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05-22-1984
ZMZKQZNQY AG&NOA ADD i~AUM CITY OF LWTON CITY COUNCIL May 22, 1984 7:QO P.M. 1. Consider adoption of an ordinance approving a quit claim of any interest the City of Uenton may nave on a certain 2U foot gravel road located on a tract of land at the intersection of Collins Street and Carroll Boulevard. CERTIFICATE I certify that trio above notice of meeting was posted on the bulletin board at the City -Hall of the City of Denton, T#xs,, on the 22nd day of May, 1984 at o'clock (a.m. (p.m.) .`l ~ r CITY SECRETARY 13700 EMERGENCY ADDENDUM AOENUA CI'T'Y OP' DENTON CITY COUNCIL MAY 22, 19234 1. uiscussion of trke City of Denton Statement of Purpose, On this c11 day of Cc c- : , 19 , the original of this instrument was file nong the official recurds of the City of Denton, 'T'exas, and an original copy was posted un the bulletin board in the main lobby of the Municipal Building of the City of Denton at I C1C? o'clock, ((p.m.). 401A DA 15 L~EY 'CY C1'T'Y SECRETARY (?1 Y UN UEN'I'ON, 'TEXAS 13u'/C MERU40GY AGENDA ADD4NDUM CITY OF U8NTON CITY COUNCIL May 22, 1984 7:UU P.M. 1. Consider adoption of an ordinance approving a quit claim of any interest the City of Denton may have oa a certain 20 foot gravel road located on a tract of land at the intersection of Collins Street and Carroll Boulevard. c~x'~lr'icAra 1 certify that the above notice of meeting was posted ou the bulletin board at the City Hall of the City of Denton, 'Texas, on the 22nd day of May, 1984 at o'clock (a.m.) (p.m.) C1'rY SECRETARY IPUC CITY of D<NTON, rlrXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.82M TU: HUIJ(jKAj3LE lrIP.YOK &41) HDIURS uF ME CITY CUUNCIL FKQ%!I: ~;t4rlQCta H11e4, k xlt/ 6OCCeLa1'y U,Kfi,. vlay 100 1yb4 City uouucil Aadnda, ray 22,41.164 1tem5 1.F) luraic►anc:as) r rr r r rrrr. ....rrrr rrr rr rr rrr rr rr rrrr .rrrr r-rr rr teegaedin4 tua aouve-ratareucua, Item 5 F, service DOPOSLtincaeau.Lai ravisioiis, will oe considereu with item 5 1.r, 5chadule Ar, 1Cems are lLIclucm iary Dare liCtdClUi Liaroto Lora your a and cLLe urclinc~nca for Item review ana 5 1.u) coasidaratLou, Kaspecttully, p P. curio e a en, Lty ecretary 6c r cc; ri, t;. Nalsun, Director of U1;1.1Lf:J.ey J. scuts, t.eeal Departmeuc iile ALLaCalaents: FropuSau urdicialice revisi.ocis z15uU: 17 r~y~W'.Yi+~y ...«i •i..+IK'~4r•%•:.::1'i:rik t • N0. AN ORDINANCE AMENDING SFCTION 25.21 OF ARTICLE II or CHAPTER 25 Or FO AOD~ ESi I:LECCTRICV SERVICE RATE OR Of ATHLETIC FTEXAS 3Y PROV'IDING IELD LIGHTING $ER- VICES; AMENDING THE "RATE" PROVISIONS FOR SERVICE DEPOSITS FOR RESIDENTIAL AND COMMERCIAL ELECTRIC SERVICES; UPEALLYG ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE, DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION i, That Section 25-21 of Article II of Chapter 25 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding a new rate schedule "(P)" to hereafter read as follows: (P ATHLETIC FIELD LIGHTING SERVICE RATE (SCHED(LE AF) (1) APPLICATION Applicable to all electric service metered at one pout for use to light specified areas for athletic events where such electrical use will not occur between the hours of 10:00 A.M. and 7:00 P.M. (2) NET MONTHLY RATE (a) Customer Facilities Charge $20.00 per month (b) Energy Charge 7:00 PH to 10.00 AM 5.1~ per KWH 10:00 AM to 7:00 PM 4.11 per KWH (c) Demand Charge $ 1.00 per KW per month (d) Energy Cost Adjustment Current ECA (3) MINLKUM BILLING Facility Charge $20.00 per month (4) TYPE OF SERVICE At the Utility's available secondary voltage and available phase. For use only bet-dean the hours of 7:00 P.H. and 10;00 A•M, from `lay through October, (5) PAYMENT 81.119 are due uhdn rendered, and become last due 1 not paid uitnin 15 calendar days £rom, dace of issuance. (5) DETF.RMtNA'TTON OF DEMAddD The demand shall be the K;, supplied during the 15-minute period of maximum use during the current month as determined by City's demand neter. PAGE 1 (7)POWIM FACTOR The Utility reserves the right to mall tests to determiae the power factor of the customer's instal- lation served during periods of maximum demand or by monthlymbilling period. If the powerffactor isrbelow ninety percent, the "demand for billing purposes will be determined by multiplying the uncorrected KU bill- ing demand by 90% and dividing by the determined power factor, (8) SPECIAL FACILITIES All services which require special facilities in be dprovidedesubject to the special facilities rider, (9) PRORATION OF UTILITY BILLS (a) Bilbi for the Facility charge shall be based on Formula: Actual days in read in eriod x customer charge i9sitz (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods, Formula: Actual days in raadin eriod x KW demand x Rate ays (10) ENERGY COST ADjUSTMENT r In accordance w'tMh taken for dule E.C.AUel cost calcu- lated 11, That the "Rate" provision of the "Service Deposits" pro.rision of the General Service a;Charges and Procedures" provisiocs of 25-21 of Section 5 of the City cof Denton of is hheraby 2 =ended th to rasa,: as follows. RATE A, residential customer will make a deposit of $150,00 or an is l greateY months billings amount meter locatiof whichever twelve at the A commercial customer will make a deposit of $300.00 or an amount equal to 1/6 of the last twelve (12) months billings at the meter location or 1/6 of the annual anticipated billing at the meter location if no meter history exists, whichever is greater. A commercial customer may purchase a bond sufficient to coves the required deposit. PAGE 2 . r~:!''w.,.. Y:••..--.~...: \n`. •c:i. ^'wqi .Fly 'ii'n ._~•C. e"y. I SECTION III. All ordinances or parts of ordinances in force when the provisions 'o4 this ordinance become effective which are inoonsistent or in conflict with the tarms or provisions contained to this ordinance are hereby repealed to the extent o: any such conflict. SECTION IV• That this ordinance shall become effective immediately upon its panaa$e and approval. PASSED AND APPROVED This the day of , 19Ay RTM= 0I 1 M&TUR CITY OF DENTON, TERAS AT0,EST t '-~HARLOTTE , CLU c APPROVED AS TO LEGAL FORMI C. J. TAYLOR, JR, CITY ATTORNEY CITY OF DENTON, TLY1S PAGE 3 • 'Y{Y, ::~\~y~. •1.11..., rY1~., til'~.. .YWM..wM1l~.-gM,Y..Y.1'~, ..r s, , ..y 7n~~.,~: ••..~.wt,ti. ,..1•v1wM,. ry~►.. Ir...;!t7j"*i.~wr',ae.~•7C't►h,.•+-•~.-~ l:y!+• '•~.v. rl It i AN ORDINANCE AMENDING SECTION 25.49 OF CHAPTER 25 OF THE CODE OF 0R,p INANCES OF THE CITY OF DENTON, TENS, TO PROVtnE FOR AN 44N6ED VOLUME CHARGE FOR THE NET MONTHLY RATE FOR KESIDENT L#L StM SERVICE USERS WITHOUT CITY OF DENTON WATER SERVICE RUEALINQ (SCHFEDDUULEED N08) FOR AN EFFECTIALL DORDINANCES IN CONFLICT HEREWITH THE COUNCIL OF THE'CITY OF DENTON, TEXAS, HEREBY ORDAINS: - SECTION I. That the 'NET MONTHLY RATE" p~N vision WATER SEof "I, RVICE (RESIDENT SERVICE USERS WITHOUT CITY OF DENT 8)" of "DIVISION 2. SERVICE RATES" of Section 25-49 of Chapter 25 of the Code of Ordinances is hereby amended to read as follows: NET MONTHLY RATE In LorpCSat* Outside rporate (1) Facility Charge $2.25 per month $3.35 per month (2) Volume Charge $1.50/1000 gals. $2.25/1000 gals. Volume charge will be for five thousand (5,000) gallons per month. SECTION 11. All ordinances or parts of ordinaoces in force when the pro•• visions of this ordinance become effective which are inconsistan'-, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent cf any suoh conflict. SECTION 111. That this ordinance shall become affective retroactively :o January 24, 1984. PASSED AND APPROVED This the day of , 1984 nCHARD Q. 5 , CITY OF DENTON, MXAS ATTEST: =017 ..+v, 1.L1 SDI. L'1 APPROVED AS TO LEGAL ?OR:f : C. J. TAYLOR, JR., CITY ATT=NEY CITY OF OENTON, TEXAS By • _.-r . t • L4= 1 a~>J,~uA CITY OF OENTOW C1:'rY WUNC1L May 22, 1984 Work Session of the City of Denton City Council on Tuesday, May 12, 1984) at 5:3U p.m, in the Civil Defense Room of the Municipal auilaing at whic:ii the iollowing items will be considered: 5:30 P.M. 1. discussion of 4ligible 6iignted Areas deli nations in the City of Denton for the sale of Tndustrfal Revenue bonds. 2. Executive Session: A. Legal Matters Under Sec;. 1(0), Arr.. 6252-17 V. A. T B. Keal Estate Under Sec. 2(f), Art. 6252-17 V.A.i.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. isoard AppoicztinuntS clnaur See. 2~g), Art 6252-17 V.A.T.S. Regular Fleeting of t:ie City of Oencon City Council on Tuesday, Hay 22, 19d4 at 7:UU p.m, in tue Council Chambers of ttie Municipal 6u ding at which the following items will be considered: 7:UU p,m. 1. Consider approval or the 'Minutes of the ccegular Meeting oi: December 20, 1983; the Regular Meeting of January S, 1984; the Special Called Heeting of January 10, 1984; Regular Fleeting of January 17, 1184; the Special Called Neetinl5 of January 24, 1984 and ttie Special Called Meeting of January 31, 1984. 2. (;onsent Agenda: Each of these items is recommended by the Staff and approval thereof w:.ll be strictly on the uasis of tie Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or rsis designee to implement each item in accordance with tile Stal':f recommend a t ions . A. Bids ana Purenase Urders: 1. diet # 91b9 - JCreut/water :.wprovemenes Allen E;staces i-lobile home Park City of Uentou City Council Age"Ida day 22, 1984 Page Two 2, did 0 9279 - b'orklift 3. did # 9281 - r'orrestridge Paving improvements 4, slid # 9J 83 - 02 'triplex Cable 5, did # 9284 - Uistribution Transformers b. PurCLlase order # 63465 to Marley Coolie Tower Company in the amount of $5,750.06. U. Lease Agreement: 1. Consider approval of a lease for Community Development Block Grant office at Goy Blest Hickory gLreet. C. Plats and Keplats, 1. Consider approval of the preliminary and final replat of the Paul Hamilton Addition. (The Planning and ''Zoning Commission recommends approval,) 2. Consider approval of the preliminary plat of tile Business k enter 283 Addition. (Tue Planning and zoning commission recommends approval.) 3. Consider approval of tue preliminary plat of tiie J. u. Addition. t,lie Planning and Zoning Commission recommends approval.) 4. Consider approval of the preliminary plat of the Lakeview Oaks Addition. (The Planning and Zotiinb Commission recommends approval.) 5. Consider approval of the preliminary plat of the NorC►►wood Addition, 9cil Installment. kThe Planning and Zoning Commission recommends approval.) U. Consider approval of the preliminary plat of the Super 8 Motel Audition. (Tile Planning and Loning Commission recommends approval.) 7. Consider approval of the preliminary plat Of the Indian Ridge Subdivision. (Tire Planning a I d Zoning Commission recommends approval.) City of Denton City Council Agenda May 22, 1984 Page 't'hree 3. Appearance by Mr, Wayman Dever of the Denton Kiwanis Cllub requesting permission for a tireworks display at Fouts Field on July 4th. 4. Puo 1 is hearings: at 4-1649. This is the petition of Christopher Bancroft requesting a change is zoning from single family (8F-7) to the planned development tiPu) classification on an approximately 8.74 acre tract buginning at the southwest corner of Highway 377 anc uolliits Street. It approved, tae landed development tFD) will permit tt-10 .ollOwltlg land uses: 1. tWsidential land use on 4.00 acres at 10.5 units per acre. 2. A single story 1,400 square foot retail site. 3. A two story U,OOU square toot restaurant. 4. Maximum of two (2) office sites (slot exceeding 20,U00 squaro feet each and not exceeding three E31 stories). kT'ne Planning and Zoning Commission recommends approval.) 0 13. Z-1652. Tttis is the petition of Christopher Laurance requesting a change in coning from agricultural (A) to the planned development (PD) classification for two-family (duplex) land use on a 5.1 acre tract located adja•.~ent and north of Windsor Orive and south of the new elementary School adjacent to Evers Park. If approved, the planned development (PD) will permit the construction of twenty-five (25) duplexes (a total of 50 dwelling units). Nice Planning and Loning commission recommends adpproval.) 1. Consider adoption or an ora;Lnance approving a change in zoning from agricultural tA) to the planned uevelopmeot (PU) classiticatioa for two-family (duplex) land use on a 5.1 acre tract located adjacent end Uortil of Windsor Drive and soutn of the new Elementary Scriool adjacent to Evers ParK. l:. L-1653. Phis is the petition of Eleanor Green requesting a cclange in zoning from orrice (0) to the planned development (PO) classification for neigneorhood service uses at 300 worth Locust 5t. The property is approximately .49 acre in size and is located at ti,e norti'ieast cucaar of Nortn Locust and Marsnal) Street. (The Planning and Coning Commission recommends approval.) City of Denton (ity Council Agenda May 12, 1984 Page hour 1. Consider adoption of an ordinance approving a change in zoning from office U) to the planned development OD) classification for neignbornood service uses at 600 Borth Locust Street. t], Z-16.4. Titis is ttie petition of aussell l'rapp re4uestin6 a mange in zoning from sin4lu family kSr-7) to the two family k2-P'j classi''-ication on an approximately U.91lb acre tract locatud adjacent and west of North Elm Street and ad acent ana east of Bolivar Street approximatei,y 4U feet south of Headlee Street, kTtte Planning and Goninb Commission recowmends approval.) 1. Consider adoption of an ordinance approving a change in zoning from single tamily (SF'-7) to the two family (2-F) classification on an approximately 0.9116 acrd tract located adjacent and west of North Elm Street and adjacent and east of lioli.vur Street approximately 400 feet south of Headlee Street. E. Public bearing on the proposed annexation of approximately 81.44 acres of land beginning at Swisher/Sniloh Road. (A-1) r'. Public hearing on the proposed annexation of approximately 20 acres of land located along Swisher Koad. (A-") G. Public hearing on tree proposed annexation of approximately 52z.7b acres of land oe,inniug 350 feet south of and perpendicular to the centerline or U. S. Highway 380. (A-3) H. Public hearing on rligible sliglited Area designations in the City of Uenton for tree sale of Industrial Revenue ts.,, i 5. Ordinances: A. Consider adoption of an ordinance and service plan annexing approximately 25.99 acres of land located east of the existing city limit along Highway 377, south of brush Creek Road (,Z-1641). t+. Consider adoption of an ordinance and service plan annexing approximately 75.21 acres of land located west of Lnterstate 35W and north of Gorbin Road ~~-1b45j Uity of vanton City Council Agenda May 22, 19d4 Page rive C, Consider adoption of an ordinance setting a date, time and place for public heurings on the proposed annexation of approximately M13 acres of land 'ue inking approximately %UU feet east of Sherman Ur ve (A-4). U. Consider adoption of an ordinance rope.xling and reenacting Article IiI, Chapter 23, of the Code of Uvdinunces of t:ne City of Ueaton, Texas, relating to Mobile Homes, !Mobile tiome Parks and Travel Trailars; providing a enalty of a tine not cc excovd two Hundred dol~ars; providing a severability 1:lause, repealini all urdinances in conflict ae'c,A-uittZ, and declaring an eftective date, kTha Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance amendment to the Electric Rate Schedules, Ordinance #83-142, Schedule At' (htnletle Field). (Tile Puolie Utility tjoard recommends approval.) F. Consider adopcio(i of an ordinance amendment to the Electric state :schedules, Article 11, Section 25-95, Ordinance 33-102, 6chedule-Service Deposits. kT ne Public Utility 3oard recommends approval.) G. Consider adoption of an ordinance amendment to the Water/wastewater Raco Schedules, Ordinance 84-U9 Schedule 6-8, kThe Pub).ic Utility Board recommends approval,) h. Consider adoption of an ordinance amendment requiring garagekeupers insurance coverage relating to tow service, 1. Consider adoption of an Ordinance autnarizing an additional penalty to defray costs of collection for delinquent, taxes, tw solutionst H, Consider approval of a resolution declaring certain areas of the City of Dencon as blibnted for the purpose of allowing the sale of Industrial Revenue bonds to improve these areas. 3. Consider approval of a resolution appointing Dr, ttoland Vela to ttie Texas Municipal Power Agency board of Directors for a two year term from July, 19134 to July, 1966. City of Lie[iton City Council mgeada :4ay /-2, 1984 Page Six 7. offie.al Action on Executive Sessions Items: A. L,egul Matters B. Real Estate G. Personnel U. Board Appointments 8. ~Vew 6usiuass: Tais item provides a section for l;ouncil Members to suggest items of business for future a6endas. UATIF ICATi: 1 certify that ttie dbovu notice or meeting was posted on the oulletin board at the City hall or the City of Denton, Texas, /U on the uay of 1984 at r1 cy clockk (a.m,) / I CITY SECS LTARY iS57C AGENDA CITY OF OXNTOIi C1`1'Y l;0UNC1L LSay 22, 198ef work Session of tau City of Uerstolt (Ay Council Oll Tuesday, May 22) 1984s at 5:30 p.m. in tho Civil Defense, Room of the dULlicipal duilding at which C►iv following itoms will bu considered: 5:3U P.M. 1. Discussion of Eligibie BlighCed Areas desig nations in ti+e City of Donton for tnu sale of Industrial ttevet►ue t5onds. 2. Executive SeHsion: A Legal Mrttters Under Sec. 2(e), rirt. 6252-17 .a.l.j. B. Real Es Cate Under Sec. 2(f), Art. 6252-17 C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board AppoinCinunts Uudur Sec. art 6252-17 V.ti.T.S. ►Regular ,Meeting Of the City U1: Denton Uity Council on Tuesday, May 22, 1984, at 7.UU poa. in te:e Council Chambers of ttte municipal Buildi►tg at whick the following items will be considered: 7:UU p,m. 1. Consider ap royal Ot Coe MinuCes of' the Regular Meeting of Qcember 20, 198.3; the Regular Meeting of Januar 3, 1984; CMene Specioal Galled Meetirig of January 10, 1984; 1{egular eting f January 17, 1984; the Special Called Meeting of January 24, 1984 and the Special Called Meetin8 of January 31, 1984. 2. Consent Agenda: Each of tnese items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval Of the Consent Agenda authorizes ttie City Manager U-L iris desi6nee to :.mplement earn item in accordance +rith. ttia Staff recommendations. A. lids and Purchase Urders: 1. jsid # 9169 - Street/water iniprovemonts Allen Estates Mobile home Park City of Uunrml city Coulicil Aganda May 2'2, 1984 Pago TWO 2, bid it 9279 - Forklift 31 did # 9281 - Forrustridge Paving Improvements 4. bij it 9183 - #2 'fr.iplex cable 5, did # 1284 - Uistributiorn `transformers b, Purchase Order # b3465 to Marley GOUlin 'l'ower Company in tine amount of $5,750.08. B. Lease Agreement's 1. Consider approval of a lease for Community Uevelopment block Grant office at 2-5 West ilickory Street. G. !Tats and Kuplats; 1. Consider approval of the preliminary and final replat of the Paul Hamilton Addition. (The Planning and Zoning commission recommends approval,) 2. Consider approval of the preliminary plat of the business tenter '218 Addition, ('file Planning and Zoning Commission recommends approval.) 3. Consider approval of the preliminary plat of the J. B. Addition, (1'ne Planning and Zoning Commission recommends approval.) 4. Consider approval of the preliminary plat of the LaPeview Oaks Addition. (The Planning and Zoning Commission recommarlds approval.) 5. Goasider approval of they preliminary plat of the Northwuod Addition, 9th installment. kThe Planning and Zoning; Commission recommends approval. Gonsider approval of the preliminary plat of the Super b Motei Addition, (The Planning and Zoniub GOmiilis5iun recommends apps-Oval.) 7. Consider approval of the preliminary plat of the Indian Ridge Subdivision. (The Planning and Zoning; Commission -czcommends approval.) cJ.ty of Uonton city Council Agarid" Play 22, 1984 Page Three Appearance by Ihir. Wayman Dover of the Denton Kiwanis club requesting permission for a fireworks display at Fouts Field on July 4th. 4. Puulic 1learings'. A, 4-16+9. 't'his is the petition of (;irri&topher Sallcroft requostin a change irr zoning from single family kSF-7) to ttie planned development t,Pu) classification on an approximately 8.74 acre tract beginning at the southwest eorne;r of Highway 377 and Collins Street. It approved, the planned development (PU) will permit the following land uses: 1. Residential land use on 4.UU acres at 10.5 uni.r.s per arse. 2. A single story 2,400 square foot retail site. J. A two story 6,000 square toot restaurant. 4. Maximum of two (2) office sites (not exceeding 20,UUO square feet each and not exceeding three O J stories). ('1'tie Planning and Zoning Commission recommends approval.) H. Z-1652. 't'his is tire petition of Cliristopher 1:aUra11c:e requesting a change in zoning from agricultural (A) to the planned development (PD) classification for two-fawily (duplex) land use on a 5.1 acre tract located adjacent and north of Windsor Drive and soutti of the new Eiementary 5cnool adjacent to Evers Park. If approved, the planned development (PO) will permit ttre construction of twenty-five (25) duplexes (a total of 50 dwelling units). ('f'ire Planning and Zoning ommission recomr,rends adpproval. ) 1. Consider adoption of an ordinance approving a change in zoning from agricultural (A) to trio planned uevelopwent 'PD) classification for two-family (duplex) land use on a 5.1 acre tract located adjacent and north of Windsor Drive and south of the new Elewentary Set-Lool adjacent to Lavers Part, G. Z-165:3. This is the petition of Eleanor Green requesting; a change in zoning from oifice (U) to ttie planned development (PD) classification for neighborhood service uses at 6U0 North Locust St. The property is approximately .49 acre in size and is located at the northeast cor.'ner of North Locust and Marshall Street. (The Planning and /o ring; Commission recommends approval.) City of Denton Gity Council Agenda May 22, 1984 Page Four 1. Consider adoption of a« ordinance approving a change In zoning Crow office (U) to the planned de,,-elopment (PD) classification for neighborhood servica uses at 800 north Locust Street. 0 Z-lb54. This is UIO petition of Russell Trapp VejU eating a CnangU in zonlng from singgle family (SF-7) to Lhe two family ~2-F') elassif cation on an approximately U,911b acre tract located adjacent and west of North Elm Street and ad acent ana east of Bolivar Street a proximately 4U feet south of Headlee Street, (T e Planning and Coning Com=ission recowwends approval.) 1. Consider adoption of an ordinance approving a ellange in zoning from single family (SF'-7) to the two family (2-F) classification on an approximately 0.9116 acrd tract located adjacent and west of North Elm Street and an,jdcent and east of Bolivar Street approximately 400 feet south of Headlee Street. E. Public bearing on the proposed annexation of approximately 81.44 acres of land beginning ae Swisher/Shiloh Road. (A-1) r', Public hearing on LCie proposed annexation of approximately 20 acres of land located along Swisher Koad. (A-2) G. Public hearing on the proposed annexation of approximately 52'[..76 acres of land ueginning 350 feet south of and perpendicular to the centerline oL U. S. Highway 38U. (A-3) H. Public heaAng on Lligible Bligkited Area designations in the City of Denton for the sale of lodustrial Kevenue bonds, 5. ordinances; A. Consider adoption of an ordinance and service plan annexing approximately 25.09 acres of laud located east of the existing city limit along f e,hway 377, south of Brusli Creek Road (14-1641). 8. Consider adoption of an ordinance and service ~lan annexing approximately 75.21 acres of land ocated west of Interstate 35W and north of Corbin Road (L-1645). iity2Lf 1 neon City Council Agenda Y s Page Five C. Consider adoption of an ordinance setting a data, time and plane for public hourings on the proposed annexation of approximately 9.013 acres of land ueg inning approxim~ltely 7UU feet east of Sherman Drive (A-4). U. Consider adoption of an ordinance ropo,aling and reenacting Article Ill, Chapter 13, of the Code of Ordinances of Cite City of Ue«ton, 'T`exas, relating to Mobile homes, Mobile tiome Parks and (ravel Trailers; providing a enalty of a fine not to exceed two hundred dol~ars; providing; a seve.rability clause; repeali.n, all ovdinances in conflict nerewitll, and declaring an effective date. kThe Planning and Zoning Cotutaission recommends approval.) E. Consider adoption of an ordinance atuendtnent to the Electric Rate Schedules, Ordinance 083-102, Schedule AF (,Athletic Field). (The Public Utility Boar recommends approval.) F. Consider adoption of an ordinance amendment to the Electric Rate Schedules, Article 11, Section 25-95 Ordinance 83-102, ;schedule-Service Deposits. tThe Public Utility Board recommends approval.) G. Consider adoption of an ordinance amondment to the Watur/Wastewater Rate Schedules, Urdinance 84-U9 Schedule 8-8. ('T'he Public Utility Board recommends approval.) it, Consider adoption of an ordinance amendment requiring; garagekeepers insurance coverage relating to tow service. 1. Consi.uer :.adoption of an ordinance authorizing an additional penalty to defray cos+'s of collection for delinquent taxes. 6. Resolutions A. Consider approval of a resolution declaring certain areas of the laity of DeInton as blighted for the purpose of allowing the sale of Industrial Revenue isonds to improve Lhese areas. B. Consider approval of a resolution appointing Dr. Roland Vela Lo the Texas Municipal Poorer Agency Board of Directors for a two year term from July, 1984 to July, 1980. City of ueuton laity Council Agenda Noy 12, 1984 Page Six 7. Official Action on Executive Sessions Items: A, Legal Matters 8. Real estate C. Personnel 0. hoard Appointments 8. New 'dusinoss., Tnis item provides a section for Council Members to suggest items of business for future agendas, l; t;tCT 1 F' i (:A'1' i i certify that the above notice of meeftag was postud on the bulletin board at the city ball of the laity of Denton, 'T'exas, on tee day of 1934 at o0clock (a.m.) (p,m.) CITY iECRLTARY I 1:.f57C inn effyotoamrootrEXAS MUNICIPAL SUILDih'G i DENTON, TEXAS 76201 TELEPHONE ($17) $66-8200 Office of fh~.., City Manager M E M O R A N D U M I TO: Mayor and Members of the City Council FROM: Betty McKean, Assistant City Manager DATE: May 17, 1984 5UBJECI: Industrial Development Bond Blighted Area Designations A an attempt to provide interested businesses an opportunity cc apply for industrial development bonds, the staff is recommending that thm Council declare eleven areas of the City as blighted. The staff has prepared for your consideration a list of areas which if declared blighted will allow comercial developments !n these areas to apply for tax exempt financing bonds. These bonds provide the necessary funds to finance business developments at interest rates of approximately 80% of the prime. The curreat, definition of blighted considers a blighted area as one thsc has a substantial number of substandard homes, high unemployment, and substantially impairs or arrests the sound growth of the city or constitutes an economic or social liability in its present condition and use. New regulations are to become effective in June upon the approval of the Texas Economic Development commission which will require an area to be designated as blighted to have a minimum 91 unemployment rate or 25% of the units in the area to be substandard. Presently no threshold percent exists for significant unemployment and substantial substandard units for a blighted area designation. However, the new rules will make it difficult and costly to justify these types of designations for obtaining low interest funds for commercial developments. The eleven areas proposed as blighted for this type of development are located within the low to moderate income Community Development Block Grant target area and are restricted primarily to commercial and industrial zoned areas. Mayor and Members of the City Council May 17, 1994 Pape Two No negative effect on the land Values Or insurance ratss in these areas will occur if they are declared blighted by the City council, according to Sam Florence, Vice President of First Southv,,st Corporation. A declaration of these areas will provide businesses three years to apply for funds using IDS's, before the City must oomply with the new regulations concerning blighted ar4a designations. The City will continue to control the quality of business development through the Industrial Development Corporation approving any sale of industrial Development Hoz;ds in the City of Denton. SUMMARY This approach of declaring specific areas of the city as blighted will have the following advantages: 3 year grace period to comply with new regulations concerning the designation of eligible blighted areas. Precludes forcing a cost on developers to do research on an area to justify that it meets the new regulations prior to obtaining industrial development bonds. Reduces the need to bring, on an individual basis, various areas before the Council for blighted area deoignation. Provides developers with a variety of areas which can be developed using tax exempt bonds that are presently zoned for commercial or industrial uses. Provides an incentive to encourage the development of economically distressed areas by the availability of low interest financing. Provides a program for industrial recruitment which allows Denton to compete with other cities that have blighted area designations and are actively seeking industrial and commercial developments (i.e., cities with blighted area designations; Dallas - south quadrant, Ft. Worth - Stockyard area, etc.). Mayor aad members of the city council May 174 1904 Page Three Attached is the public notice listing the boundaries of the proposed blighted areas, a map describing the tracts considered as blighted, and statistics on each area being oonsidered, If you have any questions concerning this information, please let me know. Betty Mcx# Assistant City Manager lj Attachment 1803H City ' DENTON BLIGK 4MAS VV , IIN ' I FM i I CITY OF If OENTON ! PROPOSED BL.1IA ED AREAS W 1 j l ti I ~ i r , Q. i~" I j, ! MC KIIMNE Dar: ` E r 1 J J S I1 I , O k . fa , b i E4Gl DR! I ; 1 K1'1 5,1 , ~ ~ I I ~ r- x West Boundar Masch 9ranc7 J ~ ~ Road Ilk; 1 i 1 I { A Z PROPOSED BLIGHTED AREA DESIGNATION { The following is a dasoription of the boundaries for the proposed blighted areas in Dentoni M&\.A South Boundary - Into sec ion pf sent* r j tracks and Hwy 377 Ft. forth Drive North/West Boundary - Beginning at a southern point of intersection by the H.K,T. k T.P, railroad tracks and the Santa Fe R.R, tracks, with this west boundary oiq north along the M.K.T. k T.P. railroad raoCS to the intersection of M,K,T. FA T.P. railroad tracks and U.S. Hwy 377 ti North/East Boundary - North slopg U.S, Hwy 377 from intersection of Hwy 37T and the M.K.T. k T.P. railroad tracks, Ft, Worth Drive to the intersection of Hwy 377 and 1-35E AREA B South Boundary - 1.33E West Boundary - Highway 377 (Ft Worth Dr.) North Boundary - Eagle Drive East Boundar/ . Bell Avenue and Dallas Drive AREA C West U South Boundary - I-35E ;3orth Boundary - Underwood Street East Boundary - McCormick Street AREA D West Boundary - Masch Breach Road North Boundary - Jim Crystal Road East Bounder,/ - 1-35 and 1-33W South Boundary - City boundary AREA E North Boundary - Sycamore and Hickory Streets South Boundary . Eagle Drive East Boundary - Bell Avenue West Boundary - Elm and Industrial Streets AREA F North Boundary - East McKinney Street South Boundary - East Prairie Street East Boundary - From the intersection of East Prairie Street and Bradshaw Streets, North to East McKinney S tree C West Boundary - Bell Avenue EXHIBIT A-PAGE ONE A#kVA 0 West Boundary - Duncan Drive East U North Boundary - Kerlsy Street South Boundary . Shady Oaks Drive and Willow Springs Drive AX" H North Boundary - Spencer Road West Boundary - Woodrow Lane South Boundary - MK and T AAilrrud East Boundary . Loop 268 AREA I North Boundary - Pecan Creek South Boundary - 1-35E East Boundary - Mayhill Road (except that section of Mayhill Road not within the City limits of Denton, in which case, the East boundary of Area I Is the City '.unit line) West Boundary - Loop 288 AREA J North Boundary - Denton City Limits line South Boundary Highway 77 West boundary - Va nnia Brae Street East Boundary - ':&st property line of a tract of land belonging to Texas Instruments AREA K South Boundary - Lying 233' north of East McKinney Street West/North Boundary - East side of Audra Lane extending east and north East Boundary - Beginning in the westerly line of Mack Park and extending northerly for a distance of approximately 1100' to its intersection with Audra Lane NOTE; A detailed map of these boundaries was provided to the Texas Economic Development Commission on May 7, 1984• EIVIBIT A-PAGE TWO BLIORTED AREA DESIGNATION STATISTICS* Blighted Neighborhood as Itsm City Neighborhood 25 A Mean Weeks of Unemployment 8.9 16.7 Percent of Families Below Poverty 7,0% 10.9% 22 B Median Family Income $20,724 $11,193 j Percent of Families Below Poverty 7.0% 12.1% 16 C Median Family Income $20,724 $11,827 Percent of Persons Below Poverty 14.1% 20.3% Median Value of owner Oukspied dousing $49,000 $25,600 Median Rent $209.00 $187.00 Tract 208 D Percent of People Unemployed 15 or More Weeks 18.3% 33.8% Percent of Families Below Poverty 7.0% 10.6% 18 E Mean Weeks of Unemployment 819 12.5 Median Family Income $20,724 $13,250 Percent of Families Pslow Poverty 7.0% 22.5% 19 F, C Median Family Income $20,724 $10,638 Percent of Families Below Poverty 7.0% 24.1% Median Owner Household Value $49,000 $19,400 Median Rent $209.00 $ 95.00 Tract 212 H, I Percent of People Unemployed l5 or More Weeks 18.3% 25.2% Median Family Income $20,724 $12,904 Percent of Families Below Poverty 7.0% 20.3% Tract 204.01 1 Median Household Income $14,498 $11,851 13 K Percent of Families Below Poverty 7.0» 13.4% Median Family Income $20,724 $17,098 *1980 Census Statistics EXHIBIT B•PAGE SOLO CITY OF DENTON ME MU&"DUM Mayor and Members of the City Council k'RUM; Charlotte alien, city Secretary DATE: tHay 17, 1994 SUBJECT: back-up Materials for Item Ol The reduced copies of the Minutes will be delivered to you by courier on Monday, May 21. 1 appreciate your patience while 1 am working through the back-log of Council Minutes. r Otte__-_ ca i I 1357C/7 CITY COUNCIL AGENDA BACK-UP SVkftkRY SHEET DACE OF MEETING: May 22, 1984 COUNCIL AGENDA ITEM& Consent SUBJECT: BID# 9269 Street/Water Improvements Allen Estates MHP Participation SUMMARY: This bid is for the City of Denton participation in street and water line oversize, We sent the bid out through proper procedures and received only two bids on the street and water line. We have evaluated the bids and are recommending that we participate with the amounts shown on the attached. We have shown the last bid on asphalt pavement as they have chosen to put in 6" concrete rather than asphalt as per our requirement. ACTION REQUIRED: Approved by Council and Award of Bid SOURCE OF FUNDS: Streets 100-002--0033-9105 Water Lines 623-008-0460-9114 RECVNENDATION: We recommend this participation be approved for streets at a total estimated cost of $22,964.54, and for water line oversize of $14,904,20. See attached exhibits for detailed information. EXHIBITS: Memo - To Jerry Clark Memo - To C. David Bain SUBMITTED BY: John J„A! rsh.P.M. ' j Purchasing Agent. wryOfDENTGIli~T18'XAS MUNICIPAL BUILDING / DENTON, TEXAS 76701 / TELEPHONE (V7)S66-8200 i I 'I MEMORANDUM DATE; May 11, 1984 T0, Jerry Clark, P.C. Senior Engineer FROM; John J. Marshall, C.P.M„ Purchasing Agent SUBJECT; Allen Estates Mobile Home Park 1. Bid #9269 opened 2 p.m. 4-17-84 2. P. 0. #63331 dated 5/11/84 3. Account # 100-002-0033-9105 4. Approved by Council 1 5. Cost of City Participation as per bid for Streets A. Extra Width 7 ft. x 1140 ; 9 = 887 Sq. Yds. x $9.90 $ 8,781.30 8. Extra Depth 1 in. x 8302 Sq. Yds. - 887 x $1.65 = 12,234.7: C. Sub-•grade 887 Sq. Yds. x $1.45 Sq. Yds, - 1,286.15 U. Lime for Sub-Grade 887 Sq. Yds, x 18# :.•7.98T x 83.00T~ 662.3: Total Approved Estimatod Cost $225964.5Y I PURCHASING 1)1:'PARTAi1 N7' 01 W MFV7 0 267.00,1 I I wrYof DENTOM, MU3 MUNICIPAL BUILDING % DZ:NTON, TEXAS 76201 / TELEPHONE (8 1,,7: 566.8200 MEMORANDUM ,DATE: May 11, 1984 TO: C. David Ham, Assistant Director of Utilities for Water FROM: John J, Marshall, C,P.M., Purchasing Agent SUBJECT, Allen Estates Mobile Home Park, 1. Bid ,9269 opened 2 p.m. 4/17/84 2. P.O. -063330 dated 5/11/84 3. Account P 623-008-0460-9114 4. Approved by Council 5. Cost of City Participation as per [lid for !dater Line A. Use of 12" over 8" Line 1817 LF x (26.30 - 18,70) = 7.60 = $139809.20 8. Use of Gate Valves 12" over 8" 3 ea. x (1110.00 - 745.00) 365.00 1,095.00 Total Approved Estimated Cost $14,904.20 PURCNASINC DrPARTh4rld'r D/ FW METPO 267.00.12 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING; May 22, 1984 COUNCIL AGENDA ITEM: Consent SUBJECT: Bid 69279 Forklift SU+L~1A121': This bid is for the purchase of an 8000 lb, capacity rough terrain forklift. It will be used by the Electric Power Generation Plant. This unit is a motor pool replacement for an old military surplus lift that is no longer operation, l nor economic to repair. ACTION REQUIRED: Approval by Council and Award of Bid. SOURCE OF FUNDS: Motor Pool account 0 720-004-0020-8707 - $189.00 1983-84 Budget Funds account G 610-008-0251-9230 - $29,:74.00 RECO?L,IENDATION: We recommend this bid be awarded to the lowest bidder meteting specification of Texas Industrial Truck for a Power lift Model I)P'P8RT in the amount of $29,463.00. Delivery will be in 45 days. EXHIBIT: Tabulation sleet. SUBMITTED BY: Tom 1). Shaw, C.11.M. Assistant Purchasing Agent ID ~ 9279 ID Forklift DARK 1 DARR 2 Toxas Briggs Clark- Strawn pZN 5/3/84 2100 pm Ind Weaver Lift Truck CCOUN'I' # ' 2 E DESCRIPTION E OR V DO VENDOR DOR 012 r,NDOR v1 MnOR 1 1 FORKLIFT 32 915.00 35 443.0 29s463.00 53050,00 38,138,00 35 086,00 MFG K-D CAT ow©rlift Sellick _ Clark Champ MODEL T802 R-80 DPF8RT 800 MT-80 CB 608 DELIVERY 60 120 45 day 7-8 wks 60 day 45-60 day CITY COUNCIL, AGENDA O~ BACK-UP SMMARY SHEET DATE OF MEETING: May 22, 1984 COUNCIL AGENDA ITEM SUBJECT: Bid #9281 FORRESTRIDGE PAVING IMPROVEMENTS SUMMARY: This bid is for the paving improvements on Forrestridge as submitted by the Engineering Division of Publi( Works, We sent the bid out to several prospective vendors. We received only one bid from Jagoe PubDic Co, The contractors doing this type of small 3o6 are all busy and most cannot do the Job in the short time allocated; therefore, only one local bid received, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: Street Improvement Funds RECOMMENDATION: We recommend this bid be awarded to the only bid~ar, Jagoe Public Co,, for the total amount of $32,36?.60; with completion within 15 working days after notification of acceptance with a beginning date, EXHIBIT: Tabulation ~heet SUBMITTED BY: John\J; Marshall, C.P.M. Purchasing ;agent • ID N 9251 ID F'ORRESTRIDGE PAVING IMPROVEMENTS P EN May 8, 1984 2 p.m. JAGOE CONSTRUCT, MOUNT N CO' l2 500, 0 - L,S, Preparing Right-of-Way 1381 S.Y. 2" Type D Asphalt 11733,60 70T 1z" Overlay 120150,00 1 Lump Sum Bid Price 32,383,60 15 Working Days - CITY OF DENTON MEMORANDUM DATE OF MEETING: May 22. 1984 CITY COUNCIL AGENDA ITEM (USE EXACT WORKING AS ITEM IS TO BE PLACED ON AGENDA) Approval of Jagoe Public's bid for the Forrestridge Paving Improvements SUMMARY: Lodge Construction agreed to post a performance bond for improvements still required on Timbergreen and El Paseo. They will fund this contract. Lodge Construction has been notified by a certified letter, FISCAL SUMMARY: No cost to City ACTION REQUIRED: Approve the bid ALTERNATIVES: Other as needed STAFF RECOMMENDATIONS: Approve The bid EXHIBITS: 1) Letter to Mohammed Gadeh 2) Copy of proposal brLeet P-3 3) Performance Bond er y k City Eng Weer BID N 9281 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Forrestridge Paving Imprdvements IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned any contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It Is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - I , It is understood and agreed that the work is to be completed im full within fifteen (1$) working days, Accompanying this proposal is a certified or cashier's check oar aid Bond, payable to the Owner, in the amount of five parcea.t of tha total bid. I- is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute n contract and f1 le a performance bond and a payment bond within fifteen days after its acceptance, !.n which case the bt;-, security shall become the property of the owner, and shall b•e considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that tape Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all wort: of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, ro wit: P - 2 B ID M ~281_ PO # Forrestridge Paving Improvements Bid Tabulation Sheet Item Description Estimated Bid F.xtention cant ty Price Total 100 Preparing Right-of-Way L.S. L.S. $_i 340-B 211 Type D Asphalt 1381 S.Y. _5, 60 /S,Y, $ 73x,60 501 1 1/2" Overlay 270 Tons °-°/Ton $i~ ~yo, (Stringline Controlled) P - 3 BID SUMMARY . TOTAL BID PRICE IN WORDS Tll;r~,? J JJ Go . VIA In the event of the award of a contract to the undersigne the undersigned will furnish a performance bond and a payment b':nd for the full amount of the contract, to secure proper compliant= with the terms and provisions of the contract, to insure and gua-antes the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the,fulfillment of the contract. It is understood that the work proposed to be done sha:l be accepted, when fully completed and finished in accordance wish the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as rrect and final. Unit and lump-sum prices as shown for each item listed this proposal, shall control over extensions. R BY : RA,k P~ec ~r'r~c r~s,o Street Address , city an State Seal F, Authorization (Ii a Corporation) 2- Telephone P - d AGREEMENT THE STATE OF TEXAS g KNOW ALL HEN BY THESE PRESENTS COUNTY 01 DENTON S This agreement is made and executed this the 19'ri. day of 0"A 1984, at Denton, Texas, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "City" and Lodge Construction Company, Inc., a Texas Corporation, having its principal offices at 416 E1 Paaeo, Denton. Texas, her.einaftar referred to as the "Developer." WITNESSETH: 1.'MEttFAS, the Developer is the owner of a 46.569 acre tract of land situated in the corporate limits of the City of Denton, Texas, known as Forrestridge, Section II, as depicted on 'the plat thereof filed 'with the Clerk of Denton County; and WHEREAS, the Developer desires to obtain building permits and begin construction in his subdivision prior to final completion and acceptance of the improved streets in said subdivision; and WHEREAS, the applicable City ordinances provide that, in lieu of completion and acceptance of street improvements in s subdivision prior to issuance of building permits, the developer may file a corporate surety bond with the City in a sum equivalent to the total cost of the street improvements and guaranteeing L'ne completion of the same within a time to 'ce stated in the bond; "10:, THEREFORE, The City and Developer agree as follows: 1. That t:e street i_-proveWents remaining to be rcmpiete, in rcrrestridge, Section II, are an asphalt overley, one ar._ cne 'na;f (1 1,`2") inches in thickness and appro>;imatel;: eign hundred (300') feet in length on Timbergreen and repairs F -.n mica, _ncIud'_its 'ntersecticn -,-ith El Fasec; Wc:ec cc_. co - _te s.:c:, -rc•N•e.e:.:s ..re r':';. ......:.red (:i,:,_..,~. 3. That no later than nine 0) months from the date of this agreement, the City will accept the lowest and best bid received from a responsible contractor to perform the asphalt overlay work on Timbergeeen, The Developer will reimburse the City in full for the total cost of such work upon completion thereof, L, That Developer will make the required repairs to Saata Monica, including its intersection with El Paseo, according to the construction specifications of the City, 3. That Developer will provide the City with a performance bond issued by a corporate surety authorized to do business under the laws of the State of Texas in the penal sum of Twelve Thousand Five Hundred ($12,500) Dollars in favor of the City to secure the performance of this agreement and indemnify the City in the event of default by Developer, Should said sum be insufficient to cover the cost of completing said improvements, Developer agrees to pay to the City any cost incurred in excess of such sum. 6. That upon the execution of this agreement and receipt of said performance bond, the City will not withhold building permits from Developer due to uncompleted street improvements, IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written, CITY OF EKTON, TE' LODGE CG'STRUICTIOW, CO.,, INC. BY: BY: ?.PPROVED AS 7O LEGAL FORM: C. J :nl'LOR, C17Y ATTORNEY 2F DEi ;E:u1S y Allied kQ4v Insurance Co, 5945 North Meridian Street o Indianapolis. Indiana 46260 , 1 1800, 423.6730 AC N° 042875 POWER OF ATTORNEY ;'.'F'OR' ALL MEN BY THESE PRESENTS, That this Power•of•Attomey is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AG£NT•S AUTHORITY A." THE LLslBILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORN£S'•IN.FACT and THE L14BILI'i Y OF THE COMPANY : Trrlj$lui'~ w lKA$ SHALL NOTE,.CEED USE OF MORE THAN ONE POWER VOIDS THE BON O ALLIED FIDELITY INL'VRANCE CO.. an Indians s^on, having its principal office in the Cite of Indianapolis. State of Indiana, does hereby make, constitute and appoint: 70ht1 PHI11 IPS OR All 1 RIRriSQNr. in the City of County of, State of its true and lawful ettornq•in•fact. at , in the State of ~.ELI I to make, execute, seal and deliver for and on its behalf. and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under theyurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax. lien, and miscellansotubondetrequiredbyFederal. State, CourlMunicip, uthority,or other obligees, provice3 that the liability of the company as surety on any such bond l under this authority shall not in say event exceed the sum shown above, THIS POWER VOID IF ALTERED OR ERASED The acknowledgment and execution of any such document by the said Attorney. In•Fact shall i%e as binding upon the Company as if such bond had been executed and acknowledged by the regulariy elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authont. of the following By Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting iuiy called and held on the 29th day of April, 1962: "The President shall have power and authority to appoint Attorneys•in•Fact• and authorize the- to execute. on behalf of the Company, bonds and undertakings. recognizances, contracts of indemnity and othersurety and w•ritingsobligatory Ir the nature thereof; and he may at anytime inhis ~udgner,t remove any such appointees and revoke.the authority given to them: and with respect to any Cemi:'ed Copy of any Power cf Attorney, the signatures of nay issuing or attesting ofiicer• and the seal of f.,e Company. may be affixed to such Power ofAttornevor Lo any certificate relating theretu• by fats:-.::e: and such f.vstmile si6natures and facsimile seals shall be valid and binding on the Company" to t.:e furore. n Lth . aspect to any bond, undertaking or instrument of suretyship. to which it is atta.'nec IN %1-17, NESS k'P"EOF. Allied Yidehtc Insurance Co has caused its oflictai sea; to besic afhed anc these presents to he signed by its duly amhoiized oLYicers this 641h day of July. :962 ALLIED !'::D EL"1T1' IXbI RA>'C E f ~ fk. L T-i i 1.l ..i't 1 Lt is .L - L- ~ 1 C1 C1 i' 1 STATE OF INDIANA 1. SS. COUNTY OF MARION ,i On this dth day of July, 1982, before me a Notary Public, personahy appeared H, 0. CROQUART and T. L, FADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of said Corporation. S$s4~ Notary Public, Marion County, Indiana My Commission Expires, 1012184 Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S %,2CORDS. 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NF. EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIA4S, OR BONDS FOR CRIMINAL APPEARANCE, STATE OF INDIANA 8S; . COUNTY OF MARION I, Frances A, Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co,, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied Fidelity Insurance Co„ which is still in lull force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 1982; "RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President pursuant to the By-taws appointing and authorizing an Attorney•in-Fact to sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other instruments described in said By-Laws, with like effect as if such seal and such signature had bze.n manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said corporation, this 23V- day of 19. Assistant Secretary - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PERFORMANCE BOND STATE OF TEXAS COUNTY OF' ~nton MOW ALL MEN BY THESEPRESENZSt That LODGE CONSTRUCTION CO. INC. of the City o Denton _ County of Denton and State of Texas as principal, and ALLIED FIDELITY INSURANCE CO. authorized vnder the lama of a ex act as amity on bonds for principals, are bold and firmly bound unto_ Cl ur DEt~TOFIil 0 er), In the penal =w of TWEIYE ?H U D, Donm , for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assiprs, jointly and severally, by these presents: WHEREAS the Principal has entered into a certain written contract with the Owner, dated the 13th day of January ,19 84 , to street paving for limbergreen and repairs to E1 Paseo & Santa Monica intersection which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it the said Principal shall faithfully perform said Contract and shall 'in all respects duly and faitbtully observe and perform all and singular the covenants, conditions and agreements in and by raid contract agreed and covenanted by the Principal to be observed and performed, and accordin to the true Intent and meaning. of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; 'TROYMED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 6160 for Public Work) (Article 6472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all Ilobiiities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein," Surety, foe value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speck fications, or drawings accompanying the same, shall in anyway affect its obligation on this - - - - - - - - - - - - - - - - - - - - - - *Not applicable for federal work. See "The h'filler Act," 40 U.S.C. S270. PB•1 h ilw h~.r.. AS', IYI bMd, and it do;" beriby waiw a 0*0 of "y Bubb Chwet autension of time, 4tsre►tioa or addition to Ose toms. of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the eaid Principal and Surety have signed &ad sealed tbie bwtru• Mont tbia.. 3 t h day of January , IQ4- ODGE CON5TR N ALLIED FIDEI7TY INISiRAnrx M. Tomi Phillips, Attorney' in-fact Tale Address,- Address 14673 Mi dwav#lOD Dallas, Tx 75234 IAA ` The name and address of the Resident Agent of Surety Is: WiLa+n n Ricrlso6a VFI I ZV"STMMONS W01 I AN 14673 Midway Rd #100 Dallas, Tx 75234 _ APPlM AS TO K ft MY ATTORNEY, MY OF OOMP , TEM 8Y: All 0 t,,. ,......►c,,,, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE" OF MEETING, May 22, 1984 COUNCIL AGENDA ITEM SUBJECT: Bid #9283 CABLE, TRIPLEX N2 SUMMARY: This bid is for the purchase of warehouse replace^e nt stock of N2 aluminum triplex cable. The 30,000 feet is an estimated 90 day supply. This wire is used as overhead service line from the transformer to the electric meter, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: Warehouse Working Capital Funds Account Number 710-004-0598-8708, Electrict Depar;,--ent Inventory Stock RECOMMENDATION: We recommend this bid be awarded as follows: A. To Priester Supply as the lowest bidder at $328,13 per thousand feet with delivery in 70 days for a total of $9,843,90. B. To Poleline Electric as the next lowest bidder at $335.00 per thousand feet with delivery in 2 days, for a total of $10,050,00, Our recommendation is based on long lead time versus usage and excellent prices versus an escalating aluminum wire market. EXHIBIT: Ta ulation,S eet SUBMITTED BY: Tom 0. Shaw, C.P.M. Assistant Purchasing Agent nIO 1 9283 atlo #2 TRIPLEX CABLE EMPLE INC. CR12-DA41. ESCO PRIESTER C1041 HS NELSON POLELINC RAYHAR O.E. UACH Kay 7. -L9§4--2, a.m. SUPPLY SUPPLY ACCOUNT ( 710.004-0598.8708 _ VENtfifA` v Jf_ VEfllfiti _ V~EI6 if~ VFFI[faR' vl`f~C>Gli ` vkNffi^iiE ' NiHili-= pNi~xiA-- L.- vi Rf~ iir„- vrfli3t)1F_ 30AA 091080 12 lrfples 349.00 351.33 349.00 328.13 360.00 :580.10 335.00 311.40 310.00 -7 Days 1-14 Days 14 Days 70 Days 7 Days 5 Days 2-3 Days -3 Necks stk.-4 Wks - - - - - - - - - CITY COUNCIL AGENDA BACK-UP $LnO RY SKEET DATE OF MEETING; May 22, 1984 COUNCIL AGENDA ITEM 0; SUBJECT; Bid 09284 Distribution Transformers SUMMARY: This bid is for the purchase of distribution transformers to replace inventory stock and to fulfill new construction and maintenance requirements, ACTION REQUIRED; Approval by Council and Award of Bid SOURCE OF FUNDS; 1983-•84 Budget Account Number 610-006-0252-9222-E3 A8 Electric Distribution Live Transformers RECOMMENDATION: We recommend this bid be awarded to the lowest and best evaluated bid meeting specifications and delivery requirements: Delivery item uan. Size supplier Unit Price Total Price Tn weeks 1 4 25KVA OH Cummins $ 533.50 $ 2,134.00 13 2 20 500A OH Westinghouse 756.00 15,120.00 it 3 25 50KVA PM Westinghouse 1094.00 27,350.00 22 4 15 100KVA PM Dusemberry 1712.00 25,680.00 30 5 10 167KVA PM Westinghouse 7085.00 20,850.00 22 6 3 1501VA PM Westinghouse 3520.00 10,560.00 16 7 3 300KVA PM Krix Davis 4407.42 I3,222.26 18 8 2 500KVA PM Krix Davis 6758.52 13,517.04 1S 9 3 7501CVA PM Cummins 8140.00 24,420.00 32 Ide recom,~end acceptance of the bids for ne+i distribution transformers, as evaluated for the lowest total cost, as listed above. Because of the long lead time versus requirements, we recommend purchase of the following items based on delivery and overall, evaluation: Del ivery Item Quan. Sire \Sfr Supplier Unit Price Total Price In Weeks 3 15 50PQ4 ABC Poleline Electric $1128.00 $16,920.00 10 4 15 1DOPH ABC Poleline Electric 1714.00 25,710.00 10 S P 167PM ABC Po leline 1lectric 2240.00 17,920.00 10 9 2 75011H W Westinghouse 8956.00 17012.00 16 TOTAL BID 5231,315 EXHIBIT: Tabulation S eet SUBMITTED BY; Tom D. Shaw, C.P.M, Assistant Purchasing Agent c Nllt 1 9/R4 Ifi11 Olal)ibu(loii Trar)9formera W};Sl'0 N 'I' I; VAN IRAN NELSON TLhEI I I PHI1,8'I'RR KRIS-bAVIS W,N. I'0!.}:I iNE CUMh11kS OPCN 5-N-84 2100 PM LORI 1'1,F.,I'RIC r1ECTRIC RII:C'1ItIc SUPI'IA 5i11AN OUSP4111 RRl' El.lTrRib S01'!'i 5 E!. i.':TRIC Slil'PI,Y AL'('UlIN9' f 611-008-0),57-9222 i'OTY, T~iJ`Fl 13Flit>1iTT1U11 MINOR- VFfwp -V-R. (5Fi" VJFIIiTiii- VFFJfii}li VCNTkIIi Vt1I6ii(} CNGi)Fi 7FIIIiiiN VfNJiiifi 1iiiiii,T - - 4 S'P 540 545 512 Nr8 541 610 740.56 459. 644 53J 5 KVA 00r+ 2 20 50 UA 51 756 853 987 1,IOf 919 900 1,087, 32 902 938 882.75 aok 3 40 50 EVA SP - I'M 1 094 1 , 286 1 ,2481 ,1766 1 , 120 1) 320 1 ,045.50 1 , 222 7D ,112 15 r+ .10 F0u IVA 81' - IM 1,700 813 )1&54 1,532 101x' 7 515 718 5 .IP i 1,61 OAS 2 _ 1 _ 2.,015 2,000 2,914,9.0 - 2'26 5 21241r 11,21,110 .nR.55 ' 421 2!16 8 2 UNi _ , .0 2, ul,t7q q.~i.,70 A. _ J 154 KVA_R-- 1F1 31570_ _ . L6118. 7,2(.(1.._ 4,/'U)-_-. 1?i1 3.475 +318.68 37, 11 3)194- 1,517,011 ..3 ..JQQ -KVAJJ'_- PH-- 4,1124.......__5,40-7_ J1203 5,5)4_ _3171/+ 41920 _ _4,407.142., r1, 1.77 5,756,00_, .,,}?.1,10_ .a_ 2. 500_KVA..JI'.-.1M.---__- _ --6.5135..._. __.7.05.6.. 01402._._.. -1),891 _71!190 _.G19V7_.__ .0,758,52._ . _ . .16 5.. 750 KVA 31' 9,621+ 1111)19 10,_160 10 395 10 197.6(1 S . JGJ7, 140- ) - 7 QO _ _._1.__._... _.1. 11,0510 9,140.0f1 In„~8NG6 _ _ i,)F;LiVEltS'_Ffl wF.EKS_,_ 11-22 I.2-.23 J-I3 IJ-'lll_ I1-21 12-25 11,311 14-28 8-20 11-32 In. 70 hll'p W! 5 r N'I'L VAN I RAN MCC RAW 1:_}: RTE - ( 1 0 1 AA MUC RA1J_ T. !UL)IFIAN 'dtAfd CIIAMT HA I.ON°1• (11111;(;1; MCCRAW II I tr It A1J CITY COUNCIL AGEN~)A BACK-UP SUr1atARY SHELT GATE OF MEETING: May 22, 1984 COUNCIL. AGENDA ITEM; SUBJECT; Purchase Order #63465 Marley Cooling Tower Company SUMMARY; Purchase Order #63465 to Marley Cooling Tower is in the amount of $5,750,00, It is for a trial attempt to control foaming from the hot water distribution basins of the cooling towers at the Municipal Power Plant, This is the least expensive of several options offered by Marley and is strictly an experimental attempt, Using Marley supplied materials and a combination of Marley and City of Oenton supervision and labor, a wooden franeand 3/4" plywood will be added to elevation of the top end of the basin sides and end, ACTION REQUIRED; Appr.-ol by Council SOURCE: OF FUNDS; 1983-84 Budget Account 0610-008-0251-8339 Maintenance of Generating Equipment RECOMMENDATION: We recommend this purchase order be approved and the project to begin as quoted, EXHIBIT: Purchase Order 063465 SUBMITTEO BY; Tom D. Shaw, C,P,M Assistant Purchasing Agent W111 215 E MuKINNOY ST, PURCHASE ORDER DENTON, TX 78201 P. 0. NUMBER DATEIVENDOA NO. DOCUMENT TYP 61445 05/14/04 505 8 MAF25ti000 VENDOR: SHIP TO, f1ARLrY COOLING TOWER CO* CITY OF W`NTON/ ELEC. P RUE), C/O WILCO SALES INC. 1701-A BNirNCEN AGAD P009 [lux 226 AENTON• TX 76205 DALLAS9 TX 75235 ITEM ACCOUNT NUMBER _ UNITS T NUMBER DESCRIPTION BID NO. LINE AMOUNT 01 610 008 0251 8539 1 #12-44-4 REPAIR #4 COOLING TWR 50750000 1 i I it I 1 TOTAL. FOR P.O. 5#750.00 The City of Denton, Texas is tax exempt • House BIII No, 20. Reference P,0. Number on all BIL, Shipments and Invoices. ~ Shipments are F.O.B. C'ty of Denton, or as indicated. = - - Send Invoices TO: Direct All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C.P,M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 8171566.8223 817/566.8311 DIPW Metro 267-0042 The City of Denton Is an equal opportunity employer CITY OF DENTON ME140RANDUM i DATE; May 11, 1984 TO: G. Chris Hartung, City Manager FROM: Jeff Meyer, Director of Planning and Community Development SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT OFFICE In reference to our previous conversation regarding the loca- tion of a Community Development Block Grant office in the target area, suitable office space has been found, The office space is at 235 West Hickory and will be $225 per month includ- ing utilities. Both residents of the target area and downtown merchants will benefit from this location. !~a Jof f Me sg 024813 i LEASE AGREEMENT This agreement is made and entered into on this the dad of April, 1984, by and between Harwell V. Shepard, horeinaftd._ referred to as Lessor, and The City of Denton, harainaftus referred to as Lessee. In consideration of the mutual covenants and agreamen-.i hereinafter set forth and other good and valuable consideration. Lessor does hereby dem+.se and lease to Lesuee and Lessee doet>. hereby lease from Lessor suite numbers 101, 103 and 105, in :am Radio Center Building, 235 W. Hickory in the city of Denton: Denton County, Texas, ARTICLE ONE.' TERM The term of this lease shall be twelve months commencing m May 1, 1984 and ending on April 30, 1985, un:.ess sooner termina-- ed as herein provided, ARTICLE TWO: RENT Lessee shall the Lessor at 9 r pay Edtjawood• in the city Denton, Denton County, Texas, the sum of two hundred twenty f. c (5225,00) dollars each month from the commencement of the term rf this lease and continuing thereafter for the numbers of months the lease term payable without notice In advance on the first :4.xr of each month, Rent for any fractional month at the beginning :r the end of the lease term shall be prorated, ARTICLE THREE: USE OF PREMISES Lessee will use the lease premises only for office purpe-iica, unless Lessor shall give Lessee prior rent and consent -:r different use in connection w4.th Its use of and activities in about the lease premises, In the building Lessee ab its expe,:.s:e will comply with and cause its employees, agents and invitees ;c comply with all applicable laws and ordinances, with all applL..a- ble rules and regulations of governmental agencies and Lessee will conduct itself and cause its employee, agents and invite,~-s to cona'uct themselves with full regard for the rights, con,ve- nience a,1d welfare of all other tenants in the building. ProvL.5- eG Lessee has performed all the terms, covenants, agreements a.nd OFFICE LEASE AGREEMENT PAGE I OF 11 PAGES conditions of this lease, including the payment of rent to be ' performed by Lessee, Lessee shall psaosahly and quietly hold and I enjoy the premises for the term hereof without hinderance from Lessor subject to the '.arms and conditions of this lease, ARTICLE FOUAI MAINTENANCE AND SURRENDER Lessee aoknowlsdgrts that its acceptance of the possession of the lease premises constitutes the conclusive admission that it has inspected the less, premises and found them in good condition and repair in all realects. so long as Lessee is not in default hereunder Lessor she],) furnish the lease premises, during reason- able and usual business hours, with the following services at the I Lessors sole expenset (1) Heat and Air Conditioning, Heating and air conditioning during the customary periods of the year, when and to the Salle extent Lessor furnishes heating and air conditioning to other portions of the building, (2) Electricity. Electric current consisting of 110 volts, 60 cycle service `or lighting and ordinary business appliances. Lessee shall throughout the lease term maintain the lease premises and keep Shem free from waste or nusiance and deliver up the premises in a clean and sanitary condition at the germination of the lease in good repair, condition, reasonable wear and tear and damage by fi::e, tornado and other casualty accepted, In the event, Lessee should neglect to reasonably mainr.ain the lease premises, Lassos should have the right but the obligation to cause repairs or corrections to be made and a reasonable coat therefore should be payable by the Lessee to the Lessor it additional rental on the next rental installment date. ARTICLE FIVE, OBLIGATIONS OF LESSOR AND LESSEE Alterations, Additions and Imorovements Lessee shall not make any alterations, additions or improve- ments to the lease premises without the prior rent and consent ce Lessor. r Damage or Destruction 't if the lease premises should be totally destroyed by fire, tornado or .,ther casualty or if they should be so damaged that the rebuild-,,ng or repairs cannot reasonably be completed within OFFICE LEASE: AGREEMENT PAGE 2 OF 11 PAGES sixty (60) working days from the date of the occurrence of the damage the lease shall terminate and the rent shall be abated for the unexpired portion of the lease effective ae, of the date of such occurrence, if the building or lease premises should to damaged fire, tornado or other casualty but not to such an extent that the rebuilding or repairs cannot reasonably be completed 1 within sixty (60) working days from the date of the occurrence of the damage the lease shall not terminate but Lessor shall, if the casualties occurred prior to the final three months of the lease term at its old cost and risk, proceed forthwith to repair or rebuild the lease premises to substantially the condition tc r which they existed prior to the damage. If the casua)tq occurs during the final three months of the lease term Lessor shall no: be required to rebuild or repair such damage. If theme promises are to be rebuilt or repaired and are untenantable in whole or la part following such damage the rent payment hereunder during tale period in which they are untenantable shall be adjusted eqv:- tably, in the event that Lessor should fail to complete chin rebuilding or rupairs within sixty (60) working days from t::e date of the occurrence of the damage Lessee may at his opt-:.- terminate this lease by written notification at such time t: Lessor wherein all rights and obligations hereunder shall ceasN. Condemnation if during the term of this lease or any extension or renewal thereof, all or a portion of the leased premises should be taxoz for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or { should be sold to the condemning authority under threat :f condemnation, at the option of the Lessor this lease shall { terminate and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking said premises by the condemning authority. Lessor shall receira the entire award from any such taking, and Lessee shall have claim thereto, or for the value of any unexpired term of tci~ lease. OFFICE LEASE AuREEMENT PAGE 3 OF 11 PAGES . Rules and Regulations Leases and Lesose's agents, employees, and invitees w:.... comply fully with all .aquirements of the rules and regulations of the Building and related facilities which are attached here-.: as Exhibit B, and made a part hereof as though fully set ca*. i herein. Lessor shall at all times have the right to change suc.a rules and regulations or to promulgate other rules and reg+:- i lations in :such reasonable manner as may be deemed advisable safety, care, or cleanliness of the Building and related fac,-.. ities, or premises, and for preservation of good order there__i all of which rules and regulations, changes, and amendments w.. be forwarded to Lessee in writing and shall be carried out ia.r observed by Lessee. Lessee shall further be responsible for -ter compliance witn Such rules and regulations by the employe-as servants, agents, visitors, and invitees of Lessee. Inspection Lessor or its officers, agents, and representatives sha.:_: have the right to enter into and upon any and all parts :f premises at all reasonable hours to (a) inspect same or clean make repairs or alterations or additions as Lessor may At-iur necessary (but without any obligation to do so, except as e_:- pressly provided for herein), or (b) show the premises to spective tenants, purchasers, or lendersl and Lessee shall no- r,c entitled to any abatement or reduction of rent by reason therec' nor shall such be deemed to be an actual or construc*._-e ovi,ction. Mechanics' Lien Lessee will not permit any mechanics' lien or liana tc .e placed upon the premises or the Building or improvements theri~:a. during the term hereof, and in case of the filing of any lien Lessee will promptly pay same, if default in paymL.:, thereof shall continue for tweity (20) days after written no--:•e thereof from Lessor to Lessee, the Lessor shall have the i and privilege at Lessor's option of paying the same or 3.:1: portion thereof without inquiry as to the validity thereat, OFFICE LEASE AGREEMENT PAGE 4 OF 11 PAGES i M any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessse to Lessor and shall be repaid to Lessor immediately on rendition of bill i therefor, together with interest at 20 percent per aun+sm until repaid, , ARTICLE SIX; INDEMNITY Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, includ- ing reasonable attorney's fees for the defense thereof, arising from the conduct or management of Lesaae's business or its use of the leased premises or from any breach on the part of Losses of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, subtenants, guests, or invitees in or about the leased premises. In case of any action or proceeding brought against Lessor by reason of such claim, Lessee, upon notice from Lessor, covenants to defend such action or proceeding by counsel acceptable to Lessor, ARTICLE SEVEN, DEFAULT Events of Default The following events shall be deemed to be events of default by Lessee under this lease, (a) Lessee shall fail to pay any installment of the rent hereby reserved and such failure shall continue for a period of ten (10) days, (b) Lessee shall fail to comply with any term, provision or covenant o' this lease, other than the payment of rent, and shall not cure ouch failure within twenty (20) days after written notice thereof to Lessee. (c) Lessee shall make an assignment for the benef!,t of creditors. (d) Lessee shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee shall be adjudged bankrupt or insolvent in proceedings filed against Lessee thereunder and such adjudication shall not be vacated or set aside or stayed within the time permitted by law. (e) A receiver or trustee shall be appointed for all or substantially all of the assets of Lessee and such receivership shall not be terminated or stayed within the time permitted by law. (f) Lessee shall desert or vacate any substantial portion of the premises for a period of five (5) or more days, Remedies Upon the occurren:e of any event of default specified in I Section 8.01 hereof, Lessor shall have the option to pursue any OFFICE LEASE AGREEMENT PAGE 5 OF 11 PAGES R one or more of the following remedies without any notice or demand whatsoevert (a) Terminate this lease in which event Lessee shall immediately surrender the premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession and expel or remove Lessee and any other person who may be occupying said premises or any part thereof, by force if necessary, without being liable for prosecution or any claim of damages therefor) and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Le, c may suffer by reason of such termination, whether throug' inability to relet ( the premises on satisfactory terms or otherv.se. (b) Enter upon and take possession of the premises and expel or remove Lessee and any other person who may be occupying the premises or any part hereof, by force if necessary, without being liable for prosecution or any claim for damages therefor, and if Lessor so sleots, relet the premises on such terms as Lessor shall deem advisable and receive the rent thereof) and Lessee agrees to pay to Lessor on demand any deficiency that may arise by reason of such resetting. (c) Enter upon the premises by force if neoessary, without { being liable for prosecution or any claim for damages therefor, and do whatever Lessee is obligated to do under the terms of this lease) and Lessee agrees to reimburse Lessor on demand for anv expenses which Lessor may incur in thus effecting compliance wit., Lessee's obligations under this lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from such action., No reentry or taking possession of the pramises by Le: .tor shall be construed as an election on its part to terminate this lease, unless a written notice of such intention be given to Lessee. Notwithstanding any such reletting or reentry or taking pos- session, Lessor may at any time thereafter elect to terminate this lease for a previous default. Pursuit of any of the forego- ing remedies shall. not preclude pursuit of any of the other remedies herein provided or any c+ her remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Lessor hereunder or of any damages occurring to Lessor by reason of the violation of any i of the terms, provisions, and covenants herein contained. 3i Lessor's acceptance of rent following an event of default hereun- der shall not be construed as Lessor's waiver of such, event of default, No waiver by Lessor of any violation or breach of any of the terms, provisions, and covenants herein contained shall be , deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants herein contained, Forbearance by Lessor to enforce one or more of the remedies herein provided upon an event of default shall not be OFFICE LEASE AGREEMENT PAGE 6 OF 11 PAGES deemed or construed to constitute a waiver of such default. TTe loss or damage that Lector may suffer by reason of termination cl this lease or the deficiency from any reletting as provided for E f above shall include the expense of repossession and any repairs or remodeling undertaken by Lessor following possession, shoul3 Lessor at any time terminate this lease for any default, is addition any other remedy Lessor may have, Lessor may recover i from Lessee all damages Lessor may incur by reason of sucz, default, including cost of recovering the premises and the wor-, j at the time of such termination of the excess, if any, of t*e amount of rent charges equivalent to rent reserved in this least for the remainder of the stated term over the then reasonable rental value of the premises for the remainder of said term, a.l of which :mounts shall be immediately payable from Lessee Lessor. Surrender of Premises No act or thing done by the Lessor or its agents during e:.e term hereby granted shall be deemed an acceptance of surrender the premises, and no agreement to accept a surrender of t!%e premises shall be valid unless the same be made in writing s.c3 subscribed by Lessor, Lessor's Lien In addition to the statutory Lessor's lien, Lessor sh.a.l have, at all times, a valid security interest to secure paym nt of all rentals and other sums of money becoming due hereunder from Lessee, and to secure payment of any damages or lose which Lessor may suffer by reason of the breach by Lessee of a.ny i covenant, agreement, or condition contained herein, upon a.l goods, wares, equipment, fixtures, furniture, improvements algid i other personal property of Lessee presently or which may hereaf- ter be situated on the premises, and all proceeds therefrom, and ' such property shall not be removed therefrom without the con-sent of Lessor until all arrearages in rent as well as any anO.. ill other sums of money then due to Lessor hereunder shall first have been paid and discharged and all the covenants, agreements, %nd conditions hereof have been fully complied with and performed :,y OFFICE LEASE AGREEMENT PAGE 7 OF 11 PAGES i Losses, upon the occurrence of an event of default by Lessee, Lessor may, in addition to any other remedies provided herein, after giving reasonable notice of the intent to take possession and giving an opportunity for a hearing thereon, enter upon the premises and take possession of any and all goods, wares, equip- ment, fixtures, furniture, improvements, and other personal property of Lessee situated on the premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Losses reasonable notice of the time and place of any public sale or of the time after which any private sale is t: i be made, at which sale the Lessor or its assigns may purchase ! unless otherwise prohibited by law, Unless otherwise provided by law, and without intending to exclude any other manner of givinl Lessee reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. The proceeds from any such disposition, less any and all expenses connected with the taking of pos- session, holding, and selling of the property (including reason- able attorney's fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this section, Any surplus shall be paid to Lessee -~r as otherwise required by laws and the Lessee shall pay erg deficiencies forthwith. Upon request by Lessor, Lessee agree :c execute and deliver to Lessor a financing statement in forn sufficient to perfect the secuz!ly interest of Lessor in t o aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Cade in force in the State of Texas. j The statutory lien for rant is not hereby waived, the security interest herein granted being in addition and supplementary thereto, ARTICLE) EIGHTS RENEWAL I Lessee shall have tho option to renew this lease for _ subsequent term of an additional twelve months and all the terms of this lease other than Article 2 shall apply to the subsequent renewal. The parties shall negotiate new provisions for Article 2 at such time of such renewal. OFFICE LEASE AGREEMENT PAGE 8 OF 11 PAGES ...r_,r_..r...~...~r~....~_..r..w~.....~......r r.-.~ - "--w.".W _.r..-r~r Y..M~-w - Yi 'N~1 1 , ARTICLE NINE, MIBCELLANE0t13 Holding Over Should Lessee, or any of its successors in interest, hold over the premises, or any part thereof, after the expiration of the term of this lease, unless otherwise agreed in writing, such hc,lding over shall constitute and be construed as tenancy from month to month only, at a rental equal to the rent payable for the last month of the term of this lease plus fifty percent (501) ! of such amount. The inclusion of the preceding sentence shall i not be construed as Lessor's consent for Lessee to hold over, `j Mortgages Leesle accepts this lease subject to any deeds of trust, security interests, or mortgages which might now or hereafter constitute a lien upon the Building or improvements therein or on f the leased premises and to zoning ordinances and other buildiry and fire ordinances and governmental regulations relating to tht use of the property. Lessee shall at any time hereafter, o.:, demand, execute any instruments, releases, or other documents that may be required by any mortgagee for the purpose of subject- ing and subordinating this lease to the lien of any such deed of trust, security interest, or mortgage, With respect to any dee.4 of trust, security interest, or mortgage hereafter constituti.y a lien on the Building or improvements therein or the leased premises, Lessor at its sole option shall have the right to waive the applicability of this section so that this lease will not b1 subject and subordinate to any such deed of trust, security E interest, or mortgage. f Notices and Addresses All notices provided to be given under this agreement shat: be given by certified mail or registered mail, addressed to the, property party, at the following addressi Lessoii Lesseet 1 Harwell V. Shepard City of Denton P. 0, Box 1006 215 E, McKinney Denton, Texas 76201 Denton, Texas 76201 OFFICE LEAS: AGREEMENT PAGE 9 OF 11 PAGES i i Parties Bound This agreement shall be binding upon and inure to the benefit of the parties hereto and their respeotive hsira,- axeoutors, administrators, legal representatives, successors, anf assigns where permitted by this agreement, Texas Law to Apply This agreement shall be construed under and in acoordancK with the laws of the state of Texas, and all obligations of th,e i parties created hereunder are performable in Denton County,. Texas, Legal Construction In case any one or more of the provisions contained in ths..E i agreement shall for any reason be held to be invalid, illegal :,z unenforceable in any respect, such invalidity, illegality, :a unenforceability shall not affect any other provision thereof advf this agreement shall be construed as if such invalid, illegal, unenforceable provision had never been contained herein, Amendment No amendment, modification, or alteration of the termu hereof shall be binding unless the same be in writing, dat.e+5 subsequent to the date hereof and duly executed by the parties hereto. Rights and Remedies Cumulative The rights and remedies provided by this lease agreement a.:-* cumulative and the use of any one right or remedy by either parry shall not preclude or waive its right to sue any or all other remedies, said rights and remedies are given in addition to ar.-y other rights the parties may have by law, statue, ordinance, ar otherwise. s j Waiver of Default No waiver by the parties hereto of any default or breach :f any term, condition, or covenant of this lease shall be deemed be waiver of any other breach of the same or any other tern, t E condition, or covenant contained herein. { Attorneys' Fees In the event Lessor or Lessee breaches any of the terms :f this agreement whereby the party not in default employs attorne s OFFICE LEASE AGREEMENT PAGE 10 OF 11 PAGES to protect or enforce its rights hereunder and prevails, thon the defaultinq party agrees to pay the other party reasonable attor- neys' foes so incurred by such other party. Force Ma,aure Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lookouts, material or labor re- strictions by any governmental authority, civil riot, floods, and I any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Time of Essence Time is of the essence of this agreement. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the day and year first above writ- ten, LESSOR Harwell V. Shepard ~-Haar'wail V7 sb' e~i"pa' rd' LESSEE City of Denton 9y: 0, Chris Hartung City Manager ATTEST, C ar otte Allen i City Secretary I I I !I AppKVtO AS TO FOAM', V Y ATTOANEY. CITY OF DENTON, TVAS 8V: OFFICE LEASE AGREEMENT PAGE 11 OF 11 PAGES CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: May 22, 1984 SUBJECT: Approval of the preliminary and final replat of the Paul Hamilton Addition SUMMARY: This 0,568 acre tract is located at the south- east corner of Eagle Drive and Cleveland Street. The property is zoned general retail (OR) and retail development is anticipated. The intent of the replat is to relocate the existing sout,3,- west lot line 10 feet to the south in order to accomodate an additional structure on the lot. Streets and public utilities are available to this tract, Drainage is a serious considerati,cn in this area and a drainage analysis will be re- quired to set a minimum finished floor elevati.>n, ACTION REQUIRED: Approve the preliminary and final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the plat, ALTERNATIVE: Approve the preliminary and final replat ATTACHMENT: Reduced plats p Denise Spive Development Review Planner 0466a ,F j ' 11.,avro l r• hlNif ~ 4r1 4' +fl I i ke:., Fiiilu O/pir/.S' Ieva ~y~ j a i V ! Tw Cr.b • f.ll07 os~ are L. dY!• 1 ~ Jxf1~ ~ +17~ t Z C' 'r 'J I' S: i 1,14 MO i illl M~ -y at • ~i ,4)61 t I bOJwMJ 3 t"•wq 110, 0f 1 } a. a ! n. ~ r o , ~ 1 ~LO~K e • ( I f I 1 i.or II HAMILTON AMITION J40t, Iq""Aw" V. 116 f M2 DA I`fI Jr-~ 1 j~ 7f ~r / I See/f 10,30• I C. 7:14 ~:a8 al illy 'ir'/ ccnvnr/ Oc i,crlr^st,rv~ vloovITY MAP (AY jrq r, f,tMOAF,4f A(, v5f 4A kLL: L919 I4A1.10 ou •.n fYNL+N,T+ b.2~0 4 b i OR.4PHIC SCAL£ 1 POf C(METARY, 44 i 0 0 li DR/ V£ s. e X41 2..,.1_.~...,~..a.=. I 2 too I I h n E~ L t e ! 14, Of mo' 14 8 s n, ° 0 9 0 2 W n 09 0 /D Q k C/nnMl ' OilrMb ~ rw N ` u° lye I .o I2;B M e ° BLOCK = N 8 CHARLES P. MULKEY,f/e l~ II{,13 Iic, 2' ' W 491 3b' 2T' W. 232.33' Exist. 60 Pow , i. t '7' l J 1 HAMILTON ADDITION JAMES KC.KHAM,F" v.346 P.402 5.4 4Y O r O 11An S Tf EAGLE taut, . u IN INC 500/6 / =30' + TV of 4EktON,TE%AS 11II"COWAL Us( iOtt. ES MULKEY i I 9 kAm PTOk ROAD 'TOk, T 9 X As vlowTY MAP 0 3 10 20 30 40 50 Io0 GRAPHIC SCALE FINAL PLAT RE LOTS ,!HEFT RS A& SURVEYORS OF 1LOTS 12B.13B,146 BLOCK 8 PAUL HAMILTON ADDITION J, t-, ! CITY COUNCIL AGENDA BA9K-UP SUMMARY SH9 T MEETING DATE: May 22, 1984 SUBJECT: Approval of the preliminary plat of the Business Center 288 Addition SUMMARY: This 26.4 acre tract is located at the southwest corner of Loop 288 and Audra Lane. The propertF is zoned planned development (PD) for office, commercial, and multi-family uses. Perimeter street paving will be required on Audra Lane and interior streets will be required to serve the development. A 6" sewer line exists on Audra Lane but an additional 811 line will be required along the proposed Charleston Drive. Eight inc', water lines are in place along Audra Lane and 288 but an additional line will be required along Charleston Drive. ACTION REQUIRED: Approve the preliminary plat RECOMMENDATION: The Planning and Zoning commission recommends approval of the preliminary plat, ALTERNATIVE: Approve the preliminary plat ATTACHMENT: Reduced plat Denise Spive' Development Review Planner 04929 -+i N 1 a . 1 \ ~ r I ! 1 A11:P •PR12 CO SYA•Iq'7:3 1 'I-, MkP ♦ fi R JY 7 J © ® l~ x I ~ ~ (SI J II . 1.lRK 11 / I I t S yMW+ 0.1 + 161 / 4,14 L'IIOW ~I 1 1 }1\.[p+11 ~ I~K III i ~~I i if I I ' 1 1' p Z u Oty f{ O, r'~6 ~ . t y 8L Z. 1 O P W t r ~ `W ~ 1 MFII'b I anv J y I Iy I i~ =pr# F,l NO 84", wuo,Mv4we ow ar OrNION, OK f / 70~: tll OR. II r /J f CAl'llk. COVSUU.Wrv CDRr ! 111,1 a w1 ' w Alp v qu.+rrr wAr iHA 1rS WCRi W ICALC RIL r .lcv • • a ° K•"l l BUSIlJES3 CENTER 280 0"Y'ON, rJr -IJ.ra WRIL 0,11004 ~ I A$f T III 1t r M/ {I u1RAT!C CtlliDN AlIS COl'IYII WWI, A ibf,y Ar U.464 AM% .181 /SD! 6Q► f VIER CO. •LMV[Y A• Of? i 69 104 r CITY f M)jrV or 4JWmm, rY. CITY COUNCIL AGENDA BACK-UP SVMMARX SHEET MEETING DATE: May 22, 1984 SUBJECT: Approval of the preliminary plat of the J.B. Addition SUMMARY: This 2.1 acre tract is located on the south aide of East '4cKinney Street (F.M. 426) approximately 300 feet east Of Loop 288. The property is zoned commercial (C) and commercial development is anticipated, The developer will be required to build one half of a collector street, approved with PD 41 to the south, at the eastern edge of his property. Existing 8" water and sewer lines must be extended across the property frontage to serve this development. ACTION REQUIRED: Approve the preliminary plat RECOMMENDATION: The pprovanning t and preliminary recommends ALTERNATIVE: Approve the preliminary plat ATTACHMENT: Reduced plat Denise Spivey Development Review Planner 04929 f C' R.0,141 Ilk L Ak, \~n ' zavto tr, n. .t. T,E roer \ 2. 116 Ac \ ~ ~ \ ~ ~ - rt»T r ti s~so,s \ \a~: 4ei~ tee: ~ 'tt '~•aJ f aM \ ~ ' ^ qr CIE P^,P'.EY Et~U'7rES +NC ,1,itt \ ~I LGCA'QU HdY NOTt - CMYOjR LitlL7 Mf eRMLATCD fRON CITY Of DLAITDAI TOPO NAP DATCO LLD 014. 1 5L,4LC 1 ' SO' APRIL 11, 1184 RLV 4Kt+L 14 •484 'A4Y •484 L74fiVE/C MLLIMINAItY PLAT JACK aELL CO;JIST~ .1. B. ADDITION 3'1 ! •1 hw IC I l11d V f I DE'VT0N,TX 76201 2,If6 ACRC5 UJ THE ,41.CP. i P. R2. Cd.5YAg27 CITY 4 COUNTY Of DnVTV*1 TY J :A 4'7 6J ek~„U [CYM dLAVHit 1f AlC +N rLCT GI '1'Y UUUiJU1L AGENDA 6AU&-UP SMIAXY SUET MEETING DATE: May GL, 064 SUt3JEU'r: Approval of tae pruliminary piaL Ut t1►e Laxeview UaKs AddLLluu L'UM4SIARY. r:Us 1/9.4 acre tracC is located oil L►►e east side of Grissom !toad auu adjdCeut and west u Lewisville LdKe. T►►e property is loeateu in tae Uity's extrateevituri.a.i jurlsulctiu►► and tile planned use is a SSU lut wodular housing suudivisiun. Airntexatiorn is udiag prepared tar Luis area. Water, sewer, and electrical lines wust ue extended to pruvi.de servlCe to tuts site. Screets and draiudge iaCiliLies musL also be cuustruc:ted for tiiLa deveiupmeL►C. AU'TIUN Kb4UIXEU: Approve Che prellminal'y plat KECOMmENDA` 1UN TLIe Plauuiug e.Uud Guuiug GUmm16slU0 recuwmiuds approval of L:ue preliminary plat with Lne co«Ui- LiLou teat sta1:t UuLurwlue cite exL'Ui►C of urislCe irapruvewet►Ls j:eyuirvd tar Grissom Roau. ALTEKNATIVE: Approval of Lne preliminary plat ATTACHMENT: Reuuced plat L I G Uenise Spive ,cam Development Keview Ylamier U2jga .au.rar........u,,..r.....a_..e:u. v..,a.•rr.nr.+'.L.]wr^.T~'-.- ~l f ' N • y1r 1 . 1 I•y J• •w w•1w «ww11 WI IMIIr INMN1 welKlrr KM ' ' 44 k V. low 0.1 611N •.M I« '~I i IN 44•N'1 NI.M - - KOOK I + nta• AR, OS, 0,♦ • KOQK J 14 40140 KOQII J i. L01• I ,e} S1 oerrn+lr ~ ' ~ ~ ~ y ~ w . t y9. KOON e Y it LIn ♦N ww.lw•r IFI1 KOCN Ir N1a• +,r Ir CIA ••,w1 rms.' ~ a' or •a . 111 Imp 1 1 ~+-y 11«•NIrN ••rwrwq• ~ -.r ; f/ i hr.J 1 NN•N••MINNII ~ "1~"" ~ ~ ti,~ •,1« fllw♦rr ♦•0•W~ ~LOCR. : ti *Is 1, tr}k: 1 rI♦Y AM,y IV f• r.A, l u It ! .1l Gn Lrlr 0"-al - _ i *LOCK 14 t 04 t*** AIM', S + 0li7TON COUNTY, TEXAS f• 1 . 1« a.r OLC<R 11 , t! FNI ~ . mmp r~wMMeW♦.W M rr•l•N•wm«Na■"WmAgm w•1 so 111V1.1rIV iii , ~1 •LCMM 1J N,NL IN t_ rl ~1I~ / --~r••. r aMM~Ir~,';,.IMMr::.f lee. ~V~Yx W~~Mw~,~r.."_ N"••"wl"4Im..WIN ; .LOOK 1f '~~-•.~,.1.T -'w "NmAll ~INVlL g'a"rM""Oi~.5'A13 i•'. yy y1•4rL Z.W.w,j' Nmoo r 1.1 l rllr... Y11111 Cm,0 Icy 110 ,.yam„ ,eY 1"j r •L r. y •J Y ~`T._-`_`•C•• M'~_~~...~'~_ • IM 1IS~wr`~~'►G}n~3~{,~.•.'T.~~1 yJ~~111~~"'11+L •if1fiiLww'bM+l•M,T'I11w I~1 i~.i'iV IN _ 1' -2I.~\ ~R/M✓/~_. 1 Z CAN* 1 a 1!I \ rte.... L fN a 11 l •.ri•'wa'w11rlwl_r.Jlw•..rlwrl.r~li:~.' JI 1 ~Ii AIL r~yr~rN~r,~1ll~~~rJ~T14.~Y~1Y.w lr•li~ /r'~ -{I' \ I ~a1l~=..~;~A_ t•..ii~.R ~.Y~.G~ lG'1.:.'IY}tlt Cl'Clx _ _ ~ y ~ \ \ MJ d{ii~ AwT I, NrILaNw al«rrr JLOCM f1 r r r llil C'1.+r«N " CL«I !1""'..Y"w`C? ` i ♦ I w I L11 I1 a 1~w1~ y1/a'Y'1 {1 Il I !5 •MMKMLNMiN1~i1•..r~VJl.1iwMY~'1.1 !I..~w'~'i~ ~2 } ~ lr `,f ~ 1 i 04 ~//1////~~/)\ LAfYM 1. INI•fkL~, I I , IllVl• lee v f *e w ~ ~ JA}.INwM •.w 1IN 1~L ' S Cl) I MOREAU FORREST SURVEY1 ABSTRACT #+17 1♦; it "r`-'~- Iw .1.'11r Ke 11 u1 ~I ~ ~ 11• 129.402 ACRES DENTON COUNTY, TEXAS ; 1''• I 850 TOTAL LOTS CITY COUNCIL AGENDA BACK-UP SWWR_x SHEET MEETING DATE: May 22, 1984 SUBJECT: Approval of the preliminary plat of the Northwood Addition, 9th Installment SUMMARY: This 24.1 acre tract is located at the eastern termination of Windsor Drive acid Dunes Street, immediately south of and adjacent to the Kingston Trace Subdivision, section II. The property is zoned single family (SF-10) and the development of 63 single family structures is anticipated, Streets, utilities, and drainage facilities must be built to serve this develop- ment. ACTION REQUIRED: Approve the preliminary plat RECOMMENDATION: The Planning and Zoning commission recommends approval of the preliminary plat. ALTERNATIVE: Approve the preliminary plat ATTACHMENT: Reduced plat Denise spi eye Development Review Planner. 04928 } ap. wt' to HH•• aq ~-tTb~ ter:: ♦ /`p .rv.r 1 I i. ~ \ f. T .~\~y\ ' rn~r 1 \ ~~f L. • - tw.r yr. r+wr rr..r rt • /C~ , / !q \ \ ~~'fIl\'~ IjerrnF \r .w.n 1..._._I' + I. y...~. .rr.1 ~ - ej y` v '~I t` ~ ~ I l~~ qs '--1 \ ~\•1 , n . ~ .11 - _ IIoI, II ~.y.._._ I ~ \s I ~'.a~~ cl I•r.urr r.r... jj~ I.... 1. 1.,..-sl-.. II-- ♦~i ` \I,/~ 1 ♦ ! ir'^„ \I f ~r•t! If _~u I I ---I'j.`"' rl •l r ups,: 1 ♦JI ~ ~ r =1 -ir 1` \♦♦l \ /~If I IIIhT11 t flL ` 1 '1 1 C I, 1 ~ I~ ~'MMI1 / I / f "or qi\ ~ t e r I% 1 I U_ - JI MV r I I . Q r .I ~ / .1e, r r• \ _ / !II ~ "1 . I f b . \ ~tl, ~ r _ _ • 1 1 I if _ _ `\\I~I `/r r,rrn lam/ / L~' I 1 ! . ~ V1 / II / rwww. «.r..».. ] ♦ . \ l f I\ lf(')p~y r t* \ j Northwoutr Addition-91h Inst .t l' w. b rt lr ra'tt+hr, OtMioM w. r • ! - I .rtsr a ► 1 Cllltr Y•Ltf b"Y[t0►WM1 (Op"AlN ! ~ 1~1 e~ \ I •'r if Yrrryf nrn + n,nq t,nr H}W 3 MrrfrML11 a SSAXIArtl, Net eMY.'f rw.wl lw L2FiLQtl_wna ~..If•.tt 11th Oilt, %A TY CUUNV,114 Al:4kii)N t1ACK-UP SUM111AKY 61WET Mlst:l'WG JAL'N: May 2', 1984 SUBJRUT: Approval of tite Preliminary Plat of the Super 8 l-loeel AiIdicion 6UMPIAKY: 't'his 1,1 acre tract is located on the youth side of rile 1.-J5R service road apptuximatUly GSU feet east W ~meme Street, Tile property is toned com- tuerr.i.al and Lite developinoiiL oc a motel is antieipataLl. Street access tCom the 1-351: service road is accupcaole. A private on lice sewer system is necessary ants the developer will be required to loop the existing U" water line on the 1-3)L service road into the line ou Ft. Worti► Urive. ACT 1014 REQUIRED: Approve Lite preliminary plat K6GUMi`16M)ATWil: Tite Planning and ionin6 Commission recommends approvcil Of L•itu preliminary plat, ALURNAfiVE: Approve rite preliminary plat AiTAGNIENT: Reduced plat t Uenise bpivej Uevelopmeat Review ?fanner ' ti1Sic 4 N 673 eer ,oo , ra1.l~`AiJ{~ ' h" hPt STATION ~ I \ \ ~ ih LOMMC RLiAl, \ I I 1 rip ~ I 1 ~S74TF OC rexay LOT I BLOCK S r I~ ".s n 1 1 t ^~COMMCRCIAI '00' P N fIV I I ~ j , l 37 Ac \ 47. q N l NIM ~'ttj•f 121 a\ Co ADON \ I t LOT I BILK I I 1 f, CCMMgRCIAL acr _ _ _ h r4D I I r JZL~ I Y ~~rQSTG 'SW ~,u~ NM•t0\W 1!. I' N M'10'17" W II7 tS• Y v E TU A 6 1f N• N 4I• W 4 I o ~ ACME ~aonirwnl 'I I S f CMM&RCIAL I t7UIST, 6'4AN, uwer ' a ^r.? wAiCR ACME STKEET ; R r 6"M'A76R fRDA! No" • GOAITOU! U D K(p, [YfST, 2"WATd! I Tt[ TO ( 0.'A1LRAI CD4 pif] 01.I L p 14~~AIMI CIIL j l14i Lw f "ewe\~ I w i LOCAT•110N MAP SCALE W,501 I' 2000 APPIL 12,t984 RCY MAY ! , Igg.l DFULOncR PRELIMINARY PLAT M'/AV ALSTR` P,o.60x 1202 SUPER 8 MOTEL ADDI-rjoV OCOTTSBLUFF'i Mt. LoT i BLOCK WING f.1'37 ACRES IN TWC ALCYANUT MILL SURVEY A-623 CITY 4 COUNTY 0F' D[N70N, 7W4S o a ,o d eo loo tw ?RAPHIC SCALE !N r[ir CITY COUNCIL AQBNDA BACK-UP CRY SHEET MEETING DATE;: May 22, 1984 SUBJECT: A proval of the preliminary plat of the Indian Ridge Subdivision SUMMARY: This 15.5 acre tract is located on the north side of Teasley Lane immediately east of and adjacent to the 'timber oaks Subdivision. The property is zoned single family (SF-10) and single family detached development is antici- pated. Streets, utilities, and storm sewers must be built to serve this development. ACTION REQUIRED: Approve the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat. ALTERNATIVE: Approve the preliminary plat ATTACHMENT: Reduced plat Denise S iv Development Review Planner 0492g 1\ it I I _ N 04 t0 10 1141 41~ 14.L 5 00 41't! W ~30.~7 'i y{ 5 YI J.,I, •'N ~ i7 _a - y~ 'I 3 M_ N I y ors ' L:.I:~_. _I~ _ .'a.-.~ •1 `II . 04 4" 1~ I . A I'1 >l p 0 OL1 r S 00 37 47 W - IA •90.70- • I~ too f73 ot j Nil "I ONC.< n o m r mm 3 n h- OL Q N a 70t 0 C 1 s 0 It> A 0 A h 0 0 r71 \ N T OI V O r I N N A ~ ~ W N O so N I !r r ~ R ~ o s z ~ i E Irlvl ll,l Illt IlAllll IiAll'1 ,_i ~N-. Yllk ,IIII,IIDENTOM T'EASLEY ROAD I l1\I 11 I~ \\~11;'. IIIIA,I II/ Y.1. 1 i SUBDIVISION 16.53 ACRES ' ~ .vl"ill lYl 11 Itv I "All QfTYof DI NTON, r XAL MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66-8200 MEMORANDUM DATE; May 17, 1984 T0; Charlotte Allen, City Secretary FROM, Robert Hap,emann, Fire Marshal SUBJECT; Fireworks Display Our office has received an application for a fireworks displa from Denton Kiwanis Club, to be conducted at Fouts Meld, North Texas State University, on July 4, 1984, Attached is a copy of the site inspection report. The re- port reveals that all safety regulations of both City and State have been complied with in this application, and meets the approvpl of the Fire Marshal. As soon as the City Council members give their permission, we will issue a permit for said display, o ert agemann lv~ W_ ~ Fire Marshal R11/s,j 4 A" STATE FIRE MARSHAL'S OFFICE REQUEST FOR DISMAY PKRMTT PHIS APPLICATION 1ST RF. COMPLETED Ir„ N DETAIL 6ND FILM A; FOLLW.t 1, if the public display to to hn conducted in an iocorporAtod city, the application must be filed with the Chief of the Firi Department. or thn Chief fire Prevention officer of the city. 2. If the display JA til hn cancinctetl in on wren which I.4 oot within tho (,4',rpor.iee limits of a city nod is not within a county which WA dos4tnotocl a Obiaf of tho ,,Are Departmortt ar n Chief Fire Prevention Offtcor, the application nuiat be riled witl: the Stnte Fire Marshal at the State Board of Insnranre, 111.0 Snn Jacinto '.itreet, Austin, Texas, 78786, or Any suitable person dusignat'ed by him. , '.t I NOTlir The lnw requires t:hnt such Application mum be 0 led at Whit twonty»four ('2G) Hours in advance oe the date of the. public dispiny; howevnr, innsmuch as the ofEtcer to whom the Application for n permtt is made moot nutko an iiivnsti.gntion no to whethur or not the display will bo hazardous to property or dani)uratis to any person befc•ro the pormil can ho gt'anted, thn Application shot,ld be filed woll in Advance, of the propnsed IInt:n Of tha clispl+ty Ao that thn officer will have .nuftieto.nt tuna to make the intestiga- ti.nn and so that the State Fire Marshal. will have sufficient time to process then applica- tion and iR;tue the permits. NSplays nncst be conducted in riceordince. with all local ruguloti.uns and in accur,e.ancu with Commissioner of InsurAnce's Official Order No, 8584, A 17.50 FEE FOR EACH SEPARATE DISPLAY MUST ACCOMPANY THIS APPIXATION. TO Rr COMPLLTV BY APPLICANT; 1. Nnmo of person, firm, eo-partnership, corpovntton or nssocintion making applicntion: nent.nn Kiwani_c AddresN 320 i;irst State If applicant is a person, is applicant an adult? Yos ov No If applic,int is a firm, co-partnership, corporatton or nstiociution, i;ivc name u person making tho application on hehal.f of the firm, co-partnership, corporAtton or as=ociation, Dr. Lloyd S. Hindman 4 P' Ajjj dpn+ n£ nentnn Kj wPoij n of nh _ Addraes. 2313 Vanderbilt Ct. , Denton, TX_~201 Doon npplicrint have three (S) or more amploveos? Yes or No No If appiicant has less than three (3) employees, has applicant Fwnr can ted Workmon'e, C+:i1nponcattoll Insuraltce? Ye4 or No No 3. Typeu of fireworks to be used and from whom fireworks wHA bo houi;he (decd, 1 list)! l'rrn^ whom purchAsed_ Western Enter rp ises, Inc. .__y._.___.._........,._._...-_._..----,-- Ad dronr PLO, Box-1-2-276,-Enid, OK Detailed list of fireworks to be used (nttoch Iipt if apoco o innnf'fir.icnt fur I inl;); Slit-4-75 ' -over- Information concerning the person who will handle or supervise the display' Nnm4 ARe~_t)unlitionr and Previous experience_ I suc parson or )is employer a$ boon issue a general itcanse o blic display of fireworks, list the numbor of such license and the date of iasue, Number Dn to 5, Date and timo ciiaplny is to be held July 4, 19$4 9130 P,M. r 6. Location of the dtoplny (ATTACH DIAGRAM SHOWING AREA IN W11I011 FIREWORKS WLLL 10- DFTONATED) ALL BUILDINGS WITHIN SIX HUNDRED (600) FEET OF SUCH AREA, AREA TO BE USED BY SPECTATORS, W) PLACE, OF STORAGE OF FIREWORKS BEFORE AND DURING DISPLAY). DESCRIBE. 1°ULLY HOW FIREWORK8 WILL AF STORED BEFORE AI1D DURING DISPLAY, 7, Are the $17.50 ermit fee and the surer bond or certificate. of insurance enclosed vlth applicat nn es~er Ao yt7 ee attacTie~c `fiisrructiiotis~con`cerning bond or insurance requirements). 8. Return to; STATE FIRE MARSHAL 1110 SAN JACINTO STREET AUSTIN, TEXAS 78786 president - Denton Kiwanis Club atu 4 BONA OR INSURANCE REQUIR21INTS W(1R!NAN't; COMl1M1SATTON IN811RANCF if rha applicant to or has boos, coverall by workmon'n eumpnllt+atinn insurance 'As nn oiu for L emplovor or if tltt, appll.cant, at t;lutinelrafom1ioneoshlthepnpplillcnnl cnustafurnilsh far a puhlte ,lispLay, ling thrEO ('3; r, P y ~ u rurtifW,tr.a from an authorized it!.11rer cartifying that the uppllr.ust bwi n workmbn':t cotnponsat ion policy covor trig such emplr~veas , (T@ tho npp l icunt has nevor been o wmved by workman's empensat ion (as an omployer) and has fewer Ethan throe (1) nmployr.!es, wrrkmon's componsation insurance is not requirod. 3. PCIV,lr, I.IABILTV INSIIRANCI; Olt S !RVY 50ND5 Lithor public liability iwittrnne(., (w'th an nutliorleed in.qurov) or a s.uvot.y hund is required in connuction with all public displays of fireworks. Evidonee of pul>li,i llabi.ll,t), insurance must: be presonted in rha form of a certificate of coviwnge from Chu ini.ut'oitc" company, (f thu ripplicant is ftirt)(niiing ,n surety bond lit llru of evidrnce of public liability insurance, the bond must he filed will! thu otficer to .'whom tho appltc.ation is made. AMOUNT OF INSURANCE OR.-BOND 1, i;' any (Aasu A firwork, are to bo usud in thn display (oltl,cr 4:xclu;>Ively i,• cianhitlatlon with (Ahor fireworks), tho applicant must: furnish tilthrr n surnCy bk)ud t i 1no.ii by rttl mithori.ra.l sur.oty c,otnpany) in nn amount not'. 1004 than 'I'an Thow"miul u,l 1,1r:1 Lty,000) OV av idencr of it public. 11711+11 fty itasuvilm"O policy of not h1i 61:111 Twrnt: Thottimid, 11(ill.nr,; (S20,000). It the dlspisy i,*, to one Nwo; Ii I.Ir.uwovks mclusivuly, tiro Olwpunt ,i 1.1 t~ : urui.v bond ;;hall ho nor lu!;r, Oiun Ohio Chokwand Dollars ($1,000) nr Ow aurrsime of pul,'iE: itV i.nsur,nlct+ Shall h.! not lagv HiAn I'Ivc Tlirlusand Dullar:i ('i,llc)O}, P'in' Chi t-.-pi, dl!.ploy the hand way bo 6suedby!tf'i(:ilentisuaatiestwhoMtrrny':r~r mayl.I!( ihr .Ys:(!:-utad by ,tt Iaast. two (7.) t, n ru officur' imstthw, the portnit, I ~ FIREWORKS DISP.LAY LOXION INSPECTION CITY Of DENrQN, MAS 217 W. MaKinnoy / DEMN, rVAS 76201 / 7E EPkONE (817) 566.8 1. If applicant is a person, is he an adult? Yes or No Yr, es.~ 2. is the person who will handle or supervise the display approved by you as a competent and experienced pyrotechnic operator, if Class A fireworks are to be used in such display, or is such person approved by you as a compe- tent adult person, if Class B fireworks only are to be used in such dis- play? Yes or No'," . I . Yes 3. Will such displa be in accordance with loc4l ordinances or regulations? Yes or No.' " ' . ' es 4. Will such display be in accordance with the rules and regulations set out in Commissioner of Insurance's Official Order No. 8584, adopted by the Commissioner of,insurance'in his official capacity as State Fire Marshal? Yes or No'... , . . . . ' .Yes S. Will such display be hazardous to property or,dangerous to any person? Yes or No',,,.. ,,,,,,.No,...,,., . 6. Do you approve or disapprove the application? approved % If you approve-the appli,cation,is your approval sub3ect to any conditions? Yes or No 'Yes" " ' List Conditions' see below conditions 1) The Cityy Council approves and gives permission for display. 2) Fireworks not to be stored twit in City Limits of Denton, (3) The fireworks be delivered to location of display on the day of the event, (July 4, 1984) (4) Follow guidelines set forth by the Commissioner of Insurance Official Order 8584 (copy attached). (5) Any fireworks that remain unfired after display is concluded shall be immediately disposed of in a safe way for the particular type of fireworks remaining. (6) Any fireworks that ascent in a flat spiral motion must not be fired. References to these conditions are to be found in: (1) Uniform Fire Code, 1976, Article 12, Sec, 12.101-12.106, page 97-88. (2) Code of Ordinances, City of Denton, Chapter 10, Sec. 10-5, page 414. 3) Official Order 8584 of the Commissioner-of Insurance of the state of Texas, dated April 19, 1961. ' gn furs Fire Marshal j1ay 17. 1984 - Title Date I V~V, ~I I4 ,1 R r3 I I R' A I I I i~ U1'II '.I' ))t ; ilJ}lit+' lIl Iilttl111' III 40 i(II' Icll ki!Ltt' E'; A ` u„+RIMN , i~ I ~ i Illailll'11MAW AND ADOIII SN AG(NCY , HARRY P., FRA= AGENCY COMPANIES AFFOROINO COVERAGIS Pr Or BOX 1226 oA(pANY e E'NID, OKLAHOMA 73702 04,70 A ;KSMAto COMPAI lITTTER B ANO ADM SS oir INS D V I, COMPANY MtE4'>,'M ZM IRPRI$ES, INC# L(TftR P,.0* BOX 1914 COMPANY D ENID, OKLAHOMA 73702 uTiEa COMPANY LITTER ThIS $ to tart Iy 1Mtookit Inswalp Ibtw W" MW fuod to tM n abOW R Ann t» Sl If time. It S trod n` my r u remanl, N* 11 a e Ilion M Any ConhK a MMTT AoeuwNnt wIM mtow to VII IN$ C010"to may b~ Ip(NCl er nyy pa1Nn, IM I IS~o II by IM peI1~N f doscrlpod haNn w,l., et to Aq the tams, aaCiuflaRq an0 cenatbn: 01 Such MS, COMPANY 01 L1411111 (MPIRA I hATE OCCURpj N1:( AGOR[OAfI OENfRAI IIAMLIYV 111001LY INJURY S COMPRE.N(NSIV( FORM A PMMISTS--MRATIONS GLS001OU6-1 12/01/84 PIIOP(RTY OAMAOI { i S L..1 IAPI OSION AND COLLAP'S( HAZARD "OtOGROUND HAZARD PRMOUCfs'COMPLIItD $300,00). %no Limit Q oP061roNS HAZARD DOOILVINJURYANO each ocC,vAq CONiRACtuAt INSURANCI ►ROP(R1YAAMA0( S 0 BROAD TO" PROPtR1Y COMHINW DAMAGE 000tKNIDW CONTRACTORS I ~~--II LJ Pt RSONAL INJURY PERSONAL INJURY " S AUTOMOOILE LIAINLItY 110011-V INJURY NtN{IV( FORM (I ACH P(~NRJJSOH) S ~~I ❑ OWN(D ACH I ACCIDENT) S ' ❑IJIRtO PROP(RIV DAMAGE S ❑ NONOW D eObRY INJURY AND PROPERTY DAMAOt S i COMAIN110 EXCEbS L ASIL TY ❑ UMBRELLA FORM AOOILY INJURY AND PROPERTY DAMAGE S f ❑ OAR THAN UM4KLLA COMBINED 1 WORKER!' COMPENSATION sutuTORY EMPLOYERS' LUIINUIrY S U r.lran(M r WHEN i I U(SCRIPII')N Of OP(RAIIONS/IOCAthONSN(H"(-,; Public Liability & Property Damage-Fire-works Exhibitions-$250. Deductible each claim ' Date of Slow) July , 1984 C ne@llsdonl Should any of the above described policies be ;ancelled before the expiration date thereof, the Iss~':.~g com- pany will endeavor to mail .._LQ_ days written notice to the below named certilicate holder, but TAdure to mall such notice shall Impose no obligation or liability of any kind upon the company, MAAKANDAbORtSSORCERTIfICATEHOLDER; April 1£i, 19£34 dm Kiaanis Club DArt IssutO._. Denton Texas Zk ~2 o I .C ll _ AUTTRORRZ[0 R(PR(SENtA1M( 00, ~ ~ ~ 111 / 1_. ~lj . ENTERPMESE INC- 1[ i r•1 1 Box 1914 • Enid, Oklahoma 73702 • Phone (406) 234.6419 or 233 3264 i DESIGNERS - BUILDERS - PRODUCERS OP FIREWORKS SPECTACULARS April 17, 1964 DEAR TEXAS CUSTOMER, A New Ruling by the Texi'6 %ato ri)nr(i of inuliranufarm,dloesas has it that "The Request for Fireworks U splay Permit,, not go to Austin. Instead, the Completed form is to be presented to the local rire Marshal or Fire chief for their approval. The Permit is to be i,Sued by the local authorities, and a copy of the Permit is to be supplied to Western Enterprises 1nc., Fox 1914, Enid, [klahoma for their [ilea, before shipment can be made of the fireworksthat all . It inethereforetopstcan important that the matter be expedited be completed as soon as passible. Fbr those who handle their own firing, the requirements. eor suranco be supplied coverage or Bond, must be met, and proof i,' to the local Fire Department Authorities. The requirement of $17.50 Fee for issuance of the Rarmit should be Collowed by submitting a check in this amount to the local Fire Authority. lWisibly, I there will be times when the local authorities will refuso to accent the check because they have no means of handling such Seas. If. the check is refused, the check should be returned to the party who issued the clinck. This is up to the local authorities. is If we can be of further assistance, kindle contact us., at nur. oi'f;ice in Enid, Wahoma, phone (405) 234-5419 or 2.34-5417. WESTERN INC.. BOX 1914 ENID, MbAiis''iIA '13702 • r,: No.-.,$38! OMCIAI ORDER of the COMMISSIONER or INSURANCE Of the STATE OF TEXAS AUSTIN, TEXAS DAW April 19, 1961 Subject C isstldwed I RULES AND REGULATIONS FOR THE GRANT= OF PERMITS FOR, AND THE PRESENTATION OF, PUBLIC DISPLAYS OF FIREWORIQ Oaneral rmwka and official ectien t" to i The Commlosiomr of Insurance, in his official capacity an State Fire Marshal, in accordance with the provisions of Articla 172S of the Penal Coda of the State of Texas, hereby adopts the following rules and regulations for the granting of permits for, and the presentation of, public displays of fireworks: Application for Public Display of Fireworks Application for a permit to make a public display of fireworks must be made, for each display, in writing on a form approved by the State Fire Marshal, which forth must be completed in detail and filed as followsl (1) If the public display is to be conducted In an inoorpuratod city, the application must be flied with the Chief of the Fire Department or the Chief Fire Prevention Officer of the city) (2) If the display is to be conducted outside of the limits of any inoorp• orated city, the application must be presented to the Chief of the Fire Depart. ment or the Chief Fire Prevention Officer of the ca'nty, if the county in which the display is to be conducted has designated any person as Chief of the Fire Department or the Chief Fire Prevention Officer of the countyl (D) If the display is to be conducted in an area which is not within the corporate limits of a city and is not within a county which has designated a Chief of the Fire Department or a Chief Fir► Prevention Officer, the application must be filed with the State Fire Marshal at the State Board of Insurance, Austin, Texas, All such applications must be acoompanted by the requirad fee of Vivo Dollars 05,00) and by surety bond or certificate of insurance required by Section 10 of Article 1725 of the Penal Code of the State of Tuxas, Public Display of Fireworks 1, Such display must be conducted in accordance with all local regulations and in accordance with conditions prescribed by the officer granting the application and vhall not exceed two (2) hours In duration, 2. Spectators at public displays of fireworks shall be restrained behind Linea or barriers not lees than one hundred (100) feet from the point at which the fireworks are dlschargod, unless the officer making the investigation designates a greater distance as a condition of the approval of the appli• cation, Commissioner's Order Page Two 3. Any permit %$$ued for publfe display of fireworks sht.ll bn conditional upon the existence of favorable weather conditions at tho time of the proposed display. Nu public display of fireworks shall be hold it the wind velocity or existing weather conditions will affoct or alter the trajectory or stability of any of the fireworks to be usai in such display. 4. During the display, at toast two soda acid (of at least 4.1/2 gallon ca- pacity each) or other approved class A typo fire uxtioguishern or charg. ed garden hoses connected to a water line which provides a continuous supply of water at not loss than thirty (30) pounds pressure, shall be kept at as widely separated points as possible within the area in which the fireworks are being dischargod. 6, During the display of fireworks, all fireworks not placed in position for discharge must be stored at least one hundrud (100) foot from the point of discharge of the fireworks unless the permit granted provides other. wise, and must be covered by a firvnrouf tarpaulin or comparable ma. tortat, The officer granting the permit may allow fireworks to be stored closer than one hundred (100) taut if he finds that such will not be hazard. ous to property or dangorous to parsons, 6. Prior to and following a display of fireworks, all fireworks mu,+t be stored under looking facilities, and must ;+u stored so that they will be protected from the rays of the sun, heat, and moisture. Such place of storage shall be liberally posted wilh signs containing the words "Fire. works • No Smoking" in letters not lose than four (4) inches high. During the course of the display, ail fireworks shall be stored so that they will not be accessible to the public nor closer than one hundred (100) feet to the spectators, 7. Fireworks at a display must be discharged in strict accordance with directions and specifications of the manufacturer, 8. No public display of fireworks shall be held within six hundred (600) feet of any church, hospital, asylum or school, 9. At a public display of fireworks, no fireworks articles or items shall be permitted to cross over or buret above the spectator area or any build. ing or any public right of way open to use during such display, I Qualifications of Operator Handling or Supervising Public Display of Fireworks 1. The operator in charge of the public display of fireworks shall; (a) Be responsible for and have charge of the display with respect to transporting, unloading, storing, preparing and setting off all fireworks, and the firing and disposing of all unfired or defective (dud) fireworks articles or items; (b) Set all fireworks articles or items at locations designated by the authority having jurisdiction ar,d take into account wind direction and velocity predicted for the firing time in setting the firing angle so that fireworks articles or items shall not be permitted to cross or burst above the spectator area, any building, or any public right of way open to use during such display; Gommisrluttor'r Order Page Three (c) Do held responsible for acts of all persons employed in eonnec- t1on with all fireworks articles or items for the display, Z, If Class A fireworks are to bu included in the public display, the person handllnil or supervising tho display shall be an oxpertuitced pyrotechnic uporatur who has assisted in not logs than throe (1) public displays in. vulving C1aes A fireworks or who has had a minimum of ono (l) year's exporiunce in the Armed Servicog of the United State, in which capacity he was rusponsible for the handling of explosives aitd shells of higher calibar than pistol and rUlu ammunition, 1. It no Claw A fireworks are to be included in whole or in part in such (lie play, the person handling or supervising} the display must be a competent adult person, Weather Conditions In the event that weathor conditions are unfavorable for the holding of a public display for which a permit has been granted, such permit may be oxtended to a future date suitable to the applicant, if approved by the officer originally ap- proving the application. Permits Any permit granted for public display of fireworks shall be conditional upon such display being conducted in accordanco with the plan presented in the ap- plication for permit and in accordance with local regulations and in accordance with the provisions of We Order and in accordance with conditions preshribed by the officer granting the application, The violation of any such condition shall operate as an immediate susponsion of such permit, This Order supersedes Commissioner of Insurance's Official Order No. 1227, dated March 15, 1958, , WILLIAM A, HARRLSON COMMISSIONER OF INSURANCE Prepared byt CLAY COTTENJ- Legal Counsel 0/7 4 PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1649 Meeting Date: May 22, 1984 GENERAL INFORMATION Applicants Christopher Bancroft 1621 N. F.lm Denton, TX 76201 Status of Applicants Prospective Developer Requested Actions Change in zoning from single family (SF-7) to the planned development (PD) classification for the following land usess 1. Residential on 4.00 acres at 10.5 units per acre 2. one story retail (maximum 2,400 square feet) 3. Two story restaurant (maximum 6,000 square feet) 4. Offices (maximum of two struc- tures not exceeding 20,000 square feet and three stories each) Purpose: Development Location and Sizes Approximately 6.74 acres beginning at the southwest corner of Highway 377 and Collins Street Existing Land Uses Abandoned residence, burned struc- ture, single family residential, vacant (Case Y Z-1649) Page Two GENERAL INFORMATION (Continued) Surrounding Land Use and Zoningi North - Single family residential, Dayton Tire Store, multi-familyt SF-7 South - Commercial strips C East - Fort Worth Drive, commercial stripy C West - single family residential) SF-7 Denton Development Guider Area is designated as low intensity. SPECIAL INFORMATION Physical Characteristics: This site slopes upward substantially towards the west. Occupied, abandon- ed and burned residential structures exist on a portion of the 6.74 acres. Vegetation consists of trees, grass, brush and weeds. Transportation: Collins and Cleveland Streets are both substandard residential streets subject to perimeter street paving requirements. This development will obviously impact existing public streets if approved and built as proposed. The developer is auto- matically responsible for improving half of unimproved perimeter streets along the entire frontage of the tract in question (adequate right- of-way dedication and 17 feet of pavement, curb and gutter). The Planning and Zoning Commission and City Council have the authority to require off-site improvements as a condition of approval of planned developments. One of the Planning and Zoning Commission recommendations is that the developer improve both sides of Collins Street from Fort Worth Drive to Cleveland. The (Case #x-1649) Page Three SPECIAL INFORMATION (Continued) Tran'sportationi developer is proposing a two stage project and the condition for streets allows improvements to be made in phases as well. Fort Worth Drive is not subject to perimeter street paving requirements. Traffic: The City transportation engineer 'has reported that all affected streets have adequate capacity to serve the proposed development. When specifi- cally asked about possible stacking problems at the intersection of Ft. Worth Drive and Collins, the response was that any stacking problems would affect the flow of traffic in front of the development itself as opposed to the flow of traffic on Fort Worth Drive. No access to the proposed development is planned from Fort Worth Drive. A single driveway on Collins is shown to serve the proposed retail/office/ restaurant portion of this request. No plans for access to the residen- tial portion of the request are shown. Staff has no problem with access as proposed at this stage. Drainages Runoff factors will exceed those of the master drainage plan according to Engineering Department comments in attached Development Review Committee minutes. Most of the drainage will be carried on Fort Worth Drive. A detailed drainage study and accept- able facilities must be submitted and planned during the platting stage. Specific questions about drainage have been raised in a couple of reply forms returned to staff. (Case #Z-1649) Page FDur SPECIAL INFORMATION (Continued) Public Utilitiest Adequate electrical, gas, telephone and cable T.V. services are in place or available for extension to this site. Please refer to attached Development Review Committee minutes for detailed comments on the status of water and sewer facilities, capabilities and requirements. LAND USE INTENSITY/DENSITY ANALYSIS Intensity is the key to policies governing land development in the City of Denton and it is the key factor in this request au well. The importance of the intensity factor varies and is not always emphasized by staff but it is crucial to remember that intensity is concerned with defined planning areas, neighbor- hoods or the community at large as opposed to the specific site of a development proposal or change in zoning request. Indivi- dual site planning questions and specific features of incre- mental development prorosals are obviously considered when seeking to comply with development objectives such as protec- tion of older neighborhoods and adjacent residences. This request is a glaring example of a proposal that is positive and full of promise from a site specific and incremental standpoint, but is not satisfactory from a comprehensive, overall intensity standpoint. A detailed intensity analysis based on both existing land use and existing zoning will follow. The conclusion of the intensity analysis is the total intensity standard for this neighborhood or study area will be violated if the proposed development is approved. The standard would be violated utilizing both existing land use and existing zoning (if undeveloped land was developed under existing zoning, the intensity standard would be violated without approval of this request.) The petitioner has expressed what appears to be a genuine desire to develop the site. Preliminary staff review and discussions began several months ago and many technical problems have been solved in a conceptual sense. However, the fundamental problem with intensity was not resolved. The petitioner has indicated that it is not economically feasible to reduce the amount of intensity/density in the proposal to a level within the (Case #Z-1649) Page Five LAND USE INTENSITY/DENSITY ANALYSIS (Continued) area standard and still come away with an economically viable project. The petitioner also conferred with staff extensively in an attempt to better understand the intensity issue and explore methods of overcoming a negative intensity rating. The three (3) alternatives discussed weres 1) Urge the Planning and Zoning Commission and City Council to change the intensity policy and standard for this area (designating it as a higher activity or intensity center as part of the annual Development Guide update procedure or during an incremental zoning pro- cess h 2) Purchase development rights from owners of property with existing high intensity zonings and 3) Convince the Planning and Zoning Commission and City Council to ignore the importance of intensity and the comprehensive impact of this proposal. The most subjective element of the intensity study process is the much discussed question of "where the blobs are", or more succinctly, how are the boundaries of a study area defined? In this case the developer requested to have his proposal included in a nearby moderate intensity node as opposed to the 128 acre low intensity area defined by staff. The question of how the intensity boundaries are determined is addressed in attachment #34. Staff did not analyze intensity of this proposal based on moderate standards. If it were done it is felt that this devel- opment would exceed the standard by a greater margin given the amount of existing commercial, retail and other high intensity land uses and zoning in the nearby moderate area. The Planning and Zoning Commission considered the intensity question very carefully during its public hearing. But, after weighing the pros and cons of this proposal, there was a con- sensus that the negative intensity factor should not outweigh the positive aspects of the request. CONCEPT PLAN ANALYSIS The concept plan for zoning is not detailed to the point that it defines exact building locations, specific type of residential structures, type of screening, architectural treatment, recrea- tional facilities and open space, setbacks and access for the residential section. Detailed and specific site plan approval is a standard requirement for planned developments of this type and staff feels that the current concept plan provides enough information on which to base a decision on the proposed planned development (PD) zoning. (Case #Z-1649) page six CONCEPT PLAN ANALYSIS (C,>ntinued) The idea of defining maximum density for the residential section and approving the type of housing at a later date tas been uti- lized in previous planned developments. The proposed 10.5 unit per acre maximum is considered top of the scale, moderate density ho~lsing. Staff is of the opinion that the density should be reduced slightly (S unit per a~-re range is prefer- able.) The petitioner has indicated that more details on the residential section may be available at the meeting. Staff envisions some variation of a duplex, fourplex or townhouse theme. The residential section is planned for the latter stages of development. The residential land use should not be overlooked when analyzing the office/retail and restaurant portion of this request. Buffering, neighborhood integrity and other site planning issues are as important to the housing section as they are to the high intensity section. Also, it is extemely important to insure that some housing is provided before the higher intensity land uses fully develop if this request is approved. Office/retail and restaurant use at this site with high visi- bility potential should be tastefully done and utilize as many natural amenities as possible. Detailed plans showing archi- tecture, landscaping, screening, height of structures and signage should be scrutinized as much as possible. The peti- tioner is aware of the need for future strict review of development plans for this site. Conceptual plans for access are acceptable. The parking area may need to be looked at further during review of detailed site plans if the petition is approved. (Case NZ-1649) page seven RECOMMENDATION Fby e planning and zoning Commission recommends approval of z_1649 { a vote of 6-0 with the following conditions: 1. Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street shall be im- proved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter etreet requirements. Street improvements may occur in phases or as development occurs. 2. If a minimum 25 percent of total development is not com- pleted backzoning f to e its ) pryears evious h SF-7 parcel classification~,nsidered for ALTERNATIVES FA3. Approve petition with conditions Approve petition without conditions on and modify corresponding Development Guide Approve petitio intensity policies f n . Deny petition 5. Negotiate with developer and modify petition 6. Table for future consideration ~ ATTACHMENTS 1. Aerial 2. PD concept plan 3. Zoning information provided by developer 4. IntensKty information concerning definition of study area boundaries December 6, 1983 5. Development Review Committee minutes of De 6. Reply form totals 7. Property owner list 8. Planning and Zoning Commission minutes of April 25, 1984 0192s ;j., r V► ~ T ~ ri U " V e i ~a r4 . ♦ ~ a 1 a -w • o ` 1 f a f I ♦ r ~ ' a jr r. ♦p, ~ ' T t r. f~ r a a C i , Ila M01t~ I Ir<tN ItIIfP n cut.* 1 f" r I (oI~ f~11M. / I 1 fir 1 ; 11 /il•Mt IMt'M0 latfl NM M 4" At 7n.t1~ L I OW, ~•ItIM 4w 0 1 fl►ttl'll NMM+WI' F1 tall a- 1«e' t y+ ~1f ' - tlISA~t Nr Nql Mtr. awllp IM"" Yllttt I / tb4t 'V 4 IPaf r . r V d I ~ro T f+O II 11 TI'~~-...rte ~ I ' I NN.! SIMtV[Y A ~ 121 E 4 t I I 1 1119 I ~ ~ MI Kt rll fl~+lt sl 11~ie. Mtt1A0~11fM tl llµ lU { ti rrrr7 ~ll.l..hl I ~ 1 Ilf, w YI.M w. .ll 1111 H Lill, I 044cp JJ~~//f ►H f 441E Pt I T-. • It sI I~1C~( ill I ' J .41 MNI, 110 MwM+li 1 ;I r~..ll ill. %h 1 4 Aft VIM 00 PROPOSED DEVELOPMENT Dates Match 9, 1984 LOCATION: southwest corner of Highway 377 (Ft. Worth Drive) and Collins Street ZONING _CHANGE CHANGE REQUEST' From Single Family Seven (SF-7) to Planned Developme't (P.D.) on approximately 8.8 acres at this location. PETIONEERs Christopher Bancroft operations, 1621 N. Elm, Denton, Texas 76202. DESCRIPTION OF PROPOSED DEVELOPMENTi PRASE I: On 4.9 acres bounded on the saot by Highway 377,bouneed on secting the north by Collins Street, bounded on the west by a the total tract from north to south and on the south by the nat- ural extension of Greenlee Street from Bernard Street to Hio'away 377, a 150 seat restaurant with attached specialty two Iuwii- storied office buildings of 20,000 square Phase l be completed in three stages beginning late Construction one`hestau- rant construction and general landscaping. first office structure will begin early in 1985 with the second to follow when all space in the first has been leased. Phase I is scheduled for completion in late 1986. PTLASE Its On approximately 3.9 acres bounded on the east by the bisecting North-South line, on the south by the Greenlee Street extension, on the west by Cleveland Street and on the North by Colllin42Street, a moderate density residential development consisting of Individual attached units (14.5 units per groups. These) condominiums Styleounitadwill be units in three major g group iced market. Construction offered for lease, in the low to medium pr will begin in 1986 and will proceed in three stages. As each cluster of 14 units is completed and 800 leased, the next will be started. Scheduled completion is late 1967. GENERAL COMMENTSt The site is located at a major southern entrance to Denton. The general area is unsightly in that much of the vacant land is unkept and some of the buildings have been allowed to slip into disrepair. l.AnTadjacentitoinhas re- cently been labeled a Blighted Area by the 377 is vacant and over- of revitalization. The actual site fronting Highway grown. There are two houses which have burned recentlylne completelyuand the other gutted. The site is being used as a dumping ground concerned about the rights of others. The site fronting Cleveland has three houses occupied by their owners b377 tin lotsisalong the street are also commercial, overgrown. Zoning along Highway Due to the high volume of traffic on this street, the surrounding zoning, the topography of the site, and the current value of this property, it is unlikely that any developer would or could risk building single family homes on th site. The proposed development offers a use which will enhanceithe beauty of the property and the rest of the street, buffer the existing from the proposed commercial Phase 20 and offers a use which is in line with the city's development guide discouraging strip commercial development in this area, but allows commercial progress. The granting of the requested zoning change will provide an incentive to other owners in the immediate area to clean up their properties, encourage other developers to seek multi use development designs which enhance a chosen area, increase tax revenues to the city and begin ravitilation at one of the city's entrances. Zoning Cosoo No: 2-1649 Datel - - 4 Eagle - Carroll - Greenlee Neighborhood Proposed Developpment Intensity Study Area 026 - Alexander V11 SY.. A-623 1. To check the intensity of this proposed development: Compare vacant land in area with proposed development and calculate the intensity of proposed development. A. LAND USE 128.,00 Total Acreage of neighborhood 68.73 Acreage of existing land use - 17.68 Acreage of proposed development 41.59 Acreage of retraining vacant land B. INTENSITY GENEpATION OF PROPOSED LAND USE PLAN ' Land Use Trips/Day Townhouses - 42 units x 10 ~d/u 420.00 Office - 36,000 sq. ft. - 1000 sq.xl5 td 540.00 Ret/Comm - 12,400 sq. ft. - 1000 sq.x60 td* 744.00 TOTAL INTENSITY 1,704.00 td C. INTENSITY ALLOCATION BASED ON EXISTING LAND USE 9,600.00 Total intensity standard for neighborhood 6,959.00 Minus intensity currently used - 1,248.00 Minus intensity development right reserve - 11704.00 Minus intensity of proposed development - 311.00 Amount of unallocated intensity NOTE: If current zoning on the 41.59 ac. Is considered, the intensity standard is exceeded even more, Therefore, if this development is to be approved, staff recommends that a cor- responding amount of current vacant land be down-zoned in order to keep the intensity of the neighborhood within the currently adopted Intensity Standards. Refer to Intensity Study Area k26 for additional neighborhood descriptions. 0275g P ,s. INTENSITY AREA 026 Avenue A - Eagle - Carroll - Ft, Worth Drive - Greenlee Neighborhood 1. Study Boundaries This is a low intensity neighborhood of 128 acres bounded by Avenue A on the west; Eagle Drive on the north; Carroll Boulevard and Fort Worth Urive (excluding commercial) on the east; and Greenlee Street on the south, These boundaries were chosen because they enclose an older Single Family neighborhood which has been opened to apartment development. This neighborhood has a socio-economic and physical land use interdependence, thus forming a land use planning area. The intensity standard for a low intensity neighborhood is 75 trips per day per gross acre. II. Evaluation of Neighborhood Intensity Based on Existing Land Use Step One: Calculate the approximate area acreage from the concept Plan. This neighborhood is ± 128 acres, Step Two: Calculate the total area trips per day. 128 ac X 75 tpd/ac- 91600 intensity standard. Step Three: Estimate existing land use in gross acreage and calculate current trip generation in area: ACREAGE TRIPS/DAY 47.77 ac. S.F. X 34 td/ac 1,624.18 .97 ac. Dup./4-Plex X 100 td/ac = 97.00 15.49 ac. M.F. X 200 td/ac 3,098.00 3.11 ac. Ret./Com. X 650 td/ac = 2,021.50 1.39 ac. Ist./Churches_X 85 td/ac = 118.15 TOTALS 68.73 ac. 60958.83 td Step Four: Estimate vacant land in area and calculate minimum development right reserve allocated for undeveloped land: INTENSITY 128.00 ac Total acreage of neighborhood 68.73 ac Acres of existing use land 9. ac Acres of remaining vacant land X 30 Trips per day; minimum development right reserve 1,778.10 td/ac Trips per day; intensity development right reserve r f Intensity Area 026 Page Two Step Five: Estimate unallocated intensity capacity in total study area: INTENSITY 9,600.00 td Total intensity standard for area (taken from Step Two) - 61959.00 td Minus intensity currently used in area (taken from Step Three) . 1,718.00 td Minus intensity development right reserve (taken from Step Four) 863.00 td Amount of unallocated intensity Step Six: To check the intensity of a proposed development: Calculate,the trip generation of the proposed development and compare to Step Five. If less than the balance of Step Five, then the proposed development is within intensity policy juidelines. III. Evaluation of Neighborhood Intensity Based on Existing Zoning Step One: Calculate the approximate area acreage from the Concept Plan. This neighborhood is ± 128 acres. Step Two: Calculate the total area trips per day,, 128 ac X 75 tpd/ac = 9,600 intensity standard. Step Three: Estimate existing land use in gross acreage and calculate current trip generation in area: ACREAGE TRIPS/DAY 47.77 ac. S.F. X 34 td/ac = 1,624.18 .97 ac. Dup./4-Plex X 100 td/ac m 97.00 15.49 ac. M.F. X 200 td/ac = 3,098.00 3.11 ac. Ret./Com. X 650 td/ac - 21021.50 1.39 ac. Ist./Churches X 85 td/ac = 118.15 TOTALS 68.73'ac. 6,958.83 td Step Four: Estimate current zoned land in area and calculate the intensity of current zoning on vacant land: LAND USE 128.00 Total acreage of neighborhood - 68.73 Acreage of existing use land 59.27 Acreage: of remaining vacant land Intensity Area 026 Pago Three CU,RRENT ZONING INTENSITY ON VACANT LAND ACREAGE TRIPS/PAY 47.84 ac. S,F, X 34 td/ac = 1,626,56 10.69 ac. M.F, X 200 td/ac 2,138.00 .74 ac. Retail X 650 td/ac y 481.00 59.27 ac. 41245.56 Step Five: Estimate unallocated intensity capacity in study area: INTENSITY 9,600.00 Total intensity standard for area (taken from Step Two) - 6,958.83 Minus intensity currently used in area (taken from Step Three) - 4,245.56 Minus intensity on vacant zoned land (taken from Step Four) 1,604,39 Amount of unallocated intensity based on current zoning on vacant land The amount of unallocated intensity based on current zoning in this neighborhood study area exceeds the total intensity standard. Step Six: To check the intensity of a proposed developme-nt: Calculate the trip generation of the proposed development and compare to Step Five. If less than the balance of Step Five (after zoning changes), then the proposed development is within intensity policy guidelines. I 0275g Q1 {1+1111 .,~i Ell l T•r~] ~ Ir ~ ; ~ ~ ' '111 ' 1 I ~ ~ / '1~ ` 11 IV Y'~YMY~Y'ry 1. . 1... 1 INTENSITY STUDY hRNA f a ' 1~ r -i~z ! eQ 1 1D•S1 1111 -1 1 j 11'x' S li.l~ 1 r , ,5`1'x'• 1- :.:.T" .J e~14 Iy~I ♦yI I{~i .11 ~ fl ~ I+f Q.~ 11.1 .1 .rL'r~irV i.Y~ I~1 ~ , ~1. ~~1 I 1.. 11,1 ` 11 - L.L l~ ~1~r~ I. I I 1 ~ ~ UN , ~ L 1 I 1 1 p l ~r S•167 C S F - , I r. SF-16 t-SF-,. iI l I Minutes Develoe meat Review Committee December 6, 1983 DRC Members Present: Robbie Baughman, Jerry Clark, Jackie Doyle, David Ellison Tim Fisher, Bob Hageman, Wayne Horsley, Ken Lambe~rson, Don McLaughlin, Pablo Rubio, Denise Spivey, and Tommy Stone Developer Present: Christopher Bancroft II. Review of Pre-Design Conference at Moore and Carroll Blvd. A. Engineering 1. Perimeter street paving on Collins and Cleveland. 2. Runoff factors will exceed those of Master Drainage Plan. Drainage study will be required. Drainage should be handled mostly on U.S. 377. 3. How much acreage is involved in the proposed devel- opment.? B. Water and Sewer 1. Existing utilities on Cleveland St. (6" water and 6" sewer) are adequate to serve the proposed medium to low density housing. Existing utilities on Collins St. (18" water and 8" sewer) are adequate to serve this development. 2. Fire protection could be provided by looping an 8" waterline through the development from the 18" line along the west side of Hwy. 377. 3. Existing utilities on Moore St. (1" water and 6" sewer) may not be adequate to serve this development. Suggest abandoning the I" water and use the existing stub out on Collins St, as starting point of an inter- nal waterline to be looped to 18" waterline on Hwy. j 377. This water should also cross frontage on the proposed collector street to the south of the property. 4. The profile of the 6" sewerlIne on Moore St. Is not known and may not be sufficient in depth or capacity to serve the development. Best solution would be to extend a 8" sewer from Collins St. through the center of this property along the proposed private drive. 5. Collins and Cleveland sewerlines bottleneck to a 6" line on Cleveland from Collins to Eagle Dr. 1 Minutes Development Review Committee Moore and Carroll Blvd, December 6, 1933 Page 2 C. Electric 1, Electric service available from Collins St, 2, City of Denton General Requiremonts will apply if service is underground. 3. If overhead line is to be built on property, a 161 easement will be needed along west property line. D. Building Inspection No comment. E. Transportation Engineering 1. Please provide long and short range concept plans for restaurant, shops, and offices. 2. Please show how many units per acre and square footage ion plan. F. Fire No problems at this point. G. Parks and Recreation No representative from this department was present. H. Lone Star Gas Service is available from 2" main on Cleveland. I. G.T.E. Service will be provided. J. Cox Cable Service will be provided. K. Planning and Community Development 1. This plan may violate area density/intensity standard. 2. A Denton Development Guide policy requires protection of older existing neighborhoods. Proposed development may violate this policy. I Minutes ' y Development Review Committee Moore and Carroll Blvd. December 6, 1983 Page 3 3. The proposed development would impact low density res- idential streets with commercial traffic which also violates Development Guide policies. 4. Please consult with Planning Department to design development. III i 0010a ab/647,8 ' VAIN, Y . r_- AKW7 ai'21lS~. ~ w. ' 4r~^ ~ti ' w •r~~J' .i .Ib-"~'. ~'yrS i..+, ' ~ ~ Ohl PROPERTY OWNER`REPLY FORMS * ` , r CITY COUNCIL S IN FAVOR IN OPPOSITION UNDECIDED i aomi Tally None Received 3 ;1211 Cleveland Detlton, Texas .1A Peckham. !r '!Route 2, Box 317 Argyle, Texas Susan Touchstone- and Phillip Kay 1219 Cleveland Denton, Texas G. W, Smith Estate Box 122 Frisco, Texas ZAe Martin 417 Fort Worth Drive Denton, Texas N, F. Goncaster 510 Fort Worth Drive Denton, Texas Ben L. Smith, Jr. 11519 Rosser Road Dallas, Texas 75229 I Georgia R. Ferrell James C. Ferrell 1117 Cleveland Denton, Texas Ronald Bybee 405 Fort Worth Drive Denton, Texas 76201 w LA C~ I J I , i ~j1C +~o\\t +~S ' So o's J a a a J{"'i" r"•za £,a \I W W r I~y~;N'S'1 37~. {rsi N _ kf4 t'>p ~ ,•4 K i 4~~ ~ ~ ~ ~ Y ~ "r I;, i' ` 1'T ~ (r ' 1c~'r , ,t i ~1'~. owl ~ r 1 , ' ' lf~a ~+'i ~ ' .Y ~ i.7 ~5• i J ~r.Y.~ ~:i~ t ~ i r l f •a" J ~.lJV.U,.~.~il..w.lr uK n~`{Uti~s.iiRr~+~M~.~'4SL~ya ~jy ' Jiefa ~ ~r~ .JI. K WW:+. it NIM'afc 4rt.. .L. ``~J 1, a ` ~~7 r i1r~ I ~ ll1 y I Ia is a 'n d , 15,E 1. rp lY, iS r ~Y +ia' w . ft yl~yy i d yidr Yl l!'M:♦ +~~li ry l~ 7. 1 !y~,I1~. ry ~1 I ~]rLk~wro{I~ ~~`'h~ lille+w •I~~~,I'rt 1 {}if%".,i'.N'~Y~ef''i-•~•fT~~~ti'3'1 A~~F! 1 ~i.1rti ,11'~ \ h1'•'ffT'xtl: J i!L*. Mr~~+~ ~iri., t lr.~v,v r•1. 1',Y. i e ~ rr~1i~ 1 ~r :1 /I~l, 1 ~Y L,1 t1. +1 ~r i1{ I '1. I. + A .r. y}4y i~ I,,rA f• ~.~I. ~Ir Ir 1 , :1,+11 1' l: I. I1P . ro, l - J j 1 f Y {Y S' 1 7 t ti 1 r r*,L~"lf't" 1 'I ,5+74'` 1 ] 1 a .r r a .t ' 1 w 1 ~ '1`' e~ r r I r I t I C r 4 1 t K ♦f 11k7,~~ g7, etI r s., r't S ii i 1_: FIF ~l I jt .i 1CSi 1 'jl l~l x ~4 1Il ~ I' f, ~ ~ I i..ti 1. ~ •'1 1 r,h ,114 .l'i I r•.~ ,1, 1. ,.l r. •w.4 b. r...iv.,uru.un A(., ~.y .ra9t,•Lu.:SIHt. >,..~al.:>>, nu r .~v~ ,t i,r.. r li `1 ` 1 ~.d \ l , I l`, \ V 1 ~ -_~!\.1..-•---^-111 ~ k QAey i ~~'~i Gc~~Jt jW)1~~ „ cl l e ~ kk , 11 I I- T7, 777 t 77 11 I~ 1 u•. '071 `f" n _v J k~'vtV ♦ ii~'w vvi% 1~ ;14 Ff~~l ~ it q:..w ~ ~ Nl ~I il~ Ili ' } ~ A v ~ 71 ~i1f ♦ ! H~ J ; J l C r' t y y. .~J 1 11 .I E i~. I a5i I Y~'. .tai y, T. I \ ~ ~ t`l~~, r•' ~ i ~t,//~~~~]]~~ ~ 1~`rAl, y~4~,;, ii. ~•~TV.t t r ,i:, sA~ ~'~4:LLV'N~\, lLU?,y r n ~ ~ 1 i . ~ 1 r2,p' , a Y•A~2i a n 1 . 1 ~ 1. r 1 { ' ^nrY'1 ~ 'r. ~ !A~~ ~.i5~~}'G l1'vC ~ _ \ 7~ YI~'f. Yn• _1!\Y ~ 1171 '~T~`il. A. is,rI the p etition ~ ofl Christopher Bancroft y re {ue~s g f oha{~ge Yn° xonin dram, single 'amily (SF aru►ed , nQYe~le 1►' a ~g .some t' gat tpprota` '7'aor•trac, begitiz} ` rri~r A3gkiwa~ya? 7,7, aisd,~Ca3 ins'S#~reat w m=ap raved►~ ;.14 ' `,.;_'the lannedt*~ ev~lc~~men ° t'PD~ Gila permit ie following ' r , t. Iv #~fw: ~i .,3 r S'ir ~ Y~r jy~,,,,., ~ it ~ +~S2se82 i 1 1. Residential,land use on 4d 00 acres at '1`0... units par";'acre "r 2. A single story.2,4'00 -square foot retai,L site. - 3. A two story 6,000:square:foot restaurant. 4. Maximum of two (2) office sites ~r. (not exceeding 20,000 square feet each and not exceed~ng three (34 st/ories). Dir. Ellison$44 th8 reply forms were mailed to property owners within 200 feet; five reply 'forms were returned in favor and one in opposition and that staff would reserve comments until later. Christopher Bancroft, 1621 N. Elm, sta e$ he ha~lived in Denton since 1974 and his reQuest vW6to change zoning from single family (SF-7) to planned development (PD) on approximately 8.74 acres wit,, located at the southwest corner of 377 (Fort Worth Drive) and Collins Street and is in - strict #26. The general o0 an of the property is poor; there are two burned out houses and has been recently used as a dui ground since closing of the city dump and there have been several accounts of theft and robbery, The site is surrounded by commercial zoning-and is in serious need of revital- zatien'.l Phase I will bo n 150 seat res&rant with frontage along X77 and an attached wing for speciality shopsW The res£urant will be a sit down resturant with seafood as its speciality. The cost for lunch will be approximately $4-8 and approximately $6-15 for supper. The property will be landscaped for pleasant,view and shrubs and fencing will serve as sheilds from the proposed residential area -1r _T'ec_proposgLd j4eM ' ~ 'z,1'' ~e2.Od.t4be~ ~l$4 . • µ ~f- ~l-Gf.c~✓ ~ ~ ~ , Phase TI is proposed as towrcnome ttx esi.x and Ar- -7 plexes with leasing in the low'~p'ric~f .''Expected date to start Phase Il is 1986. Bufferi;ig will betiz_lar provided bet~%teen single family homes t four-plexes' feels the proposed site will provide revitJilizati.on t for this area of town and is t2~e logical solution to the current zoning probleM 4 eel:;,development to this property will improve the surrounding low'*i ome\neigh- borhood and will beautify the entrance to city. 1 itiined'a ' ~o ~ ~i~ e` iosad' pYoper e, <.,b " A' Td"Yucca Mate and'"has ,ownod°i.t for -five:" are . R r e stated .he feels..hel~area.,;is an importai}A„ona. " a JOO 'd ,morve : ap ei i~ tp AtZler'taA S?p eri+ • "61~ i xh f r ' 'ice Q Yr d vemfq t V a3 0 $O"e Cry 4 aI}tl lAt 0d + r A d 'lat w ` . Ott' ~n ~e'area is lord' ea,,'and in; de 'pexate ee of""improv"in ari he' wil d :like to 'see 'iToprove- me is made "as s.'Bancroft suggested.- He dwould 'like to improve his own property but doesn't feel "`in :the current condition of the neighborhood he s would be'inclined to put money into an area that - is run down. Mr. Ellison described the surrounding land use and zoning and stated the aXMXXXXXRI(IXxmXx ItxxxI= boundary area as defined by the sta etudy ~ low intensity. He described the terms of physical characteristics saying the site slopes upward towards the west; 4kexsxixxxxgxwxk daxtxmlxtxnezxxaxxxxsxkxxxkxxxdx and that vegeta- co silts QL trees, grass, brush and weeds and ~ff agrees the area is in poor conditions how- ever, zoning and redeveloping should not mean code enforcement would not be enforced. He explains that Collins and Cleveland Streets are both substandard residential streets subject to peri- meter street paving requirements and tisiz develop- ment will obviously impact existing public streets s approved and built as proposed. He states the developer is automatically responsible for improving half of unimproved perimeter streets al-ng the entire frontage of the tract in question (adequate right-of-way dedication and 17 feet of pavement, :urb and gutter). He states further that it is not a normal recommendation of the staff~to improve both sides of the perimeter street; however,,i•t is recommended that a section of Collins not included in this re- quest be improved as part of this development if the change in zoning is approved. Fort Worth Drive is not subject to perimeter street paving requirements, Ellison states Fort Worth Drive is adequate to pr_-posal - Mr-=;._EM son commented=~. a•t- Ao access to the proposed development is planned from Fort Worth Drive and that the fire department forsees no problem for adequate safety access. r + S t. e i 2 ~~iY ~ ~ 1r 4 y~ r~ I1 A Q i 1 Y,(.~t~`{/!1 • M/W• 'I~QVeJ. mWF A 1_4~bii~ ,.(~w~~'!~~ T:~{t'.'{'A + is`not:;.Always emphasi.zed.by.:.staff but,..it is crucial !f`J Ye(. L that ihtens' ty"is concerned with defined lanping ASS 1}~C1ibQ}}}OOdB,~A~,OlGtpuIityr at1i}I.g~ • P^ ► ` ~s;_qp 1 to' ths~ spaeoi ia4 sitR at aGdsv0140 pt POW a ropoii'r 'range pn ec 'tuestii4.~`hestandard' u1 .r "use ;and: tl~nd xit pct fndevel" 'e, "land was'`eveloped co p In ans3ty staridar& would b - r Y. . ~ 4be ~i t ~wi hout 'app royal; of this request i.)' Ile ° 7-7, A { ow.antensity should .,have emphasis on ~statethat ,1 ; elopmeh . , , . ;_,xesidential dev b question "from the 'Chairm'anMr. Ellison answered the proposal violates the intensity standards by 879 vehicle trips per day. d4 on question from Mr. Sidor, Mr. Ellison explained four (4) residential units per acre oould.be de- veloped on proposed site. A1r. Ellison explained most of the drainage will be carried on Fort Worth Drive. Based-on needs resulting from..staff study, a detailed drainage study and acceptable facilities can be submitted and planned during the platting stage. He also stated that adequate electrical, gas, telephone and cable T.V. ;services are in place or available for extension to proposed site. In closing, Mr. Ellison stated that detailed and site plan approval is a standard requirement specific :ls for planned developments of this type and staff fe,.- that the current concept plan provides enough informa- tion on which to base a decision on the proposed planned development (PD) zoning. Staff recommends denial of Z-1649 based on the negative intensity factor, but recommends that approval can be made with conditions, approval without conditions, apPirval and modify corresponding Development Guide policies, deny the petition, negotiate with developer and modify petition or table for future consideration. On question from chair, Mr. Ellison explained the existing facilities are not adequate to handle higher intensity of development. Air. Bancroft, in rebuttal,stated he the proposed develop- ment offe~s a use which will enhance the beauty of the property and the rest of the street,?j0ZZ0XYXhXXXX1XXiX}i td~~2~1ft4~fxMti~ and that granting of the proposed zoninn change will provide an incentive to other ownersoin the immediate area to clean up their properties, encourage M ti' op-T 1 a ?"lt: s+e r?EalV®l 1 C ~ke8lgns r t+~{~ghidh e!31hT~Ql a,e , i ~sw~.,r sl. oity, arid, begin revitl~tion. at one othe. city s to the „ w, « I ,,N + , s. ,may entrance Ift Nnt ? • z< , , yvLila + yM;. D a d 1 ,1 i. T rlMz`Sioz"~etat'eY►?hya(}ht'~"t2e" uaiwy}. tl'i aria 77 be handT aode';enfo oeYrient and;requested .t:Y~at . ~m w'•whis~h.^would provide ancbnomiv density,anot be:1owezed7W.. ensity `tha ted d h rj s pr3'ce to°the"land and suggss higher 1 40 A.L. IYryy,+ 1 M V 7 : ~t.y ; 1 C ..'1'. : i. . . Chairman suggested conditions to improve both sides 5 rtria'4~ of Collins as well as one half of Cleveland: improving both sides of r Mr. Olya~ suggested WitaKiKq Collins to Cleveland but added it could be done in phasing as development occurs, Chair declared public hearing closed. Chairman commented that he thought it was a good proposal and that possibly the density was an im- proper consideration when the Development Guide was made. Commissioner Juren also commented.it is a good pro- posal and he thought the city would certainly benefit from this type development. ~g ur n a of 3 on sec nde b I m 1 ~s Im d ~~p ov 1 w of the Mr. Ellison suggested an additional recommendation that property should be developed within five (5) years. Chairman agreed with Mr. Ellison adding that develop- ment should be 25 percent complete with.ini+.five years; Mr, Juren made a motion to approve Z 649 with the following conditions: ! 1. improve both sides of Collins Street across front- age to intersection of Cleveland and Collins Streets which is the western boundary of the property; and the paving of one-half of Cleveland Street from the intersection of Collins Street in a southerly di- rection across the property. Perimeter street road improvements shall be permitted in phases or as development occurs. r 1 x S 4 f4-c V tedl ' tJ .v ,r emu" r sha `1 be corsidered'for'baok zoning to is origna2 ~ +rwww.+a=.u. clas r . ,sifiaation. - . ij?e~fC 3I re eoon ed V~ owe. ote ~waw. al id and ~moti'gn . mr • a a8B~3R1na11321101u "0. ° ~k N- - -41N 4 ,1, ~i~ ~ . }t r• •h~ r `l• W~ ',rQl; .p5t.. y~*Y';Srl " 'f 1 Cry` ~~r' the °petii on' 0t1 Christophez. Laurance 4 lI ♦ ..1 T Y J {N 1 ~r ~l' g,. requestin a change in zonng from agricultural "to the planned development` '(PD) classification fvr _two-family (duplex) land.use on a 5.1 ware tract located adjacent and north of Windsor Drive and south of the new Elementary School adjacent to Evers Park. If approved, the planned development (PD) will permit the construction of twenty-five (25) duplexes (a total of 50 dwelling units). Mr. Ellison explained that two (2) reply forms were mailed to property owners within 200 feet; and.~zero returned. The property is proposed for duplex land use, but development will be condominium style. Mr. Ellison indicated there is some question concerning public or private streets within the development and that his request would be for private streets. He stated the 5.11 acres in this.request is located near a re- cently approved p,lanned1development (PD-36) called the Snider Addition: Staff revietu of the proposed development in this area has been extensive and request for planned (PD) zoning for two-family use 3 consistent with previous approaches to zoning. This is a low intensity area:and the overall intensity/density standard for this area will not be violated if this request is approved. Mr. Ellison stated water and sewer service is adequate; however, developer is required by ordinance to extend water and sewer across the frontage of the property (Windsor Drive).. He further stated,that adequare ele+ctrical, gas and telephone services arelnplace to serve this proposal. Mr. Ellison stated. the Engineering Department has advised the petitioner of t e need to consider detention for the and outflow rate of the existing 10 proposed 25 year s tGn year storm if development is approved. Adequate public. streets are in place. If private internal access is approved, some specific composition and construction s,tandards should be established during the zoning process. PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No,: Z-1652 Meeting Date: May 22, 1984 GENERAL INFORMATION Applicant: Christopher Laurance 3906 Buena Vista Dallas, TX 75209 status of Applicant: Prospective Developer Requested Action: Change in zoning from agricultural (A) to the planned development (PD) classification for two-family (2-F) land use Purpose: Development Location and Size: 5,11 acres located north of Windsor Drive, east of Snider Addition, west of Evers Park and south of Evers Ele- mentary School Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Proposed elementary school; (A) South - Windsor Drive; (A) East - Evers Park; (A) West - Vacant, two-family, multi- family; PD-63 Denton Development Guide: Area is designated as low intensity SPECIAL INFORMATION Public Utilities: Water and sewer service will come from proposed 8" sewer and 6° water lines along the west side of the unnamed school road, The developer is required by ordinance to extend (Case N Z-1652) • Page Two SPECIAL INFOR14ATION (Continued) Public Utilities (Copt,): water and sewer across the frontage of the property (Windsor Drive in this case), Because a city park is located to the east, some considera- tion of the necessity of this ex- tension is being considered by the Utility Department. Adequate electrical, gas and telephone service is in place to serve this proposal or is available for extension. Drainage: The Engineering Department has advised the petitioner of the need to consider detention for the proposed 25 year storm and outflow rate of the existing 10 year storm if the development is approved. Streets: Adequate public streets are in place to serve this site, Internal streets or drives are believed to be pri- vate. Private streets are permitted in planned development (PD) zoning districts. If private internal ac- cess is approved some specific compo- sition and construction standards and/or guidelines should be estab- lished during the zoning process. ANALYSIS This site is located near a re.,,,,nt:;y approved planned developmtent (PD-63) called the Snider Add)~,i:ri. :he Snider Addition is a mixed residential planned dev. 1 0p,!cnf. (total 34.7 acres estab- lishing 104 single family detau:c-I lots, 38 duplex lots and 40 townhouse lots) that has also en)oyed final plat approval within the past six (6) weeks, Windsor Drive improvements, additional streets and other public facilities constructed in conjunction with development of the new elementary school are completed or near completion, City Council, Planning and Zoning Commission, and staff review of proposed development in this area of the city has been extensive during recent months. This request for plan- ned development (PD) zoning for two-family use is compatible with previously approved land uses. (Case RZ- 1652) Pacie Three ANALYSIS (Continued) 'rhe overall intensity/density standard for this area will not be violated if this request is approved, strict site plan control j is available because PD zoning is provided. Sufficient: green space and landscaping is shown on the site plan. A screening fence of unknown composition and height is shown along the pori- metor. Private on-site recreational facilities are provided on the site plan, Traffic planning insures access by a collector street or larger and the number of proposed driveways or en- trances does not violate policies in the subdivision regulation and land development code. Plans for internal access are atyp- ical. The petitioners are requesting private interior streets or driveways. Private streets can he approved in a planned development (PD) zoning district. The overall intent of the developers is to establish a two--family community with a condominium arrangement. The units will be sold and the balance of the property, amenities and community facil- ities, will be common area. Maintenance responsibility will pre- sumably be assumed by a homeowner's association, In similar planned developments, staff has requested that covenants and re- strictions be reviewed during the final platting stage to insure that language clearly relieves the city of future maintenance responsibilities iii those areas espoused as private responsibil- ity during the zoning phase. RECOMMENDATION The Planning and Zoning commission heard opposing remarks from the developer and owner of the Snider Addition during its public hearing, but its decision was to recommend approval of Z-1652 with the following conditions by a vote of 6-0: I 1, With exception of internal streets or access, the proposed land use shall comply with standard zoning ardinance and building code requirements for two-family land use, 2. The development shall conform with approved zoning concept plan. 3. Plat approval consistent with City of Denton Subdivision Regulation and land development Code (with exception of public streets) is required before issuance of building permits; plat approval shall constitute site plan approval. I (Case NZ-1652) Page Four RECOMMENDATION (continued) 4.- A solid 61 fence with masonry pillars and wood composition shall be erected along the north boundary. 5. If a minimum 25% of the housing is not developed within four (4) years, the parcel shall be considered for back zoning to its original classification. ALTE,RNAT1 VE;S 1. Approve petition with conditions. 2. Approve petition without conditions. 3. Approve petition with additional conditions. 4. Negotiate with developer and modify petition to acceptable form. 5. Deny petition. I ATTACHMENTS E 1. Z--1652 site plan 2. Snider Addition site plan 3. Aerial 4. Minutes of Development Review Committee meeting of March 20, 1984 5. Reply form totals 6. Property owner list 7. Planning and Zoning Commission minutes of April 25, 1984. I I c>la~~; a f. !l~R I _ ~fCr r s n Lr' w I fF -i .r`1:,E+_~~ TAUULATIONS I1.1 \ l rr~ i,.1 .:'.11414 ~ 1 ~ A 1114 ~i A may„ 1 fw, YYl P\IU3 II SPl"l! ,L 1 1 ~•b~ IU11h11 llvn'.111'r Vr"pr ,ael l'lI1P //y{~~, ~ p,u., V,Id J Y !1.01 \~qlr I. 1 Wlrl \ ~ rler x EII ~(y 1r'CI:III'fr1/1 J S I p~ ( uL' /0 Y 111N w ~ I 1 ~ 'llr i Lill tI n. [f 11 Y,1 t ri F El 1y I..r,`...1 , I, ....,i.• ,tr y✓ i r.' , '+j~r I • I- '0111,1 I ii~~. l'I ! _^y:..1 1 UNN'.1111 ~1 ACE I -l c e i I. u 'fA ,s PLAN rrloJECE LOCA i ll hlnr SITE - - - -'~E enrrrn ~n•,r., woo" Oro 1 1 t`~ r,,,.. r 4 \be • 1 rL41r«as NvtLawaxl ~1 1 • /t pRr,pt4 NxtILl 14W11 14.N Lli • = -lr r 1 4'tS14f1 r14M'f O/ Wf LN MfVy p►p Mrti LN "AmLh" utum x* 641 r"LL 1441 ' F•~ t '•,r ~ ,1 ti,w ~ LAND U81 OESCRIP'nONSI r WV ACHY NNL4 p&WW-14.1 Lb" rW LYf qLa Wl"W wit w? ko" lka" Gorr. / r/ 1 411KL7t4L' $4 460" wa Low Wa N`x low 4004r~t</'-~ C . f . ~ xua L41 INA 4444 r6Pf, IprWfrt LOT N1tl lLto" xl \\1 pt L o ~ 1111E lot 11104 L410 IQ/t. .ton-4twsnr/lwwtrlavLOr t \ ~ IL'' s LpLa1N. im4a4 now lS51I l1Lt ' ~ / f 1 111.11 ttoA i' ~ ~ rptpr SITE I y CONCEMAL SITE PLAN I' (FOR ZONINO CNANOEI . Y .A LL1 00,0 WIN SOR l rt• f y~ ~VICINITY MAP r i1 ~lr r 1.1 to whiom, ~111` yr YIfY; r S 1~ ~ 1 ~,~1 n~- r ` k r.~ 1 1 I t. 'a4l 4rts ~S I east look 0 IN r i +f S o+q , L -'I r„ ~ ; ♦ i x'17 .w::.G. • u M { d t~'1~.. s ~ ~ t . ~yi ~ { 1 ` Ilk ~'a r,. k?'' „ 1"4 4 t~:r•'~y. i~°i .1 ♦ ~1.,: I n~. rlf~ ~y. ' a 100" ` It t " eta Fr~ 1 J 1{~, ..11~ RS ` 61: ^~„ylhr .b ...a r 1 1 fi 4 W WA 0 MnM ' k Y/ y' 4~p. •j} ~ j~tl' '1f'{' ~ 4'` r~ v°' u17d ♦ +''l . it, 17 ! 1 e'..`~'lm~~l 7~ dii 1 ~6 ''rz,'~ 1 10 f r { 34.'w~:i~'7~ . yr' N., {'"~~•r1 R r J { i ~'~x't 1 ~ ~ ,t c ,6, r L Cot 16 It i~,~. N w r. . a♦I~' 9 p P M' t ~ \ ~ pni. yi ~l t \ n 1 e 1 , Nlwl wary r ~ yy nt, ✓ 1 ri l{NIVB{ISITY ,R , ! w ~'.f~ly' Ai• ✓.hh I! 'h'S~ ~s i ~p• r 1~/ ~ 1 ~~r ~ ~ >r~ r ` ~It Aft ~~r ♦ ,~.1 f At .u r..., YMI, Q+ ~K~ii~~.N.4r N~'k r^♦I Y y, r1 1 ! J 1 ~i 7 x"41 lain nry77 r~:e1y q • 1 1 to LjL Minutes Development Review Committee March 20, 1984 DRC Members Present: Jackie Doyle, David Ellison, Don McLaughlin, Koorosh Olyai, Denise Spivey, Tim Fisher, Bob Hageman, Harlan Jefferson and Pablo Rubio Developer Present: Christopher Laurence Architect Present: Rick Hanness xV. Review of Pre-Design Conference - Duplexes at Windsor A. Engineering Need to consider detention on your site for the proposed 25 year storm and out flow rate of the existing 10 year storm mas. B. Water and Sewer 1. Water, and sewer service will come from proposed 8" sewer and 6" water lines along the west side of the school road. Boring the road for access to these zew utilities will be required. 2. If individual metering is desired, will need public onsite water and sewer utilities located in dedicated street right-of-way or 16' utility easements. 3. Minimum size utilities are 8' sewer and 6' water. 4. Developer is required by ordinance to extend water and sewer across the frontage of the property (Windsor Drive in this case). Since a City park is located to the east, some consideration of the necessity of these extensions may be involved. C. Electric Need 16' easement along east property line. D. Building Inspection Do not see any major problems. E. Transportation Engineering 1. Which street is the eastern roadway? 2. Show dimensions on the driveways for site plan. 3. Increase the size of drives to 241 for two way operation. Minutes Development Review Committee Duplexes at Windsor March 20, 1984 Page 2 4. For spacing of drives, refer to Subdivision Regulations. 5. If the duplexes are to be sold, they should abut public right-of-way - not private drives. F. Fire 1, uniform Fire code of 1976 is applicable, 2. All weather access road must be in before construction starts. 3. Fire hydrants required every 6001. 4. Hydrants and water system must be operational before construction begins. 5. Roadways are a concern at this point. G. Parks and Recreation No representative from this department was present, H. Lone Star Gas No representative from this department was present. I. G.T.E. No representative from this department was present,. J. Cox Cable No representative from this department was present. K. solid Waste service is available and mandatory to this site. L. Planning and Community Development Need revised site plan, and legal description 15 working days in advance of the Planning and Zoning Commission meeting in order to request zoning change. 0010a PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1652 ' IN FAVOR IN OPPOSITION UNDECIDED David Evers Tripp None Received 663+ Chevy Chase x Dallas, 'texas 75225 t. i r ~i ,r.«`'d+~~n 2"~ii ♦ 5 _ ~i 5 i ~ /aS~fi.fW'kA •Y. I Y „r id~r~. M `.1F~,S '~~~~'i^ h'i IX"~t4.~ty~5r- ♦ ~i '?!1{~.. V. -1 P-y'; Li k _ 14 r 1 a 1..' r~1 iG Jv~ . 1 4 tRjA, 'r N ° j~ 'JI ..t1.F#,('. f SiIs~ .~jr},IIM jJ 1 r S~~Q'T j '~r~ 'G .Y.' r Y',J ,1 Ai „ r 1'~ n 3'f~`° l t' 1 tf,,; 1`•.tr/i ~~ly 1 r ,E )~'i• ~ r,A.v rA lir S, r7JE1 f '>a'@Ft f,J~f'' i i\ r . ~ ,r, r5 ,l45 r 7 ~ h ,,~,`i r, !'C`5`'i5i , 1 t+,1r.~`lj'Ff i' tf ~`~;'r r 1 14 •+'1 V~i raj, ~~~L't, l YV AV{y '~i 1t*a,a~M~ ~;a; e M' bhp} U+,h Ttef + s ! tr N.v^ s: + ! .1, t '!v' w, Sa YH~.:, 1 ~ i , a~:r;r sw t ,~A I,Q. 11 V `.y'^~1 ~~`':)t ,fift':h. A w { 1q 1 tFW♦ 0.5 -ylA~l~i. FJ •a`Y 71 y 3~ zni~tmwn ~pf r2S~percent of ,f:heota1,,~svelcpment ` t f, ;f . a, t; ;1• ,ix j-: erns. at~tdorrtpleted~w3thIn !4ve 1'e ray ?thi's , arac~3 .u 5°U ~'71a+r,, lad, ; n 5 , it vS; i r 1 a or'i„bac original" to`lt iiC" shal'1''l~e Gosiered `f'onin s „ x„ rlassif ati.on. J 11 11 7w 1•'1'!r T x IT- d Ap~prova}1'r9eguYre for specific 's'ite' an + 1 , i+ A,l;'. i L, Y.: yr 1,sv 1 t 4 t •a :;i t r .y;r. , vwrJ .rf(F 1:J rt}.r It, MV tSeconc3ed; by,;Ms z'~Cole: 'uote was cane andamotion t t~ , S •c liassed tun'aniritoiis 5 t~: L rr [7r: c'+, S Xr d9 t is fa., . y I , ~9 w A. µ r•. B. .Z '1.652.+ I s is; the'-petition of Christopher. Laurance 'xequestinga change'in zoning from agricultural (A) § ;•t to the planned development (PD) classification for two'f mil' (duplex) land.use on a 5.1 acre tract ~ 'located adjacent and r{orth of Windsor Drive and south of the new Elementary School adjacent to Evers Park. if approved, the planned development _ (PD) will permit the construction of twenty-five (25) duplexes (a total of 50 dwelling units). Mr. Ellison explained that two (2) reply forms were i mailed to property owners within 200 feet; and zero returned. The property is proposed for duplex land use, but development will be condominium style. Mr. Ellison indicated there is some question concerning public or private streets wi:.hin the development and that his request would be for private streets. He stated the 5.11 acres in this request is located near a re- cenriy approved planned development (PD-36) called zhe Snider Addition, Staff review of the proposed development in this area has been extensive and request for planned (PD) zoning for two-family use is consistent with previous approaches to zoning. This is a low intensity area and the overall intensity/density standard for this a---ea will not be violated if this request is approved. Mr. Ellison stated water and sewer service is adequate; however, developer is required by ordinance to extend water and sewer across the frontage of the property (Windsor Drive). He further stated that adequare electrical, gas and telephone services areillplace to serve this pr:>posal. Mr. Ellison stated the Engineering Department has advised the petitioner of t e need to consider detention for the proposed 25 year s and outflow rate of the existing 1 year storm if develo ment is approved. Adequate public streets are in place. If private internal access .s approved, some specific composition and construction standards should be established during the zoning rrocess. r 1 tr~~~ ~ u 1.1 x ~ ~ .ik'i'4JG!t y~~r..~ y{' y flv ~~rl a^i 41. .Nr `~!r{•++.d.^~^I Y^~.r rwi' " ty^I a,![{tar .''C'l~>1 ,.y. ~I 1• I, t.r# tw ~4a,t~•.'!`11.. ~+r! T^l ~R/Lrl'~nd ►'rf.Yn'~IIf~P w'1'rrh- r~ f'ra Ali ~+?`+r,L'~'"t{~ lb j~ ' STtI ~1/}"' f'T ' ^S+ 1 1 ♦ " ^(l r • + • r~7 rR 'r (i ~ 141 f - , ' 1 '1-'' u { r I a 1 w i' I ' N J ` 1 ~ I .F a bnm !ill- = 1 l !F ~I(+4 ~ Y~\,(9t' ,r ll. l . ~,~i1 ~lk J \ •.ll ) f r ~ J n t r Jy r I, a , aL , , ! 5r1• 1 1r < 1 i.T u i.. {.e 'x.~ v, f 1 51xs.2 v 1 { 4 a ..~.Y r.+~,~ ' ~ [ , Itl, t' ~i ',p~- to ar h 7. o x``4111 r ~~y~ P JJ ii ]]Cyyvj"\ dr(S 1~1 'l4 ✓ ~rl r t, a' S, f ~li •1 ~~1! y= N M ~11 ~ a •t~ ' , B, ,l~'d~,:~ tl Y~~` 1{:~ , ip t., I, 1 `1~' 111F1 v? . !f1 "i 1., t " ~l.l Ui.r r,t f. r r L 'SYP [Y' ;TMft k`~f ; fJr.lr,, 1i hz, stop er Laurance,"`'3 '06 Buenas Vista, : 43a1 a I t, E y, tat ed~~t~iata'x'oadways ~cgithin µthe,riclsve]apment (a; a l'to'Sae 'Y~ pzivate''strat~ts.", 11 also stated 'the conceptua~,planG are- to e oiistruct-'25 duplexes Ors the •5.11 proposed acres. ] 4, The.,prgpert-y borders Evers Park,% elementary; schooI anal' i asor ~DrYlve ~:He +S}lO~V~Cl ` {J ~~the~,,art:l~9 ^%iCUIlCfl V+k I .v g r. .r a1 f. wi ngs .iand'fexl3laiiibd 'toc+ e cr~mmission~t t3~e'type ' of4development")would two- si~kry ae . t" t c yt; sf,, , t•' r xstudio. type :du,,Lexes A&eh twWtar .garages ; ..T.he'prop~~+sed + N composi+tion erloe is r't6 '1V0l d Ch11drGri 1 crossing from the park.' [avid Evers T t r'ipp; descendant' bf the Evers `family, stated 7.,J `he owns` land directly to the south of proliosPd property ,and he has worked with Mr. Laurance on this project and is very interested in this development. Mr. Bennie Snider, area property owner, spoke in op~3sition stating that his family has been in the area since _941 and purchased 33.9 acres in June 1983 directly across from proposed property. He stated that he had been all through the process with the city and has bids from contractors an bas plans to develop from the corne_• of 77 to wi.ndsor1~4~xs3t};Xxx~~Qp?F~T3Fx lie explained hig plans are to develop single family housing from Windsor Drive all the way to North Locust. He state:. hisxabi Kstiom if developed as proposed it would have a negative affect on his single family development ::irectly across the street. He asked to be treated fairly and requested single family be developed on both sides ,--f the street. I Mr. Ellison stated the condomimium concept differs with the Snider- Adettion but is acceptable and there and there are no problems with private internal streets. Development Review Committee recommends approval with conditions. In rebuttal, Mr. Laurance stated the townhouses are to face north and in terms of density, there are 25 ::::uses of 2 units each. on question from Mr. Claiborne, Mr. Laurance stated the townhouses would be two-story. Chairman stated that since this request is a planned development, that a specific type of fencing be .-quested. A chain link fence at a minimum of 6 feet high. Mr. Laurance stated the proposed plan for fencin is a masonery and wood blend fence to surround propa.-~y on two sides. r Chairman declared public hearing closed. t~znues y ~1 1 . 1.7 J7 t `n r r' .X) rr i ~\1~ L~fj1J t ,1;4r ~y~ Jyi ~'r 14;0 i - ~r?'• ,t~ 1 Y S~%~ , 1 Q 'F} ~f 1 r au Jae r~: wT~'r.; 1 n' S .SA fly 7 l~1wT ~'^'~4ti W n d k WT .It r IIAA ~ yr .~T~ a Ar ) 1 i ~Y r r'•1 h1. i`1. 71+\ ~ ~ Y,1 Y' t 1 ` ld t r+ {r a\. r r . 1 ` S~.I tYx , L> k, Kti \ n"1 I~j tl, y; 'tiA p\'~ ~•i' ("LW]y~ iOld► e `Y 7 rY at~2y,',r i Ol t s1 , 4G~ . . .Fl~`I... i, r. ..r..Y• tY+.- r ~~,i$!.~ q~Charmanlts]so.•~cwtun©nted;:he..t_ hog 1]t••1t';•WdFi.:~l'good, .dnpr'op6sand "he would`-be in ''favor of of proposal':' Mr. Sider stated he ,thought the proposal is of~ good ,qualityand` he`would also be in favor of ,1 a l `1 d0 ~ \ r , y%~vxecommending `Lhe proposa t ~ri t ~ •ll~fiJfyJ~,fn?ITb~Y ~q~'~~ r r1~.~n Yl tY ~~1~'11,~,r 1\ .J-r11 it _ ra ti'I fY 1(•'. Mr.~`sidor: moved to,- approve Z 1652 with the following , 1 conditions: 1. gith exception of internal streets or access, the 1 ,proposed land use shall comply with standard zoning ordinance and building code requirementf for two-family land use. 2. The development shall conform with approved zc:.:.ng concept plan. 3. Plan approval consistent with City of Denton s,.::-- division regulation and land development codes ( with exception fo public street requirement.' is required before building peniuits are issued; plat approval shall constitute site plan apprc-.al, 4. If a minimum of 25 percent of the, housing is complete: within four (4) years, this parcel s:ial.l be c_-ns idered for back zoning to its origina). classification. 5. That a 6 foot solid wood fence with masonary -,.Ilars be constructed on the north boundary. Mr. Escue seconded the motion and was unanimously carried 6-0. z-1653 Ms. Spivey explained the request is a change of zoning from office (o) to planned development (P= for neighborhood service uses as an art studio retail privileges. She stated that 21 reply forMS were mailed within 200 feet to property owners; one was returned in favor and zero in opposition. Pls. Eleanor Green stated the building is very ol.: and would not appeal as an office building. The fist's who rent the building need In outlet to sell. data isl ~Anci sheet 1nuSic as t•.ell as other supplies r On question from Mr. Juren, ,ls, G1:ecn statc,d tha-. :le cu rrent use of the building 'r-as a stained ylas :.rt wort: studio. Chris Terrc-,Jl, current tcr;>nt of the bui'c:i:•,g, c:d N0, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE C'TY OF DENTON, TEXAS, BY ORDINANCE N0, 69-1, AND AS SAID MAP APPLIiS T) APPROXIMATELY 5,110 ACRES OF LMN D OUT OF THE B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 186, DENTON COUNTY I TEXAS; AND MORE PARTICULARL't DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF "HE CIT%' OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, The Zoning Classification and Use designation of the foLlowin, described property, to-wit: All that certain 5,110 acre tract or parcel of land situated in the B.B.B. & C.R.R. Co, Survey, Abstract Number 186, Denton Count,:, Texas; said tract being part of tract shown by deed to Bob E. Trig; Trust No, 2 and recorded In Volume 996, Page 379 of the Deed Recor.a of Denton County, Texas and being more particularly described As follows: BEGINNING for the northeast corner of the tract being describe.' herein at a point in the south line of tract shown by deed to Dent:,. Independent School District as recorded in Volume 1140, Page 2!-., Deed Records of Denton County, Texas, said point: being the northwest corner of tract shown by deed to City of Denton as recorded Volume 1196, Page 442, Deed Records of Denton County, Texas; t THENCE south 0°06'30" west wS.th said fence 577,94 fast to a point i.. the north line of tract shown by deed to City of Denton as record:5 in Volume L236, Page 745, Deed Records of Denton County, Texas; THENCE wosterLy '284.04 feet with the north line of curve to left wnose radius is 538,35 feet, chord bearing north 87''13'33" we<: 280.76 feet to end of said curve; THENCE south 77°39'33" west with said road 40.07 feet to the souther;; southeast corner of tract shown by deed to City of. Denton as recorcez in Volume L166, Page 22 of the Deed Records of Denton County, Texa;. THENCE the following calls with the east line of said City of Der,t:r tract: Forth 12°20'30" west 145,0 feet to beginning of curve to le-t whose radius is 750,04 feet; Northerly L49,50 feet with said curve chord bearing north 18°03'08' west 149,25 feet; North 23°45'40" west 74,82 feet to beginning of curve to ri;ct whose radius is 237,16 feet; Northerly 98,56 feet with arc of said curve, chord bearing nctth 11 53'06" west 97,86 feet; North 0°00'30" west 125.0 feet to the southwest corner aforementioned Denton Independent School District tract; THENCE north 89°59'03" east 448.19 feet to the point of beginning. is hereby chouged from Agricultural "A" District Classification :_e to Planned Development "PD" District Classification for Two-Fam::•r (Duplex) Use under r.he Comprenensive Zoning Ordinance of the City .f Denton, Texas with the following conditions and specifications: Z-L652/CHRISTOPHER LAURANCE-PAGE 1 1, With exception of internal streets or access, the proposed lane use shall comply with standard zoning ordinance and building cede requirements for two-family land use, 2. The development shall conform with approved zoning concept plan. 3. Plat approval consistent with City of Denton subdivision ragu- lation and land development code (with exception of public streets) is requl,ced before issuance of building permits; plat approval shall constitute site plan approval. 4, A solid six (6) foot fence with masonry pillars and +cu: composition shall be erected along the north boundary, 5. If a minimum 25 percent of the housing is not developed withi.- four (4) years, this parcel shall be considered for back zonin; to its original classification, The Zoning Map of the City of Denton, Texas, adopted the 14th dr, of January, 1969, as an Apoondix to the Code of Ordinances of tn't City of Denton, Texas, under Ordinance No, 69-1, be, and the same 4.1 hereby amended to show such change in District ClassifiCAtien an,: Use subject to the above conditions and specifications. SECTION 11. That the City Council of the City of Denton, Texas, hereby find that such change is in accordance with a comprenensive plan For c purpose of promoting the general welfare of the City of Denton. Texas, and with reasonable consideration, among other things for t:-,,e character of the district and for its peculiar suitability particular uses, and with a view to conserving the value of to buildings, protecting human lives, and encouraging the mc.: appropriate uses of land for the maximum benefit to the City Denton, Texas, and its citiz-ns. SECTION III. That this ordinance shall be in full force and effect immediate'. after its passage and approval, the required public hearings hav::.t heretofore been held by the Planning and Zoning Commission and :~,e City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1984. RTGiTiMTS , p CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SYCRFTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TLUS c /1 V L~- . BY: / Z-1652/01RISTOPHER LAURANCE-PAGE. 2 I ,I -17 E l.ti~~ II I - r r,l 1 i~~r r ~ I ! n' rl 1t I ` ~~I __I I _ I ••-1 111 ~ 1, i ! II+' 11 ~ 11 ~ I'' I I I i I - I I 1 r' I n, r. I I r 'I PIIUJI LI I0C'/.7!UIl 110j I ~ L. IV i'LANNING AND 'CONING COMMISSION `PO `PllL CI!Y COUNCIL RECOMML;NDATION i'ot City Council 1984 Meeting Dates May 22' Case No.: 7,-1G5 GL.NLRAL USle.anor Green Applicant: 1500 Amher;+t7D:. Denton, `1'X owner Status of Applicant: from office to change Of zoning for neigh- Requested Action: planned development (PD) horhOOd service uses To permit all artist's studio with Purpose1 retail privileges a0(} North i,ocus 9S reete Location and Size: approximately Duplex, former dance and music studio Existing Land Use: acre and Use multi-family unding L North Single family, Surro and 'Coning! residential; U South Dormer automobile dealership, Office; C residential; East - Single family Mrs-2 0 West - Retail., office; a designated Guide: Penton Development Mocder.at-elintell area (Case # 'd-1653) Page Two SPECIA1. INFORMATION Public ltilities: Adequate public utilities are available at this site. Parking: One space for each two hundred (200, square feet- of floor area with a minimum of five (5) spices is required for retail service. TransportatiDn: There is an existing circular drive (one way) which will serve the flow of traffic adequately for this development. Physical Characteristics: The land slopes upward 2-3 feet towards the east and then levels off gradually. A portion of this prop- erty is in the tloodway including the structure to be used for the proposed artist's studio. The City Engineer has recommended that the lower struc- ture be removed from the lot and that only the upper structure be util- ized. In any case, current City ordinances Would not permit the cost of remodeling existing buildings to exceed 50 percent of the structure's current. market value. Vegetation consists of trees, grass and shrubs. HISTORY In June of 1981 this property was the site of z previous zoning change request. Mr. Charles Hammond requested a change of zoning from office (0) to general retail (GR), The purpose of the change was to rehabilitate the dance studio and convert it into a retail music center. Although the proposed use was deemed slightly acceptable in terms of density/intensity stand- ards, staff recommened denial of the request because it was felt that open general retail zoning did not provide an adequate opportunity of strict site plan control and protection of the existing and abutting low density residential uses. (Case #Z-1653) Page Three ANALYSIS The site in this request is a nonconforming use which has served as a location for retail activities and dance studios. The lot contains a duplex with a storage house in the rear, and the dance studio located 20-25 feet south of the residence. The duplex would remain; in fact, nothing would be removed from the property inasmuch as it has been determined that there is adequate paved parking available for the proposed use. The site in this request is designated as moderate intensity area by the Denton Development Guide. A study was conducted in an effort to determine if this proposed development would be within determined intensity/density standards. A 75 acre area was included in the study bounded by Congress on the south, 200 feet south of University Drive on the north and the office zoning line east of Locust Street and west of Elm Street. Basically, the study concluded that the proposed land use would rate as being slightly acceptable in terms of being within intensity/ density standards for this area. The site has immediate access to a major collector street and it is felt that the limited scale of the proposal will. not have significant impact oil local streets. Planned development (PD) zoning provides an opportunity for strict site plan control and protection of the existing and abutting low density redident-iai uses would be assured. RP.COMMENDATION The proposed land use of artist's studio with retail privileges is termed slightly acceptable in reference to intensity/density standards and the proposed Planned Development (PD) for neigh- borhood service use permits site plan approval and control of the property. The Planning and Zoning Commission recommends approval of Z-1653 with the following conditions by a vote of 6-•0: 1. No other structures existing or placed on the lot may be used for neighborhood service uses. The duplex and storage facility will maintain their present uses and the 800 North Locust building will be restricted to an artist's studio use with retail privileges. I (Case #Z-1653) Page Four RECOMMENDATION (Continued) 2. Any requirements not addressed by the site plan or PD conditions shall conform to the Zoning ordinance and Subdivision Regulations ALTERNATIVES 1. Approve the Planned Development with listed conditions 1 L 2. Approve the Planned Development with additional conditions 3. Deny petition - ATTACHMENTS 1. Aerial 2. PD concept plan 3. Chronicle of businesses at 800 N. Locust Street 4. Reply form totals 5. Property owner list 6. Planning and Zoning Commission minutes of April 25, 1984 0194s ♦ Y T I. A l^ M1 ~ I N 1 ~r`y1 1 ~ ' , a 1 , 7J I 1Jia~' I p~ , Y I k 1'~I4. f 'S!. 'r'yy.aa ; ' a'1~'1'•,., y „ lly[• ~d L.l~i; 1 4I .anr R A. 1 i t~~yr rt' r •i Si~ f ~ ~ ~r I ~ ~ I +-rIb~. r,•~ 1. 1' J r ~ ~ I f r.lr 'r ~y.. 1 i V1Y~ 1~1 IY 'I Vf^~... K J , r r f r dtl 4;1t•da.4ti .t fiia r ' ~ !C n fY,f r h3. 1• ~ }}yy~~ C 1, yam. 1NM1 t ~!Y 77 , by "Y", i41 1 7.f~p Jilt. 'r t 9 `'~'•i p ..fir 711 N 1'I 66 AOL d."`r'.1 '4 1 4 '"~54 t,tMtl+ ~1 ~`2Y'w ~S r. ,Il;t~ ar4•'~tkrhlMy I " ( Irt F,1 , 00 Yrr t F n i5 ~ 'i' r~ f + r{' '1 ~A ~ I• r~ r r , t 1 4 v r y MY 4 _s ."M Now- rjtlA r ,1.iar..ie~..a .77 ~ I ~f c I~ 10 k O h 1 A Chronicle of Businesses in the building at 800 N, Locust St. In 1895, the land was owned by the Lone Star Nursery Company Unable to locatethe date the present building was built for a flower shop and green house, There is a record of,it being used for this business in 1935, In 19399 the flower shop was sold to Elizabeth Whayne, It continued. as a flower shop until around 1950, The building remained vacant until 1952 when Eleanor Green leased the building for a dance studio. She improved the building during the next 18 years, After that time it was rented,3S a paint business not classed a retail, to a singles club as a club house, as a campaign headquarters for a candidate for governor and as a dance studio, Sept.179, Eleanor Green bought 800-802 N, Locust. She has spent a little over $30,000 to improve the property, Since September '79, the building has served as a studio for two different dance teachers, a music studio and for two months it was rented to a jeweler who did not move his workshop to the building as he had hoped to do. In my opinion, the building can be perfect for other artists. But the cost of having a business is too much for studio work and teaching alone, The privilege of having items to sell is a necessity, We will appreciate your approval a change to neighborhood services. Respectfully submitted, Eleanor Green March 21, 1983 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1653 IN FAVOR IN OPPOSITION UNDECIDED Bob Crouch None Received " 801 North Locust Denton, Texas , x i v 'r e z^s^,P.~.. a• ~ ' , tt^ s xt: n^g~~.. '°'aq'~.5 a ~ _ .x.;r. , a., -,.qr~' q ~ _ TS L~ r y, , -f %-A I CA cl, a - ~ IM III ll~ {1 ~1 1 j Loci ~ ' S I I`', f ~ E' 0 C v~ S ~ ~z n r r, i r if~~ I I ~ b `J Ln1o Rtes Cf~f }~CJr1C1er w~ 4 r r1 + <J ta~r'•<. Banc sv r`~ onnre La .,d w Se 7 ca F I p 'r 7 1, W7, CL 4^ .ari...++~...~..y. + Lik i i r 111 1 ~ I ~ ' ~ ~ 1 uVf a M ;;t A; . I "T r i,~ W i, 14!.. :r' H'2~. +<WiR 'i{..' ~ i.TU MfN I li I,', X i i d'i VWigVI-'l.l.nu 8 { . tN.. h 11., i~" , i i.4~~. }44.y~'..(. FYachCM:,+y....rp n~ WNRj...1,1 . ....it- I...~+. i~ Jar r: . r i..l~,'sf~1' ; A'(.♦ N P 4 r.t...: ♦ .'Sti ' f ~ ~.l , { Chairman also commented he thought it was a good proposal and he would be in favor of of proposal. Mr. Sidor stated he thought: the proposal is of good quality and he would also be in favor of - recommending the proposal. Mr.'Sidor moved to approve Z-1652 with the followir_ conditions: 1. With exception of internal streets or access, t:-:e proposed land use shall comply with standard zoning ordinance and building code requirements for two-family land us-~. 2. The development shall conform with approved z';--no concept plan, 3. Plan approval consistent with C.ty of Denton s•-"_- division regulation and land development codes ( with exception fo public street requirements is required before building permits are issued- plat approval shall constitute site plan apprc-,=1. 4. If a minimum of 25 percent of the housing is complete` within four (4) years, this parcel shall be c-:-._;ciered for bark zoning to its original classificatic.. 5. That a 6 foot solid wood fence with masonary __1ars be conetr.ucted on the north boundarv. Mr. Escue seconded the motion and has unanimously carried 6-0. Z-1653 Ms. Spivey explainer; the request is a change of zoning from office (o) to planneu development (Pi for neighborhood service uses as an art studio hi retail privileges. She stated that 21. reply for were mailed within 200 feet to prcpe.rty owners; was returned in favor and zero in cy,position. leis. Eleanor Green stati'd the bulldinc; is very Ol and would 17ot ctpDeal as all Cff1C6 U11"G .l:7gr C' St' c 1'!ho rent the Luil_linq need at) outlet to .sell and sheet music as well as other supplies .a. C~ C;Ue StlOll i. rr01'f ":I ,lu3:E'n, ~'iS. C~:Heli Std~.ErC1 t:.~.~ Cu moll t. use o f the h,u 1; .1.d, Ilia ItiaS ci S tL ]..le:. C" &L-S wor}: studio. Chr1£ iE:r1'6°11, C111:1'C'17i. LE_'Ilc.llt C!f %i]e h'4':1 .page '9 she has a big intererst In the studio, as she does contract labor and teaches classes and would She like to sell supplies as a help to her classes. stated there are other businesses in the area that se retail and She feels that this would be a good ,locat: n for a studio as well as an outlet to sell correspond-n- supplies. No one spoke in opposition to proposed request. Ms. Spivey explained the existing land use as a former dance and music studio as well as a duplex. She furY%er stated the site is located in a designated moderate Intensity area and that there is adequate public utilities and parking. She stated that the land slopes upward 2 feet towards the east and then levels off gradually. A portion of this property is in the floodway inclu-..:-.g the structure to be used for the proposed artist's studio. Current City ordinances would not permit the cost of remodeling existing buildings to exceed percent of the structure's current market value. Jerry Clark, City Engineer, stated the existing bu__iirg is in line with the flood way and the City does nc•.: encourage development so thatRxmac5e in the event c: a flood,damage would not be done to the building. 'Fe further stated the finished floor is below the average leva_ for storm flooding and he would discourage a change in _zrang due to the flood way plan. On question from Mr. Claiborne, Mr. Clark stated t.er~ are no concrete improvements down stream. Ms. Spivey gave a brief history of the property an=; stated that the staff recommends approval with cor.~: ions or alternatives. Chairman stated lie could not see the logic in a ~a fence. Ms. Spivey stated the purpose of the requested fence is to protect the adjacent and abutting property _,ners. Chairman requested not to recommend a fence. al Mis. Creed stated she has owncc the building for yC?F'i]"S prior to rcntiny the building and the i 100' = never came to door of the studio or evcm inside' the bu' Her parpo`..e in the slic,tit: incline of the -Par!'.in _"t %'.hen it \;as constructed '•ti 1S So thEzt wcltcr 4.C'''•.1~C. off toward the crock. Chairman declared the hearing closed. d(~~'u n Z '4 ! ii'i.+ inU l,~•!: (nJ( s~. !t.: Y,. , .x 1 ♦~\d• w.•'.?a ItiYF.. n . fit. ,y a (47'.. irl,-r. YM.• .i. f'~.' !v I X v n n a, o y`M~, n. :'n• rit ' w:i"tJy ,~.y✓ x'~ + ♦`7~ ;~M1r l~•. , t.. ,j t' i",., i~ryp` r~;2'• - - ,,/tttFA~ 1 I~tihl.• ai.t vfr1.,1 n e .c'- " ' , t,., r a F C !N • .yet' ':i11 r •y v.'`I j'S'i'i1'~S,41y ♦ +.,ut 4 +~"+r• t~!* a `:t ~ .•r.. 4h,.., ,+'~ii•. . 11 yel` 'r t~. ~1r Z JII TI.. 1~ '~l YF "••41'L -..L• y 'tR•1 1 \ J.:l:' ,9 . ~ i ~ .rt Mr. Sidor moved to approve z-1653 with the Eollowang q.' conditions: 1. No other structures existing or placed on the log May bel'used for neighborhood service uses. The duple x_ -and storage facility will maintain their present uses and the,800`North Locust building will be restricted ro r• `..an artists_ studio use with retail' privileges. 2.Any requirements not addressed by the site plan.or ?D v, ? 'conditions shall conforii to the Zoning ordinance and _ Subdivision Regulations. Seconded by Mr. Escue and unanimously passed 6-0. r L.~ I NO, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TF,KAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 49 ACRE OF LAND OUT OF THE B.B.B. & C.R.R. Co SURVEY, ABSTRACT NO. 185, DENTON COUNTY, TFYAS' AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFEC~IVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: All that certain lot, tract or parcel of land situated in the City of Denton, County of Denton and State of Texas being pare of Subdivision No. 20 of a 640 acre Survey patented to John R. Henry Assignee of the B.B.B. & C.R.R. Co., by virtue of Lam_ Certificate No, 111, Abstract No. 185, and more particulacl-i described as follows, to-wit: BEGINNING at a point in the center of North Locust Street, 3C feet south of the northwest corner of said Subdivision No. 20; THENCE east 30 feet to the east line of North Locust Street an the southwest corner of a Lot sold by Rudolph Huber to Chris Huber, for the beginning corner of this Lot; THENCE east with the south line o`. said Cheis Huber lot 160 fee: to a stake fo,: corner; THENCE south parallel with the ianter of Locust S.:reet to tn,< top of the north bank of the north prong of Pecan Creek THENCE in a norchwesterly direction with the edge of said Creel to the east, line of said North Locust SLreet; THENCE north with said east line about LOO f •?t to the pLace beginning, and being all of that portion of the Land that llaa north of sai? Pecan Creek that was sold by Rudolph Huber to M. Jagoe, fronting on North Locust Street, and extending Eas: '6O feet. is hereby changed from Office "0" District Classification Use Planned Development "PD" District Classification for Neighbor- hood Service Use under the Comprehensive Zoning Ordinance of t^1 City of Denton, Texas with the following conditions a:c specifications: 1. No other structures existing or placed on the Lot may be used for neighborhood service us,s. the duplex and storage facility will maintain their present uses and the 800 North Locust building will be restricted to an artist's studio use with retail privi.leges. Any requirements net addressed by the site plan or PD conditions shall conform to the Zoning Ordinance and Subdivision Regulations. Z-1653/ELEANOR GREEN-PAGE 1 w The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change Ln Dtstrict Classification and Use subject to the above conditions and specifications. SECTION 11. Chat the City Council of the City of Denton. Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the ggeneral welfare of. the City of Denton, Texas, and with reNsonabla consideration, amoni other things for the cnaracter of the district and for Lta peculiar suitability or particular uses, and with a view tc conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be In full force and affee: Immediately after its ppassage and approval, the required publt: hearings having heratofore been held by the Planning and Zonin:; Commission and the City Council of the City of Denton, Texas after giving due notice thereof. PASSED AND APPRM4,D this the day of 1r, -TLlYbA CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECF.TAR% CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Byt Z-1653/ELEANOR GREEM-PAGE 2 i rL ~ R c I r4 k f R ~ ' Orr /f PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1654 Meeting Date: May 22, 1984 GENERAL INFORMATION Applicant: Russell Trapp 512 Oak Hill Dallas, TX 76201 Status of Applicant: Prospective Developer Requested Action: Change in zoning from single family (SF-7) to the two-family (2-F) classification Purpose: Development of four two-family resi- dential structures Location and Size: Approximately 0.9116 acres located adjacent and east of Bolivar Street and adjacent and west of North film at a point beginning approximately 400 feet south of the intersection of Bolivar and Ileadlee Surrounding Land Use and Zoning: North - Multi-family residential, single family residential; :F South - Two family residential, single family residential, multi-family residential, institutional (church); SF-7, C East - Single family residential; SF-7 West - Two - family r esidential, single family residential; SF-7 Denton Development Guide: Area is designated as low intensit,.-. (Case 4 Z-1654} Page Two SPECIAL INFORMATION Transportation This site has Immediate access to and Traffic: both Bolivar Street and North Elm. Bolivar Street is a standard resi- dential street. North Elm Street is designated as a primary major arter- ial and it presently has two lanes for travel and 60 feet of right-of-way. Public Utilities: The impact of this particular devel- opment on water and sewer facilities will not be detrimental, but it is generally felt that continued in- creases In density will negatively impact existing water and sewer mains that were designed for low density residential land use. The water and wastewater representative also re- ported that some grade difficulties may affect serving this use. Adequate electrical, gas, telephone, and cable TV services are in place. Applicable Regulations: Parking: Two spaces for each dwelling unit are required for two-family land Use. 1'linimum setbacks: Front--25 feet, Side--6 feet, Rear--6 feet {Minimum Lot width: 60 feet MInImum Lot depth: 100 feet Maximum percentage of lot which roa,, be covered by buildings: 40; ANALYSIS This site is located in a low intensity area. Development Cuide policies strongly recommend low density residential development cruphasis in low intensity areas. Two-family land use is obvi- ously more dense than traditional single family detached, but it is not considered high density residential development. (Case NZ-1654) Page Three ANALYSIS (coi, t i nued ) As reported on several previous occasions, many duplexes level- oiled today are practically identical to single family detached structures insofar as architecture and asthetics are concerned, j Many duplexes are platted separately for individual sale and owner occupancy. The character of duplex or two-family housing j in today's market has far more in common with single family Ian,? use than multi-family. If approved, this proposal for a change in zoning would permit the development of a maximum of four duplexes, of which two will front along Bolivar Street and two will front on North Film Street, The subject site abuts existing two story duplexes to the north, Both Bolivar and North Elm Streets have adequate capacity to serve this development, Duplexes existing in the neighborhood and under construction south of this site (zoning approved for six duplex structures in September, 1983) are examples of how two-family land use can he compatible with single family neighborhoods. i An aerial photograph erroneously displaying the subject propert'• was mailed to property owners within 200 feet of the site. A property owner notified of the request apprised staff of the error and an accurate aerial and reply forms were mailed to property owners within 200 feet on May 7, 1984, RECOEIMENDA'rION The Planning and Zoning Commission recommends approval of Z-lr 5 by a vote of. 6 - 0. ALTERNATIVES 1. Approve petition 2. Deny petition ATTACIWENTS 1. Aerial 2. Reply form totals 3. Property owner Iist 4. f)1.anning and Zoning Commission -ininutes -of` April 25, 1981 0453a a t r ; 1 Y v I ~ 1 'M 4:A~7. 17 1rll* fl li w W, K ' + N • h III YIU i MA r ~r 04 •t t ~ x lot ,~w ~ f u~ x lfll n ~ VOW t' a a s ti. . 1 t 1 Y: J f r ,R • F. r 17 e ! oal~ of ~k.9 1 4Y• Syr •1N r • • .Y • T ` 'PROPERTY OWNER REPLY FORMS } CITY COUNCIL + ,N a. Y Z -1654 iq IN FAVOR IN OPPOSITION UNDECIDED Joy Lr Yarbrough W, M. Holbrook 2504 Denison 2516 Nr Elm Denton, Texas Denton, Texas F; Hazel Hendley reply form 2615 North Elm was not signed :k Denton, Texas 1 - E I Vi=a= ~ ' _ ~ 1 I . - `f! r` t i ~ 1 c 1 r f II - - r , r !I , f ~ r-- 1 l t ~a _ ~ 1 I I ~ u }1 a i t y r 1, ,i t b I r_- c • ~ _ ! ~ ~e~~e fig . • ~ I ~rrl n I IL - i- 0~ LN n s y C'r- ir I V,. f . ,n I 1 r•' ~ . i r ' r^ I ~ (~I ~ / V ` .f 1. f.. ~ S~ T `I{1I rl {r I I _ I j Il r I I MAN 11111,1' 1,111111, J 1111:1 ''111 ,~~g ~ ~ ~ '3`x'vn~u s,~ ~ v£ -Fa v u~ 5 4 d 'S'~t> *W1u~3L SY y ve a~ ~ ~ . i e - A t+ r • X. x a liWlYpYur IF r ~ rrrr t yy 7 i l I ng;1"i}Ark i' l Il ! Y I, tryt~~ ~ y}' 4~ ~,ytal, tint I~, ~ r r t . p;:. ~I! ~ n~1a i,',jw ~ r~,.re ~RY~./ '~5. .~1." Y'~~ -1 'Nyyp tit' .k` •"en 'e+.e~*'+'~j..+'i ~3 l ~ 1~' 4t ~ 1*~kl ~ i i a•t~ry~l ~i. 7~~.. ~ r. ~.,1 ~'.4;tjt i t i ` }a ~~II r ICt F -S r~,,y r*~. 4► il~t 4' •`i~l'1'I~tW~} i$~t tr i,. ~yY~ , ityl ? :fir .}14 , e ~ , pay ,t. s. I t hIY 1 J ~Y i . , 4 i f' :nl~f~,-r 4fl t~}t /11SN 1°1t„~' n ,lV~ f ltili A 1 ♦r~.r l i 1. Y.lt.' TtTk'+t"lr'•al+•T.1 f v 71 JA II I'165~4`~, .in~~AJ) ~1b~1~~1~1 Y.h t.IYI !~'H, Ft .it~~) , l,; tpp .Jf ~~l. •~~,r /.~l \~~!~1k'~.ll i",r f Trrf y'7,l , 111\x. rhllft . J' r'~SI.rN.~lf'r V{i 13 ! 1F 1 ( Vt Lk~~ I I A y Y 'iFiY?l1t L r.r.l`:'t l~tt..n 11 T"n~ fM1%Il,. r ~fl 1 1L~`5.. n~•'S,(11f't.lp l t.ll. ~~J' wl..•l.i a 'or. sir Pb. MflrF"!S.' .n'♦u,.J t 11!/1 ....._a .....r J`.~i.`,~. ..r r .v'r:S Mr. -Ellison explained there were 28 reply forms sent to' property! owners wit l 1 ~ ,Sn eiizried d.:z er~ n~cipposi'hi tin 200 ieFt•r,t.hre,e were . tc1 (Y~ ,y jj} l . A tJ rjt .~w. ~yy~~p r , as ~ l 1 ~ f ,i t Rt/'yyi~fyl. ;/.p~},,'p¢y{p(t 1iJ~~y/,'?y{ yM~i ~t(r~ ~.<f-~ {h; 1~I 1~` ,i> i`lj,•~.Vl l t'~('j tl irtl~ r ~4' Yplfs°. f(, l t„17 Y ! ..♦f i. {ir J .l \ i s Russell,,Trapp,stated the' pr60 er.ty "has .beenlavant, sYnce `_1952` ani3't2iat':he paid: $11;"000`'in back taxes" and paving for'the"property ' He 'stated'*to the north' of the property ',are two duplexes existing 'and' to -the south' on Bolivar, there are single family houses and four or five duplexes. Across the street from the property are older homes that have been made into apartments and the property to the sc:ath is zoned commercial. He stated he is in the process of replating to make four lots; 59 feet wide. in compliance with all surrounding property, the buil- ings on Elm Street are build high enough to correspond with the sewer on Elom Street. Mr. John Miller stated he owns property across the street on Bolivar and he feels the sewer would be a problem further down Bolivar. He stated the City sewers are on overload and his objection would not be to the develop- meet but to the sewer. He stated }le thought the parking for the proposed property would not be adequate and that traffic would be increased greatly by additional development. Mr. Trapp puts in good quality houses and T have no problem with that. Tim Fisher stated the existing old 6" sewer lines run north and south and arf; of crumbled clay tile. He stated the water lines are old and in need of replacing.; yt r r . t e d h a f_ ~t the e >a~tf~iw wox ' xmmtxruxmmmmRdxi: gat and that the difference of the load that a duplex would make would not affect the sewer systems as much as Mr. Miller stated. Mr. Ellison stated that. Bolivar Street could handle the traffic and that Development Review Committee re- commends approfva]. Chari declared public hearing closed, Mr, Claiborne moved to approve Z-1654 seconded by Mr. Juren and passed unanimously 6-0. l I AN ORDINANCE AMENDING THE, ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS r1DOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID ItAP APPLIES TO APPROXIMATELY 0.9116 ACRES OF LAND OUT OF THE N. ElEISENHEIMER SURVEY, ABSTRACT NO. 810, DENTON COUNTY, TE.K1S; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I_ The Zoning Classification and Use designation of the follow- ing described property, to-wit: All that certain 0,911b acre trace in the N. Meisenheimer Survey, Abstract No, 810, City of Denton and County of Denton, Texas, and being Et1L of a certain 0.9116 acre tract as described in a deed from Lena Mae Caldwell to Charles Chandler Davis, Trustee, on the 17th day of January, L984, recorded in Volume 1330, Page 542, Real Property Records of said County and being more particularly described as follows: BEGINNING at an iron pin on the southwest corner of Lot 1 of Bolivar North Subdivision recorded in Cabinet B, Page 244 Plat Records and the east right of way of Bolivar Street; THENCE east with said south boundary line 334.0 feet to an iron pin; THENCE south 0003815011 east along the west right of way of Kim Street lb8.21 feet to an iron pin; THENCE west 336.41 feet to an iron pin; THENCE north 00'31'0811 east with the east right of way of Bolivar Street to the place of beginning and containing in al'. 0,9116 acres of land. is hereby changed from SLngle-Family "SF-7" District CLassift- cattoh Use to Two-Family 11L-F" District Classification and Use under the Comprehensive Zoning Ordinance of the City of DunC011, Texas. The Zoning Map of the City of Denton, Texas, adopted tre 14th day of January, 1969, as an Appendix to the tiode Ordinances of the City of Denton, Texas, under Ordinance :r 59-1, be, and the same is hereby amended to snow such cbauge District Classification and Use. SECTION IL, That the City Council of the City of Denton, Texas, hereb;: finds tnat such change is in accordance with a comprehensiv; plan for the purpose of promoting the general welfare of the City of Dentu,I, Texas, end with reasonable consideration, amon; other things for the character of the district and Eor Les peculiar suitability or particular uses, and wLth a view r.onscrving the value of the buildings, protecting human Lives, acid encouraging the most appropriate uses of Land for t_e maximum benefit b) the City of Denton, Texas, and its citizens. Z-1654/RUSSELL TRAPP-PAGE 1 SECTION Ill. That this ordinance shall be in full force and effect immediately after its passage and approval, r.he required publlc hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texau, after giving due aotiee tnureof. PASSED AND APPROVED this the day of RICHARD 0. STEWART, MAY CITY OF DENTON, TM" ATTEST: CFGTiti.-6'CT e~ T1~~Z'fiETreIIl4 CITY OF DENTON, TEhhAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNE`. CITY OF DENTON, TEXAS BY; L-Lb54/RUSSELL TRAPP-PAGE 2 1 it CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: play 22, 1984 SUBJECT: Hold a public Bearing on the proposed annexation of approximately 81.44 acres of land beginning at Swirlier/Shiloh Road. (A-1) SUMMITRY: The property in this case is located on the south side of Paige Road, west of Swisher Road and north of the MK&T Railroad. A manufactured housing subdivision is proposed on 66.5 acres a portion of which is already within the Denton city limits, and a mobile home park is proposed on approximately 40 acres imme- diately west of the manufactured subdivision. Approximately 430 units are proposed for the manufactured housing sLiW ivision and approxi- mately 230 units are anticipated for the mobile home park for an ultimate population of approxi- mately 1500 people. Existing land use on the 81.44 acre tract con- sists of one single family dwelling and a sewer lift station with the remainder of land being vacant. Tl- existing population of this tract of land is approximately 2 persons. Surroundi-nq land uses include to the north single family dwellings on Swisher Road and at the corner of Paige Road and Swisher Road. To the west is Swisher Road and the Chaparral Estates subdivi- sion. The Chaparral Estates subdivision lies in the town of Shady Shores. Land use on the west side is vacant land and further on to the west is an existing mobile home park and land use tc the south is Shady Shores Road. Ultimate devel- opment of the tract as proposed will generate approximately 3,960 one way vehicle trips per clay divided between Paige Road and Swisher Road. Both of these roads are county roads wit'n only a sealcoat surface. This property is located outside of the City of Denton's master drainage plan but major flood- plain is shown on county F.E.M.A. maps. `1'he developers must follow all F.E.M.A. guidelines on map revisions and amendments. City Council Back-Up Summary Sheet page Two SUMMARY Water service options include (1) extend an 8 (coil tinued)1 inch water line from the existing 8 inch main near I-35L and Paige Road, down Paige Road across the northern property frontage. All off site extensions are eligible for pro-rata con- tractural reimbursement. (2) Extend an 8 inch water line from thn Denton side of the Corinth water meter and I-35L, tore the interstate and extend down Shady Shores Road across the south- ern property frontage. (3) Provisions for use of A private well are included in lie sutdivi- sion regulations, Article 14.10-B. However, eC0110111iC justification is regUirod and c:. 'rent policy is to encourage extension of water mains with pro-rata reimbursement:. Limited analysis of the lift-station-forcemain system indicates that neither one has sufficient capacity to handle both existing approved devel- opment plus the proposed development, Under current City policy and Article 4,09A-lA of the subdivision regulations it will be the devel- oper's responsibility to provide adequate facilities to serve their development. if the property is not annexed into the City, but connected to City water and sewer .lines, the Building Inspection Division will inspect pri- vate lines for compliance with the City plumbing codes. If the property is annexed, all City building codes will apply to the development. FISCAL SUMMARY: A variety of techniques are available for fiscal impact analysis, among these techniques the ser- vice standard fiscal impact method was selected because of its usefulness in predicting the impact of proposed development, land use alter- natives, and annexation. As used here the service standard method relies on the U.S. Census of Governments to obtain general averages of manpower and capital facility service levels for municipalities of similar size and geogra- phic location. The service standard method, as presented here, relies on average employment. levels and a relationship of annual capital-to-operating expenditures to estimate the expected increment of local municipal expenditures. These ratios, drawn from a national sample and expressed per thousand population, differ for communities of City Council Back-Up Summary Sheet Page Three PISC.'AL SUMMARY varying size and by region. This toclhnique (continued): determines the total number of additional em- ployees by service function that will be required as the result of growth, It is of paramount importance to recognize that there is no simple way to obtain and manipulate national standards for different service categories of municipal operating and capital expenditures. All three areas proposed for annexation were considered together in arriving at the fiscal impact analysis and all fiscal impact assess- ments assume ultimate development. In the enclosed analysis: Alternative #1 - Assumes that all proposed de- velopment actually develops as proposed. Alternative #2 - Assumes development occurs as proposed except the 200 site built houses and the 45 manufactured homes, Alternative 03 - Assumes that only the devel- opment along the south side of Paige Road and the manufactured housing subdivision east of Grissom Road develops. A comparison of the anticipated revenues to be generated by each of the alternatives is en- closed along with a bar graph showing the cost; revenue of each alternative. ACTION REQUIRED: Hold a public hearing (no other action is required) ALTERNATIVES: 1. Hold a public hearing 2. Choose not to annex this property and discontinue annexation proceedings SOURCE OF FUNDS: Departmental budgets RECOMMENDATION: The Planning and Community Development Depart- ment recommends continuation of annexation proceedings. The Planning and Zoning Canunissi.;: will consider this item at their next regular meeting. EXIIIBITS: 1. Fiscal Impact. Analysis 2. Service Plan 3. Map 0529a Charles Watkf.ns , wt&Miol- Planner ALTERNATIVE U1 I Menporer I Estimated I OCerating 1 Total I rappel-to- I Total I Total Annual Anttttpa+ed 1 Governmental I Ratios For I Number I Expenses II Operating 11 RetloslFor 1 CAnnual I PtublIC Cost• ►Oputetion 1 Functions ! Population I 1 1tel) I I Size I Fu+ ture I Future t Costs by ! Population I Costs ty i Gap b/ ;rouu E to ees-i cr',lcyees i Fvn:t1cn I ~1:e G^04, Fun:tton 11 %n: t1rr 1 I I I 1 I 31684 I Ger. Control 1 .55 1 2.02 1 S 45,455 I S 91,798 1 .011 I f 1,009 1 S 92,607 I Finance I 57 I 2.10 L 23,583 1 49,524 1 .006 1 297 49,821 { Police 1 2.17 1 7.99 1 29,604 1 238,133 1 .047 I 11,192 1 249,325 1 Fire 1 1.75 1 6.44 1 25,%43 1 185,104 1 .029 1 5,365 1 190,47:. 1 Gut11c works I ,95 k 3.50 1 44,551 1 155,926 1 .452 I 70,4?9 1 2261407 1 water/5e.ar I .74 1 2.72 1 57,076 1 155,252 1 .440 I 66,310 1 223,`62 ! c„enitatlon i 1,44 1 5.30 1 43,549 1 2:2,399 l 104 i 24,169 1 256,s`P I Parrs d Rec. 1 1.00 1 3.68 1 -43,091 l 54,974 1 148 1 12,576 1 97,550 I Library 1 .20 i .74 1 22,917 1 16,958 1 1031 i 5«5 1 11,463 1 i 1 1 I (1,403,9" ! 1 , I 1 i 1 I I 1 V 1 I I 1 1 I I I I I I 1 I 1 1 I 0123s sc ALTERNATIVE M2 y" I I Manpower I Estimated I Operating I Total I Capital-to-I Total I Tota Annual Anticipated I Governmental I Ratios For I Number I Expenses I Annual I OperatTng I Annual i Pst r Costs population I Functlons I Pcpulatlon I of I Per I operating I Ratios For I Capital I (C,.r,rting I Size I Future I future I Ccsts by I Population I Costs ty i Ca.: •eI) by I I ~>rcup I Err'cvees I L pictiaes f Functlcn 1 Sire Grow; I rcnctic I r'ien I I 5,104 t Gen. Control 1 .55 1 1.71 I S 45,405 1 S 77,710 1 .011 I S 854 1 3 -E,S64 1 Finance 1 .57 l 1.77 1 23,553 1 41,741 f .006 1 250 1 x;.991 1 Pollce I 2.17 1 6.75 1 29, EA 1 201,177 1 .047 k 9,455 1 "632 I Fire 1 1.75 1 5.44 1 2E,7<3 I 156,361 1 .029 { 4,5`.4 1 rE,895 I Pub ITt korks 1 .95 1 2.95 I 44,•rl 1 131,42`. I 452 I 59,404 1 ?:,E29 1 Water/Sewtr 1 7,4 I 2.30 1 57,078 1 131,279 1 .440 1 57,762 1 "'041 I San ltatlon 1 1,44 I 4.4E i 43,E49 I 196,443 1 104 1 20143C i c,E73 I Parks b Rec. I 1.00 3.11 1 27,091 J 71,813 1 .14E 1 10,6.E i '..,441 I Library 1 .20 ! .62 1 22,917 1 14,208 1 .031 1 440 1 10,6,48 ! 1 I I I J I I i, c3,9k4 i l I I I I 1 I ~ 1 I 1 I I I I I I I I i i ! l , , ALTERNATIVE 13 i I I Manpower I £itlvwstod I Oper01n8 I Total I Cppltai-tc-1 Total I Total Annva! AntlC{pateA 1 Governmental I Ratios For I Number I Expenses 1 Annual I Operating 1 Annual I Public Costs PopulatIcn I Fvnctlons I Populatlon I of I Per I Operating I Ratlcs For f Capital I (Operating + { I Vie I Future Future I Costs 5r' ! Pc."u`a+icn 1 _sts ty Capita l7 by I G'~ fi I E'^Icveos,I E-plopees I Fune'Tcn i 5I :e cuC ! Fc ''~c^ Fur:cti:-. I E i I I I 1 1 2,616 1 Gen. Control 1 .55 1 1.44 1 $ 45,455 1 S 65,440 1 .0i1 1 S 719 1 S 66,1`9 1 Finance 1 .57 1 1.49 1 23,563 1 35,15E 1 .006 1 210, 1 35,348 1 Police 1 2.k7 1 5.69 1 29,604 1 169,564 1 .047 1 7,970 I 177,556 I Fire I 1.75 I 4.59 28,743 1 131,930 1 C25 1 3,625 1 35,'.`5 I PwtIic Works 1 .95 1 2.49 1 44,551 1 11:,931 1 .452 ! 50,140 1 IEI,C71 I water/Sewer 1 .74 1 1,94 57,078 1 110,731 1 .440 1 46,721 1 !`5,45i I SanltatIon 1 1.44 1 3.77 1 43,649 1 165,310 1 .104 1 17,152 1 162,102 1 Parks L Rec. I I.00 1 2.62 1 23,091 1 60,498 1 .14E I H,953 I 69,461 1 Llbrary 1 .20 1 .52 1 22,917 1 11,916 1 .031 369 1 121285 I I I I 15 999,579 i I I 1 I i 1 I I I I I E I I I I 1 1 I I € I i 61235 Sc 76 7- FW7 a} -rt ;i 1 j MUNICIPAL REVENUES BY SOURCE Alt, #1 Alt. #2 Alt. M3 Own Sou-ce Revenue Taxes Property/Personal Tax $ 270,558 $193,838 $1599960 Utility Franchise Tax 39,907 34,933 :81338 Charges/Misc. Recreation/Ambulance Fees 8,859 7,446 61291 Fines 31$14 2b,316 229236 Water/Sewer 460,500 387,000 3271000 Sanitation 1249335 1040490 88,290 Intergovernmental Transfers State Sales Tax 160,021 134,479 1130639 Federal Revenue Sharing 43,691 36,718 31,025 CDEG 43,483 36!545 30,685 $80",465 TOTAL: $1,182,668 $961,765 „ y. Y. F E k G k 0I42s i E , .a u~ 1 L71 it w.•lr-~! ` I I 7uGJG^ E %i% r / too Qffl~ Ml ~I) ll ' $ if or sav zip &M ARIA, g Tly 00r Dam. DW , WHEREAS, Article 970* as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an cr:nance annexing an area; and WHEREAS, the City cf Denton is cont+mplating annexation f ~n area .high is ,,ounded as shown on a mr.p of the i-oposed annexation. NOW) THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE --TT OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code annotated, there is hereby adopted for the prc:L_,ed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and c-_er routine police services, using present pers,:=.=el and equipment, will be provided on the effec-_•,•e date of annexation; (2) Traffic signals, traffic signs, street mark---:s, and other traffic control devices will be i:$-alled as the need therefore is established by appr:zriate study and traffic standards. B. Fire (1) Fire protection by the present personnel an- -quip- ment of the fire fighting force, will be pre-•_ded on the effective date of annexation. C. Water (1) grater for domestic, commercial and industrii.1 use will be provided at city rates, from existing city lines on the effective date of annexation, ar.d thereafter from new lines as extended in acco_dance with article 4.09 of appendix A of the ced_ :f the City of Denton, Texas. D. Sewer , (1) Properties in the annexed areas will be con-.=cted to sewer lines in accordance with article ? of k appendix A of the code of the Cite of Dent:-. Texas. r E, refuse Collection r (1) The same regular refuse collection sere'~e p.l•o- vided within tl,e cite wt ll be extended annexed area within one .,,nth after the r~'-:rive date of annexation. 1 a rvla* Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of ::acardous chuckholes, measures necessary for traffic etc.) will begin on the effective date of annexatioc. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area ;n the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major imprc.em~,nts, as the need therefore is determined by the gc•:erning body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing,. sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the _ity will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- ti,ie date of annexation. The same standards and policies now used in the present city will :e fol- lowed in expanding the recreational program _nd facilities in the enlarged city. K. Electric Distribution (1) The city recommends try use of Ciiy of Den-.n for ! electric power. I I $drvice Plan knnexed Areas Page three L. Mis.;ellaneous (1) Street nave signs -there needed will be installed Within approximately 6 months after the effect ive date of annexation. G' II. Capital Improvement Program (CIP) r The CIP of the City consists of a fire year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as; kl) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. i E e i I N ~ w ~ 1~ ~.Ir.~InIIM ♦I , wo, i 11 - ♦ 1 1 r. I I I r. li - I'.. ~ ~r 1. ` r ♦ '-~Ty~• I 1"_ I k ~.If ~i.i~ ♦ I I ~ ' ti Ijp 1 / i A y • r f t ~ ♦ ~ f I A I I _ I /y r li' 1 ~ f ~ i ~ - W_r a-,.. TOWN of SHADY SHORES r. 0. IN 362 Un DALLAS, tEXAS 75053 May 5, 1+84 `1r. Charles 'A'atkiris Planning and Zoning City of Denton 215 E, Mc Finney Street Denton, Texas. 76201 Dear Mr. Watkins: The Planning and Zoning Cormission of the Town of Shady Shores, Texas, urges the annex<atic~n by tlrt- Citl' of Denton of the Swisher Road property bordering on the Chaparral Estates subdivision, an area of acre plus plots. A proposed mobile home pa rk!moduIar home development would decrease the value of the homes jr) Chaparral Estates considerab?v. Merely the rumor of an adjacent mobile home park already has fouled the sale of property in the area. The establishment of a tuffer zone consisting of the flood zene and a small E>ortion of the land fronting or, Swisher Road by the cemetary would be appreciated, A buffer area would help maintain the present property values and a' so would lessen the use of Swisher Road which is in poor repair to accommodate any additional traffic. erN, tru1N, yours, Zg~ Thomas Duesman Chairman Planning and Zoning Commission ~r CURTIS D. HODGSON ATTORNY', AT LAM nsae AI.1•HA ROAD. NUITR s DAI.LAK TEXAS ISUM ' 0 44"04741 May 9, 1951 w Dir. Charlie Watkins Senior rianner Departa.ent of Planning and Community Development Municipal Building 215 East McKinney Denton, TX 76201 Re: 66.5125 acres of land situated in the +_IDEO\ WALYER SVRVLY, ABSTRACT NO. 1330, Denton County, Texas Dear Dir. Watkins: The purpose of this letter is to dijucss the subject of annexation to the City of Denton of the e:bove-referenced land. As you know, RWGP is applying for planned development zoning on this land. In this connection, RWGP formally requests that the issue of zoning and annexation be considered simultaneously pursuant to Article 21, Section C of the Zoning Ordinance of the City of Denton. RWGP requests that the Cite of Denton annex the land upon granting planned development zoning. Should no planned development zoning be granted the land, then RWGP formally requests that the City of Denton not annex the land at this time. Mr. Watkins, I can understand the City's concern over possible unregulated development of land generally. Let me assure you, however, that there will be absolutely no development on this land of any kind unless and until the land is annexed into the City. You have my per- sonal promise and word on that, as well as the promise of RWGP. My only hesitation on annexation at this time is that I do not want this land to be saddled with the burden of City taxes unless either (i) some development is likely to occur on the land or (ii) other land in the area also participates in the tax scheme. . , r mow-. -...vv..-i-s~_i•---...+am--..+-...-on._.-m _ ti niF t Mr. Charlie Watkins Page two May 9, 1984 Phase keep me informed as to the City's intentions regarding the annexation of RWGP's land, mind regards. Sincerely, Curtis D. Hodgson, President RWGP, Inc. CDti:,j sh cc: Dr. Robert LaForte Chairman, Planning and Zoning Commission 2917 Crovdon Denton, T\ 76201 t F 1 w r^~ G: ae s 11at'~:.GC I .Ge. C _ =nner g: ♦ r k .Gt ? Faye recei:e'~ t:,e prep,csee anr;e>:at.C c reels r, vc F _ h C-T `s ~lNr G ~GCGr G~ a^ ..i-.c.eacres c. rtafe:ce -.cnr_r.c s s _ acreace. ...e t10^.eG, C' 2i!Car.t -t G add apprcxim&teI C days Of mowinc to our sc-nedule per 'riffs cost is estimated to be SEC-4.00 per year for maCuIS an:. eC'•l]L'^e^t. The cost woC1 remain Ie1ati.,ely fi};ed wr. n ..CJ percent increase added each 'Fear for t..ne succeed-'.^,C .wo e.'s to a t ird year cost of 51,045.00. If the streets are developed and curbed, the .;owinc wc'.:'._ 'r-e terminated. Please advise if you need any additional information. , Fobert K. Ticvner ItT 3~< . r ..xm^-~,-~..-.mr...~~ .ten-„~,~,--4•.^~-. T D 12 :i c. :eJlOT Pla^nEr Tl:e ore EE CCStS iCr e 81l'::6r:ct:C1 ^Tc'D ` aGJ annexed are ~mea-= CC'at 6trc-Et5 n ~G rEi,a1T req.,14-E =ate. tern - e atC a s ~i CCat e`.'e: t...~c `sears. G CC;tc ` St eets a^,Q Draa`e i j Fatc''n - 6612 FT Fo:.d u 1 25 mile 1 . 25 ~i.es x 5000/mi; .v'r- 4 6, 250/Yr i 2) Seal Coats - 6612'x24` 17,632 SY 6S1' x 1.00/SY - 3 $5, 900/Yr t 3) Costs-Drainage s Esti=ate 2 weeks wor}: x $1000/Day 10 day x $1000/Day TC-kL COST ST'r.EETS .1Z DF,:.I N1,G7 - X22 - R. £r.ineering and Inspection Costs; -~C,C;0 r ~hx ~.4 r~i3~ #W'.+4'aY'" *TON POLIct 'f`4; C?^>rltis `.,~tt,+^§, ear'^✓` r1s;`t^8•' FROM: Hugh .y;lc'.^., Ch a of Police 54= EGTs Prepzsed Annexations DAM march 6. 1464 In response to 'Cur ma:ncrandu^ of iel.- aY~' 3, it is CiffiC.1t t: Provide yc?u with the infcrt°aticn that you .avE requested cc'ii.rrninj police service to the pY^Tcsed annexed areas. a We are prts*ztly haying difficulty in providing the qualitl cf service expected of cur department to t!:e establis`.ed areas of the cit'•. This is d:ee to understaffing and to the lack of experieca on the part of so man: of our aryl officers. It is obvious that we are stretched to tie maximum tryirg to give the quality cf service to Denton and the rewly annemed €r.d prcpcsEd annn*_Ve areas of the city will certainly make our situation women. The additio:-al areas on the east side of ti-'E city rave already cuased o- ' ;Yrobiems for us is providing the level of service that the citizens have b*c=* accustomed to. :n order to continue to provide pCiice service at an a,-ce7tat~t level, we will have to increase patrol personnel b,v at :east :Cur toliCe of:_ce s and add twc Vehicles to the fleet. eir. dOdifiCnol CC5L will '^E the necesz.--- increasing the nun.-Er of f'e'd supervisory positions we now have by four. k are presently working with one supervisor in the field per shift. The receY: growth of the city has made is inpossible for one persor, to adequately su e- _:e • eight or ten patrol officers scattered thrcughcuL the cite. The inabiliL'' ' adequately supervise is fast approaching the critical stage. Th';, is due larpt;~ to a lack of experience in the patrol officer positions. The additional areas proposed should not be held fu11N• responsible for thew additional costs fozseen s'ithin the police departaent. The edditfena resources mentioned above are already needed due to past gros:th. l+e agree s:ith the need for annexations in an effort to control deve c._._._ 1 in areas adjacent to the City, but our resources are stretched to the li-14t i= 0,.e present and without some relief, . citizens ..re t:_nz tc fin~ themselves reCC7.r_ng -'el_Ce SE r:iCES WE S_;"lw__._ :7 t r. ...tlE tC -2r0 l'1Ct. i r 4 . I _ DMON POLICt AEPlt„+tTfE:+'? f C.4, -1cE S,:Ej-rC Prerc~ed exaticn i• additic a. am. E::Bt; i.'.E EcSt £1 E 0 is C: iclae :e E t °E , s :t >n t ,e r ',~.'R. .3Gu :..g }E1LGCr: iIE~ ^G ECL:IY. cnt " ;it = •r y8trict. 'c St.3Ff a C~5Lr1.., Ya C. a @' CE"5 c L'rEK~ re^'.:-Tes cvr officers i?}d cne velnic e. rr. Qttim ate Cf costs invcIvet are as f0~: r C.,,Ce C. ~CEr. , ^e°5C:'.c. EEr'. _wec t` 4 acf ne. Sti:pplies: > •:i [E.••:.CES G C, : involved in 1E~r_L~ G the annexaticr., k. " Pciice y e4~K , ~tYn^t °.'M''_i"i r 4aµ.^. M MORANOVIVI Y OATS: tttarch 7, .19E" y TO Charles Y,atkirig, Senior Planner FROM: Jack Gentry, Fire Chief SUBJECT; Proposed Annexations i 21 A The Fire Department is not op posed to annexation or future annexations as icr c as it is done in a i orcerly manner. The prc;posed locations for annexations six (5) and seven (7) as shop-,n on map could be covered :y -ta;ion at 3309 East McKinney, However, if there vrer e no +%ater mains and fire l-yd;•ants, '.tie could not handle a structure fire. 1 As far as locations eight and nine (9), it t~.ould be vlr.ost impossible to furnish proper fire protection. _ ) As you know, it v.ould not be financially feasi'.:-;e to go in even over the next three (3) years and build fr!'e stations, buy' apparatus and ec,ufpment, and furnish manpower. At tod6ys cost to build one (1; fire sub-station it would cost approximately one-half million dollars to buy ;and, build station, bLy apparatus and eeui~rnent, and an addi;ional 53:0.00 for personnel each year. In the five (5) year capital improvement procram ~Ne have fire sub-station r5 on line for construction in 14£5-£E. The location of this substation is some- where in the vicinity of Ridgeway and Teasley Lane, in the southeastern section of the city. 116'e will be proposing fire sub-station FE in 1969-90 to be located In the vicin;r. of Bonnie Brae and Windsor (in North Lakes Park). Currently we are looking at sub-station #7 in 1994 on 1-35E and 10ayhill Rd. the trend in growth continues in that direction, and then fire sub-station =c i" somewhere on 380 East if the growth continues in that direction as is now ar., - k: cipated. This station v.oulc probably come in late 1990. r: l ~a l~ Gentry r ..ri•e Chie` JG e a M'ag9Y^'?.1 t- •9 X x. ;b 9` yY 1v4h`FtrM t i 7~fis FOO 'i" "iT +Fi s~C sf'lts4 h[` ~sc~5';,,...: , Mwe►r...wry-v~..~.w+ew+~wswwwwa,wwwww.r.w+r♦.w~+♦+ww..r+rw www rrw,w.♦rrrr.►r,..r wr wwrr+.♦r•w rrrr♦rr 5 GhAraic r. K. Se„i0r Planner FROX E. S. Tullcs, cpsistant Director cf t lities C.Z' Narch 7, :cil r. .i.l CF the areas S~d~T~ are in dually' Ce:t ~e:. E E.'tr:C service s"Eaf VI:C.'.' :ate .e Sfl:'~`E~ iL:e De::tcn S--Stem Cr ' eX&S TCc-er and :iy^:t. i;'ere are no public costs i~•'CI:E fcr electric teT~'iGt. Eowever, all existin6 public streets in; elved vit'i a-,;•• a-naxst;on will eventually require street lighting facilities. Tie "t:lity de;art~snt pclicv is tc install street lighting on ;%'^I.c Streets at A-trc%4-ate k ' _2G^V int@rvals upon request where ve have Eiistinc z-verhead clectric facilities. Tae estir,ated installation cent per 1ic`.t is 52CG (~.-s budget) and eperctin£ cost is 5110/Fear ene:4: mac. er^ .er.t ucEet) assuLning that fixture sizes are mixed with ~O% IL---eing !cc Vatt and other kne being 24 C- watt. +t is reco-.eneed .'.at t?1efe c:5.s be escalated E` t annually. if the Denton -%micipal electric facilities are nct :cnstructed into these areas, then general govern^ert would 'need to contract fcr street light service with Texas "rower and l:Fht as de^•ar.dec t}• the residents. M es cc: Bob Nelson File r/ jL 4 7 i CITY COUNCIr4 AGENDA PACK-UP SUMMARY SHFET MEETING DATE: May 220 1984 SUBJECT: Hold a public hearing on a proposed annexation of approximately 20 acres of land located along the east side of Swisher Road, (A-2) SUMMARY: The property in this case is located along the north side of Green Tree Estates which is a mobile home subdivision which has existed at this location for a number of ye&rs. The prospective developer of this tract had a pre- design conference with the Development Review committee and indicated his desire to develop a manufactured housing subdivision on 10 acres of land and he plans to divide the property into 45 lots, However, the lots would only be approxi- mately 7700 square feet in size which is insuf- ficient for County Health Department standards n view of the fact that it was planned that this would be served with septic systems and with a well, After advising the prospective developer of this information, we have not heard from him again. Because no actions have taken place wits, respect to this property, it may not be necessary to annex this land at this time, ACTION REQUIRED: Hold a public hearing ALTERNATIVES: 1, Hold a public hearing 2. Discontinue annexation proceedings SOURCE OF FUNDS: Departmental budgets RECOMMENDLTION: In view of the fact that ro actions have taken place with respect to this parcel of property, we could discontinue annexation proceedings. In the event that development is again proposed foc this property, we could again begin the annexation procedure. EXHIBITS: 1, Service plan 2. Map Charles Watkins J^'~ Senior Planner 0508g PLAN OF SERVICE FOR. ANNEXED AREA] CITY OF DENTON, TEXAS WHEREAS, Article 070a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic floe, etc,) will begin on the effective date of annexation. (2) Routine maintenanoe on the same basis as in the present city, will }~agin in the annexed area on the effective date of annexation, (3) Reconstruction anet resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, }i, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc„ on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy g%iide- lines as, (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year -he annexation area will be judged accordingly to the same established criteria as all other areas of the city. rt = - ~ ...~;r,~w,naarrv G F70k'r.:• r R ti N _ 1 - ,I J 1 h G • ~:r,l.. --,~:-~L~'r:~c~t•r_M'rc~r~raPnut^la 0 to j ri t. 0 r- t , r CITY COUNCIL AGENDA BACK -UP SUI~RY SHEET MEETING DATE: May 22, 1984 SUBJECT: Hold a public hearing on the proposed annexation of approximately 522.76 acres beginning 350 feet south of and perpendicular to the center line of U.S. Hwy 380. (A-3) SUMMARY: There are two separate developments proposed within the area to be considered for annexa- tion. There is a 280 acre tract of land which is located north of Mills Road and on both sides of Grissom Road where a 50 acre mobile home park is proposed along with the balance of the prop- erty being proposed for site built houses on lots of at least one acre in size. Another development is proposed on the east side of Grissom Road and this is a 130 acre tract of land which is proposed to be divided into 6,000 square foot lots in all probability for owner occupied manufacturing housing. The developer of the 280 acre parcel of land has already begun some work with respect to development of the site built houses including installation of a water well and some water lines. It is antici- pated that 550 units will be developed on the 130 acre site, that approximately 200 site built houses will be developed within the 280 acre parcel along with an approximately 50 acre mobile home park. The roads servicing this area are county roads with only a sealcoat surface on Grissom Road and Mills Road simply consisting of a gravel road. The proposed land uses will generate substantial traffic on these roads. ACTION REQUIRED: Hold a public hearing AL'T'ERNATIVES: 1. Hold a public hearing 2. Discontinue annexation proceedings SOURCE OF' FUNDS: Departmental budgets ('See A-1 for fiscal impact assessment) Agenda Back-up May 22, 1984 Page Two RECOMMENDATION: Planning and Community Development Department recommends continuation of annexation proceed- ings, The Planning and zoning commission will consider this item at their next regular meeting. EXHIBITS: 1. Service Plan 2. Map Charles S, Watkins Senior Planner 0260s PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is-hereby adopted for the proposed annexation area the following plan of service: I, basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street mark.in1s, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city "lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,49 of appendix A of the code of the City of Denton, 'T'exas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the r:ity will be extended to the annexed area within one month after the effective date of annexation. 1 Service Plan Annexed Areas Page two I F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as to the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Denton, for electric power, Service Ptan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical resvr.aints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. , • Iri _ c r. r: t I+i r, n u G 0 U I1 6 ~ U I` U Id 7 F P If`E ~ If II b f. (I L 4 h L' 4 u a t~^- { •FI]O RIO A Q. a 0 ai p I ` `ft : b 0 \ 9 • \ X \ n ~ I J J `1 <l l 1 l , BLIGHTED AREA DESIGNATION PUBLIC HEARING The City of Denton will conduct a public hearing at the 7;00 p.m. City Council meeting on Tuesday, May 22, 1484, to discuss the designation of eligible blighted areas for the receipt of industrial development bonds. Supporting documents are included in the resolution and 5,30 p.m, work session sections of the agenda backup materials. tl'1'Y WUNC11., i1C~LNDA ~ IsAcl:-UN SUNWARY hh~sL`V MEETING DA'Z'E t play 22, 1984 SUBJECTt .%doption of an ordinance atld service plan annex- ing approximately 25.99 acres of land located east of the existing city limit along Highway 377, south of Brush Creek Road (Z-1641) SUMMARYi At the time this parcel of land was proposed for annexation an estate type subdivision was pro- posed on a parcel approximately 53 acres in size with a little less than half of the proposed :.u`:±iivision being in the existing city limits along Highway 3'17 and with the balance of 25.99 acres lying outside the city limits of Denton. A preliminary plat was submitted on this piece of land, however, at this time this particular tract of land has been sold to Mrs. Jo Storer. Mrs. Storer intends to have a 172 acre unified development in this area which would include this parcel of land. Mrs. Storer at this time is tentatively proposing residential development with a typical size of one-half acre .,nd also proposing several lots which would consict of at least one acre in size along with a recreational area and a townhouse/condominin,um land use. RECOMMENDATIONi Because the ownership of this land has changed and the proposed land use calls for a unified development on 172 acres of land, it is the staff recommendation that no action be taken on this proposed annexation at this time so that staff can review the new proposed development in this area. When the Planning and Zoning Commis- sion reviewed this item, they were unaware that the land had changed hands and recommended approval of the 25.99 acre annexation. ALTERNATIVESt 1. Approve the ordinance and service plan 2. Disapprove the ordinance and service plan 3. Take no action on the ordinance and service plan 4. rable this item for future consideration EXHIBITSi 1. Ordinance and service plan 2. Aap C ar es S. Wat ins Senior Planner 0526a AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE cin' OF DENTON, TEXASr BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTIVG OF APPROXIMATELY 25 99 ACRES Cw LAND LYING AND BEING SITUATED IN THE COUNTY OF DENT"ON, STATE OF TEXAS AND BEING PART of rHE H. H. HAYOOOD SURVEY, ABSTRACT NO. 517, AND THE WM. HUCSON SURVEY, ABSTRACT NO. SM DENTON COUNTY. TEXASr CLASSIFYING THE SAtiE AS AGRICULTURAL "A" DISTRICT PROP£RTYi AND DECLARING AN 9FF'ECTIVE DATE, t,Y.EREAS, the request for annexation was introduced at a regciar meeting of the City Council of the City of Denton, Texas, on the pe:itiun of the City of Denton, Texas; and '+-'-MMAS, an opportunity was afforded, at a public hearing held for that purpose on the 4 day of , 1964 in the Council Chambers for all interested persons co state their views and present evLderice bearing upon the annexation provided by this ora:r.ancer and hY.EREAS, an opportunity was afforded, at a public hearing held for that purpose on the ''r` day of r". - 1g84 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinancey and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearingsr VOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS! SECTION f, That the hereinafter described tract of land be, and the same is hereb; annexed to the City of Denton, Texas, and the same is made 'nereby a part of said City and the land and the present and futu:e inhabitants thereof shall be entitled to all the rights and privileges of other citizens cf said City acid shall be bound by t''.e acts and ordinances of said City i.ow in effect or which may hereafter be enacted and the p:cperty situated therein shall be t0 io t'..: 1:0]1 its 'j.e t'ne _.ty :"ce tva:t ian:i ,e:ei;y arir,Lx_i :asor.ted ds All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the H. H. Haygood Survey, Abstract No, 517 and the Wm, Hudson Survey, Abstract No, 586 and more partic.ilarly described as followsi BEGINNING at a point in the present .ity limits as established by Ordinance No. 69-40, Tract III, said ptiint lying 500 feet east of and perpendicular to the centerline of U. S. Highway 377 and in the north boundary line of the said Hudson Survey, same being the south 'boundary line of the said Haygood Survey: THENCE north 28'09'10" east, 500 feet east of and parallel with the centerline of said Highway 377 a distance of 2476.73 feet to a point for a turner in the east boundary line of a tract conveyed to Dr, Joe W. Rhoades by deed recorded in Volume 639, Page 486 of the Deed Records of Denton County, Texas; THENCE south 0'48'30" west along the east boundary line of said tract a distance of 526.18 feet to a point for a corner: THENCE south 86'58'43" east a distance of 2",84 feet to a point for a corner: TYSNCE south c- 56'04" west a distance of 1392,23 feet to a point for a corner; THENCE south 77414'30" west a distance of 1193,78 feet to the place of beginning and containing 25.99 acres of land, more or less, SECTION 11. The stove described property is hereby classified as Agricul- tural "A" District and shall so appear on the of!'icial zoning map of the City o' Denton, Texas, which map is hereby amended accordingly, SECTION III, This ordinance shall be effective immediately upon its passage, Introduced before the City Council on the AL day of , 1984. PASSED AND APPROVED by the City Council on the day of 1984, FM-HA-RD O, STEWART, MAYOR CITY OF DENTON, TEXAS .ATTEST: CHnR,OTTE ALLE;C, CI1Y SECRETARY CITY OF DE1.:0N, TEXAS APFF.OVED AS -0 LEGAL FOP-A:: TAY-OR, JR., C:T'i A'CTCR\E2' P'i , PLAN OF SERVICE OR ANNEXED AREA CITY OF D NTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is cont inplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided aL city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Server (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, 11 Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective dace of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established ~licies of the city, G. Inspection Services (1) Any inspection services now provided by the pity (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexati,_n area on the effective date of annexation, H. Planning and Zoning (1) 'Che Planning and Zoning jurisdiction of the city will extend to the annexed area on the effec-:ive date of annexation. City planning will thereafter encompass the annexed areal I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan 0 Annexed Areas . Page three L, Nlisoellaneous (1) Street name signs where needed will be installed within approximately 0 months after the effective date of annexation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. t I { 1~1!!r r Ili ' rl~~i * ' d 0 F,.1 ~ is~ p I i,J~ 1 •rEl!~tU 11{trill f • i3 FAS r.9 E ' iitEf I I0 1.' j l~4o.s E V` * 03 r';r V t ' } or k . -MoyhIII ,rrp CoIn mw ii coo* 2449 Rd • t 1 n • + ri Ckru Rd ofk w • , r • • Leni c off !1 Rio./ • ~ J R>rotl • ' Poo Nd 1 0/ : W f S~ 3T7 O RINTW 1y ! / • M • • POP C lrruf,hy ~ 'A r 1 'aa • o • ~ r ~ ~ 6kory+pr#ok Ado KU W P1407` ItN09 . Alt wli i wk h ' . LNowlb ~3$ ! oAnson w y,,~ • I fi`i 4 3 1401 d I- /Al Ion 4 , _ ~ . f 1 • 11 / ~y ~t~f ~e . ' a, tie', ~ rw r e ~ o, ~ •r Jv'y`.'. _ 2181 lbeff • ~ • • • ~ ~ ' o - • ~_-.~,~C t ! {~`l 14 CAS •~e~ ~ 1 !iIl it •7 4 ~ AR Y!E';. ~ ~ • f41a•ka N R}._R_~ • r P~ 4i3 I • • . • i,l) ~ 'n r ~'1 w F}ti• N RI Old J~LStih • lo• o a Ch12Hlif £t , r y OM 0o v 1 s. ~ R4 it . • b •1O1''1O• RI i • $ \ • C'~: ~ • a ~ ~ rA S 40 407 • • r; °u • 1 • f`-. . r R drtn Rd • A) • w S'b ner Ridge Rd. vo v X e t h R 4 07' 41 Is U N'J I l L E • • JIBJB A 0 c.. • • •Jeler fide ~ ' v e 7 c } f ~!,c' •1 . . -r~r.a an.n ;lr,!Wt JIM- 6 .E. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATES May 22, 1934 SUBJECTi Adoption of an ordinance and service plan annex- ing approximately 75.21 acres of land located west of I-35W and north of Corbin Road (Z-1645) SUMMAkYt Adoption of the accompanying ordinance and ser- vice plan will accomplish annexation of the 75.21 acre tract shown on the attached map, ACTION REQUIREDi Adoption of the ordinance and service plan (REQUIRES SIX (6) AFFIRMATIVE VOTES) ALTERNATIVESt 1. Adoption of ordinance and service plan 2. Disapprove ordinance and service plan 3. Table the ordinance and service plan RECOMMENDATIONi The Planning and Zoning Commission recommends approval. EXHIBITSi 1. Ordinance 2. Service plan 3. Map Charles S, Wat ins Senior planner 0526a No, AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TE;:AS1 BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 75,21 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OR THE 0. BREWSTER SURVEY, ABSTRACT NO. 56, AND D. DAUGHERTY SURVEY, ABSTRACT NO, 357, DENTON COUNTY, TEXASt CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the city of Denton, Texas, on the petition of the City of Denton, Texast and YlHFREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of 14 , , t, 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance: and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of , 1., . 1,, , 1984 in the Council Chambers for all interested persons to state their views and precant evidence bearing upon the annexation provided by this ordinance: and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SECTION 1. That the hereinafter described tract of land be, and the same is hc-reby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be sut, t to an,: shall 'dear its prorata part of the taxes levied by PAGE :l,E the City. The tract of land hereby annexed Is described as follows, to-Witt I i All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being port of the 0, Brewster Survey, Abstract No, 56 and the D. Daugherty Survey, Abstract No. 357 and being more particularly described as followst BE0214NING at a point in the present city limits, said point lying at the intersection of the west boundary line of, the tract described in ordinance No, 69-40, Tract II with the southeast corner of the tract described in Ordinance No. 80-56, said point also lying 500 feet west of and perpendicular to the centerline of I.H. 35-W; THENCE south 20450'12" west along said present city limits as established by Ordinance No, 69-40 and 500 feet west of and parallel with the centerline of I.H. 35-h', passinq at 1427,62 feet the south boundary line of a tract described In deed recorded in Volume 725, Page 365, same being the north boundary line of a tract described in deed recorded in Volume 725, Page 370 of the Deed Records of Denton County, Texas and continuing for a, total distance of 1676,17 feet to a point for a corner; THENCE south 26°51'40" west along said present city limits and 500 feet west of the centerline of I.H. 35-W, a distance of 1605,49 feet to a point for a corner in an east and west road, same being the south boundary line of said tract; THENCE south 89'55' west in said road, same- being cue south boundary line of said tract a distance of 406,14 feet to a point for a corner, same being the southwest corner of said tract; THENCE north 0°33'45" east along the west boundary line of said tract a distance of 1670.98 feet to a point for a corner, same being the northwest corner of said tract described in deed recorded in Volume 725, Page 370, said point also being the southwest corner of said tract described in deed recorded in Volume 725, Page 365; THENCE north 2°42' east along the west boundary line of seid tract a distance of 1322.74 feet to a point for a corner in the present city limits, said point being the southwest corner of the tract described in Ordinance No, 80-67; THENCE south 89°49' east along said present city limits, passing at 868,80 feet the southeast corner of the tract described in Crdinance No. 80-67 same being the southwest corner of the tract described in Ordinance No, 80-56, and continuing for a total distance of 1661,22 feet to the place of beginning and containing 75.21 acres of land, more or less, SECTION 11. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on t'ne official zoning map of .'ne C y of Dantean, Texas, 0-,ic'n ra,r, is hereby amen6ed a r_C nqI PAGE T1; C. SECTION III, This ordinance shall be effee,:ve immediately upon its paasage. th Introduced before the City Council on the 14P day of 1984, PASSED AND APPROVED by the City Council on the day of 1984, Ti "G , CITY OF DENTON, TEXAS ATTESTI CHARLOTTE ALLM ~ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMr c, J. 'TAYLOR, JR „ CITY ATTORNEY CITY OF DENTON, TEXAS BY1 iAGE ;'HREE 1. PLAN OF SERVICAOR ANNEXED AREA,CITY OF IINTON, TEXAS WHEREAS, Article Ma as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, CHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) {Vater for domestir,, commercial and industrial use will be provided at city rates, from existing; city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annoxed areas will be connected to sewer lines in accordance with article 4.0.0 of appendix A of the code of the City of Denton, 'T'exas. E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. 1 1 Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effo ctive date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all, existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Denton for electric power. 11 1 , Service Plan Annexed Areas Page three t„ Miscellaneous (1.) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, 11, Capital Improvement Program (CIP) The CIP of the City consists of a rive year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lilies as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. i j _ 1 I / f L l L l f ~-_C QRB_I N: RD x. , 1',1 ~4t~a •~^,W~ yY 1'. SC, f.. 1 ~T.'v. ! ul.p:. >..3 V .r. Ilk. r N0. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNLXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TE,YAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION I. On the day Of , 1984, at 7:00 o'clock P. M. in the City Council Chambers of the Municipal Building of the City of Denton, Texas, the City Council wi'.1 'old a public hearing giving all interested persons the right appear and be heard on the proposed annexation by the City of douton, Texas of the property described below. On the day of 1984, at 7:00 o'clock P.M. in the City uouncil Chamoer `ot the Municipal Building of the City of Denton, Texas, the City Council will hold a public nearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit; All of that certain 9.OL5 acres of land, a part of the Samuel McCracken Survey, Abstract No. $17, in Denton County, Texas, and being a part of the 152.542 acres conveyed to Massey and Wilson by deed of record in Volume 772, Page 903, in the Deed Records of said County, and this tract being described by metes and bounds as follows: BEGINNING on the east line of said 152.54 acre tract at the southeast corner of 11.0 acres conveyed co Pruett by deed of record in Volume 845, Page 598, in the Deed Records of said County, for the northeast corner of this; THENCE south 02°51'06" west 839.4 feet with the east line of said 152.542 acres to a northeast city limit line of the City of Denton, Texas, which runs parallel to and 600 feet northeasterly of the centerLine of proposed Loop No. 288 for the southeast corner of this; THENCE. north 57011'25" 803.0 feet with said northeast city limit line to an internal corner of said city limit Line which is 500 feet southeasterly of au right ang Les to the centerline ci 5'nerman Drive or F.M. `Lgnway No. 428 (this line running, parallel to and 600 feet at right angle from the centerline of the pro- posed Htgaway Loop Uo. 235); to the southwest corner of this; ;HFNC"c, north 29°37'08" east 475.0 feet running oaraLLel to and 3DO feet at right angle from the centerline of F.M. 11L~hway ;:o. 28, to the north line of the remainder of the 15'.:)4' acres, We;,tioned above and the south line of the Pruett 1L,0 acres aer,ticned above far the northwest corner of tnis; aouth 3S'50'32" :ast feet to the place of beginning. Cho ,favor of t+-,e CLt.': enton, 'texas, is here")% authorized _1:16 ,irec-ed to cause notice of such public hearing to be A-,,/PAGE ONE, :1 t`},ty :cX"'"1`~ ~'~t }1 ~.~5y~♦ yL ~pyA.!^it^+~,'.."q~ i~«~4~s..,~1b,V~s~G.~'•? ?j• Iii-~~M`. M WA'+ `t'ir.• Aj ~~1 i:A "i ..i •^r Lt.L. '.7'C 4~ ....r: ~ Y~.:.~~•. .`;i`Y. 'r. .t ~~.Tjt published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970x, Vernon's Texas Civil Statutes), SECTION III, This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1984" RICHARD 0. KAYUK CITY OF DENTON, TEXAS ATTEST; CRAR=k E-A= , n CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTONI TEXAS BY: n•4,''P.aG h' T1~0 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNE.KATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT; The City of Denton, Texas, proposes to institute annexacion proceedings to alter the boundary limits of said City to add t:,e following described territory to the corporate limits of the City :f Denton, to-wit: All of that certain 9.015 acres of land, a part of the Sam-*! McCracken Survey, Abstract No. 817, in Denton County, Texas, s--d being a part of the 152.542 acres conveyed to Massey and Nilson :y' deed of record in Volume 772, Page 903, in the Deed Records of s,*Sd County, and this tract being described by metes and bounds as follows: BEGINNING on the east line of said 152.542 acre tract at the soctx- east corner of 11.0 acres conveyed to Pruett by deed of record :n Volume 845, Page 598, in the Deed Records of said County, for tt,e northeast corner of this; THENCE south 02°51'06" west 839.4 feet with the east line of fai 152.542 acres to a northeast city limit line of the City of Den:;.z., Texas, which runs parallel to and 600 feet northeasterly of t'.e centerline of proposed Loop No. 288 for the southeast corner of t:.s; THENCE north 57°11'25" 803.0 feet with said northeast city .t line to an internal corner of said city limit Line which is 500 :BEt southeasterly of at right angles to the centerline of Sherman 0--.ve or F.M. Highway No, 428 (this line running parallel to and 600 feet at right angle from the centerline of the proposed Highway Loop 288); to the southwest corner of this; THENCE north 29°37'08" east 475.0 feet running parallel to and iJ0 feet at right angle from the centerline of F.M. Highway No. 428. to the north line of the remainder of the )'02.542 acres mentioned L.:ve and the south line of the Pruett 1L.0 „r.res mentioned above for ::e northwest corner of this; THENCE south 88°50'32" east 482.0 feet to the place of beginning. A Public Hearing will be held by and before the City Ccunci: :f the City of Denton, Texas, on the day of at 7;00 o'clock P, M. in the City Council Chambers of the Muni.-_-.&I Building of the City of Denton, Texas, for all persons interestec in the above proposed annexation. At said time ahd place all a_ch persons shall have the right to appear and be heard. Of all >s-,'d matters and things, all persons interested in the things and mac:_rs herein mentioned, will take notice. A Public Hearing will be held by and before the City Counc:'_ :f the City of. Denton, Texas, on the day of at 7 ;00 o'clock P. X. in the CLty Council Chamber of the Muni__: r.l Building of the Cit•,, of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all >-ch persons shall have the right to appear and be heard. Of al'. a-id ratters and things, all persons '_nterested Ln the things and aa_:_rs herein mentioned, will take notice. il` L~"ui, y,rlJTr' ;`tdriZutt CITY OF DENTON, TEXAS ATT`'Si urtnt(L67K Ln, LCrTY MCKKETARY '~,.i'I:' Cy. 31Ye1 t1.Y 1•Fi, `~jTV!.7,T~YNf~ .tUrr • .i .:I: ..~r1~4'i111~\ i31Ai4~.Y+F. -1980 CENSUS TRACTS f . r ..tfl:i t$ •f ~ ! V • 1 l Y 1 ~ SS ±re~, .f. >y •,•~r.. \'af/~ ati.'.WY-11w f.l ..M1<Y,•.l. J..IL r~,rM i.. ..4r`>•f\.1 ~?111:'•.. 205.01 Iklltl'"l i.,. rl 205.02 HII 204,02 4 0., 0 n r ,,11 L ,,1„1,5\ 11(11431 11111111111111 1 Illl ll 11131 111. 111111111111111111 N5j1111111 111 1 11115 14111j11j11 5 pC -1 f J C I ; Y w, 200.01 204.03 x 206.0,2 ' N Y. 1111111,1 IIIL` ~ I 111111111111, 111'11 1!,1111111 l1f 111111111.IIH 1111111 « I+7 r N(',h hli al Yr 20 / iO4p [S I/R1111111111111111131111111111111 f 11111,1 1111111111141 1111111141111hn1~ 11'I,lulrnl„r nlcnul~f s.. I Ir„ 1j 1 2.10 : 21 1 l' 11111,11111 It -1111 11 J L _ 212 208 c 209 ' ' ~.,r.~ / nn,nntLunlnnu}~~~"~h Jyt 'if,c C_ . I// f I' \ 213 J'JfJ % 1 , ~ ~ ~c r J\J ~ `t 11r 1, r ~ 11.111111111111111 11111111111 1111 1.11111 .•~•1lll lllllr. I-' .1,11 3111, 1111,1: / I 1 A;PNEXATION SCHEDULE: i,-4 (Ho2lot;ay) May l: 19 _ Submit r_ ienaa back-up . `'!•~r.'V 2 1984 CA ty CoL 1IcI e t s uatC'I ti??. E'I anl? C-'cce fC'r l l'l:blic t',ear?n€S II ' l a y 1 ° F 4 NC)Iice tc' L'em on nC'COrd C:'IrcI',lr1e "rC~ r871 i may 21I 1~ 4 - SitI-,iI 2 Cerlda lt'errl 'lay 1T14 - Submit a~enca lack'I:;, ~ Jun C 1914 - City council `,C'1ds ,u`.`1ic Warl11, 1'11 r' n .r! Re Chrm 1e and raAJ -t'' •!it n CA 16F4 - ]"I;11iA not .ce jun ! 1514 - Submii 2Cend iter, Jun 1 1T,E4 - Submit agenda Wcl: U1i ~tln 1~, lobti - City Council hc3ds public h e a r i n .'U1 C;2 11:F4 - Submit agenda item J C 19F4 - Subr:ii agenda bacl:-up ";Jul U, 1 S F 4 - Cit\• COUncil instliute5 ai'Inexatson procee'din s Jul 11, 1 9 F 4 - Ordinance to Denton Record Chronicle Ju1 1`84 - Publish Ordinance Aup 1 1Pfi4 Submit agenda item A,t:14 1 °.•4 - Submit agcr~da back up tl 1~'F' - C.,y Council r:cticr, c;..:s C';\ C.',.;ci1 action CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: May 225 1984 SUBJECT: Adoption of an ordinance repealing and re- enacting Article III, Chapter 23 of the Code of Ordinances of the City of Denton, Texas, re- lating to mobile homes, mobile home parks and travel trailers; providing a penalty of a fine not to exceed two hundred dollars; providing a severability clause; repealing all ordinances in conflict herewith; and declaring an effective date. SUMMARY; In accordance with the last study session the forty one (411) foot collector street require- ment was deleted. All internal streets are nor- required to have a thirty four (341) foot width. The radius of a cul-de-sac was reduced from sixty (60') feet to forty (401) feet to be in harmony with the subdivision regulation stan- dards. Although, state law requires tie downs for mobile homes, a statement was added to re- quire tie downs. ACTION REQUIRED: Adopt the ordinance. ALTERNATIVES: 1. Adopt the ordinance 2. Disapprove the ordinance 3. Modify the ordinance and adopt 4. Table for additional modifications SOURCE OF FUNDS: Fees RECOMMPNDATI0N, The Planning and Zoning Commission unanimously recommends approval, EXHIBITS: 1, Ordinance 2. Planning and Zoning Commission Minutes Jrles 45w'_~t ins Senior Planner 0252s 571L(28L) NO. AN ORDINANCE REPEALING AND REENACTING ARTICLE 111, CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELA'r11VG To MOBILE HOMES, MOBILE HONE PARKS AND 'TRAVEL TRAILERS; PROVIDING :t PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS' PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES TN CWLIC'r HERE- WITH; AND DEC!.AR1NG AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1148: SECTION 1, 'That Article 111, Chapter 23 of the Ccde of Ordinances of ^~,e City of Denton, Texas, heretofore effectiie, is hereby repealer and reenacted in its entirety to hureafter read as follows: ARTICLE III, MOBILE HOMES, MOBILE HOME PARKS & TRAVEL TRAILER: Section 23-22, Definitions For the purpose of this article, certain terms, words ar,d phrases shall have the meanings indicated, went. Any person authorized by the licensee of a mobile m.m,e park to operate or maintain such park. Building Official, The legally designated inspection author'.:y of the building inspection division of the public works departmez; or his authorized representative, City/County Health Director. The legally designated head the city and/or county health department or his authorLzec representative. Collector Streets. A roadway that collects traffic from L ::,:a. roadways and feeds the traffic to larger streets. Common Access Route, A private way which affords princi--al means of access to individual mobile home stands or auxiliar-: buildings. Drive-wgy. A minor entrance way off the common access rr :a within the park, into an off-street parking area serving one more mobile homes. Drying Yard, An area specLficalLy designated for use PAGE 1 residents for the purpose of hanging clothes out to ciry, usually approximately 2,500 square feet par one hundred (100) living units. Electrical Connection, The connection consisting of all wiring, fittings and appurtenances from tahe disconnect box to the distribution system within a mobile home or travel trailer, Front. That part of the mobile home apace which abuts the common access or private drive, if double, the owner shall elect which one is the front, and such an election shall be stated shown on the final plat. Internal Street. Same as Common Access Route. License. A written license issued by the city building official permitting a person to oprate and maintain a mobile home park or travel trailer park under the provisions of this article. Licensee. Any person licensed to operate and maintain a mobile home park or travel trailer park under the provisions of this article. Local Street. A street that gathers local traffic from a residential or other low intensity area and transports it to collector streets. Mobile Home. A moveable or portable dwelling constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation; further a single-family dwelling unit suitable for year-round occupancy and which has pro- vision for compliance with the applicable code requirements for dwellings. Such vehicle shall be eligible for registration and licensing by the State of Texas for being transported, on the public streets and highways. Mobile Home Park. A unified development of mobile home spaces, or stands arranged on a tract of land under private ownership, meeting all requirements of this article. Mobile Home Subdivision. A unified development of mobile home sites or lots which have been divided for the purpose of individual PAGE 2 ownership, and which is governed by the provisions of the subdi- vision regulations of the City of Denton. Mobile Nome Lot. A parcel or tract of land for the placement of a single mobile home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the planning and zoning commission of the city. Natural or Artificial Barrier. Any creek, ravine, pond, rail- road, fence, hedge, or similar physical separations which prohibit a direct view from outside the mobile home park. Parking. Space. A minimum space nine (9) feet in width by twenty (20) feet in length, located within the boundary of the mobile home space for the purpose of automobile storage. Park Occupant. One who occupies a mobile home or travel trailer within a licensed park. Permit. A written permit or certification issued by the building official permitting the construction, alteration, or extension of a mobile home park or travel trailer park, under the provisions of this article and regulations issued hereunder, Person, Any natural individual, firm, trust, partnership, association, entity, or corporation, or any combination thereof. Pickup Coach, A structure designed to be mounted on a pick:: or truck chassis with sufficient equipment to render It suLtabla for use as a temporary dwelling for travel, recreational anu vacation uses. lay round. A tract or parcel of land one to four (4) acre, in size which is reserved and designed primarily for a children'i play area, and equipped with conventional playground facilities such as swings, slides, etc,, in addition to larger facilLtirs such as ball£ield or adult eecreacion area, Plot Plan. Graphic representation, deawn to scale, in ► horizontal plane, delineating the outlines of the land included the plan and all proposed use locations, accurately dimensioned. PAGE 3 and indicating the cola, ion of each use to that adjoining, and to the boundary of the property. Re iu ster. A well bound book, kept legibly covering all pertinent information required by this article. Replacement. The act of moving one mobile home from its existing stand and replacing it with another mobile home. Screening Device. A solid masonry or wooden wall or fence, a woven wire or chain link fence with metal strips woven through the mesh to form a solid screen, a woven wire or chain link fence wit- evergreen shrubs forming a sight screen. Service Building. A structure housing toilet, lavatory, ax such other facilities as may be required by this article. Sewer Connection. The connection consisting of all pipes, fittings, and appurtenances from the drain outlet of a mobile h:me or travel trailer to the inlet of the corresponding sewer service riser pipe of the sewage system serving the mobile home park, _r travel trailer park. Sewer Service Riser Pipe. That portion of a sewer service which extends vertically to the ground elevation and terminates a mobile home or travel trailer stall. Site. Same as stand, unless otherwise stated in the paragra;a. Site Plan. Same as plot plan. Stall. Thoc limited portion of the mobile (tome stand whicn has been readied for the placement and use o:: a mobile home _c accordance with this article. Stand. An area within the park which has )een improved for i single mobile home or travel trailer as p,ovided in this article. Subdivision Ordinance. The rules Mid regulations govern-.-S the platting, subdivision and developmem: of land within the Cit-r of Denton. Tot Lot. A small parcel of land, usually one-half (L/2) acre or less in size, designed as a children's play area and eyuipfe•i PAGE 4 with swings, slides, merry-go-rounds, and similar facilities. Travel Trailer, A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, selfpro- pelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of not more than 4,500 pounds and having an overall length of not more than twenty-eight (28) feet, Travel Trailer Stand. A parcel or area of land for the place- ment of a single travel trailer and vhe exclusive use of its occupants and which i~ ?ocated in a travel park approved by the planning and zoning comm.sslon of the city, Travel Trailer Park, A unified development under private ownership designed primarily for transient service, on which travel trailers, pickup coaches and self-propelled motorized vehicles, are parked or situated and used for the purpose o supplying to the public a parking space for such vehicles, meatint all the requirements of this article, Water Connection. The connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a mobile home :)r travel trailer. Water Riser Pipe. 'Chat portion of the private water service system serving a mobile home or travel trailer park, which extend: vertically to the ground elevation and terminates at a designated point at a mobile home or travel trailer space. Zoning Ordinance, The comprehensive zoning ordinance of the City of Denton, being Ordinance No. 64-01, as amended. Section 23-23, Permit Exceptions No permit shall be issued for the construr,cton or occupancy ~f a permanent residential structure in any mobile home subdivision, mobile home park or travel trailer park, with the foLlowing exceptions: PACE 5 (a) One existing residential structure may be retained or or.* now residential structure may be constructed for t''ne occupancy of the owner or agent of the park or subdivision. (b) An existing residence may be converted to a clubhouse, community center or service building for use by the resi- dents of the mobile home subdivision, mobilo home park, cr travel trailer park, Section 23.24, Permits Required it shall be unlawful for any person to construct, alter -:r extend any mobile home park or travel trailer park within t,-.e limits of the City of Denton unless he holds a valid permit issue-_4 by the building official in the name of such person for tae specific construction, alteration or extension proposed, Section 23-25. Application Requirements (a) All applications for permits shall be made upon stanch:: forms provided by the building official and shall contain following: (1) Name and address of the applicant, and of owner, (2) Location and legal description of the mobile home parmk or travel trailer park. (b) To this application shall be attached ten (10) copies , the plot plan and construction drawings drawn to a standard scare on a standard twenty-four by tnirty-six (24 X 36) inch sheet. plan and construction drawings shall include all data requl7e: under this article, One print of the plot plan is to be circuldce,z by the building official to each of the city departments or div:- slons designated. The plot plan does not replace or supersede .r:rv subdivision plat of the property required by state law to recorded in Denton County Plat Records after review and approvt: of the Denton Planning and Zoning Commission. Section 23-21). Permit Fees (a) Building Permit. All applications to the building offic:s; shall be accompanied by a fee of one hundred dollars (,$100.00) up to the first ten (10) stands and two dollars ($2.00) per sta.-__4 thereafter. PACE 6 (b) Plumbing Permit, The plumbing permit fee shall be two dollars ($2.00) per stand, (c) Electrical Permit, The electriccal permit fee shall be .wo dollars ($2.00) per stand. Section 23-27. Issuance of Permit. When upon review o,: the application, the building official is satisified that the proposed plans meet the requirements of the article and other applicable ordinances, and after four (4) complete sets of plans have been returned reflecting all changes requested by any city official, a permit shall be issued. Section 23-28, Denial of Permit; Hearing Any person whose application for a permit under this article has been denied, may request and shall be granted a hearing on .the matter under the procedure provided #n Section 23-51. Section 23-29. Reserved, Section 23-30, License Required. It shall be unlawful for any person to operate any mobile hone or travel trailer park witnin the limits of the City of Denton un_ess he holds a valid license issued for the current year by the city building official in the name of such person for Cho specific park. All applications for licenses shall be made in writing on forms furnished by the city building official, who shall issue a license unless the applicant is a valid holder of a certificate of occupancy, When a certificate of occupancy is revoked, the license is automatically void. Section 23-31. Application for Original License. Application for the original license shall be in writing signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of the License fee hereinafter provided, and shall contain: (a) The name and address of the applicant. (b) The location and legal description of the park. PACE 7 (c) A plot plan of the park showing all mobile home or travel trailer stands, structures, roads, walkways, and other service facilities. Before the original license or renewal is issued for the operation of any mobile home or travel trailer park, the -city building official shall be assured of compliance with all provi- sions of this articla. liobile home and travel t~ailar parks in existence and lawfully operating prior to the effective date of this ordinance may continue to operate as nonconforming parks upon application for and receipt of a park license in accordance with the above application procedures. The provisions of Article 22 of Appendix 8 to the Code of Ordinances of the City of Denton relating to nonconforming uses and structures shall apply to nonconforming parks licensed hereunder. Such parks shall be inspected at least once a year to insure the safety, health and welfare of the occupants of the park. Section 23-32. Application for License Renewal Application for renewal of licenses shall be made in writing by the licensee on forms furnished by the city building official, on or before October first of each year. Such application shall contain any change in the information occurring after Chu original license was issued for the lat,.st renewal granted. Section 23-33. License Fee All original license applications or renewals thereof shall be accompanied by a foe of two hundred and five dollars ($205.00) plus four dollars and ten cents ($4.10) for each mobile home stand or travel trailer stand in the mobile home or travel trailer park. The original fee shall be prorated on the nearest quarterly basis between the date of the origina: license a'nd October first of that fiscal year. renewal fees shall be due on October first of each year. Section 23.34. Licenses Not Transferable Licenses issued under the provisions of this article shall not PAGE 8 be transferred. A new license will be issued to any new owner upon compliance wick the provisions hereof, Section 23.35. Violations; Notice; Suspension of License Whenever, upon inspection of any mobile home or travel trailer park, the city building official, after consultation with the cit, official or officials he deems competeut to judge, finds that conditions or practices exist which are in violation of an.r provision of this article tie shall give notice in writing accordance with Section 23.50, to the licensee that unless suc:, conditions or practices are corrected within a reasonable pert..,: of time specified in such notice, the license shall be suspended. At the and of such period of time, the city building officia'. shall reinspect such park, requesting assistance from other ci., departments as may be required and if such conditions or practices have not been corrected he shall immediately suspend the licanie and give notice in wr'_t':%g of such suspension, to the licensei. Upon receipt of notice of such suspension, licensee shall cease operation of such park, oxcept as provided in Section 23-52, Sections 23-36/23-39 Reserved Section 23.40. Inspections Required The building official, the city-county health director, rc,e fire chief, the fire marshal, the police chief, the city onginear_ the diructor of utilities, and the tax assessor -collector or the;: representative are hereby authorized and directed to make sn:: inspections as are necessary to determine compliance with t.s article. Section 23-41. Entry on Premises The building official, the city-county health director, .~e fire chief, the fire marshal, the police chief, the city engine 'a-. the director of utilities, and the tax assessor-collectL , other city official shall have the power to enter at veasonal:'.- times upon any private or public property for the purpose PACE 9 inspecting and investigating conditions relating to the enforce- ment of this article and for the maintenance of the utilities. Section 23-42. Inspection of Register The building official, the city-county health director, tint fire cnief, the fire marshal, the police chief and the ta.i. assessor-collector shell have the power and authority in discnarl - ing their official duties to inspect the register containing t record of all residents of Lite mobile home or travel trailer park. Section 23-43. Duty of Occupants It shall be the duty of every occupant of a mobile home travel trailer within a licensed park to give the licensee, hi.e agent, or authorized employee access to any part of such park it roasonable times for the purpose of making such repairs or altert- tions as are necessary to effect compliance with this article. Sections 23-44/23-49. Reserved Section 23-50. Notice of Violations; Requirements of Notice Whenever it is determined that there are grounds to belter,r that there has been a violation of tiny provision of this arttcl+ the city building official shall give notice of such aLLe;t': violation to the licensee or agent, as hereinafter provided. Say:` notice shall; (a) He in writing; (b) Include a statement of the reasons for its issuance; (c) Allow it reasonable time for the performance of the act :t requires; (d) Be served upon the licensee or his agent; provided t::.e: such notice or order shall be deemed to have been prope_.t served upon such licensee or his agent when a copy there.` has been jent by mail to his last known adiress, or wut.n he has been served with such notice by an; method auct- ovized or required by the laws of this state; and (e) Contain an outline of remedial action which, if taken 'a effect compliance with the provisions of tnis article. Section 23-51. Appeal from Denial of Permit by the Building Official Any person affocted by the refusal of the building fficia' :o issue a permit under, the provisions hereof, may request and sits:; PAGE 10 be granted a hearing on the matter before the board of adjustmen., provided that such person shall file within ten (10) days after the day the permit was refused, in the office of the buildin; official, a written petition requesting such hearing and settta; forth a brief statement of the grounds therefore, Upon receipt e. such petition the building official shall forward it to the ci-i secretary who shall set a time o.ud placo for such hearing acid gi-rf the petitioner written notice thereof At such hearing t,-.r petitioner shall be given an opportunity to be heard and to she why such permit should be issued. Section 23-52. Appeal from Notice Issued by the Building Official Any person affected by any notice which has been issued connection with the enforcement of any provision of this article. by the building official may request and shall be granted a hearla:~ on the matter before the board of adjustmant, provided that s~:h person shall file within ten (10) days after the day the noti:r was served, in the office of the city secretary, a written pettt::n requesting such hearing and setting forth a brief statement of r-ne grounds therefore. The filing of the request for a hearing s'na:: operate as a stay of the notice and of the suspension. n receipt of such petition, the city secretary shall set a time place for such hearing and shall give the petitioner written not•.:e thereof. At such hearing, the petitioner shall be given an opo.:r- tunity to be heard and to show why such notice should be modiz.:3 or withdrawn. Sections 23-53/23-59. Reserved Section 23-60. Plot Plan The plot plan shall be filed as required by Section 23-25 ind shall show the following: (a) The area and dimensions of the proposed park with iden:.- fication of location and boundaries; (b) The number, location and size of all mobile home and tra:si trailer stands; PAGE 11 I (c) The location and dimension of driveways, roadways and walkways; (d) The location and sire of water and sewer lines and riser pipes; (e) The location and details of lighting, electrical and gas systems and semi-public telephone locations; (f) The loeacion of all water and sewer main lines and electrical lines and the dedication to the City of Denton of all necessary easements; (g) The locations of all existing an~ proposed '.ngs and structures; (h) Existing and proposed topography of the pro,, ark; (i) The locations of fire mains, including the size, the hydrants, and fire extinguishing equipment; Such other reasonable information as may be required ':.y city officials, Copies of the plot plan shall be circulated to the following city departments by the building official, and approval )btainec from them prior to issuance of a permit: engineering department, health department, fire department, police department, utilities department, tax department, and the parks and recreatt.n department. Section 23-61. P.equiremunts Any development, redevelopment, alteration or expansion of s mobile home park within the city limits of Denton shall be done in compliance with the following requirements: (a) Location: A mobile home or travel trailer park shall :e located only in designated zoning areas and with a specif:r use permit for that purpose, as provided and defined the zoning ordina,ce. (b) Basic minimum requiremwnts: (1) Area Requirements. There is no minimum area which aay 5e evo oped or used for mobile home park purposes, (2) 1tand R% rements, Each stand sha11 provide a m n mum A of Five thousand (5,000) square feet; however, no such stand shall be less than forty (41.") feet in width nor less than one hundred (100') feet in depth. (3) Screening. There shall be constructed and maintained a permanent screening device not less than six feet in height on all sides of the park except ',there PACE 12 natural barriers exist to form all or part of such a screen, or where roadways exist to create a traffic hazard. (A) 0 en Space Requirements. (a) The minimum front yard setback shall be fifteen (15') feet from the nearest corner of the mobile home oC travel trailer to the front line of the stand. (b) No mobile home or travel trailer shall be closer than fifteen (15') feet to any adjoining public right-of-way. (c) For other structures, the minimum front vard setback shall be at least fifteen (15') feet. (d) The minimum distance betwe,.n mobile homes and travel trailers shall be 0 F )ty (20') feet on the sides and sixteen (16') feet on the front and rear. (5) Height Regulations. (a) The height limit for any mobile home or travel trailer in the park shall be eighteen (18') feet. (b) The height of th•, mobile home frame above the ground elevation, measured at ninety degrees (90)')) to the frame, shall not be greeter than three (3') feet; and for travel trailers not greater than two (2') feet (6) Soil and Ground Cover. Exposed ground surfaces in all parts o every per shall be paved, covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating dust. (7) Dra~insge. The ground surface In all parts of a Dirk `sFialT be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy ;f drainage facilities shall be verified by a licensed professional engineer. There shall be an analysis and desiggn of the 100 year flood improvements to meet FEMA requiremants. (8) Design and Location of Storage Facilities. Storage cilitias with a minimum capacity o t two hundred (200) cubic feet per stand may be provided on :ne stand, or in compounds located with one hundred (10(',') feet of each stand. Storage facilities shall 1, e designed in a manner that will enhance the appearance of the park and shall be faced with masonry;, porcelained stool, baked enameled steel or otter material equal in fire resistance, durability and appearance, or of an equal material approved by t-,e b,ilding official. (9) Mobile Ilome Stalls. The area of the mobile home stall shall be concrete to provide adequate support for tae placement of the mobile home. PAGE 12 ....Iii (10) ~ParkinB . Every mobile home stand shall have two (2) oFF-streat parking spaces. Travel trailer stands shall have one. Section 23-62. Access and Traffic Circulation Internal streets shall be privately owned, built, and main- tained, and shall be designed for safe and convenient acc~sas to all stands and parking spaces and to facilities for common use of ? park residents. (a) Internal Streets or Common Access Routes. (1) An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of thirty-four (34') feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the park, public streets or, in the alternative, shall be provided with a cul-de-sac having a minimum radius of forty (40') feet. All other streets shall have a minimum radius at intersections of thirty (30') feet. No internal street ending in a cul-de-sac shall exceed -ne thousand (1,000') feet in length. (2) All streets shall be constructed of at least two inches of asphalt, six (6")' inches of lime subgrade and with standard or surmountable curbs. (Alternative materials for street construction may be approvec by the City Engineer as long as the alternative exceeds the standards in this section.) (b) Surfacing, Locaticu of Off-Street Parking. Off-street parking for at least two (2) vehicles per stand shall, be concrete and all other parking areas shall be constructed of all weather materials and located to eliminate interference with access to parking areas provided for other mobile homes, travel trailers and for public parking within the park. (c) Minimum Parkin Area for Vehicle Storage. A min mum parking area o one hundred an s xty (rb0) square feet } per mobile home space shall be provided for storage of boats or vehicles in excess of two (2) per mobile `.c=e unit to minimize on-street parking and to facilitate ^.e movement of emergency vehicles into and through the par:. (d) Maintenance of Internal Streets. Internal streets sr.sil he maintained free of cracks, holes and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other of of Denton inspections of the mobile home park or tou-,is t court. The inspections shall be made by the city eng'_:.eer and shall cover the hazards listed above. (e) Numbering, Naming o Streets. All streets within each parpar hn.!i ie-numoeref o r named in an approved manner. PAGE 14 traffic on those public streets. Design of the interior streets shall be approved by the Traffic Engineer with respect to horizontal and vertical alignment, access points to city streets, parking locations and internal access for emergency vehicles, (g) Posting of Signs. At each entrance to the park, an o gtteen noes y twenty-four inches (18" X 24") sign should be posted, stating Private Drive, No Thru Traffic'', The licensee may also post a speed limit sign on this same post. Section 23-63, Area Lighting Adequate lighting shall be provided in a manner approved b}' the director of utilities. Section 23-64, Installation of Telephone Lines, Semi-public Telephone, All telephone lines meeting the requirements of the telephone company shall be installed underground. A minimum of one semi- public telephone shall be provided in an easily accessible location twenty-four (24) houra a day, seven (7) day, a week, Section 23-65, Recreation Area All parks shall have at least one recreation area, located as to be free of traffic hazards, easily accessible to all park residents, and centrally located where topography permits, (a) Extent, Recreation areas and facilities, such as play- grounds, swimming pools, and community buildings shall be provided which in the judgment of the park licensee will meet the anticipated needs of the, clientele the park is designed to surve. Provision of separate adult and tot lot recreational areas is encouraged, (b) Size. Not less than eight percent (870) of the gross park area shall be devoted to recreational facilities, generally in a central location. In large parks this may be decur,tralized. Recreation areas include space for community builtangs anIL community use facilities such as adult recreation and child plat: areas and swimming pools but not including vehicle parking, commercial, maintenance and utilities areas. PACE 15 (c) Playground Location, When playground space is provided It shall be so cesignated and shall be protected from traffic, thor- oughfares an.i parking areas. Such space shall be maintained in i sanitary condition and free of dangerous conditions and hazards, Section 23-66, Water Supply (a) Ganaraljy. An accessible, adequate, safe, and potable supply of water meeting state standards shall be provided In eat:. park. Connection shall be made to the public supply of water accordance with Article V1, Chapter 25 of the Denton Code of Ordinances, (b) Water Distribution System. (1) The water supply system of the park shall be connects,; by pipes to all mobile home stands, buildings, acs other facilities requiring water. (2) all water piping, fixtures, and other equipment shat; be constructed and maintained in accordance with state and city regulations and requirements. (3) A master meter will be placed at the property line serve the park or individual water meters will :.a provided for each mobile home stand. If indiW.d water meters are used then the water system must ':e built in accordance with City of Denton subdivis~_o~ requirements, (4) A backflow preventer or vacuum break will be require-4 to be placed at the property Line on the discharge side of the master meter if the property is masce: metered. Bnyond the master meter, the City of Den;.:. has no maintenance responsibility. (c) Individual Water Riser Pipes and Connections, (l) individual water riser pipes shall be located witnt:i the confined area of the outside perimeter walls the mobile home at a point where the water connect::-. Will approximate a vertical position. (2) Water riser service pipes shall extend at least inches (4") above ground elevation. The pipe shall `e at least three-quarter inch (3/4"). 'rhe water oucls: shall be capped in an approved manner when the s_a is unoccupied. (3) Adequate provisions shall be made to prevent Eraez_-.: of service lines, valves and riser pipes. SUrfA,:e drainage shall be diverted from the location of :r:e riser pipe. (4) A shutoff valve below the frost line shall be prov±cec near each water riser pipe. PAGE 16 i (5) Underground stop and waste valves shall not be Installed on any water service, Section 23-67, Sewage Disposal (a) General Requirements, An adequate and safe sewage system shall be provided in all parks for conveying and disposing of al'. sewage. The sewer system for a park shall be constructed io accordance with the plumbing code. All proposed sewage disposa. facilities shall be approved by the city building ofsical prior r:. construction except that the use of septic tanks for the disposal, of sewage shall not be approved. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the city-county health director an-4 the appropriate regulatory agency of the State The City :4' Denton has no maintenance responsibility for sewage dispos:a: facilities inside the mobile home park, (b) Individual Sewer Connections, (1) Each mobile home stand shall be provided with at Least a four inch (4") diameter sewer riser pipe. The sovr,r riser pipe shall be so located on each stand that r:.:e sewer connection to the mobile home drain outlet wt_i approximate a vertical position, (2) Tne sewer connection from the mobile home to the sewer riser pipe shall have a nominal inside diameter of at least three inches (3"), and the slope of any portt.n thereof shall be at least one-fourth inch (1/4") aer foot, The sewer connection shall consist of one pi.e line only without any branch fittings, All join:s shall be water tight, All sewer connections shall comply with the requirements of the city and shall :•e inspected by the city plumbing inspector, (3) All materials used for sewer connections shall be :n accordance with the plumbing code and tpecificati::.s in the building official's of.-..ce, (4) Provision shall be made for capping the sewer riser pipe in an approved manner when the stand unoccupied. Surface drainage shall be div*rted +a-r from the riser. The rim of the riser pipe shat: extend at least four inches (4") above grog elevation. Section 23-68, Electrical Distribution System (a) Installation. All electrical wiring in the park shat: be underground, and installed in accordance with thu eluctriea: PAGE 17 code and specifications of the City of )enton, (b) General Requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations for such systems (c) Power Distribution Lines. Main power lines shall be in approved conduit. Such conductors shall be located not less than one foot radial distance from water, sewor, or gas lines. The location of all such underground lines shall be clearly marked by surface signs at approved intervals. (d) Individual Electrical Connections. (1) Each stand shall be served and meterad by the city electrical department the same as a single-famil;r residential lot, with an underground service line, and be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes. (2) Outlets (receptacles or pressure connectors) shall be housed in an Underwriters Laboratory approved weather• proof outlet box, and shall be located not more than twenty-five (25) feet from the overcurrent protective device in the mobile home or travel trailer, Two (2) three pole, four-wire, grounding type shall be used. (3) Standard Receptacles Outlet shall Receptacle in C-t73-1,d or cequivalen~ericao S (4) The mobile home or travel trailer shall be connect2ti to the outlet box by an Underw>iters Laboratory approved type of flexible supply cord with a mate attachment plug or with pressure connections. If t:-.e distance from the receptacle to the mobile hone excoods three feet (3') the cord shall be installed underground. (e) Required Grounding. All exposed nou-current-carrying metal parts of mobile homes and all other equipment shall be gt•out)ded :v means of an approved grounding conductor with branch circuit con- ductors. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment; the grounding conduct;r shall be attached to a permanent ground in an approved manner. Section 23-69. Service Building and Other Community Service j Facilities (a) General. The requirements of this section shall apply to PAGE 18 service buildings, recreation buildings and other community service facilities including but not limited to the following; (1) Management offices, repair shops and storage areas; (2) Sanitary facilities; (3) Laundry facilities; (4) Indoor recreation areas; and (S) Commercial uses supplying essential goods or services for the benefit and convenience of park occupants, (b) Structural Re uirer ats for Buildings. (1) All portions of the structure shall 'je properl protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance :r penetration of moisture and weather. (2) All structures shall be constructed in conformance with the building code, (c) Barbecue Pits, Fireplaces, Stoves and Incinerators, Coox.- ing shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be located, constructed, maintained and used s.s to minimize fire hazards and smoke nuisance both on the proper,.v on which used and on neighboring property. No open fire shall '•e permitted except in facilities approved by the fire marshal. open fire shall be left unattended. No fuel shall be used and o material burned which emits dense smoke or objectionable odors. Section 23.70. Refuse and Garbage Handling (a) Mobile homes shall be considered is Ein "individual farm:;, unit" which require them to abide by Chapter 12, Articles 1 and of the City of Denton Code of Ordinances, pertaining :o residential sanitation collection. (b) Any owner, occupant, tenant or lessee of any mobile n,ae in the city shall have garbage, trash and rubbish regular: removed by the city sanitation division. (c) The charges for such service shall be included on monthly utility bill of the applicant, as determined by ::.e utility deposit or service application, and all utility servtcr PAGF. 19 may be suspended upon failure to pay the required charges within ten (10) days from the due date of the bill, (d) The charge for collecting garbage, trash and rubbish from each individual family unit is established in Chapter 12, Article 11, Section 12-19(b) of the City of Denton Code of Ordinances. (e) All individual family units shall use plastic bags as specified under Section 12.9(b) and shall place such bags on the curb or alley line on collection days as specified by the city. Section 23-71, Insect and Rodent Control (a) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation, Extermination methods and other measures to control insects and rodents shall conform with the requirements of the city-county health officer. (b) Parks shall be maintained free Of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pasts. (c) The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects or other pests, Paris shall be so maintained as to prevent the growth of noxious weeds detrimental to health in accordance with Article II, Chapter 12 of the Code of Ordinances, Section 23-72, Fuel Supply and Storage (a) Natural Gas System (1) Natural gas piping systems shall be installed under- ground and maintained in accordance with applicaole codes and regulations governing such systems. (2) Each stand provided with piped gas stia11 have an approved manual shutoff valve installed up.;+ream ;f the gas outlet. The outlet shall be equipped with in approved cap to prevent accidental discharge of gas when the outlet is not in use, (b) Liquefied Petroleum Gag System (1) Individual liquefied patrolcum gas systems may 7e used, but, when used, shall be i.nstalLed and main- tained in accordance with applicable codes of the .,it;: and regulations of the Texas Railroad Commission pertaining thereto. PAGE 20 i (2) Liquefied petroleum gas containers shall be tnstalla,~ on an individual space to serve only that wobile hom,a or travel trailer occupying that space, (3) No liquefied petroleum gas vessel shall be stored ~r located outside or bonoath any storage cabinet, carport, mobile home, or tiny other structure, unless such installations are approved by the buildia,; official and the fire marshal, Section 23-73. Fire Safety Standards (a) Storage and Handling of Liquefied Petroleum Gases, parks where liquefied petroleum gases are stored or dispense,.. their handling and storage shall comply with requirements of the plumbing code, the fire code, and the Texas Railroad Commisst.,:. regulations. (b) Storage and kandling of Flammable 4iquids, In parks which gasoline, fuel oil,l or other flammable liquids are stora.c and/or dispensed, their handling and storage shall comply with r,-,e fire code. (c) Access for Fire Figh~in Approaches to all tra,,e trailovs and mobile homes shall be Kept clear for fire fighting. (d) Water Supply Facilities for Fire Department Uperation;. Water supply facilities for fire departmont operations shall :e connected to the City of Denton water supply. Dater maLns fire protection purposes are to be sized six (G) ID or larger wt:, standard City of Denton hydrants located within three hundred :e_: (300') of all mobile home sites, measured along driveways streets, and such water supply systems shall meet the minim«m standards for fire fighting purposes as required by the State Board of Insurance. Fire hydrants will ire subject to perLo,i.. inspections by the fire department, It shall be the responsibil.:> PAGE; ).1 of the park licensee to insure that the fire hydrants In need immediate repair shall be repaired in a satisfactory manner withii twanty-four (24) hours. Non-emargeney repairs shall be made witni.: fourteen (14) days upon receipt of notification, Non-emergenc~l for purposes of this paragraph, shall mean of a nature not impair. ing the actual use Intended, (a) ollection' Disposal of Rvbbish. The park licensee agent shall provide an adequate system of collection and sa_e disposal of rubbish, approved by the fire marshal and city-country health officer. (f) D_Brush, Limbs, Leaves and Weeds. The park licensee agent shall be responsible for maintaining the entire area of .:7„ park free of dry brush, leaves, limbs knd weeds, Section 23-74, Miscellnneous Requl.rements (a) Responsibilitas of the Park Management (1) All responsibilities set out elsewhere in this arti,:., as apply to lioansne or agent, (2) The licensee or his agent shall operate the park compliance with this And other applicable articles shall provide adequate supervision to maintain .r park, its facilities and equipment in good repair i.:,. in a clean and sanitary condition. (3) The licensee o: agunt shall notify each and every pa:4. occupant of all applicable provisions of this artia:: and inform them of their duties and responsibilici,s hereunder, (4) The licensee or agent shall maintain a register park occupancy which shall contain the follow--c information (a) Name and stand number of all park residents. (b) Mobile home registration data, including ma_(: length, width, year of manufacture and idea-:- fication number, (c) Make and model. of all travel trailers, and e license number. (d) Location of each mobile 'home and travel trut'.t: within tl,e park by stand number. (e) Dates of arrival and departure of each mobile `.r .e and travel tratlar. PAGE 22 (f) Name and address of business or individual wIn '.nstalled each mobile home or travel trailer. A new register shall ba initiated on January first o-. each year, and the old register may thereafter be retired but shall be retained on the premises for at least three (3) years following its retirement. Registers shall be available for inspection at al: reasonable times by tiny official of the City of hentoc. whose duties may necessitate access to the information contained therein. (5) The Iicensue or agent shall furnish ro the ta:v assessor-collector for the City of Denton, within tan (10) days after the first day of January of each year. a list of all mobile homes in the park on the firs: day of January. The list shall contain the owner'i name and address, the make length, width, yaar ' manufacture and identification number of the mobile home; and the location of each mobile home within the park, Said lists shall be prepared using forma provided by the tax assessor-collector of the city, (G) Every park operator shall keep a valid certificate occupancy for ahe park. (7) The licensee, or his aent, shall insure the prorec placement of each mobile or travel trailer on iti stand by each park occupant and insure t,_te installation of all tie downs in accordance with state standards, (b) Responsibilities of Park Occupants (1) All rasponsibilities set out elsewhere in this artLc..., (2) The park occupant shall comply with all requirema;:i of this article and shall maintain his stand and i_z facilities and equippwent in good repair and in a clan and sanitary cenditiou. (3) The park occupant shell be responsible for pr:pi7 placement of his mobile home or travel trailer on ice stand and proper installation of all utili:, connections is accordance with the instruction of :n~ park management, (4) Fire renistant skirting or an equal substitute appr~•r._. by the buLldink official shall be required on al. mobile homes and shall be installed within sixty lc,: days after emplacement of the mobile home, (5) Skirtings, porches, awnings, and other additions, v ;ec installed, shall be inaintainod in good repair. use of space immediately underneath a mobile home storage shall be permitted only under the £olluw_:: conditions; (a) The storage area shall have a base of Lmpervi:.i material. (b) Stored items shall not Lnterfere with the and<:- neath inspection of the mobile home, nor be a hazard, PAGE: 23 i (b) The park occupant shall be respoas ibIa for proper placement of the mobile home or travel trailer on its standard and proper installation of all tie downs in accordance with state standards, Section 23-75, penalties Any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars (3200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This Penalty is in addition to and cumulative of, any other remedies available nt law and equity. SECTION 11, Thnt if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, of application thereof tp and person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of tine remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, SECT_jN III, That all ordinances or parts of ordinances in conflict witn the provisions of this ordinance are hereby repealed, SECTION IV, j That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be publts ed twice in the Denton Record-JhronicLe, the official newspaper :i the City of Denton, Texas, within ten (10) days of the date of its paassage PASSED AND APPROVED this the day of 1984. IeIYDIT ItIC1TAiI~7-5 iEnR -,-,7 CITY OF DENTON, TEXAS i PAGE 24 ATTEST: DLO M- LLEP CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORPi; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 8Y: 1 it III PAGE 25 P & Z Minutes March 14, 1984 )'age 7 3. Approvill of Mobile Hon"o and Travel Trailer Park ordinance . his. Evans explained revisions; on pages 7, 8, 9, 12, 21 and 23 staLing th,aL most weri:, LypoSraphical and/or word- ing errors, Stle stated th8l" ':ire new page 14 Handed to COIIImiSSiOllerS today was bECG' Q 3 tin lids deleted in the draft sent to coataissioners earlier. She referred to changes on pane i4 as: ~C--ti011 23`1)2, J)d`VR6ra~)11 (a) I,l) is cilali5ed to require a r ini ;urn width of 34 feet for local sLr.eets, a rui;ii;:~ur widen of 41 feetOL• collector streets, a minimula radius at intersections for all other streets of 30 feet, and a max-Lnum l.en Lh of 1,000 feet for internal streets ending in cul-de-sacs; Section 23-62, paragraph ~a) (2) is c"',anted to require 3 Min: of 2 inches of asphalt: in street construction instead o,-- 5 inches concrete or asphalt. On question, Mr. Watkins said tide collector street width was not specifically discussed with interested parties, that recommendation of 41 feet follows requirements in subdivision regula- tions, his. Evans asked that cocilaission approve the ordinance as submitted. Cnairman referred to a letter fron Mr. Hodgson which stated that he liked 30 foot width for local streets. Mr. 1satkins stated that some, citizens were present if commission cared to hear th(-;L. ;Ift(l' c.onsul.ting other commissioners, Cllairman advised those present tnat mission had already received COm:,UTItS at its public hearing and suggested that perhaps the City Council would near them when they considered the ordinance. He saiu tie felt the ordinance '..as in best interest of cit_; . Mr. Escue moved Lo recomnenc approval of proposed mobile nome and travel trailer par` ordinance. Seconded by Mr. Juren and unanimously carried {5-0). Commissioner= complimented his. EV811s and :",r. 'V;;,skills for their WorK preparing the ordinance. C. Consider quicelaim of right-ol.-';.ay of the alley ~It re: Of 2.18 Nest Oak Stri-eL, loc::Led ,:(ijacent rand wo(,t of Cedar Street, iQ - b(,) aob hCCIeildoil~ St']-I Lin-' > , ' r.. the", ,lca.:'c thc_ pro'.l,e>rty li13i17 , that 1.1rS. t;:lrL S Vltlls acunt pr0'I!~~t. lilc:~ ~..'2 re(Y,u. Sti.lli., C~111.t: CIai"I of l:~le .:11L'V t0 [i~ r r:l)i.son e l;ln1r, d th,3t the.. 1"025011 y1.1 it C1'IiM i.5 11,2uded is because tJ('ucit•:i11 1.1l0JUSt:V .eS Wan LS to Leilce LnC. ;i~11ey t: ) l eWeilt )l UiI1p 1G'.(,, ()f 1;n,- 11 i'las behlnll LClu 5tO1u. 1'i!.' .SPild=n:'r +aCCI)I z].lly II ell 1e~31 Ci11.i'l_ z 0 C...., i Mny 22, 1984 U1'i'Y WUNCIL AGENDA 1'TEM SUBJECT: Consider Amendutent to the Electric Kate bC11edule8 , Urdinauce #63-10'2, Schedule Ar' (AtttluLic field). SUMHAKY. This rate schedule is recomtended in order to provide ii rate wnicti reflects Lne cost of survice to customers whose use of electricity is to provide 1ighLing Lou athletic Lields at tunes other them sys[em JeWdk. Rate Will Chance from a $3.50/KW demand charge to a $1.00/KW demand charge, and the energy charge will remain at :).10/KWH between the Hours of 7 PPS and lU AM and 9.1¢/KWH t>ctwcaen 10 AM and 7 PM. FISCAL SUMMARY: The proposed rate will reduce electric revenues over existing rate schedules; however, it reco6nizes tide low demand impact of the class of customers covered, and thus, the better utilization of existing plant. The proposed rate is designed to charge approximately 74 per t.WH if the ballfield lights are on 3 hours per night, 3 days per week. This compares with 19.34/KWH under the present rate. ACTIUN REgUiRED: Adoption of amending ordinance. ALTERNATIVE6 : Approve or deny ordinance. KEC01-1M&LADA'i iUtV : The Public Utilities Board, aL Lheir meeting; of AMay 9, 1984, recommended the City council adopt the proposed amending ordinance. Respectfully, , R. E. Nelson Director of ULilities EXHIBIT 1 Proposed Ordinance Ewiendment it Related Kate Scnedule 29740:1 r -944 age 415 :affective Date ' ATHLETIC FIELD r I I I ELECTRIC Ordinance 9 84- article II Section 25-21 ' r 2403U-43-4/84 ' ' SCHEDULE aF I ~ APPLiCAr1ON applicaule to all electric service metered at one point for use to li6ht specified areas for athletic events where suet' electrical use will not occur between the Hours of 10:00 A,I`t. and 7:00 Y.M. NE'P WNTHLY Lt.A%'E 1) Customer Facilities Charge $20.00 per month 2) Enemy Charge 7:00 PM to 1U:00 AM 5.1~ per K.WH 10 :00 rti'•I to 7 : UO PM 4 • 1~ per KWH :3j Demand Cnarge $1.00 per KW per month 4) Enemy Cost Adjustment Current ECA tliNIhlUif_ BILLING Facility Cnarge TYPE OF sERVICL At the Utility's available secondary voltage and available pha,•e, For use only between the hours of 7:00 P,M, and 10:00 A.L'I. from May through October. PAYNEIAl' dills are due when rendered, and aecome past due if not paid within 15 calendar days from hate of issuance. llETEKMINATION OF DEMAND The demand snall be the KW supplied during the 15-minute period of maximum use during, r.ne current month as determined by City's demand meter. ~I DENTON MULIICIPAL UTILITIES - - rage 4"r- or P40AI "4TIC FIELD r:ffective Date_ r i i EI.E(;TRIC Ordinance !1 84- Article 11 Section 25-21 SCHEDULE AF Cont.) 2403U-44-8/83 PUWHR FACTUR The Utility reserves the right co make tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the wonthly billing period. If the power iaetor is uelow ninety perceor,, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES Ail services which require special facilities in order to meet customer's service re,juiremenes shall be provided subject to tree special facilities rider. PKURATW N OF UTILITY 6iLLS a) billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 30j/12 b/ billing for demand shall be calculated on a A day per monr..h basis and prorated for longer or siiorter billing periods. Formula; Actual days in readin period x KW demand x Rate 30 days ENERGY COST ADJUSTMENT A charge per KWK of energy taken for fuel cost calculated in accordance with Schedule E.C,A. DENTON MUNI61PAL UTILITIES MINUTES. HoLIL OTILITI&S BOtiRD flay 9, 1984 7:30 Pd Civil Defense koom Members Present: Cnairman, Roland Laney, Nancy Boyd, Marv1.n Loveless) Leonard Herring R,L, Nelson Staff: Erne 'fullos, Dave Ham, Charles Cryan Otoers: Jon Deist, Denton Record Chronicle Absent: Eduard Coomes- Excused Laney called toe meeting to order ac 7:30 PM. 1. (,,WSIOlJI: AMl NDMENT TO THi, ELECTRIC RATE SCHEDULES ORDI~INA:~CE 1133-102~SCHLOULL AF (ball Field: Cryan aiscusses its iteu,, saying trial tnis rate schedule is recommended in order to provide a rate that reflects toe cost of service in providing electricity for the purpose of lighting athletic fields at times other than system peak. Discussion followed, after which Herring made a motion that toe Board recommend the Gity Council adopt ur'Le proposed amendment to Ordinance 1183-102. Second by Loveless, three ayes, no h:iyes, motion carried, 2. CONSIDER AALi,, VENT fO 1'HE W.6r;R/WASTE4ATLt t:ATk SGr.t'~i+iEi 5hD1 JAfgCL 111;4 _uq SCiir:UuLL Sii Cryan introduced this stem. scacin8 Gnat the proposed amendment oad been developed by staff as a consequence of meetings with mobile tic'me perK owners woo felt the original volume of sewer flow .,as estimated to be too great. This ordinance, said Cryan, would adjust the volume estimate from 6,500 gallons to 5,000 gallons and would make the rate- change retroactive to the date of the passage of the original ordinance. Cryan further added that the proposed ordinance would retain the 1.5 multiplier for sewer service costs for services outside of the city limits. Discussion followed after which Loveless made a motion that toe Board recommend that the City Council approve the proposed amendment to the wati.r/wastewater rate schedule Ordinance 1184-09, Schedules S-8. Second by Herring, three ayes, no nayes, motion carried. ~73i1:1-2: r Minutes PUB 5/9/84 Page G 3, Goj4SIDt;K DCkiiF"i or 1964-85 U'1'uITY DEPHI\'1'I•ltaW BU0ET: Staff l;resented a mart nl~ [hs proposed nod et for fiscal year 1984-85 stating that the document funded various new positions and supplemental programs, nelson then reviewed pro formas for t11e electric, `rater acid sewer divisions pointing out that for the electric department, Texas Municipal Power Agency s cost of power represented a major fixes; cost, Discussion followed during whictl the Board discussed appropriate Inancial margins for each o~ the three' utility systems and discussed the administrative transfer along with the methodology for calculating the Transfer, Tne board concluded the discussion by requesting ttiat staff review expenditures in the dater system. The Board' a8reed to meet Wednesday, '.lay lu, 1041 at 7:30 I'M for another budget wor? session. Since here ra; no further pusiness for the board to consider, Chairman "aney adjourned the meeting at 10;45 111.1. May F2, 1964 CITY COUNCIL AGENDA i,mm SUHJEur: Consider Amendment to E'lectvic Rate Scliedules, Article 11, Section 25-051 Ordinance 83-102, Schedule- Service Deposits, SUMMY : '1'h1.s amenument is to require new commercial customers who do not have an approved utility billing; or credit nisLory to post bond if it i.s estimated that tr,eir two month average billing ;riIi be VreaL0r than $300, I've senL•ly, a commercial. customer wi.Lnout a credit History must: pay a duposit equal to cwo months of tilling, or $3UO, wtaienuver is less. Some new commercial accounts have two month average billings in excess of $300 and the City is at risk in the event of default by sucn it ^uutomor. FISCAL SUMM&RY: Not determined. However, there nave been 15 commercial customers, some new and some existing, with $12,000 of billings default on their utility bills in the past six months . i ACTIUN REgU1RLD: Approve ordinance, R1:COM1.11 k4oA'T1U,V: The SLaif recommends approval o3 proposed Service Deposit Ordinance. aleecLft 11 r„ No ISO n Director of Utilities EAtil.BiT 1 Yroposeu Ordinance 11 Related hate Schedule 29/4U:3 ago o + I I I SERVICE DEPOSITS Effective pate I t I EL CTttIC Ordinance # 84- ' + ' Article II Section 25-96 ALL AREAS 2403U-39-8/83 ' APPLICATION Applicable when a customer requests service for the first -ime in the Denton electric service area. KATE A residential customer will crake a deposit of $150,00 or an amount equal to 1/b of the laat twelve ti12) months oillings at tae meter location, whicnever is greater. A commercial customer will make a deposit of $300.00 or an amount equal to 1/6 of the last 12 months billing at the tnoter location or 1/6 of ttne annual anticipated aillinb at the meter location if n,, meter history exists, whichever is greater. A commercial customer may parchase a bond sufficient to cover the required deposit. WAIVER OF DEPOS iT Deposit is not required if the customer has a good credit standing for utility service with the Gity of Denton or other electric utility system for the twelve (12) months prior to application for serv:.ce wit1, ttie City of Denton. Deposit will not be required in the event a customer nas a co-signer wtlo meets the above criteria. REFUND OF DEPOSIT Deposit will be held until customer nas completed twelve (12) continuous months with a good credit standing with the City of Denton Utility. At such time, or upon closing the account, a refund of entire deposit plus any accrued interest will be made. DENTON MUNICIPAL UTILITIES hta; 22, 1964 CITY UUUNCIL AGENDA ITEM SUt1JEM Consider Amendment to the Water/Wastewater Rate) Schv3ules, Ordinance x184-09, Schedule 8-8, SUMMARY; Iu reviewing the 8-8 rate with representatives Of the mobile dome parks aii'ucted by the ratus, the stmt` has developed a rate reflecting a lower volume of sewer flow based on additional information received frOlll the U,,)Dile home parks in question and other mobilo home parks using Denton water. FISCAL SUMMARY: This change will cost the utility approximately $2,500 per month, 'Pile effect on future rate changes should be win~,al, ACCiON REQ01REU; Recommend approval of proposed ordinance amendment. ALTEiwATIVES : 1. Kecommend passage of the rate proposal for S-8 customers 2. Modify the rate change proposal for S-8 customers, 3. Recommend rejection of a rate change at this time. RECOMMENDATION ; The Public Utilities Board, at their meeting of Mav 9, 1984, recommended the City Council approve the revised S-8 rate as the best alternative to the present: S-8 rate. Respectf lly, R. E. Nelson ` Director of Utilities I EXHIts1T I Proposed Rate Ordinance II Existing Kate Ordinance Ili issue Paper: "Mobile Home Park Sewer Charges" 1V Data Sheet V Rate Schedule S-8 2974U:1 ,T^ 11STT TT F.XI;"CICr MTP (XIMNRNCE 1. R SID IAL SEWER SERV",CE USERS WITHOUT {SCHEDULE $EA APPLICATION Ap licable to all residential facilities not also receiv+.seg metered water service from the City of Denton, IncludL.Mg subdivisions, for apartments, mobile home parks, or ocl.. r residential service users. The monthly charge will be based vn the maximum number of residential uoits in the area sac-red during the month times the volume and facility charges. NET .MONTHLY RATE In Corporate Limits Outside Corporate L,Lmits 1) Facility Charge $2.25 per month $3.35 per month 2) Volume Charge $1.50/1000 gals. $2.25/1000 gals. Volume charge will be for sLx thousand five hundred (b, 9•: 4j gallons per month. MINIMUM BILLING $12.00 per month/ $17.98 per month, par resident unit per resident unL¢ PAYMENT Bills are due when rendered, and become past due Lf not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to neat customer's service requirements shall ba provided subject to the special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 b'iliags annually. Formula: Actual days in reading period x customer charge 30 days b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon affluent to be charged to aach rate block. Formula: Actual days in reading period x GAL in rata block x RATE per 1,000 gallons in rate block ♦ur.. r. YnO IM1T131T TTI mub.[LE HOM PARK SEWHA t;H,ARULS Puints raiseu at Clty l:Oliiloil Meeting of April lU, lVd4 1. Alternatives Avallaole to aloblle Hoene ParKS a) Change rate to retleut an alternate charge for sewer oases on a uitierent rate, volume or uoth. Stalt is wtuing to propose a rate oaseu on 5,000 gallons of sewer per unit for a rate of $9.75 per unit Inside city limits ana $13.6U per unit outsiua city limits. u) Several mobile none parks have their own metering; if such metering meets We City's speeifieatiuns, reuaWgs could oe useu to develop volume oiliings unaer City's existutg rates. Utner mobile none par Ks could install such meterinng at their own expense and may have private plumber. W most accurate measurement is sewer effluent flow monitoring. This option exists unaer current ordinance, however, woula require We customer to install metering. 2. Variations in uereentage increase iroun parK-tO-ParK anu from the averake revenue increase The overall revenue increase to the City of Denton is antieipateu at auout 54% for a 11-month periou with [ne new rates as upposea to the old rates. Various customer groups (classes) receivea greater or lesser increases uepernuing on revenue aeniands of the class. mobile home parks are charged per occupieu space, i.e., actual uweUing units in park. The number of units enanges from montn-to-moatn. The larger percentage increases for some riooile name parks inaicate at least one ul two eonuitiohs. tell rrha numt)er of units counted for a current willing is greater then was itncluaea in previous billings. Em :,ilveruome 2V40U,05-02-84iUenton municipal utilities Mobile Horne Park was charged for 77 units 0 $2.00 per unit- all other parks C $2.50/unit. The present bill is for 86 units which is a 2i% increase in the number of oilling units. (b) The rate charged a particular mobile hocue park is less than other mobile home park. If khe City had none nothing except count the units ano bill at the rate otnur mobile home parks paid, Silveraome would recaiva a 50% increase in nionthly cost. The smaller percentage increases reflect either the number of mooiie home units to be either the same as or less tnan previously Dinned, anu/or the rate per unit is more than pain oy another park. 3. Bill to Denton west, mobile Home Park for two years - $IU,UUQ total bill. The City eontactea Richards & associates, owners of Denton west mooile Home Park, in December to notify thein of the City's failure to bill theca for sewer for at least two years. Following the policy of backbilling for up to two years, the City rnegotiatea with Denton ,best to establish a bill of $10,00,0, less Use creoit showing in the billing recoru. The amity is now billing this account each month. 4. Failure to cnange sewer rates for mobile home parks ano who is responsible for rate oevelopment and implementation. The Utilities Department has maintainea the responsibility of developing the sewer, ana other utility service rates. The Utilities uepartment anticipates that at least the minimum monthly charge for residentW rate woulo extend to mobile home parks per unit. With staff changes in the Customer Service Division ano/or billing proceaures, and the aata processing system for mobile borne parks not receiving City water are aifferent from other rate impiementation proceaures, rate changes aid not take -2- place for the six mobile hoine parks In question. During the resear'oh for the most recent rate stuay, the Utility Department uiscovereo the fact that rates have not changes for mobile home parks in many years. This has lea to the recently implemented rate ti 1 w updates, 5. Low blllings for several mobile home parks for February. Entry errors in the online billing system account for incorrect bills. Corrections are being mace by Customer Service. You will receive correcteo bills in the next few days. 6. Adaitional Analysis City billing records indicate a monthly average per housing unit of 69200 gallons of water for two mobile home parks on the Denton water system. The mobile home park rates reflect a sewer effluent level at 6,500 gallons per unit. Average billings per mobile home on the 6,2uO gallons per unit wouic be 80% qr about 5,OuU gallons oases on the rates passed uy the Council. The flat per unit billing n,ay then be $9.75 insiae the city limits and $14.63 outsiae the city limits. One problem with this methoa is that it compares usage of those paying for city water as well as city sewer ano other city services, with tnose who only pay for no water service and sewer service is included in their space rent, using cheaper well water. Other problems are the small sample size, lack of control for facilities at one park relative to the others ana lack of specific i numbers of mobile homes for each month in each mobile home park for the 12-month perioa selected. _3_ r Conversely, the method used to develop the aaopted rate utilizes per capita usage on the Denton system, bases on the 1980 census, persons per household in mobile home parks in Denton County also utilizing the 198U census, and arrives at a per househola usage per mobile home) This method has Haws. However, the oeneflt of utilizing census data and per capita usage is that the sample universe includes all residents, including persons in mobile nome parxs) it takes data colleetea in a similar fashion for each type of residence; therefore, errors are likeq to effect different sectors in asimilar way. I ` II i J 1 r -4- "'A SIMr r1l.Tr~tt~t1'rLVF;S 1. 1w just Tutu to, 510W gqj?ns uor--month par unlit v5 G,AX)* Insidu U" it ~ CAstside City Ll 115 Present data '1 ,00 ~ 7.98 Proposed flute $9.75 V4, 00 2. Meusuro WWI water used by Pkkale !im Park and upply established rato,_i.e,, 80% x water voluae x~] ,607 "gal ions, Water Meter- Cost $B,OW, meter for 6" jvx complete city standards $2,000. rooter for 6" for ianterruptible metering stwdards Inside City Outside City @ 1.5 Volume - Est. S,UW gals/unit/mo t" 4 9.60 Volume - Est. 11,000 gals/unit/mo 7,G8 x 1.5 j11.52 Volwoe - Est, 7,500 gals/mUL/woIbO x 1.5 p $14.40 3. Pleasure sewer volua-: wills a sewer ureter and apply established rate. Soa;er Pk--ter- Cost $6,OW to $101(W Facility Charge $125/month Voluwe cost approxiiwWaly sauna as alternative #2 *Or(Anwice WnUlge ttekfuiMA. WATW1WMT0dK1'& VOUME MALLS Water Use ri of Avg. t'Untniy Water billubie Sewer per als) Units Use Per Unit Unit @ W/O Tiffin LWws 263c1,25U/year 353 8,023 gals/taon:h 69418 gals/nnnth (water to system) Vac. 23,344,30J/year 272 7,152 gals/month 5,722 gals/month Village (water to system) Vac 191 092,4(X)/year 272 5,640 gals/in`mth 4,(8O gals/month Village (in<;tured to uait,) Vac Uecembar %:3 292 5)298 Village January '83 261 5,007 ~ February '83 266 786 (metered to units) 15)991 -3 5,:330 x .98 = 5,224 gals/month Hillcrest 61180 4,144 gals/,worth Centerpoint G, 200 4,960;als/month MITDT'r V Pave of RESIDENTIAL SEWER SERVICE USERS WITHOUT CITY Of DENTON Effective Date wArER SERVICE r ~ r r Ordinance if 84- Article II Section 25-49 F SCHEDULE S8 2635U-34-4/84 i - r r APPLICAT10N Applicable to all residential facilities not also receiving metered water service from the City of Denton including sub-divisions, for apartments, . mobile tiome parks, or other residential service users. The monthlT charge will be based on the maximum number of residential units in r..:ae area served during the month times the volume and facility charges. NET MONTHLY RATE In Corporate Outside Corporate Limits Limits 1) Facility Charge $2.25 per month $3.35 per month 2) Volume Charge $1.50/1000 gals. $2.25/1000 gals, Volume charge will be for five thousand (5,000) gallons per month. MINIMUM BILLING $ 9.75 per month/ $14.60 per month/ per resident unit per resident snit PAYMENT Sills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All servz.ces which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY SILLS a} Billing for the Facility charge shall be based on 12 billings annually. Formula; Actual days in reading period x customer charge 3 days DENTON MUNICIPAL UTILITIES . s ;a ot 44 KF.SIDENTIAL SEWER SERVICE TO USERS WITHOUT CITY OF Effective Date DENTON WATER Sk;KVICE I t Ordinance # 84- i Article II Section 15-49 SCHEDULE 58 (cont'd) 2635U-35-4/84 b) billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual days in reading period x GAL in rate block x KATE per 3U 1,000 gallons in rate block DENTON MUNICIPAL UTILITIES MINUTES PUBLIC V LLIT1':S BQhRD May 9, 1984 7: 30 P11 Civil Defenso Room Members Present: Cnairwun, Roland Laney, Aancy Boyd, Harvin Loveless, Leonard Herring R.E. Nelson Staff; Ernie Tullos, Dave Ham, Cnarles Cryan Otners; Jon Weist, Denton Record Chronicle Absent: Edward Coomes- Excused Laney called the meeting to order at 7;JU PM. 1. CUir'S Lllt t: ;rlt:i~LtfEi~1' 'I'U iH EnhCTRiC RATr: SCHEDULES ORBIiINANCE l133-lOC~_ SCtiUtJL>J NF ~tsall _H'ieldj i Cryan riscussed ti~is iteia saying tt-iat this rate schedule-is recom:aended i-;t order to provide a rate that refle^ts the cost of service in providing electricity nor the purpose of lighting attiletic fields at times ocher than system peak. Discussion followed, after whioh Herring made a motion that the Board recou1s..end the City Council adopt the ;)roposed amendment to ordinance 4`83-102. Second by Loveless, three ayes, no naves, motion carried 2. CUi6lJ)Ee' r~i•1i:i~DMENT I'o T'iib 3C;rir0oLES Uc:ill~~~itdC~ f1S4-U~J~ S~riEUULr~at3; ~r1'an introduced this item sta Cin that r.l~e_proposed amendment had been developer oy staff as a consequence of meeuings w.i.tti mobile home park owners who felt the oriL;inal volume of sewer flow was estimated to be too Brea;.. This ordinance, said Cryan, would adjust the volume estimate Lrom 6,500 gallons to 5,000 gallons ano would wake the rate change retroactive to titre date of the passage of the original ordinance, Cryan further added that the proposed ordinance would retain thc- 1.5 multiplier for sewer service costs for services outside o:: ttic city i:,r i.ts. Discussion followed after which Loveless made a MILion that the Board recommend that the City Council approve Lhe proposed amendment to the water/wastewater rate schedule Ordinance 1{84-09, Scnedules S-8. Second by Herring, three ayes, no naves, .notion carried, Z'j 3LJ,i-2; ~T ldinutes PUB 5/9/84 Page `L CWSIDER 1;11 ~ j of 1984-85 OTILITY DEPARThlr:i~^i~t3UDu '1'; staff resen e a aratt o~ the proposed tiudgar Sor fiscs year 1984-85 stating that the document funded various new positions and supplemental, programs. nelson tnen re•;iewed pro formas for the electric, dater a.,d sewer div',,.sions ointing out that for the electric department, Texas Linicipal Power A6ancy s cost of power represented a iDajor fixed cost. Discussion followed during which the gourd discussed appropriate cinancial margins for each the three utility systems and discussed the adwinis::arive transfer alojj1. with the :methodology for calculat':-.: the transfer. The d,-:rd concluded the discussion by rey..es'Ang that staff review expenditures in the water system, 1'ne board agreed to meet Wednesday, May 16, 1964, 7;30 M for another budget work session, Since there vas no further business for the tioard to consider, o'hairma.. i,aney adjourned the meeting at 10;45 P14. r . CITYOI DRNTON, TdXAS MUNICIPAL BUILDING/ DErNTON, TEXAS 76201 i TELEPHONE ° 1171 $66.8200 DENTON POLICE DEPARTMENT MEMORANDUM ~I TO: C.J. Taylor, City Attorney FROM. Hugh Lynch, Chief of Police SUBJECT: Revision of Police-Initiated Towing Service Ordinance DATE: March 7, 1984 In an effort to relieve the city from possible liability regarding vehi:Les which are towed, at Police request, by wreckers on the Police rotation list, there is a need to amend a portion of the existing city ordinance which re-3,.11 tes these towing services. The following changes are requested: L.) Section 27-24. Same-Application, paragraph (d) concerning insura-Q.a . This should be amended to require each towing service to maintain a policy which includes Caragekeepers coverage that would cover dama>/e to any vehicle in their care, custody, and control, especially ven;:les being towed while in transit. The minimum limit of liability ahu be set at $25,000.00. It should also be stipulated that the City Denton be named as an insured party in the policy. 2.) Section 27-22. Police rotation list established. A provision is needed that would limit the number of towing services that are fnain- tained on the list to twelve companies. This number of towing sacr e: should be sufficient to meet our present needs. , " ~l 4'v Hush L ch, Chief of Police. CITY OF DENTOT: MEMORANDUM Iv_ , G, Chris Hartung, city Manager 1, ROM.: nen smithers, Patrol captain. Police Department SUBJECTi Insurance Requirements for Wrecker Permits DATE: July 14, 1963 Any wrecker service applying for a police 'Cowing Permit must supply a copy of a certificate for a garage or automobile liability insurance policy, This policy must insure the tow service owner and all employees for liability for death,, bodily injury or property damage to third parties in the minim-am amount of fifty thousand dollars for any one person, one hundred thousand dollars per incident and twenty-five thousand dollars for property damage. T1i= required insurance must be in effect: during the period for which the i,navl- is issued, T"e Special Services Sergeant of the . lice Department verifies the insurance policies and keeps them on file in his office. He also personally inspects each, wrecker for complianva with the ordinances regarding equipment required prior to issuing a permit. We have recently discovered that the ordinance regarding insurance may be lacking in coverage provided for vehicles being towed, The ordinance has been discussed with an insurance agent who has informed us that there is no provision made for coverage of vehicles in tow, it is our understanding that any vehicle a towed vehicle might hit would be covered as the third part..' mentioned in the ordinance. If the insurance coverage currently require by the ordinance does not cover vehicles in tow, it should probably be revised to include this coverage, If r rV Glen Smit:hers Patrol Capt;iin police Department CITY OF llENTON MEMORANDUM TOs G. Chris Hartung, City Manager FROMI Glen Smithers, Patrol Captain, Police Department SUHJEM Insurance Requirements for Wrecker Permits DAM July 14, 1983 Any wrecker service applying for a Police Towing Permit must supply a cop;: of a certificate for a garage or automobile liability insurance policy. This policy must insure the tow service owner and all employees for liabil...: for death, bodily injury or property damage to third parties in the minimum amount of fifty thousand dollars for any one person, one hundred thousand dollars per incident and twenty-five thousand dollars for property damage. This required insurance must be in effect during the period for which the permit is issued. The Special Services Sergeant of the Police Department verifies the insuranz-e policies and keeps them on file in his office. He also personally inspects each wrecker for compliance with the ordinances regarding equipment requiry3 prior to issuing a permit. We have recently discovered that the ordinance regarding insurance may be lacking in coverage provided for vehicles being towed. The ordinance has been discussed with an insurance agent who has informed us that there is provision made for coverage of vehicles in tow. It is our understanding ="-,at any vehicle a towed vehicle might hit would be covered as the third part; mentioned in the ordinance. if the insurance coverage currently required :y the ordinance does not cover vehicles in tow, it should probably be revizc-i to include this coverage. A hers Patrol Captain Police Department N0. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES :iF THE CITY OF DENTON, TEXAS RELATING TO TOW SERVICE BY RErr~~UIRING GARAGEKEEPERS INSURANCE COVERAGE; AND PROVIDING FOR AN EFF`ECTI'VE DATE. THE COUNCIL OF THE CITY OF DENTON, TEAS, HEREBY ORDAINS: SECTION I. That Section 27-24 (d) of Article II of Chapter 27 of :.ne Code of Ordinances of the City of Denton is hereby amended to read as follows; "(d) A copy of a certificate of a garage or automobile liability insurance policy insuring the tow service owner and all his employees for liability for death, bodily injury or property damage to third parties in the amount of not less than fifty thousand dollars (.$50,000.00) for an one person and one hundred thousand dollars ($100,000.00) for one incident and twenty-five thousand dollars ($25,000.00) for property damage. A copy of a certificate of a "garagekeepers" liability insurance policy insuring the tow service, and the city as a additional named insured, for liability for property damage to any vehicle, or contents thereof, in its care, custody and control as a result of providing towing services, in an amount of not less than twenty-five thousand dollars ($25,000.00)." SECTION II. That this ordinance shall become effective immediately .c.on its passage and approval. PASSED AND APPROVED th±.s the day of 1984. RICKARD Q. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: M=rM7rX=,-CrT?' SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: / l_ J 4 I~ NO, AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR A PENALTY ON DELINQUENT TAXES TO DEFRAY THE COST OF COLLECTION THEREOF, REPEALI11C ALL ORDINANCES IN CONFLICT THEREWITH,, AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE. CITY OF DENTON, TEUS, HEREBY ORDAINS: SECTION I, That Article I oe Chapter 22 ("Taxation") is hereby amendaa by adding a new section to hereafter read as follows: Section 22-5. Penalty for Delinquent Taxes (a) On any taxes upon property, both real and personal, that remain delinquent on July 1 of the year they become delinquent, tneru is hereby imposed an additional penalty of fifteen percent (15%) on the amount of such delinquent taxes, penalty and Interest due, (b) The collector of such delinquent taxes shall deliver a notice of delinquency and of the additional penalty to be Imposed herein to the property owner at least thirty (30) and not more than sixty (60) days before July 1 of the year such taxes become delinquent. SECTION II, All ordinances or parts of ordinances In force when the pr.- visions of this ordinance become effective which are inconsLsten: or in conflict with the terms or provisions contained in th=: ordinance are hereby repealed to the extent of any such conflict SECTION I11, That this ordinance shall become effective immediately up.:-, its passage and approval. PASSED AND APPROVED this the day of 1H RT-( WD-0. 5 CEj7i\t TiCYOEF CITY OF DE,gTON, TEXAS ATT E S'i , CHAi"OlrF ALLEN, C ECAE FARY CITY OF DENTON, TEXAS APPKOV%D AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 74«L R E S 0 4 U T 1 0 N WHEREAS, by Resolution adopted ,March 4 1980 by the City Council of the City of Denton, Texas, the Lty ols Denton auth- orized the creation of the Clty of Denton Industrial Development Authority to oxorcise the powers of such corporations organized pursuant to the Development Corporation Act of 1979, as amended (the "Act"); and WHEREAS the Act together with the Rules for Issuing Industrial bovelopment Bonds promulgated thereunder by the Texas Economic Development Commission (the "Rules"), provide for the financing of projects for commercial uses; and WHEREAS, said Act and Rules provide certain procedures with respect to the establishment and designation of Eligible Blighted Areas within the City for the purposes of financing projects for commercial uses and aIIovis ting economically disadvantaged areas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION 1. That the areas shaded oh the attached map which are designated A, B, C, D, E, F, O, 11, 1, J and K and whose boundaries are further described in Exhibit A attached hereto are established and designated as Eligible Blighted Areas for the Cie purposes of the Act and the Rules, all being portions of the Y, SECTION it. That the City finds that the areas designated herein as Eligible Blighted Areas contain a substantial number of under employed people and substandard or deteriorating structures which impair a arrest the sound growth of the City and are areas that constitute an economic or social liability in their present condition or use, 'rho information attached as Exhibit B further supports the City's decision to designate the areas referunced in Exhibit A as Eligible Blighced Areas. SECTION III, That the City finds and represents to the Texas Economic Development Commission that the availability of financing o£ projects for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the designated Eligible Blighted Areas. SECTION 1V. That the principal types of projects for commercial uses desired and authorized by the City to enhance its reduvelopmeot efforts in the Eligible Blighted Arens are those projects allowed under the Acr, and as may be Limited by more restrictive ppolicies established bar the City of Don ton Industrial bevelopment Authority. SECTION V. . That the City represents tnat it viLl review a1L project descriptions for approval of specific projects :or commercial PAGE ONE uses in order to determine whether such projects are consistent with the City's objectives for redevelopment of the Eligible Blighted Areas. SECTION VI, That attachad hereto as Exhibit C is a description of 4*oposed publio improvements to be made in the Eligible altghta~d reas, the estimated cammencament and approximate schedule for such public improvements, and the source of funds the City wil: use for such purposes, all of which is based on the City's best estimates as of the date of adoption of this resolution, SECTION VII. That this Resolution shall take effect immediately upon Lcs adoption and the City Secretary is hereby directed to transmit certified copy of this Resolution to the Texas Economic Development Commission. PASSED AND APPROVED this the day of , 19dc, RICHARD 0. STrW9M1-F9= CITY OF DENTON, TEXAS i i ATTEST: CHARLUME ALLEN, C77 SEMMM CITY OF DWTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY. 5 , PAGE TWO i CITY OF E DENTON l PROPOSED W kEO AREAS rigW. I. \ ~Sir. Vr r • / . r i1 I 1 Y MC KIIVNEY, ' I I 0 I 1 ~ 1 f ~ op I EAui.l ICP.i J ' 1 " 1 1 A m I 1 1 D r.~ 1 ,1111 J Lam. LLL est Boundar asch Branc oad C ~Kl 1 PROPOSED BLIGHTED AREA DESIGNATION The following is a description of the boundaries for the proposed blighted areas in Denton AREA A South Boundary - Intersection of Santa Fe railroad tracks and Hwy 377 (Ft, Worth Drive) North/West Boundary - Beginning at a southern point of intersection by the M.K.T. & T,P, railroad tracks and the Santa Fe R.R. tracks) with this west boundary going north along the M.K.T. & T,P, railroad tracks to the intersection of M.K.T. & T.P. railroad tracks and U,S, Hwy 377 North/East Boundary - North along U.S, Hwy 377 from intersection of Hwy 377 and the H.K.T. & T.P. railroad tracks, Ft, Worth Drive to the intersection of Hwy 377 and S. Locust (M,K,T. 6 T,P.) intersection AREA B South Boundary - I-35E West boundary - Highway 377 (Ft. Worr:h Dr,) North Boundary - Eagle Drive East Boundary - Bell Avenue and Dallas Dvive AREA C West & South Boundary - 1.35E North Boundary - Underwood Street East Boundary - McCormick Street AREA D West Boundary - Masch Branch Road North Boundary - Jim Crystal Road East Boundary - 1-35 and I-35W South Boundary - City boundary AREA E North Boundary - Sycamore and Hickory Streets South Boundary - Eagle Drive East Boundary - Bell Avenue West Boundary - Elm and Industrial Streets AREA F North Boundary - East McKinney Street South Boundary - East Prairie Street . East Boundary - From the intersection of East Prairie Street and Bradshaw Streets, North to East McKinney Street West Boundary - Bell Avenue EXHIBIT A-PAGE ONE ARF:A West Boundary . Duncan Drive East & North Boundary - Kerley 8tra4 t South Boundary - Shady Oaks Drive and Willow Springs Drive AREA H North Boundary - Spencer Road West Boundary - Woodrow Lane South Boundary - MK and T Railroad East Boundary . Loop 288 AREA I North Boundary . Pecan Creek South Boundary - I-35E East Boundary - Mayhill Road (except that section of Mayhill Road not within the City limits of Denton, in which case, the East boundar;r of Area I Is the City limit line) West Boundary - Loop 288 AREA J North Boundary . Denton City Limits,ltne South Boundary - Highway 77 West Boundary - Bonnie Brae Street East Boundary - East property line of a tract of land belonging to Texas Instruments AREA K South Boundary - Lying 233' north of East McKinney Street West/North Boundary . :ejt side of Audra Lane extending eaSt and north East Boundary - Beginning in the westerly line of Mack Park and extending northerly for a distance of approximately 1100' to its intersection with ludra Lane NOTE: A detailed map of these boundaries was provided to Texas Economic Development Commission on May 7, 1984. F_XHIBIT A-PACE TWO BLIGHTED AREA DESIONATION STATISTICS* Blighted Neighborhood Areas 1 e City Nehoo 25 A Mean Weeks of Unemployment 8.9 1617 Percent of Families Below Poverty 7.0% 10.9% 22 B Median Family Income $20,124 $%1,193 Percent of Families Below Poverty 7.0% 12.1% 16 0 Median Family Income $20,724 511,811 Percent of Persons Below Poverty 14.1% 20,3% Median Value of Owner Occupied Housing $49,000 $:5,800 Median Rent $209.00 $187.00 Tract 208 D Percent of People Unemployed 1.5 or More Weeks 18.3% 33.8% Percent of Families Below Poverty 7.0% 10.6% 18 E Mean Weeki of Unemployment 819 12.5 Media:, Family Income $20,724 $13,250 Percent of Families Below Poverty 7.0% 22.5% 19 F, G median Family Income $20,724 $10,638 Percent of Families Below Poverty 7,Ot 24.1% Median Owner Household Value $49,000 $19,400 Median Rent $209.00 $ 95.00 Tract 212 H, I Percent of People Unemployed 15 or More Weeks 18.3% 25.2% Median Family Income $20,724 $12,904 Percent of Families Below Poverty 7.0 20.3% Tract 204.01 J Median Household Income $14,498 $11,851 13 K Percent of Families Below Poverty 7.04 13.44 Median Family Inc.vme $20,724 $17,098 *1980 Census Statistics EXHIBIT B-PAG1: SOLO Capital Improvement Plan-Public Works Improvements Planned in Blighted Areas i n A, B, C, D, J k K No improvements included in 5 year Copmpeant BlockvUrant Pr gram (CDBG) mats hit's time~l E Prairie Street Pav ng ?roject Starti Juna, 194 Finishs August, 1984 Funding: Street Department and CDBG Coat: $45,000 F Bast Prairie straut Orainage Project Starts 1985 Finish: 1988p6 Fundingt Clital Improvement & Project Bond Costs 60000 Robertson Streat Paving Project Start! 1984 Finish: 1985 Funding: CDBG Project Cost: ,230,000 Demolition of DilapLckatad Houses Starts 1984 Finish: 1985 Funding: CDBG P%OJect Coat: $30,000 G Willow Spriugs Drainage Project Start: 1987 Finish: 1988 Funding: Capital Improvement Projem. Bond ~'ost: $337,000 H Spencer Ro~d0Water LineLinn))ect Stare; 1984 Finish: 1985 Funding: Capital Water & Sewer Bond Cost: $22,000 I Loop 288 ((4T500'North) Water Line Start: 1946 Finish: 198 Funding: Capital Water & Sewer Bond Costs 3.12,500 E,UiBIT C-PAGE SOLO 1.3511 \YYY R E S 0 L U T 1 0 N L11EKFAS, the term of office for Place 3 of the City of Denton, Texas on the Board of Divuctors of the Texas Municipal Power Agency will terminate July 1, 1984; ano WHEREAS, Roland Vela was heretofore nppoinked ov the City , Council of the City of Denton, Texas to Place 3 on the Board of L:~ectors of the Texaa Municipal Fower Agency and has been se-wing as such Director to the present tine; NOW, THE&EFORE, BE IT RESOLVED by THF. CITY COUNCIL OF ';HE CITY OF DEN'TON1, SECTION I, Pursuant to tae terms and provisions of Ordinance No, 15 22 OIL the City cf Denton, Texas, Roland Vela is hereby appointed to the two year term of office to Place 3 on the Board of Cirectors of t::e Texas Municipal Fower Agency. The Le:m of Office beginning July 1, 1984 and ending June 30, 1930. ECTION LI ,.iis Resolution shall becoce effective Eros and after its date of passage, and it is ;o ordered. PASSED A:ND APPROVED this the - day of 1984. CITi OF D;;;dTOIN, 7EKAS . 3T u %=1-77C 71 ah i IL CERTIFICATE OF AUTHENTICITY THIS I$ TO UPTIFY that the onlcrophntoorophc appoarlnq an this film-Fll* ftvrrttno M,~ih CITY COUNCIL AGENDA PACKET 05/22/1984 and CITY COUNCIL AGENDA PACKET are lndinp with CITY OF DENTON - accurCste and comploio toproducllonc of the records of (Company and Dopl,) CITY SECRETARY as delivered In the regular cowrie of business for phelooraphlno, ft Is further cerilflod that lhr mIttlpholoprpphlc processes were accomplished in is manner and en film which meets wilh m1w1romanls of th} Nallonal Iwe:u of 310ndards fw permanent mlcrophologrop,ilc copy. ,141;ja • Racgrd* Cornptf . 1 L0401 T C C m m 0100Y AT ( PLACEI yin w t~PArk Reid Ststs