HomeMy WebLinkAbout11-08-1994
b. CONTRACTOR agrees to retain all books, recor so documents,
reports, and written accounting policies and procedures pertaining
to the operation of programs and expenditures of funds under this
Agreement for the period of time and under the conditions specified
by CITY.
j C. Nothing in the above subsections shall be construed to
ratieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
itu authorized representatives, all of its records and shall permit
CITY, o,, any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
j " conditions or employment and all other data relating to the program
requested by said representatives.
P. The CONTRACTOR shall give the City of Denton, the U.B.
I Degartiment of Housing and Urban Development, or any of their duly
authorized representatives, ao:ess to and the right to examine all
books, accounts, records, reports, files and other papers belonging
to) or in use by the CONTRACTOR pertaining to this Agreement. Such
rights to access shall continus as long as the records are retained
i by the CONTRACTOR.
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RNPORT6 AND INFORMATION
At such,times and in such form as CITY may require, CONTRACTOR f
shall furnish such statements, records, data and information as
CITY may request and deem pertinent to matters covered by this
Agreament.
i
If CONTRACTOR receives federal funds in excess of $25,000,
from any source, or if for any reason an independent audit is
conducted, the.CONTRACTOR agrees to submit an audit con by
independent examiners within tan (10) days after receipt oft such.
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MONITORING AND RVALUATION
r
The CITY shall conduct a performance review of CONTRACTOR on
an annual basis or as otherwise deemed necessary by the CITY to
evaluate compliance with the provisions of this Agreoment as neces-
sary in the performance of its duties of program accountability.
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Upon delivery of a completed project by tho prime construction 4
contractor, the CONTRACTOR shall obtain and maintain insurance
policies that 1) include a lessor policy or a general liability
policy of no less than one million dollars, and 2) include real and
personal property coverage at no lose than the building valuation
amount. The CONTRACTOR must maintain specified coverage for no
less than 20 years, the term of this Agreement. All such policies
shall name the CITY as an additional insured and require 30 days
notice of cancellation. Copies of all policies and updates shall
be submitted to the Community Development Office throughout the
Agreement term.
III.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the followings
(1) The CONTRACTOR will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, national origin, or familial
status. The CONTRACTOR will take affirmative action to
f unsure that applicants who are employed are treated
during employment without regard to their race, color,
religion, sox, national origin, or familial status,
concerning such employment, upgrading, demotion, or
transfers recruitment or recruitment advertisingi layoff
or tersinationj rates of pay or their appren'Vleeship.
The CONTRACTOR agrees to post in conspicuous places,
available to both employees and applicants for employ-
ment, notices to be provided by the CITY setting forth
provisions of this nondiscrimination clause.
(2) The CONTRACTOR, in all solicitations or advertise- j
ments tor employees placed by or on behalf of the CON-
TRACTOR, shall state that all qualified applicants will
receive consideration for employment without regard to f
race, color, religion, sex, national origin, or familial
status.
lIII.
00NPLIO! Of INTEREST
l The CITY and CONTRACTOR state that to the best of their know-
ledge, no member of the City of Denton, Texas, and no officer,
employee, or agent of said authority who exercises any function or
responsibilities in connection with the carrying out of the Program
to which this Agreement pertains has a personal financial interest,
direct or indirect, in this Agreement.
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xlv.
POLITICAL OR SECTARIAN ACTIVITY
A- None of the performance rendered hereunder shall involve ncludin toy further the electionior de a t~ oftanytcalimited to, any ndidate for publicvof-
fice) or any activity undertaken to influence the passage, defeat
or final content of legislation.
B. None of the performance rendered hereunder shall involve I
or benefit in any manner any sectarian or religious activity.
' !V.
TERMINATION
A. The CITY shall have the right to terminate this Agreement,
j in whole or in part, at any time whenever the CITY determines that
the CONTRACTOR has failed to comply with any term of this Agree-
ment. The CITY shall notify the CONTRACTOR
days prior to the date of erminatieffective data of such
f termination, and in the case of partial termination, the portion of
the Agreement to be terminated. Property shall be subject to
I' disposition under sections 5ts • 50(b) (9)i 570.504(b) (4i5) CDBG
regulations. (See 83 and cN.)
B. The CITY shall have the right to terminate this Agreement
for convenience, in whole or in part, with the consent of CONTRAC-
TOR and when both parties agree upon the termination conditions,
including the effective date and the
portion to be terminated.
C. The CONTRACTOR shall have the right to ter-;;Hate this
Agreement fot-convenience, in whole or in part, by writ.,an notifi-
j cation to the CITY, which shall include the reason for such ter-
mination, the effective date and the
In the case of a partial termination, itiis the de ermiinationIof
CITY that the remaining portion of the award is not sufficient to
accomplish the project as described in the Work statement, CITY may
require that the entire grant be terminated.
xVI.
INDEMNIFICATION
A, CONTRACTOR shall and does hereby agree to indemnity and
hold harmienr the CITY from any and all damages, loss, or liability
of any kind whatsoever, by reason of injury to property or third
persons occasioned
TRACTOR by any error, omission or negligent not of
CON -
e , its officers, agents, employeas, invitees, and other
p rsons for whom it is legally liable, with regard to the perfor-
aanoe of this Agreement, and CONTRACTOR will, at its cost and
expense, defend and protect CITY against any and all such claims
and demands.
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H. It is agreed and understood by the parties that all
employees and personnel furnished by the center and engaged in the
work of the Denton Housing Authority shall not be deemed employees
of the CITY and shall be responsible to and under the direction of
the CONTRACTOR.
C. In the event that any claim, demand, suit or other action
is made or brought by any person(s), firm, corporation or other
entity against CON'T'RACTOR, CONTRACTOR shall give written notice
thereof to CITY within two (2) working days after being notified of
i such claim, demand, suit or other action, Such notice shall state
the date and hour of notification of any such claim, demand, suit
or other action; the names and addresses of the person(s), firm,
corporation or other entity making such claim, or that instituted
or threatened to institute any type of action or proceeding) the
basis of such claim, action or proceedings and the name of any
person(s) against whom such claim is being made or threataned.,
Such written notice shall be delivered either personally or by
mail.
D. For purposes of this Agreement, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed it sent postage paid to the parties and address set for
below;
I TQ CITY; TO CONTRACTOR:
City Manager Executive Director
City of, Denton Denton Housing Authority
115 E. NoKinney St. 308 S. Ruddell
Denton, Texas 76201 Denton, Texas 76205
IN WITNESS OF WHICH this Agreement has been executed on this
i, the _ day of , 1994.
f CITY OF DENTON
f
E
BYt
LLOYD V. HARRELL, CITY MANAGER
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
SYt
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, APPROVED AS TO LEGAL FORM Ay/;p
DEBRA A. DRAYOVITCHr CITY ATTORNEY
Sys
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ATMI
FI SECRETARY
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ATTACHMENT "A" 1
This project shall consist of the rehabilitation of the Crawford
Building located at 906 S. Locust. This former hotel will be con-
verted into twenty-four (24) one-bedroom units with private baths
l and full kitchens. The ground floor level will be renovated to
include office areas, kitchen, dining room, laundry, library,
parlor, lounge and other common areas for residents. Upon con-
pletion, the building will meet all local building, electrical,
mechanical, plumbing and fire codes. The project will also comply
with all redoral and State regulations promulgated under the Com-
munity Development Bock Grant and Homs investment Partnerships i
Program.
S .
WORK STATEMENT
The Denton, Housing Authority is a governmental a enc.
housing for lode income families in accordance with 24CFR92~.216,~the
Home investment Partnerships Program. This project will house low
and moderate income elderly (62 years of age and over) persons of
at least 24 units. At least 601 of the units will house very low
income elderly. The Denton Housing Authority will provide -manage-
ment services including an on-site manager, building and
grounds
maintenance, and coordination of services provided byy other
! agencies such as meals, health care, etc. The proje.. ++ill con-
tinuo be used for the provision of affordable rousing to low and
moderate income elderly persons for a period not less than twent
(20) years. Y
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ATTAcHmur "B"
24 CPR f 570.505
The standards described in this section apply to real property
within the recipient's control vhich was acquired or improved in
whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent for
the property until five (5) years after closeout of an entitlement
reoipient's participation in the entitlement CDBG program or, with
respect to other recipients, until five (5) years after the close-
out of the grant from which the assistance to the property was i
provided. {
(a) A recipient nay not change the use or planned use of any
such property (including the beneficiaries of such use) from I
that for which the acquisition or improvement was made unless f
the recipient provides affected citizens with reasonable
notice of, and opportunity to comment on, any proposed change,
and either:
(1) The now use of such property qualifies as meeting
one of the national objectives in Section 570.206 and is
not a building for the general conduct of governments or
3
(2) The requirements in paragraph (b) of this section
i are not.
(b) If the recipient determines, after consultation with
E, affected citizens, that it is appropriate to change the use of
f the property to a use which does not qualify undor paragraph
(a) (1) of this section, it may retain or dispose of the
pproperty for the changed use if the recipient's CDBG program
is reimbursed in the amount of the current fair market value
of the property, less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, and
improvements to, the property.
(c) If the change of use occurs after closeout, the provi-
sions governing income from the disposition of the real
property in Section 570.504(b) (4) or (5), as applicable,
shall apply to the use of funds reimbursed.
i' (d) Following the reimbursement of the CDBG program in accor-
dance with paragraph (b) of this section, the property no
longer will be subject to any CDBG requirements.
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ATTACMUNT "C" / W / 7
24 CFB. 1 570.603 E
(a) Before disbursing any CDBG funds to a subrecipient, the
recipient shall sign a written agreement with the subreeipie-
nt. This rgreement shall remain in effect during any period
that tho subrecipient has control over CDBG funds, including
pralram income.
j (b) At a minimum, the written agreement with the subrecipient 1
shall include provisions concerning the following items:
(L) Statement of wow. The agreement shall include a
description of the work to be performed, a schedule for
completing the work, and a budget. These items shall be
in sufficient detail to provide a sound basis for the
::eoipient effectively to monitor performance under the
agreement.
(2) RMXd# and Rates. The recipient shall specify in
the agreement the particular records the subrecipient
must maintain and the particular reports the subrecipient
must submit in order to assist the recipient in meeting
its recordkeeping and reporting requirements.
, (3) Prograti income. The agreement shall include the
program income requirements set forth in section 570.504-
(4)Uniform Administrative Re~~ements. The agreement
shall require the subrecipient 'Co comply with applicable
uniform administrative requirements, as described in
Section $70.502.
(5) Other Program Requirements. The agreement shall
require the subrecipient to carry out each activity in
compliance with all Federal lave and regulations do-
scribed in Subpart R of these regulations, except that:
;
(i) The subrecipient does not assume the raoipien-
t's environmental responsibilities described at
Section 570.6041 and
(11) The subrecipient does not assume the recip-
ient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52.
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j (6) Conditions for Religious Organizations. Where j
applicable, the conditions prescribed by SUB for the use
of CDBU funds by religious organizations shall be
included in the agreement.
(7) suspension and -12rmination. The agreement shall
specify that, in accordance with 24 CFR 85.43, suspension
or termination may occur if the subrecipient materially
fails to comply with any term of the award, and that the
award may be terminated for convenience in accordance
with 24 CPR 85.44. I
(8) Reyersion of Assets. The agreement shall specify
that upon its expiration the subrecipient shall transfer
to the recipient any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to
Y the use of CDBG funds. It shall also include provisions
to the use of CDBG funds. It shall also inclu4s provi-
siohs designed to ensure that any real property under the
subrecipient's control that was acquired or improved in
whole or in part with CDBG fun,is in excess of $25,000 is
:y sitherc
(i) Used to meet one of the national objectives in
section 570.208 until five (5) years after expire-
tion of the agreement, or for such longer period of
time as determined to be appropriate by the reoipi
i anti or
(ii) Disposed of in a manner that results in the
recipient's being reimbursed in the amount of the ~
.,current fair market value of the property-less any
portion of the value attributable to expenditures
IIj of non-CDBG funds for acquisition of, or improve-
went to, the property. (Reimbursement is not
required after the period of time specified in
paragraph (b)(8)(1) of this section,)
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24 CPR S 570.504
The receipt and expenditure of f
(a) _RQWXdinet proc[Cam Income 50o( shall be
program incoms as defined in Section 570.a)
recorded as part of the financial transactions of the grant
program.
rn~nse Received b1C RBCioiantm. ~
seout
(1) Program income received before grant clo may be
retained by the recipient if the incom~ici bs treated ia requira$
additional CDBG funds subject to all app
masts governing the use of CDBG funds.
(2) If the recipient chooses to retain program income,
!obits withdrawals of grant funds from
that income shall als fact
the U.S Treasury
in ents to,
(i) Program income in the form of fug as
defined
Section: earned on, be substantially dis-
bursed Section 570.600(b) shall
bussed from the fund before additional cash with
or the
drawals are made Thiamrule dOes~not prevent a lump
same activity. (
provided rehabilitationfor In
sum disbursement tfinance the
privately-owned proportion as
section 570.511.)
(ii) Substantially all other program income shall
theaU.S.
i drib cash before
~ clone
Treasury.
(g) Program income on hand at the time of closeout b aid
continue to be subject to the eligibility requirements
subpart C and all other applicable provisions of this
part until it is expended.
Unless otherwise provided in any grant closeout
(4)
agreement, and subject to the requirements of paragraph ~
(b) (5) of this section, income received after closeout
shall not be governed by the provisions of this part,
except that, if at grant °receivedudirtAris ectly Strom HUD
another ongoing
funds received after olo~an~ program be treated as program
income of the ongoing g
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(5) if the recipient does not have another ongoing grant 1
received directly fro= HUD at the tile* of closeout,
income received after closeout from the disposition of r
reel property or from loans outstanding at the time of
closeout shall not be governed by the provisions of this
pest, except that such income shall be used for activi-
ties that most one of the national objectives in Section
! 570.208 and the eligibility requirements described in
section 105 of the Act.
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PAGE 2
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DATE: Novembe 1; 19194'
CITY COUNCIL AGENDA ITEM
TOe MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM$ Lloyd V. Harrell, City Manager
SUBJECTe CONSIDER APPROVAL OF REVISED ORDINANCE FOR
j LAND EXCHANGE CONTRACT FOR CITY OF DENTON
PROPERTY LOCATED AT SPENCER AND RUDDELL,
ADJACENT TO THE POWER AND WATER PLANTS.
f RECOMMMATIONe
tt~.'' } The staff recommends approval of subject
3 k,.
ordinance.
SU3K%,RY/BACXGROUNDe
ti
kk On Tuesday, October 18, 1994, the City of
Denton approved Ordinance #4a14b, relating to t
the exchange of property near the cities Water
and E}tctric Plant. Thpre was a typographical axr>
error in the ordinance which incorrectly
listed Tom Fouts as the owner Va. Terrano
Reality, Inc. This ordinance is merely a"
` correction of that typographical error.
PROGRAMS. DEPARTMENTS OR GROUPS AFFRCTEDe t
Id I
FISCAL IMPACTt
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a Resp fully a ted, ! r
4 Ll d Harre
City Manager }
Prep, ed b ,
E R. B. Nelson,
Executive Director of Utilities
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1 °'r
Jim Far der,
Director of Electric Utilities
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i~uoooa~a~oVscwos.nw ~cncssNo
~a~~~dulta
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DFNTON, TEXAS, APPROVING A CONTRACT M
PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNED BY THE
CITY OF DENTON AND TERRANO REMnYo INC.1 FOR HE REPEAL
OF ORDINANCE NO. 94-196; AND f
WHEREAS, the City of Denton, in accordance with the
requirements of TEX. LOC. GOVT CODE ANN. 1272.001 (Vernon 1988),
has advertised that for the exchange of a certain tract of real
adjacent to
Dereal nton property
Spencer Road located Power Plant
thepwest side another of the City tract of of
propertys and
WHEREAS, the City Manager having recommended to the City
Council that the said exchange of land be approvedi and
wHEREAS, in accordance with Sea. 12.04 of the City Charter,
the sent al ito continued effective eutproperty described ility services NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~CTiON i. That the City Council of the City of Denton,
Texas, approves the contract between the City of Denton and
Terra no Realty, Inc. providing for the exchange of real property
described in the contract, a copy of which is attached hereto as
Exhibit "A" and incorporated by reference herein.
That the City council hereby authorizes the
City ~geer tomexecute any and all documents necessary to
consummate the exchange of real propert y in accordance with the
contract, and the expenditure of funds incidental to said
exchange.
yCTiON IIi. That Ordinance No. 94-196 passed and approved
October 18, 1994 is hereby repealed.
SECTioN M That this ordinance shall become effective
lamediately upon its passage and approval.
PASSED AND APPROVED this the day of
1994.
i
BOB CASTLEBERRY, KAYOR
e
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i'dRf ~ iYL
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dE.;il~r .t9R)
A''TBSTi 3
IIrM CITY SECRETARY
JENNIFER RA
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9Yi
App} VED AS TO LEGAL FORMS
A. DRl1YOVITCFl~ CITY ATTORNEY
DEBRA
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PAGE 2 j
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311MABGS COMTAAC't
CTATE OF TEXAS
COUNT79 OF DENTON J
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THIS eXC!kR.vGE CONTRACT (hereinafter "Contract") is made as of
t-?s fest#we-date -by and between TERRANO
ereina er referred to as "Purchaser") and CITY OF
DENTON: TEXAS, a home rule municipality, of Denton, Denton County,
Texas, (hereinafter referred to as "City"), upon the terms and
conditions set forth herein.
EXCHANGE AGREEMENT
WHEREAS$ Purchaser owns that certain
tract of land situat n en on county, exas, and being more
particularly described in Exhibit A ("Tract A" attached hereto and
inco rated herein for all u sea
~ to
WHEREAS, City owns that certain tract of land situated in
Denton County, Texas and being more particularly described in
Exhibit B ("Tract B") attached hereto and incorporated herein for
all purporesj and 3
i
Purchaser wishes to acquire Tract B
r and
MHE MS, City is willing to convey Tract B upon the terms aM
conditions contained hersint
k
NON, THEREFORE, for and in consideration
of the sum of Ten and
no/100 Dollars ($10.00) in cash to each paid in hand by the other,
the receipt and sufficiency of which is hereby acknowledged and
confessed, and of the mutual agreements contained herein, Purchaser
and City hereby agree as followss
1. Exchange Agreement
Upon the terms and conditions contained herein, Purchaser
agrees to convey Tract A to City, and City agrees to convey
Tract B to Purchaser.
i
2. No Creation of Additional EncWjbrwnees by Affirmative
Actions. -
A. Between and the
olosi dnts ToM er a reel that Purchaser
w not throng
a r.a ve ac a en aer the
of festive , create any additions eencylim rance a eating
Tract A without the express prior written consent of City.
City agrees that City will not withhold consent to a
proposed additional encumbrance affecting Tract A if such
proposed additional encumbrance has no material, adverse
effect upon the value, development, or use of Tract A. If
Purchaser through affirmative actions taken after
ass create any add ona
{ en rance affecting Tract A without the express prior
written consent of City, Purchaser shall be required to
remove any such additional encumbrance at Purchaser's sole
cost and expense prior to or at the Closing.
B. Between the nd the
closing date, y agrees at cit will not through
affirmative actions taken afters
reats any additions enc rance a acting
Tract B without the express prior written consent of
Purchaser. Purchaser agrees that Purchaser will not
withhold consent to a proposed additional encumbrance
effecting Tract B if such proposed additional encumbrance
has no material, adverse effect upon value, development, or
use of Tract B. If City through affirmative actions taken
after Qw-efffsetiye date oes create any
additions encu rance affecting Tract B without the
express prior written consent of Purchaser, City shall be
required to remove any such additional encumbrance at
City"s sole cost and expense prior to or at the time of
[ closing.
Closing Date.
The closing shall be held at the office of Southwest Title
Company, Denton, Texas, on or before
at such time, date, and place as City and Purchaser may I
mutually agree upon (which date is herein referred to as
the "closing date").
4. Deliyoxy of Deeds. Easement Agreement and Possession.
A. At the Closing, Purchaser shall: (i) execute, acknowl-
edge and deliver to City a General Warranty Dead conveying
Tract A to City (the "Purchaser Desd"): 11 deliver
cession of Tract A to Cit : ii i) pay it
Dollars in cash
PAGE 2
__--1-=L~'U b ob ~ ~
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City shall: i execute, acknowledge,
8. At the Closing, warranty need s
and deliver to Purchaser a ~ee#a3
(ii)
and
or "Ci
to Purchaser.
conveying TTract B to Purcha raction of Tract B
del po
C. At the Closing, Purchaser and City shall execute,
each to the other, that certain
an,. deliver,
r
acknowledge,
Easement Agreement (herein so called) whereby Purchase
grants to City an easement over and across land owned by
Purchaser, such easement to be for the benefit of Tract A. ;
Tax LiabilitY•
5, Dreeo
A---Purchaser hereby Agrees that Purchaser will pay all
1994 property taxes levied or assessed against Tract A.
%%a 1111' H 1: 14 11! 1 11, 1
Do"
6, ~losino Coats.
A. Purchaser will pay the filing fees for the City Desd,
I and City will pay the filing fees for the Purchaser Deed.
E B. If Purchaser desires to obtain a tie premium c epolicry.
covering Tract B, Purchaser shall pay covering
If City wishes to obtaina title premium therefor. policy only one
Tract Al City shall pay t t
party desires such title Insurance, ies esire tarts ay seeleclec
the title company* If both pa
than it is agreed that the title insurance company shall be
Southwest Title Company.
C. If there are any closing costs not allocated to y
costs shall be paid
City herein, same such closing
j Purchaser or
by the party incurring
7. y syAc ien of Prooert_ -
A. For a period ,
r ser agrees to allow city to enter upon Tract A for
the purpose of inspecting the sane, and for the purpose of
conducting such environmental tests, feasibility studies,
j
and other tests or studies the city deems advisable. if
city, in city's sole discretion, is not satisfied with such
PAGE 3
a_
wsr~
w.wn
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ir,sPections, tests or studies, City may terminate this
Contract b ivin written notice of termination to
Purchaser 25
n
the event City term Hates this Contract ursuant to this
paragraph 7, City agrees to restore Tract A substantially i
to its condition prior to Cityls entry.
B. For a period
aqr se to allow Purchaser to enter upon Tract B for the
purpose of inspeoting the same. If Purchaser, in
Purchaserfs sole discretion, is not satisfied with such
E Inspections, Purchaser may terminate this Contract b
ivi written notice of termination to City
terminates this Contract pursuant to tthisVe paragraph 67,
Purchaser agrees to restore Tract A substantiallo its
condition prior to Purchaser's entry.
8. RaRresentations and M►a ran ies.
A. Purchaser represents there are no toxic or hazardous
wastes or materials on or within Tract A. Such toxic or
hazardous wastes or materials include, but are not limited
to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as
j amended, and the Comprehensive Environmental Response +
Compensation and Liability Act (CERCLA), as amended.
B. With respect to Tract A, the City of Denton assumes the
risk of and agrees to indemnify and hold Purchaser harm-
less, and to defend Purchaser against and from all olaims,
costs, liabilities, expenses (including without limitation
court costs and attorneyfs fees), or demands of whatsoever
nature or source for any defects or Environmental Problems,
latent or obvious, discovered or undiscovered, in the real
and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including
without limitation employees, agents or contractors of the
city of Denton, Purchaser or any third party), or causing
prn'erty damage or destruction of whatsoever nature or
coAtamination to thn environment (including without
limitation property of the City of Denton or Purchaser, or
' property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or
events occurring after Closing.
C. With respect to Tract A, Purchaser assumes the risk of
and agrees to indemnify and hold the City of Denton
harmless, and to defend the City of Denton against and from
all claims, costs, liabilities, expenses (inoludin,:without
PAGE 4
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8 abi~
limitation court costs and attorney fees), or demands of
whatsoever nature or source for any defects or Environ-
mental Problems, latent or obvious, discovered or undiscov-
ered, in the real and chattel property to be conveyed
hereunder, causing personal injury to or death of persons
whomsoever (including without limitation employees, agents ,
or contractors cf Seller, the City of Denton or any third
party), or r!susing property damage or destruction of
whatso-vrr nature or contamination to the environment
(including without limitation property of Purchaser or the
City of Denton, or property in its or their care, custody,
or co►:trol, an; third party property), arising out of acts,
omissions or events occurring before Closing.
D. With respect to Tract 8, the Purchaser assumes the risk
of and 4greea to indemnify and hold Pureheeee-harm-
ices, and to defend Purehasee-igga nst and from all i
claims, costs, liabies, expenses (including without
limitation court costs and attorney *s fees), or demands of
whatsoever nature or source for any defects or Environmen-
tal Problems, latent it obvious, discovered or undiscov-
ered, in the real and chattel property to be conveyed
hereunder, causing personal injury to or death of persons
whomsoever (including without limitation employees, agents
or contractors of the City of Denton, Purchaser or any
third party), or causing property damage or destruction of
whatsoever nature or contamination to the environment
(including without limitation property of the City of
Denton or Purchaser, or property in its or their care,
custody, or control, and third party property), arising out +
of acts, omissions or events occurring after closing.
i E. With respect to Tract 8, the City of Denton assumes the
risk of and agrees to indemnify and hold the I ! "ty
of Denton harmless, and to defend the
DeMon--against and from all claims, cos S. a ilities,
expanses (including without limitation court costs and
attorney fees), or demands of whatsoever nature or source
for any defects or Environmental Problems, latent or
obvious, discovered or undiscovered, in the real and
chattel property to be conveyed hereunder, causing personal
injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of Saller, the
City of Denton or any third party), or causing property
damage or destruction of whatsoever nature or contamination
! to the environment (including without limitation property
of Purchaser or the City of Denton, or property in its or
their care, custody, or control, and third party property),
arising out of acts, omissions or events occurring before
Closing.
"Environmental Problems" means any cause or action under
the federal Comprehensive Environmental Response Compensa-
PAGE 5
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tion and Liability Act of 198o (as amended) and any cause
or action arising from similar federal, state or local
legislation or other rules of law, and private causes of
action of whatever nature which arise from environmental
damage, toxic wastes or other similar causes.
90
Authority. #
I
A.
Purchaser, and it neceasa~ y agrees to furnish to
written evidenca of the authori y of then s Title Company,
this Contract on behalf of the city. City)aq=®eetitnog
furnish to Purchaser, and if necessary, Purchaser's Title
Company, at or prior to the Closing written evidence of the
authority of the party(s) executing the City Deed on behalf
of the City.
With n-F44t---
City, and if necessary, ' urc aser agrees to furnish to
City s Title Company, written
evidence of the authority of the party(&) executing this
Contract on behalf of Purchaser. • Purchaser agrees to
furnish to City, and if necessary, Cityla Title Company, at
or prior to the Closing written evidence of the authority
of the party(s) executing the Purchaser Deed on behalf
Purchaser.
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11. NoCOm_issions.
Purchaser and city warrant and represent to each other that
no real estate brokers', agents-'# or finders' fees or
commissions are due arising in connection with the excharnje
of Tract A for Tract B. from the execution of this Contract
or from the consummation of the transactions contemplated
heroin, and each party hereto hereby agrees to indemnify
and hold the other party harmless from claims made by any
person for any such fees, commissions or like compensation
claiming to have dealt with the party so indemnifying tha
other.
12. Emma".
If Purchaser breaches any of the agreements of Purchaser
PAGE 6
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#.41111
43
1o 41y
contained in this contract and such breach is not cured
within fifteen (15) days after City has delivered written
notice thereof to Purchaser, City at City's election may
either terminate this Contact; or seek all other remedies
set forth in this Contract or available at law, in equity,
or by statute, including specific performance; provided,
however, if Purchaser is unable to deliver title to Tract
A free and clear of any encumbrances, City's only remedy
E shall be termination of this Contract unless the encum-
bronco in question is an encumbrance created after
y the affirmative act Tons o
rc aser to which city did not. consent in writing, in
which event city shall be entitled to exercise all of the
remedies set forth hersinabove.
1
I If City breaches any of the agreements of City contained in
this Contract and such breach is not cured within fifteen
(15) days after Purchaser has delivered written notice
thereof to City, Purchaser at Purchaser's election may II
either terminate this Contract; or seek all remedies set 1
forth in this contract or available at law, in equity or by
statute, including specifio performance tprovided, however,
if City is unable to deliver title to Tract B free and
clear of any encumbrances, Purchaser's only remedy shall be
termination of this Contract unless the encumbrance in
question is an encumbrance created alter
by the affirmative actions o y to
which Purchaser did not consent in writing, in which event
Purchaser shall be entitled to exercise all of the remedies
set forth hareinabove.
I, 1
13. Attoraay's Fees.
Should either party to this Contract commence legal
proceedings against the other to enforce the terms and
provisions of this contract, the party losing in such legal
proceedings shall pay the attorney's fees and expenses of
the pa+.ty prevailing in such legal proceedings.
14. Timl~LSdYQII4S•
Time is important to both Purchaser and City in the
performance 0 this contract and they have agreed that I
strict compliance is required as to any date set forth
herein. if the final date of any period which is set forth
in any term or provision of this Contract falls upon a
Saturday, Sunday, or legal holiday under the laws of the
United States or the State of Texas, then, and in such
event, the time of such period shall be extended to the
next day which is not a Saturday. Sunday, or legal holiday.
PAGE 7
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15. tices.
i
Any notice required or desired to be given to either party
hereto shall be deemed to be delivered (i) on the date of
delivery, if hand delivered, (ii) one (1) day after
sending, if sent by overnight courier, or (iii) if sent by
sail, the day the sane is posted in a U.S. mail receptacle,
postage prepaid, certified mail, return receipt requested,
to the address of the applicable party sat out above such
party's signature hereinbelow. Either party hereto may
change such party's address for notice, but until writtea
notice of such change of address is actually received by
the other party, the last address of such party designated
for notice shall remain such party's address for notice.
i
16. Severability.
if an term or
any provision of this Contract is hold to be
illegal, invalid, or unenforceable, the legality, validity,
and enforceability of the remaining terms and provisions of
this Contract shall not be affected thereby, and in lieu of
each such illegal, invalid, or unenforceable term or pro-
vision there shall be added automatically to tnis Contract
a legal, valid, and enforceable term or provision as
similar as possible to the term or provision declared
illegal, invalid, or enforceable.
i 17. Naive
r.
Either Purchaser or City shall have the right to waive any
requirement contained in this contract, which is intended
for the waiving party's benefit, but, except as otherwise
specifically provided herein, such waiver shall be effect-
ive only if in writing executed by the party for whose
benefit such requirement is intended.
18. Cumulative Rights and Remedies.
7
Except as specifically limited herein, no right or remedy
set forth in this contract Is Intended to be exclusive of
any other right or remedy set forth in this Contract or by {
law provided, but each shall be cuaulative anti in addition
to every other right or remedy set forth in this Contract
or now or hereafter existing at law or in equity or by
statue.
190
S03iti^~14•
The captions usei in connection with the articles and
sections of this contract are for convenience only and
shall not be deemed to expand or limit the meaning of the
language of this Contract.
PAGE 8
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20. age of Lanquaae.
Words of any gender used in this Contract shall be held and 11
construed to include any other gender, and words in the
singular shall be held to include the plural, unless the
context otherwise requires.
21. Exhibitd.
ALl exhibits, attachments, annexed instruments, and addenda
referred to herein shall be considered a part hereof for
all purposes with the same force and effect as if copied
verbatim wherever reference is made to same.
22. M Retresentations gr Warranties. j
i
Except for the warrant of title contained
in the City Dee
Purchaser rs y ac ow a qes a y as no Race
any xepresentatiors or warranties to Purchaser with respect
to the suitability of Tract B for any intended use, the
condition of Tract B (including soil and sub-soil condi-
j
tions), the appreciation or income potential of Tract B.
the toning of Tract B, the platting of Tract B, avail-
ability of utilities to Tract B, access to Tract B,
requirements in connection with any development of Tract B.
or any other matter whatsoever. Purchaser further acknowl-
edges and agrees that Purchaser has investigated all
sitters of concern to Purchaser with respect to Tract B
prior to the of feet nd that Purchaser `
s not re on an representation or warranty from the
City with respect to such matters except for the
ppesial warrant of title contained in the City i
Jil 22. Entire Agreement.
This Contract embodies the entire agreement between
Purchaser and city with respect to the subject matter
hereof and supersedes all prior agreements whether written
or oral. j
240 AMADUSD.Lt•
Except as otherwise specifically provided herein, this
Contract may not be amended, varied, or terminated except
by an agreement in writing exem-0 by both Purchaser and
City.
25.. Binding Effect.
Except as otherwise provided herein, this Contract shall be
f binding upon and inure to the benefit of Purchaser and city
1 PAGE 9
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j and their respective successors and assigns.
I
d"s -0-her parlay signo o ttrasts
y EXECUTED by Purchaser and City
PURCHASEM CITYs
TERRANO REALTY, IHCr
1lddresst 2303 Campbell Rd. sea ess1DE215NE. McRinney
...A
Houston, Texas 77055 Denton, Texas 76201
s ' syl BYE _
' roM- MCCORMACx, PRESIDENT LIAYD V. HARRELL, CITY MANAGER
ATTEST t
J-30 FER HALTERS, CITY SECRETARY
Sys
APPROVED As TO LEGAL FORMS
a.. DEMA A. DRAYOVITCH, CITY ATTORNEY
~ I 8Ys ~ ,f.
' STATE OF TEXAS
COUNTY of DENTON rd
This Instrument was acknowledged before ms on the day of
1994 by John ?ScCoreack, PresidenFWTsrrano
E Rea y, Inc.
NOTARY PUBLIC IN AND FOR TEXAS
j
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STATE OF TEXAS i
COUNTY OF DENTON
This instrument is acknowledged before me, the on
by LLOYD V. HARRELL* City Manager, of the City of Denton,
a munloi I corporation, known to me to be the person and officer
C whose name is subscribed to the foregoing instrument and acknowl
edged,to as that the same was the act of the said City of Denton,
Texas, a municipal corporation, that he was duly authorized to
perform the sase,,by appropriate ordinance of the city Council of
the City of Denton and that he `executed the same as the act of the
eaid'My for urposo and consideration therein expressed, and in
thecaPesitY ".therein stated. ,
` NOTARY PUBLIC IN AND FOR TEXAS
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PAGE II
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CITY COUNCIL AGENDA PACKET
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AGENDA
I CITY OF DENTON CITY COUNCIL
November 8, 1994
Special Called Meeting of the City of Denton City Council on f
} Tuesday, November 8, 1994 at 5s15 p.m. in the Civil Defense Room of
4 City Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
5:15 P.M.
NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
s 1. Closed Meetings
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
10 Receive a report, hold a discussion, and give staff
direction relating to the audit of GTE's franchise
fee payments.
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
Work Session of the City of Denton City Council on Tuesday,
November 8, 1994 at 6:00 p.m. In the City Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considered:
NOT8s A Work Session is used to explore matters of interest to
one or more City Council Members or the City Manager for the
purpose of giving staff direction into whether or not such matters
should be placed on r future regular or special meeting of the
Council for citizen input, City Council deliberation and formal
City action. At a work session, the City Council generally
receives informal and preliminary, reports and information from City
staff, officials, members of City committees, and the individual or 1
i
organization proposing council action, if invited by City Council
or City Manager to participate in the session. Participation by
individuals and members of organizations invited to speak ceases
when the Mayor announces the session is being closed to public
input. Although Work Sessions are public m__e~eett~ingg,s__# and citizens
have a legal right to attend, they are not public hearings, so
k citizens are not allowed t) participate in the session unless
invited to do so by the Mayor. Any citizen may supply to the City
Council, prior to the beginning of the session, a written report
regarding the citizen's' opinion on the matter being explored. I
Should the Council direct the matter be placed on a regular meeting
agenda, the staff will generally prepare a final report defining
the proposed action, which will be made available to all citizens
prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the
regular meeting the opportunity to hear the views of their fellow
citizens without having to attend two meetings.
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City of Denton City Council Agenda
November S. 1994 pro
Page 2 AP*
6100 P.M. 1. Receive a report, hold a discussion, and give staff direction
Z regarding a proposed road hump policy.
2. Receive a report, hold a discussion, and give staff direction
regarding the selection of a City Attorney.
3, Receive a re
part, hold a discussion, and glue staff direction
k regarding the re-write of the zoning ordinance.
r
i,. 4. Hold a discussion and give staff direction regarding City
Council agenda preparation.
+ 5. Hold a discussion and give staff direction regarding Council
attendance at the UNT and TWU Board of. Regents meetings.
6. Consider approval of a resolution recommending that the Denton
Main Street Program be entered into the Great American Hain
' Street Awards.
C E R T I F I C A T E
I certify, that the above notice of meeting was posted on the
bylletin board at the City Hall of the City of Denton, Texas, on
the. day of 1994 at o'clock (a.m.)
CITY SECRETARY
NOTES 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 49 HOURS IN
ADVANCE OF THE SCHEDULED MEETINO. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-9309 OR USE TELECOMMUNICATIONS V~;•
DEVICES FOR THE DEAF (TDD) BY CALLING 1-900-RELAY-TX 80
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0224
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CITY
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CITY OWNCIL RSPORT IMMI _ II ~7C ql~
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f DATtm October 27, 1994
TOm Mayor and Members of the City Council
i
FROMm Lloyd V. Harrell, 'City Manages
8tJMM Speed Bump Policy `
MOOIDl8MWIOKr
I.
Approve Speed Rump Policy Ordinance,
anwurtY m
Ham begin considered and approved by Traft c safety Commission in 1991 and 1994
with a successful Oteat mite` at North Lakes.
03Cii~.l
Concept _is 10 + years old. Dallas policy is basically copied except for 'ID
statements chaaW to Denton.
PlDORAMl. UPARTMIMTS. ORCOPS AR19Mn:
Ttaffic,r Inforcement, Police,' sagineering a Tranaportatioa, Citizens# and
r. ~ 1lelQhboshoods
Tio humpa cost' approaLsately $1,000 each to build. tacA neighborhood will
inquest 2-4 rat a r imism. ,those in the, C080 areas are at City, cost. Me need to
qet CDrO'reimbursement or limit the yearly expenditures of funds since they *0"
out of street 'paving accounts.
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Jerry GA&C
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ALa00198
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Date 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
ADOPTION OF A POLICY FOR THE INSTALLATION OF DEVICES TO SAFELY
REDUCE VEHICLE SPEEDS ON CERTAIN TYPES OF STREETS1 PROVIDING FOR A `
SEVERABILITY CLAUSE$ AND PROVIDING FOR AN EFFECTIVE DATE. !
WHEREAS, the City Counoii of the City of Denton, Texas, is of that
the li promote a safe reductionaofovehof ce icle s app ds; and a on streets
the oinio wHEREAB, the City Council of the City of Denton, Texas, desires
! to adopt a policy for the installation of these devices in conjunc-
tion vith citizen partioipationi NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON# TEXAS HEREBY ORDAINSs
That the, City of Denton hereby adopts a policy for
the nstallation of road, humps on certain residential streats, a
copy. of skid policy is attached hereto as Exhibit,A and incor-
porated by reference herein.
SECT;gIIIi_.That ,pursuant to the authority providrd in DENTON
'r TEX.' REV., ORDINANCE8, sac. 19-3 (1991), the City Engineer - is
yW
directed to implement this policy and is authorised to insteli road !
hump devices on certain City streets pursuant to the provisions
contained in said policy.
BECTiON tit, That the provisions of this ordinance are
separable, and the invalidity of any phrase or part of this
rem the validity or effectiveness of the
ordinance shall not affect
ainder of the ordinance.
p~e11 tV. That this ordinance shall be effective immediately
upon its passage.
PASSED AND APPROVED this the day of ► 1993.
BOS CASTLE BERRY, MAYOR
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Date N-
30~ .S -7 I
E ATTESTS
JENNIFER WAIIPERS, CITY SECRETARY
sYr I
APPROVED AS TO LEGAL TOR![!
DEBRA As DRAYOVITCN, CITY ATTORNEY
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CRY of DENTON, TEXAS MUN1C1P4L BUILDING 215 E MCKINNEY a DENTON, TEXAS 76201
(817) 568-8200 DFW METRO 434.2529
?DIMORANDUl1 _
DATtri October 26, 1994
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1 T0~ Rick BVShla, Deputy city manager
' Mug Jerry Clark, Director of engineering i Transportation
SgsJICTi, Speed Hump Policy
` L This policy war first received by City Council on October 12, 1993. The Coun--1 1
'reviewed the design and promises for operation but felt that a test section re
appropriate. The North Lakes Neighborhood Association on Parkside and Bowling e
Green streets was selected based on complaints and the proximity to the major
+r ` ' recreation cowilex and fields.
The neighborhood was polled to see It they were interested in Kovember 1993 with
i 904 in favor of the trial sits. A map is attached showing the location of the
{C' 3 humps. You were also driven over them on your Cfp tour this year. This trial
k.,+,..?k went from January 15th to August 30th, 1994. This final poll, based on actual
trial results is as followst a`
Ilk
52 Favor .
B Opposed
e' PS T
4 Vacante I Uncommitted
This approval is sl• which is a 01 majority which meets the Counoii'r 4Z
~ requlrsmentr.
staff has also observed relocation of traffic that had previously shortcut to
Windsor (aided by recent 30 mph speed limit). Speeds are also much slower as per
' residents and start observation. The bumps force drivers to slow down to 25 mph
. ± and 20 mph for a smoother crossing. '
a " Staff recoemende that this policy be implemented based on positive experiences
+ in Dallas, Richardson# and considering that other cities in this area are
currently considering speed humps. We do not have adequate police manpower to
regularly patrol these problem areas 24 hours • dry. A physical barrier that is i
legal seams the only solution.
The humps have a unit cost of 11,000 each. As ppeer the attached CDBG area mapp,
b most of Denton will be eligible for free speed h s. The City council sho+.ld
consider a fiscal limit of 410,000 or at most 220,000 per year since the funds "..e'
? will come out of street maintenance. We may also went to consider gstabllahinq ,
a line item in the budget specifically for this program.
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ASS0044A
"Dedicated to Quality Service"
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CITY OF DEMON
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'fix ' , , ROAD HUMP `PROORAM
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FOR RBSIDBNTIAL STREETS
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j CITY OF DENTON ROAD hT P PROGRM Agrgolt /
Dat6
The Clty of Denton receives many complaints regarding speeding vehicles on
residsatial attests. Many raatdents have concerns about the lack of safety for
their children and their neighbors due to this problem. Police enforcement
F remains the most effective means of dealing with Speeding but their 1Lmited'%
resources means that they cannot cover all the problem locations at all tiros.
In response to this concern, the City has developed a Road Plump Program to
{ minimise speeding and encourage traffic safety. The Program provides an
opportunity for residents to participate in a process that leads to the
i Installation of road humps. Here are some AL99412M from the program.
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WHAT Is A ROAD HuMP2
h o It is na the typical bump you s*e in a shopping center parking lot.
' o It's a pavement overlay placed on the roadway 13 feet in lar he about
. 3 inches high and extends the full width of the street from curb to curb.
x The ends are tapered to be flush with the street at the curbs and gutter
Y to allow water to drain. usually several are placed along the street.
T3tnR COM Mr AM-f RRCOMS snLu=
o A petition supplied by the Department of sngivaeriag and Transportation
is needed signed by at least two thirds of the residents in the petition
area.
o only streets that generally have low density residential uses with not ;
f more than one moving land of traffic In each direction are eligibleo
t o The street cannot be an identified primary routs for emergency vehicles
or listed on the Thoroughfare Plan.
F'. o Current measured speeds of vehicles oust be 35 so or greater.
~Q 2■ RsaPaHSiala •OR THS COAT CP TH! Rl1aD HtfMP IHaTALI.AT101f2
o The cost may he paid by the residents or shared with the City according
to how ouch of a spsedlnt yroblem there is on the street.
o The City will be responsible for the full wet it the street is located
in a community development grant block area,
o streets that request City funding are ranked according to their speeding
problem on an annual basis. If the City's available funds for this
program are not sufficient to install road huspe on your attest in the
d first year, it will remain eligible for 3 additional years. However, in
each of these additional years, your street will ones again be ranked
against all existing and new requests for available funds.
e How Do i oo Amon aming RCAD HuMPm IHaTALt`[nt
- -
V
o call the Department of snginesring and -'ransportatLon at $66.6366.
o A swilling will be scheduled with the Road Hump coordinator to provide
full details on the program and to outline the petition arses
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ROAD HUMP INSTALLATION POLICY
I
A. OyiRR11L
Road humps are an effective and appropriate device for safely reducing
vehicle speeds on certain types of streets when installed in accordance with
the provisions of this policy. '
in order for road hump installations to be effective, they should be located
selectively in accordance with defined transportation engineering criteria
for the purpose of ameliorating doeuwnted spesdlnq problems. Proper i
installation will also minimise driver frustration and encourage safe
driving practices.
This policy promotes reasonable opportunities for residents and property
owners most affected by a proposed road hump to participate together in the
process that leads to its installation. It also provides for a sharing of
the road hump installation Best between the City and the neighborhood under
certain conditions. i
8. D=PINITIONS t
for the context of this policy onlyt
Amotentom for road humps include the petition!
MW 013.18111 USIDSWUL Dlfild.IMOS include single-fully houses; townhoueae,
dupleaeen triplexes and fourplexesl
WD MAP is a ~4*o"tric design feature of a roadway, consisting of a raised
f area At the roadway pavement surface extending transversely across the
trawl way, whose prtaary purpose is to reduce the speed of vehicles ~
trave1jiq along that roadway
SPUIW are tbtb percentile speedsi
8371Z1iT refers to the stc"t length that must be petitioned. tt is a 1,000
j toot segasnt generally centered on the location of the buoys, or the length
of the block,'. whichever is greater. it the 1,000 foot segnent extends into
' LaypaA of an adjaoeat block, !t includes the entire length of the adjacent
blocko' unless "Darated by an intervening thoroughfare# traffic signal or
offset intersection.
O. 1tLI010ILiTT 11EQ►fiR>p1~IT8
All of this following criteria must be satisfied for a street to be is
considered eligible for read hump installation.
A petition that documents that a ainims of two-thirds of the
households In low density residential dwellings on the street support
its installation.
96 Soscation of the street
The uses on the street where the ' road hump is proposed suet be
cnopeeed primarily of low density residential dwellings.
AAA01819
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a-nw~aNo._.[~ r-
' AgeodMl
} Data _ -9 page s
4 8dI s~
3.
a, the street meet aced to provide access to abutting low density
coll Properties (local reeidential street) and/or to
y collect ect traffic for each streets (rasidelansiof trattic ,La each
direction. than one moving
b. The must be ao Mrs
c. must be more than 600 vehicles per day but leas
Traffic volumes
than S,ooo vehicles per day.
exceed the speed Of 35 miles per hour
eds must e Val or
. Vehicle ape
d
{mph). or emergency
vehicles) this 'afo that is heavily used due to the
e. The street must not % to idev a that ts heavil These roues are
t
of
proximity
subject to change'
f. The street must have a speed limit of 30 mph as determined in
accordance with State Law.
---e.riaties Of The Sleeet
4. equ iq l
s. Ths street must have mad dente :dhtby dithe CDepartment teo!
et the hasp rtation. i
accoer bate
engineering mad Ttanspo ;
grades that prevent sale
b, The street must not have curves or on streets that
may be located
placement Of the huspe. 9 is, but the hump itself mwat not be
contain curves mad/ot jrade
horisontal swoaches.vertieal grads greater
located within a
than N or 01% their immediate app
C. The street must be paved. I! there are u curbs. a special dsmiga #
must be used to prevent vehicle run-aroue►ds.
d, The elevation of property adjacent to a rump location must be
b the DOpartsent Of engineering,
above top of curb, to dstssmiae8 Y Nntial flooding des to the
and team the e ion, in the toos&&&Y
Presence of f th bump
D COST USPONSISMITY pavement saskings ;
The cost for the road bump installation (including signs, pa and rail)
ands it meoessary, special design features such as curbing much the
may be pMrW between the City and residents according
oais the cost street sharing exceeds the Speed Criteria as defined in
measured sr+eed is defined as follows
.d. Th
section C.
COST SNAA:" TAILS
esth PIACIITILs SPM PJSiDBKT's coat aws
36 mph loft
36 mph 60%
37 mph 601
3S mph 106
39 mph 10%
>39 sph G%
AAA01617
'.000 v
For a streaL located in • Communityy Development Block "rant (CagO) ar aag
c the
cost zesponslblllty of the reaidinta is 01, rogardleas o! !ha Measured
sp~b• the coat ter trsuponansportation anglneerlnq studies and maintenance of
the road hump is the st Alco of the City, Ths taro anten, eA
i used in coat ehulnq, does not ecaeurily refer to the petitioners.
City anddcocould the paid h&rs Of by one or mon Of tthat is Ae read n
the ta or POnom other pof It is vate
the
sources, hstandtnq the peo tte a Ao! the foregoing cos! ahastng
E table, resident danty be ab l* to 0
a a mp installation by voluntarily
Dying the full installation cost.
ROl1D HW "MOM A" A4TMTIO*
The Process; for
k road llap ramoeal or alteration by residents 1s the same as
the process for installation, except that there is ao
cost sharing. City Participation in !
EEE
r• ROAD Bum Imm-lolf
h ^y
E A
road
aa•t not be
o located in !r
b on!
neets to #@ glacemsat or, in the case
obj of gsopppeeerty it the occupant
density au+ltiple dwllings, it a majority'o! the it Protoldi c e pr low
ect to its placement. Tultillmant Of this r 04 th
responsibility of the Applicants). equisemaat is the
0. DESIGN aTANDAMS MD Pp4aDUAis
The City Engineer s1sa31 prepare and maintain currant design standards and
installation procedures for road humps in accordance with this policy.
as~wasssxrMT
The Clay staff will reassess this Policy on an annual basis for three years.
The first reaaaesameat is due one year after the installation of the first
road husp,gnder provisions of this policy.
i
No 9 .fig
Aeft
76
111 r
~ . god ^r,
AwlaI?
,
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IF■
i6a~r p'y
PROCEDURES FQR ROAD HUMP INSTALLA'Lwall
D
1. The initial request for the installation of road humps must originate frog
the residents living on the street. A request in writing from a resident oe
representative must be forwarded tot
Road Hump Program
Department Of ingLneering and Transpor'.u ion
City Hallo 21S X. McKinney
Denton, Texas 76201
preminary determination of eligibility based on available traffic data
2. A li
will be made in a timely manner.
j
A. It the street Is determined not to be eligible the applicant(s) will be
notified in writing giving the reason.
S. The decision may be appealed in writing to the Director of Ingineering
and Transportation within 1S days of the notification date. The Director
will review the determination and respond to the applicant(s) within 30
i days of the appeal request.
C. If the street is determined to be eligible for consideration, a meeting
f will be arranged between the applicant(s) and staff to Wine the
petition area, the approximats road hump location range and whether the
location(s) would bs la a community Development Block Grant (CDBG) area.
The applicant(s) will be instructed to submit a petition indicating that
a minimus of two-thirds of the low density dwelling households on the
street support the installation of road humps as provided in the Road
Huoop Policy. Only petition forms ,supplied by the Department of
engineering and Transportation or exact duplicates may be used for this
purpose.
3. After verification of the petitions, the Department will conduct the
necessary transportation engineering studies and solicit comments and
recommendations of other agencies. A determination of the street's
eligibilLty for road bump installation will be made in a timely manner,
based on the Road Hump Policy.
A. it the street is determined not to be &IL ible for road hump
E iastsllatloar the applicant(s) will be notified in writing giving the
reason$
vs The decision may be appealed in the some manner as in Section 2.
Co It the street is determined to be eligiblsr the street will be placed on j
a u~ of streets die~le for read home n■tallatiee.
4. The Department of Raglnesriny and Transportation will make a determination
of the total installation cost and the cost sharing rosponsibilLty of the
resideats, if applicable, aceoediag to the Road Hump Policy.
6. Once eligible for road hump installation, owners of real property lying
within the notification area will be notified of the action by the
Department of Ingineerlt►g and Transportation. The notification area
consists of the area wLthiin 200 fast of the boundary of the street. The
measurement of the 200 feet includes streets and alleys. The notice will
include a return form to indicate support or objection to the proposed
installations
6. It owners of 20 percent or more of the real property within the notification
area object to the installation within 30 days of the notice, then the
/treat will be removed from the list n! streets eligible for road hump
and a lic hearing will bo scheduled at the city council.
Mot eat en o! the fiearinq will include the applicant(s) and owners of real
property within the notification area. In addition, a reasonable effort
AAA01017
-OWN
agendaNo q~~~7,T
Ageodal;er,~..ra
Will be made to notify each low density cssidsntiaA~bussh~ld=~~~n~-t s
street and area neighborhood associations of the public hearing, 7
m 7. If owners of less than 20 percent of the real property within the
notification area object to the installation or the city council approves
the installation after a public hearing, then the Department of Sngineering
and Transportation will place the street on a list o[ streets aeorened !or
road hump lnatalJetton.
0. Depending on the method used to pay for the cost of the road hump
installation, either section Sh or Section SS will apply. Section SA will
apply if there is no City participation in the poet ( e. the cost will be
to ly paid with voluntary private funding). section BS will apply it the
residents request any City participation in paying for the cost o
hum inst of the road
p Installation, it that option is available under section D of the Road
Bump policy.
A. once a street is placed on the list o! streets aoezoved for read h e
lnetallstion, the City will submit a statement to the representative of
the residents for the cost of the road hump installation. Upon receipt
of payment of the cost, the humps will be installed as scheduling
permits. It full payment has not been received within one year from the
statement date, the street will be removed from the list of streets
aDOroved [or road home installation and all monies received, 1f any,
returned to the payer.
-OR
E. (1} The City Engineer will submit a report on an annual basis containing
a 131st o[ streets aee12ve6 for road h that requite City
funding, either n whole or part, in a request for funding to the City
Council. The report will rank the requests in an order of priority
dotermined by the following calculation:
p RAMUEO ITRW VALUE
I • vehicles exceeding speed Criteria I daily
traffic volume •
2 number of schools, puke, churches or
inratitutlons oa street (maxLmnm of 2) X SO •
3 • of petitioning households on street
requesting humps E 13 ■
E { number of reported accidents in previous
12 month period 1100 ■
RAIIRIIlO SUx (1+2y+{~ .
(2) The street yielding the highest numerical value troy the above summation
will be considered to have the highest priority. The street with the
earliest application data will have the highest priority among streets with
the same VANAtion value. The report will contain the above ranked list of
struts , together with the speed,
vehicles per day, ranking sum, w her the location is in CDEO area,
estimated installation costs, City's cost share, residents' cost shays,
application date, payment due date and cumulative City cost share. The
report will additionally list all road bump requests subsequently denied by
the Director of Inglneering and Transportation under provisions of Section
22 and 38, in addition to padding requests: A street that does not receive
road hump installation funding approval will automatically be considered in
the following yearn, for a maximum of 3.additional years. After that time
period, a new request and petition are required.
(3) when a budget amount for road hump installations has boom approved by
the City Council, the Department of Engineering and Transportation will,
AM01817
f1f erx•:er+~.
Page 6 ;
i j starting at the top of the ranking list and proceeding In descending order,
determine which installations will be funded from the budgeted amount.
Represertatlvss of the applicants for all a=roved road h= installations A
will be notified of which requests have been funded for the Coming fiscal
Year.
L
(4) Installations not Included in the group to be funded can be approved it
their full installation cost (includinq the City's share) is voluntarily
paid, as provided in Section SA.
i (S) If City funds resuiin'after the determination of which installations will
be funded from the budgeted amount, or if allocated City funds become
available by non-payment of Invoiced amounts under provisions of Section S,
these funds can be applied towards the highest ranked non-funded
installation on the ranklag list. Should then funds be
lasuft
isle
aL to
cover the City's portion of that ip
stn
llatloa
and the a 1
want to voluntarily tM differanee pp lea tie) do not
pay , these funds can then Ma be suds
available towards the second highest ranked non-funded installation on the
ranked list; then the third highest; and so forth.
i6) The City will submit a statement to the representative of the residents
fior any cost based on the provisions of the Road Rump Policy, It will list
the total cost, portion to be paid by residents and the portion to be paid
by the City. Upon funding approval and receipt of payment of the residents'
share, the humps will be installed as scheduling permits. It p~ymeat of the
residents' share, it any is required, has not been received within one year
from the statement date, the street will be removed from the PA`S
aDDrerad for road h wo installation and all monies received, t +pY,
returned to the payor.
I
9'u.dg~
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AAA01~1'T
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4.
ROW NUNP MITION Appal
Die ' Q ►7
between 1"3 and
That undersigned hereby petttLoa for road humps on
I understand that signing this peton doe not obligate sr to financially participate In
their cost, "Is* understand that the provisions of the Road Hump policy contains Provisions for sharLnq tMlr
' installation cost between the City and residents and that the road humps will aot be instalaed if the ruidents' share I$
not paid.
Saturn petition forms tat (load lump Program Coordinator, Department of Sngiasering and Transportation
City Nall, 215 X. McxLnnsy. Denton, TX 76201
i OX TO INSTALL
IN rWWT Or, INSTAXIA1IOM
Con PIM0
ADDRUS WMi forLat) SMUT= PHONS t MIABeSiaistial) ANOCNT=S
1
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(}Iq ItI.ZbN ooNTA'6T PNRPAW !OR THIS NWXSTI - ADDRtss NO" OeL
Cau~cxtsa t: 1 14
PLtASS' RWORD ALL Ll100MISO (VACANT) DMNLLINOS IN TNt PRTITION AM AND It TUP2 An An r""'
INSTITV;IONtl ON Tot STWT TtIAN1t YOtl.
MA01817 {
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Walter Ragsdale AE
Richardson Development Services
i
heuw.y
S
pBgsrJaNo ~N 03
NEIGHBORHOOD TRAFFIC CONTROLS l S
The intended effect of residential traffic control should include the following goals:
E
I ■ Reduced traffic volume, particularly through traffic
■ Reduced traffic speed
■ Ezcltuioa of undesirable traffic (heavy trucks, speeders, etc.)
■ Accident Reduction
■ Improved Appearance of Streets.
i
■ Creation of public space for non-traffic uses (pedestrian amenities or similar
features).
■ Improvement of the residents' perception of the street environment as a safe
place.
Undesirable side effects caused by neighborhood traffic controls should be evaluated
carefully when the alternatives are evaluated. These side effects may include:
■ Circuitous routes and longer travel paths.
■ Increased noise, air pollution, and fuel consumption resulting from more
stops and starts.
} ■ . ' Slowing of turns and lower speeds,
3 ■ Reduced emergency and service vehicle access or increased response time.
i ■ Confusion of motorists who are unfamillar with the new layout or control
devices of the changed street network.
f ` Diversion of traffic to other residential streets where the 'traffic a
nd its
~
Impacts are equally undesirable.
■ Adverse imparts to shopping or businesses which ire located within the area
{ i
k THE PLAN j
A comprehensive traffic control plan should be evaluated with concurrence that the desired
results can be obtained. Many varying strategies can be contained in the total
comprehensive traffic control plan.
i
r,' I
I
v
r,~,
~gendal
TOOLS FOR NEIGHBORHOOD TRAFFIC /0
Traffic control's
purpose Is to regulate, wam, and guide vehicle operators and pedestrians
in the interest of safe, efficient, and environmentally compatible movement of vewcIes acrd 1,
pedestrians. Control may be achieved by three means: 1 laws and ordiaa eM 2) traffic
control devices, and 3) geometric design features. In order to be effective, these traffic
control features must be clearly understood by the driver and pedestrians.
Tools:
■ Enforcemeat. Motorists tend to diiregard traffic control devices without proper
enforcement. Increased enforcement ensures adequate compliance of the
regulatory traffic control devices.
• Hi $h Enforcement Area Signs. These signs are installed in coajunction with f
enforcement where increase police presence is desired. Generally, compliance is
increased with use of these signs.
■ Display Radar Trailer. This mobile device advises the motorist of the regulatory
speed and informs him and everyone around of his speed. Generally, the motorist
will slow to the proper speed upon receiving the information that he is speeding.
This device also retrains the driver to adhere to the posted speed limits by
reminding him gently.
■ Speed "t Signs. Serve as a reminder of the appropriate regulatory speed of a
roadway.
i
■ Stop Signs Assi~ned Right-of-Way at an Intersection. Generally, these signs only
reduce speed for h0 feet on each side of the Intersection.
a One-Wax Streets. This is a device to develop one-way couplets Ina corridor. It can
be effective depending on whether there are close parallel roadways,
? a Chokers. Narrow the street either at an intersection or mid-block to red
width of the travelway, ice the i
a Sppeed Humps. Speeds of the fastest driver as well as the average driver are
atfected. A single hump "I as as a single point of speed coatroL To reduce
I
speeds along an extended section of roadway, a series of humps is needed.
Diversion of traffic to other streets can also be
expected.
a More Streets. Increasing the number of streets through a neighborhood has a !
tendency to balance the street volumes between the streem
t+ Turn Prohibitions. Thera are effective along with enforcement,
CONCLUSION e is no There are one. single techniques, lwhen'°udtwitwhich te t techniques bwhhicchh can achiieve the
desired results.
1
i
AgbAahlo 911- 7
agential
REPORT ON USE OF SPEED GLUM
I, ~ Os7 i
the Institute of ?raasponatioa Engineers has published a study on tb.*, use of speed hutupa
for control of speed on low-volume residential roadways. Their research is summarized as
follows:
Traffic speeds are decreased at the humps and at locations between properly spaced
successive humps. Speeds of the fastest drivers are affected as well as those of i
averraagge drivers. A si4e hump will only act as point speed control. To reduce i
speeds along an extended section of street. a series of humps is usually needed.
a Speed humps often divert traffic to other streets, especially is those situations where
rom sig c~oeattamount of traffic I using the street as a shortcut, detour. or overflows collector or arterial roadways.
a
a Speed and volume modifications caused by humps tend to remain constant over
time.
I Speed hump; have not been found to pose a traffic safety hazard when properly
designed and insiVed at appropriate locations.
8 if the humps are successful in reducing speeds, there is probably little net change in
avoiding road noise or possibly even a reduction in noise levels.
■ Adequate signing and marking of each speed hump is essential to warn drivers of
speed hump presence and guide their subsequent actions.
■ A need to slow for speed humps tends to have a negative impact on air quality and
} energy consumption, assuming traffic volumes remain constant.
■ age trucks, buses, and emergency vehicles, must pass over humps at relatively low
speeds or significant jolts to the vehicle occur. as well as discomfort and more injury
to occupants, and jostling of cargo.
a The majority of local street residents normally support speed hump installations and
endorse their continued use.
IM surveyed several locations in the United States and in other countries where speed
humps were unsuccessful and ultimately were modified or removed. The factors resulting
in the removal of the speed humps include the following diss
d its e drResident amatieally slow ve Ides or reduce t uaffic volumes to a desiredrleviel.d inability to
ai Local policy decision to favo; traffic circulation needs over residential quality of life
concerns.
I
■ Undesired traffic diversions to other residential streets.
I Aesthetics of the humps and associated signs and markirgs.
I Increased noise level at the home caused by vehicles rocking and accelerating and
decelerating.
I Impacts on street maintenance functions such as sweeping and snow plowing.
i
~33
i 7
-d3
Report on Speed Humps a No
pa
Se 3 j . g .
Date
Hard to maintain.
Creates an unexpected change in the roadway.
0 Causes drainage problems.
9 Creates problems for motorcycles.
f s Expensive.
r e
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Even a Lowly Hump Takes Good Eng ow _8,qy
f rte, - Ie 6 e'a: due:.
•a•~~ fJ r,,.
i g•nerr, li vo a 104 m Iroubk to nd long.rheel-base ,thick,. fa ere Sorujnt k1, wictI 1,c Iercurtd. o
.sr void, •moVn. But lately e t Arvid, may rlat bd fo,aJ c JI ~ no r,11 rut larstat,. ITE a r
it nd mine^s'.#4u)Ihdsd, n• Jaws to hump,. 't tiro IWck Ise no JUnd rip [,i dincdmdKaF
Jr- ^l •l<rJ
Ni'd 1 !,tin as4 G.91 mnla s.gtx' nd tound ha the m` ma Pttd hump, suit caused
•efn IJ ale a A pwump
Tua, ma, n ll, simple is - n~Und afea D,cle Anne kNb in :rea;climbu ,eJ acct nt
ide rate,. In fast. the
.N• 9pee3 h umpim lw 6116 rrartx if the 111H.11
' '•iJ wine ,makr mare Jf Nai. 911 ere ,,m<r han J. Dared In,urule'. data unJ to ,nor the
imps-are nvru„rpl. in the V,,Jemu.. a 'opt G lpent.om rateothrr,tay~nd 1,,1,11 orJecrcu•
-rJa n PE• m,ol•ed in ~Art'•[ rnd•nrer n Seminole Couniy. 1n1In nanher, dates no- r
nemn{kfvmud Dnnytnlne 1`13.khoorrenanek.fla0 topped f
rn of ;hest 1,•+. pmele k. Jn~rn rim faJua approxne,. rnaa ~an atfect pol,cy 6,. o•
,cr •,+r+1, a the imd AM, and •a%$ he II,tlJ 11re :rni, on n neno of peed humps chu{e that
.Jknenl ntrJaJmnuddm{Md- lioio'In ildrom he oneso pup Dlxed nets curM to prerem~' Jul.
mJ n~dh
loo m
C'earl,. any can doom. L,ned iotN by sthe o% Duahe t.neel nlo the one to Poim: o+
torndaytn. hildren knot, JinctlRCrm at his nko x• 1
'h +Ji~t. JAS 10 air H Fallullon. Inak ltdpin{ that hump+ JO not In{ Jar YmltffeR r9h vL,OYe
nJ feneull,make,nueaundc Jimlmsh emergency ,tnales rt ow'n manes rarcn tittueuU.
slice la Inn., So kha"t the pvn+t Amt. the .,nuounr va Arm{ ,peed ems,'{commtuu~acaein 111(su- and the planct Itwoos.lnrf pen{netrofHow-
amp. Ise torso li{M
the mad at !u u a
%SPIE
~ewopave NGGiulia. . . (lull ama+i4lety Aid Conti A minor ripple
aer of "mbef
n rnd6n in
oW
'wndoW corn the nsy' t ooar0 of mod. suICOdemw,a>shls,enion ,norpkr ncancemed."
Jemxn, harml appro"d its. c 11 a tra,trild tuA 1340 116111, Obstiele Court* Arld .,it requtus for humps. slashed df d -And the hump try
Namten+rlce „toes dxmuPn
.,Ili the 611686 aommts,lon. . offset mashed the ,pecdf be' may pre,eR an ob,lack souse
,hnh opposed deba rt > 16ccordin{ to ITE. humps should
sewn W the andr to use token hump,." he Domes out
4mcorny,lanheco wrest curb Brat tMmIa loan Ya tir"N apoed+rar,0a
r mtd rhtuh sea am%j to use. Rota Via ~S
Ise near .e pr any orb Also( in{ ,try ncomfortabtt ,try y tclvSlecurb
WWI of (IM"It teat. ad, War it's O aw"Cal WAW am ~ ~~~h m an, om the t-cd i A. s+a- «tns. ''In a heavy storm Ntri win Wiva and WK N NOW tan Calendar
60 VWL
ativll, I'm lmored rnhmenv Disenion Iron." Giumu obsersn. "rnen t FaayO•mgs wit, peed.
I the federal Of Ave apenctes. ' u w 1,r a lot of snot Dung pufaed lens to lax Interami remuU Stree
out c Wlhavtltt 7 1
nunu,ays " I late the pan on St Ill. ed airi humps
,set ,t , nW e. d t me to cur •la darn diem it loo. to the edit of IM and I plows. Ntlt Cynecl6, she ury't traffic ITE ,u1lleuri a repAnlflan of ical In'
uanmy mar sometime et,t'f tt3MMlel *111 milt. Is "Ite d as 1es ino• tenet to IIonncpsatt about Se900perhump.lht mm." S co Gu~ cwpl ims
~hr sego.
,nnnWIN,Je dil."at atop D uys: Annual rnuhlenamo rune tent demmys ens hire e, pen.
: a. ,,ur aIy' Jell{n • oaas. Thousands 'n Calif.. and melt Them cook concelr Abiy lead
of tae f,M ueu tot L.S. IQ pra o(th of ice fmmng at AD 50-SM { ~ mail ings, toted ye andptoDkrlyln{Jars
1i G,Vmt aK n' mirUr send} the etfen a Bh eted nd of Ube hump. rh,ch be. ~ e ea flashing lights. M tli ,mrettsThey',r had tacit
unu Mau soWl lei help from in nsetsare d h6an Silfln{ ound ta t slump. ley on , " cnness a Oft04M.M course. from coltivplL" le apt hum 611• pets tilled.
feared for No lido.
politics and Dud{m often rfalluwn. K'hIes unpn in a qm• don. and tested to bask out of
•
of dr,tl road* el6Walleti often im Anon. Wh different from ~an~yfsdrAys.ltsll tn<m.'Lm
,rmichnb.he Inlly under
in
dnseie Costs misaide the mtm b> IM nunuu of Tram road ith a t+oinch hump:' / Do _
.,nanm fnpncen IITEI. Theo l Inked in the"cominun6ry s PIAII les k ton tdarfK eMaritimes Ink standudpedeanancrosslnry. used I, AU the. ow rse dot m punt
bwnp:' ow
at Ann roar tat oomph also b greet: The
:oat de With a 6hM. Irks about inowing saves speed in fortes cases the rmd" m.' It Sty. Carter on
i11% Area to !ter rowe Inches high hig•h nth hump lies} ^ II r try to humps, Dots it male financial Alen ddsem WRlle some ret,denls susit
4 M" h Inre find sn• nt ffr teapayen b root the all
lU,x I: fM Ion{.,tfdy and atnefraulr 1a«i6add toff Dma L'D uJT been f0 dome ei t +s e
it ptogins dt,~grled and m• «mLf•Juolrclayenpl6eertWmraI ~tTft r is Newmtar.n• to (or s. CIO red Sorhe find such features ,tw• nutty' perlmT4md tar IheY',e
.user}:ontrd +en,ek speeds dy is se krna. cityp[fxtde recgllitdeM Rfi• ally ids since may Asked for flirt temdra, such a
murlrtg, efpet ►
Git decoded so"Abw on i b ilk phoenis. Stet. r a judiciously spaced "rim of necnantetmearYpcal . Most. AS
efie eno taking ainterafety saWt he dedfl btry rte~hadmills, hi{f6 urnetstd only ien~ ~ humps wiU effectively teduce does S1yen keys. "*ill f/hlb keep
coniol ot. an{d over star battled as also to pay Foe test '.>s,rn duty Aserye epad of can an Hong IM fr sunlsin/ a bumps uiri
it s6peed humn m used by efarmreragency top 116 He ew br k fly got.{
'
It 1m Inn .111 feted humps may at ooks here to Stay.
_i1__~1.,Upwafrc1 mobility, Water Woes
Significant rkter quality prob.
leme remallt in the L 5, despite
polluhtan control pm"I B•
cording s0 a reports frorr the Envt•
ronrtxnul Praetlan ~dencY.
Con6Atntnatlon iron agncu!•
Alan-io-styl.c.
tun! Ands seturban aea s,en•
Me and widespread £pt Al,o
slou de ^m-e Free etpR6xsconcem AbRllosK III is surface .attr And
etrt qmd pnv legs Amply Iabtf gamember of your Igro,Illdraur. and lo„ N raluaoit
with It y~,tpnb gVidlt and taee des On a rellanW ado tlht:am6ry
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NORTH LAKE NEIGHBORHOOD ASS AIA -
Denton, Texas * qS7
~EI rg 9W RE!
TO: Jerry Clark City Engineer Noy Q 199e
FROM: Carolyn Bacon, Vice-President
s DATE: November 2, 1994
< RE: Final Road Hump Survey Results
.r f
~r
During the taut two weeks of September, the 65 households on North Labe Trail and
r Park" Drive between Auburn and Bowling Green signed s survey exprCS their final
oplnion of the road hitmp test. The reanlts follow.
52 Favor
1 Undecided
`4 Housca'Vacaat ;
6S6S TOTAL
i ra
c The general consensus is that the road humpt have helped slow traffic and greatly
teases the laolde~fc0 of past through trafk Same of the traffic from Parksido'b" diverted
to North`s she rail vole
Y.ake,ut mi of traffic `through our nelghborhood.{s'still
' tt~lfteantly reduced..
Y Some of the reasons for opposition are that low can, such as oorvetbes, drab on
k
them; irrd equipment, such at too]& or lawn magueys, being transported in VIA traflet or
w pickup trucks get fined.
[ hope this In7orntati06 proves helpful to other neighborhoods seeking remedy for
their tra& problems
1
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~gendatt 9~/ `
I' nsn {{~~~rMp SURV~ Ate
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Please sign below with an inuication of being in favor or in opposition to the road humps.
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RQM HUMP,SURVEY % ondall
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Please sign below with an indication of being in favor or in opposition to the road humps.
ILAST NAME ADDRESS RE
1.
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RM HUMP SURVEY AgepUteA !
Date It '9y
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Pieria sign below with an indication of being in favor or in opposition to the road humps.
_LAST MM ADDRESS SIGNA'UgB FAVOR/OPPOSE
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ROAD HUMP SURVEY flats
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Pkase sign below with an indication of being in favor or in opposition to the road humps.
FAVORIOUM
-LAST NAA EJ.2
2. A/ /Ex Hj~( op Qk~rs~ - f
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a./,~ ~u/.I/ rte. ~ulf=llu.'~ ~e
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Off of "N K TRW MUN1CfPAL EUfLDfNO / 216 E: WKINNEY / DENTON, TEXAS 78201
t
DATE: September 20 1994
TO: Jerry. Clark, Director of Engineering and
Transportation
PRbN; F`. David Ayers, Technical Assistant i
4* RE: Results of North Lake Homeowners Meeting August 30,
1994 regarding road humps
r Road Humps were the main item on the above mentioned meeting.
The neighborhood commented that they felt the road humps had ;
rosblted in decreased traffic and speed. They stated that,the 1
traffic had increased on North Lake Trail because of the iack,of
" °road humps. They; also stated that the increase in speed limit on
Windsor Drive was also a help in'reducing traffic.
A vote.was'.taken as to whether the road humps were an effective
traffic mana¢emEnt tool and' eleven of the twelve present voted
r", ? yes with one who abstained from voting. There.3s a door-to-door
survey being' cirLulated at this time which will be presented~to
x j you on Of before September 15.
s
av era.
` chnic Assistant
r
,
8171600.8200 D/f W METRO 43e-26&V
r.:.. a:.~..
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' Traffic 8ahty Memo 4geMaNo -
september 27, 1994
Page 2 Date - Agendallem V , At
A~ 57
11 haw a strong desire to reduce the Sam
t 20 Ooh, 'the rec p e school s
ommendatione resented to o them them include vent down
e ci iM one crossing to the Indian Ridge location
bet n io'la Aithere. The City will fund a mid lkltruni
cros k a+• PeansdylvanAnd ia ~MlrYlvania. Thera wool no ha! l longer be a
This has n 9re4ented in detail to DIED Tr
July 94. war !1•~ presented to the s rportatlon group in
ae
+greewnt w h t.N crorewalk nsidi ton PTA. They are in
crossing guar there. ng at ndiaa ALdge with the
Their Lmasdiate earn is that the
danger for the eh in that the struc!!on is creating a i
high. state can p on to r Pe+d lLmit of is mph to too
would sequin speed udies u Wing a tsmpors,ry gone which
recommends that the Te 1 + 65th go* reentile, staff
signs and once the road i rector port mph construction
signed for 40 mPh which woo OOwilnq to TMM that it be
school cone !n front at slowulOn down to 20 mph for the
information, staff will
h+ Houston' It YOU need further
to present it at the meetLng.
~.C
"a lot is vacant th no structures
ad;acent to the +ny use At all. The let is
night activlti Joke but the par latlons that limit late
night activtt not apply to th s a. Man
letter her n mailed to ranrferred y of these late
to this recant lot.
A
they saaot n a •ao pasklnq• ! to f llLehi gan ask Lnq that
age on thin lot.
E As yom aware the NICi group throug
eons! fed Due to the adiiaeency mad riighborh001 anted this be
r odes that no pukle.g be a lainta, staff
% e on this lot, ppraved along W! and
s law entercemetlt ire COOru ration with the police ad"
Of should be a Lorit f e,einq
i
o
9-0111111P am Lam
-CITY Comm,
€ You haw Previously
s!a!e v* r that ou Iecei d fro al of data on speed humps,
well AS the ordinance.
This ors review this intermation as
Ordinance with same rewritten refereneii for Diatoms soul seriously
City 1d information
irm
&nd tonlo+eitnte of transportation previously
provided. Lakes Trial site backup had been
Stott Considers the Worthlakes test site to be positive. staff
t4ele that in Combination with the Chan
Delve, tbls traffic man ge to 30 mph on Windsor
portion of the out thrown! system ha, successfully taken a good
where it should be locategd. era !le and pieced it on the arterial
ARX00443
a.:.
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Traffic Safety memo Venda,
September 27, 1994 Agondalte
Page I (late 9
$`7
As per the list you received at the last meeting, there is heavy
demand for this. The City of beaten dosaw t have enough enforcement
to regulate all the speeding. There Meets to be a general trend for
everyoas to exceed the speed limit in residential areas. Collector I
and arterial streets are intended mainly for traffic use and i
therefore are not a$ susceptible to having children and animals in
1 the street that could be injured. Residential streets are mainly
intended to route traffto out to the major streets and will normally
have pedestrian traffic of children, animals, and people walking
etc.
The ordinance strictly limits the speed humps to residential streets
which staff strongly recommends being the basis for the erdinaace.
Placing them on collector and arterial streets defeats the purpose
of those ete"te,
runding for sperl humps will likely be a major issue. Visa" read
&Ut area carefully. The current policy of most cities is that
neighborhoods will speed humps for areas not proven to be
fairly swrere speeding problems. Those standards are enclosed in
the ordinance, but are based on actual radar studies of the streets
in question. Historically, neLlhbarboods in Denton have not raised
money for the" type activities. Staff reoommsnds that to prevent F
a complete explosion of speed sumps, that would directly impact our
atreot r"AVL ►g program, that the commission
p the
ordinance. If neighborhoods an helping fund the insiteallation,~ they
will be prudent and cost conscious in their decision, staff strongly
recommends leaving the ordinance as enclosed. It not, staff
rReommeads a maximum amount per year that the City spend on speed
} humps which would licit the amount being installed.
Staff strongly recommends thae speed humps be apgroved by TSC prl.or
to installation and to that TSC limit those locations. The visual
impact of the sign" will not be poeitivo. They should only be
considered in areas where syeading has boom persistent with no other
satisfactory results in allwlatfng it.
staff recommends approval of the speed hump progrU. we fool that
the physical battlers are the only way to provide immediate calls(
of speeding in rooldential neighborhoods.
aoaralDam s>eons x mca rn "Mme cam T
~l~ISY TO Y2~7D l1Aa~:
side is is of itioni by Texas xomaa's Daiwrs The entire West
parked solid wi! s from the Timbers
Apartments on the t side of Ru TWU owns and operates a
golf course along the side. tly, the residents who are
par" have bank claim a from golf balls hitting tholr
care. we have also a aumk»r of complaints from
people who drive t the area of ing able to a" people
walking out from the cars.
Ruddell is arterial and is a truck route. It ties roc dod that
Anoo44J
w
rs
QBRdaNo. a r
yy lgvdalt
Traffic October 3. 199{Nlnvtes 131E g
page 6 5777
ITEM is CONSIORR RZQMQMMTION of A 92,210 NtN? aRDINAMCS TO CITY CMCI
Core said this is a recommendation session only. The commission
is not taking up individual requests for speed humps in
Wghborhoods. i
Clark said the commission reviewed the Northlakes teial site last
time and that was considered to be a positive site. TOC asked that
staff bring the actual ordinance back and look at the policy Itself.
This I@ Dallas' policy. It's not something that was dreamed up.
' Dallas has probably 6 years of history on this and the program goes
back close to 10 years. It was tried in Oregon and Washington.
The real lssuss are the policy. Page one tells you saactly what it
Is► how a street becomes eligible, who is responsible foe the costs
and how to go about getting a speed hump installed. Page one
E basically gives you descriptions.
I The key thing to consider, for road humps to be affective, is they
need to be located selectively In accordance with five engineering
criteria for the purpose of eliminating documented speeding
proble". Proper installation will also slaimise driver frustration
and encourage safe driving practices.
Sligibility under part C talks about a petition, where it's located,
and the operational things that need to be considered (600
vehielen/day, less than 8,000). That's saylntii, If there is hardly
any care on the street, then there is going to be fewer speeders.
If :8C doesn't like those volumes, staff will need some reasoning to
include that in. This Is saying that normal speed is 30 mph. Your J
86th percentile must exceed 30 mph. That's r community value
iudgement. Almost everyone drives one to three males over the speed
<< im t. Modern ears actually Idle and run faster.
This ordinance is geared toward residential streets only. Streets
that are collector streets or arteTials should not be considered.
If someone br'•ngo In a street that is a collector, that's not
designed for a collectors that Oak- need.to be moved or redesigned.
z
t It talks about geometries. one of the key things is that it should
J be paved and fairly r straight street. It you put those where
nobody can see them (curves), you are going to have some liability. 1
•D• Is a section that staff wants the commission to look at. It's
saying that at 36 mph or 1su the
aped hump would be funded
entirely by the neighborhood. There is an eecaption that will be
covered later. If it's over 39 mpl~, the City would pay fw all of
Its The money would come out of street maintenance and rroavirl
fund if the City had to pay for it. There isn't a special fund
allocated for it.
The community block grant area Is an area located In low income
nelghborhoodr.. TU.at covers a good part of tha Intercity. Those
AllOO466
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III`
~oaneaND 9 - 7
Traffic Satm Minutes Agendall
October 3, 1946 O10
' page 7
5-7
PeoPle would be covered 1001.
The rest of the polio goes intoatTS
thhow one tltiona
and the Pr
It ors through. cite'
9 8tat
t feel
aC should
m
speed humPs rather staff. eke the approval for
There needs to be some checks and
balancer. A spo" hump is more than just a hump In the road. TMre
are multiple signs that go in peoples yards and street humps are
taped to make them visible. Small cars have more difficulty than
larger onaL. There is also the cost Issues,
f Page S shows a detailed rataIT
sYat
backup completed each time. e system. Stet! will provide that
I` The ordinance says basically that pet the of Denton Bids aon pa o
dopts 7.
f policy, piing r
f
Devine said the community actually initiates whether they want the port otherwise.tsOn pigs S Is ver itagoirq toube the frespon ibilityeof n
resident to collect the money from those on the stre*tt Is that thi
goal? Clark said that's correct. The City will not access the
residents. The neighborhood will have to decide how they will pay
for it and toms up with the money. Devine said that kills the whole
r licy. Clark said that's why staff brought it to TSC.
j storlcally* neiq:.)orhoods haven't come through with monies to say
'lets build this'.
Devine amid It the decision is made by the city to p t in a
i.' sidewalk. Aren't the
3e assessed pasu
Prof for the sidewalk. clerk amid
the City of Denton hasn't done an assessment programs sines 1975.
f '
There was one
stall self Sufi y
%i a group of developers who wanted one on Lillian Miller. That was
seers anted to so* the road tome through and
that
woo
in the early SO.a.
{ Gore asked it staff would collect before or alter. Clark i said
before. That's
gels to be a rest esveee issue. The central area
won't have to, T8a can recommend an
alternative to the
retaamanding that staff allocate a certain t ed amount each year to s
Dumps. A speed hump costs approximately :i 000 including peed
he
signage. The City is still absorbing some of the cost.
Devine said her concern is that after a speed hum to a
roved
h hump PP ou
aw
23rd
/ s that and 1/3rd pay that down That's a mayor flaw
he pr ram. she suggests that the City masses
that everybody pays for it. Clark said ssesimentor tied a way
programs are
escsived negatively. It creates a negative In the community because
some people still won't pay !t and it goes down as a lien. Then the
Cityy basically [routs it. Oct esld sad
will'. clerk amid if the • Y&j create a lot of 111
le
know u poop really buy into it, they need to
p !root that they will heat to pay (as it.
tuee said do likes it the way it was
written. He was re
eared from
the response from the Sorthlakris area. ge would not have thought
that would have occurred. They apparently thought the problem was
Ati00666
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Irv
AgodaNo.
Traffic Ssfet Minutes Agendaf .
October 3# 199{ Date
page 6 p~ S7
i
worth Overcoming. But, any neighborhood will have the person with
a small car that may be in the 201 that doesn't want them. It
asseasedr he will be forced to not only tolerate them but pay for
it. The way it's written struck him as a good compromise.
Clark said like Chief Jos I@ COPS programs, the real issue is getting
communities to buy Into their community and take real ownership at
it. This is using the 1400 principles. It they have ownership and
are "ling for it, they are going to really want things to happen.
Where it the City is paying for it, they might ay let3 put It in
and try it it we don't 1lke Lt they can scoop it out. The tax money
could have been used to pave a street.
Luce said depending on the speed, it could work out that the City
will yy for it. It's a complex plan and struck his as a good
comproiise. Gore aid once they are installed and a history is
secusutatad, then staff will know more about what their dealing
with, Any issue can be reexamined. Clark said it will be a
challenge but believes its the best way to deal with it up front.
Dunenn asked Clark if he perceived any residential area that
axc0 Aed 39 mph. Clark aid most df them will be hitting in the 37-
36 mph range. Staff measured it. The problems are those that go
60 mph. They aren't always going to hit when you're doing the speed
studios . It's a small percenta9e0 It's what 651 of people are
driving. That's something ?SO can adjust. if 39 mph to too high,
it can be moved down. Most of them ave been in the rag a 36-36
mph, Dotson said that's what they observed before when the have
bad their oofficers tj . Bacon @aid , In # a B30t mph d zone. ThDotsone said that's
drive 15 s
correct,
Clark presented a aspp that shows the areas in Denton that will be
covered for 1001 fuadinq.
Terry Martin, Orsenbriar Street, cane forward to address the
comaLssion. She contacted the City about the spud hu%w after
noticing them in the Nortblakes area. Oreenbriar l1 a short cut
between Mlnkle and Malone. People travel south to west coming from
Windsor to University to 235W, They return in that direction. Many
cc" from Auburn to Malone turning east on Granbriar to -iIther
WLPA*or or Unlveralty. Motorists are avoiding the left turn on
stnkll to University and the left turn signal on Malone.
She tallied last Thursday the number of ears on the street. They
are complaining because of the number of cars. Of course, they are
going fast. She counted 193 cars from the heirs 300-000 p.m.
That wasn't counting the buses that go to Newton Rater. Moot of the
traffic 1s early corning at school tLss and at S100 p.m. Most of
the people sip through the atoyy sign going to Malone ignoring It
entirely. The excessive spa" !s what they want to 44eet rid of with
the road h.., a. There are 3-4 little houses on Granbrlar that have
2' children in them. There are 9 on the othar side of
a total of 72'
ANBOO466
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Traffic aatety Minutes AWdONoA
October 3, 199{ Q811 1- 22 7
dal,
page 9 Date 1 '!~`U
Malone. There ii a short curve when you come up Graenbriar, Kids
don't always see the cars. They think road humps would be the
answer. One at each and of the block mostly near Malone would be
her concern. Her neighbors are wry supportive and she doesn't ~I
think there would be a problem in paying for it. She has talked to
everyone on the block and they are totally supportive. They mostly
worry about the traffic. If you look on the map, when you get to
the island on Malone, people ignore that going which over direction 1
they want. At Amherst, there is a stop sign, Greenbrlar is the
likely place for them to shoot through for A short cut.
Devine asked if she had seen the actual ordinance. Martin said no. Z
She was contacted by a letter that said she could address the
Commission. sore asked if staff could get these neighborhoods a f
Copy of the policy. Clark said yes.
Jackie Planton, on Michael street past McCormick, case forward to ~
address the comminion, She said if you have ever taken the
McCormick street exit and want to get V~ Greenly, you have to get on
Michael street then you can get to Greenly. They have a lot of cut
through traffic and the neighborhood has a lot of children. She
hasn't heard anything Slats Nov husband contacted the City about
the speed humps and received a letter about this meeting. The
intercity is not the only tar incomes area. There will be a lot of
problems with that. Another problem is when you come to paying. f
Where are the tax dollars going? Why do they have to pay for tdin4
that are being done by the city? Are they paying for the now school
tone since and sidewalks? Are they paying extra beyond their tax I
dollars? It not, why are speed humps being considered extra? I
Gene Trust, Worth Denton Neighborhood Aosooirtlon, came forward to
address the commission, He thanked the City for paying for the
ilct program in the Worthlakee areas They have been interested in
how that has proceeded. A Couple Years ago, a couple of their
neighbors identified speeding on residential street' as one of their
major concerns. This was mentioned when they worked with the City
to establish the COP'S program. in the Lee% two years, a comittee
met with the traffic englneer and submitted a formal request for
speedthumps~ They are waiting to find out what they can do now,
Y ink peed humps would be affective east and north of Denton
Center.
Judy Holt, 7570 Bowling Green, case forward to address the
oommieslon. She said she is still in opposition to the speed humps.
She suggest that the City go to ■ sure tolerance with the Police
Departawnt. That would cover everybody. It you are going 7 miles
over the speed limit and you get cough't you pay its That's for
everyone not just a few people like the road humps would cover only
a few. The police, judges, and courts would have to abide by that.
People get frustrated when they ors behind trucks that slow daro for
opeed humps, it made a difference when Windsor went to 70 mph, She
hasn't noticed any cut through traffic since Windsor was made 30
mph. Speeding is mainly the people within the neighborhood. They
ABB00{b8
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AgendaNo '
Agendalte~~
!raffia Sam Minutes Qat9_. !b `t
page 1r 3, 1996
page nA~s.
10 .~J
said people war* running the top slan, that's people In the
neLghXr od. People nsea to address those who are running the top
q speeding.
Clark said he feels this program would be a positive for the city.
TSC needs to consider the input they've heard. Staff feels the
proposed ordinance is the bet way to do It at this time. staff
{ recommends that TSC recommend it to counoll with the proposed
City Council. City This is
toTOO t proogrrsm~ and nthat idata
Is complete. It will be presented to City Council along with the
ordinance.
Clark said Dannie Cummings lives in Dallas and he mentioned that
they have Installed a lot of speed humps. There are quite a tow in f
Oak Cliff and have been successful on the H streets,
Judy Holt asked if the program Is approved, will the reallent@ in (l
the Morthlaken area have to pay for the speed humps? Clark said
City Council slooted to i
wanting to assea the neighborhood. site. They didn't mention
OTAI! RIOOMNDIDe Approval
00MMISSIONIRSt Jackson made a motion to accept the policy as presented.
Luca seconded the motion. Motion passed unanimously.
I111111 Si4V=gT pOR NO P mrran n~ T gT SIDE OF AVDDELr
L un"ITY TO MIN00 M1+i
Clark We this is a request by Texo !roman's University. They
currently own the golf course. Shore ors several cars that park on
the wet sidc;of Ruddell. TMU is having severs problems with claims
from golf balls hitting cars. Staff has also heard complaints from
drivers who travel through there. This street acts as a major
collector and it is also in the truck routs ordinance. It's
consider to be important for more than reaidemtial traffic. People
stopping out from behind parked cars is of great concern too.
The other issue is that when you build apartment buildings you are
to build enough parking lots to handle parking. There is enough
parking at the apartment but it Is not as convenient an parking
right n front. John Irwin from TNU to present to address this
Issue and answer any questions. The request is from US 300 to Mingo
Road along Ruddell street, f
John Irwin, Director of Public safety at Texas Nomaa's University,
came forward to address the oommleslon. They racommoud approval of
this no parking sons for all the reason's that the City has stated.
The university is having problems with golfers who aren't exactly
ready ten the pro-tour. Children are who rssi.:s in the apartments
are of great concern too. They tend to run across the street after
balls for the $1.00 given for used balls. Ruddell does carry huge
ANS00466
I$ do?
AgendaN41i'l
_ yy Agendalt
October 3a 1994Minut•a DatBpag
e It N4 9-7
balls foc the (1.00 given for used balls. Raddell does Carry huge
volumes of traffic. g•tation has been planted along the !nc•
Yf
restrain the gulf balls. eTherno parking tsonie Inconv niencesgno one
line but it will take since the university
apthe proval pof the soni he western fide of
recn nds all
that street. be
Duncan asked who parks there. !twin said usually tenants and
reeds plenty of parking
I visitors to thusepa'n~ to park onx. the There
just
onsite. They
`
pfrtne said yesterday there was a femi parked on the street. Srwin
said that causes a line of sight problem, it has caused some
swscving problems as well. TMp officers will enforce the no parking
$one in Conjunction with the City.
Clack said it would seem that a trace would be the solution to the
problem. butt that was tried along Mingo and some large storms blow
that dtun causing some damage. That's why they're reluctant to do
that.
STAN AZOOMMINDID1 Approval
OONXISSIOMbRS1 Duncan the passed unanimously,
n~ta~l~we~ 2X= ILAILSTO-TRAIL ICid~'* 1O MOODROM}1
This is
ark said this is on the northwest corner of a dy oaks.
it a tloatb thSet* torsect~ioonlof the raliro♦ac d Shady toakspurcha. Shady
Oaks in a econdasy arterial that carries lot more traffic since
it was c + cars a day, The rat jechrough. e It property is Carrying
has Isi fast
o! fronitatlas It on Shady Oaks. hate is an existing driveway
Tract adjacent the pro using the as" drivewayY s"k
joint they
oin! access with that o rty •t
are pprcrosieg to bu It is l most for a the business to have
their o t drivwe T8O have to be the judge It that were
this own Y I'
necessary in this eased
'
Thera are three trite baeeiat would not to Cae **to SouUvt doolnet
violate a master p peculiar conditions?
that's not a pro w. (2) Does it have ny p•
Staff feels the are not any features unle it would M that it is This
y
was s nett to a tai oediftthis wore still oneatdract#i!the IwouId alread,
e8
1 a!t
r rl th
p
YP
oa
flare ad to access* Men the person sold
staff d have required an access easseunta Uin th•a.P1+8 n is
been tted and hasn't gone through the development p
not Lng those criteria. Therefore, the ownere and prior owners
A2200468
7
M7nY
~pendaNo -r7
Traffic Safety Xeoo
August 17, 1991 Apendalt
page S
77
S5k
Staff will complete on sits inspections of this report our
Lading@ at the meeting. The actual ordinaa for the park
11 not be in affect by this meeting. The ncern that staff
ha at this time is placing parking regal one on a propecty
not bN thou nuking the request. iously, staff would
need contact the owner of the lot viously to placing it
on an a da.
b. Mores/Woody traffto impacts cs Tomas Rivera and TNJAS
Testing Statio (vehicle stic re)
240140444 is a memo f opt on from Danny Cummings# Di mi s
and pewitt. On this a , staff thought you should be aware
of the heavy impact th may o,:cur on voodrov Lens from Tomas
Were 2lsmsntaey SC 1 TWASs This testing station is
the only station ! Onto Countp which will be testing for
emission and lease stteke (tW expects heavy Impacts. !
That to the mai reason for t 250 foot setback driveway on
Woodrow Lane allow for stsok The left turn sovemenla I
out and in a the facility are o rest concern, Additional
studies d be r"irod to wa ant a signal, Staff
perceives that it a signal is not place prior to the
testing latlon opening of January to Cme severe
E will r. Problass
1 I
e. colal Truck Traffic
%
closed is a letter from Donald Whseler that was sented at
I he tact Traffic Safety Comlesion meats q Since Wheeler
wasn't present to addrese the comrission# the c sion
requuted that he be lven another o itunlty. Xr. Wheeler
WAS
" Y d. Speed 8usp Traffic Control Study
E- The Morthlakes Neighborhood Association representative and
city Staff will address the commission on it's findings.
i
f
All0041a
ass
f
Mnj
_03
AgettdaNo
dait "WOW
Traffic Safety Minutes Agen ,,Ca
September 13, 1991 01116
page 19 q~ S -7
0
commission it they Oppose site tClarkaagra d- are the
b. se/Woodrow Traffic Impacts from Thaaas Riv av and
TB Testing Station
Clay said a signal will be placed at hady Oaks and
Moody The traffic counts show 8, cars a dap on
Shady 0 a and 6,000 on Mors/Woodrow- so, that's whore
the sign 1 needs to be. Long to due to access to
Tomas Ri rat TBJASt ate, this probably will be 1
signalised Staff wanted TSC to be aware of !t, because
when the t sting station opens there will be some
complaints t stacking.
This is ■ very ong distance a nq the street 12SO teet) ;
to the drive an a lot of one a stacking to provide for
that. The see problem 11 be the left turn in
swvaoant. No fu ye the s final at Shady Oaks will holyD
create saoa gap to the 1 ft turn out movement. Staef
wanted to advise th c Lesion of it's concern.
Martin said he turned ( Woodrow and came south toward
the mall at noon time. ing northbound on Woodrow the
light was red at M L He counted 19 vehicles
( stopped at the red ght. As he drove toward the mall,
tuttio was g")Lnq !to a sap in excess of 60 mph, The
middle turn lane nee out qht after motto load. zf
you Are going thbound on row and want to turn
right on Mors yyou are pr acted. Then the road
narrows. It hadv Oaks is s alined, is there any
flans to wid Woodrow? Clark s d the reason for that
is staff h a coal problem tting right-of-way.
Turbot a g company, and soma is didn't want to i
dedlcate he right-of-way. Rat r than go into {
rondsana on and not build Woodrow, ate decided to go
ahead. era was a lot of problem wit vehicles washing
off the ow water crossing. There xs ome real effort
to fie the Project coopplated beeaua h• bridge was
badly needed. Clark said 1t the proper develops on
the set side, that might be a poasibll Medians
4 war pproposed thrunghout but several in see ra had
o altion so that didn't happens
ok total Truck Traffic i
Core asked it Mr. Wheeler was present. Clark as d heyy
apparently dooided to bypass TBC. He did go toSLiet
council and the are doing sow research for him.
will not place him on the 'f8Q aeenda aaatn.
t d. Speed Hump Traffic control Briefing by North lakes
Neighborhood Association Representative and City Staff
V Clark said Bacon needs to be dismiss#' from i`hs
tip esntative sfrom to a conflt of the association willlpresent the
ABB00436
R~
r
I
Traffic Safety Minutes gendaNo.
Sopp.e oer 12, 1994 Agendall I
r Wte 1
recommendation.
j Barbara =lliott, 7221 North Lake Trail, cunt forward to
address the commission. She said she is a board member
of the Noethlakes Association. A pole has been
conducted of the entire neighborhood. Of 69 how*$
surveyed, 53 were in favor, 7 in opposition, and there
j are 2 who haven't been contacted. There are 3 houses
vacant. The location of the ones in opposition are 2 on
Bowling Oresn on the north side of the neighborhood.
One on Parkside which to in the middle of the block and
4 on Northlake Trail - one on the north end, one in the j
middle and two on the southern and. Of the ones in I
opposition, no one of those lives within two houses of
a road hump.
f =11Lott said the reasons stated for the o
general statements. ~ opposition are
streets (t) !1 i hadlchildreno t don't
want them but
sine* i don't, i don's want than. (3) one sold, It
drip's the bottom of sy car - corvettes (I) There were
two that said they Just don't Ilke these (f) one, rA1oh
Is confusing, when the City moved trees lroe fowling
are14, they glut dire Into the street. That would not
of happened It the rcad hump wasn't there. rhae'e the
results of the pole.
Devine said a lot of people have shown concern about
having speed humps. The general consensus has been to
wait and sN what the Northlakes Neighborhood's
recommendation would be, it it flows down speed, that
will be swathing a lot of 5eople will support. of
course, there will be issues of cost, etea llleott said
j she personals is in favor of thaas not and her husband
walk the neighborhood in the evenings. They can
definitely see a difference. At a neighborhood meetlny,
there xae A. resident who comsllaSnod about people
speeding around that corner. That* are AO speed humps
on the southern and of Northlakes
tlliott said the problem was deteseined to be a lot of
neeghborhood spWing. Ths.t is a problem they will have
to deal with on their own, the thinks with the extra
traffic frog the Auks, the speed h~mpe will definitely
help. Parkeide Ss move affected because that is the
general outlets
Judy Holt, 9520 Bowling dresn, came forward to address
the commissions the said she is against spa" hum s.
They lived vwatched it growaghlrorhood since 1981. Bo, they
have
Holt said that according to the proposed City ordinance,
that area d'.d not qualify for road humps. There was a
police study in September 1901s The letter states
•enclosed please 1144 the results of the traffic
officers activity •I4 your area for the period of
ASSO0436
.
►e+w
Aa No-
-sletic 1' G37
ptemb6af•ty minutes Ag8nQ3lt9
er 1.2, 1996 Date
page ge 21 11
7
September 4th through September MO. IC SAYS, 'As yyou
can see, the traffic activity to your area was 11ght.
However, officers will continue to monitor the activity
in your area'. There was a meeting held with the area
on Hatch 6, 1994. Police officers were asked again if i
there was any change in the traffic. They said no.
They could not see any traffic problem.
Holt said as far as the road humps, it has diverted
traffic off Parkotde onto North Lakes. There Is only
k one on Bowling Green between North Lakes and Georgetown.
What she has noticed is that people on Parkside between
the two road humps (bowling Green/Windsor and one six
houses mouth), go down North Lakes avoiding the Mumps.
If they ace in favor of the road humps, they should
travel three streets. 4
Holt said she understands that the speed humps were
I built like Dallas standards. What she has discovered is
that the road humps, about 901, are in the proyerts.
She has a problem with people associating road humps
with those type areas. Also, since it did not meat the
s proposed City Ordinance, ohs doesn't think they need
i them. The test should have boon made in an area that
had an established speeding problem. She wants to
preoent a good image. They have had communication with
City staff regarding other problems that they have been
ahgainst. It's not to say they are against anything for
te neighborhood. But, since the police did not sea a
problem with the speeding, then why use aped humi
Th Windsor
e s lit on ma~k• a~ difference. wTheya have discus sed tithe
dLd
situation with other people who wort cutting through the
neighborhood. They said ehty no longer go through the
neighborhood since the speed was raised on Windsor. if
you put road humps in on one street, it diverts traffic
to another street. Where do you stop? She felt they
had a reasonable division of traffic before the road
humps were put in.
Holt said the wntLon of dirt on the street was from a
person who said wary time a City truck would go over
one of those road humps, they would leave a big clod of
dirt in ttNS to the stretii T They swseegoing throumoving h Bolithe
ng
Green.
Gore said the cocaLasion is aware of the o sition.
There at* sev*ral other ite" to be rovLawid commission cannot make a decision tonight and the
Clark said this goes back to go sabot Othe 1993. After
being approved by TIC, this policy we@ forwarded to City
Council. City Council a reccamendation was that staff
do a test at a was one that t staff See the boot complaints. This
area It
wasn't soaethin,; where lives were being lost. There was
ASS00436
.
FOR
+~endiNo
Traffic Safety Minutes ~(}6AdalIA J
September 12, 1994 bfe _ -ta
page 22
~ 2 oas,7
a severe problem with cut througyh traffic going to
Borth}akes Recreation Center and the bell fields. The
other reason it was selected is that the ball fields
have greatly increased in the last year. There are more y
soccer, baseball, etc fields. This was thought to be a MA
good test site.
Clark said some of the backup has recentl come from the {
neighborhood. The road hump survey, lust received,
gives the percentages of support. There is no doubt
there is some strong opposition which details have been
received on that. Also enclosed is a list of E
individuals who show interest in having road humps.
Road humps are not the perfect solution. The perfect
solution would be if everyone drove the speed limit.
Putting speed limit signs up is not working. There
isn't enough police officers to enforce speeding and to
have enough would cost a very large figure.
Clark said there is currently 6 people doing speed
enforcomn for the entire city. There are at least 60
active square miles with an ZTJ of 133 square miles.
long that's term. Hopefullyle that willtbe (funded itithe
j future.
Clark said staff is trying to implement a system that
other innovators such as Dallas, Richardson, eto are
using. This started back in Washington, Oregon, and
I places like that. It's something that 10 years ago
{ wasn't considered. Liability issues were thought to be
too large to overe ms. it's now acceptable and is one
of the best wayys to address the problem. He traveled
the Streets In Dallas . Nonticello, etc between
Greenville and Central expressway, speed humps work
wall used to e be collectorrstreet@ ential and weren't @iceds to that
collector streets when built,-
Clerk said the Northlakes neighborhood may not meet the
requirement for 1001 funding by the City and not the
neighborhood, The real issue th that isn't anyt other
test program somewhere.
neighborhood with a worse problem than this. speeding
and the problems associated with that are quick and are
not he Ming every few seconds. There is a chance that
if Northlakes want into this program now, they wouldn't
have gotten funded by the City and wouldn't have ended
up with them. M)ighborhoods don't want to pay. staff
isn't planning on putting in additional humps in the
area.
Clark said placing them at the entrear,e was positive and
probably encourages traffic to ass Windsor. This is
strongly a camsnnity value Judgment. They are
received whea effects
exponsLvet w cars. i Coments i have been can have
lo are
AZS00436
r.,
~peneaNo X1--43 `7
' Qeidalfer~ -
Traffic Safety Minutes Itt
September 12, 1994
page 23 ~~`~30~ 7
_
built batter than the ones in Dallas. That's really nct
the Lssue. TSC needs to decide if they want to
recommend these onto City Council after the test program
that seems to be favorable.
Devine asked Clark to place this on the neat agenda so
that other people can come and speak in favor or
opposition of the program. i
Clark said staff may need to call a special session. There is
r one road abandonment that may be deemed an emergency by
manegemont. Martin said should that aria could the
commission be notified one week in advance. Clark said yes.
Dotson asked if staff could arrange with Traffic Control to
visit the building. Clark said yes. TSC could meet there at
6130 p.m. and see the control system. The Closed Loop System
is set up there and you can actually see 6 systems - Carroll
Boulevard, The Square, University, Sagle and 3m11. Theme tan
be monitored and adjusted from wthin the office. The sign
shop is also there. It's not a beautiful building but has a
" lot of technical equipment.
Luse maid there to a certain situation in residential
neighborhoods that prohibits driveways wider than 20 foot.
There are situations where houses are located on corners and
take advantage of aide streets to have mare than a 2 car
garage. The current Subdivision Regulations pvohLbLt that but
they are really based on the cooveacotal application. Is there
a possible way that can be worded whore people in a
tea dmntlal setting would be able to obtain a driveway
caaseenoessat with a 3 car garage? Clark maid yes.
Commissioners have a right to place items on the agenda. H
things are constantly challenged, they should be addressed.
Luce said he would rather see the regulations provide a
reasonable alternative than to have citisens Comm and ask for
a vartance. Clark said if you submit some documentation and
feel that Lt's positive, staff could put it on. Tnat was done
to (avoid people from having the whole width of their house
` 1xt tg driveways.
i
i
r
i
i
hie00436
AW
~endaNo K45'_1
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
Tot Jerry Clark, City Engineer
FROMt Mike Bucek, Assistant City Attorney i
W3 k= Liability for rlacement of Speed Bumps in Roadways }}I
I ~
DATEi May 21, 1993 ;
j
In your request for legal services, you seek arproval to install
trial speed bumps in City of Denton roadways if the Federal Highway
Administration provides such bumps. Your request alleges speed
bumps may be a useful tool to encourage drivers not to cut street
i corners. Our office is not aware of a specific case in Texas that
has reviewed the liability issues surrounding the use of speed
bumps, In all likelihood the courts will view a speed bump as
either a premises defeat or special defect. Assuming, for argu-
ment's sake, that a sped bump is in the nature of an excavation or
obstruction in a roadway, then it constitutes a special defect. f
A special defect in a roadway places the greatest responsibility
under the law upon the City. A municipality owes to drivers upon
a> its roadways a duty to warn of special defects, state oe . of
~gpyys v. Pavra, 838 8,W,2d 235 (Tex. 1992). For this reason, if
speed bumps are to be used appropriate reflectorized signage must
1 be installed warningq of the approaching speed bumps in the same
manna: as munioipalities warn of dips or curves in the roadway.
You could also paint the speed bumps and post reduced speed zone
signs as wall,
should you have any additional questions concerning this matter
please give as a call.
Michael A. Bucek
MAB~js
bt~~pee4bumm
'L*dkated to Qritafiq Stroke'
r~~4
All
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I
AGOANo
Aoooda►t all
i _
1 WINDSOR
11 r
224
I 2224 '
CDNOir"AL
250
2524 ~ `
j 2221
r f
# DENOTES LOCATION OF
.
► L: A SPEED HUMP
r . 222~i ~ {
7 i r r= 2224 14
+1
.
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jj I
rwir i
4
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•oem~nr~
,M ~ wwu+ns
The City of Denton
COMMUNITY DEVELOPMENT
TARGET AREA MAP
AgenoaNo
Jw Agaodalte
oat
I
I~
f I~
I IS
r
"Iv
l
J F~
TARGET AREA
r~~r~w.rwr
4ue.,aM1p
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4gwdaNo
' Agendalt ~
Oats - 8
g7416`-7
CITY M OfNlON, TMS MUNICIPAL BUILDING / 215 E MCKINNEY / OENTON, TEXAS 78201 r,
I1' Si
I(
f l 1
DATE: September 2, 1994
TO. Jerry Clark, Director of Engineering and
Transportation
Y FROM: F~ David Ayers, Technical Assistant ,
RE: Results of North Lake Homeowners Meeting August 30,
1994 regarding road humps
Road HumppA were the main item on the above mentioner. meeting.
The neighborhood commented that they felt the rod! humps had
resulted in decreased traffic and speed. They stated that. the
traffic had increased on'North Lake Trail because of, the lack'of
toad humps;- They also stated that the increase in speed limit on ?
r Wihdsor ri;e,was also a help in reducing traffic+ r,
A,vote was taken as to whether the road humps were an effective
n traffic management tool and eleven of the twelve present voted j
yes with one who abstained from voting. There is a door-to-door
survey being circulated at this time which will be presented to
you on r before September.l5.
aV er8
Technic sistant
1 ' 1
I
E 81715M-82M 0/FW METRO 434.2529
1
{ AgenoaH~ ~Q'~ '
-41
j gpendalt
NORTH LAKE HOMEOWNERS' ASSOCL4Pn 71-
-
6994
`
North Lake Park Addition ~g 5 7
` , • Denton, TX 76201:
€ APR T IN
„
,
r.. April S, 1994
rw
Mr, tetry Clark
City Eagtoeer
' 2[S ekit'140,street
Denton, TX 16241
NO Any.
` At our iinnwl neighborhood meeting March 31, 1994 a motion was made and !
unanimously approved to extend the road bump teat until October ]494. In October
a wntten opinlon poU with signatures will be taken and submitted to the City,
I ` We appreeiate'yoih Bob Tickaer, IA. Greene, and Officer Blalock attending our
meeting' If you aced sny feedback between now and October please tet us know, i
Sincerely,
Ltae Jenkins
" President
• ~ I
y
e
I~
Mel
t
v
t i
4MSlen o Recer4 6rookwWod"Wey, Odoher 1f. IM
i
Local/State
Denton roads may get bumPiei
errant tM plan. Dump that
imp1
• n~y e __lton
said A clat
I'k >M
lnood•. FA
ty nseifede Barr •A11 nidentla! streets would M el4 ~tr~ oftlclaL • patteraa, then opeed bum W s1N
11111IM TMOUpb OA K, 5e1 btt iibla,• Kr. Clark add would be In called. City employs eM Cul Cop
to "open 10 wa•10 pm TM City Cooncq is conalderw !n- TM tat will be W tho Norte lak04 will study tM new trdGc pattern for he Celt' Council, n !
sidle p epead humps oa rocidented ar04, wbkb le" warty apeedere test ale month, then present tM results w Nowlr+ated throe pdoQle }if
M owe reotiy serving ed tbo nlr
■ MIMMr fN P~, ee t Mrs BUS" esuae of Ns dmk to North t ek04 to the auail a< dui
et adoptinp AppraW1 DWUM bard
doweorat pr pro
I WON ono d me city's dwecter of onpineerin{ Park. Nr. Clerk lad tMt alth"O 1u council Will eon•id other
and Lransportatisa briebd Cih Cou`' LM City hu many reaidenelat arose IM ~ JUMP ordinenn LMn.1U Inca- to oerw on 1erw. T.
en a teat plan inpvehicles. frank afely colhOWko hen recow- acs John Back. Oaylotd TUI
' IpI1gBr A&M !5, kida and w ell maislid Itito 4 with Preblesaaofelresd wndod {het Denton adopt Brock. ideas N. e
Wor p so, 9vicirs tall that Could lesd to a ww city ord~ tyre w04 resit r04dlrack from tad- bump In Asst- a A anil ~aa evww Mw
rid evsq "i oeMy TWW" Gi ans. p~ f{cc~~ sped si
p5pHNlt br mac Mm"raft Jerry Clark emptdaod at a City wools Uff"rot Solids M asotlet ~ eases. % dfn has raise" a 6 Esmanwl~Baatl Church
1y '
C ~n, a plan to anted that an residents of eM Percent Aurean In eecldonts sines an esewplkn ie the twin a,
` ~ 10 ern - low omeat the sped komps• Before pet borbood be notified of the Iw- I*" when It darted (netelliud of rtes on Sunday Ma, k 1
'Nan pw dordx p0ar Inatatiat a %be qqr tuad~ a pe ~[np lad. •hfere, Mr. Clerk bumps Ice realdaatlal area. T• le, p,r0: for an "wtdaor church :
C1iJen Ind Trey a•A} unit ea IM eRectlroaon tlas food ahead With the Dena ha l0 speed bumps es 511044 vice; end ~ City Wat o nl "icy W111%
iae bump In reeldentLi Pow of DWNW& WA 0* if lkirde of the roa12 A l & Wt blor►a and 1w reoadsd «nb a ■ VNwad a Video nt
W Ties left wig evahrN hew alf~ecllve if parent Increase kr traffic diftew ur+llurded "nil aandOW
j DBllpulti pad bumps an h dehrdnIl6bor. It Weald sake two to rani wake to to etlwr drata•
i d, d. 5 p04 - esdwbn woo rooldsutiai ale
Dow
D
1 p w - IleMy Tap 4ordMS soft Wguage { S
1 p w - lManna tlsnMOpen ~ 7
neRliS►f7,:..•...eros[
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Agenda t
Data
CITY of DrYNTON, TExAs MUNICIPAL BUILDINO / 115 E. MCKINNEY / DENTON, ERAS 6201
M KOWDUK
Septembe! 90 1993 j
D11Ti t
Toy Rick Svehla, Deputy city manager
r1komI Jerry Clark, Director of SngireerinQ i Transportation
E f
SMICMI Aoad Hump policy - city Council Approval
euerently used
the City o! Canton is proposing adoption of the road hump Policy
intop
nance s based On minor rdjustmsnts toamake the policy readtas i Ccities
by Dallas. q~ made a w
experiences.
E ordinance e that can be enforced.' complaint throughout the City. All Tmajor
hies
peed is the ma1or ttafft
neLpphbothoods complain about the exACt issues that this seams to address.
road humps tend to rasouts pass thr, ugh ttaffio on residential streets that
should be an'eolleetets or arterials. They slow down the •local• speeders wtu► '
ue part of the neighborhood and are part of the problem. J
several other options exist but this is the most cost effective. others lncludu
` Is Hiring more police traflio enioreement ofticer The it
1 f this approach Includes police and court system Modifications.
2. Disconnecting streets which limits emergency vehicle
k responese and access.
1 i
1 2, Traffic Circle$ - Concrete islands at inarseetions. This
acqurtiliton of trtghe of-way and major concrets/landreapLtg
r costs and aintenance.
! 44 for new subdivisions, limit long straigqht connector atreeta
that have residential frontage. This does not address
? existing problems.
were inotfeetlve with
S, ke tried rumble scrips but they
relation to staying attached permanently and susceptible to
theft,
we fNl that this ordinsnee will address the speeding issues. The method of
where not ,
approach also fortes neighborhoods to fund the humps completely
warranted b radar studies but funding Increases to .tlAtl~~e~ a~odtyerou d
speeds its documented as above unacceptable apesde.
haw 100% funding available by the City it approved as ptesented. l install
th6n s City o60 road humps sodn 51 blocks of residentiallst9606 SL reet$ at a cost of $20400
per city block. They haw recorded a S parcent
installed
for three nnce Accidents, road hasps pe
!llo edlverrion to eMr e streetsp results in only a 12 percent inceeare In
era
. 817/686.8700 D%FW METRO 434.2628
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ma Hump1?oltey
page 2
St Melly, thes# humps would negatively Impact the, street divisions budgets in a
minor !!seal manner and somewhat more, personnel and eVipment wise.
We lae,t this ordinance, will be a positive, slip to address a problem that will j
r only Increase as Denton grows. Denton's employment and edgcstLon base growth
greatly ettect this Issue,,
t Sincerely,
Sr / ,J
Y~ Jq
J• Claf~~ p.s.
r~ •4~Sy< Di oP ngidNrI n9 i Transportation
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NORTH LAKE HOMEOWNERS' ASSOCJI~ '
Dale_ I -
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j TO: Jerry Clark, City Traffic Engineer NOV + 2
t FROM: Carolyn Bacon, Viet•Presideat Community Relations
DAZE; November 12, 1993
G
RE: Road Hump Survey Status Report
I
As agreed, we are polling the 65 households on Parkside and North lake between Auburn
and Bowling Green, and Bowling Greed west of Georgetown to determine the percentage
E ,
of households favoring the Installation of road humpy in our neighborhood The survey will
be completed by November 19, 1993. Attached is a list of the households included in the
survey. Following is the status of the survey to date:
jP Favor
Oppose
3.
1 Houle Vacant
E
17 Not contacted
I am enclosiag a copy of the aeighborbood newsletter with the information concerning the
road humps. M 'surveyors are asking residents if they have any questions, then if they
f { fltvot or oppose the road hump test in our neighborhood. No attempt is made to persuade
of d!%uul a resident
The popular opinion Is strongly in favor of implementing road bumps to control speeding.
One resident who has driven over the road humps is Was strongly recommends them,
sayidg they comfortably eomra a the maintenance of a reasonable rate of speed. 'Those ;
In opposition seem not to be differendatiog between road humps and speed bumps
t Coateras have been tahied about the affect on drainage (especially in areas that already
have dtiinage problems}, and if they poke a hued to bkycltst and joggersThank you for considering our neighborhood for a test site. We appreciate the City's
Interest and support
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Ag9Itp8N0
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L ` ROAD HUMP SURVEY RESULTS Bat , 3-9,
FAVOR f3
1 NAME„ S
2325 Parkside x
1. Thomas 2321 Parkside x
2. Booth Non-Applicable
` 3, Vacant 2317 Parkside
4. Preuss 2316 Parkside
S' 2313 Parkside
2312 Parkside x
6, Crouch 2309 Parkside x
7. ' Wasson x
I 8. Chng/Ferch 2308 Parkside x
9. Latham 2305 Parkside x
{ 10. Bacon 2304 Parkside x
it. Dalton 2301 Parkside x
12. Leake 2300 Parkside x
2223 Parkside
13. Britton
14. Fletcher 2224 Parkside
I 1S. Reynolds 2223 Parkside x
16. Thames 2222 Parkside
17. Lester 2221 Parkside x
F 18. IBrins 2220 Parkside
r
2217 Parkside x
14. Hillsberry
2216 Parkside
20. Nobles 2214 Parkside x
p 21: Bender 2213 Parkside x
22. Schleinat x
' 23. Shaw 2212 Parkside X
24. Taylor 2209 Parkside
tt 25. 11eban 2208 Parkside x
I
26. Glaze 2205 Parkside
X '
t ' 27. Mullen 2204 Parkside x
28. McLeod 2203 Parkside X
29 Aemaklua 1 Parkside X
30. Greenwood Parkside
HeckLtger 2524 Bowling Greta X
t 31.
32. Holt 2320 Bowling Green
33:. Shraunet 2516 Bowling Green I
! 34. Ealow 2512 Bowling Often i r
35. Seely 2508 Bowling Green
36, Williamson 2x04 Bowling Green x
37. King 2324 North Lake
2321 North We
A Logan
39. Keylon 2320 North We
x
40. Barton/D1ett 2317 North Lake
41. Adana 2316 North Lake x
42. Rocker 2313 North Lake
Aaantla No.....
ROAD HUMP SAve-U -
r ?4-f page 4 X57
ADDRESS FAVOR C»:
NAME
43. Hayes 2312 North Lake x
44, Mulroy 2309 North Lake
'
45. Sain 2308 North Lake x
46. Engelbrecht 2305 North Lake x
X
d7. Trail 2304 North Lake x
48. Lima 2301 North Lake x
49. Kerbow 2300 North Lake
50. Pruett 2225 North Lake
SL Wheeler 2224 North Lake x
52: Elliott 2221 North We
x
• 33. Poosonby 2220 North Laka x
$4.. Tindla 2219 North Lake
x r~
SS, ,Craven 2218 North We
56. ' Barbee 2217 North Lake x
57.: Asher 2216 North Lake
$8, Browns 2213 North Lake X
2212 North Lake x
59. Jet kine X 1 ~r
d0, " Coo0ifnetford 2209 North Gke x
61, Dkkey 2208 North Lake
r
63, denaveae 2205 North Lake x
x
63: Koontz 2204 North Lake
` 64. Wilkinson 2201 North Lake f.
Huditt 2200 North Lake x
10
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ApertdaNo _q a
NORTH LAKE HOMEOWNERS' ASSOCIATIOlA,,,1alt
Date 5 S
X57
TO: Jerry Clark, City Traffic Engineer
FROM: Carolyn Bacon, Vice-President Community Relations
DATE: November 19, 1993 l
RE: Road Hump Survey Report
f
Our neighborhood road hump survey is complete. The results are as follows:
59 Favor
5 Oppose
t 1 House Vacant
' The overwhelming opinion is enthusiastic and supportive of the test. TWO Of the five
households in opposition were mildly opposed and 'ere willing to concede to the majority ;
opiakn. The two households on Bowling Green in opposition are adamant, but they seem
to be thinking of speed bumps
} The following questions end concerns were expressed:
1. Will the road humps create drainage problems? Some areas already have
problems with water standing. One area is the southwestern corner of the
North fake and Dowling Green Intersection, T'hia 1101o" to the proposed
site I,x one of the road umj*
2. Will the road bumps present a hazard for joggers and bicyclists?
I to this the most cost effective method for the City to control speeding?
4. Motorists will drive acroa my yard to avoid the road humps
5. Driving over the rod humps will cause wear and tear to cars
We will respond to these concerns In the next newsletter. Your input is needed. Please call
me at your convenience so we can discuss this.
i
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NORTH LAKE HOMEOWNERS' ASSOCIAT1 Ne ~
Road Hump Survey Results Agendall
_
iz:7
NAME ADDRESS FAVOR OPPOSE 56 ~
1. Thomas 2325 Parkside X
2. Booth 2371 Parkside X
3. Vacant 2317 Parkside Non-Applicable
4. Preuss 2316 Parkside X
It. °t S`
5. Jaskiewicz 2313 Parkside X
6. Crouch 2312 Parkside X
7. Wasson 2309 Parkside X
6. Chng/Ferch 2308 Parkside X
9. Latham 2305 Parkside X
10. Bacon 2304 Parkside X
' Dalton 2301 Parkside x {I
12. Leake 2300 Parkside x
13.. Brattoo 2225 Parkside x
14. Fietcher 2224 Parkside x
15. Reynolds 2123 Parkside x
16. Tbamts 2222 Parkside x
17. Lester 2221 Parkside x
18. Brim 2220 ParksWe x
h 19. HiWberry 2217 Parkside x
20. Nobles 2216 ParksWe x
21. Bender 2214 Parkside x
22. Schleinat 2213 Parkside x
23. Shaw 2212 Parkside x
24. Taylor 2209 Parkside x
j 25. Uebut 2208 Parkside x
26. 0111ze 2205 Patwu x
27. Mullea 2204 Parkside X
28. McLeod 2203 Parkside x
29. Retn"s 2201 Parkside X.
30. omeawoul 2200 Park" X
31. Heckinger 2324 Bowling Green 7{
f 32. Holt 2520 Bowling Green x
33. Shrauaer 2316 Bowling Green x
34. Ealow 2$12 Bowling Green X
35. Seely 2308 Bowling Green x
36. Wiltimson 2504 Bowling Green x
37. King 2324 North Lake X
A Logan 2321 North Lake x
39. Keylon 2320 North Lake x
40. BartowVetz 2317 North We x
41. Adams 2316 North Lake x
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AgerMaNO L Z- ~
! A eed,O
Road Hump Su eau !s / age 2/9j
r1DFC~C FAVOR H
42. Becker 2313 North Lake x
Hayes 2312, North Lake x
43. H j
yes 2305+ North Lake x j
44. HaMutroY
45, Sala 2308 North Lake x
46. Eogelbrecht 2345 North Lake x
47. Trail 2304 Noah Lake x
# 48. Lime 2301 Nortb, Lake x
49. Kerbow 2300 North Lake X
S0. Pruett 2225 North Lake x {
3L Wheeler 2224 North Lake x
5 57. Mott 2221 North Lake x {
531 Poesoaby 2220 North Lake x
7 4 54. Tiadle 2219 North, Lake }
551 Craven 2218 Noah Lake X !
I,z 36. Barbee 2217 North Lake x {
S7. Asher 2216 North Lake x
2213 North Lake x
38. . firms
' 59. leaktue 1212 North Lake x
60. Cooper/netford 2209 North Lake X i
'1 6l1 Dickey 2208 North Lake X +
2203 North Lake x
621 Oceovae
631 Kooot: 2204 North Lake x
641 WilUMA 2201 North Lake x
2200 North Lake x
6S1 Hordes
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AW&I
DATE: November 1994
CITY COUNCIL REPORT
STUDY SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell - City Manager
E
SUBJECT: Selection of a City Attorney
I
RECOMENDATION:
i e It is the staff's recommendation that the City Council approve the
job description, job opportunity announcement (JOA), and
advertising for the City Attorney and authorize the staff to
proceed with the initial phase of recruitment. It is further
recommended than the Council authorize the staff to retain the
services of Haynes a Boone to assist in limited legal aspects
associated with the selection and placement of the City Attorney.
SUMMMY
dr Effective November 1, 19941 the City Council appointed the City
Attorney, Ms. Debra Orayovitch, to a now Part-time Municipal
Judge position. On October 4, 1994, the Council received a
Court
comprehensive report on the issues involved in the recruitment,
selection, and placement of a new City Attorney. It was the
Council's desire to use internal Human Resources staff to
coordinate this process. Ms. Drayovitch has assisted in
reviewing and providing recommendations on revisions to the job
description, JOA, and advertising copy. Me. Drayovitch has also
t recommended advertising in the om Journal. the Texas Municipal
League's (TML) Texas lawn And City, and Texas Lawye for a period
of at least 30 to 46 days. The recommended job description, JOA,
and advertising copy are shown in Attachment I.
E In addition, the Council may require some limited services of a
competent legal advisor to ensure that the candidates for the
position are properly qualified (from a technical competence
standpoint) and that Council is properly advised on other legal
aspects of the recruitment and placement. In order to provide
that service to the Council, the current services of Me. Bettye
i Springer, a partner with the law firm of Haynes 8 Boone, could be
minimally increased to provide the needed assistance. Me.
Springer's proposal was discussed with the Council in an Executive
l Session on October 25, 1994.
e+.av
~gane,Nc qy-03 7
Agenda11D~
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1! to
November S. 1994
Report to City Council - Selection of a City Attorney
Page 2
With authorization by the City Council, we will initiate the first
lace
phase of the selection process to post the positions p
advertisements, and begin re
interested candidates. Thiscauthorrization'willdalsolprovidesforom
limited legal services needed during the recruitment and selection
process.
r +`DEP&&t" TB Q$ MP~ AFFECTED:
4 i; The seleotion and placement of the City Attorney will ultimately
involve legal adVics and assistance provided to the City Council,
~a City boards and commissions, and all City departments.
y
tH~ cost for advertising in the publications recommended Is
approximately $1,600 for a one-month period. The cost of the
additional legal services with Haynes A Boone is estimated at
$30600 to i14,000. Me. Springer will only charge for actual time M;
on `this assignment, so the actual coat could be less.
F,
Respec ily submittal:
Lloyd V. Harrell
City Manager
lr Prepated by:
I r:
Thomas N. K14nck
i Director of Human Resources
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late 9 41 APPROVAL DATA=_ OS/Oi119!
MISIOM DAM_11/08/9a
PAY ORAD2t
DBPARTMRNTs__ Las-, DIVISION
Joe TITLRs city Attorney Jos NSMStR1- nt10 j
TITLR OF IMMRDIATR SUPAAVISOAt_City council
1, serves as legal consultant end advisor to the City Council, City manager,
and staff, as well as boards and commissions.
7. Rana4e0 the operation of the City Attorneys offiosl organimea and
coordinates the activities of the City's Legal Department, Consisting of
professional and support staffi manages outside legal ■ervlces,
attorneys, ato.
1 1. Develops short and long range plans for the Legal Dep+rtwnt~ establishes
broad priorities and work sequences! allocates resources.
e. lvaluateo staff performance and detarmines training aaedes tetablishaa
performance standards for the Legal Department and sets criteria.
5s snforess policies and procedures sot forth and/or publlsbod tot City
s. Prepares monthly and annual departmental reports) prepares and submits
annual budget request for the Legal Department/ authorlses departmental
expenditures.
76 Conducts legal ressarcht submits oral and written opinions) submits
filing s pleadings, briefs, and motional drafts ordinancesa Ii!lgation,
F resolutions and proolamatlonal negotiates, drafts an
/or reviews
r` contracts and other legal documents involving the Cityl monitors the
prosecution of violators of municipal ordinances.
Ss Represents the City In litigation, including condemnation, claims brought
against the City, and ether matters requiring legal counsel/ yyroseeutes
administerssoathe andstfidirltet prosecutes all Cases broughtlbefore the
municipal court,
to Attends City Council meetings and board or coooisslon meetings as
appropriate.
10. servos as a member of the executive Committee which provides guidance and
direction on the operations and coordination of the City departments.
11, stays Informed of legislative and legal issues and recommends appropriate
action to the City Manager) represents the City at state and national
conferences.
lt, performs other related duties as directed by the City Charter or City
council.
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o Oradu~tlon from accredited lstr fchool. 1
arm of
o sewn urs sRperlsne• in the practice of law, at least fits ya
which Ya in ounicipsl gorernwnt. ;
+ o tvldones of continuing professional develop ont. 1
s,
C, o fdOsnesd to practice lau in the State of Texas,
r e snowledgii of votesslonat< piaatlcae, principles and thsori41 of law.
o Rtwwledge of rr+nia19a1 pollolu, rules and regulations.
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' JOB OPPORTUNITY ANNOUNCEMENT
aoA~
gendaNo.Q CH1 I
CITY AT""', ,genda►te 2
I'I OALARYI Hiring Aang$ $5.799 to $6,750/month late ^ g/.q
0gpAA' HjXTt LEGAL o
ra.~ne DUT_1LSt
1. Server as legsl consultant and advisor to the City Council, City Managor,
slat!, as well as boards and Coamisaions. orpanites and
and
Q, ltsnagea the operation of the Clty Attorney's oftieal
coos tnater the actlvhtioL ttstaanigi/outiido legal service s nattorneys#
professional and Support
etc.
3. brood ppprioritlesnand long range plans wok aeque ce 1 allccatoiaresourcom4ntl establishes
4. Evaluates staff eeact< torcthe and Legal Department and i to crlterls liehes
rfol
5, Enforcer policies and procedures set forth and/or published for City
employees. Loy and Bu 6, innuel budgithcequat for the eLeegal Departments authorlis departmental
expenditures.
It fill" to plei dingao brills # aubm ndtmotionis draftsiordinances, litigation
rerolutionel and proclawationss negotiates, drafts and/or reviews contracts
and other legal documents involving the Citys monitors the prosecution of
violators of municipal ordinances. the
in l
CIAIAS ss, iQilnrt»th• C1 y ! and other mattersnrequirs 9 eg ltcounsell pr secutes
and defends suits for and on behalf of the City in all courts administers
oaths and affidavites prosecutes all cases brought before the municipal ►
court.
94 Attends City council meetings and board or eomission meetings as
appropriate,
30• direction on tthheeoppoeeiiCioniiAdicoeordoination otithe City departmenti•a»d
. etaya informed ofleglelatlve and sepal issues and recommends appropriate
11 k
motion to the City Managers represents the City at state and national
conferences,
11. performs other relatsd Auties as directed by the City Charter or City
Council*
liIll31~!-4VALIZLSaT10111s ~
o Graduation from accredited law school.
o seven years experience in the practice of law, at least five years of
which is in municipal government. {
o Evidence of cortinsIin professional development,
o Licensed to practice law in the state of Texas.
cKowledge of eunlcipifn polLclemp iplao ^rwrles of law.
a
ram*~etMCe I0~ ~H?1AYlSRMTI
o preference may be given to candidate with three years senior management
experience.
CLOSING DATLi
CITY OF DENTON
AAAOOlEb/6
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Nu,,,yA 1W NUrm Dgrlmal' 0012. NkkeM, fuha A Dome ix • 71101 Je► Ir,l.,mMtae ism I1T•6161347 -Tawv►b+» 1604".0340
AAAOOaSO
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CITY OF DENTON a9odalle 2
Batt !I ~ ~
CITY ATTORNEY 705 7
OPOSEO
PR
ADVERTISING COPY
a highly motivated, ethical i
The he City of Oenton is seeking
and the Position ofi0ity Attorney.
Council. Djtiandistiff, sManageerving
Cit of to assume ssume City
T
i
1 Appointed by May count ,
`
Assistant,
Legal
ss chief legs1 oif4cAsst~fCityyAttornsYsg
(4
ort t&ff cal staff). Manages services of outside
budget and otsft
and suPO with city
Serves on EK06utive committee w
ractices for City
legal tou
_ Managar.to set and recommend Policies and P No,
tsr, nsel.
ions. Exceptional utilities (wki
opvat olioies, procedur*Oo
munjoiPet'law,
doW.00ftent' contracts real estate, P staff:
EKCellent oommun ~cations skills and ability to interact ~
• ith City. Council members and City
in JUril effectively.W orers4uisites'p ti) 0octc need to Pruct'eeeae in
' Minin1, 11 Wta lies, demonstrat d
from an accredited and Icy 1,~experiences rb; as City
attor.n~Y,in Sexes, in municipal lawi S Y
desirable, Yrs.` !
at least 6 Yr0,
practice for Attorney
. or, as an Assistants' city :f
Attorney •nt •xpsris Resume ks $55,090 WorkSalarys Hiring Range to
senior mana4emncs d4sirabSmoks and brug/Alcbhol;
rslated,refsrencse reauire rity'of Denton, 1
yonth0 Excellent bsnefit~.
y;
OPsn until Pi lled,
e4, 760/0
Free Work Environment ources. , 601
Oireotor of Human Res E. Nic~ory, Suite A,
> Denton, sx 76206, l
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~COUNCII
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DATES November s, 1994 lk0
AQendette
"TY COUNCIL REPORT
Tol Mayor and Members of the City Council I
FROMS Lloyd V. Harrell, City Manager
SUBJECTS Amending the Zoning Ordinance
The Boning Ordinance Task Force has made its recommends-
Lion. The Planning and Zoning has recommended funding the
outside legal assistance for drafting the entire ordinancsc
y
bag, UND. PS AFFICTZD~
1
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■ISC1►L IMP
.
$25tooo has been approved in the City Attornsy's budget.
Attached is the October, 1993 staff report which summarisod'
the recomrendations and rationale. This staff report was
presented at the sleeting at which Council approved procos& 1
inq piecemeal. 1
A copy of the "zoning ordinance" approved by the Task Force
Shay be made available to Council.
4 The proposed Mixed Use District (MXD), a part of the Task II
Porcess roccommendation, is attached.
f
Rospeo ully submittede
-Joe
s Lloyd V. Harrell, Ci Manager
! ApprovedS
Frank H. Robbi AICP
Executive Director
Planning and Development
ATTA FilT$ i
Is October 26, 1993 City Council Report.
2. MXD.
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ATTACH14ENT 1 ro d'
DATE1 October 26, 1991 rtw •
CITY COUNCIL REURT Arj"No qLI-021
TO: Mayor and Kembers of the City Coun•i1 p~ q
FROK1 Lloyd V. Harrell, City Manager
SUCJECTI Amending the Zoning ordinance
i, The Planning and Zoning commission recommends continuing I
the amendment process. See Attachment 1,
The Zoning ordinance Task Force and the Airport Zoning
commission have made their recommendations. Be*
Attachment 7. Attachment Z also lists some of the
reasons why the Task Force made the recommendations.
7. Each recommendation may be dealt with individually as we
w have noted on eight amendments listed in attachment 1. 1
f staff suggests amendment consideration according to the
ronbered sequence in attachment 1. !
;r 6. it is recommended that the Airport Zoning Commission's
recomm indations concerning protecting development around
the airport and to support the new airport master plan
be proc:esssd concurrently, The Planning and Zoning
C0lmisalon and the Airport Board may begin review and
joint public hearings on the new master plan and land
use cosVetibility and height hasard toning provisions in
Novembar.
I
dl~SY~ 1
See the attachments.
Attachment S is a summary of Council questions and issues
with a staff response,
}larch 1 and April 18. 19901 Briefings to PiZ, PiZ
recommends initiating a re-write.
May 13, 19901 Council directs proceeding with re-write and
that a citizen committee would be formed to make recommen-
dations.
ApandaNo q 14 ~7
AQendalt
City Council Report Q,3IA 11-k-2q
October 26, 1943
3od59
Page 2
194GZ Council approver Zoning Ordinance Task Tore*
7.. w.
makeup.
i__ggOt Council appoints Task Force.
n~•nb.r 149 Task Force begins *Got Council briefed on first recommendation from
Task Force
Fi8 briefed Task Force recommandations.
i
xav 21.1441.1 Council briefed on Task Force process and I
M nary zecomm•ndations.
MBA 22~~,49L1 Council briefed on xXD and other Task
e recommendations.
Forc~.'S a].~191t11 p&z discusses HXD and Task Force
zeco*m•ndations.
Staff briefs Chamber's Local Affairs
cosa~ittas concerning NXD and Task Force racomm•ndations. i
,tiw.r 1491: Appointment to Airport Zoning Commirrion ,k
t
~1 9 Council briefed on Task Force recommenda-
Mon,
j ;~+b.r 2 194 PiZ discusses ?IXD and other Task Force
rer-om~ndationr. ~ '
' i 3t piZ discusses IM and Task Force final` ,
t
racons.
"„s 2S i99]t ariefing for Council at Retraat.
ZS and sent•~bsr g 199] t PiZ discusses K%D and
1
process.
PiZ strongly recommends continuing the
fort to isprove the toning ordinance.
i
and Dev•lopment, Pit, City
Council candyanyone using the ~ soning ordinance.
MENNEN-
i
1
gy- 03
gBIIdtANo
city council Report
October 26, 1997 ~gandalt 3
page 7 48te /erg
S 1FIACAL IMPACT! 7
A comprehensive re-writs by outside legal consultants la
not budgeted. There is no fiscal impact to piecemeal I
aasndinq.
}
Respectfully swCYOUIn
ittdC Ll y V. barrager
red bye
Prepa
4Irrnk0R*b .bie, AICP
mif&d tiva Direct r
Planning and Developaeht
t~f;,: p' 1, ~ttaahsants~
f j r 4 f 1 P r•
r : 1'. pit Rndation.
26 toningqT6*k ro~r/c~e Recoaaendations, Rationale, and suggested
!F key F F, f F • sA"oque.
9 . t 1f vY
s it~re 198
' ~4. t}six ~rietdly torts.
Cou~loii issues. `
fair
5.
64 Pia Minute
7.. Neighborhood planning article.
. }
1 j
F
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OV n~
i
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Olds No•
a endal
Q ATTACHMENT 1 9 0ale
Cf 1 Y of DENTON, YtXA! MUNICIPAL SUIL DINO / 213 E. MGKINNEV / DENTON. TEXAS 76201
MEMORANDUM
i
DATEf Septomber 22, 1993
r Tol Mayor and Members of the City Council
I
FROM$ Planning and Zoning Commission
SuH sm New Zoning Ordinance
In the fall of 1990, the Council appointed the Zoning ordinance
Task Force to re-write the zoning ordinance. The Task Force made
its final recommendations in the summer of 1993. The Council and
f, the Planning and Zoning Commission have been reviewing their
recommendations. i
We boliove that the reasons for forming the Task Force remain valid
today, while several amendments proposed by the Task Force have
boon adopted, the comprehensive ice-writing has not bead'copplited.
" in the future, we anticipate even more rapid development. The
recoarendations we are now reviewing seem to Nava considerable
merit. They, could improve the way we deal with an increasing
nuoor of zoning cases.
We take no exception to the council's decision concerning funding
for increased, legal assistance, given recognized fiscal con-
straints. Yet, our review and adoption of zoning ordinance d
improvements need not be halted. ~I
We with to convey a strong recommendation that we continue our work
with your support on improving the zoning ordinance. we would hope:
to continue this work with you and the community and make recom"n-
dations concerning this important effort that you began in 199o.
We mould also hope that future circumstances may allow for funding
of the legal assistance for the project.
8 f 7/568.6200 D/FW METRO 434.9529
F
mown
I
r
I
i Mayor and members of the City Council +gendlNo, C/
" September 22, 1993pnd2!1 _
Page 2 Ut ;
6 ~sg
our mission is to be recognized as a leading city. ifa would hope
our s to you would lead to our coning ordinance bainq
recoawsndation,
recognized as a leading land use decision making system.
3
lebre L, Chairman
a ing as Eoninq Commission
JE:lah
cr ~ r
~y 1 /I r
r~ YY r
iyAjF~ `r 9 A ~ _ y~.
x~ ' A 1 k
x
r
i
C'
,
i
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r
raaa~WM~311
Task !ores Recommendations, why Rea*
segnenoe of Consideration.
i. User friendly format.
Until the entire ordinance ce anssl to bethuser ofriendly cis
adopted, rewriting
somewhat problematice
gowewr, eta!! bas developed a numbed chmen p 4?%,tconsolidatte8
such as the quick reference chart
dards for each district, and flow charts which achieve the del
rules easier
stantoafind,icosmunicate~and useivsry by making
2, Reorganised Board of Adjustment article with now non-conforming
. (Draft ordinance completed).
iaation sectionawort
Asasons for reco+~*andinas ;
a. Reorganised to be more understandable and consistent.
i b. Added provisions nonformi uses to be
more consistent court rtmad~ law. Exte Div! research of
Dallas experience.
ti.,.en for semlenc.LL The ordinance drift has been prepared.
3; Design Guidelines for ail site plans for PDI'a, 8UP's, or
conditioned zoning required site plant.
F Aaaac►L for'racosmendin41
The Design Guidelines provide a checklist for reviewing and
a.
assessing developsent proposals which require a site piaho
s
b. intended to promote quality development in the city,
o. Create a ssnss of place.
,I d, Preserve natural resources and encourage environmental
sensitivity.
as Provide consistency and predictability in the public site
plan review process.
policy and regulation now
inplace into one easy to us* documents
i
~a
ATTACIRMINT 2 Qend2lVo '
Page 2 ,aen0alie
qir
Reason for eaauencas g4 S9
a. These guidelines would not be adopted by ordinance. Legal
review is unnecessary.
b. The document would be useful immediately for developers
involved in PDOs and SUP's.
Updated parking standards.
Reasons for recommendings I
j
a. Allows for shared parking and fewer variance requests and
off-site declarations.
b. Takes into account 20+ years of parking studies.
e. Consistency with other metroplex cities.
9. Enable special districts for special places, such as for
additional neighborhood presentation areas, for instance the
TNU-Alice-Locust-Elm Street area, scenic entranceways, indus-
trial parks, or floodplain overlay districts. This section
onl enables them, but does not propose a specific special
'
E disTrict. (See attachment 7)0
Reasons for reoommendLW.
t a. This'new section will initially incorporate the existing
Historic District and the Municipal Airport Zoning regula-
~ Lions.
b. The :Special District will enable the city. to prepare
' special regulations for specific neighborhoods as may be
required from time to ties.
o. Special districts may be designated to preserve and enhance I
the rage, character and integrity of a specific neighbor-
hood#
d. Promote and enhance the quality of physical development j
with in a specific area, corridor or antranceway.
e. Promote compatible land use and foster economic develop-
nt.
me
f. Protect valuable natural resources.
,r g. hollows Denton Development Plan policy and strategic plan
success elements to promote Denton as a unique place and a
•c ,N~
/1Q7.
i
I
a►rrscmx~ _ ~gendaNo_A~.-aj~
Page 3 Waodalta
ate 1'
sense of place for unique places within Denton. 90,~JrGj
g~ason for Saauance: Provides a useful tool for the neighbor-
hood oriented service delivery and COPS program.
6. Heavy Environmental Impact District (HEI). Replaces heavy
industrial district (HI) and out of date (industrial) parlor-
manca standards sect on.
Cteaaen• for raggown"M
a. The HEI district is intended to accommodate heavy industri-
al uses and manufgaturing activities which requires spacial
consideration.
b. Incorporates additional regulations to ensure compliance
with State and Federal requirements and consideration of
future transportation needs.
o. Most of the standards in the performance standards section,
such as odor, are not measurable and/or are unenforceable j
j
because there is no equipment to measure the standard,
d. Hakes efficient use of rederal and State regulations.
e. Tends to insure proteotion before the use is built, rather
than relying on enforcement after the use is operating.
t Reae n or manes. While' a very significant olean up of a
long but useless section, there is no immediate danger or need jk
for it in the very near future. i
7. 3 new residential districts in addition to current residential `
j
districts.
{ gsi ramily Estate. SIE, i more minimum. Residential use
lyy.
• Single really l.s. 8t1.5. Mixed residential use, medium
density. Small lots tovnhouses, and zero lot lines.
i
• Manufactured Housing District. MHD.
Reasons for recomme inat
as Enables housing diversity which relates to housing size,
density and cost in accordance with Denton Development Plan
policy.
E
1 I., ~gandaNo qu
agandalterit,~. S
S "bate
Page 4
b. Existing districts cover lot sizes between 7,000 and 16,000
sq. ft. 8F-E is intended to enable single family develop-
ment with minimum lot sizes of one acre with ro agricultur-
al uses, such as poultry hatchery, allowed.
e. sr-3.5 is intended to promote affordable housing arA
establish a district to accommodate town houses and zero
lot line developments without sits. planning with PD zoning.
i
d. Adopts standards consistent with those in metro lax and
nationally for town houses, zero lot line housing, and
manufactured housing.
e. Provides standards for mobile home subdivisions and mobile
home parks without all having to site plan through 8UP's.
f. rncorporates mobile home standards in another chapter of
the code into the zoning ordinance chapter of the code.
( Reason for sequancai Market conditions at this time are not
such warranting immediate amendments.
e. Antennae standards.
Reasons for raconendinat
a. Provide new regulations with regard to the location, height
and construction standards for antennas, satellite dishas
and support structureso
b. Th& regulations address impacts on residential amenity and
safety standards with regard to antennas, satellite dishas
and support structures. i
Reason for cast No strong demand now for this cleanup and
updating. 1
9. Mixed Use District (MXD). Sufferyards, master plan policy as
standards,' policy sensitive site plans triggers, and wider
notice for heavy impact uses. After Council approves rezoning
to MXD which may be conditioned, a mix of uses is allowed
according to standards*
old non-residential districts stay, no change in their stan-
dardes but no rezoning to old non-residential districts. All
non-residential rezoning with HEX, PD or MXD.
e:
fib., N
ATTACMIT i
Page 5 Ay~7
~enOaNa
igandal
' Reasons for r29Mandin4-2
,ate ~ ll~ 9
a. Best system of toning.
b. A new framework for toning in Denton which mitigates land
use impacts consistently in all areas of the city.
Z!lectiveiy deals with "the edge" between different land'
uses*
c. Provides maximum flexibility to respond to market demands
so that a tract of land may be developed for different uses
without a zoning change.
d. Provide a framework for zoning which states the rules and
adopted policy up front to ensure quality development.
e. Zoning standards explicitly follow master plan policy.
f. System has been testeds relined, negotiated, discussed
broadly and openly for two years with businesses, Pit,
Council and neighborhoods with little to no opposition.
The Zoning ordinance Task Force tested the system with more
than 40 actual toning cases.
1
g. Non an American Planning Association award.
h, This will ensure that existing developments and existing
toning on properties will not be impacted. Development
rights and standards conferred by the existing toning
districts will generally be maintained.
i There is no apparent demand to rezone the entire city as a,
result of the zoning ordinance rewrite.
# usmrcn ier.meau•ncxt Xost sensitive to legal questions.
,
E
I
,
oa~~
_ Phi.
17
i
..,.._"ter •
ATTACWARNT 3 QomiIYO r
VOW
1. ZONING ORDINANCE
AMDRNTS KADE SINCE 1989 IgpS7~
"D
3 Step PD process.
• Conditioned Zoning.
3.° • outdoor ARUSeasnt District (OAR). j
Residential use in non-residential building. "single family
restrict*d."
Accessory uses. ~
3 types of Landmark Certificates of Appropriateness, two by
staff.
Signs in PD's.
Administrative approval of minor PD detailed plan cbanges.
{ {
r R
it r f Il Y,
i
I
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Qu[cx-REFERENCE DISILINCC STANDARD CHART
k 5;
i
! ! ar 1! Mf sr f oA O at C Ci u N 10
fTAM0Al0 A ! ! a
K to 10 7 R 1 a R
1
I i
MM. tOT MV, W OoTAC RO (000 d) 1 AC t{ 11 10 1 • 0 • • 6
UK a a
K WT W&! AITAOM (000 I) a a a a a a :
twR 9d! t13/. 3•►A111R.r alrtu~lla ~ o o + •
wot.IOTfauM/E.><ot6Rr ' 0 0 o
fiM viromwo"As "v to 12
UN. WTIIICM W DWh1O11D IN IN w w w w w w w a'
MoY. Wl W WK w ATTAGM w 2i w w v aw w w ar
~ w
• wi*. WT ~Vq~m i mmy owuL O w w w w
MOL a6T"WM MOLT1/AM1LT w w w '
o.
!FF MN. WT DOPM RIZMONIAL Un tw Iw Iw I w IN IN 100' IN IN IN
0I/I. WR hOM, rloNAaloTxnAl.
FIOACM >N 111 >K >d of b 00 0 00 00 AO
IiAkNRAMICo>ruACa<MY
a1 M'
ttlaila flT~AR OF OF w w Zc' 35' W 30' of w >r' t1' at' v
.mow wM-r. r
1! lar s r v . . . I1
atoe.»T>tAar r .
w w 1w la Iar If w
Itbo o{Ttfrcll Ati1ft11r10'AWOCMIIAL '
fx` KAAavoux if to' 10 Id lo' lop •
t
) ? w fop IV lop 10r lo' 1r of
rteslolsrnAL
o u .s u u st t a
MAO" "am OTMIM
kl 2:1 If:) 21 to
' no0o 1o AM 11AIIO
6590 io
r , .:t i1R N* MrJK M to 1K 9 If bd* Ml M/ed w.
N OI1111M1 a11.IrOlt s w &v •i an M V Me 14 lWkft It w 31', WM&W it pww. f
N• 001i0i1w.1 IrM sa MIM[ai *a M ww l1 M ow ow Nw Iw a& wade II GM ~ wd wawa "a" *wl p1 r1Ars Ox,,,,.,etl,
ZJ.+
I F .
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"Cu Couareial siatriaa
tmdaw 94- 037
tesuiir~.ee eses~ A~endalt
date I-8-9'~!
Pri~earv Reeidantial Unaa //~aaS9
Community Unit Development
Dormitory, boarding or Rooming House
Hotel or Motel
3
r4ucational. Institutional SRI I uses
Art Gallery or Museum
Cemetery or Mausoleum !
Church or Rectory I
College or University or Private School
Community Center (Public)
Day Camp
Q& Nursery or Xinderqamen School s
taIrground or exhibition Area
Croup Homes
Halfway House
Home for Care of Alcoholic, Narcotic or Psychiatric Patients k
Hospital (General Acute Care)
Hospital (Chronic Cars)
Institutions of Religious or Philanthropic Nature
Public Library
1 Monastery or Convent
Nursing Home or Reaidence Home for Aged
occasional sales
Park, Playground or Public Community Center j
School, Private Primary or secondary {
School, Public or Denominational
School, business or Trade j
UtilityAcciaea~incidental Us&&
Accessory
builds
I' Cosmunity Center~Private)
electrical substation
Electrical Trans- tselon Line
Temporary Field or Construction Of tics (Subjerct to Approval and
Control by buildin Inspector)
tire station or simig lar Public Safety buiidinq
Cis Transmission Line and Metering station
Home occupation
oft Street Parking Incidental to Main Use
Radio and/or Television Microwave Tower
Ott Street Remote Parking
1
I
"CN Commercial ni.tw+.• ivoa` •
lgendal le ~ _ ~ U
date
lltility. ACCessorv and Tn-iden *f... (r. tinueAl
fJC'~
Sewage Pumping Station
Private Swim lnq Pool
Telephone, business Office
Telephone Line and txchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Kell
Water Treatment Plant
alCraationa2 and En ~•~.++.-emu j
Amusement, Commercial (Outdoor)
Amusement Commercial (indoor) j
Country Cfub*4 Private} With Col! Course w r
re.3ce f1a11 ;r Night Club
I ' is Qolt Course
{ Commercial Colt Course
Public Park or Playground
Public Playtield or stadium
Rodeo Grounds
Roller or toe skating Rink
Csxually Oriented business I
Stable, Private Club
Stable, Commercial. Rental
Stable, Boarding
Swim or Tennis Club
Theater, Drive-in
'theater, other than Drive-in Type
I
Airport Landing Field or Heliport
Due Station or Termi,►al
Hauling or storage company
1lotor •reigM Terminal
Railroad ftel It Trrminai
Railroad Paes.nger station
Milroad Track or Right-of-Way
Railroad Teas Track
Truck Parkinq Lot I
Commercial Parking Lot or Structure
:f " ' ' } Automebiie sarvi . ~e... E
Auto Laundry
Auto Painting and body Repair
Auto Sales anti Repair (in building)
f
y
'1M'M G' A. PYa]/■
1
I
Ceuereiet Distriet teen-~~++~OaNO
AQ~ndal
Automobile Service Vsee teen inua~t~ ~/yJ y
Gasoline Service Station r ~~"~Sg
Her Auto Parts Sales Stores
New or Used Car Sales Lot (In open)
Seat Cover and Muffler Installation Shop
Tire Retreading or Capping
Used Auto Parts Sales (In building)
Retail and Service Tye _`sts
Antique Shop
Bakery or Coa:tectionery Shop (Ratan)
Cafeteria
Cleaning and Pressinq Small Shop and Pickup
y Custoa Personal Service Shop
Drapery, Needlework or Weaving shop
florist or Carden Shop
dreeMous• or Plant Nursery (Retail)
Handicraft shop
Household Appliance service and Repair
Laundry or meaning self service
Himeograph, Stationery or Otter Shop !
l Mortuary or Fnnaral Parlor
E. oft Priori owe loft oflBeerdand%oriminiti•~•
= On Premise Sale of beer and/or Nina
Licensed Private Club
Pawn shop
} Restaurant
Retail stores a
nd ah s - ,00
ce o square
fee
t or less
Retail stoma and. Shops -Over 40000 vquare teen `
4 Studio teti Photographer, Musician, Artist.or Health
secondhand store, used Furniture or Ruwmags Sale
Tool or trailer Rental
1 r
j sarieultura. Tvne +se■
Animal clinic or Hospital (no outside runs or
Animal Clinic, Hospital or Kennel (with outal4a runs or
Farm or Renck pans)
` Greenhouse or Plant Nursery l
Hatchs
j ►Y, Poultry ;
t.
vac . x. j
I ~
In7rY
a ~AU&r~i, nisi District teontinuedi '7
10 endaNo g
~gzndalle
cmerelai Me Uses We
/7&g s qF
Dak~rryy {NholesaLe) '
r building Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial)
Cleaninq Plant, galls or Carpets (Spacial Equipment)
Clothing Manufacture or Liqht compounding or Fabrication
contractors shop and Storage Yard
engine and motor Repairing
Feed store
Heavy Machinery galas and stora4s
Job Printing or Newspaper Printing
Laundry Plant C=lroial)
or lee Crass Plant
Milk De t, Da(ry, j
paint ! !
plunbirnqq hop
sclentitic or Research Laboratories
ftorage and sales of Furniture or Appliances (Outside a building) j
storage or sales warehouse j
Trailer Rental.or sales
Transfer, Storage and baggage Terminal
Mholeaale Ottici and Sample Roos ;
t i
U101 "Ida Casa •tst aa:ans ■zscuie gal i swtsst
j.
` M
Trailer Camp or Mobile Bose Park ~
EdLeatienai i~atit~ ien 1 4 awcid- Uaes
Fraternity, Sorority, Lodge or Civic Club
y
utility. l►e.^ ecru and incidental User
electrical Generating Plant f
Private Utility Shop or Storage Yard
Public'Building# shop, Yard of Local, State or Federal Government
sewage 'treatment Plant
[leereatienal and Entertainment Uras
Drag Strip or Commercial Racing
Go Cart Track
lM~, a .1YY,.i_r
owl
M q
teada No 12Y_,09 -7
' Agar~dal~.
Animal Pound (Public or Private) 0318
Coe~aarefsl I~ S'9
Flea Market
Natural ftuource aterae. ,R~ ~ 5
S.
Extraction and storage of sand, Callche, Stone, Clay or Gravel
k Us rary Asphalt or Concrete aatehinq Plant
Mixling and sale of Concrete
Floor/liras Ratio
=es Maximum
YARD a
z' Front Yard
minimum as tact
No side yard is speoltled lor,non-
resident iat use except lrhers a Won-
residential use. abuts upon a
district boundary line dividing such"
districts from a residential
w ! district or vhen the side" yard `.is
adJ&C*nt to'the 'strsut, in whibh '
h event a ten (10) toot side yard
shall be provided. "
Mar Yard:
No rear year is spaoifi*4 for non-
residential use. except vhere retail,
opmaercial or industrial uses back;
upon a eowon district line, vhether
separated by an alley or not,
dividing the district t
the residential distrlctsoll ted,of
minimum of tea (10) fast shall be
provided.
i r
f
w
low ~
N» A
Agsndalt~r-
miles:12401Ariorse Wte '
fi 19oa 9
Twenty (20) ivories, except ae noted in special setback
required for all structures over three (a) stories.
,a r"'. sn~*taxm~ie. tsant.~►aQms~ ~
r~ r I >Parkin4 (dried on use. sae Article 15.)
signs
12. Lightln4
. ; t,and#oa{►i .
s. Scream ipq Taming
sr
a A I'
,ir q r,
Yes Yes
OWAMW ow" awk4t No
M* Iwo
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and coeent
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ta!!!a~ bill p=pvitb3apo
1 t well !wall4t tA~ oltY
pro""
* s t !!ee aallM it "Yo beteeft
oweAes vlILLGOi tilt
VAN R40e6seMatlM pt'e~ated
pumtuq 4"
eslet
tt week preeaes KUAW am 9"1M OoalMiM
b polls teas
MeesrenAatles b eppews ~~~~~~ties ~
L"" COMMAS an Ntlt!eNS say apespeoiay al
aw
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C! CeratEl ribs >warlA j
1
at =a a ezdlsaAa aalal
11/eptlia e id
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po/ea+lnp
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ATTAcmceNT s
saanda,terrt -
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S
counc members have not wi ince the Council briefing and discussion on June 25, 1993, tour has Force recoma recommendations hreet'h
times. st fpoj eying are issues d the Task
staff comments. raised and
1. Standards should enable some flexibility in order to take into
account different situations and. laces. There should be some
way for differing parties to d,Wcuss and reach a balanced
solution.
dConitianed and PO zoning enable this.
None of the Task Fares r
outs syste~s now in piaee.OCOUSAMations affect our "work
, The
MXD district does standards. ~ Mandate or create rigid
• The Design Guidelines are not rigid, are not adopted by
ordinance, but provide a consistent basis for review.
Thera are man different was buffs
developed. y y ryard• could be
I ,
The Task Force recoamendations do not mandate sameness,
but reinforce the Denton Development planes
concerning mixed uses and neighborh policies
ood
protection.
at buyers should be Avare of what is allowed next door.
30 pieceseai amending will enable sore time for Council to
evaluhte Task ?ore* recommendations after Pit has reviewed
each of them.
4, Deal with the simple parts first.
5• There should be a needs analysis fou each recoaaandetion,
t i t See Attachment 2.
i. The cost Of new r i
egulations or standards should be known.
k 7. MXD allows too such staff discretion.
E .
• All rezoning still must be approved by council*
t ' MXD allows a wider variety of land uses than any
r district, but only with bufteryarda and site
t triggers. Tests on zoning cases since 199o show that lan
it
MXD were adopted, the most neighborhood sensitive zoning
cases would have resulted in MXD site plane. 911 would
have been site planned, requiring Pit or Council approval
of a site plan Aitk zoning to MXD,
Mrs:,
i
~gendaNfi
A!'TUC`DfJZ11! ! Agandall
Page ! D918 W 7-9 IV
~z3 s9
• The Task t►orce recomended alternate bufferyards to
approved by staff. piZ expressed concern on this'issue.
Staff (Iwgal and Planning) voa14* reeosimend alternate
bu tferyards be approved by PIN or Council. ~i3 nov
approves landscape ordinance alternate bufferya s.
6. XX0 enables Rspot coning'. = r•
i ,
• ! zoning. Is a court aade< rule.':,., '
• rye-an 1tiYOn, authdr dy 1!~! sfo that {
soning In occot mice vi~iuster.Plan pqi B►i not be r
_ spot Boning. =p!1 1 c.
ottor plank Bust be rtakken iioodunt am qI t spot
son issues may be a ht
iti tsd ppoo f
F analysis- The 11XD ad is ma ter plan polliciiesiitigates
the •edga01 between difi~rent land wee and c
planning ter the "at sensitive building. oap~is site
• ~oninq to NXD still rsquirer Council approval in all
v cases.
9t No. objection to piecaNal asenduent.
AMIMV1t
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ATTACHMENT 6
Planning i Zonln4 ~gAnd9N0
Minutes of Aug, 25,1993
Pages 4As~dalta
IN OPPOSITIONt Robert Neiliq, 809 Ryan Road, Denton, Texas,
Mr, Neillq asked why the easeuent.was not used to hook up to
the existing.drainage.on 21 Passo'
Mr. Bucek said his wanted over 9610,U0 not lose sight that the
case was•soninq, The issues that have been brought up are not I
the issue, but to find the less iKtense issue.
- REBUTTALt None
RECONMENDATIONt staff recommended approval of Z-91-019.
Public hearing was closed.
No further staff comments
Ms. Russell moved to recommend approval of Z-92-014, Mr.
Mortoa'seconded and the motion carried unanimously (7-o),
Work Session:
i New toning ordinance.
Frank Robbins explained that the purpose of the work session'
vas to answer any questions that the commissioners might have,- E
The Commissionors.discussed the zoning ordinance with special
attention to the HXD zoninq, They analyzed the 911 case and
the buffer yards, and the cost that could be involved with the
Y., buffer yards.
V14 DirsotbrOt Report
` Mt, Robbins said his only report was discussed in the work
session,
f
VILTuture Agenda Items,
+ Future agenda items were included in the packet backup. `
Heating adjourned at 700 p,m.
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WOW 014-037
Planning and Zoning Commission usndalterr~
Minutes for 9/8/93
Paye 3 9
STAFF REPORTS by David Salmon
Mr. Salmon explained that the easement vas obtained in 1979 to
accommodate an electric transformer. The transformer and
conductors were relocated several years ago and a building was
constructed over the easement tract. He explained that when
on easement is created by separate document you Must get rid
of it by separate document. The request is basically a clean
up request. Mr. Salmon said there is a building over the
space at the current time.
RECommDATIONi Staff recommended approval.
Mr. Norton moved to approve. the abandonment. Dr. Huey
seconded and the motion carried unanimously (6-0).
K.r. Cochran left at StO p.m.
V. Mork Sessions
' The new toning ordinances MXD, bufferyards, and
' administrative discretion. {
Mr.
Robbins conducted the work session. He informed the !
commission that the council did not approve the rewrite of the
zoning ordinance. No outside legal services were budgeted
{ for. Mr. Robbins said the outside legal services for the {
rewrite were not available in the budget that was approved for
l 93.48.
A discussion was held to better inform the commission about
the MXD district and the things that were involved in the
rewrite. Barbara Russell and Dick Norton emphasized the
importance of the rewrite and the MXD districts. Mr. Bates,
' a aaWx4 of the Zoning Task Force, asked the commission to
remember that the MXD zoning had two sides, and they should
not put on the demands without giving the developer some. of
the flexibility that could be offered with the mixed use
districts. Ms. Russell said she understood about the new
budget, but felt that the Commission should present something
to Council letting them know how the Commission felt about the
importance of the toning rewrite and the MXD districts. It
was the general consensus that the work should continue,
possibly for the next budget.
V2. Directorls Report
* PD-l6 minor amendment
Mixed Use District ATTACHMENT 2 Zoning Ordinance
See. 3.0. MIXED USE DISTRICT AgendaNo.
"MXD" AyetNiaite
otatb !11
set 3+1. PURPOSE 2bd~~
The Mixed Use District (MXD) is Intended to provide flexibility in accommodating a wide
range of land uses land uses within the district without adversely Impacting surrounding
properties.
The MXD allows diversity of land uses which reflects the intent of the Denton Development
Plan (DDP). The MXD is intended to implement policies of the DDP, particularly the
policy to promote land rase diversity, within a straightforward press.
i
Sss 3,2. HEIGHT A AREA REGULATIONS FOR NONRESIDENTIAL USES
Street Yard Building Setback From Any Street 23'
Interior Side and Rear Yard, Building Setback F
t Where an Interior property line of a nonresidential use Is proposed within a Low
Intensity Area and abutting residential uses or districts, the following standards shall
apply.
1' of setback per 1' of height
l . Minimu setback 15'
i red setback 2A0'
f Minimum Lot Depth None ,
Minimum Lot Width None
E Minimum Lot Size None
Maximum Height
No maArnum height has been established for any use within this district except the
height standards established by Ordinance No. 81-1 (known as th Denton Municipal
I Airport Zoning Regulations).
R
Y See.. 31 ADDITIONAL REGULATIONS
A. Schools and churches shall have access to not less than a collector-sized street.
7 s. 2
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ATTACHMENT 2 Zoning Ordinance
Mixed Use District
see. 3.0. MIXED USE DISTRICT AgWaNe
"MXD' Aper►tfalt
Date ~ ~ r ' 9 y
See, 1. PURPOSE 2b~
The Mixed Use District (MXD) is intended to provide flexibility in accommodating a wide
} range of land uses land uses within the district without adversely impacting surrounding
propardes.
The MXD allows diversity of land uses which reflects the intent of the Denton Development
Plan (UDP). 11e, MXD is intended to implement policies of the DDP, particularly the
polity to promote land use diversity, within a straight-forward process
Sea 3.t. HE(GB 1: AREA REGU''LATIONS FOR NONK~%!)ENML USES
Street Yard Building Setback From Any Street V
Interior Side and Rear Yard Buitding Setback
Where an interior property line of a nonresidential use is proposed within a tow
t Intensity Aiea and abutting residential uses or districts, the following standards shall
y I apply.
. 1' of setback per 1' of height
- Minimum setback 13'
i • Maximum required setback 200' ;
Minimum Lot Depth None
I. Minimum Lot Width None !
minimum Lot Size None
i
MWmum Hellht
No maximum height has been established for any use within this district except the
height standards established by Ordinance No. 81.1 (known as the Denton Municipal
Airport Zoning Regulations).
Set 3J ADDIMONAL REGULAMONS
A. Schools and churches shall have access to not less than a collector-sized street.
Z
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Zoning Ordinance
S. If an air quality impact analysis is re sired Muted Use Dutrict
ropy shall be required along with the submittal any atate
si a planderal regulatory agency, a
C. If a water quality impact analysis is required by any State or Federal regulatory agency,
a copy shall be required along with the submittal of a site plant.
D. AN lighting facilities shall be arranged to reflect the illumination away from any existing
residential buildings, or vacant land zoned for residential buildings. Such lighting
shall distribute not more than two-enths (0.2) of one (1) footcandle of light uponhany
existing residential use, or vacant land zoned for ; esidential use.
i
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Tt-~R80tlIRi
~ NG crTC o.,u n...
Prior to construction or development within the Mixed Use District (MXD), the fonowin
situations shall require site plan review by the Planning and Zoning Commission at a public
c
hearing. Ap} Koval of MXD zoning carries no vested right to construct any improvement. !
A. A structure which would exceed one-hundred thirty (130) feet in height.
IV.
1 Manufacturing, salvage, or repair uses proposed to operate outside of a cow-
building.
II C In Moderate Activity Areas as shown in the Denton Development plan (DDP) unless a
f disproportionate share of development Intensity, as defined In the DDP (refer to
Appendix), was allocated to a land area zoning I
development, as determined by the Executive Dirtoprir to rof i'ian in 8 g and DMXD, or by
evetlo o m actual
his designee, a site plan ah811 be required when:
I evpment, or 1
I. More than one-third of the area of a Moderate Activity
and/or zoned for commercial or retail uses as determinedArea would Direc or I
or his designee, and the proposed use exceeds its proportionate share of "Intensi
trips" as defined in the DDP, unless the development qualifies for a "bonus" for lad
use diversity according to the DDP (refer to Appendix). or
n
2. II a Moderate Activity Area surrounds an Intersection, and three (3) corners would
be developed or zoned for commercial or retail uses and the principal use in the
MXD exceeds the moderate activity area's proportionate share, according to the
DDP (refer to Appendix).
D. In Low Intensity Areas as shown in the DDP:
r
1- When a nonresidential development, exer..pt public schools, churches
would exceed the Low Intensity Area t;toponionate share of intensityaalllocation,
aAellda No U X43 ~
3 2
Wre_ t 1- •
27
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Mixed Use District Zoning Ordinance
according to the DDP (refer to Appendix), is closer than one-half (Y4) mile, measured
by th; most direct route from property line to property line of another nonresidential
use or zoning district. A vacant MXD will be considered a nonresidential district.
2. Where nonresidential development, except public schools, churches or parks, which
would exceed the low intensity area's proportionate share intensity allocation,
according to the DDP (refer to Appendix), and the size of the land area on which the
development would occur exceeds the area listed below according to the street
providing direct access to that development.
(a) Collector Street 2 acres
(b) Arterial Street 3 acres
(c) Freeway Frontage S acres
3. When any development would exceed the low intensity area's proportionate share
allocation according to the DDP (refer to Appendix), except the development:
s
(a) would not exceed two (2) stories, and/or; {
(b) would not have an impervious surface ratio exceeding 0.75:1 (7S%), and/or;
(c) would not h,wea floor-to-area ratio exceeding 0.36:1(3396), and/or, ~
(d) Is not a Clays VIII use (refer to Sac. 3.9. H) or higher.
E Along Carroll Boulviard, any development, except single-family detached development. i
Set 3.S. HEIGHT AND AREA REGULATIONS FOR RESIDENTLAL USES
Street Yard Building Setbacks From Any Street 23
'
j Interior Side and Rear Yard Building Setback:
Side and tear building setback
for single-family or duplex 10' between primary use structures
Side and rear building setback Min. 10' up to 2 stories, then 11
for multifamily 1' of setback per 1' of height abutting single-family
or duplex. Maximum regn€red setback 200'.
Height of structure shall be measured to the highest point.
Minimum lot size None t
Minimum Lot Width None
Minimum Lot Depth None
. ADo~dal
Dole
23 ~s~
Zoning Ordinance Mixed Use District
Maximum Height None
Maximum Impervious Surface Ratio for single-family or duplex (impervious surface to
land) .75:1
.6. STANDARDS FOR ZERO LOT LINE CONSTRUCTION
A. A zero lot fine shall signify a side property line which does not require a specific setback
of structures from the said property line on one (1) lot abutting said line. A structure
erected on a zero lot line shall have its building face coincident with the property lino
The term, zero lot line, shall apply to any residential development concept which fulfills
the above definition.
8. Only an interior side lot line may be designated a zero lot line. When Bach designation
Is made, there shall be a maintenance easement established on the same lot opposite the
side designated as the zero lot line.
C. A maintenance easement shall signify an area not less than ten (10) feet ir; width
extending along the property line of the lot where the adjacent property has designated
I a zero lot line at the side lot line. A maintenance easement shall be provided in
conjunction with the adjacent zero lot line to ensure satisfactory clearance between
structures on adjacent properties and to provide an area in which to repair and maintain i
a structure erected on a property line. The maintenance easement shall be maintained
f
} as an open space with no paved driving surface, no storage construction or shrubbery
I
except upon a finding by the Building Official that such does not impede the use of said
easement for the maintenance of the adjoining structure.
4
D. AlI maintenance easements shall be shown on the final plat of the property.
E. Common overhead projection from the building face (such as soffits) may project not
more than three (3) feet beyond the zero lot line into the adjoining maintenance
easement to long as roof drainage does not fall on neighboring properties. (For
example, guttering may be used to divert the flow)
F. No opening such as doom or windows shalt be allowed along the zero lot fine.
Sts, 33SITUATIONS REQUIRING SITE PLAN REVIEW
Prior to construction or development within the Mixed Use District (MXD), the following
situations shall require site plan review and approval by the Planning and Zoning
Commission at a public hearing. If the commission recommends denial, such request shall
the council unless the applicant, wn het ten 10) days of the commissions
not 't'
WaNo "7
S Date '
2 C~s g
a ,:err
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• Mixed Use Dstrict Zoning Ordinance
derision's decision, shall file a request in writing with the Department of Planning and
Development requesting that the council review the commission's recommendation.
Approval of MXD zoning carries no vested right to construct any Improvement.
A. A structure which would exceed one hundred thirty (130) in height.
B. In Moderate Activity Areas ai shown in the Denton Development Plan (DDP) unless a
disproportionate share of development intensity, as defined in the DDP (refer to
Append xN has been allocated to a land area by zoning prior to zoning to MXD, or by
actual development, as determined by the Executive Director of Planning and
Development, or his designee, a site plan stall be required when:
1. Residential development of more than twelve (12) dwelling units per acre, which
exceed seven-hundred fifty units in one local'
(750) an.
2. Residential development of more than twelve (12) units per acre, plus adjacent
existing development of more than twelve (12) unit per acre, which combined would
J, exceed seven-hundred fifty (750) units, if separated less than one-half mile from
another such development, nVasured by the most direct route along a street,
property line or zoning district line.
3. `Adevelopment of more than twelve (12) dweling units per acre which does not have
access to an arterial
I" C. In Low Intensity Areas as shown In the DDP:
1. When residential development exceeding a gross density of twelve (12) units per acre I
or nonresidential development which does not have access to a collector, arterial or
freeway.
i i
2. When residential development exceeding a gross density of twelve (12) units per acre
I is closer than one-half mile, measured by the most direct route along a street,
property line or zoning district line, to another residential development exceeding a
gross density of twelve (12) units per acre.
3. When a residential development with a gross density of more than twelve (12) units
per acre exceeds the number of units listed below according to the street that would
provide direct access to that development, as follows:
'i (a) Collector Street 100 units
(b) Arterial Street 150 units
(c) Freeway Frontage 200 units
i
4. When manufactured housing exceeds two-hundred (200) units per development, or
does not have direct access to a collector, arterial, or freeway.
6 Apandall L4
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Zoning Ordinance Mixed Use District
S. When a nonresidential development, except public schools, churches or parks, whkh
would exceed the Low Intensity Area proportionate share of intensity alkcatlor4
according to the DDP (refer to Appendix), is closer than one-half mile, measured
by the most direct route along a street, property line or zoning district line, to
another such nonresidential development.
D. Any residential development within two-thousand five-hundred (ZSOO) feet of the City's
wastewater treatment plant. C
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Zoning Ordinance
Mjxe,4 Use District
LAND USE CLASSIFICATION
e.., a i DIiAP7Z
The purpose of this section is to place uses into classes based on common factors between use lass as a with
the the level of Intensity ande~ sanceifacto (s wththe parts ularusecategory.cAdditional 1
preamble which identiries the n
factors may influence new or unlisted uses. i!!
I
For those nonresidential uses identified herein and classed according to their size, the
f all which b are
eskulation shall include the footprint
ar of the lt or not limited to buildings, storage yards service areas whether vnder~roof orlunroofedut'C}se
calculation area does not include parking spaces or aisles, required landscape areas and any
open unpaved and unused areas which may be located on the same lot or parcel.
x . A CU1S$1-~.$E$
Residential uses less than l dwelling units per acre
' Vacant land zoned, or land use equivalent to SF-E
Cotrec.ional Facilities (requires an SUP)
A CI ASS 11 USES
Residential uses between 1 and 5.99 dwelling units per acre
Vacant land zoned, or land use equivalent to SF-16, SF-13, SF-10 or SF-7 <
• Neighborhood parks excluding stadiums, lighted ball fields and other organized sport or
recreation facilitiu.
i
Farm and ranch operations.
'7
AgesldaNo ti '(3 I
Asendall
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Zoning Ordinance - ~4ked Use District
C CLAjjS III USE
• Residential uses between 6 and 11.99 dwelling units per acre
• Vacant land zoned, or land use equivalent to SF-3.5 or htF•R
• Parks with lighted ball fields and other organized sport or re(nation facilities.
CLASS IV USES
• Residential uses between 12 and 17.99 dwelling units per rr:rs
Vacant land zoned, or land use equivalent to 2F or MF•1 '
M
r . • Churches, Synagogues, Mosques, Temples and other sir ctures used for religious
gatherings with primary structure less than 10,000 square (-e ;t of area in all buildings on
P a 1M or parcel
„~:F::. C[ASS V USA
i
• Residential uses between 18 and 23.49 dwelling units per acrs
Vacant land zoned, or land use equivalent to MF-2
• Manufactured Housing (Refer to Part II, Sec. 2.5.)
1
Mobtfle Home Parks (Refer to Part We Sec. 7.1.2.)
i Travel Trailer/Motor Home Parks (Refer to Part VII, Sec. 7.1.3.)
r'
ProfessionaUAdministrative Offices (including clinics) and buildings with less than 4,000
Square feet of area In all buildings on a lot or parcel
1 Churches, Synagogues, Mosques, Temples and other structures used for religious
gatherings with primary structure less than 20,000 square feet of area it,, all buildings on
a lot of parcel
i
F. CLASS VI USE
• Residential uses greater than 24 dwelling units per acre
•
Professions l/Administrative Ofrces (including clinics)
r 7
40 No
4 AgeedaltetrV..~.
Date ~/-~-9/-1 •ry,
33 ~s'~'
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Mixed Use Distrktn ]ti Ordinance Qf 7
a Personal Services Agand2ffArq
Studios (health, recreation and cultural exhibition) Date
N cgs
• Commercial/Retail Sales and Storage less than 5,000 square feet of area in all buildings
on a lot or parcel and no more than four vehicular fuel stations or pumps
• Food Services
F • Private or Public Primary or Secondary Schools
f . Organized Sport Facilities
f '
• Special residential (dormitories, boardinghouse, nursing home, retirement horne, halfway
houses) excluding Family Homes and Group Homes as defined by the State.
• Day Care, Kindergarten or Day Camp
r
• Churches, Synagogues, Mosque, Temples and other structures used for religious
gatherings with primary structure more than 20,000 square feet but less than 30,000
square feet of area In all buildings on a lot or parcel
9. CLASS VII USES
Universities and Colleges
t Private SusineWrechnieal Schools
i
a Commercial/Retail sales and Storage between 5,000 and 30,000 square feet of area in all
buildings on a lot or parcel
l New and Used Automobile and Marine Sales and Service
I
! Medical and Scientific Research and Development (all operations enclosed)
• Churches, Synagogues, Mosques, Temples and other structures used for religious
gatherings with primary structure more than 30,000 square feet but less than 100,000
square feet of area in all buildings on a lot or parcel
.'f
A. CLASS Vill USES
• Fraternities or Sororities
• On-Site Food Preparation (where possibility of external odors exist)
10
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Vaal
Zoning Ordinance Mixed Use District
• Commerclal/Retail sales and Wholesale Warehouses/Self Storage Warehouses betweai
30;000 end 100,000 square feet of area In all buildings on a lot or parcel
• Combination Office/Warehouse/LlghtAssembly/Sales between 30,000 and100,000square
feet of area In all buildings on a lot or parcel
• Indoor Commercial Amusement AOandaNe
• Hospitals (Including behavioral and chemical dependency treatme~@~ndaite
• Hotels/Motels orite_
35 0 -9
• Vahicuiar Repair and Service enterprises and vehicular washes of more than 5,000 square
feet and less than 10,000 square feet of area In all buildings on a lot or parcel, and/or
with rude than four vehicular fuel stations or pumps
• Churches+ Synagogues, Mosques, Temples and other structures used for religious
gatherings with combined structures more than 100,000 square feet but less than 250,000
square feet of area in all buildings on a lot or parcel
1. CLASS 1x ncFs
• Combination Office/Warehouse and Distn'bution/Light Assembly/Commerdal and Retail I
Sala between 100,000 and 250,000 square feet of area In al] buildings on a lot or parcel
Vehicular Service, Repair and wash uses with more than 10,000 square feet of area In
all buildings on a lot or parcel
,t
J. CLASS X USES
• CommerciaAetail Sales between 250,000 and 500,000 square feet of area in all buildings
on a lot or parcel
Combination
OfflceJWarehouse/I,ight Assembly/Sales between 250,000 and 500,000
l square feet of area In all buildings on a lot or parcel
• Vehicular Service, Repair and wash uses with up to 30,000 square feet of area In all
buildings on a lot or parcel
"Alum=
• Vehicle Sales, Service, Rt?air and washes for vehicle weight rated greater than 10,000
lb. We weight or with more than 36,000 square feet of area in all buildings on a lot or
11
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Mixed Use District Zoning Ordinance
parcel
• Truck Stops
• Heavy Equipment Storage (outdoor) AgendaMo q
• Heavy Assembly Rgendaite
L>ata
• Light Manufacturing 3~~ 9
• Outdoor Commercial Amusement
• Fairgrounds or Rodeos I
i
}f i Stables or Kennels for Livestock or Domestic Animals (with outside runs or pens)
Commercial/Retail Sales over 5011,000 square feet of area In all buildings on a lot or
a parcel
• Combination Off ice/Warehouse/Ught Assembly6ales over 500,000 square feet of area
In an buildings on a lot or parcel
y:
` Stadiums
L CLASS X11 USES
he followins uses have nulsance (scion which have been identified as requiring special use I
r rro : regolatlons. The proposed development of any of these uses shall require is Specific Use
{
PtnWt SUP) to be rtpvlewed by the Planning and Zoning Commission at a publkhearing,
t? V"6 sthall anke"ric6mrimadetion to thu City Council. The City Council shall consider the
$UP at a public hearing. Notice of the Council public hearing shall be made in a
ampoper of geftul circulation at last IS days prior to such public hearing.
r
Prior to si hearing by the Plaaefag and Zoning Commission notice shall be made to land
owtsen within 200 fete of the proposal at least 10 days prior to the PlaanlnS and Zoning
Consmiulan public harlag.
Rehr to Section for Specific Use Permit application requirements.
,r
Livestock Feedlots
Slaughter House
Concrete or Asphalt Batch Plants (subject to approval and control of Building Official)
12
atia.
Mal
i Zoning Ordinance Mixed Use District
' Smelting, sepoWing or refining raw natural materials
Manufacturing from raw natural materials
Manufacturing, remanufacturing, distillation or refining petroleum related products
Textile Mill
Manufacturing from lumber and wood products ~gandaNa
Chemical Manufacturing Agendall
Outs 1 .
• Manufacturing of seaM detergents, perfumes e 7 f
nd cosmetics
9
heather tanning or curing
Manufacturing of stone, clay, glass and concrete products Including dry or slurry products
used In highway construction or building Industry
Manufacturing of industrial and commercial machinery and equipment, except home and i
office products
r
Baraction or storage of subsurface resources
Food Processing with food processing area greater than 4,000 square feel
Wastewater Reclamation
L^; Airports, Heliports (not including hetipads) and vertiports
?Storage of junk or abandoned vehicles
Open Uh!age yard
Transfet station, public or private (refer to Part VII. Sec. 7.1.1.)
Multiple material recycling facilit.es (refer to Pait VII. Sec. 7.11.1.)
i
' Disposal U biological or medical waste
Landrill
Any industrial use which due to the possible emission of smoke, gas, fumes, dust, odor,
i.' vibration, or the danger of fire, ekplosion or radiation as may be determined by the health,
13
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Mixed Use District Zoning Ordinance
f fire or building officials to be presently or in the future likely to be a hazard or nuisance to
adjacent property or the community at large, but which may be located and operated under
specific stanardL
Any use which requires special operating permits, due to toxic or hazardous emissions or
discharge or handling, from any State or Federal authority.
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Zoning Ordinance Mixed Use District
set 3.1 CLASSIFICATION OF NEW OR UNLISTED USES
It a use is proposed, other than listed here, and the proposed use cannot be identified by
the similarities of uses fisted herein, the following shall be submitted to the Executive I
Director of Planning and Development or his designee for determination:
t ,
A. A description of the use being proposed which itemizes the percent of different
*r 4 operations proposed to be conducted within a structure and/or lot or parcel. .
} M ' B. A description of the transportation modes to be used by the use.
j G A description of the utilities required.
4 t
Appeal Zoning Commission
of staff decisions shall be addressed to the Planning and 1 ganda~i
x E ° gate 6 iAl
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Mixed Use District
Zoning Ordinance
BUFFERYARn Qcp- U-- IRU Ag a o
Agendalt
~ec.3.1L PURPOcrr Ilat9 ~ 'uO~S
Bufferyards are intended to separate land use of different Intensity and therefore reduce or
eliminate the adverse Impacts of a higher Intensity land use on a lower intensity land use.
The type of bufferyard required is dependent upon the intensity area the vse is proposing
to locate within (refer to Appendix), and level of intensity as defined under Land Use
classification.
The total effect of required landscaping within the street yard and parking lots, combined
f th therequired bufferyards, should be one which Is complementary to the overall design I
proposed use and an asset to the community.
QUHMHAM It is recognized that land use compatibility Is often subjective
In its determiflation. In determining land use compatibility, it is helpful to
i determine what factors make two dissimilar land uses seem incompatible,
When that is decided, it is them necessary to determine what could be done
to make the two land uses compatible. This method, along with the adage
once coined by the ,,Died architect Frank Uoyd Wright, ",,,green
rd hides
( bumultitude of sins' were used to create the concept of bufferyards. The
i ryards contained herein, and defined graphically In the Appendix,
iJ, represent what is felt to be the most desirable method to mitigate detrimental
sensory Impacts from a use "not like me",
k
+ s1 ERYARD bESCRIMON
There are eight (g) bufferyard categories. The
type of bufferyard Is determined by 1) the
i , uses being buffered, and 2) the ability to mitigate the nuisance factors assodated with each
{ cuse')t I% the effectiveness, of the bufferyard to accomplish the task for which it was
t Diagrams and specifications of the buffo
Intended to show the basic requirements fo rbuffer included in the Appendix. These are
ryards. Any alternative bufferyard shell
equal the function of the bufferyards contained herein. The following Bufferyard Matrices
shall be used to determine buffo
t ryard requirements. I
1
16
.
a_rn
Zoning Ordinance u~Ds~
Sea 3.13. BUFFERYARD MATRIX Ag6o0&it
Low Intensity Ana Oats
14!
The following matrix shall be used to determine bufferyard requirements if adjacent to an
existing land use. The top row indicates proposed land use. The left column represents
existing land use as defined In Land Use Classification.
1 • • a D D F 0 H H H H H
■ • • A A a C D F C 0 H H
aI I A ' A a C C D a F 0 H
N D A A • A I I C D D F H
Y D I a A • • A / C C D H
N F C C I • • • • • I H
va 0 D C a A • • • • • A G
vm H F D C a • . • • • • p
Di H C t D C • • • • • • t
x H 0 ► D C D
70 H H 0 F D it A • • • • C
H D r
• Nona Requkw
hnohud way ,&O an SUP. bwff*yW mquiremenn may be kowcoaed as part of dr SUP.
f
The following matrix shall be used to determine bufferyard requirements if adjacent to
vacant coned land. The top row represents the proposed land use class as defined in Land
Use Classification. The left column represents the adjacent vacant zoning district.
IV V Iwo*
A f a►s • • A a C D E p 0 0 r H
W-14 W-136 aF-l *It »a • • • A a C D t p H H
f. a►, seas a W-A • • • • A a C I ► G t
` W-1 • . • . • A . a... . _C . E F H
10'4 A I H
p • • • • • • • • • A a C
ON.
• • • • • • • • • A a
!tS • • • • • • • • • • A C
Ca • • • • • • • . • A C
C • • • • • • • r • • A C
O • •
1J • •
lOm • • ' A C E F G H 1
• NON Ieg"
PwminW only wide an SUP. Sutreryant tequhmenu may be kxrmw as pan of N sup.
17
low
Zoning Ordin% $-7
Mixed Use District &L &K BUFFERYARD MATRIX gge9dult
Moderate Activity Center Date
LA ZE
The following matrix shall be used to determine bufferyard requirements if adjacent to an
existinj land use. The top row indicates proposed land use. The left column represents
existing land use as defined in Land Use Classification.
Am man mum =am =wan
t • • I 0 D C D t r ► FD H
n • • A A I C 0 t ► ► H
If I A • A I C C D ! t x
N D A A ' A I C C D D H
v D I I A • • A I C C 0
vt C C C 1 • 1
1
v D D C C A • • • • • A 1111
vid C t C C 6 • • • • • • 0
tx r r t D C • • • . • • C i
x r r r D C . • • . • . . I
• 1
to 0 0 ► ! 0 D A ~
Nord
Powdoed any WM an SUP. Tuft-Am requGwiena ety be kweaed ar part of dig SUP.
The following matrix shall be used to determine bufferyard requirements if adjacent to
vacant zoned land. The top row represents the proposed land we class as defined in Land
i Use Classification. The left column represents the adjacent vactint zoning district.
{
ofd 16 SPA SPA/!it-r • • • • A I C D t r 0 H
Ir, aPdi a 41 A• • • • A I C D t r 6
M/3 • • • • . A I I C C D 0
• • • • • . f
• !tone Aa"W
• • PaskW aly whh as SUP. &dhr rd ,egnAeeonenn wr tK I,naeaeed r part d drc SUP.
For vacant land uses currently zoned A, 0, P, OAR, NS, OR, C, CB9 Li, HI and MXD, refer
to Bufferyard Regulations numbers 3 and 4.
18
•
yW
I
F romw
Zoning Ordinance Mixed Use District
Sm 3.15. BUMRYARD MATRIX 9~etiaNa. ,
Major Activity Center
11 - p~f .
of $
The following matrix shall be used to determine bufferyard requirements if adjacent to on
existing loud use, The top row indicates proposed land use. The left column represents
existing use as defined in Land Use Classification.
n
N. mAn wN6 -.Am W& was= N j
D 1 c D
a 1 r a
1 • PA
e A e 1 1 C 0 0 a r 8 a A A I A 1 1 C C D
N A A A A .Ai1 eC D
Y D 6 A A A e e e C
N e 6 A • • • • • • e
vD C a e A A • ' • • • A a ji
vm 0 C e I A • • . • . • A
Or 1 D C I a • • • . • • A
x [ D C 1 e •
XI f E D C 1 e A
C • •
-A- A ML ML"
f , ►awkW ony wW en Sur. ev kn2r l mpg to my be Lweaed a pan d dw Sur.
The following matrix shall be used to determine bufferyard requirements if adjacent to 1
vacant soeed land. The top row represents the proposed land use class as defined in Lend
' Use Classification. Tht left column represents the adjacent zoning district. j
s11 • . . . . A I c 0 0 t r
IF-Ili W-0;Y-Ina:a • • • • • A A I C c D I
ar, w4s a W4 • • • • A A I a C C D t
q-r . • . . . A A e 1 a C p
• • . • • j
• None ~9~
" raedeed aay M& an Sur. e.vayad naas<aimu my be planned a pen or de Sur.
r
j For vacant land uses currently toned A, O, P, OAR, NS, OR, C, CB, Li, HI and MXD, refer
to Bufferyard Regulations numbers 3 and 4.
19
~s
,
f
1
Mixed Use District den u a
See, 3.16. BUFFERYARD REGULATIONS pbl8 /1- -
y~~159
A. A use proposing to locate adjacent to an existing land use, or adjacent to vacant
zoned land shall install a bufferyard according to the Bufferyard Matrix for the
intensity area, the existing use or vacant zoned land Is located within, and according
to the provisions provided herein. Density of adjacent residential land uses shall be
calculated using only the residential lots immediately adjacent to and abutting the
proposed use.
i
f
B. A use proposing to locate adjacent to an existing land use of equal or greater
f
%
intensity, as defined under Land Use Clasaifkatfon, shall not be required to install a
bufferyard. Density of adjacent residential land uses shall be calculated using only
the residential lots immediately adjacent to and abutting the proposed use.
C. If a use is proposing to locate within a Moderate Activity Center or Major Activity
Center, and Is adjacent to a vacant Agriculture (A) district or any vacant
nonresidential district or vacant Mixed Use District (MXD) also located within a
Moderate Activity Center or Major Activity Center, no bufferyard shall be required.
D. If a use is proposing to locate within a Moderate Activity Center or Major Activity i
Center, and is adjacent to a vacant Agriculture (A) district or any vacant
nonresidential district or vacant Mixed Use District (MXD) also located within a
Moderate Activity Center or Major Activity Center, no parking lot screening shall be
required.
E If a nonresidential land use is proposing to locate adjacent to an existing residential
land use within the Central Urban Center, as defined In the Denton Development
Plan, the nonresidential use will install a bufferyard according to the bufferyard
matrix for the Low Intensity Area.
F. If a we Is proposing to locate adjacent to vacant unzoned land, or in circumstances
not included herein, the Director or his designee shall determine the required
bufferyard. Bufferyard requirements shall be evaluated based on policies contained
In the Denton Development Plan. Appeal of the Director's decision shall be made !
to the Planning and Zoning Commission. Density of adjacent residential land uses
shall be calculated using only the residential land use Immediately adjacent to the
proposed use and should not consider the entire adjacent subdivision.
i
0. No bufferyard Is required between uses located on the tame lot of record.
F
H. No bufferyard Is required between single-family detached dwellings or lots.
I
1. For different use classes proposed in separate buildings on the same lot, the required
bufferyard shall be determined by the most intense use proposed on the lot.
20
.•4
.AtI
re F
AqS
Zoning Ordinance Mixed Use District
J. For different use classes proposed within the same building, the required bufferyard
shall be determined by the most intense use proposed within that building.
K. Bufferyards may be increased for any use requiring a site plan.
L Trees, fences or walls shalt not be installed within utility easements. Trees or walls
shall be permitted within easements designated for storm water drainage under the
following conditions: t
1. The drainage easement shall be open, as opposed to enclosed.
2. The proposed trees or walls shall not conflict with the purpose or function of the
drainage easement.
M. At least fifty (50) percent of all canopy trees, fifty (50) percent of all understory trees,
and fifty (50) percent of all shrubs used must be "evergreen".
N. All buHeryard plantings must be automatically irrigated, or have another readily.
E available water source, as determined by the Building Official. E
0. When the width of bufferyards A through F is increased by seventy-five (75) percent,
j the fencelwall requirement It eliminated, and the number of plants reverts to the
minimum requirement. i
i ~
P. When a bufferyard width is increased the number of required plants is reduced.
j However, the required plants in each category can never be reduced below 50% of
y the minimum requirement.
Vehicle parking Is allowed In bufferyards except within ten (10) feet of the properry
line. When parking spaces are included in a buff'eryard that has no fence or wall, all
parking spaces must be totally screened to a height of four (4) feet at time of
' plantin& by evergreen plantings or berms.
I' R. All parking areas and parking spaces shall be designed and constructed to protect
adjacent residential uses or districts from the direct light or glare of headlights from
vehicles using the parking area. Where it Is physically possble to do so and
accomplish the above stated purpose, all off-street parking areas shall be effectively
screened by a solid wall or fence where adjacent to land use Classes I, 11, III, IV and
V. Except where such wall or fence would create an unsafe view obstruction to
motorist as determined by the City Engineer, such wall or fence shall not be less than
four (4) feet in height. In lieu of such wall or fence, a strip of land not less than ten
(10) feet in width and planted and maintained with an evergreen hedge, or dense !
planting of evergreen shrubs, not less than four (4) feet in height at time of planting,
may be substituted. An intersection visibility triangle shall be required in accordance
with city regulations (Code of Ordinances, Chapter 18-196 through 18-198).
AagodaNo of 14 -.c-9 07
1
21 AQBRGol1
, -g
Date ,
Mixed Use District Zoning Ordinance
S. At time of installation, the minimum size canopy tree is two (2) inch caliper. The
minimum size understory tree is one and one-half (1K) inch caliper. The minimum
size shrub Is five gallon. All plants must have sufficient permeable area available
for root growth.
T. All exposed surface areas are to be planted with an appropriate grass or ground
cover.
U. Advertising or signs in a bufferyard, which are visible from the lower Intensity side
of the bufferyard, are prohibited,
v
' V. idufferyards shall not be required within the area designated as the street yard, j
However, the total effect of required landscaping within the street yards and parking
I
i lots, combined with the required bufferyards, should be one which is complementary
to the overall design of the proposed use and an asset to the community.
W. Maintenance Requirements.
1. After complying with the requirements of this section, the owner and each i
successive owner of the property to which this section applies, shall maintain the
required trees, landscaped areas, and screening devises in good condition, and i
shall otherwise maintain the property so as to comply with other requirements of
I this section.
s L Where any owner of property to which this section applies, fails to reasonably
maintain the required trees, landscaped areas, or screening devises, or maintain
the'property soas to comply with any requirement of this section, the Department
may issue a written notice and order to the property owner requiring the owner
i to replace any dead or dying trees or landscape plant materials that were required
by the Plan or this section; repair or replace any man-made screening fence
%
required by this section which is destroyed, removed, or becomes dilapidated or
in disropair, or require any other action otherwise necessary to abate any condition
to, meet the requirements of this section.
3. Within ninety days of the issuance of the notice and order, the owner shall comply
therewith The Department may grant an extension of time beyond the required
ninety day period for the replacement of required plant material, where seasonal
or adverse' weather conditions make replanting or replacement within such period
i of time Impractical.
AQe*No q
~4gend2il
, j IN • / ~
A L4 b o~ S`9
22
]Nip
I
Zoning Ordinance Mixed Use District
See- 317 AU7ERNATE BUFFERYAIa
An alternative to the bufferyards contained in the Appendix shall be considered based
the alternate proposals' ability to accomplish the intent for requiring bufferyards. A plan
reflecting the alternate proposal shall be submitted for evaluation to the Department of
Planning and Development who may approve or deny the alternative
An alternative bufferyard shall:
I
A. Provide an equivalent distribution of vegetation to ensure that the Intent for requiring
bufferyards is met, and shall ensure adequate area for root development is provided as
determined by the Executive Director of Planning and Development, or his designee, or,
B. Consider existing site conditions such as topography, existing vegetation and the need to
h enhance existing vegetation to accomplish the intent for requiring buffetyards.
Topographical variations could preclude a normal installation, or act as a screening
l mechanism. A topographical variation may serve as a screening devise if the use
f requiring the screening fence Is separated from the adjoining use by a thirty percent j
(30%) slope or greater, as long as the elevation between the two uses is at least seven
feet. (Property requiring the screening fence is at the higher elevation), or,
i
C. Consider existing vegetation located on an adjacent property if an agreement It executed I
1 between the concerned parties. The required instrument shall be obtalned from the {
Department of Planning and Development and executed in the presence of the Executive
Director of Planning and Development or his designee. The Executive Director of
t Planning and Development or his designee shall be required to review the Instrument
with the seller.
Ill executed instrument shall accompany an application for building permit. If no
building permit or Certificate of Occupancy is issued, the egreement shall become null I J
and void.
Appeal of staff decisions shall be made to the Planning and Zoning Commission.
S 3.18 EXCEP'I'fON TO BUFFERYARD REQUIREMENTS
A. The following exceptions to the bufferyards shown in the matrices shall apply to Class
III, through and including Class viii uses proposed adjacent to single-family detached }
or duplex uses or districts: i
If a building is proposed with a setback from a property line so that the top of the {
building is equal to or less than a vertical plane angle of thirty degrees (30°) the required
bufferyard shall be a minimum 'D' bufferyard. The vertical plane angle shall be I
of daNtt
23 Agsndalt
Dale ' q
Li
~sq ~~x
Mixed Use District Zoning Ordinance
established at the following points: top of building; bottom of building at the same
elevation as the property line, and; the property line. In addition, the following minimum
requirements apply.
1. the minimum width for the buffer yard shall be ten (10) feet
2. shall install a minimum six (6) foot wood fence or masonry wall
8. The following exceptions to the bufferyards shown in the matrices shall apply to Class
IX, through and Including Class XI uses proposed adjacent to single-family detached or
duplex uses or districts: }
f;
If a building is proposed with a setback from a property line so that the top of the
building is equal to or less than a vertical plane angle of thirty degrees the required
r; bufferyard shall be a minimum V bufferyard. The vertical plane angle shall be
established at the following points: top of building; bottom of building at the same
elevation as the property line, and; the property line. In addition, the following minimum
requirements apps"
1. the minimum width for the bufteryard shall be twenty (20) feet
2. shalt install a minimum eight (8) foot masonry wall
For uses proposing one of these alternatives, a landscape plan shall be submitted to the
Department of Planning and Development far review and determination. Appeal of staff
decisions shall be made to the Planning and Zoning Commission.
if the vertical angle is greater than thirty degrees (30°), the bufferyards as described in the
' matrices shall a
' PP1Y•
IAgeMaNo
Apitadall
Date k,
24
i
E
y
Zoning Ordinance Mixed Use District
I~ The following table is provided for simplification and as a quick reference chart. If the
proposed height fs to be other than listed here, or if an angle is selected less than 30', refer
to the graphic following the table, and accompanying formula for calculation.
BUILDING SMACK REQUIRED BUILDING SETBACK REQUIRED
HEIGHT WITH 30' ANGLE HEIGHT WITH 3A' ANGLE
f lop 17.3r 55' 95.26'
15' 25.98' 60' 10192'
34.60' 65' II2.S8'
i
25' 43-0r 70' 121.24' f
30' 31.96' 75' 129.90' !
60.62' 80' 138.40'
I
40' 69.20' 85' 147.22'
45' 77.94' 90' 153.88' {
30' 86.60' 95' 164.34'
The following graphic represents this method of application: I
t
Top of eutlding
A
. { a6 e
f a a Property Une .,C
k
J - R
1 tla 0 so 0 I
' Distance of Setleck
l
I
To determine the setback required: c a a s Tan of A
where:
A . W (or 180 minus angle C minus 90')
B = 9Q' (bottom of wall at same elevation as property line)
C = 30' (properly line)
i
25 i
i Y
n
R Mixed Use District Zoning Ordinance
a a height of building
c a required setback
I CommenteM A step-by-step example of this application follows, using a 20'
tall structure and the -nWmum angle of 30':
i
ca20,*TanofA '
c e 20' • 1.132 ~gendaNo g l
c a 34.6' setback ~aeadaltarn
pace g -941
Sec. 3,119, SCREENING DEVISES sG S
The following standards shall apply to all non-living screens Installed in bufferyards for the
purpose of separating land uses, as required.
f hall be the minimum acceptable and were created
Cummentr rv: These standards s
after considerable research of 1) companies which design and/or Ins tali commercial.
' grade fencing and wails; 2) exist ingconstruction standards of other cities, and; 3) the
" age and condition of fences and screens currently in Denton and other areas.
A. Wood Fences
i 1. Wood fences shall be at least six (6) feet tall
2. With the exception of room for normal expansion, shall not contain spacing between
vertical members
„ l3. Metal support post shall be required, and shall be a product 40 or approved equal.
t 4. Hinges, brackets, caps and other metal components shall be hot-dipped galvanized.
S. The post hole shall have a minimum diameter of nitre (9) inch.
6. Vertical post shall be sunk not less than eighteen (18) Inches into the ground, The '
hole rot the post shall have a minimum depth of twenty-one (21) inches. A three (3)
I Inch layer of gravel shall be placed at the bottom of each hole.
7. A ten (10) inch wide by four (4) inch thick monolithic reinforced concrete mow strilti
finished at grade, shall be required.
8. The maximum distance between posts shall be eight (8) feet.
# 9. Horizontal nailing members or stringers shall be 2"x 4", pressure-treated No. 2 pine
rated for outdoor use. A minimum of three per section shall be required.
26
'I
I
Zoning Ordinance Mixed Use District
10. Vertical members shall be a minimum of No. 2 cedar and secured with either
anodized or galvanized screws; cement-coated or epoxy-coated nails rated for outdoor
use.
ll. After installation, the fence shall be maintained so to present an attractive
appearance. Vertical members shall be replaced as they become damaged. Fences
which are stained or painted shall be maintained in that state so to present an
attractive appearance at all times.
Commentary: Wood fences are permitted in an effort to provide the most
cost-effective method of providing a screen-while aesthetically eliminating
elements which contribute to the sense of a "fortress environment" as
• commonly felt with masonry fences. IMe specifications contained herein }
exceed those erected by the typical homeowner and as such, are expected to 1
i provide the required service for many years in excess of typical wood fences.
B. Masonry
ggaNc
.'All masonry, stone, brick or matonry•product fences: Ag9Adalt
~a . 1. Shall be a minimum of six (6) feet tall $ / p1s cj
2. shall require a ten (10) inch x four (4) inch reinforced concrete stow strip
F . ' 3: Shall be designed, sealed and signed by it registered professional engineer
5
„4. Shall be approved by the Building OfficLal
In otder to allow for appropriate storm water runoff, the Director of Engineering m his
designee shall evaluate a proposed fence for proper ground clearance: A proposed fenw
may be required maintain a ground clearance, or provide openings in the will to allow for
grope: drainage.
E~
1
r
27
i
ip p
Y~'
w 1.
r
r
SUGGESTED PLAINT LIST ~gentfaNo14
Apdail n,
the following plant Wt wu comptted by the pub and Reereation Department and to - Pee
- g' S9
have proem nxcmfW and compatr'bk with Denton soil. This list L not intended to be 4 inclusive, but
ether u a guide fa those not faraiar with thL area.
1192M lS ROOM HIM l= iilzam
CANM 7ttF1iS
AW M Mae r" ddufn x Id w tlra
t~lowerkq t+st M+s aialw var. '
'bndtad"wb one w w /M i
hfd layer Tana" &Mki m ad 10' *A
M"k Aar yrwA&awm it w Spa
tb.roak Qurar~awnrp Tr 1P fM
C" M"k Am baibamm w. adds to 10 aw j
Gdar Me Utrrr audA ie 71? w so
Qb*"k Od Wew WAW a* IOi id SuNM Slade
Ilmom W Gds AW44 r 11,311 tMa It 1d 10 tie
` Mo< x
Luddd so Ubm p1m, a 1r w far
cow amsm then and kwdew Mod" Put*% vwv !0' 10' M tWa
Anklrl Goble PAIN Tee lasim" 0nieadatt w 3w tar
%M ag o OWN" w 00' in
Mwiwd Oak Qwr" rMr,ri 70i ae' a.
` imrsem Lm oak Q«r III x Aw w flea
tirdeaedts prae~r 10' Or so~ Qada
Tar *al Oak 01806 000 10 1t► *A
woww swomy fwyt"kaw"dl 10► w or~ xkede
ummmmy "m
i aa~a kadb to tv +
Deem Won W aver AaetpWW *06" +eaew X 3r tr w 1
oa"WA H* QwMM6arl on &dda0 It tr If SM/lude
Davit "New OAeM4 fiewi Do IV be
WNW «ltaae S*m Wbb xr !s' !blinds
MAN MrtM sd ao
tlewaYt h3 itxw'rods lr t! Sr
btafaM s+dry+ ~wW medoe. rrr str ~wwe
wdeM ywar yew usleaaa xr 71? tlnAA& J
a x btrdaa Wlyd bam* MMWWA No"
kwe.ar a 1~ W ar &A
MM bt„da bttt1ea arvirs It Ir 1d sw~ 11" j
y"Ift Yobs Is rrnieda x Ir jr fhws de '
mot ftm fto"a Y&M IV 17 SnVlkade j
tbatrr Ikry SU araarM x If 1r liWaMds
prim a'
Abd % D w( Cleary W"M
Garebr' Abdk I V%AI S It r r &M~ 9"
N Maboeta trAorotaor x r I thwM *Ade
A" Gtae of baron) Wbbm gdmm x 10 IF SWW*A e
t
~wl
larerrp kftb 6w6wo vrwwprnr f r SAWSIM le
l.rearrp, alaaoa kftb 6me.li Waooe r r . lwaraaea
m rd Hoeg Dwarf ea oaaw barford[ nw' x r f Sunl9w/e
crime Hoeg. Dwarf on O "m 1wnndi x r r Sum/pok
whoop mN gkwbwq a.o.ov+ a e A"d x r r trevrars SAok
lfaedef ttmyarra ?led Hay' traeywue dwr aoae"m f r Su~ sbok
Easter's Hour lta a ateelM U Yanaf x If 1• sumoll3eda
nommi, Quince Omeo.da Aop Ja r • mollshale
roeoydria hnpdde a' ntr adia r f swr n sAde
Hoeywoof Amipar Amak a dta,mda war. lardon' x if r be.
Mary Rd Hoeg in a. harp Halo! x IF 14, b W*Abla
Hartl{ea Caepw mom"* al" boaf«se x r At
wtvl~,de
wow HaodiO. wdia dewrdea lord x r r etwe•aee
MOW a leenm Hoeg W or, WSW & larvmf If If if lrrvlwla
rtteyo
cr~a.~ry arorMtr rloaaa !ir
If r
M omm. Flow 1606r a bowl X If r to~ Sl"
mor Jnipar JaaiWW dtiaatde war. x f • lrr
% "so vabousa 4600 t v AMA r r M IM *Ah
wen!r J~.i Pena aoer«r x r baba
Y ho~►, Dwarf o« roW" Inew z r r lot ev=ra,
I GilCM OCMlR
~Y'` AdaleJa~i~e Tmisiatlrmom a"aow z IF r uavewa
oYb+at Jtwyar J rlMer hallaos" z Is ♦ ilt„
f3rrarf r f.wd~ neee door x IF r awls
ft " by Il law tirea x It, It
a.ba
Oewp sob&& hair &W arypMtar x tar ? bar.
rr So sam Mfa Losirrs *Wm *V ro x Ir It &W/hft Oak
ueg" urkpawad x 1Jr 1' srrvade
q NOO& emn 00MV060+loe09041 x r able
Jyure CW" A04W Jmibarrs pa lmok" lowed x r r law
f
I vacs
eeaaa Ay Ardwodaw da.fWae ri ti Abold
i 4raea Jrradn Oabrraira wrrsC,oa z It, to
j. CMIr Wdw %A" dewy W IwMM ads
Dural PAWPo6 fa tawkan aaaywrol,en It
tar to
D,w vMa M/ttwr nraolel. x IF /wwrs fNle
j ° arb+ Mr Mdra x Ir aala
t* Makda am ease Imkda tr sm
lwim Ammonia C km* as" Wimmism IF loVlrale
%NOMPOR dMr Clwpk a taslaMntw'awdataa 3s' &WTM ale
PW
nr*b o"Or rartlWo&" gtilt *k br k^lhe a
GRAM UW ~
lawrada Craaa Qra
J lrlrak Ceaw ~
R As"" Oear C
?sae ram x wale ;
p rdaN0 U t
f a O~aiedatt . ~
SS,
f s
1
A»io
a~cMaNoGIL -p3~
SUFFERYARD A agendall
Okie
s oas~
tips
i
. r
Ml -1.
~ ~~ObD fEtJGE~ 6 tll.10ERSToR'r TRtlts
wtpl~
-f.
..t
k
BUFFgRYARD 8
Nth
.
i
wbo~t~re + c~.loPY, a ~NOFRSTacY 3
G~GN 1' hjlG'M W~-P b~ +"/p flaWOP-
Pl.ANTs
I
SUFFERYARD C
~y9(IGaNo `
AOanAnlta
DBtB ~
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DATE e November 8, 1994 - A~
v~
CITY COUNCIL REPORT
,
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TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTs Groat American Main Street Awards Resolution
i
UCONKENDATION&
i
Staff recommends approval.
SUJIMARy:
The resolution states the Counoil's support for the
community,s downtown revitalization activities. Such a
resolution is 'a necessary part of our entry in the Great
American Main street awards competition.
77 Council heard a proclamation on thin subject last week. We
have since learned a resolution is lecessary.
PpbaRANB. DEPARTMENTS OR GROUPS AFFECTED:
Main Street.
4.
FISdILL IMPACT:
None.
Respectf y submitted: M
Prepared bys Lloyd V. Harrell, Ci Mana9ar
3t
aNc H. o ins, AiCP
Executive Director of
Planning and Development
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RESOLU':TON S0. r
RESOLUTION
NTO THE GREAT RECOMMENDING AMERICAN KA7t' GTR ET MAIN AWARDS; STREET AND ENTERED PROVIDING
FOR AN EFFECTIVE DATE.
;
WHEREAS, the downtown area and the Square in Denton has been
the focal point of the commercial and social growth and success of ;
Denton for nearly a century and a half, and continues to hold a
place of honor in our community) and
WHEREAS, the citizens of Denton and tho 'aerchants of Downtown {
Denton have endeavored to preserve and promovs the unique heritage 4
of Denton, and many volunteers have unselfish.y contributed untold
hours of their time and effort to the economic revitalization and
development of the Downtown Denton area and the Square: and
j WHEREAS, the citizens of Denton, the merchants of the downtown
area and the square, and tho employees of the City of Denton Main
Street have joined in a :mique partnership in promoting these
objectives for the downtown area and square by forming and
supporting the Denton Main Street Program and they believe that
dawntown revitalization efforts in Denton represent the spirit of
our pioneer forefathers and the vigor of our present day antrepre-
I neural and
WHEREAS# the success of the Denton Main Street Program in
l1 restoring economic vitality, preserving and restoring historic
sites and the resulting commercial and social success in the Denton
Downtown area and the Square is unsurpassed when compared to
similar communities and should qualify this program for a Great
American Main Street Award; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
fi=ION Is That the City of Denton fully supports the entry of
the Denton Main Street Program in the Great American Main Street
Awards competition.
i
j SRaZION Ii. That this resolution shall become effective
IJ immediately upon its passage and approval.
f
PASSED AND APPROVED this the day of , 1994.
i
BOB CASTLEBERRY, MAYOR
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Apat,daNo Cl
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gate
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ATTESTS
JENNIFER WALTERS, CITY SECRETARY
•
BYt
VED AS TO LEGAL FORM'
APPRO
APPRVEL X. BUCEKr ACTING CITY A'T'TORNEY
MICHA
BY
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PAGE 2
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