HomeMy WebLinkAbout06-30-81
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AGENDA
CITY OP DENTON CITY COUNCIL
i June 301 1981
Special Called Meeting of the City of Denton City Council at 5100
p,m, Tuesday, June 30, 1981 in the City Council Chambers of the
Municipal Building at which the following items of business will be
considered., x
5100 p.m.
1, Executive Sessiont
A. Legal Matters - Under Sec. 2(e), Art. 6152-17 V,A,T,S,
B, Real Estate - Under See. 2(f), Art, 6252-17 V,A,'e.S.
C, Personnel Under Sao, 2(g), Art. 6252-17 V.A.T.S.
1 D. Board Appointments - Under Sec, 2(g), Art, 6256-i7
V,A.T,S,
7100 p.m,
i 2, Consent Agendat
} each of these items is recommended by the Staff and
fff approval thereof will be strictly on the basla'of the iteff,
recommendations, Approval of the Consent Agenda authorises
j the City Manager or his designee to implement each item in
! accordance with the Staff recommendations,
A. Bids and Purchasa Ordarst
I. Sid 1 6906 Manhole vault.
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2, Sid 1 8908 Seleotivi Weed Control
1 3, Purchase Order 4 48031 Highway Machinery Oradall
Repair in the amount of $5,799,12 {
4, Purchase Order 1 47229 Control Components Repair
Parts, Unit 5 in the amount of $10,842,00
5. Purchase Order 1 47232 Control Components Repaid, ,
Parts, Unit 5 in the amount of $3,920,00
6, Purchase Order 1 48507 Supplies for Cleaning
Condenser tubes r
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City of Denton City Council Agenda j
June 30, 1981
Page Two
B, Plats:
1. Approval of the final plat of lot 2, Bandy
Addition. (The Planning and Zoning Commission
recommends approval.)
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2. Approval of the final replat of lot 1-R, Last
McKinney Street Addition. (The. Planning and
Zoning Commission recommends approval.)
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3. Public Hearingst =lp r
A. 2-1499. This is the petition of the City of
Denton Planning and Community Development
Department requesting annexation of a tract ;s
approximately 479.47 acres in size. The tract
begins along the east side of MayhillRoad
approximately 2,350 feet south of East McKinney y
Street. This general area is known as the 1
Hayhill Community. (The Planning and Zoning °
Commission recommends approval,) i
B, Z-103. This is the petition of EMI'If*
Cunningi.% requesting a change of zoningq free
agricultural (A) to commercial (C) classiffastlbh
on a tract approximately 1.8 acres in vise
located along the west side of I,H, 3S beginning
approximately 220 feet north of F,M, 1173, (The
Plannin and Zoning commission recommends
approval.)
10 Adoption of an ordinance changing the zoning
from agricultural (A) to commercial (C)
classification on a tract approximately 18
acres in size located along the west side at
Y.H. 35 beginning approximately 220 feet
EE north of F.M, 1173. (2-1493)
f C, 2-1494, This is the petition of Barry Wachal
requesting a change of zoning from two family,
j parcels olocsingle ated on ithe ( west } side ~i of c Parkside
Drive, and more particularly described as lots
i 11, 121 13, 140 15, 16, 17, 18 of Phase 1-Al
North Lake Park Addition, (The Planning and
zoning Commission recommends approvals)
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1. Adoption of an ordinance changing the zoning
from two family (2-F) to single family
(SF-7) classification on parcels located on
the weat side of Parkside'DriVe, and more
particularly described as loks 11-18 of
Phase 1-A, North Lake Park Addition.
(Z-1494)
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City of Denton City Council Agenda
June 30, 1981
Page Three ,
D, 2-1495. Thit is the petition of Joseph v. Burris
requesting a change of zoning from agricultural
(A) to single family (SF-7) classification on 'a
tract approximately 6.74 acres in size beginning
adjacent and north of the northern termination of
Bellaire Street, (The Planning and Zoning
Commission recommends approval,)
1. Adoption of an ordinance changing the zoning
from
. , agricultural
(A) to single family
(SF-7) classification on a tract
approximately 6,74 acres in size beginning
adjacent and north of the northern
termination of Bellaire Street,' (2-1495) ,k
26 2-1496, This is the petition of Mr. Richard ti{
ii Kelsey representing the La-Tierra Company
i requesting annexation on approximately 63 'acres
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beginning approximately 2,500 feet south' of, the
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adjacent ntersection of Hobson' Lane and 'E'.M, 1830 and I ;r
Planning n and easzoning U.Commission 3recom77.
approval.) k
4. Discussic*i of repealing ordinance 74-39 pertaining to
extended hours for the lawful sale, possession, and
consumption of alcoholic beverages,
5, Ordinances
A, Adoption of an ordinance setting a public hearing on
the proposed deannexation of the Denton Generation
Plant Site (Spencer Power Plant).
C B, Approval of an ordinance repealing ordinance 79-39
pertaining to extended hours for the lawful sale, "
possession and consumption of alcoholic beverages.
60 Approval of an agreement between the City of Denton and
} TMPA for use of City land and easements to construct,
3!!f operate, and maintain a 138KV transmission line and
associated facilities between Denton Steam Plant and the
proposed ARCO substation. (The Public Utilities board
recommends approval.)
74 Approval of an Easement Acquisition Policy for interceptor
Sewer Lines. (The Public Utility Board recommends
approval.) I
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City of Denton City Council Agenda
June 30, 1981 w
Page Four
8. Approval of a request by the City of Corinth to service
property with water in the City of Denton's Extra
Territorial Jurisdiction. (The Public Utility Board
i recommends approval.)
91 Approval of adjusting the tax roil for uncollectible
accounts (February, 1981)4
10. Approval of adjusting the tax roll for uncollectible
accounts (April, 1981).
ill Official Action on Executive Session items`
A. Le-yal Matters
B, Real Estate
C. Personnel
D4 Board Appointments
3
126 New Businesei n„
This section provides City Council members a section in
which to auageat new items of business for future agenda,,
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1 City Council Agenda
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Summary Sheet
Meeting Datei June 30, 1981
Agenda Item #t j
Subjects Did number 8906 Underground Electric Distribution
Manhole Vault .
{ Summarys This bid is for six concrete manhole vaults'616"
long, 41 '.ide and 6' 6" deep. These vaults will
be used in construction of now underground electrical
distribution facilities in the Southridge and Golden
E Triangle Mall areas.
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} Action Requiredi Approval by Council
Source of fundai The purchase of these vaults will be funded from the
Utility Work Order
Recommendationsi We recommend this bid be awarded to the low bidder
Dilworth Qyikset in the amount'oi $1561.00 each,
delivered to Denton and set in place. 1
{ Exhibim Tabulation sheet
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Submitted byi Tom D. Shaw, C.P,M.
Asst. purchasing Agent
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? jID i 8906
M Manhole vaults pBrooks Dalworth
}PEN_ 6-16-81 .
%CCOUNT i
N MIDOR VENDOR VENDOR AlitfA_`_"
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1680.00 1561.00
6 Manhole vaults
Delivery 8 days 14 days _
POB Denton Denton E
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Terms net 30 'net 30
Total 100080.00 9366.00
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City Council Agenda
Summary Sheet
Meeting Dater June 30, 1981
+ Council Agenda Itom lr
Subjectr Bid number 8908 Selective Used Control a,l
Sumcaryr This bid is for the treatment of approximately 80
acres of 'drainage areas in the City'df Denton.
These areas must be treated rich year for woods
cattail add willow trod control, Vitbout this i-"
treatment drainage aria become clogged and `s=
I flooding become more probable, +
Action Aequiredr Approval by Council j'
Seuiea of lunder Punds'for this purchase will tome from the Public
Works budget account number 01-32-83-06 Street
Department drainage maintenance. 4
Aecomrendationr We recoesund bid number 8908 be awarded lo,thf luw
bidder Nortis-Peters Inc. in the amount b4 460.00
per acre per application. Total bid price 412,600.00.
{ E 8xhibitar Tabulation sheet
Submitted byr Tob D. 8hax, C.4tM.
J Aset. Purchasing Agent
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BID i e9 a
BID Selective Weed Control
OPEN 6-16-81 Creenway Thompson Norris
Lawn Tres Pastex
ACCOUNT 1 01-32-83-06 b 6 Inc.
Turf xterminat n-
lop YENIZR VE VENDOR VEND
Y* ITEM DESCRIPT
1. let application 80 acre 68.00 283.00 60.00 _
2. 2nd application 80 acre 68.00 200.00 60.00
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20 days 3 day 3 day {
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City Council Agenda
Summary Sheet
Date of Meetings June 30, 1981
Agenda Item 4s
r Subjects Purchase order 048031 to Hi-Way Machinery in the
amount of $5729.12.
Summarys This purchase order is for the repair of motor pool
unit #2795 a model 0-660 Oradell. Hi-Vay M&61t(iry
is the only factory authorized 8seler in the metroplax ,
area. The City of Denton Vehicle Maintenance depart-
ment is not equipped to make extensive repairs on this ly..
I type equipment..,
Action ksquirads Approval by Council
1
Source of Fundss Funds for this purchase will come from working capital,
vebicld repair sublet account 05-98-81-10 and re-charged
to the etraet department vehleis maintenance account
01-32-83-43.
% Recomaseodations We rat, nd this Purchase Order be approved. }
Ezhibitss Purchase order 048031 to Hi-Way Machinery E
Invoice 41741
Submitted bys Toss D. Shav, C,P.M.
Aast. Purchasing Agent
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CITY OF DENTON, PURCHASING DEPT. PURCHASE ORDER NUMIIER0
216 E. McKinney
Denton, Texas 76401
617/004311 D/FW Metro M -M2 eAn 4-23-81 Ne No.
vuooll r<e. new w.o, No.
euwav Aea.NO: 05-98-87-10
Hi-Way Hachinory Sw
T*I CITY OF DENTON
Garega
804 T"aa
I Denton, Tatar 76201
SHOW ►A. NO.ON ALL SHIPMENTS, DELIVERY TICKETS,INVOICE6 ETC,. SEND INVOICES TO ACCOUNTS PAYASLE,THt CITY OF OENTON, TEXAS
It EXEMPT FROM SALES TAX AS RJR HOUSE FILL }10. THE CITY OR OIINTON IS PROHI1117E0 FROM PAYING FOR MEACHANOIM BEPORE IT IS ,
RECEIVt'D, ALL SHIPMENTS MUST BE P.O.B, CITY OF OENTON, TEXAS.
ITEM CITY STOCK NUMBER OESORIPTION QUAN,/UNIT MICE AMOUNT'
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#2795
E
RApair tranaeieaion ; .
IIIApair boom
check hydraulic system
Mato 92000,00)
Cap NO'ri D20
Up ,
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CITY OF 0INTO N, PURCHASINO DEPT.
John J. Moreleii, C.P.M., PuroWnp Apent
Tom 0. Shwv. C.P.M., Ant, Purdeeinp Aptnt
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HI-WAY MACHINERY CCMPANY
IWO10 ROAD MACHINERY, CONSTRUO'ION AND GRADING EQUIPMENT
t 3017 COMMtRCL 2TRKrr
I PHONIC A.C. 814 824.2168 INVOICS No.
OALLAS,TEXAS 75226 i
DATr May 281 1981
CHARGE TO r T/MM/ p y~'
My OF DENTON
WTOM hb IO,,.7I 1 "
ADDRESS ACCOUNTS PAYABLE DEPT. • . ~hDlh Flo. - Id
51$ E. ,
KINN ST EET
JENTON, TEXAS 76201 ~MSyro
SHIM TO vu
I ADDRESS 2ALUMAN._
.N► OUAN, 10A11T NO. D / /CAI • T 1 O N NN! AMOYNT
2 41
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12, 151, jo i/
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ALL CLAIM/ ANO OITHhIYrO 00001
All 1 Ow alI MUST at AOl6MrANI/D
~1I~HOw OHN.40~M 0T fNli 1NVOICt
I, 0A1 t RECEIVED BY .lob No.
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:,q, CITY OF DENTON
AZUNTINO
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HI WAY MACHINERY O G 1717
RACINIi 6gLtIWMXNT JOB Nor 7S'O
PAOR NO 2
DUAN, PART
NOy. oR~aNIhTIOM uNlr I
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CITY Of DENTOr~
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Ml~ryryry1f YY11V`~,~tNl~..`VrJM N.M .WY, 1.4^ .1.iRM'M .
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City Council Agenda
Summary Sheet
Meeting Datei June 39, 1981 N ,
Agenda Item 0:
Subject: Purchase order 047229 and 047232
To Control Components International
Summary: These two single source Purchase Orders in excess r
of $3000.00 are 0or replacement parts for the feed
" water valve on unit #3 at the Municipal Power Plant.
I Control Components international is the only source
for these repair parts,
Action Required: Approval by Council
Source of Funds: both of these purchase ordersi number 47229 in the
awun of $10,842.00 and number 47332 in the amount ;
of $3920.00 will be funded from account number 07-31-83-39
maintenance of Power Generating Equipment. .,g
Recommendationi We recommend these purchase orders to Contvol,Components
International be approved.
Bxhibitsi Purcha.a Order 047229 and 041232 1
i Submitted by: Tom D. Shaw, C.P.M.
Met. Purchasing Agent
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CITY Of 0PTON,PURCHASING DEPT. PURCHASE ORDER NUMBER 4 a{~~iy
.oO~ 216 E. McKInnay
Dorton, Toxss 76201
817/6664311 DOW Mwo 2674042 *A" 2-l" l No.
TMWS _ w.0. NO.
VSfoOS NO.
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OS FMI 2-2041 ~ ACV. No. 02-51-e3-34
Control Components Intl. Tot CITY OF OINTON
2567 S.E. Main St. Most Plant
Irvine, Calif, 42714 - - 1701 $pouter !d•
I Deatos, Too" 76201
SHOW P.O.NO.ON ALL SHIPMENTS, OELSV I AY TI CKETS, INVOI C 95 ETC. SEND INVOi^ES TO ACCOUNT! MVA SLE.THS C ITY O P OLNTO N. TEXAS '
IS LXEMPT FROM SALES TAX AS PER NOUN SILL *20. T.4E CIV - Or OtNTO•N IS PROHIGIT90 PIIOM PAYING FOR MERCHANDISE SEPORE IT it
- RECEIVED, ALL SHIPMENTS MUST SE P.O.S. CITY OP Ot NTO N, Tt 'SAL
' ITEM CITY STOCK NVMCSR OISCRIPT10N OUAN.PUNIT PRICE AMOUNT
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1. 7112574+.1 aai~ 1 161 1. 713-276-1 stars i disc , .
31 714226.1 cap E.sbst,
4471!005-3 stew paddy
3. 719226-2 tap psiat
(Wt ,15 party for leebrtttar a1M! -PD. Fl
a MU71 a4taatar "ss 6" s4 tro"I 1430020
174 Poi ateau PDtt, lypb
!a>tp 327°P - sta 301, Meet tf4-410A16t -~tpl~-ti1S~C
- alas DlbJ
=srties IM 1500 Vs 'i +pEat 44081, visa
4" x 4"I Val" aw7P DNO - 0710340)
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~taM-*L ~blfs.R`1a~1, !o ~l . eft will
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bind All InqulrlN To.
CITY Of DENTON. PURCHASING DEPT..
John J. MlrlW, C.P.M., PwcNdnp Aplrit
Tom D. Show, C.P.M., Am. PurchHlnp Ap rit
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ASINa DEPT. PURCHASE - ORDER NUMBER 47M
215 E. McKinney
Denton. Texas 70201,
117/448311 D/FW Metro 2074042 o1n 2-19-81 Iw No.
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MIME No. To" Mt. W.O. NO.
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oelvnr 2-20-9I ACCT. NO. 02-5143-39
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Control Components Intl. sw t
2567 S,E. Main St,
Irvine, California 92714 Tot CITY OF DINTON
Stun Prat
_ 1701 Speocas =d.
botoae Tesas 76201,
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/HOW P.O.NO.ON ALL SHIPMENT3.01MM11Y TICKETI,INVOICES RTC. SEND INVOICES TO ACCOUNTS PAVMLI,THK CITY OF DENTON, TIXAI +
is IXEMPT PROM IALEtI TAX As PER MOUSE SILL *!0. THE CITY CIF DENTON IS PROHIBITED FROM PAVINQ FOR MERCHANDISE DI►Ollt IT is r / - t 1J
RECEIVED. ALL IHIPMENTSMUSTSEF.O.Y.,CITY OF OENTON,TEXAR
I ITEM CITY$TOCK NUMBER DESCRIPTION QUAN4UNIT MICE AMOUNT
1. 7131612-1 Str A plus 2 r:'
21 7112533-1 2
s• 719036-3 tltw Paddsis 2
44 714110-10 Dts~eh Paekiae 4
i s. 711023.32 "go Wkst 2 ,
(gait 13pa Sts fast, faadoat" tastap valrae Ytm Cw&-
aa BA2342 'Pram - 611sonrg anttatee ai'" 70
13 to ! i elo"s parts TM „TSA-99U - sty]A 01531
Tap SWr / St.. 30688.6Mt 440088 - olaar A113-0
Se:saa ASST 1500 11 Soay 05 pkus 440CIS ti"o- 2" x 2"
17a1Te aaa~r >DYYS~ - 0719866) ,
y DIMet All Inquirles To:
CITY OF DENTON, PURCHASING DEPT.
John J. MEreMll, ",M., Purcha log Apnt
Tom D. 94w, 0.91., Aid. Purckalnq Agent
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City Council Agenda
Summary Sheet
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Meeting Datai June 30, 1981
Agenda Item 0:
• Subjects Purchase Order 48607 to Condenser Cleaner Afg, Co.
in the amount of $3242,00.
Summarya This purchase order is for the purchase of replacement
parts fora Coaco Condenser cleaner. This unit is
used in the routine maintenance program for'tha con-
densers at the Municipal PMar Plant, sti
Action Required! Approval by Council t'
Source of Tundst Account number 02-51-65-39 Maintenance of power
i generating equipment. ;
j Recommsndationt We recommend this purchaas order be approved4
tanhibitst Purchase Order 048601
t submitted byt Tom D. Shav, C.P.M.
Asst. Purchasing Agent
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CITY OF DENTON, PURCHASING DEPT. PURCHASE ORDER NUMBER 48607
216 E. McKinney f
Dalton, Texas 76201 4
l171MlEiE11 D/FW Metro 267-0042 own 6-e-el ra No
YNgOa Iq. not • . Yl.O. M0. y '
oauveev app Am, No. 02-51-83-59
Cooden"r Memar Mfg. Co. Ine. twr
135 yMn Street
Verona, ?A 15147 Tel CITY Of DINTON
Steen plant
1701 Spmcer 11d.
De atos, 'long ' 76201
SHOW P.O.NO.ON ALL SHIPMENTS,DSLWERV TICKETS, INVOICES ETC. SEND INVOICCATO ACCOUNTSPAYASLE.THE CITY OF DENTON, TEXAS
IS EXEMPT FROM SALES TAX AS SEA MOUE! SILL 020.THE CITY OP OENTON IS PAC HINITSD FROM PAYING POA MEACHANDISE NPORE IT IS
RECEIVED. ALL SMIPMENTS MUST 6100.0.9, CITY OF. OENTON. TEXAS.
j {TIM CITY STOCK NUMSEA DpCAI►TION OUANJUNII MICE AMOUNT
1
1. Coned nasal" for 7/8" tuba 1 C7t
POO
j 2. Coto natalM !or l" ~ 1 ~
34 Cottw SPluh guard 4 ~a<~
44
Cotaao olwasss tips 048 Eos 1" OD Z'22 3t10 tabu TOO u
5. Canso *Imams to" e46 for 718" OD Y 18 Eiiti tabu 700
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46,0
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Olivet All Inquirta tw `
CITY Of DENTON, PURCHASINO DEPT.
JoM J. WOW, CA.M., kodming Agent
Tom 0.9Mw, C.P.M., Aat. Purdwitm Agent
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City Council Agenda
Back-Up Summary Sheet
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Meeting Date: June 30, 1981
N.•
City Council Agenda Item #
Subject: Approval of the final plat of lot 2,
Sandy Addition
Summary: This is a one lot subdivision located }
along the north side of University' Drive
just west of K-Mart. The parcel is
l approximately 1.929 acres in siie and
proposed land use is a restaurants The
existing house on the pr¢ 6tic which is to !
be converted into a i;estaurant41currently
served with water through a an* inch
meter. As longg as this water will suffice
for the o eration of the r'eituar tt the
city cannot re uire the extihiion'of a
water line, if more volume 'is needed
in the futlre then the propetLy owner would
need to extend the line. All other require
manta are satisfactory.
Action Required: Approve the final plat of lot 2, Sandy
Addition. ,
' Alternatives: 1. Approve the plat.
r 2. Table the plat.
Recommendations The Planning and Zoning Commission
recommends approval unanimously:
Exhibit: Map ,
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ut~ Ae. LOT-21
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PLAT Or
LOT 2
SANDY ADOI T ION
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City Council Agenda
Back-Up Summary Sheet
Meeting Date: June 30, 1981
City Council Agenda Item
Subject: Approval of the final replat of East
McKinney Street Addition ,
Summary" This is a 2,668 acre parcel located gear
the intersection of Mayhill Road and East
McKinne Street for commercial develop-
ment,' The plat is'aatisfactbry,, The
Development Review Committee'reoomminded.
and the developer aggreed to pAy` 1/2-the
cost of inatallin drainage as per the
master drainage plan.
Action Required: Approve the final replat.
1. Approve the replat
2. Table the replat.
" Alternatives: 1. Approve the replat. "
2, Table the re plat,
Recommendation" The Planning andZoning Commission
unanimously recommends approval with
above condition. r
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Exhibit: Map
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EAST McKINNEY STRSST AbGI'1r10N
SECTION THREE ; LOT 1.0
Iah1111+LN iM Ht1 + lilt ti Iuwlr f•ftl
tiff 141 clrfiff of OInNh,T~l1!
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Planning and Zoning Commission
Recommendation to the city Council
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To: Denton City Council
Case No. Z-1499 Dates June 30, 1981
GENERAL INFORMATION
Applicant City of Denton
j Annexation
Requested Action
Purpose Central development
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Location Begins approximately 2350 feet
south of East McKinney Street
Size 479.47 acres
Existing Land Use Single family residential,
saveral businesses,,vaste water
treatment plant and agricultural ;
and open space Jand uses.
s E Land Use Plan Low intensity and high intensity ,r
restricted residential in area
around waste water treatment.
jEE r
I SPECIAL INFORMATION
A 24 inch sewer line carriea from
Public Utilities south of this area to th`6 w4ite
water treatment plant and a 27,'inch`
Pius 36 inch sewer line comes from
the north and follows Pecan CtOO
to the Plant. `i 10 inch i6vtr Dina
comes down Mayo ll Road from East
McKinneyy street and turns vast
about 800 !!eet north of the area to g3
be annexed.
An 8 inch water line comas down ~
Mayhili Road from E. McKinney
Street, turns east and follows the 1
road to the treatment plant. A
6 inch water lint oonnecte with the j
water8iodgu,
8 inch Street. line City n of Denton wait t
Page Two
SPECIAL INFORMATION CONTINUED
available from this point northward
along Mayhill Road.
From Spencer Road northward is
currently served with City of
Denton electricity whiby le the balance
of the area is aerved TP&L.
The area currentlyy served by TP&L
will continue to be served by them j
if this area is annexed.
ANALYSIS j
i ,
A windshield survey of the area under consideration for
annexation reveal& the presence of approximately 75 single
family homes and 20 mobile homes. Thhe Planning and Community
Development Department estimates the population to be
approximately 227 persons, i
The petition for annexation grew out of a Planning.and
Zoning Commission directive to the city staff to institute
annexation procedings in this area due to sale and development
of land without complying with City subdivision regulations, i
Subdivision regulations are locally adopted laws governing the
process of converting raw land into building sites, This is
accomplished through;~lat approval a
~~oceduras under which
developer is not perm tted to make m rovemants or to `divide and
sell hie land until the Planning and Zoning Commission and
City Council have approved a plat of the propposed.derign of
the subdivision. The approval or disapproval of the'Commission
or Council'is based upon compliance or noncompliance of the
proposal with development standards set forth in the subdivision
regulations.' Subdivision regulations serve a wide range of
purposes including: I
1, insuring that new development will have a safe water supply
and sewage disposal system.
E 2. Property drainage, i
E 3, Adequate provision for new streets and utilities.
4. Record of underground utilities.
A means of securing adequate water system for fire 1
fighting.
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Page Three
ANALYSIS CONTINUED
b. To the lot punch oriented regs are an
provided
it is a buildable, properly , w with adequate facilities,
7. To the responsible developer, subdivision regulations are
protection against substandard competitors.
The City has subdivision approval authority inside the City
limits and in our 2 rail3 ETJ, however, when a sale or development
ti takes place in the ETJ and the developer does not plat, the
only legal remedy is to obtain an injunction in district court
which is a long and cumbersome process.
If the area is annexed the area will be subject to City of
Denton Ordinances relsting to subdividing property and
affords a more efficient means of enforcement.
Not platting property results in inadequate provision for water,
sewer, streets and drainage, etc. which leads to haphazard,
unplanned development which can cost the City money in the
future to bring these areas up to minimum standards.
Substandard housing exists in this areas if annexed, new
construction would have to meet the Uniform Building Code.
There is septic/wash water discharge into a tributary of I
Pecan Creek. Fortunately the tributary empties into Pecan Creek
above the waste water treatment plant (seratta0,dd r•tott--arid
photos from Howard Martin). If this area is annxed,' City
ordinance would apply thereby facilitating abatement of there
environmental nuisances. Annexation would also help in'praventing,
incompatible land uses,
Odor sm.natingg from the waste water treatment plant permeates
this area much of the time. The primary cause of the 'odor is
that
wastetwater perwdaydbutgisdnow handlingiapproximatelylsevenf
million gallons a day.
The treatment plant is being expanded at this time; construction
is programmed for completion by March 1982 and the plant will be
fully operational by September 1982. The capacity will be in-
creased to 12 million gallons pper day, The expansion should
I improve the odor problem significantly but there will always be I
intarmittent,ddor from the plant.
The Denton Development Guide specifies that residential develop-
ment around the waste water treatment plant should be restricted.
f The City of Fort Worth permitted residential development to
surround the Village Creek waste water treatment plant which j t
resulted in pressures and lawsuits from the nearby residents to I i
s
Mai
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Page Four
ANALYSIS CONTINUED
control the odor coming from the lent. The oCitY llars of to Cuts the millionj of is now being re Aired to expel ant and txpansi m represents a
eesen. It
odor problem. Our existing p
substantial investi.ment on the part of the pmeeritf oce,rred
would be unfortunate if uncontrolled develop
A adJacent to the plant with the same results. I
F
Fiscal Considerations:
(The City tax rate is $1.29 per $100 of assessed va1100~Xp5129)a ;
iced value X 60% o assessed value divided by
(appra
~
,336,552.00
$1
Total appraised value of property
from D78D Tax Rolls
1, g 801,931,00
'I
Assessed Value $ 100344.91
' Anticipated 'fax Revenue ~
Anticipated Coat t,_o Che City=
$20,000
Police
0.
Five
--0-
Utilities
0-
solid Waste #
L ! $ 7,500 Paving and Maintepanee
Public works
$ 3,000 Update Tax Rolla j a
other !
$ 700 Update Maps
10 Code enforcement
t ¢
$33,200
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Page Five i
! 1
ANALYSIS CONTINUED 1
In studying this area the following guidelines were considered: {
1. Single family development over five (5) lots.
2. Any development or area that might present a significant
impact upon the City in such ways as service cost increased t
traffic, utility needs or utilization, safety or ,n &I hazards,
substandard construction practices, and detrimental aesthetic
quality,
It was felt that the Mayhill area met these guidelines.
i
Consistent with the City Annexation Policy, the following
criteria were also considered; I
1, The ability of the city to furnish normal urban services
equal to, other cot arable areas inside the city limits. (Water
and sewer eapabili its should be considered, but lines for
individual areas are normally not city financing responsibility.)
2. The reliability, capacity and future public cost (if any)
of current and planned provisions for community' facilities such l
as roach utilities, ate. (Private facilities will be conii-
i
dared.)
3. The need and quality of land use and building controls.
(Private controls will be considered.) f
4. impact on the City both currant and long range, including
as a minimums I
A. Fiscal coot and benefits
H. Traffic
C. Infrastructure
D. Safety or health
E, Suilding/Development Quality
F, Aesthetic Quality
d. Community Character
5, Conformance with need to insure conformance with the
Denton Development OuidelLind Uae Plan, i
MIT
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Page Six
ANALYSIS CONTINUED
If, after preliminary study, the above criteria indicatea a need I
to more seriously consider annexation in order to Promota or
protect the public interest, then the City will initiate formal
annexation procedings to consider the annexation question in
detail,
The Mayhill area is a community of contraetj oppen spaces, hills
and trees along with land uses enumerated earlier. Its location
affords good access to community facilities and transportation
'
corridors. It is felt that this area is worth preserving and
that if it is not brought into the City now it will someday be
a part of the City. It is also felt that if uncontrolled de-
velopment is allowed to continue that the cost of the City of i
Denton will be far greater than today.
RECOMMENDATION
The Planningg and Zoning Commission reco=onds approval of
annexation by a vote of S 1.
ALTERNATIVES
{
1, Approve annexation,
j 2. Deny petition for annexation. !
, 3. Modify the annexation.
l
4, Table annexation,
S
MISCELLANEOUS QUESTIONS AND ANSWERS j
1. Will assessed valuer be reduced in the early years of annexa
tion to offset lack of normal city servicea?
Normal City services are to be provided, water and sewer `lini•
are not provided by the City but are extended by the developer/
property owner, as in the City now.
2, Will the odor from the sewer plant be taken into account ,
during property valuation for City tax purposes? ?
i
Yos, if in the appraisers opinion the odor would affect the
value of the property.
4
Page Seven
MISCELLANEOUS QUESTIONS AND ANSWERS CONTINUED
3. What major programs are in planning that would cause rates
to increase significantly in the near term?
I
The construction of Lake Ray Roberts in likely to increase water
rates but this is expected in about 10 years. The cost of fuel '
for electricity could signficantly increase electric rates,
however the Gibbons Creek Plant will tend to stabilize this
' t problem.
j I
4. Will an agricultural exemption be allowed on farm land?
Yea, if it meets guidelines.
5. What is Fire Department response time to Mayhill? $
Three minutes.
6. Ambulance response time?
Four to five minutes.
7. How soon will fire hydrants be installed?
When davalopor extends lines at his cost.
8. Will there 'be active enforcement of anti-littering laws
and will the City provide periodic clean up?
Individual property owners 'are responsibile for keeping their
property cleapj the City will clean up street r.o;w,
9, Will improvements and new structures be subject to Planning
and Zoning regulations, require permits, inspections, and
application of City Codes?
Yes axespt if a building is already under constructon'it
wild be allowed to be completed,
100 toil we be required to use City water? And if not, will I
we be charged for the service if we don't use it?
Vater,'sewer, electricity and solid waste collection is not j
financed by taxes, and only users pay. If you have a astir
f well or are on an approved water system you will not be
required to hook onto City water when it is available, i
i
I
ATTACHMENTS
2, map
ition from Mayhill Residents opposing annexation J
I 3. Memo from Howard Martin concerning fecal contamination
I on pecan Creek
1 4. Reply form totals
5. Minutes
6 1
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"`M THE ,
PEOPLE OF TfM 14AYHILL COMMI ITT WISH TO SHOW OUR DISAPPROVAL
OF BEING AM MM BY THE CITY OF MMON BY SIOIT;30 THIS PETITION.
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WE THE PEOP7r7 OF lVI MAYHILL COMMA ITY WISH TO MIOW of
OF BEING IUMFXET :.Y THE CITY OF IF24TON BY SION2li0 THUS F
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WE THE PEOPLE OF THE MAYHILL COMMITY WISH TO SHOW OUR DISAPPROVAL
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PUBLIC
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MEMORANDUM
TO: Charlie Watkins
FROM: Howard Martin
DATE: 6/2/81
SUBJECT: Fecal contamination on Pecan Creek
Data collection period 12/19/79 to S/6/81
Parameters monitored: BOD iochemical Oxy;en Demand) mg/I
TSS Total Suspended Solids) mg i
pH Nydrogen Loa concentrations
FC (Fecal Coliform)' j
Sample location;
Upstream Pecan`Creek approximately 200 yards above the
Wastewater Treatment Plant discharge
Downstream Pecar. Creek approximately 75 yards below
the Wastewater Treatment Plant discharge
Summary of results: BOD TSS pH PC l
1379
Upstream 17,8 3S,6 7.4 479 colat1ii/loomis
Downstream 20.3 42,4 7,4 248 colonies/100mis ! s
1980
Upstream 134 2S43 7.6 SS1 colonies/lQosnls
Downstream 1SI3 2516 715 So colonies/100mis
` 1981' e ~
Upstream 9,4 26,0 7.8 116 colonies/100s11e
Downstream 8.0 3260 767 22 colonies/100mis
{ a year is incomplits at this time j
Conclusions
As the sample results indicate, the Denton Wastewater
Treatment Plant discharge' h&s little affect on the physical
j or biological'characteristics of Pecan Creek with'ons exception.
l Upstream samples are consistently higher :n Pecal coliform;
contamination than the respective downstream SIMPp1es,' 8ecal•
contamination in upstream samples may vary from Io 401oniiw/100mis
to as high as 6000 colonies/100mis depending on environmental
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conditions, This would indicate that there are possible
sources of fecal contamination from upstream areaso Because
of the limited scope of our sampling program on Pecan Creek,
point source pollution for fecal contamination has not been
established.
Howard Martin
City of Denton Municipal Laboratory
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Photograph ll: Taken between Spencer road and MayhllC
Road, on tributary to Pecan creek. The photo is of
'a.pond created by damming of the creek. The pond j
appears highly eutrophicated and ~entaminated by 6
livestock.
Photograph 12: Taken at the same site as photo 01,
downstream from the dam, to show overall conditions.
Photograph 13:' This photograph was taken on the same €
tributary approximately 130 feat upstream from
Mayhill road. The photograph shows a 2" pvc pipe
discharging from a house directly into the creek.
There was no flow at the time the photograph was taken.
Photograph 04: This pphotograph was taken on the same fi
tributary approximately 50' downstream from Mayhill !
road. The photograph shows a, pvc pipe discharging
from a mobile home directly into the creek. There
was no flow at the time the photograph was taken.
Photograph IS: This photgraph was taken on the creak
approximately 4 mile downstream from Mayhill road, i.
The photograph exemplifies one of the numerous
areas where solid waste has been disposed of on the
edge of the creek.
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Planning and Zoning Commission
June •3, 1981
Page Two
IV. Public Hearings:
A,. Z-1499. This is the petition of the Planning and
Community Development Department for annexation and
agricultural (A) zoning classification on a tract
approximately 479.47 acres in size known as the. Mayhill
Community". The tract begins approximately 2,350 feet
south of East McKinney Street.
Charles Watkins stated that 53 reply forms were mailed
to property owners within 200 feet; of those 17 Yore_
returned in opp03ition, 2 were returned undecided, and i
1 was returned in favor. He presented the reply forms
to the Commission.
Robert LaPorte asked Charles Watkins what would happen
to the businesses and nonconforming'single`family residences
if the area was to be annexed and zoned agricultural (A).
Charles Watkins replied that they would become legal
nonconforming uses. f
Robert LaFort~a' asked if the owner of a business in the
area would need to petition for rezoning if.he wanted-to
sell his business,
Charles Watkins replied that he would not as long as the.
land use remained the same.
Approximately 50 people stood in opposition to the request.
Colin Riley, 'property owner within 200 feet, (owns 9 acres)
stated that tpa neighbors held a meeting a week pzior to
the public hearing,. He presented (a list for
Commission and staff to answer.
Fred Beardsley spoke in opposition to-the request. s
t Felix Callahan, owner of 42 acres in area, spoke opposing
the request.
E Patty Wilson submitted a petition signed by 89 people who
E opposed the annexation,
George Kay spoke in opposition to the request. His concern
regarding taxation was for the elderly, he felt they should
he granted some sort of relies.
j C. B, Wilson spoke in opposition to the request.
Charles Watkins presented the staff report and recommendation,
stating that the staff feels this area meets two of the
criteria stated in the annexation policy for annexation: f
1) Single Family developments over five lots; and 4) Any y
development or area that might present a significant impact
t
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Minutes
Planning and Zoning Commission
June 3, 1981
Page Three
upon the city in such wayB as service cost, increased
traffic, utility needs or utilization, safety or health i
hazards, substandard construction practices, detrimental
aesthetic quality or other similar community aspects.
Charles Watkins expalined that taxes do not pay for exten-
sion of utilities since this seemed to be a'major concern
of homeowners in the area. He explained that the area
which was presen1tly served by TPU would continue to be
served by TP&L; however a new developper could request_
City of Denton service and it would be provided. He went i
over solid waste rates and services.
Andy Sidpr mentioned that street lights are provided at
no extra cost to property owners within the city limits.
Charles Watkins stated that there were a number of
development; problems in the area, Hot platting properly
results in haphazard development which can cost the City
moneyp in the future. He mentioned the Beardsley'case in
which there is no R.O.W. and no road. This property is
also located in a flood hazard area. Pecan Creek is ;
contaminated by paint and other matter. Annexation of
the area would mean that City ordinances apply and the
City would be able to deal with the problems that arise
more effectively.
Charles went into problems associated with the sewer plant
and the odor.
Tax rates were discussed. A handout for agricultural tax
exemption was provided.
1
Staff recommended approval of Z-1499.
Questions from the audience were addressed.
{ Discussion took place among the Commission and the staff. 1
Marilyyn Gilchrist stated that she felt the area was in need
of pblice protection. She also felt that the sewer plant and
it's odor was a major problem for the people who live in this
area. She was in favor of tabling the petition for one year
and working with the people in the area during this year to
see if they could improve police protection, litter pick-up,
etc, She felt the City's responsibility was to improve the
conditions which the sewer plant creates,
,
Linnie McAdams felt there was considerable merit to annexation'
in the long run. She felt that by annexing this area now, the
City would be preventing problems caused by developers, problems
t such as those in the Beardsley's case.
Bob Woodin stated that he felt that the people who are
contaminating the creek should be reported to the County
Health Department.
Ir
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Minutes
E Planning and Zoning Commission
June 3, 1981
Page Four
i
Marilyn Gilchrist she felt the City must do everything it
can about the sewer plant odor. She felt the City should
not have built'the sewer plant next to houses in the first {
place.
Andy Sidor felt that someday the area'is going to be annexed,
and felt it would be better to annex it now to prevent
problems.
Carole Busby explained,to the audience that zoning' ordinances E
are-not meant to be punitive but are meant to be a benefit
to all.
Carole Busby moved to approve Z-1499; the motion was seconded
E by Linnie. McAdams and'carried by a vote of 5-1 (Marilyn
I Gilchrist voted to deny).
Z-1496. This is the petition of Mr. Richard Kelsey,
f representing the La Tierra Compan reqquesting annexation and
planned development (PD) zoning classificaiion to permit the
following land uses on a tract totaling approximately 63
acres.,
1. Single family (SF-10) on•44 acres;
2. Multi family (MF-R) on 3 acres; j
3, Two-family (2-F) on 16 acres.
E The petitioner is also requesting a chap a of zoning'from
agricultural (A) to planned development (PD)''elaesiEication
on an adjoining tract totaling approximately 9.65 acres to
{ permit approximately eight (8) acres of multi family and
~1.65'acres of two family (2-F) development, t
David Ellison Explained the case.
Richard Kelsey, representing the La Tierra Company, spoke
` in favor of the request.
Harry Cotch spoke in opposition to the request. His main
concern was drainage.
Greg Edwards, City Engineer, explained that drainage would
be addressed when the plat is subaitted. He said that the
developer and the City would work together to insure that
other properties are not flooded out.
M. C. Birch stated that he wanted to stay deannexed.
Kelsey spoke in rebuttal.
David Ellison presented the staff report and recommendation.
Linnis McAdams moved to recommend annexation of the approxi-
mately 63 acres. Carole Busby seconded the motion and it
carried unanimously.
A
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City of Denton
Memorandum
June 30, 1981 {
Agenda Item: j
Adopt an ordinance setting a public hearing to consider the request
of the City of Denton for deannexation of the Denton Generation J
Plant Site. 1J
r)_:
summa
This parcel is located along the north aide of Spencer Road approxi-
mately 1800 feet west of Loop 288.
The City seeks deannexation in an effort to revent having to pay
f 1.997% which is levied on all gas used
,
a state occupational tax o
by industrial customers within the city limits, but is not for
power plants outside the city limits/
While the City ex ects ggas usage to decrease in the future years
eeconomic
some dispat
the price the A
to i~ncreaseeaboutn,
gas fuel p and r expand ects power
it will
16% per year.
Deannexation of the Spencer Power Plant property would allow a 1.997%
reduction in the coat of any natural gas used in the future,
Fiscal Summary:
t
The Lone Star Gas bills for the past year have been as follows: i
January, 1980 $ 4641597.15
February, 1980 446,094.37
March, 1980 4429110.90
April, 1980 449,563.94
May, 1980 673,531.63
June, 1980 1,187,568.95
July, 1980 1,8161927.80
August, 1980 11789,148,74 i
s
September, 1980 1,343,477.92
9
October, 1980 913,752.19
November, 1980 5900250.81
December, 1980 553,094..§6
$10,620,119,06
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Page Two
Deannexation of Power Plant
The state occupational tax at 1.997% has been $212,083.78 of this ;
past year's total bill.
Recommendation:
The Planning Department, Utility Department, and Utilities Board
all recommend approval of this proposal. The Legal Department
has been consulted in regard to any possible legal complications,
and it is their feeling that the proposal is lawfuij however, the
City Attorney has determined that a public hearing must be hold to ;
consider the deannexation, The Planning and Zoning Commission
~ -
failed, to make'a recommendation on this item 'at its May 201 1081
" meeting due to a lack of a majority ruling (vote was 3 votes in
$ favor and 3 against).
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Planning and Zoning Commission
Recommendation to the City Council i
i
To: Denton City Council
Case No: Z-1493 Dates June 30, 1981 i
j
GENERAL INFORMATION
Applicant Emilie Cunningham
524 West University
I Denton, Texas 76201
Status of Applicant ONtner
Requested Action Zoning change from Agricultural (A)
to commercial (C) classification
Purpose To develop professional photography
studio
Existing zoning Agricultural
''1 14
Location west side of interstate Highway 35
beginning approximately 220 feet
north of F.M. 1173
size Approximately 2.8 acres
Existing Land Use Single family dwelling
Surrounding Land Use North - retail store, truck stop,
and Zoning gasoline servicat commercial$
light industrial.
South - vacant, commercials
East - IH 35 service roadr agricultural.
West - vacant, single family) ETJ.
Land Use Plan Site is designated to high intensity
area by the Land Use plan.
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Page Two
SPECIAL INFORMATION
Public Utilities City utilities are not available
to this site.
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Transportation Site has immediate access to IN 35 1
service road. j
Physical Characteristics 'topography slopes upward toward eastf
vegetation is grass. i'
Parking One space for every three perhonn to
be normally accomodated.
1 ANALYSIS
The site in this request is located in an area designated .as
a major activity center and a high intensity area by the Land
Use Plan (see attached land use plan extract) The concensus
showed by land use alternatives indicates tho major activity
centers to be located, in the following areas.
(1) 1-35 El Hwy 77s North Loop 286 Ares ;
(2) Golden Triangle Mall area to Mayhlll Road
(3) Airport and I-35 Area
(4) Original Downtown
it is felt that this proposal is within infrastructure capacities f
simply because of its scale. The proposal is also consistent
1 with the Land Use Plan Policy of discouraging strip commeroial ~
through such means as encouraging diversity down the corridor
(commercial nodes broken up by high density housing, offices,
etc.). Although the petitioner is only proposing development
of a photography studio presently, future commercial developments !
are possible. f
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RECOMMENDATION
i
The planning and 2oning"Commission unanimously recoam;ends
approval of 2-1493. ;
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ALTERNATIVES
1. Approve Commercial Zoning
2. Deny Commercial Zoning
3. 'Modify to Neighborhood Service zoning
4. Modify to Office zoning
5. Modify to Planned Development and require a Site Plan i,-
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6. Table for Future Consideration
a
ATTACHMENTS
1. Aerial Photograph i ;
2, Reply Form Totals
3, property Owner List
4. Minutes
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[I I AP
A
PROPERTY OWNER REPLY FORMS
IN FAVOR IN OPPOSITION UNDECIDED
Fred W. Vaughan-
306 Hollyhill j
Denton, Texas 76201
Billie A. Foster
' Rt. 6 Box 17 i
Denton, Texas 76201 I
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Minutes
Planning and Zoning Commission
June 3, 1981
The regular meeting of the Denton Planning and Zoning Commission
was held on June 3, 1981 at 5:00 p.m. in the Council Chambers of
the Municipal Building.
Present: Bob Woodin, Marilyn Gilchrist, Linnie McAdams, Robert s
LaPorte, Andy Sidor, and Carole Busby. Staff present
were: Jeff Meyer, Charles Watkins, David Illison,
Greg Edwards, and Susan Wigand.
Absent: Jack Miller
Chairperson, Andy Sidor, called the meeting to order.
{ 1. Approval of the minutes of the May 209 1981 meeting.
Motion was made by Marilyn Gilchrist and seconded by
I Linnie McAdams to approve the minutes of the May 20,
1981 meeting. Motion carried by a vote of 5=0 (Robert
LaPorte abstained).
II. Consent Agenda:
{ A. Approval of the final plat of Freeway Park Addition..
B. Approval of the final replat of Shady Oak Industrial
Park.
Marilyn Gilchrist moved to approve the consent agenda,. r
The motion was seconded by Bob Woodin and carried unani-
mously (6-0).
III. Consideration:
A. Adoption of the annexation policy.
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Harry Down, representing the Special Citizens Advisory
Committee on Proposed Subdivihion Regulations, presented
the policy to the Commission.- Harry Down read the policy
for the benefit of the audience. He also answered
questions from the Commission, The Commission made three
grammatica?.lspelling changes (spell out ETJ in first
paragraph; change the order of a sentence,in the third
to bottom paragraph, and spell "contiguous" correctly
on the last page). '
.
Robert LaPorte moved to recommend to the Council that '
the proposed annexation policy be adopted; the motion
{ was seconded by Bob Woo din and it carried unanimously (6-0).
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Minutes
I~ Planning and Zoning Commission
June 3, 1981
Page Two
r IV, Public Hearingsi
4 A. Z-1499. This is the petition of the Planning and
Community Development Department for annexation and
agricultural (A) zoning classification on a tract
approximately 479.47 acres in size known as the "Mayhill
Community", The tract begins approximately'2,350 feet
south of East McKinney Street.
Charles Watkins stated that 53 reply forme were mailed
to property owners within 200 feet; of those 17 were i
returned in opposition, 2 were returned undecidedi and
1 was returned in favor. He presented the reply forms f
to the Commission.
Robert LaPorte asked Charles Watkins what would happen
to the businesses and nonconforming;'single family residences
if the area was to be annexed and zoned agricultural (A).
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Charles Watkins replied'that they would become legal
nonconforming uses.
f Robert LaPorte' asked if the owner of a business in the
area would need to petition for rezoning if he wanted to
sell his business.
Charles Watkins replied that he would not as long an the
land use remained the same, g
Approximately 50 people stood in opposition to the request,
h .
Colin H iley, property owner within 200 feet, `(owna 9 acres)
stated that t e neighbors held a meeting a week prior to
the public hearing. He presented a list of questions for
Commission and staff to answer. (See attachment)
Fred Beardsley spoke in opposition to the request.
Felix Callahan, owner of 42 acres.in area, spoke opposing
the request;
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Patty Wilson submitted a petition signed by 89 people who
opposed the annexation.
George Kay spoke in opposition to the request.. His concern
regarding taxation was for the elderly,'he felt they should
be granted some sort of relief,
C. B. Wilson spoke in opposition to the request.
Charles Watkins presented the staff report and recommendation, f
' stating that the staff feels this area masts two of the
criteria stated in the annexation policy for annexation:
1) Single Family developments over five lots; and 4) Any,
development or area that might present a significant impact
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Minutes y{[f
Planning and Zoning Commission
June 3, 1981
Page Three
upon the citq in such ways as service cost, increased
traffic, utility needs or utilization, safety or health tion detrimental
hazards construc
aestheticsquality8or other similarpcocrmunity aspects.
Charles Watkins expalined that taxes do not pay for axten- j
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eion of utilities since this seemed to be a major concern
of homeowners in the area. He exglained that the area
which was presently served by TP&F. would continue to be
served by TP&L, however a new developer could request
` City of Denton service and it would be provided. He want
over solid waste rates and services. j
Andy Sidor.mentioned that street lighla are provided at
no extra cost to property owners with n the city limits.
Charles Watkins stated that there wero t' e a number Platting properly
development problems in the area.
results in haphazard development which can cost the City
s money in the future. He mentioned the,Beardsropertyaisn
which there is no R.O.W. and no road. This pp
igloo located in a flood hazard area, pecan Creek is
contaminated by paint and other matter. Annexationtof
the area would mean that city ordinances apply ti
City would be able to degl with the problems that arise
more effectively.
Charles want into problems associated with the sower plant
and the odor.
4
Tax rates were discussed. A handout for agricultural tax
exemption was provided. t
1 Staff recommended approval of Z-1499.
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questions from the audience were addressed. `
Discussion took place among the Commission and the staff.
I was in ne Mf poylr► ceGilchist stated She alsohfeltithatetheesewer planteand 1
itt's~odor was a major problem for the people who iiva;in this
area. She was in favor of tabling the petition for ono year
and working with the people in the area during thisitter year pick-to up,
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j sae if they could imp~rave police protection, ~
1 etc, She felt the City's responsibility was to improve the
conditiona which the sewer plant creates.
Linnie McAdams felt there was considerable merit tnexaion.
in the long rain. She felt that by derableg this area n the
Cit would be preventing probleme_caused by developers, problems
q
ouch as those in the Beardsiey's case.
Bob Woodin stated that he felt that the people who are
contaminating the creak should be reported to the County
Health Department. i
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Minutes
Planning and Zoning Commission
June 3, 1981
Page Four
Marilyn Gilchrist she felt the Citq must do everything it
can about, the sewer plant odor, She felt the City should
not have built the sewer plant next to houses in the first
place, j
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to b
Andy Sidor felt that someday the area
problems.
' Carole Busby explained to the audience that zoning ordinances
are, not meant to be punitive but are meant to be a benefit
to all.
Carole Busby moved to approve 2-1499; the motion was seconded
ilcLinnia hrist Mvoted to cAdams a deny). by a vote of 5-1 (Marilyn
G
B. Z-14964 This is the petition of Mr. Richard Kelsey
representing the La Tierra Companqy reqquesting annexation and
planned development (PD) zoning classification to permit the
following land uses on a tract totaling approximately 63
acreat
1. Single family (SF-10) on,44 acres;
2. Multi family (MF-R) on-3 acres;
3. Two-family (2-F) on 16 acres.
The petitioner is also requestingg a chap 4 of zoningfrom
agricultural (A) to planned development 'IPD) classification
on an adjoining tract totalin approximatal 9.65 acres to
permit approximately eight (8 acres of mul i family and
1,65 acres of two family (2-F devalopmont.
David Ellison explained the case.
Richard Kalseq, representing the La Tierra.Company, spoke
in favor of tha request.
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Harry Cotch spoke in opposition to the request. His main
concern was drainage,
Greg Edwards, City Engineer, explained that drainaga would j
be addressed when the plat is submitted. He said that the
developer and the City would work together to insure that I
other properties are not flooded out.
M. C. Birch stated that he wanted to stay deannexed,
i Kelsey spoke in rebuttal,
David Ellison presented the staff report and recotm andation,
Linnie McAdams moved to recommend annexation of the approxi-
mately 63 acres. Carole Busby seconded the motion and it
carried unanimously.
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Minutes H
Planning and Zoning Commission
June 3, 1981
Page Five
Robert LaPorte moved to zone this land planned development
(PD) with two conditions as recommended by staffs Linnie
McAdams seconded the motion and it carried unanimously (b-0},
Linnie McAdams moved to rezone the second (Pt) from
agricultural (A) to planned development IPD) with the !
same two conditions. Motion was sscondetZ by Marilyn Gilchrist '
and carried unanimously (6-0).
C. Z-1490. This is the petition of Elbert Hu&haass and ti-
from
Dewain Campbell requesting a change of zoning
cultural (A to commercial (C) classification on a tract
a roximate y 3.7 acres in size located along, the north
j eide of Hi bway 380 East beginning approximately 1500 feet
east of 'trinity Road.
David Ellison explained the case.
bell,
Ann Powell, representing Elbert Hughes and Dewain Camp
-i spoke in favor of the request.
No one spoke in opposition,
David Ellison prevented the staff report,and recommendation,
stating that the Land Iles Plan discourages strip commercial
zoning, and therefore recommends planned davelop tnt (PD) I
classification. ~
Ann Powell spoke in rebuttal.
LaPorte moved to Trove Z-1490. Motion was seconded
j Robert p a vote of 3-3. (Woodin, LaForta,
1 by Bob Woodin and failed by If 41),
and Busby,"aye'; Gilchrist, Sidor, and McAdams nay
Linnis McAdams and Andy Sidor stated they woonatoiinruYahave
planned development (PD) zoning
proper access.
Marilyn Gilchrist moved Mto~dwand aecondrsttmotion o and ned
development (PD) , Bob it tarried unanimously (6-0).
Z-1493. This is the petition of Emilie ringhim
rrequestin a change of zoning frog atrct' griculturoximate o 2 8
commerciag l (C) classification i
acres in size located along the ximatelywsat220sidfeete
Highway 35 beginning appro of F.
1173. s
David Ellison explained the case,
Emilie Cunningham spoke in favor of the request.
No one spoke in opposition.
David Ellison presented staff report and recommendation,
which was approval.
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I Minutes
planning and Zoning Commission
June 3, 1981
page Six
` LaPorte moved to approve Z-1493; motion was seconded by
Woodin and carried unanimously (6-0).
E. Z-1494, This is the petition of Barry Wachal requesting
a change of zoning from two family (2-F),to single family k
` (aril) :lassificaatidon on pparticularlytdescribed ass Bthk 1.
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lots l1d, 129 Drive 150 141 l5, 16, ll, 18 of Phase 1-Z, Nor
lots 1
Lake Park Addition.
David Ellison explained the case.
Barry Wachal spoke in favor of the request.
~ No one spoke in opposition.
David Ellison recommended approval.
1 Linnie McAdams moved to approve 2-1444 motion was seconded
by Carole Busby and carried unanimously (6-0). Jos P, ange o• zonin isfromtheapetition (A)ato sintlerfamilyuesting
(gFh7)ngclaaeification on a tract approximately 6.14 acres in
size beginning approximately 280 feet north of the termination
of Bellaire Street.
E David Ellison 'explained the case.
j
s i Mr, Howard Burris, father of Joseph Burris and co-petitioner,
j spoke in favor.
No one spoke in opposition
j
David Ellison stated that the staff saw no problems with the
proposal and recommends approval.
Carole Busby moved to approve Z-1495; motion was seconded by
LaPorte and carried unanimously (6.0).
V. Considerations:
A. Approval of the preliminary plat of'Las Moradas Addition.
Charles Watkins stated that the staff recommends approval.
,
Motion Linnie McAdams and seconded by Carole
Busby toaapmove by the preliminary plat of Las Moradas.
pro ~
4 Motion carried unanimously.
Meeting adjourned at 9:00 p.m. a
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e114Y'.'.C
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON j
ORDx NANCBS or rdENCI7 or DBNTON TIW P ly ORDIINNANCE NO DE¢4;1 j
AND AS SAID MAP APPLIES TO APPRbXINATBLY 1.1131 ACRES Or , i
1041E OR LESS, OUT Of EFFECTIVE 1.3.1, 1 C.R,R. SURVEY, ABSTRACT NO.
14
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt
9C8TI_ ON I. toni foilowleng deacilbedlprop•rer, to-wild Use deeignstfon of the
All that certain lot, tract, or parcel of land lying and beln
situated in the CLtr and County of Denton, State 6( Texas and
being part of the 1.3.3. 4 C.R.R. Survey, Abstract No. 141 and
also being art of a tract of land as conveyed iron J. 8. Corbin
and rife, Johanle J. Corbin to Roy A. Cunninghu by dead dated
Fsbraar 14, 1956, as shown of record in the Deal Records of
follows
Denton County, Texas, and sore particularly described AS
8301KNING at A point on the south boundary fait of Isathe
id
Cseniaghuf Tract, sold point lying West 317.5
southeast corner of said tract and the west right of way line of f
interstate Highwyy 331 said yalnt also being the existing City
Limits boundary ilne as established by 0rdiasnce No. 69.401
i THENCE north 00 44' west gloat the existing eltr 1laita a
distance of 11166 feet to a pont for a corner on the north
boundary line of said Cuaninshat Tragtt
THdNC3 south 194 Sol east along the north boundary line of
said tract pawing at 317.5 feet the northeast corner of said
`
tract and t~ne Vost right of way line of interstate Highway 55
eoinit ea the ceetarllne ofs ntatstito Highway 3Sf a point for a
THEM south 00 44t east along said Interstate Higbwsy 35
centerlias a distance of 141,14 lest to a point for a torneri
THENC3 Volt vvusing At 11165 feet the we:6411t t right of way line of
Interstate Highway $3 sad the southeast corner of said tract
l eoatinning a total distance of 500.0 feto the pla o
{ beginning and containing 1,1131 agree of , m0re or less.ce
is heteby changed fret Agricultural "A" District Classification }
Ufa to Coaaettiti "C" District Classification and Use under the
Coaprehativs Zoning Ordinance of the City of Denton, Texas.
The Zoning Map of the City of Denton, rixu, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances
of the Citr~ of Dentt1on, Texas under Ordinance No. $9., 1j, be, and 4
the alfSeats befsbO Sestended to show such change in District
TI,aC~t a City Council of the City of Denton, Texas hereby
finds that inch change is in accordance with a comprehensive
f, plan for the purpose of promoting the anifel Welfare of axone
fish of Denton Texa6, ant with reasonable
other things Eor the character of the district and i{or its
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gyp, peculiar suitability or particular uses, and with a view to
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2.1493 DaLIE CUNNINGNAN - PAGE 1 1
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eonserving the value of the buildings, protecting human lives,
and aneonrattng th! most afpropriato uses of land for the
maximum boas It to the City o Denton, Texea, and Its cltitons.
SICTION III.
That this ordinance shall be in full force sad offset
laaadi6toly after Its passage and a proval, the required Chile 3
hearings having heretofore been hold by the planning and ioning
Conrissien and the City Council of the City of Denton, Texas,
after giving due notice thereof,
PASSED AND APPROM this the day of Juno, A. D. 1411.
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CITY OP DBNTON, TOSU"K
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ATTUTs
3 Ty NICK
CITY OP DDt~ON, MA! . '
APPROM Al TO LICAL POIAMs
C. J TAYLOR JR. CITY ATTORNEY
CITY bP 69%N, HIM
BY:
is
2.1143 ENILIE CtlIMINONiW • PADS 2
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Planning and Zoning Commission
Recommendation to the City Council
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To; Denton City Council
Case No.; Z-1494 Date, June 30, 1981 E
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v GENERAL INFORMATION
Applicant Barry Wachal w
1104 Lynhurst
Denton, Texas 76201
statue of Applicant Agent for owners
Requeetion Action Zoning change from two,familq
(2-7) to dingle family (SF-7) ,
Purpose
{ Looation Pest side of Parkeide Drive
approximately 300 feet east of
North Lake Park
size Approximately 1.41 acres
1 i Existing Land Use Vacant
Surrounding Land Use North - single family, vacant,'
aad Zoning Agricultural (A)
South - vacant; OR, PD, MM
East - single family residentail;
91~-7
West vacant, North Lake Park;
Agricultural (A)
This area is designated as low }
Land Use plan intensity.
Zoning History The approximate 1.4 torsi trtot in
this request is Dart of a 8.4.acre
parcel which was zoned 2-F from
Agricultural in January, 1979 it -
the Mequest of Mr. Robert Jones.
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,Page two
Z-1494
j
GENERAL INFORMATION CONTINUED f
Zoning History Cont. The proposal was one which combined
zoning the 8.4 aore parcel 2-F',a
10,1 acre tract adjacent and east,
SF-7; and a 23.8 acre tract
adjoining the weetern'edge of North
University Place Addition 81'-10.
The three zoning petitions (Z-1373,
2-1374, Z-2376) were combined to
make a unified residential develop-
went and it was felt that proposed
duplexes would provide good tran-
sition between North Lake Park and
single family dwellings proposed
to the east (See attachment +F2),
SPECIAL INFORMATION
Public Utilities This property can be served with
water and sewer from Parkside Drive:
Larger taps may need to be made
by the City.
Physical Characteristics Topography slopes upward towards
the North. Vegetation is basically
grass and weeds.
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ANALYSTS
It is felt that this petition ie more restrictive than the current
two family (2-1') zoning on most of the parcel.
The petition is also consistent with the Land Use Plan Lh,that low` f
density residential development is being proposed, The overall
density intensity standard is not negatively impaoted, and tho
proposal affords an opportunity for some protection of adjoining
low density residential u3es.
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Page Three
Z-1494
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RECOMNDATION
The Planning and Zoning Commission unanimously recommends
approval of Z-1494.
c ATTACHMNTS
1. Aerial photograph
2. Planning and Community Development Department report to the I ;
Planning and Zoning Commission, January 17, 1979
3, Reply form totals
4. Property owner list
5. Minutes a
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Planningand Commtiaity Development Department
Report to the Planning Comm ,is on
Z-1373, 2-13741 Z-1375
January 17, 1974
i
i identity and Location: Z-1373
t
This is the petition of Mr. Robert Jones requesting a change in zoning I
from Agricultural (A) to Two Family (2-F) classification on 8.4 acres
adjoining the eastern edge of North Lakes Park.
Identity and Location: 2-1314
This is the petition of Mr. R,,rert Jones requesting a change in zoning
from Agricultural A) to Single Family (SF-7) classification on 10.1
acres beginning 32 feet west of North University Place Addition.
Identity and Locatisns Z-1375
This is the petition of Mr. Robert Jones requesting 'a change in zoning
from Agricultural (A) to Singlp Family (SF-10) classification on 23.8
I acres adjoining the western edge of North University Place Addition. ,
` these three zoning petitions combine to make a unified residential devei~
pment proposal. Duplex (2-F) zoning9 1s proposed in zoning petition 1.1873--
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adjacent to North lakes Park -providingy a transition between the park and
! the Single Family districts (SF-7d Z-13741 SF-10., 2.1375) proposed to the
east, The staff basically supports all three zoning requests and the staff
report on each follows.
v
Report: Z-1373 j A to 2-F
The tract in this request measures 1261 x 29601. The petitioner pro. }
pones to build a single row of duplex lots immediately adjacent to the
eastern edge of North Lakes Park. This appears to be a reasonable
etition because of the reletionshlp of this property to surrounding
land uses. 'the City's North Lakes Park development adjoins this tract
to the west. Duplexes are an appropriate land use in such a location f
because they provide a good transition between the park and singgle
family dwellings proposed to the east. General Retail (OR) zoning
abuts the tract to the south and again, Two Fancily (2-F zoning pro-
vides an adequate buffer between these land uses. No negative impact
to existing or future single family properties is anticipated as a
result of approval of this reqquest. The preliminary plat proposes l
large dupplex lots totalling 10,000 square feet. Municipal utilities
are available for extension to serve this propert and proposed
streets will give access to University Drive and L Windsor Drive.
For these reasons, the Planning and Community Development Department
recommends approval of petition Z-1373.
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-2-
Report; Z-1374 - A to SF-7
The tract in this request measures 1451 x 3050' The petitioner pro-
poses development of a single row of Single Family (SF-7) lots (76000
square feet minimum) opposite the proposed duplex lots, This & users
to be a reasonable request because of the gentle land use transition
it provides. SF-7 zoning on this tract provides an appropriate tran-
sitlon to the duplex lots proposed adjacent to the park, as well as
to the SF-10 lots proposed to be located adjacent to North University
Place Addition. No negative impact to existing or future residential E
roperties is anticipated as a result of approval of this request, k
Municipal utilities are available for extension to serve this property ;
and proposed streets are adequate.
t
For these reasons, the Planning and Community Development Department
recommends approval of petition Z-1374. a
. ~ a
Report: Z-1375,- A to SF-10
The tract in this request measures 3251 x 3200'. The petitioner pro
I { poses to build a double row of Single Family (SF-10). lots (10000 i
square feet minimum) adjacent to the western edge of North University
Place Addition. This appears to be a reasonable petition bkouse"it
is an appropriate and logical extension of existing SfA0 : IAV end
development which exists in North Universityy Place. 96 nd0[t O 'impiet
to surrounding residential properties is anticipated as a result of
ox-
tension to serve thistpro~ertundpproPoposedt streets oavailable e aater ex-
' p Y an •qq
For these reasons, the Planning and Community Development Department
recommends approval of petition Z-1375.
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PROPERTY OWNER REPLY FORMS ,
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IN FAVOR IN OPPOSITION UNDECIDEC
NO REPLY FORMS RETURNED ,
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June 3, 1981
Page Six
LaForte moved to approve Z-1493; motion was seconded by
Woodin and carried unanimously (6-0).
E. Z-1494. This is the petition of Barry Wachal requesting
a change of zoning from two family (2-F) to single family
(SF-7) classification on parcels OLRtad on the west side of
Parkside Drive and more particularly described as Block 1,
lots 111 12, B 141 150 16, 171 18 of Phase 1-Z, North
Lake Park Addition.
David Ellison explained the case,
i Barry Wachal spoke in favor of the request.
No one spoke in opposition.
David Ellison recommended approval,
Linnis McAdams moved to approve Z-14914; 'motion as seconded
by Carole Busby and carried unanimously (6-0).
F. Z-1495. This is the petition of Joseph W. Burris requesting
a change of zoning from agricultural (A) to single family
(SF-7 classification on a tract approximately 6.74 sores in,
size beginning approximately 280 feet north of the termination ;
of Bellaire Street.
r
David Ellison 'explained the case.
e
t Mr. Howard Burris, father of Joseph Burris and co-petitioner, a
spoke in favor.
No one spoke in opposition,
f
F ' David Ellison stated that the staff saw no prohletse with the
proposal and recommends approval.
f
i
Carole Busby moved to approve Z-1495; motion was seconded by
LaForte and carried unanimously (6-0),
V. Considerations:
A. Approval of the preliminary plat of'Las Moradas Addition.
'r Charles Watkins stated that the staff recommends approval.
Motion was made by Linnie McAdams and seconded by Carole
{ Busby to approve the preliminary plat of Las Moradas.
Motion carried unanimously.
Heating adjourned at 9100 p.m.
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G
AN ORDINANCE AMENDING THE TONING MAP OF TML• CITY OF DENTON TEXAS
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE Of ORDINANCES of
THE CITY OF DENTON, TEXAS, EY ORDINANCE N0. 69.10 AND AS SAID NAP
TON,
1-A LINORTH USE PkfX ADDITIOk l13 13 14 A~f ADUIT16N1TS TH~ CITY Of DENPHMS
TBUSi AND DECLARING AN EPPBCTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINSI
DICTION I,
The toning Claasiftestion and Use designation of the following
described property, .tO•witt
All that certain lot, tract, or parcel of land lying and being
y Iitustsd in the City and County of Denton, State of Texas and
being known as Block 1 Lot$ 11 120 11, 14 lf, ld 17 A D 11
j Phase I-Ap Tomas. Lake Hark Addition, an add if on to the City of
is fustyY Chang1ed frOS Two•Pe411 112.11" District Classification "
1 Use to Slsits Family 11911.7" District Classification and Use under
the Cost Pato olive tonin Ordinance of the City of Denton Texas.
The tent Ns 9 of the C ty of beaten Texas, adovted the i4t day
j of January, 160, as en A psndix to the Coda of ordinances Of the
Citr of Denton, Texas under Ordinance go. 69.1, be, and thn she
is yhereby amended to show such change !n Distrlet Classification '
"a use. a,
{ SICT20N fI.
That the Cltyy Couneit Of the City Of Denton, Taxis hereby
t finds that such ehanSe i1 in accordance with a t"Prehensiv plan
lot the perpasa of praseitnl the metal welfare of the Cfty of
Denton, Texas, and with : n s"Wo consideration, among other
thinly for the character el the district and for its Paeuliar
suitability Of Particular 4141, and with a view to eonserrinl the i
r lue of the buildials, protecting hutian fires, and encouraging
C~ay1ko tD~"pppptonp Teasl,u es of la dlas i the asilam beaslit to the
SIMON tit
That this Ordinance shall be in full force and effect f
issedlatety alter Its ppasse a and a reral, the required pubtie
hearings barial hereto are ~een held by the Planning and Lonfel
Coamsission end the City Council of the City of Denten, Texas,
heree..
a!ter tirlnE do notice s
I
PASSED AND APPROVED this the day of June, A, D. 1011.
3
CITY OF DBNTON, TE~U19
ATTEST1
i
HMO-1--CM 31CRUART
CITY OF DENTON, TEXAS
AMOV10 AS tO MAL PORN:
'A CiTY.OrADIN~W,R4XAS~ ATiORNBY
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• t~1404•EARRY MACHAL
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Planning and Zoning Commission
Recommendation to the City Council
To: Denton City Council .
Case No.: Z-1496 Date: June 30, 1981
i
GENERAL INFORMATION
Applicant Joseph M. Burris
P.O. Box 1613
Denton, Texas 76201
status of Applicant Finaucial interest
Requested Aotion Zoning change from Agricultural (A)
to Single Family (SP-7)
l Single Family (8F-1) development
Pupoee
Existing Zoning Agricultural (A)
I Location Beginning approximately 200 feet
north of tho termination of
Bellaire street. i
size Approximately 644 Sores
I
Existing Land Use Vacant
Surrounding Land Use North - Single family, resideo'titl,'
and Zoning vacant; Agric-siturol (A)
l South - single family, resideatial,
I Sr-7
!!k East - single family residential,
{ (A)vacant, 81-7; Agricultural
West Vacant; Agricultural (A)
..4"Licobla Regulations Area Regulations:
The minimum residential'lot aroa
a for the SF-7 Zoning claeeificaiton
is 1,000 square feet minimum; lot
width is So feet for residential
uses, and minimum lot depth is 100
feet. The maximum percent of
lot area which may be covered by
building in residential uce is
36 percent.
° fit...
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Page
two ,
.Z-1495
GENERAL INFORMATION CONTINUED
Applicable Regulations Setbacks tot SP-7 residentail uses:
Continued Setbacks are measured from the
face of the building, covered
porch, or balcony, Eaves and roof
extensions may project into the
required setback for a maximum of
four feet.
Front yard setback - 26 feet
Side yard setback - 6 feet
Rear yard oetback - 10 feet
I .
SPECIAL INFORMATION
c.
{
Public Utilities Adequate water, sewer, and elec-
trioal service is available for
extension to the site
Transportation The developer will be required to
extend Paisley Street eastward to
'
the North property line: of.tbis ~
tract. Mockingbird Lana wi11 be
improved and serve as a collector ,
street which in turn has access (I
to McKinney Street, a major collector,
Physical Characteristics Topography is basically flat;
vegetation consists of grass and j
weeds.
ANALYSIS 1
The site in this request is designated as a low intensity area
by the Land Use Plan, The plan encourages diversified land use, f
but concentration is discouraged in these areas except for low
density residential and small scattered sites of apartments ;
(usually lose than 200 units but no more than 600 units)j This
proposal is certainly consistent with policies outlined in the
Land Use Plan. It is felt that overall intensity/density Stan- F
lords are o!lbiously within an acceptable range with a substantial
amount of vacant land existing in this area. It is also felt that
the oca%6 of the proposal will limit access through local low
density residentail streets.
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Page Three
Z-1495
RECOMMENDATION
The Planning and Zoning Commission unanimously recommends
approval of Z•1495.
ATTACHMENTS
1. Aerial photograph
2, Reply form totals
3. Property owner ,ist
4. Minutes r
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PROPERTY OWNER REPLY FORMS
IN FAVOR IN OPPOSITION
Mrs. Dorothy Lee Wylie
623 Mockingbird Ln.
Denton, Texas 76201
J.P. Burris
Box 1613
Denton, Texas 76201
' Mrs. 0. N. Anderson
821 Mockingbird'Ln.
r Denton, Texas 76201 "g
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Planning and Zoning Commission 1
June 3, 1981
Page Six
LaForte moved to approve Z-1493= motion was seconded by
Woodin and carried unanimously (6-0).
E. Z-1494. This is the petition of Barry Wachs! requesting +
.a change of zoning from two family (2-F) to single family
(SF-7) classification on parcels located on the west side of
Parkside Drive and more particularly described as Block 1,
lots 11, 12, 154 14, 15, 17, 18 of Phase 1-Z, North
Lake Park Addition.
! David Ellison explained the case.
Barry Wachal spoke in favor of the request.
. I
No one spoke in opposition.
David Ellison recommended approval,
Linnie McAdams moved to approve Z-1444; motion was seconded
by Carole Busby and carried unanimously (6-0).
F. Z-1495. This is the petition of Joseph W. Burris requesting
a change of zoning from Agricultural (A) to singgle family
(SP-71-classification on a tract approximately b,74 aeries in
size eginning approximately 280 feet north of the termination
of Bellaire Street.
David Ellison explained the case,
Mr, Howard Burris, father of Joseph Burris and co-petitioner,
spoke in "favors.
No one spoke in opposition.
David Ellison stated that the staff saw no problems with the
proposal and recommends approval,
Carole Busby moved'to'approve Z-14951 motion was seconded b
LaForte and carried unanimously (6-0).
V. Considerations:
A. Approval of the preliminary plat of Las Moradas Addition.
{
Charles Watkins stated that the staff recommends approval.
Motion was made by Linnie Mt:Adams and secondel'Ll- Carole
Busby to approve the preliminary plat of Let Moralas.
Motion carried unanimously.
} Meeting adjourned at 9:00 p.m.
k
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NO.
AN ORDINAWC4 AMBNDINO THE LONIN: 4,p OF THE CITY OF Damm
TEXAS AS SAME VAS ADOPTED AS AN APPENDIX TO THE CODE 01
ORDIN~?ICES OP THE CITY OF DENTON TEXAS BY ORDINANCE N0, 69.1
^FDTHE MSAID 9AP - YOAACH MAPPLIES
SURVEYO, ABSTRACTN O. 114429 AND ELAJtII~O 00
AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY Of DENTON, TEXAS, HERESY ORDAINSt
SECTION
The 1061DS Classification and Use designation of the
following described property, te•ritt
All tbat Certain 6,70 acre tree', or pat al of land r`
situated in the M. Yoaeh= Surm,to Abstract No. 1442
to the City of Denton and County of Denton, Taxes1
sold tract being part of a treat shown by dead to
Walton Jay sad recorded in Volume 3014, Pass 027 of
the Deed Records of Denton Count?y, Texas, and being
more particularly described as foliowsi
i 114INNINO for the southwest corner of the tract bein
described hereto at the southwest corner' of sail
Walton Jar Trecti
THENCE north 164.0 feet to Walton Jeyoe northwest
eotaerl
THENCI north Coo It, 20" east $23.6 fat to the west
line of a tract toned SP-71
THENCE south with line of said SP-7 :*nod tract 864,4
feet to Walton Jay+s south line:
THEM Mouth Ito 11, to" west 122,6 lost to the ,
point of beginning.
1 Is herol changed from Attrleulturil "A" District Classification
Ua~ to Ingle Pamlly "SF•7" Dlotrlet Classification and Use
U0 or the Comprebensire toning Ordinance of the City of Denton, f
Terns. The tsnlag Nap of the City of Denton Tells, adopted the Ij
14th day et Jaappuety, 1960, as M Append tix to the Code of
Otdinanees of the City of Denton, Te260 under Ordinaries No,
60.4, boo and she 16106 is hereby amended to show such change In
Di6triet Claesiileitlon and Via.
NI '
Cho« the City Council of the City of Dentono Texas b6faby I
finds that such change to In accordance with a eapreheasire
Dim f t the put one of promottn the feasral welfare of the
City of Denton Texas, and with t~uanable eonsidetation most
3
other things or the character of the district sad tfor Its s
peculiar suite ility or pyart color uses, and with a view to
consetwing the value of fhe ulldings, ptotectiag human liw6a,
lad 6ncoursaing th/ seat s1ptoprlste uses of land for the {
maxl10um benefit to the city e( Deatea, Texas, and Its eltiaena.
l
1•1405•JOSIPH W. EURRI9
• r
• • I
I
SlCTION 111.
That this ordinance shall be in full forts And effect
immediately after its pales a and adproval, the required public j
Comalxiloe ind thin CitorCommeilholthe y the Cltypofn Dentona Tax$@$ I
i after =ivlaj due notice thereof. ry
I1 PAl9lD AND APPROVED this the day of June, A. D. 101.
WWI) 0
CITY OP DtNTONMAS
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ATTEETm
JRQQTJ NO LIT SEIrMT
CITY 01 DN. MW
APPROM Al TO INAi. POUs
C~ZJ.OTA1DflAft6 A TV ATTORNEY ~
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1.1491•JOSVH M. EUMIS
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Recommendation to Planning and Zoning Commission
To: Denton City Council
Case No. Z-1496 Date: June 30, 1981
t I
GENERAL INFORMATION ,
Applicant Richard Kelaay
611 First State Bank
Denton, Texas 16201
Status of Appiicant Agent for Owner
Requested Action Annsxatio~t of approximately 63
acres
Purpose Roaidential development
Location Beginning approximately 2900 fiat
south of the intarsaetion'of ,Hobson
{ Lane and F. M. 1830 (Coun'try Club
Road), and adjacent and east of
U, S. Highway 377.
f Existing Land Use Vacant
' Surrounding Land Use North - single family residential;
and Zoning E
TJ, SF-16
South Vacanti ETJ.
East - vacant, single family
resiientitlt ETJ
West - single family residential,
multi family, mini-warehouses,;
office, commerbial and light
industrial stripy LI
SPECIAL INFORMATION
Public Utilities Water and sewer lines will need to
be extended to this property and
survey work will need to be done to
` see if it tan be served with water.
Physical Characteristics Rolling terrain, Vegetation is
grass, weeds and trees.
P
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i
Page Two
ANALYSIS
The Subdivision Reggulations Advisory Committee formulated an
annexation policy for the City of Denton which has since been
adopted by the City Council
the , The anne followingg guidelines for date xation
ining when policy recommends
be considered t rm should is
i
annexation should
1. Single family development over five lots
2. Multifamily, industrial,
'
one acre or commercial developments over
3. Any area or part thereof, if the density exceeds 506 units
per square mile
1.
4. Any development or area that might present a Significant
impact upon the City in such ways as service coetifincreaead
traffic, utility needs or utilization, safety or health
hazards, substandard construction practices, detrimental
aesthetic quality or other similer community impacts.
In studying the qquestion of whether or not to annex, the
following criteria should be considered as a minim:
I. The ability of the City to furnish services within'a
reasonable time (within three years the service level 1p
should be equal to other comparable areas inside the 1
ii City limits).
f ~
2. The need and quality of land U1.14 and building controls r
' (private controls can be considered),
3, Current and planned provision for community facilities
such as roads utilities, ate.
be consideredS. (private facilities can
4,
Impact on the City both current and long range, including !
as a minimum=
a fiscal coat and benefits
b traffic
o infrastructure of roads, utilities, and other
community facilities
d safety or health
e building/development quality
f aesthetic quality
B community character i
5. Conformance with and/or need to insure conformance with
the Denton Development Guide.
Z
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Page 'three
ANALYSIS CONTINUED
It is required that annexation procedings be enacted initially
and separately in request for both annexation and zoning, The
petitioner is proposing to develop approximately 73 total acres
for residential purposes. Nine of those acres are already within i
the City limits. Projected development will include single
family (SF-10) lots on 44 acres, multi family (MF-R)'four -plex
type development on 3 acres and two-family (2-F) development en
lb acres, The Loning request is for planned development (PD)
classification, I i
i
RECOMMENDATION i+^
i
,i
This proposal is consistent with the annexation policy and the
Planning and Zoning Commission unanimously recommends approval
of annexation,
i
ALTERNATIVES
1. Approve annexation.
2. Deny annexation.
j ( 3. Table for future consideration.
ATTACHMENTS
1. Aerial photograph
2. Reply form totals
3. Property Owner List
a
4. Minutes
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PROPERTY OWNER REPLY FORMS 11
IN FAVOR IN OPPOSI.Ti6N DEI! CIDER
H.B. Osborne Lin and Sill Wendt
Drawer 5267 Rt. 6 Box 141
P.O.
Denton, Texas 76201 Denton* Texas 76201
I Michie Thaten
3309 Ft, Worth Drive
Denton, 'Pexas 76201 `
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4
Minutes
Planning and Zoning Commission
June 3, 1981
Page Four
Marilyn Gilchrist she felt the City must do everything it
can about the sewer plant odor. She felt the City should
not have built'the sewer plant next to houses in tho first
place.
Andy Sidor felt that someday the area is going to be annexed,
and felt it would be better to annex it now to prevent
problems. .
Carole Busby explained to the audience that zoning ordinances
r are"not meant to be punitive but are meant to be a benefit
to all.
Carole Busby moved to approve Z-1499;'the motion was seconded
by Linnie McAdams and'carried by a vote of 5-1 (Marilyn
Gilchrist voted to deny).
B. Z-1496. This is the petition of Mr, Richard Kelsey
representing the La Tierra Company requesting annexation and
planned development (PD) zoning classification to permit the
following land uses on a tract totaling approximately 63
acres:
1. -Single family (SF-10) on-44 acres;
Multi family (Mr-R) on 3 acres;
3, Two-family (2-F) on 16 acres.
The petitioner is also requesting a change of toning from
agricultural (A),to planned dove opment Pb) classification
on an adjoining tract totalin " approximatbiy 9,65 acres to
ppermit approximately eight (8I'acres of multi family and
1.65 acres of two family (2-F development.-
Davit, f.llison explained the case. Itt
Richarv Kelsey, representing the La Tierra Company, spoke i
in favor of the request, i
Harry Cotch spoke in opposition to the request. His main
I concern was drainage. {
Greg Edwards, City Engineer, explained that drainage would
be addressed when the plat is submitted. He said that the
1 developer and the City would work together to insure that !
other properties are not flooded out.
i Birch stated that he wanted to stay deannexe4.
M, C. I
1
Kelsey spoke in rebuttal.
tr;
David Ellison presented the stuff report and reommendation.
Liinnie McAdams moved to recommend annexation of the approxi
mately 63 acres. Carole Busby seconded the motion and it
carried unanimously,
y
its,
Minutes
Planning and Zoning Commission
June 3, 1981
Page Five
Robert LaPorte moved to zone this land planned development
(PD) with two conditions as recommended by staff; Linnie
McAdams seconded the motion and it carried unanimously (6-0).
Linnie McAdams moved to rezone the second parcel from
agricultural (A) to planned development (PD) with the
same two conditions, Motion waa seconded by Marilyn Gilchrist d
and carried unanimously (6-0),
C. Z-1490. This is the petition of Elbert Hughes and
Dewain Campbell requesting a change of zoning from agri-
cultural (A) to Commercial (C) classification on a tract
approximately 3.7 acres in size located along tho north
aide of Highway 380 East beginning approximattily 1500 feet
east of Trinity Road
David Ellison explained the case,
Ann Powell, representing Elbert Hughes and Dewain Campbell,
spoke in favor of the request,
No one spoke in opposition.
David Ellison resented the staff repoit,and recommendation,
stating that tha Land Use Plan discourages 'strip commeroial
zoningg and therefore recommends planned development (PD)'
I classification. {
k Ann Powell spoke in rebuttal,
Robert LaForte moved to a Provo Z-1490. Motion was seconded
by Bob'Woodin and failed by a vote of 3-3. (Woodin, Laporte j
and Busby,"aye) Gilchrist, 5idor, and McAdams Indy"), i
Linnie McAdams and Andy 5idor stated they would like to have
planned development (PD) zoning classification to insure
proper so teas.
Marilyn Gilchrist moved to amend the first motion to planned
development (PD) %ob.Woodin seconded the motion and j
it carried unaniiu .sly (6-0).
j D. Z-1493, This is the petition of Emilie Cunningham
I requesting a change of zoning from agricultural (A) to
f commercial (C) classification on a tract approximately 2.8
k acmes in size located along the west side of Interstate
{ 1
Hi h 173way 35 beginning approximately 220 feet north of F.M. David Ellison explained the case.
Emilie Cunningham spoke in favor of the request,
No one spoke in opposition.
David Ellison presented staff report and recommendation,
which was appt:oval. ,
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NO. A4-~ !
AN ORDINANCE BY THE CITY COt,.CIL OF THE CITY OF DENTON, TEXAS
ADOPTING THE PROVISION, Or THE TEXAS ALCOHOLIC BEVERAGE CODE
PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS {
ON-PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMIT-
TEES, AND TO C0148UMXPJ OF ALCOHOLIC BEVERAGES THE RIGHTS AND
PRIVILEGES PROVIDED FOR IN MR PROVISIONS OF THE TEXAS ALCOHOLIC
BEVERAGE CODE! PROVIDING FOR A LOCAL FES AS AUTHORIZED BY THE TEXAS
ALCOHOLIC BEVERAGE CODEt PROVIDING A PINALM AND DECLARING AN EMER-
GENCY.
WHEREAS, the Legislature of the State or Texas enacted the
Taxes Alcoholic Beverage Cone, by Acts 1977, filth Leg., Chapter
191 and amended by Acts 1977, 83th Log., Chapter 153, both effective Y
September 10 1977, to authorist the governing body of any ;noorpor-
ated city or towr located in any county with a population of loss
than three hundred thouu -%d (300,000) inhabitants according to the
last preceding federal conaus, by ordinance to adopt the extended
hours during which alcoholic beverages may be lawfully consuatd in
1 a public place, and the extended hours during which alcoholic bever r
i ages may be lawfull,* sold an preaisas, in conformity with the provi-
alone of the Texas Alcoholic Boviraq Codas and
WHERGI, the City of Denton, Texas is'localed In Denton County,
State of Mae, which said county has a population of loss than three
hundred thousand 1300,0001 inhabitants according to the last preceding
federal oonsusi and
WHIRMj the City Council of the City of canton daeiree to ltmt
to Retall Dealers On-Promise Late Hours Lloeasets, Private Club Late
Hours Peraittses, and to consumers at alcoholic brvessges the rights
and privileges provided for in the Tessa Alooholic Beverage Codas and
WHIRIAS, the Toro Alcoholic Saverage Coda authorises the govara-
Lag body of a city or town to levy ►nd collect a fee not to exceed
one-half the state toe for a permit at license issaed for the premise
located within the city or towns
CRbAlNRaf THIREPoRE, TR9 COUNCIL OF THE CITY OF DIR M, TZXAJ, NERINY i
x=109 :a
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It shall be lawful for any person within the corporate limits of
the City of Denton to consuns an alcoholic Woraga in a public place
or possess in alcoholic beverage in a public pisee for the purpose at ,
' aonsunrainq thr same in such public place during the extended hours
}
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of fact immediately from and after its passage, ■s the law in such
cases provides.
PASSED AND APPROVED on this the-e. dAy of 46W 1979.
CITY 01 DCMTOB, TZXA/ .
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CITY OF MTOW0 TZXA!
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APPW"D AS TO U"L MM
CITY *I, DIMMO TNXU
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CITY OF DENTON
MEMORANDUM
a
DATE: June 50 1981
TO: Jeff Mayer, Director of Planning 8 Community Development
FROM: C, J. Taylor, Jr., City Attorney
SUBJECT: Procedure for Disannexation of Power Plant Property
Attached Is aproposed ordinance setting a public hearing on the
pro aged disannexation of the power plant property, a form for
pubic notice thereof and the propose disannexation ordinanca,
While State Law provides procedures for the disannexation of
property upon etition of property owners, the Statute$ and City 1
" Charter are silent as to the procedure to be followed when a
Hoare Rule City of the population of Denton wishes to disannex
property owned by the municipality, Therefore, it is I
recommended that the procedures for annexation set forth in the
Municipal Annexation Act, Art. 970a Y.A.T.3., be followed as
closely as possible.
The Municipal Annexation Act provides for a two step prates:
first, notice and public heating are required before instituting
any proceedings and secondly, the Council must introduce the
ordinance after the required time has elapsed after the public
heLwing.
1, A public hearing must be held not more than twenty
nor less than ten days prior to the introduction of ;
the disannexation or:+inance. Notice of the public
hearing must be puolished once in the official
newspape not more than twenty nor less than ten
days riror to the public hearing, Although not
specs icaliy required, it is recommended that the
authorization for notice of the public hearing be
jj by ordinance.
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Jeff Mayer
June 5, 1981
Page Two
4, Not more than twenty nor less than ten days after !
the public hearing, the proposed disinnexation
ordinance must be introduced, 'Section 1,03 of the
City Charter provides that final action may not be
taken on the ordinance' until at least thirt days
have e.apsed since its publication, The drdinance
may be published concurrent with its introduction
or anytime thereafter, (Hear in mind, however,
that final action must be taken within ninety days
after institution of the proceedings and thirty
days must elapse after ppublication). The ordinance
must be published once in the official newspaper of
Denton.
Should you have further questions in regard to disannexatien
procedure, please advise.
,
G. , rymly
CJTJRsjs
Attachments
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! NO.
AN ORDINANCE SETTING A DATE, TINE AND PLACE ON RIH PROPOSED
DISANNEXATION OF CERTAIN PROPERTY HY THE CITY Of DENTON, TEXAS,
AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH N0TICI OF
f SUCH PUBLIC HEARING.
i THS COUNCIL Of THE CITY OF DENTON NERHHY ORDAINS: .
HUM I-
, p
Oa the day of 19116 at
o'clo u111
ck P e the Cit tonac Total " chi City Count c
Hul1,11A of f th the City o! hen
hold a public hearing giYing all interested petsonr the right to
i Appear as,d be heard on Wo DDro11 I d disannsxat ea by the City of
Denton, Texas of the following described preparty, to-wits
All that certain lot, tract or parcel of land lying and being
' situated in the Citrr~ and CountnSy of Deeten, , State of Texas, And
Was part of the N. Austi urrey AbOtsaet No. 4, &ad also
bafAg Dart of a tract of land as deeviva; feteDt4ton. Fmiddr, n
Otis wits, Marcella S, Henderson to C y
r:aiclpal corporation by deed dated October 13 1914 and
tacetded to Volume 391, ate 116 of the Deed Records of Denton
411* deedtkbed as (ellow/s J
County, Tatar, and More par
lying at the routheart corner of raid tract, said point 1
on the north right of way IIna. ef Spencer Rosdt
THENCE ditto le 33' east aloe toe a aointbfo des eotnirt of said
point
68 tat
941.
of 1
tract a distance
Y, NENCII south Igo watt a Atrtaneo of 1100 rest to a point for a
( corners
THENCE south 616 04, 1711 vest a distance of 611.14 feet to the
westerly southwest eevner of sets tract and the north fist of
way Has of Spencer Roads
THENCE south 496 if' rest aloe the southwest boundary line of
distinct Cof 1196 91 lest right the southerly soutlhioesteearner of {
said tracts j
txact,asd north fight of`way itqa of Sp neilnload i tissinea of
r 636.11 toot to the lace of baiinnteg and Containing 14.414
Meter of land more at plots. +
The M nor oft deer ty eo Denton ruehas, ublic t onside
l ettheipubilshad once in a newspaper having tay reranee iioinat i
City and in the above 4esetkbad tattl e sn
In th i
Cit `
r `e' pCu~bt its Attl~iirell Plnor06a,lts IdsVornones aelin Tests days tlsr;eit!i,}etpdate l nn xatlon !
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This otdinoncs $hall be in lull force and effect
limedistely following its Passage and approval.
PASSED AAn APPAOYED this the day of , 1911. }
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c1rr R r~Da~rott r1 `goat 1
ATTPSft I
s1TY OP Dgn#wi~ TEXAS
AMOM AS TO LIGAL FOR141
c.'J, TAYLdI JR, CITY ATTO"SY
7 %A4
CITY of DM KO
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AN OADINANCH REPEALING ORDIKkNCE NO. 7t-39 PASSED AND APPROVED Ir
rY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS ON THE 19TH
j DAY OF MAY 1910 PERTAINING TO EXTENDED HWS FOR THE LAWFUL
SALE, FOSS ~MON AND CONSUMPTION OF ALCOHOLIC IMAGES IN THE
CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
heretofore enactediOrdinance No. 70-39ito provide orTortond d
hours for the sale and consumption of alcoholic beesrspes in 1 ,
the City of Dent On, Tessa pursuant to the provisions of the 1}
TexasAlcoholic lerarale Code; and
WHEREAS the City Council of the City of Denton hereby
find and ~otaralnes that It is in the bat interest of the
eititons of the Cit of tenton to reppeal sat ordlasnci and no
Pewit the axten4ed hours for eh• sale, My ens
consumption of alcoholic boveraSae in tho Cfty of 4enton, ?
Texafl NOW, THEREFORE,
THE COUNCIL DP THE CITY Of DENTON, TEXAS HEREfY ORDAINS:
9ECltON I, ,
Ordinance No. 79.30 pused and op roved 'sy the City Counell
of the City of Denton, Texas on the d9th day of May, 1910 be,
end the semi is hereby repealed.
SECTION It,
This ordininaa shell become affective (too and after the
lot ay of July, 19116
SECTION III,
The City Secretary 1% hereby instructed to forward a cod~fer
of this ordlnsnes to pte Director of the Texas Alcoholic
rippvtiiintatlof ioahe i?axaiu;tittoheiEe sler riri Ci+sniliiiwi sin
thi City of Denton and In the City of Dallis, Texa/.'
PASSED AND APPROVED this the day of Junes 1061.
CITY OP DlNTON,' TE~IAS
.M83Te i
6110013 MET,
APPROVED AS TO LHAL YOM
C J. Or its C TY ATTOANBY
CITY Of DENTdN, TBXA
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111111 dune 30, 1981
CITY COUNCIL AGENDA ITEM tl/
!
SUBJECT t
Agreement Between the City of Denton and TMPA for use of
City Land and Easements to Construct? Operator and
j Maintain a 138KV Transmission Line and Associated
Facilities Between Denton Steam Plant and the Proposed I
ARCO Substation.
SUMMARYt
The proposed transmission line and associated facilities
are for the purpose of furnishing a 100 MVA
interconnection between the City and TMPA for electric
service from future power supplies to be furnished by
TMPA and/or economic dispatch power from other members of
the Power Pool,
The Cityy has obtains! the right of, way with the
expectation that, at some future dater the City, will
purchase the 138KV transmission line when the City load
requirements are such that a 138XV loot, system will be
required +sround the City. At this time, all right of way
has been obtained except the last two parcels adjacent to
the ARCO site, y'r
FISCAL SUMMARYt
The total cost is expected to be approximately $93,000.
Tho total spent to date is $8ir000.
i
ACTION REQUIRE'DI
i
Execution or disapproval by the City Council of the
attached Agreement, ft
RECOMMENDATIONS ! Y'
The Public Utilities Board, at their meeting of June 29, I
G 19810 recommended to the City Council that the Agreement
be executed so that the 139KV transmission line may be
constructed as soon as possible, Lack of this facility
t ' being in service has reduced the City of Denton's
capability to fully utilize the economic dispatch program
j due to existing transmission line limitations,
/Rlspeotfullyj
v
Y
Br u110e
Acting Director of Utilities
EXHIBIT I Map- showing location of facilities
it Agreement form regarding substation and transmission
line between City of Denton and TMPA
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NAMAN, HOWELL, SMITH, LEES MULDROW
CuutN OriTM W1 611`001) w. NAMAN
MILTON M. MOW 466 A 01110/C $$10 NAL COA PORATION IuAf• I
J.00nNp 699
Louis. MU6000w A7T011NEVf AT LAW MILTON 4.Mowe46
f ALCKAM044 M. MAW 40.f-144.1
A60COT wITCMtN TEXAS CENTER
! PAUL M. 01,9$AND 7
ACA 6WMPA094 NINTM AND WA$MIMOYON Of 0041,046
iI ROT I.. 11AA. a" OC000C CMANC
1
{ LANM OJAADT O. GOA 1470 WILWAM J. scow "k
I Wt91.91 J, /ILEA
J4*49 1,4$" DONALDOON WACO TEXAS 78703
CMARL9$ M. MIRROW T AWIIN O/►IGp
LARIRY 4, OCNAMA!I (817) 184•t01 $00 LI7L9PIELD 2UVLDIN6
444NT A CAMPOC61 .
" DAN ►L41f9 91NTM AND CONO$CH t
$90004 Let 111,11149, on. AIJSTIM,TCXA816701 t
out HC*N AAT00LD
A I OMAP0 M. INACT (4Q Aq•0700 !
JOMN f, MAW NI NO
4 R4CNARO4OPOAMgJA June 160 1981
TMOMA4 0. SWANN 4
/RANK 11MCL,JR.
$L4MLT W411,14 1
PMILIP M•JONd .
P0909PICA 1,aJ071WICK.m
1 J04 0. NORLCN -
TCRNT A KINTON i
Mrs C9 J. Taylor A,
City Attorney
City of Denton
city Ball
Denton, Texas 16301 1
Ret TMPA City Agreement t
Dear Cs J.e
Enclosed herewith is the proposed egreenent regarding
s ssubstation and transmission line, with the changes requested by
Ernie Tullos made. y
Ernie advises that he is working on the descriptions to b4
attached as sxhiblt •B." They arat
is That area on the city property where tho substation is
to be located next to the Denton steam plant. r,.
(
ZP Routes for proposed transmission lines over the city
property into and out of tho substation.. !.f the agency
and the city have already agreed upon an" established
the Contest those should ba identified genorally Metes
and bounds and, to- avoid unnecessary future
supppleswntation, cow provision probably should be
inoluded to the affoot "and for the right to locate
transmission lines and related facilities along such
routes or o;. such othar portions of said land as may be
approved" Isy the Direotor of Utilities for the city.
34 The property described in the easements obtained by the
cities on the Denton stecm As ARCO transmission line
route/ This can be done by reforenoe to the property ~
described in the assementgt and incorporated simply by ~
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at. C. J. Taylor -2- Juno 16, 1981
j
making reference to the volume and page number of the
easemont to tha city, on all except four tracts oa which
the city does not yot hold a recorded casement. In
those cases, it would appear to be adequate to simply
attach the description of those proposed easemants,
subject to their acquisition by the city.
4. Ernie also mentioned some tract of land in the
3 right-of-way, other than the Denton steam plant
property, which is owned by the city. on that tract, it
references to tha doed into the city and a general ~
i desoription of the transmission route could also be
inoluded which Ernia indicated he could draw.
As previously mantionodo the Agency is in somewhat of a bind
with the contractor needing possession, and the Agency is willing
to assist in any way that you fool might expodite obtaining
possession. We unddrstand from Ernie that the people they have
p$ ached have indicated an unwillingness for the city to take
pe #
possession prior to the execution of An oassment. We understand
that you hope to present this agreement and the request for
authority to pay the amount required to settle two of the
remaining tracts, probably at the council meeting on the 30th, and
that Ernie hopes that within a couple of days after that, those
tranaaciions`can be closed. That would leave one tract on ono and
of the lino on which the city has bdon unable to reach in ;
ii agreement.
you and Ernie can do to
I We would appreciate anything that i
obtain prompt possession of the remaining tracts.
Thank you for tour continued assistance, k
Yours vory truly,
KAMAN, HOWELL, SHITHr US i MULDROW
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Albert Witcher
AWikb
Enclosure
col Kra Prank Bass
Air. Ernie Tullos
1
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AOREE![ENT REOAADINO SUBSTATION AND TRANSMISSION LINE
THE STATE OF TEXAS
~ KNOW ALL MEN BY THESE PRESENTSt
COUNTY OF DENTON
That the City of Denton, a municipal corpo'ration' acting
herein by and through its Mayor, of the County of Denton, Taxes,
hereinafter called "city," for and in consideration of the sum of {
j i AND NO/100 DOLLARS and other good and valuable consideration, a
h receipt NO Y100 is Tm hereby acknowledged, paid by Teams Municipal t
Power Agency, a municipal power agency created under the authority I
II of Article 1436a Tex. Rev. Civ. Stet. Ann., hereinafter called
t "Agency," has granted, and by these presents does grant, unto
? Agency, its successors and assigns, subject to the reservation
hereinafter made, the right to construct, reconstructs operate,
maintain, inspect, add, remove, rappair and relocate certain
electric facilities, hereinafter cc lectively referred to. as
"electric facilities," for the purpose of providing safe efficient 4
and economic transmission of electric paver and energy located or
1 to be located upon portions of Cityto land in the above named
County, said land being more particularly described as follows%
` DENTON STEAM PLANT SUBSTATION LOCATION AND RELATED FACILITI68t
I (See attached Exhibit A for description)
NSMISSION I T-OF-w Y, BETWEEN
8 AT I ME
;S I IMP RELATED A 8 ACILITIESt
(Sea attached Exhibit b for description)
j
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i together vita all rights necessary or convenient for the full use
f° 1 of the abaft grant, including reasonable access over across and
upon city's other land adjacent to such areal the right to trim
or remove trees and shrubbery to the extent necessary, in the
sole judgment of Agency, to prevent possible interference with
the operation of such facilities or to remove possible hazards g
theratof the r! ht to put gates in existing fences within such
grail and the right of city to remove or prevent the construction
by third parties of any or ■ll buildings, structures and obstruc-
tions within such area.
It is expressly agreed that the electric facilities, placed
by Agency on the above described land, shall be and remain the
roperty of Agency and shall not go with or become a part of said righ i how the expiration of the term ha of Ctoyremove it Agency a expenas
such electric facilities then remaining on the above described ,
land.
The rights herebyy granted to Agency shell remain in force
for the tame term as the Power Isles contract on file with City,
4 dated September 1, 1916, between City and Agency. City warrants s
during such term that. Agency shall, have quiet possession and ;
enjoyment at the rights granted herein.
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city reserves title to the land and the right to continue
I the present use being made by city of the above described land
and the right to use the above described land in any manner and
for any purpose, including the location of streets, sewers and
other munioipal use, which will not endanger or unreasonably
j interfere with the facilities of Agency or the use thereof subject
to Agency's rights to enclose such portions of substations and S
switch yards as is customary for security and safety purposes.
The rights granted hereunder to Agency may be assigned in
whole or in part provided that any such assignment shall be
r subject to the the rights of City set forth herein and provided
i tulther that Agency shall not permit any assigqnnto to mace any
other or different use of the premises covered by this agreement)
provided however that should the Agency desire to sell the electric
facilities thereon with its rights in such facilities to ■ third
person at entity, it shall first notify city of such proposed
sale, and City shall have the right for ninety (90) days following
such notification to purchase such facilities from the Agency on
the same terms and conditions as the sale is proposed to be made
to such third person or entity.
The term sale shall not include transactions such as rights
of use granted by the Agency In connection with interconnection
and transmission agreements made with other utilities as a part
et its overall transmission system for the purpose of providing
electricity to its member cities, nor legal transfers to successor
entities or a recreated agency formed under the provisions of
Article 1415+, see. 44.
said right of first refusal shall be subject to statutory
provisions applicable to the sale of such facilities, the provisions
01 , power sales contracts between the Agency and its &taber
eitee, sad the provisions of all bonds and bond resolutions,
which provisions if in conflict shall govern, so that nothing
herein shall require the Agency to violate a law or breach or
default in any provision of the power sales contracts with the
aities, its bonds or bond resolutions.
It it expressly understood that City, is additional consid-
eration for the granting of these rights, will be held harmleee
by Agency, its successors and assigns, against any claims on
account of death, injury or damages resulting from its installation,
operation and maintenance of said electric facilities of Agency
on said City property (except claims an account of death, injury,
or damages caused by the negligence of City, its employees or
agents).
WITNESS the hand and seal of the City of Dentan, Texas, this
day of .1961,
CITY Or DENTON, TEXAS }f
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mayor
ATTESTc
_I
City Secretary
APPROVED As TO POARI R
C ty orney
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.3.
wool
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THE STATE OF TEXAS I I
,
E COMM OT DENTON 1 {
mrom ME, the undersigned authority, on this day personally
appeared mayor of the City of Y
tontoo the foregoing 41XUP known ito me ot, e the person whose name is subscribed I
and acknowledged to an that he
executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said City of Dentou.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day #
of 1961.
ti
ary c in and or
Denton County, Texas '
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TRACT DESCRIPTION DATE RECORDED VOL PAGE
1. Power Plant Property
EXHIBIT "A°
2. City Property
EXHIBIT "B"
3. Alex Dickie Est. 06/22/81 1084/160
,
4. Henry E. Williams Est.
5. Karl F. Young 09/02/80 1033/860
1 r:
a 6. Robert S. Liner 06/17/81 1083/529
7. Alen Dickie Est.. 06/22/81 1084/160
8. Metroplex Equities,
Inc., Trustee 07/31/80 1029%281
9. Don Johnson 10/26/60 1042/564
10. Jessie Coffey 07/25/80 1027/974
11. Hyman Littman &
Florence benedik 11/25/80 1048/748
12. Borth Texas Nursing
Home of Denton 03/09/81 1064/612
13. Charles Glasgow 08/07/86 1031/877
14. Turner Gassaway 03/10/81 1066/533
F 15. Junction 288 Partner 03/23/81 1067/886
16. City Property
EXHIBIT "C"
17. Walden Powell Naylor 01/29/81 1057/937
18. Charlie Mercer 03/20/81 1067/40
19. Emerald Davis, Executrix
to the Estate of Elma
Adella Owens
20. James H. Russ(rll, Trustee
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EXHIBIT "B"
and being
All that certain lot, tract or parcel of land lying and t
situated in the City and County of , Denton, Abstract No. o 4 Teand also 1
being part of - the M. Austin Survey, +
being part of a tract of land as conveed Deededated
and wife Ollie R. Dickie to city a 105 of the Deed
June 7, 1972 and recorded in Volume 64 andpa more particularly
Records of Denton County,
described as follows:
` Point north 10 25' 30" east 38.5 fort fromeage,
Beginning at a said point lying the
southwest corner of said tract, to the City of Denton by deed tie
+ boundary line of tract conveyed
recorded volume 398 page 576 of the Deed Records of Denton
County, Texas;
Thence north 10 25' 30' east along for tract we=st boundary
a corner
line a distance of 70.0 feet to a point
the south 11neaof said 5 trfeet north of act a distance a of 901a95e feet
Thence north 89 boundary 501
to a point for or a corner on the east boundary line of said tract.
Thence south 00 08' east along the east boundary line of said
tract a distance of 70.0 feet to a point for a corners
Thence south 890 50' west 38.5 feet north of and parallel to
the south boundary line o. said tract a distance of 903.85 feet
to the place of beginning and containing 1.450 acres of land
more or less. '
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EXHIBIT nCu
All that certain lot, tract or•parcel of land lying and being situated in
the City and County of Denton, State of Texas, and being part of the
M.E. P, 6 P.R.R. Survey, Abstract No. 14690 and also betny part of a tract
of land as conveyed from LESLIE T. HOLLAND, etal to The Citk of Denton by ~
Deed dated December 190 1966 and recorded in Volume 5450 Page 102 of the
Deed Records of Denton County, Texas, and more particularly described as
follows:
i
BEGINNING at a point on the West boundary line of said city
tract, said point being North 232.2 feet from the Southwest corner of said
tract and the North boundary line of Audra Lane;
THENCE North contiining along the West boundary line of said
tract a distance of 70.0 feet to a point for a corner;
a
THENCE South 870 East a distance of 350.48 feet to a point for
a corner on the East boundary line of said tract and the West boundary line
of Mayhill Road:
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THENCE South along the East boundary line of said tract and
the Wesi boundary line of Mayhill Road a distance of 70 feet to a goi.nt {
for a corner:
THENCE North 870 West a distance of 350.48 feet to the place
of-beRinninR and containing 0.56 acres of land more or less.
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June 30, 1981
CITY COUNCIL AGENDA ITEM
SUBJECTS
i
Consider Easement Acquisition Policy for Interceptor
Sewer Lines.
SUMMARY,
The City will begin acquiring easements for the Hickory
Creek Sewer Line and certain other lines associated with
the anticipated EPA grant. Therefore] it is necessary to
establish certain guidelines and terms that can'..be considered by the City's` representatives in acquiring
such easements. These guidelines and terms are set forth lzj
in the attached Exhibit I. 10
ACTION REOUIREDt ;
e.
Approval or disapproval by the City Council of this
policy.
RECOMMENDATIONt
h '
The Public Utilities Board, at their meeting of June 29,
1981, recommended to the City Council that this Easement
Acquisition Policy for Interceptor Sewer Lines be
approved.
spectfully,
E. BTulloa
Acting Director of Utilities
i.I
EXHIBIT I Proposed Easement Acquisition Policy for interceptor
Sewer Lines.
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I ADMINISTRATIVE POLICY /PROCEDURE
j TITLE: 1
EASEMENT ACQUISITION POLICY FOR INTERCEPTOR i
i EXTRACT SEWER LINES DATE i
PURPOSE
,
To establioh the City's easement acquisition policy for interceptor sewer lines.
AUTHORITY
Denton City Council.
POLICY/PROCEDURE
On major interceptor sewer lines install►,d by the City of Denton, no sewer line
taps will be given as part of the easement settlement.
i
The City shall not waive pro-rata and/or sewer tap fees for present or future
property-or.Aers where the City is rsquired to purchase such easeaenta, whethsr,
through the process of negotiation or condemnation, Such property fwners shall.,bo
I required to' pay a pro-rata fee and a tap fee for-,suoh rower $#Mee+ ilV1fn
accordance with Ordinance J25-76 and #25.17. These Ordinances require a developer
{ or sorer user who owns the property on one side of the sower 11ne to pay 60 of the
j pro-rata for the entire length of the newer line going across such develope r/user'a
property. If the developer/user owns the property on both sidee'of-the sewer 1l.ne,'
the pro-rata fee is 100% of the amount as established in `Ordinance #25-76 and
025-77 and as amended from time to time by the Public Utilities Board.
Where the property owner does. not grant easements free of charge, the City
representatives shall be iuthorised to offer an amount up to the appriised value of
such land included in the easement. The appraised value shall be based on
equiviient per acre land values in the near vicinity multiplied by the acres
included in the easement.
Where property owners do not grant easements free of ohargo or for payment up to
the appraised value, the City shall proceed to acquire such easement through the
normal condemnation procedure, Rowover, the City shall charge all such present or
i future more of said property full pro-rata and tap fees in accordance with
ayplicable ordinances.
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June 34, 1981
CITY COUNCIL AGENDA ITEM
a
SUBJECTS
Consider Request Made' by the city of Corinth to Serve
" Property With Water in the City of Denton 's Extra
Territorial Jurisdiction.
ti. SUMMARY! 1 .
The property to be served is owned by Mary Helen Wright. ~ r..
The City of Corinth has request water service in the City ttt
of Denton's Extra Territorial Jurisdiction `(BTJ) per a
commitment made by the former Di,~ector of Utilities, Mr.
Doug Blackburn, in 1973. See Exhibit II,
if this request is granted, it is understood by the City
4 of Corinth and agreed to by them that at such time as the
City of Denton has water services to or beyond this said
tract of land, the City` of Corinth will relinquish
provision of water to this tract to the City of Denton.
FISCAL SUMMARY!
Not Applicable
t
ACTION RLUUIRED!
Approval or disapproval by the City Council of this f
request to serve the Mary Helen Wright tract of'land With
water with the provision that at such time" as'City of
i Denton has water services to or beyond this said tract of
I land, the City of Corinth will relinquish provision of
water to this tract to the City of Denton.
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RECOMMENDATIONt
The Public Utilities Hoard, at their meeting of dune 29,
1981, recommended to the City Council that this request
E from the City of Corinth be approved with the provision.
that the City of Corinth will relinquish the providing of
water to this tract to the City of Denton at such time as t
the City of Denton may extend such services to or beyond
the Nary Helen Tract of land.
7RpecotfuIIy, 3
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B. TUllOS ski
Acting' Director of Utilities
EXHIBIT I Request from City of Corinth
EXHIBIT 11 Letter of Agreement made by the Mayor of Corinth,
Mr. Ray Meadows S. Doug Blackburn, former Director > fi
of Utilities, City of Denton, Texas dated Pebruary ,
3, 1973.
EXHIBIT III Map _FP
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EXHIBIT i
JIM Mc(1ALLIARD
MAVOR
' co11114 w ntnEk
,Town o~ (moo
ROUTE 3, 2003 SOUTH CORINTH I
DENTON, TEXAS 76201
(811) 491.4353
April 28, 1181
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City of Denton
P.E. Nelson, Director Utilities
Denton, Texse 76101
Dear Mr. Nelsons
The City of Corinth hereby request of the City f Denton written authorization
p Moore
to place s eater meter on an existing water line on te property of Et All (speeificolly, the property of Mary Helen Wright) for tha purpose of
providing water to said property pursuant to existing Fnd prior agreements more
specifically cited below.
It to undorstood end agreed that the City of Corinth ani the City of Denton are futu providinheyuctheaCity'ofiDentontmayhextendcsuch servicesifromcwi hinrtheiCityeof
If$ De or
Denton to, or beyond, atAid tract of lend it which time the City of Corinth shill
relinquish the providing of water to this tract to the City of Denton.
It iu my underst"nitng that the City of Denton and the Town foCorint ve in gofnt Helen
Wright
plac ed a ,'tint across across pro the Damid enremeo filed in the records of Dentots
~ Sewer tine across her r property,
County, end the Town of Corinth in February 173,
At the some tine it is further underatood that theeg City of Denton ant the Town of Util Corinth entered into nn agreement through htheir a(ents Doug eor
ofc~risn,(tb the 'ipwn
j ity Director of the City of Denton), y td
Cemrnieston of Cortntb= and Z.D. Hoore Et All to "Build, sungly, 'and connect a water n~t line to the property of Z.D. MooretEt At at l 0:14 cge~ M himntlnlexchOil
i r7thengt-
onto the the afire mentioned Ze gore, 11 hen cad tng of the afore e mentioned onoaed easement." It was further theyt(Denton)'uwi11 serve Yes }
Denton builds water lines" past your propertyd
and Corinth will disconnect ,
The 'form of Corinth did lay R water line onto said property in hbruarv l'Yr3, a. the J
agreed point, to supply Deacon crater via Corinth in the msnoer agreed and for the
pnrpoee of the granting of on easement se described above,
Youre Truly, i
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' ,1tm "alliord, Mayor }
Town of Corinth i
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j. r` TOWN OF CORINTH`` ~
A OROWINO CITY WITNOUT A TAX
ROUTE 3, BOX 942-A
DENTON, TEXAS 76201
February 3j 1973
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EXHIBIT It 46
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Neal J• Tinnerello ' i
Denton Teas
s Dear
We letter is to advise you that the City of Denton Vtility
Director, Mrs Doug Blackburn has agreed to a 3/4 inch water.;
main under old Highway 77 to your property to serve"you- with
Denton water through Corinth lines to your roperty• Theno'
*hen and if Denton will build water lines they will serve. '
YOU$ and the lines will have to be disconnected from Corinth.
The Town of Corinth Commission has met and agreed to to run
the water line. to you at too agreed point by you last Friday,
at no cost to youp in exchange for a signed easement to cross
your property with the sewer line on the north side ok you
property along the fence line and just inside five or aix'
feete with twenty live feet working easement and a ten loot
permanent easement to work in case of a break.
The water line is to be built within 30 days ror thii exchange.
ti's ' 1
w Your* trulys.
"-o-
~ ~adowr Mayor
Town of Corinth, Texan
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TOWN OF COIRINTH }
A OAOWINO CITY WITHOUT A TAX
w. ROUTES, BOX 344-A OENTON, TEXAS 761
February 31 1973
+ Pd EXHIBIT 11 A r
G »_~~yMr. Z.D. Moore
x'167 Leda Drive
Dallas] Texac
s bear Si *oPir }This Iis to advise you thet''t?je City of Denton Utility
;Directors "Mr. Doug Blackburn has agreed to a 3/4 inch water
-'main under old Highway 77 to serve you with Denton water through
Corinth lines to your property. When and if Benton builds water
lines they will serve you, and the lines will be disconnected - s
prom Corinth.
The Town of Corinth Commission has met and agreed to run.the
eater line to your property at the'agreed point by you lest +
~weekj at no cost to you
you inI exchange for a 'signed easement by
` and your daughters to oross•your property with a`sewer line
¢n the north side of your pro art~r along the fence lint and five
i'or six feet inside, with twenty five feet working easement and a
:ten foot permanent easement for work in, case of a break,
p ie water line is to be built within 30 Cays-'for this excharng6.
V0 yours truly,
1K ~y
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k +k FAY~Meadows~Mayor
Town of Corinth,, Texas :
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EXHIBIT I I I
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01r60
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AGENDA
CITY OF DENTON CITY COUNCIL
June 29, 1981
Special Called Meeting of the City of Denton City Council at
3M p,m,, Monday, June 29, 1981 in the City Manager's
Conference Room of the Municipal Building at which the
following items of business will be considered.
1. Executive Sessions
A. Legal Matters - Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate - Under Sec. 2(f), Art, 6252-17
4 VeAeT.S. j
C. Personnel - Under Sec. 2(g), Art. 6252-17 V,A,T,S.
f D, Board Appointments - Under Sec. 2(9)0 Art. ~
6256-17 V.A,T.S.
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