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Home My WebLink About11-21-1995 ter, f 3 1 l~ 1 , 1 CITY COUNCIL AGENDA PACKET 11-21r-95 • i 1 • AGENDA AOMM VAN J.~ CITY OF DENTON CITY COUNCIL h, November 21, 1995 Closed Meeting of the City of Denton City Council on Tuesday, November 21, 1995 at 5:45 p.m. in the civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:45 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider settlement in ~q agen, et al, v. City of Denton. B. Real Estate Under TEX. GOVeT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVtT CODE Sec. 551.074 1. Receive a management report on executive search firms to conduct a recruitment and placement of a City Manager, Regular Meeting of the City of Denton city council on Tuesday, November. 21, 1995 at 7100 p.m. in the council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered 7:00 p.m. 1. Pledge of Allegiance I 2. Resolutions of Appreciation A. Consider approval of a resolution of appreciation for Leonard Braughler. B. Consider approval of a resolution of appreciation for Danny Jenkins. 3. Citizens Reports • A. Receive a citizen report from Carl Williams concerning a Citizens Police Review Board. B. Receive a citizen report from Billy Braswell concerning the waiver form for the City of Denton Youth Basketball Program. s 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a .36 acre tract from the Single Family - 7 (SF-7) district to thu Planned Development (PD) district and approval of the Detailed Plan for property located at 1920 N. Bell Avenue. (The Planning and Zoning Commission recommends approval 4-3.) • A • City of Denton City Council Agenda November 21, 1995 AWAil lw Page 2 0111 B. Hold a public hearing and consider adoption of an ordinance for a specific use permit for Sterling House, a nursing home or residence home for aged (assisted living) on 6.3855 acres in the Agricultural (A) zoning district. The subject property f is Lot 1, Block 1, of the Gateway Addition, and is located on the west side of Hinkle, one hundred feet north of Meadow Ridge. (The Planning and Zoning Commission recommends approval 7-0.) 5. variances A. Consider a variance to Section 34-114 (17) [sidewalks) of the Code of Ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract is located on the east side of F.M. 2164, approximately 4,000 feet north of Loop 288. (The Planning and Zoning Commission recommends approval 7-0.) B. Consider a variance to Section 34-124 (f) (concrete channel) of the Code of Ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract is located on the east side of FM 2164 approximately 4,000 feet north of Loop 288. (The Planning an d Zoning commission recommends approval, 7-0.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has hai an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7.A, 7.B, 7.C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. • Upon the receipt of a "request to speak" form from a citizen regarding an item on the consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders 1. Bid 11802 - Distribution Transformers • 2. Bid X1814 - 69 KV SF6 Circuit Breakers 3. Bid 11828 - Teasley Lane Median irrigation B. Interlklcal Agreements 1. Denton County - Police Vehicles i City of Denton City Council Agenda November 21, 1995 Page 3 AW46 MM DIM 7. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awardinc a contract for purchase of materials, equipment, supplies or services. (6.A,1. - Bid #18020 6.A.2. - Bid #1814) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.3. - Bid ,#1828) C. Consider adoption of an ordinance authorizing the city Manager to extend an interlocal agreement with the County of Denton to authorize participation in various Denton County contracts for the purchase of various goods and services. (6.B,1,) 8. Ordinances A. Consider adoption of an ordinance renaming Payne Drive to Windsor Drive. (The Planning and Zoning Commission and the Historic Landmark commission recommend approval.) B. Consider adoption of an ordinance authorizing the Mayor to execute an engineering services agreement between the city of Denton and Gutierrez, Smouse, Wilmut and Associates, Inc, for Cooper creek Drainage Basin rehabilitation and design. C. consider adoption of an ordinance approving two hour parking restriction on Elm, Cedar, Pecan, and McKinney street directly adjacent to City Hall West and to provide for customer parking St00 a.m. - 5:00 p.m. Monday through Friday heading east approximately 250 feet. 9. Resolutions A. Consider approval of a resolution supporting settlement of issues affecting TMPA cities and amending the power sales contract; directing the Mayor, City Manager, and Denton's TMPA Board Members to work diligently on behalf of this compromise, 10. consider a motion to confirm the appointment of a Fire Chief. 11. Hold a discussion and give staff direction concerning selecting an executive search firm to assist the City council in recruiting and selecting a city manager, • 12. Receive an update from the Acting Municipal Judge regarding the , Municipal Court of Record. • 13. Consider nominations/appointments to the City's Boards, Commissions and Committees. A. Keep Denton Beautiful Board B. Traffic Safety Commission C. Sign Board of Appeal& D. Joint Tax Abatement Committee N~ O I City of Denton City Council Agenda Awds No. November 21, 1995 ~~Item~---- .3 Page 4 ONo 14. Vision Update E 15. Miscellaneous matters from the City Manager. 16. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 17. New Business This item provides a section for Council Members to suggest items for future agendas. 18. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day f of 1995 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY • WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-6309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. • ACCO02CF • 0 d TON F oooa oao 0000000 , 3 Od 0 0 0 OOQ~ ° No p~p0 UaDao ~ oD~ A CITY COUNCIL • I . ww►w, -U~ In epprtdattun of "LRONARD BRAMMLER• WHEREAS, on October 1, 1995, Leonard Braughler retired, after serving with the City of Denton aince October 1, 1967; and WHEREAS, during the past 28 years, Leonard has represented our City as an example of a quality service employees and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Leonard and wishes to recognize same and WHEREAS, Leonard has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, That the sincere warm appreciation to Leonard Braughler felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by reading this resolution into the official minutes of the City Council of the City of Denton, Texas and forwarding to Leonard a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the day AAR"-t4 1995. BOB CASTLEBERRY, MAYOR - i i a ATTEST: • JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMr HERBERT L. PROUTY, CITY ATTORNEY BY: • AW4 BUT/ ~Re~ol urt i 7'77 95 In apprt tabor of 'DANNY J=NICIN6• WHEREAS, on November 3, 1995, Danny Jenkins retired, after serving with the City of Denton since September 25, 19641 and WHEREAS, during the past 31 years, Danny has represented our City as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Danny and wishes to recognize name; and WHEREAS, Danny has alwale served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the city, and has earned the full respect of his fellow employees, colleagues, any' citizens of Dentonl NOW, THEREFORE, - THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi That the sincere and warm appreciation of Danny Jenkins felt by the citizens and officers of the city of Denton be formally conveyed to him in a permanent manner by recording this resolution upon the official minutes of the city Council of the City of Denton, Texas and forwarding Danny a true copy thereof as a token of our appreciation, PASSED AND APPROVED this the day of 1995. BOH CASTL88ERRY, MAYO ATTESTi JENNIFER WALTERS, CITY SECRETARY . BY. APP VED A TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY i BY: r . .r , 11 a 1 ~ ,1 1 r 1 . i e of ..1. .3'i 14i•'." ' CITY OF DEWON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817} 566.8307 Ofte of the City Manager MEMORANDUM TOr Lloyd V. Harrell, City Manager FROMt Veronica S. Rolen, Administrative Assistant II f DATE: November 19, 1995 SUBJECTr Citizen Report by Billy Braswell Mr, Billy Braswell has requested to address the City Council regarding the waiver form used by the Parks and Recreation Department for the youth basketball league. I have discussed his concerns with Ed Hodney, Director of Parks and Recreation. Also the Parks and Recreation Board will address this issue at their November 20th meeting. Ed Hodney will be available to respond to any questions at the November 21st City Council meeting. Please let me know if you,, have question or need additional information. Veronica S. Rolen 'Dedkated to Quality smite" ~ " ~ li i 0 • O l DENTON ,~a~00 000~00~ pogo a D ~ ~ o00 000`, ~ o ~ o d o o cz) o 000 ~ ~ ~OOp 0 No Qaaoaaaoo ~ CITY COUNCIL r i DATE: 11/21/95 Ape ft om CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone Lot 3, Block 1 of the John T. Campbell Subdivision from Single Family-7 (SF-7) to Planned Development (PD) and to consider approval of the Detailed Plan. RECOMMENDATION: The Planning and Zoning Commission recommended approval (4-3) at its meeting of October 25, 1995, .SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None. FISCAL IMPACT: None. RESPEC FULLY SUBMITTED. • v Prepared by: Lloyd V. Harrell City Manager Frank H. Robbi A1CP ♦ Director of Planning and Development Attachment 1: Planning and Zoning Commission Report. Attachment 2: Minutes of October 11, and draft minutes of October 25, 1995, P&Z meetings, AXX00950 ♦ O • o Awe, No. c s h ends Item ORT PLANNING AND ZONING COMMISSION Z-95-022 T0; Mayor and City Council Members Case No.: Z-95-022 Meeting Date; November 21, 1995 GENERAL IW v,:~., ; JN Applicant: Bruce Pollock 1920 N. Bell Denton, TX 76201 Owner: Bruce Pollock 1920 N. Bell Denton, TX 76201 Action Requested: { Rezoning tract from the Single Family-7 (SF-7) district to the Planned Development (PD) district and approval of the Detailed Plan, If approved, the Planned Development will permit the existing single family house and a garage apartment, Location and Size: .36 acre tract located on the east side of Bell Avenue approximately 525 feet north of University Drive and known as 1920 N. Bell Avenue, • Surrounding Land Use and Zoning: North: Single family residence (SF-7) South: Single family residence (SF-7) East: Single family residence (SF-7) b West: Duplex and Single family houses (SF-7) Denton Development Plan (DDP): Low Intensity, Study Arep 133 (55% allocated) • c> • t Aomeo rro. Planoing and Zoning Commission Report Apendt Inm Z-95-022 DIU Page 2 ; Y SPECIAL INFORMATION Transportation: The site has seventy five (75) feet of street frontage on Bell which is classified as a collector street. The rezoning of this one lot will not have a significant effect on transportation in this area. Drainage: The rezoning will not have a major impact on the drainage in this area. Futurrl redevelopment to more intense uses, particularly multi- family, will have a cumulative effect. The existing services would not be able to handle the additional load. Utilities: There is a 6 inch water line and a 6 inch sewe, line in front of the property on Sell Avenue. The lines will provide adequate service to the site. The property is platted and no public improvements are needed to support this development. BACKGROUND The property was zoned Single Family (SP-7) with the adoption of the 1969 zoning map. The Pollock's purchased the property in 1990 and began renovating the house in May, 1995. The renovation included the garage apartment to help offset the costs of the project. Since the property was not properly zoned for the garage apartment, the building permit for the garage apartment was voided. The applicant Is requesting the zoning change to the Planned Development (PD) district because there is not a zoning district that specifically allows two single family detached units on a single lot and the garage apartment does not meet the sideyard setback standards for duplex (2F) zoning. w On July 10, 1995 the Traffic Safety Commission approved a circular driveway with no • conditions (See Attachment 4). On September 25, 1995 staff met with the surrounding neighborhood from the area to discuss the zoning case and neighborhood proservation. It was reported that through a federal grant, the city hired a consultant to review all structures in the city that were built prior to 1945 and to prioritize them In levels of the historic value they contribute to the • community (low, medium and high), Forty eight (48%) percent of the structures on Bell • • Avenue, between University and Sherman Drive were high priority structures In the historic inventory, The Pollock's house was given a "high" priority and the applicant has stated that he intends to pursue historic designation after the renovation is complete. t • r Planning and Zoning Commission Report 7-95-022 Page 3 NOTICE Notice was made prior to the Planning and Zoning Commission meeting of October 11, 1995 to all property owners within two hundred (200) feet of the proposed project. Twenty-one (21) property owners were notified on September 28, 1995. Five reply forms were returned in favor and eight reply forms were returned in opposition. More than 20% of the land within 200 feet of the rezoning has been protested by the land's owners. ANALYSIS The property is located In a low Intensity area which is 55% allocated. The proposal Is in accordance with the allocation and would not violate Intensity policy, Applicable Denton Development Plan goals, objectives and policies follow: Goals and Objectives: • Provide a framesvork to encourage public. support far planned growth as opposed to responding to current treads. • Provide opporfanities for diversi,>ied /rousing with emphasis on housing for low to moderate income levels, • Protection of residential neighborhoods from the intrusion of incompatible laud uses, traVic, noise and pollution. • PronmNe land use diversit?, to encourage housing and community facilities in close praXimi(y to 0)11* ynnetu centers. Development Policies, • • born Intensity Areas - 7hese areas represent primary housing areas in the City of Denton, Thus, these areas should emphasize residential land use instead of a mixture of residential and nonresidential. • Diversity/Neighborhood Presenation - Low density residential, stnall scattered sites of apartments, and nonresidential uses are encouraged in all areas of the City. (Staff note: • This proposal is not considered multi-family apartments as it would consist of only • • two units). • O • o AOOMa No. y Planning and Zoning Commission Report APWA IMm Z-95-022 ~4-- Page A Development Policies (continued): • lnput irhlo planning by neighborhood associatiohis and councils is encouraged. !Iris police is I tended to generale input and not veto power. • Housing - The purpose of the housing policies is to encourage alternative types of housing that respond to the d{ffering economic and individual life-styles o/Demon's citizens, • Housing Diversity - 11 is the policy of the plat that /rousing diversity be strongly encouraged III Denton as a whole. • Ernphascs .should be given to the development of divetsifred housing In ail sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the city. • Diversified housing patterns should be well planned to Insure that neighborhood integrity is maintained, (Staff note: Staff believes that integrity of the neighborhood is not affected as other simillar units currently exist,) • Housing Cast and City Regulations, • Housing and Neighborhood Preservation hn reviewing zoning, subdivision, capital imnovonews and wher proposals, existing neighborhoods will be given specific conslleraton to ensure stability. Compatible redevelopment is encouraged and specific review rrihrria will include: ! * Upgrading or of n inaling older deteriorating structures will be encouraged to the evient that it is judged positively for the overall neighborhood. (Staff note: The applicant has drastically upgraded the structures and has enhanced the • neighborhood by preserving the historic value of the main structure.) * Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older neighborhoods. Proposed development in nearby neighborhoods shoald be judged by the same design and development slandards that would be applied if the development was proposed in the existing neighborhood. 0 s Planning and Zoning Commission Report Z-95-022 AW4e Ihrn Page 5 RECOMMENDATION The Planning and Zoning Commission recommends the City Council approve the Planned Development (PD) District and the submitted Detailed Plan with the following conditions: 1. The windows on the north and east be altered to prevent view Into the neighboring yard. 2. The apartment be leased and occupied by no more than one person at a time. 3. The privacy hedge that runs along the north side of the property be maintained to a height of six (6) feet minimum. ALTERNATIVES 1, Deny the request. 2. Approve the request as submitted. 3. Approve the request with conditions. 4. Postpone consideration. ATTACHMENTS 1. Location Map. 2, Land use and opposition map. 3. Proposed Detailed Plan. 4. Appraisal District Tax Card. 5. Traffic Safety Commission Minutes. 6. Planning and Zoning Commission Minutes of 10/11/95 and 10125/95. • ,J y i 0 0 ATTACHMENT 1 7ACanda . m _N 40 MOW- mRO(X Lu"ll" Dbh"m SITE F 3 Pi iki Y -Wye ` !3 { OWWA w / IO~~~wIR I Wcatlos Nap Y 0 i t 'r wry A"W ATTACHMENT 2 OOKLAWN C) `~7 ❑ a - n ET rL _ s 11.j UFA ❑ L ° tpoVEPOM ow LAST - Total Acreage - 5.49 acres (Am requesting torhg dwge not Included) L7 Single Family Area Opposed - 1,92 acres or M N Two Family, Area Opposed ■ Designed for Two Family use ATTACHMENT 3 M~ OWN" f7/ MW AR..,,,,,~ r rill 2 II LOT 4 LOT 3 BLK 1 f y I ~r 14 1 s w • • FROMII,1 0 AND L"k 0EAQW70N i RROWeMM I{ N ANO AOORIb TAN" EM1703 WT AMRAIM J ID; PCBELL# BLOC981o LOT 3 1900 NNBELLUAVEA 32760541 OOt C03 SOS N6ICIt/95 DENTON# TX 76201-2007 wtwTlaw WON" VIAN PRINTED: 09/23/95 VALVE CHG: 03/23/95 HS 59,820 NIOMRTY MRS ADORM NSHO: . 1920 SELL AVE 1 43 r'Q Contr. Iiv11 IOwo11gM 111. IMIYI Wt. 11111,1 M>1M Ilrl l /1 VuMMY r7 ytD IIII/MEi1.t. /ww.lo da4L1 1Al a. I.: M, OP25 15 -^--18- 67 120 DE33 ,20 11, 1, DU12, OR3, DU22, DR2, DUST DR7, DDS, DRS 22 ' DUS, DR 12. OD4OI DL 3 5, DD2, DL 13 11.2: MR40, MU2O, DU20, DRIB, DD2O, DLlS MA 40 :Do 11.3: MU12, MR11 MU22, MR2, MUS, DU101 DR15 H OVA D, DLB, DUD, DL7 n /30/90 r.c1 57900 MOr"' y wuwnw 12 foroo,111Nr uslnn ,wc11e Io1,1 ullkn %.•..15----2 a+ L WSEO P 91C i i V Ieaolnt ".55 ANEA A0.1UET =UNff1 YlAq rllr (toll . IWIC . iYM MKwIgN Nh CIA ES AglA ►ACTOq M!A w1MU WILT 0000 ♦ rNw I1 R RESIDENCE Al Y 43, 001 1 44 0 • 1.1 MA MAIN AREA R 4 1099 7 1.2 DE33 DETACHED OARAOE R 4 360 j4; 1 E^7y A B1 ~4 1 S 1.3 OP25 GLASS PORCH R 4 190 10.75 E-77 at ~r ■ 0 • NS otal 7 NBH% o11cA►r . A 1 Ivn art 1'~ :d:., W11 PON , RESIDENT LOT 8 A NM 3 Y L 1AS7S08 1,00E 1 11 D,7 T r l 1 eta 0.3616A 1otal 15,750 -ft • O • • ATTACHMENT 5 A106Ibm TSC July 95 Minutes Page 9 IT9M M4 CONSIDER A DRIVL+WAY AEOUEST FOR A CIRCLn a9 DRIER AT 19 0 N or Clark presented the request. He said the Pollocks at 1920 Bell Avenue, between Woodland and Sherman on the east side of Bell, submitted the request. They have an existing curb cut located less than 50 feet from an adjacent drive. The driveway criteria is 300 feet for arterials, This area has transitioned from a residential street to an arterial carrying 10,000 to 15,000 vpd. There is conflict with the generalities of the ordinance. This is one inconsistency that creates a little trouble, Normally, this would be for a wide road. Bell Avenue hasn't been and probably won't be widened because of the trees and the residential characteristics of the neighborhood, The existing drive is on the north side and the garage is in the back, A service pole is located at the edge of the drive. Staff does agree that their driveway is very close to their house. However, staff feels there is space available with some modificationsi Again, you get into the tree issue at the end of the lot. staff w11 answer questions as to the characteristics of the O.te and will make a recommendation later. Devine asked if the City owned the utility pole, Clark said yea. Staff can get the utility pole adjusted if chat's the largest issue. Minnie said normally she will drive into a driveway. But, she wouldn't risk her car because it's too narrow, she would have to veer into the other lane and that's not acceptable. A circular drive would probably benefit everyone. They wouldn't have to worry about somebody going into the other lane in order to get in or back out. This problem really needs to be worked because she wouldn't use it. Devine said she drove in real slow. I Clark said part of the issue is that they have multiple cars, They have a utility vehicle too plus their children's cars. That's part of the issue - storage and capacity. The width of the driveway can be modified by getting a permit and installinq up to a 24 foot wide drive. Minnis said it's a real dangerous road even to back out into it, All along that particular stretch, when people have to come out, • they are backing out. If you're not paying attention, you come real close to their bumpers. Something needs to be done to facilitate that. Clark said that's why this is before the commission. It's an { older neighborhood with unique characteristics. The commission has to make a value judgement as to whether or not this is unique enough to meet the criteria, Future details will come out in their presentation. r Luce asked, they want to do a loop driveway with a driveway going ~j back into Bell? Clark indicated how that would occur, • • Bruce Pollock came forward to address the commission. His concerns was two fold. (1) One is safety. He can understand the City's and AE900591 l i • _ G7 • 1 rens~srsaeas~ f TSC July 95 Minutes Apeatt fto ~ page 10 M TSC's position on the safety of people motoring down Bell having to look out for additional points of entry. But, also he is creating twice as much traffic by having to swap cars constantly. His wife lets him out and they are backing out all the time, several occasions in the morning, people haven't had their coffee and they are ready to kill. When he backs out, he gets stuck in the street because people are constantly darting around him. The street is not very wide and pulling out is as bad. It's a hazardous situation either way. Gore asked if the driveway entrance was widened, how would that benefit? Pollock said that would address the issue of the ease of getting into the driveway. Gore said you wouldn't be pulling over into the other lane. Pollock agreed. But, it can't be widened to a double lane because it's only a couple feet to the house. Actually, he thinks looking down the driveway, they have encroached into the neighbors property along the driveway. He couldn't go any wider. Gore asked how many vehicles his family has? Pollock said three. Gore said really what you're looking for is more parking. Pollock said yes. He needs the additional storage space. Besides their vehicles, they have people coming and going, You can park on Bell Avenue between 7 p.m. and 7 a.m. He wouldn't park his vehicle there because he watches enough people hit his trees from driving drunk or falling asleep during the night. He doesn't know what else he can do other than park in his yard and that wouldn't be very attractive. The width of the lot itself lends to a comfortable addition of a circular drive. It's 75 feet wide. Pollock said Clark mentioned doing something in the back. It wouldn't be feasible because of the large trees. Minnie asked if the garage was attached to the house, Pollock said that's a carport. Minnie asked if there was any room between those two to get a car. Pollock said no. Between the corner of the house diagonally over to the edge of the garage, that's maybe 12 to 15 feet. His wife had suggested that, but once you got to the back there would be no where to park. Clark came forward to present staff's recommendation. He said this is a very difficult situation retrofitting into an old neighborhood. { If you are talking about 12 feet, a car can go through there, tut, I+i the effect it has on trees is what the commission will have to consider, if you want to leave the house functioning and having the • visual effect it does now, you probably don't want to put all these extra driveways in. It would probably damage the historical impacts if deemed to be a historical house, Staff's maps are taken from aerials and obviously they have some deviation. There is approximately 12 feet between the garage and carport. It's fairly close. The real issue with granting the variance is that it would encourage neighbors to want circular drives too. TSC needs to be prepared for that and probably some kind of proced+ire to allow the others. If staff has a general standard, permits could just be • issued with exception to those along University Drive. • • Gore said if TSC was granting everyone a driveway, the problem would be compounded that's already on Bell. Clark said that's the AEE00591 c~ o AIMit NM1 OIM i TSC July 95 Minutes page 11 judgment the commission really needs to make, if circular drives help. Core said instead of having one driveway to look out for, there will be two. Clark said that's what staff has been trained. You are looking at access points as you drive through the neighborhood. Eventually if the street is all one way, you learn the ones that are in and out. At an intersection, when it's one way, you limit the number of effects. The only thing with a circular drive is there's no way t~ really control which way is one way, There is no regulation regarding that. The only person who would regulate that is the person who lives there. Obviously, staff has no legal standing on that. Clark said the additional driveway will be low volume, but probably a lot of trips are occurring at peak hours if you look at condition one which does cause interruptions. They are backing out now which the commission has heard. That's why staff invited the petitioners to come and address the commission. Only they can accurately describe what they are going through. Pollock's description is pretty graphic in what he is having to deal with, It is pretty tough going through the corridor. There are 7,000 vpd on Bell Ave. This is a difficult situation, The street is still functioning as an arterial and will probably never be widened. it puts the people who live in this area in a difficult situation. Normally, an arterial is four lanes wide to address the safety and capacity issues. Clark said the lot is peculiar and was developed many years ago before Bell Avenue was an arterial. Characteristics on Sherman Drive have also changed. it was widened from a two lane road into four lanes. That also changed how all the development happened in the north and of Denton. The key issue is whether or not the commission thinks they should be routing anything around. They have a lot of space in the back. It would effect trees and basic esthett:+s of the house. That's why it's not a simple engineering esthetics and somebody's home. That's why a board of peers needs to judge whether that's reasonable. Based on engineering issues, it reaily is possible to design other traffic patterns, The driveway could be roved over on the other aide but then you create a financial issue. in other wo.da, you could move the drive and swing the road in front of the house to the back. TSC has to weigh the coat. That's the only real other alternative. This is not a master plan issue. Whether or not the owner is creating the situation is marginal, it is an older area with limited room and there are very large old trees. Based on passed recommendations, staff doesn't feel it meets this criteria. Only one of the five criteria are met, which means staff recommends denial. Gore asked if the driveway was moved to the south part of the lot and brought in front of the house like a circular drive, would staff support that? The other drive would be closed. Bell is so narrow and dangerous. This would give him the wider driveway on the south side of the house and a little bit more moveability. Clark said . . O that wouldn't require a variance. If they agreed to do that, TSC wouldn't have to make that judgement, The issue there is parking in the garage and backing out. AEE00591 P ' as o ' b* f r At" am TSC July 95 Minutes FYI page 12 \S Minnie clarified Core's statement, She said you are wanting to f' close the north driveway. Core reiterated her recommendation. Minnie said, it would be a fake circle. Clark said you would have some of the same characteristics as a circle. Core said this would keep the driveway accesses down on this narrow street. Clark said s' staff has no problems with that. It would change how the front of 4 their home looks. Luce asked Clark if the city would be willing to relocate the t service pole so it wouldn't be a ,,roblem. Clark said yes. The City could relocate the service pole. r. Luce said in terms of driveway width itself, that could be increased t at its current location. Clark said yes, Pollock doesn't think he could widen his drive. He could a foot or two. V- driveway could be 20 feet wide for the first 15-20 feet then narrow into one lane. You could possibly store a car in that area too. It wouldn't be the best but would work. You could still possibly have problems with 7 one backing out when one is coming in. j. Y Minis asked if there was some old Oak trees by those poles. Clark said you wouldn't be touching them because you would widen to the south, Minnie said she thought there was a huge tree there. Pollock said it was a Pecan tree. Minnis said if you put a driveway over the roots of the tree, it would die. Core asked Pollock to come forward and addrece the issue of moving the driveway to the south. Pollock said he disagrees with the impact of the circular drive. The esthetics of the house in regards to a historical landmark shouldn't be affected. The O'Neal Ford house down the street is a circular drive. Clark said staff is not saying that it would, Pollock said a pad in front of the house at the living room window is not aesthetically pleasing, It would accommodate some additional parking. Clark said it wouldn't have to be that close to the house. Pollock said he didn't know if that would help. Minis asked if he could take the proposed semi-circular that's going to go into your driveway and block off the current entrance. That little area could also be used to make it look like a drive all the way to the street or a turn-a-round spot. Pollock said yes, if the space was open and there wasn't care in it. Minnie said that would have to be something he would designate within his family. Pollock said he was thinking the exiating driveway could be utilized • as storage. S:ie other circular part could he used as more of an overflow type parking. If he has all three vehicles down that straight drive, he can't back up to get out, He isn't sure that would flow as easy as it looks. As far as going around to the back " of the house, that really wouldn't do anything. Like Clark said, the orientation of the garage would have to be changed. The trees would have to be taken out. He really doesn't want to do that. If you live on Bell Avenue, the only thing you have going for you is • your back yard. He doesn't want to encroach in that. • A Core said that's why the commission isn't suggesting it, She feels s; like the commission is thinking along the lines of moving the AEE00591 • • aww.aw t TSC July 95 Minutes page 13 Aper~o litm We driveway to the south. The driveway was going to be rebuilt anyway 4. and the parking would have to be regulated by the family. She gets the feeling that two driveways aren't wanted. Pollock said he does. Devine said Dore isn't speaking for everyone, Core said she avoids Bell whenever possible. Whenever she does, } it's with great cautious. Pollock said she is the only one. There are lots of speeding traffic. Not to down play the safety issue of E people driving down the road and having to have additional places to look out for, he can guarantee that people travel fast. That's another issue that needs to be addressed, He is the one that needs the ability to get out of his driveway safely. Coomes asked what if they 1 tiim have the curb cut for the circular drive, could he give the commission some assurance that he wouldn't back out? Pollock said yes. That's definitely the way he will go. coomee said, you will always position your vehicle so that you can f go forward out the drive. Core said he can't do that. Pollock said it depends how other vehicles are in place when he arrives home. 9 These people hitting his trees aren't watching when he backs out. why will they when he pulls out? Coomes said he goes up to Roberts street frequently. His experience has been, as he is traveling north bound and preparing to make a left turn, people pass him on the left. Even with traffic coming in the opposite direction, people pass him on the left, in his mind, it would be desirable to keep vehicles from backing into Bell Avenue. Anything to alleviate that is good. He doesn't know what the next owner of the property will do. Bacon asked, in staff's opinion, would it be more of a hazard to have circular driveways all along there where people are pulling out rather than backing? whcch is a greeter hazard - circular driveways or people backing out? Clark said if you eliminate backing out with circular driven, then circular drives are safer. That's the key issue is to make sure there is no backing out with circular drives. Devine said you can't legislate what are them for guarantees she is people going to do and ask going to vats in favor of the variance because she thinks it would be safer architecturally, it would be + y safer to have a median architecturally. The fools that drive over 1 the median are not her problem unless they hit her car. You can't determine what they will do, she liken the idea of the two drives because it's easier to pull out, The problem too is that in this • neighborhood there are lots of driveways. Then you have a law that j everybody's driveway has to be 300 feet apart. Nobody's driveway is 300 feet apart. So, the ordinance doeen't apply to anyone on the street and it shouldn't apply to him either. The utility service pole needs to be moved too whether the driveway is granted or not. i4 The City created a problem by placing it there. Minnis said the is definitely in favor of him pulling out rather • than backing out. She can see somebody coming forward opposed to s • • backing out. He needs to work with the City and see how beat to work the second cut opposed to the dangerous one he has, If not, it k needs to be a circular drive and not worry about it. i J ABE00591 `r 6 • 0 )1 i 1 TSC July 95 Minutes AMM+ P490 le OMI STAFF R=CQMK MDED: Denial CoM1ISSICMBRs: Devine made a motion to approve the variance, She said, Criteria 02 applies because the arterial was approved after this house was built. That is a major problem in this area. The circular drive is no more of a safety problem than the one he has now, The City needs to move the utility pole too as soon as possible. Minnie seconded the motion. Minis, Devine, Coomes, and Luce voted in favor of the request. Bacon and Core voted no. Motion passed, A AEE00591 i n, , n 61, else • w • ATTACHMENT 6 ROW ft P&Z Minutes October 11, 1995 OM Page 2 t Ms, Russell: Any discussion? All in favor please raise your right hand, Opposed same sign. Approved, (6-0) III. Consider approval of the minutes of the September 13, 1995 meeting, s Ms. Russell: Are there any corrections? Mr. Cochran; On page 10 it should say that we might "lose" poinu;, Mr. Powell: I move that we accept the minutes as corrected. Mr. Cochran: I'll second, Mr. Powell On page 20 Mr, Robbins talked about the philosophy of the regulations, I think that there has been a change In philosophy. Ms. Russell: All in favor please raise your hand. Opposed same sign. Approved, (6-0) Mr. Salmon: I need to make a correction for the record concerning changing the name of 1 Payne Drive. I made a statement that wasn't completely accurate. I said that the name change was acceptable to the Payne's and more accurately stated would be that they would prefer that it remain Payne Drive but they do understand that there are problems with the name changing on the other side of Bonnie Brae. Ms. Russell: Thank you, it will be so noted for the record. III. Hold a public hearing and consider rezoning Lot 3, Block 1 of the John T. Campbell i Subdivision from the Single Family-7 (SF-7) District to the Planned Development (PD) District and to consider approval of a Detailed Plan for the purpose of a garage apartment located at 1920 N. Bell Avenue, (Z-95-022) • Ms. Russell read the rule of procedure for the public hearing and opened the public hearing. Ms. Doom Bateman: This request tonight is for a rezoning between Woodland and Roberts on Bell Avenue for the purpose of a garage apartment, The surrounding property • in this area is mainly Single Family with some duplexes to the west. This is in a low • • intensity area that is 55% allocated, There are no public improvements needed, The Po- hocks started renovating their home in May of this year. On July 10th the Traffic Safety Commission approved their request for a circular driveway with no conditions. On t 0 0 0 a1a a Ift Qnrtw ttna P&Z Minutrs Orr October 0, , 1995 Page 3 r September 25th we held a neighborhood meeting to see about establishing a historic district and to discuss the zoning case. It was reported at the meeting that a consultant was hired to research structures built prior to 1945. Fort-eight ti Y percent of the structures on Bell Avenue, between Sherman and University are high priority structures that contribute greatly to the community, There were twenty-one notices sent out. We received three in favor, six in opposition. The 20% rule will n, t be in affect. It is the policy of the Denton Development Plan that housing diversity be strongly encouraged in Denton as a whole. i Mr. Moreno: What does 55% allocated mean? i Ms. Bateman It means that in the overall allocation of intensity trips for this area they are only using 55% of the total allocation, t Mr. Robbins; This is low intensity area and they are allocated sixty trips per acre, If the } land was vacant then they would be allowed six units per acre, Since this proposal is 5.53 units per acre it would not go over the allowed intensity allocation. t Mr. Moreno: It seems to me that there is a lot of traffic on that road already. Ms. Russell; Any other questions? Would the petitioner care to speak? Mr. Bruce Pollock: My name is Bruce Pollock and I live at 1920 Bell Avenue I have lived here in Denton since 1982. 1 lived at 2019 Bell Avenue in a duplex for a couple of years. I liked this property and kept an eye on it and when it came up for sale I purchased it, We are in the process of renovating an existing structure and we are not building a new structure. I think some of the concern expressed has come from one of the neighbors who is concerned with privacy There is anew window that has been put In on the back. We have tried to work with them In some manner to address this. I think that there has also been some concern because we are asking for a planned development, 1 did not understand what It was at first but I have worked with the staff and I was told that this was the only type of zoning that I could apply for to have a garage apartment. I have talked to Jane Jenkins about getting historic designation and she doesn't think that this is going to be a problem. I don't see this as a traffic issue. Mr. Cochran: Was the garage built at the same time as the house and is It a one story f stricture? Mr. Pollock: I think that it was built at the same time as the house and it is a two story building, f ti c 4rl 1 f c+ i P&Z Minutes ~IMM October 11, 1995 Page 4 Mr. Powell: Was it a two story building before you started to renovate it? Mr. Pollock: Yes it was. Ms. Russell: Have you pursued the historical designation? Mr. Pollock: I have all of the paper work but lately I have been working on getting this done. I plan on pursuing the historical designation when this is all finished Mr. Russell: Would it be a problem to take out the window? Mr. Pollock: I have looked at putting in frosted glass or possibly putting an awning over the window to match the house. I put the window in to let in more light. Ms. Flemming: How many two story buildings are there along the east side of Bell? Mr. Pollock: Not too many, maybe two or three, Ms. Russell: Are there any other apartments in the area? Mr. Robbins: The fast block on Bell Ave north of University on the east side is zoned 2F and the rest of Bell is zoned SF-7. The blue structures shown on this map are non conforming structures. Mr, Cochran: Are you increasing the square footage for this garage apartment? Mr. Pollock: No. Mr. Cochran: Are you changing the appearance? Mr. Pollock: Yes, The garage had a gabled roof and we raised the gable in the back. Mr, Cochran: Is the siding on your house wood? Mr. Pollock: It is cypress. • Ms. Flemming., Are there trees on your property? r F Mr. Pollock: Yes and there is a hedge row between the properties. • 0 5 A~Nda ~ it P&Z Minutes Data - October 11, 1995; Page 5 r Ms. Flemming: Would it provide a buffer? Mr. Pollock: Yes it is pretty thick. 3T Mr. Cochran: The building with the asbestos siding where Is that? Mr. Pollock: That is the garage next door. Mr. Cochran: Is the siding on your garage cypress? !i Mr. Pollock: Part of it is cypress. Ms. Schertz: In reading the minutes of the traffic safety meeting the circular drive was approved even though staff recommended denial, Did this rezoning help the petitioner with his request? Mr, Salmon: At the time of the meeting it was a single family residence. Staff recommended denial because our ordinance states that curb cuts must be spaced every fifty feet, but the Commission approved the variance for a circular driveway. Ms. Russell; Is there anyone to speak in favor of the petition? Is there anyone to in opposition? s Ms. Ophelia Sparks: My name is Ophelia Sparks and I live at 510 Roberts Street. We I have lived there for 57 years, You can see our house from the window in the garage apartment. By changing the roof line he has changed what was a storage area Into a small apartment, The previous owner had a workshop with a gas connection for heating over the garage. No one has ever lived in that apartment, I even Checked with the previous owner and he confirmed that no one had ever lived in it. They did the work on the garage without a permit from the city. The apartment was advertised for rent in the paper on • August 24th. The visual impact is serious. It seriously compromises our privacy. It Is taller than any other structures in the area including the house, We know that any n promises made by the current owners may not be carried out by any of the future proNrty owners. We are hoping to have Woodland, Roberts, and Bell Ave designated as a historical district. If this change Is permitted there may be others who try to do the same thing and this would change the integrity and character of the neighborhood. Also the p O B traffic in our neighborhood is a problem and the Pollocks have a single driveway with two cars. '['here is no parking on Bell Ave and the apartment would add to the congestion. Mr. Cochran: The historic district is not affected by the zoning. I live in the historic a e w 14 ila No P&Z Minutes October 11, 1995 Page 6 district and there are several lots that are zoned multi-family. Ms. Russell: Are you aware that there are other duplexes in the. area? Ms. Sparks: Yes and I knew the original owner of the duplex. Ms. Schertz: There seems to be some discrepancy about the garage apartment. Ms. Sparks: The garage had a nice gabled roof and he raised the roof to a high angle. It is not an attractive building and it is awkward. Ms. Angel Robles: My name is Angel Robles and I live at 1823 N. Bell Avenue My husband and I have a concern that the approval of this request could open the door to future rezonings. There are non-conforming structures in the neighborhood already. I am I concerned about this. The traffic on &II Ave is already bad. A tenant would add a third hk car and the circle drive would probably serve as a parking area. This rezoning and future rezonings could destroy the integrity of this established neighborhood. Ms. Mary Claude Gay: My name is Mary Claude Gay and I am here representing my stepson (Mac) and his wife who own the house next door. The Kregels never lived in that garage. There was a storage area above the garage. Mac does not approve of the circular drive. This was not done as a normal procedure. Mr. Pollock has done a beautiful job of restoring the house but he did not do things in the right order. First you get your zoning, then your get your permits and then you remodel. He has not done It in that order. I don't think that this has been done correctly and I don't think It should be approved. Ms. Russell: Is there anyone else like to speak in opposition? Would the petitioner care to speak In rebuttal? Mr, Pollock: I was as uninformed concerning the planned development as everyone else, I think there is a little stigma with the planned development, The circular drive was a separate issue. The driveway Is not for parking. I am just as concerned about the integrity of the street. I have put so much money into this house that 1 can't afford to sell it. The other issue is that the owner told us when we bought the horse that he had lived out there during high school. I did not do this work on my own. I hired a contractor. I did not do • e any of the work, The contractor that I hired was responsible for getting the required permits and doing the work. The contractor pulled a permit in May to do the renovation and I assumed that permit was for the whole project. • t+> w+r+nr~ "MOIL 94" P&Z Mutes low October 11, 1995 Page 7 Mr. Cochran: Did you not consider the zoning? Mr. Pollock: No I did not consider the zoning because I knew that there were already garage apartments and duplexes in the area. Mr. Cochran: By raising the ceiling did you change the square footage of the building? Mr, Pollock: No. Mr. Cochran: Which way did the gable go? Mr, Pollock: The gable went across the front of the garage and we simply raised the back side so you cannot see any changes from the front of the garage. Ms. Russell: Your contractor thought that the building permit covered everything on the lot? Mr. Pollock: I assume so, I thought that It did. Ms. Schertz: What type of permit did you get? Mr. Pollock: 1 don't know what type of permit he got. Ms. Russell: How long have you lived in the house? Mr. Pollock: I have lived there for five years, Ms. Russell: Are there any other questions? The public hearing is closed. Does staff have any closing remarks? • Ms. Bateman: Stzff recommends approval with the condition that the window on the north side be altered to prevent view into the neighboring yard, Mr. Powell: Why? ® Ms. Bateman: Mainly based on the fact that the Denton Development Plan allows it and + r encourages it. We are adding the condition that the window be closed off in some manner. Mr. Powell: I would like to ask the petitioner another question? Would it offend you if both windows had the same condition? • w • A"* No. F P&Z Minutes bM~ October 11, 1995 Page 8 Mr, Pollack: Yes It would, I am trying to let some light into the space. Mr. Powell: How would you feel about frosting both windows? Mr. Pollock; I would rather put awnings on the windows. Mr. Moran: We received six notices that were in opposition and It did not reach the 2096? Ms. Bateman: No, it represents sixteen percent of the surrounding property. Mr. Cochran: You mentioned housing diversity, I believe that there Is some language in the Denton Development Plan concerning protecting single family neighborhoods. Ms. Bateman: Yes there is. Ms. Russell: Do we have any history on any of the houses that are on your layout? Ms. Bateman: We are still doing some research into the legal non conforming and seeing if there is any illegal non conforming, Mr. Cochran This is very perplexing for me. There are good arguments on both sides, I hate to hold someone over a barrel because they didn't follow the rules. Ms. Schertz: I believe that the petitioner acted in good faith. Mr. Cochran: When did the work actually scan? Mr, Powell: We are here to decide a zoning issue and not a building Issue. • Mr. Cochran: I think that they are intertwined because we are trying to go back and correct some mistakes that have been made. Mr. Pollock: I didn't keep track of this because the contractor was doing it and I didn't handle the financial end of it either. e Ms. Sparks: 1 don't know when they started because I was on vacation, When I cane ~ • • back on August 1st they were working on it and had the roof off. I thought that they were building a game room and when I checked with Building Inspections I was !oid that they were building an apartment. When I came down to the city to check on it they said that • 0 • P&Z Minutes parr October 11, 1995 140* as Page 9 there was not a permit. Ms. Scbertz: I would like to say that I agree with both Commissioner Powell and Commissioner Cochran. I would like to ask Mr, Robbins a question concerning this. If I need to just look at this as a zoning case and not look at all of the other things that have taken place then I need to know. What I am asking is do we just look at what is up here for consideration? ,y Mr. Robbins: That is what you should be looking at. F' Mr. Moreno: I travel up and down that road at least four times a day. There is quite a bit of congestion on that road and I hate to add any traffic to that neighborhood. That is a unique neighborhood and I like looking at those big oak trees. Sixteen percent opposition is enough to away me. u Mr. Cochran: There are some issues here that are just zoning, but our primary service is to represent the interests of the community. To the best of our ability we need to look at the Issue of the zoning. You brought up the fact that the permit is often requested after the neighbors complain, If Mr. Pollock had brought his plans before us then the neighbors would have had a chance to voice their concern. That has been almost eliminated, The process was not allowed to run its course in the proper way, There are zoning issues and y' there are the policies of the Denton Development Plan. Mr. Powell: I move that we approve the planned development and the detail plan for Z- 95-022 with the conditions that the windows on the north and east be altered to prevent viewing the neighbors yard. Ms. Russell; Do we have a second? Motion dies due to lack of a second. A couple of 4 considerations it is a nice neighborhood and you have enjoyed it since moving in. I went and looked at the property on Saturday and I looked at the circle drive and the possibility that you wouldn't have to back out. With younger people moving into the neighborhood and seeking historical designation that will help the neighborhood. Ms, Flemming: I think that the people arc more concerned with the PD zoning and not so much the structure. I think that in this neighborhood a circular drive is the safest kind 6 of driveway to have. How many different kinds of zoning arc in that area? k • • Mr. Robbins: There is Single Family and 2F zoning. South of Roberts on the east side of Bell Avenue is zoned 2F. t- 1. ~ ttt~r Ortr P&Z Minutes October 11, 1945 Page 10 Ms, Flemming: So that is duplexes or two family? Mr, Robbins: The 2F means that there are two families under a single roof. With the PD that is the zoning, the detail plan is the zoning and that would have to be what is there, Mr. Cochran: I am trying to figure out what some of our alternatives are. Ms, Russell: Our options arc that we can deny the request, approve the request as submitted, approve the request with conditions, or we can postpone consideration, Mr, Powell: 1 would like to add for your consideration that this lot is two hundrW and ten feet deep. Where I conic from a little diversity Is a good thing, Mr, Moreno: I move that we deny the request for PD zoning for 1420 Bell Avenue. Ms. Flemming: I'll second, Ms. Russell: Any discussion? AN in favor of tha motion please raise your right hand. Opposed same sign. Motion does not pass. (3-3) Opposed Ms, Russell, Mr. Powell, Ms. Schertz. So where does it go from here? Mr. Robbins: I think that you have to make a recommendation, Ms. Russell: Can this go forward to council without a recommendation? Mr, Robbins: If the Commission doesn't want to make a recommendation then it can be appealed to the City Council. Ms. Russell: Let's take a ten minute break to consult with Mr, Drake at this time Ten minute break at 7:17 p.m. Reconvene at 7:30 p.m. Ms. Russell: Commissioners I am told that one appropriate thing to do would be to table this until our next meeting, , • Mr. Powell: I move that we table this until our next meeting, Ms. Sehertz: I'll second. r • • _ s A~Mt1a Mt1 ; All" No Olla P&Z Minutes October 11, 1995 Page 11 Ms, Russell: All in favor of the motion please raise your right hand, Opposed same sign Appmved, (6-0) This will come back to our next meeting and could we put that as the first Item. IN. Bold a public hearing and consider a rezoning of 4,09 acres In the Willowcreek Addition from the Light Industrial (LI) zoning district to the Single Famiiy7 (SF-7) zoning district. The subject property is located at the intersection of Kerley and Scott. (Z-95-024) Mr, Reeves: This item I discussed with you about a month ago, This was platted in the early 70s and the zoning at that time allowed for cumulative zoning. In 1985 the zoning ordinance was amended and it did not allow for single family housing in Light Industrial zoning. Mr, Lou Kraft would like to purchase some of these lots and build single family houses on it. There are still vacant lots for which no building permit can be issued. The existing homes cannot expand because that would be expanding a non conforming use. We sent out twenty-four notices and vie have received six replies, five were In favor. There Is no intensity problem with this rezoning and staff recommends approval of this rezoning. Ms. Flemming; What is the proposed square footage for the houses? Mr. Reeves: I do not have that information. Mr, Moreno: Is there access to Tomas Rivera School from this area? Mr. Reeves: They will probably be walking across the property to get to the school, Ms. Russell: Would the petitioner cup to speak? Mr. Lou Kraft: My name is Lou Kraft and I live at 1933 Laurelwood. I appreciate the j city doing the rezoning. The houses for the lots on the corner will probably be in the area • of 900 to 1000 square feel. If we can't sell them then we will probably rent them, We have a good reputation. Ms. Flemming: Will these be compatible with the existing homes in the neighborhood? Mr. Kraft: I would like to use more brick but they will be single family, and there will be bigger houses on Kerley, I am impressed with the neighborhood, • • • Ms, Russell: Any other questions of Mr. Kraft? Is there anyone that would like to speak in favor of the petition? Would anyone like to speak in opposition to the petition. We will close the public hearing, st' , ~C ~C to 0 f` O d f i - N t i 1 C tp LL w t t, z w ~ Or CaN w ~C w + +n c on v~ p o N t 1-] f L~' Q OL.NER: JE55 NEWTON RAZOR st al ~t a i ~ fiI IE rar9nl 'I l f ~ ~ d i ZONED AGRICULTURAL c vacant i --ilUiMa ETY.LCdI~E P e 9EE 0'l ~Ei SE1 ~ 5~J Ki -GONG +WEEL~iLP K' U. FIRE SERIIOE- r+ OEE Dtt- NvM EA CtllNT u 88'.51'4." E 1048.67' 7 I~;, SET I PHALT FDAW0G LOT ,V ' r-A T w.cv' W'd~` yl 1 I C sre,x~ Haase ertc~>c~ ~ ~ _ TOfAI b4LIlE FOOTAGE . 20b16 :GIFT P I ti~ j w N (ti 0' TER- SFr EUILO G IEI:301T M' ! 9 WCE COO- ec K LOT "rWROF 5TOIVE5 1 F'kA ail tl z OFI'.5~153 A" ~a Q~h l~ L.J r a Y . 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EM4 ~xw waa awe ra~nrnooc w WORM wpqul SITE VWA WAM pXD~ f Z AAAC C SITE LAYOUT 0 v1 O~ M. twAmmY OMrI Y, VICINITY MAP w i o / 0 r 0of N M Ji f t p _E SF% ALLEY { CLOSED 6' V~ 000 f - FENCE I~nC~~•~~r-7~ r c t - - - - - ` ---EAST UNE OF LOi J r t ~J x 6' WOOD FENCE LOT LOT 2 LOT 4 is' x L 0 T I2o, cARA Total acreage is.36 ac 2 The properly k not in the 600dpian APARTMENT / .4 Street rightd•way Is 50. b Pavement width is 31' 6 Water tore s 6' AOJAC ADJACENT PROPE PROPERTY'S 7. Wastewater Iine is6' 4' WWR 4' MIRE FENCE 14' 4,~ LAND USE Two sugle•lam>fy,delaCixdunds )owner-0ccupxd res dente and 12, eff cenCy apartment abowe eassfing garage) 6' CNANLINK PARKING Minimum or 5parkingspaces r FENCE 19' - 0 - 0 DENSITY 553uretslacre SETBACKS GaraoADL A&l l*-lx2 O minimum lot area (15.730%q n,) BRICK O minimum V width (75 fl I, x 2' p minimum lot depth I?lunI h 37' minimum(root )xd 10511. 25n. minimum tideyard 3fr (nonhsi&-) 1.511 1 STORY FRAME RES. minimumaeyard tofu Inn. number of (11 p nusimnni bid;. height (2 slwms) mavnnunibaF ro+eru~f3S'ii ~ 22' I c CE MLINK SF / SF7 S F7 1 I W/GAZE END OF OONMIMS 1' 1. FENCE 1. Nwth wA Eect v*Wowe wN be nNered 12' 12' M;Ir Mvowof ~1 fIPt~Y. 1 I L We twere Nne one 60"M M e Uex SW 7' 5' 18 ' oeatryrllrepwbwt. 10.3' J. Erdd n plfeecy bWp on nwO of property **be Rreflltef111~ to e misYeant he Ism of Fi het. 5 1` i • C ~ 1RFL r fi DETAILED PLAN POLLOCK PROJECT IRE - --.,r- NJR1H i5,00r RI •36 ACRES 1' SIDEwAI( I 15 AM 45, 5 E-- GfY OF pENTON - l~jr TREE _ - Z L:::~ - _ OENTON COUNTY, 7E1fAS WATER WAW BELL A{VENUE DATE, RVASC(', ~ olg WASTE WATER ASTE WATER - MAY - _ - - ----_.w•~. ~ _ Itr a1 ~ • : r¢" t }Jq a ~ ry s ~f rd r ~Y4 4 -yf a ` FY T f V F CITY COUNCIL AGENDA PACKET 11-21-95 • 5'. y atF ~i"AyWr.Jy >vTY ~4.i'T#pYY ky l'M1> ~ a f • l+s 1 Y` x Y r r ♦ • APO& AGENDA A no CITY OF DENTON CITY COUNCIL w November 21, 1995 closed Meeting of the City of Denton City council on Tuesday, November 21, 1995 at 5:45 p.m. in the civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE., THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:45 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider settlement in Cohacen, at al. v. City of Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 14 Receive a manaqument report on executive search firms to conduct a recruitment and placement of a City Manager. Regular Meeting of the City of Denton City Council on Tuesday, November 21, 1995 at 7:00 p.m, in the Council Chambers of City Hell, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Resolutions of Appreciation A. Consider approval of a resolution of appreciation for Leonard Braughlar. B. Consider approval of a resolution of appreciation for Danny Jenkins. 3. Citizens Reports • A. Receive a citizen report from Carl Williams concerning a Citizens Police Review Board. B. Receive a citizen report from Billy Braswell concerning the waiver form for the City of Denton Youth Basketball Program. 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a .36 acre tract from the Single Family - 7 (SP-7) district to the Planned Development (PD) district and approval of the Detailed Plan for property located at 1920 N. Bell Avenue. (The Planning and Zoning commission recommends approval 4-3.) • a~ City of Denton City Council Agenda AID b. November 21, 1995 #101 No Page 2 ma B. Hold a public hearing and consider adoption of an ordinance for a specific use permit for Sterling House, a nursing home or residence home for aged (assisted living) on 6.5855 acres f in the Agricultural (A) zoning district. The subject property is Lot 1, Block 1, of the Gateway Additfnn, and is located on the west side of Hinkle, one hundred x -%t north of Meadow Ridge. (The Planning and Zoning Commission recommends approval 7-0.) 5. Variances A. Consider a variance to section 34-114 (17) [sidewalks] of the Code of ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract is located on the east side of F.M. 2164, approximately 4,000 feet north of Loop 288. (The Planning and zoning commission recommends approval 7-0.) B. Consider a variance to section 34-124 (f) [concrete channel] of the Code of Ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract is located on the east side of FM 2164 approximately 4,000 feet north of Loop 288. (The Planning an d Zoning Commission recommends approval, 7-0.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authora.zes the City Manager or his designee to implement each item in accordance with the staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7.A, 7.B0 7.C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. • Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. 1 A. Bids and Purchase orders 1 1. Bid 11802 - Distribution Transformers • 2. Bid 01814 - 69 KV SF6 Circuit Breakers • • 3. Bid 11828 - Teasley Lane Median Irrigation B. 2nterlocal Agreements 1. Denton County - Police Vehicles • a • City of Denton City Council Agenda ABM ft November 21, 1995 Page 3 ABM ~ pM 7. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1802, 6.A.2. - Bid 01814) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.3. - Bid 11828) C. Consider adoption of an ordinance authorizing the City Manager to extend an interlocal agreement with the County of Denton to authorize participation in various Denton County contracts for the purchase of various goods and services. (6.8.1.) 8. Ordinances A. Consider adoption of an ordinance renaming Payne Drive to Windsor Drive. (The Planning and Zoning Commission and the Historic Landmark commission recommend approval.) B. Consider adoption of an ordinance authorizing the Mayor to execute an engineering services agreement between the City of Denton and Gutierrez, Smouse, Wilmut and Associates, Inc. for Cooper Creek Drainage Basin rehabilitation and design. C. Consider adoption of an ordinance approving two hour parking restriction on Elm, Cedar, Pecan, and McKinney street directly adjacent to City Hall West and to provide for customer parking 8:00 a.m. - 5:00 p.m. Monday through Friday heading east approximately 250 feet. 9. Resolutions A. Consider approval of a resolution supporting settlement of issues affecting TMPA cities and amending the power sales contract, directing the Mayor, City Manager, and Denton's TMPA Board Members to work diligently on behalf of this compromise. 10. Consider a motion to confirm the appointment of a Fire Chief. 11. Hold a discussion and give staff direction concerning selecting an executive search firm to assist the City council in recruiting and selecting a city manager. • 12. Receive an update from the Acting Municipal Judge regarding the • • Municipal Court of Record. 13. Consider nominations/appointments to the City's Boards, commissions and Committees. A. Keep Denton Beautiful Board li B. Traffic Safety Commission C. Sign Board of Appeals D. Joint Tax Abatement Committee • A s d City of Denton City Council Agenda ACME November 21, 1995 Rp~b Page 4 ~ Ddl 14. Vision Update 15. Miscellaneous matters from the City Manager. 16. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 17. New Business This item provides a section for Council Members to suggest items for future agendas. 18. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was pouted on the bulletin board at the City Hall of the City of Denton, Texas, on the _ day of 1995 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY • WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. • ACCO02CF • • i • 0 r [Y 1 I/ } ENTON a u I, o~~ppafl a~OO000 4-- 4 p D ~ { p 4 oD OOO r ~ 0p OOp ° ~ eOp~o 0000 a CITY COUNCIL r 'L~IARD ~1V~ELQR• WHEREAS, on October 1, 1995, Leonard Braughler retired, after serving with the City of Denton since October 1, 1967: and WHEREAS, during the past 28 years, Leonard has represented our City as an example of a quality service employee: and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Leonard and wishes to recognize same: and . WHEREAS, Leonard has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton: NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi That the sincere warm appreciation to Leonard Braughler felt by the citizens and officers of the City of Denton be formally conveyed to him in a permanent manner by reading this resolution into the official minutes of the City council of the City of Denton, Texas and forwarding to Leonard a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the6V day of~ 1995. B0 R , 0 ATTEST: 0 JENNIFER WALTERS, CITY SECRETARY , i BY J,a~- APPROVED AS TO LEGAL FORMr HERBERT L. PROUTY, CITY ATTORNEY BY 1 I I 3 i M toappretWon of •DAtAIY JpOtINB• WHEREAS, on November 3, 1995, Danny Jenkins retired, aftor serving with the City of Denton since September 26, 19641 and WHEREAS, during the past 31 years, Danny has represented our city as an example of a quality service employeef and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Danny and wishes to recognize semen and } WHEREAS, Danny has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues, and citizens of Dentonf NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVRSP That the sincere and warm appreciation of Danny Jenkins felt by the citizens and officers of the City of Denton be formally conveyed to him in a permanent manner by recording this resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding Danny a true copy thereof as a token of our appreciation. ~~i1~ PASSED AND APPROVED this the _ day of 1995. BOB CASTLBBERRY, MAYO ATTEST, JENNIFER WALTERS, CITY SECRETARY . BY, APP VEDA TO LEGAL PORMi HERBERT L. PROUTY, CITY ATTORNEY y r BYI 1 v 4' , - 4 ~ - ~ hip _ x ~ t ~ 4af~a3 v r s r ~ bed A } f~ str o-.,ti.. 'N'i:rmr. t.'ji'itl .x'7f-dirAvlY=Irr W1-.4w:ie 6uer nsT ~cCr.+aWpvMVapd+,O++N'JSAKM W~4>~N£M4fYi~rh~f'n`~~11~'~'<~ 1NMs Mln WY OF DEN" TEXAS MUNICIPAL BUIUNNG • DENTON, TEXAS 7020f • TELEPHONE _(Of?) SUW7 Ofte of ft MY A*MW MEMORANDUM TOs Lloyd V. Harrell, City Manager FROMs Veronica S. Rolen, Administrative Assistant II DATSt November 170 1995 SUBJECT: Citizen Report by Billy Braswell Hr. Billy Braswell has requested to address the City Council regarding the waiver fore used by the Parks and Recreation Department for the youth basketball league. I have discussed his concerns with Ed Hodney, Director of Parks and Recreation. Also the Parks and Recreation Board will address this issue at their November 20th tweeting. Ed Hodney will be available to respond to any questions at the November 21st City Council meeting. Please let me know if you,, have question or need additional information. Veronica S. Ro en • .:q `NdWed ro Q- ,testy StrWu" • ` w • { DENTON o~a~DOQ°°oooQ 0000 ~ fi ~°vo Doti o °o N~ 'gyp ~ d o 0 0000 r o N ti ~~O °~oaaao~oo°o CITY COUNCIL r • • Y 57' jOyl-IWAW DATE: 111211" ~M CITY COUNCIL REPORT TO; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public Imring and consider an ordinance to rezone Lot 3, Block 1 of the John T. Campbell Subdivision from Single Family-7 (SF-7) to Planned Development (PD) and to consider approval of the Detailed Plan, RECOMMENDATION: The Planning and Zoning Commission recommended approval (4-3) at its meeting of October 25, 1995. SUMMARY: See Planning and Zoning Commission Report, BACKGROUND: See Planking and Zoning Commission Report. PROGRAMS, DEPARIWENTS OR GROUPS AFFECTED: None. FISCAL IMPACT None. SUBMITTED: _2 RE-SPEC 01 U, Prepared by; L Harrell City Manager i Frank H. Robbi A1CP • Director of Planning and Development , • r Attachment 1: Planning and Zoning Commission Report, Attachment 2; Minutes of October 11, and draft minutes of October 25, 1995, P&Z meetings. AXX00950 . r tl • PLANNING AND ZONING COMMISSION or"'. Z-96-022 TO: Mayor and City Council Members Case No.: Z-95-022 Meeting Date: November 21, 1995 GENERAL INFORMATION Applicant: Bruce ^ollock 1920 N. Bell Denton, TX 76201 Owner, Bruce Pollock 1920 N. Bell Denton, TX 76201 Action Requested, Rezoning tract from the Single Family-7 (SF-7) district to the Planned Development (PD) dlitrlct and approval of the Detailed Plan. If approved, the Piannod Development will permit the existing single family house and a garage apartment. Location and Size: .36 acre tract located on the east side of Bell Avenue approximately 526 feet north of University Drive and known as 1920 N. Bell Avenue. • Surrounding Land Use and Zoning: North: Single family residence (SF-7) South: Single family residence (SF-7) East: Single family residence (SF-7) • West: Duplex and Single family houses (SF-7) Denton Developmr;tnt Pla,i (DDP): Low Intensity, Study Area #33 (55% allocated) mfr i~^ 0 APW4 NO Planning and Zoning Commission Report APW9 "M Z-95-022 Page 2 SPECIAL INFORMATION Transportation: The silo has seventy five (75) feet of street frontage on Bell which is classified as a collector street ' he rezoning of this one lot will not have a significant effect on tro l: ortation in this area. Drainage: The rezoning will not have a major impact on the drainage in this area. Future redevelopment to more Intense uses, particularly multi- family, will have a cumulative effect. The existing services would not be able to handle the additional load. Utilities: There Is a 6 inch water line and a 6 inch sewer line in front of the property on Bell Avenue. The Ilnes will provide adequate service to the site. The property Is platted and no public improvements are needed to support this development. BACKGROUND The property was zoned Single Family (SF. 7) with the adoption of the 1969 zoning map. The Pollock's purchased the property in 1990 and began renovating th.4 house in May, 1995. The renovation included the garage apartment to help offset the costs of the project. Since the property was not properly zoned for the garage apartment, the building permit for the garage apartment was voided. The applicant is requesting the zoning change to the Planned Development (PD) district because there is not a zoning district that specifically allows two single family detached units on a single lot and the garage apartment does riot meet the sideyard setback standards for duplex (2F) zonina On July 10, 1995 the Traffic Safety Commission approved a circular driveway with no conditions (See Attachment 4). i On September 25, 1995 staff met with the surrounding neighborhood from the area to discuss the zoning case and neighborhood preservation. It was reported that through a federal grant, the bbd hired n consultant to review all structures In the city that were built prior to 1945 and to prioritize them In levels of the historic value they contribute to the • community (low, medium and high). Forty eight (48%) percent of the structures on Bell • • Avenue, between University and Sherman Drive were high priority structures In the historic inventory. The Prdr;ck's house was given a "high" priority and the applicant has stated that he intends to pursue historic designation after the renovation is complete. • • Planning and Zoning Commission Report NOW, " Z-95-022----_'_'"~- Page 3 NOTICE Notice was made prior to the Planning and Zoning Commission meeting of October 11, 1995 to all property owners within two hundred (200) feet of the proposed project. Twenty-one (21) property owners were notified on September 28, 1995. Five reply forms wore returned in favor and eight reply forms were returned In opposition. More than 20% of the land within 200 feet of the rezoning has been protested by the land's owners. ANALYSIS The property is located In a low intensity area which is 55% allocated. The proposal Is in accordance with the allocation and would not violate Intensity policy. Applicable Denton Development Plan goals, objectives and policies follow, Goals and Objectives; • Provide a framework, to encourage public support for planned growth as opposed to responding to current trends, • Provide opportunities for diversified housing with emphasis on housing for low to moderate income levels. • l'ruiection of residential neighborhoods from tire intrusion of incompatible land uses, iraJric, noise and polhaion. • Promote land use diversity to encourage housing and community facilities in close proximity to employment centers. Development Policies: • Low Intensity Areas - 77tese areas represent primary housing areas in the City of Denton. Pius, these areas should emphasize residential land rise instead of a mixture of residential and nonresidential • Diversity/Neighborhood Preservation - Low density residential, small scattered sites of • apartments, and nonresidential uses are encouraged in all areas of the City. (Staff note, This proposal is not considered multi-family apartments as it would consist of only • • two units). • 0 • m o Planning and Zoning Commission Report AW48ItW Z-95-022 Page 4 Development Policies (continued): • Input into planning by neighborhood associations and councils is encouraged, This policy is intended to generate input and not veto power. • Housing - The purpose of the housing policies is to encourage alternative oNes of housing that respond to the d(jfering economic and individual life-styles of Denton's citizens. • Housing Diversity - It is the policy of the plan that housing diversity be strongly encouraged in Denton as a whole. • Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the clay. • Diversified housing patterns should be well planned to insure that neighborhood integrlo is maintained. (Staff note: Staff believes that integrity of the neighborhood Is not affected as other simlliar units currently exist.) • Housing Cost and City Regulations. • Housing and Neighborhood Presenwilon - In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged and speck review criteria will include, * Upgrading or eliminating older deteriorating structures will be encouraged to the estem that it is judged positively for The overall neighborhood, (Staff note: The applicant has drastically upgraded the structures and has enhanced the • neighborhood by preserving the historic value of the main structure.) * Review criteria will consider the impact of proposed development in areas acyacent to or nearby existing older neighborhoods, Proposed development in nearby neighborhoods should be judged by the same design and development standards that • would be applied if the development was proposed in the existing neighborhood, i • J • 0 I Planning and Zoning Commission Report 0,.- Z•95-022 tuM Page 5 CIO RECOMMENDATION The Planning and Zoning Commission recommends the City Council approve the Planned Development (PD) District and the submitted Detailed Plan with the following conditions: 1. The windows on the north and east be altered to prevent view Into the neighboring yard. 2. The apartment be leased and occupied by no more than one person at a time. 3. The privacy hedge that runs along the north side of the property be maintained to a height of six (6) feet minimum. ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with conditions. 4. Postpone consideration, ATTACHMENTS 1, Location Map, 2. Land use and opposition map. 3, Proposed Detailed Plan, 4. Appraisal District Tax Card. 5. Traffic Safety Commission Minutes. 6. Planning and Zoning Commission Minutes of 10/11/95 and 10/25/96. . 1 j P ! ATTACHMENT 1 AOendo No. 4 ends Item 1'O o i us~t obMoM SITE J vow U Mnr. 3eo Leo~li~s 1~y . .A s r t w a ATTACHMENT 2 AW46 NW } o~ UWAAM r, - EJIL _ I IkW o L a o UNrAMW" 00 VW Total Acreage - 5.49 acres (Area nquesuog Wng chime ad WIWW) ❑ Single Family Area Opposed - 1.92 acres or 357, M Two Family, area Opposed ■ Designed !or Two Family use l 1. 'Jijt .4 ~ i ~ r!3 i i' . e s e ATTACHMENT ~7 OF *A& r " LOT 3 LOT .IILR BLK 1 I Q f ti i Mli AYII b I w~ l 5F' it I I I I \ J yy ' \ 1 -`AVE. i a 1 ..•..••..i .r't....: a.a rl.-,..rv•YnN<M#.YPI!Y.I,WIVRY\M\'.NYIIwIaVMIS✓GV✓1'MM,yy/\yM`ltnltar.W.4'.Ctr/aI,SAYYjW-Min . ri t R~ pLLpCK'^ '2 ~ELLtD~I.OCI{ I LOT 3 i9E0 Nj1MUj&k 12 41 Odl COb &O N INA" PRINTED: 09/25/95 VALUE CHO: 03/20/95 DENTON, TX 7/1201-8007 Hs ~xeA1PTIO/M a1Aws ~0 PA MN" OTW AbORM NBND: I920 BELL AVE et .nwwt an how aw. Atrtr pi r OW. to's um. 11W.b - 0P26 101 - 9 -le- ;7 O10 D933 p0 0 I1. 1: DU12 If p2, DR2 DIJSo DIM DDS, DAB 22 DUB, DR 12, 11.7: MR~O MlOJiO t ODDM lMo Db20, 8L i w ----10-----i ADiD; DI M Me Dl.O22, M!!Z, MVS, DUI, DR1S - q xn 6`Y/300'90 57900 ' M,h Iv •AId i2 toroowwwr YIYIt11a ~catr 7oh! utuia K--1S---- Z«~1 S«.•« L NSEO P 91C yt tm ww.aria„ CUA! AAMA *AACIIIlAM 7 11NII V~ twt Nw. wis, AMA MICA MILLI ' 00 0 . . . +♦vYM Il A RA#N EEN~ E Al ~.2 ppF DlACl AOARAOF wR?MoY 4 10~99 1.3 OP DS CLASS P CH R 4 1$ -AA ~j7 1 Mf OW RLS DFNT LOT S tra AI Y L Ml37SOB , n j ~i3WAM • T ot• 0, 26AI w" TOb~I IS17 • O • MM M ATTACHMENT 5 AOWs &M TSC July 9S Minutes page 9 jTF CONSIDER A DRYVBIIAY REOUB4T FOR A CIRC~n •n DRIVE AT 1920 N SELL, Clark presented the request. He said the Pollock@ at 1920 Bell Avenue, between Woodland and Sherman on the east side of Bell, submitted the request, They have an existing curb cut located less than 50 fast from an adjacent drive. The driveway criteria is 300 feet for arterials. This area has transitioned from a residential street to an arterial uarrying 10,000 to 15,000 vpd, There is eonfli,et with the goneralities of the ordinance, This is one inconsistency that creates a little trouble. Normally, this would be for a wide road. Bell Avenue hasn't been and probably won't be widL!ned because of the trees and the residential characteristics of the neighborhood. The existing &ive is on the north aide and the garage is in the back. A service pole is located at the edge of the drive. Staff does agree that their driveway is very close to their house. However, staff feels there is space available with some modifications. Again, you get into the tree issue at the and of the lot. Staff will answer questions as to the characteristics of the site and will make a recommendation later. Devine asked if the City owned the utility pole. Clark said yes. staff can get the utility pole adjusted if that's the largest issue. Minnie said normally she will drive into a driveway. But, she wouldn't risk t,er car because it's too narrow. She would have to veer into the other lane and that's not acceptable. A circular drive would probably benefit everyone. They wouldn't have to worry about somebody going into the other lane in order to get in or back out. This problem really needs to be worked because she wouldn't use it, Devine said she drove in real slow. Clark said part of the issue is that they have multiple cars. They have a utility vehicle too plus their children's cars. That's part of the issue - storage and capacity. The width of the driveway can be modified by getting a permit and installing up to a 24 foot wide drive. Minnis said it's a real dangerous road even to back out into it. All along that particular stretch, when people have to come out, • they are backing out. If you're not paying attention, you cane real closa to their bumpers, something needs to be dons to facilitate that. Clark said that's why this is before the commission. Iva an older neighborhood with unique characteristics. The commission has to make a value judgement as to whether or not this is unique enough to meet the criteria. Future details will come out in their presentation. Luce asked, they want to do a loop driveway with a driveway going • back into Bell? Clark indicated how that would occur. • • Bruce Pollock came forward to address the commission, His concerns was two fold. W one is safety. He can understand the City's and ASS00591 • O • • AM* Nt Tag July 95 Minutes A"* no page 10 GI IM~~ ■ T9C s position on the safety of people motoring down Bell having to look out for additional points of entry. gut, also he is creating twice as much traffic by having to swap cars constantly. His wits lets him out and they are backing out all the time. Several occasions in the morning, people haven't had their coffee and they are ready to kill. When he backs out, he gets stuck in the street because people are constantly darting around him. The street is not very wide and pulling out is as bad, It's a hazardous situation either way. Gore asked if the driveway entrance was widened, how would that benefit? Pollock said that would address the issue of the ease of getting into the driveway. Gore said you wouldn't be pulling over into the other lane. Pollock agreed. But, it can't be widened to a double lane because it's only a couple feet to the house. Actually, he thinks looking down the driveway, they have encroached into the neighbors property along the driveway. He couldn't go any wider. Gore asked how many vehicles his family has? Pollock said three. Gore said really what you're looking for As more parking. Pollock said yes. He needs the additional storage space. Besides their vehicles, they have people coming and going. You can park on Bell Avenue between 7 p.m. and 7 S.M. He wouldn't park his vehicle there because he watches enough people hit his trees from driving drunk or falling asleep during the night. He doesn't know what else he can do other than park in his yard and that wouldn't be very attractive. The width of the lot itself lends to a comfortable addition of a circular drive. It's 15 feet wide, Pollock said Clark mentioned doing something in the back. It wouldn't be feasible because of the large trees. Minnie asked if the garage was attached to the house. Pollock said that's a carport.. Minnie asked if there was any room between those two to get a car. Pollock said no. Between the corner of the house diagonally over to the edge of the garage, that's maybe 12 to 15 feet, His wife had sug<ested that, but once you got to the back there would be no where to park, Clark came forward to present staff's recommendation. He said this is a very difficult situation retrofitting into an old neighborhood. If you are talking about 12 feet, a car can go through there. But, the effect it has on tree Ls what the commission will have to consider. If you want to have the house functioning and having the • visual effect it does now, you probably don't want to put all these extra driveways in. It would probably damage the historical impacts if deemed to be a historical house. Staff's maps are taken from aerials and obviously they have some deviation. There is approximately 12 feet between the garage and carport. It's fairly close. The real issue with granting the variance is tint it would encourage neighbors to want circular drives too. TSC needs to be prepared for that and probably some kind of procedure to allow the , others. If staff has a general standard, permits could just be • issued with exception to those along University Drive. • Gore said if TSC was granting everyone a driveway, the problem would j be compounded ths~'s already en Bell. Clark said that's the ✓ ASB00591 f TSC July 95 Minutes page 11 judgment the commission really needs to make, if circular drives help. Gore said instead of having one driveway to look out for, there will be two. Clark said that's what staff has been trained. You are looking at access points as you drive through the neighborhood. Eventually if the street is all one way, you learn the ones that are in and out. At an intersection, when it's one way, you limit the number of effects. The only thing with a circular drive is there's no way to really control which way is one way. There is no regulation regarding that. The only person who would regulate that is the person who lives there. Obviously, staff has no legal standing on that. Clark said the additional driveway will be low volume, but probably a lot of trips are occurring at peak hours if you look at condition one which dues cause interruptions. They are backing out now which the commissio:i has heard. That's why staff invited the petitioners to come and address the commission. Only they can accurately describe what they are going through. Pollock's description is pretty graphic in %1hat he is having to deal with. It i• pretty tough going through the corridor. There are 7,000 vpd on Bell Ave, This is a difficult situation, The street is still functioning as an arterial and will probably never be widened. It puts the people who live in this area in a difficult situation. Normally, an arterial is four lanes wide to address the safety and capacity issues. Clark said the lot is peculiar and was developed many years o before Bell Avenue was an arterial. characteristics on Sherman Drive have also changed. It was widened from a two lane road into four lanes. That also changed how all the development happened in the north and of Denton. The key issue is whether or not the commission thinks they should be routing anything around. They have a lot of apace in the back. It would effect trees and basic esthetics of the house, That's why it's :wt a simple engineering esthetics and somebody's home. That 'a why a board of peers needs to judge whether that's reasonable. Based on engineering issues, it really is possible to design other traffic patterns. The driveway could be moved over on the other side *ut tl•,en you create a financial issue. In other words, you could move the drive and swing the road in front of the house to the back. TSC has to weigh the cost. That's the only real other alternative. This is not a master plan issue. Whether or not the owner is creating the situation is marginal. It is an older area with limited room and there are -rery large old trees. Based on passed recommendations, staff doesn't feel it meets this criteria. Only one of the five criteria are met, which means staff recommends denial. Gore asked if the driveway was moved to the south part of the lot and brought in front of the house like a circular drive, would staff support that? The other drive would be closed. Bell is so narrow and dangerous. This wa•ld give him the wider driveway on the south side of the house and a little bit more moveability, Clark said A that wouldn't require a variance, If they agreed to do that, TSC f A wouldn't have to make that judgement. The issue there is parking in the garage and backing out, A8S00591 ~ 0 • • as Apsa ft Apo MM TSC July 9S Minutes page 12 Minnie clarified Gore's statement. She said you are wanting to close the rcrth driveway. Gore reiterated her recommendation, Minnie said, it would be a fake circle. Clark said you would have some of the same characteristics as a circle. Gore said this wouli keep the driveway accessew down on this narrow street. Clark said staff has no problems with that. It would change how the front of their home looks. Luce asked Clark if the City would be willing to relocate the service pole to it wouldn't be a problem. Clark said yes, The City could relocate the service pole. Luce ssid in terms of driveway width itself, that could be increased at its current location. Clark said yes. Pollock doesn't think he could widen his drive. He could a foot or two. The driveway could be 20 feet wide for the first 15-20 feet then narrow into one lane. You could possibly store a car in that area too. It wouldn't be the best but would work. You could still possibly have problems with one backing out when one is coming in. Minnie asked if there was some old Oak tre*s by those poles, Clark said you wouldn't be touching them because you would widen to the oouth. Minnie said ■he thought there was a huge tree there. Pollock said it was a Pecan tree. Minnis said if you put a driveway over the roots of the tree, it wood die. Gore asked Pollock to come forward and address the issue of moving the driveway to the south. Pollock said he disagrees with the impact of the circular drive. The esthetigs of the house in regards to a historical landmark. shouldn't be affected. The O'Neal Ford house down the street is a circular drive. Clark said staff is not saying that it would. Pollock said a pad in front of the house at the living room window is not aeathetically pleasing. It would accommodate somr. .dditional parking. Clark said it wouldn't have to be that close to the house. Pollock said he didn't know if that would help. Minis asked iE he could take the proposed semi-circular that's yving to go into your driveway and block off the current entrance. That little area could also be used to make it look like a drive all the way to the street or a turu-a-round spot. Pollock said yes, if the space was open and there wasn't cars in it. Minnie said that wo'ild have to be something he would designate within his family. Pollock said he was thinking the existing driveway could be utilized as storage. The other circular part could be used as more of an overflow type parking. If he has all three vehicles down that straight drive, he can't back up to get out. He isn't sure that would flow as easy as it looks. As far as going around to the back of the house, that raal-y wouldn't do anything. Like Clark said, the orientation of the ,.rage would have to be changed. The trees i would have to be taken out. He really doesn't want to do that. if you live on Bell Avenue, the only thing you have going for you is • your back yard. He doesn't want to encroach in that. Gore said that's why the commission isn't suggesting it. She fools like the commission is thinking along the lines of moving the ARE00591 • w 0-0 TSC July 9S Minutes Wage 13 ~OMlW ft" Deg drivewa- to the mouth. The drivew+av was going to be rebuilt anyway and th< parking would have to be regulated by the family. She gets the failing that two driveways aren't wanted, Pollock said he does, Devino, said Gore isn't speaking for everyone, Gore said she avoids Bell whenever possible. Whenever she does, it's with great cautious. Pollock said she is the only one. There are lots of speeding traffic. Not to down play the safety issue of people driving down the road and having to have additional places to look out for, he can guarantee that people travel fast. That's another issue that needs to be addressed. No is the one that needs the ability to get out of his driveway safely. Coomes asked what if they let him have the curb cut for the circu ar drive, could he give the commission some assurance that he wouldn't back out? Pollock said yes. That's definitely the way he will go. Coomes said, you will always position your vehicle to that you can go forward out the drive. Gore said he can't do that. Pollock said it depends how other vehicles aria .n place when he arrivss home. These people hitting his trees aren't watching when he backs out. Why wi11 they when he pulls out? Coomes said he goes up to Roberts $treat frequently. His experience has been, as he is traveling north bound and preparing to make a left turn people pass him on the left. Sven with traffic coming in the i opposte direction, people pass hire on the left. In his mind, it would be desirable to keep vehicles from backing into Bell Avenue. Anything to alleviate that is good. He doesn't know what the next owner of the property will do. Bacon asked, in staff's opinion, would it be more of a hazard to have circular driveways all along there where people are pulling out rather than backing? Which is a greater hazard - circular driveways or people backing out? Clark said if you eliminate backing out with circular drives, then circular drives are safer. That's the key issue is to make sure there is no backing out with circular drives, Devine amid you can't legislate what people are going to do and ask them for guarantees. She is going to vote in favor of the variance because she thinks it would be ■afer architecturally. It would be eater to have a median architecturally. The fools that drive over the median are not her problem unless they hit her car. You can't determine what they will do. She likes the idea of the two drives because it's easier to pull out. The problem too is that in this • neighborhood there are lots of driveways. Then you have a law that everybody's driveway has to be 300 feet apart. Nobody's driveway is 300 feet apart. So, the ordinance doesn't apply to anyone on the street and it shouldn't apply to him either. The utility service pole needs to be moved too whether the driveway is granted or not. The City created a problem by placing it there. Minnis said she is definitely in favor of him pulling out rather than backing out. She can see somebody coning forward opposed to • • backing out, go needs to work with the City and see how best to work the second cut opposed to the dangerous one he has. If not, it J needs to be a circular drive and not worry about it. AnOOS91 4?4 ~ FL~f Jz` N ■r TSC July 95 Minutes page 14 Apo MM1.+.... STAFF RXC4MMBNDBDI Denial CCM"roaroft"! wine made a motion to approve the variance, She said, Criteria 02 applies because the arterial was approved after this house was built. That is a major problem in this area, The circular drive in no more of a safety problem than the one he has now, The City needs to move the utility pole too as soon as possible. Minnis seconded the motion. Minnis, Devine, Coomes, and Luce voted in favor of the request. Bacon and Clore voted no. Motion passed, i ARBOO591 ~,te 7 +Ie+~? 5 • • ATTACHMENT 6 Apt-- P&Z Minutes AlWOctober 11, 1995 tl0 Page 2 Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) 111. Consider approval of the minutes of the September 13, 1995 meeting. Ms. Russell: Are there any corrections? Mr. Cochran: On page 10 It should say that we might "lose" points. Mr. Powell: I move that we accept the minutes as corrected. Mr. Cochran: I'll second. Mr. Powell: On page 20 Mr. Robbins talked about the philosophy of the regulations. 1 think that there Gas been a change in philosophy. Ms. Russell: All in favor please raise your hand. Opposed same sign. Approved. (6.0) Mr. Salmon: I need to make a correction for the record concerning changing the name of Payne Drive. 1 made a statement that wasn't completely accurate. I said that the acme change was acceptable to the Payne's and more accurately stated would be that they would prefer that it remain Payne Drive but they do understand that there are problems with the name changing on the other side of Boanle Brae. Ms. Russell: Thank you, it will be so noted for the record. M. F1old a public hearing and consider rezoning Lot 3, Block 1 of the John T. Campbell ' ~ ubdivision from the Single Family? (SF-7) District to the Planned Development (PD) District and to consider approval of a Detailed Plan for the purpose of a garage apartment located at 1920 N. Bell Avenue. (Z-95.022) • Ms. Russell read the rule of procedure for the public hearing a1A opened the public hearing, Ms. Donna Bateman: This request tonight is for a rezoning between Woodland and Roberts on Bell Avenue for the purpose of a garage apartment, The surrounding property • • • in this area Is mainly Single Family with some duplexes to the west. This Is In a low int mity area that i9 55% allocatW. There are no prablic improvements needed. The Po- Ilocits started renovating their home in May of this year. On July 10th the Traffic Safety Commission approved their request for a circu!er driveway with no conditions. On • O • AWA Ma AWAe No P&Z Minutes t>ItM October 11, 1995 Page 3 I September 25th we held a neighborhood meeting to see about establishing a histork district and to discuss the zoning can. It was reported at the meeting that a consultant was hired to reseaxch structures bulk prior to 1945. Forty-eight percent of the structures on Bell Avenue, between Sherman and University are high priority structures that contribute greatly to the commtutity. There were twenty-one notices sent out. We received three In favor, six in opposition. The 20% rule will not be in effect. It is the policy of the Demon Development Plan that housing diversity be strongly encouraged In Denton as a whole, Mr. Moreno: What does 55% allocated mean? Ms. Bateman: It means that in the overall allocation of intensity trips for this area they are only using 55% of the total allocation. Mr. Robbins: This is low intensity area and they are allocated sixty trips per acre. If the land was vacant then they would be allowed six units per acre. Since this proposal is 5.53 units per acre it would not go over the allowed intensity allocation, Mr. Moreno: It seems to me that there is a lot of traffic on that road already, Ms. Russell: Any other questions? Would the petitioner care to speak? 3 Mr. Bruce Pollock: My name Is Bruce Pollock and I live at 1920 Bell Avenue I have lived here In Denton since 1982. I lived at 2019 Bell Avenue in a duplex for a couple of yeas. 1 liked this property and kept an eye on it and when it came up for sale I purchased it. We are in the process of renovating an existing structure and we are not building a new structure. 1 think some of the concern expressed has come from one of the neighbors who Is concerned with privacy. There is a new window that has been put in on the back. We have tried to work with them in some nvnner to address this. I think that there bas also been some concern because we are asking for a planned development. I did not understand • what it was at first but 1 have worked with the staff and I was told that this was the only type of zoning that I could apply for to have a garage apartment, I have talked to lane leakins about getting historic designation and she doesn't think that this Is going to be a problem. I don't see this as a traffic issue. Mr. Cochran: Was the ,arage built at the same time as the house and Is it a one story structure? ~ • • Mr. Pollock: I think that it was built at the same time as the house and It is a two story building. I • 0 r a • P&Z Minutes AWN am October 11, 1995 Page 4 Mr. Powell: Was it a two story building before you started to renovate it? Mr. Pollock: Yes it was, Ms. Russell: Have you pursued the historical designation? Mr. Pollock: I have all of the paper work but lately I have been working on getting this done. I plan on pursuing the historical designation when this is all finished, Mr. Russell.: Would it be a problem to take out the window? Mr, Pollock: I have looked at putting in frosted glass or possibly putting an awning over the window to match the house. I put the window in to let in more light, Ms. Flemming: How many two story buildings are there along the east side of Bef1? Mr. Pollock: Not too many, maybe two or three. Ms. Russell: Are there any other apartments in the area? Mr. Robbins: The first block on Bell Ave north of University on the east side Is zoned 2P and the rest of Bell is zoned SF-7. The blue structures shown on this map are non conforming structures, Mr. Cochran: Are you increasing the square footage for this garage apartment? Mr. Pollock: No. Mr. Cochran: Are you changing the appearance? • Mr. Pollock: Yes. The garage had a gabled roof and we raised the gable in the back, Mr, Cochran; Is the siding on your bouse wood? Mr, Pollock: It is cypress, • Ms. Flemming: Are there tress on your property? Mr. Pollock: Yes rnd there is a hedge row between the properties. • w • 1! A$" Ila. t + "Mh menu P&Z Minutes tote October 11, 1995 Page 5 Ms. Flemming: Would it provide a buffer? Mr. Pollock: Yes it is pretty thick, Mr. Cochran: The building with the asbestos siding where Is that? Mr. Pollock: Thtt is the garage text door, Mr. Cochran: Is the siding on your garage cypress? Mr. Pollock: Pan of it is cypress. Ms. Schertz: In reading the minutes of the traffic safety meeting the circular drive was approved even though staff recommended denial. Did this rezoning help the petitioner with his request? Mr. Salmon: At the time of the meeting it was a single family residence, Staff recommended denial because our ordinance states that curb cuts must be spaced every fifty feet, but the Commission approved the variance for a circular driveway. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to in opposition? Ms. Ophella Sparks: My name is Opbelia Sparks and I live at 510 Roberts Street. We have lived there for 57 years, You can see our house from the window in the garage apartment. By changing the roof line be has changed what was a storage area into a small apartment. The previous owner had a workshop with a gas connection for beating over the garage. No one has ever lived in that apartment, 1 even chocked with the previous owner and he confirmed that no one had ever lived in it. They did the work on the garage without a permit from the city, The apartment was advertised for rent in the paper on • August 24th. The visual impact is serious, It seriously compromises our privacy. It is taller than any other structures in the area including the house, We know that any promises made by the current owners may not be carried out by any of the future property owners. We are hoping to have Woodland, Roberts, and Bell Ave designated n a historical district. If this change is permitted there may be others who try to do the same thing and this would change the integrity and character of the neighborhood. Also the ' • • • traffic in our neighborhood is a problem and the Pollocks have a single driveway with two cars. There Is no parking on Bell Ave and the apartment would add to the congestion, Mr. Cochran: The historic district is ant affected by the zoning. 1 live in the historic • i~Na P&Z Minutes October 11, 1993 Page 6 district and there are several lots that are zoned multi-family. Ms, Russell: Are you aware that there are other duplexes in the area? Ms. Sparks: Yes and I knew the original owner of the duplex. Ms, Schertz: There seems to be some discrepancy about the garage apartment, Ms. Sparks: The garage had a nice gabled roof and he raised the roof to a high angle. It is not an attractive building and It Is awkward. bls, Angel Robles: My name is Angel Robles and I live at 1823 N. Bell Avenue My husband and I have a concern that the approval of this request could open the door to future rozonings. There are Don-conforming structures in the neighborhood already, I am concerned about this. The traffic on Bell Ave is already bad. A tenant would add a third car and the circle drive would probably serve as a puking area. This rezoning and future rezonings could destroy the integrity of this established neighborhood. Ms. Mary Claude Gay: My name Is Mary Claude Gay and I am here representing my stepson (Mac) and his wife who own the house next door. The Kregels never lived in that garage. There was a storage area above the garage. Mac does not approve of the cirvAu drive. This was not done as s normal procedure, Mr. Pollock has done a beautiful job of restoring the house but he did not do things in the right order. First you get your zoning, then your get your permits and then you remodel. He has not done it in that order. I don't think that this has been done correctly and I don't think It should be approved. Ms. Russell: Is there anyone else like to speak in opposition? Would the petitioner cue to speak in rebuttal? • Mr, Pollock: I was as uninformed concerning the planned development as everyone else. I think there Is a little stigma with the planned development. The circular drive was a separate issue. The driveway is not for puking. I am just as concerned r+ out the integrity of the street. I have put so much money into this house that I can't afford to sell it. The other issue Is that the owner told us when we bought the amuse that he had lived out there during high school. I did not do this work on my own, 1 hired a contractor, I did not do • • • any of the work. The contractor that 1 hired was responsible for getting the required permits and doing the work. The contractor pulled a permit in May to do the renovation and 1 assumed that permit was for the whole project. • u • 4rtr~ P&Z Minutes Mls October 11, 1993 Page T Mr. Cochran: Did you not consider the zoning? Mr. Pollock: No I did not consider the zoning because 1 knew that there were already garage apartments and duplexes in the area. Mr. Cochran: By raising the ceiling did you change the square footage of the building? Mr. Pollock: No. Mr. Cochran: Which way did the gable go? Mr. Pollock: The gable went across the front of the garage and we simply raised the back side so you cannot we any changes from the front of the garage. Ms. Russell: Your contractor thought that the building permit covered everything on the lot? Mr. Pollock: 1 assume so. I thought that it did. Ms. Schertz: What type of permit did you get? Mr. Pollock: I don't know what type of permit he got. Ms. Russell: How long have you lived in the house? Mr. Pollock: I have lived there for five years. Ms. Russell: Are there any other questions? The public hearing is closed. Does staff have any closing remarks? Ms. Bateman: Staff recommends approval with the condition that the window on the north side be altered to prevent view into the neighboring yard. Mr. Powell: Why? Ms. Bateman: Mainly based on the fact that the Denton Development Plan allows it and • • w encourages it. We are adding the condition that the window be closed off in some manner, r Mr. Powell: I would like to ask the petitioner another question? Would it offend you if both windows had the same condition? • Ap0N NOR P&Z Minutes uaM~ . October 11, 1945 Page 8 Mr. Pollock: Yes it would. I am trying to let some light into the cpace. Mr. Powell: How would you feel about frosting both windows? Mr. Pollock: I would rather put awnings on the windows. Mr. Moreno: We received six notices that were In opposition and It did not reach the 20%? Ms. Bateman: No, it represents sixteen percent of the surrounding property. Mr. Cochran: You mentioned housing diversity, I believe that there is some language in the Denton Development Plan concerning protecting single family neighborhoods. Ms. Bateman: Yes there is. Ms. Russell: Do we have any history on any of the bouses that are on your layout? Ms. Bateman: We are still doing some research into the legal non conforming and seeing if there is any illegal non conforming. Mr. Cochran: This is very perplexing for me, There are good arguments on both sides. I hate to hold someone over a barrel because they didn't follow the rules. Ms. Schein: 1 believe that the petitioner acted in good faith, Mr. Cochran: When did the work actually start? Mr. Powell: We are here to decide a zoning issue and not a building issue. 1 Mr. Cochran: I think that they are intertwined because we are trying to go back and comxt some mistakes that have been nude. Mr. Pollock: I didn't keep track of this because the contractor was doing it and I didn't handle the financial end of it either. Ms. Sparks: I don't know when they started because I was on vacation. When I came r r back on August 1st they were working on It and bad the roof off. I thought that they were building a game room and when I checked with Building Inspections I was told that they were building an apartment. When 1 came down to the city to check on it they said that • w k P&Z Minutes a am October 11, 1995 ~ Page 9 k there was not a permit, Ms. Schertz: I would like to say that I agree with both Commissioner Powell and Commissioner Cochran. I would like to ask Mr. Robbins a question concerning this. If I need to just look at this as a zoning case and not look at ail of the other things that have taken place then I need to know, What I am asking is do we just look at what is up here for consideration? Mr. Robbins: That is what you should be looking at. Mr. Moreno: I travel up and down that road at least four times a day. There is quite a bit of congestion on that road and I hate to add any traffic to that neighborhood. That is a unique neighborhood and 1 like looking at those big oak trees, Sixteen percent opposition is enough to sway me. Mr. Cochran: There are some issues here that ak7e just zoning, but our primary service is to represent the interests of the community. To the best of our ability we need to look at the issue of the zoning, You brought up the fact that the permit is often requested after ttk, neighbors complain. If Mr. Pollock had brought his plans before us then the neighbors would have had a chance to voice their concern. That has been almost elimimtted. The process was rat allowed to run its course in the proper way. There are zoning Issues and them are the policies of the Denton Development Plan. Mr. Powell: I move that we approve the planned development and the detail plan for Z- 95-022 with the conditions that the windows on the north and east be altered to prevent viewing the r: ighburs yard, Ms. Russell: Do we have a second? Motion dies due to lack of a second. A couple of considerations It is a nice neighborhood and you have enjoyed it since moving in. • I went and looked at the property on Saturday and I looked it the circle drive and the possibility that you wouldn't have to back out. With yowVer people moving Into the neighborhood aM seeking historical designation that will belp the neighborhood, Ms. Flemming: I think that tine people are more concerned with the PD zoning and not so mucli the structure. I think that in this neigytiorhood a circular drive is the safest kind of driveway to have. How many different kinds of zoning are in that area? • • e Mr. Robbins: There is Single Family and 2F zoning, Sortth of Roberts on the east side of Bell Avenue is coned 2F. o 0 • as -W_ Now- EE Ma P&Z Minutes October 11, 1995 Page 10 Ms, Flemming: So that is duplexes or two family? Mr. Robbins: The 2F means that there are twu fa,nllies under a single roof. With the PA that is the zoning, the detail plat Is the zoning and that would have to be what is there. Mr. Cochran: I am trying to figure out what some of our alternatives ate. Ms. Russell: Our options are that we can deny the request, approve the request as submitted, approve the request with conditions, or we can postpone consideration. Mr. Powell: I would lute to add for your consideration that this lot is two hundred and tan feet deep. Where I come from a little diversity is a good thing. Mr. Moreno: I move that we deny the request for PI) zoning for 1920 Bell Avenue. Ms. Flemming: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right land. Opposed same sign. Motion does not pass. (3.3) Opposed Ms. Russell, Mr. Powell, Ms. Schertz. So where does it go from here? Mr. Robbins: I think that you have to make a recommendation. Ms. Rwssehl: Can this go forward to council without a recommendation? Mr. Robbins: If the Commission doesn't want to make a recommendation then it can be appealed to the City Council Ms. Russell: Let's take a ten minute break to conndt with Mr. Drake at this time. • Ten minute streak at 7:17 p.m, 1 Reconvene at 7;30 p.m, Mt . Russell: Commissioners Ism told that one appropriate Oing to do would be to table j this until our next meeting. • • • Mr. Powell: I move that we table this until our next meeting. Ms. Scbertz: I'll second. PAL, ! ~ 4, f11 • ~aaaw~wrrrrr plaltM MIA P&Z Minutes October 11, 1995 Page 11 Ms. Russell: All In favor of the motion please raise your right hand, Opposed same sign, Approved. (64) This will come back to our next meeting and could we put that as the l first item. IV. Hold a public hearing and consider a rezoning of 4.09 acres in the Wiilowcreek Addition from the Light Industrial (LI) zoning district to the Single Family-7 (SF-7) zoning district. The subject property is located at the intersection of Kerley and Scott. (Z-95-024) Mr. Reeves: This item I discussed with you about a mo,uh ago. This was platted in the early 70s and the zoning at that time allowed for cumulat;ve zoning. In 1985 the zoning ordinance was amended and it did not allow for single family housing in Light Industrial zoning. Mr. Lou Kraft would like to purchase some of these lots and build single family houses on it. There arc still vacant lots for which no building permit can be issued, The existing homes cannot expand because that would be expanding a non conforming use, We sent out twenty-four notices and we have received six replies, five were in favor. Thera Is no intensity problem with this rezoning and staff recommends approval of this rezoning. Ms. Flemming: What is the proposed square footage for the houses? Mr. Reeves: I do not have that Information, Mr. Moron: Is there access to Tomas Rivera School from this area? Mr. Reeves: They will probably be walking across the property to get to the school, Ms. Russell: Would the petitioner care to speak? Mr. Lou Kraft: My name is Lou Kraft and I live at 1933 Laarelwood. I appreciate the city doing the rezoning. The houses for the lots on the comer will probably be in the area • of 900 to 1000 square feet. If we can't sell them then we will probably rent them. We have a good reputation. Ms. Flemming: Will these be compatible with the existing homes in the neighborhood? Mr. Kraft: I would like to use more brick but they will be single family, and them will • be bigger houses on Kerley. I am impressed wits the neighborhood, • • Ms. Russell: Any other questions of Mr. Kraft? Is there anyone that would like to speak j in favor of the petition? Would anyone Ilke to speak in opposition to the petition. We will close the public hearing. tI 0 c., o 'r Apo* a t Mlt» 00* 0A 10 p&.'1. Minutes October 25, 1995 page 2 one of these intensity areas, there arc three types of intensity areas, there are a set of policies. For Urban Centers, major activity areas, that is where the community's industrial commercial base is supposed to be. Moderate Activity Centers have a set of policies and Low Intensity Centers have a set of policies, Each one of these areas, other than those that don't do ar, intensity analysis and these, have a set of intensity values that go with it. Most of our rezoning, because most of the land in Penton is in low intensity areas, and that is allocated sixty intensity trips per acre. Intensity trips represent intensity in all of its; aspects, so it is the height of the building, the amount of traffic that goes out on the street, the amount of sewage that comes out of the buildings and the development, the Pmount of run off, its impact on its neighbors. That Is Intensity. The Intensity of the development can be treasured in a number of different ways, in a low intensity area that is sixty per acre which equates to six units per acre. All land uses have been given an intensity value which is based roughly on that land use's traffic generation rates, but the idea is that it represents more than just traffic counts. There are two ways to measure intensity trips, one is on an acreage basis and the other is on a square footage basis. So if you actually know how big the building is going to be then you base the Intensity on the square footage. So for commercial is it sixty intensity trips per thousand square feet of building. If it is commercial and you don't know how big the building is then it would be allocated at six hundred and fifty trips per acre. If they violate the intensity policy, called the general policy of proportionate share, and it is inconsistent , there are several other ways in which that proposal h;; land use could he evaluated and still be approved. You have to apply the other policies, That is the general policy of intensity and you should always see in the staff report the, intensity analysis and the other policies that apply to that proposal Ms. Russell: Are there any questions? Well we will probably have this discussion again for some of us that keep looking at this. s 111, hold a public hearing and consider rezoning IAt 3, Block 1 of the John T. Campbell Subdivision from the Single Family-7 (S11-7) District to the Planned Development (PD) District and to consider approval of a Detailed Plan for the purpose of a garage apartment Y located at 1920 N. Bell Avenue, ('L-95-022) Ms. Russell read the procedures for the public hearing and opened the public hearing, Ms. Bateman; I want to clarify a few things, I talked to some of the neighbors that were notified prior to the previous meeting and there was some misunderstanding so I want to go ahead and clarify those right now. One is that this Is a rezoning of a .36 acre tract, It Is not a rezoning of the entire neighborhood for garage apartments, The other confusion • concerned the planned development zoning and what it means. The PD zoning is not art open ended zoning, it is not to allow for future uses, or future garage apartments on that same tract. It is for what is proposed, one garage apartment on the tract and that is it, a 3 I tJ • hwrk P&Z Minutes October 25, 1995 Page 3 Anything else would have to come before the Commission again. On this case that is before you tonight h is a .36 acre tract to rezone from SF-7 to Planned Development to allow for two family dwelling structures. The reason that it is proposed to be a Planned Development and not 2F is because it does not meet the twu family criteria as far ac having a common wall between the two, a common roof line, and it does not meet the side yard set back standards. This plan before you tonight is slightly modified from what you saw two weeks ago and it is mainly the added conditions that the applicant agreed upon. This is in a low intensity area and it is fifty-five percent alt'ocaled. The property is platted and no public improvements are needed. The property was zoned SF-7 in 1969 with the zoning map. Notice was made prior to the previous Planning and 7oning Commission meeting, As of today we have received nine replies in opposition and four in favor. A gentleman called right before the meeting and he is one of the property owners, lie is In favor but I am not counting his because we do not have a reply form. He did ask me to read something for the record. He stated that he was In favor of the request. He wanted it on the record that this is a mixed neighborhood, from his house he can see a garage apartment in the backyard, four rental houses, one duplex, and one four plex. He sees no problem with the request and that this request is practical and that he does not feel that it opens the neighborhood up for multi-family use. His name was Mark Sandal at 2016 N. Bell. The twenty percent rule is in effect because more than twenty percent of the surrounding land owners are in opposition. There are several policies, goals, and objectives that i stated In the staff report that do show that this proposal does meet the criteria. Mr. Cochran: What percentage is in opposition? Ms. Bateman: At last calculation it was 21.5 percent and there is one additional lot that has not been calculated in yet, Ms. Russell: The circular drive is not involved In this consideration, is that correct? • Ms. Bateman: That is correct. Mr. Robbins: Could yoti cover the additional conditions from what P&Z saw last time. Ms. Bateman: In going over the letters of opposition that we received we look in the privacy factor, the parking, the traffic problem, and other issues that were brought up. • The conditions that we are recommending to you are [hat the north and east windows be • 40 allered to prevent any view, whether that be frosting or taken out, That the apartment be leased and occupied by no more than one Individual at a time, and that the privacy hedge that runs along the north end of the property be maintained at a six foot minimum height. 1 i 1 l t_ w ANtth No P&T Minutes October 25, 1995 Page 4 Mr. Robbins: Are those notes shown on the detail plan that the applicant has submitted? Ms. Bateman: Yes they are. Mr. Robbins: 5o while we are recommending them, these conditions are on the detail plan that the applicant has submitted. You don't have to add those as conditions because they are already on the detail plan. Mr. Moreno: I have a question about condition number two concerning only one person occupancy and how it will be maintained? Ms. Bateman; It will mainly he the applicant and the neighbors. Mr. Robbins; We currently have a standard in our ordinance that no more than four unrelated people can occupy a single family dwelling. There is an existing standard and we really are regulating with zoning the relationship and number of people that could occupy a single family house. When there is a problem there are mechanisms that can be used. Mr. Bruce Pollock; My name is Bruce Pollock and I live it 1920 Bell. I would +nst like to reiterate that the plans before you have the new conditions on them and that they are in fact part of the detail plan. I don't feel that I um asking or proposing anything that is unique to this neighborhood. I don't think that I am going to be impacting the character of the neighborhood, I took offense to some of the statements that were made at the last meeting that discounted some of the statements that I had made. Just to clarify some of the information that you received that was incorrect, I would like to pass out some information regarding the occupancy in the past of (his apartment. I think everyone was lead to believe that this was a storage space and i have something from a previous owner that contradicts that. Whether or not it had been occupied before Is not a pivotal point in • my argument. I would also like to note that we have been there five and a half years and we are contributing to the upkeep of the neighborhood in a respectable manner. We are not trying to do anything that will adversely affect our neighborhood. This planned development has been viewed as a looser type of zoning and I am finding out that it Is actually a stricter form of zoning. • Mr. Cochran; Where exactly do you plan on parking? And where would the tenant he • • parking? Mr, Pollock; We plan on parking in the driveway. • 0 • t c, a A9V* M P&'L Minutes October 25, 1995 Page 5 Mr, Cochran: What was the intent for the circular driveway? Mr. Pollock: It was for safety reasons so that we could head into the traffic instead of backing out onto the street Mr. Cochran: In the traffic safety minutes it is stated that you have two cars. Mr. Pollock: We did have two cars at the time, since that time we sold one of the cars, Ms. Russell: Are there any other questions? Is there anyone that would like to speak in favor of the petition? Ms. Annette Weldon: My name is Annette Weldon and I live at 520 Roberts Street and I also own the adjacent vacant lot. 1 would like to say that I ant in favor of the petition. I have lived in various states, in various areas of the country, and I have always lived in older neighborhoods and garage apartments have always been an integral part of the older neighborhood. We live in an older neighborhood and there are existing garage apartments and to my knowledge they presented no problem. There has never been an Issue of privacy that I have heard of. This is an existing structure so it is not as though the entire property has to be changed. It is a very small structure. I cannot see any logical reason why the Pollock's should not be allowed to proceed, Ms. Colleen Graham: My name is Colleen Graham and 1 live at 1903 North Bell. 1 would like to ask you to just look at the whole picture of the neighborhood, The Pollocks are a contributing factor to the neighborhood. They have Increased the value of their home greatly since they bought it, 'The addition of a garage apartment is also an enhancement. It adds to the value. Our property has a garage apartment. From Woodland to Sherman there is probably fifty percent of the area is rental property, This is a very small garage apartment I have seen it, O Margaret Ambuehl: My name is Margaret Ambuehl and I live at 2063 North Bell, We live across the street from this property. The addition of the garage apartment has not changed the appearance from the street. I am not opposed to this at all. The Pollocks have done nothing but add to that property and have no intention of running the neighborhood down. The property is quite old and was somewhat rundown when they ® bought it. They have Improved it considerably, I don't see that it will be a detriment to • the neighborhood at all. r Ms. Russell: Is there anyone else to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? y~,~~~MIMw h Apo* ram i P&Z Minutes October 25, 1995 Page 6 Ms, Ophelia Sparks; My name is Ophelia Sparks and I live at 510 Roberts Street. I spoke at the last meeting and I am still very much opposed to this. Whether Mr. Pollock followed proper procedures or not, which he did not, he did not get a building permit, he did not check on zoning law, but whether he followed those procedures or not, this is a zoning consideration and what he is asking for is spot zoning, When you start spot zoning neighborhoods begin to deteriorate, that is a well known fact. It may enhance Mr. Pollock's property but it certainly doesn't enhance the value of my property. I can see this apartment from our backyard. We have always had complete privacy until this structure was put up. They didn't ask us what we thought about it. It does have an adverse affect on the single family dwellings. If we have zoning laws then they need to be enforced. Traffic is a major concern on Bell Avenue. I am much opposed to the garage apartment. Two of the people that spoke in favor have garage apartments, It destroys the value of our property, We have lived in this neighborhood for fifty-seven years and we have never had anything like this conic up before, Ms. Angel Robles; My name is Angel Robles and I live at 1823 North Bell. Originally all but one block on the east side of Bell Avenue was zoned Single Family. That one block was zoned Two Family. At the time there were duplexes and a garage apartment on lots zoned Single Family and these were grandfathered. It would appear that the intent of the original zoning was to preserve and establish a predominantly single family residential neighborhood. To approve Planned Development zoning on an already developed Single Family residential lot maybe setting a precedent, not only for the Bell Avenue neighborhood but for the entire city. This is spot zoning which is recognized by professional land use planners as the first step toward deterioratlor of an established neighborhood. We request that the problems of spot zoning and its potential Impact on our neighborhood be thoroughly considered before voting on this zoning change. Mr. Mac Gay: My name is Mac Gay and I own the property at 1926 Bell, There are several things that concern me about this request for rezoning. I am concerned about the 0 increased density of that block, traffic along Bell Avenue is horrendous, there is no parking, the street is too narrow, and there Is no way of widening it. The current conditions there make living there very difficult. People have to park in their driveway or behind there house. By adding another family there it would Increase the traffic there, even though Mr, Pollock has an approved circular drive, I am going to hate to look out the front door of the property that I own and see cars park on the lot next to me. Those lots are seventy-five feet wide. That is narrow to have two families living there in two • 0 different structures even though the lot is very deep. I am concerned that the density there and the increased traffic, and the spot zoning that is taking place will reduce the value of the property. • c3 • AW* No' MMaa 00 P&Z Minutes October 25, 1995 Page 7 Ms, Russell Is there anyone else to speak in opposition to the petition? The petitioner has five minutes to speak in rebuttal Mr. Pollock: I think the issue raised about the preservation of Single Family zoning in the area, that being the intent, I am not sure we can judge intent, I don't think that was really the issue there because Iwo structures were indeed built after the 69 zoning change. These are the only two structures on the entire two block area that are correctly zoned and the others are non-conforming. The density question raised, as Mr, Robbins pointed out It is below the allowed limits. Traffic is bad on Hell Avenue and unfortunately the other night a child was struck by a car. That is an Issue that needs to be taken up in Traffic Safely, I think. I think [hat anything that I am proposing here is not going to add sonic horrendous amount of traffic. We are looking at [he most, one vehicle. What we are counting on is foot traffic to TWU, Indeed there are other garage apartments as Mrs. Sparks pointed out, that just points to the fact that I am not asking for anything unique. The only thing that is unique is that mine is not visible from the street at all, The other garage apartment that Ms. Sparks referred to is not used as an apartment, it is for personal use. I believe that we are following the direction of the Denton Development Plan and providing diversity In housing, After hearing about the housing shortagr, at TWU I decided to proceed with this. If I didn't live there I could see where people might take more issue with my proposal, it might adversely affect sonic things. We use our backyard for our entertainment and we are not going to do anything that is going to impede our use of the area and certainly nothing that would be aesthetically unpleasing to us. Ms. Russell: Mr. Drake has a legal definltion for spot zoning, Mr. Drake: Probably the big grandfather case in Texas on the zoning authorities is Farr vs. Tibbet. It is a Texas Supreme Court case that addresses spot zoning and a number of other issues that probably would be good to mention tonight. According to the Farr case the term spot zoning is used in Texas and most states to connote an unacceptable • amendatory ordinance that singles out a small tract for treatment that differs from that accorded similar surrounding land without proof, changes, and conditions. Spot zoning Is regarded as a preferential treatment which defeats a pre.-established comprehensive plan. j Spot zoning has uniformly been denied when there is it substantial adverse impact upon surrounding land. The size of the rezoned tract in relation to the affected neighboring lands has been has been sold by some authorities to he the most significant consideration • in rezoning. Mandatory ordinances which have rezont:d a single city lot when there has been no intervening c'tanges or other saving charactetislic have almost always been voided 0 0 In Texas. The paragr n case of spot zoning would be a. situation where maybe you might have it commercial us : approved in an area where you would have residential uses, There are a few characterise ics that the Farr case points out that are very important to recognize • 0 Q • 1110" lk Mrs t prN P&'L Minutes October 25, 1995 Page 8 in any kind of zoning or land use decision. Rezoning request must be considered in light of the city's comprehensive zoning ordinance and its comprehensive plan. The council must respect the existing zoning as legally bound to follow its comprehensive plan in making zoning decisions. A rezoning request should not be used to redetermine or re- evaluate the city's general zoning policy or plan. That does not mean that the city may never amend its zoning ordinance, if a request for a change of zoning does not violate the comprehensive plan, the change in zoning may he appropriate in light of the following factors: (a) impact on other properties. The nature or degree of an adverse impact on other properties and whether the rezoning would be Inconsistent with the zoning of surrounding properties, le... spot zoning. (b) Suitability, whether the land is suitable or unsuitable as currently zoned. The rezoning may he proper if there is proof of a real public need or substantially changed conditions in the neighborhood. (c) Public purpose, the rezoning must be substantially related to the public health, safety, morals, or general welfare, or protect and preserve historical and cultural places and area. 'there have been a number of E factors which I guess are probably relevant to the determination of spot zoning. You have heard some evidence about other garage apartments in the area which may indicate what ` other uses are in the neighborhood and have an impact upon what this other land use would f be. On the other hand there are the historical aspects of the neighborhood are probably worthy consideration also. The number one issue is compliance with the comprehensive plan. I believe that the staff has already spoken to that issue, Before you make a leap to spot zoning you would have to find a fairly big inconsistency with the surrounding uses of the neighborhood. Ms, Russell: I forgot to say that the public hearing was closed before we got Into staff remarks. I apologize for that. Are there any final remarks? Ms. Bateman: We find this in accordance with the Denton Development Plan and recommend approval of the rezoning as well as the detail plan with the three conditions as stated earlier. i Mr. Cochran: There are some properties out there that have garage apartments and how are they zoned? Ms. Bateman, They are zoned Single I-amily-7. • Mr. Cochran: So by zoning this it would be the first that would be legally sanctioned. So we would be setting a precedent in this neighborhood by granting this rezoning. On the • parking situation, how many parking spaces are required and how many are provided? Ms. Bateman; I think that there were four required and the driveway was sufficient for I I • w _ i rw~.w+rr+~ A"* OL t: P&Z Minutes AN~l~t11M..."" October 25, 1995 Page 9 i the parking without considering the circular drive. Mr. Cochran: Is that acceptable in a multi-family situation? t Mr. Robbins: This is a very typical situation in residential developments where you have multiple cars and only one driveway. Mr. Salmon: Our parking lot ordinance does not regulate single family and two family properties. Mr. Powell: It would appear to me that il'the other houses similar to this had been built without a zoning change, that this would be the first time that we are taking advantage of a zoning ordinance, that we are doing things the right way. Ms. Russell: When I went over to look at this a few weeks ago, I parked in someone's driveway and it was apparent that you are taking your life in your hands if you try to back out on the street. The circular drive would certainly make it safer I would think. Mr, Powell: I am ready to move on this. I move that we recommend the Planned Development district and the submitted detail plan for 7-95-022. Ms. Schertz: I'll second, Ms. Russell: And as I understand the conditions that we have, because they are on the detail plan we do not have to include those in the motion. Any discussion? Mr. Cochran: I would like to make a comment that I will vote against this for several reasons, traffic safety is one of them, and that we would be setting a precedent in the neighborhood. Our neighborhoods of that nature are a dwindling resource in the f community and that we obviously have a highly motivated group of individuals th t live in that area, Mrs. Sparks summed it all up pretty well and that is what are your zoning f laws about and what are they for. They are to go build your project and then come in and ask for a zoning change. They aren't to go build your project and then go get a building permit. That is not what the zoning laws are for, They are to go and get permission to put in a circular drive and fail to mention your development to the Traffic Safety Commission, That might have affected their decision. There was no mention in the Traffic Safety Commission minutes that there was going to be an apartment, t ' i Ms. Russell: I read this a little bit differently and that the driveway was for his own use and that it was not related time wise. T , h: • • A"* OL APrAo tam.................,...... P&Z Minutes October 25, 1995 Page 10 Mr. Cochran: The minutes are from July and that is when he started on the garage apartment. Mr. Powell: I would agree that the time line what with the permits and the building is not the best. We are not here for that. There are people who are paid by the city who enforce those ordinances. This is a zoning commission and we are here to make a zoning decision. I would prefer that it hadn't been done the way that it was, but it doesn't affect the zoning decision, It would appear that the zoning ordinance is being lived up to. The zoning ordinance allows someone to come before the board and ask for a zoning change and that is what he has done. This particular change does not change the context of the neighborhood at all, as far as 1 can see. As for traffic, we have approved apartments north of here and they are going to have a major affect to Bell Avenue more so than this one garage apartment, Bell Avenue is going to be a nightmare as long as you and I drive on it. 1 don't see any way out of that, and I don't believe that the nightmare is added to, one bit, by this one garage apartment. Ms, Russell: Any further discussion? Ali in favor of the motion please raise your right hand, Opposed same sign, Approved (4-3) Mr. Moreno, Ms. Flemming, Mr. Cochran, IV, Hold a public hearing and consider the Specific Use Permit application of the proposed "retirement inn", Colonial Lodge. The 4.511 acre site is located on the east side of Bernard Street approximately 750 feet south of Collins Street. Ms. Russell opened the public hearing. Mr. Yost: This is the Colonial Lodge of Demon and this is for a specific use I -.4 To the south is the Ramsgate Apartments, and in the back is single family land that is base..: Ily undevelopable because of the topography. On page 86 there are seven conditions that must be met to approve this. The existing streets are satisfactory and the applicant is proposing • a sidewalk along Bernard. There will be a detention pond that is shown on the site. 'T'here were nine notices sent out and we received one reply, The reply is in opposition and there was no reason given. Out of curiosity I called the gentleman and asked him why he was in opposition. He was not in opposition to the land use, he was in upposition because the applicant did not buy his property. The applicant has talked to the neighbors and shown them the site plan, There is a similar facility that the applicant built in McKinney. Across • the street is the Cumberland Presbyterian Children's Home which we feel is a compatible use. • • Ms. ['lemming: Did you say that this will be similar to the one in McKinney? t ' Y l • :•os•ozz AW41 N4. App fqm DIM ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.36 ACRE TRACT LOCATED AT 1920 N. BELL AVENUE] APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bruce Pollock has applied for a change in zoning for a 0.36 acre tract of land located at 1920 N. Bell Avenue from Single Family Dwelling District (SF-7) to a Planned Development District (PD); and WHEREAS, on October 11, 1995, the Planning and zoning commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the zoning district classification and use designation of the 0.36 acres of land platted as Lot 3, Block 1 of the John T. Campbell Subdivision is changed from Single Family Dwelling District (SF-7) to a Planned Development District (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit 1, attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for the district, in accordance with Division 2 of Article IV of Chap- ter 35 of the Code of Ordinances. • ;ECTION I11. That the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding e $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be o 0 ii ! i r AW6 OL Apses hm published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this _ day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY$ CITY ATTORNEY BY j! - • i w 0 DENTON o0°~o 00 ~ F ~,oa OpO~ X00 b ° 0 ~ a a ~ © C:3 © CI q D DD co Q OOO T o ~ Copp o~,oo N, ~ o000 aoaoaaaoo CIIT COUNCIL a i i► • DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance for a Specific Use Permit for Sterling House, a Nursing Home or Residence Home for Aged (Assisted Living) on 6,3855 acres in the Agricultural (A) zoning district. The subject property Is Lot 1, Block 1, of the Gateway Addition, and is located on the west side of Hinkle, one hundred feet north of Meadow Ridge. t. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the specific use permit (7.0). SUMMARY: See Planning and Zoning Commission Report, BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS,.DEPARTMENTS OR.GROUP.S AFFECTED: Not applicable, FISCAL IMPACT: None, • Respectfuil submitted: Llo d arreli • City Manager 41f i il! r ,-i1h~Y v t Y a e ~nv 1 w • AIMS-- - Prepared by: Walter . Reeves, Jr. Urban Planner Approved: C/ rank Robbins, AICP Director Planning and Development Attachment #1; Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3; Draft minutes of the November 9, 1995, P & Z meeting. 1 , I I i i i • • ~r .}axl 1 w tA~' ~ ~ i ryl1 i • AWIS Na ; PLANNING & ZONING COMMISSION REP To: Denton City Council From: Planning & Zoning Commission Date: November 21, 1995 Subject: Specific Use Permit for Sterling House, an Assisted Living facility (Nursing Home or Residence Home for Aged), GENERAL INFORMATION Applicant: Sterling House Corporation 453 S. Webb Rd., Suite 500 Wichita, Kansas 67201 Owner: GWBM Inc. D/B/A Gateway Baptist Church PO Box 2774 Denton, Texas 76202 A ctlon: i;equesting a Specific Use Permit (SUP) for an Assisted Care Facility (Nursing Home or Residence Home for Aged in Table of f Uses) on 6.3855 acres. The underlying zoning of the subject property Is Agricultural (A) zoning district and use classification. Location: The subject property Is located on the west side of Hinkle Road, approximately one hundred (100) feet north of Meadow Ridge Drive (Attachment 1). Surrounding Zoning and Land Uses; North; Vacant, agriculturally zoned land, South: Single family residential uses In PD-78, other single family uses In the Agricultural (A) zoning district, vacant land owned by the City in the Agricultural (A) zoning district East; Hinkle Drive, Good Samaritan in PD-21, single family residential uses north of Good Samaritan In the Single Family 7 (SF-7) zoning district, and vacant land to the south of Good Samaritan In the Single Family 16 (SF-16) zoning district. West; Vacant land In the Agricultural (A) zoning district Immediately adjacent to the property, further to the west Is single family and two family residential uses in the Two Family (2F) and Single Family 10 (SF-10) zoning districts, Sterling House Page 1 { • Ap* tMti nPM Denton Development Plan (DDP): ore.__' Low Intensity Area #23 (84%) allocated. SPECIFIC. INFORMATION The final plat of the subject property (Lot 1, Block 1, Gateway Addition) was I approved May 25, 1994. Public improvements associated with plat included sidewalk along Hinkle, possible need for a fire hydrant, and a waiver of the pro rata fee by Texas Instruments (TI) to tap into the sewer line in Hinkle. Unfortunately, that waiver was for the Gateway Baptist Church and is not transferable to Sterling House Corporation, which will need to obtain their own pro rata waiver from TI. NOTICE Notice of a public hearing was mailed to nineteen (19) property owners within two hundred feet of the subject property on October 13, 1995. Four (4) replies were received, all in favor. BACKGROUND The subject property is a 6.3855 acre site originally platted for use as a church by the Gateway Baptist Church. The property is relatively flat and featureless, although the eastern halt of the property is wooded, Sterling House Corporation is proposing to construct a thirty-seven (37) unit assisted care facility. A lengthy description of Sterling House Corporation and its facilities is included in Attachment 2. In a nutshell, from that Information: Sterling House assisted living will provide residents their own apartment, including private bath, kitchen, locking door, call system, living and sleeping areas, closet, and individual temperature control. A typical Sterling House contains 26 - 40 apartments, common dining room, kitchen, common living room, laundry, activity room, TV area, Interior outdoor courtyard, salon, offices, as well as other sitting and gathering areas for the support of the sense of community, The primary market for assisted living is for persons 65 and over with the average age between 83 and 87. 0 There are four categories of services typically provided In an assisted living environment: * Hotel or "Hospitality" services: Meals (3 per day Including special diets), housekeeping, transportation, etc.; * Personal care: Assistance In walking, transferring from bed to chair, bathing, and other services affecting functional ability. 0 * Routine Nursing services: Non-continuous (I.e, not 24 hours per day for an extended indefinite time period) skil[ed nursing care (e.g. IV's, skin care); Sterling House Page 2 • c~ • k Special care: Service coordination, assessor monitoring individual plan of service and changes In needs, access to specialty providers and behavioral management. The intent of assisted living should be to provide services to each resident based on individual needs and desires. Services are "unbundled" and delivery Is based on the needs of each resident (services are contracted for with the facility). The Commission ',.aid a public hearing on this request on October 26, 1995, At that time the Commission voted to postpone consideration of the request and Instructed the applicant to have a neighborhood meeting with area residents regarding the project. That meeting was held on October 27, 1995, and the applicant has "fifpped" the site plan In response to that meeting. On November 8, 1995, the Commission considered the site plan that Is being recommended to the Council, and the neighborhood was satisfied with that plan. ANALYSIS The purpose of a specific use permit Is described in Section 35.106 of the Cods of Ordinances of the City of Denton. Section 35-106 Purpose, This division provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgement relative to the location and site plan of the proposed use are required. A site plan (Attachment 3) Is required to accompany a specific use permit application. Information required to be on the site plan is as follows; 1. 1" = 100' or larger scale for site plan. The submitted site plan meets this requirement. 2. Vicinity map or location map. A vicinity map Is not provided on the revised site plan, 3. North arrow, r Provided. Sterling Houee Page 3 • e a ' • c~ • S 4, Owner and/or proposed developer. A0 mm_ Provided. 5. Existing zoning and use of property and adjacent properties, , Ownership and use Is not provided in the Meadow Ridge Addition. Uses are not provided for the rest of the adjacent properties. 1 6, Total number of acres In request. Provided, 7. Distinct boundaries and dimensions of subject site. Boundaries are distinct, dimensions are provided, However, neither the calls or distances correspond to the calls and distances of the recorded final plat of Lot 1, Block 1, Gateway Addition. 8. Description of all process and activities Involved with the proposed use. See Attachment 2. 9. Location of all existing and proposed buildings and structures, Including the number of stories, height, roofline, and gross floor area, and location of building entrances and exits, Provided. ill. Existing and proposed utilities - approximate location, Provided. it. Existing drainage and natural features - location, Satisfactory, 12. The location and dimension of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside storage facilities, • Parking Is shown and meets the requirements for Individual space width and depth. Additionally, the vast majority of the provided parking will now be located four (4) feet from the north property line, which Is adjacent to vacant land. The facility is providing twenty-six (26) spaces and two (2) handicapped spaces, Our ordinance requires that they provide one (1) space per each six ® rooms or beds. With a proposed thirty-seven (37) rooms, the • • required parking would be seven (7) spaces. Lighting facilities Sterling House Page 4 • a • tale and details regarding those facilities have be . TM. location of the trash dumpster is shown, It will need to be screened by a six (6) foot wood, stone, or me- "ince or shrubs on three sides that will reach the requiret, ,u3lghl within three (3) years of planting or a combination thereof, Details on the dumpster are provided, j 13, Building setbacks. The front yard setback is provided. 14. Sign(s) - location, dimensions, and typa (scaled drawing preferred). A proposed location for a sign Is shown, details are provided In Attachment 4d. No other signage Is proposed, 16. GreenbeRa, open space, recreation area or park - location and size. The western half of the property will be left vacant. There Is the possibility that the applicant may wish to add another building for Alzheimer's patients at a future date. When, or if, that data should arrive, an amendment will have to be made to tho existing SUP (should one be granted), and the full public hearing process will be followed, 16. Walls, fences, or screening - location, height, and type. A six (6) wooden privacy fence Is shown along the residential property to the south. 17. Proposed and existing landscaping and screening buffers, A "typical" landscaping plan has been provided (Attachment 8). The proposed typical landscaping would exceed the requirements of the City's Landscaping Ordinance, Additionally, the "typical" landscaping is not specific to the site. The site specific v~ landscaping is short seven trees that would be required by the City's Landscaping And Tree Preservation Ordinance. • The Commission should be aware that as the Issuance of a specific use permit is a zoning action, the request must also be analyzed on the basis of the provisions of the Denton Development Plan, From Appendix A of the Plan; ,..Intensity describes the level of activity generated by a particular development. The Plan calls for Intensity to be measured by the average number of vehicle trips per day per acre (t/d/ga). For example, r a • one acre of commerclailretall development generates an average of 650 Sterling House Page 5 0 trips per day per acre compared to 105 trips per day I Mrti g industrial uses, Intensity analyses and calculations only y to ow intensity areas and the moderate activity centers.,. ,,.Since the average trip generation rates are used to measure the intensity land uses In a particular area, average trip rates are referred to as "intensity trips" and the area is called an "intensity area." The standard methodology for intensity calculation keeps track of the trips generated by existing developments and potential future developments in the various intensity areas,., ...The Plan designates three types of Intensity areas with specific intensity allocatlons In trips per day per acre. Low Intensity areas are allocated 60 t/d/ga. Moderate activity centers are allocated 350 Vd/ga• The major activity centers have no limits on the number of trips generated by land use developments, Accordingly, an analysis of intensity for a development in a major activity center Is not done. The "Big Three" in this analysis are Intensity (proposed generated trips compared to the maximum amount allowed by the Plan), Separation (half mile distance between other non-residential/retail centers), and Concentration (maximum size allowed depending on the type of street accessed). A. Intensity, The subject property c insists of 6.3855 acres according to the final plat of Lot 1, Block 1, Gateway Addition, The maximum allowed Intensity would be 383 intensity trips (6.3655 acres x 60 t/d/ga). The proposed Intensity, calculated on the basis of the use being an Institutional use would be 721 Intensity trips (@ 20,596 square feet/1,000 x 35 trips), Calculating the Intensity as a multifamily residential use would yield a proposed Intensity of 296 trips on the basis of a proposed thirty-seven (37) unit facility (8 trips per unit x 37 units). The Plan defines a multi-family concentration as having a density of twelve (12) units per acre, the proposed density of this facility Is 5.79 units per acre. 0 Unfortunately, the proposed facility does not meet the Intensity standard of the plan, B. Separation, The separation policy is met, as the policy applies to non- residential/retail centers. The proposed use is a residential use, o though not one of a traditional single, two, or multifamily nature. 0 0 Sterling House Page 6 0 13 • ca As" N& C. Concentration o+ri The concentration policy Is met, as this policy also app iei s of non- residentiallretall centers. The proposed use is a residential use, though not of a traditional nature. If a specific request is not consistent with the general policy of proportionate allocation a determination should then be made whether there are planning considerations that would warrant approval of a disproportlonate allocation of intensity. The Planning and Zoning Commission and City Council should co.isider the following items, but are not limited to these items: f. Th9 location of the proposed development In reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities, Public facilities (ten (10) inch water and sixteen (16) inch sewer) are available to the property from Hinkle Drive. Hinkle Drive is classified as a collector level street, There are no drainage facilities associated with the property. Roughly the western half of the property drains to the west, and the eastern half of the property drains to the east and southeast, 2. The topography of the land In the planning area and the proposed development. The topography is largely flat and the eastern half of the property Is wooded. Otherwise, there are no topographic features that would prevent development of the property as proposed. a. The land use In the planning area and surrounding areas. The subject property directly abuts a residential neighborhood (Meadow Ridge). In the past, staff has recommended that a i condition be included for a bufferyard area (Attachment 5 and 6) along property lines abutting residentially developed areas. In • this case, that would be a Class "C" bufferyard, which would involve a six (6) foot wood fence, four (A) canopy rind eight (6) understory trees per every one-hundred lineal feet of bufferyard, and the bufferyard would be fifteen (15) feet in width. There Is a problem with a bufferyard requirement In this case. The i "informal" ^bufferyard rules" specifically prohibit the Installation of f • the bufferyard within utility easements. There Is a sixteen (16) foot utility easement along the southern property line. The • • bufferyard would thus be located within an area between sixteen 1 SLerli.ng [louse Page 7 • d r r Apo* N& Imo _ (16) and thirty-one (31) feet from the property line, enectivuly making the actual bufferyard thirty-one (31) feet wide, and impossible to achieve with the existing utility easement. The easement has no utilities located within It, and can be abandoned to provide a location for a bufferyard should the Council so desire. The Planning and Zoning Commission is not recommending a bufferyard be installed. 4. Other policies, Olversity/Neighborhood Protection Low density residential, small scattered sites of apartments, and nonresidential uses are encouraged In all areas of the City subject to the following limitations; 1) Strict site plan control within 1,608 feet of existing low density residential areas, Developments must maintain the character of the area with architectural design and landscaping, Site plan review and control is being done for this project, 2) Traffic design to ensure that multifamily and nonresidential uses have access to collectors or larger arterials with no direct access through residential streets. The subject property has direct access to Hinkle Drive which Is a collector level street, and there Is no access proposed through any residential streets, 3) The overall density/Intensity standard Is not violated, The project is not consistent with the intensity standard of i the Plan, but it is consistent with the density standard of the Plan. 4) Sufficlent green space, recreational facilfties and diversity of parks are provided, There Is no proposes greenspace, a "typical" landscaping r plan has been submitted, and there are no recreational facilities or parks proposed. • • Sterling House Page 8 0 AN* two 5) Input Into planning by nelghborho councils Is encouraged, This poll Is 1,,LWPR*d 110 generate Input and not veto power. A neighborhood meeting was held on October 27, 1995, which resulted in the "flipped" site plan being recommended by the Commission. Section 35.14,2 Conditions of Approval. A specific use permit shall be Issued f only it all of the following conditions have been found: f. That the specific use will be compatible with and not Injurious to the use and enjoyment of other property nor significantly diminish or Impair property values within the immediate vicinity; I The proposed parking area has been relocated to the north side of the property and a six foot fence will be constructed along the southern property line abutting the existing residential subdivision. A bufferyard can be added at the Commission's discretion, or additional landscaping to offset any other perceived impacts on the neighboring residential property. i Without an appraisal of the impact, it is impossible to know if this facility will diminish or impair property values. Attachment 7 is a listing of values of property within the two hundred (200) foot notification are required by state law. area 2. That the establishment of the specific use will not Impede the j normal and orderly development and Improvement of surrounding f vacant property; There is no evidence that this facility will impede the normal development or Improvement of surrounding vacant property. All access will be off of Hinkle Drive, and there are no connections to any other streets in the area. • 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; These facilities are available. , Sterling House Page 9 aN Q e AM6 Ok 4. The design, location and arrangement of all dr =M=2 spaces provides for the -ate and convenient movement of ve and pedestrian traffic ti ' lout adversely affecting the general public J or adjacent develop us; The number a-. A parking spaces and driveways meets City requirement. 5. That Huate nuisance prevention measures have been or will be takei. to prevent or control offensive odor, fumes, dust, noise and vibration. There Is the possibility of noise and headlight glare from the parking area, and also the possibility of odors from the facility kitchen, 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The lighting proposal meets this requirement, 7. That there Is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The submitted landscaping plan on the site plan is short seven trees required by the City's landscaping ordinance. RECOMMENDATION The Commission recommends approval of the Specific Use Permit and the accompanying site plan subjec to the condition the site plan be amended to show the additional seven trees, for a total of eleven, as per the City's Landscaping, Screening, and Tree Preservation Ordinance. ALTERNATIVES 1. Approve as :ecommended, 2. Approval with additional conditions, 3, Deny. • 4, Postpone consideration. ATTAC_ HMEN,rs 1. Location map. 2. Description of Sterling House Corporation and facility. 3. Site plan. e 4. Site plan detalls, t w a. Vicinity map, Sterling House page 10 • O r' • r~ e b, Prototyplcal site layout, ` c. Durripster gate detail, d. Sign and catch basin detail. e. Gate frame and edge walk detail, f. Curb and wheelstop detail. g. Sidewalk and pole base detail, h, Draln plpe detail, 5. Bufferyard rules. 8. Class "C" bufieryard. 7, Valuation list. 8, Typical iandscaping plan. k I I ~ i I n 1 • f I Sterling House Page 11 j r* r~ • {r *a iR i A-"^crmE^r H ILI WOO L Mi I~ I U r~rara er, 'r m III IV AG SITE 1 _~a o~OC JLJ l _ A r7 t,ooatioa Mai 0 0 OCT-19-1995 ;7:13 FBI ap~gr?L57Et~Ir~ COP. TO 12146924129 P•02 :N.C A. •1.r twat s.rr.,,, t { i STERLING HOUSE CORPORATION A CgMW4* R-Lstory Srvrtntary 3 Sterling Home was fotmded M Wichita, Kansas in 1990 by Mr, Tan Buchman and Mfr. i Steven Vick with a miuioa to serve the seeds of the frail ddeshy tlaoagh the Of quality Assist d Living Residences, The first Sterling Hone i esmenr~ opened in 1991 is August:, Kansas, followed V ,,*e second Stc=ting Houue ltesSdmce opening in 1942 im OLthe, Kaasu. Sine 1992 Stalling House hu i opined an additional 14• rcvi cnccs m Kansas and Oklahoma with a total todayof 161ocadoat,190 rodrviduai voftents, remuntmg over 600 residents, in ad, -tion to these locations opened there a[t: 6 mare rrsd== aode¢ conWUCtioa is KaaW and Oidaison&.repre$=tMS m additiona1216 ? apstrtmmts which will bring the total to oven 700 Sterling House apartamts representing De aly 1,000 liaeased "residents.. e Company PlWosophy The national laderibip is aaAR'cd living of the S How CMCW is based upon ;hc Ph"F&Y a P['os'idit Ow CuStomas the affordable quality mppoMve and hedthcare services they each and to support fl*k ` and ab to • freedom to maintaar control 'over cb age in pltCe, while pravidiog 6..t, Pc ttg tl~ea lifestyle sad cuts Pro them and nddepeaadenee throvgh Srater al tanomy w a more e, Wt support this philosophy by creating buildings and truly for eaivironmgrt amliang ku than 40 nails each, thereby allowing for better 9reu kxdally wed f es dde:ly, t[avd ddstaaCU. Aditou% , our circle pattern for tenant hallway traffic a t atomd interior s "'tY=d, Peandes Vreater W&Tmdmt mobility far [aldertLt and [educcc coafasim ptobdems, M also :flows mare time d5meat use of stag u well as , innovative use of • O ~t spate in each . i These elements to tdw create a more homelike a *WUDeat and foster a rolstionshiP betty= staff and the remdeat unlike indu try span facilit m. • • r CC'T-19-:995 12:34 FRM RJ04Kt✓SrOkjM -O-P. Ma1a M, f AW4S ~E on PS' Sb S crimg Home :uses the hd that many !tail older pas= 4vi6 at home and in aoain j bcildw we not aoWWLRy it ad don't need *UW m oml; are or mecMW qtr as ad around the dodo basis Rrtdws. that people need support scmces, help with do* >crula. In mw instmom the physical baildins sine of the awting bone or the congrepm Richey alone could be a awvsre handicap for the frail adult We also urn the 60 adult who Is no longer Home and for whwa home health has became k y care for themselves in ttacia nova caIIy unfeasible. Staftg House believes that there is a large and growing segmmt within the lout4arm ~we and misted living madcets who degas a anal! intimater homeltal setting that Snows than to age is Y Plm- l m persons arrives sa aai ~ ~tr ind are iearnug dw they can receive gnalioy, . sidemtiat sexing Additionally, the Staling Hone concept Sbt s , won in maaiat area that will not s WPW lute costly Prolats. 4 Development S&atagy Suntiag House targets wbm arems as well as sari-rmg arms, We develop cbmb s of f rcmdes 0 it5at minimal travel dig RAM Which ecooamirs the developmcat and 4mwucd m ~ well as W"Vwt 1mbO Ow management str9ctnm via our m i0naJ, dnuict and site operation maai$tTi TU tmnc of rural s Rims and pocks s of afflue= in urban areas provide regiom 9MCM66 As select well as ecomoaies in cost of operation and providing a broad base of personnel to ~lanogenunt ►Sted* has proven eVertise in a &II range of avabilitieS, in"Ilas Y stndle, D , constneatioq personae!. Smancial and property mamomwat ad mtnicang savxu our p 9jects oon> Weatly perfoem above profit expectations, Ne w" fewerpmomd tmmmer sad are viewed by regulatory agents as exanplaty pmiertr. The cou pzd m of the based base of talent sad expertise within one eompany hat continued to allow Sterling to be more hsmoracvv mad Prevsde faster moonses to c6enpng mrhet needs, fhe tmigue dolls and years of capaiemae of earl membtr of the SWhq tram will calm the eoMmued success of fatare smatims House projects. • z, Indusby Backgrorwd The a dswd living iadmary is a service industry within d w con& m,a of accommodations of the long taan vie industry. Assisted living offers amore a comfaessbte borne &e mviaosw m to no& while poridimg them with servioa tailored to their individbal needs am gealres. e or live i ,av ~ nsy chose m 1 b PrOW . Savyv.. boom r • • in enatpVme and retirerme>!t QM= is Oflen Kited to m a t °e He" Pcuesdpuf praaonS aeeda inreesru they On# seek aloemaWS that provide more c~are As a as mmood tiring or alnW morning thd>rtim. Assiwd ve :a Uvm& becama of its retida=W and tv f7~T-S8-19~J5 1'd'35 FTd?4 91 }fi►i)YSTET~IfYifT1P, ••""'~`'''"'^"+ave AQMlIB t~ll.......w.,.vr..w...,r...w.:.-...s+r iYS SUPPOrt of the rCStdxats AStndeItem , . a choice ability to Maintain Control o%= btaEeaniex segment of our popaluioa....~« ASS ROUSe Wsi$W kvaiapovides residenu rhea own apattm d, iacZtsdirtg prirde $ad iaclzM locking door, CO system, Lwarg and SICCP g amts, eioaet, and individual wnperg r eoalrd A typical Sterling Home coruatns 26-40 qWftengs, cmion &,,4 roam, ltitchM eommcn Irving m*c% LW2NkY, aatiivitY room, TV area, interior outdoor courtyard, salan, offices, as will as ad r sitting wad gathaing areas for the support of the Wise of commoaity. All desri,. frSwes we MWasdaily W+ca{ed and decorated to create, a very hotarlilce wtmospbere. Building la)uz are specif"RY dexigaed to Minimize confusion and facilitate residents abilities to indepeodez* "vigate tip way are=& The prbmary ma&ct for &"isted living is for persons 65 aid ova with the average age between 83 and 87. According to the US Census Swvxn, between 1980 and 1950 the general popwatim of the United Sturm ioueased lo°/. while the nuruber of persoru 65 and over b=Mcd 24,3°/.. Th,: population group 75 and older is expected to grow by 26.2% ova tLe neat decade, Thee group of pe hsftg rsons ova 85 which maker up r)e targest percentage of long term care residents, is we of the gmwiag segmaits of the'populstion, with an expected increase from 3 million in 1990 td 4.5 million by the year 2000. Approxiaiatety 24% of thoso over 85 reside in long tear are ft6 i*s. Anodw f ctor influencing the growth of assisted living is the cost effectiveness comparrcd to other forms of long term can. According to the 1993 Lang Term Care Edition of Manion Xtrrel Dow Managed Can Digest, the awmal cw for nursing facility cart throughow the United Stftes } dmmg 1992 averaged approximately $32,000. Comparatively, the rvenge annual cost for a resident of t Sterling House is apprmdmately 520;000, in rmotmt consistent with nation everages. In moss every market Steding House is in, the cost is between 25 to 40% less tbm the oost of semi private am=& facility rtes. Consurnm, faced with ever incasing health care costa are eager to take advmitage of assisted hViag cost savings, State governments view assisted living as a viable option to help rottace the public cost of subsidized Iang term care prosper, In Katuas for instance the states long tmm'care expendiiurm is 1993 were S197 =1ion. That cast if no chzaga are made to fund shemate placrmcsus to reduce the taxi ng faality cosh, the total mtperdittau will exceed $445 million twice the cost today. Kant, musing home °0=4mvicy r0cl are approxnaNely 91% aid stair Studies show that up to 30°A of those residents carrendy in nursing facilities could be adequately cared for in othu semngs, if they were svaalable. A number of other hicton have Whwnced the interest in and the developm= of Assisted e Living. Home and eommualty based ssaviees have proliferated over the last ten years, resching in new aecsptahte modalities ofea ing for chronically disabled individoah, Consumers as well as thin in the hwLth care profaaian hwe tanned that quality health ewe can. be rwcmdwjy delivered wilhout being in an iristiootiiacal rgisnen.ted Secant Supportive bang has also developed with public and private iodependea housing providers who have found that people, %age in place' and require Wirers Supportive Pasanal sarvias long before they beeme cbronially ill- Aub%omy, itndtePendeaoe and padcipadon in decidonmaliq about one's own life acarvitia ad are modalities ~ r a am trapoeoat eontptooe t of AWAad Living: These compoaaats sus Assisted Living piriloso*Ully Apart &M otbtraa idwat setvlocs and programs that use based mare an the medial model of are. s • • OCT-15-1995' 12+76 FK XJD4*#*"TE IWj CO'P. V T9 AIM1e Me. AnAabaedMoft oftare 1 D1M ~ Why Assisted Living? LvJ Ran An mmbar of heroes hm iailoeacod the ierrrasI in sod tide developimeat of Assisted Liviog. The mca =wd, anmoben of "SeMNS The Sund"dt" &ubleQ older people, a ooncem dsst at a udw we have we developed a full awry of I n $ team cave urvics settio js, public dgmwA sad prsd'erence, ad mcrawS public sad private INS term MM Opca&A res }rave all eownVa ted to the hesghtm ' ioO"9 is Assisted Livic& In addition, tome sad commrmity baled exavice s have proliferated ova the but tea yap, result v j is asw acceptable xw&btia of ON* for cbraaially dimbled iodhiduls. Coammen as well as thou iQ the bealth tyre pre£esd a lava k*med that qudity health care ca be aceessfully delivered wgbm being in = ias>atr:boml settmt SupPord" houi8 lies also "aped with bodt public ad pnvau inde0mdeat hauiq provides vvbo have found that paopk 'age m plue, W rem Doors s~+partive pa'sosW umea load before they become chroalcally a Antonaay, oedepau{eaoe and pc*ipadon is decisioa maldq about oar's own life activities and care modaWes we nlpatsat eompaaeats of Assisted Lvm& Thew wmponears ter ` Amsted L.ivalg pkloeoplsscatly apart from other trsdibaad services sad propanu that are based acme on Ow medial model of are. What Is Assisted Living Ahiiouale there ors MW ftm&rrts that MOM sp and d far duAMd Inft Arne ate Several COVO -W that dtsr VISh h as a unfgve approach to ureiors baa*W and kne serrri c+ae. • pkMOSOFhY As"ed L;ivi * is a ra' kwirlal. &VIIIng model of can dat supports each M60eat'3 PdV!'. bM4WhdOW*, Dtly*y, Choices, IRkwdudity, sad their &Mty to age inplaoe . 4 Lh* is a model of cane driven by the pnncipit of coustr & aw onort, and cbioc. The model • ate sstsmmes t6et mideott thdoW love toe freedom to choose the type sod smormr of wvkes' ♦ + OW ace thry M"i" as WOO as tame COMM) trover the Ievtl ofAlia scoompsnyinj ft. Sav*L The a&& =&psada* es who needed, wdh the jludeoca o[ 6ismily, coKmdor of eboice, or Peslmd *=kk >iboald bave the opportWty to anxwre !hair Ion tam use in ~ i e Q WT-19-1995 12136 FWM I,Ip'04*LeSTMj G a". AWN ft mss dwy choom to adatrriamg a spirit of coesmma r pralm% service seeds am the redden mi n""t 00= SvItibw sod a pin of me is "Iop&.L The On of ate mwrpora0[s tis]a and the ~ rapM214tia for the ecos~r, heir informal supped and the provide. 'V 71" mndd rsprewnts a snbft" Pw%diget shift m Gras tam are thb &xg sad apprascbes Utsdrde+oai long tm aro hu "=By adopted a mediw pro cam mode! is which the t ia~ is !Dllft s mole P a ttSip= of care m f oiloM. tladcrsam tht ~y~E the creation o; the affordabW of; ad the v ~ 0hmwY coarser support cad sotxptaoce of assisted li'* is critical to its success. Ass! AW living is not a m*veUMj model for slflhled MM* £uilides. Asaistod livmgjls a dtsdactly d'ffaent cesaplemaal to the overall coatis um of long term care tiviag saves as m option to the smv4zg older oPms• Assisted population who, if Do svcb aiLem:3ive is avai}41e, 'WW most oertsialy ovav4bdm the capacity of the narsing home mdn3by'a ab ihty to provide enough cgwity at a anal the public and the com=U am afford. Efforts to 'kvd the plcymA field' among long Mena are providers serving simihar msidew pmaka wilt reach is over 1 moors, of the assisted living product, mwtmg in Ness ooasmmer aoaepaiu, and Most mnai * w w raise rise coat of tong term care in Kmsas, f Design The assisted living phawa by of are it based an the premise that the care setting is the resi cogs hoaoo. wa feamm sacs: as rtj&m W sca}ed spaces, pn,4b gpszftmb with doors, In* Arta, bairoom ata, Pavn* bal% individual umpaw ate ceatrob, cad food t pravW--' a arms, "Iewed Nug is vitrwrod as the resideaCs home, Of whieh they rMive services. nw nodd of sssistod living relies on the principle Ow the unit is bsdeed the home of the tes1 d1 and these design damestti are aidcal to the im on of the Assisted LjvASg pitilomphick • Ommift mall pdvsar aparbnenot is,jaet the first step is ao wising the envk nm m and mai®g ' it r bame• Having the are of ones awn possessions in s spree that tpproaiaaa the fesme,es l al how is eoeofoct ims stimalatiog, cad odemcag P!sivsre ti"ni VW41S rapport iodepmdeaee by the deup of a private baelnoam wbm& pr&rides r MU A A ww. Smb bats, raiud pocks seat, r and as amastacy • tsdl sytmem This provides the ruident the ability to control their o.va schedule as r4ei! AS ~ r • e my ironmeat face from k6msi on and tembarnssmeut of conducting them ftwtkm in the J presence of strangers waiting for the sane space, Other katatu iaclade speeia! PUt4=wof issdtividrssl coD•'~ boos, and swiycba cad docuicw { 2G. e 0 • e~ 0 OCT-18-1995 412:37 Fsxn t3l►4~rFw5TFRlre; eves. ~rMFdeNs, t214e9Q4229 P.@7 1 Apende Item vices, accessible to bw paww to sappoet their, Food peon areas are provided inck&q a d* err Mairnt". raw oomtter top, and exhinet atoiap all in s residential type matrwjal gad style dux glow resW" A k mere mdepmdeat confidnaee by being We to sail ft*rhria or host Smily and guests in urea-! ham aid exhg* paatiaipgtion in g cask that for may has brought t lifetime of pl rice aed Pa& ' The &S"ty iahsreat m this luvaomnent offers residents aniepee ppppRpm to area e saeaaiag8ll to>~nmity roles within the liWt5 of their capacities. The expanded oomimumrty i Wam provided fardhWa to dships geed enhances social contact:. With less rtsponsx7eilitlr for how WCPM& hecm*y gad coolda& reddents with impaired eapaeib= can have many opportmmaes for social CaM4 tnionthip and pleasure. 1 Servkes There arm four categolies-0f seaviees { typtaJly prOViele~ i4 as astiated living envsontsy~ j Hotel or " H*Vita services; Meals (3 per day intladmE speceal 4CUt housekeeping, tranvorution, eft.; ' Pessamal are: Assurance in walkag, transferring from bed to +ah:ir, bathing, and other ; services affecting hocoosW Ability; 1 ' Routine A?tasiag sere om Nonsontmuous (ie. not yt hags per day for as ackndW j "Wily atte time patio ,stifled amsing care (e.g. Ns, side care); Spacw are; Serviceeoordiatb assessment of f nabs, moaitormg individeytl pin of I t VVwt tad dMges is needs, access to specialty providers tad behaviors] masgmunti i The w at of gstistr~ kivi * should be to provide services to a wh residwA band on ' iadtividnal needs gad desiaes. Shvius ate "wsbundled- and &hvy is based on the We& of 8& • nddent owk to idenes total needs (ice famajoaal sakvida of daily living, Mcholopearl SDCW' gad ewdongl, as well as the ability to perform ins" MMW activities of drily livisra,tech at tt' b0ama meal propagate and shopping) are assessed upon easy gad Paiodticafly or as i W*ded thereafter. Ace aaviee plan ii devrlopeed sod aegodsted wills the re ddem' (aM&Or ressdtot reprttaentatm) tad the provider ucordingty, This process of negadapan i ® + and regally an a xVW contrad or agreernat specify* the plan of save r • • btxareea the veddeal and drt provider(s) a to who is respo aNg for wha; in la in *Wg6 S dwor resident family. This proei n provides eo a:eetletnt method for providioreg the highest 9aawy# CM wSth the netM eestWent I.nd iaf nW rapport and awaoemy poadble, • 0 0 c, 0 ocr-10-19s 121-37 FRCh RQ4N*VSTtrji C CtCPF, to IDEFINMONS OF TER JIM - + ASSISTED LIMN ACIAlOtNPJ--A i ~ 7be groom by which a pawn ebooses to remain in hitter living emireemea4 despite the ~ peal for mental decline that mty occur with tbt AgM8 Process. a For fitint as to oom. needed semcas an added, increased or adjusted to compftaft for the and/or mental deehoe of the xidiviatlsl. PANA Psnvidaa the iodividoal a Plw* as seclusion frozn waapeay or ancrvaiom, not shared extept by choice WIM the Plaid= is bee from uneuthoazed inntttiom Pavacy Abould include both Amy and visual eoooponcats, as well as protection of personal information ( is DIG~VJ7P Pro%idmS support is a In um" that validates the uhf worth and mums the spirit o~ the u ttvidoal. Delivvems sd%wu in a manner whirls shawl rourwy and szspea for it resiuds mdepeadsmce and tip to make denim= that may not be abwhuely c:ousistrat with ooz y Creating viAle options to eaabit the mdividtW the oppwoimity to make infasmed choices cm mb* 48 eepeofs of their lift sdcb as type of settias, needs and pre&resca for Wyk patsar;s, and primft spaces. Choice is provided in a way which allows the imdivi to exereim ssater control over their lives, Sappating 9x ruidcab c4mbslit a and bcOhmins use of tboee abiiities by pmvid* services appeoptbtete to the 6tdciidnd's soigne steeds and prdereaccs. Homing the m dells fte4ft mad imividoaL ability to make dewiom resar&% lifestyle and savmes ~1~11~L(ZY ~ 0 s p w* &tmkmk= of each individual and having the flaxibwty to argaeizc sarviar f is rapoose to pat'tkuW needs and preferences. gQ~tlll~tlYi~Di116fEx►y' ' ~t } A hiv}sts etari oa atetat residmul in weak, desiok and Anxi gs which asks i. sapP"fr4 of the residents prekmd lifestyle. Common areas anaftmosOm j eommm* a d ea social i which flop a weac~ of 0 0 c s so maaaeoort with fss* and others as wea as t e sunmeimg Y ?M di6 servica is a aaaaer which recosies that home is a p1ac an mddvidtsal exualua control over ones tide. r • twz • acr-to-t9ss «:ae ~crt ~.e.r.ew-. , tAi~ ra m M06 tact Udwary of deseeb in A NORMAL ASSISTED LIVING ENVIRONMENT I i • urea with adatptate *a" for ptivae be* food #arwpnw=iO y dftpieg and ~ i. K VV* ar"L fj F.oaloAta doers, d ~pararure tafttrohl tt~allbo~tq, pgyp~( i 3. Cody aPue and Va" to m vpott pravisioa needed tnw t 1 e A rnidatW approach to 0O=W&ftM WW tiuniW. js. 1 1 S Iodieietd coa&d of we*" to persoml SPUS. tS ~ratiortal Po$cia which reaped preferred 4f atyler is terms of ' tmd aotivWas which ocarr is their persooai *W, 7. A seow of ooo where respect for the iW"dum, and the t t. A "am of aeatsrty where Con== ~A erne io ba ae, 9• A cease of b"** whtre o about S&* ire adequately but trot over ad* dreaed ~ PPwm' yea adst for naideau to become aeatiowa rtes dut SUMMARY OF ASSJUMD LIMO, i MILOSOPHY CONCEP'T'S Air"W fir tie AnbW lJrh9IrecMdu A.. Lfja itAmmyy (A UAA) offeriag qU& CM that is petsooalized to the resid=ts needs i ' Poste kdqmWeam for Each resident ' Trestit~ each tesidtiat,Wkh dW* artd rya both in Pl~ treatatent and at p0j* i the Miry etad atttonoray of each resi&W t ' At OwilIS Cwh reWft choices in care and life style E P'roteetins each rawmes r4o to privacy j • N"Wing rho sPult of Each resident plaartinl and imitation ' ' Ptovidcta a We f home-LICE eaves M ikmg the As listed Living residence z valttab[e comomtmity ssset i f i r r 4 • ~a POOR QUALITY DMUmZN!r ~Ln11AL ~w~u W ~A NJ .r R wow ~f j y' ~T I T T.F f i' f MOM, w *WPM W / p . I fq~all. ~ Ma /M oe 46 IN 1 L II wor-Oro p MOM& wiv n4. 7-mw Lm7-Lw 2nl7=L7:: S • MLOM 7w . sw~ rFs wra war wrrMr►r DENTON, TEXAS SITE LAYOUT A, ;t • u I WINDSOR DWA NORTNRIOOE WINDSOR ORh/E SITE - _ MAONDIJA D N MfMOSA NEAOLEE MEADOW "K STRATA DR. i A RN NAOQARD LN. 6RE INBRIAR • _ TUTANE r ~ i i AMMEI pI _ I • O W. UMVt11ST1Y ORiVE3 U1 300 C7 i ; --1 eo VICINITY MAP ~>.•r'.Wy WWb:YiM.Wr~ea rev... „ I e V1 "WA Poo o, ozi Lo"I'm OP M 4 a I I •-IIF/ ~I I I I M610MM1 n»oa9, wrrr I • ,au M 94 ~e~ I f9 I 'f~/r/ ~IOR1 I I ~ I r- ' I roa, wunil t trour N I ~ I I ! J+ I I ( ' NMIN ti.eo,9 eH, . wr ~ I . I Apo fie I Q ` ~ ~ , 9rr,wr~r I N ~ Mr, M~~ rye ~ ~ a IO u 00 ML I w,N, ^ t PRQTOrTYPICAL SITE LAYOUT a. i I CI . 1. I' p?'~74c~'+pylf~iT %woo I ' 40 r T - - 9 r - i j 1 I 1 I • k w. an. I t I P!WW'CX 1 I I i !'A1RJ T I 1 I 1 N GLI Va' fn. f 1 1 1 e I I ov I 1 1 1 I I ; wamw SANK ' x ' I I 1 GWAR ) 1 1 I FDCE "T I tam mmirt I A I f ~ " L tx J_J cc W~ hL*s luyva tJr r - - - a vt'• Plr[ K Q sn,Mn~eiwwa 1 ~v sn, woo ' 1 I 4 It • ~ N WZ NZ *4446TERLING IlINlOI d spa E n Darnell Mann PA au. TtZ~ , r I t I~:. a • ATr*4o y CAST "M UMWM A Annorr, . rfiT WWO N'Ml . PAM WALL OSTAIN a • M~ ERL N f W TALL LlTrtlr TALL L LETT Z A4~ L ~ f» I !/f' TILL L ICTTlIb LIS 6 ~ 6 am "T6 • fAGI PO. OLRY N 01~pUi) 4'~N'. fn1A1! " _ "IW I'll $Lim-w AS KN. C4 00#4=OR kA" :TQFtjDm ~~M PMvm ~W ON. v, FDY DR" YOO MAN &A&N v o a 1p OMAdN4rt CAMAMLLO, CA JJJ]I H~ ~m TERLTNG A U u 8 E f Yt Darnag Mann PA s P I , it ~ 5 • cs • Arrgc me r 111. _ t' spa Immo- ow r W a ANGLE "toe u~ off` lOL1 7 N , TREATED W ` W. NAILER Enoo IN:pm+ y~ E a~ z W~ M' r,MErrN~tEa YAYLTC 4'ATE EOOYLK AIP "T PAHtl i' f"AC7m Wo 0.,E law -L= M I Iw~l l= 1=i y 1 4 TERLING H 0 U S E Il Darnell Mann PA .o 3 p • Q I Aft o~ - h' TO AtPV1ALTIC nJ r WaleraKrAL aaEE s,rAwuw joaT ZF. s' ecs~c, ate w. lot tuea soot I= 19 ASM"00 PA : 'r 0 TOTAL TO SOLE 1t16T . -II I I- I I T I ~ I Nv Wd iuo D'jV L. 1'7lCI1T G011blTL 0 '1 C•1' 6• 7j! j-. !U V CpR. O mm OF PAVIPINT TOTAL TfOO04M To WC" ~ ^ ~CRI4DATIp1, 1 1J~~ 4. 1 TMW "CELS10P J PA'T 49 ~TERLINGa H:' M U a E usraiKrwvn~ Oat"N Mann PA sp(D ■.ww• .wr • I_ c> v Amman mew ~ M1~ F pr ,z , s' carara r•m»a A W aROgY NNW 6K "M NANU4 A 1WW 61l~O! WOTN VAN U MPD MO-GAW LAY PL.Mf ~ .f WE- CCWtPWL JO►R* TO NNE MKED POOR ram ON COMIR EPAN66CH JOWS LOC MD At 1W ON R~.t ruxtvt OR AS M10rN ANO H~ f W w 0 F ~ r eu.o,w > ,RIB M W~I~W Y ft-ft" . ~ SRN, ~itl e WLl~ fG borM. NIl X41 W rw~ww ~aa ° ~ • 0 ~TERLING H O O S E n Dirndl Mvw PA SPO f 0 1 A Q n A hap Apo No a* rH nE o GTAO KOO Dowdro t CH km ALIOM Iq?O Pool= ON oBACK i' OTAIOTP QOO *70 . r OIOPC dRDAYLlow em vw z 1 f• OTMgr cum . O!i OBAL fNb OL on GOO TO .4.LOY ICI! DIUN PM7 Q DA~ pvc W IQ 31 . PVC oTeAU N!7 TC y W ?o~raroaw+q HL Nd S"T LING 'd s e uTeaAUT.wTCn .r+; ~w u~yhpum. PA SPO r r r A p ~1 1 }U l 11 I1 S 1 1 UMMUARD R n tti s ANsar ~ NMa Treea, fences or walls sham not be installed with a "HIS Shan be permitted within easement: designated for storm s Ovate TIC" under tiro foikwvlnS toeditioi : drainap The drainage easement than be open, as opposed to enclosed, The Proper tree: Of wails shag not conflict with the Purpose or function of the drainage easemeaL B. At least r*y (SO) percent of an canopy tree:, '"*"*q tree:, and aft (SO) Percent of an shrubs used taunt) be levergreeso C An bulreryard plantings must be autorwtka resd*available water source, as determined nY Sated, or have another by the Building 0fBcjl, D. When the width of butfaryards A throuSh F it Increased Percent, the fence/wan requirement is enminatInc and the number 3MWfive rye (75) revero to the minimum requirement Plants F. When a bufleryard width Is Increased the reduced. However, the required plants in each eater of required plants Is below 30% of the minimum requirement call rtcver be reduced F Vehkte Pw" is allowed in buRe property Um ryards 41uPt within tea (10) leer of the fen" or wall, go Par Idinng spaces must are be is a bufteryard that has 00 feet at time of plaatirrg, by evetVetn ~ti~ned to a beight 0( tiour P berme, I - G 3 . ifth *LOW. At time of installation, the mioWum size The mWat;rm site 1' lice it two (2) minimum site shrub tree is one and onahalt (1) eachr permeable area available &W to ~h Aj, Pmts mugt have tuba! 1 1 S \7 11y~)i it ~','~,}~}~b~~;~~J Fi`S ~,w~"~I,, <s ' • a , • BUFFERYARD ; M' PLO. EaN 6' WOOD FENCE, 4 CANopy 8 EACH WIDTH EXPANSION :UNDERSTORY 3% FEWER PLANT'S 21 53. ~ f .r~ fit iAP~1 lv Y,f~L ~T~A~t1tilEwr 7 GATEWAY ADDITION tMAILING LIST LOT TRACT R1► SITUS OWNER ABSTRACT 31 2500 HWde Dc EV Lutheran Good Samaritan 58 173401 e1o Denton Good Samaritan V. 2500 Hinkle Dr, Denton, TX, 76201 2601 Hinkle Rayzor Inv. LTD 61 34352 1244 W. University Dr, Ste 400 $115 a ~'1 Denton, TX, 76201 62 34354 1318 HWde City of Denton 63 34347 1340 Haggard City of Denton 74 City of Denton ::T 75 City of Denton MEADOW RIDGE ADDITION BLOCK k 1215 Meadow Ridge Janice 0, Bally 1 l8 115292 950 Laguna Dr. $86,750 Coppell, TX. 75219 1213 Leta M. McKay 2 19 115294 1213 Meadow Ridge Dr. $84,161 Denton, TX. 76201 1211 Etna Roberson 3 17 1152% 1211 Meadow Ridge Dr, $85,613 Denton, TX. 76201 • 1209 Shirley Galloway 4 16 115298 1209 Meadow Ridge Dr, $81,410 Denton, TX, 76201 1207 0lgie, U. Dodson 5 15 115300 1207 Meadow Ridge Dr, • $78,232 DEnton, TX, 76201 , • • a 1205 Meadow Ridge E I, MIIJer 6 14 115302 1009 Masch Branch Rd. $10,031 Denton, TX, 76207 ~f _ 0 r' 0 0 t\ • LOT TRACT R8 S1TUS > 1203 Meadow Ridge 'k 7 13 115303 1203 Mea owl' $79,919 Denton, TX. 76201 r 1201 " lean D. Frank i3 8 12 115305 1201 Meadow Ridge DR. $78,517 Denton, TX. 76201 BLOCK 2 ' 1214 Meadow Ridge Dempsey & Patricia Cozby 1 1 l 115307 1214 Meadow Ridge Ln. $79,461 Denton, TX. 76201 1212 William M. McMurtry t2 9 115308 1212 Medow Ridge Dr. $80,501 Denton, TX. 76201 1210 Robert B. Curry t; 3 3 115310 1210 Meadow Ridge Dr, 11 ;$92 ,968 Denton, TX. 76201 1208 W.A. Hardesty 4 4 1 I5313 513 W. Windsor Dr, 589,995 Denton, TX. 76207 e 1206 " ' Jim H. leweiling S S 115315 Rt 2 Box 278 $9,898 Argyle, TX, 76226 1204 " Harold A. McFarling 6 6 115316 1204 Meadow Ridge Dr. $79,736 Denton, TX. 76201 1202 Velma G. Raley 7 7 115318 1202 Meadow Ridge Dr. $64,884 Denton, TX. 76201 1200 Judith M. Garber • 8 8 115320 1200 Meadow Ridge Dr. $76,792 Denton, TX. 76201 GATEWAY ADDITION , a Hinkle Dr. GWBM Inc. • 174984 D/BIA Gateway Baptist Church a. , • • P,O, Box 2774 „ f 0`J ioa cj Denton. TX. 76202 r.: to . c, 0 r POOR QUALITY DOCUMENT OM;A J i . - teorea sti< ,a4rs:,azc:-s I Iw ...Ypl.lrww rr~Iw4W I ~ i t I I ' aa. r~r.;»rwnr+:c+,r•r ■ ~'p.'~I.Si.L7fYCtA4.^ G / - / I n~j 14 um-Erz ~r w ~ i - - • _ L1. ~ ~ ~ ~ ~ ~ ~ r r w. r r r ~ ~ h ~1A~ H.AWf11! bff4 • ~ ~ r ~ ...JRAI{i!„r Y t • ; PROTOVYPS PLbhNTWO PLO.., r., LP-1 ~ ~,rt` tffRY+Rw ~►Mrfwru ~ 1rNUn ~ ~ w,rn~n ? .._i~,~ S c t~ 0 R 0 0 . ,e +4tids No. rt• AwAk ft m DAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE t' PERMIT TO OPERATE A NURSING HOME OR RESIDENCE HOME FOR AGED (ASSIS- TED LIVING FACILITY) ON 6.3855 ACRES LOCATED ON THE WEST SIDE OP HINKLE ROAD, APPROXIMATELY ONE HUNDRED FEET NORTH OF MEADOW RIDGE DRIVE, PLATTFD Af' LOT 1, BLOCK 1, OF THE GATEWAY ADDITION, AND CURRENTLY ZONED UNDER THE AGRICULTURAL (A) ZONING DISTRICT CLASSI- FICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. t '4 I WHEREAS, the Sterling House Corporation initiated a request for a Specific Use Permit for a Nursing Home or Residence Home for Aged (Assisted Living Facility) on 6,8355 acres of land described as Lot 1, Block 1, of the Gateway Addition, and currently zoned ' under the Agricultural (A) zoning district classification and use v designation; and WHEREAS, on November 8, 1995, the Planning and Zoning Commis- sion recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plant and , WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City council finds that all of the following conditions exist: r 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor rF' significantly diminish or impair property values within the immediate vicinity; h 2. That. the establishment of the specific use will not impede the normal and orderly development and improvement y of surrounding vacant propertyl 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arzungement of all briveways and parking spaces provides for the safe and convenient E; e movement c~f vehicular and pedestrian traffic without adversely affecting the gnneral public or adjacent ' O developments)' I 5. That adequate nuisance prevention measures have been or i will be taken to prevent or control offensive odor, s fumes, dust, noise and vibration) a 9cnda~k. ~VpMJda ItRA Opt 61 That directional lighting will be provideol so as not to disturb or adversely affect neighboring p.opertiao) and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent propertyl NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That specific use permit 8-206 to operate a Nursing Home or Residence Home for Aged (Assisted Living Facility) is granted to the Sterling House Corporation for a 6,3655 a., e tract of land platted as Lot 1, Block 1, of the Gateway Addition, as per the site plan attached hereto, approved and incorporated herein as Exhibit A. SECTION II. That the City's official zoning map is hereby amended to reference the this permit. 2ZQTIg1 TIT, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 0uC,1QN Iy. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 19951 • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTEIS, CITY SECRETARY p BY:- - w PAGE 2 I 1 • M Apl~ ~ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY B J • 3 PAGE 3 1 • Sf f , • a t l , 1 i i i f Z t t ' atw NiNw w ~ y *POP A~tuML W31 4" f loo~ L f o«.»~ir\ ' BLOCK f _ a \ b 6.3855 AC nrta■a/~nw / mfu M n, w N Mttt(w ■M.01' N ■ ~JN~I~! . a a wMal ~ _ 7Lpp 71 pY■ Ippry7■N .w~.rw hPOI 11■D •a RIVILDPAWWI NE-'_L~ NOV 18 }~grj r _ ca • A M TI-r, 1V 1 P&Z Minutes Or♦M November 8, 1995 Page 2 111. Hold a public hearing and consider the Specific Use Permit for Sterling House, an "assisted care facility", located on Lot 1, Block 1 of the Gateway Addition. The subject property Is located on the west side of Hinkle Drive, approximately 100 feet north of Meadow Ridge Drive. The subject property consists of 6.3855 al, es and Is in the Agricultural (A) zoning district. Ms. Russell read the procedure for the public hearing and opened the public hearing. Mr. Reeves: As you recall we had a public hearing on this item at your last meeting. The applicants have meet with the neighborhood and they have agreed to flip their site plan, The parking lot is now on the north side of the building. Apparently at the neighborhood meeting this was acceptable to everyone. The only issue that needs to be decided on is the landscaping. I need to correct an Item in my staff report, I miss calculated the number of trees that are required. Instead of four trees there will actually need to be eleven trees. 1 apologize for the error. When they come in to get their permits they will be required to show seven more trees on their site plan. Ms. Russell: Are there any questions for Mr. Reeves? Mr. Robbins: Do you know how many trees are in the landscape plan that they proposed? Mr. Reeves: Actually I think it is close to thirteen, Mr. Robbins: t guess then that your recommendation would be to accept their landscape plan, Mr. Reeves: Yes, Mr. Cochran: Are there already trees on that lot? • Mr. Reeves: The eastern end of it is, The side closest to Hinkle does have some trees. Certainly they can use existing trees to count towards the number of trees that they are required to have. Ms. Russell: Would the petitioner care to speak? Mr. Dan Gassett: My name is Dan Gassett and I live a(7112 Northwest 30th, Oklahoma City. I am representing Sterling House Corporation out of Wichita, Kansas, We have revised our site plan and met with the neighborhood. In regards to the. landscape ordinance j\: • • Apende~ ` 1. P&Z Minutes ApnNsa Ntnr t:! i November S, 1995 DO V Page 3 ttS A fr that Walter brought up, we will comply with any ordinance that you require. We want to save all of the trees that we possibly can. However we are in compliance with the ordinance on our second drawing that was submitted for a I:,, dscape plan. k Mr. Cochran: I would like to thank yo,t for ;wing back and working with the neighbors. K I would like to encourage you to took at the side yard that is near the Meadow Ridge { Addition and to try to save any vegetation that is there. r i Mr. Gassew We are going to save all that we can, Just because it is not shown there it is shown on the landscaping plan. We are not going to cut down Oak trees that are beautiful, if they are scrub mesquites and they won't be real attractive then we will cut them down. We will have the site looking very nice. Ms. Russell: Your landscaping was a little more elaborate on the drawing that we saw last time. Would you have any objection to . , . Mr. Gassett: What was shown was our prototypical type that our architect sent that had been drawn long ago. We draw them site specific but Walter needed something in his file for landscaping. We will meet your ordinances when we so our site specific landscape plan. We will be spending between eighteen and twenty thousand dollars for landscaping. It is going to be a very nice looking project. Ms. Russell: You are going to try to preserve as much as possible? Mr. Gassett: Yes. Ms. Russell: Is there anyone to speak in favor of the petition? Mr. William McMurtry: I am William McMurtry and I live at 1212 Meadow Ridge. I think that I speak for all of my fellow homeowners there. We support this proposal with the flipped site plan. We appreciate Mr. Gasseit and the Sterling House Corporation accommodating us on this. Ms. Russell: Is there anyone else to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final comments from staff? We would certainly like to thank the petitioner for taking the time to meet with the • • neighbors, Mr. Reeves: We are on schedule for meeting with the City Council on the 21st. t • w • 4. F } P&Z Minutes t i November 8, 1995 p Page 4 F Mr, Moreno; What will happen with the utility easement along the southern edge of this site? Mr. Reeves: There are no utilities In that easement and it will remaln there unless somebody wants to abandon It. Mr. Cochran: I have a question for Mr. Yost. Are there any Mesquite trees there? Mr. Yost: There are Honey Locust and Black Locust but most of them are Mesquite. Mr. Powell: 1 move that we approve the Specific Use Permit for the Sterling House Coiporation. Mr. Cochran: I'll second, Ms. Russell; Any discussion? All in favor of the motion please raise your right hand. Opposed same sign, Approved. (7-0) IV. Hold a public hearing and consider rezoning Planned Development No. I to General Retail with conditions (OR-c). The approximately 23.9 acre site Is located on the north side of University Drive (Hwy. 380) approximately 1,100 feet east of Bonnle Brae. Mr. Robbins: We have made notice of the public hearing so if there are Individuals that would like to speak tonight then I think that would be appropriate. The staff is going to recommend that rather than make a staff presentation, unless you would like to gel the background on it, that you not consider this item tonight. We are in the process of reviewing this with our legal consultant and he has raised some legal issues associated with the MXD bufferyard rule that are part of this recommendation, { • Mr. Jones: I would rather wait on the staff report until they have it sorted out. Mr. Powell: 1 move to postpone this issue. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All In favor please raise your right hand. Opposed same sign, Approved, (7-0) „ n c, { r DENTON oooooaaoooaoQQ o CS O Q o cz] l ~ O 0 °oooo ~ oooo° 1, anoaa CITY COUNCIL ~ 4~~ a , AW* CITY COUNCIL REPORT LE =262== TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager DATE: November 21, 1995 SUBJECT: Variance to Section 34.114(17) of the Code of Ordinances for the proposed Clampltt addition. RECOMMENDATION: P&Z recommends approval SUMMARY: If approved, sidewalks would not be built along 319 feet of FM 2164 (Locust) Street in a 3 lot subdivision 2 miles north of Cooper Glen subdivision in Denton's ET). BACKGROUND: See attached memorandum, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owner, • FISCAL IMPACT: None. i RESPECTFU LY SUBMITTED: i Lloyd "V! Harrell, City Manager i yy}}~~ - , • I City Council Report Page 2 Prepared by: G. Owen Yost, SL Urban Plannef Approved: r~ ~ Frank II. Robbins, A3CP Director of Planning and Development i AXXOW91 i 0 0: + °J d i 5 ,1 c • L_ MEMORANDUM DATE: November 21, 1995 TO: Mayor and Members of the City Council FROM: Planning, and Zoning Commission SUBJECT: Sidewalk Variance for Proposed Clampitt Addition Betty Ciampilt, purchaser of 10 acres of property on the east side of North Locust Street (FM 2164), approximately two miles north of Cooper Glen Subdivision, has applied for a variance of section 34-114 (17) of the City of Denton Code of Ordinances. Paragraph (b) of that section requires that the developer install sidewalk along one side of all perimeter roads. In this case the perimeter road would be North Locust Street. The app!icant proposes to subdivide the property into three lots for single family residential use and proposes no sidewalk. There is 319 feet of frontage on the property so the cost of the proposed sidewalk would he approximately $2,550. This is ubuut $850 per lot. The applicant has applied for an "exaction" variance based upon reasonable nexus. The City Council may grant the variance if the following criteria is met. Where the commission finds that the imposition of any development exaction pursuant to theses regulations exceeds any.reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such » excess, to the City Council. The Planning and Zoning Commission recommends that the variance he granted, since the I projected cost exceeds any reasonable benefit, Options: • • • 1. Deny the variance; requirement has a reasonable connection benefit to development, „j 2. Approve variance; requirement has no reasonable connection/benefit to development. j nxxcsrac l~ • r AO* Own awe..---~-•'-'.."' H S06CAT Ap SITE ~I ~ ✓ 1, I 1 r 1~~ \ LW M Loaaties map 0 ~7 .:'~tarC7r ~ uw - ~ tltt uI~r[ _ r _ j r rllrls ar. ~n Harr. '1 rM1 hlr'trt Iin~ ~ lA) M rII( rrrn r~ MIr~11 YY rS VY ~f1 .wr rfY r r~~pr1 .v,r gg IUalt1 i laa w o Iw tw 1oa p r t[N[ it r((: ~ ii VICINITY MAP NIS i i f I , u~ we ul(r[.[ I° I - I I N 1 J ~ I I ^ I~1 I a ~ ~ I I II r~l U r I I ( ~ I Z I 1trf~~,Ilr I r t,l.Y I r I I r ~'f0'I{'1~. 17/1 tl I I K sr a I I Lk P I 9 Lf11 I i Lbl II A 9 est 6c. I 6w K. r' f N M':N 'V Nt.67 ~ I R~3r v.wj • • ~ I T ' ~ r II I N M90'I6N Ul6ti S M']0La'O1a6 f l r 2 6!267 Nas PLAT f ?1 I f I ' % I r i nsr[ n[.Y+f rl+.s ar 16Hty11t eN-wr.rl art~w[ }pa h0.2 IN) • f AWAIA Me. CITY OF DENTON AU APPLICATION FOR VARIANCE DON OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat _ Ccrr~OiTiLA61776AI Pros vhat article of the Subdivision and Land Development Regulations are you requesting a variance? Petits .ner 77 (;~OMr Telephone S~S~' *Jd) Address ~+utrside pr.ve.- City/State/Zip Aev\+d 6 ,ZQ Land ovaer LZ-- 6rf24PPr¢ Address 1q,.303 gr,4``,r /one- City/state/Zip #A4-% o ♦ K 1;~2 V ~7 I Data Fee Paid ___/1,1^ act Petitioner must provide the rationale for the variances using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought N and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; O • • • 0 Variance Application Continued Page 2 ~M NIM low (4) The variance will not in any manner vary e Zoning ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner0s action or omission, or, if the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning commission by the city council. NOTLt Request must include the following: 1. Completed application (one per variance), C II. $175.00 fee. III. Copy of proposed plat and location map. Signat re f pp can Date I 1 l.• ra Apia { W October 19, 1995 To Whom it May Concem; Re: Sidewalks We request a variance on sidewalks. They produce a hardship because of cost of consmiction and because of lack of need. The nearest existing sidewalks are at Cooper Glen subdivision at the corner of Bell & Locust. This is 2 miles from this 10 acre tract, We ask for your consideration in this matter, 1 i i r 4 i r ...-...,.........ems • c~ Oil thtp AbrO~A ka0 x. G~ ~ 9l e~j k1 • • i Y ! , .v ~ ]orb ~ i; ~ 4' • f c:~ w 1 P&Z Commission Agenda November 8, 1995 ' Page 31 c, Consider a variance to Section 34-114 (17) for sidewalks. Mr. Salmon: The next variance is for Section 34-114 (17) concerning sidewalks, The applicable paragraph would require sidewalks along the frontage along F.M. 2164. The sidewalk would cost approximately twenty-five hundred and fifty dollars to construct which would be about eight hundred and fifty dollars per lot. The applicant has based their variance on reasonable nexus, which of course means that the Commission may recommend to the City Council that the variance be approved If they find that the requirement does not have a reasonable connection to the development, or is excessive, or is confiscatory. Staff does not recommend the variance because the cost Is actually less per lot than what it would cost for a single family lot in the city limits. We don't feel that there Is a physical hardship. Again since this Is a reasonable nexus, or an exaction variance you have two options. You can eithei recommend denial of the variance to the Council, or you can recommend approval of the variance. Mr, Cochran: I move that we grant approval of this variance to the City Council based on reasonable nexus. Ms. Flemming: I'll second. Russell Any discus sloe? All in favor please raise your right hand. Opposed same sign. Approved, (7-0) d. Consider the preliminary plat of Lots 1 - 3, Block 1 of the Clampitt Addition. A 10 acre tract located on the east side of F.M. 2164 In the ETJ. Mr. Yost: Since all three variances have been granted, DRC does recommend approval but I would remind you that one of the variances is conditioned on the fifteen foot panhandle and that there should be an easement for a hundred year storm. • Ms. Clampitt: May I say something? That was supposed to be on the plat and we don't know what happened. Mr. Jones: I move approval of the preliminary plat of Lots 1,2, and 3, Block 1 of the Ciampltt Addition with the condition of the drainage easement for the hundred year • storm and the fifteen foot panhandle per lot • i Mr. Cochran: I'll second. 0 e DENTON f l i ooooo~~aooaooo . 0 1) paoti. ~ oo C O D o ~ o app 000 I eV ° N , I °Q~oo~ono~°o 1 f a~ CITY COUNCIL 0 c Y L R . O • • ow _ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE; November 21, 1995 SUBJECT: Variance to Section 34-124(f) of the Code of Ordinance for the proposed Ciampi" addition, RECOMMENDATION: P&Z recommends approval SUMMARY: The variance is to concrete lining of a drainage way. BACKGROUND: See attached memorandum. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEM Property owner. FISCAL IMPACT: • None, I 7 1 RESPECTF LLY SUBMITTED: Lloyd V. Harrell, City M er .s • o Prepared by: DO A ~ ~7~7 C. Owen Yost, ASCA Urban Planner Approved: G Prank H. Robbins, AICP Director of Planning and Development Axxawso • r r r w s• ~1, , , I,r 'qk J P. w 0 w~ EF:, mom I~ I "CAT ip I SITE f v J I~~ r l N~ 7 IL ~ A JI !I II ~R.'•7. L~e~tlea 1ty ' • • • ;III: LEGEND Sim .a~.w I!t R - k1atR1 q ~p ~ lk" I W .2 M 1°d:..I S ra iac a r- IO! . o __:m Astill n ICU VICINITY MAP NIf __..__________________«900' ''l/t I?fA tl n Laf I x Laf 9 Dal u. li E I ISIS WE ' tar E IM 1111 1 .J I'm", N Rb'7iti t1s I.SMAf v It K ~ 1 . O[Mf AS 1 o+r. KKA I'^At CIA HAUU TT d0 NASH, IPIC:. I..[ wfvilw Mf H f1H11IM N1•!♦1{Y ala lb.Iw. 1 NO.2 G a a AW* #,Wo^ s. t~ 4 MEMORANDUM 't fi y TO; Mayor and Members of the City Council PROM: Planning and Zoning Commission DATE, November 21, 1995 SUBJECT: Proposed Clampiu Addition Concrete Channel Variance Betty Clampitt, purchaser of 10 acres of property on the east side of North Locust Street (HM 2164) approximately two miles north of Cooper Glen Subdivision has applied for a variance of section 34-124(f) of the City of Denton Code of Ordinances concerning drainage design standards. The applicant proposes to divide the 10 acres lato three single family residential lots. The cited section requires that drainage channels that are not associated with a iloodplain be fully lined. The applicant proposes to leave the existing channel in a natural condition and construct a tank, They will also ded ute a drainage easement wide enough to contain a 100 veal storm. The required channel improvement, per the regulation, would cost in excess of $35,000. The applicant has applied for an "exaction" variance based on reasonable nexus. The City Council may grant a variance if the following criterion is met. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so a excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council The Commission recommends the variance be approved. It determined that the construction of 3 single family homes on 10 acres will not significantly affect the drainage on the property and • does not warrant over $35,000 worth of drainage improvements. The applicant promised to dedicate, by plat, a drainage easement sufficient to contain a 100 year stonn (although this was not included In the Commission's motion). • 0 AWAb 1W AW41 me Options: p~ 1. Deny the variance requirement has reasonable connection or benefit to development. 2. Approve the variance; requirement does not have a reasonable connection or benefit to development. 3. Approve the variance with the condition that a drainage casement be dedicated sufficient to contain a 100-year storm. AXX00980 { j i r v V, - ra • iI o •vr v J a ' v 4 1wF t "'A zi h .t.i'K v 7. t~ I I' • e~ 1 CITY Of DUTCH APPLICATION FOR VARI of pM~'..-+•.."~"..~"~"' r` SUBDIVISION AND LAND DEVZLOPNLNT qi Name of proposed plat 1, 6hP4 WAiQv,' From what article of the subdivision and Land Development ' Regulations are you requesting a variance? I t i a i Petitioaer Q &4ih.aTelepbonesGs-B310 Address QV R; V !ra ; d e br;u 4L ti. City/state/zip T)(, I L10 Land owner ~ee SngP">', Address 1 303`` Kriai. ~4hQ, C City/state/Zip JQh Ah~O~ 0 77(. Date 6L'+ 19 AS— Fee Paid YB5 i Petitioner must provide the rationale for the variance using the following five criteria, (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought • and are not applicable generally to other propertyl (7) Because of the particuiar physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; variance Application Continued Page 2 A** I* A~1IIM IMM (4) The variance will not in any manner vary th Zoning Ordinance, Denton Development Plan, as er Plan, or studios. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. or, If the variance is from an exaction (eg, road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these reguletions (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning commission by the city council. wom Request must include the followings I. Completed application (one per variance). C. II. $175.00 fee. i III, Copy of proposed plat and location map. i signature of A licant Date • • ~ r ~ ~ r 1 , ~ rv A J1 ~ 1~{k i~i~t~h~'~1.~1~f +15, y~4~.'. October 19, 1995 To Whom it May Concern: Re: Concrete Drainage Channel We request a variance on the drainage channel because it creates a hardship. We plan to build a pond similar to the neighbors on both sides, This pond should take care of any water problem, but we will grant a drainage easement. Again, this concrete channel would present a problem with cost and interfere with the construction and/or size of proposed pond, 7 • { i w r { i~ ~ I n »~1 Lt, t t • • P&'1. Commission Agenda November 8, 1915 Page 30 Mr. Jones: Second, Ms. Russell: Any discussion? All In favor of the motion please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider a variance to Section 34-124 (f) concerning drainage channel require- ments, Mr. Salmon: Section 34-124(f) of the Code of Ordinances concerning drainage design standards requires that all drainage channels that are not associated with the floodplain have a lining for the full depth up to a twenty-five year storm, The applicant propose to build three single famlly homes on the ten acres. They are proposing to build a tank and leave the remainder of the channel in its existing state. They have indicated that they would be willing to grant a drainage easement wide enough to handle a one hundred year storm, At this time I don't believe that the easement has been drawn on the plat. I don't know if that has been over looked or if the applicants have changed their mind. We can probably get that clarified. The channel Improvements would cost In excess of thirty-five thousand dollars, to this case the applicant has applied for a variance based on reasonable nexus. The applicant believes that a lined channel In this case having three houses on ten acres would be well in excess of what they need out there for drainage. For an exaction variance the Commission may recommend to the City Council that the variance be granted if they believe that the requirement Is in excess of what is needed, or does not have a reasonable connection to the development, or would be considered confiscatory. Staff does recommend that this particular variance be approved. The constructlon of three single family homes on ten acres will not significantly affect the drainage on the property and we don't think that thirty-five thousand dollars worth of drainage improvements is a warranted expense In this case. Again your options are to recommend denial of the variance to City Council, or you can recommend approval of the variance to City Council if there is not a reasonable connection. • Mr. Cochran: I move for approval of this variance. Ms. Schertz: I'll second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed • same sign, Approved. (7-0) • • J • v ty r. •Y A DENTON 0ooaaaaQoo000 000 000 0 D F oo°~ ~ ''0 00 0 0 o Cl ~ CD o 0 0 DO co ~p0 r ~ X000 OO~o o N , ~ p000 oaonaaooo ® CITY COUNCIL ~ • Apt* No, f ORDINANCE NO. r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services In accordance with the procedures ' of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the heroin described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown In the "Bid Proposals" submitted therefore; and 4 WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1802 1 POLELINE ELECTRIC $ 5,380.00 1802 2-4 PREFERRED SALES $43,920.00 1814 ALL SIEMENS ENERGY & $61,700.00 AUTOMATION INC. SECTION TI. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. • SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter • • into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his j designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. S r Awb M► A$" fto SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon itd passage and approval. PASSED AND APPROVED this day of Y , 1995. BOB CASTLEBERRY, RAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • c•. ',r' rj Mkt rz.~ S• DATE: NOVEMBER 21, 1995 CITY COUNCIL REPORT Afmh Ma TO: Mayor and Members of the City Counoil AON* FROM., Lloyd V. Harrell, City Manager SUBJECT: BID #1802 - DISTRIBUTION TRANSFORIl0'sRS RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidder for each tem. ITEM VENDOR AMOUNT I Polellne Electric $ 51380,00 2 Preferred Sales $12,510.00 3 Preferred Sales $21,020.00 4 Preferred Sales 10 390.00 49,300.00 Poleline Electric in the total amount of $5,380.00 and Preferred Sales in the total amount of $43,920,00 with a total bid award of $49,300.00. SUMMARY: This bid is for the purchase of conventional overhead and padmounted transformers. These transformers will be used for replacement and for new construction in various locations within the City of Denton Eleotrical Distribution System. Eight bid proposals were received in response to twenty-two bid packages mailed to vendors. BACKGROUND_ : Tabulation Sheet, Memorandum from Don McLaughlin dated 10-31- 95, Load Loss Evaluation. PROGRAMS, DEPAR'T'MENTS OR GROUPS AFFECTED: Electric Distribution Department, Utility Department and Electric Customers o the City of Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution for 1996. Account #610- 103-1031-3680-9222 with a balance of $2720243.93. Rea ttliy s bmi t C~ • Lloyd Harrell City Manager Prepared by: 1 Name: Denise Harpool Title: Senior Buyer • Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6fifi.A0tMD~ i j 0 0 t _ t s 3;a • • . . r F , •r. r:: .ru . r. x.. I , • > Y x . P: ? eh. r.- I 1 1 ■ 136$ ■ DI/TRIDUTION PROPMRRBD TRMPLR POLELINE WRSCO EBB PR1EETRR NIO Bosco TRANSPOMERN SALE/ ELECTRIC ELECTRIC AORNCV O R D SEPT. l1, 1007 - v v. >s as Ds cR rr~` vENOO 3 ONO 1 RAN87ORMRR, CONVRNTIONAL Im.00 $331.00 3371.00 $330.00 114).00 4173.40 3733.64 171601 OVERHEAD, 33OVA, 1201346V } a TRANSFORME■, PADMOUNTSD 1131100 11,463.00 61,017.00 1103,16 6031.64 If13,N 11,611,00 111177,44 LOOP FEED, 33EVA 1301116 V 1. IRAN/FORMBR, PADMOUNTBD 31,07110 11,11600 $1,116.00 $1,074.06 11.03644 11,$14.6$ 111117166 11,141,00 LOO? PERD, 30 BVA 120110V 4. TRANSFORMER, PADMOUNTED $1,07100 NO RID 61,00100 611330.00 11,311.6$ $11173.$4 14,37610 33;A044 LOOP FEED, 147 OVA 110JI40Y MPO CENTRAL OR KUHLMAN AMD COOPER CCOPBR Bosco MALONET POWER POWBR DRLIVBRY 133110 CATS Of DAYS 70-04 DATE 4-11 WO■ 114 DATE 147 DATE 4-16 WES 114 DAYS a. _14 13D CUMMINS JJ{{~ 1 • a m EAW6 To: Denise Harpool, Senior Buyer From: Don McLaughlin, Senior Engineer Electric Engineering Date: October 31, 1995 Subject: Evaluation of Quotation on bid # 1802 The 25 KVA OH transformers are for operations and Maintenance. The 25 KVA and 50 KVA pad mounted transformers are for operations and maintenance. The 167 KVA pad mounted•transFormers are for Cooper Glen Apartments. The Utility staff reccmmends awarding the bid to the low bidders. The low bidders wEre Polelibe for the 25 KVA overhead and Preferred Sales Agency, Inc. for the pad mounted transformers. Sincer ly, s ,1- Donald L. McLaughlin Attachmenta: I, Exhibit I, Loss / Cost Evaluation IL Exhibit II, Total Cost • t 0 .r M1 ♦ ! e e M+* tM, EXHIBIT I FOR BID 1802 PAGE 1 ITEM 1 E OSSICOST EVALUATION OF TFN 25 KVA 120T40 CONVENTIONAL OVERI (LAD SINGLE PHASE TRANSFORMER MADE NL LL TIL BID CAL. DELIVERY BIDDER RY LOSSES L03SES LOSSES COST COST DAYS KIIS__-- COOPER- -68 226 294 $565 $3485 - 91 NxFlectric ErmcO 65 286 351 $551 $3,595 58 LAW Preferred Central 68 2551 323 $536 $3,441 119 PRIFSTER COOPER 68 2261 294 $572 $3,441 112 SESCO SESCO 85 3501 435 $598 $4188 120 TEMPLE GE 65 275 340 $558 $3573 90 WESCO 1ABB. 57 25.4 311 $539 $3355 63 pow Bai s3,z5s ITEM 2 LOSSIGOST EVALUATION OF FIFTEEN 25 KVA 120240 PAO MOUNTED SINGLE PHASE TRANSFORMER r MADE NL LL TL Blp CAL DEWERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS COOPER 65 217 282 $931 $4,592 126 tJizElocUic Elrnca 75 1G1 256 $1,099 $5,094 70 POLLUNE KUIILMAN 66 154 320 $11017 $5046 70 PRIFSTFR 1COOPER 65 217 282 $922 $4.5b2 147 SLSCO SESCO 85 350 435 $1371 $6821 120 JTEMPLE JGE 651 270 335 $1065 $5334 90 33 f WE.5C0 iABB 58 287 345 $983 $4934 84 ~ LOw BID ~ 54,423 ITEM 3: LOSSICOST EVALUATION OF TWENTY 50 KVA 120240 PAD MOUNTED SINGL.F PHASE TRANSFORMER MADE NL LL 7L BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KUS }COOPER 91 480 571 $1,025 $6222 126 Nix uctric lEtmco 106 387 493 $1,395 $7211 70 • - POLELINE KUHLMAN 104 477 581 $1,198 $6,903 70 PRIESTER COOPER 91 480 571 $1,014 $6,185 147 SESCO SESCO 160 550 710 - $1563 $8,907 120 1 TEMPLE GE 104 526 _632 $1,126 $6,872 _ 90- WESCO ADS 93 566. _ 659 51074 _$6,763 84 LowetD s61a4 e 31 -Oct-95 09:53 AM r • C:ITRANX11802161802. W K3 • 'j A~YW ~I. Aoi *0 EXHIBIT I FOR BID 1802 PAGE 2 ITEM 4: LOSSICOST EVALUATION OF FIVE 167 KVA 1201240 PAD MOUNTED SINGLE PHASE TRANSFORMER MADE NL LL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KB.'; COOPER 265 1265 532 $2,211 $14,964 70 Nix Elect is Ermco 429 1398 1827 $2,370 $17,409 70 - - POLELINE KUHLMAN 279 1148 1427 $2,088 $14,100 70 S~ro PRIESTER COOPER 266 1260 1532 $2,173 $14,835 91 SESCO 5ESCO 400 1500 1900 $2,950 $19553 120 - - - ---2 L-_ T 1'ESCO A8D 220 1389 1609 $2350 $15,563 - 84 LOW BID $13,802 1 31-Oct-95 09:63 AM C:ITRANX11 8 0218 1 8 0 2 WK3 t ILI i • 1i . • • wa EXHIBIT II FOR BID 1802 ITEM _ DESCRIPTION QUANTITY DISTWB_UTO_R MANUFACTURER PRICE _TOTAL 17 EM 1 25 KVA 120/140 OH - 10 Polelfne Kuhimsn $538 5,390 ITEM 2 26 KVA 12024_0 UO 16 Prelfered CenUti~, $834 $12,610 ITEM 3 w KVA 120240 UO - __v_ 20 Afetfefed Central _ _ $1,051 $21,020 ITEM 4 167 KVA 120240 UG 6 Proftefed Cenhal 52,078 510,~Y0 ---TOTAL COST __N11,3 C 1TRANX%1802Gl802.WK3 31 Oct-95 09:53 AM- i r ' • _ w AWW 1b. AW41 ftM DA WOVEMBER 211 1995 CITY COUNCIL REPORT TO: Mayor and Membert of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID i1 1814 - 89 KV SFB CIRCUIT BREAKERS RECOMMENDATION: We recommend this bid be awarded to the low bidder, Siemens Energy & Automation Inc., in the total amount of $61,700.00. SUMMARY: This bid is for the purchase of two 69 KV circuit breakers which will replace two 30 year old breakers at the Denton North Interchange. These circuit breakers will increase tit.) reliability and reduce the chances of failure on our 69 KV Loop. Eighteen bid packages were mailed to prospective bidders with responses received from two. BACKGROUND: Tabulation Sheet, Memorandum from Daniel Scott dated November 3, 1995. PROGRAMS1 DEPARTMENTS OR GROUPS AFFECTED: Electric S+tbstation Department, Utility Department, Electric Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for Electric Substation for 1998, Account number 610-132-1032-3530-9217-C69KVUOIA with a balance of $784,852.34. a Respec y sub ed: Lloy V . Ha cell City Manager Prepared by: cW NametDenise ~'Htarpool"~" ~ Title: Senior Buyer Approved: r Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 658.1166!!DA . 1\' • r MITSUBISHI SIEMENS VWESCO O E 69 KVA SF6 CIRCUIT ELECTRIC BREAKERS P N ATE NOVEMBER 7, 1996 ~ 1PTIOFI VEN 69 KV SF 6 CIRCUIT $38,000.00 $30,660.00 $31,160.00 BREAKERS - OUTDOOR TYPE MANUFACTURER____, MITSUBISHI SIEMENS ABB t DELIVERY ARO 28 WKS 12 WKS 18 WKS O BIDS: CUMMINS TEMPLE POLELINE I • i r I~CCC:I~~cl'° . ~ ao~SM,'51;' CITY OF DEMON MUNICIArl MUMS 9o r-A TExAs srAEET DENTON. TEXAS 76M I TA: Tom Shaw, Purchasing Agent TMU3 Ray D. wells, superintendent Substationa/Meterinq/Communications FROM: Daniel Scott, Foreman of Substations DAT8: November 08, 1995 SUBJECT: 69 KV CIRCUIT BREAKER BID {'1x14 After evaluating the bids for two 69Kv circuit breakers we recommend award of bid to Siemens for the SF6 circuit breakers. The reason for recommendation of bid to Siemens is low bid and meets specifications. Siemens will be able to deliver the breakers within 12 weeks. I recommend that we award the bid Siemens, at the price of $30,850.00 each, for the total cost of $61,700.00. Respondents were as follows t Vadkafad to ouaW SetvlW 0 v DENTON 7 0 o0 all goo ~o CS ° 0 00 ~ ODo 0000 T ° ~ ~ ti 000 °~oa~oaooo°° { CITY COUNCIL Q ca o ORDINANCE NO. OMI AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOT' PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or Improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plane and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1828 TRAVIS LANDSCAPING AND $99,025.00 IRRIGATION SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. • SECTION III. That the City Manager is 'aereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. • • SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contrasts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified In such approved bids and authorized contracts executed pursuant thereto. a • A~MiM M SECTION V. That this ordinance shall 1~l1M1l~ Immediately upon its passage and approval. Do PASSED AND APPROVEP this the day of ,1995. BOB CASTLEBERRYt MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBERT L. PROUTYI CITY ATTORNEY BYl • I { "i i . ♦ wratiw.w.ww~w~+a r M ~ ! Jr I tt C i 1 % ag ~l i t tt ~ w t x ~ i c. t n} ~ J v t ~u + It t 1~~~t i yy - 3n- .1 tyt ~ a,t,~ << tll~ :lid. ttt 71 7 • - c~ • ~EMB&I 21. 11~+ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1828 - TEASLEY LANE MEDIAN IRRIGATION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Travis Landscaping and Irrigation for the base bid and Alternate No. 1 in the total amount of $49,025.00. SUMMARY: This bid is to provide complete Irrigation coverage for lawn and planting area located in the Teasley Lane Median from 1-35 to Lillian Miller and south on Lillian Miller to the South Branch Library. The project includes metering, electrical connection, piping, controllers, sprinkler heads, reemote controls, valves, wires and other Items required for a complete operating system. Alternate #1 Involves the addition of remote control valves and associated items for proper installation. BACKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Parks Department, Citizens of Denton. FISCAL IMPACT: Funds for this project will come from a 50150 Grant for ground improvements from Texas Department of Transportation. The City of Denton's match will come from in kind services; Account Number #448-020-LAND-9235-9009. Respeo y submit Lloyd Harrell City Manager Approved: Name: Tom D. Shaw, C, P.M. • Title: . Purchasing Agent c+ ~r iBID NAME TEASLEY LANE MEDIAN IRRITECH TRAVIS PHILLIPS BOTANICA!_ EE IRRIGATION LANDSCAPE LAWN TECHNOLOGY OPEN DATE NOVEMBER 14, 1995 SPRINKLER j TOTAL BASE BID $50,422.00 $44,760.00 $44,888.04 $44 541. 7,0 BID BOND YES YES CASHIERS YES CHECK $2, 617, 66 ALTERNATE #1 $5,161.00 $4,275. 00 _$588.00 $5.419.00 i TOTAL $66 673.00 $49,026.00 961.00 x_60,000.10 jj 1 • I r,> O 1 DENTON a ids oooooaa~QOOOOO co°~ 4) © o o o 0 DOOF~ 4, OHO 0000 r ~ N ti ~~O ~~aOfl~~DD~°0 CITY COUNCIL o> J 1 1 • r i'l-CA Z4 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON TO AUTHORIZE PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS F AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS) AND DECLARING AN EFFECTIVE DATE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute the attached agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of police vehicle's, SECTION III. That this ordinance shall become effective immediately upin its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTY ARY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: tKrsruncat,.ua.' , i c i s ;441` 1 4f Apr* ML..«, ~....~.u.n..w DATE: N 1t" CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: INTERLOCAL AGREEMENT COOPERATIVE PURCHASING BETWEEN CITY OF DENTON AND DE 4TON COUNTY FOR POLICE SEDANS RECOMMENDATION: We recommend this ordinance be approved for the continuation of the cooperative agreement for purchasing of supplies and services between the City of Denton and Denton County. SUMMARY: The authority for one entity to purchase for another or for one entity to "piggy back" the contracts of another Is permitted in Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, Approval of this ordinance and continuation of the attached Interlocal agreement, would allow the City of Denton to utilizo Denton County Contracts for supplies or services If advantageous to the City, Under the terms of the Interlocal Cooperation Act the strictest bidding procedures of the entities involved must be followed, At this specific time our Intent is to "piggy back" the contract established by Denton County for the acquisition of Police Patrol ,Sedans, In October of 1995 Denton County established a minimum specification and solicited bids from numerous prospective bidders, The County received nine responsible bids. The lowest bidder was hilltop Ford in Denison in the amount of $17,608,00 plus $1,122.00 of listed options or $18,790.00 per vehicle. 't'otal award for our 9 vehicles would be $169,110.00. This is $638.00 less than the State of Texas bid for a comparable unit ($18,306.00 plus options). Adding to the importance of approval of this Interlocal agreement extension is the notification received in October 1995 from Ford Motor Co, that they will not except orders for police sedans beyond November 27, 1995. Our normal schedule for bidding police sedans it in February for March award by Council and a May delivery. Due to the early build out by Ford this schedule is not possible to meet. Our only option other than the Denton County Contract is to purchase from the Stato at the $638.00 higher price, Times nine units fora $5,742.00 additional cost. } ,S Approval of the continuation of this Interlocal agreement will allow the City of Denton to acquire 1996 Ford Crown Victoria Police Sedans meeting our speolfications and delivery needs at a substantial savings to the City. p Tho Denton County bid tabulation shoot indicates local dealers wore extended an p e opportunity to bid. • hook 00. MMU No - CITY COT NC1L REPORT py^, NOVEMBER 21, 1995 PAGE. 2 t' 2 SUMMARY (CONIT): Council approved this interlocal agreement on February 11 1999. We acquired the past two years pollee sedans in this same manner. This action further demonstrates the advantage of City and County cooperation in the best interest of the tax payers. BACKGROUND: Tabulation Sheet, Cooperative Purchasing Agreement. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Patrol Division, Motorpool Operations, Denton County and Citizens of Denton. FISCAL IMPACT: The acquisition of nine (9) police sedans will be funded from Motor Pool Internal Lease Funds. Total amount for this purchase is $189,110.00. The prices for Police sedans have increased approximately $3,000.00 per unit since General Motors and Chrysler no longer manutacture a four door rear wheel drive vehicle designed for Police activities. Note: Each of the vehicles being replaced has been in the Police Patrol Fleet a minimum of 36 months and they average near 75,000 actual miles plus considerable e7gine idle time. The best of the group will be reassigned to other departments for lighter duty use. The others will be sold at public auction. Respeotfu submitted: Llo ! . Harrell City Manager • Approved: • Name: Tom l?. Shaw, C.P.M. Title: Purchasing Agent • f 657 ,!,good i 1. i 1 • AW*#N y OPTIONS SELECTED 4 Wheel Anti-lock brake system Cruise control (includes power door looks) Front seat only power door lock control Police radio interference suppression package Auxiliary fuse panel Cloth front seat with vinyl rear seat Pillar mounted spotlight Inoperative courtesy lamp switches Header mounted map light Floormatos (rubber) e H • 1 t ' ~ ~ ! v a t IAnS 1 ~1~j %I~p~•y1 ~1 G • n i `a=f~=/r1 I NA PATROL VEHICLRS HILLTOP TRXAS ORANOR NICHOLS RILL KARL 3 VILLAOH AKENDAIR PORD MOTORS FORD FORD UTTER KLRMRNTS STAR FORD FORD ► D NOVEMRRR f, 1001 INC FORD FOLD SALE INC VRN.0VRMb$~.... 1. DENTON COUNTY'S ! PRICE FOR POLICE PACKAGE r, ROUIPPRD VEHICLR WITH MPG'S STANDARD EQUIPMENT _PIT Nl.00 471 19,101.10 $17.104,00 117030.00 {100„.N 017,707A0 117661.00' ( ' _ WITH OPTIONSIi1,7f0.N IIf,N0.00_ MOL21.N f10yISM 111,639.010 96301)66 02O.M3.00 119971.66 _11y011.77 FORD FORD PORD FORD FORD FORD FORD FORD. FORD CROWN CROWN CROWN CROWN CROWN CROWN CROWN CROWN CROWN MAKH_!VICTORIA VICTORIA VtCTOATA_ _ VICTORIA VICT. RIA VICTORIA VICTORIA VICTORIA VICTORIA MODEL 1000 I0,10 _ to" 1066 I0N 1006 I0" 10% _ 10% . 66-170 DAYS 0010166 00 TO 170 M-170 DELIVERY ARO 4-{MONTHS 77066DAY9 00-I"DAYS tO DAYS 4-10 Wt0 DAYS DAYS DAV0AR0, 1 1 ca • 11111 THE STATE OF TI?XAS AP* - J COUNTY 01' PWRLQCAL AGRI BMENT CQQj%RA 1Yb~.1'll_tCHASIIYG AGREEMENT This agreement is made on the _B day of rt b, 1994, between The City of Denton, State of Texas, and the County of Denton, Texas. In consideration of the mutual covenants contained herein and pursttant to the authority permitted under Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, City of Denton nd Denton County agree as follows: L Furpose The City of Denton wishes to enter into this Interlocai Agreement to authorize participation in various Denton County contracts for the purchase of various goods and services. The participation in this cooperative program will be highly beneficial to the taxpayers through the anticipated savings to be realized. 11. Duration of Agreement This agreement, which terminates as of its effective date, ail prior agreements, written or oral, between the parties concerning the same services/materials, shall become effective on LI , 1994, and shall continue in full force and effect thereafter until terminated by either party on thirty (30) days written notice to the other. 1II, gelationship of Patsies The parties intend that the entity, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired, Neither the City of Denton, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Denton County and shall not be entitled to participate in any pension plans or other benefits that Denton County provides its employees. Should County determine to advertise for the purchase of certain goods or services, and offer to the City the option to purchase such goods or services and City wishes to participate in such bid, , then: ~ 0 ! . The County shall advertise for the purchase of such goods or services in compliance with all arplicable State bidding statutes. % S C i . 2. The City shall make payment for the purchase of such lowest responsible bidder from current revenues avaliab u se. 3. The City shall receive all warranties provided by the successful vendor for the goods or services the City determines to purchase. D N CO Gal BY: e ey Denton ty Judge DA a-S `1 `I DATE: - ' ` •~•µ1YMMMM~ ~ , Page 2 • DENTON Qaooa~~o~oQr~ , 00o OF D fi f'QQ a ~ o ~ N 000 r ~ ~O~O n °oo, ° N , ~ ooa `~oo~aaoao~° • o CITY • a COUNCIL r r • ca E+' a A~MII/ MI. t 11111 J ` CITY COUNCIL. REPORT ` TO: Mayor and Members of the City Council ii FROM: Lloyd V. Harrell, City Manager DATE: November 21, 1995 ii SIJ13JFCT: Proposed Street Name Change - Payne Drive y RECOMMENDATION: f t The Historic Landmark Commission and Planning and "Zoning Commission recommends approval SUMMARY/BACKGROUND: i 4 Recently, Roger Madsen, 3222 Darby Lane, suggested that the City research the possibility of changing the name of Payne Drive to "Windsor Drive." He stated that there are delivery problems due to the fact (hat the streets have different nnmes but are aligned. t The staff, P&Z, and HL.C have reviewed the request and support the change. The endorsement is based on the following; i Current subdivision regulations require that develorers maintain the same street name when streets are aligned in order to avoid traveler contusion and getting los(. There are no residences addressed on Payne Drive, In the future, Payne Drive will be extended to the I-35 :service road, thus • increasing through traffic and the potential for travelers to lose their way. 'Chere is only one negative aspect of the proposed street name change, the road was named after landowners in the area. City staff contacted the landowner of Payne family holdings in the area. Roland Payne, 270 112 Westgate Drive, and asked for his feelings on the matter. He stated that the street name had sentimental meaning ® to him, because of his family's history in the area. however, he did acknowledge the concerns of his neighbors pertaining to the street name conflict between Payn: • • and Windsor Drive. M. E, Payme referred us to Roland Payne. a; . , • ~..ww..wr.wr.rr. a wo • • • A@" wit.. Mr. Payne and Mr. Madsen were notified by mail o tv potential action by the City. To date no feedback has been received endorsing or opposing the proposed change from either affected party, Staff is continuing to reach other Payne family members or their issue and will report to the Council. PROGRAMS, DEPARTMENTS OR CROUPS AFFECTFllt Engineering & Transportation Department, area residents, travelers, FISCAL IMPACT: None, RESPBCTPULLY SUBMITTED: v' Prepared by: Lloyd V. Harrell, City Mana r Prank H, obbins, Al llirector of Planning d Development ATTACHMENTS: 1, Ordinance. 2. P&Z minutes. 3, HLC minutes. 4. Street name regulations. 1 y , • w • E: WK00\0KOVEMAME. PAY w~ AP46 Me. ATTAC14MENT 1 A0~ ~ WII ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF PAYNE DRIVE TO WINDSOR DRIVE) AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the street officially designated a■ Payne Drive, being a public street connecting North Bonnie Brae to Carriage Hill as illustrated in the attached Exhibit "A", which is incorporated and made a part he;•eof, is renamed to Windsor Drive. SEQ'ION II. That the Director of Planning and Development is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. r BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY o 4 +t Y♦ f ~ M111 rl I EXHIBIT A. D. Lt>oP tee a wrSTGATr R Y R Comm rLADGE N Rename this section of road 'Windsor Drive" NO SCALE 1 It 61a AI W YR. C ,go u+svERSttr . v ~ aoa~ n~ 1 _ Idx`A T rnwi kf AT) • o ' • ATTACHMENT 2 P&Z Minutes DRAF4 fOctober 11, 1995 Page 2 Ms. Russell: Any discussion? All in favor please rise your right hand, opposed same sign. Approved. (6-0) U. Consider approval of the minutes of the September 13, 1995 meeting. Ms. Russell: Are theme any corrections? t Mr. Cochran: On page 10 it should say that we might "lose" points, I Mr. Powell: I move that we accept the minutes as corrected, i Mr. Cochran: I'll second. Mr. Powell: On page 20 Mr, Robbins talked about the philosophy of the regulations. I think that there has been a change in philosophy. Ms. Russell: All in favor please raise your hand. Opposed same sign. Approved. (6-0) Mr. Salmon; I need to make a correction for the record concerning changing the name of Payne Drive. I made a statement that wasn't completely accurate. I said that the name change was acceptable to the Payne's and more accurately stated would be that they would prefer that it remain Payne Drive but they do understand that there are problems with the name changing on the other side of Bonnie Brae. Ms. Russell: Thank you, it will be so noted for the record, III. Hold a public hearing and consider rezoning Lot 3, Block I of the John T. Campbell Subdivision from the Single Family-7 (SF-7) District to the Planned Development (PD) District and to consider approval of a Detailed Plan for the purpose of a garage apartment located at 1920 N. Bell Avenue. (Z-95.022) Ms, Russell read the rule of procedure for the public hearing and opened the public hearing. Ms. Donna Bateman: This request tonight is for a rezoning between Woodland and Roberts on Bell Avenue for the purpose of a garage apartment, The surrounding property f • in this area is mainly Single Family with some duplexes to the west. This is in a low intensity area that is 55% allocated, There are no public improvements needed. The Po. ]locks started renovating their home in May of this year. On )uly 10th the Traffic Safety Commission approved their request for a circular driveway with no conditions. On • ra :V AO 40 No. - P&Z Minutes ~ 4j September 13, 1995 Page 30 XI. Consider a recommendation to the City Council about the proposed name change of Payne t Drive, west of Bonnie Brae, to Windsor Drive. Mr. Salmon: Roger Mattson who is a resident on Darby Lane came in and asked us if we AkNKtfti•F could change the name of Payne Drive to Windsor. It seemed to make sense. Apparently kti xfe~(7 N4 q~ it is confusing to A lot of people who live out there. We went to the Historic Landmark Commission and there was some historical significance because of the people who live out there. The Payne family owns a lot of property in that area, but the Commission felt that because of the confusion with the road changing names across Bonnie Brae that it was much more important for safety reasons to have a continuous Windsor Drive, They felt the historic aspect did not outweigh the safety aspect, We talked to the Payees and they e understand the problem and they indicated that it would be acceptable with them to change it to Windsor Drive, We are recommending that you recommend to the City Council that the name of Payne Drive from Bonnie Brae to its western terminus be renamed Windsor Drive. Mr. Cochran: I move that we approve this? Mr. Powell: I'll second. 4 Ms. Russt[L Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (M) i XII. Consider a recommendation to city council concerning the update of the Denton Development Plan. r Mr. Robbins: We held a work session at your last meeting and we have amended that schedule to coincide with your recommendations. The staff recommends to the Planning and Zoning Commission that they recommend to the City Council that the Denton Development Plan be a major update and that a program is recommended and attachment to be followed. Ms. Russell: I recall that we wanted to move some dates up. Is this reflected in this? . Mr. Robbins: Yes it moved uo the process by a month. I am giving the Couaeil two months to appoint a committee i n October and November, If they appoint a committee in • October than they could get an earlier start. The update policy of the Plan says that it goes • • to the Council in October. The nomina4on and appointment process has not gune real r I quickly. We compressed the schedule by it month, Ms. Russell: Could we present this to them before October since they are finished with ~1 I r a 'i ATTACHMENT 3 yM~ fay Historic Landmark Commission Minutes of August 14, 1995 Page 2 IV. Consider approval of a proposed street name change from Payne Drlve to Windsor Drive, weal of Bonnie Brae. Mr. Williamson stated that this request came from a citizen's request. He also Indicated Wnndsor Drive and Payne Drive intersect Bonnie Brae at the same point, posing location problems. There Is currently no one addressed off of Payne Drive. When the city annexed the area in 1985, Payne Drive was a dirt road. Mr. Williamson stated that he talked to Roland Payne, heir of the Payne property In the area, regarding name change. Mr. Payne kndicated that N had some sentimental value but he did acknoMOgs the fact that there Is currently some difficulty with the street changing names. Mr. Willlamson reported that approximately three weeks ago he asked both Individuals Involved In the name ehanga ;the citizen and Roland Payne) to submit something in writing stating their viewpoints. Nothing has been mosNed from either party to date. He added that the Engineering Department was In agreement with the name change, He recommended that it be corrected now while no one Is addressed off of Payne Drive. Mr, Merki moved for the street name change from Payne Drive to Windsor Drive. Ms. Cole seconded and the motion carried unanimously (5.0). Ms. Byron abstained. • 'f 11:y , n t s A~ c> ATTACHMENT 4 AOIn/a No AWAi - ~ SUBDIVISION AND LAND DEVE ~_M J this Code the same as if set out at length in this section, unless the road is the sole access to the drvelopment, In which case the private road shall conform to the design specifications for public streets. d. Where any parking areas or spaces are to be used along or adjacent to the private road, the parking areas and spaces shall be designated and constructed in accor• dance with the design standards appUcable to parking lots so that the parking areas and spaces will not Interfere r Ah the use of any public streets. e. For the purpose of this section, a "private road" shall mean any open way used for vehicular traffic, not dedicated to public uz4 and not part of a parking lot, designed and used to provide vehicular access to a development or lot. (14) Street names and si ns. a. Street names shall be assigned by the developer, subject to planning and zoning commission approval, by placing the name on the plat. Streets which are to be In alignment with existing streets shall "yen 1hiltame a Names shall be sufficiently different in sound and spelling so as not to cause *nhict or confusion, b. Street name signs shall be installed by the developer at all intersections within or abutting the development prior to the acceptance of any street. The name signs shall be constructed, located and installed in accordance with written specifica• tions on file with the city engineer, (16) Street lighting. a. All developm mts shaU provide for lighting of all streets, sidewalks and public rights-of-way which are to be used far vehicular or pedestrian traffic so as to ensure the safe use thereor. b. Streetlights shall be installed within dedicated easements at all intersections, in cul-de•sacs and along all pubUc streets at intervals of not more than three hun- dred (300) feet. c. The required streetlights shall be installed by the city upon payment of the cast ` by the developer, No streets, sidewalks or other public rights-of-way required to be lighted shaU be accepted for pubUc use until the requirements of this section are met. (16) Fire lanes. All developments shall provide for fire lanes In accordance with Article V l of chnotcr 11 of this Code. I (17) Sidewalks, a, The following requirements are adopted for the purpose of ensuring that each ® development provides for the sidewalks or walkways necessary serve • • j trian traffic to, from or across the development, pedea• Ji b. All developments shall, within a dedicated right-of-way, provide sidewalks along both aides of all streets within the development and along one (1) side of all perimeter streets; except as follows: Supp. No. 1 2403 M p • AIiiM ~ 'Y -14 OMl 1L 4. ~L L-t al'-., GCG-P-Lam./._ , 4 r t7~.</_'..c. iYt'-ryJ~CZt'~l,i 11.:1-i,~2~L~.~ ,'f:/t. P. ,/2_•a_d-Yt_~~ _ r ' / I t ~r.a.r_ £ • ~?G Y.r .~.Yr../._I Cl. /•_,1L.000~G~c"L.~t G-y~_i 4 f? i, I 1 i, • 47 O r w Z~ ADENTON . s oho zoo DOF 000 O~ ~ a 0 0 ( p v o OOO r ~ ~ spa oooa ~ N ~ ~ 0000 ~aoaoaaoo° • CITY COUNCIL o • c., • - 4r heft t November 21, 1995 DENTON CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL. FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE WITH GUTIERREZ, SMOUSE, WILMUT & ASSOCIATES, INC. FOR THE DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS ANU LIMITED CONSTRUCTION REPRESENTATION FOR AN AMOUNT NOT TO EXCEED $26,204.00. r RECOMMENDATION The Public Utilities Board and Staff at their meeting of September 18, 1995, recommended approval of the above reference contraot with Gutierrez, Smouse, Wilmut & Associates, Inc, (GSW) for the amount not to exceed $26,204.00. SUMMARY This contract for engineering services is a continuation of the Cooper Creek Drainage Basin Sanitary Sewer Evaluation Survey Report, completed In February 1995. GSW will prepare plans, specifications, contract documents, and deigns for repair and rehabilitation of 372 manhole defects and 58 service line defects which were identified in the February report. The proposed contract for services to be performed is attached (Exhibit 1). BACKGROUND R In February of this year ADS Environmental Services, Inc. presented the • Cooper Creek Drainage Basin Sanitary Sewer Evaluation Survey (SSES) Report. The report defined specific locations of Inflow and Infiltration (1/1) that' are in need of repair. This was the first step In eliminating 1/1 from the Cooper Creek Sanitary Sewer Basin. The second step is to develop plans and specification along with specific contract documents for the repair and rehabilitation of the defective areas Identified. The utility staff corresponded • with Gutierrez, Smouse, Wilmut & Associates, Inc. (GSW) about the preparation • • c Page 2 of these documents. GSW has completed over 300 projects In the wastewater planning and rehabilitation field and was one of the original consultants that submitted proposals to complete the SSES report, so they are familiar with the project. GSW recently provided consulting services for the Egan/Panhandle Area Utilities Improvements Project. The Utility Department Staff was pleased with their recommendations and feel they would be an asset In developing the plans and specifications for the Cooper Creek Prcject The continuation of this project Is essential for the elimination of Sanitary Sewer Overflows (SSOs). Our goal Is to continue with projects of this type through the completion of rehabilitation, not just the evaluation process. The elimination of Ill problems throughout the ~jnilre city is Important. This will Improve the City's current sanitary sewer system Infrastructure along with possibly delaying wastewater plant expansion do to Ill problems. It will also prevent the City from coming under possible EPA or TNRCC order for not solving Ill problems that the City Is aware of and has not addressed. AGENCIES AFFECTED Citizens of Denton, Denton Municipal Utilities, Gutierrez, Smouse, Wilmut & Associates, Inc, FISCAL, IMPACT The Capital improvcment Plan Includes $55,000 for design. The cost of this design is $26,204. Which Is $28,796 under budget. The CIP project sheets are Included In Exhibit I1. • e ' a 3 I, A~MM IIMI - Page 3 RespecHul ubrn Mod, oyd V. Harrell City Manager Prepared by, 4U Howard Martin, D rec r Environmental Operations Exhibit; I Contract II CIP Project Sheets i • . S. i ~ i 1 w E:INFUCti S\nNU\CP?PF.S Cy. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE h~AYOR TO EXECUTE AN F.NOINEERING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND GITTIERREZ, SMOUSE, WILMUT & ASSOC., INC. FOR COOPER CREEK DRAINAGE BASIN REHABILITATION AND DESIGN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. SECTION I., That the Mayor is hereby authorized to execute an engineering services agreement between the City of Denton and Gutierrez, S*.ouse, Wilmut & Assoc„ Inc. for Cooper Creek drainage basin rehabilitation and design, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as outlined in the agreement is hereby authorizer:. SECTION IL, That this ordinonce shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR A" PEST: JENNIFER WALTERS CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY , Y: _~~u f f Mww~w~sw ayM4 MI. ENGINEERING SERVICES AGREEMIsTIT FOR REPAIR AND REHABILITATION AND SERVICE L UNDER THE COOPER CREEK DRAINAGE BASIN S SEWER EVALUATION SURVEY REPORT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the - day of 1995, by and between the City of Denton, with its principal office at 215 East McKinney treet, Denton, Denton County, Texas 76201, ("OWNER") and Gutierrez, r Smouse, Wilmut & Assoc., Inc., with its corporate office at 11117 Shady Trail, Dallas County, Texas 75229, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: IARTF LE I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER as an independent contractor, and ,;he ENGINEER agreeb to perform professional engineering services in connection with the Project as stated in f the sections to follow, and fcr having rendered such services, the OWNER. agrees to pay to the ENG NEER co-pensation as stated in the section to follow. f The Project shall include d=sign and limited ccnstruction repreEentation services for preparation of plans and / specifications for manhole repairs and rehabilitation and specified service line repairs as outlined in the Cooper Creek Drainage Basin Sanitary Sewer Evaluation Survey Report (February Page 1 of 20 457-0450 -oa • A0~ Inai 1995}, The ENGINEER agrees to exercise the sa Agriearge of care, ! skill and diligence in the parf.ormence of these services (10 IN ordinarily provided by a professional consultant under similar circumstances and ENGINEER shall, at no cast to OWNER, "reperform" services which fail to satisfy the foregoing standard of performance. ARTICLE II PERIOD OF SERVICE This Agreemen!• shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period wl+i.ch may reasonably be required for the construction of the Project, including Additional Services and any reburied extensions approved by the OWNER. This Agreement may be sooner t:e,:urinated in accordance with the provisions hereof. Timo is of the essence in i this Agreement. The ENGINEER shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedules mutually established by the j parties. J • ARTT,LR III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for development of the PROJECT: upon execution of this Agreement, the ED'GINRER shall parform the following basic engineering services: Page 2 of 20 457-0450 l _ . , . ,RI , . ` , , , A. GENE. ,I. SCOPE OF SERVICES Preparation of plans and specifications for the repair and rehabilitation of identified manhole and service line defects as entitled "Sanitary Sewer 'valuation Survey, Cooper Creek Drainage Basin," February, 1995. Service line defects include Item Numbers 71, 72, 73, 75, 78, 79 and 80 as listed in the above refc:anced table, ;Exception: Item Numb(!r. 4, "Replace MFi Cover" will be accomp:ished by City of Denton personnel.) The debign shall include elimination of 372 manhole defects and 58 service line deEectd. 8. ASKS/ORDER OF WORK The major divisions within the Scope of Work arer 1. Project Startup/Management 2. Preliminary Design 3. Pre-Final Design 4, Final Design C. DETAILED DESIGN The scope of work for this phase is a general outline of services to be provided and is based of the understanding of the project at this time. 1. Prepare detailed plans, specifications, contract documents, designs, and layouts of improvements to be constructed based on a previously authorized ' general site mapter plan. (All topographic surveys to be .furnished by the OWNER,) 1 J Page 3 of 20 457-0450 r, , , • as 3 2. Provide the OWNER with advice, whe 00 respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however., r le making of such investigations and the interpretations of data and reports by special consultanta are not a part of the services to be rendered by the ENGINEER, and the cost cherefor shall be paid by the OWNER, The FNGTNFER shall monitor and review the wor:c of teat.ing laboratories and inspection bureau9 required for the testing or inspection of materials, witnessed tests, factory tenting, etc., for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Submit plans, specifications, and contract documents provided by the OWNER to the applicable federal and state agency(s) for approval, where required. 4. Furniah such information necessary to utility companies whose facilities may be affected or sex-vices may be required for the Project, 51 Prepare an opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. i 6. Perform field surveys to tie existing eonditiona to provide proper and complete information on the s plans. r I Page 4 of 20 457-0450 1+ , ~ `ti 4 • 0 7. Furnish the OWNER three (3)~ plans, specifications, and bi "Preliminary" for approval by the OWNER. After modification, three (3) sets of "Pre-final" plans will be provided for review, Upon final approval by the OWNER, the ENGINEER will provide the OWNER three (3) sets of copies of "final" Mans, As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the OV!NER at actual cost of reproduction, D. Limited Construction Representation 11 Answer and prepare responses to questions from the OWNER during advertisement of the project for bids. 2. Attend a pre-construction conference with the OWNER and Contractor, Ag.~41r~.~~ ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above • described basic services, are described as follows; A. Contract Document Reproduction. Reproduction of contract documents for state approvals, advertisement of project for bide and for use by CONTRACTOR during ! • Construct loll. Page 5 of 20 457-0450 0 • ca [3. Resident Construction Representation,` :1 - time on-sito field observation of the constru activities, C. Preparation of an updated Plant Facilities Operations Manual to addross operation procedures for the composting facilities to be added under this contract, . Aa part of this task, the large, wall-sized piping plan showing all buried piping known to be present at the plant site can be updated if requested by OWNER. D, Regulatory Assistance, During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the 0's compliance efforts. E. Construction Site Visits, If the ENGINEER is requested to visit the project site during construction, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. • 1'". Evaluation of Contractor Substitutions. Performing j investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. This shall include evaluation of alternative equipment submitted with bids for the • project. G. Field layouts or the furnishing of construction line and grade surveys. Page 6 of. 20 457-0450 ' - a~ i t H, Providing shop, mill, field or labor tlaapoctiat, n t. materials and equipment. T. Ass:.stircg the OWNER in claims disputes with Contractor(s), J, Assisting OWNER or Contractor: in the defense or prooecution of litigation in connection with or in f addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by F ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. i. K. Sampling, testing or analysis beyond that specifically included in Basic Services. L. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories renitired for certification of force account construction performed by the OWNER, M. Preparing copies of Conrputer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAL) system. • N. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, i • O. Providing video camera with video tapes of construction 1 phase to be used as a historical record and for operator Ji training. I d Page 7 of 20 457-0450 s • w J 1:... s P. Appearing before reguiatory agencies Iii courts as an expert witness in any litigation with condemnation proceedi:igs arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the r OWNER. E k Q. Providing geotechnical investigations for the site f including soil borings, related analyses and recommendations, r R. Assisting the OWNER during the advertisement phase by distributing contract documents, preparing and issuing ; any necessary addenda, answering questions directly from prospective bidders, reviewing, tabulating, and making recommendations of award of a construction contract. S. Conforming the construction documents for execution by the OWNER and Contractor, T. Preparation of. Construction Record Drawings, Revising the construction drawings in accordance with thri information furnished by construction Contractor reflecting changes in the Project made during construction, One set of reproducible prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER, U. Any additional services required by the OWNER not I included in Basic "e,vices. { [ARTICLE V • RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to unreasonably delay the services of the ENGINEER: Page 8 of 20 457-0450 • ria I Apo a A. Designate in writing a person tC representative with respect to the services to be rendered tinder this Agreement. Such person shall have contract authority to transmit instructions, receive i.nformat ion, interpret and define the OWNER's policies and decision3 with respect. to the ENGINEER's services for the Project. II. Shall consult with the ENGINEER regarding requirement for the Project, including (1) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. C. Assist the ENGINEER by placing at the ENGINEER'S disposal all available information pertinent to the Project including previous reports and any other data relative to design or construrtion of the Project, D, Arrange for access to, and make all provisions for the ENGINEER to enter upon, public and private property as required for the ENGINEER to perform services under this Agreement. E. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, _i • j F. The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. The OWNER shall also make or • arrange to have made the interpretations of data and reports resulting from such investigations, All ousts associated with su(!n investigations shall be paid by the OWNER. Page 9 of 20 457-04SO r l Y 1 r t } iF G, The OWNER shall make or arran I material testing aid sampling required for the project. All costs :associated with such testing and sampling shall be paid by the OWNER, H. Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or inspection trips, I. Hear all costs incident to compliance with the requirements of this Article V. COMPENSATTON A. COMPENSATION TERM 1, "Subcontract Expense" is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. Page 10 of 20 457-0450 • c~ e APP ft r`1+I~WI~~M~M~1 B. BASIC SERVICES i. For and in consideration of consideration of the scope of i? services, Article III, Paragraphs A, H, C and D to be rendered by the ENGINEER, the OWNER agrees to pay based on the schedule of charges shown in f;xhibi.t A, with the total fee not-to-exceed $26,204.00. r c Partial payments to the ENGINEER will be made on the basis ii of monthly statements rendered to and approved by the OWNER,, however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may withhold the final 5 percent of the contract amount until completion of the project. Nothing contained in this article shall require the City of pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract. The city shall not be required to make any payments to the ENGINEER when the ENGINEER is it default tinder this Contract. it is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement: which would require additional payments by • tho OWNER for any cha.ge, expanse or reimbursement above the maximum fee as stated without having first obtained written authorization from the OWNER ENGINEER shall not proceed to perform the services listed in Article '[V Additional Services, without obtaining prior written • authorization from OWNER, • j Page 11 of 20 457-0450 w y1IMM ~ C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of. Charges shown in Exhibit A for the actual hours required. The time requirements and estimated cost shall be. mutually agreed upon in writing by the OWNER and ENGINEER prior to beginning work. Payments for additional services shall be due and payable upon submission by the ENGINEER, statements shall not be submitted more frequently than monthly. D. PAYMENT If the OWNER fails to make payments due the ENGINEER for the services and expenses within sixty (60) days after receipt of the ENGINEER's statement, therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (1*) per month from said sixtieth (60th) day, and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges, Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER'S compensation. Provided, however, nothing herein shall • require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determir9s i that the work is unsatisfactory, in accordance with Article VI "Compensation", subsection B "Basic Services". r Page 12 of 20 457-0450 • • 1wM+M:"r"".e' ~ Apo ArJCLE UII $a-- OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONTRACTOR or any subcontractors. However, the CONTRACTOR will remain an independent contractor of the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. The ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of, construction selected by the CONTRACTOR, or the safety precautions and programs incident to the work of the CONTRACTOR, ARTICLE 'VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER land ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon termination of this Agreement, The ENGINEER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by the OWNER or others, Any reuse by the OWNER without written verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants: • ARTICLE Ix INDEMNITY AGREEMENT • The ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately Page 13 of 20 L 457-0450 I • 0 caused by the negligent acts or omissions of th officers, shareholders, agents or employees in the execution, operation, or performance of this Agreement. p OLI-Xl INSURANCE During the performance of the Services under this Agreement, FNGINEER shall maintain the following insurance and shall name , OWNER as an additional insured on all such policies: A. Comprehensive General Liability Insurance with bodily injury limits o,` not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, -nd with property damage limits of not less than t $100,000 for each occurrence and not less than $100,000 in the aggregate, B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each accident and with property damage limits for not leas than $100,000 for each accident. C. worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident. • ll. Professional Liability insurance with limits of not less than $1,000,000 annual aggregate. E. The ENGINEER shall furnish insurance certificates to • evidence such coverages. The certificates shall contain a prevision that such insurance shall. not be canceled or i modified without 10 days prior written notice to OWNER, Page 14 of 20 457-0450 Y. t r , ARTICLE XIS ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party + to this Agreement without the other's approval, t ARTICLE XII TERMINATION OP CONTRACT This Agreement may be terminated i.y either party upon thirty (30) days' written notice. In the event of any termination, the ENGINEER and ins subcontractors and subconsultants will inunediate?.y cease all services hereunder and will be paid for all services properly rendered and reimbursable expenses incurred ~u the :ate of termination and, in addition, all reimbursable expenses directly attributable to termi.,iation. Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information, In accordance with ,rticle VIII "Ownership of Documents°, upon termination of the Agreement, all documents prepared or furnished by ENGINEER and its independent associates and consultants pursuant to this Agreement shall become the property of the OWNER. ARTICLE XIII SUCCESSORS ARID ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of Much other party, in respect of all covenants, agreements and obligations of this Agreement, Page 15 of 20 457-0450 r ca t Neither the OWNER nor. the ENGINEER shall smian, subletor transfer any rights under or interest in (incl ng, u without limitation, moneys that may become due or moneys that are due) l this Agreement without the written consent: of the other, except to the extent that any assignment, subletting or transfer is mandated r by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of, services hereunder, Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages R 1 to 13 with Exhibits as listed in Article XVI, constitutes the entire Agreement between the OWNER and the ENGINEER and oupersedes all prior written or oral understandings. This Agreement. may only be amended, supplemented, modified or canceled by a duly executed written instrument. AW ICU XIV R RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the. responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy * and competency of their designs or other works nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in che design or other work proparad by the ENGINEER, its employees, subcontractors, agents, and consultants. Page 16 of 20 45'1-0450 v Appel No. &RT-i LE }(V ApNtda NOTICES .,w t All notices, communications, and reports required or permitted under this Contract shall. be personally delivered or mailed to the respective parties by depositing same in the United r States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise F.s notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing. If intended for the OWNER, tc: If intended for the EP'.GINEER, to; City of Denton Gutierrez, Smouse, Wilmut Attn: John Atkins & Assoc., Inc. 901-D Texas Street bttn: Charles G. Wilmut, Denton, Texas 76201 P.E. 11117 Shady Trail Dallas, Texas 75229 ARTICLE XVI A. The following exhibits are attached to and made a part of this Agreement; EXHIBIT A - Schedule of Charges B. A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall. not affect the waiving party's rights with respect to any other or future breach, C. Upon t^rmination of this Agreement, ENGINEER shall , • provide OWNER with reproducible copies of all completed or partially completed engineering documents prepared under this AGREEMENT. Page 17 of 20 457-0450 , % 7 , • r r A"* OL ABMM MM D, ENGINEER agrees that, OWNER shall, u of the three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that OWNER shall have access during normal working ).ours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. 4 E. Venue of any suit or cause of action under this Agreement shall lie in Denton County, Texas. F. For the purposes of this Agreement, the key persons who will perform most of this work hereunder shall be Charles Wilmut, P.E.,Pritlcipal, Michael Mikeeka, P, E., Project Manager and Terrill Miller, Design Engineer. However, nothing herein shall limit ENGINEER from using other qualified and competent members of their firm to perform the services required herein. G, The captions of this Agreement are for informational purposes only and shall not, in any way affect the substantive terms or conditions of this Agreement, This contract is executed in four counterparts, I ~I Page 18 of 20 457-0450 c 1 c^ r: • IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized Mayor and ENGINEER has executed this Agreement through its duly authorized undersigned officer on this the day of October, 1995. CITY OF DENTON, TEXAS Bob Castleberry, Mayor ATTEST: Jennifer Waltzers, City Secretary by: i APPROVED AS TO LEGAL FORM; City Attorney • by: GUTIERREZ, SMOUSE, WILMUT & ASSOC., INC. Engineer ATTEST; r r*om u Charles G. Wilmut, President page 19 Of 20 457-040 5 I, • • A~ IM Apo No 00 EXHIBIT A GUTIERREZ, SMOUSE, WILMUT & ASSOC., INC. SCHEDULE OF CHARGES 1995 Category Average Billing Rate/Hour Clerical $36,00 Drafter/Technician $54,00 Design Engineer $72.00 Project Manager $84,00 Principal $108,00 Billable rates are based on direct pay " cost times a multiplier of 3.0. Range of billablk- ces adjusted annually. A multiplier o5 1.10 will be applied to all subcontract and direct coat expenses. • Page 20 of 2G 457-0450 • • j A. n \t j 1 1 [ )3~`~'' 1 r,1 N i • r C-A Iyyb UA1`I 1 HL. IMHHUVLMLN 1 h'HUJLU I 0 &b-U4(1-U5 JAW* "06 Ms, PROD TITLE: (I) 1995 UPGRADE INTERCEPTOR 110% tll ( ESTIMATED COST: $565 (x 1000) GROUP ASSIGNMENT; 4 DESCRIPTION: Upgrade the Cooper Creek Intercep!nr. i I i PURPOSE: To Increase capacity of the Inte, :eptor and prevent sewage backup Into surrounding area. COS, Design Estimate $ 56,000 CALCULATION: Construction Estimate $510,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (In Dollarn x 1000) First Qtr. Second Qtr, Third Qtr, Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1996 0 0 65 5 0 0 0 60 1996 0 0 0 0 510 200 0 310 1997 0 0 a o 0 0 0 0 C ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL IST YA $55 $0 $0 so $56 $65 $0 $0 $0 $55 TOTAL 2ND YR 510 0 0 0 610 510 0 0 0 510 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $585 $0 $0 $0 $665 $565 $0 $0 $0 $566 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT 0 • Land Purchase $0 Surveying 01196 $16 8663 Engineering Design 03195 $56 85M Inspection 06198 $40 8682 Construction 05198 $454 9138 ENCUMBERANCE TOTAL $665 r COMMENTS: This Is a mu"ar project beglnning In 1996. Encurnberanoes pr or to 19966 5686'000 Current CIP Total Project Budget $586,000 EXHIBIT II 1 4113194 8,32 Pg 6 1IAt e1 1',° Hil s r 1996 CAPITAL IMPROVEMENT PROJE # 96-0471G05 - - - - - - T PROJ TITLE: (1) COOPER CREEK UPGRADE INTERCEPTOR & INFILTR t~*MWDMi~ ~ f ESTIMATED COST: $526 (x 1000) GROUP ASSIGNMENT: 4 DESCRIPTION: Repair Ill detects and upgrade portions of the Cooper Creek Sanitary Sewer Basin Identified In the Sanitary Sewer Evaluation Survey produced by ADS. PURPOSE: To correct Infiltratlon/lnflow and increase capacity of the interceptor. Also preventing sewage backup Into surrounding areas, COST CALCULATION: FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES (In Dollars x 1000) First Qtr, Second Qtr, Third Qtr, Fourth Qtr, ENC EXP ENC EXP ENO EXP ENO EXP 1996 132 132 131 131 131 131 131 131 1997 0 0 0 0 0 0 0 0 1998 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $625 $0 $0 $0 $626 $526 $0 $0 $0 $625 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $526 $0 $0 $0 $626 $526 $0 $o $0 $525 ENCUMBERANCE DATE$ Encumbered as spent PHASE DATE AMOUNT OBJECT# • General Purchase General Purchase Inspection Construction j Miscellaneous As Spent $525 1 ENCUMBERANCE TOTAL S526 rr' COMMENTS: v<: 911206 16:47 P 7t.> LLL S:M1 t'. i t ~7t1 C ~,1 ~'A w r i t DENTON F i 't oaooa~ odaa000 0 cl~ C= D G7 cJ 3 d 0 000 o0oo 00000 aa~aa CITY COUNCIL r 1 s CITY C UNCII, REPORT FORMAT DATE: November 19, 1995 TO: Lloyd Harrell., City Manager FROM: Jerry Clark, Director of Engineering and Transportation SUBJECT: Consider 2 hour parking restrictions on Elm, Cedar, Pecan, and McKinney streets directly adjacent to City Hall west and to provide for customer parking 8:00 a,m, to 5100 p.m. Monday through Friday heading east approximately 250 feet j2ECOMMENDATIONi Staff recommends approval, SUMMARY/BACKGROUNI)_L This location, previously the Police Department, was established to provide a "one stop" for developers, :WIders, etc, The parking designation is to facilitate customers and busineaaes on the square, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: _ Planning Department, Engineering and Transportation Department, City of Denton customers, and busineanca on the square gISCAL IMPACTI $200 for signage RESPECT -/LY SUBM T a R oyd V. Harrell City Manager Prepared by: •/~""o?/ Administrative Secretary • Approved: JoK C ar D1 Ifatorn Engineering & Transportation AEE004DB r i ' F ~ I' • 1 #Palo M MEMORANDUM DATE: November 14, 1995 T0: Rick Svehla, Deputy City Manager PROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Parking designations at City Hall West City Hall West, at 221 N, Elm, opened recently for business. Parking is limited and staff proposes 2 hour parking, except for handicap parking, limitations in all public parking spaces, This will facilitate City of Denton customers as well as customers to businesses on the square, Employee parking is located in the parking lot on the north side of McKinney street. City of. Denton vehicles will park in the lot adjacent to the Central Pi.re Station on Cedar street, Staff recommends approval, • 1I i ARE00606 r 1 f ti c fit;. ,'n ~1`~ ` ~1 E ~r p ~,y'f~ 'n~I,~ 1'4 . f~af~(~'~ 'I} ~ I • • AWAN M1. Traffic Safety Commission Memo AP* No October 31, 1995 mob& page 8 ITEM. #7 CONSIDER 2 HOUR PARKING RESTRICTIONS ON ELM, CEDAR, PECA AND MCKINNEY STRUTS DIRECTLY ADJACENT CITY HALL WES AND TO PROVIDE FOR CUSTOMER PARKING 8:00 A.M. TO 5:00 P.M, MONDAY THROUGH FRIDAY HEADING EAST ©MMIMATELY 250': This request is by the City of Denton, The Planning and Development Department and the Engineering and Transportation Departments are moving to City Hall West (Development building) the week of November 13, 1995. The plan and memo to City P.mployees as to proper parking policy is enclosed. The basic scheme is that the Commission needs to look at the area directly around the building located at the intersection of McKinney and Elm Streets, on the northwest corner. The plan is to have all the parking around City Hall West limited to 2 hours between 8:00 a,m. and 5;00 p.m. Monday through Friday. This provides the best parking access for customers (citizens). Employees will park in the north lot across the street. City vehicles will park In the rock lot off Cedar street next to the fire Department. Staff recommends approval of these timed parking request around City Hall West on Elm, Pecan, Cedar, and Mckinney streets. I • + 1 AE8005F'E , I I Z ,e i,~ f11 s r.n ~rrww+Min .n .'71 , , 1 l`~11i 4 1fk~ 1 , d; .li rll d7 G v t o a~a a~ DtM .......,r-..w. r+..~... TSC Minutes November 6th, 1995 page 9 ITEM 7 CQNSIDgK TWO HOUR PARKING RESTRICTIONS ON ELM, CEDAR. PECAN, AND CM KINNEY SIR IS DIRECTLYYAA IOACENT TO CITY INA WEST AND TO PROVIDE FOR CUSTOMER PARKING 8:00 A.M. TO 5:00 P.M. MONDAY THRgTLQK-FRI Clark said this is City Hall West. This is where the City is moving all of the departments associated with development, it's the old police station and in 1930 .was City Hall. Elm, Cedar, Pecan, and McKinney which turns into Pearl streets run next to the building. The intent of this is to put all the parking around the building for customers, It doesn't have to be City customers, it can be other buninesn parking as long an they leave in 2 hours. The intent is to make it available parking for those on the Square, It's also to show cuetomcrn that come to City Hall West their convenience and safety is the moot important not staffs. The regulatory spaces are on Elm stra)t between Pecan and McKinney. There are 20 spaces on the south side of the building which was once Pecan. It was temporarily closed with the Police building There are a couple spaces on Cedar street directly on, about 6 head-in spaces, and on the north aide there are five spaces and one handicap space, Handicap spaces are not 2 hour limited but all the others would be. City vehicles would park in the lot next to Central Fire. Employees will park across the street in the north parking lot and will. hold 59-60 carn, Employees will cress at the crojawalka on McKinney/Elm and McKinney/Cedar. Most of the parking around the building will he for customers. There will be name 24 hour parking available for those who live in apartments on the square. It's the same lot where City vehicles park which nhouldn't b.y a problem since approximately 5 vehicles are currently using it. Miunis asked if there was anyway parking could be eliminated on North Elm? Clark said yes. Personally, it doesn't seem to be necessary, Minnis said doors open into traffic. Clark said th, places restricted are up above at the corner of a business which requested it. It was an inset. It hasn't been done up and down. Minnie said that would be a goal to keep an many vehiclea off main streets an possible, If there is a wny to eliminate pparking, it would stay within the guidelines for other things. Clark said if you feel that is adequate, you should do that, Fie wouldn't recommend it. Devine said that can't be addressed because it wasn't on the agenda. TDC in addressing the 2 hour parking. You can bring that up later, STAFF RECOMMENDED: Approval COMMISSIONERS: Bacon made a motion to approve the 2 hour parking for these designated spaces. Luce ascended the motion. Motion passed unanimously, AEE006I 1 tv • c> • • 1/1::: 0' SO SPACES FIRE STATION AND EMPLOYEE PARKING Lli P G Q C HALL T 2 HR. CUSTOMER PARKING 1 J f~ » mr w 4bA0 ~W6 ,xONF 111 1199111 IMF UL Pao- - - • wm a iw anww mom wvim m PECAN A LA-j 1 y ~ 1t!A °'\WPDXS\ORD\TWJHR.PKG A9016 Nt Appear Rom C ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES FOR MORE THAN TWO HOURS ON CERTAIN PORTIONS OF ELM, CEDAR, PECAN AND MCKINNEY STREETS AND CERTAIN PARKING SPACES ADJACENT THERETO AND CITY HALL WEST BETWEEN THE HOURS OF 8:00 AM THROUGH 5:00 PM MONDAY THROUGH FRIDAY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle, for more than two (2) hours between the hours of. 8:00 AM through 5:00 PM Monday through Friday, upon the following portions of the following streets and parking spaces, in the City of Denton, to-wit: The west side of Elm Street between Pecan Street and West ` McKinney Street; The parking spaces adjacent to Pecan Street between North Elm Street and Cedar Street; The east side of Cedar. Street between Pecan Street and West McKinney Street; The parking spaces adjacent to the east side of Cedar street i between Pecan Street and West McKinney Street; and _r The parking spaces adjacent to the north side of city Hall West. $EEQ~TTON II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and f punished by a fine not to exceed Two Hundred Dollars ($200.00). i S_gC'TZ94 III, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City b Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION Ly,_ That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. ~ O 1 ' L 1 I r 1 r~l. 1 .I I S Y 1• ~yAWAI 11O SECTTVN Vt That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Searetary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY s BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~ 4~ b .uy J A j i r r. 0 r tl DEINTON f { OD~pp~~QQpp00 00 ~ o Doti ooh o ED ` a a o CUO~~ Opp 00 a N c ~ oo ~ 'ooooa oooQO anaofl CITY COUNCIL r a~ r. • • ^Y^^^Ap * tYAI Nov 21 1995 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS oi~ THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF A RESOLUTION SUPPORTING SETTLEMENT OF ISSUES AFFECTING TMPA CITIES AND AMENDING THE POWER SALES CONTRACT, DIRECTING THE MAYOR, CITY MANAGER, AND DENTON'S TNIPA BOARD MEMBERS TO WORK DILIGENTLY ON BEHALF OF THIS COMPROMISE RECOMMENDATION: The Staff recommends approval of the 'fMPA compromise resolution: SUMMARY: For sometime there has existed disputes between the "FMPA cities regarding allocation of TMPA power and energy plus between the 'fMPA cities and TMPA regarding setting of rates :titer the Gibbons Creek plant is converted to use Wyoming Coal and regarding TMPA Power Sales agreement provisions that prohibit the cities from independent development of their own power generation systems. After almost a year of constant negotiation a compromise has been reached between 'I'MPA, the four Mayors, four City Managers and three of the Utility Directors. Only Greenville's Utility Director is opposed, In the compromise resolution the cities would agree to do the following: L Entcr into an amendment to the 'fMPA Power Sales agreement which will allow each city to seek whatever power supply option they deem appropriate for their city. • 2. Firmly fix the allocation of power and energy from TMPA as follows: Proposed Previous Greenville - 10% 9°io Bryan - 21.7% 22% Denton - 213% 22% • Garland - 47.0% 47% 3. Request that each City Council instruct their TMPA Board members to set the j TMPA rate tier power and energy at the lowest possible level on an annual basis i and allow each city to set up a debt reduction account to mitigate the impact of TMPA's future increasing debt service. , Q • 1 CITY COUNCIL A©EMA ITEM Page 2 Apt* ~~,,....r.~ Ago" Wo 4. Require each city to he irrevocably responsible for it's percentage share of future TMPA costs, The staff believes this is a good compromise and will be very beneficial to Denton. It will allow Denton to proceed with plans for its future power supply. It will also save Denton over $750,000 in lower allocation of TMPA power and energy Enclosed are the resolutions either passed or proposed by Bryan, Garland and Greenville. Respectf y Submitted- Lloyd V. Harrell, City Mana r Prepared by: / R.E. Nelson, Executive Director Utilities 0 • • CITY COUNCIL AGENDA ITEM Page 2 Aorwil No. APMA Item D* 4. Require each city to be irrevocably responsible for it's percentage share of future ,rh4PA costs. The staff believes this is a good compromise and will be very beneficial to Benton. It will allow Denton to proceed with plans for its future power supply. It will also save Benton over $750,000 in lower allocation of TMPA power and energy Enclosed are the resolutions either passed or proposed by Bryan and Garland. Respeclf ly Submitted: Lloyd .Harrel}, L'ity Man er Prepared by: R.E. Nelson, Eseculive Director Utilities 7 1 • B-AN P[A': S\HHS\TNPA.SES AWAI M1. AW* 1 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SETTLEMENT OF ISSUES AFFECTING TMPA CITIES AND THE AMENDMENT OF THE POWER SALES CONTRACT! DIRECTING THE MAYOR, CITY MANAGER, AND DENTON'S TMPA BOARD MEMBERS TO WORK DILIGENTLY ON BEHALF OF THIS COMPROMISE; AND PROVIDING AN EFFECTIVE DATE. S ' WHEREAS, the member cities of Texas Municipal Power Agency ("TMPA"), Bryan, Denton, Garland, and Greenville, have been long- time public power allies; and WHEREAS, the Cities of Bryan, Denton, Garland, and Greenville have jointly entered into a Power Sales Agreement governing the jointly owned TMPA; and WHEREAS, certain disagreements have risen about the methodolo- gies of application of the Powor Sales Agreementf and 5 WHEREAS, the four allied cities wish to amicably resolve all of these disagreements; and e WHEREAS, the City Council of the City of. Denton believes that a fair and equitable resolution of each of the issues can be reached and that it is in the beat interest of the citizens of the City of Denton to reach an agreement with the other cities and to provide for the amendment of the Power Sales Cortract to effect the agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton conceptually endorser the following compromise of the issues Of percentages for the member cities, rate/debt reduction and flexibility as follow-: The percentages for the member cities shall be fixed as follows: Greenville - Ten percent (10%) Garland - Forty-seven percent (47t) Denton - Twenty-one and three-tenths percent (21.30 Bryan - Twenty-one and seven-tenths percent (21.7%) The TMPA Board shall adopt the lowest possible rate for power • and energy on ar, annual basis (utilizing the mechanisms • outlined by Fulbright & Jaworski and First Southwest, provid- ing each city with the opportunity to establish a debt reduction account with TMPA thereby mitigating the impact of increasing debt on the city). • O a .ivr. • rlr ~ ~ r • A*** 0. AO" ft P.ach member city will have the option to acquire power and energy for its future needs through any means it deems reasonable. Ranh member city will support default provisions. The Power Sales Contract shall be amended to incorporate the resolutions of these issues, SECTION II, That the City Council of the City of Denton hereby authorizes its Mayor, City Manager, and TMPA Board members to work diligently in furtherance of this compromise detailed in Section I of this resolution, and to take all actions necessary to facilitate the implementation of the compromise, SECTION III. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORMS HERBERT I,. PROUTY, CITY ATTORNEY • BY. PAGE 2 ' r r t ~ t 5 5 re, r 1 if. • • t ~j ~'k': ra • II 13, 05 17 ai, $~qll 9:1 11H CITY dTr. BRYAN' ft Dab Y. c. RE-SOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS SUPPORTING SETTLEMENT OF ISSUES AFFECTING TMPA CITIES AND AMENDING THE POWER SALES CONTRACT; DIRECTING THE MAYOR BRYAN'S TMP , CITY MANAGER A BOARD AND MEMBERS TO WORK DILIGENTLY ON BEHALF OF THIS 1 COMPROMISE; AND PROVIDING AN EFFECTIVE DATE, f: WHEREAS, the member cities of Texas Municipal PowerAgeney (TMPA), Bryan, , Denton, Garland, and Greenville, have been long time public power allies; and WHEREAS, the Cities of Bryan, Denton, Garland, and Greenville have jointly F entered Into a Power Sales Agreement governing the jointly owned TMPA; and t WHEREAS, certain disagreements have arisen about the methodologies of application of the Power Sales Agreement; and WHEREAS, the four allied cities wish to amicably resolve all of these disagreements; and 4 WHEREAS, the C1ty Council of the City of Bryan believes that a fair and equitable resolution of each of the Issues can be reached and that It Is In the best Interest of the F citizens of the City of Bryan to reach an agreement with the other cities and to provide for the amendment of the Power Sales Contract to effect the agreement; NOW i THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 017Y OF BRYAN, TEXAS THAT: 1. The City Council of the City of Bryan conceptually endorses resolution of the c 1 following compromise of the issues of percentages for the member clues, rate/debt reduction and flexibility as follows; The percentages for the member cities shall be fixed as follows; Greenville Ten percent (10%) Garland Forty-seven percent (47%) Denton Twenty-one and three-tenths percent (21.3%) • Bryan Twenty-one and seven-tenths percent (24,7%). • • The TMPA Board shall adopt the lowest possible rate for power and energ on an annual basis (utilizing the mechanisms outlined by Fuibright 6 JaworskkI and First Southwest, providing each city with the upportunhy to establish a debt TMPA Ammon Pops 1 • 4 1 4 i. I i i , ll 10 95 1740 0409 821 3109 CITY ATT. BRYAN OOg/OIO Apo* 1k UIM "fir ~ reduction account with TMPA thereby mitigating the impact of increasing debt on the city). Each member city will have the option to acquire power and energy for Its future needs through any means it deems reasonable. Each member City will support default provisions, The Power Sales Contract shall be amended to Incorporate the resolutions of these Issues. 2, The City Council of the City of Bryan hereby authorizes its Mayor, City Manager, and TMPA Board members to work diligently In furtherance of this compromise dotailed In Sectlon 1 of this Resolution, and to take all actions necessary to facilitate the t implementation of the compromise. , 3. This resolution shall be effective Immediately upon adoption. APPROVED AND ADOPTED by tho Cify Council of the City of Bryan, Texas, this 14th day of November, 1996. ATTEST; 3 Mary Lynne Galloway, City Secretary Lonnie Stabler, Mayor APPROVED AS TC FORM: • Alexis A Wa , lter, lli, City Attorney rAWA ResdoHon Page 2 1 t • 1 4 "r [ sF' y it ; IA T. • 0 I1/14i85 15: J8 V214 205 2504 CITY !MANAGER Z002 A«O& Mo, ApwMr tttm DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS SUPPORTING SETTLEMENT Or ISSUES AFFECTING TMPA CITIES AND AMEND"NG THE POWER SALES CONTRACT; DIRECTING THE MAYOR, CITY MANAGER AND GARLAND'S TMPA BOARD MEMBERS TO WORK DII.IGTNTLY ; ON BE AL)a OF 110 COMPROMLSEt AND PROVM AN EFFECTIVE DATE. WHEREAS, the member cities of 'texas Municipal Power Agency (TMPA), Garland, Bryan, Denton, and Greenville, have been long time public power allies; and l' t WHEREAS, the Cities of Garland, Bryan, Denton, and Greenville have jointly entered into a 'i Power Sales Agreement governing the jointly owned 'TMPA; and ; WHEREAS, certain disagrecmcuts have arisen about the methodologies of application of the Power Sales Agreement; and W'HERF.AS, the four allied citi,.s wish to amicably resolve all of these disagreements, and WHEREAS, the City Council of the City of Garland believes that a fair and equitable resolution of each of the issues can he reached and Mat it is in the best Interest of the citizens of the City of Garland to reach an agreement with the other cities and to provide fnr the amendment of the y Power Sales Contract to effect the agreement; NOW THEREFORE, " n BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS; 11 is Section I That the City Council of the City of Garland conceptually endorses resolution of the following compron.1se of the issues of percentages for the member cldes, rateldebt reduction and flexibility as follows; The percentages for the member cities shall be fixed as follows; Greenville Ten percent (109b); Garland Forty-seven percent (47%); Denton Twenty-one and three-tenths percent (21.3`1'n); and Bryan Twenty-one and seven-tenths percent (21.7%). 3 TMPA will establish rates to cover operating and debt expenses only and each city will have the option to establish its own debt reduction or rate mitigation fund for defeasement of debt from TMPA net revenue (revenue less expenses), Resolution • TMPA Page 1 (I.mw>u t~vi..noraoo.omt, unl,r~e~ not 11/14/95 15:37 IM214 205 2504 CITY WAGER FJ~ AMaM 1M - AP06 No Ode Each member city will have the opnun to acquire power and energy for its future needs through any means it deem reasonable. leach member city will support default provisions that provides for indemnification for non-defauldrIg cities by any defaulting city. The Power Sales Contract shall be amended to incorporate the resolutions of these issues. Section 2 That City Council of the City of Garland hereby authorizes its Mayor, City Manager, and TMPA Board me4nbers to work diligently in furtherance of this compromise deWl:d in Section t of this Resolution, and to take all actions necessary to facilitate the implementation of the compromise. Section 3 That this resolution shall be tuui become effective immediately upon and after its adoption and approval. PASSED AND APPROVEb his the day of 1995, TFEE CITY OF GARLAND, TEXAS Ry, Mayor ATTEST: City Secretary 9 ResolutionJV WTUWy~?A Page 2 • r 11-15-1995 09133RM FROM CITY OF GRSENVILLE TO 918175668?36 P,02 AIM01 IINrt Do, CERTIFICATE OF CITY SECRETAR I a 3 THE STATE OF TEXAS COUNTY OF Ht1NT ) WY OF OREENI?LLE Patti Me"WI, the #uly appointed, qualified and eeng CO Secretary in and thr Hie City of Greenville, Texas, a municipal corporation duly organized and exlsdng under and by virtue ofthe laws of theIStste of Texas, do oerrtiify that the above, bW*ng and attached Is a true, accurate and co"d oopy of the original Resok*n No. 95-220 of the said City of Gmen4s, 7 axes, adooed by the City Counc# of the $auld City of Gr"nMe, Texas, on the 14th day of Novemb¢r, 1995, and duly recorded In the offal minutes of said City CounGl meeting, WITNESS MY HAkD AND SEAL OF SAID CITY, this the 15th day of November, i 1995. 3 i i v Q Pact! Mefrell, City Secretary In and for , the City of Greenville, Texas Qjj~ ~1 )1 U1ii iA • Q • 11-16-1995 09!33RM FROM CITY OF GREENVILLE TO 916175666236 P.03 RESOLUTION NO.. 95-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS SUPPORTING SETTLEMENT OF ISSUES AFFECTING TM~A CTTIES AND AMENDING THE POWER SALES CONTRACT; AN-6 PROVIDING AN EFFECTIVE DATE t WHEREAS, the rdember cities of Texas Municipal Power Agency (TMPA) have been struggling with the issues of how to share the power and energy and expenses of the power plant, how to achieve afl'ordableiand competitive rues and provide for debt reduction; and how to. efficiently provide for future power production and supply; and, r, WHEREAS, after much discussion, the City Council of the City of Greenville believes that a fair and equitable resolution of each of the issues can be reached and that it is in the best interest . of the citizens of the City of Greenville to reach an agreement with the other cities and to provide for the amendment of the Powell' Sales Contract to effect the agreement; aNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVELLE, TEXAS: 4 SECTION 1. The by Council of the City of Greenville conceptually supports resolution of the issues of percentageslfor the member cities, ratetdebt reduction and flexibility as follo-m The percentages forithe member cities shall be fixed as follows: Greenville Ten percent (10%) Garland - Forty-sevoa percent (470K) Denton Twenty-one and three-tenths percent (21.3"/0) and Bryan Twenty-one and seven-tenths percent (21,7%), z The TMPA Board shall adopt the lowest possible rate for power and energy on an annual basis (utilizing the mechanisms outlined by Fulbright do Jaworski and First Soul''~est, providing each city with the opportunity to establish a debt reduction account with TMPA • thereby mitigating the impact of increasing debt on the city). Each city will have the option to acquire power and energy for its future needs through any means it deems reasonable, Each member City will support default provisions. ® • • The Power Sales Contract shall be amended to incorporate the resolutions of tttesr, issues. 11/14/95 Resolution Supporting 5etdem:et of TADA Issues Page t '04T.P wm VA l rm1wipnim, M, .J I 1 1 11 '1 1 ( t'. l l i 1. f1 0 t 11-16-1995 09:34M FROM CITY OF GREENVILLE TO 918175668236 P.94 j' Apr* 110. .rr SFC11ON 2. This Resolution shall be effective immediately APOFrM aRtr its passage xn3 adoption. ' PASSED AN r APPROVED, this the 14th day of November, 1995. i~•C-27' tit Sue Ann Harting, Mayor ATTEST. Patti Merrell, City Secretary APPROVED AS TO FORTH: adw Q-4. 6 Gdy W Smith, City Attorney r 11/14/95 Resolution Supporting Settlement of rMPA Issues.. Pagc 2 d,hlpAla~no.45raump►4ures 1 . • S L 1 '1 V}i i/t X11 Ilt. 'r 4 ~1°~ 11 9 I~° 11311 IS2 A~Yty V'~ti'~~i rA 1, t v el tl9 1 PJ 0 Y7{ v~ y4y{ ~1 (p1 S tt DENTON 3 poo~~o ,tip oar °°oo OF D 00 ~ ooo cz, ° ° r-, ,s o 0 flE: dQOO ~ N ~ OpOO 1 Qoaoooaoo F,. t 3 CITY COUNCIL 1 r i 'f 1 r ` , i l I t. a ' I 1 ' CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE817.566.8309 Ofte of the City Secretary 1 MEMORANDUM DATE: November 16, 1995 TO: Mayor and Members of the City Co nail FROM: Jennifer Walters, City Searetar SUBJECT; Agenda Item 011. Information for this agenda item will be supplied under separate cover. i 1 "Dedlcated to Qualtiy Sevtce" X141 a -h, ! ~ 3 r'ytl ~ry ty 4~Jt~ 5~,'Y~l r' r ~ I r Zt V fi ~ +d t,tr, t i )~i i z r la to *r f~h t} tK 511 r f l {r~5+>. '4{~,+j~ r i 111110 lip lit 6-2 pow Ei :j CITY OF iDENTON, TEXAS MUNICIPAL BOLDlNQ ~ DENTON, TEXAS 76201 ~ TELEPHONE 617-566.6309 ONke of the City Secretary MEMORANDUM DATE: November 160 1995 TO., Mayor and Members of the City Council FROM, Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: Keep Denton Beautiful Board - Candice Salomone has resigned. This is a nomination for Mayor Pro Tem Biles. Traffic Safety Commission - Eric Jackson has resigned as he has moved from the City. This is a nomination for Council Member Krueger. Sign Board of Appeals - Mark Chew has resigned. This is a nomination for Council Member Brock, If you require any further information, please let me know, Qcl~ J n fer a s C t Secreta • ACCOOOF4 • 'Oe&aud to QuaNry &nike" r ` F. 0 r, o w 0 L i~ f DENTON r I r } D ~ t ~ 0 © ~ O E OD ~ ~ QO ~ Q ~DO~roN ~c~~'Od0 ooooa Qoooo DODO X CITY ,0UNC'IL r a M a~ ~M CITY COUNCIL REPQRT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. I larrell, City Manager SUBJEC : 'l'ax Abatement Committee RECOMMENDATION; Staff recommends that the City Council appoint two City Council members and one staff person to the'fux Abatement Committee, SUMMARY, The Tax Abatement Committee will work closely with the Denton Independent School District ti and Denton County in reviewing tax abatement applications and making recommendation to the ('it), Council for approval or denial ofeach application on a case-by-case basis. I BACKOROUND: The City of Denton, Denton Independent School District and Denton County developed and adopted the City's existing tax abatement policy in May 1990 (copy attached). The policy requires that any requests for tax abatement shall be reviewed by a joint committee, said committee being comprised of Iwo elected officials from each of the taxing entities involved. Additionally, one staff person from each jurisdiction shall he appointed to serve as a nonvoting, ex officio member of the committee. The original committee members appointed by the City of Denton were Council members Bob Gorton and Hugh Ayer and City Manager Lloyd Harrell. The City of Denton has not received a request for tax abatement since adoption of the policy; and therefore, it has not been necessary for the committee to meet. However, I believe the Council should consider appointing new committee members at this time so that the committee would seated and prepared to review a request should one be submitted, 4 l.,lo d V. 1[arrcll City Manager O • • t ywI M- DENTON POLICY FOR is TAX ABATEIIENT yJ I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County are committed to the promotion of high quality development in all parts of the city and to an ongoing Improvement In the quality of life for its citizens. Insofar s as these objectives are generally served by the enhancement and expansion of the local %F. economy, the City of Denton, DISD, and Denton County, will on a case-by-case basis, give consideration to providing tax abatement as a stimulation for economic development in Denton. It is the policy of the City and DISD that sale consideration will be provided In accordance with the procedures and criteria outlined if thla document. Nothing lj s herein shall imply or suggest that the City, DISD or Denton County are under any ~Y if obligation to provide tax abatement to any applicant. Ail applicants shall be considered F ; Iz on a case-by-case basis. Tax inducements, as described in this policy, will be considered for new, I' expanding and modernizing basic industries, corporate office headquarters and distribution centers. II. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the t • taxing intities involved. One additional staff person from each jurisdiction shall be appointed to serve an a nonvoting, ex officio member of the committee. A 1 The Joint Committee on Tax Abatement serves as a recommending body to the taxing k ® entities regarding whether economic development incentives should be offered in each individual case. Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format; 1 ~ I • . a AW41 No { tlw 1. History and Philosophy of the firm; t a) Nature of products and geographic penetration. 4s b) Financial statements for past five years or life of firm whichever is' shorter, c) Chronology of plant openings, closings, k relocations over past 15 years. d) Record of mergers and financial restructuring during last five years, e) Record of employment and training provided for handicapped and chronically unemployed. 2. Project Specifications: a) Provide plat of project including all roadways, land use and zoning within ` 500 feet of site. Legal description of site is required. b) Is the project a relocation or new facility to 'expand operations. If relocation, give current location. C) Project Investment in real and personal property at the above site for each of the next ten ,years. d) Project permanent employment for next ten years resulting from the new investment. Indicate number of jobs that will be filled by people from outside the metroplex. Include estimated average annual salary on new jobs. c) What Is the total current payroll and the projected payroll when project ,j is completed. r" f) Describe employment training requirements including provisions for training handicapped and chronically unemployed if applicable. yg) Project utility (gas) electricity, water, etc.) usage for each of next ten years, h) Estimate the infrastructure (streets, sewar, water, etc.) requirements t • necessary to operate the new facility. 1) Estimate the annual operating budget for next ten years. J) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? F • k) Give the name, address, and telephone number of contact person. 4', • • 3. The community impact of the project: r Project the value of real and personal property that will be added to the tax rolls. 2 • • f- a • b) Using current rates estimate the additio TaXeB^t2 reo generated by the project without considers each of the affected taxing entities for eae or Ine next en years. t c) For each taxing entity indicate the amount of tax abatement requested for s each of next ten years. ti d) Estimate the increase in investment In other local businesses resulting from the project for the next ten years. e) Estimate the increased housing needs in the area resulting from the project for ten years. f) Estimate the increase in the tax rolls for each taxing entity for the next ten years. ,S g) Estimate the infrastructure construction that would be required because of the growth resulting indirectly from the project. h) Provide the specific detail of any businesses/ residents that wilt be displaced and assistance that will be available from the requesting entity, i) Estimate the Increase In students by grade level resulting from the S project Including the multiplier effect (indirect growth) for the next ten years. Show the increase for each impacted school district. i. j) Provide description of any historically significant area included within ` the project's area. If any, give detail of haw the historically significant area will be preserved. 1 k) Provide information of any detrimental effect on existing busine.-ses, recreational areas, and residential area. ; 1) Provide details of any benefit to an area of the community targeted for- revitalizatlon/ redevelopment. ,a III. VALUE OF INCENTIVES The criteria outlined in Section II will he used by the Joint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing • entitles to recommend that tax abatement be offered to a particular facility. Specific considerations will Include the degree to which the Individual project furthers the goals and objectives of the community, as well as the relative Impact of the project. New, • expanding and modernizing businesses will be eligible for abatement if the minimum • M threshold, as described below, is met. 3 r 0 e V s r. t Once a< deteradnetion has been made that a tax absteme value end ta the Ow rm of abatement will be determined by refers TABLED Establishes maximum length of abatement according to assessed real property value of Improvements and personal property, MAXIMUM PAAX1MUM VALUEOF jTRIJCTURE YEARS OF PERCENTAGE OF AND F'ERSQNAL PROPERTY ABATEMENT ABATEMENT l00 10 258 80 8 258 F } 65 B 258 So 7 258 35 6 25% 20 5 258 ' i5 4 25% 10 3 258 5 2 258 If an existing business Is located within the boundaries of the participating c furisdictlons andd0cideatoex Pend or relocate within such boundaries, the actual value 1 ! of the structtire shall be multilPlled by 1256 prior to utilizing Table 1, If the expanding ik cr relocsling business is abandoMrIV any property or improvements within the 1 iuris dlctions , the valve of thie abandoned property shall be subtracted from the new value figure p rior t° multiplYing the 'value by 1256. Th' ts:k abatement shall not apPI l' to any portion of the land value of the project. ApPUc%ntsaitr`e~eingtoextendImfrestructure Improvements (streets and utilities) ' to Improve Other Industrial sites which can be marketed by the Chamber of Commerce Economic Development Director may be eligible for a Q'rester tax benefit than those described abOye by "'W12ing tax increment fiuaricing procedures - The offering of such an inducement will be a valuated on a case-by-ceae beau dependent upon the applicant's • II~ ability to sake available improved industrial sites, • E 4 • ca • Alrrlr l•, Preliminary Application f. IV. PROCEDURAL GUIDELINES t' Any person, organization or corporation desiring that ti; a City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest That either the City, or DISD, Is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." P B . Applicant shell address all criteria outlined in Section II above in narrative ; form. 1 ; C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site, D. If the property is described by metes and bounds, a complete legal description shall be provided. E. Applicant shall complete all forms and information detailed in Items A through D above and submit them to the City Manager, City of Denton, 215 E. k McKinney, Denton, TX 78201. Application Review Steps F. All information in the application package detaUod above will be reviewed for 1 • completeness and accuracy. Additional information may be requested as needed. U. The application will be distributed to the appropriate City and DISD • departments for internal review and comments. Additional Information may s be requested as needed. i H. Copies of the complete application package and ataff comments will be i provided to the Joint Committee on Tax Abatement. ,j 5 17 m • AW6 1k ant Consideration of the Apalicatioo 1. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional informudon may be requested as needed. ' a: J. The recommendation of the Joint, %cmmittee on Tax Abatement will be x forwarded, with all relevant materials, to the chief administrative office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment zone. JF L. The City Council of Den.on may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the e. land to be included in the zone and municipality." Special consideration shall be given to policies noted in the Denton Development Plan when designating 1 a tax reinvestment zone. t, M. The City Council of Denton may consider adoption of an ordinance b designating the area described In the legal description of the proposed V project as a commercial/ industrial tax abatement zone. 1 N. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant. t Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the ® agreement. 0 6 O, The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. B • err ~MIM sw 1 t1Mr , Any tax abatement agreement will address various , t limited to, the following; 1. General description of the project; 4 L 2. Amount of the tax abatement and percent of value to be abater' each year; 3. Method of calculating the value of the abatement; t 4. Duration of the abatement, including commencement date and terminate-, it j' date; 5. Legal description of the property; 8. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 1t= 8. The proposed use of the facility and nature of r;onstruution; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment, r, Annual Lvalnation { Upon completion of construction, the Joint Committee on Tax Abatement shall { annually evaluate each facility receiving abatement to insure compliance with the k,. agreement and report possible violations of the agreement to the taxing entities, r I•: Transfer or AggigMnt t' A contract for tax abatement may be transferred or assigned by the original r applicant to a new owner upon the approval of the various taxing jurisdictions after such s ~ a recommendation is made by the Joint Committee on Tax Abatement. 7 • • Aw1e Na AO"ft On APPENDIX A t 3 Definitions ~r A. "Abatement" means the full or partial exemption for ad valorem taxes of eligible properties In a reinvestment zone designated as such for economic development T purposes, 8. "Agreement" means a contractual agreement between a property owner and a taxing jurisdiction for the purpose of tax abatement. t C. "Basic industries" are defined In the Denton Development Plan as those which produce goods or services at least 51% of which arc ;directed to serve penple outside of the City of Denton and are listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-58 n' ~k under retail trade, t, D, "Expansion" means the addition of buildings, structures, fixed machinery, or A equipment for the purpose of increasing production capacity. r E. "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. F • "Joint Committee on Tax Abatement" is a group of representatives from Denton County, the City of Denton, and the Denton Independent School District i 1 formed to study and evaluate any proposal regarding the offering of tax ' • F abatements within the community. The Committee will consist of two elected y representatives from each governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. C. "Modernization" means the replacement and upgrading of existing facilities M • which increases the productive Input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or I I . r r , ~t installation of buildings, structures, fixed machinery, or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance. H. "New facility" means a property previously undeveloped which is placed into service by means other then expansion or modernization. I. "Reinvestment Zone" Is an area designated as such for the purpose of tax abatement as authorized t,y Subchapter S, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated r Jr "Tax iaorement financing" is the use of acme or all of i.leressed property tax revenue resulting from the redevelopment of an area to finance develo?ment-related costs in that district. Tax in ;,pement financing divides tax revenue from the area into two categories. Taxes on the predevelopment value of the tax base (the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are deposited by each Jurisdiction in e tax increment fund. Money in the tax increment fund is used to repay TIF-backed bonds that are issued to finance public improvements in the redevelopment area. j, • I I. 1 2 1 ,t , W ~Mni •1, ( ChM MMt 4Mr APPLICATION FOR TAX ABATF.ZNT I. Property Owner t Mailing Address Telephone Number 2, Property Owner's Representative t Mailing Address Telephone Number f' 3. Property Address Prcpbrty Legal Description (Provide attachments if by metes and bounds) 4. Located within: City of Denton D.I.S,D Denton County _ 5. Description of Project: i8. Date projected for occupancy of project/ initiation of operations: • 7. Narrative response to criteria questions in Section II attached. Yes No Comments s r TAAPLI 0 O r{. E i 1 { ke .DENTON w oaaooooa E~ 5 r ; O °oo 00~ 00Qn O V t DO o Q 0 0 0 Q Q p 000 4, r ~~DO 1p00 0 ~ No QQaaao~- :z • CITY COUNCIL r • • a a ~I i E1~ i • is ~t1• ~t I • j,t I~ tiq ~A. Lo IE f 1 O