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HomeMy WebLinkAboutMay 15, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 15, 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 15, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be consi ere 1. Requests for clarification of agenda items listed on the agenda for May 15, 2007. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071. 1. Consult with attorneys regarding safety procedures and avoidance of liability claims. B. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071 and Deliberations regarding Real Property - Under TEXAS GOVERNMENT CODE Section 551.072. 1. Legal advice from the City Attorney relating to the Animal Shelter Agreement, facilities, and location and deliberations regarding the purchase or value of real property for a proposed animal shelter. C. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071 and Deliberations regarding Real Property - Under TEXAS GOVERNMENT CODE Section 551.072. 1. Legal advice from the City Attorney relating to the lease of City right-of way for property at 207 North Elm and deliberations regarding the lease of City property. D. 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 City of Denton City Council Agenda May 15, 2007 Page 2 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. E. Deliberation regarding personnel matters -Under TEXAS GOVERNMENT CODE section 551.074. 1. Deliberate the evaluation of candidates for the Internal Auditor position including the selection, employment, and evaluation of a future Internal Auditor. 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 SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, May 15, 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 B. May Yard-of the-Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the City of Denton City Council Agenda May 15, 2007 Page 3 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 - N). 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 - N below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 16 relating to licenses, permits, and business regulations by amending Section 16-78 to limit the exemption for agricultural vendors and youth organizations; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. B. Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of two automatic defibrillators for the Denton Fire Department in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3792-Emergency Purchase of Two Automatic Defibrillators for the City of Denton Fire Department awarded to eMED in the amount of $29,000). C. Consider adoption of an ordinance determining a sole source and approving the expenditure of funds for the purchase of radios for the City of Denton Fire Department 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 3553-Purchase of Radios for Fire Department awarded to Motorola in the amount of $101,133). D. Consider adoption of an ordinance determining a sole source and approving the expenditure of funds for the purchase of seventy traffic signal controllers for the City of Denton Traffic Department 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 3780-Purchase of Traffic Signal Controllers awarded to Paradigm Traffic Systems in the amount of $142,800). E. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2007 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. City of Denton City Council Agenda May 15, 2007 Page 4 F. Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The celebration is sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on Friday, June 15, 2007, beginning at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 16th beginning at 11:00 a.m. and concluding at 12:00 p.m. The request is for an exception to the hours of operation and an increase in sound decibels to 75 dbls. G. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 4 relating to Alarm Systems by amending Section 4-29 to remove the exception waiving the permit fee for residential alarm permits for residents over the age of 65; by amending Section 4-62 to reduce the number of false burglar alarms allowed before a penalty may be assessed from five to three prior false burglar alarms; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this Ordinance; and providing for an effective date. H. Consider adoption of an ordinance of the City of Denton, Texas, establishing fees to be charged for annual Alarm Permits as provided for in Sec. 4-26 and 4-29 of Article II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of Denton, Texas; providing for a severability clause; providing a repealer clause; providing a savings clause; and providing for an effective date. I. Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Lennar Homes of Texas Overpayment 2005 $ 4,389.44 2. GE Capital Information Tech DCAD Supplemental Change 2006 $ 2,362.63 J. Consider approval of the Parks, Recreation and Beautification Board recommendation to select George Caddell as the artist for the most recent public art sculpture for the City of Denton. Project budget not to exceed $25,000. The Parks, Recreation and Beautification Board recommends approval (5-0). K. Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in the area of Fry Street, behind Lucky Lou's and Riprocks. The event is to be on Saturday, May 19, 2007, from 2:00 p.m. to 8:30 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. L. Consider adoption of an ordinance authorizing the acquisition in Fee Simple, through agreement or eminent domain for municipal purposes, including public utility and drainage purposes, in an approximate 0.257 acre tract of land located in the Gideon Walker Survey, Abstract Number 1330, Denton County Texas and being a parcel of land conveyed to Randy C. Snider, by Deed Recorded Under County Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the City Attorney or his designee to do all things necessary and appropriate to acquire the property through agreement or eminent domain. The Public Utilities Board recommends approval (7-0). City of Denton City Council Agenda May 15, 2007 Page 5 M. Consider approval of the minutes of: April 10, 2007 April 17, 2007 April 23, 2007 N. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2008 Budget of the Denton Central Appraisal District; and providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 3.3 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. The property is located on the west side of Carroll Boulevard, south of Eagle Drive and north of Collins Street. (Z07-0008, Eagle Crossing) The Planning & Zoning Commission recommends approval (7-0). B. Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from a "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land located on the northeast corner of Crawford Road and I-3 5 W. The property is currently undeveloped and the owner proposes the eventual development of commercial land uses. (CA07-0002, Crawford Retail). The Planning & Zoning Commission recommends approval (7-0). C. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of an approximately 7.6-acre tract of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial-Neighborhood (RCC-N) zoning district located at the northeast corner of Crawford Road and Interstate 35W. The property is currently undeveloped and the owner proposes the eventual development of commercial land uses. (Z07-0002, Crawford Retail). The Planning & Zoning Commission recommends approval (6-1) with the condition that retail uses be limited to 25,000 square feet. D. Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from "Neighborhood Centers" to "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations on approximately 257 acres of land located on the south side of U.S. Highway 380 (West University Drive) between Interstate Highway 35 and Bonnie Brae Street. The site is currently zoned a combination of Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning districts. The Planning and Zoning Commission recommends approval (7-0). E. Hold a public hearing and consider the adoption of an ordinance amending the provisions applicable to a Special Purpose Overlay District Classification, encompassing approximately 410 acres of land located generally on the north and City of Denton City Council Agenda May 15, 2007 Page 6 south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; providing for a zoning change on approximately 223 acres of land located therein from Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D), as well as the amended Rayzor Ranch Overlay District; amending Chapter 3 5, Subchapter 7.13 of the City of Denton Code of Ordinances, "Denton Development Code", Special Purpose and Overlay Districts" to amend section 35.7.13 "Rayzor Ranch Overlay District": providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for violations thereof; and an effective date.(Z06-0029 and Z06-0030). The Planning & Zoning Commission recommends approval (7-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the city of Denton, Texas, granting, pursuant to Section 20-1(e)(1)b of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. The North Texas State Fair Association is requesting athree- year exception (years 2007-2009) for the North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the fourth Sunday of August. The exception requested is from 12:00 midnight, Monday through Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday. B. Consider adoption of an ordinance of the City of Denton, Texas, renaming the Phoenix Park, and declaring an effective date. (The Parks, Recreation and Beautification Board recommends approval (6-0). C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an economic development Program Grant Agreement with Allegiance Development regarding the development of an approximate 410 acre parcel of land generally located on both sides of US Highway 380 (West University Drive) between I-35 and Bonnie Brae; authorizing the expenditure of funds therefor; and providing an effective date. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. David Johnson regarding the recent flood. B. Nell Yeldell regarding Code Enforcement and replatting of property. C. Robert Donnelly regarding city services. City of Denton City Council Agenda May 15, 2007 Page 7 E. 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. F. City Manager's Report G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2007 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas amending the provisions of Chapter 16 relating to licenses, permits, and business regulations by amending Section 16-78 to limit the exemption for agricultural vendors and youth organizations; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND Denton Municipal Code Chapter 16 regulates agricultural vendors operating in the city. In 2004, Chapter 16 underwent a comprehensive revision. This revision established a stronger set of operating criteria for itinerant vendors and solicitors. It also required them to obtain a city permit. In the revision, staff intended to provide an allowance for some special activities, such as the Farmers Market, to operate without requiring a permit. However, the final revision produced an unintended result by completely exempting all agricultural vendors from the permit requirement. As such, the current ordinance allows agricultural vendors to make door to door solicitations without a permit. The Denton Police Department has received complaints from citizens concerning agricultural vendors going door to door selling fruits and vegetables. The agricultural exemption places no restrictions on the day or time this can be done. Citizens have complained of home solicitors attempting to sell fruits and vegetables after dark and on Sundays. These activities are prohibited for home solicitors selling other types of items. The ordinance change inserts wording requiring that any agricultural vendor who engages in home solicitation must comply with the permit requirements and all other sections of the ordinance including restrictions on day and time. The change is necessary to allow regulation and enforcement for home solicitation agricultural vendors to match that of any other door to door vendor and does not affect the current exemption for places such as the Farmers Market. RECOMMENDATION Staff recommends that Council approve the ordinance. Agenda Information Sheet May 15, 2007 Page 2 PRIOR ACTION/VIEW Prior ordinance was adopted by City Council on April 6, 2004. The amended ordinance was prepared and approved by the City's Legal Department. FISCAL INFORMATION None EXHIBITS Amended Ordinance Respectfully submitted, t; 'i. a ..,.4 .:ti 7 4 Scott Langford Interim Chief of Police S:10ur Documentsl0rdinances1071Chapter 16 AgriculturalVendor.doc ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 16 RELATING TO LICENSES, PERMITS, AND BUSINESS REGULATIONS BY AMENDING SECTION 16-78 TO LIMIT THE EXEMPTION FOR AGRICULTURAL VENDORS AND YOUTH ORGANIZATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 16 of the Code of Ordinances of the City ("Licenses, Permits, and Business Regulations") be and the same is hereby amended by amending Section 16-78 "Exemptions." Section 16-78 shall read as follows: Sec.16-78. Exemptions. (a) The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their places of business. (b) The provisions of this article shall not apply to anyone or any group who is required to get a special events permit through the City Parks and Recreation Department or to the North Texas State Fair. (c) The provisions of this article shall not apply to a person soliciting employment at the Day Labor Site. (d) Sections 16-77(b), Sections 16-91-Section 16-95 shall not apply to agricultural vendors not engaging in any home solicitation or to organizations whose membership consists primarily of persons under 18 years of age, such as Girl Scouts, Boy Scouts, school organizations, youth sports organizations, and charitable or religious youth organizations. See Denton Code of Ordinances Chapter 25. However, any agricultural vendor who engages in any home solicitation must comply with the permit requirements and all other sections of this article. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. S:10ur Documentsl0rdinances1071Chapter 16 AgriculturalVendor.doc SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (l o) days of the date of its passage. PASSED AND APPROVED this the day of , 2007. PERRY R. McNEILL, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2  v AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency purchase of two automatic defibrillators for the Denton Fire Department in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3792-Emergency Purchase of Two Automatic Defibrillators for the City of Denton Fire Department awarded to eMED in the amount of $29,000). FILE INFORMATION Currently, each Fire Department apparatus is equipped with one LifePak 12 unit. These units are automatic defibrillators and cardiac monitors. They are required to meet advance cardio life support (ACES) requirements and to meet American Heart Association guidelines. The sole source provider for these units is Medtronic ERS. In December 2006, Medtronic ERS imposed a voluntary "no-shipment" policy in response to an investigation conducted by the Food and Drug Administration (FDA). At this time, Medtronic ERS is not expected to begin production on new units until November 2007. The Denton Fire Department is in the process of placing three new fire engines and one new ambulance into the fleet. All apparatuses are in need of a LifePak unit before going into service as a front line responder. Three (3) vendors who sell refurbished LifePak units have been identified. Only one vendor has two units available for purchase. All other vendors are currently out of stock or are refurbishing units submitted to them by agencies only to be returned directly back to them. RECOMMENDATION Award to eMED in the amount of $29,000. PRINCIPAL PLACE OF BUSINESS eMED Little Rock, AR Agenda Information Sheet May 15, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The LifePak units are currently available for purchase and can be shipped upon receipt of a purchase order. FISCAL INFORMATION This item will be funded from account number 100118454.1355.30100. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Memo from Ross Chadwick Attachment 2: Quote from eMED 1-AIS-File 3792 E 't Attachment 1 Memorandum DATE: May 1, 2007 T0: Tom Shaw, Purchasing Agent FROM: Ross Chadwick, Fire Chief SUBJECT: Emergency Purchase of Refurbished LifePak 12 Units Each fire department apparatus is equipped with one LifePak 12 unit. These units are automatic defibrillators and cardiac monitors and are required to provide advance cardio life support (ACES). The sole source vendor, Medronic ERS, is currently under a self imposed "no -shipment" policy in response to an investigation conducted by the Food and Drug Administration (FDA). Shipment of new devices through Medtronic ERS is not expected to resume until November 2007. An alternate vendor offering refurbished devices has been identified. An emergency purchase of two (2) refurbished LifePak units is needed to equip new fire apparatuses before they are placed into service. Denton Fire Department 332 E. Hickory St. Denton, ~'exas 76201 940.349.8840 www. cityofdenton. com Attac~men~ ~ Maw ire: I ~~e ~~c~, AR 7~~, Die ~~me # Tod ~33~ w.e~e~.Ame~i~a.,~o 41~5~20D'~ ~91~A Name ~ Adder ~c oc _ ~ ~r Baion e~SD~ won ~i~~. , ~ fie. Terms Rep Die ~n B C~' ~ y Des~ip~o~n vs# .Teal ~QO-0~08~~ ~ ~►~'R~ L~PA~ {l~c~ - ~4,~D0. Z9,Di~.~O - LADED ~RA1~0~ ~'AK ~oorw ADAP'T~V Basic ~ ~ ell ~-lcad ~ c;a~~~ ~ ~~~eadu ~ ~-~+~Q ~e~py cable, 50 Omar p~ ~ ~ ~ e~eodes, ~ rah ~U m~ per, ope~g ic~o~, i~~~vice video, se~`v'i ~aca~.a~ o~ ~~i, and hest . ~Bte d curry nvt ineh~ LOADED 1+~'T~#]N ~C~~: Bip~ AED, D1~y, ~a, ~D4rnm, pQ~, ABP, Does i~c ~ a~ iToice ~g ~ dear ~aa~~~y ss s - s~~n t~ia farms a ~ ~a 5~~-2-5 ~~t~t~~ ~ ~~,oao.~ . . i~+ w r ~ i ~t~ .f Y+VY e~Ce~?tiOru~I ALA ~S~l~#c~, t ~ dCQ~TDIt #D oua' C1~p7?~~'S, ~5, sr`O~de1'~t G} ~y1fiJl~y. 1 ~  i ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF TWO AUTOMATIC DEFIBRILLATORS FOR THE DENTON FIRE DEPARTMENT IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3792-EMERGENCY PURCHASE OF TWO AUTOMATIC DEFIBRILLATORS FOR THE CITY OF DENTON FIRE DEPARTMENT AWARDED TO EMED IN THE AMOUNT OF $29,000). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city's residents under Section 252 of the Local Government Code; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city's residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 132728 eMED $29,000 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the referenced Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. 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 . it ~ ~N BY: 3-ORD-File 3792 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance determining a sole source and approving the expenditure of funds for the purchase of radios for the City of Denton Fire Department 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 3553-Purchase of Radios for Fire Department awarded to Motorola in the amount of $101,133). FILE INFORMATION This item is for the purchase of twenty-three hand-held portable radios, six remote mount mobile radios with 30' cable and two remote mount mobile radios with 17' cable to be used on fire engines and ambulances for the City of Denton Fire Department. Motorola is the sole-source vendor for the SmartNet software that works on the Motorola Trunked Radio System Infrastructure that is currently used by the City. 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. RECOMMENDATION Award to Motorola in the amount of $101,133. The cost of each type of radio is listed below. uantit Description Price Per Unit Total Cost 23 XTS-5000 Hand Held Radio $3,157 $ 72,611 6 XTL-5000 Mobile Radio $3,747 $ 22,482 Remote Mount 3 0' Cable 2 XTL-5000 Mobile Radio $3,020 $ 6,040 Remote Mount 17' Cable Total $101,13 3 PRINCIPAL PLACE OF BUSINESS Motorola Carrollton, TX Agenda Information Sheet May 15, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The equipment can be delivered approximately 3 -4 weeks from receipt of an order. FISCAL INFORMATION The radios will be funded from the following accounts: Account 100104443.1355.30100 $16,375 Account 810006454.1355.30100 $35,633 Account 100118454.1355.30100 $49,125 Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Motorola Attachment 2: Sole Source Letter from Motorola 1-AIS-File 3553 Attachment 1 April 3 0, 2007 City of Denton Attn: Tom Shaw Denton, Texas Mr. Shaw, Thank you for the opportunity to provide you with information for the City of Denton's radio communications needs. You will find below pricing for the equipment you requested. Qty. Description and Unit Pricing 23 H18UCF9PW6-N, Level II XTS-5000 hand held portable radios with analog operation, SmartNet Software, yellow rugged housing, ruggedized intrinsically safe battery and single unit rapid rate charger @ $3,157.00 each 6 M20URS9PW1-N, XTL-5000 mobile radio, remote mount with mounting hardware, "OS" dual control head, palm microphone, external speaker and 30' cable @ $3,747.00 each 2 M20URS9PW1-N, XTL-5000 mobile radio, remote mount with mounting Hardware, "OS" control head, palm microphone, external speaker and 17' Cable @ $3,020.00 each Total for Above Equipment 5101,133.00 Standard Delivery runs approximately 3 - 4 weeks from receipt of purchase order. Delivery charges are prepaid by Motorola and are no cost to City of Denton. Please do not hesitate to give me a call at 972-977-8022 if you should have any questions or require additional information. Regards, MOTOROLA, Inc. Becky Smartt Account Manager Attachment 2 Novernher 167 901 B Teas ~it~r of i~entor~, Texas Attnf Marry ~cttinger 901-8 Te~►as tr~et Dentonr Texas 7~?4~ Mr. Hettinger, Thank you far the opportunity to respond to the "City o~Denton. Texas l'Q# D~~SOS~S~I~iBA~~CJGI" praposal fox the N~T~'~C Region amide I11t~roperabiiity Project. Attached you will find an equipment list ~vi~ pricing that represents the equipment a~~d related services required to fuI#itt the st4acly petfv~ned by ACC Consultants. The eq~ipmcnt required to integrate Into the Motorola An7bassador electronics Bank to provide the interopcrable features described within c study are Motorola cornponetrts and boards th~.t are only available from 1V~otorola Factory Direct Sacs, These items have proprietary software and are being provided by 1Vlotarola Direct to all agencies within Denton Cc~~knty. Stems re~uircd will be incorporated into your Niotarola Centraeom Gold Console equiprncnt which has proprietary software and should therefore be considered a sale source procur~r~~en~. Thank you for your car~tinued interest in N~otarola and w~e ~~a.fue our relationship with The City afDenton. e look ~`or~~ard to assisting yon with tie successful imp~ement~rtion of this project, Please do nit hesitate to contact me ifyou should have any questions or require further infcrn~alioz~. Re s, torola, Inc. cky 5m t A.ceount Manager  i ORDINANCE N0. AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF RADIOS FOR THE CITY OF DENTON FIRE DEPARTMENT 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 3553-PURCHASE OF RADIOS FOR FIRE DEPARTMENT AWARDED TO MOTOROLA IN THE AMOUNT OF $101,133). 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 3553 Motorola $1 O 1,133 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. 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 3553 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance determining a sole source and approving the expenditure of funds for the purchase of seventy traffic signal controllers for the City of Denton Traffic Department 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 3780-Purchase of Traffic Signal Controllers awarded to Paradigm Traffic Systems in the amount of $142,800). FILE INFORMATION This item is for the purchase of seventy traffic signal controllers for the City of Denton Traffic Control Department to match existing cameras and controllers utilized to balance traffic flow through high volume intersections. Traffic Control currently uses only Econolite Solo Pro video cameras and Econolite controllers because of system compatibility. Other controller and video manufactured products are not able to link up and communicate with our master controller system and software packages. Paradigm Traffic System, Inc. is the exclusive distributor of Econolite Control Products in the State of Texas; therefore, this is a sole source acquisition. 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. RECOMMENDATION Award the purchase of seventy controllers at $2,040 each (Item 1 on attached quotation) to Paradigm Traffic Systems, Inc. in the amount of $142,800. PRINCIPAL PLACE OF BUSINESS Paradigm Traffic Systems, Inc. Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT This item can be delivered and installed within 30-45 days of receipt of an order. Agenda Information Sheet May 15, 2007 Page 2 FISCAL INFORMATION This item will be funded from project account 360086444. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quotation from Paradigm Traffic Systems, Inc. Attachment 2: Sole Source Letter 1-AIS-File 3780 Attachment 1 } P.O. Box 14509 :::::::::::::::::ra:::::::::::: Ft. Worth, TX 76117 (817) 831-9406 ph _ _ _ (817) 831-9407 fx K.W TATI N UO 0 Q T0: City of Denton RFQ: 2007 Pricelist attn: Scott Wilson Page 1 of 2 ph: 940-349-8491 fax: 940-349-7307 E-mail: scott.wilson@cityofdenton.com DATE SLSMN DELIVERY FREIGHT SHIP VIA F.O.B. TERMS QUOTE # 318107 JW 30-45 Days ARO PPD & Allowed Best Way Destination NET 30 Q7294W ITEM QTY DESCRIPTION UNIT PRICE TOTAL PRICE Controller Equipment 1 1 Econolite ASC/3-21000100000 Controllerwl Ethernet Port & Data Key $2,040.00 $2,040.00 2 1 Data Key Upgrade: For ASC3100-1007-501 data key / 100-1087-001 ribbon cable $104.00 $104.00 3 1 Henke "D" Adapter Harness for PEEK to Econolite $60.00 $60.00 Video Equipment 4 1 Solo Pro II Camera (704120) $3,629.00 $3,629.00 5 1 60' Solo Pro MVP Cable $150.00 $150.00 6 1 AS-0175-23-84 Camera Mounting bracket $88.00 $88.00 7 1 ACIP to MH RS-485 Cable $4.00 $4.00 8 1 Mini-Hub II IIF Cable Sets $46.00 $46.00 9 1 Comm. Interface Panel (ACIP4SS) $985.00 $985.00 10 1 ACIP Power Panel (ACP 340) $175.00 $175.00 11 1 Mini-Hub II $559.00 $559.00 Video Equipment Kits 12 1 3-Camera Solo Pro Video Detection Systems clo: $13,367.00 $13,367.00 Sea Solo Pro MVP Camera (704120) Sea 60' Solo Pro MVP Cable Sea Camera Bracket, Pelco (AS-0166-4-84) lea ACIP to MH RS-485 Cable lea Mini-Hub II Cable Sets lea Com. Interface Panel (ACIP-4SS) lea ACIP Power Panel (ACP-340) lea Mini-Hub II 13 1 4-Camera Solo Pro Video Detection Systems clo: $17,233.00 $17,233.00 4ea Solo Pro MVP Camera (704120) 4ea 60' Solo Pro MVP Cable 4ea Camera Bracket, Pelco (AS-0166-4-84) lea ACIP to MH RS-485 Cable lea Mini-Hub II Cable Sets lea Com. Interface Panel (ACIP-4SS) lea ACIP Power Panel (ACP-340) lea Mini-Hub II 7294W, quote 3-8-07 14 1 6-Camera Solo Pro Video Detection Systems clo: $25,951.00 $25,951.00 6ea Solo Pro MVP Camera (704120) 6ea 60' Solo Pro MVP Cable 6ea Camera Bracket, Pelco (AS-0166-4-84) lea ACIP to MH RS-485 Cable lea Mini-Hub II Cable Sets tea Com. Interface Panel (ACIP-4SS) lea ACIP Power Panel (ACP-340) lea Mini-Hub II 15 1 1000' 18/6 PR SHLD Communication Cable for Solo (FEET) $1.20 $1.20 ADD 6% FOR CREDIT CARD PAYMENT Page 2 of 2 Thank you for the opportunity to submit a proposal to you on this equipment. Please reference this quotation (by QTE OFFERED BY: number) when placing order. If you have any questions please call or send a fax to me. This quote is valid for 60 days. Thereafter it is subject to Jennifer Warnack change without notice. Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 7294W, quote 3-8-07 z' ~ + Attachment 2 Thursday, .Aril t , 207 Karen Smith City of Denton Purchasing De~artrrient Sol Texas Street Denton, T 7~2o X Dear ~.arerl, This letter is to inforrn the pity Denton that ~aradig~n Traffic Systems is the exclusive distributor of conol~te control Products rn the State of Texas. everything that ~conolite yells must go thxough cur can~pny, t have attached our contact inforrrzation from Econolite's website~ I can also give you a contact at Econolite if you need further verification. e are always happy to an~ver quetlons, and ~el~ you find what you need. Don't hesitate to Dell if need anything else. Sincere S L ~ ~ J°~Yl f ~ ~rT ~ ~~.ww..r.~ ~nn~~er ~Uarnacl~ aleslarlCeting Director Paradigm Traffic Systems ~~7--951 elf ~.o. fox 145D~ ~ ~a~~ ~Ifarth _ Texas - ~ ~ - 8~ ~.81.940fi - ~a~ 81 ~.83~ .940 ~ ~w~.para~igr~t~~f~i~,c~~  ORDINANCE N0. AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SEVENTY TRAFFIC SIGNAL CONTROLLERS FOR THE CITY OF DENTON TRAFFIC DEPARTMENT 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 3780-PURCHASE OF TRAFFIC SIGNAL CONTROLLERS AWARDED TO PARADIGM TRAFFIC SYSTEMS IN THE AMOUNT OF $142,800). 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 3780 Paradigm Traffic Systems $142,800 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. 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 r r ~ _ ~R , ~.s BY: 3-ORD-File 3780 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks and Recreation/Community Development ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2007 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funding. In 2005, using a process with input from citizens and local non-profit organizations, staff developed Denton's 2005 - 2009 Consolidated Plan for Housing and Community Development. The Consolidated Plan is afive-year strategy detailing proposed housing, social service and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2007 Action Plan represents the third year in the City's five-year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2006. Application availability was advertised from November through December. Staff held application workshops in January. CDAC and HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to present to City Council. Staff has developed the 2007 Action Plan using the recommendations. Administration activities are also included in the Action Plan. A public hearing on the 2007 Action Plan was held on April 17, 2007. The comment received during the public comment period is summarized on page 39 of the 2007Action Plan. ESTIMATED PROJECT SCHEDULE Action Plan approval May 15, 2007 Submission of Action Plan to HUD June 15, 2007 HUD release of funds & program initiation August 1, 2007 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure and social service facility funding. CDAC recommended $1,159,129 in funding for various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2007Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $134,656 in CDBG funding to various programs. Each committee presented these recommendations to City Council at the work session on April 17, 2007. FISCAL INFORMATION All projects and programs approved under the 2007 Action Plan are funded through the CDBG or HOME programs. Some general fund dollars are used for human services program administration. EXHIBITS 1. Resolution 2. 2007 Action Plan for Housing and Community Development Respectfully submitted: nh Emerson Vorel Interim Director of Parks and Recreation Prepared by: _ _ S 'p t"^..A 'l _ ~ 1 Barbara Ross Community Development Administrator Exhibit 1 s;l0ur DocumentslRe~olutions1~712U07 Action Phan Resalution,doc i I RESOLUTION NO. A RESOLUTION BY THE CITY DENTON, TEXAS, AUTHORI~INCr THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSIl~1O AND URBAN DEVELOPMENT A 2007 ACTION PLAN FOR HOUINC AND OIVIMCTNITY DEVELOPMENT wITH APPROPRIATE CERTIFICATIONS, AS AUTHORISED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUINC ACT OF I990, AS AMENDED; AND PROVIDING FOR AN EFFECTS DATE ~IEREAS, the City ofDentan, Texas, i concerned with the development ofviable urban carnunities, including decent housing, a suitable living environment and expanded ecvnamic opportunities; and WHEREAS, the City of Denton, Texas, hay a special concern far persons of low and moderate income; and wHEREA, the City of Denton, Texas, as a CDB~ entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program far ut111~ii1g its X007-year entitlement funds, program income and reallocated funds in the approximate amount of $1,OD,QO~; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been rriet; and wHEREA, the Community Development Act of I974 and the National Affordable Housing Act of I990 require an application and appropriate certif cations included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I .The City Council of the City of Denton, Texas, authorizes the City 1Vlanger to sign and submit to the Department of Housing and Urban Development a ~~07 Action Plan and appropriate certifications far entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION The City Council of the City of Denton, Texas, authorises the Community Develaprnent Adi~iinistratar to handle all f Teal and a~dmirii~trative matters related to the application, the Action Plan and the certifications. SECTION . The City secretary is hereby authorised to furnish copies ofthis resolution to lntereste~ parties. {  i i S;IOur Docum~ntslResoluti~ns1~71~~07 Action Plan Resalution,doc SECTION 4. This resolut~ar~ shall became effective lmmedrately upon its passage and approval, PASSED AN17 APPRO~EI~ this the day of , ~0~7 PERRY R.~ e~EII1L, MAYOR ATTEST; ,IE~TNIPER V~ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDrN SNYDER, CITY ATTORNEY  i i i Exhibit 2 ~~~o~ ~'~~~~o~ ~ox~~~~~ ~o~~~~~~ ~~~~~o~~~~` X00 ~ ~o~~~~ . ! r t ! R i~ s~ / `1 I Housing Park Facilities ~ Public Improvements Human Services Prepared for the U.S. Dept. of Housing and Urban Development. Presented to the Denton City Council on April 17, 2007. www.citvofdenton.com ADA/EOE/ADEA TABLE OF CONTENTS A. Executive Summary of Action Plan 1. Introduction l 2. Funding Summary l 3. Local Match ..................................................................................................................1 4. Citizen Participation .....................................................................................................2 5. Amendment ..................................................................................................................2 B. Funding Sources 1. Summary ......................................................................................................................3 2. SF-424 Application ......................................................................................................4 C. Projects/Activities 1. Summary ......................................................................................................................6 2. CPD Listing of CDBG and HOME Proposed Projects ................................................7 3. Other Resources Available .........................................................................................17 D. CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................18 2. Continuum of Care Strategies ....................................................................................19 3. Lead-Based Paint Strategies .......................................................................................22 4. Human Services Strategies .........................................................................................22 5. Infrastructure & Public Facilities Strategies ..............................................................24 6. Demolition Strategies .................................................................................................25 7. Anti-Poverty & Economic Development Strategies ..................................................25 E. Proposed Project Map ......................................................................................................26 F. Other Program Requirements 1. HOME -Forms of Investment ...................................................................................27 2. HOME -Tenant-Based Rental Assistance ................................................................27 3. Monitoring Standards and Procedures ......................................................................28 4. Public Housing Improvements ...................................................................................29 5. Public Housing Resident Initiatives ...........................................................................29 6. Institutional Structure .................................................................................................29 G. Certifications ....................................................................................................................31 H. Minutes 1. Public Hearings on December 5, 2006 .......................................................................3 8 2. Public Hearing on December 8, 2006 ........................................................................3 8 3 . Public Hearing on April 17, 2007 ..............................................................................3 9 4. 30-day Comment Period .............................................................................................39 I. Appendix 1. Revised Housing Strategies ........................................................................................40 2. Revised Continuum of Care Strategies ......................................................................44 3. Revised Lead-Based Paint Strategies .........................................................................47 4. Revised Human Services Strategies ..........................................................................48 5. Infrastructure & Public Facilities Strategies ..............................................................50 6. Anti-Poverty & Economic Development Strategies ..................................................51 7. Barriers to Affordable Housing Strategies .................................................................52 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2007 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a 0ne-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2007 Program Year to address Denton's strategies stated in the 2005-2009 Consolidated Plan for Housing and Community Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; ■ Lead-Based Paint Strategies: Education and Reduction ofLead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Partnership Programs. The City of Denton's 2007 CDBG allocation is $897,709 and the HOME allocation is $542,079. A total of $58,000 in program income is projected for the 2007 Program Year for both CDBG and HOME grants. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 5, respectively. Page 1 LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $120,843. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Denton will provide the match from a variety of sources including the following: 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible proj ects. CITIZEN PARTICIPATION To ensure citizen participation in the 2007 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 4th and 7th. The December 4th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2007 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2007 Action Plan process, a public hearing will be scheduled on April 17, 2007 during a City Council Meeting to give citizens the opportunity to comment on the 2007 proposed projects and activities. See page 38 for minutes of the public earmg. AMENDMENT The 2005-2009 Consolidated Plan for Housing and Community Development has been amended to incorporate the new performance measurement requirements as stated by the U.S. Department of Housing and Urban Development. The following strategies have been revised to include the objectives and outcomes: Housing, Continuum of Care, Lead-Based Paint, Human Services, Infrastructure Improvements, Anti-Poverty and Barriers to Affordable Housing. See pages 79-90 for the revised strategies. Page 2 2007 FUNDING SUMMARY Entitlement Grant (Includes Reallocated Funds) CDBG $897,709 ESG $0 HOME $542,079 HOPWA $0 Total $1,439,788 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds CDBG $47,247 ESG $0 HOME $0 HOPWA $0 Total $47,247 Total Estimated Program Income CDBG Loan Repayments $13,000 HOME Loan Repayments $45,000 Total $58,000 Section 108 Loan Guarantee Fund $0 Total Funding Sources $1,545,035 Page 3 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted pplicant Identifier June 15, 2007 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information Error! Not a valid link. CITY OF DENTON Error! Not a valid link. Error! Not a valid link. 101 S. LOCUST, STE. 500 Error! Not a valid link. 07-138-0190 Error! Not a valid link. Error! Not a valid link. Error! Not a valid link. Error! Not a valid link. PARKS & DENTON State TEXAS RECREATION DEPT. Error! Not a valid link. COMMUNITY Error! Not a valid link. 76201 Error! Not a valid link. DEVELOPMENT Employer Identification Number (EIN): Error! Not a valid link. DENTON 75-6000514 Error! Not a valid link. 08/01/06 Applicant Type: Specify Other Type if necessary: Error! Not a valid link. Error! Not a valid link. U.S. Department o Pro ram Fundin Housing and Urban Developmen Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation, minor repair, public facility Denton, Texas improvements, provision of public services, homeownership assistance, pro ram administration. CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe $897, 709 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $13, 000 Total Funds Leveraged for CDBG-based Project(s) Page 4 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition, rehab and homeownership Denton, Texas assistance, tenant based rental assistance and program administration $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $542,079 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $45,000 otal Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for ESG-based Project(s) Congressional Districts of: Is application subject to review by state Executive Order Applicant Districts 26 Project Districts 26 12372 Process? Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the "Yes" please include an additional document state EO 12372 process for review on DATE explaining the situation. ❑ No Pro ram is not covered b EO 12372 ❑ Yes ®No ®NIA Program has not been selected by the state for review Person to be contacted regarding this application Error! Not a valid link. Barbara Error! Not a valid link. L. Error! Not a valid link. Ross Error! Not a valid link. CD Error! Not a valid link. (940) 349-7235 Error! Not a valid link. (940) dministrator 383-2445 Error! Not a valid link. Error! Not a valid link. - Error! Not a valid link. bross cit ~ofdenton.com ww.cit ofdenton.com Signature of Authorized Representative -George C. Campbell, City Manager Date Signed Page 5 2007 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2007 is $1,545,035 (includes $47,247 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each proj ect is described in detail from pages 7 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBG HOME Page # Proj ect Name Funds Funds 7 IDS Services of North Texas $9,000 $0 7 CDBG Administration $192,542 $0 8 Children's Advocacy Center Project $60,000 $0 8 AHC -Affordable Housing Opportunity Program $0 $164,000 9 enton Christian Preschool $22,000 $0 9 enton City County Day School Project $40,375 $0 10 enton County Friends of the Family $23,000 $0 10 airhaven Retirement Home Project $34,800 $0 11 airoaks Retirement Apartments Project $21,000 $0 11 amily Health Care, Inc. $23,545 $0 12 OME Administration $0 $58,708 12 ome Improvement Program $296,228 $234,856 13 omebuyer Assistance Program $33,080 $130,920 13 OPE, Inc. $20,000 $0 14 inor Repair Program $105,000 $0 14 eople's Clinic $15,545 $0 15 Salvation Army Denton Corps $4,566 $0 15 SPAN, Inc. $17,000 $0 16 Tenant Based Rental Assistance $0 $2,300 Total Funding Allocated to Projects $921,386 $587,079 Funding Available $957,956 $587,079 Unprogrammed Funds $36,570 $0 Page 6 PROJECT DESCRIPTIONS The following are descriptions of proj ects and activities that will be funded during the 2007 Program Year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas. HUD Matrix Code: OS Public Services (General) 570.201(e) Objectives: J Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ®Suitable Living Environment ❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: S ecific Outcomes: Number of persons assisted with improved access to ®Availability/Accessibility p a service - 40 ersons p ❑ Affordability Project Goals: 40 People ❑ Sustainability Primary Purpose: ❑ Homeless ®HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $9,000 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2007 Other Sources $2,614,510 Completion Date 9/30/2008 Total $2,623,510 CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The program will be carried out by the City's Community Development Division. Funding includes $13,000 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eli ibili 570.208 a 2 Low/Mod Limited Clientele ❑Suitable Living Environment g ~ OO Decent Housin ❑ g Priority Need: Planning & Administration ❑ Creating Economic Opportunities Specific Objective: N/A Outcomes: S ecific Outcomes: N/A ❑Availability/Accessibility p ❑ Affordability Project Goals: N/A ❑ Sustainability Primary Purpose: ❑ Homeless ❑HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $192,542 Location: Community Wide HOME $0 Start Date 08/01/07 Other Sources $83,682 Completion Date 07/31/08 Total $276,174 Page 7 CHILDREN'S ADVOCACY CENTER OF DENTON COUNTY, INC. Project consists of building a new expanded facility for the Children's Advocacy Center of Denton County, Inc. Funds will be used for the actual construction of the facility. The agency provides services to severely abused children from all Denton County, Cooke County, Carrollton and Coppell. Project will be carried out by the City's Community Development Division and Children's Advocacy Center of Denton County, Inc. HUD Matrix 03Q Abused and Neglected Children Facilities 570.201 Objectives: Code: (c) ® Suitable Living Eligibility: 570.208(a)(2) -Low/Mod Limited Clientele Environment ❑ Decent Housing Priority Need: Public Facilities ❑ Creating Economic Specific Objective: Improve the services for low/moderate income persons. Opportunities Specific Outcomes Number of persons assisted with new access to afacility - Outcomes: Indicators: 1600 eo le ®Availability/Accessibility p p ❑ Affordability Project Goals: 1600 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $60,000 Location: West Cain Dr. - South FM407, Lewisville, Texas 75077 HOME $0 Start Date 08/Ol/07 Other Sources $2,439,272 Completion Date 12/31/08 Total $2,499,272 DAHC -AFFORDABLE HOUSING CORP Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Funds will be utilized to acquire home in Denton, rehabilitate them and sell to low and moderate income households. Funds will also be used for operating expenses. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation 92.205 (a) Objectives: J Eli ibili N/A ❑ Suitable Living Environment g tY ®Decent Housing Priority Need: Housing ❑ Creating Economic Increase the availabili of affordable owner Opportunities S ecific Ob'ective: ~ p ~ housing. Outcomes: Specific Outcomes Number of affordable units - 20 ®Availability/Accessibility Indicators: Numbers brought to standard condition - 20 ❑ Affordability Project Goals: 20 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG $0 Location: Community Wide HOME $164,000 Start Date 08/01/07 Other Sources $2,000,451 Completion Date 07/31/08 Total $2,164,451 Page 8 DENTON CITY COUNTY DAY SCHOOL PROJECT Project consists of making needed improvements to the school. Funds will be used to replace exterior and interior doors and install a flooring surface on the gym. The improvements are needed to make the building more energy effective and create a safer environment at the school. The school provides affordable day care on a sliding scale. Project will be carried out by the City's Community Development Division and Denton City County Day School. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment Priority Need: Public Facilities ❑ Decent Housin g Im rove the services for low/moderate income ❑ Creating Economic Specific Objective: p 0 ortunities persons. pP S ecific Outcomes Number of persons assisted with new access to a Outcomes: p Indicators: facili - 98 children ❑ Availability/Accessibility ~ Affordabili ® tY Project Goals: 98 children ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $40,375 Location: 1603 Paisley Street, Denton Texas 76209 HOME $0 Start Date 08/01/06 Other Sources $ Completion Date 07/31/07 Total $40,375 DENTON CHRISTIAN PRESCHOOL Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay salaries for bilingual teacher, translator and bus driver for fifth classroom. Program carried out by the Denton Christian Preschool. HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment Priority Need: Public Services ❑ Decent Housing ❑ Creating Economic S ecific Ob'ective: Improve the services for low/moderate income Opportunities p ~ persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: a service - 67 ersons ®Availability/Accessibility Indicators: p ❑ Affordability Project Goals: 67 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $22,000 Location: 1114 West University Drive, Denton, Texas HOME $0 Start Date 10/Ol/07 Other Sources $286,462 Completion Date 09/30/08 Total $308,462 Page 9 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic violence. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: OSG Battered and Abused Spouses 570.201(e) Objectives: ®Suitable Living Environment Eligibility. 570.208(a)(2) - Low/Mod Limited Clientele ❑ Decent Housin g Priority Need: Public Services ❑ Creating Economic 0 ortunities Specific Objective: Provide emergency services for homeless persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ®Availability/Accessibility Indicators: a service - 3,512 persons ❑ Affordability Project Goals: 3,512 People ❑ Sustainability Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $23,000 Location: Confidential HOME $0 Start Date 10/01/07 Other Sources $1,411,035 Completion Date 09/30/08 Total $1,434,035 FAIRHAVEN RETIREMENT HOME Project consists of making needed improvements to the Fairhaven Retirement Home. Funds will be used to replace heat pumps and carpet in the 48 tenant units. The retirement home provides affordable housing for low-income seniors. Project will be carried out by the City's Community Development Division and Denton City County Day School. HUD Matrix Code: 03A Senior Centers 570.201 (c) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ❑Suitable Living Environment Priority Need: Public Facilities ®Decent Housin g ❑ Creating Economic Specific Objective: Improve the quality of affordable rental housing. Opportunities S ecific Outcomes Number of persons assisted with new access to a Outcomes: p ®Availability/Accessibility Indicators: facility - 46 persons ❑ Affordability Project Goals: 46 persons ❑ Sustainability Primary Purpose: ❑Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $34,800 Location: 2400 N. Bell Avenue, Denton Texas 76209 HOME $0 Start Date 08/01/07 Other Sources $ Completion Date 07/31/08 Total $34,800 Page 10 FAIROAKS RETIREMENT APARTMENTS Project consists of making needed improvements to the Fairoaks Retirement Apartments. Funds will be used to add accessible ramps to the facility and add a 300 square foot sidewalk from the Community Building to the Maintenance Shop. The retirement apartments provide affordable housing for low-income seniors. Project will be carried out by the City's Community Development Division and Denton City County Day School. HUD Matrix Code: 03A Senior Centers 570.201 (c) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ❑ Suitable Living Environment Priority Need: Public Facilities ®Decent Housin g ❑ Creating Economic Specific Objective: Improve the quality of affordable rental housing. Opportunities S ecific Outcomes Number of persons assisted with new access to a Outcomes: p ®Availability/Accessibility Indicators: facility -19 persons ❑ Affordability Project Goals: 19 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,000 Location: 1950 Lattimore, Denton Texas 76209 HOME $0 Start Date 08/01/07 Other Sources $ Completion Date 07/31/08 Total $21,000 FAMILY HEALTH CARE Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: OSM Health Services 570.201 (e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment Priority Need: Public Services ❑Decent Housin g Im rove the services for low/moderate income ❑ Creating Economic Specific Objective: p 0 ortunities persons. pP S ecific Outcomes Number of persons assisted with improved access to Outcomes: p ®Availability/Accessibility Indicators: a service - 83 persons ❑ Affordability Project Goals: 83 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $23,545 Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0 Start Date 10/01/07 Other Sources $1,225,767 Completion Date 09/30/08 Total $1,249,312 Page 11 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. Funding includes $45,000 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10% 92.207 a Objectives. ) ❑ Suitable Livin Environment g Eligibility: N/A ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Opportunities Specific Objective: N/A Specific Outcomes Outcomes: Indicators: N/A ❑ Availability/Accessibility ❑ Affordability Project Goals: N/A ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community Wide HOME $58,708 Start Date 08/01/07 Other Sources $0 Completion Date 07/31/08 Total $59,120 HOME IMPROVEMENT PROGRAM Rehabilitation ofowner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding includes CDBG ($52,000) and HOME ($40,500) Program Income. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG . / 92.205 (a) HOME Objectives: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ®Decent Housin g Priorit Need: Owner-occu ied Housin ❑ Creating Economic y p g Opportunities Specific Objective: Improve the quality ofowner housing. Outcomes: Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility Indicators: standard condition - 8 housing units ®Affordability Project Goals: 8 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $296,228 Location: Community Wide HOME $234,856 Start Date 08/01/07 Other Sources $125,000 Completion Date 07/31/08 Total $656,084 Page 12 HOMEBUYER ASSISTANCE PROGRAM HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Ob'ectives: J Eli ibili 570.208 a 3 - Low/Mod Housin ❑ Suitable Living Environment g ty g ®Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Increase the availabili of affordable owner Opportunities Specific Objective: ~ housin . S ecific Outcomes Number offirst-time homebuyers - 30 households Outcomes: p Number receiving down-payment assistance/closing ❑ Availability/Accessibility Indicators: costs - 30 households ®Affordabili Project Goals: 30 Households ❑ Sustainability J Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $33,080 Location: Community Wide HOME $13 0,920 Start Date 08/01/06 Other Sources $0 Completion Date 07/31/07 Total $164,000 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager. Program will be carried out by HOPE, Inc. HUD Matrix Code: OS Public Services (General) 570.201(e) Ob'ectives: J Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment Priorit Need: Public Services ❑ Decent Housing y ❑ Creating Economic S ecific Objective: Improve the services for low/moderate income Opportunities p ~ persons. S ecific Outcomes Number of ersons assisted with im roved access to Outcomes: p p p ®Availability/Accessibility Indicators: a service -19 persons ❑ Affordability Project Goals: 19 People ❑ Sustainability Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $20,000 Location: 117 West Sycamore, Denton, TX 76201 HOME $0 Start Date 10/01/07 Other Sources $335,795 Completion Date 09/30/08 Total $355,795 Page 13 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: J Eli ibili 570.208 a 3 - Low/Mod Housin ❑ Suitable Living Environment g ty g ®Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units brought from substandard to ®Availability/Accessibility Indicators: standard condition - 41 housing units ❑ Affordability Project Goals: 41 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $105,000 Location: Community Wide HOME $0 Start Date 08/01/07 Other Sources $0 Completion Date 07/31/08 Total $105,000 PEOPLE'S CLINIC OF DENTON COUNTY Provision of specialty medical care, x-rays, lab work and medications to Denton citizens in poverty. Funds will be used to purchase specialty physician services, medical procedures such as colonoscopy and colposcopy, imaging studies such as MRI, CT and ultrasound and to provide acute care medications, those medications needed without delay, and partially fund the pharmacy program coordinator salary. Program will be carried out by People's Clinic of Denton County. HUD Matrix Code: OSM Health Services 570.201 (e) Objectives: , , , , ®Suitable Living Eligibility. 570.208(a)(2) - Low/Mod Limited Clientele Environment Priority Need: Public Services ❑ Decent Housing . Im rove the services for low/moderate income ❑ Creating Economic Specific Objective: p 0 ortunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: Indicators: a service - 6 412 ersons ®Availability/Accessibility P ❑ Affordability Project Goals: 6,412 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $15,545 Location: 505 South Locust Street, Denton, TX 76201 HOME $0 Start Date 10/01/07 Other Sources $826,605 Completion Date 09/30/08 Total $842,150 Page 14 SALVATION ARMY DENTON CORPS Provision of the K.A.R.E. Kitchen providing breakfast and dinner for needy Denton families and individuals. Funds will provide food for clients and Shelter Kitchen staff salaries. Program will be carried out by the Salvation Army Denton Corps. HUD Matrix Code: Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment ❑ Decent Housing Priority Need: ❑ Creating Economic S ecific Ob'ective: Improve the services for low/moderate income Opportunities p ~ persons. S ecific Outcomes Number of ersons assisted with im roved access to Outcomes: p p p ®Availability/Accessibility Indicators: a service - 300 persons ❑ Affordability Project Goals: 300 people ❑ Sustainability Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $4,566 Location: 1508 E. McKinney, Denton, Texas 76201 HOME $0 Start Date 10/01/07 Other Sources $677,026 Completion Date 09/30/08 Total $681,592 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program will be carried out by SPAN. HUD Matrix Code: OSA Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ®Suitable Living Environment Pri ri n-h in i 1 n ❑ Decent Housing o ty Need. No ous g spec a eels ❑ Creating Economic S ecific Ob'ective: Improve the services for low/moderate income Opportunities p ~ persons. S ecific Outcomes Number of persons assisted with improved access to Outcomes: p ®Availability/Accessibility Indicators: a service - 450 persons ❑ Affordability Project Goals: 450 people ❑ Sustainability Primary Purpose: ❑Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $17,000 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/07 Other Sources $1,776,395 Completion Date 09/30/08 Total $1,793,395 Page 15 TENANT-BASED RENTAL ASSISTANCE PROGRAM Provision of rental assistance to special needs households including elderly and disabled. Funds will be utilized to make direct rental payments to owners/manager s of units where a special needs TBRA resident resides. Project will be carried out by the City's Community Development Division. HUD Matrix Code: OSS Rental Housing Subsidies (TBRA) Objectives: ❑ Suitable Living Eligibility. N/A Environment Priority Need: Rental Housing ®Decent Housing ❑ Creating Economic Specific Objective: Improve access to affordable rental housing. Opportunities Specific Outcomes Number of assisted units occupied by elderly or Outcomes: Indicators: disabled households - 3 households ❑ AvailabilitylAccessibility ® Affordability Project Goals: 3 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community wide HOME $2,300 Start Date 08/01/07 Other Sources $ Completion Date 07/31/08 Total $2,300 Page 16 OTHER RESOURCES AVAILABLE Also, during the 2007 Program year, the City of Denton plans to undertake additional activities/programs to address local obj ectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services programs. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2007. The committee also recommended that $8,000 from last year's General Fund recommendation for Owsley Community School be reallocated because the organization is no longer providing services. The committee recommended to reallocate $5,000 to Family Health Care, Inc. for medical procedures/medicine and $3,000 to Community Food Center, Inc. for food. General Category /Agency Other Funds Total Funds Funds Aging Services Denton Co. Sr. Housing -Fairhaven - 48 people $7,000 $0 $7,000 RSVP - 505 people $8,000 $232,565 $240,565 Emergency Services Community Food Center -10,250 people $4,000 $39,175 $43,175 Denton County HMIS - N/A $18,000 $75,958 $93,958 Salvation Army Denton Corps. - 300 people $434 $681,158 $681,592 Day Care /After School Care Denton City County Day School - 98 people $25,000 $457,630 $482,630 Fred Moore Day Nursery - 250 people $27,000 $366,622 $393,622 Child/Family Services CASA -198 people $8,500 $457,656 $466,156 Children's Advocacy Center - 265 people $8,500 $630,500 $639,000 Total $106,434 $2,978,357 $3,077,791 Page 17 STRATEGIES ~ PROPOSED PROJECTS The City of Denton's 2007 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY RENTAL HOUSING STRATEGIES H-3.1 ncourage and support n addition of 100 rovide support for low-income housing Sustainability he development of affordable units in mixed ax credit and bond proposals for of Decent small mixed-income income developments development. ousing ental developments in ould assist in meeting accessible areas. his outcome measure. H-2.1 ncourage self ental assistance and ork with and provide funding when ffordability of sufficiency among other forms of public appropriate to support transitional ecent Housing ouseholds that assistance to ousing and self sufficiency programs currently receive rental approximately 25 administered by Denton Housing subsidies and other ouseholds uthority, HOPE, Inc and Cumberland forms of public support. resbyterian Children's Home. H-l.l ncourage and support ehabilitation Continue to support effort in the City's vailability/ he rehabilitation of pproximately 25 units. ental Rehabilitation Program with ccessibility of substandard units. esidual funds. ecent Housing H-2.2 ncourage and assist low- pproximately 250 renters unding City's Homebuyer Assistance ffordability of income renters to become ill be assisted. rogram, DAHC's Affordable Housing ecent Housing omeowners. Opportunity Program for 50 households. Support of the following programs: AHCs Infill New Construction Program and Nevada Court Project, Denton Housing uthority's Family Self Sufficiency Program and Habitat for Humanity. H-1.2 Target programs and our newsletters per year unding of the Tenant-Based Rental vailabilityl information to minorities ill be sent out. Additional ssistance for elderly and disabled. ccessibility of and the elderly. information will appear on isseminate program information in Spanish ecent Housing cable channel. and English to organizations serving these roues. OWNER-OCCUPIED HOUSING STRATEGIES H-2.3 ducate homeowners nformation will be provided 8 households will be provided successful ffordability of egarding home o 20-25 households omeowner education. ecent Housing aintenance and udgeting for maj or and inor repairs and safe cleaning practices. Page 18 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY H-2.4 ssist low and moderate- rovide minor repairs to unding of the Minor Repair Program for 41 ffordability of income households with approximately 120 very low ouseholds. ecent Housing inor housing repairs and omoderate-income eatherization. omeowners. H-3.2 ncourage and assist low ssistance to 25 to 35 unding of the Home Improvement Program Sustainability and moderate-income ouseholds. for 8 households. of Decent omeowners to maintain ousing heir units up to current City of Denton code standards. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS H-2.5 ducate homebuyers nformation will be provided Support of Fannie Mae and HUD approved ffordability of egarding home buying o 150 prospective omeowner-ship workshops by local ecent Housing rocess and household omebuyers. agencies and lenders udgeting. H-2.6 ncourage and assist low pproximately 150 renters unding of Homebuyer Assistance Program ffordability of and moderate income ill be assisted. and DAHC's Affordable Housing ecent Housing enters to become Opportunity Program for a total of 50 omeowners. ouseholds. H-2.7 Support production of Construction of an estimated Support of DAHC and City's Infill New ffordability of affordable units. 75 new units. Construction Program and DAHC and ecent Housing abitat for Humanity's New Construction rogram. CONTINUUM OF CARE -PREVENTING HOMELESSNESS H-2.8 rovide assistance for 1) Support at least three 1 a) Support and refer persons to local ffordability of low-income households to educational classes business and agency's' First Time ecent Housing secure and sustain safe, concerning securing Homebuyer classes and Credit decent affordable housing and maintaining a Counseling Classes home. lb) Provide funding to HOPE, Inc in support of programs including Support 250 Housing Counseling individual/ family units of services to a) Provide administrative support and secure and maintain funds including any Emergency housing including Shelter Grant Program or prevention of Emergency Food and Shelter foreclosure and Program Awards to HOPE, Inc and eviction a year The Salvation Army for homelessness prevention assistance. b) Continue to support the Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. Page 19 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY CONTINUUM OF CARE -OUTREACH AND ASSESSMENT SL- l , l mprove community 1) Support at least five 1) Provide funds to the Denton County vailability/ assessment of needs and homeless service Homeless Management Information ccessibility of services available agencies System to enroll and support Suitable Living participating in the homeless service agencies. nvironment HMIS in three years. a) Complete first phase of Denton Complete County HMIS project implementation of Implementation including contracts the Denton County with software provider and for HMIS project in HMIS technical services support. three years. b) Assist Denton County HMIS Project 3) Support acounty- management to complete HMIS wide coordinated policies and procedures. Discharge Policy 3) Assist the Denton County Homeless and Plan to End Coalition to organize a taskforce to Chronic create and implement a plan to in Homelessness in Chronic Homelessness including a two years coordinated discharge policy. CONTINUUM OF CARE -EMERGENCY SHELTER H-1.3 eet the emergency 1) Support at least 1) Provide funds to the Denton vailability/ shelter and basic health, 1,000 emergency County Friends of the Family Safe ccessibility of food, clothing, and shelter nights of stay Shelter. ecent Housing ersonal hygiene needs of a year. 2a) Assist The Salvation Army, and he homeless and victims ) Assist local Denton County Friends of the of domestic violence. a encies to a 1 for Famil to a 1 for Emer enc g ppY Y PpY g Y at least three grants Shelter Grant Program Funds to provide 2b) Assist Denton County MHMR to supportive services apply for Supportive Housing to all homeless, Program and/or Shelter Plus Care victims of domestic Funds. violence, homeless 2c) Assist AIDS Services of North families or homeless Texas apply for Supportive youth. Housing Program Funds. Page 20 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY CONTINUUM OF CARE -TRANSITIONAL HOUSING H-1.4 eet the transitional 1) Support at least 100 1 a) Provide funds to the Salvation vailability/ ousing and supportive individuals/ families Army's transitional shelter program ccessibility of service needs of the provided with to assist 300 people. ecent Housing omeless and victims of transitional housing lb) Provide funds to HOPE, Inc to domestic violence in a year. support a transitional housing reparation for a move to Assist local ro ram for an estimated 19 ermanent or permanent ) p g supportive housing. agencies to apply for persons. at least two grants to 2a) Provide local agencies with provide additional information on grant opportunities transitional housing for funds to support transitional and supportive housing and supportive services. services 2b) Provide documentation for and assist 3) Support the with the completion of applications increase use of to request Emergency Shelter Grant transitional housing Funds and Supportive Housing and/or supportive Program funds for transitional services to prepare housing and supportive services individuals for 3) Attend Ten Year Plan to End permanent housing Homelessness meetings and provide in the Ten Year Plan information on the importance and to End need for transitional housing and/or Homelessness. supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING H-3.3 rovide homeless and 1) Assist agencies to 1 a) Assist AIDS Services of North Sustainability ictims of domestic apply for at least Texas and Denton County MHMR of Decent iolence with permanent two grants to apply for Supportive Housing ousing or permanent supportive provide permanent Program funds for permanent ousing. supportive housing supportive housing program with an emphasis on projects. chronic homeless lb) Provide local agencies with and persons with a information on grant opportunities severe mental for funds to support transitional illness and/ or HIV housing and supportive services. positive status. 2a) Participate in the Affordable Assist at least two Housing Coalition and the Denton community County Homeless Coalition. partnerships/ 2b) Provide funding to support programs collaborative efforts of HOPE, Inc, Denton County to provide Friends of the Family, and Denton additional Affordable Housing Corporation permanent housing who have a collaborative effort to opportunities to the move victims of domestic violence homeless and from emergency shelter to victims of domestic Transitional housing in preparation violence for stable, sustainable permanent housing. Page 21 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY LEAD-BASED PAINT STRATEGIES H-1.5 ducate homeowners, rent 30 households and 50-75 Six owners and 12 contractors or vailability/ roperty owners/managers contractors and property property managers will receive field ccessibility of and contractors regarding managers received field guides for Lead Paint Safety painting, ecent Housing disclosure, the history of guides for painting, home maintenance and renovation lead-based paint, its home maintenance and work instructions. Four owners, azards to children and ow to use safe work renovation work managers or contractors receive ractices when disturbing instructions. 20 owners, individual safe work practice video aint in older housing, managers or contractors training and lead-related regulation receive individual safe training. work practice video training for the five-year period H-1.6 educe Lead-Based Paint Average of 40 units will In properties built before 1978, two vailabilityl azards in owner and receive lead-based paint minor repairs, one rental rehabilitation, ccessibility of enter-occupied inspection, hazard three owner occupied rehabilitations ecent Housing esidential units as control reduction work and three homebuyer assistance eeded. or abatement, pass projects will be completed and receive inspections and, when lead-based paint reduction work, pass required, meet final inspections and meet final clearance in clearance over the five- compliance with 24 CFR 35 regarding year period. lead-based paint during 2007. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 eet the basic food needs 1) Support at least 5,000 1 a) Provide funds to support the vailabilityl of the homeless and low- emergency meals and Community Food Center who will ccessibility of income food bags a year provide emergency food bags to an Suitable Living estimated 10,250 people. nvironment )Support at least 350 a) Provide funds to support the eals and nutritional food Nutrition Center of AIDS Services ags/shops a year of North Texas to provide an estimated 60 persons with weekly nutritional shops. b) Provide funds to support SPAN who will provide an meals to 450 elderly. Page 22 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY SL-1.3 eet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County vailability/ eels of homeless and emergency shelter Friends of the Family Safe Shelter to ccessibility of low-income persons nights of stay a year assist 3,512 people. Suitable Living ) Support at least 100 2) Provide funds to HOPE, Inc to nvironment individuals/ families support a transitional housing provided with program for an estimated 19 transitional housing a persons. year 3 a) Provide 10 staff hours to support the 3) Provide at least 100 Denton County Homeless Count hours of staff time in conducted by the Denton County support of at least 3 Homeless Coalition (DCHC). projects for the 3b) Provide 60 staff hours to support the Denton County DCHC application for Continuum of Homeless Coalition a Care funds. year 3c) Provide 30 staff hours to support the Support 250 DCHC application for Emergency individual/ family Shelter Grant Program Funds. units of case 4) Provide support to HOPE, Inc 3 0-90 management and day program. other services to maintain housing including prevention of foreclosure and eviction a year SL-1.4 Oster and maintain an 1) Participate in at least 1 a) Participate in the Denton County vailabilityl environment where 3 coalitions and/or Homeless Coalition in the effort to ccessibility of families, neighborhoods, collaborative efforts prevent and end homelessness. Suitable Living and communities enjoy for community lb) Participate in the Success by Six nvironment strong, supportive initiatives to foster Children's Coalition in an effort to elationships and maintain an im rove the lives of children and p environment to their families. promote strong, 1 c) Participate in the Denton supportive Information Network in the effort to relationships network and increase collaboration Support at least 250 between health and human service individuals/ family agencies in the City of Denton. units of childcare, a) Provide funds to three daycares to after-school and support the provision of childcare to summer care, an estimated 415 families. parenting skills, and b) Continue to support after adult education school/summer care programs and assistance a year the provision of childcare. Page 23 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY (Continuation from 3) Support at least 200 3a) Provide support to Denton County revious strategy) units of domestic Friends of the Family for the violence and sexual provision of domestic violence and Oster and maintain an assault direct services sexual assault victim services environment where over a year including counseling. families, neighborhoods, Su ort at least 100 3b Provide su ort to Children's and communities enjoy ) Pp ) pP strong, supportive units of domestic Advocacy Center for Denton County elationships violence and sexual to provide sexual abuse/assault assault prevention services to children and non- educationand offending families members. training a year )Provide support to Denton County Friends of the Family for the provision of community education and offender classes to prevent domestic violence and sexual assault. SL-1.5 City residents have access 1) Support at least 75 1) Provide support the Family Health vailabilityl o health care to be as units of health care Care and Peoples Clinic for primary ccessibility of hysically and mentally services a year health care and pre-natal services to Suitable Living fit as possible a) Participate in at least at least 6,495 persons. nvironment 2 coalitions/ a) Participate in the 100% Geriatric collaborative efforts Services in Denton County to improve Workgroup in the effort to enrich availability of health and improve the lives of the elderly. care especially for b) Participate in the Denton County low- income persons, Federation of the Families effort to elderly, and people support and promote advocacy skills with disabilities in families with children with sever b) Support at least 25 emotional, behavioral, and mental units of mental health health needs. care services INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street paving and aving and repaving of applicable this year. Sustainability epaving, installation of rojects will support 700 of Suitable curb and gutter. eople. wing nvironment SL-3.2 nstallation of new Sidewalk projects will of applicable this year. Sustainability sidewalks and support 235 people. of Suitable eplacement sidewalks. wing nvironment SL-3.3 nstallation of water and ater and sewer projects of applicable this year. Sustainability sewer lines. Connection ill support 120 people. of Suitable of residential units to wing services. nvironment Page 24 Outcome/ 5-yr Consolidated 5- r Consolidated Plan 1- r Action Plan Objective Plan ~ Y Strate Outcome Measures Proposed Activities gY SL-3.4 nstallation of drainage 10-15 properties will be of applicable this year. Sustainability improvements including affected by drainage of Suitable improvements that will improvements. wing emove residential nvironment roperties from floodplain. SL-3.5 ehabilitation and mprovement to at least 2 rovide funding for projects at the Denton Sustainability expansion of public ublic service facilities. City County Day School, Children's of Suitable services facilities. dvocacy Center, Fairhaven Retirement wing ome and Fairoaks Retirement Apartments. nvironment SL-3.6 mprove and/or expand mprovements to least 2 of applicable this year. Sustainability ark facilities including ark facilities. of Suitable open space, playground wing and other recreational nvironment facilities. DEMOLITION STRATEGIES SL-3.7 Continue to demolish To demolish 25 structures Continued support for the Demolition Sustainability substandard buildings to during the five-year period. rogram with residual funds. of Suitable improvement the wing appearance and safety of nvironment eighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and rovide economic rovide non-federal incentives to Sustainability expand training and opportunity by supporting organizations to create jobs. Work with job of Economic employment activities activities that create jobs. raining organizations to promote training in Opportunity argeted to poverty and specific areas of need. ery low-income ouseholds. 0- l . l xpand educational rovide counseling and rovide funding to transitional housing vailability/ opportunities for those education services to 25-35 roviders. Request that information on ccessibility of seeking transitional ransitional housing clients. educational opportunities be provided to conomic ousing or other housing clients. Opportunity support services. 0-1.2 ncourage support of Over the five-year period onitor federally funded projects and work vailability/ Section 3 goals by local 5+ individuals hired for ith contractors to ensure that Section 3 ccessibility of contractors. rojects by private equirements are fulfilled. conomic contractors. Opportunity 0-2.1 ncourage start-up and rovide loan assistance to 25 of applicable this year. Additional funding ffordability of expansion of icro businesses over the for the Small Business Loan Program is not conomic icro/cottage industries five-year period. available. Opportunity supporting very low- income households. Page 25 2007 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts s , ~ 5-• ' ' ~ • .i i.. ' .tiff.. k i a . . • - r. i .V. ~ ~ f ak • M1 ' • ~f '}jr n:: t >x + • v ¢s ~ . s . k ; ~ ! I •h:: r { ~ ~ ' S ~ 9 _ ~ ! • : I •I . r.. ~ s, ~ v h • s 7 - .4 I F- W.'S . . ~ - ~ ' i$! ~ i , Y . ~ . . : - Minority .ti ' t y S' _k ~ ~ • Concentration ...w~.~,:~:= . I ••r ~ . ..:f.....' Census Tracts k bV ~ 0 - 25% .r .r • } w . k +41 % - 50% 100% • - • 4 Source: U.S. 2000 ~ ' Census :t<s.,. a + k x tw x :C :i t • ~ • ..i , •r•... _ ~ p.. ry~ 5 5v ~ '0 3. ~4 ~ 1 r. v ~ ~ F L~ f XXXXIX . : t f .V+• ; IA111A11111~ I: ~ - }i S 5- f... R....1. ~ ~ 1 Y. + v t>••'.r 2007 Projects and Activities 1. AIDS Services of North Texas 6. Family Health Care 2. Denton City County Day School 7. People's Clinic 3. Denton Christian Preschool 8. Salvation Army Denton Corp. 4. Fairhaven Retirement Home 9. Children's Advocacy Center -Lewisville 5. Fairoaks Retirement Apartments Community-Wide Activities CDBG and HOME Administration Minor Repair Program Denton Affordable Housing Corp. - AHOP HOPE, Inc. Home Improvement Program Services Program for Aging Needs, Inc Homebuyer Assistance Program Tenant-Based Rental Assistance Page 26 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM -FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5,10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5,10 or 15 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is setup as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. HOME PROGRAM -TENANT BASED RENTAL ASSISTANCE The City of Denton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. The following statistics about elderly or the need for rental assistance are stated in the 2005 Consolidated Plan for Housing and Community Development: 1. 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. 2. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 3. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 4. 54.8% of elderly renter households report housing problems. 5. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and Page 27 very low-income elderly. Support services, designed to allow the elderly to remain independent, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regu atlons. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision ofassistance. Ayear-end report that details expenditures, revenue, beneficiary information and maj or accomplishments is also required from all City programs and projects. Page 2 8 PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. If funding is available, staff will participate in the North Texas Housing Coalition that includes larger metroplex communities such as Dallas and Fort Worth. Form coalitions and collaborative relationships with NTHC members and other area communities where appropriate. 2. Need for more effective coordination between emergency assistance agencies. Assist with the development of the Homeless Management Information System including administration of the second year of athree-year Supportive Housing Program grant received from US Department of Housing and Urban Development (HUD). 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Community Development housing staff will provide one-on-one training for local contractors to assist them in becoming familiar with safe lead procedures. Staff will also inform interested contractors if training on lead hazard control and safe work practices is available in the area. Expend additional Lead Hazard Control Grant funds recently awarded in a partnership with the City of Ft. Worth. Use area contractors for work funded through this grant if possible. Page 29 4. Lack of shelter facilities for families and youth. Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness. Some additional emergency shelter facilities or alternative housing programs should be available in Denton County within the ten-year plan period. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Participate in an interdisciplinary initiative by the University of North Texas to create a countywide information and referral network for community housing, health, and human services. The City would participate if UNT leads this effort. 6. Lack ofcoordination ofhomebuyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and universities to create a unified vision for homeownership/homeowner workshops that will provide beneficial information so that homeowners and homebuyer will be successful homeowners in the near future. Page 3 0 LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(4) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph l; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying To the best of the jurisdiction's knowledge and belief: Page 31 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority ofJurisdiction The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 13 5. SignaturelAuthorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 CitylStatelZip (940) 349-8307 Telephone Number Page 32 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by H[TD. Use of Funds It has complied with the following criteria: Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during pro~ramyear(s) 2007, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 3 3 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Act (42 USC 3 601-3 619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws It will comply with applicable laws. Signature/Authorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 CitylStatelZip (940) 349-8307 Telephone Number Page 34 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance --before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 CitylStatelZip (940) 349-8307 Telephone Number Page 3 5 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zip Community Development 101 S. Locust, Denton Denton TX 76201 Division Suite 500 Page 3 6 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3.Anti-displacement and Relocation Plan SignaturelAuthorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 CitylStatelZip (349) 349-8307 Telephone Number Page 3 7 Spanish Public Hearing Notes December 5, 2005 Martin Luther King Jr. Recreation Center No attendees were present at the public hearing on December 5, 2006. Public Hearing Notes December 7, 2006 MLK Recreation Center Attendees: Annie Mae Hare Lillie Moturi Committee Members: Sandra Benavides Lisa Melby City Staff: Cindy Mayo - PARD Barbara Ross -Community Development Barbara Ross reviewed the past year's activities. She provided information regarding what activities could be carried out with Community Development Block Grant (CDBG) and Home Investment Partnerships Program funding. Ms. Hare and Ms. Moturi voiced some concerns about traffic in the area and the need to ensure that intersections, such as those on Dallas Drive and Bell Avenue, are safe. The Duncan/Shady Oaks and Hill/Morse St. intersections were also noted as dangerous and in need of some additional traffic control measures to make them safer. Ms. Hare indicated that funds were not used for projects in the Southeast Denton area. Ms. Ross responded with a list of the parks, streets and drainage projects that had been completed in the area. It was noted that the MLK kitchen would soon be renovated through the use of CDBG funds. Ms. Moturi and Ms. Hare commented on the cost of renting out the MLK Center for activities. They felt the rental amount of $75 was too high. Ms. Mayo indicated that this was the rental rate at all of the recreation centers. Ms. Ross continued to ask if there were any specific projects that needed to be included in the 2007-08 program of activities. No specific projects were requested. Ms. Ross urged those in attendance to ask other residents about neighborhood issues/needs. She said that Community Development would be taking comments and suggestions for the next several weeks. Residents could call, mail or email comments to the Community Development Division office. The public hearing was adjourned. Page 3 8 Action Plan Public Hearing Minutes April 17, 2007 City Council Meeting The following public comments were received at the April 17th public hearing: David Sanders - 700 Hercules, Denton Texas: As the Senior Services Director at Services Programs for Aging Needs (SPAN), Mr. Sanders stated that the Denton area was experiencing significant growth in the senior population. He indicated that these seniors would need services. He stated that he appreciated the City's consideration for funding of these services. Mr. Sanders noted that SPAN requested $25,000 and the Human Services Advisory Committee was recommending that they receive $17,000 in 2007-08 funding. No additional comments were received at the April 17th public hearing. MINUTES FROM 30-DAY COMMENT PERIOD April 2, 2007 through May 1, 2007 The following comments were received during the 3 0-day comment period on the 2007 Action Plan for Housing and Community Development: No comments have been received to date. Page 3 9 ~ ~ O O N ~ ~ 4) ~ O N N M ~ ~ ~ ~ a~ a~ ~ ~ ~ ~ ~ ~ ~ ~a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ O ~ ~ O N ~ O O . r., ~ ~ ~ O ~ ~ O ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ U ~ ~ ~ H ~ ~ O O ~ • ~ ~ ~ ~ O ~ ~ ~ ~ U ~ ~ ~ ~ ~ W ~ o ~ ~ o ~ a~ V ~ 0 O ~ ~ ~ ~ ~ O ~ O Q Q ~U~U x Q~Q~UE-~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ i 4~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ V ~ ~ ~ ~ ~ •0 ~ V ~ ~ v~ U A~+ ~ M ~ U O N O Q ~ U ~ p ~ ~ ~ ~ A oo,~~~ C7~ t7p~ C7 ~,~Ooo a~~~~~a~ Q~ Qx QO-~~o w ~ Q 4~ ~ N O ~ GQ c ~ + ~n u 4~ P., v ~ 4-~ ~ v ~ ~ ~ ~ ~ ~ O ~ ~ a~ ~ a~ ~ ~ a~ o ~ o a~ ~ a~ o ~ ~ ~ ~ ~ ~ ~ ~ o ~ o a~ ~ ~ ~ o A ~ o ~ ~ ~ A ~ ~ ~ ~ o ~ O ~ N c~ ~ U ~ ~ ~ ~ ~ Lbw ~ ~ N ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ bQ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~o ~ ~ ~ ~ ~~o ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ O ~O ~ N U ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ • ~ O ~ O ~ N ~ !gyp ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ N ~ • ~ ~ ~ U ~ ~ Q~~~~ .o Q~~~~~~.~~ Q~~~ ~ ~ N A o~o.~•~~~ o~oo~~~•~.~ o~o.o ~h ago ~ .,~o~,•,~oUU~,b~Q .~oa~•-~ V U p..,Q~,~•~ p.., UUQQUv~ ° ~ o UUQQ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ cH a ~ ~ A ooa~~~ ~.~Oa~U ~~oa~~~~~U~c~ ~ ~ xx~~~ ~a~~a~~a~Q H~~~~~~~~~~ a o I~■~'~I ~ ~ O b1J U ~ ~ O O N cd ~ U ~ ~ a~ ~ ~ W ' ~ v ~ ~ ~ 00 ~ ' ~ ~ x ~ v~ ~ • ~ ~ U b1J ~ ~ a~ ~W ~o ~ Woo a ~ i ~ Q~.~o Q~~~~p~pa~ Q~~o'~~a~oo Ufa ~ U~ c~~WQ•, o U~sr~~wpa~lxU ~W ~ ~ ~ a~ F~ ~ ~ O ~ U ~ ~ 0 ~ ~ o ~ ~ ~ ~ are o ~ ~ ~ ~ ~ p ~ ~ ~ ° ~ O N p ~ b!J O ~ ~ ' ~ . ~ ~ ~ N ~ ~ N N ~ v' N ~ 4~ U ~ M ~ ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O U ~ ~ N A W ~ ~ ~ ~ A ~ ~ A W~.~ ~ ~Q ~ ~ i Q N ~ c~ ~ ~ ° ~ ~ 4-~ lei O c0 ~ v ~ ° ~ ~ 4~ ~ ~ a~ ~ ~ ~ O ~ ~~o ~ 0 ~ ~ U U ~ v ~ ~ ~ • r-+ by ~ ~ ~ ~ c~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ 4~ a~ ~ ~ ~ ~ ~ ~ ~ ~ A ° rn N N ~ ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4-~ ~ ° O ~ ~ O ~i C~ ~ N b!J b!J ~ by ~ ~ W a~ ~ ~ ,o ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ U ~ O ~ ~ ~ A ~ x U ~ ~ ~ ~ ~J ~ ~ W W ~ a~ hI ~ ~y ~ ~ W 0~ Ox~o~~ ~~n ~ ~Q~~oo~ •~~~00~ ~ ~ ~ Q ~ ~ Q~, w~~ ~x~ W ~ ~ ~ ~ U O ~ U ~ ~ ~ ~ ~ o x ~ ~ ~ v~ Q ~ ~ ~ ~ O ~ ~ ' m ~ ~ bJJ O ~ O ?C A a a~Ua~U ~U ~ A a v1 W A U ~UQ~ 4~ ~ ~ 4~ ~ ~ ~ ~ ~ ~ ~ O N O N r1 O N c~ ~ bQ ~ ~ ~ ~ ~ ~ N O ~ ~ ~ O ~ U ~ ~ ~ ~ ° ~ ~ ~ p ~ ~ ~ p ~ ~L~i ~ S' bQ ~ ~ ~ bUp ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ N ~ U N O ~ x ~ ~ V ~ ~ ~ p ~ ~ ~ p AW~~~ AWo~~ Av1~ ~ ~ U ~ ~ a~ ~ ~ ~ a~ ~ ~ a~ ~ ~ U ~ U O ~ U.~ O ~ ~ Q ~ N~ M ,s' ~ ~ ~ ~ m ~ ~ ~ N ~ ~ ~ 4~ ~ ~ ~ ~ U ~ ~ ' ~ p cUj N N ~ ~ O ~ O ~ ~ ~ T, O ~ ~ S' b!l ~ O ~ ~ ~ N V ~ O rUn ~ N c~ v~ ~ U ~ H 0 O v~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ U U ~ O ~ ~ N c~ ~ U ~ ~ ~ N ~ ~ ~ p N U1 U ,S~ V1 rUn . ~ N ~ ~ p U1 c~ U U U1 Q x U ~ O ~ N ~ N M ~ ~ ~ r h t~ ~ ~ O v O ~ U O U~ U ~ U ~ O U ~ ~ ~ ~ ~ ~ ~ O ~ O ~ ~ N O ~ b1J ~ N bQ N ~ N 4~ y U ~ U ~ ~ a~ ~ ~ a~ U ~ a~ ~ ~ a~ ~ ~ oooapo~~ ~ ooapO~aapOp ~ ~ W ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ b~ ~ p ~ o ~ U ~ ~ ~ w ~A ~ ~ Q a 0 ~ a~ ~ y ~ o ~ y ~ G~ U O N U ~ ~ ~ ~ o ~ O U ~ U.~ a U-~ ~a O U ~pa•~ ~UP~'Wr~W~a°~ Wzi~wW~~Uw ~ ~ ~ a ~ ~ ~ ~ ~ oo ~ ~~o ~ o~oo ~ a~~ ~ ~ p ~ ~ x ~ ~ o ~ ~ ~ ~ a~~~ ~ o ~ 4~ O N U O ~ ~ ~ ~ ~ ~ U ~ O ~ ~ ~ w ~ ~ v P~ ~ ~ ~ O ~ ~ ~ ~ O ~ ~ U Q ~ ~ ~ ~ ~ ~ ~ G ~ N v ~ V ~ ~ ~ ~ ~ a~ t~ N ~ Q c~ O r/~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ O ~ ~ ~ U ~i U U1 rj a~ ~ ~ ~ ap U U ~ ~ ~ ~ ~ x ~ ~ ~ a ~ ~ ~ ~ O ~ N ~ N ~ ~ ~ ~ ~ ~ 0 ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ ~ a~ ~ ~ ~ ~ O a~ U ~ ~ U O ~ ~ N O N N ~ ~ ~ ~p ~ ~ ~ N ~ ~ ~ ~ ~ ~ O O N O ~ ~ ~ ~ ~ ~ ~ O ~ O O ~ U N ~ ~ O U i-, ~ ~ 4-~ _ _ _ ~ N ~ ~ ~ N M ~ U ~ ~ ~ ~ ~ U Z ~ ~ ~ O ~ ~ Z ~ N 0 ~ ~ ~ ~ ~ ~ N ~ ~ U N O ~ ~ ~ ~ N O ~ ~ U U O~ N O~ p p U 0 0~~ O O O ww~~~~~Qx~ wH~~~~~~x~ ~ ~ V~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ 0 a~ b~ ~ ~ ~ ~ ~ ~ ~I ~ A 4~ ~ , 0 • ~ a O ~ U U 4~ ~ ^ ~ ~ ~ ° ~ ~ ~ 'u o an ~ ~ ~ ~ ~ ~ ~a~ ~ ~ ~ ~a~ ~ ~w~aw~a~w ,~Uwr~w~xa~w ~ ~ ~ O ...r rl o ~ o ~ ~ 4~ A U b~Jl ~ ~ ~ Q ~ ~ ~ ~ O N ~ N O ~ c}.r ~ p ~ ~ ~ p ~ O ~ N ~ ~ r--a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ c~ ~ ~ ~ ~ ~ ~ v ~ ~ v ~ ~ V ~ V ~ ~ ~ ~ ~ U O N ~ U~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M N ~ O ~ O O ~ ~ N ~ ~ ~ ~ ~ ~ A a~a~°~~.~° A ~'o~'oo~~~o r'~n ~ Q.; O ~ ~ ran ~ ~ ~ ~ ~ ~ o ~ ~ N ~ ~ V ~ •U ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ 4~ ~ ~ ~ O U ~ ~ ~ p O ~ U ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ 'd ~ ~ O ~ ~ O ~ O ~ V ~ N ~ U O N O ~ ~ ~ ~ ~ ~ ~ ~ . ~ ....a U ~ ~ bap ~ ~ ~ ~ p ~ ~ ~ ~ ~ O ~ _ ~ O ~ U 1 O ^ 4~ ~ ~ b1~ ~ v ~ ~ ~ O ~ ~ Z ~ ~ ICI ~ ~ v p O O b!J N~ O~~ O O O ~ ~ ~r~~ ~~~Q~ ~U~U ~ ~ W o ~ ~ c~ ~ ~ ~ Qr b~ ~ `0 r ~ p ~ v~ ~ ~ ~ a~ a~ G U ~ w ~A a ~ ~ ~ ~ C ~ ~ Boa ' ~ ~ ~ ~ v o ~ ~ ~ ~ ~ ^ ~ o Qxaw 0 ~ .0 ~ a~ ~ C ~ ~ ~ ~ ~ ~ ~ x • O~ O~ 0 0 y ~ ~ ~ ~ ~ O ~ ~ ~ ~ P~ ~ ~ ~ c~ ~ ~ ~ ~ ~ V ~ Q ~ ~ N O ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ O ~ ~ ~ ~ M ~ o ~ ~ ~ M a~~~~~ ~ A ° ~ o a~~o~ ^ ~ ~ ~ ^ V1 ~ ~ ^ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ U ~ O ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ O ~ N ~ ~ 4~ ~r G~ ~ ~N ~N U ~ ~ ~ ¢'o a'N~ ~ ~ O~ ~ ~ ~ ~ ~ ~ ~ ~ ~ G~ ~ U v~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ U ~ ~ N ~ U ~ v, ~ ~ ~ ~ ~ ~ O p ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ N ~ ~ N U a~ a~ i„ . ^ ~ ~ ~ W U ~Q~~~.~.~ u~ UUQQ~~UQ~ o N ~ ~ o ~ ~ ~ ^ ~ ~ ~ ~ ~ ~ N ~ ~ v~ ~ ~ ~ a~ O ~ ~ ~ ~ O ~ b!J ~i ~ O ~ ~ •U U N ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ a ~ ~ x ~ a o ~ ~ ~ A ~ ~ Q Q W ~ ~ U ~ U ~ ~ ~ A ~ ~ ~a ~ ~ ~ Oa ~ ~ ~ ~ ~ ~ ~ a~ ~ MCI ~ ~ ~ ~ ~ ~ 'v ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O ~ ~ ~ ~ rn ~ O O ~ O ran ~ ~ ~ ~ v p ~ v ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O ~ ~ ~ O N rn a~ ~ ' c~ ~ ~ ~~~~o~~o~~~ y ~N~~ a~ ~ ~ W ~ AW~,oU'~~~~~-~~ A ~ac~~~ ~ ~ ~ O ~ c~ ~ • ~ ~ ~ O ~ ~ ~ O bQ • ~ ~ ~ ~ 040 ~ ~ ~ ~ N ~ ~ N ~ ~ ~ ~ ~ p O ~ ~ ~ N ~ ~ ~ ~ l~j ~ ~ o o ~ ° ~ ~o ~ ~ ~ N ~ ~ ~ ~ N ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ bU ~ N O ~ ~ ' ' ~ ~ ~ ' ~ ~ O n ~ O 0 0 0 O O~~~ x p~ N~ 4~ _ A ~ O ~ S O N ~ 0 0 0~ cH ~ ~ v ~ ~ ~ ~ ~ W ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~A a W o ~ ~ a~ y w ~ ~ ~w ~ ~ ~ H~Q~UQ ~ ~ ~ ~ ~ ~ U Q ~ ~ ~ W ~UP~~QU W W~ a W a v1 w~ Q U w ~ ~ ~ O v, N N O ~ O ~ ~ N ~ ~ ran ~ ~ ~ ~ vii ~ O p ~ ~ N ~ ~ ~ p ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ O ~ ~ ~a~P~~~'~~+ ~a~~~W~~~~~U~~~~ H ~ ~ ^ ^ ^ ~ ^ ^ ~ ~ N M V N V ~ ~ ~ ~ ~ N ~ a~ ~ ~ N ~ ~ ~ M ~ ~ O a a N ~ ~ ~ ~ bQ N c~ ~ ~ ~ ~ ~ ~ ~ N O ~ U~ U N ~ ~ U ~ ~ ~ ~ ~ U ~ U N ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ U ~ ~ o ~ O ; ~ ~ ~ ~y ~ ~ U ~ U ~ ~ . ~ ~ O rr 4-~ ~ ~ 4-~ ~ . r, U 4-a ~ ~ N N ~ O ~ ~ •0 ~ ~ ~ ~ ~ O ~ N U O O ~ O 4~ ~ U ~ ~ U O ~ U ~ U ~ U , ~ ~ U1 ~ ~ O ~ O ~ N O ~ ~ O ~ O N ~ ,s' O ~ U ~ • ~ O ~ b!J ~ ~ •U ~ N ~ O ~ ~ ~ O rn O ~ ~ ~ ~ J O •U ~ •U O U O O ~ ~ ~ U 4~ v~ ~ U ~ ~ ~ c~ ~ m ~ O ~ ~ ~ N ~ c~ ~ N ~ ~ ~ ~ N M ~ ~ U ~ ~ N c~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ b1~ ~ U Z ~ ~ N O N O ~ p ~ ~ WU~Z~wQ~w~~~oo Z~°~~~ ~ V ~ 0 ~ ~ • ~ a~ W ~ a~ ~ ~ ~ ~ ~ ~ ~ , ~ 01 M~■■~I b~ ~ ~ ~ ~ y ~ U U ~ w ~ A a W ~ ~ ~ o a~ ~ ~ ~ ~ ~ ~ ~ O v~ ~ ~ ~ ~~~U~~~a~i o ~ ~ ~ ~ ~ ~ a~Q ~ ~ Q ~ ~ c ~ c ~ ~ p ~ ~ ~ ~ •~~~~~~o~ ~ a~ ~a~~U~w~ W W ~ ~ ~ ~ ~ ~ ~ ~ ~ h~l O ~ ~ ~ O ~ O O U ~ ~ ~ ~ ~ G m U ~ ~ ~ U ~ ~ U to . ~ U ~ 4 ~ c ~ c ~ ~ ~ v~ ~ • , ~ Q rn 4 ~ ~ ~ ~ v ~ N c+~ v N ~ ~ ~ ~ ~ ~ ~ ~ b!J ~ ~ ~ ~ ~ ~ ~ 4~ ~ ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ a~ ~ ~ N ~ ~ N N ~ ~ O c~ ~ U ~ ~ ~ i a w ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ O O O 4~ ~ 4-~ . U O N ,s' ~ 4~ 4-~ 4-a O N O 4~ V~ ~ O N ~ O N ~ O N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O U ~ ~ ~ ~ O ~ ~ ~ ~ ~ U ~ ~ S~ 4~ ~ 4~ O ~ 4~ M ~ 4~ N ~ 4~ a~ ~ ~ ~ ~ ~ ~ 4~ Q a~ ~ ~ ~ ~ ~ ~ '~y boo goo goo ~o~ ~~U ~o.~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ U O ~ O ~ ~ O ~ ~ O ~ ~ O O ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O~ U O~ U O~ U O~~ O U'-' O U O~~ y, ~ a ~ a ~ ~ a a ~ ~ a ~ ~ ~ ~ N ~ ~ a ~ n ~ ~ ~ W ~ ~ M■■I ~ o ~ a Q H ~ ~ 4~ Q U Q U Q U Q U Q~ Q Q ~ r~l A ~ Q ~ Q ~ Q ~ Q ~ ~ ~ ~ V 4~ ~ U~~ U~~ U~~ U~~ U~~ U~ U~~ s~ o a~ o a~ o a~ o a~ 0 0 0~ '~1 ~ ~ ~Q ~ ~ ~lQ 1~1 ~ aQ ✓l ~ ~Q ~ ~ ~ ~ ~ ~ ~ W UQW UQW UQW UQW UQ UQQ UQG~ V ~ o 0 0 0 0 w ~ o 0 0 0 o W ~ ~ ~ ~ ~ ~ ~ ~ O 0 ~ ~ ~ ~ ~ ~ O ~ ~ ~ V1 v~ r•' ~ N o 0 0 0 O o W W W W w W U a ~ ~ A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~4 ~ V r~ O ~ O r~ ~ ~ c~ ~ p r~ ~ ~ o U~~ o U~~ o U o U~ c~ o U c ~ o a~ ~ o ~ ~ ~ ~ ~ ~ G~~ ~G~.,~ ~~G W Q~~WQ~~WQ WQ•~ WQ~ WQ WQ U ~ U~U ~U~U ~U ~oU ~ ~U~ ~U ~nU tC ~ tC ~ ~ N ~ CC O ~ ~ tC O tC ~ N r..► W ,..r ~ 1..1 1..1 a; • rl , rl ~ rl 1~1 1~1 ~ ~ 4--~ ;,y 4~ ~ ~ ~ ~ ~ ~ U N ~ ~ U ~ ~ ~ ~ ~ ~ ~ N ~ ~ O ~ ~ ~ ~ ~ M U ~ M M ~ ~ M O N1 ~ M M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ i ~ O ~ ~ U ~ ~ U ~ ~ ^ ~ ~ V N ~ ~ U ~ ~ ~ O c~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ O ~ ~ ~ O bI~ O O ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ O Ty O O O ~ v ~ N ~ ~ ~ N ~ rte.., ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ v~ ~ ~ ~ ~ ~ v~ ~ ~ parr.°s~.~v~ a~,~~ p..,~.°0.~~., a~.~N~, ~ ~ ~ r ~ O ~ ~ U~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ U ~ ~ O O ~ C~ ~ O ~ ~"~ZWUC/1 ¢~~a xQUV1Q{,U U U QQ~U ~ ~ 0 ~ ~ . ~ G ~ ~ p N a~ a~ ~ ~ ~ ~ N ~ ~ ~ O O ~ ~ ~ ~ ^ • N U ~ V ~ N ~ O ~ ~ W ~ ~ Z ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ^ ~ ~ ~ ~ O ~ ~ ~ O ~ ~ ~ 4~ N ~ ~ ~ ~ O ~ b~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ O N w ~ U i-r ~ U O ~ ~ o ~ ~ ~ ~ ~ O ~ N O ~ ~ ~ ~ ~ ~ v~ ~ ~ ^ ~~~°~o O~~vi~~ 0~~~ ~,o~~ ~ a fir" O ~ ~ ~ O W ~ ~ O ~ U ~ U U ~ ~ ~ N ~ ~ ~ o ~ o ~ ~ by U ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ O O bA ~ U ~ M O ~ ~ ~ ~ N ri ~ ~ O ri ~ ~ N ~ ~ p O ~ cna~a~~~~ Wo~~~ WV~~ Wa~~~.~~ N by ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~~o~~~ ~0~0O 0,1 ~ ~ ~ ~ 'r' by ~ ' ~ ~ ~ ~ ~ • ~ y ~ ~,~o ~ ~ ~ ~O ~ ~ ~ ~ U~~~~ U~~'~~~ ~ ~ ~ ~ ~ O ~ O o ~ a ~ ~o ~o O U O U ~ o ~ ~ ~ ~ o ~ ~ ~ i i i ~ ~ ~ A U U U O ~ a~ x ~ ~ a~ o ~ o o ' V ~ ~ ~ 4~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ Q ~ Q Q ~ ~ ~ 4~ ~ ~ ~ N A U ~ U UQ~~U~x~ a 0 ~ a~ ~ ~ o ~ ~ ~ ~ ~ Q ~v 0 ~ Q~U~~~ ~ U ~ ~ _ ~w CAW o~~~a~ W~~ 0 ~ QO .,~~,a~oo~ 0 ~ Ux Ua~Q~U~ x~~ ~ ~ 4~ A ~ . ~ 4-a ~ ~ O ~ ~ ~ O ~ ~ O ~ ~ ~ ~ 4~ ~ ~ ~ ~ ~ ~ X40 0~' ~O U O ~ O 4~ c~ ~ ~ ~ ~ ~ U ~ G ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ x ~~~o x x~~~~~~ ~ o A '~o~~ A ova A~o~'~~~ W U ~ U ~ ~ U1 ~ o c~ c~ AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The celebration is sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on Friday, June 15, 2007, beginning at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 16th beginning at 11:00 a.m. and concluding at 12:00 p.m. The request is for an exception to the hours of operation and an increase in sound decibels to 75 dbls. BACKGROUND Willie Hudspeth, chairperson of the Juneteenth Celebration, has submitted a request to allow the use of amplified sound for a live musical performance after 10:00 p.m. and an increase in decibels from 70 dbls to 75 dbls. This event commemorates the day, June 19, 1865, when General Gordon Granger informed the slaves of Texas that the Emancipation had been signed to make all slaves free. The event will feature live bands, choirs and entertainment, and abar-b-que cook-off. PRIOR ACTION/REVIEW None FISCAL INFORMATION None EXHIBITS 1. Letter of Request RESPECTFULLY SUBMITTED: Emerson Vorel, Interim Director Parks and Recreation Department Prepared by: t Community Events Coordinator Exhibit 1 r•. 1 r 1 r 1 tiA ~ 1 • ti 1 . • .J 1W • • r r 'ti '•r f r ~Y~'rt:'• '#'.ti: .ti k r { r •ti• :h.r.':.W:. .1 ~ •1 rf~{.f ti. •r 1 ti •~I 1 •k Xti hn fJ4: h r 1 ~1 r . ~.k r . 5 r ~ 1 ~ .5 T.~ * ti ti } rr r. i ~ ti 1. :1 . r .1 }•xti¢ v Lhf~~• ~ •ti ~k 1_'ti Yl~~ti'~ 'r 41'} r'I'} 1 ~tiry h •y. S r• 5 _ u• r ,1. k k• 1 ti r4 ti~.. ~ ~1: .I r Iti 1LY r.i}' •~7 x +latititi h .k tiJ r t .ti .V •h S •1 .ti .ti • h ~ ~f• .r ti ti } r - r~.Y1. }n ~ ti Y.. ~h tir 1 1• 1'.' Ir '1{ 5(r Ir•• y ti s 1 1 ti I 5 :~1, ~ J4 ti 5. ti ~V... 51:1 r!R ti .Y ~ ti Y 1.' ~ y { J 1 fg 1' • } .f r ti } :fr.ti. r 1 J{ rr ti ~•x••r ' V. ¢•Vti •h. r • r ti... ,ti r• ~ ~ ~ r r• 1 •f• 1 • • f • •I ~5 r• ~ L 'r ~4l Z fh pf' r J.r 1. V •5 ~ } •1 ~ 1 1 ~ ~ ~ ti ' .1: -J ..x h• x '4{ • ti:• Y 1 r • r'r .5 f r V l rh 1 ~ 4 ~ # 7. .ti . X15: ~ ti '1 r.}I}I S k 1~.. h f _ '{ti l ~ ~ r. IY' r t L•r ~ n~ r L Y } •11' { • • ;S • ~ If. h r7 r r. .ti{{r ~ it •5. r 1 r:ti iti 5 r~~ ~ r ~ k.. 1. ti~ ~ ti Y :r~ f L r• .vr~ {~:+K ~ ~ fk 1 'r s I ti • 1 1 • ti •Vi } •r S sl. l.L r •~ti 1 . 'r Y tix :r' ti ti L5' ti • ~ 1 I ~ •'r 1 L ~ ti ~t i.}rti 1~~•1 { :~ti {~7'• .r5's'. •.rY. s. :'~~'rhti i{.•.1. ti ti x~ •:-r~~t•••Y•r~ ti~ f~.x~~s:~a ~S5'.5'~=r• k1~ti~•f}  -:A - Inp..; 1.11) ell.XR- 5:17 IPL-~k-5V ~ 4WAZI AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, amending the provisions of Chapter 4 relating to alarm systems by amending section 4-29 to remove the exception waiving the permit fee for residential alarm permits for residents over the age of 65; by amending section 4-62 to reduce the number of false burglar alarms allowed before a penalty may be assessed from five to three prior false burglar alarms; providing for a severability clause; providing a repealer clause; providing a saving clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND Police Officers respond to about 5,000 alarms a year in the city. One or two officers respond to the scene, search the area for evidence of forced entry or other crimes, and take appropriate action based on their findings, including notifying the owner or representative if appropriate. If the building is secure and no reason for the alarm is found, Communications is notified. On August 2, 1988, the City Council passed Ordinance 1988-130, which created regulations for the use and operation of alarm systems within the city. The ordinance required the issuance of a permit and set fees for false alarms. While the ordinance required a permit to operate an alarm system, it required no alarm permit fee. On November 5, 1991, Chapter 4 of the Alarm Ordinance was amended to require apartment complex owners to be responsible for apartment unit violations and to increase the allowable number of false alarms in one calendar year from three to five. Our research could not find the reason why this change was made. The permit holder was billed $50 for each false alarm after the fifth alarm. Robbery/Panic false alarms were billed $75 for the first false alarm, $100 for the second false alarm and $200 for each additional false alarm in a calendar year. The fees approved by this ordinance are still in effect today. In July 2004, the City Council was asked to amend Chapter 4 of the alarm ordinance to establish an annual time period for alarm permits and to establish the collection of an annual alarm permit fee. Ordinance 2004-214 approved these changes. A companion Agenda Information Sheet May 15, 2007 Page 2 ordinance, 2004-213, established the annual permit fee at $20. Information provided with this ordinance request indicated that the Police Department responded to over 5,000 alarm calls in 2003. Very often the contact information from the original application was outdated or incorrect. This required the officers to spend more time at these locations while attempts were made to contact owners or representatives. The Department believed that an annual renewal of the alarm permit would provide better owner information on each location. A $20 annual fee would assist in some cost recovery for police response and administrative expense. This practice of alarm fees is common throughout the Metroplex, and the $20 fee is actually less than most cities current fees. Analysis shows that the bulk of the Department's cost to respond to alarms is rooted in false alarm calls. False alarms are those that were caused by operator error or some other technical problem with the alarm system. For the years between 2002 and 2006, 80% of the alarms called into the Denton PD were deemed false. This runs contrary to the fact that, of the revenue generated in FY 2004-05, permit fees alone generated 62% of the income and false alarm fees only generated 38% of the income. The Department estimates that the annual administrative cost to coordinate alarm permit activities is approximately $10,000 - $15,000 per year. As illustrated below, the revenue generated from permit and alarm fees does not align with the cost for services. Permit fees generate more revenue than actual expenses while alarm fees do not fully recover expenses. 2004 Permit Fees (Revenue to Expense) Permit Fees (Revenue) $33,830 Estimated Average Administrative Costs $10,000 Total over collected on Permit Fees $23,830 False Alarm Fees (Revenue to Expense) Three year average (2002-2005) False Alarm Fees $26,233 False Alarm Costs $37,727 Under collected on False Alarm Fees -$11,494 On February 6, staff presented this information to City Council and recommended lowering the permit fee from $20 annually to $5 annually, lowering the allowable number of false alarms from five to three before applying a fine, and removal of the current exemption for homeowners over 65 years of age. These changes were presented to align Agenda Information Sheet May 15, 2007 Page 3 the fees with the actual cost of providing services. City Council recommended that an ordinance to implement these changes be drafted for consideration. During the February 6 discussion, staff was asked to look at the provision of the ordinance regarding the penalty amount for not complying with the ordinance. The fine provisions for city ordinances which involve on-going conditions are generally written as follows: Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. The fine amount is established by the judge and is not to exceed $500 per day. It is not necessarily a $500 fine. These offenses include offenses such as high grass and weeds, trash and debris and operating an alarm with no permit or with a revoked permit. Unlike typical criminal offenses like speeding or assault which occur at a specific time and place, these offenses, although occurring at a certain place, are ongoing and do not necessarily occur at a specific time. The purpose for the language "per day" is to protect someone from being filed on multiple times on a given day. For example, if a citizen was operating an alarm system with a revoked permit in violation of the ordinance, an officer could not issue a citation at 10:00am on May 30, 2007 and then go back 2 hours later at 12:00 pm and issue a second violation just because the permit was still revoked. For consistency, staff is not recommending a change to this provision of the ordinance. Passing the attached ordinance will reduce the number of false alarms allowed from five to three, and would also eliminate the current exemption for homeowners over 65 years of age. The new ordinance would take effect October 1, 2007. A companion agenda item will address lowering the alarm permit fee from $20 per year to $5. This will help shift the cost of alarm response from all permit holders to those who have false alarms. RECOMMENDATION Staff recommends passing the new ordinance. PRIOR ACTION/REVIEW • August 2,1988, City Council passed Ordinance 1988-130 creating regulations for the use and operation of alarm systems within the city. ~ November 5, 1991, City Council amended Chapter 4 of the Alarm Ordinance, increasing the allowable number of false alarms in one calendar year from three to five. Agenda Information Sheet May 15, 2007 Page 4 ~ July 27, 2004, City Council amended Chapter 4 of the Alarm Ordinance establishing an annual time period for alarm permits and establishing the collection of an annual a arm permit ee. • February 6, 2007, the above information was presented to Council and staff was directed to complete the attached ordinance for consideration at this time. FISCAL IMPACT While the staff recommendation is more equitable, we cannot state the exact impact of the proposed change. It will depend on a number of factors including the number of permits issued, number of false alarms, the rate of compliance, the (hoped for) citizen's response of upgrading alarm systems to reduce false alarms, etc. Staff will conduct ongoing analysis of the situation and bring any needed changes to the attention of the Clty COU11C11. Respectfully submitted, f ~ . , x Scott Langford Interim Chief of Police Prepared by: ~ Capt. Paul Abbott Support Services r s:lo~ docum~tslord~nancesl~'TIa,Iarm ~ermit.~~c ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEAS AMEND lNO THE PROVISIONS OF CHAPTER 4 RELATING TO ALARM SYSTEMS BY AMEND INO SECTION 4- TO REMOVE THE EXCEPTION AIVIN THE PERMIT FEE FOR RESIDENTIAL ALARM PERM'S FOR RESIDENTS OVER THE ASE OF ~ • BY AMEN TT DING SEC i i~1V 4 T~ REDUCE THE NUMBER O~ FALSE ~UR~LA1~ ALARMS ALLOYED BEFORE A. PENALTY MAY BE ASSESSED FROM FIVE TO THREE PRIOR FALSE BURGLAR ALARMS; PROVIDING FOR A SEVERABILITY CLAUSE PRONTO ~ REPEALER CLAUSE; PROVIDING A SAVING S CLAUSE; PROVIDING FORA P ENALTY NOT TO EMCEED $5~4 FOR VIOLATIONS OF THIS ORDINANCE• AND P ROVIDO FOR AN EFFECTS DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 4 of the Code of Ordinances of the Ci "Al " ~ ~ Systems ~ be and the same is hereby amended an~.endin Section 4-2.9 "Is ' uance or Denial to remove the last sentence of Section 4-~9 which provided an exe Lion to a reside . . ~ ritlal alarm permit fee fur residents who axe over the age of ~5. Section 4-~9 shad read as foiiou~ • s. dec. 4-~9. I~~uance yr de~niaY. Upon receipt of a completed annual application form and the annual ermi . p t fee, the City of Denton shall issue an aiartn pern~.tt to an a licant unless the a lican ~p pp t. ~ I } Has failed to pay a service charge fee assessed under section ~-~2 Has had an alaram permit for the alarm ~~te revoked and the V~olat~on taus' ing the revocation has not been corrected; ~3~ Has made a false statement of a material matter ~4} Con~m~tted any act which, if committed ~ a errnittee mould be a . • y ~ gr ands far the reVOCatiun of a permit under section or 'While v~ithout a permit, knowingly and illfull committed ar aided ~ and abetted m the conln~ssiun of any act far which a permit is re aired b this cha ter. ~ ~ ~ SECTION That Chapter 4 of the Cade of Ordinances of the Ci "AI ty { arm Systems ~ be and the same is hereby amended by endin Section 4~~2 "Se rv~ce Charge for False Alarms" to specify in subsection ~a~ that upon three riur false bur lar al p arm notif"icat~on, the pert holder of a burglar alarm permit sham pay a fee far an subse cent false . y q burglar alarm notifica~.ons within a helve-month pertad. Sectran 4-~ shall read as folio • vas. ~c. 4~- ~~vice cha~g~ fir f~ arms. ~a} The balder of permit required under this cha. ter shall a a fee establi . p ~ y shed by the city council and on file in the office of the city secret far each false bur I ~ gar alarm  i ~ i s:lou~ dacuEmentslordi.~a~ces~~7la~arm perm~~do~ natif~catian emitted from an alarm site that is in excess of three 3 false . ~ } burglar alarm not~ficat~ons w~th~n a twelve-rr~onth period. The bolder of ~ perrn~t shall pad a-fee established b the ci council ' ~ ty and on file m the office of the city secretary for each false fire alarm notification that is eitte d from an alarm site that ~ ~ excess of three false fire alarm notifications within - a twelve month period, ~c~ The director shad assess separate fees, established b the ci council ' ~ ty and on ale m the office of the city secretary, against a robbery alarm Brit holder far each fai . p se robbery alarm not~ficatlan emitted fi'orn the alarm site within twelve 1 months afthe , ~ } rst false robbery afarm notification. ~d} For purposes of this section, the twelve-month eriod shall be ' an the date • ' p gm the permit ~s issued to the perrn~t holder anal thereafter on subsequent renewal dates. If a ermit is revoked under se p ctian 4,3~, the twelvemonth period shah begin when the revocation is withdrawn, fie} The director shall assess the permit balder of an ewer enc medical assts g y tance alarm a fee established by the city council and on file the ofI`~ce of the ci were far tary each false emergency ~ned~cai assistance alarm notification emitted f ~an~ the alarm site. ~ A permit balder shall pay a fee assessed under this section within ` thirty { 0} days after receipt of notice that it has been assessed, ~g~ The permit balder will be exempt franc any fee char ed far a false alarm . . g not~f~icatron which rs later shown by the permit holder to either have been 'untied or which was ~ due to a natural or manmade catastrophe or other situation speci~~ca1l exe~n ted b the ~ p y director. In addition, no fee shall be charged under this section far thi ~ da s after ~ ~ y the date of ~nsta,iiat~on of an alarm system. F~CTI~N If any section, subsection, paragraph, sentence clause hrase or w ' ord rn this ardrnance, ar appl~cat~an thereof to any person ar circumstances is held invalid b ~ any court of competent jurisdiction, such balding shall not effect the viidi of the remaini.n ' tY g portions of this ordinance, and the City Council of the City of f]enton, Texas hereb declares i y t would have enacted such ren~ain,g portions despite any invalidity, FICTICI~ 4, have and except as amended hereb ,all the ravisians secti Y p ans, subsec~ons, paragraphs, sentences, clauses, and phrases of the Code of ordinance ' s shall remain. in full farce and of feet. ~CTY~N 1~ny person found guilty of vioiatin this ordinance b a co . g y urt of competent ~ur~sd~ct~on shall be fined a sum not to exceed ~.ve hundred dollars S a0 er da . . ~ ~p Y each day that a prav~s~an of thYS ordnance ~s violated shall constitute a se orate offense, p F~CTI~N G. This ordinance providing for a penal shall become effective fourteen tY ~i4~ days fra~n the date of its passage, and the City secret is hereb directed to ca ` `Y y use the caption Page 2 of 3  i s:bur do tsbrdmau \07\ak= pa iLdoc of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2007 PERRY R. McNEILL, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, establishing fees to be charged for annual Alarm Permits as provided for in Sec. 4-26 and 4-29 of Article II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of Denton, Texas; providing for a severability clause; providing a repealer clause; providing a savings clause; and providing for an effective date. BACKGROUND Police Officers respond to about 5,000 alarms a year in the city. One or two officers respond to the scene, search the area for evidence of forced entry or other crimes, and take appropriate action based on their findings, including notifying the owner or representative if appropriate. If the building is secure and no reason for the alarm is found, communications is notified. On August 2, 1988, the City Council passed Ordinance 1988-130, which created regulations for the use and operation of alarm systems within the city. The ordinance required the issuance of a permit and set fees for false alarms. While the ordinance required a permit to operate an alarm system, it required no alarm permit fee. On November 5, 1991, Chapter 4 of the Alarm Ordinance was amended to require apartment complex owners to be responsible for apartment unit violations and to increase the allowable number of false alarms in one calendar year from three to five. Our research could not find the reason why this change was made. The permit holder was billed $50 for each false alarm after the fifth alarm. Robbery/Panic false alarms were billed $75 for the first false alarm, $100 for the second false alarm and $200 for each additional false alarm in a calendar year. The fees approved by this ordinance are still in effect today. In July 2004, the City Council was asked to amend Chapter 4 of the alarm ordinance to establish an annual time period for alarm permits and to establish the collection of an annual alarm permit fee. Ordinance 2004-214 approved these changes. A companion ordinance, 2004-213, established the annual permit fee at $20. Information provided with this ordinance request indicated that the Police Department responded to over 5,000 alarm calls in 2003. Very often the contact information from the original application was Agenda Information Sheet May 15, 2007 Page 2 outdated or incorrect. This required the officers to spend more time at these locations while attempts were made to contact owners or representatives. The Department believed that an annual renewal of the alarm permit would provide better owner information on each location. A $20 annual fee would assist in some cost recovery for police response and administrative expense. This practice of alarm fees is common throughout the Metroplex, and the $20 fee is actually less than most cities current fees. Analysis shows that the bulk of the Department's cost to respond to alarms is rooted in false alarm calls. False alarms are those that were caused by operator error or some other technical problem with the alarm system. For the years between 2002 and 2006, 80% of the alarms called into the Denton PD were deemed false. This runs contrary to the fact that, of the revenue generated in FY 2004-05, permit fees alone generated 62% of the income and false alarm fees only generated 38% of the income. The Department estimates that the annual administrative cost to coordinate alarm permit activities is approximately $10,000 - $15,000 per year. As illustrated below, the revenue generated from permit and alarm fees does not align with the cost for services. Permit fees generate more revenue than actual expenses while alarm fees do not fully recover expenses. 2004 Permit Fees (Revenue to Expense) Permit Fees (Revenue) $33,830 Estimated Average Administrative Costs $10,000 Total over collected on Permit Fees $23,830 False Alarm Fees (Revenue to Expense) Three year average (2002-2005) False Alarm Fees $26,233 False Alarm Costs $37,727 Under collected on False Alarm Fees -$11,494 On February 6, staff presented this information to City Council and recommended lowering the permit fee from $20 annually to $5 annually, lowering the allowable number of false alarms from five to three before applying a fine, and removal of the current exemption for homeowners over 65 years of age. These changes were presented to align the fees with the actual cost of providing services. City Council recommended that an ordinance to implement these changes be drafted for consideration. Agenda Information Sheet May 15, 2007 Page 3 During the February 6 discussion, staff was asked to look at the provision of the ordinance regarding the penalty amount for not complying with the ordinance. The fine provisions for city ordinances which involve on-going conditions are generally written as follows: Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. The fine amount is established by the judge and is not to exceed $500 per day. It is not necessarily a $500 fine. These offenses include offenses such as high grass and weeds, trash and debris and operating an alarm with no permit or with a revoked permit. Unlike typical criminal offenses like speeding or assault which occur at a specific time and place, these offenses, although occurring at a certain place, are ongoing and do not necessarily occur at a specific time. The purpose for the language "per day" is to protect someone from being filed on multiple times on a given day. For example, if a citizen was operating an alarm system with a revoked permit in violation of the ordinance, an officer could not issue a citation at 10:00am on May 30, 2007 and then go back 2 hours later at 12:00 pm and issue a second violation just because the permit was still revoked. For consistency, staff is not recommending a change to this provision of the ordinance. Passing the attached ordinance will lower the annual permit fee from $20 to $5. The new ordinance would take effect October 1, 2007. A companion agenda item will address lowering the threshold from five annual false alarms to three and would eliminate the current exemption for homeowners over 65 years of age. This will help shift the cost of alarm response from all permit holders to those who have false alarms. RECOMMENDATION Staff recommends passing the new ordinance. PRIOR ACTION/REVIEW • August 2,1988, City Council passed Ordinance 1988-130 creating regulations for the use and operation of alarm systems within the city. ~ November 5, 1991, City Council amended Chapter 4 of the Alarm Ordinance, increasing the allowable number of false alarms in one calendar year from three to five. ~ July 27, 2004, City Council amended Chapter 4 of the Alarm Ordinance establishing an annual time period for alarm permits and establishing the collection of an annual a arm permit ee. Agenda Information Sheet May 15, 2007 Page 4 • February 6, 2007, the above information was presented to Council and staff was directed to complete the attached ordinance for consideration at this time. FISCAL IMPACT While the staff recommendation is more equitable, we cannot state the exact impact of the proposed change. It will depend on a number of factors including the number of permits issued, number of false alarms, the rate of compliance, the (hoped for) citizen's response of upgrading alarm systems to reduce false alarms, etc. Staff will conduct ongoing analysis of the situation and bring any needed changes to the attention of the City Council. Respectfully submitted, - _ - r Scott Langford Interim Chief of Police Prepared by: E E , S 4 Capt. Paul Abbott Support Services i ~;laur doc~rrYentsl~r~inances1071a1a~nfeesar~i~►ae.doc ORDINANCE N0. AN ORDINANCE CF THE CITY CF DEI~TDN, TEXAS, ESTABLrHINC~ FEES TD EE CHARGED FDR ANNUAL A~ARNi PER~T~ A FRDV~DED FAR IN SEC. 4-~~ AND 4- 9 OF ARTICLE I~ ~F CHAPTER 4 "ALARM Y~TE CF THE CDDE ~F ORDINANCES ~F THE CITY OF DENTDN, TEAS; PRC~VIDINC~ FDR A E~ER.ABIL~TY CLAUSE; PRDVIDIN A REPEALER CLAUSE; PRCV~DIN A A~INCrS CLAUSE; AND FRDVTI]IN FOR. AN EFFECTIVE DATE, AREA, the City of Denton deems it in the public interest to create a fee for alarm system permits; N~, THEREFORE, THE COUNCIL DF THE CITY ~F DENTDN HERESY ORDAINS: SECTION 1. The City Council hereby establishes the following fees to be charged for alarm permits pursuant to Section 4-2~ ofthe Code of Crdina~ces: An annual alarm permit fee of Five Dollars {.OOH due on the anni~rersary date of the permit, SECTION That a copy of this schedule of fees and charges shall be maintaned on file m the office of the City Secretary, SECTION 3, ~f any section, subsection, paragraph, sentence, clause, phrase, or ward ~ this ordinance, or application thereof to any person or circumstances is held invalid by any count competent ~usdlctlon, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Councii of the C1ty of Denton, Texas hereby declares it ~vou~.d have enacted such remanin portions despite any nvalidity. SECTION Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Crdnances shall remain in fu11 force and effect. SECTION Any person found guilty of violating this ordnance by a court of competent jurisdiction shall be fined a sun not to exceed five hundred dollars per day. Each day that a provision of this ordnance is violated shall constitute a separate olTense. ECTIDN This ordinance providing for a penalty shall became effective fourteen {14} days frorri the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record.-Chronicle, the official newspaper of the City of Denton, Texas, within ten {10~ days of the date of its passage, PASSED AND APPRC~ED this the ~ day of X007, FERRY R~ NicNEILL, II~AY~R  i 4 s:lour documents~or~inancesl0?laarnfeesordinance,doc ~TTET~D; ,~EITFE~ A~T~R, QTY ~~TARY A~FR~~~ A T~ LECA~.L F~R.M: EI~~ NYDER, CITY ~TT~RN~Y BY: ~ Page ~ of Z  i AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Lennar Homes of Texas Overpayment 2005 $ 4,3 89.44 2. GE Capital Information Tech DCAD Supplemental Change 2006 $ 2,362.63 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $6,752.07. Respectfully submitted: Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks and Recreation A ACM: Howard Martin, 349-8232 SUBJECT Consider approval of the Parks, Recreation and Beautification Board recommendation to select George Caddell as the artist for the most recent public art sculpture for the City of Denton. Project budget not to exceed $25,000. (The Parks, Recreation and Beautification Board recommends artist approval with a vote of (5-0). BACKGROUND On April 18, 2006, City Council established and appointed a Public Art Committee that serves in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: • Commissioning, placing, and installing of public art • Implementation of funding mechanism(s) for public art • Effective and efficient management of public art • Ongoing maintenance of public art • Accessioning, deaccessioning and resiting of public art On March 8, 2007, an electronic vote was entered into the minutes of the Public Art Committee for recommendation of artist George Caddell to be selected for the most recent public art sculpture for the City of Denton. On April 6, 2007 a letter with photos and a CD of projects was sent to the Parks, Recreation and Beautification Board to review the works of artist George Caddell so that they could make an informed vote at their meeting on May 7, 2007. RECOMMENDATION Recommend City Council's approval of the Parks, Recreation and Beautification Board's support of the Public Art Committees' recommendation of George Caddell as the artist for the most recent public art sculpture for the City of Denton. ESTIMATED SCHEDULE OF PROJECT February 27 RFP's due to Purchasing March 8 PAC makes recommendation May 7 Parks, Recreation & Beautification Board makes recommendation to City Council May 15 City Council considers recommendation Late May Artist begins work November Artist completes mold May, 2008 Artist completes installation June, 2008 Formal dedication PRIOR ACTION/REVIEW (Council, Boards, Commissions) ➢ Public Art Committee made recommendation of artist selection by electronic vote completed on February 21, 2007. ➢ Parks, Recreation and Beautification Board made recommendation of artist selection on May 7, 2007. FISCAL INFORMATION $26,326 is available in HOT funds for this project. BID INFORMATION Two RFSP's were submitted to the Purchasing Department and reviewed by the Public Art Committee. EXHIBITS 1. Parks, Recreation and Beautification Minutes of May 7, 2007 2. March 8, 2007 Public Art Committee Meeting Minutes Respectfully submitted: Emerson Vorel Interim Director Exhibit 1 1 DRAFT 2 3 Parks, Recreation and Beautification Board 4 Minute s 5 May 7, 2007 6 Civic Center Conference Room 7 8 Members present: Teresa Andress, Dale Conway, Reggie Heard, Jo Kuhn, Ross Richardson. 9 Members absent: Carol Brantley, Allyson Coe 10 Staff present: Emerson Vorel, Bob Tickner, Cindy Mayo, Mary Aukerman. 11 12 Chairwoman Teresa Andress called the meeting to order at 6:03 p.m. 13 14 Since Mr. Makalani Jones was present, Teresa asked for a motion to reorder the agenda to allow him to speak 15 first. Jo made the motion to reorder "Action Item b" to the top so that Mr. Jones could make his presentation 16 to the Board; Dale seconded the motion and the agenda was revised. 17 18 ACTION ITEMS: 19 b) Consider a request from Makalani Jones to sell alcohol beverages at Makalani Movement Music 20 Festival in Quakertown Park for Juneteenth Celebration. - Mr. Jones made a presentation to the 21 Board regarding this first time event, outlining the music, cultural food and vendors he expects to 22 participate. He is trying to pair with a vendor to sell alcoholic beverages at this event and has 23 contacted both Meltzer's and Mi Casita but has no confirmation at this time. He presented a brochure 24 highlighting the features of the event, as well as a letter he plans to send to businesses for 25 sponsorships. An admission fee will be charged for the event. When asked about insurance and the 26 other items needed for the event as outlined in the action item, Mr. Jones said that this project is still a 27 work in progress. First aid and information stations will be available. He hopes to have everything in 28 order seven days before the event. He sees only beer being sold at the event at this time. The 29 Makalani Movement does not have 501 c3 status at this time. Mr. Jones thanked the Board for their 3 0 time and attention. 31 32 Upon Mr. Jones departure, the meeting returned to its usual format. 33 34 AWARDS AND RECOGNITIONS: 35 Emerson Vorel informed the board that Cindy Mayo had passed all the tests and is now a registered 36 Landscape Architect in the State of Texas. 37 3 8 APPROVAL OF MINUTES OF APRIL 2, 2007 MEETING: No corrections were indicated so the 39 minutes will stand as written. 40 41 ACTION ITEMS: 42 a) Accept the recommendation for the selection of George Caddell as the artist for the most recent 43 public art sculpture for the City of Denton. - A packet of pictures and a CD was sent to the Park 44 Board for their review prior to the meeting and a scale model of the statue was at the meeting. It is 45 proposed that the sculpture be placed on a platform in the plaza at City Hall East. The statue, in 46 keeping with the Sesquicentennial theme, depicts the various stages of Denton's growth. 47 48 MOTION: Jo Kuhn made a motion to accept the recommendation of George Caddell as the artist for 49 the most recent public art sculpture for the City of Denton; Ross Richardson seconded the motion and 50 it passed with a vote of 5-0. 51 February 2007 1 b) Consider a request from Makalani Jones to sell alcohol beverages at Makalani Movement Music 2 Festival in Quakertown Park for Juneteenth Celebration. - A discussion was held regarding the 3 vendor selected to sell alcohol because the Board wants someone that is reliable, dependable and 4 reputable to sell the alcohol. This is not in conjunction with the other Juneteenth parade and 5 celebration and not co-sponsored by the City of Denton. 6 7 MOTION: Reggie made a motion to recommend to City Council the approval of the request for 8 Makalani Jones to sell alcohol beverages at the Makalani Movement Music Festival in Quakertown 9 Park for Juneteenth Celebration, contingent on him obtaining all TABC licenses and permits through 10 a licensed vendor and all other pertinent documentation before submitting the recommendation to 11 City Council; Ross seconded the motion. The Board passed the motion with contingencies with a vote 12 of 5-0. 13 14 DISCUSSION ITEMS: 15 a) Review Parks Renaming Policy -Emerson brought a folder of renaming policies from other cities 16 and told the Board that he will present a draft consolidating the items staff feels needs to be added at 17 the next Board meeting on June 4th 18 19 Teresa left the meeting at 6:50 and turned it over to Jo, co-chair. 20 21 DIRECTOR'S REPORT 22 PROJECT STATUS REPORT -Senior Center Feasibility Study. The kickoff meeting was held April 23 18th. A public meeting is scheduled for Thursday, May 31 at 6:30 p.m, to gather public comment. A 24 separate meeting will be held with staff on programming. Another public meeting will be held after all the 25 comments have been compiled. Several options are being considered. 26 27 Avondale Park Bridge project -Ross Richardson said there should be a disk coming from FEMA. 28 29 Cedar Street Streetscape project -Bids will be open on May 8, 2007. 30 31 Rail Trail -Denton County Transit Authority intends to have trains running by the end of 2010. Bob 32 personally has driven the entire Board down the trail so they can stand in front of business groups and 33 say they have been on the trail. The crossing on 288 will be an "at grade" crossing. 34 3 5 COMPLETED PROJECTS: 36 Civic Center Pool Enhancement -The pool has been filled with water. 37 3 8 KEEP DENT0IV BEAUTIFUL 39 Director's Report -This is a very busy time for KDB which is outlined in the report. The Board was 40 encouraged to read the events in the attached report. 41 42 Letter from Bettye Myers of the Denton Parks Foundation - Jo wanted to address the letter from the 43 regarding their efforts to support improvement or expansion to Water Works Park to meet the aquatic 44 recreation needs of Denton. She thought that a letter of response should be sent. Emerson will draft a letter on 45 behalf of Teresa Andress for her signature. No action by the Park Board is required. 46 47 ITEMS FOR UPCOMING MEETINGS: -Park renaming policy draft. 48 49 There being no further business, Ross Richardson made a motion to adjourn, Reggie Heard 50 seconded the motion and the meeting adjourned at 7:05 p.m. February 2007 Exhibit 2 Public Art Committee Minutes March 8, 2007 Civic Center Conference Room Members present: Jo Williams, Cheryl Key, Joy Siegmund and Ex-officio Member Margaret Chalfant. Members absent: Diana Block, Betty Roy, Jack Davis, Jo Ann Ballantine, Billie Mohair, and Carol Phillips. Staff present: Emerson Vorel and Janie McLeod. Chair Jo Williams called the meeting to order at 5:15 p.m. Introduction of New Board Member -Billie Mohair was not able to attend the meeting. Approval of Minutes of January 11th and February 8, 2007. A quorum was not present at the meeting and the minutes were emailed to the committee for an electronic vote. The minutes were approved by an electronic vote of to 6-0. ACTION ITEMS Criteria for Accepting Art Works/Gifts - A quorum was not present at the meeting and the minutes were emailed to the committee for an electronic vote. The Criteria for Accepting Art Works/Gifts was approved with an electronic vote of 6-0. Selection of Artist for the City Hall West Project - A quorum was not present at the meeting and the minutes were emailed to the committee for an electronic vote. The Selection of Artist for the City Hall West Project was approved with an electronic vote of 6- l . George Caddell was selected as the artist for the sculpture. DISCUSSION ITEMS -None DIRECTOR' S REPORT Status Report ➢ Entry Monument -Emerson said that TxDOT would not allow artwork in the medians of Loop 288. Staff is looking at locating the monument in the Right-of Way. The monument will be redesigned to its original scale. The artwork would be on one side of the monument and angled to face the passing traffic. ➢ Public Art Master Plan (PAIVIP) -Emerson said that staff is making progress on the comparative study and will give the committee a report with the results. ➢ Civic Center Mural Revised Schedule - No comments were made. ➢ Scheduling of Future Public Art Projects -Emerson said that when commissioning artwork, the process must begin six months prior to the HOT fund becoming available. Cheryl asked if the HOT funds needed to be used by a certain date. Emerson responded that staff could submit a letter of request to have the funds rolled over to the next year budget. Emerson said that it might not be possible to install art in front of City Hall West as previously discussed. The committee discussed other possible locations - Rayzor Ranch's Heritage Trail area. Emerson said that could be a possibility. Installation Costs of Public Art -Emerson said that in the past RFSP's that listed the entire funds available for the project. The committee suggested that a cost range be submitted to the artists rather than advertising the total funding amount. He suggested that a percentage of the project funds be held back to cover the installation costs and any other unexpected fees for the artwork. The committee discussed other options to inform the artists of the opportunities to bid on a project. It was suggested to possibly do mailings to the artists, or an article in the Denton Connection or the Denton Times advertising for artist. There being no further business, the meeting was adj ourned at 6:10 p.m. AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in the area of Fry Street, behind Lucky Lou's and Riprocks. The event is to be on Saturday, May 19, 2007, from 2:00 p.m. to 8:30 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. BACKGROUND Bryan Denny, CEO/Agent with D.H.S. Entertainment, has submitted a request for an increase in the noise level from 70 to 75 decibels. The festival will include local bands, retail and food booths. The event will be promoted in the Dallas/Ft. Worth metroplex and organizers anticipate a crowd of approximately 1,000 participants. The entry fee is $12.00 per person. The concert will benefit the Susan G. Koman Foundation and the Save Fry Street Coalition. Amplified sound will be used for both music and public announcements. The Police Department has requested that the music end at 8:30 p.m. for security reasons and to disband the crowd. FISCAL INFORMATION The fiscal impact of this event will include overtime costs associated with the hiring of off duty police officers and firefighter/paramedics. EXHIBITS 1. Letter of Request Respectfully submitted by: .4: • f Emerson Vorel, Interim Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator 1 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Water ACM: Howard Martin, Utilities 349-823 SUBJECT Approve an Ordinance authorizing the acquisition in Fee Simple, through agreement or eminent domain for municipal purposes, including public utility and drainage purposes, in an approximate 0.257 acre tract of land located in the Gideon Walker Survey, Abstract Number 1330, Denton County Texas and Being A Parcel Of Land Conveyed To Randy C. Snider, By Deed Recorded Under County Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the City Attorney or his designee to do all things necessary and appropriate to acquire the property through agreement or eminent domain. The Public Utilities Board recommends approval (7-0). BACKGROUND This 0.257 acre tract is located at the northwest corner of intersection of Edwards Road (east/west) and Old Edwards Road (north/south). The tract is necessary for several different projects slated by the Solid Waste Department, the Water Department, and Denton Municipal Electric. Solid Waste will utilize a portion of the subject tract for additional storm water drainage control. Currently, those storm water flows enter the southern boundary of the existing landfill operational area and are detained in a pond area, prior to ultimate outfall into Pecan Creek. The acquisition of the subject tract will enhance storm water detention capabilities. The Water Department will utilize a portion of the subject acquisition tract, along the Edwards Road frontage, to locate pressure reducing mechanisms (valve works) and the related protective infrastructure (underground vault) that are essential to the ongoing operation of the water system in this service area. Denton Municipal Electric will also utilize the entirety of the subject acquisition tract for electric power transmission line use. The acquisition of the subject 0.257 acre tract will provide for better pole alignment, optimal pole spacing and a potential reduction in pole quantity in respect to their plans to connect their Pockrus Substation to their Spencer Interchange. Staff has had a few discussions with Mr. Snider over the course of the last several months in regard to the City's desire to purchase the entire 0.257 acre tract from him. There are no traditional residential structures located on the property, although there are several assemblages of various building materials and otherwise being used for shelter. Mr. Snider and other individuals routinely camp on the subject tract without conveniences. More times than not it is difficult to contact Mr. Snider either by phone or correspondence and it is by chance to find him at his tract at any given time. The tract has been appraised by an independent appraiser and the market value of the tract, in its entirety, was determined to be $16,000.00. Staff made an offer, based on the appraisal, to Mr. Snider in October 2006, via certified mail, sent to his physical address on record at the Denton Central Appraisal District. Concurrently, staff tendered an offer to the same address regular mail. After several weeks of no response and several site visits trying to make personal contact with Mr. Snider, staff left a copy of the offer to purchase the tract at his property location. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their April 23, 2007 regular meeting. The Public Utilities Board recommends approval (7-0) . FISCAL INFORMATION The market value is estimated to be $16,000.00. In the event of a Special Commissioner's Hearing to establish just compensation for the 0.257 acre tract, then legal expenses will incur typical of those types of proceedings with potential for an award in excess of our value estimate. BID INFORMATION None DATE SCHEDULED FOR COUNCIL APPROVAL May 15, 2007 EXHIBITS 1. Location Map 2. Ordinance 3 . Minute s Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by .fi. - .f; .F. > f. v .r.• • . . Pamela England Real Estate Specialist Exhibit 2 s:lour ~ucumentslordina~ces1071ordinance - spider acquisition.doc ORDINANCE NO. AN ORDINANCE AUTHORI~INC TAE .ACQUISITION IN FEE SIlVIPLE, THROUGH AGREEMENT OR EMINENT DOMAiN FOR M[JNICIPAL PtTRPOSES, INCLUDING PUBLrC UTILITY AND DRAINACxE PURPOSE, EV AN APPROXIMATE ~.~57 ACRE TRACT LAND LOCATED IN THE CII~EON ALDER SURREY, ABSTRACT NUMBER. ~ 3 3 0, DENTON COUNTY TEAS AND BEING WITHIN A PARCEL OF LAND CONVEYED TO RANDY SNIDER, BY DEED RECORDED UNDER COUNTY CLERK' FfLE NUMBER ~-Rao 1 ~~95, REAL PROPERTY RECORDS, DENTON COUNTY, TEAS, AUTHORI~YNC THE CITY ATTORNEY OR HIS DESIGNEE TO DO ALL THINGS NECESSARY AND APPROPRIATE TO ACQUIRE THE PROPERTY THROUGI~ AGREEMENT OR. EMINENT DOMAIN; AND PROVIDING AN EFFECTNE DATE THEREOF4 WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Teas, THE COUNCIL OF THE CITY OF DENTON IiEREBY ORDAINS SECTION I. The public necessity exists, public welfare and convenience require, and the City of Denton does hereby exercise its hone-rule and statutory authority to acquire by agreement ar eminent domain. fee simple title in an appro~ixnate x:257 acre bract of land as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made part hereof by reference the "Property"}. The land is being acquired far municipal purposes, including public utility and drainage purposes. SECTION The City Attorney, ar his designee, sha11 have the authority to do all t.ngs necessary and appropriate to acquire Property through agreement or eminent domain. The City Council delegates to the City Attorney, ar his designee the details of accomplishing ..this ob j ecti~re ine~udin but not limited to abtain~ng ~i~al surveys, title insurance, eniu.eering matters, title search, offers, proper documentation, and filing and prosecuting eminent domain procee Yngs, SECTION This ordinance shall becorr~e effective immediately upon its passa, a anal g apprv~al. PASSED AND APPROVED this the day of , 2~~7. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY:  LM •I ,APPR~V~D A T~ LEAS, FARM. ESN I. NYDER, ~T TT~RN~~Y Page ~ 2 S:lOur nocn~nmtsl0rainances1o71Qrain~nce - Ssrider Acquisi~ia~.aae  i i ' • ~ o~~ ~r ~ PA • ~ ~F ALL THAT CERTAIN TRACT OR PARCEL DF f~4ND LYING ANI~ BEING SITUATEC ~ THE GIDEQN WALKER SURVEY, ABSTRACT NUMBER ~ - , ~D1EN~Tj~Oy~N+ C~CUNT1~, T~E+~AS, ~IVD BEIN~AAP1~tRT aF A T~R/AC/T►~D~ESy~+RrySED ~/N~A DEE~~''~T~/~~RAyN~DI~~C~.1 NIPEER~,RrECaRDED UN~ERfC/aU~T~+Y r ~+l.~~flf~l a~f~~~~L~~► N~CI~ RG1'ALr ~PE~ 1 I L,IL~LJp~ LIEVI~ U~ 1 ~ i 1 CI111~ 11t1~ ~~{~{.7 1~1~R~ ~~~tL i ~LRI~E~ F FOLLQWS. ~tEGINN ING AT A ~ ~ INCH ff~ PIN I"OUND AT TI•IE SOUTHEAST CORNER OF A TRACT DESCRIi~ED IN A DEED TD TRANCONTINEN'TAL REAL'!`Y INVESTORS, INC., RECC?RaED ~N DEED NUMBER 2E1Q5-1594, REAL, PROPERIY RECORDS, DENTI COUNTY, TF~AS, SAID P!N ALSO BEING ON T~lE NORTi'f LINE OF EDVI~ARI~S ROAD AN~3 THE VAST LINE OF SAID SNIPER ~T BEING NORTH DEGREES 0~ MINUTES ~3 SECOND EAST, A DISTANCE OF 3~.~~ FEET FROM THE SDUTF9WES'r` RNER OI' SAiI~ SNIDER TRACT;; THENCE I~QRTH 03 DECREES aB MINUTES SECONDS EAST WITH TFIE WEST LINE OF SAiD SNIDER TRACT AND THE EAST LINE DF SAID TRANSCONTINENTAL TRACT, A DISTANCE OF 349.E FEET" fiq A ~f2 INCH IRON I~N'WITH A YEILCW PLASTIC C~4P STAMPED'°METROPL~C ~ 849" SET A~' TIC NORTH CC~RNfTR 41= SAID SNfQER TRACT ON THE EAST LINE OF SAID T~iANCONTINENTAL TRACT; THENCE SOUTH 07 DEGREEa 1 ~ MINUTES 44 SECONDS EAST II~fITH THE EAST LINE OF SAID SNIf]ER TRACT, A DISTANCE OF I~6,91 FEET TD A f=ENCE C~RNE*R POST FaUNa ~N THE EAST LINE CAF A#D SNIPER `~fiACT DN T~fE NaRTH I_I~IE OF EDI~VAI~DS READ, AND BEING NORTH ~7" DEGREES 11 MINUTES 44 SECONDS WEST, A Ir}ISTANCE C1F 33,ST FEET FROM 1'HE SOUTI~I~4ST CORNF~ OF SAII] SNIDER TRACT;;- ~ - - THENCE NORTH 8S DEGREES 4 N~INUTES ECONDSS WEST WISH THE NORTH LfNE OF £DWARDS RtD, A DlSTANCE~OF .9Q FEET TO - THE POINT OF BEGENNlNG AND CONTAINING III ALL D:ZST ACRES ~F I..I~►fa. NOTES: EASI~I~IEI~"I'$ SHQi~IJN I~EREQI~1 ARE AS LIST fN THE FIRSTAMERICAN TfTLE CC1filIMITMEN'I• GF N~, R3~635 aE4, EFFECTIVE DATE AUGUST 24, ~I~D6. ~ EASEMENT GRANTEa TURNBULL ANA WII=I~, VIOLET TURI~IBUi,~ Tp CITY OF I~ENTDN COUNTY, TExAS, DATED 12l~11i9$Q, I* II~I~ oz~ s~i , RE~oRDED ~N V~?LUMi; 464, PAGE i REAL pROI~ERT~r~ R~cOR~S DF FEIN COUNTY, TExAS, POE A~ECT sHav~N. ~ EASEMENT GRANTEa BY T. GERALD SNIDER, ,lR. TQ CITY OF OENT0~1, T~(AS, DATED -91 J49~198~ ,FILED 11 d~911 ~$1, RECORDEa 1N VOLUME ~ 1 ~ PAGE 3D, REAL PROPERTY i~ECORDS OF PENTON COUNTY, TE?~AS, I~?ES AECT AS SHOI~hI. BEARINGS ~IVORTH $B DEGREES 4~ MI~IUTI:.S Z5 SECONDS INEST~ BASF ON THE NORTH LINE OI* EDVIIARDS ROAD AS DESCRIBED IN THE STREET RIGHT OF 1NAY I~EI~I] ~`Q CITY ~F DENTON RECORDED IN VOLUME 49~$, PAGE 1841 OF THE REF1t PROPERTY RECGRP OF DEhiTON COUNTY, TQiA. TH1S SURVEY 1NA PERFCRI~IED WfTHDUT THE BI=NEFIT ~ A TfftE COMf~f~TMENT. THERE MAYBE EASEMENTS I~iO~' SHOWl~ THAT AFI=ECT THE SiJ$JEOTPRpPERiY. . BY GRAPI~IC PLOTTING ONLY, THIS PRGPERTr I WITHIN ZONE ~",AREAS PETERMINEp TO BE DuTSfvE OF A aESIGhIAATED 10B YEAR DR YEAR FI.aOD-PlrAtN AS SHOWN BY FIRM MAP COMMUNITI~~RANEL NUMBER 4~1Z1C~$~ E, SATED APRIL 2, ~~97. NO SURVEYING BIAS PONE TO DETERMINE THIS Ff.DOD ZONE. f SURVEYOR'S CEI~TII`I4:ATI; I, BRA#~ G. SHELTON, HEREBY CERTIFY THAT A SURREY WAS MADE ON THE GROUND TF~IS ~9II~ DAY OI` OCTOBER, ~OOfi OF THf: PROPERTY DESCRIBED HEREON AND THE ARE NO {VIS~~LE} ENCROACI•Il~ENTS, . PRf3TRU51 ROVE I OF IM VI=NII~N•1~, EXCEPT A SHOWN HEREON. ~ . ~y ~+a'[ ~ R~GISTEREI~ Peal=~s~~alI_ I~aNa ~ur~raR { STATE ol= T~xAS filQ. ~ B~A~~Y ~ R ~ + • ~ ~ G~~ v ~~#4 ti ~ ~ ~ ~ .~w 9~0-~8~-050 ~3 V~, ~I~f~~F~Y, DE~VfiON, ~E~A~ 16D~ ~n~me~ exulve [n ,coy - ~ ~ V,..,. r'- m~~. .+i• r•„~.~ - .t. ~;.,:y15" e+'x ~ mow.,-•I. •w~k_x~.a ',k' - s~,.:~:,  i I - ~ ' i~ ~ ~ ~ ~ ~ ~ ~ a~ 1 ~ ~ ~ ~ ~ ~A ~F ~~v~ ~ ~ ~ 1 ~ ~ ~ ~ ~ . ~ • ~ A r a~a* aw~s~se+bo ~v~~a ~~~~;~r~~ ~ ~ BRA i ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ` ~ f ~ ~ . ~ ~ ~ ~ 1 7 ~ ~ ~ ' t~ ~ ~ ~ ~ . C ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ cry ~o~ ~ ~ ~ ~ _ ~~LLED ~~.918 ACRD TACT ~ ~ ~ ~ ~LU~ SAAR U~Q ~P., ET _AL TF~A~VCON~kNENT~V. ~ ~ ~ ~ ~f~LU~E 537, P~ X243 REALTY INVES'~OR, INS. ~ ~ ~ ~p~ DN X45-1 ~ X94 ~ ~ ~ ~ RPR ~6 2~i ER ~E~ENT IT1~ D~V'C~~, TE?~A ~ ~t ~ 3t V~LU~IE ~~4, SAGE ~ ? P~~~`F a~ B~~NIV~N ~ ~ ~ ~ FE~l~ ~~~E~E~I~~ ~lNE FC~~IND i~ ~ ~R C N~RET H~A~WA~~ ~ - ~1 l ~s k r 94~-38~-~50~ ~ l~f. #~~~OR~, DENTIN, T~~A 7fi~ ~r~me'~vplexsu~r~~ ~ ,core i, ALLY ■ ~A'~' ~B ~tiS'1~ ,r~,.. ~ti~ W ~ -mss , . ~v,. ~ ~ ~ ..i. .Y!:. :ti., ti"~'~v~~as' ~ '~ses:.r,' Exhibit 3 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 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3) Consider recommending adoption of an ordinance authorizing the acquisition in fee simple of 25 a tract of land; being approximately 0.257 acres of land located in the Gideon Walker 26 Survey, Abstract Number 13 3 0, Denton County, Texas; and being the same real property as 27 described in Deed recorded under County Clerk's File Number 96-R0016095, Real Property 28 Records, Denton County, Texas. 29 30 Board Member John Baines moved to approve Item 3 with a second from Board Member 31 Bill Cheek. The motion was approved by a 7-0 vote. 32 33 The meeting was adjourned by consensus at 11:59 a.m. 34 CITY OF DENTON CITY COUNCIL MINUTES April 10, 2007 After determining that a quorum was present, the City Council convened in a Closed Meeting on Tuesday, April 10, 2007 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members McElroy, Montgomery, and Thomson. ABSENT: Mayor Pro Tem Kamp; Council Member Heggins 1. The following item was discussed in Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discussed legal issues relating to City oil and gas leases, including contemplated litigation, and including 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 chapter. Council Member Heggins arrived during the Closed Session. Following the completion of the Closed Meeting at 4:56 p.m., the Council convened in a Special Called Meeting, at which the following item was considered: 1. The Council considered adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with a Southwestern Regional Contest to be held in Alexandria, Louisiana for the award candidate called "Crowns", being an African American Musical Production; providing that this program serves a municipal and public purpose of promoting the arts and tourism within Denton; providing for the expenditure of funds therefore; and providing for an effective date. The following ordinance was considered: N0.2007-079 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COMMUNITY THEATRE REGARDING TRAVEL EXPENSES ASSOCIATED WITH A SOUTHWESTERN REGIONAL CONTEST TO BE HELD IN ALEXANDRIA, LOUISIANA FOR THE AWARD CANDIDATE CALLED "CROWNS", BEING AN AFRICAN AMERICAN MUSICAL PRODUCTION; PROVIDING THAT THIS PROGRAM SERVES A MUNICIPAL AND PUBLIC PURPOSE OF PROMOTING THE ARTS AND TOURISM WITHIN DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Heggins motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion carried unanimously. City of Denton City Council Minutes April 10, 2007 Page 2 Following the completion of the Special Called Meeting, the Council convened in a 2nd Tuesday Session. 1. The Council received a briefing, held a discussion and gave staff direction on an amendment to the Development Code to allow for the development of Gated Communities (DCA06-0015, Gated Communities). Brian Lockley, Interim Director of Planning and Development, presented an update on an amendment to the Development Code to allow for the development of Gated Communities. The gated communities ordinance made provisions for streets; water and sewer; street lighting; public safety and other access requirements; solid waste; homeowner's association requirements; and maintenance costs. The provisions for streets included (1) all streets would be private streets; (2) the private streets must meet all requirements and standards of the City for public streets, and (3) provisions for private street lots. Water and sewer provisions included (1) all water and sewer mains that serve inside the gated community and were located within a public utility easement must be dedicated to the city prior to approval of the final plat and publicly owned and maintained, (2) mains and associated appurtenances must be built according to city standards. The provisions for street lighting included (1) installation at no cost to the City meeting spacing and location requirements and maintained by the homeowner's association, (2) lights would have individual meters, shall be owned, operated and maintained by the homeowner's association and costs would be invoiced to the homeowner's association under the appropriate rate schedule. Public safety provisions noted were (1) the installation of security gates across a fire access road would be approved by the fire chief or his designee and the gates would have an approved means of emergency operation, (2) a keypad of signal device access would be given to the police department according to the departments' specifications for all gates, (3) if a gate failed to open promptly for an emergency vehicle, the emergency responders would have the authority to remove, disable or destroy any locking device, gate or piece of gate in order to gain access and (4) public access easements throughout the subdivision for public safety vehicles would be provided for on the plat. Solid waste provisions included (1) rear entry garages for residential dwellings would have solid waste collection service provided from an alley, if the alley was constructed to the same specifications as the public streets and the same turning radius would be required by the Fire Department would be required for refuse collection trucks, (3) in the event that vehicular access was not operable, solid waste trucks would continue with the route and report the inaccessibility of the area to Customer Service. Homeowner's Association requirements (1) must provide for the power to file a lien, to foreclose or to otherwise secure payment from homeowners concerning the maintenance, repair and replacement of the gates, private streets and streetlights, (2) the Association's documents must be submitted to, review by and approved by the City Attorney prior to final plat approval and (3) City of Denton City Council Minutes April 10, 2007 Page 3 documents must state that the streets are private and are maintained by the Association, that they are not public and that the city has no obligation to maintain them. Maintenance Cost provisions included that (1) the city would follow customary practices in backfilling and repaving repaired sections of private streets after a utility repair, and (2) the Association may elect to privately undertake one or more aspects of the backfilling and pavement repair and the City may participate in the funding of such private repairs, but only to the extent of any repair costs avoided by such private repairs. Council Discussion - • How were concrete streets currently repaired? Lockley replied they were filled as similar materla s. • Other than specialty services, would the private streets be filled the same as public streets? Lockley replied that the language addressed that specialty streets as with asphalt and concrete repairs would be done like new. • There were no park dedication requirements because the subdivision would be a private development. Plans could indicate a park but it could not be required. • What would be the requirements for non-traditional street lights? Lockley replied that internally they were still working through those requirements. The requirements would provide for the option to provide alternate street lighting. If one of the specialty street lights failed, and DME had to repair it, it would be done as a typical wooden pole light with the homeowner's association repaying the city to reinstall the specialty light. Warehousing of specialty poles would be the homeowner's association responsibility. • How would police patrols be provided? Lockley stated that as the streets would be private, certain city services such as routine parking and traffic violations would not be done. The homeowner's association would have to provide its own security patrols to perform internal provisions. • Regulations were needed in order to properly place gated communities within the city so they were not placed in an inappropriate area. A set of standards was needed so as to build a project when in a proper location. If the location was appropriate, then a set of standards applied for the development. Consensus of the Council was that if there were no dramatic changes from the Planning and Zoning Commission, the staff should proceed with an ordinance and another work session would not be needed. 2. The Council received a briefing, held a discussion and gave staff direction on an ordinance amending subchapters 7, 13, and 23 of the Denton Development Code concerning infill development regulations (DCA05-0005, Infill Regulations). City of Denton City Council Minutes April 10, 2007 Page 4 Brian Lockley, Interim Director of Planning and Development, presented an overview of the proposed infill development regulations. Objectives of the regulations were (1) allow flexibility in location, type and density, within the densities supported by the Denton Plan and the Denton Development Code; (2) provide flexibility in lot size, configuration and vehicle access to facilitate infill development, (3) provide development standards that promoted compatibility between new and existing development and promote certainty in the marketplace, (4) encourage development of needed housing in close proximity to employment and services (5) promote neighborhood preservation and enhancement through infill development of vacant properties, (6) encourage mixed use development opportunities in order to provide housing and neighborhood services close to jobs, (7) encourage development that meets the city's economic development goals; and (8) encourage new development as well as preservation of a diversity of housing types and price ranges in existing neighborhoods. Lockley indicated that the infill map boundaries had not changed for prior discussions. Lockley reviewed the proposed requirements for infill lots in a historic district. Basically, the requirements of that district would govern the infill development such as in the Bell Avenue Historic Conservation District and the Oak-Hickory Historic District. Two requirements for Council consideration were: (1) Street tree number and spacing standards -street tree requirements would be exempted in these districts. For lots with less than 60 linear feet of street frontage, one tree per lot, evenly spaced would be required. For lots greater than 60 linear feet of street frontage, two trees per lot, evenly spaced would be required. Multifamily residential, townhome and non-residential development would be required to have one tree for every 45 linear feet of street frontage. Street trees on corner lots for all development would be located a minimum of 25 feet from the property corner adjacent to the street right-of way intersection. (2) Sidewalks -The Planning and Zoning Commission felt that sidewalks should not be required for infill lots. Staff, however, felt the sidewalks should fit in with the character of the area. If the surrounding properties had sidewalks, then the infill property should have them. Sidewalks would be required when sidewalks were located on both sides of the infill property and also when located on one side of the infill property. Sidewalks would not be required when sidewalks were not constructed on both sides of the property. Council felt that the concept of the revised infill regulations was to update the Code, not to hinder infill development rather than develop a series of variances. Existing conditions should be matched. Consensus of Council was to follow the staff proposals for street trees and sidewalks. Lockley reviewed the setback requirements. Staff was recommending that the front setback be an average of the adjacent lots. Building separation would be consistent with the general character of the neighborhood. The proposed definition of infill development was also being revised. The current definition contained the phrase "underutilized" which was recommended for removal in the new definition. The existing language dealing with a 500 foot radius would be removed and replaced with language indicating development on two sides for corner lots and contiguous on at least three sides for interior lots. The revised definition would also contain City of Denton City Council Minutes April 10, 2007 Page 5 language indicating the infill could not be greater than two acres in size and was served with all or most public services and facilities, including but not limited to water, wastewater and drainage. An additional provision would state that property could not be replatted to less than two acres in order to meet the requirements for infill development. These proposed revisions to the infill development regulations would be reviewed by the Planning and Zoning Commission the next evening at a work session. Consensus of the Council was that if there were no major changes recommended by the Planning and Zoning Commission staff would develop the ordinance for Council consideration. If the Planning and Zoning Commission made major recommendations for changes, another Council work session would be needed. With no further business, the meeting was adj ourned at 6:15 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 17, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 17, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council received a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council held a discussion regarding the proposed 2007 Action Plan for Housing and Community Development and gave staff direction. Barbara Ross, Community Development Administrator, stated that the chairs of the two committees would be presenting the funding recommendations. Jan Hillman, Chair-Human Services Advisory Committee, reviewed the recommendation process. She indicated that the funding recommendations were listed in the agenda backup materials. The Committee reviewed requests for social services program funding and developed recommendations for use of both CDBG funds and City general fund dollars. She indicated that $241,090 was the recommended funding level for the next budget year. That amount included $106,434 in general fund dollars and $134,656 in CDBG dollars. Ed Touraine, Chair-Community Development Advisory Committee, reviewed the recommendation process for allocation of the funds. He indicated that there were more dollars available than what was requested and unfortunately, those dollars could not be moved to human service allocations. 2. There were no requests for clarification of agenda items listed on the agenda for April 17, 2007. The Council did not discuss the following in Closed Session: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consulted with attorneys regarding settlement of worker's compensation claim of Enrique Villagomez. Regular Meeting of the City of Denton City Council on Tuesday, April 17, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE Council and member of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes April 17, 2007 Page 2 There were no proclamations/presentations for this meeting. B. April Yard-of the-Month Awards Mayor McNeill presented Yard of the Month awards to: Carolyn Bellar Manuel Alonzo Jim and Debra robbers Dee Bailey 3. CONSENT AGENDA Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimous y. A. R2007-010 - A resolution allowing Denton Festival Foundation to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival on April 27 - 29, 2007, upon certain conditions; execute a three year agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). B. R2007-O11 - A resolution of the City Council of the City of Denton, Texas, confirming the acceptance of a Memorandum of Distribution to the City of Denton as beneficiary of a caboose as set forth in the "First Codicil to the Last Will and Testament of Walter S. Harpool" dated March 7, 2006; authorizing the City Manager to execute the Memorandum of Distribution and providing an effective date. C. 2007-080 - An ordinance accepting competitive bids and awarding atwo-year contract for the purchase of primary fuse enclosures for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3732-Two-Year Contract for Primary Fuse Enclosures Including Fuse Holders awarded to the overall lowest responsible bidder meeting specification, Wesco Distribution, in the estimated cumulative annual amount of $140,000). The Public Utilities Board recommended approval (5-0). D. 2007-081 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and Nationwide Retirement Solutions for the administration of a deferred compensation plan (457 plan), in accordance with Article 11 of the meet and confer contract between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. E. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Sally Beauty Company DCAD Supplemental Change 2006 $32,080.73 2. Title Texas, Inc Overpayment 2006 $ 760.67 City of Denton City Council Minutes April 17, 2007 Page 3 Name Reason Tax Amount Year 3. Morris, Marc & Birgit Overpayment 2006 $ 512.21 F. 2007-082 - An ordinance authorizing an agreement for abandoning and vacating a 0.433 acre public utility easement as established by Ordinance 91-122 recorded in Volume 3047 page 778, deed records of Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. (Northeast Corner - Mayhill Road/I-35 E South - Quik Trip). The Public Utilities Board recommended approval (5-0). G. 2007-083 - An ordinance abandoning and vacating a drainage easement tract from the Preserve at Pecan Creek, LTD., to the City of Denton recorded in Volume 4803 Page 555, real property records of Denton County, Texas, in the G. Walker Survey, Abstract No. 1330; and declaring an effective date. (Lakeview Blvd. Area-north of I-35E South-The Preserve Subdivision). The Public Utilities Board recommended approval (5-0). H. 2007-084 - An ordinance abandoning and vacating a public utility easement from Carrollton Investment Company to City of Denton recorded in Volume 575, Page 149 of the deed records of Denton County, Texas, in the M. Yoachum Survey, Abstract No.1442; and declaring an effective date. (East McKinney Street-Maple Leaf Homes Addition). The Public Utilities Board recommended approval (5-0). I. Approved the minutes of: March 27, 2007 April 2, 2007 April 3, 2007 April 5, 2007 J. 2007-085 - An ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2007 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Health and Human Services Commission and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. K. 2007-086 - An ordinance of the City of Denton, Texas approving a Compromise Settlement Agreement between Enrique Villagomez and the City of Denton; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. City of Denton City Council Minutes April 17, 2007 Page 4 4. PUBLIC HEARINGS A. The Council held a public hearing inviting citizens to comment on the City of Denton's 2007 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that this was the annual presentation of the Action Plan for 2007-2008 for community development block grant and home investment funding recommendations. Deputy Mayor Pro Tem Mulroy asked for a recap of the process for selection for funding organizations. Ross reviewed the process which included required public hearings at least two at two different times in the process. The public was asked how to best spend the funds. One meeting was provided in English and one in Spanish. This information was then shared with the City Council and the two committees. The public hearings were posted in newspaper, community development newsletter, churches, non-profit newsletters, etc. The application process was posted in the newspaper telling organizations on how to apply. The Committees held hearings, which were posted public meetings. This public hearing was the final step in the process. Deputy Mayor Pro Tem Mulroy commented that the public had ample opportunity to participate m t e process. The Mayor opened the public hearing. David Sanders -Span -indicated that Denton was experiencing tremendous and more funding would be needed in future years. The Mayor closed the public hearing. No action was required by Council on this item. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations/appointments to Boards, Commissions and Committees. 1. Public Art Committee -Mayor Pro Tem Kamp Mayor Pro Tem Kamp did not have a nomination at this time. 2. Zoning Board ofAdjustment -All Council Thomson nominated Salty Rishel as an alternate member to the Zoning Board of Adjustment. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes April 17, 2007 Page 5 B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Robert Donnelly regarding City business. b. Jordan Hudspeth regarding concerns of Southeast Denton. c. Lanisha Hudspeth regarding concerns of Southeast Denton. d. Hagar Hudspeth regarding concerns of Southeast Denton. e. Willie Hudspeth regarding concerns of Southeast Denton. No one was present for citizen reports. C. New Business 1. Mayor Pro Tem Kamp requested a work session regarding ways the City currently communicated with citizens. D. City Manager's Report City Manager Campbell did not have any items for Council. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no Closed Session continuation. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adj ourned at 6:45 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 23, 2007 After determining that a quorum was present, the City Council convened in a Closed Meeting on Monday, April 23, 2007 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Deputy Mayor Pro Tem Mulroy 1. The Council went into Closed Meeting at 4:02 p.m. to consider the following: A. Deliberations regarding real property -Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Deliberated the purchase and value of real property interests for a proposed Downtown Transit Station, which acquisition is for public purposes. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. Following the completion of the Closed Meeting at 4:30 p.m., the Council convened in a Special Called Meeting. 1. The Council considered adoption of an ordinance of the Denton City Council giving the City Manager or his designee the authority to submit a grant application to the Federal Transit Administration for the proposed Downtown Transit Center, identifying a specific site and providing the authority to request congressional assistance on the project timeline. Mark Nelson, Chief Transportation Officer, stated that this ordinance would designate a specific site for the downtown Transit site. It was recommended that the site be located at the corner of Railroad Street and Hickory Street. This location had good bus access and would provide for efficient transfer. Council Member Montgomery stated that this was for the bus terminal and not the rail transit ocatlon. The following ordinance was considered: N0.2007-087 AN ORDINANCE OF THE DENTON CITY COUNCIL GIVING THE CITY MANAGER OR HIS DESIGNEE THE AUTHORITY TO SUBMIT A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION FOR THE PROPOSED DOWNTOWN TRANSIT CENTER, IDENTIFYING A SPECIFIC SITE AND PROVIDING THE AUTHORITY TO REQUEST CONGRESSIONAL ASSISTANCE ON THE PROJECT TIMELINE. City of Denton City Council Minutes April 23, 2007 Page 2 Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 4:35 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider approval of an ordinance of the City of Denton, Texas, approving the 2008 Budget of the Denton Central Appraisal District, and providing an effective date. BACKGROUND The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within 30 days after its adoption by the appraisal District's Board of Directors. The Appraisal District's Board of Directors will meet on May 24, 2007, to discuss and adopt the budget. The proposed budget for 2008 is $9,933,075, which is $881,627 greater than the 2007 budget. The following is a summary of the major difference from the current year to the proposed year. • Personal services -increase of $538,714, includes a 3.3% cola increase and funding of Other Post Employment Benefits (OPEB). • Capital Outlay -increase of $103,850 for various office furniture improvements and $155,000 for building improvements. • Debt Service -increase of $213,423 for Appraisal District's primary computer system. The City's preliminary allocation based on the 2006 percentage of total levies is $345,529, which is $29,673 greater than the current year. FISCAL INFORMATION The City's allocation for the Appraisal District's 2008 Budget will be included in the 2007-08 Proposed General Fund budget. Estimated allocation is $345,529. EXHIBITS 1. Notice of Public Hearing 2. Proposed 2008 Budget 3. Ordinance Respectfully submitted, Jon Fortune Assistant City Manager Prepared by Gary Calmes Interim Treasury/Tax Manager Notice Of Public Hearing On Denton Central Appraisal District 2008 Budget The Denton Central Appraisal District will hold a public hearing on a proposed budget for the 2008 fiscal year. The public hearing will be held on May 24,~IID?,at 4:00 P.M. at 3911 Morse Street, Denton, Texas. A summary of the appraisal district budget follows: The total amount of the proposed budget. ~ x,933,074.60 The total amount of increase over the current year's budget. $ 88~,62~.3s The number of employees compensated under the proposed budget. 7a The number of employees compensated under the current budget. ~a The appraisal district is supported solely by payments from the local taxing units served by the appraisal district. If approved by the appraisal district board of directors at the public hearing, this proposed budget will take effect automatically unless disapproved by the governing bodies of the county, school districts, cities and towns served by the appraisal district. A copy of the proposed budget is available for public inspection in the office of each of those governing bodies. A copy is also available for public inspection at the appraisal district office. Denton Central Appraisal District 3911 Morse Denton, Texas 76208 (940)349-3800 Denton Central Appraisal District 2008 Budget ENTON ENTRAL PPRAISA~ (STRICT .3911 MORSE STREE?, P 0 BoX 2816. DENTON, TEXAS 7b202-2816 'WIWW.DENTONCAD.COM M EM0 T0: Taxing Jurisdictions Served By Denton CAD and The Denton CAD Board of Directors FROM: Joe Rogers, Chief Appraiser DATE: April 25, 2007 SUBJECT: Proposed 2008 Budget The Chief Appraiser's proposed 2008 Budget is hereby submitted. The proposed Budget was completed in accordance with the requirements of Texas Property Tax Code Sec. 6.06. A public hearing will be held on the proposed budget at ,4:00 PM, on May 24, 2007, .in accordance with Code Sec. 6.06 and 6.062. The .proposed budget totals $9,933,074.60. This amount is $881,627.38 greater than the anticipated 2007 fiscal year expenses of $9,051,.447.22. The increase in the 2008 Budget was driven primarily by growth in the district and the increasing demand for additional services from. the district by the public. With the growth in DCAD, the number of parcels has increased substantially which allowed us to have a minimal increase in the cost per parcel for 2008.. NOTE: The jurisdiction budget allocations are estimated amounts. 2006 levies are used for calculation purposes. Please be aware that your allocation will change depending on legislative changes and increase/decrease to your levy. rTT~~m_ inen~ men ~nnn ~,rr.mnn. fn~~~ nr_nn r. ev. innn~ ~~n ~nn~  rriVlvr,: lY4u) Joy--Ibvv ivm I ~V: kY /Z) -+J4-LavL rti.&: ~yt+v) jt-+y-jovl 2008 Revenues & Expenses SUMMARY OF 2007 REVENUES AND EXPENSES BUDGET AND COMPARISON TO THE 2008 REVENUES AND EXPENSES BUDGET 2007 2008 CLASSIFICATION BUDGET BUDGET REVENUES: FUNDING FROM JURISDICTIONS $8,901,447.22 $9,733,074.60 FUNDING FROM INTEREST, COPIES, MISC. $150,000.00 $200,000.00 $0.00 $0.00 TOTAL REVENUES $9,051,447.22 $9,933,074.60 EXPENSES: TOTAL BUDGETED EXPENSES $9,051,447.22 $9,933,074.60 TOTAL BUDGET $9,051,447.22 $9,933,074.60 Although the District's budget is increasing, the number of parcels that the District processes is increasing substantially, which drives the increased cost. The District's cost per parcel is actually decreasing. 2007 2008 +l- +l- YEAR YEAR CHANGE PERCENTAGE ACCOUNTS 361,000 389,924 28,924 8.01 BUDGET $9,051,447.22 $9,933,074.60 $881,627.38 9.74% COST PER PARCEL $25.07 $25.47 $0.401 1.60% As the information above indicates, the cost per parcel increased by 1.60%. Each year the District attempts to keep the cost per parcel to a minimal increase. ESTIMATED 2008 BUDGET ALLOCATIONSblORKSHEET OF DENTON OUT OF 2008 2006 TOTAL COUNTY COUNTY BUDGET 1URISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS SCHOOL DISTRICTS: SOl ARGYLE ISD $13,938,832.13 1.4590% $140,534.16 $140,534.16 802 AUBREY ISD $7,132,299.48 0.7465% $71,909.30 $71,909.30 SOS DENTON ISD $135,035,952.05 14.1342% $1,361,460.11 $1,361,460.11 807 KRUM ISD $10,893,413.60 1.1402% $109,829.63 $109,829.63 808 LAKE DALLAS ISD $20,470,954.38 2.1427% $206,392.35 $206,392.35 809 LEWISVILLE ISD $320,919,585.76 33.5906% $3,235,576.95 $3,235,576.95 810 LITTLE ELM ISD $22,248,845.78 2.3288% $224,317.42 $224,317.42 511. NORTHWEST ISD $129,810,232.61 13.5872% $1,308,773.33 $83,500.00 $1,392,273.33 S 12 PILOT POINT ISD $7,084,527.10 0.741 S% $71,427.65 $16,250.00. $87,677.65 S 13 PONDER ISD $12,593,619.21 1.3182% $126,971.45 $126,971.45 814 BANGER ISD $10,469,093.36 1.0958% $105,551.54 $105,551.54 SCHOOL DISTRICTS TOTALS $690,597,355.46 72.2847% $6,962,743.89 $99,750.00 $7,062,493.89 GO1 DENTON COUNTY $101,528,025.23 10.6269% $1,023,626.33 $1,023,626.33 CITIES; C26 CITY OF ARGYLE....... $1,225,812.85 0.1283% $12,358.90 $12,358.90 COl CITY OF AUBREY....... $556,838.62 0.0583% $5,614.16 $5,614.16 C31 CITY OF BARTONVILLE.. $341,174.71 0.0357% $3,439.79 $3,439.79 C42 CITY OF DISH $62,413.33 0.0065% $629.26 $629.26 C03 CITY OF THE COLONY... $13,437,472.64 1.4065% $135,479.35 ~ $135,479.35 C04 CITY OF CORINTH...... $7,189,974.70 0.7526% $72,490.80 $72,490.80 C27 TOWN OF COPPER CANYON $243,110.02 0.0254% $2,451.08 $2,451.08 COS CITY OF DENTON....... $34,271,158.47 3.5872% $345,528.83 $345,528.83 C30 TOWN OF DOUBLE OAK... $613,982.39 0.0643% $6,190.30 $6,190.30 C07 TOWN OF FLOWER MOUND. $25,646,597.39 2.6844% $258;574.24 $258,574.24 C22 TOWN OF HACKBERRY.... $66,010.00 0.0069% $665.53 $665.53 C19 TOWN OF HICKORY CREEK $978,629.57 0.1024% $9,866.74 $9,866.74 COS CITY OF HIGHLAND VILLAGE $7,633,933.20 0.7990% $76,966.88 $76,966.88 C09 CITY OF NSTIN....... $732,652.27 0.0767% $7,386.75 $7,386.75 C18 CITY OF KRUGERVILLE.. $199,203.04 0.0209% $2,008.41 $2,008.41 C10 CITY OF KRUM......... $855,046.35 0.0895% $8,620.75 $8,620.75 C11 CITY OF LAKE DALLAS.. $1,944,616.07 0.2035% $19,606.02 $19,606.02 C2S TOWN OF LAKEWOOD VILLAGI $142,724.66 0.0149% $1,43 8.98 $1,43 8.98 C12 .CITY OF LEWISVILLE... $26,674,882.93 2.7921% $268,941.63 450.67 $269,392.30 C13 TOWN OF LITTLE ELM... $5,542,32$.80 0.5801% $55,878.89 $55,878.89 C23 CITY OF MARSHALL CREK $44,962.94 0.0047% $453.33 $453.33 C33 TOWN OF NORTHLAKE.... $354,183.57 0.0371% $3,570.95 $3,570.95 C24 CITY OF OAK POINT.... $1,203,822.92 0.1260% $12,137.19 $12,137.19 C 14 CITY OF PILOT POINT.. $1,057,3 82.25 0.1107% $10,660.74 $10,660.74 C15 TOWN OF PONDER....... $317,810.58 0.0333% $3,204.23 $3,204.23 C17 CITY OF ROANOKE...... $3,747,549.81 0.3923% $37,783.56 $37,783.56 C16 CITY OF BANGER....... $2,009,937.89 0.2104% $20,264.61 $20,264.61 C34 TOWN OF SHADY SHORES $559,084.66 0.0585% $5,636.50 $5,636.50 C28 CITY OF TROPHY CLUB.. $2,882,785.33 0.3017% $29,064.83 $29,064.83 CITIES TOTALS $140,536,051.97 14.7099% $1,416,913.23 $450.67 $1,417;363.90 ESTIMATED 2008 BUDGET ALLOCATIONSblORKSHEET OF DENTON OUT OF 2008 2006 TOTAL COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY $226,861.05 0.0237% $2,287.26 $2,287.26 ~W07 CORINTH MUD $226,096.17 0.0237% $2,279.88 $2,279.55 LO1 DENTON COUNTY LEVY IMPROVEMENT DIST #l. $684,399.26 0.0716% $6,900.25 $6,900.25 WOS TROPHY CLUB MUD #2 $1,075,450.01 0.1126% $10,842.91 $10,842.91 RUD DENTON COUNTY ROAD & UTILITY DISTRICT #1. $3,477,392.79 0.3640% $35,059.79 $35,059.79 W03 ,TROPHY CLUB MUD.# 1 $1,276,217.66 0.1336% $12,867.09 $478.63 $13,345.72 W10 DENTON CO. FRESH WATER DIST #1B $2,360,743.23 0.2471% $23,801.50 $23,801.50 W11 DENTON CO. FRESH WATER DIST # 1C $80,858.25 0.0085% $815.23 $815.23 W12 DENTON CO. FRESH WATER DIST. #1D $1,570,178:80. 0.1644% $15,830.86 $15,830.86 W13 DENTON CO. FRESH WATER DIS #6 $3,833,387.62 0.4012% $38,649.00 $38,649.00 W15 DENTON CO. FRESH WATER DIST. # 1 E $1,444,823.54 0.1512% - $14,567.01 $14,567.01 W16 DENTON CO. FRESH WATER DIST. #9 $1,937,226.58 0.2028% $19,531.51 $19,531.51 W 17 DENTON CO. FRESH WATER DIST. # 10 $1,444,458.31 0.1512% $14,563.32 $14,563.32 W 18 DENTON CO. FRESH WATER DIST. #8A $87,887.03 0.0092% $886.10 $886.10 W 19 DENTON CO. FRESH WATER DIST. #8B $925,660.90 0.0969% $9,332.70 $9,332.70 W20 DENTON CO. FRESH WATER DISTRICT 1 lA $229,637.01 0.0240% $2,315.25 $2,315.25 W 21 DENTON CO FRESH WATER DISTRICT #7 $382,312.76 0.0400% $3,854.56 $3,854.56 W22 DENTON CO MUD #4 $792,636.00 0.0830% $7,991.52 $7,991.52 W23 DENTON CO MUD #5 $48,380.91 0.0051% $487.79 $487.79 W 24 DENTON CO. FRESH WATER DIST. #8C $526,477.88 0.0551% $5,308.06 $5,308.06 W26 DENTON CO. FRESH WATER 4-A $9,536.46 0.0010% $96.15 $96.15 W 27 OAK POINT WATER CO. #1 $29,925.97 0.0031% $301.72 $301.72 W 28 OAK POINT WATER CO. #2 $53,829.60 0.0056% $542.72 $542.72 SPECIAL DISTRICTS TOTALS $22,724,377.77 2.3786% $229,111.85 $478.63 $229,590.48 GRAND TOTALS $955,385,810.43 100.0000% $9,632,395.30 $100,679.30 $9,733,074.60 208 BUDGET SUMMARY 2007 2008 ACCT ACCOUNT TITLE BUDGET BUDGET 500 PERSONNEL SERVICES 5110 SALARIES $3,911,207.76 $4,240,036.69 5120 LONGEVITY PAY $86,921.00 $84,761.00 5130 SOCIAL SECURITY (FICA) $295,677.69. $325,683.27 5140 RETIREMENT (TCDRS) $472,337.66 $571,787.98 5150 WORKERS' COMP INSURANCE $37,337.64 $41,637.35 5160 GROUP HEALTH INSURANCE $681,037.78 $759,327.61 TOTAL 5100 -PERSONNEL SERVICES $5,484,519.53 $6,023,233.91 5200 EDUCATION & TRAINING 5210 MEMBERSHIPS, SUBSCRIPTIONS & DUES $18,519.20 $19,909.20 5220 TRAINING -SCHOOLS, CONFERENCES, AND TRAVEL $108,704.00 $108,704.00 TOTAL 5200 -EDUCATION & TRAINING $127,223.20 $128,613.20 5300 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $100,980.00 $110,550.00 5315 OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $320,900.00 $320,900.00 5320 GIS SERVICES $36,265.00 $36,265.00 5325. LEGAL SERVICES $200,000.00 $225,000.00 5330 AUDIT & PAYROLL PROCESSING $20,500.00 $20,500.00 5340 DEEDS, SALES, AND VALUE INFORMATION $138,125.47 $138,890.82 5345 AUTO EXPENSE REIMBURSEMENT $337,518.00 $355,985.77 5350 GENERAL INSURANCE $38,223.51 $38,335.62 5360 PRINTING SERVICE $81,826.40 $89,819.10 5370 POSTAGE & FREIGHT $172,164.00 $192,060.55 5380 LEGAL NOTICES & ADVERTISING $26,000.00 $26,000.00 5390 OFFICE SUPPLIES $80,490.00 $84,640.00 TOTAL 5300 -SERVICES RECEIVED $1,552,992.38 $1,638,946.86 5400 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $25,200.00 $27,700.00 5420 INFORMATION SERVICES MAINTENANCE $488,794.00 $445,804.00 5430 .ELECTRICITY, WATER, SEWER, & SOLID WASTE $144,000.00 $155,000.00 5440 TELEPHONE $147,123.60 $97,145.04 5450 BUILDING & GROUNDS MAINTENANCE $137,897.00 $142,945.00 TOTAL 5400 - UTILITIES & MAINTENANCE $943,014.60 $868,594.04 5500 CAPITAL OUTLAY .5510 FURNITURE & EQUIPMENT $35,255.00 $89,105.00 5520 BUILDING & LAND IMPROVEMENTS $105,000.00 $155,000.00 TOTAL 5500 -CAPITAL OUTLAY $140,255.00 $244,105.00 5600 MISCELLANEOUS 5610 CONTINGENCY $79,999.07 $90,514.47 5620 MISCELLANEOUS $37,075.00 $39,275.00 TOTAL 5600 -MISCELLANEOUS $117,074.07 $129,789.47 5900 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $160,194.46 $160,194.46 5920 EQUIPMENT PAYMENTS $526,173.98 $739,597.66 TOTAL 5900 -DEBT SERVICE $686,368.44 $899,792,12 TOTAL DEPT #105 -OVERHEAD $9,051,447.22 $9,933,074,60 5/112007 i WOho01Ar r 00 O O OOOONhNOW00 O OOOeI'O d' 00 O h0 h 1010 N O 100N09M10 Q~ NO N O 000O00PtOrt000 O 00000 O 00 O 'd;0 '~0D r ~ 10 e• M I~ I~ t~ M ~ er M O O w o O o W W Qi O o O 0D 0 et O to W ~ iA O 1A et W 0) et h N et M 10 00 O M N M O O r W O c0 O O CA 00 M r 10 O et et O O O 'd' a O O O O r h 00 Oi W O h JOW OI~tDl~1DM N Oh fa i0 W N O WODO~M000010 W h OD OrQ! 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W N U W Q W Z Q ~ J W m H ZU E:.Z o~ 0- yWy F- W WH~3 ~ W F- 0 i- E„ QZ J a0 Z W~~ ~ ~ UZ W a H> > W Z U Q ~4 W ~9~U 0 aH UJ~ W y Z-yy g z0 0 Z W > Z Oy a aW y W~ a ~y ~ ~V ~Ny~ 0 Zyy a pm ~ Z d'>~V E'G V 2~Ud' ~ W ,'~a. Q J aZ y Q ..tL'Zy mJ 0 dp- =a W a.~ Oj y.p-z y Q~0 U Wiz- JZWZWU' ofS > HZ~f' Z ~ ~ W aW H U~ F-Un'- ~ ~y0 > >W 1- yJaZaU- y ~ Z_WWa ~ J p d y y N G~ m UW W ~ = G ljJ~ a W ~-WyW W y 0 H a~Z a > > Z} W 0. fA W UW~~ UONW>>~WJ y a~ 3 ~ ~ .JWa V } ~ Waa D a y a vO H ~ d U ~ W~ a J y-~ W y y~ LL U 0. ~ G. Z 0 0 J d~~UJ ~ N W a W>} Z W 0 F-OtSJ ~ WUW ~ UJa W }UZ. a O Z= o ~J t U ~a"~W?Na~F-a. o ~OF- W~ o ~W~ O ZZZ o >a~E' o Z y H W W y W ~ O y N y a W a a d J W 0~ M S O H Z ~ 0~ a Q W a ~ ~ Z ~ W y~~t w F~0 a WyN y yx U Zy 1A yW a- O0 ~0 J~0 ~p JOJ OW W Z_WJWWa WZ U-aH~ WaZO W WWg~2Z Z W WZ a OZ a~Y= J amZ a J W JF.y ~~aJU J H U B f- 4. ~ ~E-0 J WZ~j J y-a J C7 yac~-_~ a U a >~o-ya_ooW ~a_ a UW a z a ~ a a ~ WQOOWO~ ~ QW- H ~dJE'y(~OWI-2?tA(gu. F- '~ti~WJJ i- d~J H NZN H mJ~ F- ~ dyJy~3c7 t- w~~ ~ yQ0'C1JQoa(9aaJ0 ~ ~0?wHm ~ U~m ~ ~U~ ~ Gmw ~ m 1` F"looooo00 000 oow owooaooooo 000000 000 000 000 G UOrNM~~010 OrN Or r N NMetetWlphOp01 O r NM et W OrN OrN OrN flrrrrrrr NNN MM 1r/ M MMMMM1+fMMM lfi e!' of eF a? e~ ~e~e~e semen Ter,  v Qlawwwwww to ww to aLO aaawwwwwww www96 w16 aaib aaa aaa N 2008 BUDGET 500 -PERSONNEL SERVICES 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5110 -SALARIES $3,911,207.76 $4,240,036.69 $328,828.93 FULL-TIME SALARIES ADJUSTMENTS $4,240,036.69 PART-TIME SALARIES TOTAL ACCOUNT #5110 $4,240,036.69 ACCT #5120 -LONGEVITY PAY $86,921.00 $84,761.00 ($2,160.00) DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY. LONGEVITY IS CALCULATED AS FOLLOWS: 1-10 YEARS OF SERVICE: $10 PER MONTH FOR ' EACH YEAR OF SERVICE 11-20 YEARS OF SERVICE: $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE: $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $84,761.00 ACCT #5130 -SOCIAL SECURITY (FICA) $295,677.69 $325,683.27 $30,005.58 SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART-TIME SALARIES AND LONGEVITY. TOTAL ACCOUNT #5130 $325,683.27 ACCT #5140 -RETIREMENT (TCDRS) ~ $472,337.66 $571,787.98 $99,450.32 RETIREMENT IS APPLICABLE ONLY TO FULL-TIME EMPLOYEES. TOTAL ACCOUNT #5140 $571,787.98 ACCT#5150 -WORKERS' COMP INSURANCE $37,337.64 $41,637.35 $4,299.71 THE DISTRICT PAYS WORKERS' COMPENSATION PREMIUMS ON ALL FULL AND PART-TIME EMPLOYEES. TOTAL ACCOUNT #5150 $41,637.35 ACCT #5160 -GROUP HEALTH INSURANCE $681,037.78 $759,327.61 $78,289.83 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL-TIME EMPLOYEES. TOTAL ACCOUNT #5160 $759,327.61 TOTAL 5100 -PERSONNEL SERVICES $5,484,519.53 $6,023,233.91 $538,?14.38 2008 BUDGET 5200 -EDUCATION & TRAINING 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT#5210 - MEMBERSHIPS, SUBSC & DUES $18,519.20 $19,909.20 $1,390.00 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES, AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA. TOTAL ACCOUNT #5210 $19,909.20 ACCT #5220 -TRAINING -SCHOOLS, CONFERENCES 8~ TRAVEL $108,704.00 $108,704.00 $0.00 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL. TOTAL ACCOUNT #5220 $108,704.00 TOTAL 5200 -EDUCATION & TRAINING $127,223.20 $128,613.20 $1,390.00 2008 BUDGET . 5300 -SERVICES RECEIVED 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT#5310 -APPRAISAL REVIEW BOARD $100,980.00 $110,550.00 .$9,570.00 THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 19 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5310 $110,550.00 ACCT #5315.OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $320,900.00 $320,900.00 $0.00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES. IT IS A BID ITEM. THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT. TOTAL ACCOUNT #5315 $320,900.00 ACCT #5320 - GIS SERVICES $36,265.00 $36,265.00 $0.00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE GIS DEPARTMENT. TOTAL ACCOUNT #5320 $36,265.00 ACCT #5325 -LEGAL SERVICES $200,000.00 $225,000.00 $25,000.00 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5325 $225,000.00 ACCT #5330 - AUDIT ~ PAYROLL PROCESSING $20,500.00 $20,500.00 $0.00 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT AND FOR PAYROLL PROCESSING. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5330 $20,500.00 ACCT #5340 -DEED, SALES, AND VALUE INFORMATION $138,125.47 $138,890.82 $765.35 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP, SALES AND VALUE INFORMATION. TOTAL ACCOUNT #5340 $138,890.82 ACCT #5345 -AUTO EXPENSE REIMBURSEMENT $337,518.00 $355,985.77 $18,467.77 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES. TOTAL ACCOUNT #5345 $355,985.77 2008 BUDGET 5300 -SERVICES RECEIVED (continued) 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5350 -GENERAL INSURANCE $38,223.51 $38,335.62 $112.11 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATION IS CHARGED TO THIS ACCOUNT. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5350 $38,335.62 ACCT #5360 -PRINTING SERVICES $81,826.40 $89,819.10 $7,992.70 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED.. ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5360 $89,819.10 ACCT #5370 -POSTAGE AND FREIGHT $172,164.00 $192,060.55 $19,896.55 THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5370 $192,060.55 ACCT #5380 -LEGAL NOTICES 8~ ADVERTISING $26,000.00 $26,000.00 $0.00 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS, OVER-65, DISABLED VETERANS, AND PRODUCTIVITY VALUATION MATTERS. OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES, MISCELLANEOUS, CLASSIFIED ADVERTISING, AND INVITATIONS TO BID. . THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5380 $26,000.00 ACCT #5390 -OFFICE SUPPLIES $80,490.00 $84,640.00 $4,150.00 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS. TOTAL ACCOUNT #5390 $84,640.00 TOTAL 5300 -SERVICES RECEIVED $1,552,992.38 $1,638,946.86 $85,954.48 2008 BUDGET 5400 -UTILITIES AND MAINTENANCE 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5410 -OFFICE EQUIPMENT MAINTENANCE $25,200.00 $27,700.00 $2,500.00 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER, PERIPHERAL DEVICES, AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT. TOTAL ACCOUNT #5410 $27,700.00 ACCT#5420 -INFORMATION SERVICES MAINTENANCE $488,794.00 $445,804.00 ($42,990.00) THIS ACCOUNT IS COMPRISED OF BOTH COMPUTER HARDWARE AND SOFTWARE MAINTENANCE. BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THE TOTAL COST OF AUTOMATION MAINTENANCE WILL BE SHOWN IN ONE ACCOUNT. THIS ACCOUNT IS APPLICABLE TO THE INFORMATION SERVICES AND GIS DEPARTMENTS. TOTAL ACCOUNT #5420 $445,804.00 ACCT #5430 -ELECTRICITY, WATER, SEWER AND SOLID WASTE $144,000.00 $155,000.00 $11,000.00 THIS BUDGET ITEM IS FOR THE DISTRICT'S UTILITIES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5430 $155,000.00 ACCT#5440- TELEPHONE $147,123.60 $97,145.04 ($49,978.56) THIS BUDGET ITEM IS FOR THE DISTRICT'S TELEPHONE EXPENSE. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5440 $97,145.04 ACCT #5450 -BUILDING AND GROUNDS MAINTENANCE $137,897.00 $142,945.00 $5,048.00 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5450 $142,945.00 TOTAL 5400 -UTILITIES AND MAINTENANCE $943,014.60 $868,594.04 ($74,420.56) 2008 BUDGET 5500 -CAPITAL OUTLAY 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5510 -FURNITURE AND EQUIPMENT $35,255.00 $89,105.00 $53,850.00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5510 $89,105.00 ACCT #5520 -BUILDING AND LAND IMPROVEMENTS $105,000.00 $155,000.00 $50,000.00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5520 $155,000.00 TOTAL 5500 -CAPITAL OUTLAY $140,255.00 $244,105.00 $103,850.00 .2008 BUDGET 5600 -MISCELLANEOUS 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5610 -CONTINGENCY $79,999.07 $90,514.47 $10,515.40 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED .FOR UNANTICIPATED EXPENDITURES. ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5610 $90,514.47 ACCT #5620 -MISCELLANEOUS $37,075.00 $39,275.00 $2,200.00 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT, TOTAL ACCOUNT #5620 $39,275.00 TOTAL 5600 -MISCELLANEOUS $117,074.07 $129,789.47 $12,715.40 2008 BUDGET 5900 -DEBT SERVICE 2007 2008 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT#5910 -BUILDING AND LAND PAYMENTS $160,194.46 $160,194.46 $0.00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDINGS AND LAND NOTES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5910 $160,194.46 ACCT #5920 -EQUIPMENT PAYMENTS $526,173.98 $739,597.66 $213,423.68 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM AND EQUIPMENT PAYMENTS. THIS ACCOUNT IS APPLICABLE ONLY TOTHE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5920 $739,597.66 TOTAL 5900 -DEBT SERVICE $686,368.44 $899,792.12 $213,423.68 DEPARTMENT TOTAL $9,051,447.22 $9,933,074.60 $881,627.38 2008 CAPITAL EXPENSES DEPT #101- ADMINISTRATION (1) LAPTOP. COMPUTER QUANTITY UNIT PRICE 1 X $ 2,000.00. _ $ 2,000.00 ADMINISTRATION TOTAL = $ 2,000.00 DEPT #102 -CUSTOMER SERVICE (1) TELEPHONE HEADSETS QUANTITY UNIT PRICE 4 X $ 300.00 = $ 1,200.00 (2) SMALL LASER PRINTERS QUANTITY UNIT PRICE 2 X $ ..800.00 = $ 1,600.00 (3) COLOR LASER PRINTER QUANTITY UNIT PRICE 1 X $ 3,500.00 = $ 3,500.00 (4) SCANNERS QUANTITY UNIT PRICE 2 X $ 2,100.00 = $ 4,200.00 CUSTOMER SERVICE TOTAL = $10,500.00 DEPT #105 -OVERHEAD (1) MISCELLANOUS QUANTITY UNIT PRICE 1 X $ 2,000.00 = $ 2,000.00 (2) REMODEL PROJECTS AT 3901 AND 3911 MORSE STREET = $155,000.00 OVERHEAD TOTAL = $157,000.00 DEPT #102 -COMMERCIAL (1) ELECTRIC STAPLER QUANTITY UNIT PRICE 2 X $140.00 = $280.00 (2) SHELVING FOR WORKROOM QUANTITY UNIT PRICE 1 X $300.00 = $300.00. (3) COMPUTER FIELD DEVICE QUANTITY UNIT PRICE 3 X $6,500.00 = $19,500.00 (4) FIELD DEVICES -MAINTENANCE QUANTITY UNIT PRICE 3 X $500.00 = $ 1,500.00 (5) DESKTOP SCANNER QUANTITY UNIT PRICE 1 X $125.00 = $125.00 COMMERCIAL TOTAL = $ 21,705.00 DEPT #202 -SALES AND RESEARCH QUANTITY ~ UNIT PRICE 1 X $ 1,500.00 = $ 1,500.00 SALES & RESEARCH TOTAL= $ 1,500.00 DEPT #203 -PERSONAL PROPERTY (1) MISCELLANEOUS QUANTITY UNIT PRICE 1 X $ 3,000.00 = $ 3,000.00 PERSONAL PROPERTY TOTAL = ~ ~ $3,000.00 DEPT #204 -RESIDENTIAL (1) DIGITAL CAMERA (REPLACEMNET ) QUANTITY UNIT PRICE. 3 X $ 300.00 = $ 900.00 (2) BATTERIES AND CHARGERS FOR CAMERAS QUANTITY UNIT PRICE 1 X $ 250.00 = $ 250.00 (3) SCANNER QUANTITY UNIT PRICE 1 X $ 800.00 = $ 800.00 (4) LASER PRINTERS QUANTITY UNIT PRICE 1 X $ 1,200.00 = $ 1,200.00 (5) FIELD DEVICES - QUANTITY UNIT PRICE 6 X $ 6,500.00 = $ 39,000.00 (6) FIELD DEVICES -MAINTENANCE QUANTITY UNIT PRICE 6 X $ 500.00 = $ 3,000.00 (7) DISTO A6 LASER MEASURING DEVICE QUANTITY UNIT PRICE 5 X $ 650.00 = $ 3,250.00 RESIDENTIAL TOTAL = 48,400.00 2008 SALARY SCHEDULE 2008 DEPT. TITLE SALARIES #101 ADMINISTRATIVE CHIEF APPRAISER $119,622.27 DEPUTY CHIEF APPRAISER $109,358.87 DIRECTOR OF FINANCE $80,502.28 .SUPPLEMENT & AGENT COORDINATOR $44,711.86 ADMINISTRATIVE ASSISTANT $44,711.86 MAINTENANCE EMPLOYEE $37,085.19 PART-TIME $7,201.84 ADMINISTRATIVE TOTAL: $443,194.15 #102 CUSTOMER SERVICE DIRECTOR OF CUSTOMER SERVICE $80,502.26 SR. MAPPINGIGIS TECHNICIAN $43,196.93 MAPPINGIGIS TECHNICIAN III $38,197.61 MAPPINGIGIS TECHNICIAN III $38,197.fi1 MAPPINGIGIS TECHNICIAN III $38,197.61 MAPPING TECHNICIAN II $35,329.90 .MAPPING TECHNICIAN II $35,329.90 MAPPING TECHNICIAN I $33,573.85 MAPPING TECHNICIAN I $33,573.85 GIS COORDINATOR $70,260.34 GIS ANALYST $51,598.26 EXEMPTION SPECIALIST/TRAINER $48,123.25 CUSTOMER SERVICE SPECIALISTlTRAINER $38,197.80 CUSTOMER SERVICE. SPECIALIST $33,573.85 CUSTOMER SERVICE SPECIALIST $33,573.85 CUSTOMER SERVICE SPECIALIST $33,573.85 CUSTOMER SERVICE SPECIALIST $33,573.85 CUSTOMER SERVICE SPECIALIST $33,573.85 CUSTOMER SERVICE SPECIALIST $33,573.85 PART TIME $46,316.48 APPRAISAL SUPPORT TOTAL : $832,038.78 #104 INFORMATION SERVICES DIRECTOR INFORMATION SERVICES $111,762.85 SYSTEM ADMINISTRATOR $68,194.55 DATABASE ADMINISTRATOR $64,075.98 IS SUPPORT SPECIALIST $48,122.99 INFORMATION SERVICES TOTAL : $292,156.37 #201 COMMERCIAL COMMERCIAL MANAGER $80,502.13 COMMERCIAL SUPERVISOR $68,194.62 COMMERCIAL SUPERVISOR $68,194.62 COMMERCIAL APPRAISER $55,317.94 COMMERCIAL APPRAISER $55,317.94 COMMERCIAL APPRAISER $55,317.94 COMMERICAL. APPRAISER $55,317.94 COMMERICAL APPRAISER $55,317.94 SR. COMM. APPRAISAL SUPPORT $37,085.70 PART TIME $4,959.22 COMMERCIAL TOTAL : $535,525.97 ~ 2008 SALARY SCHEDULE (continued) 2008 DEPT. TITLE SALARIES #202 SALESIRESEARCH DEPARTMENT SALES & RESEARCH MANAGER $80,502.28 SALES & RESEARCH SUPERVISOR $68,194.79 APPRAISAL SUPPORT $33,573.85 $20,367.26 SALES AND RESEARCH TOTAL : $202,638.18 #203 PERSONAL PROPERTY PERSONAL PROPERTY MANAGER $80,502.28 PERSONAL PROPERTY SUPERVISOR $68,194.57 PERSONAL PROPERTY APPRAISER $55,317.36 PERSONAL PROPERTY APPRAISER $55,317.36 PERSONAL PROPERTY APPRAISER $55,317.36 PERSONAL PROPERTY APPRAISER $55,317.36 SR. PER PROP APPRAISAL SUPPORT $37,085.70 APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 PART TIME $41,322.78 PERSONAL PROPERTY TOTAL : $515,522.46 #204. RESIDENTIAL RESIDENTIAL MANAGER $80,502.28 RESIDENTIAL SUPERVISOR $64,076.19 RESIDENTIAL SUPERVISOR $64,076.19 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.74 SENIOR APPRAISER $51,598.88 SENIOR APPRAISER $51,598.74 RESIDENTIAL PROPERTY APPRAISER $48,123.39 RESIDENTIAL PROPERTY APPRAISER $48,123.39 RESIDENTIAL PROPERTY APPRAISER $44,953.11 RESIDENTIAL PROPERTY APPRAISER $44,953.11 SENIOR APPRAISAL SUPPORT $38,197.69 APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 .APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 APPRAISAL SUPPORT $33,573.85 PART-TIME $30,995.25 RESIDENTIAL TOTAL: $1,163,406.40 TOTAL SALARIES:. ~'~~4,4 s:laur docnment~lardinar~ces~~7120~8 den central appraisal dirt budget.doc ~~DANE ~F THE QTY DENTDN, TEA, ApPR~~IlVr T'HE 2~OS BUDGET ~F THE DENTIN CENTRAL A~PRAI~AL DYTRIT; AND PR~IDIl~~ AN EFETIE DATE. IEREA, e 2~~8 proposed budget of the Denton Central Appraisal District vas suhn~itted to the its of Denton on ,April ~5, ~~~7; and HEREA, the proposed budget contains a list showing each proposed y11{-{J,os~tian the 4 • . + + proposed salary for the pasltlon, atl benefits proposed far the pas~t~on, each pro aced ea Ytal p P expenditure, and an estimate of the amount of the budget that mill be allocated to the Ci of Denton, Teas; N~, THEREFORE, THE ~UNIL ~F THE QTY ~F DE'~ON HEREBY ORDAINS: SE~TI~N 1. The pity council, pursua~.t to Article ~,0~ of the Teas Tax bode approves the 20a proposed budget ofthe Denton er~tral Appraisal District, SET~DN Thrs ~rdlnance shah becvn~e effective lrned~ately u on its assn a and p p g approval, PASSED AND A~FR~~ED this the dad of 2~~7. PERRY cNE~L, l1~AYDR A'fTET: JENNIFER SALTERS, CITY SECRETARY BY; APPRED AS T~ LEGAL EDP ITY T~RNEY BY;  i AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ~ SUBJECT - Z07--0008 (Eagle Crossing) Hold a public hearing and consider the adoption of an ordinance to rezone approximately 3.3 acres from a Downtown Residential 1(DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. The property is located on the west side of Carroll Boulevard, south of Eagle Drive and north of Collins Street. The Planning and Zoning Commission recommends approval of the request (7-0). BACKGROUND Applicant: Elk River Investments, Inc. Denton, TX The applicant is requesting a zoning change from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district on an approximately 3.3- acre tract of land. The subject property is comprised of six lots, under single ownership. The subject property is located on the west side of Carroll Boulevard, south of Eagle Drive and north of Collins Street. The applicant intends to develop the site with retail and/or office uses. The applicant held a neighborhood meeting on April 9, 2007. Approximately 12 people attended the meeting and asked questions regarding site design and traffic impacts. The main concern of the neighboring residents was the buffering between the subject site and the adjacent residential uses to the west. The residents requested an eight foot fence be constructed between the subject site and the residential properties on Cleveland Street. The Planning and Zoning Commission held a public hearing on April 11, 2007, and recommended approval of the zoning change request, with the condition that an eight foot fence be constructed on the western boundary of the subject property. The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all residents within 200 feet of the subject property; as of this writing, staff has received one response in opposition, six responses in favor, and one response neutral to the request. The percentage of land within the 200-foot notification limit in opposition to the zoning change is 4.3%. PRIOR ACTION/REVIEW The Planning and Zoning Commission held a public hearing on April 1 1, 2007. OPTIONS 1. Recommend Approval as submitted. 2. Recommend Approval subj ect to conditions. 3. Recommend Denial. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this rezoning request with the condition that an 8-foot high fence on the western boundary of the property be constructed. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Information 7. Letter From Applicant 8. Site Photographs 9. Responses to Notice of Public Hearing 10. Planning and Zoning Commission Minutes, April 1 1, 2007 11.Ordinance Respectfully submitted: _ T 'k I ~ ~ I I I' 1~ I Brian Lockley, AICP Interim Director, Planning and Development Prepared by: w 1' I ' 1 Jane Gurney, Planner I 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF A1VAL YSIS CASE NO.: Z07-0008 DATE TO BE CONSIDERED: May 15, 2007 LOCATION: The subject property is located on the southwest corner of Carroll Boulevard and Eagle Drive. APPLICANT: Elk River Investments, Inc. 2925 Country Club Road, Suite 101 Denton, TX 76210 OWNER: VPS Partners, Ltd. 104 W. Oak Street Denton, TX 76201 REQUEST: Consider the adoption of an ordinance to rezone approximately 3.3 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this zoning change request (7-0), with the condition that an 8-foot high fence on the western boundary of the property be constructed. COMPREHENSIVE Downtown University Core PLAN DESIGNATION: SITE AND The property is comprised of six lots located on the west side of SURROUNDINGS: Carroll Boulevard, south of Eagle Drive and north of Collins Street, and is currently zoned Downtown Residential 1 (DR-1). All six lots are under single ownership. Approximately half of the property is undeveloped, and the remainder includes five existing houses. North: Downtown Residential 1 and 2 (DR-l, DR-2); IOOF Cemetery, commercial and residential development South: Downtown Commercial Neighborhood (DC-N); Exchange at North Texas Apartments East: Downtown Commercial General (DC-G); QuikTrip, Eagle Point Shopping Center West: Downtown Residential 1 (DR-1) and Downtown Commercial General (DC-G); Single Family residences in the Paul Hamilton Addition BACKGROUND The applicant has entered into a contract to purchase the subject INFORMATION: property and requests a rezoning to facilitate the development of the site with retail office related uses. 3 Comprehensive Plan The property is located in a Downtown University Core future land Analysis: use district. The requested change is consistent with this land use designation. The Downtown University Core District is defined by the Denton Plan as "Specified commercial areas of the downtown university core district should be places of great vitality, with a mix of education, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. It includes different uses which may occur on each floor of the building." Development The requested zoning district, Downtown Commercial General (DC- Code/Zoning Analysis G), permits more commercial and industrial land uses than the existing zoning, Downtown Residential 1 (DR-1) zoning district. Many of the commercial and industrial uses that may occur in a DC- G zoning district, including Vehicle Repair and Quick Vehicle Servicing, Auto and RV sales, and Commercial Parking Lots are subject to limitations and/or require Specific Use Permits. DR-1 zoning districts permit single-family homes and duplexes, while DC- G zoning districts prohibit these uses but permit multifamily dwellings and attached single-family dwellings. If the zoning change is granted, the development of the project will be subject to the general regulations of the Downtown Commercial General (DC-G) zoning district, as well as the site design standards of the Denton Development Code. General regulations that will apply to the requested zoning district include a requirement fora 20-foot setback from the properties to the west (residential uses and a residential zoning district). If the building heights exceed 30 feet on the subject property, and additional setback of 1 foot for each foot of building height over 30 feet will be required. The maximum lot coverage for the DC-G zoning district is 85%, and the minimum landscaped area required is 15%. The existing zoning, DR-l, has a maximum permitted lot coverage of 60%, and a minimum landscaped area requirement of 40%. In addition to the general regulations applicable to the zoning district, the Denton Development Code regulations and site design standards will apply to the site, if developed. 4 The differences between the existing zoning district (DR-1) and the requested zoning district (DC-G) are summarized in the following table. Uses that do not appear in the table below are regulated in the same manner for both zoning districts. . 1 1 ~ 1 111 '1 Single Family Dwellings P N Accessory Dwelling Units P N Attached Sin le Famil Dwellin s N P Dwellings Above Businesses N P Duplexes P N Group Homes N SUP Multi-Family Dwellings N L(5) 1 1 Hotels N P Bed and Breakfast L(8) P Retail Sales and Service N P Movie Theaters N SUP Restaurant or Private Club N P Quick Vehicle Servicing N SUP Vehicle Repair N SUP Auto and RV Sales N L(20) Laundry Facilities N P Indoor Recreation N P Major Event Entertainment N SUP Commercial Parking Lots N L(28) Administrative or Research Facilities N P Broadcasting or Production Studio N P 1 1 1 Printing/Publishing N P Bakeries N P wholesale Sales N SUP/L(36) wholesale Nurseries N SUP/L(36) Veterinary Clinics N P 1 1 1 Community Service N P Business/Trade School N P Kindergarten, Elementary School P N Colleges N P Hospital N P Elderly Housing N P Mortuaries N P Table Le P -Permitted N -Not permitted SUP -Specific Use Permit L(5) -Within this district the density of apartments will be calculated as one bedroom equating to 0.5 units. 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 5 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- interior illuminated 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 traveler's accommodations. 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. Distances shall be measured via public street or alley access to the site from the arterial. 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(20) -Permitted, but outdoor storage of autos prohibited. L(28) -Use allowed as part of a consolidated parking plan. L(36) -Permitted when combined with retail sales. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan, and The requested zoning change conforms to the Downtown University Core Future Land Use designation of the Denton Plan. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. The platting process will ensure the adequate provision of transportation; there is existing water and sewers to serve the property, and other public requirements are in existence. 6 EXHIBIT 2 LOCATION MAP h....... h ..h.h h.... h.. . - 4~ L.i x.. •x x •x .~?1 i ..•3 .•:3 ~i ::i t r..• :•:•i t •:i ::i ..".'3 ~3 i x:# f.' x.' f.' h ' ' I 5 ~ • :.:x• N :x h, V x { y f + 't ti.? 1• . • y Y i. k: - • +5.: ~ 7 EXHIBIT 3 EXISTING ZONING MAP x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. x. t • ..:,i.•. ..:,i.. .•.•.•.s,wwaa:.u.s,wwaa:.u.s,wwaa:.u.:M::: xn.•.• n.•.•a.::,a::n.•.•r.•.•.•.:n... .9 ~7 r ~a i • ...................................r. .I' 8 EXHIBIT 4 PROPOSED ZONING MAP - .......~:.h ~ ....~:.h ...~:.h x: h ..........~:.h. ..~:.h . ~h .:.h::.::...:~h . ~t,: •A f . $ .f r { r r..• ti 1.• •r. ~ r+ .Y 9 EXHIBIT 5 FUTURE LAND USE MAP k u:,u x.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::,i. v::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::. u x y~v r .h r . r ..'d b 10 EXHIBIT 6 NOTIFICATION INFORMATION r f ~ ..ti~ . . ti 5 ti . . . . . . 1 ".'r } ti } $ ~ ti } •xxx f } } r } ti r ' 1 r . r .r .~ti + ~ _ r ....i. " x _ r~~ YYYY••••••'•YYYYYYY~• •1 1 : S ~ ~1 r ti 1 r ..V 1 :r.: x. .::Y ~ r : ........x ~ .I 1 5.1 . r • r •~r.r.r.ry~ x" x ti r .r ••ti . . . . ti. r ...i. ~ . ~ i. ~ • f. ~ • r•~ .....rr~ i r: 'r •L . •~VV ~ " ' 1 . . •r. „ { .Y ~ ~N~ ti. r ~'r r r:. k ~ i ~V V . . . ti . ~ ~ : i rl . . , . , :rr.. ,~r r :r 'r Y:'.. W•r VVVY ' S ~ ~ . r . r ~ I r " ~ ti~ , r . In favor ~ ~~x ~ ~ ' ~ Opposed x ~ r . ~ . ~ ~ Neutral ~ ~ " Public Notification Date: April 1, 2007 200' Legal Notices* sent via Certified Mail: 17 Number of responses to 200' Legal Notice: ■ In Opposition: 1 ■ In Favor: 6 ■ Neutral: 1 * - A copy of the notification list is available at City Hall West, 221 N. Elm Sheet, Denton, TX EXHIBIT 7 LETTER FROM APPLICANT w A • - 'I S _i ~M - 'f~l ~ - ~ - ~ 3 ~i I „ ~ - - - - - I~ ~i~ _ _ . _ _ - - . . 12 ~ z ~ < ~ - - ~ _ _ ~ ~ s I ~ _ .d i ~ ss - - 1 v ~ x ~i ~ ~ a .R ~ 9 ~ .M Y ~I Y' ~ ~ ~ ~ . ~ iP ,9 f ~ t u. x i A 0 G ` , I c g ~ u: i _ ~ ~ , ~ ~ x~ ~ 9 6. i F 6 s ~I ~ ~ ~ ~ ~ 13 EXHIBIT 8 SITE PHOTOGRAPHS Public hearing sign, facing Carroll Boulevard View of southeast portion of property, looking toward the intersection of Carroll Blvd and Collins St View of northern portion of property, looking toward View of property from Carroll Boulevard, looking the intersection of Carroll Blvd and Eagle Drive toward the west 14 EXHIBIT 9 RESPONSES TO NOTICE OF PUBLIC HEARING ' 11 - Y =1~- - - - - - ~ - - - - F I ~ 4 ~4 ~ ' + 3 I +I F f Y r . _ ~ .l . tit .tr I i a7 I - r~ - - >ti~f.• ~ 3 i ~ S 1 I ,Y ' I 1 . . I r - F 4i z' Y •J' ~ Y I Y r v 'i~ r ; } { ~ S ~ L k hY i ~ ~ ~ i I .r I i ~ I ~ ~ - ti- ti~ r. I ~ W. f. f r I I ' .i+.. ~ v fi - I f' + 5 ~ ' r. ~T~ ~ ~ v I r ~ ~ ° I .i. _ ~ ~I.. . 2 ~ I i_ . ,F r e, yy I lr 11 F 5. ' - 5 ~ I I I r - Y -r i•z i5 r I I}I ~ { ~ w tiW ~ • yr' ~-^r{ y _ ~ v i I ~ - err { 5r I v ' S Y~ ' t I 'VI ' A I. _ _ ' i 7- r i ~ : i r 4... _ .1ss r . F r s' ~I ~ ~,j ..~.s~ r' ~ _ ~ y } i I • I~ *I .,r. . - l I ~ - I~ ~i~~_ yy F _ ~I u r ~ ~~•z~ 15 N ~ J! i 1 ~ .f ~ f L ur. _ r., + + 4 tl I Q ~ I 4 i - f ~ 4 4a ' -i Y f I I i I I 1 _ s ~ ~ I F I I' d r- J ■ - k S f ' ~ I I I ~ L. , + * i .5 K r I. , ~ I 5 'J{ I i 4 - I ' ~ 4 I Y r_ 4 I I I ~ III I { ~ 5 - Ira ~ 1 ~ f.1 . .:4.~z } F.. 5 t - - _ Yti r. - I F~ 1 w 1 5* ~ ~ ~ Y * _ r= }f ~i i~ ~ .~r f I-~-~ - i + _ 1 k' ' S' - I- +1 J T ` 1 ~ y 1 • v ~ y I + _ 1 } F~ ~ S - 'fV . - : Y •I icy I I ~ I III I 1 ~ti' 7 + L a J•. 1 Imo.... .~a I ;r I 4 ~ ~ A ~ ~ f 4 I ~ ~ ~ I I~ - ~ -.•L i -4 ~ ~Y M ~ • •ail~5 1~ Ja• ~1. 1~ i.~i. I ~ - ~ I • I r ~J ~ - - I k ~ I(I '~Y ~ I 3J - I} +l _ I' ■ + - t M~ I - v iY~ i.i. it ti - ~ I + ` ~ I II { _ 4. `Y ~I i S ~ I ~5 'i ~ ;r ~ 4 ~ n i +I • F. ~ . - y - ~ - { 1 Y, , /t' SY r jf} t I - - + j I ~ '}}}'111' 1 ' /ii - ~ - Y I ~ r I * ~a J h t M f i I y' I#. ~ ~ I - - 'i•. 'Y-n~ ~ I 16 v I I r ' ,r; ~u ~ villl~ ti ~ t ' I Yi 'r i .i ~ II' i I 1 5 ~ ~ s . i 5 _ _ ~ i ~ - r I ~ ,I i r I .y - 4 5 t• ~ 1~ I ~ f I - ~I I 3 I i r• ~ ~ t 'Sr i ~ 1-r .i15~ r.. ta.. rt .ir . ~ :5, ~ E~ ~h li - _ ~ ~ F. 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" ~ a ~ a ~ ~ ~ $ ~ • ~ ~ ~ ~k K w .....r ~w k ~ k w M ~ ~ a ~ ~ R A~ Pk _ ~ i ~ k t ~ 19 i f _ i i p ~ ~ ~ •i i _ I R 7l i Y. v ~~I ti _ 20 ~ ~ M ~ i i- ~ ~ _ R ' . d a . - s s W i I I ' 4 - - - EI ~i ~ ~ I r I I _ ~ t - 21 x I i _ I y i I ~ ~ a ICI - _ ~ . s . - ~ _ - ~ ~ . _ . 22 EXHIBIT 10 MINUTES FROM PLANNING AND ZONING COMMISSION PUBLIC HEARING i ~ ~ ~ ~ ~ - ~ ~ i'~ ~ ~ ~ i i i~ ~ ~ I', n w i i i ~y I. ~T _ ~ ~pq~ a B ~ ~ a i I ''I n ~ ' ` ~ ~ ~ ~ ,it 23 i .I _ _ a i _ i~ ~ . . ~ R i I ~ i I 'i I~ ~ i ~ ~ ~ ~ d~ i ~ . _ . ri ~ i ~ i $ i. i = I I ~ 24 IIIRRR ~ ~ ~ ~ ' ~I ~ ~ . . ~ ~ ~ ~ ~ ~ ~ i III ~ ~ ~ ~ I ~ I~ ~ ' i ~ . it . YI I•I . it i I i' ~ VIII III I i ~I , II i ~ 25 ~ ~ ~ ~ ~ ~ ~i I I~~ ~ ~ f M I I` I 26 s:lou~ ~ocu~ner~~lordin~nce~1071~7~Q08.~~ ORDINANCE AN ORDINANCE OF THE CITY GF DENTON, TEXAS, PRG~IDC FGR A ~~I~IING CHANCE ~'R01VI A D~wNTON RESIDENTIAL 1 CDR-1~ ~~I~ING DISTRYT T~ A D~wNTCwN CGIVIERIAL GENERAL ADC-C} ~~NINC DYSTRICT wITH AN ~~ERLAY C~NDITIGN, THE AREA PRGP~ED FAR ~~NIl~C CHANCE ENC~IVIPASSINCx 3.319 AGES GF LAND LOCATED DN THE SOUTI~wEST CORNER DF A~RCLL BOULEVARD AND EAGLE DRNE INTERSECTION AND LEGALLY DESCRIBED AS TRACTS ~ 1 ~ 217 } 21 S, 219, AND 22~ Off' THE DILL SURREY, ABSTRACT NUIVIBER X23, IN THE CITY GF DENTCN, DENTIN COUNTY, TEAS; AND PRG'~IDINC~ ~`OR A PENALTY IN TFIE i A~UN'T GF 2,0~0,~0 FGR ~IOLATIDN THEREOF, E~ERABILITY AND AN EFFECTNE DATE. ~~07-008} WHEREAS, Elk River Investments, Inc., has applied for a change in zoning for approximately 3.319 acres of land from a Downtown Residential 1 CDR-1} zoning district classification and use designation to a Downtown Corn~nercial general ADC-C} zoning district classification and use designation; and WHEREAS, on April 11, 2007 ~e Planning and caning Cornmisslon recommended approval of the requested change in zoning, wig an overlay condition requiring the construction of a fence; and ~ F WHEREAS, the C1ty Council finds that the change 1s canslstent with the Denton Plan and the Development Code; NGw, THERE~'~RE, THE COUNCIL OF THE CITY Off' DENTON HEREBY CRDAIl~IS: SECTION 1. The findings and recitations contained in the preahle of this ordinance are incorporated herein by reference as true. SECTION 2. The zan~n d~strlct class~ficat~an and use designatlon ofthe property 1s changed from a Downtown Residential) CDR-1 ~ zOning dlstnct ClasslfiCatlon gild use designation to a Downtown Commercial General ADC-C~ zoning district classification and use designation for 3.319 acres of land more particularly described in Exhibit "A"and depicted in Exhibit B, which are 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 adjacent street rights-af-way. This zoning classification and use of designation is further restricted by an overlay condition, requiring construction of a fence with a ~ninin~um height ofeight feet on the western boundary of the property, separating the subject site from the adjacent residential properties, SECTION 3. The City's official land use snap i amended to show the change in the land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such in~valxdity shall not affect the validit of other ~ Y provisions or appl~catians, and to t~.s end the provisions of this ordinance are severable.  I ECTY~~ Any person violating any provision afthis ordinance shah, upon con~ictian, be fined a sung not exceeding 2,~0~.~~, Each day that a provision afth~s ordinance is violated shall constitute a separate and distinct offense. ETIO This ordinance shall became effective fourteen {14}days franc e date afits passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice 1n the Denton record-Chronicle, a daily newspaper published in the pity ofDentan, Texas, within ten { 1 days of the date of its passage. PEED AND APPROVED this the ~ day of , ~D07. PERKY R.11~c~TE1~I1, MAYOR ATTEST: .~ENN~FER ASTER, QTY ERETAI~Y BY; APPROVED A T~ LECA.E FAR; EDP IVI ~ ATT~ a PAS 2  i x ~~HIB~~" A L~AL ~~RIPTl~N BE~f ~►::~~~~:A~ TR~t~T ~P~~AD: AT~~~TH~ A..I ~~Y A~;TRACT . r . . ~~~.rr r~7~~ ~~j 1.I'~ ~~+1`J~+~~w~::~f.xa.,r~,I ~''.PTN~?..~~~~'~~ tl.Li~l.r~~ . .f,~~{ /~y~~~/~~/j ■{J~~{ /J~~/► 7`{~J7 ~~/~7J 1 /{/-y/y './}mil` 1}[yY }~1,}]~,,~~' 7~~'y1 ~■~.~y/ } ~~~{R~ W~~.i~RI~~~ /'l~~V ~.~~~Y V ~'~~~~T✓'i RV.~:.~~11~ V i.I .~~~*V1 ~~V~~L7 :~i ~i iL~i ~ Pl'l~P~~t + / ~AR~`1I.A.R~~' DE~RI~~I] ~~~1Ui~'E ~~UN~ ~ ~1 BEGTI~NX~~~.~t ~ ~r~t in the nab: ~Yn~ of Call i~s° Street and being a sout~eas~t a~~cr of Lot ~l~c ~ of fi ~`iria~ PI~t ~f Paul Haaniltan:~~ori; as rcca~ded ~ V~~rxmc~~~~, p~rg~ 4 of ~ ~~t ~~a~ a~~ento~n C~~, Tess also l~ei:~~ ~ ~vutl~~st earner of said tract dcsc~~ied ~ ~I~acumeni~ ~0.9~~~~~1 ~fsa~d Re.~~~ P~ape~ ~~rd~~af~D~nt~tt~Co~r; Teas; T~N~~ N ~1~~ ~7y ~~3" ; a~~a~~:e ~t l~~e said Pad ~a~~i~t~n A~di#xo~~ :~~sne~ 0~'~~4:U4 ~'t, to a~~~t:f~r ~rnera . T~~N~:~ ~04° 1~' ~47'y~ a car~tn~~:t~a~a~~;th~e ea~t~~~~ne of said Pau1~H~I~~r~ ~d~~a~: a c~~ta~c~ ~af ~9:~Sifaet, to a~ patnt~~'a~r~eoraer, 'N~ N O~I°~ I~" i~, a di~ta~~~ ~of C~~ fcet~, t~ ~oit~:fo~ c~n~~r; l~~ng in.c~ea~t ~~e~of.L~t. 1:48: as desc~ib~d i~ ~e Plat ~f Lo#~ ~~~,1~ and 14$; ~~I, ~~af ~Pa~~ ~Yltpn A~d~t~on as c~~d ~~~a~~et Pa~c x.18 of s~ flat acards~ ~T~~~N";I ~ ~ ° ~~x 4~''~~''~ load ~~id i:~o~ 14B ~ ~istan ~ X ~ee:>~ t~~:~ ~o~~~~f~x ~t~ n~irt~~~et ca~er~ ~er~` and ~ylri~ ~ the ~au#~_11t~e: of ~~g~c ~~~e; ri T~ENC~ ~ S 30 ala~~ ~e :sa~tb one of jai ~~~1~ ~t~t, ~~rth 1i~ne ~f fat ~::475~ acne tit d~~~ibe~ ~n ~d ~~t 1~ 13~ ~-~i~te of feed, to a fnt far ri~~~;. '~~N: 4~° E, ~~t~tin.~in~ ~1ong a n~ l~n~ n~'~aid ~:~75~ ~~rc ~~et~.dfstan~.af.~,0~ f~ ~to a point ~'~r ~~rne~ and be~n~ ~at;~h~e ts~un ~f the youth li~c ~f.~d ~~g~e trey[ ~a~d tbe`~r~~k line of~~r~~l~aule~, ~~id ~e~ alsa ~e~i~ ~Ze b~~~i of~n~n~c~t~cu~ve:ta t~c:lc~~iat:a rad;u~ .af x4~~,'~ °~t, a c~~~tra1 a~.g1e ~f ~1~° 3~'} ~ cbard~~vhieh ~ ~E end:a.~~ard :distance ' 41?.1~~ f~ T~iEN~E alar~~~ said pan-nge~.t cue to a lei an aro ien, of feet;, pai~~ for corn; '~~NC ~ ~4° ' cor~~nui~g a1~ng ~~aid ~~st i~~ o~Ca~l a~ova~d a dcc: 0~':1:.4 feet, .to. a Pa~rit l`or cornea, ~'~`~N~ ~S~ ~~0° ~D~' D[]" ~ ~c ~1' 1~~~,94 feet, to a:~po~nt far the soi~tbct oarn~hc~eofa~ l~i~~ ~t,thc~t~a 1~~o~f~sa~d~Colli~c~ txcetx T~E~~ ~ 0~' ',~aion:the~ t~orth~ ~~e oaf C~1~ns .Sect a dist~nce~:~f ~?~:~0 feet, t~ P~ ~ B~NI~I~ and c~ntn~ 33 i~~ aces of i~nd maw or less. ~i~s ~~c~rnt w ~r~pa~~d un~e7 T~ G~3 r~a~ ~~e~ec# ~ rest t~ of , or,1~~ . . .~r~r~. ~un~e~, ~n~~ is n~ot~ to b~ .wed t~ ~or~~e~ or es~a~lish iri1~~e~ts in ~ea1 ~r~~~r~~c~p~~ose :a~~ in~~r~ i~p~~ tailed the cr~ti~~ a~ Genf gr~lion ~af~i~ ~ounda~ ~ p~~l~i~cal ~d~~~.~i~n far ~Thteh i~ ~ ~~e~. PAGE ~  i s- EXHIBIT B w~ 30 0 n ~~~'o Subject ~ Property c a n-`` 4 D 75 350 300 454 600 Feet PAGE 4  I AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT - CA07-0002 (C~awford Retail) Hold a public hearing and consider the adoption of an ordinance regarding a Comprehensive Plan Amendment from "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land located on the northeast corner of Crawford Road and I-35 W. The property is currently undeveloped and the owner proposes the eventual development of commercial land uses. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Quorum Equities L.P. Addison, TX The applicant is requesting a comprehensive plan amendment from a "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land. The applicant is requesting a Comprehensive Plan Amendment to allow for the eventual development of commercial land uses on the subject site. Prior to the adoption of the Development Code on February 20, 2002, the property was zoned General Retail Service district, which designated all the commercial uses proposed by the applicant as permitted uses. However, the property was designated `Neighborhood Centers' in the Future Land Use component of the Denton Plan. Upon adoption of the Development Code, approximately 4.93 acres of the property was rezoned to a Neighborhood Residential Mixed Use (NRMU) zoning district to comply with the `Neighborhood Centers' future land use designation. On May 21, 2002 the remainder was rezoned to Neighborhood Residential Mixed Use (NRMU) zoning district to bring the remainder of the property into compliance with the new Development Code zoning classifications. In an associated case, the applicant is requesting a zoning change from a Neighborhood Residential Mixed Use (NRMU) zoning district to Regional Center Commercial Neighborhood (RCC-N) zoning district. The zoning case (Z07-0002) is being processed concurrently with this comprehensive plan amendment. PRIOR ACTION/REVIEW April 1 1, 2007 Planning and Zoning Commission Public Hearing (Vote 7-0) OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1) of this rezoning request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Future Land Use Map 4. Proposed Future Land Use Map 5. Existing Zoning Map 6. Notification Information 7. Site Photographs 8. Letter of Intent From Applicant 9. Planning and Zoning Commission Minutes, April 1 1, 2007 10. Ordinance Respectfully submitted: G ~ Brian Lockley, AICP Interim Director, Planning and Development Prepared by: x, . ~3 f~ Charles Thompson Planner I 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANAL YSIS CASE CA07-0002 DATE TO BE CONSIDERED: May 15, 2007 N LOCATION: Northeast corner of Crawford Road and I-35 W intersection APPLICANT: Quorum Equities Group LP 16475 Dallas Parkway Addison, TX 75001 OWNER: John Knapp I-3 5 & Crawford Road Partners, Ltd. 4875 Landmark Boulevard Dallas TX 75254 REQUEST: Hold a public hearing and consider the adoption of an ordinance regarding a Comprehensive Plan Amendment from "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land located on the northeast corner of Crawford Road and I-35 W. The property is currently undeveloped and the owner proposes the eventual development of commercial land uses. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning request (7-0). COMPREHENSIVE Neighborhood Centers PLAN DESIGNATION: SITE AND SURROUNDINGS North: Planned Development 13 8, permits a business park. Further North is the proposed Hunter's Ranch development, mixed-use development South: ETJ East: ETJ West: RCR-l, Commercial Uses 3 BACKGROUND The applicant is requesting a comprehensive plan amendment from a INFORMATION: "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land. The applicant is requesting a Comprehensive Plan Amendment to allow for the eventual development of commercial land uses on the subject site. The property to the north of the subject site is zoned Planned Development 13 8 (PD-13 8) and a business park is a permitted use. Further north is property zoned Planned Development 174 (PD-174) and is permitted for parks and recreation and single family uses. To the north of PD 174 is the proposed Hunter's Ranch development, which includes commercial, employment and residential uses. The property at the northwest corner of I-3 5 W and Robson Ranch Road is proposed for commercial development and further to the west is Robson Ranch, which is a residential development. 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. These support uses could include service- oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with town homes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood "greens " and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. " The Neighborhood Centers land use designation is designed to include mainly residential uses along with uses such as schools, civic uses, open space, limited retail and offices. The applicant is 4 requesting a Comprehensive Plan Amendment to allow for the eventual development of commercial uses on the subject site. The subject site is currently zoned Neighborhood Residential Mixed Use (NRMU), which requires a Specific Use Permit for drive through uses. Restaurants are limited to sit down service only, no drive up service is permitted. Restaurants are also limited to 100 seats and no more than 4,000 square feet of restaurant area. The applicant has proposed uses that will exceed these limitations. The other zoning district categories within the Neighborhood Center land use designation prohibit most of the proposed commercial uses. In accordance with the Denton Development Code and the Denton Plan the proposed commercial uses are allowed without limitations in the following land use designations and zoning districts: 1. Community Mixed-Use Activity Center: ■ Community Mixed-Use General ■ Community Mixed-Use Employment 2. Regional Mixed Use Centers: ■ Regional Center Commercial Neighborhood ■ Regional Center Commercial Downtown According to the Denton Plan, the "Community Mixed-Use Activity Center" reads as follows: "The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high- to moderate density housing, and perhaps an elementary or middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. " The Community Mixed-Use Activity Center was designed to promote the proposed commercial uses, but staff is of the opinion that Communlty Mixed-Use Activity Center is not an appropriate land use designation for the subj ect location. According to the Denton Plan, "Regional Mixed Use Centers" are: "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 5 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, height ~ mass. " The Regional Mixed Use Centers land use designation was designed to allow uses such as shopping services and recreation that supports the entire region. The proximity to an existing regional activity center and the current land uses within the subject area qualify the subject site for a regional activity center, which will serve the community at a larger scale. Considering the development intentions of the property owners adj acent to the subj ect property, staff is of the opinion that the Regional Mixed Use center land use designation is consistent with The Denton Plan land use goals and principles. 6 DEPARTMENT AND All departments have the reviewed the request, no comments were AGENCY REVIEW: returned by any of the reviewing departments. FINDINGS: The application shall address the impact of the proposed change on the following: a. The Goals and Objectives of The Denton Plan, The Denton Plan requires the distribution of various types of uses in well-located settings. The proposed project is well located and compatible with the surrounding. It also encourages the location of uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. The area around I-35W and Crawford Road will be developed into a focal point with the location of mixed uses. Therefore, the proposed development of commercial uses is in harmony with the existing uses in the area. b. The Future Land Use element of The Denton Plan, The land use designation change does not have an adverse impact on the Future Land Use element of the Denton Plan. c. The balance of land uses in the City; The Denton Future Land Use Plan designates three locations for Regional Mixed-Use Activity Centers. One of the areas is the intersection of I-35W and Robson Road. The future land use plan for this property is in keeping of the Denton Plan's objective of balancing land uses. d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect the provision of the services anticipated in The Denton Plan. The application has adequate public facilities and does not create any adverse effect on them. The actions in Section 35.3.3.A shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morals, or general welfare against the right to the use of the property in issue: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; The existing uses surrounding the subject property are compatible with the proposed use, which is in accordance with the existing regulations. The proposed development will not 7 impede the orderly development of the surrounding properties. b. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed development is compatible with the adjacent district and therefore the amendment does not create an isolated district. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements; The development will not increase the density, as an overlay district that restricts the density of the development will be impose . d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; It is anticipated that the existing public utilities and roads are adequate to serve the subject site. Any improvements will be at the developer's expense. The proposed use will have no impact on schools or other public safety measures. e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity; The above calculations are not required with a Comprehensive Plan Amendment process. Therefore, staff is unable to indicate the impacts of this project at this time. However, the applicant will have to adhere to all subdivision regulations during the platting process. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Nlap; and The property is currently zoned for Neighborhood Residential uses and limits development of certain commercial uses. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. The area inconsideration is amixed-use area and a commercial use is appropriate for the subj ect property. 8 EXHIBIT 2 Location Map rro~r~ 9 EXHIBIT 3 Existing Future Land Use Map KKK ~ ~ vv~ ~ t t. a~:' f f . 10 EXHIBIT 4 Proposed Future Land Use KKK ~ ~ vv~ ~ t t. a~:' f f . 11 EXHIBIT 5 Existing Zoning Map { { { . . :M .ti h . xF.. :x~x . { r aI •a 'r r h ~r. rf .~.'f~ } ~II _ rl: 5 f~ A' F . ~ I ' f R M + f. S~ 12 EXHIBIT 6 Notification Information . '.Y 1 { 'r } ; ~ ' r . h ~ if r. • N • f .t f tis F I ' ~ r~ 'r x •L Y $ ;I• ~'I~I • ti ~ f n 1 t.. 5 •I ' y ~ { ' ' '1 . , . 'r ^ r 5 ' { I. k: r .k• fi r .r'. • , , :.r ..r Y•: r f~• k_v1 r ~ ;i• 5 •J f i .Y ' f 1~ % } vvv vv .d f ...AWWWWWOMOWWWW pi0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i~:.... _ ~ .r 5 r~ iy . f. .r f~, r t. ~ t ~ }Y y Y . S • ~r ~ It x •r ~r ~ { • . ~t r ~ , y Y:I 4}i :4 i' I~y^ r ~ a y I. .ti •I I. y. r• ~ . r: r 0 xSJ19" F r •ry % x ff x I ' x Y.`. x x x x ~ i I fly ? % R' I ~ # .I ..h r x • I.•.5}... y.;;.ti. -r r.,..,... ._.r +ct,• k: .Y~ +t x .t• Y ~ I ~ x • .t ~ r ..3 • % . , \ I i~ 4 +h ~ . 'r '.i r :a , y !x f: f Y. . ~ 'I'•. t . :i' ~ ..Y • I. Y• f .ri . ~ •.x' .r. ~r• " z . ' . try~,1~Y.~wR rti, r _ r. '+s' 'f 'ti y ~ ti rt n •1VAiii u' {y .~G '1 y r _ y i:.{ .ti - z ~ f " I t . _ . .It. ~ 1•. r .x~ •I • x• I .ry ~r ~ r f ~ i' , t.^ •l r 1~1 •'r I f~Y ! 1 .5 •4 •::I :IS • rya + •f •y V :I! I~ !•1 y ~ J ' { ••7 Public Notification Date: March 29, 2007 200' Legal Notices* sent via Certified Mail: 4 500' Courtesy Notices mailed: 7 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 13 EXHIBIT 7 Site Photogra hs ,a Subject Site Northwest corner of I-35w and Crawford Road Subject site from Crawford Road Single-Family Home to the east of the site 14 EXHIBIT 8 Letter of Intent from Applicant guar f ~ fit n~ ~ ~ ~1 ~ ~~~5 ~~d ~r L~~. acres ~t ~ ~ or~~r ~f t-~ 4~~ ~ tin ~~~ty ~t ~ v~p, I~ ~ ~ pie rv~ r~ ~t~~ urn~~t ~~r ~ ~ rm' t i ~ IY p~ ~r~ar I~qa~ a~p~ L~ sub~~~ app~i~~t~a~ t~ ~ ~~t~~ to~ a ~~~i~t o~~ pp ae~r~mat ~ u It ~ifir~ ~e .d nd~~sta~i ~ i~g prp w~~I lv~ ~ be a~~e~ and ~ci~~~v~~e~ t~ ~~t ~~r~e~, Avg 1~~ , Inc, ~ p~ I~ ~t~e~ A~ ~~n~nt 15 EXHIBIT 9 Planning and Zoning Commission Minutes, April 11, 2007 ~ ~ o I~I ~ ~ ~ ~ ~ ~ ~ i ~ ~ I, y 0 ~ ~ ~'i ~ ~ ~ _ ~ u ~ _ Y iN ~ i Y ~ ITM ~ i ~ ~ ~ . 16 P _ _ ■ ~ i~ ~ ~ i ~ ~ ~ ~ ~ ~ . . ~ ~ ~ ~ Y ~ ~ ~ r ~ ~'u ~ ~ . ~ ~ ~ ~ ~ R ' ICI . ~ ~ ~ ~ M - - ~ R ~ ~ a ' 17 ~ : ~ . ~ ~ i . ~ ~ ~I,I~ _ _ ~ i ~4 I ~ ~ ~ I ~ I~ .,i~g ~ i~ ~I _ _ _ '''i ~ ~ ~ ~ ~ ~ ~ ~ ~ i R i ~ ~ 18 ~ • I ~ - - - - ~ ~ ~r . ~ ~ ~m + ~ . ~ ~ _ ~ ~ Y Y 19 EXHIBIT 10 Ordinance ~;1~ur do~lar~~a~a10'd~'~~F~c ~1I~ . ~1I}I~ '1'~ IT I~EI~T~I~ ~I F1~ ~I I FLT ~Il.F~T ~~I ~IBI~ '!'E L~ T I ~Vi E1VT~~ ~1P~ II~ AP~1~iT~I~ 7,~~~ DES ~F I ~~iTE~ T THE Il'TI~'T ~ ~ ~I ~L~ ~ IlT~1~~"TE ~ ET IlT~~E"IIa ~E~~ ~T F L~ ITT T F}T,T~,~~ I~~. ~ ~F ~~T, ~I' ~~TT 1~} T~ a SAID TA'I` BFI AID ~F TH~iT TT TAT ~F` ~ I1 P~II~ 1.I~T IrITH 1 T I-~~ ANA l~.~i"~1 ~ ET's, LT'I,,1~E~ III L ~1 X37 FEE ~F TIC ~EEI~ 1 F IJ'I`, T'E~ a ~ F1 ~~I~T T~~ ~iti~t a~pr~val eft ' P1~n ~na~n~n~a~ fpm ~ ~'I~~ir~eo~ en~r~s but l~~ use d~sii,~~ ".~~1 i~ ~ ~1~ ~d ~nin~ mmi~i~n r~~~d~+d ~ oui~ the t r~quir~m v~1 i,ri~ f~ ~ ~~a~,~ ~ft~~ Ln ~~l~p~m t i ten faet ~i the ~T, T~IE111 . TIDE CJ~I.r ~F "THE IT F I~EIT' H~RE~ 1II; ~*TI~~T Thy fi~ r~citatio~ ~~i.~, i~ ~ ~1e a~`t~hi~ a ~*I`I~I~ ~utur~ 1 u~~ c~t~ory ~~iti 1~b ~ ~ t~ a l~i~n~l I~Iix~d ~ . ~$ti i~n.ati~ far'*~'~~ ~ ~'I~I~ Thy D~tan ~~~n ~ t~ ~ ~ in diti~n. E'TII~ I~` vi.~i ~f iii ~ ~r aliti~n t~ iut~ ~~~1i~ ~ any curt} ~u~h in~ralidit X11 net a~`e~t the ~r$li~ ~f ~ p~~ a~p~i~io,, t~ t ~i~i ~T t ~r~iuan~ v1~. . ~ This ar~iinan sal l~~ ~~~~ti~ iYnme~ate u~ ~ 20 1_1.~~ 1. 1T 1 ~r a ~ 1 1 ilk M~~~ I h h PEE 21 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Planning and Developme ACM: Howard Martin, 349-823 SUBJECT - Z07--0002 Crawford Retail Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an approximately 7.6-acre tract of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial Neighborhood (RCC-N) zoning district located at the northeast corner of Crawford Road and Interstate 3 5 W. The property is currently undeveloped and the owner proposes the eventual development of commercial land uses. The Planning & Zoning Commission recommends approval of this rezoning request (6-1). BACKGROUND Applicant: Quorum Equities Group, LLC Addison TX The applicant is requesting a zoning change from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial Neighborhood (RCC-N) zoning district on a 7.6-acre tract of land. The applicant is requesting a zoning change to allow for the eventual development of commercial land uses on the subject site. Prior to the adoption of the Development Code on February 20, 2002, the property was zoned a General Retail Service district, which designated all the commercial uses proposed by the applicant as being permitted. However, the property was designated `Neighborhood Centers' in the Future Land Use component of the Denton Plan. Upon adoption of the Development Code on February 5, 2002, approximately 4.93 acres of the property was rezoned to a Neighborhood Residential Mixed Use (NRMU) zoning district to comply with `Neighborhood Centers' future land use designation. On May 21, 2002 the remainder was rezoned to a Neighborhood Residential Mixed Use (NRMU) zoning district to bring the property into compliance with the new Development Code zoning classifications. The applicant is also requesting a Comprehensive Plan amendment from a "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation. The comprehensive plan amendment (CA07-0002) is being processed concurrently with this zoning change request. Public notification information is provided in Exhibit 6. As of this writing, staff has not received any responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW April 1 1, 2007, Planning and Zoning Commission recommended approval (6-1) OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1) of this rezoning request based on the following criteria: 1. The uses and development standards contained within the proposed RCC-N zoning district are in character with the adjacent uses. The proposed development to the west of the I-35w includes commercial uses and proposed development to the north of the subject property includes commercial, employment and residential uses. 2. The proposed zoning change conforms to the Future Land Use element of the Denton Plan is compatible with the criteria for a zoning change as defined in the Development Code. 3. The Planning and Zoning Commission approved the zoning change with the condition that the size of any retail establishment located within the subject site is limited to 25,000 square feet of floor area. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Existing Future Land Use Map 6. Notification Information 7. Site Photographs 8. Letter From Applicant 9. Planning and Zoning Commission Minutes, April 11, 2007 10. Ordinance Respectfully submitted: .a - } ~ F. Brian Lockley, AICP Interim Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANAL YSIS CASE NO.: Z07-0002 DATE TO BE May 15, 2007 CONSIDERED: LOCATION: The Northeast Corner of Interstate 35W and Crawford Road. APPLICANT: John E. Rose III, P.E. Quorum Equities Group, LLC. 16475 Dallas Parkway, Suite 220 Addison, TX 75001 OWNER: John Knapp I-35 & Crawford Road Partners, Ltd. 4875 Landmark Boulevard Dallas, TX 75254 REQUEST: Consider the adoption of an ordinance regarding the rezoning of a 7.6-acre tract of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to Regional Center Commercial Neighborhood (RCC-N) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning request subj ect to a condition (6-1). COMPREHENSIVE Existing "Neighborhood Centers" requested to be amended to PLAN DESIGNATION: "Regional Mixed Use Centers" (CA07-0002) SITE AND SURROUNDINGS: North: Planned Development 13 8, permits a business park. Further North is the proposed Hunter's Ranch development, mixed-use development South: ETJ, Residential Uses East: ETJ, Residential Uses West: RCR-l, Commercial Uses 3 BACKGROUND This zone Chan e re uest was submitted in con'unction with a INFORMATION: g q ~ comprehensive plan amendment to change the future land use designation from a Neighborhood Centers future land use designation to a Regional Mixed Use Centers future land use designation. 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. 1~lixed--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. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with town homes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood "greens" and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. " The Neighborhood Centers land use designation is designed to include mainly residential uses along with uses such as schools, civic uses, open space, limited retail and offices. The applicant is requesting a Comprehensive Plan Amendment to allow for the eventual development of commercial uses on the subject site. The subject site is currently zoned Neighborhood Residential Mixed Use (NRMU), which requires a Specific Use Permit for drive through uses. Restaurants are limited to sit down, and no drive up service is permitted. They are also limited to 100 seats and no more than 4,000 square feet of restaurant area. The applicant has 4 proposed uses that will exceed these limitations. The other zoning district categories within the Neighborhood center land use designation prohibit most of the proposed commercial uses. According to the Denton Plan, the "Regional Mixed Use Centers" reads as follows: "For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. 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, height ~ mass. " The Regional Mixed Use Centers land use designation was designed to allow uses such as shopping services and recreation that supports the entire region. The proximity to an existing regional activity center and the current land uses within the subject area qualify the subject site for a regional activity center, which will serve the community at a larger scale. Considering the development intentions of the property owners adjacent to the subject property, staff is of the opinion that the Regional Mixed Use center land use designation is consistent with The Denton Plan land use goals and principles. Development Code/Zoning A comparison between uses permitted in Neighborhood Analysis: Residential Mixed Use zoning district and a Regional Center Commercial Neighborhood zoning districts are provided in the following charts. The chart below highlights the differences between the two zoning districts. Limitations for each use are explained following the last chart. Attached Single Family Dwellings L(40) P Multi-Family Dwellings SUP L(6) & L(4) L (4) 5 ~ , ~ I , ~ 1 Motels N P Bed and Breakfast P L(9) Retail Sales and Service L(17) L(13) Movie Theaters N P Restaurant or Private Club L(ll) P Drive-through Facility SUP P Professional Services and Offices L(17) P Quick Vehicle Servicing SUP P Outdoor Recreation SUP N Indoor Recreation N P Major Event Entertainment N SUP Commercial Parking Lots N P Broadcasting of Production Studio L(14) P i ~ ,,i Veterinary Clinics P L(14) Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP L(27) L(27) ~ ~ ~ Basic Utihtles L(25) SUP High School SUP P Colleges N P Hospital N P Mortuaries N P P=Permitted, N=Not Permitted, SUP= Specific Use Permit Limitations: 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 allowed by a City Council approved neighborhood (small area) plan. L(6) =Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(9) =All restrictions of L(8), but limited to no more than 15 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(13) =Uses are limited to no more than 55,000 square feet of gross floor area per lot. 6 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(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. 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: . ~ Minimum Lot Area (Square Feet) 2,500 None Minimum front yard setback None 10 feet Minimum side yard adjacent to a None 6 feet street 20 feet plus 1 foot 30 feet plus 1 foot Minimum yard abutting a single for each foot of for each foot of family use or district building height building height above 20 feet above 30 feet Minimum residential unit size None 500 SF Maximum FAR None 1.5 Maximum Density, dwelling units per 30 80 acre Maximum Lot Coverage 80% 85% Minimum Landscape Area 20% 15% Landsca a and Tree Cano Re uirements 1 NRMU Neighborhood Residential 20% 40% Mixed Use RCC-N Regional Center Commercial 15% 30% Neighborhood DEPARTMENT AND All departments have the reviewed the request, no comments AGENCY REVIEW: were returned by any of the reviewing departments. FINDINGS: 1. The uses and development standards contained within the proposed RCC-N zoning district are in character with the a ~ acent uses. 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 Denton Cltty L11111tS g EXHIBIT 3 Existing Zoning Map { { { Denton . ~ Clty L1n11tS . :M xF'. :x~x . < r aI •a 'r r h ~r. rf .~.'f~ } ~II _ rl: 5 f~ A' F . ~ I ' f R M + f. S~ 9 EXHIBIT 4 Proposed Zoning Map :::::::::.....xxx { { { i IRIt~ ~x~~ Denton City Limits i X11 5 .~i }h. _ ~I. 5 iJ ~ J' f J K V { I'r '1?~IL~ i~ ~f. 15f I 5 f r .4 { .5+' 1 10 EXHIBIT 5 Existing Future Land Use Denton Clty L11111tS s - I ry ~ .I 'I'• A ~ 7. } ..5• I: I~ I. , r~~ r•• Proposed Future Land Use Denton x~ns Clty L11111tS • I k n. I~ t s'rp ~ ` ~ I 11 EXHIBIT 6 Notification Information . '.Y 1 { 'r } ; ~ ' r . h ~ if r. • N • f .t f tis F I ' ~ r~ 'r x •L Y $ ;I• ~'I~I • ti ~ f n 1 t.. 5 •I ' y ~ { ' ' '1 . , . 'r ^ r 5 ' { I. k: r .k• fi r .r'. • , , :.r ..r Y•: r f~• k_v1 r ~ ;i• 5 •J f i .Y ' f 1~ % } vvv vv .d f ...AWWWWWOMOWWWW pi0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i0i~:.... _ ~ .r 5 r~ iy . f. .r f~, r t. ~ t ~ }Y y Y . S • ~r ~ It x •r ~r ~ { • . ~t r ~ , Y Y.I 4}~ :4 i' I~y^ ~ ETJ .ti •I I. y. r• ~ . r: r 0 xSJ19" F r •ry % x ff x I ' x Y.`. x x x x ~ i I fly ? % R' I ~ # .I ..h r x • I.•.5}... y.;;.ti. -r r.,..,... ._.r +ct,• k: .Y~ +t x .t• Y ~ I ~ x • .t ~ r ..3 • % . , \ I i~ 4 +h ~ . 'r '.i r :a y .ti •••,:v{ ~ ••.f. Y`~• ETJ y:~ • ~ I;.- r . ..Y' f• ' f' yry • h. . ~ •.x' .r. ~r• " z . ' . try~,1~Y.~wR rti, r _ r. '+s' 'f 'ti y ~ ti rt n •1VAiii u' {y .~G '1 y r _ y i:.{ .ti - z ~ f " I t . _ . .It. ~ 1•. r .x~ •I • x• I .ry ~r ~ r f ~ i' , t.^ •l r 1~1 •'r I f~Y ! 1 .5 •4 •::I :IS • rya + •f •y V :I! I~ !•1 y ~ J ' { ••7 Public Notification Date: March 29, 2007 200' Legal Notices* sent via Certified Mail: 4 500' Courtesy Notices mailed: 7 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 EXIBIT 7 Site Photographs . Subject Site Northwest corner of I-35w and Crawford Road Subject site from Crawford Road Single-Family Home to the east of the site 13 EXHIBIT 8 Letter of Intent From Applicant . ~ent~n ~ T` ~~o l acres ~t ~ ~ co~~r 4~ ~ t~~ ~~~ty ~t E~ti ~~p, ~ ~ ~ pie v~ r~ ar~~ ~t ~ rte' ~ , ~ ICY p ~ar~ar~ o~ L~ su6~~t a~p~i~~t~a~ t~ ~ ~t~~ to a ~~~itt a~~ p aor~mat u It siic~ ~ ~~~~st~l ~ rig t~ptp w~~I Ivy ~ be a`~~red and ~~~v~~e~e~ ~ t~ ~t Avg F~ , ~i~~ ~ Di~e~ Ash ~em~n~ 14 EXHIBIT 9 Planning and Zoning Commission Meeting Minutes April 1 1, 2007 ~ ~ ~ ~ Y ~ ~ ~ ~ " ~ . i l II i - ~ i' ' i,~ ~ i ICI ~IF ~ - ~ ~ ~ j r _ _ . _ ~ ~ i 15 i ~ ' ' ~ ~ i ~ .i ~ ~ i ~ ~ _ . ~ m~ Iw a~ ' Yo i i i ~ ~ ~ i ~ v i a 16 EXHIBIT 10 Ordinance ~1~DIl~ , ~ L~II~E " TAE IT I~ETI~~ T'~~, ~R~T F ~ I3~ F`l~I~rFl~~III~ ~TIL ~ ~ ~ 0~~]TI'1' ~ IF"ITI T REI~I~ ET~1 ~I+l~I~ 1~H~ X11 ~ITI~IT I~IFI~TI~I~, THE ~~I F~1 ~Il►~ HE F.~~4 ~ViTEL l LAIC I~"1'E~ T T 1~~THB~T ~ F T'~IE ~~TI ~F ~~F"~ 1~A1~ t~ IITETTE 3 ETA ~E~~ TRACT F LAND S1T~~iT THF~ PI~~ FIAI~1 [~k~ TAT 4~ CITY F I~~I~T~I~, I~$~]T TJTa Tom; T1~' ~EIl~ ALL ~F THAT RTII~ T1T F LAND I~$CE~ III P~~L T I~ iITH ~ L T~ I-~ AI~II~ 'I 1~~U ~Al~'Il~, I~T~, RE~1~I~ n~T ~IIIJIB 4~~~~ ~~xE ~F THE 1~~FI~ F I~B'~ ~]I~1'1', 'I'E~; ~~1 Fl ~L I TIC h~~~" F 1 I~LRTI~I~'I~~F, ~~~II~I' I T I~T~. 4~- 1 nlm Equi~i r~, LI.., hay ap~~ic~ f~~ ~ eh in i fir ~ppra~i~aa~el 7. ~7 ~ latn~ m ~ 1~i~hhorh~a~ l~.~sidtial lix T1 ~g ~iatriet ~ l~i~l ester omm-I~~ihar~ad ~ ~i~taet ela~si~c~ use d~~iti IEI~~ ~n ~i~~il I1, ~~7, Fly and ~ on~ii~n ended ~~vai ~f a rat 1~ ~n with tk ~dditi~n ~anda,ti~n t}t tie ~ ~f . t~hIish~nent is ~imit~d ~ aim square fit; a ~ ~ pity ~i1 ids that the ~ i~ pint with ~ I]~ton Flan end the I~~v~1~t I, TT~EIEF~ T'~iE I~~Ti~1I~ F THE TT ~F ITT ~I~ ~1~: 1. The ~n.ding~ ~n,d ~`~ci#ati~n~ ~tai~ed in t ~r~at~b~e ~f ~hi~ urdi a ine~rat ~ ~ r~~e~nee. TI The nine ri lassi~i~ and use si~a#i~ is ~ ~ 'ei~r~o~d lidential Ii~~d I~ gar distri ~ l~iarnal nt~ ~mi~1- I~eizho~d ~-1►T~ dis~rki~~ ~l~i~~~tion and u ~esign~ti.~~ fir ~f1~nd ~n hx~ihit end rti~rl d~s~rib~d i~ Fhiit ~ the ~r~1~, ~vhi ~h ached ~ and ~o ~ei~ bar r~fcre~ ~twith~tn~ the real the ~r~perk n~ ilu~es pmaper~~r the ~erline a~~k atree~ ~t-of-era. ~~I~ 3. The `i ~ ~"~~l ~ ~ ~s amended t~ ewe ~ district ~sii~r~a~un. - ~'TII If a p~a~isi~~ v~thi~ ~diee ~ t licati~~ #h~f't~ ~ ~ircum~e i~ ~e1d inv~li,d ~ ~ e~urt, ~ava~~it shall t ~f~ect validity ~f other ~r~visi ~r 1ica~~~sa and t~ this ~ the pruvisi. ~f this o~dinoe 1e, 17 F"~~ . .~n.~ ~~r io1~ ~~aon ~f`t~~ ardin.~~~ ~h~1,, iia~, ~ ~ i ,04~.4~, F~ ~a that a ~ravi~i ~ft~.~ ~ i.~ vi~~at ~ n~~it ~ a~pa~a ~d ~iin~t ~ff~s~. ETI~I . This ,a111~~rr ~~`~~ti~r f~~n 1~ d fi'i a ~~`i1~ ~~~a ~n~ tie pity ta~y i~ ~er~~ ~ire~te~ to aa~ti ttYi~ ~r~nan~~ t~ ~e ~~b1i~~ tine i~ ~d-i~, ~ i1 nesp~er pli~ a~ ~i~r afi~~ T~s~ i#~in t~ 1~~ t1~~ ~f the d~t~ fits p~ssag~. r P 1 II~~~ILtLa ~ ~A~~ 11~ ~ TT~ r 18 a~ ~~~~-0~ ~~IT RV~lF~~ I~ET~41L E~1T~R LEGAL EEIE_ I~EIi~~r, of a ~ ~ tC'k ~f 1~~ ~it~~ ~ ~liz biz urv bpi pity ~f 1 ~'e~c} ~ ~ a~1 ~~`tt~t ~ trot ~f I~~ ~ ~cia~ artI~d i#h'~n~o~'~ Lien t~ I- ~md r~v~r~~-rd ~artn, ~ in ~~um~ 41 , ~a~~ S ~f the ~ ~f `~~n#nn nu~'T; s~d'~~~~ r~ ~t ~~in m.~r~ ~~u1~`~~r ~ri~~d ~ fnl~~; EEIfVhllhl~ ~t ~ ~1~in~h Ir~r~ rid with "Pagu~ End ~ ~ ~~tf~r rn~rat the int~r~~~i~~ ~f ~r~t~rli~~ ~f Eafard ~aad and tf~~ ut~~~~t right-,~r Ilr~ ~f Ir~t~r~t~ I~~ riahl~ id#h n~~~]~~; THEfVE, a~~~ s~i~ ~outf~~t lir~~ Ir~t~r~#~t~ Hi'g~r the 1`~IJ~I~~ thr~~ ~ ~II~: hi~r~ ~r~, ~I~ minute 1 ~ ~r~ E~~#, ~ di~t~n ~f ~I~. ~ ~ r~~num~nt f~n~ ~t ~n angle ~ointf ~I~rkh # ~~~r~~~, ~ r~in~a~, a~d~ Vest, ~ ~ina~ 7~, i:~~t#~ ~ #I~rh ar~n fa~n~ ~t ~I~ p~lnt~ rd~~ 0 ~r~ T rninutas, Ea~#, ~ ~ia~n~e ~ 6.~~ f~~t t~ ~ br~kan ~~nt~ rnum~nt f~un~ fir mgr, s~i~ p~lr~t ~I ~~rn~ # utf~st o~rrMer tha# Sartain tr~~t ~f Ind ~~rih Tray I~! an Lime V~anr ~ ~ Ir~r~, L.~. r~~r~a~ irr l~~lurr~ ~~4~# P~ ~ tf~e salt D~ I~rd~; THEfV~, ~utl~ d~grs, mins~ 4~ East, ~apartln~ ~ said ~~utl~st Ilr~~ o~ Int~rt~ Hi~h,a~ ~rtd ~I~n-tha s~utf~ ling said Estrus Invtmer~# tr~~#, ~ di~#anc~ of ~~r 1 e tV ~ ~7'll I~ ~~4'~I ~ ~V~4 I I~ I ~1 I I~' } ~~G~I~ ~~~n4 ~L~LJ t " 1~ ~f $ail~ P~tnJ$ Ir~r~~r~~ trait, THEfVE~ ~a~r~~s, 7 mir~u ~ s~~an~ Vll~~t~ ~~~ar~n~ the said s~ut~ ling ~i f,+lv#rr~ant tr~~t and al~n~ the t ling ~f salt I~~ and rf Eat ~aa~t, ~ ~is~ar ~ S 'I -1l7~~1 iron fa~r~i fir ~~il~f; ~I ~ I~t ~I`s~ [I'1~ ~ r~ f181~11$t I'~~r t~ r~aln try ~f l~r~d ~~sl~nd I~'1 anent D t~ Miry ~I~~a M~amnar~ r~rd~d In ~~rr~ Page ~ ~f the Id f~~~rNds; THE~1E, N~r#h ~ ~r~ ~ r~ir~utss, 5 ~nl~s I~s#~ ~~r~n~ tha said ~t I~► I ~n~ raFord R~ P~rtnar~ ~ ~I~r~~ the line said M~man tra# a ~I~t~n fit ~ t-Inch Ir~r~ fond f~r~am~r~ ~Id dint also ~~ing the n~rlhrrt~rn~r~Fsai~ ~~~rrnarl tr~ TH~I~1Et utl7 4~ ~ras~} rnin~#~ ~ sn West, da~~r~r~~ the Id ~~rtf~ ling ~Vl~~rrYl~~ tr~Ct aF~l tl1~ 1~+~~ Iln~ ~~I~ Im~an eta ~ distance ~r ~ ~ rail sl~inar set fir ~rr~er in tl~~ I~ o~ntarlirl~ Ind; said paint also ~~ir~g ~ s~utl~t Amer ~f s~l~ Mrrran tr~~#; ~ 19 ~;r~ ' arVG'7~z~74~~0~ YI~ENEw ~ r~ir~ut~e, n~~ ~ depar~r~ the Bald uv~~t lire a~ I~m~an ~ along ire I~ r~t~riin~ ~f ra~r~ d and the a~~th III d I~ ~r~d Crawford ~~rtner~ trek ~ df~n of 54. feet t~ the p~IIVT F B~II~llhl; ~IT~I~IIhI, ~~0,4 re het or a~re~ land, m ~r la~~. 20 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Planning and Development De artment ACM: Howard Martin, 349-8232 ~ SUBJECT: CA06-0008 (Rayzor Ranch) Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from "Neighborhood Centers" to "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations on approximately 257 acres of land located on the south side of U. S. Highway 3 80 (West University Drive) between Interstate Highway 3 5 and Bonnie Brae Street. The site is currently zoned a combination of Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning districts. The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND: Applicant: Allegiance Development Dallas, TX Allegiance Development has submitted a request for a Comprehensive Plan Amendment, a Special Purpose Overlay District and rezoning for the Rayzor Ranch Development. The entire subject property encompasses approximately 410 acres of land located generally on the north and south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 2). The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is currently undeveloped except for an existing self storage facility (to be demolished) (See Exhibit 3). The applicant proposes to construct a combination of retail and single family residential uses. The parcel south of U.S. 380 contains approximately 257 acres (Southern Tract) and is undeveloped (a single family structure was recently removed) (Exhibit 4). The applicant is proposing to develop a combination of retail (pad sites and an outdoor mall), residential (single family and multifamily), two hotels, offices, museums and park uses. On March 27, 2007, the City Council approved a Comprehensive Plan amendment for the Northern Tract from "Neighborhood Centers", "Existing Land Use" and "Community Mixed Use Centers" land use designations to "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations. The Council also approved the first phase of the Special Purpose Overlay District for the entire 410 acre Rayzor Ranch site and a rezoning of 53.65 acres of the Northern Tract from Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the Overlay District. The City Council is being asked to consider the Comprehensive Plan designation for the second phase of the Rayzor Ranch project at this time. The request consists of a Comprehensive Plan amendment from a "Neighborhood Centers" future land use designation to a "Regional Mixed Use Centers" designation on approximately 192 acres of the Southern Tract with retention of the existing "Neighborhood Centers" designation on the remaining 65 acres. The final phase of the Rayzor Ranch proposal will involve rezoning the base zoning of the remainder of the subject property along with additional amendments to the Special Purpose Overlay District on which single family, multifamily and office uses are being proposed. The applicant's request for special sign consideration will also be brought forward for public hearing at a later date. The properties surrounding the entire 410-acre site are being sent notices for each phase of public hearings since the proposed standards affect property on both sides of U.S. 380. Public notification information is provided in Exhibit 7. As of this writing, staff has received one response in favor and one response in favor of the commercial with concerns about the proposed residential uses from property owners within 200 feet of the subject site (See Exhibit 8). OPTIONS: 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION: The Planning and Zoning Commission recommends approval (7-0) of this request. PRIOR ACTION/REVIEW: 1. December 6, 2006 Planning and Zoning Commission Work Session Regarding Proposed Mobility Plan Amendment for Rayzor Ranch 2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission recommended approval 7-0) 3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Council approved 7-0) 4. February 21, 2007 Planning and Zoning Commission Work Session Regarding Northern Tract Comprehensive Plan Amendment 5. February 28, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District and Rezoning 6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District and Rezoning 7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District and Rezoning (The Commission recommended approval 7-0) 8. March 27, 2007 city Council Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District and Rezoning (The City Council Approved 7-0) 9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District and Rezoning 10. April 18, 2007 Planning and Zoning Commission Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District and Rezoning 11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay District and Rezoning (The Commission recommended approval 7-0) EXHIBITS: 1. Staff Analysis 2. Aerial Overview of Entire Subject Property 3. Aerial of Northern Tract 4. Aerial of Southern Tract 5. Existing Future Land Use Designations for Southern Tract 6. Proposed Future Land Use Designations for Southern Tract 7. Notification Map 8. Mixed-Use Activity Center Chart 9. Notification Responses 10. Planning and Zoning Commission Minutes -May 9, 2007 11.Ordinance Prepared by: :4 ~ti:~ . ~ z ,r ~~r:.r i.. k, k,: r.• . Chuck Russell, AICP Planner III Respectfully submitted: ........f ~ ..'.'Y ~ . ~ ~ t > h................~.~.~.~.~.~.~.~.~.~...~ Brian Lockley, AICP Interim Director of Planning & Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANAL YSIS CASE N0: CA06-0008 DATE TO BE CONSIDERED: May 9, 2007 LOCATION: The property is located on the south side of U.S. Highway 380 (West University Drive) between Interstate Highway 35N and Bonnie Brae Street OWNER/ Allegiance Development APPLICANT: 14881 Quorum Drive, Suite 950 Dallas, TX 75254 RE VEST: Consider a Comprehensive Plan Amendment from "Neighborhood Centers" to "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations on approximately 257 acres of land located on the south side of U. S. Highway 3 80 (West University Drive) between Interstate Highway 35 and Bonnie Brae Street. RECOMHENDATION: The Planning and Zoning Commission recommends approval of this request (7-0) C0IVIPREHENSlVEPZAN "Neighborhood Centers" DESIGNATIONS: SITEAND SURROUNDINGS: The property is currently undeveloped except for an existing self storage facility along U.S. 380. North: Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G); Retail, Lodging Storage and Undeveloped Land (Rayzor Ranch Northern Tract) East: Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G); City Park, Retail and Single Family South: Downtown Commercial General (DC-G) and Regional Center Commercial Downtown (RCC-D); Hospital and Office West: Industrial Center Employment (IC-E); Commercial and Undeveloped Land BACKGROUND INFORMATION: The applicant is proposing to develop approximately 892,000 total square feet of commercial uses on the Northern tract which will consist of 454,000 square feet in three "big box" retail centers 287,000 square feet of smaller "junior box" retail uses 100,000 square feet of stand alone retail, office and restaurant uses in addition to 162 single family detached units and 186 single family attached units (townhomes). Two gas well pads are also proposed along the north side of the subject site. The retail portion of the Northern Tract will comprise approximately 95.6 acres with the residential area using the remaining 48.8 acres. The applicant is proposing to develop a total of approximately 1,166,000 square feet of commercial uses on the Southern Tract which will consist of 450,000 square feet in three large department stores, a junior anchor and a book store; 419,000 square feet of retail, theater and food court uses incorporated into the outdoor mall; and 234,000 square feet of stand alone retail, restaurant and grocery store uses. Two 8 to 10 story hotels, a continuing care facility and approximately 360,000 square feet of office space are also being proposed. Finally, the applicant is proposing to develop approximately 185 single family detached units, and 496 single family attached units (townhomes) and up to 500 multifamily units on the Southern Tract. Two gas well pads are proposed along the east (Bonnie Brae) side of the subject site. The applicant is requesting to designate the subject property "Regional Mixed Use Centers" and "Neighborhood Centers" future land use areas within the Denton Plan in order to facilitate their proposed development. ANALYSIS: The Denton Plan identifies Neighborhood Mixed Use Activity Centers as being up to 10 acres in size and having a typical store size of less than 4,000 square feet (convenience and service uses). The portion of the Sothern Tract under consideration fits the category of a Regional Mixed Use Center, which, according to the Denton Plan includes areas that exceed 30 acres in size and stores that are greater than 100,000 square feet (See Exhibit 8). According to the Denton Plan, the description of a "Regional Mixed Use Centers" designation reads as follows: "For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. 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. height ~ mass. " The Regional Mixed Use Centers land use designation was designed to allow uses such as shopping services and recreation that support the entire region. The location of the property at the southeast corner of I-35 and U.S. Highway 38o is regional in nature and consumers can easily access the site without overburdening the surrounding area. The current commercial and retail uses within the nearby area and the location of an adjacent major transportation intersection qualify this area as a regional activity center, which is serving the community at a larger scale. Staff is of the opinion that the Regional Mixed Use center land use designation is consistent with The Denton Plan land use goals and principles. According to the Denton Plan, the description of a "Neighborhood Centers" designation reads as follows: "Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. 1~lixed 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. These support uses could include service- oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with town homes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood "greens" and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper f loons. " The Neighborhood Centers land use designation already exists on the subject property. The request will maintain the designation so that it will continue to serve as a buffer between the "Regional Mixed Use Center" category that is proposed and the neighborhood that is located east of the site. DEPAR TMENT AND A GENCY REVIEW: All Department and Agency comments and issues have been addressed. FINDINGS: The application must also address the impact of the proposed change on the following: a. The Goals and Objectives of The Denton Plan; The Denton Plan recommends distribution of various types of uses in appropriate locations throughout the City. It also encourages the location of uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. The proposed project is well situated and compatible with the surrounding area. The area around I-3 5 and U. S . 3 80 has developed into a focal point with the location of several retail and commercial uses. The area to the east of the proposed retail contains an established single-family residential neighborhood. The applicant is proposing new higher density single family residential uses between the proposed retail and existing single-family neighborhood which will act as a buffer and a transitional area between the two types of uses. Therefore, the proposed development of retail along U.S. 380 near I- 35 and its associated residential component to the east are in harmony with the existing uses in the area. b. The Future Land Use element of The Denton Plan; The land use designation change should not have an adverse impact on the Future Land Use element of the Denton Plan. The proposed land use designations do not have an adverse impact on the Future Land Use element of the Denton Plan. The location of the proposed Regional Mixed Use Center designation is a continuation of the same land use category to the northwest across I-35 and the north across U.S. 380. c. The balance of land uses in the City; and Replacing the more neighborhood and community-oriented designations with a regional serving designation is appropriate at this location. The proximity of the site to an Interstate Freeway and a major east/west arterial lends itself to the development of more regional serving uses. Adequate amounts of "Existing Land Use" and "Community Mixed Use Center" designated lands exist throughout the City as well as east of the subject property across Bonnie Brae. d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect the provision of the services anticipated in The Denton Plan. The applicant has submitted multiple studies addressing the facility needs of the proposed project. Adequate infrastructure will be in place to serve the development prior to its completion without adversely impacting the services to other areas. In fact, many of the facilities will be replaced and improved through the development of this proj ect. The actions in Section 35.3.3.A shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morals, or general welfare against the right to the use of the property in issue: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; The existing uses surrounding the subj ect property are compatible with the proposed uses on the subject property. The proposed development will not impede the orderly development of the surrounding properties. b. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed development is compatible with the adjacent districts and will mesh with the existing nearby designations. The amendment will not create an isolated district. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements; Multiple infrastructure improvements are required to serve the proposed development and adequate provisions will be made to serve the existing and future population density associated with this project. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; The City and other governmental agencies (e.g. TXDOT and DISD) are working with the applicant to address all costs associated with providing, improving, increasing and maintaining public utilities schools, streets and other public safety measures that must be constructed to serve this proposal. e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity; The applicant will also have to adhere to all subdivision regulations during the platting process. f Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and The type of development being proposed exceeds the allowable standards within the existing future land use designations and zoning districts. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. The character of the site is suitable for the uses and development standards contemplated by the proposed future land use designations. The locations of the proposed uses, both retail and residential, are laid out in a manner that should not negatively impact the existing adjacent uses. Additional measures are being required to help screen and buffer existing uses as well. The requested is consistent with the requirements of a Comprehensive Plan Amendment in the Denton Development Code and the standards within the Denton Plan. EXHIBIT 2 Aerial Overview of Entire Subject Property . h...h . . h { 4 { } { { { { S { { { { 'f ~~ii:.:.. .'.'yn~f'.'.'.'~(1(1(1(:::: jY1(1(:r.. .r. 'w~i:::::::...+ ..w .v UV4~4~•~•~•~~i~ii~~'f ~ Q,~.:q EXHIBIT 3 Aerial of Northern Tract EXHIBIT 4 Aerial of Southern Tract EXHIBIT 5 Existing Future Land Use Designations for Southern Tract Regional Mixed Use Center EXHIBIT 6 Proposed Future Land Use Designations for Southern Tract Regional Mixed Use Center EXHIBIT 7 Notification Map ME o. JlM GHRIST L EXHIBIT 8 Mixed-Use Activity Center Chart Ch~r~#~ri~#i~s of Comm~r~i~l D~~elopm~n# in Mi~~d-I~~ A~#nri#~ Cen#~r~ Neighborhood h+lixed-Use Community Regional Activity Center Mixed-Use ~+lixed-Use Activity Center A~kivity Center Purpose To provide convenience To provide convenience To provide convenience shopping for goods ~ and comparative & com partitive shopping services to an individual shopping for goods & for goods & services to neighborhood services to tin individual tin individual neighborhood as well as neighborhood as well as a number of nearby the entire city ~ neighborhoods surrounding area, Typical Land Up to 1~ acres Up to 3~ acres More than 30 acres Area Typictil Service Up to 1 square m file & lJp to ~ squtire m files Multi-county tireti ~ up Area ~ people and 40,~~~ people to ~~~,000 people Population Typical Retail Convenience grocer Specialty stores, grocer, Malls, Big Box Retail & Tenant drug, hardware Superstores Typical Stare Less thtin 4,00 square Less than 100,00 More than 100,~D0 Sipe feet square feet square feet Typical Convenience ~ Services Convenience & Comparative Purchase Type Comparative Typical Low Medium High Shopping Expenditure Typical High Medium Low Shopping Frequency Typical Service Personal Services Automotive Services Automobile Healers Type s Typical (Nfice Individual Office Spaces Small Office Buidings or Large Office Buildings or Types Mixed-lJse Buildings Mixed-Use Buildings Typical Housing Moderate density, small High & m oderate density, High density, large Types apartment buildings and medium sire mixed-use mixed-use apartment or town homes, housing apartment buildings, condominiumbuildings, above commercial~retail housing above housing above uses commercial~retail uses commercial~retail uses Local Example Bell Place Denton Town Center holden Triangle Mall EXHIBIT 9 Notification Responses ~ ~ ~ ~ ~ red T ~~i~ i~ d ~ ~r~p ~ ~ ~ Flr grin" ~lu~r~ ~ ~ II A+ddF ` _ l17~~ 1 ~`I Phy~~! ~4ree ~1 trap q~, ~ ~ € ~ ' F _ r~ ~ ,J , r • _ .J ~ ~ i ~ ' ~ _ ~ , ■ i , ' ' ~ ..,F i i ~ ' ~ i ~ - ~R■M i 1 1 F •r+a~r ~ fob rip 0 ~ ~ ~f tl ~ ~ m support add ~ opt ~ ~ of ut ~ lei t~ ~ ~ ~t 11 DX' $ - R~ ~ f ~ ~ ~ Iili dr i~~ ~ - dip; T ~ ~ - . 1~ re ~rap$r~y ~ et- 7F~~11 - titi ~ ~ ~ , i ~ h ! ~ ~ 1 ' ~ ~ 1 ~ ~ i{ ' .i 5 ~ Y ~ ~ ~ ~ AY y •a~~~~~ ~ Y : ~ 1 F 1 , y.• ~ ~ ~ r ~ { ■ . s ~ ' ~ j ~ ~ ~ ~ ~ i ~ 1 t, ~ i t t ~ 1 i ~ ~ ~ i f ~ W , ~ ' Y~ ~ ~ F ~ k t i ~4 ? 4 y ~ F 1 ~ 5 ~ ♦I 1 1 ' ~ ~ ~ ;k 4. i 1.• e f 4 ~ 1 II x s- Y ~ t4 ~ - - II y I ~ t ~ ~ ~ ~i'E`~' . ~ • fir, ~ 4x + -~+1~~1 * EXHIBIT 10 Planning and Zoning Commission Minutes -May 9, 2007 ~a ~a ~ 1 The next i will be Ism lea. ~E, wi~ich is 1 tl~e proposod sib fatuity, and multi~'a~ily am~,a that ~ an amendment to the provisions applicable a ~peCial ~ frent$ a~ng Bode Brae. It does not inctu tl~e two 3 impose District aasi~ication encompassing 3 propesed gas will site, It also doe8 rat included the ~ ~pproximntely 41~ acres of land locs~d n~ally nn 4 propose ~ ncrc subs~tion site. That will bo crn~ing S sides of r ~ighvvay ~S~ between interstate S ~d Bonnie ~ In the next phase. And it des not col tl~ pr~poscd ~ Brae pravidtng for a caning change from Nl~ad ~ off ce ~dcvelopm~nt that frant~ along scripture. It dam 7 Isidential3,1~1b~rhaad l~sidential ~leigh6orhoad 7 include the continuing ire fa~tlity, the outd~er mall 8 Mia~d U 12, ~Teighba~rl~od Resitrrdal tvlixed L]se and 8 retail as was discussed, tie two hotel A~'asod hotel 9 nwim~ity Mixed. Use ~reneral ~r~g District. Nir_ Russell. 9 locations, existi~,g I'm sorry, proposed B~wus#oue, a 1D Lt's pause for one minute and let the traffic clear. ter, 1~ t~rr~ home developr~a,t along papa t~-acre posed 1l l~ussell. l 1 public park, that within that public park area, wo are 1~ hdR, i~U55ELL: h~fi'. Chsamsn, ~ of the ~ ~ also i~c as pcnrutted. uses wotald be up to 13 C,omrnission, tl~ next itepd a~ yo~t mentioned is zening, 1 possr~ly two museums arc 1noldng to locate ttaere as well 14 cia1 l~upese erlay ~is~ict Amendment amid proposed 1~ as an outdoor amphithea~~typc facility, gr'sture on 1 ~ re,~ning of a ~ ott of the 410 ecre~s fiat ilia Rayz❑r 1 S tl~ nh~ side #his tract in addition ~ additior~~l i ~ Itch Ive)~pment. A~sin, the first plan see a$ 1 ~ ontparcel sta~dyalone Mail uses, l7 ~ dcsoribed previously is the overall. sitie plan ]ayant for 1~ Exis#ir~ oaring then is a comY~ina#ien of l $ the l~~or Ranch I~velogment. As was mentioned in the 1~ ~rn~, and Tl~e proposed toning wcsuld actually l~k l ~ dark ~~essia~ earlier, even since cation an Agenda Z~ 1 this new that we've talteen eff the p~rc~ls that w~l w+e have as I've mer►tianed, gamd, back overall ~a of ~D be ccr~idened later. Again, in that backup duet it 1 ~ ~nsidcration for the portion of this request. scribes in detail and I'll read tfiat into the record The aver~y distriot was ady app~ravexl oz3 the ertti~ h shy about what consists wi#h the ~t-i, ~3 41~ acres and we are atrdin,~ some of conditions of ~3 ha#el, sr, single family ~ and p, perk ~s well a$ c~ 24 that orlay distrio#. hut, again, the r~oning of #hc ~4 centi,nuing 1•ac~lity, ~5 ~ er~istir~g use coning is an appraxiinately, I hel_ieve, ~ Iu addition, tonight you axe bed asked ~ Pay 3~ gage ~ . 1 dive ~r tak,~ a~reS pf the 41Q, At~d., a~ai~, ~3.~ live 1 consider racamn~nding approval of proposed alterative ~ already been rc~ned. The raauacl~ will came bard for s sections, primarily on south side ofthe xis ~ tt a fu~tt~e date. ~ 38~. As I rationed in the Work ssiona t~s~ street 4 The ~lic~ shoves the aria under 4 sections tlonf t mgt the specifics witl~n cor~sid~r~ti~n t~ ~~rth of u,5 384, It i~ ~ ~ transportatiom criteria manual. '~ey're prlrnarily a ~ appr~ximate~y I acres and, again, the area highlighted 6 little mare narrew in terms of bath drive aisles and T irY tad hay already b~v rezoned. fir ~ hid bay ? the ovll right-of~wa~ but their do inclu additional 8 devel~prner,. Tie re~~~ing or ages does cansi.~t 8 widths for sideway and Ehey're signed to be mom ~ ~f retail aid ilia pmpos~d weber gtity feature which is ~ pcdrian-oriented in which ~ and it's detinod 1~ situated on about mine acres. l~ i#'$ need as context ~ensit~vity wl we've ~ the 1 I ~ wing then ~~isting today, t~ part that t l apptic~xit and their ce~+sult~nts f~ave looked. at the w 1~ ~ was rued i~ l~iarch tv ~ base RAC i~g District with l2 this Pre'Posod delopment is laid # and tl3eey have 1~ the overlay, the rei~ni~g area that's under c~tysiderati~n t3 lmapascd streets that they feel are adequate sere this 1~ tight zs ~otred ~I~Mi1~1~,1~[7 aid The proposed 14 a ~f development and it ~acludes parallel parkin i5 ~nin~ then ~u'otald be to ~xp~nd the base R~ fining as 15 ~paocs ~itbiu the right-ef~vay as w+~11 as ang~ p~`kir~g, 1~ shown rm this exhibit, lb especially around the posed mall site. And staff's 1'~ The app~i~ant's --the attachrttent that was 17 cons~taats consultxrg eugirg has re~+id ibis, 18 dls#~i~4tted bo you the 4r~ ~es~i~n, this is the 1~ ievieuued $ traffic impact analysis aid dues suppoat these 1~ conceptt mining plan that's also rei~crred to in t} 19 sit scc#i~ns with ene.exception, the 3~llow main prop~s~xi. conditions. The R~•3 sub area is for the big boas ~0 aorthl~outh spine labeled as Heritage Trail s have ~1 retl. RR-2 is also retail and will pent the 2t three c~omr~po~nea~ts treat ~uve feel do nod addi#iensl study and ~2 a~ditiattal in line j nnior 1~ox retail as web as the out ~2 we would lid to be --bring tf~at back to you at a 1~1e;t ~3 parcel. And the ~ stands for the water quality feature 2~ tiu~. ~4 park open spate area, youth side ~5? acres, again, the In addit2un, tonight staff would recommend ~5 . area 'S under cansid.~r~t1~Ii t~l.~ dQeS nUt include to the ~omntission that y~~. move forward ar recommend tl~t Fad Page ~ 1 you move foeward with tie f~~wing attached cations ~ And, main, that' ~ in thai handout that ~ which will ~wasiclly subst€tu~ as ar~kdtuural ~ and I wanrt rid t~rh emery ors of t1n, But for ~ guidelines until we can get t1~ art to nl~ 1~asically ~ m~-~ area, x~-2 and P cn ~c r sib of us and the 4 ~ ibit~ and brig t]~t f~,rward you also at a 4 area as defined as - ~~1 mot, oc, ~-2, enly ~ lam tzrrac. The #'arst e~va.~nn ~rou sec is a ~ for po~ou ~f the for the Browuston that font ~ de~nstratinn of what retail component would leak ~ slang heritage Trail, not fir the single family 7 ~ like, stand alone r~etsil aleng ~~o and mare of mufti-family that fron#s along Bonnie ~ra~e in P aura $ same more ~f the sarr ~ this evat~~, .Acrd v~hi~a is ~ ~ acre plus another tl or four ~ of ~ fod~ four slides a eabi~ ~f what the Town nor ~ pans and spate as skvn en t exhibit, 1D wi111 ham, l T~y're Aso ~d s deviation 11 Aid we're g~itrg to att$ch tae at this I 1 from tl~ ~odc iu terms of the minimum yard al~uttir a .l Mme and recd that wee m f~rwaxd~ And, again, 1~ singly family use or district floor ~ area xatio and 13 ~ will working wig tl~ applicant ~n tit that wi31 t 3 maximum building fights as shown on that ea~ibit. ~ l~ su~prt use e~tj~~~ This proposed lar~seape #abl~, 14 staff is reeom3rbeuding approval subject t~ tl conditions ~ ~ again, his was approved in the first pl~se but rt will h~ 1~ as w~ as the elcvatirn~s that we've gone tugti tonight l~~ . pried forward and just as a remiuder~~~ the o®mi~sinc 1G is addi~a~ the arclntectur~l guidelines that were 17 as a tradaff for acl~di~onal s1u#'ace parking that the 17 ah~eady apgxoved pxcvia~uslY f~ first p as ~ as 1 ~ applicant is l~xs to ~o place on bath n and 1~ the foot tl~t ubo~gtor 13 a1d~r has archi~r~ 1~~ s~lrth sides of 38~, they a also going to camnvtted ~ 1~ guudelines that will he in piece until we gc bank in and pra~viding znirrim la~dscape~d a arrd lot covera,~c that ~D creaCe this ad,ditiar lata~e. ~1 exceeds normal c~d~e ueuts to balers out that ~ l I'll ~e ~app~+ t~ ~au~r any questi~r~s you ad~iit5i~na1 paved . Tl~ chart and we've t1n,~ugh have. Arty gr►e$tions of r. Rush Tank ~r~nf her. ibis before as well but this is and tl,~ is~im dour txsll. ~V~}ll new ~n p~zbiic heaxiug. IS haelp undo' Exlu~si# $ aid SA~ T applicant subnzid a ~4 applicant heir ~ Y wish to .~peak~ ~5 lr that basically clefs the difter~~s ~ , min, Randy ~elca~b, ~$~3 P~g~ ~4 ~a~~ 3 1 r~uired lands+ca~i and what's being proposed. And 1 ~Nagcner Dries, ~irstt I want to thanlt staff, you .ys ~ ~ff is ndlrlg t]~at support tie CS. ~ have worked ray hard ~ ~s and I th]tlc we're beep at 3 ~ of f~vv ~f t tia]Iy provide landscapir+g that 3 this pr~l~ably nine months sow, end I ale want ~ exceeds vrhat#s already i~ o today. kith tba~ I 4 t veil, It t~ ague to spud up iu f~~t cf a ~ out like tc read stn the xee~xd staff's reeo~ati~n ~ crowd of peop~ and I think leng-1~[n actually ~ ~ was ~istrihuted to you ~ the orl~ session the page ~ 6 even the ~ term it's going ~to ~ ~`f in ~yg ways fir 7 title of srunrrrary of draft ire staff day 7 ~ the pity ~f Denton. ~U'c keep the regional shoppirsg ccn~r ~ reme~d approval a~ booth base coning change as well $ ~ pity. And I think that's critical for all of u~ 9 as the antien~aeats ~ l~ay~~` loch trlay I}istrict. ~ and eapeciaily economically fur ~e pity, I~ That includes t~ street ataBd~rls, r than H~rit 1 ~ I want to just lay out the plan az~d just 11 Trail. Landscaping will be as ger ode except as shown on 11 t~1k about ~1ao just briefly just for a moonent, ~~d I l Exhibits ~ and.~A~ in your bael e` a~dirrg 1 ~ realise we' talking al~at ret.l b tcna~ht, but l f'initions to the uvcrla~r district fir continuing care, l~ as we've gone throes and I'll call it site planned grid 1~ public area space and the l~ay~or Ranch development 14 merch~ndiscd the whale sha~pPing meter, ~Ue rvanted~t~ ~ako l itself, Ih terms of pit uses, we've narrowed that 15 sure tl~.t we previded a rdce bum from existing 1 ~ down ifl scope and were focused oa previding sciftc use l ~ residential so ~ro~'vo t residential that sin 1? be mowed as per that c~ncep~ial z~urn diagram. `e've 17 family d~tachcd in ttie first prim and then plirrg into 18 also attael~d the de~il,ed mash' site plan as well as the 18 mare residential and ~ you,'ve got hill that we're 1~ ~ conceptual ~onit ply} they'll be attached to the 1 ~ prese~vi> rn~t b and so fr~n far the cxist~g ~0 gr~inaoce. o, again, this ties provide much nrorc devil ~ residential that's east df Bin Bei you will hard ~1 on wh$t tl3e develop will ~~1y look l in ors l even sec t>3c Town tenter altlgh it's ding tp he ~f why t buildin~S can lecat~, hew bid the can ~ h~sutiful artd 7 think we'd all soon the rex~dariug~ that where the parking will he located, perks and al,~ it ~ 3 we're lacer rlu~rli~g irY scone of our tkk ~rou adds tc ~ defines witl]i~ t~se bubbles khc conceptual sorting plan pity, but arck~itactur~]ly, #his is going to he a beautiful ~ ~ t what tl~ uses speci~icaIly will he and permitted, sppin~ meter. Itts going ~ be skiing that wef re l pr~ad of. It's gong ~ be sarxuir that ba-~ngs a lit ~f 1 . ~Q~ivra: ilk you .Yost went to ~ p~p1e to t pity of 17entnn, the ~st$urants lacai~ed awn ~ aee i<f y'all had and questions we could enswee, ~ the cer~fier. ~au've gat movie thr built ins ~ aais~ro ~TRA~~~~ Any ~uestie~n~ of tl 4 sa t~ ape hem with $ feed court unrr~ath. feu#~e t 4 a~pii~ant~ I think ~v~r the last few months we've asked n 1a~t~l, fasten went ataa. 'S''a~i've gat a ~ you a tat of questions. ~ dc~uuble`sid bool~e right lie so wll~ ~ 6 ~ ~ ate. ghat we have, 7 , enter~inment asp~act ❑f laostea~e res~~ ~nevie 7 ~issr~ sT~~~: ~1~ay. I have yards ~ theater, fa~hicn d~pnrt~nt stores, hot~1, we' rally $ that w markCd for peop~ to soak, I wilt mad Bourn 9 fe~u~ed on ~nr~vi~in~ arty ~ ~itya not~t~st eat ~ the list. i 1~ow srnne pile lift. he'll ,e if theme's I~ trying devClop l~~g ccn#ers, ~o~ mow, we're i~ snyon~ here who does wish to spy. I~~rcr, itc1~11, 1 I ~ Ioeal. ~Vert~ from here. Our plays are ~ stay with t ~ ~ I~lliott, R~ell ~Villiair~con, Cason I~a~al, Atti~us fox, l~ ~ ~ and we're excited to da sv. To at~er~d; 'v~ ~ I ~ Pxu~t Cwfond, l~a~ I,ttdrann, Larry Feldman and Diane 1~ ~ l ft~sod~ tral perk. This pis a l•aerc.~arlc . I Hunch. a one wishes to speak. I~oes~the applicant have ~14 ~x1~I thank you've X11 hoard slut the uu,#duar I4 any ~•~co~ent~ coy, ~Je'll case t1~ public 1~. amphithea~ that we're wa~lang aA. Tm fae~ I t I]~n I5 1i. ]]a we ]~~re a n~ti ~ this itr~n. 1~ Sett email tey r~qu~sting that hrir~g u~rr in and i ~o~~ssror~~ Txara:~s~ rill sn move. 1'~ ta]k with urn and l~ and r spy heck in duly about 17 ~~~dMlsr~i~ER STRA[~i~H: ~ have a ~a~on b 111 that BuI Ioe C'ra.mper, my pa~eT~s been Ily fused ~n lg lam. Thama~. i we a end`?, 1~ park and the rnuseum aad I'd lie ~ l7rir ~ sight 1 ~ ~~s~~t~ EA~LST~I~; cond. now and ~0 ~o~n~s~~r~ s~~~: secun,d l}y . 1 ~ . ~ eying. ~ y aa~e is Joe ~ 1 F~gletn~r. ~[ave a m~tinn and a second,. An~+ disassion7 ~ rpm. ~'in ~pident ~f;Alance l~evelap~ent hail If nut, psi vote. And vote passes end LBnd gyp, I think Andy has dbne a g~at~oh of 3 N1R~ H~LC~~f~; thank Yoh very nll#~h, ~4 thag evrone that's been involved in di~ag~nt 4 ~~s~iota~ szv~u: t`hat' ~ the Iast item ~ waorlC of last nine utbs. ~'I'his has l]~ a ~rery public on am Agenda other t1 future Agenda i~es~ i p~oss thoug~~ ~a1~e it didn't liko that tonight, 1 ~ lots of lob cf taught} s of con~iti . 3 fur ~ asps ~f the dev~elopnr~t that way discussed by ~ ~ staff a f~uv minutes a d we 1o~c forward ~ a posies ~ 5 ptt~n tonight. The p t bandy ti is the ~ ~ ~]iiC~e Of enr ~prrojcct, I~ acres a~ch~rad by the ~ ir~useum ~f Texas Art and .rltur~, ~nt1y, we bate $ 7 g ~izndin~ st~us ~ oar o rnilliQn dollars The lay 8 ~ f~il~r ~it~ through tl fau~dat tl~ugh their ~ t~ family trust is natjr g~~,~0~.~0. Allegiance and our 1~ 11 part,~xs ere donating in exre~s of 1. miil3rnn far the 1 l 1 ~ initial f~ciis►~ ~ what will come one of leading ~ 1 ~ rnu~ums in nth Tomas. 13 14 A~ ~anr tnentiened ~rrphith~t~ will l4 1 ~ lei with tl~ museum, This will he the c of the live, 1~ 16 waa~c and play ahnasph~re being crca~l in wbat is going to 1~ l ~ he the second Mail hub ~ lnt~, Ts. T was l7 f $ not fact ~pake of earlier. Tim will t~ two i1 I8 19 ~rridars in Itan, Texas, tls oot away, The I~ ~xeldert Tri~gle does net ~v aa~r. It's fat a fabulous ~t futru~e. It's. of the last located P of land ~1 Ynter~sta~ 3~ in Furth ~`exas. e'r~ so excitod for the fut~ire ntbn. e are c~eitad f 1 fide ~f 1yzar ~4 ~nch and we're p~r~ud to l}e a part ~f the caunity .long-tom. o tha~Ics fir your nsidcraa unit, ORDINANCE ND. F THE CYTY DP DENTDN TEAS, PR~vIDIN FDR AN ENT AN ORDINANCE ~ TD THE FUTURE LAND USE PLAN DF THE LAND ELEIVIENT OF THE DENTON PLAN FDR ' THE CITE DF DENTDN, TEAS, THE AREA FDR .AMENDIVIENT ENCDPASINC~ . ~5~.91-ACRE TRACT DF LAND GENERALLY LOCATED DN THE EAST SIDE DF IH-~, SOUTH DF wEST UN~vERSITY DRIVE I U,S. X80 AND wEST DF BONNIE BRAE STREET, . AND MORE PARTICULARLY DESCRIBED H~ IVIETES AND BOUNDS IN EHI.BIT "A", AND DEPICTED GN EHYBIT "B", BOTH OF WHICH ARE ATTACHED HERETO AND INCGRPGRATED BY REFERENCE HEREIN; AND PRDVIDINCr FAR SEVER.ABILITY AND AN EFFECTIVE DATE. ~CAO~-OaaS~ H.EREAS a~a December ~,1 ~~9, the City of Denton adopted the Denton Plan,199-~~~~; and wIEREAS, ursuant to the procedures set forth .,~.C, I .c ofthe Denton Development p Code the Ci er recanended and initiated an amendment to the Denton Plan, as requested b Alle lance Develo went, from the Land Use Plan of the land element of the Denton Plan for ~ ~ G.91 acres of land, to redesignate this area from a "Neighborhood Centers" land use designation to the "Re lonai Mixed Use Centers" and "Neighborhood Centers" land use designations; and WHEREAS on NIa 9, ~~a~', the Planning and ~vning Can~ission recommended approval Y of the requested Land Use Plan Amendment; and WHEREAS the Ci Council frns that the approval criteria set forth at ~~.3..8 of the Denton Develo went Cade have been satisfied, specifically including the factors set forth at 5,~.3.B.3 of the Denton Development Cade, that ~ all nonce, procedural and substantive ~ r uirerrYents of State law including, but not l~ted to Chapters ~ 11 and ~ l of the Texas Local Government Cade the Denton Plan, and the Denton Developrrier~t Code have been satisf led, d that the ro osed Land Use Plan Amendment is in the best interests ofthe health, safety ar~d general Pp welfare of the citizens of the City of Denton, Texas; NDw, THEREFORE, THE COUNCIL DF THE CITY OF DENTGN HEREBY ORDAINS: SECTION 1, The Land Use Plan i hereby amended far X5.91 acres of land legally described and de icted in Exhibits A and B, attached hereto and incorporated herein by reference p the "Pro a to redesi ate the future land use classi~xcations for said Property from the ~ p ~3 ' `{Nei borhoad Centers" future land use designation to the "Regional Mixed Use Centers and . "Nei hborhood Centers"future land use designations, s illustrated Yn Exhibit B, Notw~thstand~n g . • the above-referenced real roperty decr~pt~on, the property bung reclassified includes all property p to the centerline of all adjacent street rights~of-way.' SECTION The City~s official land use map is aanended to show the change in the future land use designation. SECTION . If any provision ofthis ordinance or the application thereof to any person or circumstance is held invalid b any court, such inval1d~ty shall not affect the validity of other rovxsions or a lication, and to this end the provisions of this ordinance are severable. P pp SECTION 4. This ordinance sha~1 become effective fourteen ~ ~ 4}days from the date of its ass a and the Oi Secretary is hereby directed to cause the caption this ordinance to be u~lished Mice in the Den~an Record-O~ronicle, a daily newspaper pu~llshed the City ofDento, Teas, v~ithin ten ~1 days of the date of its passage, PASSED AND APFRO~ED this the ~ day of ~~~7• FERRO NEILL,IV~AY~R ATTEST: JENNIFER SALTERS, OITY~ SEORETARY" BY: APPROVED AS TO LEGAL FOR1~: EDWIN NYDER, QTY ATTORNEY ~ - r~ r E~H~B1T A LEGAL DERIFTI~N ~~IN a tract of farad situated in the B. B. C. R. Company Survey, Abstract fVa.12, in the City of Denton, Denton County, Texas, being part of a cafled 265,85 acre tract of laf~d ~descriptivn of Shephard Hafl Tract, Tract described indeed to Denton Hilfview, L.P,, recorded in Denton County Clerk's l=ife No. 2005-~ 2450 of the Beal Properky Records of Denton County, Texas, end ail of Lot of LOTS ~ ,2, 8,3 PEA[~CYICHI~ISTON ADDITION fVo. an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet B, Slide 34 of the Plat Retards of Denton County, Texas, and being rears particularly described by metes and bounds as follows: ~EINN~NC at a 518-inch iron rad found in the south right-af~way fine of lll~est I~nEVerity Drive ~U.~ Highway Na. 88~, a ~ 00.2 foot wide pr~blic right-af way} for the northeriy common comer of Lots and 3 of the befarer~entianed LDTS x,2,8,3 PEARCYICHRISTOf~ ADD1T1ON; THEN leaving the south right-of way line of lllfest Dniversity Drive with the common line of Lots ~ and 3, South 41 °08'2fi" Uvest, a distance of 800,00 feet to a 518-inch iron rad found for the southerly common earner of Lots 2 and 3; THENCE leaving the common line of Lots ~ and 3 with the south lines of Lot ~ and Lot 1-C of LOTS ~-A, ~-B, ~-C PEARCYICHRISTON ADDITION Na. an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet L, Aide ~ 88 of the flat Records of Denton County, Texas, South 89°D4'34" East, passing the southeast canner of Lot ~ -C at a distance of ~ ,59 feet and continuing far a fatal distance of ~3~.8~ feet to a 518-inch iron rod found in the west right-of-way fine of Bonnie Brae Street ~a variable width public right~of-way} far the most e2~sterly northeast rner of the beforementioned 2B5.365 acre tract; THENCE with the west right-of-v~ray line of Bonnie Brae Btreet, the fallowing courses and distances to v~rit: -~Sauth 00°5S'S4" llVest, a distance of X438.01 feet to a 518-inch iron rad with "KHA"~ cap set for corner; -South 00°48'51" llvest, a distance of ~ ~ 75.58 feet to a 518-inch Iran rad with "KHA" cap set far the beginning of a curve to the right; ~-Southwesterly, with the curve to the right, through a central angle of 45°01'58", having a radius of 321.0 feet, and chord bearing and distance of South 23°~ 9'4~" Vl~et, 245.91 feet, an arc distance of 252.35 feet to a 518-inch iron rod found for the beginning of a reverse curve to the left; --SQUthwesterly, with the curve to the leftf through a central angle of 5T°31'58", having a radius of 392.41 feet, and chord bearing and distance of South ~ ~°04'4S" 11Vest, l x.30 feet, an arc distance of 393.3 feet to a 518-inch iron rod found far the end of the curve; -South 1 ~°41'10" East, a distance of ~ 4.57 feet to a 518 inch iron rod found far the north end of a corner clip at the intersection of the earth right~a# gray fine of scripture street ~a variable ~vidth public right-of~way} and the west right of-way line of Bonnie Brae Street; . THENCE with the tamer clip, South 39°88'50" Vvest, a distance of ~ 1,48 feet to a 51S-inch Iran rod found far the south end of the corner~clip; THENCE with the narkh right-af way line of Scripture Street, North 88°58'00" Vvest, a distance of 12G5.1fi feet to a 51S-inch iron rod found in the south line of the 285.8855 acre tract; THENE leaving the north right-of way fine a_ f Scripture Street, the following courses and disnces to wit: . -fVorth 01°42'00" East, a distance~af 500.06 feet to a 518~inch iron rod found for comer; --Barth 88°58'00" Uvest, a distance of 761 ~56 feet to a 518-inch iron rod found far carnet; --South 01°02'00" 1~vest, a d~ita~nce of 5Q0.Dfi feet to a 518~inch iron rod found in the north right~f way fine of Scripture Street; SAE THENCE with the north right-of way line of Scripture Street, the following courses and distances to wit: --North 88°58'4a" 1#Ifest, distance of 318,4 feet to ~ 5#8-inch iron rad with "KHA" cap set far corner; -North 88°48'~G" 1Nest, distance of feet to a 18~inch Iran rad found in the northeasterly right-af- wayline Interstate Highway No. 35 {a variable width public right~of-way} and the north right-of-~r~y line ofi Scripture Street far the most southerly southwest corner of the 2B.fi3fi~ acre tract; THEN with the northeasterly right~af'way line Interstate Highway No. the following courses and distances to wit; -~Narth ~ 5°~0'a" Ulfest, a distance of X8.32 feet to a~ 51~-inch Iran rad with "KHA" cap set for corner; --North ~6°24'aa" VI#est, a distance of 49~~ feet to a ~#8~inch iron rod found for corner; --North ~ 4°5a'06" East, a distance of ~ ~1.a1 feet to a -inch brass disk in concrete faund for corner; --Nar#h 4~°~4'~~" fast, a distance of ~a~.5 feet to a 5#8-inch iron rod faund for tamer; -~Narth ~a°~~'~~" East, a distance of 1 X4.22 feet to a X18-inch iron rad faund far corner; , --North Og°58'" East, a dis#ance of 13.x9 feet to a concrete monument found in the south right-af way line of ~I#est University Drive; ~'HENE leaving the northeasterly right-af way line Interstate Highway Na. 5 with the south right-af-wey line of Kest University Drive, the fallowing courses and distances to wit: --South 88°~fi~~8" East, a distance of 244Q.~~ feet to a 5#8~inch iron rod with KHA cap set far career, --South 89°~1'0~" East, a distance of ~ 1 ~.~2 feet to the P~1NT OF BEINh~t~1C and containing 25.91 acres of load, Bearing system based upon Texas State Plane Doardinate System, using monuments R3fi1D1~8 A R3fi1~064. SAGE 4  i s~~~ ~ . M~~~ a ~ ~ ~ ,.~3 ~ ~ ~ ~ ~ ~ ~ .ate ~i ~ so° ,a ~ ,..M ` ~ ~ 4~~~~s { 4~ i ~ 'F.Ix u~i ~Y s EXHIBIT B DENTON PLAN AMENDMENT Regional Mixed Use Center AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Planning and Development De artment ACM: Howard Martin, 349-823 ~ SUBJECT: Z06-0029 and Z06-0030 (Rayzor Ranch) Hold a public hearing and consider adoption of an ordinance amending the provisions applicable to a Special Purpose Overlay District Classification, encompassing approximately 410 acres of land located generally on the north and south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; providing for a zoning change on approximately 223 acres of land located therein from Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D), as well as the amended Rayzor Ranch Overlay District; amending Chapter 35, Subchapter 7.13 of the city of Denton Code of Ordinances, "Denton Development Code", "Special Purpose and Overlay Districts" to amend section 35.7.13 "Rayzor Ranch Overlay District"; providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for severability and an effective date. The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND: Applicant: Allegiance Development Dallas, TX Allegiance Development has submitted a request for a Comprehensive Plan Amendment, Special Purpose Overlay District and rezoning for the Rayzor Ranch Development. The entire subject property encompasses approximately 410 acres of land located generally on the north and south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 2). The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is currently undeveloped except for an existing self storage facility (to be demolished) (See Exhibit 3). The applicant proposes to construct a combination of retail and single family residential uses (See Exhibit 4). The parcel south of U.S. 380 contains approximately 257 acres (Southern Tract) and is undeveloped (a single family structure was recently removed) (Exhibit 5). The applicant is proposing to develop a combination of retail (pad sites and an outdoor mall), residential (single family and multifamily), two hotels, offices, museums and park uses (See Exhibit 6). On March 27, 2007, the City Council approved a Comprehensive Plan amendment for the Northern Tract from "Neighborhood Centers", "Existing Land Use" and "Community Mixed Use Centers" land use designations to "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations. The Council also approved the first phase of the Special Purpose Overlay District for the entire 410 acre Rayzor Ranch site and a rezoning of 53.65 acres of the Northern Tract from Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the Overlay District. The City Council is being asked to consider the second phase of the Rayzor Ranch project at this time, which includes the following: 1. Rezoning approximately 223 of the total 410 acres from NR-6, NRMU-12, NRMU and CM-G zoning districts to a base zoning district of RCC-D. This includes approximately 51 acres within the Northern Tract and 172 acres within the Southern tract. 2. Amending the 410 acre Rayzor Ranch Special Purpose Overlay District to enhance existing and create new standards that will ensure a quality development that enhances and protects the subject property in accordance with Subchapter 7 of the Denton Development Code. The final phase of the Rayzor Ranch rezoning and Overlay District amendments will include the remaining 135 acres of the site on which single family, multifamily and office uses are being proposed. The applicant's request for special sign consideration will also be brought forward for public hearing at a later date. The properties surrounding the entire 410-acre site are being sent notices for each phase of public hearings since the proposed standards affect property on both sides of U.S. 380. Public notification information is provided in Exhibit 7. As of this writing, staff has not received 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 request (7-0) based on the following: 1. The uses and development standards contained within the proposed RCC-D base zoning district as modified by the Special Purpose Overlay District are compatible with the adj acent uses. 2. The proposed zoning change conforms to the Future Land Use element of the Denton Plan as amended by the companion Comprehensive Plan amendment case (CA06- 0008) and is compatible with the criteria for a zoning change as defined in the Development Code. 3. The amendments to the Rayzor Ranch Special Purpose Overlay District are consistent with the standards and criteria as described in Subchapter 7 of the Development Code. 2 PRIOR ACTION/REVIEW: 1. December 6, 2006 Planning and Zoning Commission Work Session Regarding Proposed Mobility Plan Amendment for Rayzor Ranch 2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission recommended approval 7-0) 3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Council approved 7-0) 4. February 21, 2007 Planning and Zoning Commission Work Session Regarding Northern Tract Comprehensive Plan Amendment 5. February 28, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District 6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District 7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended approval 7-0) 8. March 27, 2007 city Council Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District (The City Council Approved 7-0) 9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District 10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District 11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay District and Rezoning (The Commission recommended approval 7-0) EXHIBITS: 1. Staff Analysis 2. Aerial Overview of Entire Subject Property 3. Aerial of Northern Tract 4. Site Plan of Northern Tract 4A. Existing and Proposed Zoning for Northern Tract 5. Aerial of Southern Tract 6. Site Plan of Southern Tract 6A. Existing and Proposed Zoning for Southern Tract 7. Notification Map 8. Landscape/Tree Canopy Chart 8A. Applicant's Letter of Differences Between Code Landscaping and Rayzor Ranch 9. Tree Mitigation Plan 10. Architectural Guidelines 1 1. Street Sections 12. Drainage Exhibit 13. Regional Center Commercial Downtown (RCC-D) Regulations 3 14. Conceptual Zoning Plan for Areas Under Consideration on 5.15.07 15. Notification Responses 16. Planning and Zoning Commission Minutes -May 9, 2007 17. Ordinance Prepared by: n r~~~x.... Chuck Russell, AICP Planner III Respectfully submitted: ....'.'.'F . ~ ~ .~...r :f h'.'.'.'.'. •f }r f Y..'.'.'.'.'.'.... . Brian Lockley, AICP Interim Director of Planning & Development 4 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANAL YSIS CASENO: Z06-0029, Z06-0030 DATE TO BE CONSIDERED: May 15, 2007 LOCATION: The property is located on both sides of U.S. Highway 380 (West University Drive) between Interstate Highway 35N and Bonnie Brae Street OWNER/ Allegiance Development APPLICANT: 14881 Quorum Drive, Suite 950 Dallas, TX 75254 RE VEST: Consider an amendment to the provisions applicable to a Special Purpose Overlay District Classification, encompassing approximately 410 acres of land located generally on the north and south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 3 5 and Bonnie Brae Street; providing for a zoning change on approximately 223 acres of land located therein from Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC- D), as well as the amended Rayzor Ranch Overlay District; amending Chapter 35, Subchapter 7.13 of the City of Denton Code of Ordinances, "Denton Development Code", "Special Purpose and Overlay Districts" to amend section 35.7.13 "Rayzor Ranch Overlay District"; providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for severability and an effective date. RECOMHENDATION: The Planning and Zoning Commission recommends approval of this request (7-0). ZONING Neighborhood Residential 6 (NR-6), Neighborhood DISTRICTS: Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) C0IVIPREHENSIVEPLAN "Neighborhood Centers" and "Regional Mixed Use Centers" DESIGNATIONS: SITEAND SURROUNDINGS: The property is currently undeveloped except for an existing self storage facility along U.S. 380. North: Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12); Office, Townhome, Single Family Detached, Undeveloped Land and a Church 5 East: Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G); City Parks, Retail and Single Family South: Downtown Commercial General (DC-G) and Regional Center Commercial Downtown (RCC-D); Hospital and Office West: Regional Center Commercial Downtown (RCC-D), Community Mixed Use General (CM-G) and Industrial Center Employment (IC-E); Retail, Commercial, Lodging and Undeveloped Land BACKGROUND INFORMATION: Northern Tract: The applicant is proposing to develop approximately 892,000 total square feet of commercial uses on the Northern tract which will consist of 454,000 square feet in three "big box" retail centers 287,000 square feet of smaller "junior box" retail uses 100,000 square feet of stand alone retail, office and restaurant uses in addition to 162 single family detached units and 186 single family attached units (townhomes). Two gas well pads are also proposed along the north side of the subject site. The retail portion of the Northern Tract will comprise approximately 95.6 acres with the residential area using the remaining 48.8 acres. The Northern Tract will also include approximately 9 acres of open space that is being set aside to serve primarily as a drainage and water quality feature. The applicant has worked with staff to utilize the latest guidelines from the North Central Texas Council of Governments regarding control of the materials that typically flow off of commercial property during storms. The water quality feature will be the first of its kind in Denton and will help prevent materials from entering North Lakes pond across Bonnie Brae Street from the site. The proposed commercial zoning for the Northern Tract will be based on the Regional Center Commercial Downtown (RCC-D) zoning district as modified by the Overlay District. Staff is recommending the permitted uses be modeled on the attached Master Site Plan (Exhibits 4 and 6) The request to change the base zoning for the proposed single family residential subarea will be brought forward for public hearing at a later date. Southern Tract: The applicant is proposing to develop a total of approximately 1,166,000 square feet of commercial uses on the Southern Tract which will consist of 450,000 square feet in three large department stores, a junior anchor and a book store; 419,000 square feet of retail, theater and food court uses incorporated into the outdoor mall; and 234,000 square feet of stand alone retail, restaurant and grocery store uses. Two 8 to 10 story hotels, a continuing care facility and approximately 360,000 square feet of office space are also being proposed. Finally, the applicant is proposing to develop approximately 185 single family detached units, and 496 single family attached units (townhomes) and up to 500 6 multifamily units on the Southern Tract. Two gas well pads are proposed along the east (Bonnie Brae) side of the subject site. The Southern Tract will also include approximately 18.21 acres park land which includes a 15-acre central park that is planned to contain an outdoor entertainment facility and one or two museums. The proposed zoning for the portion of the Southern Tract that is under consideration at this time will be based on the Regional Center Commercial Downtown (RCC-D) zoning district as modified by the Overlay District. Staff is recommending the permitted uses be modeled on the attached Master Site Plan (Exhibits 4 and 6) The request to change the base zoning for the proposed single family and multifamily residential subarea will be brought forward for public hearing at a later date. General Issues: The applicant is requesting the current Development Code requirement that prohibits impervious surface parking from exceeding the number of Code required parking spaces be varied. Based on the preliminary information provided by the applicant, approximately 10,600 parking spaces are being proposed for all of the retail uses within the entire of Rayzor Ranch development on both sides of U.S. 380, including 1,400 spaces located within parking garages. Approximately 4,300 spaces are proposed for the Northern Tract and 6,300 spaces are being proposed for the Southern Tract. The Development Code requirement for retail parking for the entire Rayzor Ranch site is approximately 6,800 parking spaces. The applicant is utilizing tree planting areas and tree canopies to mitigate for their requested additional surface parking areas. Tree canopy is a key method of compensating for impervious surface coverage (parking lots). The applicant is also using open space and tree canopy within the Southern Tract to help compensate for any Code required shortage of open space and tree canopy within the Northern Tract. The applicant will provide an overall excess of open space and tree canopy, much like a typical Alternative Development Plan process. The chart provided in Exhibit 8 shows the applicant's proposed tree canopy and open space by percentages. This chart was approved by City Council as a part of the first phase of the Overlay District on March 27, 2007. Exhibit 8A includes a letter from the applicant that summarizes the differences between the landscaping regulations in the Denton Development Code and what is being proposed for Rayzor Ranch. The applicant will plant as many trees as possible within the boundaries of the Rayzor Ranch development (Exhibit 9) to mitigate for previously removed trees on site. This exhibit was approved by City Council as a part of the first phase of the Overlay District on March 27, 2007. A 15-acre park is proposed within the Southern Tract that will provide an opportunity for new tree planting. Staff has also provided the applicant with off site tree planting options in North Lakes Park and along the median of Windsor Street. An escrow fund to cover the cost of the mitigation trees will be required through a developer's agreement. Subchapter 13 of the Denton Development Code regulates the site and architectural design standards for residential and nonresidential development. Staff has encouraged the applicant to provide a unified architectural theme throughout the proposed 7 development to enhance the special nature of the proposed development and help justify the need to modify the standard regulations in the Code through the use of a Special Purpose Overlay District. The applicant has proposed some modifications to these Code requirements to accommodate their development. Some of these modifications are less restrictive than the Code and some are more restrictive. The retail structures will be required to provide building materials and colors on walls visible from streets that exceed the current Code requirements. The text for staff's recommended architectural guidelines will be brought forward with the next phase of the Overlay District for consideration. In the meantime, elevations are attached in Exhibit 10 that will establish guidelines for the retail development until the text is adopted. The standards for the big box retail were approved by City Council as a part of the first phase of the Overlay District on March 27, 2007. Staff has identified the minimum acceptable transportation improvements that must be completed prior to the opening the retail uses within the Northern Tract. They were approved by City Council as a part of the first phase of the Overlay District on March 27, 2007. U. S. 380 and Bonnie Brae will have to be improved to accommodate the overall Rayzor Ranch development. The U.S. 380 improvement project will create a minimum of six lanes (three in each direction), double left turn lanes at the major entrances and two new signal lights. Staff is continuing to work with the applicant to make sure that adequate improvements are in place along U.S. 380 prior to the opening of the commercial phase of development within the Southern tract. The applicant has proposed street sections for much of the Southern Tract that are not adopted standards defined in the City Transportation Criteria Manual. Many of the street widths are narrower than what the Criteria Manual requires. The applicant and staff have worked together to resolve the City's concerns over parking and access brought about by these alternative street sections (defined as Context Sensitive). These street sections have been reviewed by the City's consulting engineers and have been approved with one exception (see consultant's comments below). The applicant has demonstrated to the satisfaction of the City's consulting engineer that despite the narrower width of these street sections, they will provide adequate capacity to serve the traffic generated by the proposed development. The alternative street sections are attached as Exhibit 1 1. A Traffic Impact Analysis (TIA) was completed by the applicant and was reviewed by the City's consulting engineer. Their comments are as follows: "The TIA, as amended, is approved contingent upon the additional analysis of Heritage Trail that was agreed upon at the meeting on 2-19-07 which includes the following: a. Roundabout Analysis on Heritage Trail b. Intersection type for all Heritage Trail intersections (Signalized, 4-way stop, or 2 - waystop). Please provide an exhibit indicating the intersection type with justification. This should include a signal warrant analysis at the intersections of Panhandle Street and Crescent Street. c. Heritage Trail capacity analysis (with and without tandem parallel parking). At the meeting on 4-19-07 we also discussed raised intersections and how they impact the capacity of the street. 8 The proposed road section for Heritage Trail that was discussed at the meeting on 4-19- 07, is approved but the analysis of the above mentioned items to justify the intersection type, type of parking, and use of raised intersections needs to be provided" The topography of most of the Northern Tract and part of the Southern Tract forces water to drain from the north and west to the south and east until in ends up in a pipe under Bonnie Brae and flows into North Lakes pond (See Exhibit 12). As mentioned previously above, drainage and water quality requirements were approved by City Council as a part of the first phase of the Overlay District on March 27, 2007. These requirements are designed to ensure that flow of storm water can be controlled by the existing pond and dam in North Lakes Park as well as to control the amount of pollutants that will enter the pond since it is used for recreational activities. The applicant and staff are continuing to work on outstanding issues regarding the proposed residential areas both north and south of U.S. 380 which include utility locations, shared access drives and maintenance responsibilities. Staff is also not ready to make a recommendation on the proposed density of the single family or multifamily residential being proposed by the applicant. As stated above, these areas will be brought forward for consideration at a later date along with the applicant's proposed Special Sign District regulations. A1VAL YSIS: Development Code/Zoning Analysis: The proposed zoning under consideration at this time is a modified (via the Special Purpose Overlay District) Regional Center Commercial Downtown (RCC-D) zoning district. The permitted uses are based on the uses shown in Exhibits 4 and 6. A conceptual zoning exhibit has also been attached as Exhibit 14. The RR- l , 2 and 3 subareas will contain the commercial development. The P subareas will be limited to open space, parks, landscaping, the water quality feature on the Northern Tract and possibly two museums and an outdoor entertainment facility on the Southern Tract. The Hotel/RR subareas will contain he two proposed hotels and/or additional commercial uses. The CC subareas contain the proposed continuing care facility. The SF-2 subarea along the west side of the P subareas in the Southern Tract will contain townhomes. The portion of Northern Tract under consideration will utilize the same development standards (e.g. setbacks, building height, FAR, etc.) as the RCC-D in the Denton Development Code (See Exhibit 13) in addition to the following: 1. The maximum gross lot coverage (not including sidewalks within planted areas and paved plaza spaces) for the Northern Tract retail area (including the water quality feature) will be 79% instead of 90% as permitted within the RCC-D by Code. 2. The minimum landscaped area (open space) will be 21 % instead of 10% as required by the RCC-D. 3. The only permitted uses will be as shown on the attached Master Site Plan (Exhibit 4) which includes retail (big box, junior anchor and stand alone), restaurants and banks (both with drive-through capabilities). 9 The portion of Southern Tract under consideration will also utilize most of the same development standards as the RCC-D in addition to the following: 1. The maximum gross lot coverage (not including sidewalks within planted areas and paved plaza spaces) for the portion of the Southern Tract under consideration at this time will be 68.7% instead of 90% as permitted within the RCC-D. 2. The minimum landscaped area (open space) will be 31.3% instead of 10% as required by the RCC-D. 3. The only permitted uses will be as shown on the attached Master Site Plan (Exhibit 6) which includes retail, restaurants, movie theaters, museums, hotels, grocery stores, major event entertainment (by SUP), townhomes and a continuing care facility. 4. The maximum FAR will be 4.0 instead of 3.0 as limited by the RCC-D. 5. The minimum yard when abutting asingle-family use or district shall be ten feet (10') plus one foot (1') for each foot of building height above twenty feet (20' ) instead of thirty feet (3 0') plus one foot (1') for each foot of building height above thirty feet (30'). 6. The maximum building height for the proposed hotels is 816 and 792 feet above mean sea level instead of a maximum of 100 feet in the RCC-D. A total of four gas well development sites are being proposed within the boundaries of Rayzor Ranch, each of which is approximately two acres in size. All of the proposed pad sites are located adjacent to either existing (outside of Rayzor Ranch) or proposed residential uses. The proposed pad sites are currently located within zoning districts that require the gas well operators to obtain both plat approval through the Development review Committee and an SUP by City Council prior to permits being issued. Although the gas well sites are not included in this second phase of the Overlay District, staff will be recommending that the plat and SUP requirements remain intact. In fact, staff has already received gas well plat applications for the two pads located within the Southern Tract. The total amount of development being proposed within Rayzor Ranch will trigger the need for an additional Denton Municipal Electric (DME) substation. DME has been working with the applicant to secure a two acre substation site immediately south of the Albertson's grocery store on Bonnie Brae. The three big box retail stores proposed within the RR-3 subarea (approved on 3.27.07) will have adequate power prior to the substation being built. l0 DEPAR TMENT AND A GENCY REVIEW: The Development Review Committee has reviewed this request and continues to provide direction to the applicant so that transportation, drainage, architectural guidelines and parking does not negatively impact the use of surrounding properties. FINDINGS: Pursuant to subsection 35.3.4.B. of the Denton Development Code, a zoning amendment shall be approved only when the following criteria are met: 1. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. The applicant is pursuing a Comprehensive Plan amendment in conjunction with the proposed zoning change request. If approved the proposed Regional 1~lixed Use future land use category is appropriate to support the zoning change being proposed by the applicant. 2. The proposed rezoning facilitates the adequate provisions of transportation, water, sewers, parks, other public requirements and public convenience. Adequate provisions of transportation, water, sewers, parks, other public requirements and public convenience currently exists and shall be improved as a part of this development to offset the impacts it generates. The request, subject to staff s conditions and the City Council's approval of the proposed Comprehensive Plan amendment, is consistent with the requirements of the Denton Development Code and the standards set forth within the Denton Plan. 11 EXHIBIT 2 Aerial Overview of Entire Subject Property .K r t i { i f kY I 5 { } { { { { { f } { 'f ~~ii:.:.. .'.'yn~f'.'.'.'~(1(1(1(:::: jY1(1(:r.. .r. 'w~i:::::::...+ ..w .v UV4~4~•~•~•~~i~ii~~'f ~ Q,~.:q 12 EXHIBIT 3 Aerial of Northern Tract 13 EXHIBIT 4 Site Plan of Northern Tract ...5.. i ~y i ' ~ ' . v: • , .:,r.•; •.:+f:...~` • gar . . t • - - . { o I. , _ # = s~.. • .r,- ~r,.•rr M~ •I _ 'i .r I x:• • fi••. i.',• .'.x I x I I• I. r.<, . Y I• I• • y f. Y01 A~ 1 I 5 a:•:• ~ ~ + ti + v.'.'.'.'.'. ~ • ~ ~ n. ti a- j ry + 5 ~ I ~ h ~ :::.ti f~ .1 ' ~ . ' f• r. 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'I .iry K I f.. y+h,; . 5 1• 1~';. { .F rte. i..r+ 4il .I y ~ f I} ~ + ~ + .i •k~ t • 'fix I # I • }r { • - I f5 i 's s. ~ n.. •;s 5': - 5' :s'f' .'hi'i i. is • ' ~I~ li • . ~I i .r}..I, h•....• • + I F may.:.:.:..." 1l EXHIBIT 6A Existin Southern Tract Zonin Proposed Southern Tract Zoning Base RCC-D with C3verlay Modifications Is EXHIBIT 7 Notification Map ME o. JlM CHRIST L 19 EXHIBIT 8 Landscape/Tree Canopy Chart . ~ . ~ ~ }r ~ f ~ I I I I I I ~ ~ r ~ 'k ~ . . y; . . , , z. ~ ~ . ~ ~ :a r { ~ i : ~ 'r • ~ , _r ~ j • ~ ~11 ~i* I . ~ L I I ~ I ~ i F / J } ' I ~ ' ~ .:~I~. I 3 I ~P I l ' r' ' I r...• i • y ~ k........... - 's r N ~ s~ ~ ,k ~ . ~ i •i•. ;r i t t ~ i ~ i ff i Y' ~ .l ' ~ ~ J ~ R *1'.. . ~ r: fi y :E~ K~ L - { € u a ~4• ~ • 3~ ~ M ~ ~ }r Y•. i N M1 .i i i i ~ t... ~ - . ~ •S rk } TF r ~ . ~ ~ ~ ~ ~ r: i i h . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ • ~ ' k~ I • ~ •i r i u. 1 .i r i ~i 1... - i _ y r i i - i .~f': i i i i i i i r ~ • r ~ ,f ~ t ~ti ~ - . , , 5 ~ M ~ i s ~ 'i i ~ ~ 1 _ I ~ r ~ ~ } i K ~ ~ i ~ i i } ' - i i i ,r ~ - s ~r ~ i :'x } 2 0 EXHIBIT 8A Applicant's Letter of Differences Between Code Landscaping and Rayzor Ranch March 20, 2007 Mr. Chuck Russell City of Denton Planning and Development 221 North Elm Denton, Texas 76201 Dear Mr. Russell, Please find enclosed the draft of the Rayzor Ranch Landscape Guidelines. Rayzor Ranch is a mixed-use development, including, retail, residential and park space. We have written the landscape guidelines using the City of Denton landscape guidelines as a base. The main area where you will find departure from the base zoning is in the landscaping of the parking lots; instead of having a 10' wide walkway every 100 spaces, we are adding a landscape island at 1:10 for islands that are 9'x18' and 1:20 for islands that are 18'x18'. We are also departing from the City of Denton Development code by using an 8' ht wood fence in the buffers instead of 6' ht; using a minimum buffer width of 20' along North Bonnie Brae Street instead of 10' and including a 10' trail; having a minimum of 3 tree species in all buffers with no more than 40% of each tree being used within the buffer; placing buffers around the drill sites and the DME Substation site once all construction is completed; exceeding the buffer requirement between the Marketplace and Residential Development by planting a minimum of (1) tree for every 20 linear feet and (20) shrubs every 30 linear feet; planting 5' from fire hydrants instead of 10'; revising the screening at parking lots to be a 15' landscaped area with tree and xeriscaping /shrub /wall requirements, allowing the single family required street trees in the The North Site Subarea 1 Residential (SF-1) to be planted anywhere in the single family lot, establishing a (20') visual triangle from the curb instead of a (25') visual triangle from the property corner adj acent to the street right-of way, replacing the Tree Fund with a Mitigation Escrow Fund, and providing the additional groundcover options of gravel or mulch in the parking lot landscape islands. This will add much more landscaping to the overall development. If you have any questions, please call me at 214.871.1507. Thank you, Chip Impastato MESA Design Associates, Inc. 21 ZZ . ............h x:.:.: h:.:.:.:.:.:.:.:...... ....:.x ............y } x::.:... .•.•f • ..........................•.•f• - • x . . v ':3 r • , F .h .......r r V: • i ~ h .y ~ i. . ~ ~ ~ }y • r~ • I a ry ~ r4 i;. f. [ • ' ~ f ~ { - . v • ,•.w ' • ....x•::xx:: i'. . . h... S . h ' ::v 4 S 5. 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'SS:.:v w •.xt • ...h ...G.•:•: • ' .•x x xxxxx'• • • • 'r ..........h ..........h ~ivavW~ . . . , x x . ' # 1: h. 4T S+i ~iF ~f:' __........____................__........______............................____........__............______........................______........................______. .......................______........__r u~id uoi~~~i~i~ aa.~,~ 6 ,LISIHX~ EXHIBIT 10 Architectural Guidelines x xxx :x:: x. .x. K: :'x ..x .x .'x . hx . i.~ . • .:x:• r. F; } •r•• x -ter v why... s_..:.:, _ ~ - ~ ~ ..".+iv::: x ti •••'••iinm~xxxnvn • • .wmxs, , , .wmxs"""~'Wnwx. • • • R.xxxxxxxxxvwmmwn } .r . xx:::•.•. 'i ,.,.,..vwnnn,.......ay . . m ~ x: ~wwoox.;.;.;.;.;.;.;.;.;.;.;.;....................................... ....xxx xxxxxxxxvvvvvvxxxxxxxx xxx xxx x: x: x: . x: :•x: :•x: :•x: :•x: :•x: :•x: x: :•x: t.} :}'t .x; x. •x: •x: •t •t •t t ~ x •r•••••••~95~••••','xxxx+•+•+•+•;•,•,•,•: •:•:•:•'S'9S'S ~vv:•:~t:: _ x: x:. f. f x:.• x. ..f y . . K....... f •vvv,TMyy .....................}vvvv'•'•'•'•'•'•'•'•'•'•'•'}vvv vvv»7r.vvvvvvvvvvvvvvvvvvvvv,~tvAbs]vvvi:~•' s ....vvvvvvvvvvvvvvvvvvvvvvvv .........xxxxxxxxxxxxxxxx.:.:.:.:.:.:.:................. • ....:::::::xxxon........:.:.....:.:.:.:.:.:.:.:................:.:.:.:.. . S vvvvvvvvvvvv ...................~.v 23 x x x •:•x x •t .:x: t .:x: .:x: .•x• :•x :•x :•x :•x :•x :•x :•x :•x :•x :.x :•x :s :s I ~'c •'t :r :x ~ . ..•.;nac.~ • •••;aotavo ~ . . ........N,hw ................:~tx~th........h.....:.... A':':•:•:•:•:•:•:'.'.'.'.•:•:':':ri ' 9t:::::::':':':':':':':':':':':': . ~rrrrrrrv~o-~o-v~o- x:• x:• x:•: x:•• r. r. r. N. x:• N.• x. x. x. ::x. r .y k • • • • • • • xxxxxxxxxxxxxxx xxx.... xxxxxxxxxxxxxxx:•:•:•:•xxxx:•:•:•:•xxxxxxxxxxxx:•:•:•:•:•:•:•:•xxxxxxxx .:xm...: hhhhhhhhhhhhhhh • • ...................tea.,.,. 24 . ...........................................................................................................................................................................x . N. N: N. N. tilt • r 25 EXHIBIT 11 Street Sections .ti. _ ° ~ Q ~ ~ ~ a Q~. ~ ~ ~ a ~ - ~ ~ a o ~ ~ ~ = ~ # ~ ~ . ~ ~ , . ~ S ~ .1 .y+. I ~y,,~ . ti _ - - m ~ ~ ~ ~A'!~ r ~I~---u$I~EE'T' - m i i_ _ _ H ~ 11 j jj ~ u ~ ❑ u u ~ g ~ L..~; , ~7'• Lf~l ~ F'r . 1:.'~ ,S ; i J ~ V ~ 'Y~~ 26 LE~EN~ TYPE I RQhAD-PUBLIC (Bi~$~ ONE ~R TWO WAY WIPARALLEL PARIONG TYPE II RQAD - P'RIYATB (62) TWA RfAY UNDIVIDBD W14S° ANGLED PARKI1~iG TYPE IIAREAD -PRIVATE X52} 7Wd WAY IJNDMOm Wl4b' ANC3LED AND RARALLEL BARKING TYPE IIB ROdAQ -PRIVATE (88) TW8 WAY DNIDED W14~° ANGLEa PARKING nr~ uc ~w - Pueuc ~rz~~ TWoQ WAY UNDIVIDEa WIPAI~ALLEL PARKING TYPE IIDROAD - PRNATE (44) TINO WAY UNDMOED W/PARALLEL PARIaN[3 TYPE III ROAD -PRIVATE de PUBLIC [5 24) TINS WAY IJNDM~ED ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ TYPE N RQAD - PIJBLIG $ RRIVATE ~78~6) TWO WAY. THREE LANE DIVIDED TYPE V RCeAd -PUBLIC (10~62a 7W0 WAY DIVIDED WIPARALLEL PARIflNG -e_e_._._e_ TYPE VA READ -PUBLIC [1Ua-4B) TWO WAY DMDED TYPE VI ROAD -PUBLIC (1~8-72) ~ ~ ~ ~ ~ ~ TWA WAY, FOUR LANES AND TWO LANES ON ~RP0.91TE SIDES DIVIDEQ TYPE VII RQI1D -PUBLIC (65-~6~ ~ - - - - ~ 7W~ WAY UNDMDED W! CENTER TURNING LANE ~IIAODIFIED VER910N OF CITY OF DENTON RESIDENTIAL AVENIJ~ FI[3. ~1 Ar13 IN TRAN5PDRTATION CRITERIA MANUAL GENERAL HII~ AND BIKE PATH (WITHIN THE ROW D(GEPT ALONG 6QNNIE BRAE 3TREfT PORTIONS DE9K~INATEO PUBLIC NdTE: AT INTER3ECT1QN3, STREET SECTIONS WILL BE 1AODIFIED Ta INCLUDE TURN LANES AS NEEDED. 27 Sample Cross Sections i•;....• .........ij ¢ 1 ~ s,: NC } v~ Y i. ' ~ i _ ~ { { 'x: { { x v { x { { { { { { { { { { { '~i: E { 'x: PP { { { { x.: t x.. t # 'fii •x: I Jam: f r .:AV000Va° . nrl, .J.r.i• + s5 ~ vvv r.•+{• _ r , y r~ r {41 A .V~ ~+r 5 + ~ y y . L }I..:*` Yk 5 .r vy + ~ V + . M1 ,.......................JCS .......................+ti, +zk4.................... ~ .......}YV+, • ri .f.• + 'ti J• ti , + '..1.. , f f nr ..n i k w „r . _ ..y . „ v . t, r i' i i _:w _ _ Y , viL .'~K x.p k i~ f , !i r 4 'I F '~~1!~~~ ~~F ~~.._o-~ eS~,l•Y'.~N;.•~ i{~'.:i~/1~'-} M i .i• .L:. ~..=it i. - v :a1`:1:. .f. fr ":y rl :+1y b rl + .i: _ ~ s. ~ ~ }.y........... I t A~........h ....5 , t 't r 7' _ Y II f Y5'.. 4•~' f j. i 28 EXHIBIT 12 Draina a Exhibit T~ NQ~~FI LAf(E~ ~ ~ p~1V~) ~ ~ ~ ~P ORAIN~ T~ l~1DRTH ® LADES ~IIRI~ ~ (9ouT~l P~N~~ ~A~HI A,I,E NAT A~LICA~LE - ~~AINA~E ~VI~E ~ ~ ~ ~ ~ ~ dI~AINA~~4F.,~ ~ NH CHI BIT I.H. ~5 ~ UN IER~ITY DRIVE ~ENT4N~TE}~A ~ ~ 29 EXHIBIT 13 Regional Center Commercial Downtown (RCC-D) Regulations Permitted Uses - , ' 1 ~ ~ 1 Agriculture P Printing I Publishing N Livestock L(7) Bakeries P Single Family Dwellings N Manufacture of Non-odoriferous N Foods Accessory Dwelling Units N Feed Lots N Attached Single Family Dwellings P Food Processing N Dwellings Above Businesses P Light Manufacturing L(23) LivelWork Units P Heavy Manufacturing N Duplexes N Wholesale Sales N Community Homes For the P Wholesale Nurseries N Disabled Group Homes SUP Distribution Center N Multi-Family Dwellings L(6) & L(4) Wholesale Storage and N Distribution Manufactured Housing N Self-service Storage N Developments ~ Construction Materials Sales N Home Occupation P Junk Yards and Auto Wrecking N Sale of Products Grown on Site N Kennels N Hotels P Veterinary Clinics P Motels N Sanitary Landfills, Commercial N Incinerators, Transfer Stations Bed and Breakfast P Gas Wells L(27) Retail Sales and Service P ~ ~ ~ ~ Movie Theaters P Basic Utilities SUP Restaurant or Private Club P Community Service P Drive-through Facility P Parks and Open Space P Professional Services and Offices P Churches P Quick Vehicle Servicing P Semi-public, Halls, Clubs, and P odges 30 ~ ~ ~ ~ ~ ~ Vehicle Repair P Business /Trade School P Auto and RV Sales P Adult or Child Day Care P Laundry Facilities P Kindergarten, Elementary School N Equestrian Facilities N Middle School P Outdoor Recreation N High School P Indoor Recreation P Colleges P Major Event Entertainment SUP Hospital P Commercial Parking Lots P Elderly Housing P Administrative or Research P Medical Centers P Facilities Broadcasting of Production Studio P Cemeteries N Sexually Oriented Business N Mortuaries P Temporary Uses L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as below General Regulations ~ 30 feet plus 1 foot for Minimum yard abutting a single each Minimum lot area (square feet) None family use or district foot of building height above 30 feet Minimum lot width None Minimum residential unit size 500 SF Minimum lot depth None Maximum FAR 3.0 Minimum front yard setback None Maximum Density, dwellingruni~s 100 pe ac e Minimum side yard None Maximum Lot Coverage 90% Minimum side yard adjacent to a None Minimum Landscaped Area 10% street Minimum rear yard None Maximum building height 100 feet 31 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited: L(4) =Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of aMixed-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 allowed by a City Council approved neighborhood (small area) plan. L(6) =Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (38) =Must meet the requirements of Section 35.12.9. 32 EXHIBIT 14 Conceptual Zoning Plan for Areas Under Consideration on 5.15.07 Northern Tract r... .x N r, . ~ :x . „ . r . ....._r.. ~ .x v... x: . . ~ K y I r ; • V y ~.'.il •n... 4 ~ . ~ . . _ , ~ y „'r . ' ~ { ~.5 J I ryry } %Y." .3 { R z :I K ' ~ yi. ;f S r H ~ ~ . e . . .......v.. d:. : v v „ 33 Southern Tract . ..f. • , . .t F 5~ ~ r t . s: 1• i• . •rifx• . . r •x:: x f~ 'i ~•1 •:'4 x r •t •J •i s: x • t' ~ Y ' .4 I' F . ~ .t 7 k~ : :3 f • x ~i x:• r ~ ~4 .'4 t •1 x :i •'t ~ } :F • y } f + ~f • 'i7 'L ~ ~4 • { ~ y.f I. ...Ax:• i• ~t i'~ yf h +I . 'r > r• •s', • f 4 ~s r a . • Y .4 y'.' . ~ t%:.:....::':. •x• ~ .t• " ~ ~ . . •i •x r tr t .x: :•:vor • :t •'I I v k •::x .f t'• i i~ ~I s x •k. x '4M•f. i . s i •t•:. . '•t • .,.,.,.'T.'.'.3C:'ih .,x. .xH.;nv... x:": .x:": ~ . • •,•h• ~ 34 EXHIBIT 15 Notification Responses ~ ~ ~ ~ ~ FI~~ rtlo~ ~ ~ ~ I A+ddr ~ _ . may, ~ ~ ; ~,1~+ 11.. ~r~ Ptr~l~~! wee ~ ~ ~ ~ ` r' _ ~ ~ - _ ~ w ~ _ ~ i ' 1~ , ' ' ~ ..,F i i ' ~ s ~4■M l.i~rr1~ 1 1 T ~ xr. ~ mar ; ~ + •f~~~~o 0 35 ~ ~ ~ ~i t~ ~ ~ ~t 11 DX' - ~ ~ ~ Iili dra i~~ ~ - iR; 1~ dire ~ het' 7F~~11 - tit ~ ~ ~ ~ x t . ~ t ~ ~ i{ ' .F 5 ~ F ~ ~ 5 , A~ _ ti ~ ~ r i ~''r. ~ ~r ! + ~ I ~ ■ F ' y' ~ ~ 5 S M 1 ~ • ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ 1 t, ~ ti ~ t ~ i i + ~ ~ ~ ~ J~, 4 ~ t + 1 ~ ~ 5 ~ F ~ ' ~ . i 3 i 1 ~ 44 ~ k ~ t 1.• e j 4 ~ 1 II ~ x { s- ti . ~ ~ ~ r; ~ - - y * y~+~ ~~J{~l ~ ~'1 ~11R1 ~~~k 1 ~i ~ ~ L t ~ ~ ~i'E`~' . ~ • fir, ~ 4x + ~~1 * ~00' foe ~ ~ 4' ~►~0 36 EXHIBIT 16 Planning and Zoning Commission Minutes -May 9, 2007 aWaraa 4Vuk~Ii E 1 I4iMt55IDNF~R srrc~; The t item ~ u, and it des aGt as a buffer i~ staff's opinion tons wilt be Its dumber 4b, which is a ~omprehonsive ~ tl~ proposed re~.i1 c'ciai development i~ 3 plea Amendment front Nei~hba<h~d C'c~ters ~ liional T~+Iixed ~ exi8ting ighl~orhood thG enst off' Scripts. Thrrc's 4 Use Cen~xs and.1~#eighbood drs Land C]ae I~esigrta~tions ~ also to ~ south an tiag laud use chary ~f ~ orgy apprinrly ~~7 a of ]aid located o~ south I)owntovvr~ University fore where fie boapital district is. ~ side of us Asa betwcco Itrtersta~ ~5 and Bennie $r b Tl~rc's also 1n~ustrial r.~r on tho west side of I-3~~ 7 Mr, k~ussell. 14ir. eflg~uta, could you aek the people t~ 7 A tell of t~otiees w seat out ~ S phase move on into tlfe f bef we sue. T17~k you, $ properly owners within 5~~ fit and a~ nods 9 Mr, Russell, ~ w~ ~t tc p~perty owners within X00 feet. Staff did 1~ ~u~.; qtr, Chou-, members of the I~ rive #a writhen responses. One was i~ favor and one, 11 ntmisaiori, your i~tt itr~ is a COmpsive 11 ~ b~CVe, was the same response we got an tl Est pl~se 12 Tian Arncndn~nt an ~5~' acres on tl~ svutb~~ ofr~ sso i~ ofthis develop rat was Concern about the residential 1~ preen I~~S sad ~cri~ture, Subject property you see au 13 c~mpot~nt wl~ch is not under consid~tion t4night~ but 14 your slide, overall site includes 41~ ass pn bOth 1 ~ was not oppod to rrmainder of the prap~aed 1 ~ sides of v~ ~a~ and the property unc~r Cansidetatinn fcr 15 development` l ~ t~ P~~posed Comprehensive Plan Aunt is on t~ smith T 6 Staff analy~ad t17e request for l~ side, #ile acres, ~ t7 C~mprehens~vc Flan A~eDdment in acc~'dgnCe l8 ~ fiat's on subject 1 ~ criteria Mat's cs~blished in Ire Devel~g~ont Cede 1 ~ properly is $ tbinatiari ar retail 1+esid~tiial uses, 1~ and #i~t is in your staff tort hn ypur kup. Staff ~6ig boa retartl ou 1he nom side ~ o~ ~s4 including t stxppart the proposed request and I would be happy ~ ~ 1 in-Iine jt~ior boxes as well as aut~pel rail, ~l a~we~ any of your questions, ndditiorial otrtxeeI retail and great' stagy an the o~tu~unastot s: Hwy ~uestior~s of ~3 south side, a outdoor mall with t ent ~3 staff ou this i~in'? 'T'hank you, . Russell. ~4 sue, a cambinatian of attd and single ~4 "~'e wig n~vr open the public hear~g. Is family uses as wail as s multi•f~ily, office The applicant here and da wish t~ speak? ~ ~ Pa~g~ 2 ~ Page 4 1 d~v~rlopment, two hotels a~ a continuing care facility; i uwrrr: ves, sir. ~ ]viously, tl]C iSSior~'did consider ~ ~ QDMMISI4I~R STG~ r.~me ~oiwat~ and ~ ~t~ive Plan Amendtr~t an the n side of r ~sv. 3 give us y+o~ar name and addross, please. ~ It's about ~ 53 acmes total, Approximaly IQD ayes of ~ mot, ~ALDwIhI`: Goad erring, My name is i~ob 5 tl~ was c17an from two to ~ Renal Mired Use S Baldwin, I ofd ~t 40l Exposition Avenue in Dallas and ~ nit`, future land use catry at~d that was agprcvcd by ~ I'm here this evening t~pr~irtg Allegiance Devermeat ~ City uwelt irch ~'~th of tb►is year. The remaining a 7 in its request ~ amend the Comprehensive plan. I wc~'t 8 on the nth side of ~s Asa mined Ncighberhd Center 8 go ~h erything that Chuck N~ ~~ent ti~ugh and fibre Ian use catty. ~ wha# yot~. heazd in your Br~fiug aion. BasiCaIl~r, I'm 10 Tk~ tvxistirtg future land use eat on 1~ asking that you support staff: Tl~y`ve done a great l l the south is primarily Neborhaod nor, min} 1 l analysis on this Aid Y think they've c~omc to tl>~ right I ~ it's about ~'T ~tal t3Greg. `Tt is one of regional 1 ~ car~Iusion.s. ~oq~ in mind that tl~e ~cmpr~ensive Plan by 13 mixed use centef where a rehabilitation is dosed and l3 nature is a living docrt and it is in~,ded to be I ~ this map doesn't rcfleC.~ but, again, the arcs north of 1~ modified in $ppropriate iocatrons and appropriate ~ if 15 380, r~s ~soltas already been r>1~ to a liumal l~ixcd l~ criteria is a A,nd staff l~s found that it does comply 16 hTse Center as well. l6 with this. 'l`ay have 1~ criteria that's s~ forth in the 17 So what's beam pzcpoa~ed #onig~t is a 17 Ikvelopm~t C saying if it meets this cry tlaer~ 18 chaff on appra~imaiely 1~~ acres on the south side from 1$ it's reasonable t~ sn the ~oanprehensive Flan, And we 1~ the Neighborhood Cent ~ to Regional Il~ixed Use 19 have met all 11 of those, ~4. Center, Again} it would eambi~ with dte previous ~0 It's nsint with tli~ action you took ~1 ~ppr4ved l*i~rT 1V~xed Use Center urea here as well as ~1 month with the a half. And what it will da is whnt was pusly approved to tub. There wrn~Id be 2~ date the r~ionai mated use center going fr~n Scripture a retention of about 6 ass of Ncberlu~d Ccr. And . ~3 all of way up to ~8~. ~ that, I'd to reserve tl~t l~eighborlwod Center, again, ss dosed be an~r time tltat'S l a far rebuttal or ~ answer say ~S developed with single family a~. a variety of re~idcntial. questions you may live. I ~Cstaud tie's same peopltti PI~AI~ I~RA~ ~XEiT ~T~~ ~ . P~,~~ 1 - Pa~~ ~ 37 v v .-w :r=- a ~ ~ 7 l h~ that t want soak an this as well, 1 it's gone, wit ~ w~ do vsrith its Rbe~ ~ ~ , ~ you can follow staff's ~ buildiag~ ~t sat varWant for $bou# 1 ~ years #1Zat I know 3 recommendation. Tl~cy've but a lot of hard wank into #his, 3 of, It wa.s it was ul~va a canes the twity, but it . ~ and I ~inl~ may've ~ the ~ conchision, ~ wasn't really to gg~eway of the pity, s~ it really . ~ oo~t~lst>~~~ ~ lv~. ~ wasn't that much o~ ~ conc~nn. ~ Baldwin. ~ ~ ~Triar~glo I~a11, is within t ~ ~ Thank Yam ~iVe~,dO have ca~t+ds 7 gay of t1~ City, we've soon wl~ happens ~ ~ ~ on this item. First ~ sprai{ will 1~ Karen Mitchell. end ~ eit~s when this hsppeas. 1 at ~c~tb. bland dills ~ ail of ~+tau, when you came fair iI` you would just give ~ ~ is t13at my tine l~ yrnn' sae and mss. I will d your you will 1~ r~~or~ ~T~F' tau have one mi~>st~. Z 1 have t minus ~ sp~ you will have two minutes at 1 l ~ ~[rc,~.,~: okay, l~o~th Richland Hilfs, I~ which tip # i11 ~e a d an burr. That I~ I~ Hills it went dark shot' afGpr Nartl-t ~ 3 givos you and the u'lI Dave n~ir<u~ remaining. And 1~ Nlall carry ~ and tva~ ail of its t~enants_ That was I ~ ire. view of number of cads, we would appyate if l~ ~r~t deanoliri, finnlly~ last wry. 1 ~ you-all would stay within your three mire all~,ved. I ~ ~ Look at Richardson ua l~iall, tyre have I ~ Next to spew, fallowing Nis. Mitchell witl be talc 16 been dncumeaticd cases of grime, Just recently the was a I7 Elliot. ~ 17 Sa~S`s~ shooFtout these in the parI~ng lob stayed l8 ~ .1~s~Ttr[~e~.L. , twh~ir, n~nhcrs of i $ vacant for yrs ~d y and And, finally, lock 19 ~ p>annin~ ~rt~d ~ouing ~i,~si~n, my is wren Michell. l~ at bid town in llqulte. This is still an albatross ~0 I'm president of Mitchell Flar~tung group, F,~, B~ 1 ~?1 lS aund pity's ~eCk that's bcacn there far over o ~I im F~'S~orth. I'm h the mining on Ilf of F~dnrtan 21 decades, Icy t is to say fat I don't t~now if the ball ~f owner of Olden Triangle I t applit h~ addressed. with pity af~cts of wit 23 ~ I'd t~ request at this tip since I tlrink~there'~ this v~`ll have ~n the minder ~f r cam in the ~4 going to b~ a uuri of people w~ are going t~ ~pe~€itrg lout just the ~a~ that I have given to you for 1}~ of tl~se regt~, that wha~°v~ I have to say a~ ~5 shows yon that I would } ypu-all would c~asider ~ ~ ~ P~ I i~~ apply to this case as well as the ease a it I loolring at sow type of an eeanamio analysis t]~t w~~ ~ ~ . because the two Xcin~ of hand ~ hand with the ~ show effects ~f w>~t thi$ rail vrill da to the t✓omprsiv~ ply and tl zaar applu~atir~r~, 3 rider a#' t13e pity so that Y~ do rapt hate a vacant ~ ~s my~of ~roa lmow, I'm tl~ last p~'son 4 aura, Q~ just the X11, but all of s~rroun~in~ ass. that you would typic~Ily soc u~ bore to oppose any kind ~ ~ Thank you so tnltch. ~ zing c$se, 'i~ear~ ago sn of you rbe~ that I ~ C1~t~~s[t ~T1~AN~E; ~haak yea y~o~1r 7~ brought nuns cases t~rougl7 the pis prating 7 comments. Elly~tt fvilowed by l~ussell liVilliamson. ~ dupers on at~ng ease, and I do #has. I also 8 res. Et,~rorr: evcnan. Icy nm is 9 used to be of pity Flunners ] ~in I]entan sn I 9 ~ l~lli~tt, ~ reside at 117 Oven plc which is l~ feel like I have a petty good tstandir~g of the l~ pmt ~f t} Villas l~irtey k loca~d lrind the 11 dynamics of the satuat~n and #hc pity as a whop. 11 ice o~ which is d~ectl on fan Jacinto which is I ~ I come lf'ore you this evening not to say t ~ dictly behead mall. And l don't lm~~ it" is a 1 ~ that the errs Rayr Ranch prnjcet is bad, ~at~r I come l3 ~uestioA er a stmt, but we ate concerned that and tai i ~ be~~re you ~ ll yvu that the rail portion of Ray~r 14 advanta g~ to floc #~ants in t13e holden Triangle 1 ~ Ranch d~volapt fit" s propose on the sours side of 15 lvialt wig lutie those tenants to to Rater l~$rccb, And l ~ 8~ may be bad f~ its if na thought has been pu# 1 t} as the lady 1~efare n1e mentior►$d, wee vv~l end ug wig a I? i what will happy too the retail care of the pity. l'~ bind out mall, ar,d our values will be depleted. 1$ l a planning Spe~tiv~, derrelaprrt l $ And I simply h thus evGr',i to 19 s thls devclop~ent meots the definition of urban I ~ qu~stioa qor if could have any reassurance or we sprawl, 1_Trban sprawl is when you tal~ce a Iand use that cow have same imowled~e as to ~vlaat Might happy in the ~ 1 typiily s in the of ~ ei#, and you take it ~ 1 future. e'~c very cans.red. Thank you. out and move it ew t~o~~s~~x~ x~$: Thank yori~ Russell This is a critical issue that pity Planners illiamsor~ fo~cwed by Jason Isal. ~4 afl amass the nation ~a ~ deal with, and that is what ~4 1~t~ ~IIL~I~S4N~ good evcn.ir~g. i4~1y t1i~1YkP is 2~ do we do wi#h the ~kelc#al rennaius ot= this core? Qn~e Russell ~Villiatnsan. I reside at 4~~ Drive in 38 ~a~e ~ P~ ~ 1 I Me~~uito I'zu svr~y, AIr'~ Texas. I ana the r~icir~l 1 ntar~'s prim~y Mail huh is 1 at ~vp wig Inland outh~rest at~~nt; the manor of ~ Loop ~S~ near I-35. If this pr~pcs$i is approved agd it's ~ D~nt~n Cussing: Ind just rcntly that ~ alla~+ed ~ be developed as propase~, ms's n~ dot fat 4 ~1 I~Q~IY1~11t h$S ~Al"G},1~5~ u~ i~ll9a•(i5 burldaElg 4 ~r{}P V4"!ll bo ><gat[VGIy 11Tap~Ct~. ~ located a~ the Triangle 1vlall. ~ tuni~ht boe~u we're si~ttifica~nt taxp~y~s in ~e pity . ~ mat t~s means is try tzar ~ to lase ~ paying per $~1~,~0~~~~ in pity ~~c1 aunty tea in 7 this spe. ~ this apae~ re»u~ins vaeaat fair an nc 7 and this has vary canemed. . ~ per~d of tip, no qua}i #ena~t wail want to rat tom. $ Additiely, ~ I said, I'm a sidemt of ~ ~ ~n Darning this, we have ttSe game ccs as Pcl.n ~ the t✓it anal I d~'t want to s ~ blip area as Y 1~ 111t Props, If Alliance $as approached lU diive dcw~t I~~. I how it seem unlikely, but r'm ! 1 e~i~tang Il's tenant, thou it's ~ a f l #a yea that it oan In addition ~ being 1~ w~ f,1 thcy appraacb a~ur tea as well. Let's 12 r of Deutuu t``roasing, Inland tern is part of 1~ ta~~ nano that they a"t ~pprl~ our tenants, l~ Inia~nd deal Estate ~nau~ Cass which is ~~e of 14 1`s safy tl~t amid Triangle ball dies, w~ still mfr b~ I~ ~r~st ~w~rs of rail grape in a have ] ~ soverely imppeal by fact that the >iiay~ar Rangy 1 ~ ov~rbuildin~ eur throughout the Faun and t lb pr~jt as ~u~xeatly ~nvisir~~ttod will dTVert~t 1~ d~va~tating it C$n have. 17 co~acerrtrated, i.il ener~r frame Lod ~$8. ~ have a~ 17 Phase able this until you've 1 g do this ovcx a~ over again when you overbuild Mail ~ I $ 1y stu~ii, t~ amt of ~rour decision. Thank you. I ~ space, you will see vacant buildings, act buildis 1 ~ ~o[ssror sous falI,awed de~rior~t~ rart,~s ~f what type of l~t~ilding it is. ~0 by Fit awfoa~d, ~f avant b~ldgs g down Pra13'vaha~s~ ~1 . ~o: mad c~ng. ~►fy names AtCjcus a don't want to scc t~s }ppen ~ D~nt~r~ ~a- ~ us. Cox. I livo at inst I~ri .i~ lnton. And ~3 ~ Please c~n$ider ~bl~.g #his raqucst until you havo seen ~3 ~'m t~ tl~ Rayzar bola profit v~li~ i fl ~4 t~ use and el~'ect this debt until you l it ou>d d husis t~ thin too sow. you can .sic an er~oc iar~act st[>dy. T you. coa>~paro this to the 1 buildir t~~'s happened in Fagg 1 ~ ~~g ~ ~ 1 ~o~r~~ssj~a s~ won basal fold 1 toa~ County over tl>~ last several yes, I'vC In h by At~cus Cox. ~ far sir yes and seen a iot of changes g~in~ is the 3 . mad ~venimg. ley n is Jaso~r 3 rid~ntial mart and the re,~idontiai ~ >s built ~ iasaL ~y adders is P.~. $ox 137, Ita~, Tomas. I am 4 any h~~ ~o soon, and it has l~. to a wry high a residc~t of Iat~n~ I word fear Inland and ~'m a leaping ~ ~a~.d r~w~g forlo~s rats. Aid I feel like that at>an far G~ent~n tssir~, Est ~u~+ t,t~r, iii ~ or ~d be s~n~ result to the rte. market as 7 itd P meter Lacp v~ c~nsidercd the ? weell w Rayr finch. ~ proximi+ of Crolder, Trion Mall and the fact that it was 8 Aid it stets when the mall to ~un~rs ~ ~ anal pad of mil hob of lt~. a feel #hat ~ ]ast that ~ see~ecl to be pretty excited about 1 ~ the current d~mphies of the City do not support tv l~ the change, laavin~ uew devcp and r petengal comfn~ 1I re~iaual ma11s, ~wevcr they support the ono eacistin mall t 1 in, now with mere acv de°v~1nt gojng on, it sus ~ ~ and the n>any supp~rt~g >ile such as our cealter slang 1~ l~ilae ~ also is e~ci#cd again aba>Zt the pa~ttial of 13 ~ ~ . Leap ~5~. if Go1n '~riang~ Nfall diet w~`~ limey to be l~ near tax dohs. And - and mdast of t is a ~sult 1 ~ latiut $3 1~ of dcVelopers " of )i`~y~r ~artGh. and cth~ develnpax~t Who i 5 ~ c ~ tl~r~'s ~ re$1 t~areat that ~ l ~ i1l ig t ~ d the u+inners in all of #his - a~ ~f l ~ Allegiar~ee ~m~t may appach a number of ear 1 to this prq~ect. 17 ~nants iu addition ~ tl~ mall, have o ot`fi~aals dome 1 ~ A~'id ~ urge you #u ann~idet tl~e overall 1 ~ a tough noanic amalysis the impacts I~ayr l ~ of this pr~~t cau~umunity and rnayhe consider 19 l~n pr~~oct? f n~ali dot the City's bin rldng I ~ sots, t1>~ rc~s aad sow of the oar improvnts ~ With Alliance and what they're proposi,~g c~ sub' ~iI that lten been waiting for for yeaa~ ]fog wee ga ~ 1 loots lid ~ mat ppportit~►, Ic fact, w~ haver ao issue ~1 opt seed t~ea~h t far ire h~ollar bid bc~ stems tl~t ~ with the proposed i~sidi caritponent; the h~ we r~a11y a't dy fcr. Thai you. ~3 medical and office uses. I~awevcr, we da tali issue wi<tb tom~sra~~ r~nest Crawford ~4 City ~arPPor a change iu ~ain~ in Mail in d~cr foi)~d by ~1a~ IJud~naun. . fp aocca~a.oda#e a aecoud retail digit, ~ mot. w~~; ,d evenimg, ibiy no`s 39 ;I V li7iYa ~ ~ R~1 ~ . Pad 15 1 l~~e~t ~wford, ~5~~ Tarpl~y, Cariallt~m~ Tcx~. Irm 1 ~i Dillard.s Raynor nchh. 1]i~]ardd~ l~~ advised u,s ~ fixing to one yr raw ~bors. I tic ~ tl~t Allcgiane is taring t~ with ~ p~w~f~l economic ~ Furucl~rs. And we hie s~ sees in 14~ct~plcac a~ud ~ paw that is ~ paid fer with Denton taaLpay~ 4 Z ham one ut1 eonsti~ction on Loop ~$1~. My cnnaern 4 subsidies, l want to ~f~r #o yeu at this tz t1~ ~ #bat I ~rn~ld - as~a bnsinesstnan ~ low ~ da gals, ~ working e plan f~ y~~ RanclY as a£ 1~-I~-~~. As ~ one of concerns fer far myself far that mat#cr ~ 3~au~ can , ~ of fhe its l~g~ited in blue uvhich 7 would be is haw you're splitting t pity in >~f en 7 ~eompass over ~4]~,O~p s~,ua fit of our existia mail $ retail bads. ~ are bei taxgd by All.e~iance velopat~ ~ ~ luaing is what drives rail. Tt's ~ Denton is a ~v~m of ~ pity of 1 ~0,~00 l~ what pe~pJ ~ decide to de a pa~icalar 10 pplc. 14~,~}~ people is not eno>~gh to support two I I `You krrou~, vve l,~c th~.~y.tt we've seen hie. Far i 1 r~gioaal'~,3rPc shopping enters. If you apprrn~ this case 1~ exaxYtplc, Leap ~~g, snd p~ net speak against a~ t~ tyre is a great chance that t t~ldcn Triangle Msll will l~~ pa~ict~r gam, but I w~~d caution you if y split the 13 fail and become a de~.d mall, l~iease understand that I am 14 City in half lie than y not adding tI b l~ nit air Asti This xs a fit that every yc~r aver ~5 l ~ ~r~poa~iortate to rail. 'You're not going to -fps 1 ~ regional sh~A~g ~ go u t~ aver~t~ilding. I ~ ~.ple, I'll give y~ nu example ~ ~'ris~~ It t~~k abut 16 And t are n~„~ exarnpl~s n'1~~+. I'7 rt t~ about eve yenrs for ~is~o to lend of ovare I7 ~ I'm sum tl~a# its does not watt ~ s 1 ~ that overbuilding of restarts and rail. I~c~w, I dent l~ a lyonabed out mall as they drive clang I-~~ car 1~ know ghat your tires her}~oaa~ are tT tia Iaa~zons 1 ~ euteri gatewa~i t~ Dcntoa from sor~th. Tease ~ are, but it's a real eonc~,r~ that th~'~s rr~ going ~ be ur~derstar~d nre iu wall business. e gave ~ l the p~ula~iot~ base ~ support r~staurauts at bath ends, ~l f~tl7and what happens wl~ aituafilons 1 this ~cur~ ~ ~ou`rc not going to $dd I~0,0, 1~~,~ people to gat It $ff re~ailer~ within tenter, othor retai~,rs ~ fp~d as quickly as you're gairag to add the big boxes and 3 the atm. This will affect tl~e I.~p as wcll~ ~4 mail. y€~ ham a mice, which wally s all of ~4 as lean in the irr~sdiate area. Dacs I]c~tor~ want t~ ~ suer, And Y think ult~tawly, t~ pity ~f > ~5 see this happ~u? I'm pr~osing that ~t this tine the ism l will as v~ell.. ~ 1 is tabled until pity of tin has eample a full So I think it's .sohing y do need ~ ~ e~~a~ic it st~.y to set vc~Iiat the final outcome may ~c 3 give s+us ~onaide<atfon of tlye econoonic impact. I~ yoa~ w~itb the addition of a saco~ad regional center into this 4 have the populatyon of rail base to support two ~ ~ yam, comply sopara ue~p~nts7 Thank you. ~ ~~t TlalC you far your G co~n~rs~~~ srrr.~; Tl ~rou. Il~a~ ~ comments. IUIs. ~e~~ f~llocd ley >~a~y Fel~naza, ? Ludc~an~ followed by Aida Zif~uatarr~a. I'm s #hat's 7 nos. ~T~: ~1m sp~akrng - m S not ht, but we"ll start w~i#h that, ~ g is AYda ~ihuatajo. I live at 3 Dunes ~t~ct. i'vc . 1~i. U[.r~rr~; ctoad evening. M n is ~ been in ratan for a little o~+er 10 years. And I wanes I~ IVlatt Lunam~ and I reside at 3~~1 Hide ~~f l~ to mss a ~ paints tart I'd for the pity of >ton 1 l Isorinth, Texas. I any crtl~ geliera! of the 1 l to focus an. First of all, ournent ahaa,dad bui~ing~, l~ ~ the dal Triaa~gle I4~lal1 ~ by Fan Mai. Properties. l~ I Icnaw we't~ foeasing an grow, but we need to focus l fur company purchased this prape~,y t over one r ago I ~ what's here now bore we ~ grawir~g an~+ fartr. 14 with the invent of~speading aver 4(} million dollars.nf cur 1~ Y frel lie the pity of Dc~tor~ is [~vcrsat<uura~ng 1 ~ own money, nit taxpayer doll t~ rez►ate this 1S Dentam with busirx~ses. I ra . Des. As many of 1 ~ paulat prrap~ty did p1. 1 ~ you ]avow, tly' tsatorstecl with busi~nes. T rnaved l7 ~ ~Ue've rcd our Tana with City officials ~ I7 into the area because it was small cammranity, a tit knit t $ and a~ we hear that ~i~ irnds to pays incentives, 1~ g~ttp. Aud I'd like to it that was as much as 1 ~ aiaag change aid taxpar and approve ta,ayer ~o I~ ~pessihle. I hate a qutio~ f~ AIle~iazac~, I wit t~ ~ mart of ~iataee Development tO put us out of kianw their intent for Dillards Building. if tl do ~1 business. I ~nn't belies the pity is doing dais ~1 pl~tr an Ming something with it, I Mink that nos to be i~te~ttaoQally hr out of malice, but the are a few things adsscd b~forc ~ytl~g else is done. I'd lid to know ~3 they new ~ he av of, Please ~nderstarrd that ~3 w}~at pesaihle te~nt~ they what plans they have for Allegiance development h$a pure the D~ar~s ~ualding ~4 that ~~space, if they don't plan on dea~ei~ng ~o1d~n ~ at of Triangle lil. ~illards with itatent ~f ~ Trier Mall tl~ they shoutid h~+e they should previde 40 ~,rl~il~LGlI,TiG1L 1 stAnc kind f ssible tenants and a time line f~ when 1 taxpayers at Lod ~8~ wig be sexy impacts by ~ try expeet tit to be co~plete~l. ~ t}~ year ln,r~ >~evelopni,erit, The prol Rayz~r Ranch 3 i also have c~nver'ns with fact that 3 retail canrpanent is a vntual car>~an copy of G 4 All~€ar~e bias both the huildi if t~ir invent is 4 Triangle NIatI. ,~.i~~cc is using a tactic designed ~ ~ centime to make it gnaPw. I road haven't ~ drive o>,n ~'riaagle out of husincss_ ~ ca~p~itrn~s hey p)e w the way they ~~uld. ~ This inv4ls a s~rsy ~ poring ~e ~ 1'd lie f~ pity of ln~n to ~ shave s~pert ~ 7 Dillards wilding in r ~ nut fry l~uyi~g 8 eiut meanies that a lam. Cd I1~ia11 $ it. Their plea is to intcntienall 1€eep the I~'llards 9 purchased that 1}~Y wEth the intuit to see it groP, 9 buaid~rg dar1~ $nd to pr~+~t h leg saki or lcatl 10 The ~iiy tnn emluaced them wl~i tl~y ca~nc throb 1~ to anather ancllar giant until #hey fIY1 up. I 1 ~eca~e we all haw ~ the mill has l hefarn, 11 This 1~s enly one purpose 1n naiad which iS haw vac~tt it's ham, and ~w inueh they want how mach 1~ dries out our tcnan#~ and ~ nel~a#e #hc~ to Raynor 1~ money tl~y want tp ~ i1Ytn that how ranch we' 13 ranch, ~ don't this the Katy shy suppart the l,r l~ waatad. to p~ ney into that ntal>f and. now I w 14 ~ Ranch project i~t tie face of these fact, pifally, t ~ like to see that be a d of Inta~'s, to answer ~ 1 the pity s~uld nat be ~ranri ng a sia1 mining change 1~ I~ento~ rc~its d made that dram a fir. IG il~t aul,d l~ouviy' ~ ~ de°vastati ecanaa~ic im~aot on 17 y xt paint, is expand wth in 17 ~ other taxpayers within same ity~ iirstead $peeial l l~ that of I~oep ~8g is sohing we've wc~rl telly 1 reining and sia~ tax b~ shld used ~ pz~mo#c 1 ~ Bard for. It's laz~g awaitetl;~and anee rods 1~ new ~~sirrses that are nit already in the ity. succ~ssfnlt th$t weuld he a honing tea. ~Ve'vc born ~Q Because oZde~ ~'riangle ~ one of ~1 wautang that for a and ~'d hate to nee it ~ 1 larst taxpayers} thi$ is a c~ssic case ~ r~hhiiag Pc~tei` de~troy~d by anott~r~eom~any, `I`bau~ you, to pay haul exc~t in this Cie, if tie pity l with ~3 CoMI[or~~ ~To~: Thn yvu, far your ~3 ~antrng wing cue, and prods t~ gmrit Ray~r eoi~~, h~T Feldman followed by Lei lneli. Ranch a ~lti~nillian dollar subsidy, this wig be Imo. :~tv: mad evening, 1y nan>e is ~ equivalent of shq~1 15 iu head in .order to pair Page 1 ~ gage ~ 1 Larry Fern. I'n► the of F~~ Fall Proptsa I haul. In sir, I'd li respeetf~Ily i+agi~st tl~t l~l~ lgorth ulevard, Cmeat l~e~,lc} hTew ~~k, ~Ve ~haught ~ you tala~ this request until ~ full-hlowr~ ~cndciat ~ holden ~'riangle loll wi#h the ittt~n oI'rvating it ~ eerie psis has performed by~an independent . 4 fully frem ~d to end and are p~pa~ t~ commit ~U 4 econcardst that w111 advise the qty as tp the mp] ~ million dol~rs in new capirtal in orr to mare tha# ~ ramifications that this prajaet will have el-widc happen. badly, aiu entr`re rva~an program may iiow be ~ Than you y inu. ? ~rdy. ~ reali.~ t what 1'r» about to say has ~ ~ . ~or~tv~r~~t Thank fir ynur h 1u~ted hearer on your decision on the ~ case, but ~ c~ent~, Diane Bich, 1, believe it's impoz#aat ~ shams it w~ yeu, ~ ~ . ~trxcH: ~thari~ you. l'~ I~aat~ Kelly ~ The pity is offerer Atlegiaace a 1 ~ >~unch. I live at ~ smoke ~kise L'irclc, which is in t I 1 mra]ti~million d~lr incentive paclc~~e that will cn~hlc l l Indian Ridge subdivision, whit ~s access ~ fr~n l~ Alle~ianee ~ build a stare .for l~il~rds. If you 1 ~ deli Triable Maly, Ye~iy I was at lc~► Triar3 1~ approve this Boni cam, and if the twity Fic~~ t~ 1 ~ II~1L And I spit about ~~7~,~~ th~ I would l> to 14 grant Allegiance a $ubsidy5 ~ wiIl vacate T1tia ~Ceep g that. Ifs lay Ranch project throb 1 ~ a11, We're certainly ant against the free enterrise 15 and is nay storey away fr~q, rim, I will Trot shop at 16 syn. but competfti has ~ be~on a level p~yirig I~ Raynor ]~aneh. I wall }also rrYy husirs elsewheiac t~ stems 17 f>el~ is order for everyone #n h a fair ch$nce. As yap l~ to the smith. l will shy at T~wis~itle. er I]ailas. l~nz I 1 ~ can see form vuliat Itt just put np an tl will, lyz~r 1$ ^ill net shy at Rayr Ranch, I think what All~ian 19 Ranch as p~anaing to drain virtu~.lly every l~ ter►ant nut 1 ~ ha$ dnr~e is a little unde.iided And I do n approve of of viol Triarrg~e antrary to i,~nt re~~rts, I it, ~ does nat a stanr that I hold. Anri I ~ 1 tel. y#u far a fact A11iance is in advance ~l orild respeotfi~lly l~quest that t moth t~s ntiations with bath J,, PrYnny and I~iilard,s and, is tab ~til you could have an economic study of the ~3 ram~tsatly ~ei~g after Macy's. # is tlr out of our 3 impact it would 1~~ve on not only Aden ~'riar~le Mali, roux an~~ a au as t1~e retail 4 but a the homes in t'he area surround~~rg this, It's dc~vn#own for area, ldetr Triangle toth~` the just sing that has really upset . It's made me mid 41 ~a~ 1 P~~ i and I'~n g to stop ~y feet about it. I'nn ~ little 1 ~ it's y rat Arty against prnpcrty. It's ,11y ~ upae~ Aren't you ups? ~ city agait city, ~d w~ want t~ l super 3 ~Aud~ ap~lau~ng.~ ~ r~ional sl~Pping aster in tl~ its of 17~t~n. 4 s. ~Ur~[~H: end I don't agree with it and 4 Today a sma11 enel~sed poo~rl~ leas dark ~ I"rn oat gei I can't remer~ ~ fX~ mevi~ 5 shoeing filter isn't wag attraot the merehan# tlyat ~ I'm net going ~ i~ a~ywa~. Thank you v~y ~ we want tc have Thin ~ we're ready ~ pica's and 7 ~i~ ~rr~: That ~oneludes cur 7 ~ trhou~ ~laek Market, they've ~e+cn approved in tl~r ~ speal~rs faor t~s , Ids the applit I~ve a 8 oa~ni~ee and I till our ~o~e rehants rn~.ldn't ~ rebruttal twament~ ~ to mld~ Triangle ~r any cmtc~s. T>~y'rc 1 D . ~o~~~: Hi. I'm dandy Ho1c~h wilh 1~ to ltnn most of our tenants ~e going to be new to 11 ~ Aln i~lop~ agog Dive, I?al7aa. First 11 Eton. 1 ~ of all, I' d like t1~nk l'~r c~r~ nut 1 ~ Y ia~uglYt canm~ents ~r~m ~d 1 ~ tint. This is~ ~+ou low, it`s ~ food to out 1 i~ng ~irY~e tr did have a $0 grant that f~dod 14 ~ a c the air, Tl~ae's been a ~t bra end 14 that ~evetapmertt, so I find that add sad Y think the l ~ uendo shout our puns for Ray~~ Ranh and 1 ~ Icasing amt ought to knave that, peaking of 38~ its 1 ~ m~c$andi~ing and it's piebty irrte~tin~. ~ 1 ~ and "11 tn11c ahrnzt t rrrt eek* our pacl 17 First of ail, we let nee tail abut 17 isn't to food Di11ar fur ~ is t~ fund pu~li~ ~ $ ~iUa ~inr~ that's a hit Rio{ ~ ~"t ~ut.y own 1$ iiripvnts t e n f~ Ray~ar l~.a~n~h. As an example 1~ Uillar~s. a are in c,~nv~rsa~~on~ with Dips, at7~ 1~ end ~S y~urre ~1 wcll ~v~are, w~ Svc tal~.t ~n t~ we"ve ~l]~i~il,~ly ~1~i10C t11~] fi4~'IC t~ I1' 1~.r7Fl e~ a~~ ' #V17~1~ ~n1v~r$1t~ I~r]V US ~I b out d wY~ them would be tit o et buy their ~l ~$0 from bonnie I~rae to ~~3 at n cost of nine million huildin~.. but we're it beea~se we iliac is dollars. And what we're dig is we're irrg t to n ~3 plow Ttg1e, a t1~it~C 7t's get ~+eal e~~te. ~.tr ~ ~ t1~t it' $ and dono in advance of the oning ~4 plans m~ release the lain and rat try to imp ~4 oI' ~ rail so ire d,~n't have a meat of what's Being on the hopping ~5 ~ . ~ .4 l ~ lei at the Made 1 we'll l}c ~nishe~ and a with that in ~ rese~zc~ sl~v~ .u~ that ly~or inch, we wig extend the ~ fall is ~~0~ . in adva of 0~~ o i ` ~ l~'' ~ ~t ntorr t area ali war up to Arcl,ne, ~1d~ and 3 t a1,a is nip million d~lla, ~nr puh1~ 4 ate a super mgien~ trade area actlly hringing 4 infra~trt i~ r 1 ntilli~n dollars, hay rr t~ ~ cnst~rarrs to the pity ~f Iron, n taking away from the 5 do with DiIlards~ qty ~f Ian, Ern l~cehalf' off` the ~0~ people that have ~ Again new na~rchanta sbogping ce~t~, 7 auhmitbed t1~ nn-line survoy~ that didn't cam, that ~ son i ~g~in" I ap~i~ evcody c~o~ning out and I'll $ didn"t bot~r with corning down ham, t}aey ovrheltrri~y ~ answer any ques~ona that you tray h$ve. ~ S't this ['e1m~t. I t}~ we ail know tha#. And 9 o~~s[rox~ T~.A]~G~; ~+~ne have ~y . lb it's and #b~se Dave been uns~li~itcd swrveys tit ~ 1~ questions of app]jc~nt? 'I`ban]~ yon, r. Holeornb.. . 11 they~ve scot in. Thy pcreent of all tl~ st~vey~ 1 I e'11 c1es~ puhiic hearing. Da live a m~ti~n ~n 1 ~ are not gypping raldeu ~'rinng•Ye. 1 ~ this item 1 ~ o ~o~Cs t`~t today arc doarxg 1 ~ lbfr, Tl~at~s. 14 a foot well holow the industry average of ~~~~.~0 14 ~o~[vztszarr~ Te~i~: r had sac ~u~stion of l ~ ~ foot. A~, you lo7ow, it's ~0} percent e~cr~ied. 0 1 the applic again And I sherd have ail eacli~r. tl' 1 i~ tl was #hat much deuzand and pity supposing 1 p~blio g~nt~ that you' get~ng, what port;~n# i~ 1'~ it, sh~ppiug center wouldn't 6c is cuxr+~nt 1~ may, deals with the deoded, perry that you've pzuchased~ 1 ~ eoidon. fur plans ~ reall}r, it`s sot --but it`s not 18 l~r~ ~vh$t I' understo~cl in pasty it all 1~ really PAY against pr~pe. The rca].ity is a 1~ 1~ transper#ati~n ~ irnpr~vernen#s ~ e~iating drainage t n,etghbo~ cities, I~~rthlake is a geod exa~le, ~ ~4 prphI~ns that we 1vc~ l the'vc nrmout~edcl I~crrthlaIcc Tewn ~ at rnnr of ~1 h+f~. H~LCIVl~~ that's correct, Ttrat's ~ l 17l ~ ~ they've a~tivcly pursuad s d~artt ~ correct. In additiar~, some of the public inl`ra~tru~tu~e~ st`pres. ~o t1, reality is you ~ end u~ with the qty ~3 v~'re making suhsttial iurmrnts to Nye bark ~4 lesing these depa~~nt stc~es and regiflnal mall 4 tl sip ~f the dam and oor~t~buting I~Torthl and also the new she at a Tollway. ~ ~ silks ark arbors ~ or~lal~e Par1~. ~n top of that 42 ~a P~~ 1 W~"~+~ d~ClatCd 8~ fit fr~r tlyc f~ght-of-way ~xpauaS~~tl ~I 1 ~1~~~551~13, a~ i~ght. 'S~'e"Y~ v~~lced art tk33S fQr wSS, ~ ~onnic Brane for i=utuxe, And wG'rC irk ~ kandsca ~ months re~ll this the fir$t tip t I've heard 3 pt,n path evnnti, a~ all ~ ~ ~ people none out and talk ab an inspect .study aid such. 4 l~orthlakes Pant. ~ Akl of comets I have den v veer goad, ~ Sot aga~u, v are making trndrrus I the what Ailc~i~n ln'osi is far the pity ~ irnp~rovcmex~t~, in#r~astructly ban ~ you knov~} those 6 of Itan. But dust t~ ccn a ern of warns, aid I lmc~vv 7 fnnda not iz~t~nded far tlx dcparp~,ent stems, 7 tit~g i$ an issue as wells what anld happen if we did ~ $ r~~i~rra~ T~~~: ~ none of that money $ ee~nomic im~a~t study? I n in t~ of haw far wautd ~ i~ iag deeded. praperGy that du've currentky 9 it set tlYe dev~lopme~t hack, what would that entail for 10 p~ucha~~ed~ I ~ the ~itya et ~ Thst may he a ~u~tian 1'ar staff ar ~ ~ . n~~ ~t~~c Vat's ~orrcc#. 11 ]egai, I don't haw. 1 ~LIOI+~R TH~MA~: thank yap. 1 cas~rot~~ ~T~,AN~E: ter. Drab. 13 o~i¢sr~r~.~ '1E: ~ this 1ega1 also i~ . ntt e1~ speaking far legal, i 1~ 1 a corrnnent they wish to c on this item.. 1~ can't really an~w+~' your' qucs~~, 1 can ~nl~r paint out l~ , DBE: rave that thenw's a lot l~ tit e do have an eeanamic devpz~t dcpermt ~ is 1~ r}f peopke cxpr~ssing a lot ~f knelt feelings cut 1 ~ w~r~ing cm nnan~+ cf these issues. ale have a number I~~st~ arl~cd ~ porint out fir everyo's aficativn 17 p~ that ate w~king ~n that. Sus bi 1€ind of l ~ hem that the paw ~a item that's 1 ~ campa~rtrn~ntaliz. huroauaraay t we one, it' ~ not an 1~ disusd is one of ading. na~pisiv~ Plan in 1~ ~ issue that I'm working on in ~c k dcp~~t and I the .t~ acccdate t e of clecvement. It's don't know ~ it"s aQythir~ that's rca]ly hcan addre~s~d ~1 trot a eaononlic development issues or 1 bar the planning tlepartm~t itself, but I can assure yrn~ fur~di ~f it m even the nine at this past in neverthes that it is brig worked b other time, but just t ~cfrc elr, l think Y'n~ se~~in~ depents. 1~nd tit I filly I erect tit issue t~ ~ Icy U~ Sori1sC C4[}~ll~lbn ~ wl]~t's bern~ YQt~ ~R ~~3C5Cd i~Lt 1,~ wh~tl t 1~Q~nlt . igh~ trot t y of tl~ eamments ar questions ~ incczr~ves are brot farw~rd. t~ the ili~ail for Pa~~ gage 1 iu~+alid oar oat suPPortable er anything like t}~at, but I 1 , considerati~a. ~ did want ~ ~ sure ~ was a tl~roug'h unc~rstandir ~ ~~n~n~~' ~rx , ~in~. ~ #hat the its that's ~n t tphlc t row is the sue far ~ C~h~~I~h~t wATE~ENS: Tll~ill{ yoll, . ~ amendment of the omprsivo flan. 4 h~irtnan. 1 guess maybe I've sew a good bit. o one ~ ~QMh+i<SS~Di~1ER STRAE~GE; Thar you, montird t< ~,.517~ tll~t`s what ~ traffic 6 1?ralce, ta~f. away from d~wr~tovcr~t Denton $ number yrs. I attend Lam: yes. Let m~ jet briefly add 7 older '~riartg~ 1 day and try to bey as much as I 8 that tl~ a~ali~aut actly not received an~r ~ ~ ear from them And ~ manly want to ace do ~.l. ~ intiv at this p~,xrC~ And tit is scl~aduled for Iater Y also kn tl~t ~irapcvinc i is thrratcd with 1~ this month. So I l~►ow there is a ricr of ~iscussis 10 b~n~tptcy~ ao appar~tly mall business is not ll back and fnrtb about, you 1~n:awr much rnar~ey afid what 1 l semeChing thefts cast' ~ese dais. Hut sill by the same l~ .~'s going t"a 1,yc dcvo~d far but as of this date, the ~ l~ tarn, the west aide cf Inton hgs had very little air l~ applicant has not z~c~ived any nic intives from thou a couple cf fist food places. e ear 1 ~ the pity, 14 store and I don't .ass it" s yin t~ aama back, but I'rn 1~ r.~IpF1aTr~n?n ~u~C~riiC~ i ~ going #o havoc to vote far tlYiS mntinn beau for oue 1~ ~aitn, snot' Y speak. 1 ~ simpie rcas~u, ~ ~$nit bring m~+sckf ~ vote against it 17 r~t~ssz~~~ ~ri~ vve'rc finished l7 pause ~ wou~ be ~strictiug ~ in my rn~d, it is 1$ t?~ public hearing I we har+e a mot<otr an this itCtn:~ res~i~tin~ trade for pcopiC ra.r t you foIl~s have l~ il, since everyh~dy`s ~y, I'l1 move approval of Its 1 tie matey, ~rou'rc developing i~ and I trust your judgmcrrt ~ 4I~, which i~ -~~~o~~, ~ay~r ar~~h, I'll n that in that yam' not gains to throw the n~aney away, I"m sow, a fowl motion. ~l That's not a papu apeman, I realise, bttt I'm going to ~0~9Iv1ISS~IUP Ti~O: [ ~~C~~~. ~ haV~ ~ V~ far ~1~ti~~~ ~ you, lit'. airman. 3 ~ t have a see~nd fTam ~ issiarFan s~t:rl3: ~harr% you, lSr. ~4 II~Ir. ~'homas. 3"ll now inavc any disssicn? fir. Fagan. ~4 atldns~ ,uycne else havoc any diacu~si~ on this i~ni?. oa~aisrorr ~r.~ro~: . Pot ~ please vote. Tbu~ ism basses 7-~. 43 I ORDINANCE N~. 2UU7- AN ORDINANCE OF THE CITY ~}F DENTIN, TEA, RE~DNIN APPROXIMATELY ~~3 ACRES OF LAND LEGALLY DESCRIED IN E~I~I~IT "B", ATTACHED HERETO, FROM THE EI~TINC~, NRH I~, NU, CII~.O AND N~- ~~NINCx CLASSIFICATIONS AND ICE DESIGNATIONS TD THE RCC-D ~DNINCx CLASSIFICATION AND USE DESIC~NA.TION, AS CODIFIED B4~ THE TERl1~S OF THE RA~~OR RANCH OVERLAY DISTRACT CLASSIFICATION HEREIN A~NDED; AMENDING BY SUPERSEDURE CHAPTER ~ , SUBCHAPTER I3 OF THE CITY ~F DENTON CODE DF ORDINANCES, `{DENTON DEVELOP1ViENT CODE", "SPECIAL PURPOSE AND OVERLAY DISTRICTS'; PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPIIrIENT STANDARDS FDR THE RAY~OR RANCH OVERLAY DISTRICT; APPROVING AND AUTHORISING ECIJTION, AMENDMENT AND RECORDATION OF A DEVELOP1VlENT C~REEIVIEN'f ATTACHED AS EXHIBIT , AND REMOVAL OF TIC TEST OF SECTION 35,7,I3.3.A.5 OF THE DENTON DEVELOPMENT CODE UPON SUCH OCCURRENCE WITHOUT NECESSITY OF F~JRTHER COUNCIL ACTIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN TIC MAIMUIVI AOt~NT OF $~,a0~.a0 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE, wR~A, the property owner initiated the rezoning process for that X23 acre tract of land legally described by metes and bounds in Exhibit "B", attached hereto and made a part hereof by reference, and depicted as "P, RR-l, SF-~, , ,and HOTELIRR", within Exlublt I~, the "Property"~; and w~EItA~ the owner of the Property requested that the Property be considered far rezoning from NR~U-1 NRM[.J, CNI-C; and NR-~ zoning districts to the RCC-D zoning district, ~ as modified by the "Raynor Ranch Overlay District" previously defined, and amended herein; and wHE1~EA, the owner of the Property supports the rezoning of the Property; and w~EA, ectians 35.7.1, 35,7,2, and 35,7.3 of the Denton Development Code authorize the City Councii to approve overiay~ districts to protect and enhance certain specific lands and structures which, by virtue of their type ar location, have characteristics which are distinct from lands and structures outside such special districts and contain such reasonable and necessary requirements to insure the protection and enhancement of said land and structures. Further, the overlay districts axe authorized to establish specific design standards and development regulations to effectuate the purpose of the district; and WHEREAS, on 1VIay 9, ~~07, the Plan.ag and caning Commission, conducted a public hearing, and having fou~ad that all prerequisite requirements had been sat~sf ied, recommended approval of the requested zoning and Cade amendment; and w~EREA, on ay I5, ~aa7, the City Council held a public hearing as required by law and approved the change in zoning from the NRU- I NRMU, and C~- zoning districts to Page 1 dist~.cts to the RCC-D caning Classi~icatian and ~Jse Designa~ians, a~s rnodi~ied by the Raynor Ranch overlay District, as arr~ended herein; and ERA, the City Council f ind~ that establishing the ~yzar Ranch D~~r~y District serves a public purpose; and R~,~, the City Council n~.a~es the following findings; A. The change in zoning and the Creation of the Rayzar Ranch Overlay District 1s consistent with the Comprehensive Plan; and i B. The Raynor Ranch overlay District will prated and enhance the Property, which is distinct from the lands and structures outside of the R.ayzar ranch IVlar~etplae verlay District, including the immediate neighborhood ~D THEREFORE; THE C~~TNCII~ ~F THE CITY ~F DEiVTDN HEREBY DRD~.~N: ECTIDN I. The findings and recitations contained in the preamble of this ordinance axe incorporated herein by reference, ECTI~N Chapter ~ 5, subchapter 7'`Denton Development Code", "special Purpose and overlay Districts", Code of ordinances, City of Denton Texas is hereby amended by supersedure of ectian x.7.1 . Raynor Ranch overlay District, to read as follav~s: 35.x.13.0 R~a r Ranch ~verla ~]iat~ic~, The I~ayzor Ranch overlay District cissificatian is hereby defined with respect to approximately 41 ~ acres of land, legally described in Exhibit to Ordinance 2a~7-~~. ~.1 P~nrpo~e. The purpose of establishing the Raynor Ranch Marketplace Overlay District is to: A. Ensure compatibility of new construction .th the existing scale .and characteristics of surrounding properties; and B. Protect and enhance specific land features which have characteristicsdistinct from lands and structures outside this Special Purpose District; and C. Provide v`rithin the Raynor Ranch area a combination of land ruses arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the inuriediate surrounding area, the planned mobility system, and other public facilities such a~s mater and seer systems, parrs, schools and utilities; and D. Encourage ~ more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development which may be Page ~  i i characterized by special features of the geography, topography, size or shape of particular properly and to accomplish a mare economical and efl"~cient use of land, 3.7.1.E Subarea, This district shall be divided into tvvo major divisions, separated generally by U S~ University drive} -the Marketplace and the Taman tenter. A, 1Vlarketplace. The 1V~arketplace shall be divided into t~vo subareas, ~ , Subareas 1 and of the Marketplace are generally depicted in Exhibit K B, Taman tenter, The Tan tenter shall be divided into t~va subareas. 1, Subareas 1 and of the Town tenter are generally depicted in Exhibit K Part or all of the Subareas may be developed in phases 3,7.1.3 A lication of R ~ion~. A. general. ~ . The follong definitions shall apply to the Raynor Ranch overlay district: a. ontinuinaxe Retirement tenter. A facility that integrates multiple senior living a tiaras into one facili includin skilled ~ ~ nursing, assisted. living, dementia care, as well s independent living. This use is not considered a n~ultifa~nily dv~etling unit. b, Plaza or Public Area S ace: An axes identified on a plan filed at the pity which is designated far public or civic use. The designated area shall be maintained by a propertylhon~e owner assaClatlDn, c. Raynor Ranch: The comprehensive development which includes all phases defined within the Rayzar Ranch overlay district ~~rdinance ~o. ~~~7-a~S~. ~Subaectian .7'.1~.3.A.~, below, may be deleted from bode ~e~t by Staff ~r~on ~attisfaction of a~ co~nditiou~, withor~t ne~~ity of further Council aetion~ . In addition to other permits and requirements which must he obtained or satisfied prior to construction. of any improvements, na building permit of any type, certificate of occupancy, or any other permit allowing construction of improvements may be issued ~oier .than a clearing and grading penni~}, and na construction may take place v~ithin the first phase, until; Page  i a. A development agreement is executed, fled and recorded, providing far the escrow of 2I ~,a~a in funds for mitigation of trees removed without a permit, and cornrnitting $25~,Da~ in park ~rnprovements to offset drainage impacts at forth Lakes Park see exhibit b, This requirement supplements, but does not supersede, satisf~r, or replace any other permits or requirements of canstruuction. It is understood that the Developer wr11 submit and the city will review Flats and Engineering Documents, prior to condition ~a~ above being met; with the Baal of obtaining a mass g~ad~.g permit far the second phase, and construction permits for cerin temporary roadway improvements within the second phase. anditian ~a} shave is a condition for plat approval, but may be satisfied aver plat approval, 3.7.13.4 IVlarke lee - Subarea I ~eve~o meat Stan~~rd~ SF-1. [T~ BE IN~P~RATED LATE] 35.7.13.E Niar~e dace - Subarea Deve~o meat Stan~ard~ - P and ~R-~ . In Subarea the pity rules and regulations applicable to the development of property located within a R-D zoning district are applicable with the following additional restrictions; Permitted Uses. The only permitted uses are a shown on the attached ll~aster honing Sate Plan See Exhibit L~. generally, these uses must be located within the Subareas as shown an the [aster anceptual honing Plan ~E~bit K~ as follows: RR-: wholesale sales; retail construction materials sales with a ini~nun~ floor area of 14~,a~a square feet; quick vehicle servrcin; garden center with contalncr plant materials and associated garden supplies only accessary to retail or a Name improvement center in excess of l ~0,~4~ square feet, retail sales and services, restaurants, parks and open space and professional services and ofi.ces. All other uses are prohibited. B. R~-~; retail sales and 'services, restaurants, drive~through facilities indoor recreation, parks and open space and professional services and offices. All aver uses are prohibited. P: parks and open space, water quality feature as defined. in this ordinance. All other uses are prohibited. Pale 4  i "I~", except far the area labeled dote. which abuts III- which shall ha~re maximum height of 792 feet abase mean sea le~rel. 5.7.1. Yte De~i~n #and~rd~. In this district, the 1ty rules and regulations regarding site design standards, subchapter 1 and the Site Design criteria Manual shall apply, except far the following; A. Landsca in and Tree ~Iiti~ anon -Landscaping and Tree Mitigation must additionally meet the standards set Earth in Exhibit "C'}. B. Architecture Architecture must meet the standards set forth in Exhibit "D'~. 5.7.x.7 _ Parl~n~ i~n~ard~. In this district, the pity rules and regulations regarding parking standards, Subchapter I4, are applicable with the fallowing exceptions: A., Maximum Allowable Number of Parking Spaces. Section 5.14.4.P shall not apply. ~5.7.1,~ Draiuua~~. A. general ~n this district, the drainage ~mpro~en~ents shall be designed ~n accordance nth the requirements provided the Denton De~relopment bode Section 19 and the Drainage criteria Manual. I. Areas within the RR-3 Area that do not drain into North Lakes Park Property are not subject to the Development estrictions in ectian 5.7.I3,9,B, B. Storm water Drainage into North Lakes Park Drainage Areas A 1 and B 1 ~ l . Drainage Areas A I and ~ 1 depleted on Exh~blt "E", Drainage Areas Exhibit, consist of approximately 225-acres of land that drains into the South Pond at North Lakes Park formally l~nown as Hickory creek Site I G Pond 1 This Pond is regulated under Texas Administrative bode Title 3a Part 1 chapter 299 Dams anal reservoirs, and is classified s an intermediate size high hazard impoundment in Section 299,4 of these regulations, High hazard impoundments are required to pass the Probable Maximum Flood ~P1VIP~ without overtopping of the dam embankment, or failure ofthe outlet works, ar emergency auxiliary spillway, 2. Exempt Lots: Development of Tats in Drainage Areas A 1 and B 1 are exempt from the restrictions of Subsection 35.7.1.9.8 if the aggregate impervious cover surface area within all the exempted lots does not Page d exceed ~ a,aaa square feet. Streets and sidewall~s in publicly dedicated rights-of~way ar public access easements are not included in the aggregate imperious surface area calculation. 3. Development of fats in Drainage Areas Al and B ~ that are not exempted under 35.7.1,9,B,~, above, will be restricted as follows with regard to drainage improvements until praveaent to Pond 1 d are constructed and accepted the City and TCE to achieve compliance with Texas Administrative Code Title 3 a Part l Chapter X99 Dams and leser~oirs: , Preliminary Plat approval will not be granted far any development until the City ~f Denton and TCE~ have approved the Preliminary hydrologic and hydraulic analyses ~PMF and dam breach analyses} and the preliminary engineering ~PRELIlVNARY E~INEER~ REP~~T} to determine the extent of the embankment and spillway improvements that are required, TC~ ccapprOVa~" is defined as Clty receipt of written correspondence from TC~ indicating that the methodology, assumptions, flood hydrograh calculation procedures, and design analysis methods being used to determine the extent of improvements are in accordance with TCE accepted methods and procedures, b. Final Plat approval will not be granted far any development until the City of Denton and TC~~ have approved the construction plans far the embankment and spillway in~prave~nent, the source of funds far construction is identified, and a construction schedule is committed to far the irr~pravement, c, Building permits may not be granted until the construction contract for the embankment and spillway improverr~ents is awarded to a Contractor acceptable to the TC~ and City of Dentan, and it can be reasonably detei~nined by the City that the construction and acceptance of the Pond 16 impraven~ents can be co.pieted prior to the certificate of occupancy being issued far any building. All right-of-ways and easements requixed for con.structian and maintenance of Pand ,1 if any, must be secured and recorded prior to Building Permit being issued by the City, d. Final Acceptance or Certificate of occupancy ~iay not be requested until the improvements to Pond 1 ~ are constructed to achieve compliance with Texas Administrative Cade Title ~ 0 Part 1 Chapter X99 a determined by the TCE, e. Approval may not be granted far any Final Plat that does not provide for onsite storm water detention until the downstream channel and culvert iinproven~ent at Bonnie Brae ~.oad to co~avey the developed peak flaw into Pond 1~ downstream Page 7  Lm in~proverr~ents~ are designed and approved by the City, and, constructed and. accepted by the City, unless the downstream improvements are included as part of the development, in which case the downstream impraven~ents plans will be included and approved during the Final Plat process 4. Storm Water duality a. A11 Preliminary and Final Plats will include provisions far vnsite or regional stow. water quality enhancement, including dedication of drainage casement areas as necessary to construct the storm water quality structural controls and n~anagerrient practices as described Exhibit "F" b. The storm water quality controls shall be constructed s a part of the storm drainage improvements far the development. c~ Approval will not be granted by the City for any Preliminary or Final Plat that will rely on downstream or regional storm water quality controls until the downstream improvements to serve the development are designed and approved by the City, and, constructed and accepted by the City, unless the downstream. in~provernents are included as part of the platted development. d, Engineering inspection fees v~ill be ~ paid to the Cif for the inspection of all storm water quality controls during construction. Designer certifications that the startn water quality consols and management practices were constructed in accordance with the approved plans will be provided to the City upon request. J, Exce~ptlQn ~ F~~`st Phase ~ba~e~ Final Plat that provides onsite detention i not prohibited by these drainage ~equirnents or restrictions if the City approves an analysis showing the onsite detention pond is sized to capture the excess runoff volume from the development resulting from the PMF and provide extended detention of su#ficient duration to prevent rise in the earth Lakes Pond maximum water surface elevation during the PF, The Developer's Engineer shall certify that the analysis shows there will be no rise in the water level and no adverse impacts to Pond 1 ~ prior to granting approval. b. No ~uilchng Permrt for any development ~n the RRR~ Subarea may be granted until the City and TCE have approved the construction plans for the Panel 1 ~ embankment and spillway improvements, the source of funds for construction is identified, a construction schedule is committed to for the improvements, all rights-af-way a~.d easements required far construction and Page 8 maintenance of Pand ~ b, if any, are secured and recorded prior to issuance and other applicable requirements far issuance have been satisfied. Alternatively, a wilding Permit is not prohibited by these additional drainage restrictions, provided that an onsite detention pond meeting the requirements of Paragraph B.S.a. in this Section has been constructed and accepted by the pity, and all other applicable requirements for issuance have been satisfied. c, ~n addition to other applicable requirements, a Final Acceptance yr certificate of occupancy may not be granted until the construction contract for the Pane I6 embankment and spillway improvements is awarded to a ~antractor acceptable to the TE and pity of Denton, and it can be reasonably determined by the pity that the construction and acceptance of the Pond ~ d irriprovements can be completed prior to the certificate of occupancy being issued far any building, and all other applicable requirements for issuance have been satisfied„ Final Acceptance or ~ert%ficate o~f occupancy may be granted by the pity if the ansite detention pond rrieeting the requirements of Paragraph ~.5.a, in this Section has been constructed and accepted by the pity, and all other applicable requirements far issuance have been satisfied. d. No other exceptions to the development schedule may be requested from the pity until the irnpraveents to Pond 1 ~ are constructed to achieve compliance with Texas Administrative bode Title ~0 Part 1 chapter X99 s determined by the T~. 6. North Lakes Park Pond - Freeboard far Pte' a. Freeboard requirements are provided in section of the Hydrologic and Hydraulic ~ru~deline far Dams rn Texas, T~ Final Draft, approved by T~ on August 2~, ~a0~ ~T~ Reference Dacument~. Land use assumption requirements are provided in ectian ~,3. Na freeboard is required far the PIVIF for ultimate development watershed. b. The PF hydrograph may be computed fallowing the procedures in the TE Reference Document ar using TR-60 Furth Dams and Reservoirs, NR, .iuly 2a0, No freeboard is required if the TR~~a ~nethad is used, c. The clam breach analysis will include inundation depths and flood mapping downstream from the darn until the peak flows in Pecan creek are attenuated to the non-breach PMF peak levels. The length of the attenuation gill be as defined by equation 8. from the TES Reference Document. Pale 9  Lm Embankment and spillway improvements designed and constructed by the developer will be based on the ultimate development conditions in the pond watershed} including the full development of the Raynor Ranch development, per section ~.3 of the TE Reference Document, e. An analysis of the effects of flows from the ultimate developed watershed mill be provided by the developer with the darn safety analysis as set forth in Section ~~.7.1,9.B.3,a, Inundation lengths v~ill be determined per Section .5 of the shave-mentioned TE criteria. Inundation limits {width and elevation} will be determined using HEM-RA or HEM-~ analysis methad~ fallowing the procedures described in Section S.$ of the TE Reference Document, .~,~.1~ Tr~n~~ortation. A, Required Improvements: 1. Developer wilt provide a temporary easement far an eastlwest connection from ~H-35 east to Bonnie Brae prior to issuance of any building permit {other than a clearing and grading permit} far prope~y located in the f first phase {RR-~} port~.on. The Developer will provide a temporary asphalt or concrete road in the approximate location of the temporary east~west connection from IH-3 5 frontage road, at the existing tracker Barrel access drive, east to Bonnie Brae as shown in Exhibit prior to issuance of any building permit {other than a clearing and grading permit} far property located in the first phase {RR-3} portion. 3. The Developer will provide aright-hand turn lane, an the north side of West University Drive~CJ, , ~ S a to the northbound lH-3 ~ service road, prior to issuance of any building permit {other than a clearing and grading permit} far property located the first phase {RR-3}portion. 4. The Developer mill provide a southbound deceleration lane, on the west side of Bonnie Brae which connects to the eastlwest connection between Bonnie Brae and I~~ prior to issuance of any building permit {other than a clearing and grading permit} for property located in the second phase {RRW~} portion of IVlarketplace. 5. The Developer will provide 9~°Io plans as defined by TxDDT for the remaining impraven~.ents to U.S, as identified in the Kinaley-Horn Traf~"ic Impact Analysis dated January ~9, ~a4~, prior to the issuance of any building permit far any property which is not located in RR-3 or the SF-1 Subareas of 1Vlaxl~etplace. 10  Lm i The Developer will construct a left turn iar~e on northbound Bonnie Brae which connects to the eas#lwest connection between Bonnie Brae and ~-3 prior to issuance of any building permit father than a clearing and grading permit} for property located the RR-~ subarea of Il~arktplace. B. The required 2a-foot visibility triangles are to be measured from the curb line not the property line. x,7.1.11 street tand.ard~. in this district, the City rules and regulations regarding street sta~.dards, Section 35.~a.~, shall apply. Alternatively, in all street sections other than I~eritae Trail, the standards depicted in Exhibit {`J" may be utilized, if different. SE~TI~N The Proper is hereby rezoned to the R~-D zoning district classifications and use designation, as modified by the Raynor Ranch Overlay District clasificatioa~ herein defined, and the pity's affic~al zoning neap is hereby amended to show the change in zoning district classif~catian. ETIO 4. The Development Agreement attached as Exhibit , is approved, and the pity IVlanager is hereby authorized to execute the dacunient on behalf of the pity, and his designee is hereby authorized to record same as a covenant running with the land lying within the Raynor Ranch Overlay District. Any .odi.~catians necessary to effectuate its purpose and approved as to legal form by the pity Attorney may be incorporated prior to execution and recordation. ~Jpon recordation of the executed Development Agreement, as modi~ ed, the Oity ll~anager ar his designee is authorized to remove section ~,7,I3.~,A. from the text of the Denton Development Oode, without further action of the Oout~cil. SECTION 5. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity or the remaining provisions or sections ofthis ordinance, which shall remain in full farce and effect, SECTION Any person violating any provision o this ordinance shall, upon conviction, be fined a sum not exceeding ~,aDa.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7, That this ordinance shall became effective fourteen X14} days from the date of its passage, and the Oity Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, the official newspaper of the pity of Denton, Texas within ten {I a} days of the date of its passage. PASSED AND APPROVED this the ~ day of , PERRY NIONEILL, MAYOR Rage 1 t  I A.T Jk EST, ~EI~E ALTE~.S, CITY SECRETARY APP~~ED AS T~ LEGAL - , f I~YDER, CITY THEY Lit of ~~hhi~it~ Exhibit A: Metes and aunds Descr~ptlan and ~ep~ctioi~ a~ Entire Special purpose overlay ~iStrlCt Exhibit Metes aid Bauiads Descriptian and l]epiction of the Approximate Acre .Area Exhibit Landscaping and Tree Mltiatian Standards Exhibit D: Architectural Standards Exhibit E: Drainage Areas Exhibit Exhibit 'dater duality Pratectian Plan Requirements Exhibit Temporary Eastlest Transpartatiari ~annectiaii Exhibit H: forth Lake Park ~inprovements Exhibit J: Alternate street Standards Exhibit Master ~ariirig conceptual Plan Exhibit L: Master caning bite flan Exhibit M: ~evelapment Agreement for f~n~i.ng Page 1~  i METES AND BOUNDS, PART ONE AND PART TWD 41 D.Z8 ACRES (TOTAL) FRANCIS BATS~N SURVEY, ABSTRACT N0.43 8.B.8. & C.R.R. CaMPANY SURVEY, ABSTRACT NC.192 CI T Y OF DENTON, DENTDN COUNT Y, TEXAS PART ONE BEING a tract of land situated in the Francis Batson Survey, Abstract No. 43, in the City of Denton, Denton County, Texas, being all of a called 121.4759 acre tract (description of Shepherd Hall Tract, Tract 2), described indeed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the Real Property Records of Denton County, Texas, all of a called 0.2254 acre tract (Tract 1), a called 2.1017 acre tract (Tract 2) and a called 2.2200 acre tract (Tract 3) described indeed to Quantum at Denton Self Storage, L.P., recorded in Volume 5021, Page 01847 of the Real Property Records of Denton County, Texas, part of a called 18.269 acre tract, described in deed to Denton Property Joint Venture, recorded in Denton County Clerk's File No. 00-R0101370 of the Real Property Records of Denton County, Texas, all of a called 2.999 acre tract, described indeed to De Hall Properties, Ltd., recorded in Denton County Clerk's File No. 2005-40231 of the Real Property Records of Denton County, Texas, being part of a called 8.9217 acre tract of land described in Deed to Mesquite Creek Development, Inc., recorded in Volume 4562, Page 0683 of the Real Property Records of Denton County, Texas, and all of Lot 1 of SANDY ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 13, Page 47 and Cabinet J, Slide 348 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the north end of a corner clip at the intersection of the north right-of-way line of West University Drive (U.S. Highway No. 380, a 100.20 foot wide public right-of-way) and the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly southeast corner of the beforementioned Lot 1 of SANDY ADDITION; THENCE with the corner clip, South 45°48'44" West, a distance of 90.93 feet to a 3l4-inch iron rod found for N corner; ° ° THENCE with the north right-of-way line of West University Drive, the following courses and distances to wit: ° N --North 89°07'28" West, a distance of 773.40 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --North 88°56'28" West, a distance of 1761.77 feet to a 1l2-inch iron rod found for the southeast corner of the called 8.9217 acre tract; ~ THENCE leaving the north right-of-way line of West University Drive with the east line of the 8.9217 acre tract, W North 00°23'40" East, a distance of 276.40 feet to a point for corner; THENCE crossing the called 8.9217 acre tract, the following courses and distances to wit: J Q W a --North 89°10'52" West, a distance of 227.61 feet to a point for corner; ~ --North 00°59'35" East, a distance of 80.89 feet to a point for corner; Q ~ --North 89°00'25" West, a distance of 290.00 feet to a point for corner in the east line of Lot 1, Block A of J 0 PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the o Plat thereof recorded in Cabinet 0, Slide 45 of the Plat Records of Denton County, Texas; 0 w Page 1 of 6 ~ X ~ Kimley-Horn ~ antl Associates, Inc. THENCE with the east line of Lot 1, Block A and the east line of Lot 2, Block A of PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Slide 856 of the Plat Records of Denton County, Texas, North 00°59'47" West, a distance of 217.71 feet to a 5l8-inch iron rod with "KHA" cap set for the northeast corner of Lot 2, Block A; THENCE with the north and west lines of Lot 2, Block A, the following courses and distances to wit: --North 88°42'36" West, a distance of 400.01 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --South 01°28'09" West, a distance of 28.89 feet to a 5l8-inch iron rod with "KHA" cap set for the northeast corner of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet I, Slide 148 of the Plat Records of Denton County, Texas; THENCE leaving the west line of Lot 2, Block A of PORTERIANDRUS ADDITION with the north line of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, North 88°31'28" West, a distance of 399.39 feet to a 5l8-inch iron rod with "KHA" cap set in the northeasterly right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) for the most northerly northwest corner of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION; THENCE leaving the north line of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION with the northeasterly right-of-way line Interstate Highway No. 35, North 16°07'54" West, a distance of 632.67 feet to a 5/8-inch iron rod with "KHA" cap set for the southwest corner of Lot 14 of GREENWAY CLUB ESTATES, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 4, Page 27 of the Plat Records of Denton County, Texas; THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south and east lines of GREENWAY CLUB ESTATES, the following courses and distances to wit: --North 73°15'13" East, a distance of 518.79 feet to a 5l8-inch iron rod with "KHA" cap set for the beginning of a curve to the right; --Easterly, with the curve to the right, through a central angle of 16°47'40", having a radius of 345.00 feet, and chord bearing and distance of North 81°39'03" East, 100.76 feet, an arc distance of 101.13 feet to a Q 5l8-inch iron rod with "KHA" cap set for the end of the curve; o --North 89°58'43" East, a distance of 364.46 feet to a5/8-inch iron rod with "KHA" cap set for corner; --North 00°57'04" West, a distance of 450.70 feet to a 5l8-inch iron rod with "KHA" cap set for the o southwest corner of Lot 1, Block 10 of WESTGATE HEIGHTS, an addition to the City of Denton, Denton ~ County, Texas, according to the plat thereof recorded in Cabinet E, Slide 78 of the Plat Records of ~ Denton County, Texas; N THENCE leaving the east line of GREENWAY CLUB ESTATES with the south and east lines of WESTGATE HEIGHTS, the following courses and distances to wit: J Q w --North 89°32'37" East, a distance of 48.23 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --South 87°34'57" East, a distance of 1042.99 feet to a 5l8-inch iron rod with "KHA" cap set for corner; J --North 00°32'57" East, a distance of 318.04 feet to a 5l8-inch iron rod with "KHA" cap set for the most w northerly northwest corner of the beforementioned 121.4759 acre tract o Q~ THENCE leaving the east line of WESTGATE HEIGHTS with the north line of the 121.4759 acre tract, South W 89°13'56" East, a distance of 2067.29 feet to a 5l8-inch iron rod with "KHA" cap set in the west right-of-way o 0 line of Bonnie Brae Street; N 0 w ~X Page2of6 ~ Kimley-Horn ~ antl Associates, Inc. THENCE leaving the north line of the 121.4759 acre tract with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit: --South 00°37'18" West, a distance of 1455.38 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --South 00°26'45" West, a distance of 568.70 feet to the POINT OF BEGINNING and containing 153.37 acres of land. Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND R0610060. PART TWO BEING a tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 192, in the City of Denton, Denton County, Texas, being part of a called 265.6365 acre tract of land (description of Shepherd Hall Tract, Tract 1), described indeed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the Real Property Records of Denton County, Texas, and all of Lot 3 of LOTS 1,2,8,3 PEARCYICHRISTONADDlTION No. 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet B, Slide 34 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of West University Drive (U.S. Highway No. 380, a 100.20 foot wide public right-of-way) for the northerly common corner of Lots 2 and 3 of the beforementioned LOTS 1,2,8,3 PEARCYICHRISTONADDlTION; THENCE leaving the south right-of-way line of West University Drive with the common line of Lots 2 and 3, South 01°08'26" West, a distance of 600.00 feet to a 5/8-inch iron rod found for the southerly common corner of Lots 2 and 3; THENCE leaving the common line of Lots 2 and 3 with the south lines of Lot 2 and Lot 1-C of LOTS 1-A,1-B, 1-C PEARCYICHRISTONADDlTION No. 1, an addition to the City of Denton, Denton County, Texas, ~ according to the plat thereof recorded in Cabinet L, Slide 188 of the Plat Records of Denton County, Texas, o South 89°04'34" East, passing the southeast corner of Lot 1-C at a distance of 711.59 feet and continuing for a total distance of 730.60 feet to a 5l8-inch iron rod found in the west right-of-way line of Bonnie Brae Street (a o variable width public right-of-way) for the most easterly northeast corner of the beforementioned 265.6365 ° N acre tract; ~ THENCE with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit: --South 00°58'54" West, a distance of 1438.01 feet to a 5l8-inch iron rod with "KHA" cap set for corner; J --South 00°48'51" West, a distance of 1175.56 feet to a 5l8-inch iron rod with "KHA" cap set for the Q w beginning of a curve to the right; --Southwesterly, with the curve to the right, through a central angle of 45°01'58", having a radius of 321.07 feet, and chord bearing and distance of South 23° 19'47" West, 245.91 feet, an arc distance of J Q 252.35 feet to a 5l8-inch iron rod found for the beginning of a reverse curve to the left; --Southwesterly, with the the curve to the left, through a central angle of 57°31'56", having a radius of 392.01 feet, and chord bearing and distance of South 17°04'48" West, 377.30 feet, an arc distance of W ~ 393.63 feet to a 5l8-inch iron rod found for the end of the curve; N --South 11°41'10" East, a distance of 10.57 feet to a 5l8-inch iron rod found for the north end of a o N corner clip at the intersection of the north right-of-way line of Scripture Street (a variable width public right-of-way) and the west right-of-way line of Bonnie Brae Street; w THENCE with the corner clip, South 39°33'50" West, a distance of 11.48 feet to a 5l8-inch iron rod found for n the south end of the corner clip; ~ , Page3of6 ~ Kimley-Horn ~ antl Associates, Inc. THENCE with the north right-of-way line of Scripture Street, North 88°58'00" West, a distance of 1265.16 feet to a 5l8-inch iron rod found in the south line of the 265.6365 acre tract; THENCE leaving the north right-of-way line of Scripture Street, the following courses and distances to wit: --North 01°02'00" East, a distance of 500.06 feet to a 5/8-inch iron rod found for corner; --North 88°58'00" West, a distance of 761.56 feet to a 5/8-inch iron rod found for corner; --South 01°02'00" West, a distance of 500.06 feet to a 5l8-inch iron rod found in the north right-of-way line of Scripture Street; THENCE with the north right-of-way line of Scripture Street, the following courses and distances to wit: --North 88°58'00" West, a distance of 318.44 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --North 88°48'26" West, a distance of 41.73 feet to a 5l8-inch iron rod found in the northeasterly right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) and the north right-of-way line of Scripture Street for the most southerly southwest corner of the 256.6365 acre tract; THENCE with the northeasterly right-of-way line Interstate Highway No. 35, the following courses and distances to wit: --North 15°50'30" West, a distance of 38.32 feet to a 5l8-inch iron rod with "KHA" cap set for corner; --North 16°24'00" West, a distance of 3494.36 feet to a 5/8-inch iron rod found for corner; --North 14°50'06" East, a distance of 171.01 feet to a 3-inch brass disk in concrete found for corner; --North 46°04'12" East, a distance of 303.95 feet to a 5/8-inch iron rod found for corner; --North 60°32'22" East, a distance of 114.22 feet to a 5/8-inch iron rod found for corner; --North 00°58'25" East, a distance of 13.09 feet to a concrete monument found in the south right-of-way line of West University Drive; THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south right-of-way line of West University Drive, the following courses and distances to wit: Q 0 --South 88°56'28" East, a distance of 2440.06 feet to a 5l8-inch iron rod with "KHA" cap set for corner; 0 --South 89°01'07" East, a distance of 117.72 feet to the POINT OF BEGINNING and containing 256.91 0 acres of land. ~ Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND R0610060. W w This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, Q and is not to be used to convey or establish interests in real property except those rights and interests implied J or established by the creation or reconfiguration of the boundary of the political subdivision for which it was u prepared. J Q w o~ Q~ w 0 N 0 0 N 0 w Page 4 of 6 ~X ~ Kimley-Horn ~ antl Associates, Inc. PART ~NE,153.37 ACRES FRANCIS BATSnN SURVEY, ABSTRACT N~. 43 CI T Y OF DENTIN, DENTaN COUNTY, TEXAS BONNIE BRAE STREET (VARAIBALE WIDTH PUBLIC RIGHT-OF-WAY) 5006'45"W SIddI~~ ~S'44"W -CY S00'37'1 S"W 1455, 38' 568.70' - 90.9 LOT 1 SANDY ADDI110W b~~ ~ a VOL. 13, PG, 47 O 0~ ~brs'$ ~3,C~, P.R.D.C. T. ~ ~ ~ o, POINT OF ^ BEGINNING " ~ ~ ~ `~o~ Q APART ONE} w W N N ~~2°ti ~o~Q~ ]W]~a°a~ p a ~~~~o I~VmJ~ ~ J ~~~m~ pV~W~ ~ O~~Q 02 ~ U J m Q J U 4 ~ V) ~ M ~ ~ N , ~ ~ Q a ^ , o ~ w~ ~ ~~o ~~a~ N ~ h ~opx ~~~a~ ~ U m~~.NOW ~ Z m ~ ~ ~z~~~" PART 1 ~ Q o $ Q~w~ ~ 15.3.37 ACRES ~ i ~ o v za ro 2C~g " W ~ ~ Z ~ ~ ,a,~~opp• o a ~ ~ ^ `YeJV O ~ ~Q CALLED 121.4759 ACRES ~ lJ ~ ~ m ~ DESCRIP110N OF SHEPHARD HALL ~ ~ ~ ~ TRACT (TRACT 2) ~ Q DENTON HILLVIEW, L.P. \V D.C.C.F. No. 2005-127450 R.P.R.D.C. T. ~ 4 CALLED 2.2200 ACRES (TRACT 3) QUANTUM at DENTON SELF STORAGE, LLLP CALLED 265.6365 ACRES VOL. 5021, PG. 01B47 DESCRIPTION OF SHEPHARD HALL R.P.R.D.C.T TRACT (TRACT 1) DEN TON HILLVIEW, L.P. ~ a ~ R N00'32'57~ E D. C, C. F No. 2005-127450 ~ 315, O4 ~ ~ R.P.R.D.C. T. Q CALLED 2.1017 ACRES (TRACT 2) ~ o e ~ a a R F« QUANTUM at DENTON SELF 2 " STORAGE, LLLP ~ VOL. 5021, PG. 01847 1 w ~ R.P.R.D.C. T. .~~01 ~ 0 o PPR~ \ ~ s p w ~ ~ ALLED 0.2254 ACRES (TRACT 1) Z ~ ~ ~ d~, r0~'9LZ QUANTUM at DENTON ~ ~ Q W ~ Y ti ~ 'OS~ O~ 3nObr~Z.00N ~ SELF STORAGE, LLLP W~ ~ V W 2 a .O VOL. 5021, PG. 01847 ~ y~~ ~ ~ ~ ~ ~ ~ ~ O~ R.P.R.D.C. T. _ ~{~jI ~ U Ci ~ 3U ~ ~ N~uW~O ' ~ ro~o~a 3 N" w f~, ~~41~ O ~ ~ ~ ~ NN n ~ oo ~N ~N ~ _ ~ ~ J Q Z ~ a N00;5 ~'Q4"W ~ " W o~~5 oti~ 3 00'59'47"W o ~ 4a~~70' P ~ a ~ ~ ~n , ~ ~ ~ c~ 217.71 I ~ ~ o~,o~ o Q~ W oOp ~e ~h r~ W Z= G~PG~' ~e Z r68'8Z r~ 0~ G 'rln60rS~~~S ~ I,~ ~ N Z VJ " O O ~ ap ~ N " p0 O CALLED 18.269 ACRES c~ ~ ~ ~ ~ ~h p Z ~ ~ DEN TON PROPERTY ' I w A ~ II II ~ JOINT VENTURE ~ J m V D.C.C.F No. 00-R0101370 ~ ~ ~ ~ 3 W R.P.R.D.C. T. ~I ~ a ~ Z 5 n SCALE: ,r Y No~,~ Y~ - ~ ~ rw 632.6 Tp1E N~~BUW R GHT,oF a~ 1~ inch - 500 f~,. z .~~'S4 iN.~s w,aTH P Page 5 of 6 ~ X N~ 6 (VARPIBA~ ~ Kimley-Horn ~ and Associates, Inc. PART TWO, 256.9 ACRES B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT ND. X92 CITY OF DENTDN, DENTDN COUNTY, TEXAS a CALLED 121.4759 ACRES DESCRIPTION OF SHEPHARD HALL l ~ no TRACT (TRACT 2) w1E~ 2ro DENTDN HILLVIEW, L.P. 1`~ A o o ~ ti D. C. C. F No. 2005-127450 ~ AR~ o v ti n o o R.P.R.D.C. T. I^ ~ ~Zm n~$.. ''o~o~ ~ ~ ~ NEST UNIVER~TY DRIVE (U.S ~ y HI(~IWAY No. 380) I (100.02-f00T WIDE PUBLIC RICHT--OF-WAY) S89'01'07"E x101.4.2,22 HE ~ S88' 6''28 uE ~ X440.06' ~ r--- ~ ~ ` ~ N00'58'25uE N46 0412E 13 09' LOT 2 ~0 ^e 303.95 P01 NT OF Lo r 3 ~r''$°'3 0~ o~ BEGINNING C"B.D1B, SL~ ~ o {PART TWO) P.R.D.C.T. 0~1~~ , ~N14'S0'Ox"E ~01•~ ~ a ,~~'`o~~ 171.01' ~cY/cH~smrv ~v~noH No. ~ ~~~~"ta",~'~°G CAB. 8, SLIDE 34 ~P0 Q' P.R.D.C. T. ~ 71 .59' S01'08'26"W S89'04'34"E 730.60' ~f x00.00' p o e PART 2 W 256,91 ACRES <Z ~ U D ~ N CALLED 265.6365 ACRES Q m -~I DESCRIPTION OF SHEPHARD HALL ~ ~ TRACT (TRACT 1) ~ o ~ DENTDN HILLVIEW, L.P. W o Q = D.C.C.F. No. 2005-127450 ~ 3 ~ ~ = R.P.R.D.C. T Z w ~ pQ mQ a ~ ~ -C co ~ o Z ~ o N o, A ~ 0 aW ~ ~ w ~ ~ ~ 3 ~ ~ N d~ _ O ~ ~ I x w N88'58'00 "W 7x1.56' d=5731'56 Q R=392.01' d=45'01'58" ~ 3 L=393.x3' R=321.07' > ~ 00 CALLED 265.6365 ACRES ~ , CH=S17ro4'48'°W L=252.35' ~ ~ ~ DESCRIP110N OF SHEPHARD HALL p O CL=377.30 CH=N2319 47 E Q ~ N Q O TRACT (TRACT 1) N O ~ C~ - O DENTDN HILLVIEW, L.P. Q O CL=245.91 w O ~ D. C. C. F No. 2005-127450 ~ SCRIPTURE STREET o U1 R. P. R. D. C. T. O (VARIABLE WID1H P1IBLIC 511'41'10"E N N15'50'30uW 2 RICHr-oF-war) 10.57' o 38.32' N W E NSS'4s'2x "W ~N88; 8'00"W N88'S8'00»W x5 6 S39'33'50 "W ° 41.73' 8.44' 11.48' u w S n scA~E: ~ e.~ 1~ inch = 600 f~, Page 6 of 6 ~ X ~ Kimley-Horn ~ antl Associates, Inc. i:i ~ ~j~f i~K .::FJ: .._::~:~T:~ ~ 4:. ARCHITECTURAL GUIDELINES ver5~o~, ~.s M~~n i6.2oo~ omn~lan TABLE OF CONTENTS EXHIBIT 1 Masterplan 2_3 ARCHITECTURAL GUIDELINES 4-5 Article 1 Residential Buildings 6 Article 2 Multiple Unit Residential Buildings '7 Article 3 Multi Family Developments in Pedestrian District '7-g Article 4 Continuing Care Retirement Community g Article 5 Nonresidential and Mixed Use Buildings 10 Article 6 Nonresidential and Mixed Use Buildings in a 11 Pedestrian Oriented District Article 7 Large Scale Development Regulations 13 Article 8 Definitions 16 APPENDIX A Material Applications 17-18 APPENDIX B Canopy & Shading Applications 19 APPENDIX C Amenities 20 APPENDIX D Architectural Imagery 21 APPENDIX E Bighouse Architectural Imagery 22 APPENDIX F Large Scale Development Examples 23-29 Rayzor Ranch Architectural Guidelines Version 1.5 EXHIBIT 1 Master~lan All road alignments and parcel layouts shown herein are conceptual and may vary. Final road alignments and parcel layouts will be established at final site plan approval or platting. 2 Rayzor Ranch Architectural Guidelines Version 1.5 ti' ~ V ~ r ti' ~ ti K. • 1 .1~1 ~ y •r •1• i . h aFytti r ■ k' I r . 1 "L r .h . L' ti j r• ti + 4. i •5. r 11.. 1 ~ r i i.• •~ti. 1 ~ - ,~I 1• .r I:.• 1 I....~•Lt~... • ~ ..I r •rrr I :.r 1 ~ r L• ti :a ti 1 ti I .1 r i • Y r ti. i. .•x 1 r ti ~ r r ti I • r L 1 N. ..y~tihh. AI I ~ 11. ' 'ti' I.i: r_T ~ 1 ~ 4f~ f ti 1 •I .1 I r I 1.5 ~ . .hr .r 1~ I 1 :I 1 ' ..,x..•hvr .h~.. h~ i• 'y x '.I :f I . .I ' h... h •L ,'r r ,r. V ~ r .1 . V ~1 Y { ti L 5 5 •r 1 .1 1' { 1 ti y 1 K ti ~ ~ I• 1 ' r ti ti ti ti- .ti`{ Tr • •r r r ..1 If r- 1 1 r~ '1•. 1 :11 ti r r I 1 L 5 5 ~ 1 ~ . . . f 1 ~ r 1 •r~l . r r~~ J 1~ '1 ti .ti m 1 ti k •f '11 f•- f Iti yf 1 y 1 .I V •1 1 I 4 r 1 1. . 1~ . ti r f F ,ti r _ ~I ~ r;~ ~ ~ ti.n.~ ~ I 1 ~ r ~ f' 1 3 if s F ~hh... yt,rhh r • j r h Y S ....r ti 1 hf1 1 •'V.r rVV ••~Y 1 •I 1 1' S 5 I .I . i' ..r • ~ 11 Jl L ~ 1 ~ 1 i ti ~ :I• ~ h....l ~ L...........~ k...~ r... r....... Y....... 1!. I..... •.a.... .....r r.... ..ti ..ti ~ ~ r~tL ti ti tier., al 1~ Ir 1 . . _ • 4• r+ ti. r•• -...tip. 1 ti. ~r ti f r' i• ~.I t 1 i Ii 1 • ~ ~1 _ •YYYti :V V V V V V V: • 1 3 Rayzor Ranch Architectural Guidelines Version 1.5 OVERALL ARCHITECTURAL GUIDELINES RAYZOR RANCH Rayzor Ranch is a signature walkable development comprised of residential, office, retail, civic and entertainment lifestyle experiences organized around a 13.4-acre public park. Shopping, entertainment and public space harmoniously weave to- gether living and work - forming a distinct North Texas community. Master planned as an "urban" town center, a street grid organizes multi-story mixed-use structures, creating interesting outdoor spaces while framing compelling vistas. This grid continues throughout the surrounding neighborhood strengthen- ing connection to the community. Vehicular circulation provides access and energized movement within outdoor space. Enhanced cultural amenities, such as community parks, museums and a potential amphitheater complement retail and en- tertainment amenities, allowing customers to enjoy their own personal daytime and evening experiences. Pedestrian green- belts provide safe, walkable connections throughout the neighborhood. Operational services are efficient and transparent to residents and visitors. The architectural character will be derived from heritage and vision connected to this time and place. Rayzor Ranch will be a genuine community and a desirable place to spend time. The development will feature authentic use of quality materials and timeless design detailing appropriate to the North Texas region. DESIGN VISION Distinction: Rayzor Ranch will be a signature open-air mixed use destination providing a dynamic lifestyle experience. Shopping and Entertainment will compliment Living and Working fostering customer brand loyalty. Diverse program com- ponents will be harmoniously woven together to form a strong connection to this community. Urban: Master planned with an "urban" town center character this proj ect supports a growing suburban community market. A street grid organizes multi-story mixed-use structures creating interesting outdoor spaces while framing compelling vis- tas. Vehicular circulation provides access and dynamic movement energizing the outdoor space. Community space, patron amenities and sidewalk activity allow customers to "dial-in" their own personal daytime and evening experiences. Nodes and intersections provide energy focal points and transitional connections between districts. Operational services are of ficient and transparent to the visitor. Pedestrians will experience immediate space and connect with distant opportunities. The Experience: Character will be derived from qualities and identity connected to this time and place. Pragmatic Mas- terplanning where building and vehicular organization create meaningful outdoor space and connection to community. Architecture, Graphics, Landscape and Lighting expression appropriate to this region of Texas. This will be an authentic place of community and a desirable place to spend time. We want to make it "real". Communication: The primary form-giver for the project is retail. Office, Entertainment, Hospitality, Residential and Com- munityuses compliment this focus where simple, flexible and neutral facades act as graphic backdrops frame buildings' ten- ant storefronts. Application of materials, color, scale, lighting and graphic imagery integrated in a cohesive manner, where the whole is greater than the sum of it's parts. Signage and graphics guide, inform and educate patrons. Community: Urban community can be defined as diversified, pedestrian scale, public space with a structure of bounded neighborhoods structured by public space, a circulation system to support the pedestrian, and both diverse and hierarchi- cal discernible edges, and are planned with urban growth boundaries to limit sprawl and create density. They include regional transit, a major open space network, related cultural centers, commercial districts and residential neighborhoods with diverse and balance housing and places for casual and spontaneous interaction which create vital towns, quarters, or 4 Rayzor Ranch Architectural Guidelines Version 1.5 neighborhoods. Towns provide housing for a diverse population complimented by a full mix of commercial uses such as retail, office, civic, cultural, service and hospitality. Walkable streets reinforce the value of the five minute walk and safe pedestrian pathways connecting districts and neighborhoods. Communities have an orientation toward public rather than private space with "greenbelt" and limit of human habitat. These types of places mix neighborhood (urbanized areas with a balanced mix of human activity), district (areas dominated by a single activity), and corridors (connections and separations of neighborhoods and districts) unified by the "5 minute walk" linking the center to the edge. It is 1/4 mile from the center to the edge. Center is always essential public space, typically geographic center unless geographically eccentric where it is the locus of public buildings. Shopping or natural feature maybe at edges of neighborhoods. The developer will create a Tenant Criteria Manual as a guideline for tenant storefront development. The purpose of the Tenant Criteria Manual is to communicate the unifying design intent, guide the design process and establish the quality expectations of the project. The design criteria will provide specific examples and outline acceptable build-out limits to establish a cohesive vision covering diverse topics related to building massing, material palette, architectural details, land- scaping, signage, amenities, operations, tenant and owner responsibilities throughout the life of the project. Layering: A secondary layer of elements (retail storefront, convenient parking, varied multi-level building heights, mate- rial texture, color, lighting, solar shading devices, landscaping, environmental graphics, specialty merchandising, benches, trash cans, light poles, art, and children's play areas) support a comfortable pedestrian environment for living, work and play enabling the patron experience to be memorable, satisfactory and invigorating. 5 Rayzor Ranch Architectural Guidelines Version 1.5 Architectural Guidelines Article 1 Single Family -Residential Buildings (SF1 and SF2) Any single residential building that is built on a platted lot shall comply with the following standards: A. SF 1 buildings shall be constructed utilizing at least three of the following design features from Group A. SF2 buildings shall be constructed utilizing a total of 6 of the following design features, no less then three from Group A and no less than two from Group B and one additional design feature from Group A or B: 1. GROUP A a. Dormers b. Gables c. Recessed entries, a minimum of three feet (3') deep d. Covered front porches e. Cupolas f. Architectural Pillars or Posts g. Bay window, a minimum twenty-four inches (24") projection 2. GROUP B a. Clay tile, slate, copper, prefinished architectural metal standing seam metal roofs or high definition composition roofing materials b. Fireplace chimneys matching exterior finish of the main structure c. Windows and doors made of wood, metal clad or metal with factory finish d. Decorative wrought iron or wood railings as extensions of the architecture the main structure e. 4:12 to 12:12 single pitch roofs or double pitch roofs up to 12:12, with shed roofs used only as secondary elements B. The garage door shall not occupy more than 40% of the total building frontage. This measurement does not apply to garage facing an alley or courtyard entrance. Any garage may not exceed beyond the main structure. Front facing garages that are at least thirty feet (30') behind the house front may exceed the 40% frontage minimum. C. The same elevation may not be used within any ten lot groupings. I~~~ ~ a ~ ~ ~ D. For single family residential buildings in the SF 1 districts, all walls, except gabled roof areas, which face a street or sidewalk other than an alley or driveway must contain at least 20% of the wall space in windows or doors. For single family residential buildings in the SF2 districts, all walls, except gabled roof areas, which face a street or sidewalk other than an alley or driveway must contain at least 25% of the wall space in windows or doors. E. Primary entrances shall face the street or sidewalks. Porches facing streets are encouraged. F. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. G. All walls facing street must contain at least 20% stone or masonry. Exterior finishes shall be wood, ma- sonry, stone, stucco, HDO board, prefinished architectural metals, or other high quality material customar- ilyused for the building style to support the ranch design aesthetic. While EIFS may be used as specified below, it is not to be considered as a primary building material. Acceptable material and color palette (reference Appendix A-D): 6 Rayzor Ranch Architectural Guidelines Version 1.5 • Limestone-varying colors, sizes and textures • Galvanized metal panels or prefinished architectural metal panels of a warm neutral/earthtone color • Painted siding of a warm, neutral/earthtone color • EIFS or stucco of a warm, neutral/earthtone color above twelve feet (12'). • Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a lim- ited, sparing manner • Natural metals such as but not limited to zinc and copper • Natural wood H. At least 50% of the front yard frontage shall have buildings within the maximum front yard setback. L Five percent of the land area that isnon-constrained open space will be designed into a green, plaza, or a combination of planned open space oriented to the neighborhood. J. Mechanical Equipment Screening: All mechanical equipment should be screened from view from public r.o.w.. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 2 Big House (BH) Residential buildings designed for multiple residential units with ten (10) units or less, excluding duplex- es, either for rental or condominium ownership that are not Multi Family. A. Orientation 1. Orientation a. At least 50% of the front yard frontage shall have buildings within thirty feet (3 0') of the front property line. b. Buildings that are located within thirty feet (30') of property line adjacent to a front yard shall have at least 15% of the wall facing the street in window or door areas. c. Parking areas shall not be located between buildings and the street. Parking lots may be located on the sides and behind the buildings. 2. Private Streets shall be required to include sidewalks of at least five feet (5'), and include street trees according to the standards of this section, but public street setbacks shall not apply. 3. A variety of compatible exterior materials' use and type, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, rooflines, shall be used. B. Building Materials 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the j amb. 2. Fronts and street sides of buildings visible from the streets or walks shall be non-reflective and a minimum of 40% of the total net exterior wall area of each building elevation, excluding gables, windows, doors and related trim, shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. The balance of the net exterior wall may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Director of Planning) customarily used for the building and style. Acceptable material and color palette (reference Ap- pendix A-D): • Limestone-varying colors, sizes and textures • Galvanized metal panels or prefinished architectural metal panels of a warm neutrallearthtone color • Painted siding of a warm, neutral/earthtone color • EIFS or stucco of a warm, neutral/earthtone color • Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a lim- ited, sparing manner • Natural metals such as but not limited to zinc and copper ~ Rayzor Ranch Architectural Guidelines Version 1.5 • Natural wood 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of unbroken glass surfaces are discouraged. 4. Metal Roofs. Metals roofs visible from grade are permitted provided that they are of architectural quality. The Director of Planning shall determine if the proposed roof material is of architectural quality. C. Mechanical Equipment Screening: All mechanical equipment should be screened from view from public r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 3 Multi Family Developments Multi-Family developments with more than 10 units shall conform to the following standards: A. Orientation 1. At least 75% of the front yard frontage shall have buildings within twenty feet (20') of the front property line or thirty feet (3 0') of the street curbs. 2. Buildings that are located within 30 feet of property line adjacent to a front yard shall have at least 40% of the ground story wall facing the street in window or door areas. 3. Parking shall not be located between buildings and the street. 4. Buildings shall be directly accessed from the street and the sidewalk. A minimum of one ground floor pedestrian entrance must be oriented toward the street and include a porch or stoop. 5. Garages may occupy no more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. Any garage may not extend beyond the building front. Garages that are at least thirty feet (30') behind the house front may exceed the 40% frontage minimum. a. Garages shall not be located along the portion of the building that fronts the public or private street. b. Buildings shall front on public streets and/or a private street system and not parking lots. c. Entrances shall be clearly visible from the street edge sidewalk and shall bepedestrian- scaled. Front entries should be denoted through the use of distinctive architectural ele- ments and materials, such as ornamental glazing or paving, over doors, porches, trellises or planter boxes or otherwise identified in this section. d. Accessory structures such as carports, garages and storage units (but not including leasing offices, club houses or recreation centers) shall not be located along public right-of way and/or private street system. 6. Open Space a. An area equal to at least 8% of the lot area, excepting required setbacks, shall be dedi- cated to open space for recreation for use by the tenants of the development. Mixed-use developments of greater than 35 units per acre shall be exempt from this requirement. b. Areas covered by shrubs, bark mulch and other ground covers which do not provide a suitable surface for human use may not be counted toward this requirement. c. Private decks, patios, and similar areas are eligible for up to 5 percent of the 8 percent required open space. d. Play areas for children should be provided anywhere in Rayzor Ranch for projects of greater than So units that are not designed as age limitedor student housing. 7. Building frontages greater than one hundred feet (100') in length shall have recesses, projections, windows, arcades or other distinctive features to interrupt the length of the building facade. 8. Architectural Features. Fronts and street sides of buildings visible from the public right-of way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of the exterior wall areas. 9. Height and Bulk. Adjacent buildings shall have different elevations. 10. The top floor of any building rising over four stories must contain a distinctive finish, consist- 8 Rayzor Ranch Architectural Guidelines Version 1.5 ing of a cornice, banding or other architectural termination. 11. Architectural Requirements a. Facade modulations/building articulation: Facades must be broken up to give the appear- ance of a collection of smaller structures. Elements including but not limited to balco- nies, setbacks and projections may be utilized to articulate individual units or collections of units. Unarticulated and windowless walls along street-facing or principle access lane facades are not permitted. b. Stairwells shall not be the dominant architectural feature along any facade facing a public street or private street system. c. Accessory structures (including detached garages, carports and storage units) visible from the public right-of way, private street system and/or adjacent residential properties shall include at least three (3) of the following on the facade that is visible: 1. Facade modulation of at least six inches (6") for every thirty feet (30') of wall length; 2. Multiple building materials (e.g. brick fieldstone, limestone, marble, granite, textured block, architectural pre-cast concrete, concrete composite siding, wood clapboard siding, wood beaded siding, stucco or vinyl siding); 3. Multiple surface textures (e.g. rough, striated, imprinted, etc.) or patterns: 4. Separation in roof pitch, variation in direction of roof pitches, inclusion or dor- mers, or other variation on roof design; or d. Use of false door or window openings shall be defined by frames, sills or lintels. B. Building Materials: All walls facing street must contain at least l o% stone or masonry. Exterior finishes shall be wood, masonry, stone, stucco, HDO board, prefinished architectural metals, or other high quality material customarily used for the building style to support the ranch design aesthetic. Acceptable material and color palette (reference Appendix A-D): • Limestone-varying colors, sizes and textures • Galvanized metal panels or prefinished architectural metal panels of a warm neutrallearthtone color • Painted siding of a warm, neutrallearthtoneco/or • EIFS or stucco of a warm, neutrallearthtone color • Accent colors of a warm, neutrallearthtone range are encouraged but should be used in a limited, sparing manner • Natural metals such as but not limited to zinc and copper • Natural wood C. Mechanical Equipment Screening: All mechanical equipment should be screened from view from public r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 4 Continuing Care Retirement Center (CC) A facility that integrates multiple senior living options into one facility including skilled nursing, assisted living, dementia care, as well as independent living. This use is not considered a multifamily dwelling unit. A. Orientation 1. Orientation a. At least 50% of the front yard frontage shall have buildings within thirty feet (3 0') of the front property line. b. Buildings that are located within thirty feet (30') of property line adjacent to a front yard shall have at least 15% of the wall facing the street in window or door areas. c. Parking areas shall not be located between buildings and the street. Parking lots may be located on the sides and behind the buildings. 2. Private Streets shall be required to include sidewalks of at least five feet (5'), and include street trees according to the standards of this section, but public street setbacks shall not apply. 9 Rayzor Ranch Architectural Guidelines Version 1.5 3. A variety of compatible exterior materials' use and type, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, rooflines, shall be used. B. Building Materials 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the j amb. 2. Fronts and street sides of buildings visible from the streets or walks shall be non-reflective and 40% of the total net exterior wall area of each building elevation, excluding gables, windows, doors and related trim, shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. The balance of the net exterior wall may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Director of Planning) customarily used for the build- ing and style. Acceptable material and color palette (reference Appendix A-D): • Limestone-varying colors, sizes and textures • Galvanized metal panels or prefinished architectural metal panels of a warm neutrallearthtone color • Painted siding of a warm, neutral/earthtone color • EIFS or stucco of a warm, neutral/earthtone color • Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a lim- ited, sparing manner • Natural metals such as but not limited to zinc and copper • Natural wood 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of unbroken glass surfaces are discouraged. 4. Metal Roofs. Metals roofs are permitted provided that they are of architectural quality. C. Mechanical Equipment Screening: All mechanical equipment should be screened from view from public r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 5 Nonresidential and Mixed Use Buildings (RR2) Non-residential buildings or mixed-use buildings and their lots (Those that combine non-residential and residential uses) not in a pedestrian oriented district and their lots shall comply with the following stan- dards. A. Orientation 1. Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building facade. 2. Buildings shall incorporate arcades, roofs alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used in place of these architectural features. 3. The primary entrance of a building or store shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. 4. Trash storage areas, mechanical equipment, and similar areas shall be screened from public view. 5. Loading docks shall be screened from public view, and may not be accessed directly from the street. Acceptable method of screening is evergreen shrubberry, masonry, wood or metal screenwall system. B. Building Materials 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the j amb. 2. Fronts and street sides of buildings visible from the streets or walks shall be non-reflective and a minimum of 40% of the total net exterior wall area of each building elevation, excluding gables, windows, doors and related trim, shall be of wood, masonry, stone, decorative block, 1 ~ Rayzor Ranch Architectural Guidelines Version 1.5 stucco, HDO board or other high quality material (as determined by the Director of Planning) customarily used for the building style. The balance of the net exterior wall may be wood clap- boardsiding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Director of Planning) customarily used for the building and style. Acceptable material and color palette (reference Appendix A-D): • Limestone or varying colors, sizes and textures; • Concrete -Architectural finish. Texture coated or textured and colored. • Masonry • Porcelain Tile • Galvanized metal panels or prefinished architectural metal panels of a neutrallearthtone color; • Painted siding of a warm, neutrallearthtone color; • EIFS or stucco of a warm, neutrallearthtone color; • Accent colors of a warm, neutrallearthtone range are encouraged but should be used in a limited manner; • Natural metals such as but not limited to zinc and copper; • Natural wood, stained or painted. • Roofing tile, metal shingles and panels, or slate in galvanized or naturallearthtone color. 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Build- ings may not incorporate glass for more than 70% of the building skin. 4. Metal Roofs. Metal roofs visible from grade are permitted provided that they are of architectural quality. The Director of Planning will determine if the metal is of architectural quality. C. Mechanical Equipment Screening: All mechanical equipment should be screened from view from pub- lic r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrubbery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). D. Parking Parking is allowed in front of a building if the parcel meets the following design standards: 1. Parking lots shall be separated from the street frontage by a fifteen foot (15') landscape area to reduce visual impacts. 2. The fifteen foot (15') landscape area shall begin from the Public Utility Easement (PUE). If an easement does not exist, the landscape area shall begin from the street right-of way. 3 . Large trees shall be planted every forty (40) linear feet within the fifteen foot (15') landscape area. 4. A minimum of three small accent trees clustered every thirty (30) linear feet within the fifteen foot (15') landscape area maybe substituted for the large tree requirement. 5. At least one or any combination of the following shall be used to help screen the parking lot: a. Xeriscape landscaping shall be planted within the fifteen foot (15') landscape area. Xeri- scape landscaping shall require water irrigation for a period of three years for landscaping to be established. After 3 years, no irrigation is required; b. A minimum three foot high continuous row of evergreen shrubs planted within the fifteen foot (15') landscape area; or c. A minimum three foot (3') high continuous wall made of any combination of wrought iron, masonry, stone within the fifteen foot (15') landscape area. If wrought iron is used, vines shall be grown on the wrought iron to help screen the parking lot. All parking areas must also comply with the landscaping requirements for Rayzor Ranch. Reference the Rayzor Ranch Landscaping Guidelines. Article 6 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District (RR1) A. Orientation 1. Buildings shall have their primary orientation toward the street or the parking area. The primary entrance must be readily apparent as a prominent architectural component and visible from the street or parking area. 2. Any ground floor wall which is within thirty feet (30') of the main street, plaza or other public 11 Rayzor Ranch Architectural Guidelines Version 1.5 open space shall contain at least 50% of the wall area facing the street in display areas, windows, or doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Walls facing side streets must contain at least 25% of the wall space in windows, display areas, or doors. Blank walls within thirty feet (30') of the street are prohibited. Up to 40% of the length of the building perimeter can be exempted from this standard if oriented toward loading or service area. 3 . At least 60% of the street frontage shall have buildings within ten feet (10') of the front property line. 4. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street, or and are not permitted between the building and the street. 5 . Buildings that are open to the public and are within thirty feet (3 0') of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours. 6. Developments shall have a minimum Floor Area Ratio of 0.3 only. Plazas and pedestrian areas shall count as floor area for the purpose of meeting the minimum floor area ratio. 7. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. 8. The top floor of any building rising over four stories will be contain a distinctive finish, consisting of a cornice or other architectural termination. 9. Building Scale. Balconies may project over the public right-of way, subject to an encroachment agreement issued by the City. 10. Parking areas shall be located behind buildings or on one or both sides. B. Building Materials: All walls facing street must contain at least 10% stone or masonry. Exterior finishes shall be wood, masonry, stone, stucco, HDO board, prefinished architectural metals, or other high quality material customarily used for the building style to support the ranch design aesthetic. Acceptable material and color palette (reference Appendix A-D): • Limestone-varying colors, sizes and textures • Galvanized metal panels or prefinished architectural metal panels of a warm neutrallearthtone color • Painted siding of a warm, neutrallearthtoneco/or • EIFS or stucco of a warm, neutrallearthtone color • Accent colors of a warm, neutrallearthtone range are encouraged but should be used in a limited, sparing manner • Natural metals such as but not limited to zinc and copper • Natural wood 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the j amb. 2. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Build ings may not incorporate glass for more than 70% of the building skin. 3. Metal Roofs. Metal roofs are permitted provided that they are or architectural quality. 4. Buildings shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of the exterior wall area. C. Streetscape 1. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be pavers, scored and colored concrete, grasscrete, or combinations of the above. 2. A building shall be setback not more than 15 feet from the right-of way unless the area is used for pedestrian activities such as plazas or outside eating areas or main walkways. 3 . Outdoor storage areas shall be screened from view from adj acent public right-of way. Loading facilities shall be screened and buffered when adjacent to residentially zoned land and public streets. D. Mechanical Equipment Screening: All mechanical equipment should be screened from view from public 12 Rayzor Ranch Architectural Guidelines Version 1.5 r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergeen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 7 Large Scale Development Regulations (RR3) Building design shall contribute to the uniqueness of the development with predominant materials, ele- ments, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified as necessary to comply with the require- ments of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a single user and located in a RR-3 district shall comply with the following standards: A. Orientation: 1. Architectural features on building facades that are visible from I-35N and West University Drive (excluding facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or indus- trial purposes) shall provide the following design features: (Refer to photographs in Appendix F). a. Facade walls shall not have an uninterrupted length in excess of one hundred feet (100' Facades to provide the following at intervals no greater than one hundred feet (100' ) excluding elements provided in Item d (Entryways) below: i. Color change, texture change, and material changes within the walls. ii. A change in wall plane no less than twelve inches (12") in depth extending a length of a minimum of twenty feet (20') and iii. Variations in the top of the wall of a minimum of two feet in the height. b. Top of walls shall also have overhanging eaves or horizontal elements, extending no less than three (3) feet past the supporting walls, or sloped roof elements, or cornice expres- sions or coping detail or minimum twelve inches (12") tall. c. Facades shall also provide at least one of the following: i. Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade, not to exceed one hundred feet (100' ii. Pilasters projecting from the plane of the wall by a minimum of sixteen inches (16"). The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged. iii. Canopies, awnings, or porticos projecting a minimum of six feet (6') from the plane of the primary facade walls. iv. Repetitive ornamentation including decorative applied features such aswall- mountedlight fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty feet (50'). v. Faux window/framed elements. d. Entryways. Each large retail establishment on a site shall have clearly defined, highly visible customer entrances. Stone is required to be used as a major portion of the wall material at each customer entrance. e. The building shall have a design element that emulates the Rayzor Ranch signature feature. This includes building materials and architecturally compatible light fixtures. This element should occur at an entryway. 2. Architectural Features on building facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for com- mercial purposes or industrial purposes should have the following elements: 13 Rayzor Ranch Architectural Guidelines Version 1.5 a. A pattern that includes all of the following elements at intervals of no more than one hundred (100') feet, horizontally. The following pattern is also to occur vertically at least once within the height of the building, above ten feet (10') height: i. Color change, texture change, and a change in plane, no less than 2'-8" in width, such as an offset, reveal or projecting pilaster with a stepped capital or coping. b. Variation in the top of the wall of a minimum two feet (2') change in height at maximum of two hundred feet (200') intervals. Peaks, arches, or other expressions of the front wall form are encouraged and should be used. c. Top of the wall to have a cornice or coping detail a minimum of twelve inches (12") tall. 3. Sidewalk display and cart storage. Areas for customer loading or merchandise shall be clearly de- lineatedand shall not be located in front of any customer entrances, exit door(s), or within fifteen feet (15') on either side of the door(s). 4. Permanent outdoor display, sales and storage. Merchandise maybe stored or displayed for sale to customers on the front or side of the buildings in accordance with this paragraph. a. The total square footage of all permanent outdoor storage, display, and sales areas shall be limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square feet, except for home improvement use, which may not exceed 45,000 square feet of out- door storage and the 10% footprint restriction does not apply. b. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within seventy-five feet (75') of residential property. c. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot (8') wall of columns minimum two inches (2') wide, of like appearance to the building with wrought iron or decorative tubular fencing between, and topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. (Refer to Attachment F) d. Seasonal outdoor display will be allowed. Size will be limited to ll, 000 square feet maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten feet (10') in height except for trees. 5. Rear Storage. Bulk merchandise maybe stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped buffer yard, in which case additional screening is not required. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to cus- tomers. Merchandise shall be stacked no higher than twenty-five feet (25') or level with the top of the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height of the chain link fence. 6. Wall and landscaped buffer yard. An eight-foot masonry wall of brick, stone, split block or con- crete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, ease- ments and drainage channels. If the large retail store property and residential property are sepa- rated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. 7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within one hundred feet (100') of residential property. Loading docks must be located to the side or rear of the building unless the loading area is com- pletelyscreened from the street, and loading docks shall be located more than one hundred feet (100') from residential property except for area by Greenway Drive which shall be seventy five feet (75'). Pavement may be located within one hundred feet (100') of residential property. 8. Trash Collection and Compaction. Trash collection and compaction may not occur within one 14 Rayzor Ranch Architectural Guidelines Version 1.5 hundred feet (100') feet of residential property and shall be screened from public view, except seventy five feet (75') at Greenway Drive. 9. Mechanical equipment. No mechanical equipment maybe located within one hundred feet (100' ) of residential property. Mechanical equipment shall be screened from public view on site. B. Building Materials: 1. Fronts and street sides of buildings, excluding windows, visible from the public right-of way shall benon-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO board or other high quality material customarily used. For purposes of this subsection non-reflec- tive means materials with exterior visible reflectance percentages less than 27 percent. Acceptable material and color palette (reference Appendix A-D): • Limestone or varying colors, sizes and textures; • Concrete -Architectural finish. Texture coated or textured and colored. • Masonry -not including smooth grey CMU. • Porcelain Tile • Galvanized metal panels or prefinished architectural metal panels of a neutrallearthtone color; • Painted siding of a warm, neutrallearthtone color in accent areas only; • EIFS or stucco of a warm, neutrallearthtone color; • Accent colors of a warm, neutrallearthtone range are required but should be used in a limited manner; • Natural metals such as but not limited to zinc and copper; • Natural wood, stained or painted. • Roofing tile, metal shingles and panels, or slate in galvanized or naturallearthtone color. 2. The use of ground mounted lighting or pedestrian level accent lighting is encouraged. C. StreetscapelPublic Spaces: 1. One square foot of Plaza or Public Space shall be required for every 10 square feet of gross ground floor area. Plaza or Public Space maybe located anywhere within Rayzor Ranch. 2. Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which maybe located anywhere within Rayzor Ranch: a. Sitting space - at least one sitting space for each 250 square feet shall be included in the Plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty inches (3 0") in width. Ledge benches shall have a minimum depth of thirty inches (3 0"). b. A mixture of areas that provide shade. c. Trees in proportion to the space at a minimum of 1 tree per 800 square feet. d. Water features or public art. e. Outdoor eating areas or food vendors. f. Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed, minimum of 15 gallons. (Refer to Appendix F) 3. Each freestanding, large-scale development building shall have a minimum of 100' sq. ft. seating area including permanent benches along the front sidewalk area. A minimum of one bike rack shall also be included along the storefront. Bench and bike rack should be of an architecturally consistent design. D. Mechanical Equipment Screening: 1. All mechanical equipment should be fully screened from view from public on the site or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrubbery or metal or wood screen wall system. Acceptable method for roof equipment is parapet height exten- sion or screening by slopped roof forms. Color or finish per acceptable material palette (reference Appendix A-D). 15 E. Accessory Use: 1. All accessory uses to a large scale development shall be architecturally compatible with the main structure. Article 8 Definitions Guidelines: Provisions which are not mandatory but, are provided in order to educate about design ob- jectives. Big Ham: Residential buildings designed for multiple residential units with ten (10) units or less, ex- cluding duplexes, either for rental or condominium ownership that are not multifamily. Multifamily: Residential buildings designed for multiple residential units with greater than ten (10) units. Ravzor Ranch: The comprehensive (mixed use/master plan) development which includes both the Rayzor Ranch Marketplace and Towne Center Overlay Districts. Standards: Provisions which are mandatory and must be followed. 16 APPENDIX A Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Durable veneer materials available within the region: stone, metal, wood are utilized in a meaningful and prag- maticway. Regional materials should be utilized when possible as their natural color palette harmonizes with this environment and their close proximity encourages responsible material resourcing. Native Texas quarried stone to have a warm, cream color and diverse range of color and finish. Wood (Cedar, pine, Douglas Fir), metals, masonry should be used to provide complimentary color and texture. Standing Seam and slate roof materials are appropriate for this aesthetic and should be utilized where the roof is the prominent component of the building massing. Example Material Applications . . .ti ~r"?'~~f ~r ~r ~r ~r ~r ~r ~r ~r ~r ~r ~r r.., r~ .x......... Limesto~ loc~....•:•~...~.rrrr:. { . ' . ' 'Wood Soffet .:x " .:x .:x .:x Textured Coated Concrete ..5. ,L ~ Y Y . . . . . Stan mg Seam Roof' ' " r.. . .............tive purp~' ~:losel~r•' 'tc~: ~i~a~::~olo~:ae "tf on. ~ i P-1 ,-4 Benjamin r • enjamin: jamin •enjamin ;Moore 110' pyre 1 ' 'ore 126 'oore 1239 r . . . 'xti{.'.'.'.'.'.'.'.'.' '.'~G{:' ' . . -g enjamin e~jami emec{; ; nemec oore ' ogre a T MT C-172 G169 ' 1 ~ Rayzor Ranch Architectural Guidelines APPENDIX A Example Material Applications (continued): Colors are for illustrative purposes. Colors shown will closely match final color selection. p-9 p-la p-11 p-1~ SW6062 SW6335 SW6041 Benjamin Moore OC-5 P-13 P-14 P-15 P-16 SW6158 SW6136 SW0009 SW6ll7 P-17 P-18 P-19 P-20 SW2831 ICI 204 ICI 524 ICI 602 P-21 P-22 P-23 P-24 ICI 515 ICI 1676 ICI 1337 ICI 1674 P-25 P-26 P-27 P-28 ICI 1675 Benjamin Benjamin Benjamin Moore Moore Moore HC-100 HC-105 AC-28 P-29 Benjamin Moore 1603 18 APPENDIX B Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Canopy and Shading Applications x ti . r. r. r. e . r . A r.l }x; rrti{: ~ ~ - •x.~. •:3 ~ . ~ xk . ti . • anopy x :k=.. N x Nx ti. ~ •r r• r~ r• ;{r. • r, r r r } } } ~ x ver ang ~r .i ~ ~ rl r...... . . •L• o ~~a :r.r ~ Arbor Trellis } .ti f { .i .~a 19 Rayzor Ranch Architectural Guidelines APPENDIX C Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Amenities S eciality Merchandisin Benches ~ ~ :k . r. . .ti - :.Y' - Trash Cans Y - ti, L' r• Y Planters r~ ~ ~ :I: rti . ~ - N• ~ : - • r. r.. . r.. 'Y.' 'YYYYYYYYYYYYYYYY 1 "Y r.. ~ :ti 'r ' •titi~ ~ f 'r ns Y•. •r . . . . ~ - Lighting - •xxxxxxx~:•:•:•:•.•.•.•. rrrrrrrr .5~ - - x ' 20 Rayzor Ranch Architectural Guidelines APPENDIX D Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Architectural Imagery :xxx .~xxxx.~: r r• r Utilitarian Materials ~r 'k I • . xxx .x . YYYY . ~.~.~x_.:x ~c •w~ -r r r xxx _ 'xk. r.. Functional Design r...... • rm ' mr ' w rm r Y r (r r~ ~ ~..V •..YYYti • wr::::.. • Y Y.... ~ ti.ti 21 Rayzor Ranch Architectural Guidelines APPENDIX E Rayzor Ranch Architectural Guidelines Example Architectural Imagery (Big Houses): 22 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples: }r }r }r }r }r }r }r }r }r }r }r }r }r }r }r }•}•}•}•}•}•}•y}•}•}•}•.•.•.•.•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}• K. .K. .K. f ~~yyy~ f } yr• ...ti .............................'}{}(r........... m~• w... r . . r ~J ~1 • 51 f•. 'r.. ,x r f.L. ti.f. r r L. .rl ••Y ti. r k. ~:a I :k .f....f .•~~xV VVV'.. y V. .yyyyyy~~. . Vfffffrf V V V V•' 'V "'V. VVVVVV4ti .V ' 1 _ ~ 5 L 1. • ••f ••tir x .I i ti, f' 'tir ..1 ~1 ~Y.:. r~.'i~ r•~. r.~•.~~~~til.~: 11 1 f' L ti ~ti 1r1 ~1 11 y. r• ~5 5 ~ 23 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): ~ ti. ~ r. i { M f .:.:.:...:..:.:.:.:.:.:~OvtrA000000000000000{xxxxxxx::.:.:.:AWGOxG0.-0v....:.:.:.:.:.:.:.:.:.:,AAS:::xsAt:::::.:.:.:.:.' ~trAvtrih:.:.:.:.:.:.:.:.: ::x~{.:::::.:.... . { ' •I ~ {~•-til.•r. ~~r ,•ti• ~ i ti v '~~~~V I ~~;r ti' Trf ti ~ i I y r '•n JR'. ti .1. tir 1. • Y • V. f~• ' 5 1 f } I r i -0^0^0^0^0^0^OOOfr/~{•/•fxxxx:::::::~S7S7SJS:':':':'YYYY____YYxx.:.:.:.:xxx :x :x :x :x :x :x :x :x ;fit: r i i r i ~f • ti .f i' • rrrrrrr •rr rr •v ti ~ ~y ~ rt. • rti • f S' ti. •i ~ y ;,r• ,f ~r .i - F 4r~•. • ~ r ti;~•; I~ y.~ ~ ~ i tir:. } f I. ti :ti, r 1 4 ~ fir... •f .titi r.r4 24 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): { { { f • ~ Y 1' _ ~ 1 I. ~x r i ~ ~ ~ r " •L . x x x x ~ •x ............................................~......................................................................................r• • r. r t• I ~ ~'1„titi r ,r ti. y .r ~•..~~-ti.~ OFF ~r 25 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): r x" V V V V V V V V r. JV\fYYYYY•!Yti'.' .'lYti'.' Y'. K } 1 r• .r r } yyF f' { r• r• :f { 1 . r 'r~ ti ' r•• r' rr ~ r x 'r ~ k~ •f~~ti.• r• kti r ti~ -vii ti;{. S1~ v'~r ~r r •r :ti.~{. 4 - jf • r • r r' . . r.• ~tii V ~ 1 • • 1 r. ..:r r• '•r17{~{:{ ~r rr ~rTM*'+*+*....... ~4+4+4+R f....•.~ ........::::::::::::::::'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'fYYY:':':':':'.'.'.'.'.'.'.'.'.'.'.'.'.' .'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'f KKK:'.'.'.'fYYYYYYYYYYYYYYYYYYYYYYY:'.'.'.'f~'X .f rKNK:. r r• r• ti ti •r r i• yy~ ti. r . rV VVVVVVV rV VVVVVVV NVVWLV V•• ti . rti r ti r y ~ ~f V+ 26 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): :::~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx . xxx f Vti tiS ..~V; tir .Y. .;5 ..ti .1. .r r 1 1 „~~I. r •1 ~ J ti ~ r 1' i r .r ~•x ti tirtir :r5~ ~ a:=ti.n.r I:~.r • 1 r~- 'r~ ' ~ 'S : ~'.f• 1 .fir{: . ~ ~51Y ~ ~ S :ti ti. ~ r r 1 ~ • ti } r YYYYYYY " "VVVVVVVVVVVVVVVVVVVYYYYYYYYY' YYYYYYYYYYYYYYY ' L 1~ V 11 ~nz. ti 1~'r.ti- f'•ti'.titir r:.l r.~ 4'rf J.ftir~ 1.51. ,i 1.•~ 11 ~C 1 L~L~~•. I . . r. • 1.1 27 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): ....:.........xxxxxxx xxrororoaxxxxx . x F r r y f Y •~^~Y' ti . f~ a'rti ~ .r~~~..rr ti VVti .fr ' rr~,`. f ti r. ....r~ • iii. r. ti ~ r Yr. 'rte .n~• r. •ti5i k }rI ~r .ti h-i~.: ti. .nv: YY • •r •r r a } } } } f f f f r r r r `.r Y Y• ti .iv ~'r S ti. ~ ti L _ _ r • ~rrr r.'.'~r-'•hr~-Y1'..:•f~ N. r .titi: }+C :+:k. r! SSi ~,ri ~r.' 28 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): F h..~ a { ~ •,f, 7$L~ •x: k . x ,x r r . S I V' •h r ti •r. r ti• r ti 'I • { I ti. ti• ti a .a rinr ..rn ~ I I ~ r• •I r .'..'.'r{~{r{ ~ararara...: . r7ir r. '~r ~tir~I W i 'ti 1 ti J4. ti .•~'rr ti ~ Y~ ti I Jrr~'f ~•kfr:~ti}~.r.. ~1}rv~~~1 .:f~~5 }r '..Y.~:ti~..=f'~'r:r~rf~.. 2J r.o.w. or public pedestrian spaces. Acceptable method for ground mounted equipment is evergeen shrub- bery or metal or wood screenwall system. Acceptable method for roof mounted equipment is parapet height extension or roof mounted metal screenwall system. Color and finish per acceptable material palette (reference Appendix A-D). Article 7 Large Scale Development Regulations (RR3) Building design shall contribute to the uniqueness of the development with predominant materials, ele- ments, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified as necessary to comply with the require- ments of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a single user and located in a RR-3 district shall comply with the following standards: A. Orientation: 1. Architectural features on building facades that are visible from I-35N and West University Drive (excluding facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or indus- trialpurposes) shall provide the following design features: (Refer to photographs in Appendix F) a. Facade walls shall not have an uninterrupted length in excess of one hundred feet (100'). Facades to provide the following at intervals no greater than one hundred feet (100') excluding elements provided in Item d (Entryways) below: i. Color change, texture change, and material changes within the walls. 11. A change in wall plane no less than twelve inches (12") in depth extending a length of a minimum of twenty feet (20') and 111. Variations in the top of the wall of a minimum of two feet in the height. b. Top of walls shall also have overhanging eaves or horizontal elements, extending no less than three (3) feet past the supporting walls, or sloped roof elements, or cornice expres- sions or coping detail or minimum twelve inches (12") tall. c. Facades shall also provide at least one of the following: i. Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade, not to exceed one hundred feet (100'). 11. Pilasters projecting from the plane of the wall by a minimum of sixteen inches (16"). The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged. 111. Canopies, awnings, or porticos projecting a minimum of six feet (6') from the plane of the primary facade walls. iv. Repetitive ornamentation including decorative applied features such as wall- mountedlight fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty feet (50'). v. Faux window/framed elements. d. Entryways. Each large retail establishment on a site shall have clearly defined, highly visible customer entrances. Stone is required to be used as a major portion of the wall material at each customer entrance. e. The building shall have a design element that emulates the Rayzor Ranch signature feature. This includes building materials and architecturally compatible light fixtures. This element should occur at an entryway. 2. Architectural Features on building facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for com- mercial purposes or industrial purposes should have the following elements: (Refer to photo- 13 Rayzor Ranch Architectural Guidelines Version 1.6 graphs in Appendix F) a. A pattern that includes all of the following elements at intervals of no more than one hundred (100') feet, horizontally. The following pattern is also to occur vertically at least once within the height of the building, above ten feet (10') height: i. Color change, texture change, and a change in plane, no less than 2'-8" in width, such as an offset, reveal or projecting pilaster with a stepped capital or coping. b. Variation in the top of the wall of a minimum two feet (2') change in height at maximum of two hundred feet (200') intervals. Peaks, arches, or other expressions of the front wall form are encouraged and should be used. c. Top of the wall to have a cornice or coping detail a minimum of twelve inches (12") tall. 3. Sidewalk display and cart storage. Areas for customer loading or merchandise shall be clearly de- lineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen feet (15') on either side of the door(s). 4. Permanent outdoor display, sales and storage. Merchandise maybe stored or displayed for sale to customers on the front or side of the buildings in accordance with this paragraph. a. The total square footage of all permanent outdoor storage, display, and sales areas shall be limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square feet, except for home improvement use, which may not exceed 45,000 square feet of out- door storage and the 10% footprint restriction does not apply. b. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within seventy-five feet (75') of residential property. c. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot (8') wall of columns minimum two inches (2') wide, of like appearance to the building with wrought iron or decorative tubular fencing between, and topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. (Refer to photographs in Appendix F) d. Seasonal outdoor display will be allowed. Size will be limited to 11, 000 square feet maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten feet (10') in height except for trees. 5. Rear Storage. Bulk merchandise maybe stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped buffer yard, in which case additional screening is not required. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to cus- tomers. Merchandise shall be stacked no higher than twenty-five feet (25') or level with the top of the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height of the chain link fence. 6. Wall and landscaped buffer yard. An eight-foot masonry wall of brick, stone, split block or con- crete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, ease- ments and drainage channels. If the large retail store property and residential property are sepa- rated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. 7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within one hundred feet (100') of residential property. Loading docks must be located to the side or rear of the building unless the loading area is com- pletelyscreened from the street, and loading docks shall be located more than one hundred feet (100') from residential property except for area by Greenway Drive which shall be seventy five feet (75'). Pavement maybe located within one hundred feet (100') of residential property. 14 Rayzor Ranch Architectural Guidelines Version 1.6 8. Trash Collection and Compaction. Trash collection and compaction may not occur within one hundred feet (100') feet of residential property and shall be screened from public view, except seventy five feet (75') at Greenway Drive. 9. Mechanical equipment. No mechanical equipment maybe located within one hundred feet (100') of residential property. Mechanical equipment shall be screened from public view on site. B. Building Materials: 1. Fronts and street sides of buildings, excluding windows, visible from the public right-of way shall benon-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO board or other high quality material customarily used. For purposes of this subsection non-reflec- tive means materials with exterior visible reflectance percentages less than 27 percent. Acceptable material and color palette (reference Appendix A-D): • Limestone or varying colors, sizes and textures; • Concrete -Architectural finish. Texture coated or textured and colored. • Masonry -brick or decorative CMU. • Porcelain Tile • Galvanized metal panels or prefinished architectural metal panels of a neutral/earthtone color; • Painted siding of a warm, neutral/earthtone color in accent areas only; • EIFS or stucco of a warm, neutral/earthtone color; • Accent colors of a warm, neutral/earthtone range are required but should be used in a limited manner; • Natural metals such as but not limited to zinc and copper; • Natural wood, stained or painted. • Roofing tile, metal shingles and panels, or slate in galvanized or natural/earthtone color. 2. The use of ground mounted lighting or pedestrian level accent lighting is encouraged. C. Streetscape/Public Spaces: 1. One square foot of Plaza or Public Space shall be required for every 10 square feet of gross ground floor area. Plaza or Public Space maybe located anywhere within Rayzor Ranch. 2. Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which maybe located anywhere within Rayzor Ranch: a. Sitting space - at least one sitting space for each 250 square feet shall be included in the Plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty inches (30") in width. Ledge benches shall have a minimum depth of thirty inches (30"). b. A mixture of areas that provide shade. c. Trees in proportion to the space at a minimum of 1 tree per 800 square feet. d. Water features or public art. e. Outdoor eating areas or food vendors. f. Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed, minimum of 15 gallons. (Refer to photographs in Appendix F) 3. Each freestanding, large-scale development building shall have a minimum of 100' sq. ft. seating area including permanent benches along the front sidewalk area. A minimum of one bike rack shall also be included along the storefront. Bench and bike rack should be of an architecturally consistent design. D. Mechanical Equipment Screening: 1. All mechanical equipment should be fully screened from view from public on the site or public pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrubbery or metal or wood screen wall system. Acceptable method for roof equipment is parapet height exten- sion or screening by slopped roof forms. Color or finish per acceptable material palette (reference 15 Appendix A-D). E. Accessory Use: 1. All accessory uses to a large scale development shall be architecturally compatible with the main structure. Article 8 Definitions Guidelines: Provisions which are not mandatory but, are provided in order to educate about design ob- jectives. Big House: Residential buildings designed for multiple residential units with ten (10) units or less, ex- cluding duplexes, either for rental or condominium ownership that are not multifamily. Multifamily: Residential buildings designed for multiple residential units with greater than ten (10) units. Ravzor Ranch: The comprehensive (mixed use/master plan) development which includes both the Rayzor Ranch Marketplace and Towne Center Overlay Districts. Standards: Provisions which are mandatory and must be followed. 16 APPENDIX A Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Durable veneer materials available within the region: stone, metal, wood are utilized in a meaningful and prag- maticway. Regional materials should be utilized when possible as their natural color palette harmonizes with this environment and their close proximity encourages responsible material resourcing. Native Texas quarried stone to have a warm, cream color and diverse range of color and finish. Wood (Cedar, pine, Douglas Fir), metals, masonry should be used to provide complimentary color and texture. Standing Seam and slate roof materials are appropriate for this aesthetic and should be utilized where the roof is the prominent component of the building massing. Example Material Applications x x x x N .x,;,........ ~ -t ~imesto loci......... x: r X r. r. r. r. r. t:.' . . ~tiv'rtiti{ }'tiff r ~ Wood Soffet x Textured Coated Concrete . Starring Seam Roof' " x... r . tive pu ; ~ loser:; xee t%on. . P-1 r -4 Benjamin • • ;jami jamin : enjamin Moore 11 'ogre 1 'ore 12~ oore 1239 r r r r r }0~{ : : }{gyp{ : . . . enjamin $enjami ~"'emec nemec oore Moore T MT C-172 $C-169 ~ ~ s 1 ~ Rayzor Ranch Architectural Guidelines APPENDIX A Example Material Applications (continued): Colors are for illustrative purposes. Colors shown will closely match final color selection. p-9 p-IO p-II p-IZ SW6062 SW6335 SW6041 Benjamin Moore OC-5 P-13 P-14 P-15 P-16 SW6158 SW6136 SW0009 SW6ll7 P-17 P-18 P-19 P-20 SW2831 ICI 204 ICI 524 ICI 602 P-21 P-22 P-23 P-24 ICI 515 ICI 1676 ICI 1337 ICI 1674 P-25 P-26 P-27 P-28 ICI 1675 Benjamin Benjamin Benjamin Moore Moore Moore HC-100 HC-105 AC-28 P-29 Benjamin Moore 1603 18 APPENDIX B Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Canopy and Shading Applications T Y 1pr ~ . .....xxx.. f xx r• anopy :r ti ver ang { Y ................rr ....••~~~gia............ ....r r r r ....r r r r ........T*~•.•.:.:......~ .:x . Arbor Trellis •x •x 'x x: is I~ 19 Rayzor Ranch Architectural Guidelines APPENDIX C Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Amenities S eciality Merchandisin Benches ti ~r x: ~ .I I r. ~ti ~ ti' Trash Cans ' a ~ } Planters is . . ...........YYYYY . . . . J' } }~ti'~ 1. I •x 'x 'x ~ :ti , r x :ns ~ x ....r...... .TY~... x • ' ~~r.'~Y. . Li htin ' .g. .g. x: xxxxxxx' ' v• - x: x: :i 20 Rayzor Ranch Architectural Guidelines APPENDIX D Rayzor Ranch Architectural Guidelines The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their structural systems are simple and engineering efficient utilizing the most economical materials available. Example Architectural Imagery xxxxxxx x xxxxxxxxxxx { Utilitarian Materials r ~ . : . :xxX~xXx x: r. N: :~x: - _ ,x- Functional Design ..r....... ......T... rrvvv•' ' rv•' rv• ' ' ' ' ' 5'x .fie x~Y ~ ~ X 21 Rayzor Ranch Architectural Guidelines APPENDIX E Rayzor Ranch Architectural Guidelines Example Architectural Imagery (Big Houses): 22 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples: :x r x x x ':~':~':~'xrxrxrxf. •.•.•.•.•.•.•.•.•.•.ti ...........•.~:~'r ..................:.:.:.....::xxxK::,:,:,:,:,::::::::::::'a'a'a,n.........~:~ i • ~ ~ x f x x x ~Tt:::::::::::::::~~~.... ~ h h h h...~~_ .~.~1...........~~ ~ ~...................................................................1~ , ' I~ i ~ a .i a ~ r ~ .T~ r Y ` # h h r r- ~ ~ , .i APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): ...m ~~~~........~~~~~~~~........~~~~................nnnn................................nnnnnnnnnnnnnnnnnnnn........nnnnnnnnnnnnnnnnnnnnnnnn................rr r.... ........:f . { ~ ~k:". 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APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): YYYYYYYYY ---r x: x:} x:} x: i i i r K:: ~ x: i f r. r. is :i x :.r: h. --~ti.- ti• • .7 • ~xJ, ~ r..... r - :k l x• ~ ~ • rYi • r rti .+(~r. ~ ' } f. x x x x 1 .1. i _ i V• F 5 ~ 1 iti ti xx x ' . , - xx . f• . r r . r •r •f . ~ ~ re-r .'i...•.r r ti APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): n... .......................................~......................YYYY~.. x. x. x. x. x. • - .......r• l~ i ~ ~ ~ • t • ~ 'r ~:r~.~ v~ti is .r •:a 1 . t ~ ~ ~k ~ i ~ i.. ~4 ~ i i ti:F 5i ~ r. ti. • r~h~•.. .5 k~~ •ri• f rkk' ~ r ~ ~ v. h r4•.. ti~~~ ■ ti i. i• ti' ~ ~ ~ ti•~ .ti• } ~....i ti f.•.•.~.•.•...•.•.....•.•........ } ~ ~ . ~ . ti~ •x: r• ,k: Y. ' ~ ~F . 4 .r - ti ~ .~:xr'. I'■ r . r . . ~ 26 APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): x: ~ x:. } x: x: } } } } ~E• .•~..~5a:_::_hhhrfloo-xoo-o~_~o-xaoo-x:::::::xxxaa_:: •x _ xK.•.:~K:~::.:.• _ _ . •.I ::x k J 1 ~ f •1 i I ~ a ti f 7S + ,f , ••ti '~T I ..II 1 r x: x: x: . . •~•~•~•~:~{~{r{ '.f~..:': r~•~•~•~'.'.'.'.•....... ..r{r{~{~{~{~{~{~{~{~{~{~{~{~{~{~{~{~{~{r.'...:~{~{~{~{xxxxxxxxxxx K ~{~{~{f::::::::::::::::':.. .................hhh~ {.:.:.:.. L ~ , ~ r . ~ ~ 1 I. ~ II r A: r 2 / APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): R.^ :~OOR^ "~GAVOVOVO{" . A~A~-0C'.'.'.'.'.'." K • • A-0{ K } } } } } } I - ~ K ~ , ~ _ ' 1 r .ti . '.k ~ ..r ..h.. .'7000C'. .'}000{'. r r ~.:r... ~~.ti.. :ti.i. rti titi. .ti r i .............iti Y~. . ~ I.Y.. _ ti . f...ri•i7h~..; } x:} ...VNrVVVVV •YY_........VWVWLYY :yY ..V Vtih__.............V V...__.... :::r _ ...._...VVVYYr r......... ••:::r r. r.........................__ .ti . ~ Y77 ti ••~~r ~r _ . ~ .1. titi. k ti .i, ..f.ti~ r,rti~. ,I K . L r ~ { ~ ' s•. . 2 V APPENDIX F Rayzor Ranch Architectural Guidelines Large Scale Development Examples (continued): - r y .'K• ..YYY• Y' •F. ~ti ~ ~ ti........... r. ti r .n. •r ti ti. k.~ ' ~ •.I• it ~ . ~ : i.ii .......................:XXXY:':':'::.:.:.:.'............ ...............................:XXXXKXXXXXXkr.r.r.r{f. r r' r ~r titi ti . ~ .Y i; I~ i{ ~r r ~ ~ f'.. .ti ti ..~ti r:. . ~ •ti. ~ rti~Fti rr r r ~ ti4 ti v ~ ~ • L,••{+r~ ti ~•Yk' ti. 'r Ir 4 i •A 29 Architectural Guidelines Elevations for RR-1 and RR-2 x . } { _x.......*.. x:. hh :....::x.:::: _...........m. • x M. :....x~ t.... } } ........__........................__.......................................................................xxxxxxxox:.:.::: ..............W. ........vvvv v ...v x xx K...::~xxx xxxxxxx~xxxxxxxx xxx xxxx»»•,......... . x x :x :x :x :x :x :x• :x :x•x .x•x x•x x ~ ~ :•r xxx ' '~ti':':~:~:~:~: r :.:.y: . t.: _ • v.. ..................•.•.•,i •.•.•.•,2~2~2~2: ~'xw,a,.,.#txi~".:. t.:. f t.:t .f.. t.. t.• • t .x~,....:•.•..... hhhhhhhhhhhhhhhhhhhhhhh x . . .x'.'f:'xL'x:':':':'%:'YY:'%:':':':':':'xx .'.'f f.'.'f , , . nnrrrrrrnn F %%%xnnnx%%%::::::::::::::::::::::::::::::::.........':':':'::.:.:.:.:.:.:.:.:.:.:.: k k k k . k: . . k: ~•y 4 i hhhhhhxhhhhhhhh.. .......hw'xn ................~~~~........h.......: " . { { { ::x ::x ::x ~ vvvvvvvvvvvvvvv vvv , fvvvvvvvvvvvvvvv•,•,•,•fvvv•,•,•,•fvvvvvvvvvvv•,•,•,•,•,•,•,•fvvvvvvv ~~~~~~~aee~xvx~•~~x xxxxxxxxxxxxxxx .~~~~~~~~~~~~•.•...°°°~xxxxseaeaeaexxxxxxxxxxxxx xxx~°°°~xxxx~°°°~xxxxxxxxxxxx~°°°°°°°~xxxxxxxx~ k ..........'.'.'.'.'.'.'.AIX: Y. ]S:. ' xC'.'.'. 'x.'.'.' :::::AWC.. ....Y.'.'.'.'.' :7PP' ..::79WW07L::::::: AC :Kt 'k~ K: .:x .:x .:x ::x ::x ::x ::x r ' 'f~~ ':~:r h I ~ ~ i DRAINS TO ~ ~ , NORTH LAKES ~ ~ ~ PARK (SOUTH _t_ ~ ~ ~ ~ POND) I .J 1~J ~ Y I I ~ ~ , U.S. 3SQ/W. UIYIVEFcSI'f Y 6kIVE X75 A~~ i ~ ~ ~ ~ ~ 0 r SCRIPT[TRE STREET N LEGEND E DRAINS TO NORTH LAKES PARK S (SOUTH POND) GRAP]H~C SCALE 600 0 300 600 1200 NOT APPLICABLE - DRAINAGE DIVIDE ~ IN FEET ) Scale: AS SHOWN Designed by KHA D RA I NAG E A REAS RAY Z O R RA N C H ~ Kimley-Horn Drawn by: KHA I.H. 35 & UNIVERSITY DRIVE ~ and Associates Inc. Checked by: KHA ~ EXHIBIT DENTON,TEXAS ( ~ Dote: 127D0 Park Central Drive, Suite 180D iel. No. 972 770-1300 ()atlas, Texas 75251 Fax Na.(972)239-3820 Project No. 064012001 File: G:\CIVIL\64012001\Dwg\Exhibit_Zoning_Exhiblt_DRAINAGE AREAS EXHIBIT.dwg [1] 2/26/2007 2:58pm Xrefs: xaerial XROADWAY x1-35 xasbuilt xbtly xdam X2436 Images: EXHIBIT F Rayzor Ranch Overlay District Water Quality Protection Plan Requirements 1.0 Purpose for Water Quality Protection The storm water runoff from approximately 200-acres of the proposed 400-acre Rayzor Ranch Development will drain directly into the North Lakes Park Pond on the east side of Bonnie Brae Street. The park pond has a normal dry weather surface area of approximately 21.3 acres, and provides flood control for Pecan Creek. This park pond also provides local fishing and recreation for Denton residents. Pollutants in urban runoff can include floatables (plastics, Styrofoam, paper, litter, and wood), oil and grease, sediments, nitrogen and phosphorous, heavy metals, and fecal coliform bacteria. Therefore, the urban runoff from the proposed Rayzor Ranch Development has the potential to adversely affect the watershed and the water quality in this pond. Because the pond functions as a detention basin, any untreated pollutants would be captured and stored in the pond, which could create visual pollution, degrade water quality, and adversely affect the aquatic habitat within the pond. Over time, the fishing resources and recreational benefits provided by the pond could decline. Storm water quality structural controls and management practices, if properly incorporated and maintained as a part of the Rayzor Ranch Plan of Development, could significantly reduce the negative impacts to the park pond caused by urban development. 2.0 Storm Water Quality Management Requirements The North Central Texas Council of Governments (NCTCOG) has published the Integrated Storm Water Management Design Manual (iSWM) which provides an integrated planning and design approach for addressing water quality protection for urban runoff. The iSWM methods that address urban Water Quality are required for the area of the Rayzor Ranch Development (site) that drains into the North Lakes Park Pond. A Water Quality Protection Plan that provides storm water quality controls consistent with the iSWM is required for the Rayzor Ranch Development in order to minimize adverse impacts to the Park property and to preserve and protect the park pond resource for the citizens of Denton. The total pollutant removal efficiencies for each storm water quality control system used on the site (at the outlet) shall be as follows (derived from iSWM): Total Suspended Solids = 80 Total Phosphorus = 60 Total Nitrogen = 50 Fecal Coliform = no reduction Metals = 80 In addition to the iSWM removal efficiencies, Trash Removal Efficiency (all floatable objects) = 95 % by volume Rayzor Ranch Page 1 of 6 Draft No. 2 Water Quality Protection Plan , 2007 2.1 Water Quality Protection Volume The iSWM approach to control pollution from storm water runoff treats a specified Water Quality Protection Volume (WQv) from each site or sub-area to reduce the percentage of post development pollutants. The rainfall analysis for iSWM determined that 1.5 inches of rainfall is the average depth corresponding to the 85th percentile storm for the NCTCOG region. Therefore, the runoff from the first 1.5 inches of rainfall on the watershed area is the WQv to be treated onsite prior to release into the North Lakes Park property. A storm water management system designed for the WQv will treat the runoff volumes from all storm events of 1.5 inches or less, as well as a portion of the runoff for all larger storm events. The WQv is directly related to the amount of impervious cover, and will be calculated following the methodology in Section 1.2.3.1 of the iSWM Manual. The site drainage analysis shall identify hot spot land uses (parking lot areas, service stations, trash receptacle areas, loading zones, etc.) with high pollution generating potential, and provide details of the proposed structural ornon-structural storm water controls showing how the runoff from these areas will be collected and treated prior to release into the storm drainage network that directly discharges into North Lakes Park. Drainage area diversions to reduce the WQv will not be allowed. 2.1.1 Water Quality Volume Reduction Methods The use ofnon-structural storm water control practices is encouraged provided that the proposed approach to reducing impervious cover is not in conflict with the City's Development Code, Design Criteria Manuals, or the City Fire Code. The required WQv to be treated maybe reduced using the "volume reduction methods" as presented in Section 1.2.3.2 of the iSWM Manual. Documentation (site plan or plat showing the area specified or reserved to allow the reduction in WQv) and calculations for WQv reductions will be submitted to the City for approval. The Denton Development Code requires stream buffers, and only stream buffer areas exceeding the requirements in the Denton Code can be used for WQv reduction, 2.2 Site Design Credits Site Design Credits are not computed or used in the City of Denton. 2.3 Primary Structural Storm Water Controls Primary Structural Storm Water Controls have a demonstrated ability to treat the WQv and remove 70% to 80% of the annual average total suspended solids (TSS) load in typical post-development urban runoff when designed, constructed, and maintained in accordance with recommended specifications. Structural storm water controls are required for the treatment of all hot spot areas that will drain into North Lakes Park. Table 5.1.2-1 in the iSWM Design Manual will be used to provide the design removal efficiencies for each of the possible control practices. Where the pollutant removal capabilities of an individual structural storm water control are not deemed sufficient for a given site application, additional controls may be used in series in a "treatment train" Rayzor Ranch Page 2 of 6 Draft No. 2 Water Quality Protection Plan , 2007 approach. These devices may also serve as pretreatment devices removing the coarser fraction of sediment. One or more downstream structural controls are then used to meet the full Primary TSS removal goal. 2.3.1 Recommended Storm Water Quality Control Practices Storm Water Quality Control Practices are described in Section 1.4.2 of the iSWM. The following practices maybe considered for this development. The identification of potential siting locations, screening, and selection of appropriate structural storm water controls is the responsibility of the engineer. Methods identified for consideration will only be considered which are expected to have a reasonable success rate, considering the site-specific soil conditions and topography. Onsite soils on the majority of the site were identified as Types C and D (high clay content) which provide limited opportunities for overland flow filtration zones for rooftop or pavement infiltration. Table 5.1.3-1 Structural Control Screening Matrix in the iSWM Design Manual shall be used as a guide to determine the removal efficiencies for the selected control practices to be utilized. Either individual, on-site structural storm water controls for each lot in the development, or a few strategically located regional storm water controls in each sub- watershedmay be used for controlling storm water quality. The developer shall finance the design, construction, and maintenance of the controls. Bioretention Areas Extended Dry Detention Basins: 1~lulti-Purpose Detention Areas: Filtration Filter Strip Organic Filter Planter Boxes Surface Sand Filter /Permanent Sand Filter Underground Sand Filter: Gravity (Oil-Grit) Separator: Ponds: Storm water ponds are constructed storm water retention basins that have a permanent pool (or micropool) of water. Runoff from each rain event is detained and treated in the pool. Micropool Extended Detention Pond Multiple Pond Systems Wet Extended Detention Pond Wet Pond Proprietary Structural Controls Rayzor Ranch Page 3 of 6 Draft No. 2 Water Quality Protection Plan , 2007 Proprietary controls are manufactured structural control systems available from commercial vendors designed to treat storm water runoff and/or provide water quantity control. Water Reuse Rain Harvesting (Tanks/Barrels) Rain harvesting is a container or system designed to capture and store rainwater discharged from a roof. Storm Water Wetlands Storm water wetlands consist of a combination of shallow marsh areas, open water, and semi-wet areas above the permanent water surface. Extended Detention Shallow Wetland Pocket Wetland Pond/Wetland Systems Shallow Wetland Submerged Gravel Wetlands: Infiltration Trenches and Soakage Trenches maybe considered if the soil percolation rates determined from onsite testing shows these practices can be successful. 2.4 Inspections and Maintenance The Water Quality Protection Plan required in Section 3.0 shall include a description of maintenance tasks, frequency of maintenance, responsible parties for maintenance, funding, access, and safety issues. The use of storm water ponds, wetlands, and extended detention basins shall require the submission of an operation and maintenance plan that addresses the potential for mosquito breeding in the treatment zone, and provides a contingency plan for controlling mosquito breeding using larvicides such as BTI or equivalent. A water balance calculation is required if a permanent wet pond utilizing fish for control is proposed by the developer. 2.4.1 Inspections Annual inspections of storm water management facilities shall be conducted by the drainage maintenance entity established for the Rayzor Ranch Development, and an annual report documenting the inspection and results shall be submitted to the City. Where chronic or severe problems exist, and the owner does not provide maintenance and repairs, the City of Denton will have the right but not the obligation to remedy the situation and recover the cost for the work from the property owner. This authority shall be established on the final plat document. 2.4.2 1~laintenance All water quality protection facilities shall be maintained by the property owner or maintenance entity established for that purpose. Rayzor Ranch Page 4 of 6 Draft No. 2 Water Quality Protection Plan , 2007 3.0 Submittals Schedule for Water Quality Protection Plans To provide for site areas to be specifically designated for structural storm water controls, these areas are required to be identified on General Development Plans, Preliminary Site Plans, Preliminary Plats and Final Plats. These areas shall be reserved as drainage easements on the Preliminary and Final Plat. Drainage easements shall be provided for all structural storm water controls with contributing watershed areas of 3 or more acres. Easements may also be provided if the contributing watershed area is less than 3 acres. Storm water structural controls for small sub-watershed areas may also be incorporated with site landscaping areas (multi-purpose areas). Drainage easements are not required for multipurpose areas if the watershed area draining to the multi-purpose areas does not exceed 3 acres. All drainage easements designated for structural storm water controls will be contained within platted lots. General guidance for the preparation of conceptual, preliminary, and final Water Quality Protection Plans (iSWM site plans) are provided in Sections l .l .3.5 through l .l .3.7 of the NCTCOG "Design Manual for Site Development, Review DRAFT, October 2005. The iSWM site plan shall also include a narrative description of the overall storm water quality plan for the site, and provide a description and details of the structural storm water controls inmulti-purpose areas that are not be designated as drainage easements. 3.1. General Development Plan Approval will not be granted for any development until the City of Denton has approved a conceptual iSWM site plan. 3.2 Preliminary Plat Approval will not be granted for any development until a preliminary iSWM site plan that includes dedication of drainage easement areas as necessary to construct storm water controls has been approved by the City of Denton. 3.3 Final Plat Approval will not be granted for any development until a final iSWM site plan for all stormwater treatment areas involving easements has been approved by the City of Denton. This final site plan shall include a concept plan that contains WQv calculations for any storm water controls that are not a component of drainage easements specified in Section 3.2. 3.3.1 Regional Storm Water Control Areas If a "regional" structural storm water control area will be designated to serve separated or multiple lots in the development a Water Quality Protection Plan that satisfies the requirements of Section 2.4 will be submitted to the City for review and approval. The Water Quality Protection Plan shall include provisions for funding the Operation and Maintenance activities following construction, and a sample form for the annual inspection reporting function. A Final Plat that relies on the "regional" storm water control area for storm water quality control will not approved until the iSWM site plan and the Water Quality Protection Plan have been approved by the City. Rayzor Ranch Page 5 of 6 Draft No. 2 Water Quality Protection Plan , 2007 3.4 Clearing and Grading Permit will not be released for any development until a final iSWM site plan (including ALL storm water controls) and a Storm Water Pollution Prevention Plan (SWPPP) has been approved by the City of Denton. 3.5 Building Permit Structural storm water controls inmulti-purpose areas (not within designated drainage easements) will be designed and detailed either as a part of the site grading and drainage plan, or on a separate iSWM Site Plan that will be submitted with the application for a Building Permit. A Water Quality Protection Plan shall also be prepared by the developer and submitted to the City for review that satisfies the requirements of Section 2.4, and includes provisions for funding of the Operation and Maintenance activities following construction, and a sample form for the annual inspection reporting function. A Building Permit will not issued until the structural storm water controls and the Water Quality Protection Plan have been approved by the City concurrent with the site grading and drainage plan and the Landscaping Plan for the development. Rayzor Ranch Page 6 of 6 Draft No. 2 Water Quality Protection Plan , 2007 ~~vEla~,®,, ~ 3 ~ ~ ~ ~ ~ 90ILZIZ ~ ~a~®&4SP~o9 slmeazae`z ~e~ ' dal aZa YlZ ®~Id ~ 00'YZ900Z ,nii ~ ~i IOZSG b'~II@® I ~ ■ I~ ' ~ 'I ®OS6 aSnd \ v ~ r ■ >IE-N~j SoZ II~P~:A14~86 ue d I u ulo uois~an aaaa ~ 1181HX3 ■ 3~d~dl~~i~l11W ~ N M ~ u7 f0 t` aD 07 ~ ~ r ~ ~ \ f 6 F- ~es~~i F _@~g `S~ E S~ ~ag to ~ L~P~~~~ d g Se W' Sys!' F` Ct.y 9~ ~~i r ~ 0 ~g.~s s ea~g~~ E 9s~ ;~~,g=~~ ii iia a€az~a PEa~a_ ~ a a 1:. I 'a ~ /u ~ ~JIJl51 O O ~i t Z I ~I I Z w ~ a 0 ~ ~ ~ W ~ ~ Im F 1 J J 1 ~ ~1 ~ M r n o 3 N O N R Ow Y ~ Y 0 a ti~ m ~ ~ i _ ~ ,1 1 ~ - T I N ~ 11115 2 U T ~ 2 15 1 a w Q U I QH~ Z r W 11 LLi, V u V V ~ ~Y ~ T LL ~ _ LL T rr~ F 3 ~ N e IIA W N ~ 1111 w ~ ~ 0 N ~ W ~ ~ ~ 0] O I Z ? z ~ ~ ~ r r W ~ ~ W 3 0 ~~r r J w z 0 m o U m ~ U Z 1 i z 0 00 Y ~ ~ Q m w ~ ~ ~ a m Q 1 w a ~ ~ I Y ~ P ~ ¢ fall U Q n / ~ I~StP'~ Q 1` J~~/ ~ N M ~ ~[Y f0 r aD 07 ~ ~ r ~  Exhibit H Page 1 From: "Randy Holcombe" <rholcombe@allegiancedevelopment.net> To: "Linda Ratliff" <Linda.Ratliff@cityofdenton.com>, "Robert Tickner" <Robert.Tickner@cityofdenton.com>, <emerson.vorel@cityofdenton.com> Date: 1/4/2007 7:19:50 AM Subject: North Lakes Park Capital Improvements Thank you for your time on the 21st. We have reviewed the plan for Northlakes Park internally, and while we would like to be able to fund the entire capital improvement program, our budget is just too tight given the significant landscape and architectural standards for Rayzor Ranch. However, we are willing to commit $250,000 towards the park in connection with our detention request. We believe that this will be sufficient to fund trails A and B, and potentially, the 30x60 arbor / pavilion (without restrooms). As you know, we have also committed to providing connectivity between North Lakes Park and McKenna Park via a "trail" along Bonnie Brae. Thanks again for all of your time and we hope that this meets with your approval. Best Regards, Randy Randy Holcombe, CCIM, CLS Executive Vice President - Retail Allegiance Development 14881 Quorum Drive, Suite 950 Dallas, Texas 75254 214.389.8043 office 214.361.7104 fax 214.207.7899 cell CC: "chuck russell" <chuck.russell@cityofdenton.com>, "Brian Lockley" <Brian.Lockley@cityofdenton.com>, "Joe Gampper" <JGampper@allegiancedevelopment.net>, "Charles Ames" <CAmes@allegiancedevelopment.net>, "Glenn Fuhrman" <gfuhrman@allegiancedevelopment.net>, "Kedron, Suzan" <skedron@jw.com>, "Salvador Impastato" <simpastato@mesadesigngroup.com>, <Chris.Frysinger@kimley-horn.com>, <pjones@omniplan.com> North Lakes Park South Pond area Proposed trails and recreational amenities ex ansion Proposed Existing Trail Picnic Shelter Camp Center Trail B, 2,700 LF ~~~i Trail A, 3,750 LF Proposed Parking lot ~ I - ~ - - ~ I - - y I ~I , _ ~ - ~ iJ,~. _~,tl%t~~, Li~~~'Ei~SITS I?I~i~a~~. ¢i a 1 ' ; w y I I~ 1 °v r w x i` 1, 1 p~C t ~ ~ ~ x I, ~ ~ 'I 1 ~ ~ ~ ~ ~ 1 , 'A ' x 9 1 ~ - ~ ~ ~ ~ 10 FT'. HIKEBIRE PATH ~ ~ ~ ' ~ D ] 0 F1. HIKbIBIKE PATH D ~ ~~~x a~ ~ ~ r x 0 ~ ~ I® ~ ~ ~~~c~~~~r r~i=~~~ ~ zl m w w ~~I ~I . N m ~ ~ ~ a LIiEi°~' I3I~f~;'E m r ~ ®I ~ ® 0.i ~ I i i W Kimley-Horn ' and Assoaates Inc ~ ~ ~ ~ ~ ~ CIVIL ENGINEER I ~ ~ P~t'd1i_A:I~rJt,b;~TF~.E'I' l 12700 PA SU TE S00 L DRIVE DALLAS, TEXAS 75251 ~ ~ ► ~ (972) 770-1300 ~ ' BIB PATH - FAX (972) 239-3820 S H~ www.klmley-haracam , ~ x ~ ~ ~ a 4 1 LEGEND ~ ~ f I ~~tw~~~~ ~ I~~7 ~ ~y~ TYPE IROAD - PUBLIC (61.38) r B ~ ~ ~ I ONE OR TWO WAY W/PARALLEL PARKING ~ y l i ~i ~ OEWAY UNDIVIDEDTW1495° ANGLED PARKING ~ W I TYPE IIAROAD - PRVATE (89-52) TWO WAY UNDIVIDED W/45° ANGLEDAND PARALLELPARKING TYPE IIBROAD -PRIVATE (125.86) ~ S~IP`j'~JI~1= S'I'R~T TWO WAY DIVIDED W/45° ANGLED PARKING j TYPE IIC ROAD • PUBLIC (91.54) TWO WAY UNDIVIDED WIPARALLEL PARKING ~ ' -I ~S TYPE IIDROAD -PRIVATE (81-04) ~ TWO WAY UNDIVIDEDWIPARALLELPARKING ? ' ' TYPE III ROAD- PRNATE & PUBLIC (57-24) TWO WAY UNDIVIDED TYPE IV ROAD- PUBLIC & PRIVATE (78.36) TWO WAY, THREE LANE DIVIDED TYPE VROAD -PUBLIC (106fi2) TWO WAY DNIDED WIPARALLEL PARKING TYPE VA ROAD -PUBLIC (100.48) TWO WAY DIVIDED TYPE VI ROAD-PUBLIC 8 PRIVATE (126.72) TWO WAY, FOUR LANES AND TWO LANES ON OPPOSITE SIDES DIVIDED TYPE VII ROAD -PUBLIC (62.36) TWO WAY UNDIVIDED WI CENTER TURNING LANE (MODIFIED VERSION OF CITY OF ~ F OENTON RESIDENTIAL AVENUE, FIG. I.1-A-13 ~ ~ ~ ` IN TRANSPORTATION CRITERIA MANUAL) TYPE VII ROAD -PUBLIC (64-36) TWO WAY UNDIVIDED WI CENTER TURNING d LANE (MODIFIEDVERSIONOFCITYOF DENTON RESIDENTIAL AVENUE, FIG. I.1-A-13 INTRANSPORTATION CRITERIA MANUAL) GENERAL HIKE AND BIKE PATH (WITHIN GRAPHIC SCALE THE ROW EXCEPT ALONG 80NNIE BRAE) 250 0 I]5 ]50 500 STREET PORTIONS DESIGNATED PUBLIC NOTE: AT INTERSECTIONS, BTREETSECTIONS WILL BE MODIFIED TOINCLUOE ([N FEET ) TURN LANESAS NEEDED. I inch = 250 ft. Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive I Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [STREET SECTIONS ZONING PACKAGE] 1 40pm o~vnomz onza A n O~On~C OOA~ I A~~Am~ yin ~nkny~ onto ~ U^~p Z~my CrnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~A~ mn cn~o ~ ~ o0 o~~Ano 2oa~ r~m`~Z ~~mC 2 17 ~Iy~~ ZQ~~ n mn nog m ~I~,~ non A mA ~ ~ ~ vi O n k ? 2 STREET EASEMENT N ~ ° Ins D ~ IAO ~ I~~ 4 ~ 1 ~ 1 I ~ o ~ TREE ~ m ~ w o ~ o cn m s ~ X11^ / R.O. W c A nrn ~ C N ~ ~2 o~ AO ~m ~ O U A D a r ~ ~ z A ~ ~ TREE ~ ~ ° ~ o m . ~ o . ~ C .1 ~ ~ ~ A m ~ i ~ ~ c ~P' n A 47 Z ~n ~ ~m 2 ~ ~ ~ A Gl r ~ y r O ~ yy ~ ~ ~ yy Y aA o ~ r~Oro 0 aA o n r~Om C~ m ~~tb7n~ o m m~t~n~ ~ ~ZZro ~ZZb dp m ~a0~ ma0~ 0 ~ ~ ~ ~ ~ y ~ A m h ~ ~ ~ ~ o ~G70~ ~Cro ~ o N~O~ u m ~ f^ Ord a b1 0v1 ~ a z9 2 ~ xz'Qii~" n ~ xz~~' 0~ ~ ~ m px ~ m px ~N nA r m bm nA o A ~Q m~ o o ~ ~v m~ ~ o a n ~ n z o o , ~ ~rn n _ AAA ANZ N 2ro yG~ ~n r O T Ui n ~ n • c nZ r ~ A z m o ~ ~ A o ~ TREE ~ m N c ~ , ~ m n ° ~C~ n~ ti~ r ~ AO ~C A ~ n1 U o v n ~n m ~ r R.O.W. c m A C W ~ m o A ~ a ~ TREE _ A ~ a U ~ ~ ~ ° n~ ~o Igo ~ ~m STREET EASEMENT J Kimley-Horn and Associates, Inc. CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KHA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive 2 Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [I - II] 1. 42pm o~vnomz onza A n OA O(Zj00 OOA~ IAO~Am~ yin ~nkny~ pn~p ~ Amp ZAi'1y OrnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~n A ~ g n ~ n p p STREET EASEMENT cn o o~~Ano IoA~ I~A2~ OA~~ u1 Ian r,2 nOA Z pN AO ~ n pmn m A non A mA p ~ ~ ~ ~ ~ ~ ~ ~ A n n ° ~ ~II k Z 2 1 T, cn ~ TREE _ o r' o m ~ ~ ~ / ~m ~2 m n ~ STREET EASEMENT r An nZ I o~ Z ~'1 n~ m O n r ~o .,IIq n a AO . I r ~ cmn m m o m ~ ~ TREE ~ ~ o - • m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m / cw o ~ ~ ~ m~ A A C ~p C Z N n . ~ o m m ~ r ' n A, s ms m m / ~ ~A / n r n N . O ~ I ~n n m I o ~ A n $ O 2 N . 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CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive 3 Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tzoNU. = STREET SECTIONS. dwg [I1A - IIR] 2/2]/200] 12 4Jpm o~vnomz onza A n O~Onp~ OOA~ IAO~Amm yin ~nkny~ onto ~ U^~p Z~my ~rnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~A~ mn cn~o ~ ~ po o~~Ano 2oa~ r~m`~Z ~~mC 2 17 ~Iyp~ ZQ~~ n mn nog m ~I~,~ non A mA ~ ~ ~ vi O n k ? 2 STREET EASEMENT R.O.W ~ ~ or Ins ~ p. ~JO D O Ao ~ ~ ~m W r" N sue' ~ ~ ~ cn <1 `~11 m o ~ TREE ~ m o ~ 7REE ~ 1 ~ m N A ~ ~ ~ A o o ~ o ~ A ~ C ~ Cm ~ Cp. ~ 2 A X14 07 Z . I nn ~m RDp. ~A ~ ~a`D ~A Z~' ~.r r D Zr ~.r p~ r0 ~ ' 0 p 9 0 nAC~ m ~ nAw m t'Otde m t~ ~ro ~ ~ y~~~~ D~~ m ~~o~ ~O ~ ~ ~ ti ~ ~ d m p t~m~ G~ tn~d'~ ro~ro n ~ ~~Ci ~ro n p• Oroz~ ~ ~ om°z~ ro~ m ~ your o H r ~ o z ~ ooh ~ z Z txnzo~ Oa ~ m ~z~0 ~ m m 0~ ~ rp y m 0 C"A rp ~ z nA , m H,~ ro° nA _ ~ 0 Z~ W A ~ ZS 4 A m~0 OO H ~ 1 ~ m~0 O ~ o n v A ~ n I n 2 D ca C m: iv A y co rv ~~,q mZ ~ zoo m2 ~ or -(A '(A (n pr N m~ m~ ~ ~ TREE _ ~ t ~ ~ TREE } ~ c~~i~ ~ acn m oo r _ P N U ~ ~1v ~1V ~ ~ ~ ~ o a, o ~ IAO a ~ m~ y 'Op ~ m ~ r R.O. W. STREET EASEMENT J Kimley-Horn and Associates, Inc. CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive 4 Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [IIC-I10] ...43pm o~vnomz onza A n O~On~p OOA~ IAO~Amm yin ~nkny~ onto ~ Ump Z~my prnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~Ap mn ~np ~ ~ o0 o~~Ano 2oa~ r~m`~Z ~~mC 2 17 ~Iyp~ ZQ~~ n mn nog m ~I~,~ non A mA ~ ~ ~ vi O n k ? 2 ROW IF STREE7IS DESGINATED PUBLIC) o Co a r m o vm, m d A ~ ~ TREE ' ~ R.O.W. IF STREET IS DESIGNATED PUBLIC) ~ ° p m ~ _ ~ EE TREE A Cm ~ ~ m o ~N ~ N ~ co o a ~ a ~ ~ m o A ~ m a ~ ~ A ~ m ~ ca ~ p ~ a A c ~ em ~2 ~ ~2 ti ~A -~(A ~ n ~ v n Z° r ~ ~~~tn u p as o r ~~Om ~ s ~~s ~ o ~ n o~ ~ ry~Zi m 7~ c~i myi M ~O ~p ~2 ~ ~ ~yo~ C~q ~ ~ ~ ~a~~ bi o ~n ~~d~ .d[zye p V m ~ Oh~~1Na .O [a ~p O~i~a n m ~ yOP~ p y~P~ tdC ~ ~ ~zOG1 :Gb ~ ~z~x C7 _ ~ z W < m J 11~ ~ o O .j p O n r? ~ O r ~ a Z m o U C ~ ~ W A C m ~ ~ ~2 m\ ~ ~ ~ a \ ~ vn A cn r C r I O 2 N Co r p ~ r ~O a C ' m ~ 2 ~Z ~ ~ P Cn r ~ ~ cn ~ TREE m m A ~ ~ TREE _ m R.O.W. IF STREET IS DESIGNATED PUBLIC) 0 0 m C U7 ~ ~ n~ D 7,70 ~ ~ m ROW OESIGi~IA TFb 1C) J Kimley-Horn and Associates, Inc. CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN SHEET Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive 5 Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [III-IV] 12 44pm o~vnomz onza A O O~OnO° OOA~ IAO~Amm yin ~nknyp pn~o ~ Um0 ZAmy OrnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~nAO mn ~n° ~ ~ o0 o~~Ano 2oA~ r~m•~Z ~~mC 2 17 ~Iy°A ZO~~ n mn nog m ~I~,~ non A mA ° A ~ vi O A n k ? 2 R.O. R.O. W. ~ ~ ~ a~ ~ A O cn D ~ U ~m O Dr ~ ~ AO 0 ~ tim J ~ TREE r - ~ 9 ~ TREE ° m cn m ~ ~ ~ Y 0 ° m y °j ~ A~ n c cm: n lA2 m ° ^m ~.r ° n a p~ A . $ r ~ Z r O N . n r ° Z ~ m W 1 A N ~ ~ ~ Q n N Z m ~ c m A o ~ C 2 m ~ N m D ~ Z n ~ m A . O ~ z~ n ° o U ° ~ m z A ~ m m ~ C~ n ° ms ~ o y c ~D ~ ~ m ~ ~ ~ ms b~ ~ ~'o ~'o ~p ~ to r tG Qy A p m N i lb~y' ~ A D m ~ ~ ~m C7 O ° O A ~~G7~ E~ O m O of y~C7 ~C ~ ° 2 ~ ~ Ol~~~INtaa D~ ~ ° 2 ~ ~ Ot~~dz~ t/ z r n x°z~~ ~n A~ x°z~~ m o pOAO ni D N ~ n ~l" O m ~ ° r a ~ 2 ~ m C ~D ~ p O ° ~ ~r n O A ~ A ~ m . Z m °a n ~ ° p n A ~ m O Z N m G7 O m . n ~ ~ m o ~ n A m y o9 ~ O N • ~ . °~4 n m II z n m ° m A C N G7 O n~ C m ~Z A ~ n ° • n m C A A p ~ ~y 1 m < ~ r m 7J ~ _ • m ~ TREE _ ~ ° f C J ° m A U ~ ° ~ iREE m o ro a~ ~o m o L, , n ~ m cn ~I" r o ~ a~ o W. ~ ° cmn m W. J Kimley-Horn and Associates, Inc. CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive 6 Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [v-va] 1. 44pm o~vnomz onza A nO~Onpp OOA~ IAO~Amm yin ~nknyo pn~o ~ Ump Z~my pmN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~n ~ n m n ~ n o R.O.W. IF STREET IS DESIGNATED PUBLIC ~ ~ o0 o~~Ano Ioa~ I~AZ~ oA~~ O C(r~ ~,2n0~ Z m~ 170 ~ n omn ~ o ~p~m/I [ ~I~'C ~ ~rn non A mA n ~ ~ ~ vi O n k ? 2 ~ O ~ TREE m ~ J 0 ~ ~ c A C~ ~2 o A ~A ~ ~ r Z N ~ O_ r n Z m R.O.W. 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W. ~ ' a I ~ I m o C Z ~ N no C~ Z m mZ , ~ c~ o ~a ' ~ r n jv c m TREE ~ mo m z J 0 m ~ n~ Kimley-Horn n ° and Associates II IVY ROW (IF STREET IS DESIGNATED PUBLIC) CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [VI-VII] 45pm o~vnomz onza A nO~Onpp OOA~ IA~~Am~ yin ~nkny~ onto ~ Ump Z~my prnN2v~~ ~nmc~cn ~cn`"-c~om nw~m ~A~ mn ~np ~ ~ o0 o~~Ano 2oa~ r~m`~Z ~~mC 2 17 ~Iy~~ ZQ~~ n mn nog m ~I~,~ non A mA ~ ~ ~ vi O n k ? 2 R.O.W. ~ m Igo ~ ism II A ~ ~ TREE ~ y p m N ~ ~ crn ~ ' ~ 2 m A ~n S r Z rv ~ o r n ~ ~ . ~o md~ m myo 9~~~C ? 'ENO ~a~r~z A oz~~~ a~ A a ~ z" o ~ N p ~~d ?p m~ ~ ~ Z A omzm 7~0~ ~ n m ~z~~ ~m zn ~ o ~o~~~ y z~ 0 A Z rv ~ o nrn r c n ms Z ~ m uA n p r A~ ~ TREE _ ~ m ` i ° m a~ AO ~ ~m R.O. W. J Kimley-Horn and Associates, Inc. CIVIL ENGINEEE 12700 PARK CENTRAL DRIVE SUITE 1800 DALLAS, TEXAS 75251 (972) 770-1300 FAX (972) 239-3820 www.kimley-horn.eom Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH Drawn by: KHA LH. 35 & University Drive g Checked by: KHA ZONING PACKAGE Denton Texas OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001  tZONII. = STREET SECTIONS. dwg [VIII] 2/27/2007 12:45pm f i r - S _ , . ~I - 9 ~ ti v 6 _ _ ~ i _ ~ _ _ _ ~ I _ . z - I K w. a. _ ~ f i - _ - F ~I r ~ ~I a i{ ~1~ I T A........ A I ~ j _ _ ~ - . 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"BL1X" RETAIL ~ ,y / f , ~ r f ~~~,~n 1 , TO1NN CENTER, 1 ~ ~ ~ ~ i r--~,._~_~__~~,.:.~_..~-: =~--~.il.~,~~w,.r, MUL17-FAMILYlRESIbENTI~L ~ ` I ~ _ .-J'^ , ~ RETAIL~RESTAURANT ` ` ,i1 1 !'rt. , - -1; } ~ y1 StNGIE-FAMILYlRESI~EN7IA;L MfXfi[3~USE 1 t 1~ i / QFFl6EQ~lERRRTAIL ~ 1 ~ _ 1~ 1' l i I: ,-w~ I ' STREET RETAIL ~ ! 1 t ~ ~ ' S i _ ~ K RESIDENTIRL-COMM~RCIAI ~ RE7AILI~ESTAURAPtT ; ~ t~ 1, '4 t ~ ~ , HDT~L PARKIGIUI~ 1~;~ 1 ~ r ~ ~ ` ~,t i ~ t. , t\ P ScPorFruRESrftEE'T ~~.4\J. L T - RESERV~DRlLLS17~~ R~T~~ITIONA~JtJD '`,~1 1 1 ` - f _ _ T~_ _ 1 , 4 1 ` ~ ,1.11 1 ~1 ~ i ~ ~ I ~v ~,~1 , 1 4 ~ 1 ~ ~ _ Il T 1 1~ 's tC 1 f ] ~  1 1 1 1 4 i EXHIBIT M STATE OF TEXAS § COUNTY OF DENTON § DEVELOPMENT AGREEMENT FOR RAYZOR RANCH This Development Agreement ("Agreement") is entered into by and between the CITY OF DENTON, a Texas municipal corporation of Denton County, Texas (hereinafter called "city"), acting by and through its duly authorized officers, and ALLEGIANCE HILLVIEW, L.P., a New York limited partnership (hereinafter called "Developer"), acting by and through its duly authorized officers. VVITNESSETH: WHEREAS, Developer owns 410 acres of property, more or less, situated generally north and south of West University Drive/U.S. Highway 380, between IH-35 and Bonnie Brae Street and comprising the area potentially eligible for zoning to the Rayzor Ranch Overlay District Classification ("Ordinance 2007-068") (such property also being described herein as the "Property"); and WHEREAS, Developer wishes to develop the Property with a high quality lifestyle center, to include a wide variety of commercial, retail, office, housing of various types, open space areas, and other uses pursuant to Ordinance 2007-068, also to be known as the Rayzor Ranch Development (the "Development" or "Rayzor Ranch"); and WHEREAS, the Developer wishes to proceed with development of three large box retail stores located on the portion of the Property known as RR-3 in Ordinance 2007-068 ("RR-3 Area"); and WHEREAS, the Developer wishes to commit to certain improvements which are connected to the overall development of Rayzor Ranch while expediting development in the RR- 3 Area; and WHEREAS, the City has accommodated Developer by implementing land use and development standards unique to this Development, designed to permit and promote the unique design characteristics of the Development, and City has further accommodated Developer's scheduling requests by expediting the City's review and consideration of portions of the Development as necessary to meet Developer's schedule; and WHEREAS, in consideration of the above accommodations, the risks associated with consideration of approval of the Development in a piecemeal fashion, and in partial consideration of some of the drainage and tree removal burdens occasioned by the Development that are not otherwise fully compensated by ordinary compliance City's development standards, the City wishes to formulate this Agreement as a recorded covenant running with the land to ensure that Developer and its successors, if any, carry out Developer's stated intention to fund or provide offsite drainage and park improvements to mitigate and compensate the increased stormwater runoff into Northlakes Park, and to fund additional tree mitigation in certain areas to offset and compensate Developer's prior unpermitted removal of trees in the Northern portion of the Property, either for the Development as herein defined, or for any other alternative use of the Property. NOW THEREFORE, in consideration of the mutual covenants and obligations herein, the parties agree as follows: SECTION 1. DEVELOPER PARTICIPATION The Developer agrees that the Property will be developed in accordance with the following terms and conditions: A. Tree Miti a.~ tion. Certain trees on the Property were improperly removed by Developer, contrary to the terms of City's ordinances. Developer has agreed to mitigate the loss of those trees by planting or funding additional trees on the Property, as detailed in the Landscape and Tree Mitigation Standards, Exhibit "C" to Ordinance 2007-068, ("Exhibit "C" Developer will pay $215,000 into a third party escrow account designated for the purpose of ensuring that the removed trees are mitigated on the Property pursuant to Exhibit "C". The escrow will be funded prior to the issuance of any building permit (other than clearing and grading) within the Property. The City will be the beneficiary of the third party escrow fund; and any interest accrued will accumulate within the fund, to be used for acquisition, planting and maintenance of trees, as set forth in Exhibit "C". B. North Lakes Park. Developer has agreed to pay $250,000 in park improvements to offset and compensate drainage impacts at North Lakes Park, as set forth in Exhibit H to Ordinance 2007-068. The funds are to be designated specifically for on-site improvements at North Lakes Park and are payable prior to the issuance of any building permit (other than clearing and grading) for any portions of the Property not located in the RR-3 Area. Developer has also agreed to provide connectivity between North Lakes Park and McKenna Park via a trail along Bonnie Brae, as referenced in Exhibit H to Ordinance 2007-068 SECTION 2. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the substantial completion of the construction of any improvements contemplated hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, delays caused by the franchised utilities (Denton Municipal Electric, CoServe, TXU Energy Delivery, Southwestern Bell Telephone, TXU Gas, Comcast Cable or any of their predecessors or successors or other utilities, or any of their contractors), fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliates/ related entities, and/or their contractors, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. The obligations subject to enlargement of time without penalty do not include funding obligations or obligations delayed for financial reasons. SECTION 3. TERM The term of this Agreement shall begin on the date of execution, and end upon the complete performance of all obligations and conditions precedent by the parties to this Agreement. Upon execution, this Agreement shall be recorded in the Denton County Real Property Records as covenants running with the land. Developer's obligations shall be binding upon subsequent purchasers of the Property, until all obligations of the Developer are satisfied in full. SECTION 4. EVENTS OF DEFAULT A default shall exist if the Developer or City fail to perform or observe any material covenant contained in this Agreement. The non-defaulting party shall immediately notify the defaulting party in writing upon becoming aware of any change in the existence of any condition or event which would constitute a default or, with the giving of notice or passage of time, or both, would constitute a default under this Agreement. Such notice shall specify the nature and the period of existence thereof and what action, if any, the notifying party requires or proposes to require with respect to curing the default. SECTION 5. REMEDIES If a default shall occur and continue, after thirty (30) days advance written notice to cure default, City may, at its sole option, terminate this Agreement in accordance with Texas law, without the necessity of further notice to or demand upon the Developer, and may seek any portion of funding not provided as liquidated damages, in addition to any other relief available at law or at equity. Nothing in this Section shall be construed to waive any sovereign, governmental immunity available to City under Texas law. SECTION 6. VENUE AND GOVERNING LAVV This Agreement is performable in Denton County, Texas, and venue of any action arising out of this Agreement shall be exclusively in Denton County, Texas. This Agreement shall be governed and construed in accordance with the laws and court decisions of the State of Texas. SECTION 7. NOTICES Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. If intended for City, to: If intended for the Developer, to: City Manager Charles D. Ames, President City Hall Allegiance Hillview, L.P. 215 E. McKinney 14881 Quorum Drive Denton, Texas 76201 Suite 950 Dallas, Texas 75254 SECTION 8. GIFT TO PUBLIC SERVANT A. City may, at its sole option and discretion, terminate this Contract immediately if the Developer has offered, conferred or agreed to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting. B. For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. C. Notwithstanding any other legal remedies, City may require the Developer to remove any employee of the Developer from the Project who has violated the restrictions of this Article or any similar state or federal law, and obtain reimbursement for any expenditures made to the Developer as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. SECTION 9. APPLICABLE LAWS This Agreement is made subject to the provisions of the Charter and ordinances of City, as amended, and all applicable state and federal laws. SECTION 10. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. SECTION 11. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. SECTION 12. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. SECTION 13. SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the parties to this Agreement, and stand as obligations running with the land until satisfied in full, regardless of whether the Property is developed as the Development, or as any other a ternative use. SECTION 14. ENTIRE AGREEMENT This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters contained in this Agreement and, except as otherwise provided in this Agreement, cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. The exhibits to Denton Ordinance 2007-068 referenced in this Agreement are incorporated herein by reference, and shall remain component parts of this Agreement even in the event that Ordinance 2007-068 is amended, superseded or repealed. The scope of this Agreement is limited to the specific funding obligations of the Developer set forth in Section 1. The parties stipulate that this Agreement does not satisfy any other development obligation under law or City ordinances; particularly, it does not satisfy any applicable impact fee requirements or development exactions to construct required public infrastructure improvements, including those associated with transportation, storm sewer, water, sanitary sewer, or utilities. The parties further stipulate that with respect to the limited scope of this agreement, the funds provided are not disproportionate to the burdens of the development. The parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the Texas Local Government Code. EXECUTED this day of , 2007, by the City, signing by and through its City Manager, duly authorized to executed same by Resolution No. , approved by the City Council on , 2007, and by the Developer, acting through its duly authorized officers. APPROVED AS TO FORM: CITY OF DENTON EDWIN M. SNYDER George C. Campbell City Attorney City Manager BY: BY: City Attorney City Manager ALLEGIANCE HILLVIEW, L.P., a New York limited partnership By: Allegiance Hillview Management, LLC, a Texas limited liability company, its sole general partner By: Charles D. Ames, Manager AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks & Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1(e)(1)b of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. The North Texas State Fair Association is requesting a three-year exception (years 2007-2009) for the North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the fourth Sunday of August. The exception requested is from 12:00 midnight, Monday through Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday. BACKGROUND Glenn Carlton, Executive Director of the North Texas Fair Association, has submitted a request for an exception to the Noise Ordinance for the purpose of the North Texas State Fair and Rodeo to be held each day from August 17th through August 26, 2007, at 2217 North Carroll Boulevard. The requestor is specifically asking for an exception from 12:00 midnight, Monday through Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday. The requestor also asks that the exception be granted for athree-year period, as has been done in the past. Each year of the request, 2007-2009, the event begins on the third Friday of August and ends on the fourth Sunday of August. This event has been a maj or activity for the community for the past 79 years and is a cornerstone to the quality of life. The Fair is a part of the heritage of this area and, in harmony with the mission of the North Texas State Fair Association, is committed to supporting youth, agriculture, and the community. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None 1 North Texas State Fair & Rodeo Noise Exception Ordinance Request Page 2 RESPECTFULLY SUBMITTED: Emerson Vorel Interim Director Parks and Recreation Department Prepared by: Community Events Coordinator 2 s;laur docume~~slordir~anc~sl~7lnarth texas fa~~ noise excep~~r~.doc Exhibit 1 ORDINANCE AN O~DINANE OF THE 1TY OF DENTON, TEAS, ~ANTiNC, PURS~JANT TO SECTION 2~-l~e~~l}b OF THE CODE OF ORDINANCES OF THE ITS OF D~NTON, TExAS, AN ECEPT~ON TO THE LIIITAT~ONS IMPOSED B~' THAT SECTION NTH RESFET TO SOUND EEVELS AND HODRS OPERATIONS FOR AN OUTDOOR .USYC FESTIVAL; AND PROVIDING AN EFFECT'S DATE 'VVHEIAS, b~ Ordinanoe Na. ~~a I ~~~7, the City Council granted e North Texas State Fair As~aciation a three~~ear exception from the requirements of Section 1 ~c}~~} of the Cade of Ordinances of the City of Denton, Tees ~"Code"} and that exception has expired; and VEEA, by Ordnance No. X001 ~2~, the City Council amended the noise ordinance and exce Mons rere a1laed as to sound levels and hours of operation when the public interest X11 be served thereb~r far vutdaor music festivals; and WHEREAS, the North Texas State Fair and Rodeo meets the defnition of Outdoor Music Festival ursuant to Section 2Q-I ~a} of the Code of Ordinances of the City of Denton, Texas; and ursuant to Section ~~~1 e 1 ~ of the Cade, North Texas State Fair ~VHEI~EAS, p ~ ~ ASSOC~a~lon has n1ad~ ~ licatran to the 1t~ aunctl far an exception to the provisions of Sections 1 of the Cade re ard~n pound levels and time of use of amplified laudspea~er, ~ connection Frith ~e North Texas Mate Fair And Rodeo annual event held at ~2~17 N'arth Carroll Eaulevard, North Texas State Fairgrounds in Rimbror~gh Park, and in connection with said request, has re nested the exce flan to be granted an an ongoing basis far Bald annual event at said location for q ~ ten da s bet~reen the third Friday of August through the faurfh Sunday af.August 2~a7-~Q09; and HEEAS, u on prior application and approval b~ the Cif auncil of the City of Denton, P Texas North Texas Mate Fair Association has cansistentl~ dernonstrated aver the past three Fears an abili to res onsibl aerate amplified laudspeal~ers in connection Frith the North Texas State ty p ~ P Fair and rodeo annual event held t 2~ 17 North ~arrall Eoulevard, North Texas State Fairgrounds, at time ast the hours defined and sound levels allayed by §2Q-I of the Code, Within the public p interest and thaut materially disturbing persons of ordinary sensibilities in the immediate ~ricinit~ thereof; and WHEREAS, based upon this past history, the it council of the its of Denton, Texas finds that anon an exce tiara l'or this annual event on an ongoing basis far a three~year period, g p sub' ect to the restrictions contained herein, would sere the public interest; O~v, THEREFORE, J THE OOUNCIf, OF THE CITY O~ DENTON HERESY ORDAINS SECTION I. Pursuant to §~a~ ~ ~e}~I }b of the Cade of Ordinances, Noah Texas Mate Fair Assoc~at1on 1s hereby granted an exception to sect~an ~aM 1 limitation, far a period of three dears} u an the tine erlods and sound level far outdoor rriuslc fes~.vals, subject to the conditions listed P p below: 1. This exception is granted oar in conn~ctio t~ the aperatian of the ~ar~h Texas Mate Fair and rodeo annual event at l 7 North Carroll ~oulev~rd, forth Texas Mate Fair- grounds, for ten days between the third Friday of August through the fourth Sunday of August ~~a7'-0~9. or~h "texas Stake ~alr Association agrees to take full responsibility for ensuring that die conditions of this exception are naet, and to take all reasonable measures necessary to avoid disturb~n ersons of ordinary sensibilities in the 111~Y17ediatc vicinity of the event, 3, forth Texas State fair Assaciat~on agrees to cease exceeding the sound levels of section 24~ 1 ~e~~ 1){a} at 1~:0~ midnight IVlonday through Thursday,l:~4 a.m, Friday and Saturday and from ~,~n, to 11;04 p,~n, ors Sunday. 4, finder no circumstances shall the annual event permit saund levels to exceed the requirements of section ~4-1 of the fade between the hours of ~ ; 04 a,. and 7 ~ 04 a, m. 5. This ordinance confers no personal ar propel rights, and nay be amended, rr~odified, su erseded ar revolved ~ whole ar in pax at the will of the pity council of the Ci of De~aton, Texas, without any advance warrnng, hearing or co~npensatlon, for any reason at all, or far no reason This ordinance shall be strictly construed as an exception granted pursuant to §2a~ 1 e}{~}b of the bode of ordinances of the pity of Dentan, Texas. The pity of Denton, + i a Texas expressly reserves unto itself and all other persons any and all legal remedies, crvrl or criminal, relating to excessive noise ~ connection with this annual event, and hereby dis- claims an rarr~issory or equitable estoppel which might in arxy way impede the pursuit of yp such rerriedies by any person. ETI~N This ordinance shall become effective irr~mediately upon its passage and a royal, and expire three years hence, unless sooner repealed, naodif~ed or rescinded. pp PA. ED AND APF1~~VED this the day of , ~~~7 PEI R. 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L ~ Lti - . l . a{1 - '14ti :'.k r + 1 } • . .ti ti:.5.~'iCti t•. 'k: L• 5' r f ti ri~~ ~1 Y ~ 1•r ~r ~ 'r Fr r 1 .h .r ~ rJtti r L h ~ 5k1~ .1 1. . S J y + i 1 r'f. 1. f ~ N r .r 'r• y - •1 1 V r 1 . J M1 5 r• ti } ti r ~ } .r~ J R r' i • L ~1~ • ~ ~ ' S 1. ~ . 4 f rL ' x Y~• •1 r. .Y. r ti~..+ rti _ 7,~~. r i• rfti L 'kr ~ ti rr' Y. s r'S+ {'~",r L 1'r r_~ 'S+ ~r. L:kr_r~?' 's Y. 1- L V ~ r ~ 1 ~ Y r' 1 •.7G V 1 1 ~ .af~ ~ 'rA.h k. •r ..+~}}'k.~'i: • +--~•:~:~lef 1. .ti r. ~ ~ 1-.. 'S J•1 r ~r r +~rr J ~ A } N rti; y y r 'r:tir r ti r ~•r,{khS~. Rtrti.• rfrA~'if rr J4r: ir{~y{ •~-04 ~:'if •{4n~r'. :•k r.L rr{r: l............ Lr. .y\r  7.. AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Parks and Recreation A ACM: Howard Martin, 349-8232 ~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, renaming the Phoenix Park, and declaring an effective date. (Parks, Recreation and Beautification Board recommends approval with a vote of 6-0). BACKGROUND A request has been made by Council Member Charlye Heggins to rename Phoenix Park to Carl Young, Sr. Park to honor former Council Member Carl Young, Sr. A committee was selected at the February 5, 2007 Parks, Recreation and Beautification Board meeting to research the request and make a recommendation to the entire Board. The committee's recommendations were brought forward as a discussion item at the March 5, 2007, Parks Board meeting. Signs informing the public that a name change was being considered were posted in the park for over 45 days, the minimum required in the department renaming policy. To further inform the public of the proposed name change, ads were placed in the Denton Record Chronicle on Sunday, March 25, 2007, and Wednesday, March 28, 2007; a message was put on the marquee at the Civic Center on March 23rd and 24th; and a link was put on the City of Denton Parks and Recreation website. Comments received as of March 28, 2007, are 14 affirmative, 2 negative. At the April 2, 2007 meeting, the Park Board received a final recommendation from the renaming committee, held discussion, voted 6-0 to approve the name change, and forwarded their recommendation to City Council. OPTIONS Clty Council may approve the name change recommended by the Parks, Recreation and Beautification Board, select a different name, or request the Parks, Recreation and Beautification Board submit an alternative name . RECOMMENDATION Staff recommends Council approve the Parks, Recreation and Beautification Board recommen anon. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Parks, Recreation and Beautification Board recommended approval of this name change at a meeting on April 2, 2007 with a vote of 6-0. FISCAL INFORMATION To minimize financial impact the name change on printed materials and maps will be made as current stock is depleted. Changes to the park signs will cost approximately $100. BID INFORMATION None available. EXHIBITS 1. Ordinance 2. Parks and Recreation Naming Policy 3. Parks, Recreation and Beautification Board Meeting Minutes of April 2, 2007 Respectfully submitted, ~ 5' r H t: y, 4 Lao tti 2 n. r: Emerson Vorel Interim Director s.l~ur docurrientslordi~tatxcesl0~lrena~r►ing of phoenix park,d~c Exhibit 1 ~RDIN~ANE N~. AN ~RDANE OF THE CITY ~F DE~T~~, TEA, REN~AIIN~ THE PH~EN7~ PARS, ANA DELAR~~r AN EFFE~T~E DATE. HERA, the its of Denton desires to rename the Phoenix Park, in accordance Frith the Park and Facilities laming Pol1c~; and WHEREAS, the chairperson far the Parks and Recreation hoard appointed a committee to develop a recon~rnendation for renaming the Phoenix Park; and ~VHER~A, the naming committee proposed that the Phoenix Park be renamed "earl Young, r~ Park"; and 'W'HEREAS, the Parks and Recreation Eoard recon~.ends that the Phoenix Park be renamed "earl Young, fir. Park"; and HI~REA, the its council has determined that the recommendation con~p~ies Frith the policy and guidelines regarding the naming of parks and park facilities and has also determined that it would be proper and fitting to rename the Phoenix Park "earl Young, r. Park"; N~, THEREFORE, THE C~NCIL THE ZTY ~F ~ENTON HEREBY ~RT~IN; E~TI~~ 1. The Phoenix Park shall now and hereafter be knave and designated as cc,l 'Young, fir, Park", ETI~I~ This ordinance shall become effective irnmediatel~ upon its passage and approval PAS QED ADD APPR~~ED this the ~ da~r of _ ~0~7 PERRY R,11~c~EILL, AYR ATTI~T, ~E~NIFER 'ALTER, CITY ECRETAR~Y ~Y; APPR~~IED AS T~ LEGAL F~R1VI: J„-~~i~ r ~~I~J.J~, ~T~ ~ kTT~~~~ C Exhibit 2 Park and Facilities Naming Policy 1. Purpose: a) Establish general guidelines and procedures for the naming of parks and recreation facilities. b) Provide name identification for individual parks. c) Provide name identification wherever appropriate for special buildings, structures, facilities, areas/gardens. d) Provide for citizen input into the process of naming parks and facilities as enumerated above. e) Insure control of the naming of parks and facilities by the Parks and Recreation Department and City Council through the recommendations of the Parks and Recreation Board. 2. General Guidelines: a) Park property may be named after streets, geographical locations, historical figures, events, concepts, or local, State or National leaders. Park property may also be named for individuals or groups where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a park or facility have been made by the nominated individual or group. b) With the exception of major donations, parks and recreation facilities shall not be named for living persons. In cases involving the names of local community leaders, the following guidelines shall apply: 1) the nominated individual shall have made exceptional contributions to Denton parks and recreation and/or the community; 2) there shall be a clear and demonstrated consensus for the nominated name. c) Parts or areas within a park or recreation facility may be given a name which is different than the park or building. Such parts or areas may include (but are not to limited to) gardens, playgrounds, athletic fields, structures, swimming pools and meeting rooms. Names for such facilities shall be established by the same guidelines and procedures applied to parks and buildings. d) The naming of a park, a facility or parts of a park or facility shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51 % of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. e) Once a name has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasona e time. ~ Contributions which do not merit naming and which are valued at less than $15,000 and comprise less than 51% of the project cost may be recognized. Gifts which are valued at greater than $500 and comprise at least 25% of the project cost may be recognized by plaque or marker. At the request of the donor, the Parks and Recreation Department will provide the plaque or marker for contributions of $2,500 or greater. Such recognition for contribution of less than $2,500 must be provided by the donor. All plaques and markers shall meet the specifications of the Parks and Recreation Department. Should a recognition plaque or marker require replacement, such replacement shall be the responsibility of the original provider of the marker or plaque. 3. Name Changes: a) Requests for name changes may be considered by the Parks and Recreation Board. The aforementioned guidelines for naming a park or facility shall generally apply to name changes. b) In reviewing a request for a name change, the Board will give special consideration to any legal agreements or authorized written promises which were made when the original name was established. c) If a change is requested in the name of an existing park or facility, such request will not be acted upon by the Board until a sign stating the request has been posted on the affected property for a period of 45 days. The sign should direct comments to the Director of the Parks and Recreation Department. 4. Procedures: a) Names for new parks shall typically be established within 90 days from the date of land acquisition. The name of new buildings shall be established prior to the completion of construction. Names for parts or areas of parks and facilities may be established at any time. b) The chairman of the Parks and Recreation Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. c) The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. Any recommendation which involves the name of a person shall include the following: ■ a biographical or informational sketch; ■ rationale supporting the nomination; ■ the name(s) of the person(s) or supporting group(s) responsible for the nomination. d) The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. e) If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. f) All recommended names for such facilities must be approved by a maj ority vote of the members of the Parks and Recreation Board. g) Upon approval, the recommended name shall be forwarded to the City Council for their consideration and final decision. F:ladminlADVISORY BOARD1Park and Facilities Naming Policy -6048.doc Exhibit 3 1 DRAFT 2 3 Parks, Recreation and Beautification Board 4 Minute s 5 April 2, 2007 6 Civic Center Conference Room 7 8 Members present: Teresa Andress, Carol Brantley, Allyson Coe, Dale Conway, Reggie Heard, Jo Kuhn, 9 Ross Richardson. 10 Members absent: None 11 Staff present: Emerson Vorel, Bob Tickner, Amanda Green, Donna Bush. 12 13 Chairwoman Teresa Andress called the meeting to order at 5:57 p.m. 14 15 AWARDS AND RECOGNITIONS: 16 None. 17 18 Approval of Minutes of February 5, 2007 meeting -after asking if everyone had the opportunity to review 19 the minutes Teresa said that the minutes would stand as written. 20 21 ACTION ITEMS: 22 a) Request to sell alcohol at Denton Arts ~ Jazz Festival -Per Emerson, this is the standard procedure; 23 anyone wanting to sell alcoholic beverages in a City park has to make application to the Park Board 24 and then to City Council to get permission for the sale of alcoholic beverages in the park. It is the 25 responsibility of Denton Festival Foundation to choose the vendor for this yearly event. 26 27 MOTION: Reggie Heard made a motion to allow Denton Festival Foundation to sell alcoholic 28 beverages at Denton Arts and Jazz Festival for the next three years; Ross Richardson seconded the 29 motion and it passed with a vote of 6-0. 30 31 b~ Renaming Phoenix Park after former Council Member Carl Young -Emerson Vorel presented the 32 results of the comments/correspondence that he got about the renaming. Fourteen contacts were very 33 much in favor of the rename and expressed nice sentiments about Mr. Young; of the four dissenting 34 comments three offered alternative naming suggestions, one wanted to leave it as is. A brief 35 discussion was held regarding the need to review the process for renaming parks. 36 37 MOTION: Allyson Coe made a motion to recommend to City Council to approve the request for 3 8 renaming Phoenix Park after former Council Member Carl Young, Sr.; Dale Conway seconded the 3 9 motion and it passed with a vote of 6-0. 40 41 Because she had to leave, Teresa Andress turned the meeting over to Jo Kuhn at 6:18 p.m. 42 43 DISCUSSION ITEMS: 44 None. 45 46 DIRECTOR'S REPORT 47 PROJECT STATUS REPORT -Senior Center Feasibility Study. The City has an agreement with 48 Brown Reynolds Watford Architects, Inc. of Dallas to do the study. Meetings should start the middle of 49 April; that schedule will be made available to Park Board. Jo Kuhn wants to make sure that the citizens to 50 be affected are also informed of the meeting schedule as soon as it is available. Amanda Green suggested it 51 be put in the next Senior Center Newsletter and on our website. February 2007 1 Avondale Park Bridge project -Still working with Ross Richardson on the flood study from FEMA. 2 3 Civic Center Pool Enhancements project -The project is 100% complete. 4 5 Unicorn Lake Trail and Landscape project -Going through review process. 6 7 MLK Kitchen Project -Kirkpatrick has done the preliminary drawings. Working with appliance 8 vendor on layout drawings to submit to the MLK Advisory Board. 9 10 City Hall Courtyard renovation - On hold until after JazzFest, doing review with Ford, Powell, 11 Carson; infrastructure issues also to be resolved. 12 13 Cedar Street Streetscape project -Storm drainage has been added to the project so it has to go out for 14 bid again; should have bids back in May. 15 16 Citywide Parkland Acquisition -Talking about land acquisitions for the southwest side of the city. 17 18 Rail Trail -Denton County Transit Authority is going to move forward with project even without 19 federal funding. Don't yet know the effect on our trails, may not be positive. 20 21 Razor Ranch Development -Got the zoning needed to move forward on north side of Hwy 3 80 for 22 the proposed retail complex. One of the of the requirements for the development is to build a road 23 parallel to Highway 3 80 on the north side to relieve traffic so you don't have to get out on University to 24 gain access to I-35 service road or Bonnie Brae. Focusing on south side right now and gas wells. 25 26 COMPLETED PROJECTS: 27 Lake Forest Park -Bob stated that they are looking to add the playground component to compliment 28 the soccer practice fields. 29 3 0 KEEP DENTOIV BEA UTIFUL 31 Great American Clean up -Very successful with 700 volunteers removing 251,800 pounds of debris 32 around the city. 33 34 14th Annual Redbud Race -March 10th, numbers more than double that of 2006. Right day for success. 35 3 6 Denia Garden -Carol Brantley asked if this was the same as Community Garden. Looking for a spot for 37 pre-school program. Amanda Green will get this clarified and call Carol Brantley 38 39 ITEMS FOR UPCOMING MEETINGS: 40 Discussion item to review the current policy for renaming parks, streets, etc. 41 42 There being no further business, Ross Richardson made a motion to adjourn, Allyson Coe seconded 43 the motion and the meeting adjourned at 6:32 p.m. February 2007 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2007 DEPARTMENT: Economic Development CM: George C. Campbell SUBJECT Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an economic development Program Grant Agreement with Allegiance Development regarding the development of an approximate 410 acre parcel of land generally located on both sides of US Highway 380 (West University Drive) between I- 3 5 and Bonnie Brae; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Allegiance Development has requested an economic development incentive to assist in the cost of constructing public infrastructure related to the development of Rayzor Ranch Marketplace and Town Center. The City Council has been briefed in previous executive sessions regarding the negotiations of the proposed Chapter 380 Grant Agreement. ESTIMATED SCHEDULE OF PROJECT Allegiance will be seeking final approval of the zoning for the commercial property within the project at the May 9, 2007 Planning and Zoning Commission meeting. Zoning consideration is scheduled for City Council on May 15, 2007. Residential zoning will follow. Once appropriate zoning is in place, Allegiance Development will begin to submit plans for construction of the project. It is estimated that the majority of the north side of Hwy 3 80 will be complete in 2008. The town center and other commercial development on the south side is scheduled to open in 2009. PRIOR ACTION/REVIEW The incentive request and proposed Chapter 3 80 Grant Agreement were discussed at the Economic Development Partnership Board meetings of November 20, 2006, December 18, 2006, January 22, 2007, February 23, 2007 and April 16, 2007. The Economic Development Partnership Board recommends approval of the proposed grant agreement. Respectfully submitted: ~ { , - _ i r •5 ti i ~ F ~I~1 ~ :r. + n Linda Ratliff, Director Economic Development Department -1- EXHIBIT 6 ZONING EXHIBIT FRANCIS BATSON SURVEY,.ABSTRACT NO. 43: CITY OF'DENTON, DENTON COUNTY, TEXAS BEING a'tract of land situated in the Francis Salson Survey, Abstract No. 43, in the City: of Denton,;Denton,County Texas, being part of a called 2.2200 acre tracf(Tract 3)'described in deed,to'QUANTUM at DENTON SELF, STORAGE; LLP, recorded in Volume 5021, Page 01847;, of the Real Property Recordsof Denton County, Texas, and being part of a'called 2.1017 acre tract (Trail 2) of said QUANTUM afDENTON.SELF STORAGE, LLP,.andbeing ;more particulad, y described by metes and bounds as ,follows: COMMENCING at 'a 1l24nch iron rod found,for the north end of a comer cli.p;abthe'intersection"oft he north right-of-way line of West University Ddve,(U'S. Highway No. 380, a 100.02 foot widerpublic fight-of-way) and the west fight-of-way line of Bonnie Brae Street (a vad6ble'width•public;dght-of-way) for the most easterly southeast :eorner of Ldl of SAND.Y.ADDITION,,an addition tothe City of Denton,.Denton Coutny; Texas, according to the plat thereof recorded ln.Volume'13, Page 47, of the Plat Records of' Denton County, Texas; Thence with the corner clip, South 45°48'44'° West, a distance of 90.93 feet to a point for. . :comer, Tfience.wilh the north -right-Of-wayline of West llnivers ity:Drive, North 89°07 28' Nest in the soutfi line ofa called 121.4759 acre tract (description of Shepherd: Hall Tract Tract 2),;described indeed Io.DentoreHdlview„L.P., recorded'in.Denton County Clerk's File. NO 2005-127450'of the Real Property Recordsof Denton County, Texas, fora total distance of 773.40. feet to a point, for comer; -Thence continuing with the north right-of-way line of West University Drive and said south line of the ,121.4759 acre,tract; North 86°5e 8' West,'a distance. of 1A16.22 feet to a point for comer;, Thence leaving the north right-of-way line of West, University Drive; North 01°03'32 East,-a distance of 12:57 feehto ttie POINT.OF BEGINNING;. THENCE'crossingithe 2,2200 and 2.1017 acre tracts, the following courses and distances, to wit: North, 88°52'30" West, a oistance;of 170.64 feet to a .point for comer;' -.North 00°56'12" East adistance of 25736 feet toa point for comer; 'South !69°03'05" East, a distance of 170.63 feet to :a point for comer; -:South; 00°56'00" West; a;distance of25788feefto the:POINT OF BEGINNING Sand containing 1'.0092~acres of land. ;v s' i 'l} f, Page 1 of 2 n _ _ . _ ~I. 1 &W Inc ZONING EXHIBIT FRANCIS BATSON SURVEY, ABSTRACT NO. 43 00YOF DENTON, DENT.ON COUNTY, TEXAS' POINTOF AvieNC I L.~ COMMENCING - eawcaursm¢r.. - - . r.e.eAe.ow w..e Tun-u_ny S t j 'S15V8'N'W j) _90.93'- LOTS 1-A S te. 3 RMMGCiYh/]9W MN 1 +5. ',~`B :CAB. L, SLIDE Im SAMY-AOD18W1` P.R.D.C.T. ♦iy VDL-13. P 47 i RR. DX. C si J . n RFARC ATINS(011 CAB. a. SLIDE 34 P.R.D.C T. p a A t O I Lomfzw PEARCY/tMWMAI D 4GY NQ-1 AU.'B,, SLIDE 34 NEST: 911" 'DRIY{ PR.DC i. (U.S HIWWAIpIWAY: Ny, 'JBOf t nm..+mr srP..uc.a,.-.-:may t- J CALLED 111:4159 ACRES DESCRPRDN.OE SHEPHARD: MALL TRACT (MR C1 1 o t1'`..n. D£NIpV MILLNEW.,LP $ r y D.CCE N. 20D5-111430 r R P.R.D C. L' k H t t"Y`~•"'l. iN. iii f k J: t, '213: li 1 (1 i awmumo"Aaet DA.n, 11 " `t'". wwrw .1 9wrzN sev, ' SIPGGE 4V : ii l..y:. w.xxcPC Omw - RP.ROGI, i' JJ~LL W. 1;a ~1 N OI b372' E'. w 17.57' POINT OF BEGINNING 5 00'56'00' W c. Z ,t w 25788 - I MA"t 2) X", S~w IV :0 n k .841 RPRAGI Qn i 7h SCALE: o AH N"00'S6'72`_E_ i , ~ 257 36 I 'inctr 3G0 .ft. Page 2W 2 G~ ~ ~brD ZONING EXHIBIT FRANCIS-BATSON SURVEY„ABSTRACT NO. 43 CITY OF DENTON, DENTON COUNTY, TEXAS CBEING'a tract of.land situatedin the Francis BatsomSurvey; AbstraciNo. 43, in the City of Denton, Denton County'Tex, being.. f,'a called 121 A759 acre tract.(des6ription of Snephard Hall Tract, Tract2),:descrioed in deed to Denton Hillview,'L.P.:, recorded iwDe'nton:County Clerk's Frle No: 2005-1274501of the Real'. Property Records; of Denton :County , Texas; and being more. particularly described by metes•and bounds'as follows:. - " COMMENCING at a 1/2-inch iron rod;found for the north end of a corner.clip at the intersection of the:north right-of-way line of West University :Drive (U.S. Highway No. 380, a 100.02aoot wide public right-of-way) and the west nghtdof-way line :ofBOnnie.: Brae. Street (a variable width public right-of-way) for the most easterly southeast corner of Lot 1 of SANDY ADDITION,:an addition to the Cityof Denton, Denton County Texas, aceording,to the plat thereof recorded in Volume 13, Page 47 `and Cabinet J; Slide 348 of the-Plat$ecords'o{Denton 'County, Texas; Thence:witn the comer clip, South 45°48'44°-West, a distance of" 90.93, feet to 6 'point for corner,Thencetwith the north right-of-way line of West University Drive, North 89°07'28" West, a distance of 773;40 feet to -!point for comer, Thence continuing With the north right-of-way line of,WestUniversityDrive, North 88°56'28" West; a distance: of 873.75, feet to a point for comer Thence leaving the north, right-of-viayline of W66ti-Iniversity Drive, North 01°03'32" East, a distance of 21.32 feeltolhe POINTOE BEGINNING; THENCE crossing the, 121,475,9 acre tract; the following`courses and distarf6es', to wit: Westerly; along a: curve `to.the:right; through ~a.:central `angle of.0°51'46',-having a,radius of 4,946:50 feet, and 'a chord - , bearing and distance~ot South 89°08'41" West;,74'.48feet, .an arc length of 74.48 feeI to a point-for comer; South 00°25'26" East, a distance of 12.00 feetto_-a point for comer, Westerly, along a curve to the right, through a centrai angle of 1 °32'56"; having a radius of 4,958:50 feet, and a chord bearing and distance of North 89°38'58" Weal; 134.04 feet, an arc length'of 134.04.feet to a point for comer; - North 88°52'30" West, adistance of 61:83 feet toa point for comer; - Westerly, along a curve-to the right, through a.central angle of 13°18'30", having a radius of 204.34 feel and a chord bearing and. distance of North 81 °57'03" West, 47.36 feet, anarc length of 47.46 feet to a point for.corner; North,77°45'35" West,ia distance of 11.66 feet to a point.for comer; Northwesterly, along a curve to the left, ihrough:a central; angle of 2°31'43", having- radius of 324.86 feet,'and a chord - - -i; bearing and.distance'oftJorth 80°53'54" West; 14.34 feel, anarolength of1434 feet to a point foncnmer; North 00°5T 18 East, a'distance of 324 86. feet to _a point for-comer; Northeasterly, along a curve to the-righL.through-a central angle of 27°28'59 , Ina 3ing:a'radws'of 750.00 feel, and"a chord bearing and distance of Nortlr74°58'34" East, 356.31 feet; an arc'length of359:75 feet to a point for comer, - South 00°56'35" West; a distance of 417.53 feetto,the POINT'OF BEGINNING;and containing 3.1061 acres of land. i° Page 1 of3 I Fj Ira *Han `M/ wd Amdates, - ZONING-EXHIBIT FRANCIS BATSONsURVEY, ABSTRACT NO. 43 CITY OF DENTON, DENTON COUNTY, TEXAS IV 1 ~ POINTOF 7, COWEN&W BOJwIE BwAe SiRF/ ~ ~ fT + ~O^ i0j r-c, sie'IB'u•w 1 90.93' LOTS 1-A 1-4 ! r-6 "i... 16f PEANCYAWM.RTON f'y~y'. iB CAB p~p IBB LOT 1, PROCi S AOY AaD np9. "f+ Uy 'VOL. FA PG Ill v PROC T. <>vT F; rv PEAHCY/VAWSMM CAB. 8. 51b')E JA :P.R.D.CD. o- g s LOlS I,zll. PEWC3'/5]FS@Y l p / N0, :1 -:CAB. "B, SLIDE 34 JI ' 9EST MVCR9Tr MW (U.5 ffl NWAY NO.:JBO),,, 3 a,. -CALLED rI1.O39'ACRES, OESCRIPROV.DF SNLPNARD ".ALL IA (TRACT IJ DENTWWLLNEW. LP 'H' .,DCCF N. 5005-127150 R.P.R.D.C. T. NOtAY32$:' r i 21:12' _ POINT OF ~,'rr* - BEGINNING k' - - r; cl 1 ~]19B1 ACRES L2 . 1135W350 fT) W k A' L} srw.. WP - - wA'3on w 9rso I - ~A,IAACt c. ~ 1 y. . ULL[oi WUPCPLT IInecr )J - .1 _ W~MTN gal~4J - l Kl SN "P40H>- ~ iSCALE. 1 nch300 [G: " ' - Pa8 4e2Of3 " _ ~ KmYyFian, ZONING EXHIBIT FRANCIS BATSON SURVEY, ABSTRACT NO. 43 CITY OF DENTON,, DENTON COUNTY; TEXAS LINE TABLE LINE LENGTH BEARING L1 12.00 50025'26"E L2'. 61.83 N88"52'30"W L3: 11.66'. N77"45'35"W ; L4 324.86 N00°57'18"E` 'L5 417.53 S00°5635"W CURVE TABLE CURVE DELTA, RADIUS LENGTH CHORD BEARING. CL, Cl .0°51.'46" 4946:50 74.48 S89°08'41"W _.74.48 C2 1°32'56` 4958:50 134:04 N89,°38'58"W' 134:04 C3 13°18'30" 204.34 _ 47.46 N81-°5703"W 47.36 C4 2°31'43" ;324486 14:34 '.N80°53'54W 1434 C5 '.27°28'59" '750.00 .359.75 N74°58'34"E.1356.31 Page -3of3 - ZONING EXHIBIT FRANCIS BATSON SURVEY,ABSTRACT NO., 43 CITY OF.DENTON, DENTON COUNTY, TEXAS rEB~EING a tract of land'situaleo in the Francis Batson Survey, Abstract No. 43` in the City of.Denlon, Denton County, Texas, being.; a called 121.4759 acre tract (description of Shepfiard Hall T ract, Tract 2), described indeed to Denton Hillview, L.N., recorded in.Denton County Clerk s,File.No; 2005-127450. of the Rea PProperty Records of Denton County;Texas andall of Lott of'SANDY ADDITION, an addition to,the.Cily of,D"enton; Denton County, Texas, according to the plai thereof recorded in Volume 13, Page 47'and_Cabinet J,,Slide 348 of?he Plat Records of Denton .C,ounly,'Tezas and beihj'more:.particulany described by metes and bounds 'as,follows:- BEGINNING at a--:1721inch,iron!rcd'found for the north end of.a.corner clip at the intersection of the north ~rightof-way line of West. Unive'rsiry Dove (U S Highway No. 380, a`100.20 footwide'public;rightof-way),and the west rightof-way line of Bonnie,Brae Street (a variable:width publicrightof-way) for the mosl'eastedy southeast;comer of the bef_orernentioned Lot 1 of SANDY ADDITION;- THENCE with the corner clip; South 45°48'44''West,;a distance of 65 80 feetto 6!point for comer,, THENCE leaving the comer clip, thefollowng courses and distances; to wit: -,South 45°48'44" West;. a distanceof 65.80 feet to a'point for'oomer; -North 89°25'24" West, a'distance of 91.44 feet to' a point for comer 11 Easterly, along a curve to the right, through a central angle of3 3719having a radius of 5,231:63 feet, and a chord 'bearing and distance of North'87°34'13"-West;.330,66 feet, an arc length of 330:72.feetto a.point for comer, - Easterly, along a curve,; to~the left, through a central angle of 0°28'21", having a radius of,5,051':50 feet, and;achord bearing and distanceof North8 " 6047'46" West;--41.66 feet; an;arc,length of 41.66 feet to`a point for ;comer, - South 02°58'04 West; a'distance,of 12.00 feet to a point for comer, -Easterly, along a curveto the left, through a ,central angle oft°14'41" having a:radius of 5,039:50 feet, and!a:chord bearing and distanee;of.North 87°39'17" West,; 109A8 feet, an and length of 109.48-feet to a point for comer, -:Easterly, along a curve to the right; through a central angle of`10 19'10",''having a radius of 184.50feet'6nd a'chord bearing and distance: of:-Northi83°OT02" West ;33.19 feet; an arc length. of 33:23 feet to a point for, comer; - North'77°5727" West, a distanceof 25.07 feet to:a pointfor,comer, - Eastedy; along'a curveto the left, through a'central angle 6f;10°50'36",having a ratlius of 227:83 feet, and a chord bearing and distanceof North,83°41'26" West,; 43.05 feet: an arc length of 43.12 feet to a'point for oomer ; Northi89°25'24" Wesq.a distance of 475.03 feet to a point for,corner; ` South 00°34'36"!West; a distance of 10.06feei to a point for comer;: r; Ncrlh-89°2524" West,.a distance of 36.12 feet to a point for-comer; - Easterly, along a curve to the right; through ;6 central angle of 11 °18'09"„having a ratlius of 184.56feet, and a chord bearing and distance of North 83°46'19" West; 36.34'feet an arc length of 36.40 feet to'a point for;comer, North=,78°07'15" West; .:a distance:4 -21.53feetto: a poinftorcomer; - Easterly; along'a curveto theleft; lhrougha central'angle of-11 °28'31', having airadius of 215.50 feet, and-a:chord bearing and distance of North 83°51'30" West; 43.09 feet,{an and length;of 43.16 feet to a point for comer, --Eastedy, along;a curveto the left; througha central'angleof 2°53'43";having a radius of 5,504.91 feet, and a c_ hord_ bearing ; nd distance 6f,South:88°49'37" West,'278 15 feet; an arc length of 278.18 feet to a point for comer; Eastery, _al_ong a curveto the right; through a central angle,of-0 51 52=,.tia`vmg a radius of4,946:50!feel, and~a chord' bearing;and distance of South 87°40'56" West, 74.62 feet,amarc length,. of 74.62 feet to a point for comer; =1North 00°41'16" East,,a distance of 881.28 feet to a:point for comer, rF Northerly; along a curve'to,the:right, through~a centrai'angle of 18'1045", having a.-radius of 600.40 feet, and :a chord r> bearing and distance of North 10°40'06 East, 189.70 feet 56 arc length,of 190.50 feet to a point for comer;: -!Northerly, along a curve to the left, through a central, angle of, 19°04'34 having a 'radius of 600.00 feet, and athord bearing and:distance 6fNorih 10°13'33" East; 198.84 feet, an arc length of 199.77 feet to a point for comer; '.North 00"41'16" Ent, ,6 distanceof -17,4.04:feetto a: point for comer; _ South 89°18'44" Ea§t, a distance oi;50.07 feet to a point tor comer; ; .-:South 00°4'1'16' West; a'distance of 173.97 feetto'a point forcomer; -,South 89'41'48" East, adistance of1,565.73feetto a point for comer;, u{', South`,00°37'18"West„a distanceof 663:19 feet to a point for comer;. - ;South'00°26'45" West, a'distance-of568.70 feetto`the POINT OPBEGINNINGpand.containing~,48.6975 acres ofland. Page 1 of3 n..- --..CMI '1'adnASwdMesl Dr. ZONING.EXHIBIT FRANCIS BATSON-SURVEY, ABSTRACT NO. 43 CITY OF DENTON,, DENTONCOUNTY,'TEXAS Ln ~ ! N 03 y C70 rOTN ABFA f / V3 ✓ / ,!gyp " / ✓~8 W16 ACflE9 f ,r } J~j n ! flx ut Z&SaFt)f ✓ J Y ,r is x;,. ` ✓ % !f y'J,iJ ~f fir/ ~t ` ✓ y ii ✓ J Fes, 1F'~r~~~ ,.a''! % / r wr / r 's~i f XAUMI11 .✓y if'' ~r / DCWWDGV OF V*PHARD PAU TRACT . / (tRACt 7) . l✓ ! DENRW'IiLNfY( LP. OCCF1Nv.R.CC-T2745°,/'a~ J ` ✓ ; f rY~fF,1rJJf', j.`'T/,///r` ~.f~ % j ns s,,✓T' r - s / 3 (f y f fT .!r f r ✓ MMON f} # Y IIJPC 47 NN 41 (U.s l % (US: IncrrwAr t ✓ roue.-"mi.a r .a.e wn / ~z C L -0 CS L4 ;C4 b3 r f. Lorz 0 POINT OF toTSrt2tr] 1+ BEGINNING LOT J' ADpikW RQ 1 ~'0 N 4 ~ank°* CAB B, a/ N V - N Z' st for r-c. W E ' APE~R~ 5'"' -w7s IZ&J 'CAB L, DE W . PUWy/*dit'OV munm..N0. 1 P.ROC r S CAB _e. B, AIDE , + P,ROG / J SCALE: 1 inch = 300 f[. Page•2 of 3 G-^ 8WAMdftlx ZONING EXHIBIT FRANCIS'BATSON SURVEY, ABSTRACT N0: 43 CITY OF DENTON, DENTON COUNTY, TEXAS LINE TABLE LINE.. LENGTH. BEARING Lf 6580 S45048'44"M ' L2 91.44 `N89°25'247W L3~ 12.06: - S02.758'6411V L4`. 25.47.. ,N77°57'27"W L5. 475.03 :N89°25'24"W L6 10.00: 'S00°34'36"W L7i 36;12 N89°25'24"W L8' 21.53: N78°.0715"W L9 _ 881.28 N00°41'16"E L10 .174.04 N00041'16"E ` .Lll 50.07. -S89"18'44"E L12 173.97 SO0°41'16"W L13; 1565:73 S89°41'48°E L14`. 663.19: S00°3718"W L15'. 568.70' SO0°2645"W CURVE TABLE CURVE DELTA RADIUS' LENGTH CHORD BEARING CL C1' 3°37'-19"- 5231:63 330,72' N87°34:13"W 330.66 C2 W28'21"5051 50 ~ 41.66. N86°47'46"W: 41.66= C3 1°14'41" - 503950 109.48 N87'39117"W 109.46 v' -33.23 N83°07'02"W 33.19 C4 _ 10°19'10" ___18450 CS 10°50'36" 227.83 43.12 N83"41'26"W 43.05 C6 11."18'09" 184.50 , :36.40: N83°46'19"W '36.34.. x" G7 11°28'31" 215.50' - 43.16' - N83°51'30"W 43.09 C8 2°5343" 5564.91 :278 18-. S88°49'37"W 278.15.: C9 0°51.'52" 4946.50'. 741621 Y _S87°40'56!'W- 74.62-. c; . C10 18"10'45" 600.40; 190.50. N10°40'06"E 169.70 C11 19°04.34" 600.60. 199.77' N10°13'33"E 198.84 Page 3 of 3 ZONING EXHIBIT B.B.B. & C R.R. COMPANY'SURVEY, ABSTRACT No. 192 CITY OF DENT,ON, DENTON COUNTY, "TEXAS FBEINGa,tract'of nd'situated i i th' e B.B.B& C R'R. Company Survey; Abstract No.192, in the City of Denton, xas, being part of.a,called 265:6365 acre;tract of land (description of Shephard Hall Tract; Tract, 1), described.in deed to Denton Hillview; L.P., recorded in Denton CountyClerk's,File No: 2005-127450 of the Real Property"Records^of Denton County, Texas, and part of Lot3.of LOTS 1,2,& 3 PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton,.Denton County; Texas„ according to the platthereof recorded in Cabinet B, Slide 34 of the Plat,Records:of Denton County, Texas, and tieing more particulariyAescribed by metes and bounds as follows: BEGINNING at a 5/8 inch iron,rod found at the intersection of the nortffbasterlyAght-of-way line of of Interstate Highway.No: 35-(a variable width public"right-of-way) and the north right-of-way line of Scripture:Street (a variable width'public right=of-way)for the mostsouthedy southwest :comer of the 265.6365` acre, tract; THENCE with thernortheasterly right-of-way line of lnterstafe',Highway No. 35, going to the south line of.West University Drive , the following courses and distances,,-to wit;: North 16'500" West, a distance of 38.32 feet to,a point forcomer; North 16 24'00" West, a distance of 3,494.36 feet to a point for;comee; North 14°50'06" East, a distance;of 171.01 feetto a point for comer; North 46°0412"East, a:distance of 303.95 feet to apoint for comer, = North 60°32'22" East; a distance of 67.18 feet to a vdiri for comer; THENCE: leaving the,northeastedy right-of-way line,of Interstate Highway;No. 35,.the following: courses and distances, to wit: South 88°52'30" East; a distance of 236:30: feet to:a point for. comer; Easterly, along a curve to the.right, through a central angle of ,1 °49'3.6", having a,radius of 4,950.00 feet,aril a chord bearing and distance of-South 87°57'42" East, 157.81 feet,' eet, an arc Iength of 157.82 feet to a'point, 01 for comers South 87"02'54" East;:a distance of 75.85 feet to a'point for comer; Easterly; along.a:curve to the left,"through.a central angle of 1049'36", having:aradius of 5;050.00 feet, and a chord bearing and distance of:South i87°57'42"'East, 161.00 feet; an arc length of 161:01 feetto a point for comer, South 88052'30" East; a distance of 1355,5 feet to a'point for comer; -South 43°52'30" East; a distance of 31.11 feet to'a point for comer,; South 88°55'55" East, a distance of 126.02 feet We point for comer] ; North 01'03'32" East, a distance of 10.88'feetdo a pointforcomer; --'North 46°07'30" East; a istance of 31':104eefto a poinbforcomer; --.South 88052'30" East, a distance of 156.45 feet to a point for comer; .:Easterly; along ;a curve to the right,througha central angle of 6°16'36", having a radiusof.185.00 feet, and "a chord bearing and distance of South 85°44'13" East,:20.26 feet, an arc length of 20.27 feet to a .point for comer; South 82°35'55" East, a distance;of 78.68 feet to`a point for corner, Easterly, along a curve;to the left through a central angle;of 6°16'36", having a radius of 215.00 feet and a } chord bearing and distance of: South 8504413" East;=23:54 feet; an are length of 23.55 feet to a point for comer; -South 88°52'30" East, a distance of 251.03#eef to a point for comer; f,. Easte ly; along a curVeao the left, through a<central angle of'1 °08'47", haying a radius bf5,050.00:feet; and a chord bearing and distance'of'South 89026'54" East,. 101.03 feet, an arc length 6f'101.03 feet to a point for comer; Page 1 of5 IGmeylbo ~ and Aswaft, Inc ZONING' EXHIBIT B.S.B. & C:RR. COMFANYSURVEY, ABSTRACT N0:192 CITY OF DENTON, DENTON COUNTY, TEXAS F---South '30'"East, a distance of,1918 feet to apoint for comer, '3V East, a distance of,90'49 feet to a:point for comer; North 01°0730" East, ,a distance of 7.4:1 Meet to a point,for comer; North 45"16'39" East, a;distance of 28.70,feet to a point for comer; -North 89"25'48"'East; :a distance of 26:87 feet to a point for comer; Easterly, along a curve to the right, through a cehtral:angle of 6."16'38"; having.a radius of 185.00 feet, and a chord bearing and ilistari&of,South 87°25'52" East, 20'26 feet; an arc length of 20.27 feet to a point for comer, South 84°17'33" East; a distance of 76.67 feet to a,point for comer; Easterly, along a curve to the lef(;,through a central angle of 6°1638", having a radius of215.00ifeet;.and a chord bearing and distance of'South;87°25'52" East,,23`.54_feet,:6n arc length of 23.56 feet We point for comer; Nortfi789°25'48"East; a distance of.290 19 feet Wapoint for comer -South 44°43'21" East; a distance,of 30.09 feel to:a point-forpomeg South 88°56'28" East, a.distance'of 12'6.00 feet to a point for comer; North 01 °03'32" East; a distance of 13.78 feet to,apoint for comer,' --North 45°16'39" East, a distance of 32:15 feet to•a'pointfor corner,: North;89°25'48" East, a distance of 217.23 feet to a point for corner; Easteriy,;along acurve to the right, through a central angle of 0"56'12", having a radius, of 4,961.00 feet, and a chord.bearing.and distance of North 89°53'54" East, 81.09 feet, an arc le_ngth'of 81.09 feet to a point fdr' comer in the common line of Lots 2 ,and 3 of the abovementioned LOTS 1,2& 3 PEARCY/CHRISTON ADDITION No. t;' THENCE with thercomrncn'line of,Lots 2 & 3, South 01.°0826"-West; passing at a•distance of 594.00 feet the° common comerof L6ts2 and 3; for 6-total distance'of608:92 feet to a point for comer; THENCE crossing the called 265:6365 acre tractthe following. courses and distances; to wit: gj Westerly, along ,a curve to the;left, through`a:central angle of 21°52'08", having a radius:of 113.00 feet,•and'a chord beanng;and distance of South`69°25'14".West; 42.87 feet; an arc length of 4313ife t foetto a poihr .comer; Westerly; along'a curve to the, ight, througF.a central angle of 31 "31'44", having a radius of 113.00 feet,.`and bearing and distance ofiSoulh 74015'02" West, 61.40 feet; an,arc length -of;62:,18 feet to a'poinffor- u a chord comer; .n North 89°59'06" West, a distance of220,31 feet to a point for comer; - Westerly, along a curve to theright, througha central angle of 1-1°03'36'; having -a radius of 113.00 feet;:and a chord, bearing and distance of North 84.2718" West, 21.781eet; an arc length of 21.8 feei,to a_ point for comer; South 61 "00'00" .West, a distance of 220.36 feet to a point for corner, -Southerly,, along;a curve to the left, through a central angle of 7036'56", having a radius of 1,000.00 feet, and a chord bearing and distance of South 02"48'28" East, 132.82 feet„amarclength;of' 132.92 feetto apoint for comer; --;Southerly, along a curveto,the right,'through a central angle of 7°36'56'1; having'a radius of 2,070.00 feet;, and a cfiord bearing.and;distance of South 02"48'28" 'East, 274.94 feet, an arc length of 275.14"feet,to a. point for comer; South ()1'00100" West, a distance _of 872 88'feet to a point for comer; e" rn' --:South 81°5235" West, a'distance?of483.93,feet to a point for comer, --:South 01000'00" West, adistance of 0.78-feet to:a point'for comer; --Southeriy;:along a curve to the left, ,through a central angle of 7059'33", having a radius of 578.00 feet, and a ch6n:l'bearing and distance of5outh 02959'46" East, +80.56 feet_;.an arc length;of 80.63 feet to a point for comer, Page, 2of3 ~ \andAssaaatm,hic.. ZONING-EXHIBIT BBB. & C.R.R. COMPANYSURVEY, A8sTRACTNO. 192 CITY OF DENTON, DENTON COUNTY, TEXAS -South 06°59'33" East, a distance of 384.06 feet to a;point forcomer,--'North 81952'35" East, a distance of 424.16'feetto a point for comer; South 01 *00'00" West; a distance of 255:93 feet to apoint forcomer; North 83°15'40" East, ;a distance of 298.43 feet to a point for corner; Easterly, along'a,curve to the right, through,a.central angle.of 7*33'11having'a radius of 1,000.00 feet, and a chord b_eanng and distance of North87°02'16" East _13173 feet, an arc'length of 131183 feet;to a poi'ntfor comer, South 89°1,,1'09"East, a distance of 393.20 feet lo-a point` for comer; --South,01 °00'00" West, a' distance of 414.09 feet to a point for comer; ,;North 89°00'00" West; a distance of 39.OO.feet to a point for comer, --,South'01°00'00" West, a distance;of 110.00 feet-46,a point for comer, North 89000'00" West, a distance of 781.32 feet to a+point for comer; North 01°00'00" East; adistance of 473.53 feet to apoint for comer; South 83°15'40" West, a distance of 228.52 feet to a point,for corner; --:Westerly;' along a curve.to the dght,.through a central "angle of 3°02'20", having "a radius;of 1,000.00 feet, and a chord bearing and;distance`of South 84046'50"West„53.03 feet, an arc length of 53.04 feet to a -point for comer; South :86°18'00" West, a distance; of323.5Tfeet,to a point for comer; =Southwesterly, along a curve.to:the left, through a central angle of 34°15'27", having a radius of 500:00 feet; and.a chord bearing'and distance of South 69°10'16".West, 294452 feet; an ardlen_ gth of 298.95 feet t_o;a point for corner, South 52°02'33" West, a ,distance of 276.29.feet to a point for comer Southwesterly, along a curve,to the right, through a central angle;of'12°23'49"% Having a radius of 500.00 feet, and a'chord bearing and distance of South'58°14'2T' West, 107.97 feet, an arc length of 108A8.feetto a point,for comer, South 01 °02'00" West, a distance of 538.58ifeet to a point for corner in the south line, of the 265.6365 acre, tract in the north right-of-way line of Scripture Street;(a variable width public right-of-way); ep: THENCE with the north right=of-way line:of Scripture Street, North 88°58'00" West„adistance of318.44'feet'toa point for; comer,': THENCE continuing with the north right=of-way line of Scripture Street, North 88°48'26" West, adistance of 4173 feet to the POINT.'&'l3E6INNING and, containing 170.1002,acres of land.. r. FX Page 3'of 5 and lw' - ZONING,EXHIBIT B.B,B. & C.R.R. C600ANYSURVEY,,.ABSTRAETN6..192 CITYOF DENTON, DENT ON COUNTY, TEX4S 8p~ uuto-rri i si Ac a :OESGRIPI LT. SNCPNI,D Mw ,mAer MNFW 'L P. f I+R~t VCCF 4NRLNE 3a05-127 11v IPW e u`D ` LpV RPR,O.CI 1 - . _ o~ MESi"UM1LR9(Y p%1E # lY2tlp[ I nma:.mr \\~~_CI II1 : pp } 14I 19 L20 U0 - CS L27 C8 L ! . v L / 7 Lp~~ 5 mrr o . Jc / Lars 12tJ o 0 2 } ,L rJ 1 L f mra FcurcrRywsrd~ , /.1 Pro'mv Na r.. 1"` d l r r Axacc, t p° ~ v D I CIO z, ` .M1~ IfJ~ ~ 1>A MS %1 / ~I ~ ir't x.13 ~ f . J 56 1' kE ~ / fFr / R A.D T S f~'J ~ ' ' ' X1:3 4 9 ,u r F' n 43 C1 L44 S L L r _ {f ~ F ~ LaB. fir fJLLE0.M16]61 IdES N f D[5G0VRW HHPN u. ,R, e, (,RW F) I) DENrM NLLLUflY (.P. o.ccP: -u>.w 9CAPIUAE STREFf . 1 RpTDDS.RDGT /~.ml4l M,ae 1 41 wvr- up ' L!12 L41 S POINT OF - BEG/NNING: SCALE: 1 iiich 600: ft.. Page 4 of 5 . Cam/ \ nas,lrc.' ZONING EXHIBIT liaa & C R.R. COMPANY SURVEY, ABSTRACT, NO. 492 CITY'OF DENTON, DENTON COUNTY, TEXAS, LINE TABLE. IINETABLE - - LINE LENGTH BEARING :LINE' LENGTH ? BEARING: Lt - 38.32 N15°50'30'W - 'L25 13:78 N01:°03'32"E L2 - 3494.36; N16°24w"W L26 32'15 N45°16'39"E L3 171.01 N14°50'06"E L27 217.23 N89°25'48"E L4 ;303:95; N46°_L28 608.92 S01 °O8'26"W. 04'12"E L5? 67:18'• N60°32'22"E: L29 ;220.31 N89°59'06"W E6, 236:30 S88°52'30 "E L30 220.36 S01°00'00"W. L,7 75:85 S87002'54"E L31 872.88 'S01'00'00"Vi! L8 135.55.. ,S88°52'30"E' L32 483.93 S81°52'35"W.:. L9 31.11 S43°52'30"E. :L33 . 0.78 -801°00'001W~I L10 126.02 888°55'55"E ,L34 384.06 S06°59'33"E' L11: 10 .88 - N01"03'32"E _"135. _ 424.16'. N81°52'35"E' L12 3110 N46WOT30"IE L36 _255.93 SOt°00'00°W. L13, 156.45 S88°52'30"E L37 228.52 S83°15'40"W L14 78.68 - S8273555"E L38 323.57' S86°18'00W L15 -'251:03 - :S88°52'30"E L39 276:29 S52°02'33"W L16 19.18 - -"S43°52'30"E L40. _ 538.58 S01°02'OOW L17 90.49 :@888"52'30"E L41•. -318.44• N88°58'00"W L18 7.41 :N01°07'30"E L42' - -.41.73` N88'48'26"W= L19 28.70 N45°16'39"E L43 298.43 N83"15'40"E L20 2687 -N89°25'48"E L44 ---'393.20: -S897 11'097E- L21 - 78.67 S84°17'33"E L45''. 41409 S01°00100"W N8 ' L22 290.19 -9°25'48"E L46i 39.00 tN89°00'00"W' 110:00 S01° :C23 ' -30.09 'S44°43'21"E L47 00100"W __E24 126.00 588°56'28"E . L48 781.32 IN89°00'007W' L49 473.53, __.-.N01°00'00"E. CURVE TABL& CURVE DELTA ..'RADIUS -LENGTH. CHORD BEARING CHORD Cl 1°49'36" -4950.00 157.82 S87657'42"E 157.81 C2 1°49'36" -:5050.00 .....161101. S87°5742"E 161.00 C3 6°1636 185:00: 20.27 S85°44'13°E 20:26 C4 16'36 215.00 23.55 S85°44'13"E 23'.54 C5 1°0847" 5050.00 . 101.03 889"26'54"E 101:03 C6J `6°16'38 185.00. _ '20.27 S87°25 2"E 20.26 ;f. CT6°16'38 215:0023.56 887°25'52"E 23,54 z :CB 0°56'12" X4961.00 81.09 ;N89°STWE 81!09. C9. .21°52'08" 113.00 43.13 S69°25'14"W 42:87 C10 - `31°31'44" 113.00 - 62.18 ' - S74"15'02"W 61.40 C11 11°03'36". .113.00 21.81 N84°27'18"W 21:78 - C12. 7°36'56". - 1000.00 132.92 1S02°48'28"E 132:82 'C13 7°36'56" 2070.00 275.14 S02°48'28'E 274.94 ; C14. 17°59'33°- . 578:00 80.63.- - S02°59'46i°E 80.56' rr C15 3°02'20" 1000.00 53.04 884°46'50"W 53:03 C16 `34015'27":' 500.00: 298.95 `S69'10'16''W "294:52 " C17 `t2°23'49".' 500.00 108.18 S58°14'27"W 107:97" ; C18 7°33'11" 1000:00 131.83 N87°02'16"E 131:73. Page 5 of 5 - - G I~ IGrtdyHorn _ _ _