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
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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
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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
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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
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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~
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~ 849" SET A~' TIC NORTH CC~RNfTR 41= SAID SNfQER TRACT ON THE EAST LINE OF SAID T~iANCONTINENTAL TRACT;
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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
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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.
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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
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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
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EXHIBIT 3
EXISTING ZONING MAP
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8
EXHIBIT 4
PROPOSED ZONING MAP
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EXHIBIT 5
FUTURE LAND USE MAP
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EXHIBIT 6
NOTIFICATION INFORMATION
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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
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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
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EXHIBIT 10
MINUTES FROM PLANNING AND ZONING COMMISSION PUBLIC HEARING
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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~
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~~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
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30
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Subject ~
Property
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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
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EXHIBIT 3
Existing Future Land Use Map
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EXHIBIT 4
Proposed Future Land Use
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EXHIBIT 5
Existing Zoning Map
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EXHIBIT 6
Notification Information
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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
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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
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EXHIBIT 9
Planning and Zoning Commission Minutes, April 11, 2007
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EXHIBIT 10
Ordinance
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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
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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~~
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14
EXHIBIT 9
Planning and Zoning Commission Meeting Minutes April 1 1, 2007
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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
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18
a~ ~~~~-0~
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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
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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
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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.
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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
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12
EXHIBIT 3 Aerial of Northern Tract
13
EXHIBIT 4
Site Plan of Northern Tract
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14
EXHIBIT 4A
Existing Northern Tract Zoning
Proposed Northern Tract Zoning
15
EXHIBIT 5
Aerial of Southern Tract
16
EXHIBIT 6
Site Plan of Southern Tract
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1l
EXHIBIT 6A
Existin Southern Tract Zonin
Proposed Southern Tract Zoning
Base RCC-D with
C3verlay
Modifications
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EXHIBIT 7
Notification Map
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JlM CHRIST L
19
EXHIBIT 8
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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
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Architectural Guidelines
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EXHIBIT 11
Street Sections
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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
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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
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EXHIBIT 12
Draina a Exhibit
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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
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34
EXHIBIT 15
Notification Responses
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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
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w 0
N 0 0
N 0
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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~
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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~ _
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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
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scA~E: ~ e.~
1~ inch = 600 f~, Page 6 of 6 ~ X
~ Kimley-Horn ~ antl Associates, Inc.
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ARCHITECTURAL GUIDELINES
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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
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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.
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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•
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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
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r...... • rm ' mr ' w rm r Y
r
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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}•}•}•}•.•.•.•.•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•}•
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23
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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i
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24
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
{
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f
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25
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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26
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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27
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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28
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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{ ~ •,f, 7$L~
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r ti •r. r ti• r ti 'I • { I ti. ti• ti
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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
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r r r r
r
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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
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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
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xxxxxxx' ' v• -
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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
{
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x:
r.
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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
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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........:f . { ~ ~k:". 'S~ 1 . ; ~ ~ S Fh~ Tyr ~ 1f,tT}'~ Y i r.
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
YYYYYYYYY ---r x:
x:} x:}
x:
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
n... .......................................~......................YYYY~..
x. x. x.
x. x.
• - .......r•
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26
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
x:
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Rayzor Ranch Architectural Guidelines
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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
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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
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Trail A, 3,750 LF
Proposed
Parking lot
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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
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www.kimley-horn.eom
Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH
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www.kimley-horn.eom
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12700 PARK CENTRAL DRIVE SUITE 1800
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www.kimley-horn.eom
Scale: AS SHOWN SHEET Designed by: KBA STREET SECTIONS RAYZOR RANCH
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OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001
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CIVIL ENGINEEE
12700 PARK CENTRAL DRIVE SUITE 1800
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www.kimley-horn.eom
Scale: AS SHOWN sHEEr Designed by: KBA STREET SECTIONS RAYZOR RANCH
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OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001
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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 Checked by: KHA ZONING PACKAGE Denton Texas
OF 8 Date: FEBRUARY 2006 ~ Project No. 064012001
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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
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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
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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.
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Page 1 of 2
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ZONING EXHIBIT
FRANCIS BATSON SURVEY, ABSTRACT NO. 43
00YOF DENTON, DENT.ON COUNTY, TEXAS'
POINTOF
AvieNC I L.~
COMMENCING
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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/ ~ ~
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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
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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
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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 _ _ _