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HomeMy WebLinkAbout10-02-1984 C 1 T1~ COUNCI t A 6ENAA 10-0~.-~1 y 37. r 77" 77,p~? 7w 41 AGENW► CITY OF pENTON CITY'COUNCYL October 2, 1984 Work Sessio f the City of Denton City Council on Tuesdayp, Octi 1' 9$4 at 5:30 which i htehe follil,Defe so Roo of tbaa un a pa BuilAng at consideredt 5:30 p.m. 11 Tour of the renovated west wing, both Phase I and II. 2. Discussion of the proposed sign ordinance. 30 Discussion of the realignment of bell Altenue. 4. llecmive a report on the water treatment plant 4.; expansion study. 5. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.J1.'T.S. B. Real Estate Under Sec. 2(f)., Art. 625217 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.~ DI Board Appointments Under Soc. ?.(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, October 2, 1984, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of July 17, 1984. 2. Consent Agenda: Each of these items is recommended by the Staff And approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorises the City MaoAger or, his designee to implement each item in sedordanre with the Staff recommendations. ~ , Dedtgll City GOUncil 44en4e 4atlsber 2, 1~~4 Uge Two A. Vida and Purchase Orders: 11 Did N 9342 • Street and water line improversents for landfill 29 Bid N 9346 » Mobile radios 36 Purchase Order N 64764 to P. A. !lose Machinery in the amount of 33,551.73 4, Purchase Order N 64930 to Dolain Equipment Inc. in the amount of $3,18704 50 Purchase.9rder # 64985 to Calvert Motor Co. in the amount of $3,217.77 61 Purchase Order f 65064 to Art4ur &idersen and`Co, in'the amount of $40000400 7. Purchase Order M 65208 to Consolidated Traffic Control in the amount of $10,780.00 S. Plats and lteplats 1. Consider- approval of the final r*01,at of the Bent Oaks Addition. (The Plarfoing and Zoning Commission recommends approval.) 2. Consider approval of the preliminary plat of lot 1, block 1, Calvert Addition. (The planningg approval and Zoning Commission recommends 3. Consider approval of thq preliminary replat of lot 2A, block 20, College Addition. (The Plannin and Zoning Commission rocow"nds approval.) 4. Consider approval of the preliminary plat of North Toxas Industrial Pork, Phase II, (The Planning and Zoning Commission recommends approval.) 51 Coii'sider approval of the preliminary plat of lots 1 and 20 block 1, Rayner Subdivision. (The Planning and Zoning Commission recommends approval.) 64 Consider a grovel of the final replat of the Solar Way kddition,`Sectio'ni I and II. (The r Planning and Zoning Commission recom ands approval,.) ' ns '~'""`fi'r F'ge-`SR+",~y~z~: ~iYTrss~W?5",+.7'.? !"rri+-,i pmt' ~grpec'"vk~ y`-h^r«r.++:^yary?d'Gnw*, peel-., *f , Ciit~ 0~ >yetltOn ClCy C4Vit~0i,1 Ag~iada October 2,084 Page Three C. Tax Refundat 1. Consider approval of a to refund to Edith 5. Tucker in the amount of 641.10, 31 Public Hearinss: A. Z-1687. This is the petition of Harvey A, Thompson reyuastin a changw in *orning from the si le famil (SP-10)' c ssstficetton to the planned development (PD) classifioation on nn 18.1 acre trac boatd at the noxthh~ st corner of University ~riw (l,S. Highway 380 and Old North Road. It approved, the planned development will permit the following land uses: 104 &,o"s - nei*hborhood service land use 240 aor*$ • proposed park 6.5 acres - offles/virohooo use 5.4 acres - condo-clustor houAing, 65 units with a density of 12 units per acre 2.8 acres - zero lot line land use, 22 units with a density 6t7,9 units per acre 1 (The planning and honing Commission recommends denial.) B. Zw1688, This is the petition of W. H. Smith ryq~lues .ray reting a change in Oning from agricultural (A) to the planned development (PD) classification on a 52.9 acre parcel located at the southwest corner of Bonnie Brae Street and Payne Drive. If Opproved the planned development (PD) will permit the following land uses: 6.3 acre#.of neighborhood service land use 10.0 acres,, of single family detached knnd use • minimum lot sise''of 7 000 squaro feet 11.6 acres of zero lot'line land use - density `of ` 7.2 units per acre 10.0 acres .of malti-fisily land use • denr<ity 'of 12 units for acre 14.9 acre's of multi-family land use - density of 22 units per acre (The Planning' and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance approvin a change' in zoning from the agricultural to `Ohe planned development (PD) claariiff6ation bn a 52.9 acre parcel located at the southwest corner of Bonnie Brae Street and Payne Drive. i I 7711 r Oily of Denton City Council Agenda ~ctobot 2, 1984 are your C. Z,_oI68Q. Thts is the petition of Joe Evans r q o sting a cnenge in ;toning from the agricultural (A) classification to the planned devIolopmont (PD) classification on a 20.3 acre tract located on the east side of Nash Branch Road approximately 583 feet south of t19 S. Highway 380. If approved, tha planned development would permit light industrial (LI) land use. (Thee Planning and Zoning Commission recos►wends approval.) 1. Consider adoption of an ordinance approvn a change in zoning from the Agricultural classification to the planned development (Pb) classification on a 20.3 acre tract located on' the east side of Masch branch RoA4 approxieaately 383 feet south of U. S. Highway 360. 0. 5-181. This is the petition of Sigma Tau Gamin Fraternity r0uesting a specific use permit to . opperate • fVoteraity. in an Office (0), soning district .,,at the northwest corner of West Oak Street and 'Fry Stroet. The 'property is more Me described as 1302 West Oak Street. (The Planning and Zoning Commission recommends approval) 11 Consider adoption of an ordinance approving a specific use ermir to operate a fraternity in an office 0) zoning district at 1302 West Oak Street. 4. Ordinances: A. Consider adoption of an ordinance approving a requast, for a change in.zoning fror the ricuit'ural (A) classi> icatit~p to the planned 3ve1oprmont (PD) oisasiftd,utri^n for light indurrtrial (LY) ones. on a A30.6 acre tract located at the southeast corner of ' Jim Christal Road and Masch' Sretndh Road. (The Planning and Zoning Commission recomends aproval.) B. Consider -adoption of an ordinance approvingg net Independent Contractor's Agreement with Jerry Wright$ Space Planner, gor Phase III of Renovation Project. C. Consider adoption of an 'ordinance "approving an Independent 'Contractor's Agreement with Jerry Frederick, Construction Superintendent, for Phase III of Renovation Pro.iect. j .•,,..,,."p'°. f "d i'~a'~° r-a'^^rc'LT ~`'C. a9' d!`s°r ~"m: ~w F1 ? l i 7 ru . .`A 2J 4'T'R' y i '^P"7!Rf~" ^.ilu i r' 'Y L y S l f C#Cy 4x Aeakda City Council Agenda ~October 2, 1464 rage five D, Consider dAd option of an ordinance w proving an I14ep46dent Contractor's Agreedent with Richard Cooper, Mechanical' Engineer, for Phase III of Renovation Projeot. 9. Consider adoption of an ordinance getting inspection and permit fees as provided for by i' Article 1, Chapter 10 of the ordinances of the City of Denton, Texas; repealing all ordinances in conflict. F. Consider adoption of an ordinance abandoning and quit claiming an unused easement on property northeast of 1-35 and Prairie Street (near proposed Hill Run apartments). (The Public Utilities Board recomo nds approval.) i 04 Consider adoption of an 'ordinance approving a i contract with Freese and Nis olsp Inc. or master pplan 'update for sewer collection system. (The Public Utilities' Board recommends approval.) H. consider adoption of an, ordinance ap~roving a contract with Proese and Richois, Inc. or Denton water.treatment plant expansion site study. (The Public Utilities Board recommends approval.) S. Resolutions: A. Consider approval of a resolution establishing out-of-city Library fees. (The Library Board recommends approval.) 6. Receive a report on proposed 1984 electric, water/ wastewater rate changes. 7. Consider approval of a request for'water/sever service outside Denton city limmits'by Jay-Mar Addition, Lot 1, Block 1. 8. Consider approval to provide water/sewer service to Denton County North Mobile Subdivision and Denton County South Mobile' Subdivision on FAst McKinney Street adjacent to Vacation 'Village Estates. (The Public Utilities Baird recommends approval.) y. Offi,yial Action on Executive Session Items: A. Legal Matters B. "!teal gstate C. Personnel D. Board'Appointments e, I~w*, ~y°TP,."i z ~R{4 . 7C'p `*F",~.... ~'•y a. ~9 m l'?: ~ ~ p m hn: _ i city. a! ftotoa city 'COUauil Ajorwe I 00tobor 2V 194 a ix f, 104 Now b~lainoss: This item provides a section for Council Members to •ug8ost items for future *Sondas. C E R T I F L c A'r E 1 certify that the above notice of meeting woo posted on' the: bull,otia board at the Cit Na11 of the City o Dontaa, Texas$ on the dIft ♦k- day of 1984 at o'clock A -w W4 0-7 1509C d AQF.iDA CITY OF D&N'ON CITY COUNCIL October 2, 1984 Work Session f the City of Denton City Council on ;ruesday, ct otr f , 084 at 500 p,M in the C vil Defe se Room of the un c pa Building at w~hic~ the following iteaaa will be considered: 5:30 p.m, 11 Tour of the renovated west wing, both Phase I and II. 2. Discussion of the proposed sign ordinance. 3. Discussion of the realignment of Bell Avenue. 4. Receive n report on the water treatment plant expansion study. 51 Executive Session: A. Legal Matters Under Sec. 2(e), Art. 625217 j V.~I,T.S. B, Real Estate Under Sec, 2(f), Art. 6252-17 V,A.T.S. C. Personnel Under Sec, 2(g), Art 6252-17 V,A,T.S, D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.TPS, Regular Meeting of the City of Denton City Council an Tuesday, October 20 1984 at 7:00'r p.m. in the Council Chambers, of the Municipal Building at which the following items will be considered: 7:00 p.m. 11 Consider approval of the Minutes of the Regular Meeting of July 17, 1984. 2. Consent Age6d4: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommondations. Approval of the Consent Agenda a-ithorizes the City Manager or his designee to implement each item in sccordence with the, Staff recomendations. .`77 ' ' ,ay'T+e'.n*.r.Fn ' T ^*,.+m~',yq! jk „a 77 177 City of Dootoa'City Council Agenda Ootobor 21 1964 Page Two A. Bids and Purchase Orders; 1, Bid N 9342 - Street and water line improvements for landfill 20 Bid M 9346 - Mobile radios 3. Purchase Order N 64764 to P, A. Ross Machinery in the amount of $3,551.73 4, Purchase Order M 64930 to Bolain Equipment Inc, in the amount of $39187,04 5. Purchase Orde- # 64985 to Calvert Motor Co, in the amount of $3,217.77 60 Puroh'dse Order 0 65064 to Arthur Andereon and C+~, in the amount of $4,000.00 70 Purchase Order 0 65208 to Consolidated Traffic Control in the amount of $10,780,00 B. Plata,and Renlats: i 11 Consider approval of the final replat of the Bent Oaks Addition. (The Planning and Zoning Commission recommends approval.) 2, Consider approval of the preliminary plat of lot 1, block 11 Calvert Addition. (The Planning and Zoning Commission recommends approval.) 3, Consider approval of the preliminary replat of lot 2A, block 20, College Addition. (The P14nning and Zoning Commission recommends approval.) 4. Consider approval of the preliminary plat of North 'Texas Industrial Park, Phase II, (The Planning and Zoning Commission recommends approval.) 5. Consider approval. of the preliminary plat of lots 1 and 29 block 1, Rayner Subdivision. (The Planning ` and Zoning Commission recommends approval.) 6. Consider appproval of the final replat of the Solar Way Addition, Sections I and 11. ('The PlanniLn and Zoning Commiasion recommends approval.) Y; '..31 A1., J city of Dentop City Council Asenda October 2, 1984 " ?age Three C, Tax Refunds: s' 11 Consider approval of a tax refund to Edith 8, Tucker in the amount of $641,10. 3. Public Hearings: A. Z-1687, This is the 'petition of Harvey A. Th-o-m son requesting a change in zoning from the singe family (Sr-10) classification to the planned development (PD) classification on an IN acre tract located at the nort}1past corner of University Drive (U-S, Highway 380) and Old North Road. It approved, the planned development will porait the following land uses: 1.4 acres - neighborhood service "land use i 2.0 aores - pro osed park 6.S acres - offtes/wareho'use use. 5.4 acres - condo-oluster housing, 65 units with a density of 12 units per acre 2,8 acres - zero lot line land use, 22 units with a density"of 7.9 units per acre (The Planning and Zoning Commission recommends denial.) B. Z-1688. This is the petition of W. H. Smith requesting a change in zoning from agricultural (A) to the planned development (PD) classification on a 52,9 acre parcel located at the southwest corner of Bonnie Braes Str,+et and Payne Drivn, If approved, the planned development (PD) will permit the following land uses: 6,3 acres of neighborhood service land use 10.0 acres of single family deCached land use - minimum lot size of 7•'400 square feet 11.6 ores of zero lot line land use density of 7.2 units per acre 10.0 acres of multi-family land use - density of 12 units per adre 14,9 acres of aultiffaaily lot use - density of 22 units per acre (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approvin a change in zoning from the agricultural j to the p anned development (PD) classification on a 5249 acre parcel located at the southwest corner of Bonnie Brae Street and Payne Drive, ^J4 9 ~ : i ` ail ~ y L t. + 1'^'i .qP,F ass f lvr '~:^'1!Yi'A' 77 7 777P7 7~1 73 City of Denton City Council Agenda ' October 20 1984 Page Four C. Z016890 . This is the petition of Joe Evans w. w1Y1M M Vrequestiing a change in zoning from tho agricukCUral (A) classification to the planned development (PD) classification on a 20.3 sore tract located on the east side of Masch branch Road approximately 583 foot south of U, S, Highway 380, If approved, the planned development would permit light industrial (LI) land use, (The Planning and ''Zoning Commission recommerniti approval,) 1. Consider adoption of an ordinance approvin a chants in moning from the agricultural (Al classification to the planned development (PD) classification on a 20.3 acre tract located on the east aide of Masch branch Rand Approximately 583 feet south of U. S. Highway 380, , D, S-181, This is the petition of Sigma Tau Gamma rraternity requesting a specific use permit to o erote a fraternity in an office (0) zoning district 'at the northwest corner of West 'Oak Street and Fry Street. The'`~property is more partioulsrly described as 1302 Vest Oak Street, (The Planning and Zoning Commission recommends approval.) 14 Consider adoption of an ordinance approving a apeaific use permit to operate e fraternity in an office (0) zoning district at 1302 West Oak Street. 4. Ordinancest A, Consider adoption of an ordinance approving a request for a change in toning from the agricultural (A) classification to the planned development (PD) classification for light industrial (LI) uses on a 130.6 acre tract located &It tho southeast 'corner of Jim Christal " Road and'Masch Branch [toad. (The Planning and Zoning Commission recommends aproval'.) B. Consider adoption of an ordinance approving an Independent Contractor's Agreemeat with Jerry Wright, Space Planner, ffor Phase III of Renovation Project. C. Consider adoption of an. ordinance approving an Independent Contractor's Agreement with Jerry Frederick, Construction Superintendent, for Phase III of Renovation Project, City of Dent*k City Council Agenda October 2, 1184 Pose Five D, Consider adoptiors of an ordinance approving an Independent Contractor's Agreement with Richard Cooper, Mechanical Engineer, for Phase III of Renovation Project. E. Consider adoption of an ordinance setting inspection and permit tees as provided for by Article 11 'Chapter 10 of the ordinances of the City of Denton, Texas, repealing all ordinances in conflict. F. Consider adoption of an ordinance abandoning and quit claiming an unused easement on property northeast of I-35 and Prairie Street (near propposed Mill Run apartments). ('The Public Utilities Board recommends approval.) Cis Consider adoption of an %dinanae approving a contract with !'reeso and Nic ols, Ines ffor master plan 'u date for sewer collection`, system. (The Public Utilities board recommends approvals) H. Consider .adoption of an ordinance ap roving ;a contract with Freese and liohols, Inc. or Denton water treatment plant expansion site study. (The Public Utilities Board recommends approval.) 5. Resolutions: As Consider approval of a resolution establishing out«of-city Library fees. (The Library Hoard recommends approval.) 6. Receive a report on proposed 1984 electric, water/ wastewater rate changes. 7. Consider approval of a request for water/sewer service outside Denton city limits by Jay-Mar Addition, lot 1, Block 1. 81 Consider approval to provide water/sewer service to Denton County North Mobile Subdivision and Denton county South Mobile Subdivision on East McKinney Street adjacent to Vacation Village. Estates. (The Public Utilities Board recommends approval.) 9. Official Action on Executive Session Items; A. Legal Matters g. Real Estate C. Personnel: D. Board Appointments r IF 1 ; e C Cy of Den,toa City Council Agenda +v 01 tob r 2o 19 i Aare Six' z 10. Now business; `t. This item provides a section for Council Members to suggest items for future agendas. f pr C E R T IF I C A T E yIL 'I I certify that the above notice of meeting was posted on the bulletin board at the Cit Hall of the City o Denton, Texae, $I; on the t4~- day of 1984 at o'clock t f- Y.r 1509C t. yy } y .i tM, t It!' l.Va 5 3' ~S 7 qM]M 1 August it 1984 To The Members of the City Council Denton, Texas Dear Council Member, Thank you for allowing input in the drafting of a new akin ordin"ce for the City of Denton. A* you requested in the last study session, you will find a list of recommendations for the proposed sign ordinsaae. If I cam, answer s questions about my suggestions, t , please feel' free to contact aye. r Since C i Rodirg 1 Reding Advertising, Inc. CR/pr Enclosure ~a 7 5 ;7:r PRO~Oa~a S ION =%NAN= CRAM I• Paq g, Section C. PORTA= SIGNS, No. 2 &Shop ps In"&& PertA a s : -md Change 25 sqo feet to 32 oqo ft* Page 10, Section' C O PdRTAMJ SIGNS, No. 3 Rliuhtien of Of t- Prmgl Portable able Six". (a) No Wait should be sails on o i f,promi se ~n~a gns are placed correctly (is, spacing, aet-bank, height etc.) they should be governed just like all other ;1SUS. (b) AM"t• OMIT Pap 10, Section Co. PMA= S14NS, No. 4 g3i 6 Cosplotely orit this sec ont why oaw a ""Um o ras speech? II. Page 10, Section D. RY40LATIO14 Or SIGNS BY ZONING DISTRICTS. 1. PA,IJ, . Why prohibit portable signs in 1~~`or like,spor eat zohin8m? Page 11, , (e) dlr. (2) Chance 4501 to 100t,6 Page 11, N0. 2 1fdn-$„i t ( b) No sign$ which is not a roof sign, s ai hs?s a e gbt. greater than 40 feet, axcept along Interstate 35 where the maximum height may be 60 feet. page 12, Yo. ,3 Planned nerelanment District. Planned ;Developoent areas should not get special treatment! They should Piave to comply with all other zoning sign laws. Planning & Zoning should not be allowed to write'their own sign ordinance for each property, Page 139 •No. 2 . (b) Projection'BerenQf. Why not write this section Suglish so that someone oau understand-it? - f Page . Wbat about' A wosn341 Nx~ $3 Painted sign 7 (aCould you no t 'use this typo 'o f sign on a wall? If so, why can you not use woodon blocks to attach sign? T`11 , T't 717 % t' i ' ~'#t+y.'~7~'ie^r +~rncr r TFq' 3f 6 P t11} ~r N be o oar issue urn +~Ve Pat's of at a Pub 3o elootiou a an 3Z square test, $to. M Pap 19 * Soo tion K. I~MW 0FTWWMw, Stan, Noe 4 X04 All 1484117 aor.~a0 1o0bd sips Which become S# qo o to S as renal of his ordiAane ahaI3 be owd to roadze ~rr lepl nonaonformin p which becomes da~aged or d•Stro~~ed in 0=404 of Woe its ralq, shall be reabvede Any illegal or abandoned sign shall be removed. V. Page 21, Section J. MS"XAL LAMMARK SIM* We need sore information as to what makes a sign historicalt Siss, dolor, setback, age, prioel Pap 23, t4 a sg, , 0e Setback should be as follows: AsUllak fa 20 -150 ~ ' Over 200" 251 UST RMAW t City of Denton should create a Sign Code Board to heap make judgment calls for building official. This board would also be a sounding board for any citizen that had special complications concerning sign placsm*ntse This board would dire our city a chance to operate in an unbiest logical governing body. Thera would be many advantages for the City of Denton's Staff, i members of the sign industry, And the businesses of Denton to j have a Sign Code Board made up of local citizens and sign industry members. A Sign Code Board would help in drafting stew sign regulations just like the Building Code Board operates for II the building official. Also a`Sign Code Board would be an 1 appeal board for citizens who disagree with building official's dsalsiot * as to deterioration of old Apal' safety, ;fire, or' health hazards. 7? 'f 7 717, •f p~ 7T Saa*stionS 'tram Mr's SlAck $440% ;Am, evil, we 1 t / tl Oro 11 to 74 d" 44 / lop p how 74 A 100,12 / U A 11011 N, o d ,y loo 4,~j 0~ /,/Oo* 7;i Oe4al /A, n. b c ~~r '7• ~ ?:r, r ;p n5w! F aP+' , tY ~ k t = t ¢ 1'T"~t 1°< tU~-' 'S1" *!R'-,~ `F ~ , a i In C.+t. ~b ~f'~/ S•~ O~J 1 7~+w Cl /1K.~" 1., W-4~•;.~( A. ~ ~ i S RT o ~J o ~ ~ ~ ¢ , o~'C ~O ~t ~N` ,l~.y+/t,~.,, ,•c, 1 Z ~ .ft ..ytr aL vv ook~ Ol 40 ° ,I 1 J~ J. o r ' i + 1 1 Y+,. V1, I WAYT 110, 7 Aft2I, 90, M4 e NO. VIS O"INANCZ UTINQ 70 I SIGNS AM gT1 CTIVQ A N17 &W r~ 1R1'IC 17ROf D 4ilx CLXA;NT4 1~ItQY~OpVT" =a ' FOR ilr RCQUI~AINTIN OTFSItIS CITY OF AMR+IR UM 9DD DOLLA~RSS 020000? p f0 VIOTIONS4'YFttil OF` POV p LDINO ra ~ $ZVEkADILITY TUSE~ REPEALING ALL OMINANCES IN COMPLICT Tn EOF; AND PROVI IWO FOR AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton finds that the regulation of the sine, location, height, uee, maintenance, construction and placement of signs and other outdoor advertising devices and structures is necessary to prevent impediments and danjers to drivers and pedestrisas upon and along City streets, sidevalkw and easements; and ALMS, the City Council of the City of Denton finds that the, use of signs and other outdoor advertising devices and structures, if unregulated, csn, because of their nuaber, placement, and characteristics, adversely affect proparty values; aesthetically damage the overall environment; create as unfavorable business climate which hampers attempts to attract and retain desirable commercial and business enterprises; and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which to -'isit, live and work; and WHEREAS, the City Council of the City of Denton finds that portable or mobile signs present spacial traffic hazards when towed on public streets or displayed on or along public right- of.-ways; act as impediments to the effectivenegl of the police and fire departments in performing their duties; present dangers to the health, safety and general ualf&r* of the citizens of the City of Denton because of their mobility, their propensity to ba blown about if not properly anchored, and, if, light.d, present special hazards of electrical use not found in other ci%ns; and WHEREAS, Texas Revised Civil Statute Article 117$ (24) specifically aiwmerates as one of the powers possessed by the t PACE 1 7,",7 Ar : x 'f'' r 'F r City of Denton is the authority to regulate, license and control or p;°ohiblt the erection of signs and billboards{ NOV, TNQt1MP T11C COUNCIL OF TILE' CITY Of DENTON KMUY ORDAINS That Article 17 of Appendix I-Zoning of the Code cf Ovdi- nanoes of the City of Denton is hereby in all things repealed, SECTION 41. That a new Article 17 <,f Appendix I-Zoning of the Code of Ordinanooa of the City of Denton is hereby adopted to hereafter read as follower ARTICLE 17, SIGN MULATIONS A. General Provisions 1. Purpose L Intent 2. Definitions 3, Signs Not Regulated 4, Prohibited' Signs S, Administration L Enforcement i b; Permits C, Portable Signs D, Regulation of Signs by Zoning Districts E, Regulation of Attached Signs 1. Abandoned Signs G. Special Provisions 1. Manner of Measurement 2. Setback Clearance. Zone 3. Signs on Certain Highways 4. Clearance from Electrical Lines S, Temporary FA Political Signs 6, Sign Maintenance 7, Identification of Signs H.' Nonconforming Signs 1. Special Exceptions Allowed Historical Landmark Signs K. Conflicting Provisions A, GENERAL PROVISIONS 1. Purpose and Intent. It is the purpose of this Article to regulate the construction, erection, placement, maintenance, use and removal of private signs 'within the City of Denton, Tawas, PAGE 2 74W 'i:,77+ ' 'TW4 ^K`r*.ry'ic a 73, 5 It is the intent of this Article to regulate signs generally by classifying each sign a<cordtag to its design and construction and by regulating, based on such clossificatioa, the type, number, size, height and setback of stint according to location in'the various soniag districts. It is also the intent and determination of the City Council that these regulations be and are the minimum necessary and least burdensome to accomplish the purposes heretofore stated, 2. Definitions, The following words, as used in this Article or Article 7, shall have the meanings respectively ascribed to thou, as follows r (a) "A,dnertisia " shall neap to sack kkhe attraction of or to direct tie attention of the pub to to nay location, goods, sorvicas, or merchandise whatsoever. (b) "gusiaess Purposes" shall "an the erection or use of any pro erty, building, or structure permanent or tasporE4 for the pr, ry purpose of oonductiag is said building or structure or on swid property a le itiaate ooswrei4 enterprise in ocfippliance with al ordinances and regulations of the C ky of Denton `overaiag;such activity. business purpose shall not include any property, building, or structure *rooted or used for the primary purpose of securing a permit to erect a sign, (c) "Curb lire" shall mean as imaginary line drawn along the outermost part or back of the curb and Sutter on zither aids of public street, or if no curb and gutter exist, along the outermost portion of the pavements or, if no pavement exist, along the edge of the traveled portion of the roadway, (d) "Effective area" means the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines which fully contains all extremities of a sign ((or signs), exc wive of its Su2pporting structure, Thin rootangl• is to be calculated from an orthographic projaation of the sign viewed h0r12ontally. ' A viorw~ point for this, projection is to be taken which giv#s the largest rectangle of tnat kind, as the vitvpoint is rotated horizontally around the sign, If elements of the sin are movable or flexible, as a flag or string of lights, the measurement shall be taken when .the *laments are fully extended and parallel to %.le plane of view. (a) "Non-Rdsidontial Zoning District" means any tonin district desi hated as a P 0, OS, OR, C, LI or H1 district as sto,Wn on the oificial toning district map of the City of Denton, (f) "Owner" means a person who has legal title, control or possession of,property, (g) "Premiseai' shall soon a lot, parcel or tract of real property as shown' on a plat approved' in accordance with law and filed with the County Clark's Office or i. PACE 3 A d`; r TT F ,rAi tT t w d. r~ wf T*~P~ All " W. an unplattod trs4t of land as conveyed by dead or oporatioa of law and recorded in the ottllicial records of the County Clerk's Offies, (h) "Residential Zoning 'District" mesas any soning digIriot doslsnated as an A $1•7, SMO, SY-13, $r- 4 20X, •R, XF-1 or Mr•l district as shown on the ohioial soniag district sap of the City oi Denton. (i) "Side Yard setback Lines" wan the imaginary lines drawn parallel to the sldo yard lot line or property lines on a precise which delineate the minimum required side yard areas for that promise. (j) "St All shall mean any daviee, fla``, light fixture picture, letter, word, nesup , 41 l, plaque, VUJ device, or poster visible gross premises on which it is located or from any public street 404 designed to inform or attract the attention of persons not on that promise, exoludin$' those searchlights and laudscape fixtures which display no words or symbol& and pphone works of art which display no words or additional symbols, For purrppootel of thi Artl4le, or Article 70 particular types of signs are furtt,.r defined hereto as follows; (1) "Abandon ad Sign" shall mean an on•presiss sign advertising an activity, business, service or merchandise which vas at one tine, but is no longer, located on the premise. (2) "Attaehe4 Silo" shall mean any sign attached to, applied on or supported by, any part of a bbuilding (such as a wall, roof, window, canopy, awning, or marquae) which encloses or covers usable space, Wall bogne, roof signs and projecting signs shall bo considered attached signs. (3) "Dilapidated or Deteriorated Sign" shall mean a stool I (aa) Where elements of the surface or background can be soon as viewed from the normal viewing distance (intended-viewin distance), to have portions of the finishel material or paint flaked, broken off, or missing, or otherwise not in hermoay with the rest of the surface; or (bb) Where the structural support or frame members are visibly bent, broken, dented, or torn; or (cc) Where the panel' is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or (dd) Where the atgn or ilamenti of it are twisted or leaniag or at angles other than those at which It wasr originally erected (such as may result from being blown or the failure of a structural support); or (at) Where the message or wording can no longer be claarly road by a person with normal eyesight under aordAl viewing conditions. j PACE 4 F. ~17, 7F 7' w`t 7 e F 2 i r• .z S, i, • a (4) "Ground Sisa" shell mean "a sign whose priaoipal support is pprovided by buryia , aaal~o is or otkMti- wise eonamobias the sign, 41 suppar1i41 structure thereof, to the irowad la such a "aasr to not to be easily or quickly removed or relocated, sad which is not a stem sign, portable sign or attached $ism. (S) business, activity, shell gololds, me any produ tie or aivervices not usually located on the promises where the $ion is located or which directs persono to any premise other than where such sign is located. (6) "On-Precise Sign" shall mean any si a advertising tno businoss, erson, activity, g004e, products or services pr rily located, sold or offered for solo on the ppo ses where the sign is located. A aisa which;pfoeotes or displays a political, religious or 14oolo coal thought, belief, opinion or other purely noacosr orcial messaie shall be considered an on-pr'omsise sign. (7)` '1060'gisn" or 14A Sign" shall mesa Say number of dace located oa or supported by a single support structure (a) "Portwbla Sign" shall scan a sign whose principal supporting structure is intended, by design or construction, to be used by resting upon the {round for, support end which may be as,stly add Quickly moved or relocated for reuse.- portable aims shall include, but not be limited to, signs mounted 'upon or designed to be mounted upon a trailer, beach, wheeled carrier or other non-sotorired sobils structure with or with out wheels; cad A-frame signs and other similar signs, or'au porting' structures thereof, resting or leaning on the ground or other structures but not permanently attached thereto. (9) "Projecting Sign" shall mean any sign which is wholly affixed to, or supported by any building wall, and which exte do beyond the building will more than twelve (12"3 inches. (10) "hoof Sign" shall mean any sign wholly erected on, affixed to, constructed on, maintained upon, supported by, or located upon any roof of any building. (11) "Stake Sign" shall mean a sign whose principal sup- porting structure is so designed or s sped, usually by !making'ono and pointed, so is to be erected and used by pushing, pounding, hammering or forcing icto the ground and allowing quick and easy removal and relocation froo one place to another. (12) "kill Sign" shall mean any sign wholly affixed to, :u pbrta by, or fainted upon the wall of any bu~lding,;add which is not a profectiag sign. (k) "Supporting structure" means any pole, post, cab14, or other structural fixtures, or parts, to arranged.or used so as to hold, secure or support a sign, or part thereuf, and which is not imprinted or labeled with any picture, symbol, letters, numbers, or words in excess of one inch in height nor is internally or decoratively illuminated. (1) "Wind Orvica" means any fla , banner, ponnant, streamer or similar device chat moves freely in the air. PACE 5 i .ti tr 1 ~y~ 3, SLen.89 N„Hot_PANUjaled, The following types of signs shatl be 'exempt from the provisions of this Artiolel (a) q$p"atgj Sj&u Any sign emoted or maintained cant go -no to discharge of any povornmeatal ungtioa or which to required by law, ordinance or governmental ~agulatioa, . Any sign within or on railway property (b) % q p"$*a 0. maintained in reference to the operation such railway, (o) ppi aoN~~.atStransmissionn *4 11utility or Underground (d) V,oki&Sle Still. Signs displayed or used upon vehiolea, fa e s or aircraft unless such vehicle, trailer or aircraft on which such sign is ditpleyood is permanently stationed or regularly used at a fixed location to serw the same or similar purpose of a permanent or portabko sign not affixed to a vehicle, trailer or airora t, us V AoY sign where no art (e) ei~ug"e fii"~i3I13Iifrom any public street. p (f) l ~ Temporary , holiday or re ous i s w u oreial advertising. (g) lWal go LUp Rand hrld signs, signs, symbols or spas on persons or aniaels. a 91gna being manufactured, transported (h) u Sig, or stt rim ad not being used, in any meaner or form, for purposes of advertising, (i) Pls ue , Couisamorative 'plaques of reco`niaed s or cal societies and orgauizations. (j) Pxiyat T i Cu crol. On-pr*site signs which 3 xset~` tFs, nt or traffic on private property (such as entrance and exit signs) or warn of obstFCles, overhead clearances, or control parkin t; provided that such signs, are lsaa than 10 feet n affective area, are less than 6 foot in height, and are not placed so as to interfere with the safe movement of vehicles or pedestrians. (k) Hail Soxes. w r a. Signs located on mail boxes', newspaper vet ng machines, and curbside residential newspaper holdors which identify the owner and address of the promises or the name of the nowspapor sold or subscribed to; provided, that such devices are not placed to as to interfere with the safe movement of pedestrians or vehicular traffic. (1) dutdoar Machiaes~ Devige and Eluipm*nt. Signs Ool ! On, accacned t0.. or pa a .'upon ,Chines, devices and-equipmont located or used outdoors which do not generally kJvertiae the business unarm such machines, dai,ices'and equipment are used or located but do, in regard to such machines, devices or equipment, identify its trademark, tradoname or manufacturer; give the tame or cost of the product or service provid*d thersfroh.; or Siva the operating, instructions therefor. PACE 6 "a .a , a cSa~~'9i ~'i SR'°C`t~~°Y;~.fc'*r+ri ;jy"°4 nn ~i-n'r- ~Z••'+7}# , c v i ' AA , r i Such paohi s, devices and eqq~e at o1+a11 iaeluie, but ltod to ooia-operated vend okiaoa, twl ae« 14 Mot dil ~agpumps 0 telapheae booths or ittOd ausu- smttc ~er maohiaiss, autometiw vacuum cioauers, "d other olas'sal!-service outdoor mechiaes, d"ieos or aruipmsat. 4. f biied sisti . It oha11' be unlawful for any pet$" to erect, construct, maintain, reconstruct, place, ocavert, locate or make use of or cause to be *ratted, constructed, maintained, reconstructed, placed, located 'ar used, any of the following signs for advertising purposesi (a) S as n TOSS:! 1'ropguy Nithout C_ ouseat of 4rasr. *Long oo Oct p a s proper y t of the owneri of(I said promises. (b) x~ 'itb 01 IWO) ~i/'Rl wigwo! a rrchgvisre off-street fJurking $#sco or 15"Ouvoriag area. (o) Unsal3I3z ism. Signs vhleh are, or becomes e , dilapidated or in danger of falliey or otherviao unsafe. (d) $Jsiks on ~{iblig; r a Signs, which are located on c u s.a v o alt, sidswolk, alloy, risht~of- ways curb, or any public bridge or part of caw, or on any public building or Utructur* of asy kind beloasias to the City, when such use or :locatioa unreasonably interferes with, or creates danger in tPS use of the public property. In any cases- ground or portable, ofiat shot 1 not b0 located within the public right. of -way and no sign shall be located with- in a street median or intersection visibility triangle. (a) Coda CoaRItAnca. Signs which do not comply with an applicable provision of a building code, electrical code, or other applicable code or ordinance of the City. (f) Troea and Shrubs. Signs located on trees and shrubs, (g) o io Pioture_ Silas Sig~ys which employ a R ~c lure mslchine. (h) Silas ¢bscur1njt or Interfering With View. Signs a o_ "'TL" li3Tn such a mapper as to obscure or othe,wise intsr;ere with the offsctivoness of an official traffic tiga,-sipal or devUlo or to as to obstruct or intaRaere with the: view oil a driver of approaching, *margins or ihtarsdctiag traffic, or so as to prevent any traveler Foo any street iron obtaining a clear view of approaching' vehicles for a distance of 250 fret along the street. (i) froger ig ding Of~11sw Sip,ns. Signs containing or making use o lights wh et are not effectively shielded as to prcvont beams o rays of lights from bein direated at any PPortion o tna traveled way of a ppubl o St.-r which era ~sf such intensity of brilli,aace, ` reSardless of iuta, directions , or shie Vitals to a; to likely ia'air or iaterfere with the _sioa of any driver of an;j motor vehicle upon a public street. s PACE 7 ~4 1'rf` ~Y { i~~ '+l 'Any wigp verb Christ"s 11g is pr sins 1f~► b vs eX804 CeM~laoig* or vhieb b Ave auto"tinally chsagLog massages. 4 • S.~~tratiea gnf°et The ruilaiat Official shall onforc and a4sisittea the provisions of this Article. The building" Official or 'City ?Tanager may delegate the duties and powers lreanted to and imposed upon the building Official by this Article, 1. Por"tt Required for Bisns. It shall be unlawful for, any person to place, locate, Bract, construct, reconstruct, alter, 64ta'tain, or make use of any signs cot exempt from regulation, without daviag first toaut'ed`s written permit for such sige fr6a the building Official, except as otherwise Provided in this Article. 2. Sxceotions to Permit Recuirameat. The following types of regulated silos shall be exempt from the permit requirements of this Articles but must comply with all other applicable regulation of this Articles (a) Legally nonconforming signs as defined in this Article. (b) Wall signs, legal notices and building address numbers, (c) State or National Flags. (d) Signs painted on glass surfaces of windows or doors. (a) Portable Signs. (f) Stake Signs, 3. Application Procedure. The application for a sign permit shall be submitted on such forma as the Building Official may prescribe and shall be accompanied by such information, drawings and descriptive data as roquIrad by the Building Official to in. sure proper regulation of such sign and to insure compliance with this Article. 4. Permit Fes. If the plans and specifications for such sign sat forth in any 'Application for a permit conform to all of the roAuiraaaats of. this Article and any other, ordinance or law applicable thdrato, the building 09<icial` shall, upon payment of the following fee, is A" the appropriate permits PAGE 8 7) 47 W7- 171' _7 tifNtive Ant 21 Stan (Sf. Ft.) 0 t4 . $0 115,00 ever to 100 10 over' 1 to 1 2 , ow to $0.00 3. 'Russ ioa of tftmit. Was$ otharwiss revoked, All permits issued for sipas shall be valid'for as indefinite period of time, except as otherwise provided for in this Article. 6, Joy"atign 21 ! , (a) Raffia 1 OTdaT, The Suildiap Official is n6rer a g i "Sir to revoke an sad all site permits for violation of K big Arti*14 provided that, the W ldiol A ticial sk#11 aomdAiati a hearing, if roqueatod by the po"I t kwl4or, Prior to the rllroeatiom` of the r~i%- The *at whale po !a w►der oo OlAkratitk:0 ell De ai. per" . lesttt ' ► (10) dayll +►it'it4fa uotics! ,4 the date 4" C1tM. 4f the MAS a1~1 lthell be p ittod to Ove4 pt Tfl'fyamt tAdta ; tEd ~d rinefatioa. Fol owing such the ties a ffidiAl SbAll issue written decisi'oa, and, if such permit is to be rovoiAd provide the permit holder with a copy of suoh deci'sloakan~d! order revoking such permit. (b) Aid f"I ""~n nay'per~tith¢lder wishing to App. eciiioa order of the 4uilding Official revoking a silo permit may appeal the seen to the board of Adjustment in accor aocs with the laws, ordinances, rogulations sad procedures governing other matters appealed to said board. C. PORTABLE SIGNS. 1. Regulations Aoolieable to all Portable Signs. In addition to all other applicable prnvisions the following regulations shall apply to all portable signs is all zoning districts. (a) Flashing Lights Prohibited. No portable sign shall e use so as ro' u~ use of any flashing or intermittent lights on or in conjunction with such sign. (b) S s re All portable signs used for a ver ng purposes, whon'act in transit, shall be securely anaborod, so as to prevent overturning or unsafe eovemoat, the sufficienty of such anchorage to be determined by the Building Official, (c),~ax~m se. No portable sign sha11 be used for acTGer s nS which is in excess of 72 square feet of effective area. 2. Number of On-Pramise Portable Signs Limited. No person shall place, erect, maintain or a:xe use of, at any one time, on any one promise more than two (2) 'on-promise portable signs for purposes of advertising of an effective area of 1S square left PAGE 9 • y„ ~l~Z~YI ~ r . E 7 c$RC-u].'* . .y nn "''-s5, ~"`""K''2Rfi„f"~'v tii . or to so or moiro than out (1) on-prosise portable sign for purposes of a)ivertl.siug of an effective area of more than 23 aowre feet. 3. Rgy;Ag;om of off-t Mlse' ftlt4lb}a Signs. The followt% regulations' shall apply to all off-premiss portable signs used for advertising; (a) Lir. No parson shall erect, maintain or nos • vas o more than one off-pres<ise portable sign at aayy one tide to advertise, identify or otherwise give information relating to the business, activity* event, product or service, whether one or mor located on or at any one busiaesa, store or oommeroial establishrent. a (b) opera d, No Portopp, shall place, arced, make use oqf o tat* an off -premise portable sign within feet of another off-presise portable alga. Is ON 4timg the spa r quirsmeat, the 0"9%ursm"t sl Woods pa r to re the nearest curb line asW on the same silo of the street, (c) I_e The owner of as off premise portable sign she cause each sign to be conspicuously labeled or marked with the owners acme, address and telephone number. (d) Register To So Kept. Every owner.placing, w ins or as n a A ng aA off-promise portable sign shall koop a current register or book showing the date or dates when, and location of the premises whera, such sign is placed or used. No ,person shall record or register a sign as being ured on a date or dates or at a premise when such sign was not to used. Every person required to keep a current register or book shall make such register or book available to the Building Inspector for inspection, upon demand, at any reasonable time. 4. Abatement of Off-premise Portable Signs in Five Years. Beginning five years from the effective date of this ordinance, no person shall *root, use, make use of, or maintain any off- promise portable sign for advertising or business puq ores. D. REGULATION OF SIGNS BY ZONING DISTRICTS. The following' regulations apply to specified signa in _he ` specified zoning districts. 1. Residential Districts. The following regulations shall apply to signs in all residential coning districts. acting, ,sortable or off-promise Roofpproj aa~es are pro~~ibited. (b) Height. No sign shall have a greater height than 13 fast. t, 1 Sr ' PA-JE` 10 a; j ,ir F -1- a { i ~i...~ o. IRAM No ~l>ea shall have an Affective Arne RsaoaaT (e) W.fo $Iwtd~ foot, (d) All toWad sigae shall. t,otAAia a sliutomb e' or s tb*ok fTa tho 41 line which is gull to OY gyrator Chia ow•halol thm required s boat yard for the promise Where th alga is located. (o) Only sae ground sign 'shale be loootad on 000 6 so; except as provided Lor as follows; (1) Aay ppremises fronting more than one public street, which is act en alloy, shall boo allowed to omen use of one ground sign on each saparato' street frontage. (2) Any presise which has wee than 450 loot of `public street !rootage on say one public street (exclud- iW alleys) may make use of one Additional #mad sigm for each 00 toot of frontage, if friction thtrsrf; Rho royad siraa to b: plac a* 010"T thou ese- 1~ o the total istaace of total street frontage oq which they are used. 2.m~ideet Rife eta. The, following regulntieao k sh411 apply to sips is non-resic4edtial toning districts: (a) Tn All types of aigae are permitted, ?b), # gd, which iA pot r roof #igp, shall height greeter than 40 feet. (c) Six*. n shall have an affective area greater 400 aqua foot. (d) kthAck. All ground, portable, and pxo.leeting signs '•FtIT~ Aintain a sinistus distance or setbback frog the curb line, as determined by height and effective area, in accordance with the following, 4 Minig4a Setback F 3 30 30 30 Haight (ft') 2 20 20 30 0 20 30 0 so 1S0 400 Effective Area (S4.Ft.) (In crteraining the required setback the measurement of the height or effective area o? the sign which would require the greatest setback shall be usmq; provided, however, that if the determining height or effective area -oeaaurekent is a dimension that separAtes two different setback requirements the least restrictive setback 'shall be uW.) (a) Nusbor. Qaly one round, sign, or supporting strua u hereof, sha h be *catsd on any one presise, except as fulloaal` (l) Any presises fronting more than one public street:, which is not an allay, shall be allowed to mske use of one ground sign for each separate street , _ ' lroetrge. ~i PACE 11 x<'~1„-~ ate".-'4 - Kn r a .'S 7 r ASV. (t) A041 roltoso whi,ah bas sore thou 450 fee of a10 lays) att raatego as sty 0", strost (4401 a1lays) say 04M use of oM additioeel 4$0 toot of a , ' or Motion tboreot. Too ii;aa to 'be pirea a;, closer than e4.h4lt of the total distames of the total street ieoatape ell Auk tbey are used. (3) W4►ar~ p+C s4 eomtaae hero t Q lawfµl,l part4t tt bu6 ems or we in Ovido uila"a t a" = iaess or use' thereon shall W allowed can or save on-presise signs on the, porsitted Supporting Structures thereon. 3. P wed Daw~logmat Di~istt[i All signs located lA a Manned Dewlopsont District shall comply with all provialoss of. this Article iaoludiag any provision that would haw been applicable to the property on which the sign is located had the property boom otherwise soned into districts in accordance with the "as shown on the approved Site plan for such plastid ai i Dewlopeeati provided,` however, that the planning and Zeaimg i Comassion say rocomead, sad the City Council say vary in the planned development ordinance for said presises, any of the Sign requiresants of this Article as such rsquiresents would apply to Signs in Plaaaod Development Districts. 4. Co ral business Dist tricti. The following regulations shall apply to aigra in Central Dusinaos 'zoning Districts. (a) ~i-W&y__ Lag station on Prc Pectins Sitcs. No pro- ject no ~;n s~h&Itproject or extsn hto the public ritht•of-woy for a distance of more than 10 feet or within 2 feet of the nearest curb line, whichever is more restrictive. No projgoting sign, supporting Structure, or part thereof which extends into the public right-of-way anall oaoupy any of the apoo)a bbetwear the round level and 8 Feet above said greiund level in said right-of•way. (b) site. 'No sign shalt have an effective area greater E a 400 Square feet, (c} Nsiiht Limitatiops. No around sign or supporting Strut ura rem shall have a height greater then 40 loot. E. REGULATION OF ATTACUD SIGNS. In addition to any other applicable rrdulationa, the follow- ing regulations shall apply to the type of aian specified in all Schins districts. 1.'Roof St=ns. (a) Projeotion. Roof Signs, or the supporting `structure thereof, shall not extend laterally beyond the exterior Halle, PACE 12 r. q 5 er upwase beyogd the highest point of the roof of tbi ►uilh:ag es yAiolt it is located, to a hoigae, as maafured 9r" gtsW W lwai to the hubase port of the roof, which is greatas then oraift" below, as followrt 1 'oae ~1)) story bldg gSS¢~ of Rd$ hot 4ht 2 two ,Z) Story bids. 30x of d hatght 3 three (3 to five (S) sto bldg of di M iiht sit ((6 to alas (9) t ldg p o l MR I) to fifteen 1 11) story bldg 131 o bld4 ho tht t sixtaao (16) story bldg or higher Max. hoight of foot (b) All roof signs shall be thoroughly ! ~ W* Ths building upon which they are installed. t' I; 2. praieaeiaa~ Pieas, (a) . All `projecting bias shall be aecu:~tly I` ~ the building or strue uxeo t (b) Q~CTQQ'3n rij~1 ofp aaneotbyildt abal4 *at too project above the roof or parapet wall or O► ow the roo level whaea two is so parapet Milli "eapt that a ,aiS4 er"ted at a right angle to the building, Glh* hoeisontal width .of which sign, prrpaadioular' to ty'ch wall, does 'sot exceed eighteen ioehes may be ereet''kW to a height not 'axcoadiag 2 fait above the roof or parapet wall or above the roof level where there is a,z parapet wall. A sign attached to a corner of p budding sad go to the vertical line of such corner, shall bo deemed to be erected at a right angle to the building wall. (c) Sig, 'Cho total square, footage of all projecting ai`ns shall not exceed twenty (10x) percent of the Will area on which such signs are located, 3. Vail MKOS. (a) Con r i n. Wall signs attached to exterior walls o SO~Ld wsoor , concrete of stone, shall be safely and securely attached. }food blocks shall not be, used for anehora a except in the 'oat*,,, wall a as attached to buildiags with walls;o}' .9, A wall sign shall not be supported by anch&' set, secured to as unbraeod parapet wall. (b) U" The fatal square footage, of all wall signs sal not •xoted'tuaaty (20x) ppero,ent of the wall area on which such si=ns are loosted. 4. Stags on Comog guildiaar. When coo or morn attached signs are located or to be 16cated on a building which i;/ divided and contains more than one business or use, the. rogulation of such attached signs specified herein, as to stle and projaetion, r shall apply separately, to the part of the exterior walls 'Khiob h, contain that business or use. PACE 13 . .jV17 Fps I 1:'~ l ~ rj.11~ Y F. AAAWMM MN 1, 1{ ~klf1 l1l~ 3i8l~ All abandoned sigas mad tlMit supporting struitur" I it set a b"ldiog, shall be rsmowd wit"a thirty (30) 'days, from.ebe dots of mat by the owner of the promises on which suct;l sign'` is located. Any sign or suaportiat structure which is so' abandooed sign on the affective data of this ordinance 0411 be removed within thirty (30) days of the effective date of this ordinance. 2, fntenaion of Ties Tye Use. The owner or lessee of the promises on which as abandoned sign is located, who desires to use such siSa, or supporting structures say within sixty (60) days of the ab*wommsat or eftostivedatei of this ordicenas, shoe application to the buildi.os Official for ap extstulom of time to sake use of such sign. If they sign or supporting structure conforms to all requirements of the low, and the applicant submits reasonable evidence that he is sadoovoring to oaks use of such sign in a lawful manner the building Official may grant an extension of ties up to a maximum of twelve (12) months for the owner or lassaa to make use of the sign. The building Official may, as a condition of granting such extension require that the owner or lessee paint out, obscure, ecvnr, or remove some or all of the elements or message or face portion of the sign in such manner as to leave the ai`h and supporting structure peat and unobtrusive in appearance or in harmony with the adjacent buildings to which it is located or attached. 3. Procedure for Removal of hbandonad Signs. Any abandoned sign for which an extension of time to use has not bean granted, or any unlawful sign or supporting structure thereof, is hereby declared a public nuissnoe and say be r&wved in accordance with the procedures met forth herein. (a) dgtic• an Order. The building Official shall deliver or send a written notice to the person responsible for placement, erection, or saintsnanas'of an abandoned, or unlawful sign, if known$ or if not known] to the owner or person in control of the sign or, premises whsrs .such slya is 104ted or4erisg the rssmewal of such sign and its supportintt structure within tan (14) days of delive♦;y or mAi US of" the uotic• and PACE 14 7 er>'..( 'M1 ..'S•: r`y : t order. for p ' 0*4 of Chic froviliom OV amM Of tbp Per*" listol; t City ax l►paeasor/Collector of em;bomr looKll tdk luriWittioo for t urpOaes a the orM„SS et tM p err. Snap, al►a~a~ed ar um~aKful i b i! 1oAotad a 11 bo ►eoiwo~'to be ;be aw~ar of y Pr1► or tl» "t for ►tleb owner a "ti" eked or delivered to Said per oa at tba address list«# shall be praswood to be su'ftioiaat, (b) y if the pdr+lon ordered remove remove said s 94146 do sa within the tisc i~w. Specified, the B ld Official may, after twenty (20) days of the 97 date delivery or mai sag of the nonce Sold order, ra*OVe of awe said sign to be ewv*d i~rovided, ~wr, that any parson gSrieved said order may file an appeal with the Board of Adjul te"t in accordance with the provisions applicable for other aaali froa Appleal iss tinslr 11,104 the f prooooftr" applicAula to other appeals shall be followed and this order of the Willinj Ogficis ray be stayed is sccordsese, roof poa(ty the imal detarmiratiom of the bard ot'JwleMnnt. (c) W 4 16, r Tu 3 ZZ&OL&A pursuant to these provisions shall b. sire d cad transported to and stored by tkN guildias official at a location ? designasied for sueb urpose. Ilacerds of whore cueh s as rare located eadpkben removed shall be kept. The Ew1aib; Official Sba11 Sand' a letter to 'the ovaor of 11441 sisn, it kno++u, or it oot knowas to the owner or ppeeraoa 1a control Of the promiseswhere such sign is located giving notice of such impoundment. The building Official shall hold the sign is storage for at least,thirty (30) days alter notice of impound- sent has been `mailed. Any portable sign may be redeemed by the owner ;hereof upon the payment of a fee to the City cf Denton through the Building Official, of a total of $25.00 for hauling the same to storage plus $1,00 per redeemed bthe owner thereof n upon payment a sign may be by p of the cosy of removal of and haulm the sane to storage, as detarained by the Building Official, plus $1.00 par day storage fee. An sign not reclaimed by the owner thorsof within thirty (90) days of the nailing of too notice of impoundment may be disposed of in accordance with applicable law, (d) R.jcoovv._a££ Coots. If, upon disposal 99f 'sti unredeemed noavorroul'o T164, the Building Of LOW has not received an a"unt sufficient to cover the cost of removel-Sad haulm] of such resolved sign,; t" Building Official aha11 Send notice to thp`ovaer,of tha premisas where such siga was located roquostiS n PaYs!eat of the removal end haulin= colts less Any amount regeived in disposal of such sign. My such `osts remaining unpaid after 'thirty (30) days from the data of mailing of notice shall become delinquent and shall bear interest at ten (10x) percent per anus. The Building Official may cause such unpaid and delinquent amount to be assassad a ainst tea pr"nsas hero such removed,, sign was loeats~ :by'filing Ydd perfecting a lien against f` tail prerisas. 'The, cost levied ri'gainst said prazises 41 shall include a $50.60 administration fee. PACE 15 7 i Us"" i Levied. o4tC Xop aP' rMmwi3 of • d, a lMswiwla~r tiln ap~• vita rM of Ai~vp►t Ott tw11 (~o)rM;o.re tale it of , . settee o Pat"41 tat of Ad uetmtat iitlwss upbold tbM post imposed My the "44 *g 0l or impose beuae to 04 levied whato or cost it considers to be roasoaeala. n $%orate cotta' iapossd hereunder shall not be 4ppaa able. 0. Sr941AL MOVU XONS . 1 • Meaner of Meuurumat. t (a) . To apply the setback' provision of this for aims a ear one point, the following #XZL measur?mg procedure shall be uaedi (1) Draw an L"Sisary vertical flea extending upward from the curb line of tbo premises, (1) Afti" at ear pelA4 oa tb* wrti4al, line draw wart ~41 Le a nod curbs lie ~ pateonalog qding to the a coward the promisee; so$ pg at the point wtwre the vertical line t tatttsseot ho labspal line, measure along the i= hortsoatataeor Cho" renuired setback. (See Appendix Illustration 146) (b) 57 ti. To apply the applicable; height limitations s Arciole at ear one point for signs, or supporting structures thereof, which are not roof signs, the following measuring procedure shall be used: (1) Draw as isaginary vertical line extending upward from the nearest curb line of the public street fronting the premises; (2) Seginning at the surface level of the curb line measure along the vertical line to a point which is the s"Lous allowed height for a particular sign or supporting structure; (3) From that point draw eA isagiaa horixoncal line perpendicular to the vertical Line towards the promises ; (4), This extended horizontal line gives the maximum height allowed at that`lacatibu for a particular Sian or supporting structure. (Sea Appondtx Iliuetration 14b) (c) E ! o ve 6geti- In deterasaiag the eifectiva sre4~of a • gn w • more then oaa sign is ,located ct• s,ffixe'd to a single supporting structure, all tigns located thereon or affixed therato shall be «ncluded and measured together as though they were one'rsign. 2. Setback Clearance one. In all zoning districts, except Central busiiess 1?isttttets, all ground eigas shell be 84 located so that no part of the offeotivo arse of such sign shall occupy PAGt 16 t 1 J t .Ni ♦J ~ 1 R, - It'4 { } 1 1 I ~ L en t M ..%1 7tr, l m t tea sp4co,'(so dotorrined in the sera aannor for amasur"S bnlght aN sotbaek for signs), between 2 and 10 foot is height vithiw 13 feet of this curb line of any public street; (goo Appendix211ustratioa 1400 The supporting structure of such sign may occupy such apses to an "toot no greater' than 2 aquaria foot is area, such area to be determined is the sane manner as for affective aroo of signs, 3. Signs go Certain Niahwavs. The provisions of this Article shall apply to all signs along the Interstate or Prisiary 8ystom of Itighwa~s within the City to the extent that such provisions supplereot or, coc~pliaent, but are not in comflict with, any law, rule or regulation cnactod by or Made pursuant to the Fe"rel riighvey 11"utificsti.oe Act, (23 p.S.C.A., See. 131, at, s") including all averments thereto, or the Texas gighway As"tificatioa Acto (Article 6674 V-1, V.A.C.S.) including all , arrnd" ots thereto. All sign permitr issued by the Building official pursuant to this Artiole shall contain a notice advising the parmittes that signs located along the interstate or primary system of highways may be regulated by federal or state law or regulation and a permit may be required from another governmental agency. 4. C~*Sraace from Electrical kjW, Signs shall be located a minimum distance of 6 feet measured horizontally and 12 feet measured vertically from overhead electrical conductors which era energized in excess of 750 volts, TC a term "overhead eooductors" as utid herein moans any electrical conductor, either bate or inaulatad, installed above the ground. S. Tompola Political $1ana. (o) To or", real estate sales and davelopeento teapovary polities!, occasional sales and other special use sigIa'which are uaod for, or relate to, a particular purpose or event shall be reaovad by the owner of the premise on which they are located after tan (10) days of the date of the accouplisherant of the purpose for which they are used of the occurrence of the event to which they refer or relate. (b) In .,the cast' of c ovary ; Peliticeh •1404 tho. candidate to which a sJgn' raters, if not placeil on a pramisa by the ovnor of the premise tpeteof, shall b PACE 17 t . fT.,'jF r r§t pL^ ~ ~'Li 4j'. v i. `ri+a , ~t. aa'. .'1 "'ww•.. 'r, v ,t w ,+{;f.~" ,ww Fe~1` ,mMq„ E , rN thlf~s~ tot tho removal for such 0,4464 Within the Rjeaied abaw. (a) tubs or Po to 64ir0 wbioh rtlm« to a asAAidata of iuw Re 1N' , wrN ,vieh by a ►eltioal' Y it at a rcus alootiea and are O '44wo eat POKor "I Le o~rnioootivoar*s say be 'ems d ' withosw; lWt as o ith all auw►*ei re ' that such 1 ns ::Otto 0 apP~ioab roquirewats J t8his la. - 16. sign Mpintsaaoea All signs and supporting structures shall be kept in good repair, condition cad appearance. All faces, bolts, supporting grows and fastosin,ts shall be trot from deterioration, insect or rodent infestations rot or looaooing. tainted signs which are faded or obaoured beeausa rf vosthsr or time shall be'repaiatod or redone of poiated over so so to be meat in aPpoattw:ae. 7. 14"A ka of S us. Rverr off•ptwina sign shall be plainly marked at *:It tioas, in a location so as to be conspicuous and easily identifiable, with the current acre, address and tale- phone number of the`' owner or lessee of the sign. k. NONCONlOIUIINO 81G~t5. 1. Augli~cfbility. The provisions of this Article, defining and regulating nonconforming signs, shall' control over any otter conflicting provision of the toning ordinsT%ne. 2. Defined. A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article applicable thereto, is not a portable sign or stake sign, ands (a) effective date of t islArticle,lo atad and used on the (b) was is existence and lawfully located and used in accordance with the provisions of the prior ordinance App,ll.'oable thereto, or which was considered legally nonconforming thereunder, and 'has since been is continuous or regular use; or (e) was in exitanoe, located, _and used on the propa'ty at the time the property was annexed to the City of Denton and has sines, been in regular and continuous use. 3. Destr"}otion; Repair. (a) Any noneonformio sign, including ilia suy porting structure, which is destroyed, draysd, dilapidated or dotertorited shall not be ropl*c'sd, (repaired, or PAGE 18 11. Ia 't: r q., ,rrrli IMI tz. s,,..,4 rr .4'~t*f-t7,ayg sac sr-(("~i i t;,. -t °,'i }5 ,r`. T~° ~ b 'i y.,: ,w,. i,- . roArvatrd, in whole nY is part, it ouch replacement, repair or rfaovattoo would require a eadituro of monies is excess of gigt77 percent or the rapy o- ducti0a odat of a new saga, inclining its supportias structure, which is subotaatially the same or similar to the nonconforming aiga destroyed, damaged, dilapidated or deteriorated. (b) The buildin oUWAl airy, whenever he d t"4 aeo scary to reaeoaa~ly determine the applicability o the i foregoing provision,, require the owner of said Pon- conforming sign to submit two or more independent estimates from eatabiished sigp companies of the cost of replacing roeairtag or reppovsting, is whole or in part the sxiatiog n~$aooaformtn a n and two or Moto fade~fadeat e~ttidMate~►, from ertablisEakd sign oomp4mies of li a rep cduot on cost of new sign# including its oupporting structure, which is substantially the sews or si~ilar to the nonadeforming sign destroyed o"64 dilapidated or deteriorated, (o) No oiga or rspupportin structure wbf,oh is lavlully si na *haall0br In re~is'fd Sari iativeas~Kea nti hi jq! g k 4. TGraiwtioa: Time teriod. All ligilly nonconforming oiins, ' including supporting structures, shall be removed or modified to as Tito comply with the provisions of this article on or befoxe January 1, 1994 or within ten (10) years of the date the sign became nonconforming, whichever is later. 5. Appeals from Tsrminntion Period. The owner of any noncon- forming sign may appeal the termination time specified for such sign to the board of Adjustment. App-sal proeidures, unless otherwise specified herein, shall be those ss used in other mattars appealed to the board of Adjustment. (a) imi for F in A sal . The owner of any nonconfort- s:g-~ys yn wt.o w s r,s to appeal the termination da%,e apppplicabla to Such owner's sign shall file his appeal with the board of Adjustment within one (1) year of the affective date of the ordinance or within one (1) year the premises on which is located a nondoaforming s sign is annexed to the Cityi Failure to file such appeal within the time epacified constieutes a waiver of the right to, appeal or contest the termination date applicable to such nonconforming sign. (b) Hearing A ea s, The Board of Adjustment may in its sae oa, ear all properly flied appeals a tor the 'S. one (1) year period for filing has passed and not all appeals to be heard at one or more times as is convenient for sucb.Board. •,t (c) ]Qjtar~inatiotj. The Board of Adjustment, in case of ippial of the -applioabk. termination datashall detarmine whether the termination data applicable to appellant's aign has allowed sufficient time for the appellant to recover his capital Investment in the nonconforming sign. In making such determination the .G r PAGE 19 'af 1. ~ ` vi Yi ~S `y~!` ` ~K'~ a: .9i '^I l ".S •'T7'W Tr-.f\Rr ~'N j'.p~hY*'.. S`:' rT `f 'f d^~Ji~ 7 1W M..''lS ~M 5 yr`. J 1o4r4 May consider Iihs amount of the initial capital investment, life ex1)e0t&AQy of the avestswut, the raavsl colt to comply with theca regu~stioas-sad any other factr the loarc believae to be pertiaen 0 the determination, The a0rtia4tion period a pgafed from shall be calouleted or measured from the beginning of the amortisation period; i.e, the data the sign beaoaise nonconforming. (d) ~the If pp Ward f e as RP ace as applied to a ce at oes not afford appa last s nonoonformiap sign does' suit atent time to allow Ap elladt to ricouo his iawst#eat in ouch sign, the card may grant 6y its order, an extension of time to a data ipealfisd so that such sign may ba maiatained a• a nonconforming sign until such specified date. llelocs,,tica of N2nc ormia4, UAOS, Notwithstea4ing say other provision of this Article,'- any sign which is a legally,' axisCir Aonaoaformiag sits hereunder may be relocated on the same lot or treat of, load if the sign is required to be resaved from its present location because of the acquisition of the property upon which the sign isI ooacod by any governmental agency or other entity which did t,t :nuld have acquired the property through the exercise of its 0ow4r of eminent domain. Such relo- cated sign shall be placed, insofar as possible, as to comply with all the provisions of this Article. The termination period specified herein shall not be extended because of such relocation. 7, Slans Located on Nonconforming Promises, Where, on the affective data of this ordinance, a sign is located on a premise which is a legally nonconforming use of the premise and such sign is used in regard thereto, the sign may be used and maintained thereon, even though it would not be a permitted use, so long as such premise is continually used as a lawful nonconforming use, provided, however, if such sign is nonconforming as to height, area, or setback, such sign shall. after the termination period aliowad herein, be brought in conformity with such requirements applicable to the toning diltrict in which such sign is located. 1. MCIAL EXCEPTIONS ALLOWED. 1, The board of Adjustment may grant i,spacial exception from i the provisions of this Article for the setback or height of a nonportable,sign under the following circutsstances, , PAGE 20 1 i of ~ l~,~T: I~f l 1l ~~y7 ~ j r p)~1 . i Vhen fifty percent (34x) or (s) R8 a c ~cilat4vosorl ~ ro& of such sign as located or to be located 4noe wi th the setback or hel gbjt requir"Wats Artio~e cdanot or would not tw visible from at least one 'visibility point" bocauce of the location of a building or structure oonstructaud or $rooted prior to tk* effective date of thtls ordinance. For the purposes of this provision, "Visibility point" stall maan the viewin locations, at 4 height of a foot above the So oral surface Tavel, determined ay extending the raqulred side yard 'sotbaok liaas of Lhe premise on which 44ch ai~a is 1044ted or to be located so u to interan4t the 4Q'Lrb line of the public street froating said promise; 'idea measuring from said iatgt- sectioa points along the curb line is the directioh of the dearest side lot line of said lot for a distaeoe of 100~ allok4 traffic I fl, the street in' oolr (rout actialiroe iox, 01,he said vi+~ibility point locatca long the curb lire la he diroaLiea from ab tr4f~lic app aMa paid Apreal ae shall be used to dotornine the visibility requiromoat heroin. (See Appendix illustration so. IQ). (b) Mor~, • 'When 4 sign located on qbe p"£wi" sa o as emacy medical treatrent f44iity would, - because of the setback or height requirements i of this Article, not be readily visible from adjacent ublio, streets. For 'purposes of this prow Sion, 'dmesgonoy Medical Tr4atmeat laoility'' shall a"* say hospital, clime or other facility where smidipal Aid is offered to 'a parson or animal vho suffers an unexpected 'injury or illness which requires immediate medical attention. 2. In granting special exceptions allowed herein, the Board of Adjustment shall specify, by written order,. the particular setback or the particular height that will be allowed and in doing, so shall not allow deviation from the provisions of this Article beyond what is minimally necessary to remedy the situation allowing for said special exception. J. HISTORLAL LANDMARK SIMIS The provisions of this Article shall not apply insofar as they confict with any provision applicable to a sign designated as a historical landmark pursuant to the provisions of Article 28A of Appendix D-toning of the Code of Ordinances of the City of. Denton, Texas. K. CONFLICTING MOVISIONS The dafinitions and provisions of this Article applicable to signs shall control over. any other conflicting definition or provision found in Appendix a- Zoning of the Code of Ordinanoea'of the City of Denton, Texas. PACE 21 rffi" ~ t1 ~i ~~.'"l~f Y•fi f~ Sk EGA N i. .,!vl>1• i 1. .vi} p.....rr. u', °`Yr .r ,7:A. w.R a ,',^n trY: ~°P ev f rt. rb i f1 58CfI,~,OwN~IiI That the Appdadix 111uetrationS of ,lppsadix 1•20nin4 of the Cods o OrdiAsaese of the City of Lenton are hereby Amended by addias the following illustratioUl 14. SIGNS 144. Mehsuremont of Setback. I gl . _ ~ sheet 1rE IIM 14b. MeasurerAnt of Haight SIGN f f Cart IIM ogre r C• t rY ~7R!."i . ~ ~~1 t ri'~i' F"'-.t7P.'fi:'.°'~,^' r. r.. e~ t:.tm, I'ryr ~ "'Ra 'j~#'P,kfir"f 144. 80%bM*" C14s><SOX00 i0a4 40 400 "W" hM 30 aci- 1 T Crt! i IM f 14d. Visibility point V~Nty G~ O 10 setback 40' line r Street ~r vigWNly point { PAGE 23 1 l Y • {i. , .5~ ~,^^9i„^F F_ _fi F ° wx. i av ry' ~Ti y ~ T". 7 ..Mi 4i Y ~T,}~`9~4`S!n' Tfl"}ii 1 k SECTION IY. That the definitions of various typo signs of Article 12 (51) t.-+,►ugh ($9.1) of Appendix 1-Zoni69 of the Code of Ordi"aass of the City of - Denton are hereby repealed in their entirety{ said i numbering to be reserved for future use. -SECTION V, That Article 19 C of Appendix I-Zoniag of the mode of Ordi- nanoes of the City of Denton relating to special development signs is hereby repealed is its entirety; said paragraph C to be reserved for future +±ee. S€CTION V1. That Article 27 (52) of Appendix g-Zoaiag of the Ode of Ordinances of the City of Denton defining "sign" if' hereby repealed in its entirety; said number reserved for futyve use. Sg,CTION vz That Section S•4 of Article I of Chapter 5 of the Code of Ordinances of the City of Denton relating to permits for signs is hereby repealed in its entirety, said section number to be reserved for future use, SECTION VIII, That "I, Sign and Identification Uses" of Article 7 of Appendix B-Zoning of the Code of Ordinances ,f the City of Denton, Texas is repealed in its entirety, SECTION IX. Any person who shall erect, construct, locate, place, main- tain, keep or make use of any sign in violation of any provisions of this ordinance or otherwise violate s provision of this ordinance, or who fails to comply therewith or with any of th.t requirements t hareaf, or of a permit issued therounduu, shal' be I 1 guilty of a misdaswanor punishable by a 'fine not exceeding Two Hundred Dollars ($200,00), taah such parson shall be deemed guilty of a separate offense for each and every d&V or portion thereof during which any violation of this ordiaance a committed, or continued, and upon conviction of any Yuen violations such person shall be punished within the limits above. pAGt 24 '.r+15f"'^~}"A"'asr... +vk. rrg rn,; rr 3'r "75e#'~".`T'~mj 77, i ,F2 That if any sections subsection, paretraph, seacaa461 clause, phrase or word in this ordinance, or application thereof to any person of oiromastaaca is, held invalid by any court of ooa al jurisdiction, such holding shall not affect the validity of the reaainiag portions of this ordinance, and the City Council of the City of Denton, Taxes, hereby' doe 4 ss it would have enacted such remaining portions despite any such invalidity. SECTION X1. All ardtaaace~ or parts of ordinances in force when the pro- visioos of this 8rdiaonoe become' effective which are inoonalsteat or is conflict with the taeas' or provisions contained in this ordtaoaae era hereby,repeala•d to the extent of any such conflict, SECTYOl1 XI1. That this ordinance shall become effective fourteen (14) days frois the date of its passages wad the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the data of its passsge. PASSED AND APPROVED this the day of 1984. KLMARD U, , MXTM CITY OF DENTON, TEAS ATTEST; SMETART CITY OF DENTON,~TUAS APPROVED AS TO LEGAL FORM; 0. S. TAYLOR 'A CITY A*ORNEY CITY OF DENT&I, AXA3 BY. PACE 2 i October 20 1984 CITY COUNCIL AGENDA ITEM SUBJECT: Receive Report of Water Treatment Plant Expansion Study. SUMMARY: Freese Is Nichols, Inc,, Consulting. Engineers, have completed the Water 't'reatment plant Expansion Study, The Study indicates that improvements to Denton's exist'in plant to upgrade it from a 24 million gallon per day' (mobf plant to a 30 MGD plant is reqquired as soon as possible. The Study also recommends the addition of 2 million gallons of ground enragge at the existing plant, addition of a largger pus at Lake Lewisville raw water station And the addition o a high pressure puap at the existing raw water plant, The Study redowsods that a new water;b ant is required by the late 1950's and that it would b most economical to build a new 12 MCD plant in the northwestern part of the City with a raw water 'pipeline to Ray Roberts Lake. This looatidn would take advantage of the 110' additional elevation o Ray Roberts Lake over Lewleville Lake and save on pumping costs. A cite in northwestern Denton would also gave on the sixe o1. water distribution pipes required between the present plant and the northwestern part of the City. Attached are excerpts from the Stu,ly showing past and projected water requirements, the seven alternative new plant site locations studied, the tabulation of economic analysis of the seven sites, and Freese and Nichols' recommendations, ACTION REQUIRED: Receive report and provide input. Respectfully, R E. Nelson Direetor of Utilities EXHIBIT,1 Misc. Excerpts from Water Treatment Plant Expansion Study-1984 11 City of Denton Water Treatment Plant Expansion Study-1974 Froese & Nichols Ine. 3216U:18 r~ . - 7777-, <ai 17 historical „Miter U 1 Year around surface Tgqtal Average Peak Ratio Mater Tatar l:iniihed Day Day Peak-04y L&Y1..._ Water _ L"PJ. Aver tofal-RIJ 1970 3.106 21369.345 2,379.451 6.50 13.725 2111 1971 13.861 21450,863 2,464.724 6.75 15,052 2.23 1972 13,317 2,608.503 2,621.820 7.18 15.117 2410 1973 2.315 2,421,34 2,423.469 6.64 12,175 1.83 1974 26.041 2,527:958 2,553.999 7.00 15.735 2125 1978 24.614 2,5966463 2,621.077 7418 14,523 2.02 1976 0.633 2,630.151 20630.984 7.21 144650 _1195 r 1477 8.922 2,862.842 2,891,764 7192 14.341 1.82 1978 0 3,116,325 3,116.325 8.'54 16.466 1193 r 1979 0 2,849;033 21849,033 7.80 14.550 1.87 1980 75.357 3,290,189 3,365.546 9,22 18.067 2.05 r 1981 41.465 21520.077 2,567,542 7.03 15.403 2.19 ; two new power 'plants to be completed in the middle 1980's. After that time, utilization of the existing plant will be limited to peak demand r periods, and it is anticipated that a majority of the water necessary for cooling water will be supplied by treated wastewater effluent. r f~ r 3.4 i ;:2 a HISTORICAL, AND Plt &CTEO PER CAPITA CONSUMPTION d gas o~"f~ H ii Poo 2 /p NpR~Oft0 0000, w X50 00010 0000, /000 o o° 1910 1lr0 few 2000 m~ YtAR w o- M INYORICAL PER CAPITA *AYtR USAOt A Table 6 P i Service O c , o Ime n n, 4r #00 rqy O) Ysar Population ` 02r,") itions D t Conditions P*rCappi AV 9, ` P"iK arx Par Capita AV O. Peak x. Consuoption DAi l Day 'Hourly Consumption Bally Boy Hourly cd _ [Haul, j~ (Map) (REA) (NO) (MO) 1980 50,438 168 8.5 18.2 19.1 188- 9.5 20.4 32.6 1985 66,400 176 11.7 25.1 40.2 196 13.0 28.0 44.8 x x 1990 82,200 183 15.0 32.3 51.7 203 16.7 35.9 57.4 a 1995 102,300 i88 19.2 41.3 66:2 208 21.3 45.7 73.2 Y 2000 122,200 193 23.6 50.7 81.1 213 2610 56.0 89.5 w , . KAI 01 Y0. ~ . WNTON notm wa ""M 00 ^W OUT =9 A ww Ti1fATMfMT ; V+ / KART 4 ,A,~ f mot" ~ McwAAwwA r;.~r:~',7r~~Hrsups RM %MPI* Lwft I _ CITY OF DENTWO ~ " OpOMIT10N . , MEw + Niir,r.►ri" Al►NV MtATER 5lll~pl,if "y M" K"No 51/S1`EMS To.ww MwMEh Ylk`ATMEt~T PLANt At t McfEm slTe, 10 ~ AL.*Ef~NA'1`NE M►i "46 1 , F k 7 ii lI I .t ...t WR ~ ^I" 1 I r •f {iY. .i.: . 'h~. ( I lir owned `property iow"Jot'sly east of the presot tits, For purposes of cmveison of'olternativeso conltlructlon'of a now 12 NO water treatment plant is planned in 19t1il1 5. SusuM of Alternative Casts f Table 11 is a capital cast summary of Alternative No, It Tables 12 onia 13 pro#ent annual operating coats for Route M , A and Route B. M Table 1 Alternative No. 1 Cigna) Cost Suwary II Construction Co"trruucttion 1W Description Coat Cwt ` ..ice I 1 I I~IiYill. 1, Iltt t Facilities and Channeliza- $ 2500000 $ tion at Ray Roberts 2. 'R j~ Rep rtaoo Station at 9660000 700,000 r 3. Pipetino from Ray Roberts 8,658,700 80896;000 4, Pipeline Easements 456,000 469,001) 5. Lewisville Raw Water Pump 2750060 MOM Station and Modifications 6. upgrade Existihd Water Treatment 312260000 30226,000 P 1 ant to' 30 No 7. Construct new 12 MOD water 6,300 0 6,300.000 Treatment Plant ad scent to l~ present site (1988 Subtotal 62001601700 31908660000 Contin"roe o, Engineering, 3 024 2,97s,900 f' . 100 Adoiinistration•O 16% Tot a1 Estimated Construction Cost 423,184,800 6220845,900 r 6.7 i Ntq[ AMb NW01, 1R 1 I i a 11 i• I/ r f x iii 'y;:nC a 1 Ntli 1 f{ it II )fl J r S -w, m i s s s ► INNrr` t u ~~,4C' it rl~~` aAlwYr1N {aENTON I' ~ ~I l r . 1 ~INTM11 ~ATfll / Ilt'r Z IM 11~11r ftAW r r ~ l ` 'IooIfTm"' ' c. aunt A mom "W~ t 0* /ume 6 se so AIN Low ~ , '~I IItMT } Yet ftw t \ r \ r ~ !j 1 4. • 1 r~r ` CITY OF DEWON %Vfty ww' SIw" r • =t Aa.TtIMlAt~ l ,C 3' r; , c it ~r>': ~ 1 l } 3~ r X16 , A. ? : 1( i~~~ ~ i } h t17, 'i~,"1 S 4. ,1 °1.1 ~.f~, •~f ' ~.r.,a-•er~.-+-.v :r. vc vi'F^!.vxy+M% r.. r+*r?'. 7177 AljjMoti,=M4, _oital cos ry Route A Rout* 6 I Construction Construction I G~scri ion _C2,01Cost 1, Inlet Facilities and Chinnili:a- 6 2600000 tion at Ray Roberts 2, Raw Water Pump Station at 9650000 700,000 Ray Roberts 3. Raw Mater Pipeline 190,000 700,000 4. erTr an} Plant 6,300,000 6$00,000 I L Treated Hater Pip01`ine 663690000 51165,400 64 44in9 existing Mater treatowrt 3,226,000 392260000 P1 ant to 30 no I 7, lewi wili• Raw Mater Pump Station 276,000 275,000 Modifications 8. Pipeline Eas"Mots „w , 4k.00Q 247 'j Subtotal 3164199000 616,613,400 Conti~~nCie$, E sneering, 2,522 900 .2,492600 "1 Adaih ~ttration ! 6% I Total 619,3410900 619,100,400 E I, 6:14 p Ay; ~111~1r1~ , wud w6 'H UF.NTON Irmo Ism / / IMIYIOE M an" W P""LIL t /I OMM 'rATi11 4M1d W AN wwl f7 y I ouc+a►TwN CITY OF, DENTON w Mw r~ow RAW WATER $tPLY ~p m►~ ALt~MA'y'~ME 4 BURL 9 w' I T 1 A, ltrr~&Xj yg_3i Cgital Cool $Jgfty It" i construction Cost 1. Raw Water Pipeline $ 700,000 21 Water Yre~ pt Plant 6,3000000 1260 WD 1m) j 3. Treated Water Pipoiins 5,165,400 4, "&-adinp Existing Water Treatment 3,226,000 Plata to 30 ft j 3. li~l11 yillt Raw Water Pump Station 275,000 Modi~~a+~tions 6. Pip 114ra Easements 241A $up tl 315,913,400 Conlt vk s, E inarinp, 2,387,000 Ginistratian 6 15% Total 31a,30o,400 .I I. 1 c j ik 4 i 5.20 4 . iN[f9f ANI"rt[ ~Ui S NC wpm % r v. r11 ' nENTON `•`--.ter f I l Nf I-i I ~TMAT11~ CANT ' T 4 1 1 taw am wn '"'fir t "AIL"m VAT, i ~ TrcNT ww POW sm" Lft 00 to LOU. f,. ' U CITY OF DWON °ESCta►~aw, RAMP WATER SUPPLY Lowtv WAR o arr SYSTEMS rto sr wcw ALTM AYM We • ~ ~ nn►ron w mom" tw . ~ IF'~iiUFlE 1 i t 1 1 f ~ ,q1 I r$, Vi 1 :'k.. A' r[✓c ~AV Ir 1> 1a(le ~'~rt ~~J1~y 'v3'~ 4'• Sl~~l.~. I,vY.I.~„iz, h. 61r'u2it8l'[~ ,5'~R~`f~#3i(~ f 1. y{ f4 n.. iK- z ~1~'1'i„ .f 1 ~ 11 V P l Altsrn+~tivd No. 5 Cost #us~~ Route A gouts 0 construction t Construction es ~ tnlst Facilitiat and Chann4li=s- # 260,000 # lion at pay Robdrts 2. Row Water pop Station at 985,000 x00,000 `I pay pobarts 3. Pt no 505490000 6,666,00 6,150,000 6,150,000 4! Water TmatMsht Plant 12.0 MGO (190) 4 3 226,000 3,226,000 6► 30 iistin9 Water Traats~nt 276,000 2750000 ii I 61 Lewisville pop Station I 7. Pip41ina Easswnts 23 0p 47` Subto al #12,W- 44L0 #12 m 1 ContilNw fs, f inssrtnq► Adisinistration f 15aC Total #19,169,400 #16,932,900 E i l~ 1 ;I 6.26 ",s ••''t :Y-. : 1iq,. ~ _ i''''.S 1 t'1 Ir1~~np' :J.Y ri j(":'il tvry.2.r Y4{ E~;f yi f y r ~ irA}o 4.x.,r. U=` Nh` !1 '~'rte t wwr ,lmmw^ . w■t , ~w : w1~~ wow aw ww .w.w s ~ws..., ~1~' DEN?ON \ f ' kk5~, . / t, ~,o host ern Ht S.. t wM d' MIAftA ' IM~~IMATtI1pumLiAL ow ATIOM / j ••,r "Jj till ` CITY OF DENTON NEW~r ww~ mw mra« RAW WATER St f'LY SYSTEMS MANY 'a om f _ ALTENATIVE N0. 6 ( y , ~~~'dd~i~'ic'..nj~....~r7 ktio~`n~Ld~Jk~S.!,1:Lt.3~]'~i.:~~G 3e: ~i~lfaJe,4,iia''~.i1:e 11, :I,i .W1~1, r1. a„ c a ,.c',•Yi ~'~'h ..Sri .a`'~f~ j.;•`1.~k 'w "vy!r4,?s^r-laxa~.T~a~~yrc7a-~, ~~~n p~ x ^s,, A.. p'fl ~w 4 s, r Alta~„r 1Vi N0, a SIR1111 Cast $gem ;tom pescrivtion Construction Cost LewisVille R+sw Water POP t 215,000 Station Modifications 1,480,000 2, w N lWitsr Puarp Station 6,734,000 3. P1P41'tna ~ 4500000 4, Pipeline Eases~nt I rads existing Water Tr atmint 3,226,000 5. i I prat to 30 FitiD i 64 coostruct new, 12 mm water Treat t"t Plant ad scant to Present site Ome $18,465,000 Subtotal oq ~2,769,,,,~ 1 1 Co"ti r ration 0n15X rin0, ` Total x21,234,800, i 6.32 10 d7 c Mgt" ,NO NICHOLS, 31, s,•n;1 .n r,r 1' ' r ..`r u, rvl r (,~r . i,Jr v . tiA' l~r ~ .a'rp G..1~Tr {l 5 /i tmn I l DENTON r l ;;N !,V Ajr V1 _ - { ~ STA I~OM~ RdY !?U6'f rS RE'S 1 r . 1 OF DENTON CITY ptlC11M~TION: RAW WATER SLN'PLY } NEW, WATER TREATMENT, PLANT SYSTEMS 04 ow JINN MMTEI! MlM1! lTAt10M ALTERNATIVE NO.T ON RAY ROOE11T8 REl. ~ ONE o a Fiuc FIGURE ►2 ,r ,s'iv •i. T~b~24 Altarnot Ito No 7 C !too Cost SUMO Route' A Rout$ 8 Construction Construction ost 1t~~ a~i~n Cost , Inlet Ficilities and Chmnnilixa- $ 250,000 5 1. tion at Ray Roberts i 985,000 700,000 21 Now Mater puap Station at Ray Roberts 50837,900 6,675,000 3. NOW Water Vipoline Mater Tratant Plant 6,300,000 60300,000 ! 72,0 MRD (,9d0) Existirog Mater Tr"taht 5,226,000 302260000 j 5► to 30 M$p 215,000 275,000 6. Sttation11Modiif citiO" 285 t 7. Pipeline E1360011ts 2w 85... 5170158,900 $1704610000 Subtotal 2.573.800 2.619.2x10 Contingencies, E sneering, AdNinistrati¢° ~ 1 Total 319,7321700 $209080,200 't 1 l 6.36 ' 'r p[ti[ iron nNsnOl s, Inc - Y le traction Coll Sumory of Al' tiv 410 In 1 tr i Savift" Alternative Net Savihp Over Net Savioqps Total Net ~,ruoton.Cost Alternati. 1 Route _ internal Oil Alte~ rn- ti_ve WOO Alternative No. 1 Route A ~23,><84,800 base valve brio value hose valve Route B 22,845,900 $ 338,900 base value $ 338,900 Alto rnative No. 2 3,852,900 110100,040 Route B 19 4,952,900 Route A 19 341,4 40000 4,089,400 111001000 5,189,400 ,105 c x Alternative No. 3 Route A ' w 5,994,400 ,Route B 18,?,00,400 4,894,400 191000000 Alter"tive "o. 4 5,189,00 061, to A - 1,089,40d 10100,000 Route B 19,10,00 Alternative No. _5 ,400 _ 4,025,+400 1100,000 5,1259400 Route A 19 169 4,261,800 1,100+000 50361,900 t Route 9 18,932,900 Alternative No. 6 21,234,800 1,9600000 base value 1,9601000 k Alternative No. 7 3,462,};40 3,175,000 6,637,100 Route A 19,732,700 3,175,000 6,289*600 Route 6 20,080,200 3911CO600 oo' , 71 The current growth treWS indicate that Denton should reach an h annual aver&O water-use population of approximately 122,200 by the yt+er i ' 2000. This includes service to portions of Corinth &M Argyle within Denton's certificate of Co"Vehianco service area. The projected 'potenti0 average daily finished water requir"a is under drouth conditions is 26.0 000 and the potential peak-day and maximum-hour are 56.0 MGO and 89.5 MW respectively, Tha future raw F water rogireswnts should average approximately 3X more than the finished water requirements. The steam electric generating plant cooling water will`be obtained from the wastewater traatment plant effluent.' The Ray Roberts Reservoir will'provida an additional water supply source which could be' available for service, after partial filling, about iW to 1949 depending on si&6641 'inflows alter completion of canstruction. Prior to the availability of Rey Roberts Reservoir, the present water treatment facilities will be required to sleet all water demands from Lake Lewisville. The projected potential peak-day water demand in 1987 is 31.2 MGO, the exiiting raw water system is not capable of furnishing this future potential peak-day demand. It is recoMmirsded that the two smaller raw water Pi001 be riplaced with two larger pumps approximately the same ` size as t}* two existing larger pumps. The new pumps should be equipped with either two speed motors `or variable speed drives so that the lower demands can be more efficiently handled. The-increased capacity' of the modified pump station should provide a total pumping capability through r' - - - - k11[t N'.Ntl NGMQIf~' 1NC'-.. - - the year may,' gowever, the fires caoaeity of the iodifIad station would only be 80""to through the year 19644 The use of a raw water terminal stora{N reservoir could extend the firm capability of delivering raw water to the City through the year 1987. It is recommended that a 13,8 million gallon raw water terminal storage reservoir and 4.5 MO low lift pump station be constructed on City owned property immediately east of the water treatment' plant, The storage reservoir would also serve as an emergency supply of raw water and would allow more energy efficient off-hour pumping. The existing water treatment plant has a rated capacity 'of 16 NW. ~ newer and more ef- The plant could be wnovated to take, advantagm of fectiw methods of water treatment. In recent years, the techholoo of water treatment design has made siginificant advances. Mang the thaeges which 'have octurred is the ability to increase the'pfo"tion cap- abilities of existing facilities through what is termed "high-rate" technology, Using this approach, it would be possible to convert the exerting 'plant from its present rated capacity of 16.0 ON to a "high-rstO co, Aci ty of 30.0 M00, A 30.0 MlO water treatment plant renovation plus the 4,0 NO of i well capacity, will be sufficient to provide tho projected peak-day demands through 1989, ititi e t 1 , fa and supply , ua. ti on of "'alternative water production 1901 s show' tMt a new ulster treatment pliant with a direct water supply from My Roberts Reae,woir is cost effective. The'', most cost effective location appears to be along the northwestern boundary of the City in the proposed upper pressure plane. The final detarmination of a _ ~ fP1lfC AIId 'NKMO iMC tr"t""'t plant site will be 000.014i tt upon Petin0014rtt of 'Oftecto, on''the inMrnal water distribution syst and aA luatioq of potential cites far suitable topography, water line routing, sludge disposal, Wass and service utllitios. The 'finol site determination should also consider the possibility of supplying water to incorporated' cities contiguous to the genton service area. The major cities which would appear to warrant investigations as to water needs are the Cities of Sanger, Krum, Aubrey, Pilot Point and i Krugervillo. The Texas OepartMant of Water Resources, Planning and Developaw t Division, has published projottions of population and omieipol water needs far the Cities of Sanger aM Pilot Point through the year 2,"O. Table 31 presents projections of population and mwnicipel water i needs o tM potenttli 'Water custasers $40ously mentioned. The proiactibns for Krum,.Aubrey and Krugorville were based on the saw growth rate as Pilot r6int. Although the total water requirement from those areas are a small percentoge of the city of Denton pro,fected total water demand; water sales to those areas may influence final site selection. A detailed' site study will be conductep as a second phase and supplement, to this study. The Photo It sitra shady can. inclucM a more detailed investi- gation of the impact of the'eA areas'on the project location end cast. The recommended construction stichedulfoo for water treatment ,f*- cili'ties is listed below, Consideration has been given to 'expansion staging and:'^eMatod construction at shorter intervals is not tonsidared -cost effective due to iticreasing'inflation and escalation. 8,3 i - rnetsi Alv NitHC Af n+a bb i i. ' 1' ..~P:.., +R'"P,°T*1` rrwi°`FW .:F., ..-.f,. ~'?Tr'Tr~ Ilk's a your r-or Cguollal r : ra A L U2L 2W 2010 420 20M Sanger PoQp'ulation 2574 32,57 4022 $263 6523 7834 trio 276 .55 691 .904 1112 1135 GPCO 147.1 X69.0 171.9 171.9 171.9 171,8 Pilot Point IE Population 2911 2,34a 2422 3169 3928 4717 No .343 , 409 .428 156 .695 834 oft 15613 172,9 176.8 176.9 176.9 176.$ Kruo 917 971 1004 1313 1627 1954 itlatloo .142 165 .178 232 .286 .345 155.3 172.9 176.8 176,9 176.9 176.8 Aubr4y _ f Population 948 1004 1038 1358 1653 2021 E !A(ip ,147 174 ,184 .240 .298 , 357 Gko 155.3 172.9 176.8 176.9 116.9 176.8 Krugerville I P 2 ulation 469 497 514 672 833 1000 ' .073 .086 1091 .119 .147 ;177 GPCD 155.3 172.9 17618 176.9 176.9 176,8 8.4 VMK91t ANO NIGN011 rNG eth 1pt } -el 5l~S n • 1. v 9 y 11 Exi et1 nO Maur Year Mi+~k-Digt flow Tv"to"t Plant Iiabr l'reatawnef PII"t 14 26 5 (14 Pi renovation) 30. E k 19 29, M 30.0 6 $010 19ly 31.2 30.0 - I (12,0 DOW plant) 19AA` 32.7 30.0 124 1949 34,3 3010 12.0 1991 37, 9 0, 0 12.0 3 1992 3968 30,00. 1993 41.8 30.0 12. (8,0 No 0 oaWon) 1995 43.7 30,0 a~96 4~41, a 30.0 6 1997 ~49,a 30.0 0,0 MA41~'0 seen) 19y~ $119 30,0 19l9 0.9 30.0 2000 $6,0 30,0 2810 In 'order to Not fire insurance and State requirements for ground storage, an additional 2 million gallon ground'storage tank at the water treatment plant is recommended. This additional storage will satisfy a water use population of about 61swo. ` The estimated total capital cost for construction of thr phase 1 recommended 1994 improvements is $4,0260150. A detailed cost breakdown is given in Appendix A. The Phase 2 1 rovaments wi11 consist,of PIP development of the Ro Roberts treatment facilities by 1988 and will depem on final site selection to be performed as a supplement to this 1 report. • The above cost does, not include 'that 'required for construction of intarnal water distribution system improvements necessary to provide effective and economical operation of the distribution system. - 8.5 :;i tN L[Si ANb HM H0491 :IC 1 4 t 710775,, 7 777. „y~M~Y1 ~ I Yuir;l 2914 C4464, 'a6`gv6ged Loo the st"y bession at S130 p,a. in the it W40,00 hood. Mi1Nra~g MESSNT1 Mayor Stewart; Mayor Pro' Too Chew; Council Members Alford, Hopkins, McAdass, Aiddlesparger and Stephens city Manager, Assistant City Attorney and City Secretary ASSENTt Bone 1. Tno Council considered the 1984 Denton Development (hide update. Steve Fanning, Planning and Community Development mtaff, reported that the primary goal of the work session was to umderstand the density concept. The Council needed to revise the Denton Development Guido which was used as a tool for dnvAlopmant and offered guidance to staff, The central points on the intensity issue werao 1, the intensity planning concept 2. the chosen intensity standard compared to current trends in urban dsvolopoent 3. that traditional district toping could not and would not control city-wide land use growth structure intensity planning was used to provide a Rood, euatainabls sconosio growth for the city. It was also utod to pprovidectti ens with the capahiltly to iet across town to work, shop, oto. staff was currently usint a general sap of the intensity areas and the Denton Development Guido in planning. Fanning tnen presented slides of the current intensity map for - Denton No reported that there were sevoroi intensity enncepts from which to, chose to #valuating new dovolopgonts. The basi4 olsments for growth were transportation and utilities. laproper- or. unbalanced intenaity could cause poor land use and transportation probletes. Area concentrations would have to be controlled to have offectivs planning. As now developments were proposed, staff considered the intensity. impact. Staff first looked at parcels in 640 acre increments and at natural or ran-,tads barriers. Parcels in 40 sere increments were considered next. When an area was 9stablished, calculations were made based on traffic generated by the current zoning (retail zoning created the highest traffic use, somewhat lose for cospercial, and even less for -residential). Consideration was given to tripe generated by existing land use, trips reserved for vacant land, and trips generated by the proposed development to the unused traffic capodity. ' Th.- current ' intensity in Down,as c red to traditional _standards$ showed that low intensity ~,ras 0~ above standard. The regional economy "ispaeted local growth and transportation and utility policies shaped growth" but could not control it. The Council then began a die6ussion of the items being r,svised, On issue 41, "How isportent are' the 'intensity polfcies" Fanning reported that the, staff, first would look at the AreaooviA impact, not the site impact, in' order to have a. broad strategy for a structured' plan, The Planning find zoning Corslission recommendation was for staff to continue to emphasize the 'intensity aspect, Mayor SteOort stated that he believed this was a good plan which kept pace with current trends,, Developers were wanting to place comaeretal and retail zoning o'i arterial stroete which would ruin the transportation flow. •,.S z .'~11-5 r~~sm tr s" r`.~rtF , r , 9 i Jul i 1 64 hrri 'rM4 I Cougpf~l,, Ne4Lex. 94OW stated that the, staff woo says that the in ehswity oil d, would be (Or the entire area 1i0 not the ppa tiouiar deount site within the area. Dew lopMent in p it ividual arose would be on a "first come, first served" basis. fonning responded that this would be a method to avoid the problem Dallas was now experiencing with cumulative toning. Robert Lalorte, Chatrperson of the Planning and Boning Commission, stated that there already was ouaulAtive Bonin`` in Denton and it could not be controlled unless planned development toning was used, Andy Sidor, Planning and 'Zoning Commiasion, stated that a time limit could be 'attached to all planned deVSlopoonts. If the planned development was not underway to 3 yeses, the toning would revert back to the previous Boning classification. Council Member McAdams stated that she believed the intensity standard was very important as it would allow the Council and staff to look for future transportation problems and avoid them. fanninngg rrporte4'that a time limit en the planned development toning classiftoattoe wa a good idea for tfio short term. for the long term planning of ~nton , the toning ordinance should he amended to eliminate oumul tive Boning and to overlay the intensity as a perforreaoe standard over the toning districts. till Claiborne Planning and Zoning Commtselon, asked '.f there would be any flexibihtr in the aria lines on the intensity map that staff had drawn. Fannin$ responded that `these intensity areas would be met by the City Council. !loving the area lines would be sov'ewhat of a jud``ement call. 'The major thorougharea in the city -.ore fairly rigid. Council Hosbar McAdams stated that a spvoial joint seating should be held with the City Council and the Planning and Zoning Commission to discuss only the update to the Denton Development Guide, The Counoil convened into the Executive Session to discuss legal matters, real astete, personnel, and board appointments. No official action was taken. The Council then convened into the Regular meeting at 1:00 in the Council Chambers, MEMAEIIS PRESENT: Ma or Stewart; Mayor Pro Tea Chew; Council Members Al ord, Hopkins, McAdams, Riddlespergar And Stephens City Manager, Assistant City Attorney and City 'Secretary ASSENT. None Mayor Stewart asked the members of the audience to stand and observe a moment of silence in memory of City Attorney 0. J. Tavlor. Mayor Pro Tea Chew offered a prayer. 1. Consant Agenda Council Member Hopkins asked that items 1.8,1, 1.B.2, and 1.E be removed from the consent agenda. Stephens motion, McAdams second to approve the Consent Agenda with the exception of items 1.0.1, 1.8.20 and 1.E. Motion carried unanimously. 9".771r C01t~0~l, M~M►~et lieei o! vly 1791914 T4 C 11 lles r Mopkias ewate~ ttlat he has askfrd..tor' iteMe 1.M~1 Ahd I MM b,f ve4oved so that he could cosseend staff on she line ' job whioh had bee done on the paisley Street water line and the Tench ~Catates sewer ins. No kins motion, Chew second to Approve items 1.8,1 and 1,8.2. ?boon carried unanimously. Council Mtmtor Hopkins stated that he would like for the Data Processing AdvisoBoard to review and give A. recommending on item 1,10 the upgrade to the Wang word processing system, Cityy MAna er Hartung responded that in the past the Data Processing Advisory Board had not routinely reviewed vord processing issues. Hopkins motion, Chew second that item 1.E be remanded to the DP Advisory Board for a recommendation, Motion carried onantanualy. Consent Agenda: A. Bids and Purchase Orders; 1. Aid N 9294 - Trenoher/backhoe 2. Bid y 9298 - Panhandle drainage improvements 3. Bid N 9301 - Circuit breaker conversion 4. Bid 9303 Pneumatic roller 5. Bid Y 9304 - Pump repair parts 6. Bid ! 9305 - Miscellaneous electrical parts 7. Purchase Order #'63900 to Stewart an.t Stevenson in the Amount of $31315.60, S. Plats and Keptats: 14 Q"o ider approval of the preliminary plat of the Northridge Subdivision, lots 4.13, block 2, (The' P'lannin and Zoning Commission recommends approvat.) 2. Consider approval of the preliminary And final replat of the LSSWY Addition. (The Planning and Zoning Commission recommends approval.) - 3. Consider approval of the final roolat of the Adkisson Addition, (The planning and zoning Commission recommends approval.) 4, Consider approval of the preliminary n plat of the Carroll Point' Addition. (The g and toning Commission recommends approval.) 5. Consider approval of the, preliminary ppl~e~t of the Windsor Park Addition, Section It. (ic Planning and Zoning Wmuiasion r9c6mmands approval.) 6. Consider approval of the final replat of the Lincoln Park Addition. (The Planning Avid Zoning Commission recommends approval.) 7. Consider approval of thepreliminary plat of `t `!e St. Andrews Addition. (The Planning and Zoning Commission recommends approval.) C. Contracts: 1. Consider approval of an' Independent Contractor Agreement 'rith Wade Migr+r for thapections, r,. '7"r.°' +'FP` 'e spy.; i aiVF*"., V 1 r 14 qit~r loou+N011 Niap +stt ~ag sMtir 4ri JJulr lty l9gM • st~ A. Riaal PaymAnts~ conai'dor 'approval of final pay0oat to ON'/W Construction' Company for Paisley StreKt 62SSlli~ project Bid M 9250, Purchaso Order N ?T'ho public Uttlitio~ Board recommends approval.} 2, Cons tdor . approval of final -payment to Dickerson construction Company for Rench Estates Sevor` Line Project, Sid M 9138, Purchase Order f 48171. (The Public Utilition Board recommends approvel.) B. Consider approval of an upgrade to tho Wang Word Processing Systam, *Chn upgrade will include a CPU uppdAto► softKaro' and all peripherals needed to extend the system. (R1~i11iDED TO HE DATA PROCESSING ADVISORY BOARD 8011 RRCONMe"VATION.) L. Ms, Barbara Gailoy appeared before the Council requesting consideration for the. regulation of abortion clinics, Ma+ llaill'y stated that this was controversial but she felt vary strongly '~hat the Oity needed to address the is' suo as it Msa a alien ,ho ~?oaust ropre'onti the murder of l.5 million babies, par year, 8hc'tlleq'!►skal tFtiASe ta'ths sudtinoe in'sUpppport of re$ulatti6n abortion clinics 0', stand Ms. Gail y stated' that Denton had been a landnr ofother csties and 'she k6411d like to' see Denton tskt* r+ ' a stand, on'~,,abortion. Iho federal' ruling in 1473 did not afford conatitu'tional tights to the unborn ohild, A pregnancy was S, terminat44 avety' X21 s*~ o}1ds in the United • States, Mo. Gailey further stated that she would like to see "ordinances adopted tha, would require the moths ,be info,vsod of options, to abortion, to tenuit'o the.oothor be inf4ri►ad of exacr abortion procedures, trj proitibid " eho. sale atd disposition of aborted i~AEusea for exportmentatiotl or other uA0i, to require the aborted fetus be ' buried by state.,burial 1ltande~rds, and to prohibit the distribution of ;tax moony to, groups whhich support or perform abortions, Me. Galley concluded by appl,aling to the Council to step out and take the lead on this issue. Mayor Stewart 'roadgnized a representative from the National ` Organization of Women to speak in rebuttal. Ms. Cathy Edwards, representing NOW, atated that it was not her intention, to debate morality. Ms, Sdwards distributed samples ;nf ordinances prohibiting and/or regulating abortion which had Mien overthrown by the Supreme Court, 3. Mr. John Shrader appserad before the Council requesting roimburseoant by the City to the Denton County Historical Commission for the cost of the puiohase of the fire DopArtoont hook and ladder truck "01'd 14". Mr. Shr4der statad~that,ithe sale of "Old 14" wed before the Council in 1971'1 At that 'time," citicens appeared with a petition signed, by over 25,0 people requesting the Council reconsider and not to Nell the hookand ladder' truck at auction, In June of this year 74he fi'r'e Ciuok had bead gold at auction' to Mr Roddy of Corinth. Mr. t'. Roddyl had in eurq'4ald,the it bank to the Denton County HiatoAcal r, Shridsr statud'tKat he hold many' fond mesaorieii of Commission. Mr.' "Old 14"'and the hook: and ladder' truck had saved many structures from fire. The Historic& Commission should be commendad for saving i't 'ltor the County and' i there was any way possible, Mr. Shrader ' would like to see that they were reimbursed for the cost. Cai~ncil Morbor NcAeams asked when the truck had boon bought.. Snradet responded in 1935 for $5,822,66 and had been replaced in a: 1974. The truck sold for approximately $4,200. a. ~1` ' * , .'t9i r1"" dF %'9~S .a~~ r-5`'1?si+l'.s i.t..~n. ` ! f 1`• F3*: 11 41 1~ 5 ' I i N iwit*• , Gbuao 1 i ' A* of July l°J► 19a4 rein Five Coutla 114 Wt 4041osperjer hate4:00 ho,. Dior not a%iari that,t the fix cook %104 to bo Mold end would do whetevor he Gould to sea that the ,Denton county Ois'toriapl Commission was reimbursed the purchase price. Mayor Stewart statoA thak the quebtion of the 1*5&ltty of the City re bursing the cost would have to be reviewed. Council Member RoPkine asked if any thought hod been given to where the truck would be kept. Mr. Wader raaponded that the truck was presently being kept in the old drive-in facility of the First $tate bank. The truck did not now nor would it over again run but could be used for fire prevention week and other similar uses. 4. Ms. Mar aiat brown appeared before the Council rrqueating that the 7200- block of broken Arrow Lane be olnsed at both ends between the hours of 5100 p,*, and 9100 p,a. on July 20, 1964 for a neighborhood block party. Me. brown stated she was requesting the closing of the street for a neighborhood "get together". The neighbOrs had been contacted and f approved. This would not affect traffic on any other street. The 0e04ena40 of the Council was to, approve the NOg at and have the City Secretary place this iteg,on the agenda for July Ay for action. 54 The Council cohsiderbd removing the prclisrinary plat of the Morse Street Addition from the table. Hopkins aotiono'McAdams second, to remove the preliminary plat from the table. Notidn.carried unanimously. 64 The Council considered approval of the preliminary plat of the Morse Street Addition. David Ellison, 'Development Review PlannerAd reported that the Planni and Community Development staff not have any new information to bring before the Council on this plat. Assistant City :"'l.~ager Rick. Svehla reported that Willow Crook emptied onto Kerley street in this area. Thirty lots would be Added to the addition. Mayor Pro Tom Chew stated that there was a very sharp curve in this area which was dangerous when two vehicles were trying to negotiate tao curve at the same time. If the plan were changed to have an exit off :-)f Morse Street the developer would only lose one lot, David ElliAon responded that if this was done, the lot depth would not conforo to the subdivision rules and regulations and would require a variance. j Mayor 'Pro rim Chow stated that either way it was handled the developer would still lose one lot. Chew motion, Hopkins 'second to approve the preliminary plat with s cul-de-sac at the and of Scott Street. Council Member Stephens stated that the final plat for the addition was approved in 1971. The existing curve in this area was very sharp. Svehla responded thst if this 'preliminary plat was approved, the City would in tall si no to warn vehicles of the curve as they apprioachid.' ds+{oloper co%lld not appreciably alter the ; plan without 10410 several' otr and there were existing homer in place. This ppIan'wou~d extend the subdivision to Scott Street and provide for additional lots. ; 1 o- ~ ~ ~ k~ ~ ~ ~.f1 ~ .~Q r~ t r ~ p^k^ ~ rr~ h'i`4~'•~-+~+g.q~rk~ wr'ry A r~~^r f ' CiC~r Cevtlnil' Nin~t~+l gitfta~~ of July ? dye 3lx' CtiwaoiI Koob*V 110ptin• stated Cask ohl-deosaos were ltm! ed to 1440 feet by the subdivision'rulps and vsgulattons and asked iT this cul- de»sac would akoeed th&t limit, Svehla responded yes. Mayor Pro Us Chew stated that he believed Scott Street should be opened at one end and have ,4 cut»de,ssc at the other. Council Member McAdams staled that the Council was trying to alter the plat. If the plat met`Aagal requirestents, they could not alter it, Mayor Pro Tee Chew stated that the Council would be adding a condition. Vote on C}►ey's action ftiled 5 to 2 with McAdams, Hopkins, Alford, liiddlesperser and Stewart voting nay; Chew and Stephens voting aye. Council Near HcAdams stated that she aasusfed,that negotiations with the developer had been atteYpted and had failed, rilison responded that alternatives had been discussed and the developer did not indicate a willingness to change the plat. Council Member Stephens asked whet the liabiltty'to the City would bi,if Scott Stttot was opened to through traffic. Svohla t'eippnded that the City Attorney would have to address that issue. Stephens, motion, Alford, second to refer the plat to the City Attorney and the City engineering staff for study. !lotion carried unanimously. 7. Public Hohrings A. The Council hold a public heario$ by the City of b nton City Council with raapeot'to ilia iseuAnce of industrial development bonds for Marketing and Research Cou"alors,'Inc. in an aaount not to exceed $1,350,000. The Mayor opened the public hearing; City Manager Chris Hartung spoke in, favor reporting that this particular issue had been before the (louncil earlier to designate this site as : n eligible, blighted' area. Marketing and Research j. Cbuneelots, Inq°; was now requesting Fhe'ieeuance of thA bonds. The Denton Industr.dl Development Authority had net earlier in the day and approved ti,e' ineuance. John Lowery, Marketing And Research Counselors, Inc. 'appearad in favor of the isauanca^of bonds reporting that his lift tad opened the office in March. There were currently400 people on the payroll on a part-time basis. Council Member Hopkins asked Mr.' Lowery if his firs owned the building. Mr. Lowery responded yes. Council Member Stephens asked if the firm 'plannad'on expanding and possibly adding 'another building. Mr. Lowery responded no; the projected Arowth of the fire over the t next 12 Months would deplete the bond money. f No one spoke in opposition. j' The Mayor closed the public hearing. fY a, , r +F+. I~f``, '.r`4 RI('Rd'v 9S~9'7?vl`/ i Lt , l t. QTY d f fl, Vii t r e ~ l~ ~ ~I l ds~. ~ t~y ~ut~g19114 7 NiNA~ nu* bands 1jAd boon induitriar•w u t•d t t t '`e t A t~ tFs%r'•u F Lx cWk: 1441yo AppraxiwAtoly 50 job$ had been 04 Woh Or+Atad due to this project. Duo to the, 4onneotion with this issue, Mayor Stewart moved agenda item 94. forward. y, b, xlk, Council considered Approval of a resolution of the city of p nCgn, pity ,,Caunbii of `the City of 0oaton with respect to ppht publl - h'eari i in "tharinin issue of bonds And approvins dokusonts for MAr t nt and M!!ar counrmlore, Inc, to air Moun not to exceed $10350,O The following resolution was presentgdi ~ IGti THC CITYCOftlt, 4PP90VINO TNC 08PAANCE to bA}lt.C1CY or 60104, INDUST91A4 DBVIlLO ENT AP 110RITY to tINANCR A PA0i ZOT JOOR KARA TWOp1M~ S ARCH COUNS.Lfts, 11W. FOLOV W05ikW, by f'Aiidlution thA . City Coun it (the !'Coverain` gpdr") of City, 0 Do Who 1'ex~• (the touthoris/d cad appt~ovad tiler 00ioo b yM City a,Y Dootpn Industrial Dovelop"nt Auth40,tt 0* d) as:, • i4onpeoiitindustrial dewlnp oot oorpgrAt o a'„ua~x gtMVi+4ib~! 0f the MvalQplNnt Co ratign Act o; 9~9;'1~tpil4r 19 ! Verngn a Mnotated Texas CivillotAtutea,' as ""t*4 (t4 bAct ) ~ anq 4111>k>IA$r by resolutln: adopted on` JAhuary 11, 19b4r the x,eaµor, tfro~'o(17. irr4* indwiitrial developson#narevenu~l bonui on ~hklofgf t±i,4, (th*AWojo4t) tauag I*pltsh the specific publlic pu oee for'4fiieh'tha toruot'w414 created; and WllW,~the >t,x` wr pow'•deiirer to;prdvide for' the tssuance and 'of itf''lndustitsl baoilop"ont ReWenae Aonds, Sarief, 1994 (NArk'4tingRbaArcoh Counselate , Inc, Project) (the "Bonds'), in the **Aftirll~{ g.4rate :p.rinoipAl mount of $1,350,000, by adopting it arol ched hereto as Exhlyit A r`uti0n, lµ rtadtislly in the form atta (the ~'kaAolution")i and Vl t~A5, 'on July 084, the Unit held.: public hearing A, 106aEibn,; Which, under ',the facts and eiroumstanees was cd>ivepitt fot,rasidents of. the Unit, with respect to the, bonds and the lro3014t,,011dwitig,publi6ation of raanonable publid notice in the fors gttaat►!d hatoto as ;xhib:!t 5 (the "Notice") in compliance with ratio 10 (k) of,Uio Internal Revenue Code of 1.954, as amonded (the Code"?.; and 448AiAS) the Aaverning body is the elected legislative Hody' of the Unitt ♦nd "i ..Act provides that the Coven ng body must+ by ti1HERF.A,'~, the,' rialolution Adopted no, Sore the sixty (60) d6)II4 rior to the date of delivery of the, 30a#s epeeif 41-ly apprdVa the resolution of. ,the Issuer, providing for t isruanoa' of the 06iodo, and Section 103(k~~. o tM Lod! OiOifes i'r11aC tltih "applicablA l acted reprerentative, whicF 41'6 gel edt, t`of the bonds 'ts the Governing body, approve t11e bondr as►d,,tha i~rojact, I)rior to ifruancei 1'N0Wl'1`ltS~~FOR40 bb IT RESOLVED BY N9 CITY COUNCIL OF 'CI'T'Y of D0ftNs TE$A3, tMT. 1. This ! Resolution of the' Issuer providing for the sale and issuance of the bonds, substantLklly in the form attached hereto s Itechibt A, it hlxeby'approwd. i tr Y , Yr +i 7+ $~I77.~i 1 ~,~.~~~~~11{'37~`+,;e r '1~^""R'F!i'II5 ';i;P"{r r R~n'l .s { t, t1 y~ ~r lE a r q1 r a t tp { , iY7 it It t +iY Y1:r J 3 '•i V l~ ~ r 1 Y , 3 ~~t s►t ,1uty x~, 19lir • ` ~y !ra#`r r . ~Y1 ~~p ilia'A ly .g roV00,L bhe~ ends, • f d' v ~k (1 this 0440 end Gt1• piojo,ct,. 1 l ao Ri4x a 474 to'o Mtg#~Ok1A¢ ILI h¢Ato arh%xhPra.}aaC and the A. vning goy #ind4 end `detoroino Eliot S LuYVIhoranoe d! the, publiq.purpooes of Apt, 1148gf.D AND ALOPOVIb this 11th day of July, 1984, Maeda s aiotiork, Chow second that the resolution be approved. On It all vote, McAdAot "i►y to Ropk s' llayarid SMayor tephens lay*,"" t Alford r toll Riddiespetger A o, Non carried unanisious y. The Mayor then returned to Public Heaejnga and the regular agenda order, bl The CounQil hold a publio hearing on the petition of 0eorgeHopkins reque tidg 4 clAftge; in %Oning on un approximate'ly 36, 2 coke . portion ot'; planned doWtopissnt (PD-12) beginning at the ,f southwest 'Cornet' of the 4-3 b, service road and State School koad, T1te 4pp;roied PD,lx p+risits b ice qse on 171407 acres. and a 100 cost rastaurtat And 270 iiulti•feiiL y nnNs tin 21.799 sores, The prgposed 10=410p would pers►it 'p##lce' use, do 10.498 Acres retail use on 0.6` acres end 260 multi-fsaily units on 17.1 aoros. iL-165.5 'f!t! AsyQt;IoOoo d this pubito h,oartiap r~ 9it . Go`or' i kinr,' the 'pqktit~one sppk,i, in favor atating thst he was rlpr*4412n~ o., w, M4rtto~, `Mf. 96ft1ns .preeent44 a map of the area s and thi"jilt * of ;tho/'Proppaass,,t,hsn4os to the planned davetop- *#nt; TO, Propooed p1an,''abendo J.u0#ge of the Area near the me tt p+top sty ,and would. oot' uss Wis►bCston for aoeoos to the retail port~oA r f the dsWlbpstenty Thsro :wed not a ffiesat deal of 048a change A ',bh! p~ ahem, 'IS4 KOh avid zo,iing Cos►ri4oion toad xoq~feotdd+tl►aE , t i ,foal ,tool be rei o . Mr r Martin wa'e Aakin for Uppt'nval' to hM"ve '5465 e' 44 for, general retail which' Mr. H.pg¢kina bl►,; l4r, Nartdn was also requastin t h e d e I' ti o fe t was,foao of the,100.appat rest~iIt nt ,sd¢' to'reduce the multi-"Easily unity rum .x.70 to 26A units, tt►e eroa,.to, the sast was the new country club develop" ,nt, <Mt, 41dOia'propoiood to dedtcsta an addttional 30 feet of right.of•xay to 'xlloviats any 'future problems on State School Road 1 Council Modsber ltiddl'esperger adked We, Hopkins if he had, been advised of the possible extonsion'of the south loop in this area, Mr. Hopkins, responded that it wag ' his und*rstanding that the pro sod ext$nsion would be adjacent to the property west of the hi gltw,tiy . No one spoke iN oppoeiti'dn. rho Nayor closed the „public hearing', kl Denise Spivey, eve 01 nt kevisw Plonnet, reported that 14 reply form.i had been ILlied with, t eeturnad in favor and 1 returned in depposition. ''flits x4s an kxilgidg d1xplied developpment whigt was tisid' r'enoA, used. c~,e d i►eldps"rs had reworked tno "plan and had dubsi ~ilted spt~ific to piLn>< ap¢ .;yrlo;.. .'rho ,ofjico ortion of the brigs Al pl+)1Rnrd dirvis nt, d ,pgen' axpiinded with the addition of a fetMil 'Ar4,4. 'i'f#e nt t',o YU#ti->rYlwily,. unitst~A~d bean reduced 'And 6he fuel stop and testmAtaot lied bean deietad. Several I c, conditions hod been attlschod by the Planning and Zoning Commission. Cou'voil'Meslber Hopkinss asked what was the normal amount of right-of- way on'l.oap 288. i Ll &1a , J~'v t I '1t 5~M , w1STm'r_~ r ~ ~~"1 1 rr Y J,ir~~idr ww¶' `.I~fP+1 lr pJ J 7 ~i71• T~ )n e , 4 'T fit} r r Jlyi, "iTm w '`i~ if ,4,•, :,?-v h'; rl ,i .1' 7 >ha~e 416 ik t, ' tlesi.~'tArlt Q ll'Y KAI! fit' ,d a ~ 110 I~erponded tCj~1C "~t.~1e aOWunC vepi W frog 90' tq. X40 x'00 rpr Ohara ;tt was baortawd On r.he 1a% xa thia+a>< akrl I rpNpnakhe kequrehsht woNldbe.'Xor 99,,14ot vets ' an e14 100, r rya', Yf the "oont propaated to 1+0 ded~$a ed` by Mr, o ktin 40i aot tuffiatent, the 0►dditianal portion o0u o obCMined troy that, ~.bher de. ' C,punotl M4aat++ir liapkina Mi~kad' tf tho. alignsPnt was correct so that a'dditionaxl.right•cf-way would rot need to be noquirad in the future, 0au►ioii" K40tior 9iddl6sp*p4Qr otatod that this entire Counoil woo ,ntorcaC~ld in this r,"Iioi*v*y issue and asked tf the property ownersthe on the other 4,401 would dedicate 30 foot ao as to .lino up with loop,extonsion. Mayor Stewart asked stab, if it was bolisvsd that adequate right-of- way hod been obtained, ' Spivey responded atating.according to inforret3on fro>r the Traffic 6niineer, the additional 30 feot mould be adequate, to The Qoun4il 4onstderad 042tion of an ordinance spppro'W$ s'planne1 devol~opaant At the southea k corner of the 1+35~ &Mioe ro±sd: and State, school Road to pokrsit 'office use on 10,698 44"Wt rotoi,l' pso on 9.6 &area Aatd 260 >Ilulti~f*ulily ',Units nn 17.1 aatoo The lolloOlt. yordiOWW6 war pr*$Ant's 141% NO, ,84'*d9 ( D1` I~WC9 XNEIZI q 'fN~ f0 N> Nq MO 0f,' ,THE CITY of r OAS' A P 8~ A~ `AN APPI04DIX TO Ttik' COhg o>} ` p '66Nt'OiN, x , BY '%D1NAN$ir No. ,,1, ''A5: D/~1~GYlES PTO ~,pPliQ IMaI'C~Y g6.2 ORES xll 16.E t, 4 , E?', lZ , ft ► Sl R1 y 0 Ap5`t`lIAC NO 0$01 D N CDll~'►`Y,. 1xA~' AND Mbk2 pA[~TICULAl1LY 156SC91SED IiE!lkXN;' p DCcLA`i IW AN C yECTIVE PATH. .f t, poops, tho otAij'ffllnceti, on :roll call Cnow tlof,ibn► Ahford 66CO~yd`" tf veto McAUos a~ ee,;" Hopkins 'ad~e,stsphoos, ay, Alford oe, 8,iddiat'rpersar aya Cheer aYe,, and: Mayor Stawstit 'aaye:" Motion carried 6'to i with Council Meshar Strpl}rna casting the nsy vote. C, The douncil held it pu61ic he,0ring on the petition of DsWid Lai *bar requerting> s nhango in zonin#' i'roafl the agricultural (A) classification to the pieinna¢ doveiojsment (?D) classification Vn a 2'1 :ore tract in the Robert 8eaumonr:Survay, Abstract 31, located on the vast aide of Hinkle Dfive approgimatyly 200 feet north of Naggaard loons. );f 'apptiovm.d, the planned develb merit would -parsit 16 11 ring,la f"Ll'dotso►►~ d j{ rdso 4it baa ate thin site (typical lot size ' x 92 fink). would''be 41 10 W a hearing. 'The Mayor'apanod the publi mi Aavid 11440b*rr 6t6 petitioner, spoke in favor stating that he loo, ved tho`. Cvo, su~oC irsu~s',►}03ka}, angineoriIt anti neethettcs'. This daw,lop>Itagt,' sfould porot no ld,i0tina + or traffic problims and ' would usChi'ttc 11y"'e~~ttad4a',,tho`,~t hborhood. 'rho houses would..obs priced in ,silo" 9u OQo • tun e., r,; The policy ;fin tha Denton Davl'oparoell r rJrfida•' "rO►ecSMflndiid vorrity of tiausing and this devalbp"tit would'rOet thdt requiraseht'And not conpeosiro tits area. No one spoke in opposition. The Mayor closed thol public hearing. s , J Ali 'Zftf / i~ i( '1 1, 1 V I !I , IAA ,I . ~tTl Cs►~,ttw~ 10 1414 Beale! 14*}'akM'vi~w 4lsnrar, f~pgrkad Rhalt 7 ra~ply tonoB 1NM M11) Kith Qi' to r ibtnl6 nglR~taNilyt dekraoThhd opta. 'fib, pap#blgn wail :p ~iae4en bolas 1rhiAhaere not o0nsidered ss high' density housing, ?,an4# and zooms to"Ussion had recommended approval' with 5 aooditt do. Council Heober Hopkins asked what would be tho density per actof spiwy responded 7030. 1. The Couhnll considered adoption of an Ordinaulce ap'provind. * ohenge in soAAting from x116 agricultural (s) o aseifioabian tot planned development (PD classification on. a 2,1. acre : traot 1"atcd on the Wert ride of , Hinkle Drive approximately 200, ;feet north of Haggard Lane to permit 16 single family detached garden hoses on'the rite, The following{ ordinance was prr.ssnted: NO. 84-84 AM,Oot Awx A""1W TOO 40HING MAID Ur THE 'CITY Of ~DlaiTWO C>i7tAS Y . WAS PTeh Art IX 'r0 O T"E coolt ' por ~'1?4 ACMES ~ArlLx~~''CO.iAtYSA IW~3~I i t"s; Ig P S ICl14AS1„Y 4"O t1.S" tCTN N"""1 rn aB~IAltI1l0 S DATB, Hq~kin~ a~ot on, Mt+s~{e second o s jpp~ the ordiponot, Lin `roll call { 144 a it ay, `4tins aYe, taphene aye, Alford uay~," Niddl'esYgdt~rrChow "ayeand Mayor Stewart "aye." Motion barC ied unarri>AOU4 p.; Tl+i'- Qaunail' hold ` a public ioirin on the pek~itioa `of Mr. J. I'.' McClollan roi~µseting a change in coning t'roe she a riou tuel (A) :clarsitioittoo to the planned devalopmont (PD) a as'oi it"' I" at tM dorthwoot corner of Cottonwoad,,LAAs and U.-S, Hplway 3a she, ;a arox is core particulally dASorib6d a4 lot 37 of the -OOgton 191II& r Mobile' Hose Addition. If 'apptoved, t'ne pl'Anoed ddvplopaeat would permit the construction of'sini'-wsrehousaaa 6n'this rite. x~167 The Mayor opened the public hearing. Mr, J. CMcClallxn, thtl petitionor, spoke in favor '~tsttag that this site was located 2 02 miles west of 1-95 on Highway"330.' The only feasible tiss'for the. property'was mini-warehouses. No water or '40. r saltvloe was available. Mr, McClellan stated that he owned the adJacent property. Nb one spoke in oppositions '1he'Maydr cloaad the public heartng._ aenisi Spivey, Development kaview Planner, -i6portod that 14 reply fo ! h#d bben mailed with 1 returned in f vas and i. returned: 'in oaf asi~.tots.. The r- 4"st , was for planned ~evelopmoot sontr4 for 04W4 tiai use. ~t~ egoranoe, to the proplt'ty would be from oodoo640od'; not ~EMij'jIlay`.380, ` Phis 06ject wo{1 ''~provid~ atoriige as to,, the %obile' home 'p rk resid nts. The P Affinin add Zen'i uorgs~rrion had recormendet approval of the petit oil' with conditions. 1, ` The Council considered adoption of an ordinance , ;from the ' e riouttural (~i) r qvi ¢i aha a iq ~epning ~ tt JAl Mt`t !t q PlM de 14*0 t ' (PD) q~aesif;eatipd r to i ; pale it',the epaAtiliotibn' o>~i ii A 1lar06but* r at the:northw6st 'coshes of ,ottoelwed Lade and` U. S. Highway 3J10. iP'i. f, itl,l slw.5j l1r,y`!n PmkR'es~Y`~7?4N~,~ 77 ! `r r r qp~yy CWtI►bA ' tg ~ 1 N Nf,MM,~I,Mt~M,11r ' 1T ~ l~' The "following ardi.aaaoe'k'aa Ort+aat*da Ate WINANCR ANT) tMi ;THE ,I ING HAr Of THIS CITY OF ag"X, 't&W1 AA $ANR k AtSOtTIW'"AS AN APtt"'X To TMZ 00(1 of oMt1DIM~liClla3 of !SR ;_1` 411i b~Nlol1, T'UA$$ lx ONGINANC~':''" 691.1 AND Al S~XD A+►t' r,lTLit $ To LOT,ir OF DENTON RS A a NoAILS Ron ADD`till ON CITY or DENTON, TEXAS' AN~ **t AO ICULMLY DiSCRIItE HCRRI~i{ AND U6CLARLNG A,ll iSF L~t`TIVF McAdoo# Motion, Riddles~erAsr, second to adopt the ordinahoe, On roll all vote, NOA4" 'ayl+, I Hopgns '1gya}" Stephens "aye, 'i~AlfaSd yet' Riddlosperpt eye, Chew aye, and Mayor Stewart aye. Motion curried unapiocusly. The Mayor moved A$*nda'itoo 9 forward. 91 Resolutions At " Tl Council consider ad approval of a resolution authorisia publication of notice of intention to'Lsaua Certificates of 04li at en of the City of Linton, Texas, 'for solid waati, disposal lobilit~es~ Ara:#atant C~ty,'M~Ay+r hick Swhla rtpoetad "that the Certificates of Oblir•tion'~1t+uld'be in the amaunt of $1,600,000 for the Gons'truetlon of 't haw londfil14 Tns following resolution was proseittedt Rlt$QI~UTIQN ANl`Ilalt x NG IOU i.ICATION' o Nd?ICE of I'll ION TO ISSUE CLRTIF1CAtE8 0 'OBLIGATION of. ''fut CITY'OI ,PnW, T&W 06k SOLID WASTE'OI$ i6FAL >:ACIWTIES 149 $TAT$ Or WUS COUNTY 0 'CLTY O1~ OtN Yis6*W it is d"oed necessary alepd~ advisable that Notice of lgtsntion" to Issue Certificates of ligation be given as hereinafter, provided; TAgREPOREy BE IT RESOLVED dY THE CITY COUNCIL 'OF THE CITY OF DENTON: Section Is That Attached horato is a fora of "NOTICE OF IN'tLNTION"TO"ISSU1 CERTIVICATE$ OF 0 L1GA'rLON OF m Cury' OF DE.NTON, TMk$* Fib SOLID VA$Ttt pISFQS/►L FAC14ITIES" the 'form and substance of'Ghidti apt ,harr<by adoptt+d and approved. Sect on 24 That the City' Sacratrry'"shall osuse said NOTICE, iq it 140tially the form, attached hereto, to be publiaihed onoli',a weak at two,,aonsecutive weeks in a n4Mippspar of general circulitton in. It City, ttie date "of 'the first publication to be at least fourteen`(} dais prior to tho date tentatively sot for the p±tIPA g '.,of O Ordlnonce authorising 'the issuance of such rt f ratsa Of 'Obligation. CheltYor~dn, Alford second that the resnlution'b spprbvpd. On roll' call, vote' NcAdsalr "eye," Hopkins I afire," Ste hens "ayeAlfurd "ayeRtadYesprYgar. "aye,",Chew 'aye,' and Mayor Stewart "aye," Notion carried unanir,ously. I i . y I i T, MWF97 7471 Tlta Mgy'OR them '0eetieabd r1iSuise' saonda order. S. Ordiaanc~~" A, The, 13011,1494l eeaitderod oftItttoo of an ordinancs to !tt's~'1t 41014 t t 0 And lac*'aot d pu 1 o hoariid rosatdin t Mkiba l~z~, 11; d. Mu~to for ~InneltaCton of prtaxihattty 11 aoreA of land tooitod at' the Mtirreotioo of 1'-35t Mayhill Road and repealing ordinance 84.76 relating the Tara, AA-6 Sher qp„ J.A+4mon, PlMnniAg Technician, reportad that duo to a ria u lieation ik the ' nowep'aPerIt it would be n*c*smory to root, rtise. The' public laarina would be'hel¢ on July 24th and annsxeeton prooosdings Mould be instituted on August 13, The tollowinS ordinance was presented: $0. a4«p6 AN 00AYIUMC6 SETTING A OATS TIME AND PLACE ON THE PROPOSED NiltAljOM Ot JkTAW 09498TY BY THE CITY or DKITON 3' XAi ANI)`~ No rNO DIRICTINC THE MAYOR TO T1111LISA NOi,'IC~ OT S YC MPlARINO, I kiss rotion, t'Chow aeokinvito'aodoptStophenainance. Atoroll,accall vo I! Riddle at $yy~o~ CMM Ayo. and Mayor Stewart aye. Motion aKrr aiiMwf#ly, a. The dp~tgoil. considered adoption of an ordi 4004 cr approyin~.the pet of Jarea R. Ntblott requesting a Ghanao' in aqn !'tw aStiouttural (A) to the light industrial (LI) olAi fioatian on A ?i~.06 to :tract located adjacent and north of N hNA itl01i' . adjArtent aqd south of the TV and MICE 'kailroad, ba tna na,Appxalcia~atlly 700 foot oast of Mayhill Road, 2-1661 The'follofd.ng ordinance was presented: NO. 84.67 Ail OfIDYNANC6 Al1tND1Nq tME 'xt)NINb MAP of r~ t c1TY O! D%rtTOM, eAM14 VAS APTtD AS AN APPENDIX TO 1►tE CODE` OF 0p~~Wp O1 THIS CI Of DEtITbNi Tf,XAS, gY 011DIMrWCE NO. 541, AND AS ~Ih MAP .:APPLIES TO APPROxtMA~'F.LEY 4~.OG ACitBS Ole LAND QUT (IE TiiE N. FOkRtST SUttVEX, ABS CT N0. 147 DEtt'I'ON COUNTY ~ AND MORE p/~TICIJLA[il.Y DESCTIIBE~ HERLYN~ AND DEGLAR~AN EfFECT2VE DATE. Steghans motion, Chew second to adopt the ordinance. On roll call 1 01 I It It 1i Hopkins !1Ye, Stephens aye, A1Eogd a e, ote - MpAdara ~0 a 0 Ridd~eapal'kar, ay+►, Chew aye, and Mayor Stewart aye, No ion carried unaniywuoly. C. The, Council Considered adoption of PA, ordinance approyina the petition of JA" 1t. Neblett requestf.nq a chanSt in Boni frost aaridultur i (A to the. it ht inauatrial (LI) cieraffiaation od is 16.99 sore tract be inning at the northwest corner of Highway 90oR and Goealiq Road. -1662 The following ordinance yea present" I M0 94-,A8 AN'OOU WCE,AX90DING'THE YJ)N1Na MAP Of THE CITY;OF DENYON, TEXAS AS SAM&' VAS ADOPTED, AS AN APPENDIX TO THE CODS.; OF OkDINA1/09S OB' TO CITY OF WITON, Te,.W BY ORDINANCE NO. 69-1 OAtND AS SAID MAP APPLIES TO 4PROXIII ILLY 16.90~p91 41 kD>gi"t"►~'riwI ~ilNO~rPAft~I~YCt11~ARLY DPtaCkTND iWINt AND DlrC 610 AM ACTIVE DI .i, i,iii ` z aK • ~i .4 , rt i1. ,4: 1 .1. G i ~~~N~w -13°'°"t?+'~' ey .y,~y.}x r~ ,3+ Yx~~ St♦ E, q ObeM o~nd to addtt, the ordtniiiioe4 On roll 0a11 Vop toZip "jje,' Stephens "Aye it Alford 'A •,~i Rid~`oel►e1rr ohi, Chev stye And mayor Stewart aye. Motion nArr! d ut,iaaipawly. D, The'- Council oonridored adoption of an ordinance abaoldoni,n8 n; utility aseareat on Santa Monica to Clovis C. and Marilyn E. Morrirsoo. Sob Helgon, 0trector of Utilities, reported that this was a routing abandonaaat o an easeoent. The easevant was not used or needed, The following ordinance was praaonted: d0, 8489 AN OROINAIiCE ..pAOVIDINO FOR THE AAA11pONtiRNT Olt A UTILITY EAStNENT YITHYN THE CITY, OF DENTON, AND -AUTHORIZING THE MAY014 TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT TITU9 ANA INTEREST of THE CITY IN SAID EASEM TO THL1 Or ru TRACT; or ~ CONVEYED BY SAID EASIMM I AND G9CUAING AN 9MCTIYE OATEN Ho king motioa, Riddleaperger second to adopt the ordinance, on Coll 9a mute', NcAdar 'AY Ib as " ye," p Alford a, , ~~OdiedperNr aro,'r Chow p Are,'r and MayorenStewart "Sys." Nottod oarriod',w►axi*our y. !d. rm Council considered adoption of an ordinance abandoning a utility asrswnt on Santa Monica to Carl L. Coil, Jr., and Bonnie Coil. Bob Nalson$ D~ector of Utilities, rsported that this war a routine a6an4on tkt o 5 feet of aies►int on' one property and 5' feet on another, The iaaertsrte',was not used or needed. the fallowing ordinance was presented:` NO. 84.90 AN ' ORDINAKI X PROVIDING FOR THE ABANDONMENT of +A UTILITY EASYOM$T WXTH j,N THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO 'C0 UTE A QU TCLAIM DEED CONVEYING ALL RIGHT, TITLE AND IN'POUT OF 'CITY IN SAID EASEMENT 'TO THE OWNER OF THE TRACT Of LAND CONVEYED BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DA'Z'E. McAdams motion, Alford'saoond to adopt the ordinance. _ On roll call vote, McAdams 'lay* to 'Hooking Stephens "aye," Alford "aye," aiddiesperger Iaye, Chow eya, and Mayor Stewart aye. Motion carriad unanimously. . The Council consider d' adoption of an droinanoe abandoning r utility easemsnt on"Lynhurst to'Charlas' L. and Eleanor RoedsMA. Bob Nilson, Director of Utilities, reported that also was a routine abandonaant. The easement was not needed. Thu: following ordinance vats presented! N0. "-91 0 ORDINANCE PROVIDING FOR THE ASA"'ONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DOTpN AND AUTHORIZING THE MYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT TITLE AND IATEREST OF THE CITY IN SAID EASIXIMT TO T1i~E OWM 0!' 'CMG"( OF. L 'CONVEYED $Y SAID E48E1ENT; ANa DtdLARIWG AN tFFECTIVr "tat. t. «r' cif ' {0777,, ' oiRr' 41 lot ` o! t► 1<7, 1tM Fir f; NeAd ttiAt mat tow ire t as 1t`. tbs, okdi0#A0 a tall 'cots vats N N • ye r ff $6,6-phone "aye ► ► Al ford "ily! "aye." Motion Ma Ridd;4ep•+fMt Chew flsyo►!~ and >ar Stewart 4errled uaa-4 as y 9. Resolutions I Agenda items 9.A and 9.J had been Moved' up in the agenda 'order and had bean acted on by the Couno`il, C. The Council considered approval of a resolution accepting tits: todsral Easrg uletory °Commission's order issuing Denton a license for the L*wtsvilta Aydroeleotrio tvojsot. Bob Helson► Director of Utilities, reported that the city had received a liesp • !or thr~ Lewisville Nydroel•otric Projtct ;n order to validate council must approve Chs reso ut;on, the mense► 0-a The following resolution was presentedt R E $ 0 L U T I D N rgl0440 the City of Denton, taxer has filed an application with the United States of America, fode#at Snarly Regulatory Commission, for a license under 'tart I of the fr4deral Power Act to construct, operate& and maintain the Lewisville Projrot No, 3940-001; and, 'eke .Feasibility •t'' 1!Y' for the eoostruo*inn of the Le"Ovillm roeleotrio Projeaa ham i! completed and, presumed to the Denton City .uncilf and, 44MA36 the City of Denton has received an Order 'fssui License (Major) (Issued Naroh 27, 1964) from the united States of ip Federal goergy Regulatory Commission for Laid Project No. 394and, wgbRLU , tW `City Council of the City of Denton, Texas recognises the feasibility of the Lewisville Project 3040.001, now, therefore, BE IT HOMY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEAS THAT: SECTION_I~ The Director of Utilities of the City of 'be iton, Texas, be and is hereby authorized to accept the terms and conditions of the subject order betwean the United States of America, Federal Energy Regulatory Co■missioe, And the City of Denton, Texas. SECTION II. This Resolution *hall be in effect immediately upon its passage. PASSED AND APPROVED this the 11th'day of July, 19PA. Klmlim a. ' Mar_ CITY O! Deftw, TzJW ATUST: C IoI' L'Y''fr'SWKVM CITY Oi OUTO140 TEXAS APPROVED AS TO LEGAL FORT!t CiTJ.O! g&jk LCITY ATTOAMEY 0 +11z BY, { . i, g+°x1S°?~.m:~7+~i:wq,a .q.'~r''sj'a✓~t' zinc n f Cana a^ 7_'Si`tF".Rr:+*2p.F ~St 4,~' -r.:id i, ,Fi 4'"," 'V~; 77 1 ' Q~ Cearg0~.1 Niuee MM ,y# sRiti~w ly 17 19N► top, Allotrd Itettoo Rtddlespo"" seeomd that. tba resolution be ro►wq, . 4ri "I1 l' a 11 yvqok~l ► NoA~+►~a ~ 1~ ~!'R~t 1161 11 $topfioas aye, Alipttd Ye. Htfddlespssev a~r•► CMw aye, and Mayor imout~ly. Stewart "aYil." !lotion oarrirad upon W Th. Council coaaidoral approval to provide sanitary sewer Nsi~rvf;eecity for Ht. Oo McDonnell on as o Gore tract located outside the Dentoq lisita. lob' 141soct piriott►r of Utilities, reported that the property was locab;dd on Htast "4q4" ay Street and was Sting dwalopsd by Mr. * Odnnell as a teai4ence. Mr. McDo6001 war requesting the sewer service and would perform the installation. Mayor Stewart asked'how this would affect the city rate. The Public Utilitie Commiss n has placed restrictions on service in the extra territor al juris Mica. Council Member Hopkins asked if Mr. McDonnell would pay 1 112 times the rate to Denton residents. tt4lson responded yea. MoAdaw actions Hopkins second to approve the sanitary sever service for Mr. Nob6naaim. tion carried unanimously. 11: 4 The Council was to -consider A; V'O aI of •bl►aeon Nsau; portion of ea exiating16 inch wNterline ad~aoent to she Dave se autoswMle ;dealership on Weet University oulavard between Cornell Street and Malone Street. This item was remoteod frost the a4aada by staff. 12. The Council oonsidoxod approval of downtown square undorsrouod podmount switch and transformer apace. sob Nelson, Director of Utilities, repotted that Gilbert and Aasooiates had oomplated a study on possible locations for s,Akohes and other aquips/ot to allow for underground utilities on the square An uoOor round vault had been considered but was too expensive. In order to install thine switches, certain parking spaces would have to be designated as locations for the tranaforears. I~►a locations war* selected to avoid reAr building entrances or to ing areas as much as possible. McAdasas motion, Kiddiespar ar second to approve the downtown square underground padmount switch and transformer space. Motion carried unanimously. 13. The Council considered appointment of Deputy City Secretaries. City Manager Chris Hartung repo tad chat► as a result' of staff chasas in the City Manager's, Office, he was recommending that Laurie Jackson and Vic gayer be appointed as Deputy City Secretaries. Hopkins roticn,' Stephens second to appoint Laurie "Jackson and Vic toyer as Deputy City Secretaries. lotion carried unanimously. 14 Thera was no official Action on ru4cutive Session items of , legal matters, real eatate, personnel, and board appointsents. 15. The lollowing items of new businosc ware suggeated for future agendas i., Council Member Stephens asked for, a ties line and 'plan to establish loop 266 south 7777777 city coom" Mime441 r~~t~otw ly 1f ~ 1"4 1 2. Mdyor tro Too Chow oslad that •q its, be 016014'00 the agenda to 4111ew the t:eunol l to 11 rior on the retstburaesont of. costs for hook and ladder truck 4 S. Council Nmohly %opkins asked for an update on street repairs as soon an podsible, The council theq,4d,~ovrao4 into the ~ateoutiw Session to ditouas lesal natters, real eatake ti personnel, and board appointooko The followia oi"fiolal lotion was t"Ant Hopkins slotion, Chew second to appoint Jos Norris as Actint City Attorney until a City Attorney could be reoruitsd, Notion oarried unanieously. Hopklna siotigns Chew second to extend 'the tern of Rod Hutton on the L,throry Board for aqe year to a it in 1966 and to have the Data pYOadsains Advisory Board draw lets or lan8th of torts in order to haute staNered expiration data*. Notion carried unanis►ously. With no further busioesso the "*tin$ Vas adjourned. ♦ O el" IKMMM q ALLEN, C 4~, 1616C ~ ' T' {!(7 77r,`7 1} i {l1 * N; Y l tr,sfi77 Y 1 CITY Cq *11 AW'DA BACK-UP %$WAY SW ET t, DATE OF MEETING: October 2, 1984 r, COUNCIL AGENDA ITEM N: Content SUBJECT: BID N9342 STREET AND WATERLINE IMPROVEMENTS AT NEW LANDFILL SUMMARY: This bid was sent to over 24`vendOrs and'suppliersr The projects were listed separately;'bn the proposal. i. Bids were received on either one or'both items, We received two bids op;the Road (Street) Project ` and five on th'b Waterline Project as shown on the Uoulation Sheet s ACTIOW AWIO'M Apprdval by Council a'nd AWard'of Bid SOURCE''OF FUNDS: Landfill Project Fund ` RECOMNENDAT104: We req'*m04, this bid be a"Hed,to the low b144*r for each r0 ect, Item i - Prof@ct-q r Rood, to Jaggoe ub is Co. at $1520779. and Project e Waterline, to Dickerson Construction Co. at $65, 873.50, EXHIBIT: Tab lation :5h'..Set SUBMITTED BY: /0. hn~ Jt,t shall, C.P.M. (/purchasing Agent BID TITLE $REST dt,.WATERLI E INC. IPWROVEMENTS ' oYEVED,Sep ~ r in9a ;:M JJAIOE R88, , CAhYER? ; JAY ~iAb ~ DXCkER50N LIC PAVING (1O, CORPORATION COW, ACCOUNT it t,. QTY, Y 0 V 1 R 1fENDyOfi VOR V DOk N R It VR 1 Pro Gt A pd 197 01411 An 2 PrOject B - Wa erli a X2,557,5 127j881.86'1104,146.00 72.1 00 65.873, 50 _ Did Bond Gjgsed.' _ I Yoe, Yes Y Yes y 4 i ,rc. 1~ I S~( r~ r iF l' , i iy 4VII DVS Iti'1 ~7 Ilfi i i.; ~r ~s 071 , ~Yi<'Y CQUNC14 A6ENp11 BACK41P SIMBM V Si1KE,Y DATE OF.MEETING: October 2, 1984 COUNCIL AGENDA ITMC N: Consent t119JECT: BID #9346 MOBILE RADIOS SUMMARY: This`bid is for four 2-"channels mobile radios, one for the Matte Water`Treatioent Departeient and three for the Street Departmt, ACTION' ~;Ei~iIRED; Appri-' *I' b Counci 1 and Award ')f Bid SOURC.E OP `FUAOS; N620=0058»0;4 0-01S'6 ''Budget 'ACe661uAt Ora 00240304110 ~sudget Account 01fl0 RECOMMENOATION: Me recoiim*nd thiW' b d be a'warded' to 46tor01a, the ;low`°AYailuate~ p 'dder nie409' the's ecifications t,;1,4~8 00 each~Per 4 radios, a total of I5,832.QO; The low bids were subioit'te'd hy Hdkeil ln' 'trun>d'nts for the pace radio* at $01"i"`OQ~ ahd $962.00 each. Those low bids: were eval4lated' btiy Mr, John Maxwel,; He re'c6M"od,ed the 1o;gest and best evaluated' Odder for the 'City of Denton, EXHIBITS: Tabulation' Sheet Memo from/JA n Maxwell rSUBMITTED BY: J\ M sha 1, C:p,M. o hasi{htig Agent, 4 IT Iti « 'y„ 5 Y~u • r ~~u-rrw ~ .i ~ BID TITLE WHILE RADIOS Op1rNBb SeDtembiah 20. G E. RMLL VOTORDLA HOELL $4 2 1) m CO~MI. COHN ACCOUNT 1 Y0031M-I 0 n BH''. 8 _ VtA.oR VB V V`~1iXfR IT= or i 4 ftbils Raidio$ 16 x523,00 962.00 i 4040 837, ,r # .W r Delivery 90 Days 30 Days da s ZO DAXS i Incl. Enst 1tncl Inst. NFfg G.E. f Pace Motorola iPace _ LMIII 1895 LMIII 1895_____ I I j i is I I' I 1 411 u Y I I ',r I .r I Y1 ~ , , .I I i Y, ' $ Tax f>M/fllCtpAf. M/ff.WVf / fl kfgfa, rf?XrcS Iii 0~ / Tlft,Ef E (df 7) She OQ MEMURANUtlfl' TUi Tom; Shaw, Purchasing Agent FNUM: John G Maxwell, hmeryency Management Coordinator uAft: September 25, 1984 RE$ Paluatidn On r,adi`o bid froo "t Nowell C:oaaKUniaation (PACE) and 40torola 1 find that both Motorola and GB have suet the specifications as published. Hbwe"i1 CCinutl'finiaatii~n b'id'i"h'g `the,aC?!s radio `Yai1e to meet the specifications in the following areas:' Tranamitter e~ c's Howell Comm (PACE) Spuxious & harmonic emiesion, ~5dC3 7Udki FM noise 70d8 4UUB .deceiver Selectivity' NIA 2 Signal 'i;00d8 ~5c1k3 Spurious & i{daye rejection 100' dki 8bdB Audio 'bistoration less than 34 , . 10% Audio Output 12 Watts 'min 5 Watts i see no noise blanker/extender on the PAC~;speciiication. i recommend Motorola as the low compliance bidder, n G. Maxwell Nmeryency Management Coordinator #0413C 3 i4 7 7SSN aM1 pf} "'y°1 ARP '1~r'~'~' Y ` , TIT, G+ i 3F r y5 r', rF +p, it e 1 I 1 r } a , 1 + rr I ti~ fr + ~ 1 r~ i I 1V + i i C11* COfNICIL A4EliM MCK-UP 9000 SHUT DATE OF MEETING: October 2, 1984 COUNCIL AGENDA ITEM +t: SUBJECT: Purchase Order 064764 P.A. ROSS MACHINERY SUMMARY: This''pGrdhase tlrder► in the, aieaunt of. #3,66,1.73, is for tha'`O ql' to oY rliaul tlf; the`'~ear a»'i 0 nule~! 2`► mobile ~iSr~ Th4 ar r `COW 4 par,`ts► labor, a d freijht . to'cbiaplete'thi4 engine overhaul. ACTI* REQUIRtDc Approval by Council SOURCE' OF FUNDS; ACG'ornt Nuref" 768-004.0598-8710 Vehicle Maiintenance Sublet Repairs RECOMMENDATION', We t"6coownd this purchase nrder'nom1her 64764 to P.A. Ross Machinery be apprOv#d in the 'amount, of 0,551.73. The original estimate was #3,800,10. EXHIBITS: Purchase Order Copy I\aVoi` SUBMITTED BY: \ Torn D ,'Show, C.P,M, Assistant Purchasing Agent r;.~ r rHFy~~ Ar'~'4 t r ~R ' ` fr`1a.71 l~. 0..N1Nt g11T111lYlENil1'hW. 647!'64 000,004 C14 RR541)040 'i~~ABi !{ACH;NRpY .V~Ni1i~,~MA,t1NTt=NANCE 1s,ror - CC1Nt*XttNAT>s4N ciNLr . E4it4' Sob C°0NTRAL, V!XPRE68WAY 00 NOT'buiL.1CATE DAW AS9•' TX• 76215 ITEM ACOOUNT NUMBER UNITS NUMBER DESCRIPTON BID NO. LINE AMOUP 01 Y10 004 0598 14AW 1 2890 REAR ENGINE COMPLETE 5•~In0.0o into TOTAL FOR Pn0• l fA800.00 The City of Denton„ Texas Is tax exempt House Bill No. 20. ft*o toe P.O. Number on all W Shipments and Invoices. C , Shipments are F.O'.B. City of Denton, or as Indicated. SoW M ioioe* TO: Db*M AN 44UM" YID: C4 ~fq~rton, A4aoous PaY!W+! Jdn+ ,l. M+irNop C.p.M. hurahuMofi,t 216 Clsnt2k+, TX rd201 Ydtn `Sf+~w 'O,i~,M: Atwt. l uroho*v A~wvt > Mtzlttrirtrl~ 1., 'Phorn A1'~16dbd223 ' 81~'!'f~d~831f O1FVV Mbtro 26T~0/2 The CltyQf_Denton is sin equal opportunity employer t an r' n, t♦ 'r w. f 3' Q S e c t ~ k r k: V ^ t i ' 1. Y, A E G. a . rl,. I ~ rr CITY COW IL AQEllgl BLACK-UP 0A WY SWET ' DATE OF. MEETING: October 2► 1984 COUNCIL AGENDA ITEM M: Consent SUBJECT: Purchase Order #64930 BOLAIN EQUIPMENT, INC. SUMMARY: Thi s, purchase order i s fo the everg~„„{tcy rep& r of our eguipa nt nuaiber'2040,'a 1479 1K Cab over, as indicated on,"the 'attached repair order, ACTION REQU I CO Approval by Cotf11C i 1 SOURCE OF FUNDS: 9udggAtad Repair & Maintahanca ' I"630~002-008-8342 WOWNDAYION: We Yecommet,d -this ew6,,cy purchaso order. for Vehicle repai"rs be olp., ad fo`rJa nt' i<o 8olain Equi`prnent,Inc., in irhe ahwunt' 3487.04 as shown on the purchase order and repair order-invoice. EXH16ITS: Purchase Order Copy Repair Order. SUBMITTED 8Y: '2 . d'n ~~~'ta shall, C.P.M. 16~1 urchasing Agent x. .s r Y. , i , r 1 } 'hCRl +Q2 9, i r ~ i ,c, eu 1 t ,rr''S7 1 ! i I ,({rP ~ ;97 r, a CA aar'i poCUMENT me '1111MAlN 6w1o.NT. INC. at 0,ox, 410 oalkfON• TX 16201 1. ' ITEM AMOUNT NUMBER UNITS NUMBER DEWRIP'TION BID NO. UNE AMOUN', `01 Y10 004 059U 8710 1 2u40 iWpAiA,olFF9AENTlAL ~~iti7.d♦ t! S' 1 I i i TOTAL FUi P.V. 311!7+04 rw,Clty of Denton, Texas Is tax exempt • House Bill No, 20. r , ' fielelwmlr PA klum On all Bll., Shipments and Invotcee. &*~te we F.O.B. City Of Denton, of ae Indicated. Wnd. (nvoloes t : 0100011 AM N"Pk* to- Pwj" ► J. mot, -0111, O.p:M. . Cyy vi`f0nt* AoO OM ? 9fw,.i►.M. pur4hMN►p ltN~,7e201 Tdiri. 2163 E" MOKMnr~ 40 - Pflbrte'bi7l6ed33 dt~IdUbillf DrFW Mitro 247-0042 vie City of Denton Is an wltw owrtunlly arnpioy+r ca lN~NtwuKustnN~Atouwr N4 ! 1060' f~ ¢ , OISCAItitON ►RIC MAIN, R1'~ 1` o t 44 6 ON*^ 1%74*1 ! ' MI. 074l,14iONlxTF10 4*10 ~ . LW00I ONLY IN DlWrI t7t)1lNTY o*ta TX G ` aAt If A"I L No ; 40 221 . I LAII ' NS! K! #ITAIN ~ARfS IOR II t ~ 1' MN~I'CrfON E Y A IA ❑r r ♦ I DWAFD PAM (f CAtt LJ CHOII SAANt,❑ fDFf WAlM IOIItMn Or A,No, IN TAUCTION AI t "ol 'J ! i 4001 1 I TOTAL PARtS t• i < i. ' ; LUtltr Ak1A1Rt ; I rs I war wMwu~ N »rw u M NN w r w M IM N1/««r Tr«,« r ~!1 A« M«A «N!« TdfA LA►OR r M~y.N. Nlrll N ~M'IN tM 1«I NN1 M ~F . h 10 W4 I., III so «N«. N.M«rw', I« ot= TOTAL PAM ` TOTAL SUNIiT RMAIR3 ~ur w.H «.1r.eli.«.rwprk0I ~ ~»r/ AtC111bRIM ' IlBTIMAtt f1MgUlIr ~ S MOk"PARr`C 00 1MOR' . - rI I Y "Ls. OA! i p S rw. AwTt~ AI b114 10rK lu e 7 .rr• .sv J( i t CITY COUNCIL AGENDA BACK-UP WWRY SHEET DATE OF MEETING: October 2, 1984 COUNCIL AGENDA ITEM 0: Consent SUBJECT: Purchase Order 064985 CALVERT MOTOR CO. SUMMARY This purchase order is for the``emergbncy replacement of an engine in `our equipment number $221. ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Budget Vehicle.Repair and Maintenance 0610-008-0262-8342 RECOMMENDATION: We recommend this emergency repaii, purchase order be approved for payment for the repplacement of a motor i,n a 1982 IHC truck used by the'Electric Distribution Department. EXHIBITS: Purchase Order Copy lllpa~r Order-Invoice SUBMITTED BY:. oKn J. `l! rshall, C.P.Mi. Purchasing Agent k Iph1 Mry,Nrq { iT>@1QpPd4t°~aT'n 215 L P, 0,'NUMOA pA'►~SN I NO. DOCUNIIFNT fiA 935 O'~I17/!!w'; GARAGE CAL66500 YBtJgOR; SHIP T0; CAI,Vt f7T 'MOTDft COMPANY "*D1, flux 1005 OtNTON+ TX 76POl fTlrfiA ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. WINg AMOUNT 01 110'004 oci9tl 1,1710 1 iP%,"1!1 WUPLACI ENOINt? '~•x1Y~77 i TUTAL FOR ;J*0* 3 217.77 The City of Denton, Texas Is tax exempt House Bill No. 20. _ Refsoiopa P.O. Number on all, Bit, Shipments' and Invab.*s. ShIpnwts are F.O.B. City of Denton, or as Indicpted: Se~W Irw*Wo TO: DM+rot AN Ya City of I,tl r , 'A666' e- hyabb John J. 'Marsha o C,{ 215 E MoKlnndy;3t.,'Denion, TX 18201 Tom D. Shaw, C.P,M,,Arat, i'urcMeltir~l. Phone 81tf6 822:1 8itll"II DiFYV Mstro 2ilT40d~ , r w city of biotbn Is an equal oppoitunhy emp$oyer i; !M'7 kKtNil _ IF790 ,.1 OATf Iqt 09 It , MS~ `S+Sd`d'' hotirf /Y O S"S *4$,W 460( opoe 1806WIM 00A ow LotgAles Pow ° CaEVERT MOTOR COMPANY r JA P.d, Sox 190 OENTON, TEXAS 76201 304 E. Sytorn" i tr o" 387.9471 MNTo431.1251 All ACC6x1NTS PAYASIE AT DENTC*C WNTON COUNTY, TtXAS. f, 40W.2ev /L.44 ~ I Bl"JW11 4001t r C ' Nol RNpw+f of lo{S of D6"140 to CO" W rtkriit al, M n M ntf o tOtAl iM011 dU Fire, Cause "ohd Out { y 1• .ho.. omplo wad 1eb daM ebip rHh M► eer«wv e•Ma.N M~ 101Al ~ARif . hhNieA Td o M.i o "r iimo"eve. T ie eMyeh_I~M rw. Mylk a r~MirN A« r:.. Nn apvldMA a %N"It h.eh~ w fltowhfl~ 1a tt+ Pwros~ el NNNy Mid r MIMf1i0P Ae /•r.os5 nw.h~ew:v ha, K h~.'6r akeew d enMro+e rM ~i 4t veMN1 N Nrw~ Y Mnry~h~ el raMMl~ I u~A!nrend N~~MI~ NY la leh.n Onlt. .W NNke.. A TAX AUPWV 14 . Uhf , . { -n i at t ;;I l iT - h x 7 aril.-~ te',:;}ie 77, vj,1 ~.i ir'v i rf~ ,~1 oLhy.M1'r r y..SiF i i f CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING:, October 2, 1984 COUNCIL AGENDA ITEM `N: Consent SUBJECT; Purchase Order 065064 ARTHUR ANOERSOk ii CO. SUMMARY: This purchase Order is for the afWit of the Eire Pension Fund at an estimated amount of $4;000.00. ACTION AEQUIRED: Approval byiCouncil SOURCE W FUNDS: Budget 100«006-0050-6502 RECOMMENDATION: We recommend".this purchase ordor for the audit of the Fire Pension Fond at the 'estimated amount of $4,000,00 be approved for payment,' EkHIBTT: Purchase Urder Copy SUBMITTED BY: su-~- ~/'dnhn J. Marshall, C.P.M, Purchasing Agent i - j 777f fr . ff } t z I~ r y. n.- I.,ry lop w ST. t 111gN, TX v4v WWI own NQM AN04630b VltpOf1; SHIP 1"O; AAtilur AN+)I.n.%i(V 6 co VIRIA UCii~ RTOaNT t2Q1 ELM 'STIWET CONFIRMATION ONLY SUxTF 4 00 UU NUt DUPLICATE DALLAS• Tr, 75270 ITEM ACOOUNT NUMBER UNITS, NUMBER DESCRIPTION BID NO. LINE AMOUNT 0 100 006 0050 11502 1 FIRE PENSION FUND AUDIT FST 40000000 f y TOTAL FOR P.C. ♦1.000000 The CAty of Denton, Texas Is tax exempt -,House BIII No, 20. flNersnm P.O. Number on all U14 8hip*pts end lnvbices. Shipments are F.O.B. City of Denton, or ae Indloated. Srfrld ~ WOW" 74; Dire4t AM,,040, a Yf. city of.t5 nllbn, Agoou`nb Nyabli John J. Marti, C.P.Mf f0urbfujefn0 Agent `215 E McKinney 8t., Denton, TX 7=1 Tom D,'Shaw, C.P.M. Aest, Purol►aeinp Apsnt Ph6r* E171t 3 6170*4311 WFW Metro 247-0042 The City of Denton is an scowl opportunity employer ~f rl,'7' r rp .,9~ r°6~~ I i ' CITY COUNCIL AGENDA HACK-UP SUMMARY SKEET DATE OF MEETING: October 2, 1984 COUNCIL AGENDA 1T0 N; SUBJWt Purchase Order #66208 CONSOLIDATED TRAFFIC CONTROL SUMMARY: The, City- ,of Denton has, for several years been staP4ardize0 on the traffic sf'gnal Controher manufactured by Teansyt, Inc. and sold 00'ysively by Consolldate,d Traffic Control. They r'4 in very competitively priced, 00 a quality product. our rsan e11 are trained ..oo. thesq Wits; and we stockoat;;gf..the repair pe'Nts. T,ran*yt has offe,r+~d,:a pei}ial pricq;'for tho'Modet lA0 '4 p`hose controller`d i .to ,ft large; overrun in"rodduGtidn and new, ieare sophisticated uOits being placed on the mar KetIn November of 1981, the Model 1800` ^66-troller was bid at 35►200,00. c' :The`pprice'fora short period of time as reflected on this purchase order is $1,478.00 each, This is obviously a considerable savings to the City. ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Account Number 100-002-0012-8303 Maintenance of Traffic Control Systems RECOMMENDATION: We recb mend this purchase be approved by Council and Purchase Order #65208 bi~ issued to Consolidated Traffic Control in the amount of $10, 780.00 for the (10) units, EXHIBITS: Tentative purchase Order 65208 Zns.olidatld raffic Control SUBMITTED BY: Tom D. Shaw, C,P:M, Assistant `P'urchas'ing Agent I, i tl T r Ji a f r4='A +.l is ,l: j' DOO MENT TYM P, 0: N t?J► t FW ti bti>~. 1MbfrM4' s1s 8 D4Ot1 ViJp p,.. TO. C M0,11F.I0ATE0 TRAFFIC CONtOL CITYlCfr 09141TON po at BOX 3401 TRANVORTATION EHOINESM: AftLIWTON• TX ?6010 4 ' MW ACOOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO, UNH AMOUI, 01 too do* 0012 6303 to #;;Oo Tk"VT'.4 PH NEMA CONTRt lq•Td0.00 K. 70TAL'FOrt P•O• 10.780•Uu Tfb dty of Donlon, Texas is tax exempt • House Bill No. 20. Reianie a P.O. Number on all M Shipments AW Invokes. _k Y SMpments are F,O.B. 'dty of Denton, or as indicated. saw Im a l m TO. f?kect AN M"uMla Toy P. 1 Johlti J. city of tarnt¢nAonountr. WYeWe Ma!'?>~ath.,C, M Purc~Mal , , 218 B. McKinney St., DMtt sn, TX idol Tom m Shaa► O.P.M. Asst. putOltiaslnp AQem Phortie f117161d 23 61716 Wil 01M Metro 2014M k, TMe City of Denton Is an,egUW opportunlty employer 4 ' 4 t., G,{: 9FTF .1 t,17 a7 :a+' - v yr syIe 9li,VF Mp i'ri'`~,•' ,p X !j v* r 'r" ~!;'b 3T. s f i u C Y TY COUNC 114 AQl XVA BACK-Up A YET i MERTYNa DATE: October Z, 1986 BUBJNCT Approval of the final roplat of the Bent Oaks Addition GUMNARY: This 16.6 &ors t,,raot loc7*tod on the west side of,Ts*slor 14464` 040 2101) ad)aaent and east of too $outbNopt Plao4 MAItion'is 60041 pl:'014 d dev de elopment '(pD) for office and duple: iop*ent. Tate sole purport: of the replat is to add eledti ''The eaeements that wets omitted from the origir►al plat, ACTION RXQUtBRD: Apprgve the final replan RECON000 ATION: The planning mind i6b'to'Conxission recommends approval of the final replat. Xt,URNATIVIS: Approve the final roplat ATTACFMM: Reduced rsplat DOV glliaon senior Planner ols'as ad t sPf,.t_. ~ ~ t1'J iAL~1s y~Q r, } s•l+_! ~r~ r `w, F , Iv,.I ~~R.:~ 1~i+.°~•: rrti r r'~ tf: e E~'b I ri wove DATA C V C R I, 2 26' 04 333 23 151.03 4D'00,06 6000 %4.25 allow 4 IVIS $6 $413 IIS 6 Wr r i ® 1 r', lt11ay 1 Ir♦ r •pLOCK W 'I. W T r r (l 11 i ...,21h 4 ai $D ; gg II{y~ I. Y979/114 a y II ova J 0(mo'A Ct V'0401216 I >I II 1 I ~ IT I y LOT ! At> 0M 46 0 i S 1041 ~ I _;®i ~I l It~M ' tAlEIIENTt e ;.ml~ou~A, A A 2opA u a COMM ESMT 2*0 fIR$T NATL H S M INC .BANK Cf DALLAS 1019/211 r ~►Si1 Cf, c ki p mc-- ` b Tf ~1~'~/I_~IrI/ 1 ~ A I '}roc otoCK ONIf0SUI lITE % I'~lOOd rfllISST O.IL ClM. Y41HST1 I t [lo 42 ~KE~yE to A* + FINAL *CPLAr ~ I 8£NTOAK$ " •LOM ;ONE 1 tWO i 6 Ituo W" 0 IIN •CALE I" 100' o,. PWLLALICII *A tV A-1006 DEN", ' TEXAS mm Ciy t CwMtr K 66 Torts i wauST 2r, 110114 rn,crlMC Sccic In(- PM SMT. Z0, tt1Ml ~L~,~w3•` . a ~iR '~i dY ~ .'~s 1~ a~:;'frr~ r b i i 9 I• i i f X11 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MELTING DATE: uccuber 2, 1984 5UBJECTi Approval of the rel~minary plat of Lot 1, Block 1, Calvert Addition SU*iARY: This is a trdct of 1,2451 acres of land situated at the southwestern cotoor of the Bell Avenue and Sycatiore Stri#t intetgection, The area is currently zoned light 04ustrial classification Mini-wat466use devoI pment to antici' ated, 'the; rop,gsed 'develq t; will ;otineot to a, pinob rani ary' eewet ar,d,1 itih wtat lies which are in 'place. Th" ax $t`ing ourb cut 'on'Bell Avenue needs to be radesgne'd. Adequa And t te electric, $ae elephone serviices are in place or available for extension, ACTION REQUIRED: Approv3 the preliminary plat ; :ECOMMENUATION: ThprovalnofgthedpYelimin~rymp]:arowirlic he ends following conditions: 14 A maximum of one driveway on Bell Avenue, with a maximum width of 35 feet, shall be permitted: 2. A minimum 25 foot setback off bell Avenue shall be required, 3. A legal opinion concerning additional right- of-way dedication for future planning of Boll Avenue shall. be pursued during the final platting stage, ALTERNATIVE: Approve the preliminary plat ATTACHMENT: Reduced preliminary 'plat av Aon Senior hlannac 08028 imsoomealtmi. good l saw IM.._.._ It{n of tow 4 a . COI+ft of J-11010111 IN r~'1' ONlattt 1, 4.4', MlIt1 0 1MI dMM M a I{link M'rl ± ~ M WI eJ ` td's trl it two %ovel. ANTWI IIMi iltf of IMIr M► ~ _■~~-~'fff+sr,l t~ i Ot ISMII tflN, LIMN Mlle All 01 [pfAll 1lrM Y.i111 I~ rr- r'7 ff )It" to 0.v A5141 1wwo 'N votow 4 1 f 106 OS t~ iJt / /1 1111 /&t% III, OLLII 1.4, IN11 11.1 vou" 1111 f1la VOWM A11 fall 1.1, D44 46A."W o/ YIl 000". aw Yli 0 3F{ y IQW WLCIM11 AS Iulwll v t f,,a11 f 51 W 14 Of INI I LOS ON . mot Wills II6" Wr O 41Nf mill W LOS rMN7t Nl:+f-w•Wr a wu & wMl PR i iNt wl,w.ro -'r { rtllh ' AN%►/ 0/ (NIRf1 I114 1►1a .Ivl1 t0 Tw ItOat. M01M A 4, 0 olowl t:WILt 11 IMAM. { WIN IN 4611- rrr: 1 + 00 Imo n 11'1q.t9 s I. riwttl r wwj W1t,' Ithva WI "IY Aim: ttwfl It 1131 t0 W Iw III{ 1 ' fNtKl NL'lL `I t4,19111 A'. NIM lip I1 /ICO+M Wet YIM I, AIIN'J 1 NI N 041 A 011tlKt .M I N•1'I M/\ f0 AN PIC II ry.t`., I9lNl1 I[iN 1 rNt11 it Nl aYtil WOW 0111 A ot1IAM! 1 2462 A RE5 n.Nl rlYt r.1 {r pW N V101 fMyplt a A~ r, { ♦ Q "+'X2'41- IIN111f1 00 0{.11l! I! C01'Itl 11 A tAAt eatl A OILTWO It III •i R ' •`R0061 Itlt Iu AN IY{ r1I 0 trl Wtn W*11-0.041 Of. ItCAMINO 00 0 Ik 2Is III fNllt/ sv 10 tr tlunlr ,I rlrNlit 114ftmOL WT Athrum lW :.lni WI COIItAINIM L:. N! / ~6 S AL 1.1 1/ A 101.0 1111 10 rNr N:r: IF 214 48, UI UINU, Kill MUIVIE I!NY IIUCt PAN 11 •1111 rltttlMli NAt1 II +,l, -'Al lll.t.. PP All$" 480X\ 71111 fLAT, 141100lk . NIAIIN t[URM4 /Wtth" V . ILO" 1•' a1 108 UL'' t 4rtjA 4( A ('.ON£0eL0OR £I£Y ADb 111ua 10 1IN$ 1 cin v t1rhM. is w M OYor Nl Li I 46W lltl NI IVN Vk{ Nt tttl ftseNll lALadan &aI►a KNn• C / ~ i rO Nf 'CONSIRUG1ruN 1 62-+' iW fl I_ nN.1. t4LY 111 ._L. !Tait ~If l14t LA O N St'O to w. ` ,S J +1 L0+` cat" " wo" As wom A* 04 w1 hi NMY rt,«M Mlle ill A M Iw 11,100 +o .11410 0111111+ tat IIIIn N NO Y.A. "NOT. /Kr OIM ' Il s 04 list & itims" IASOO NK No 10 to U MVol lE0 LI 10 1+N 1Y§mm 11% /S to ploso MIN C{'fIt WY[trt Yrr3N ~11NNlOM1 YN IN I;ANtItt filatill {11• 01 qa 0"6 on aaaa me SW. M JNI'lq lNII 0--- i ~ j N3ian'idiiic It♦ AIM'ioi'nriw'<inidt~ i ANYItOa'l ~wt1►1u1n ' tflMl 7231 ru fl tM/1 Mt1MrT1: tYli h gal III IYMMttI Yttalrr MOrti)lM Slane 1 Ilrll t11IIIt f1Mt' Y. Moftm= 1111{ out. INN u &V, A&IM11 NH11 40 Met U,MI PIM two Ilan fill "*1 1'I9 Ilal twoA I"" " /{gall" mmmt tr IN roO U" 011+ Oaa1TIN11t11Of to EIh wTawer. 1 2062 ACRES rt tN£ ua7"y,-+iliilftl LralilfM7 v ON C111 G GOVNTYOf PINtON,YV LO[ Id1 GOMMCRG'll VSE ' r, ahCR w A C4LYE At 304E $1'4A10CRE DENt011, fN 14201 "T Jw 1 SQALL IN A 1W 11<C M 1 lp~ `SaE aN1, 120' 4 0 a L'0I It MOCK I1 CALVEI~T 2WblTlbti "Vmt~ r't (1 polwIteM a i11~w~wRs} N, S~ l♦}I it Et. •:..>u_'~>i0.:.4ts .d~., .r- i ,2uL,?.:n .w..~it' :1`I1'Y1; !.Y''El+..~ 1ti n nIM LFI f~4.~♦ '1M5k1 l i.I fr 'yo ...9111. I.Y. at,t t "It~i .5 1b, S.to 111.:P1'~~IiZl34yt~;l:uY ~1. _wL.Ld.J.alW~s.L 'V{T ..ai^ i ~T ? '.T ^IP r Fns t ~1.1 ~ v lrt t ?el - I rR V till t1 e u .,I 1 l CT 'N4 oti i CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: October 21 1984 3d8.7ECT: Appproval of the preliminary replay of Dot 2A, Hlock 200 College Addition SUMMARY: This is a 0.I664 wore parcel located. adjacent and west of Welch Street between Eagle Dribo and Maple Street. The property is coned multi-family.(Kr-2) and duplex or four-plex development is anticipated., A lot width variance must be granted by the Board of Adjustment or Planning and Zoning commission. Sixty feet (601) of lot width is required and a fiftywthree foot (534) wido lot is proposed. The building inspector has deter- mined that parking requirements, setbacks, and all other development standards can be 'met, and that a 53' wide lot would not be,incompatible with existing land uses in this older area (minimum 50' lot width was the requirement prior to 1959). ACTION REQUIRED: Approval or denial of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat. ALTERNATIVE: Approval or denial of the preliminary plat ATTACHMENT: Reduced plat Q sh n , av eon Senior'' PlAnnei k `A oa14g_ . 1 lot r Y r ! ~ ~ ~YI ~ {4 404/4 1 4r1Y, its I~rrliTi~'►""AL 1 . Mill 1~1T 111 . a /Af~ tAt Ly►1I~o1ri:J11 61 11"4,1 NAnLNM1 6i61fi1W M fM ~t><i liM 61.16100 rtit91~1r tN 9166 4961 1 f (^l latest too" / 1t6YAw" N 1A,14 "of Y • 011"N N6Y M4x:1~t Also I v 6640061 so? & 0141atoa N M III 11 6 rN'n111 1 N 1111/"111 It awg6 rY17 A at" *it "lioct10M1 c"""N mwo ~ 1I 1411 1 •M M N N 01 N4eiilltoir OMY/ inai ~±i1iN 1196. 'to 1 "1++6400 tat /illt11N NOi W.I 1y. 101 t.A. i 01 LA6M t! r !10' (•6 i II sW twatoal total moo 61 "Oil P SOMI 1A t1Af 00 st NI N"4t ts"814 Lot 4446" AN J49196 at feet o►, __Lr 01101" to 6101 4011 "so otl`AT. sagisMls6 -"a' "";I • 60091;11111 IOZ►L►fr Al Ht 841 tL00f 11, r tomb 96000 •oltte ,'1 900.11 {'l~ • I HN, Ao o a:a 11061" . n16 1 t1 MI it" 6 tl N 1tiMnwm Gw 1111 111001 f,~l Itl 6LIC 461 IO/t~ttl ftt 9ftNf1 Y► oUgltr +411191 1600". eee"e"t AM "A ' \ Ntw CIANI„1Hpn16611S 00• LOT 2, RUA LIN W6161 914.• WHIM Elf"7it+t'~ 41444u.:. j01136 0, *Gas" 1. see rl; I or. Or f/112 I \ I1Ai1 Or 1100011 71 1. COrMt1 01 •I01IOM IN II04641L 00, too t6aawsk~ w1 1§ Orr Itll MI• µ~"►R~*1 0 su" W "to !41 1i/~NtA4Yi : "talc ILIA 66.44 .ynYl I `.r ; It►+tLl Yt ooliaia 46 ! "16 rr o611a me W ,.yM~~04 Y I • 2 r r1a66s0 amN "616 A1: L6N4st006 bommos 1 too""W0 Zi M K rILLI0Y7,N Y,M 406 A"SWLS"00 M " "At wn 1" &am so "A to Rpool Aso 0"ISM01006 1644131 "16611006, 4Y t1 to e4PAt001 10 t _ lot111o 1141160 ! A 01180 40000 ro 6A06 As$ •1AL of allies Mto -sit of r ~ 1 r , 1..I. I 1 oU1Li ! "DillOM IO nttea'6 to+ltriCA11 GI a. P *W OR, L104 ""tit 000 go "tog ta"40161 r' 4 StA1, 11 Wl 00 Y4MMItt1 t``wllHwo 16M661"w"6. "K1t1M, me YI •1 401161 44611"' 14At't to 696 fait $Lot "M • ArrtALAM.. i ICOOAr+ "AVIV 00 tit LAM A" "at 1fa'too Ia"ns a61111M 999164 MA► Moss 1,6669 r"U 111 N6N1AL 60f00stol6 to 4000aotWlQt rlf4 la+ 46619* to 60 "it 0'4" as 0000", 111 I~ 016114 ACHE ly tHi - CItY a, COukyy0la11M0k,1k. I L01' AM IUA11f&MILY. UfC U ALE owkMi JACK Ot0R6t rs 403 EAGLE 00 , l~ a d Aa iY Af a ld wilm Tx 76,201 1 PIELAMAW 01 AT' sot's",►d A '•'R1p 49C',2A,40Cit20:'ODLirE¢L 1. » coNSiM ~1,e E !~lCMIl4lK i SURVEY AEi'!N 0 IS dT E, , ~OUN1'Y•, Of Dftlft."'1644, ly"I kill, sf i Afd~IkiL'I«LEP.tn~ , " <afi~ALl i-".1. A _y ,..r~+T iT'fnI i.A 1 ii, ^r", +a+ 777 CITY COUNCIL A0WA BA► x.Up dUMMAkX SHUT MUTING DATEt October 2, 1964 SUBJECTI Approval of the pr(iliminary plat of North Texas Industrial Park, Phase Ii SUMMARY. This is a 25.0 acre parcel located adiacent'and west of Woodrow Lane and north Pf Shay Oaks Drive, The pro arty is zoned light industrial. (LI) and ten (1~) individual lots are being platted. Major public improvements toquired include p rimeter street paving for an'.approximately 900 foot section of Woodrow Lane and an exten- lion of'Morae Stest (approximately 1, 300, feet). Morse and Woodrow are secondary major arterials. A bridge ,is'aleo required at tho east end of proposd Moue Street. The Planning and Zoning Commission 4nd City `Council have the authority to require construction of the bridge at the time of development or accept an escrow payment or performance bond arrangement, The owner has requested that a 10 year performance 60pd be acceppted at this time because no development is planned east of the bridge, site. The Public Works Department and the'Developutant Review Committee recomWended construction of the bridge at the time..of development when the Planning and "Zoning Commission considered this item at its meeting of September 260 198.4. The Planning and Zoning Commission considered the owner represen- tative's,request f-or acceptance of a ten (1U) year performance bond, but the Comrilssion has recommended construction of L:he bridge at the time of'Aevelopment. The ownEr's representative has, requested that, he be allowed to address the bridge issue when the City Council considers the preliminary plat. Minimum 81' wager and 8" sewrer"are proposed across the frontage of interior lots aod;a 10 sewer line is proposed for extension along the east boundary; that would tie into the Pecan Creek 10" interceptor. A 20" watermain exists along the Woodrow ;bane frontage, Substantial dioifilw •0sptpw li:4t0 t+~quivod, including a bra"dge 'a't ih,o east bbUddAry d .p#opoaed Moue ; 5t`reet. Ado4uate.alectxtr, gas, and telephone services are,:in place or, available for extension. r t , n .'~+c ~u=r• n i~ nd:i } i, 1 , G.1 ;11 4 4.~,n~ Gaunoil ~~~kup , 0~„ h 'C9xae IndiJoticial park ph'Aee II October 2, 1984 ACTIUN REQUIREUt Approve the preliminary plat with oc without recommended condition RECOMMENUATIM 'rho Planning and 'Lening Commission recommends approval of the preliminary plat with the condi- tion that the bridge required at the end of propos,ad Mcrae Street: extension be constructed when development occurs. ALTERNATIVEt Approve the preliminary plat ATTACHMENT; Reduced plat aV ion Senior planner 0265,E I,Ji - ,i t ~f{4:1 f f l ,;1 ..Sr torn r~tf Bi r`td , i e P!6a "r 17 1}tY {"i i~s~r, } v w .rJ.' -4u y' }}:+1k4 C ry N a4~ rar ,r, r Ut+^(NU i1 lo+r'f fl°4 1 k r e U i~+~~1 44r + I M ,,-bN r1n(r ~ur gWnMM gqt 4110A lqr I N,W°MYM tw~l a0 •~A 1 4~ Ir. 111 / I 44 • lr y l~ ~l I. V.' '1~`+.."^.. \.n f\(\1 0~+ 4N4rrdl !Oil E btotk off.. , IsHv, low i Adm. A from low" MOAS! ~meEr ; ,r a °w to r I + ly"• "w"thm two s UTURf. ^CvF.40V0.)E/.1T ~ } a~acx'~ ~ rwe~ ~ ' I • Y♦Mt 1MMlItIl u1L tOM' ~ ' 1014 r 11 u1 Item d ~ 6 M p 11 (~c'r PIELG$, EDWARDS ASS ATE$INC / Me Itlef •IPHt sent ...f♦°. "I" M" uM Ow,sit I6111 s".1tl1 rtu ..011 0I MtN 4"•161 FUTURE wvct or /Gf,VEL0PME N T ort°w,s Wit r~. sa U°M1 rYMA}`rll to" MM[LHAMIA" 04AT ' NORTH TEXAS 111OuSTRIAt FMRK 00 U$ A A-4 u tfto*wv 4k- "0 ' CITY OF bEN'OW# AEfN~4N1aU~tTV~ Mt L by JI.1 + Gbh1 Lr Ndt ' Vfrl M' '~~ri)r~ YI'~ I in~':•1 ,~(:i rr, ~ ~f:" P it },ri ~~J: a' h~k~ ~ rd r ~ r'tii.F In +{i t: 4L~..5 ~'i't ~~4'. ~•Lr~~r fy.." ~ r' CITY COUNCIL AMDA BACK,-UP SUVMARY SHEET MEETING DATE: October 2, 1984 SUBJECT: Approval of the preliminary plat of Lots 1 and 20 Block to Rayner Subdivision SUMMt1RYi This tract comprises 5.2364 acres situated adjacent and'eaAt of Inman Street, and adjacent and north of the I-35B service roads The area is xoned`'commorciai (4) and mini-warehouse devilopmint is antioipated, Inman is an'unim- roved perimeter street. Access from I-35E will limite•i. A major'pioblem is insufficient q;,s u ity of existin water faoilities4 the c ;i~Vision regulatlo' ns require a 1500 gallon q' "winute water b'utput for adequate fire J, ~,tecti6n'~ for meOum intensity com,eroiai land ~il4es. At 1this point, it is felt that this st'andaird requirement cannot be met by existing filaili,ties. An 8 inch water `line would have to b installed t:r pro;vide the required flow,. T;'ere is need for alternative sewer facilities VA the form of a septic tank to be installed in riooordanae with Article lilt 4.10 of the Denton Subdivision and Land Development Regulations. 'Adequate electric, gas and tel"'oplone facilities are in place. Provisions for i4provements for Inman Street must be made during the final platting stage# ACTION 'REQUIREDt 1. Approve preliminary plat with or without conditions 2: Deny preliminary plat RECOMMENDATION: ".'he Planning and ZoningCommissi'on recommends a>)proval with the fi~llowing conditions: 1. A septic, tank peinit which will accomoaate mini-warehouse use only must be approved by the 0iredtor of, iTtil~ties before a final plat is 'approved. One driveway 16cated between lots 1 and 2 and centered along the common property line shall he'p:+rmitted on the 1-35 service road. ALTERNATIVES: 1. Approve preliminary plat'wi.i•.h or without conditions 2. t4h ptoll P SI ATTACHMENT: Reduced preliminary play 0801' David E '~.400,n,l Sen,.a ~pl~ner, -i1 >d. e Ott i} if! a1 p r L;~+ t .ro frti.., .tt<~x t\"1 kw~iFr`1,{N3~E.1h_Il....~ailEltf~i.d 1 o:. tt q+ 'S Old of o1q: I At. a» w I , -rr+.. f YIN R{R I 0 I ti \ I; 4 , t x I L T' Oar 2 M 59 Acr 1 2.376 Aarns R Oft »I wRRt St sod 14 44 00 1' • to oMltll,tor /Oust tw o►LLRt I* d otN T014 Ix ?4101 iC RLt.. tom' 00.r, • t: , I` via Ty p~ AMMKTT M':NA111t , i f'~~~'~~~ ~i ~ ~ 1~ lSl , 1 1!~j: AS e 4; ~ i' '1>~ ,I,~G { T.~1~Va 1 7 i~ f < urn si ,t f ~ ~ r. ~ ~ `Y ~.1J p~Y~ ) u, ~ 9 •'a ~f. 3$6s.~~f~~i~l- ~Nl y~1).~T ~iA ~~i Flit 703 CITY COUNCX)~ AftWDA BACKUP SUMIMRX 6T MEETING DATZo October 2► 1984 SU9JECTs Appproval of the final replat of Solar Wry Addition► Sections I and I2 SUMMARYs The above referenced final, replat is e.6n4istent' with action previously 4isc4osod during the change of coning process and oonsidettation of lots 29 and 30 of the Solar Way Addition. All lots as shown on the final V-tpl:4t reflect cur- rent land'use and lot sire condit'ionse The sole intent of the replat is to officially record and dnoumOnt the area as it currently existse The I Planning 'akid zoning Commission approved a waiver of standard subdivision improvisaants'and tech- nidal requirements at a previous sooting, The owner of lot '34 spoke in opposition too, the replat at the planning."and Zoning Commissign meeting citing the configuration and flood 'plain concerns with lots 2A and 2Ee One of the plait- ning and zoning conudissi'oners also 046'~eated to lots. 2A and 2B being replatted'froA one lot originally to two hots as shown on the replat. ACTION REQUIRED: Approval or denial of the final replat RECOMMENDATIONt All owners of lots in the preceding subdivision were notified in compliance,wtth state statutes and local requirements gover►i'it g the rapist of lots zoned or 'deed restr,i'cted for two family or single family use. Official reply farms re aeived in opposition (total of 2 oppposed ahd 5 in favor received out of 14 mailed) does not amount to 20% in opposition.. The 'Planning 'and Zoning Coo-aission recommends approval of the final replat by a vote of 5 - 2. AhTERNATIVEs Approval or denial of the final repl'at ATTACHMEki Reduced replat D&V son senior Plainer. ! i 04300 f r1 ew ~rn v^ ~.;yp -y(• N`7 i h ! } ff to IM1W it ~ t 1~ ) ' S J r I 1~ I 6.0'4Aa ~I 4411'1,/1/ W111 A"*" 1 4 R. o••ho•, M aT,l al 1 + ' 1 W tn. SOW. M Z A t 1.0000 ' ' N /~1 t • S u ? i eaa«vwlU.: Tn•N••I,f•• b 4a46m,M 040000,00 M J ►M,on tvoo",1•t ~`"a? NJ\ EA 7 S 4 3A y" Mg\I OOIIAG 1086Ac, elf At 1 x R5$ Ac A 303 as I. SG! a i `11 PC N SE T10N 441 AL yC~A 7 , I "9[ff~e Y. N 1.1, 3 e ~ ! I~ B J J. , JJA¢ r 653AC '+0• i +I 5p,•.f~~`s• 1'4104' • ~y!_N6'g11U_w✓ d '2p 1Y70 ~ I~~- L uf,. 't R'' AA9 21 IW MI W Z4 It 9. IA' A N O .M1tt !00+!00, hl d"' 5.0 y, f p An, N 145 AC. ••MI••,M . N Y h f1ti JfaNr,/M O 6LMMIyr• P, A 4 .onalen ! fl fA^+NM M. 7t 1 ft" ft a 1 ti 86 10 it 12 13 IaA 1 049 Ac. 3636Ac. 1226A4 10161 AC. 90?Ac 703Ac 6 W r u ~ 1 rd, 11, Sit: gee M ~.14f55 ~+5~~ N. ~ ~ • I yj1J 14 663 At. C BO';2d' 41 ~ti Tn^S+1ti~fN 1 N 42'62' 'N o-' Ttilt ?S T6 y4*WE` S 14232 1.048AC. ~W 15 ty 16 F W0 ah, ~s21aC _ T I I {{t1• I FM 19 *n •St N1, F• stt«, F« 1041 " .'.C4 MAP Z 1 ':100 0 w Jim ~ 44l~'Si'Se 11. 41~woM, IN. ~ '1 s t4 p r ,,I r e totn',~s'A3'Il?VJ. r ` t3T.ta t f s u r II , " I "I , , 1 1 1 / 6*04 ~404 r ~SOL A R w,A,y ab0`iTION,'~1 Nam r' 1'",;~ Sad 1Dq ctipn 0~~ 1~ 4b4e 1 a w,l S~ctEon ti , t l~S 14 ' }y (1~4 '^11, Ih~~lrr ~Jf ~V ,i ~~11 f Y~y ~ 1~'''11 ~rl li 1o rYt~l . 71 DfN~"x'QAl, TtX" MUNICIPAL SUILD(NG ! DE'NT'ON, TEXAS 76201 ~ TELEPHONE (817) $66.8200 M E M O R A N D U M DATE OF MEETING October 2, 1984 CISPY COUNCIL AGENDA IT1;Ms Approve T" Refund SUMIMARY s Chapter 31, Section 31.11 of the Texas Property Tax Code requires t1A appic,val of the governing body of the taxing unit for refunds in excess of $504,00, Taxpayer, Edith S. Tucker, has requested a refund in the amount of $641.10 for years 1915 through 1983.for erroneous payment of a duplicated tax account. F18CAL SUMMARYt Financial Impact, $641.10 to be refunded, ACTION RI,QUIREDi Apprival. of City Council ALTERNATIVES: If approved, the refund will be issued. STAFF RECOMNOATION s Talk Assessor/Collector recorgends'that refund be issued. EXHIg2TS: Attached % y v w'~ -e^ ;;n-+ e,~+' errr yr , t ' A +~n T*'Fm" _ rvro TT' T'- i 15VP(` PIP di 01"3$ x ISM Nun pay to 9641.10 nt Edith B. Tucker FTMANCL/TAX part~eot 13532 erasmer September 14, 1144 Dote Dallas, Texas 75234 Tax Account: 3761-00800 IOVA e Invoice da r ow! tion Account No Net nv, unt t Refund due to duplicate accounts for 160-6004 $477.92 same tract of land 100-6002 163.18 $641.10 i4 MAL ' The above has been reviewed and recoaoendation for psyywent is side by the undersigned. cowtint Approval lirnatura City Manager Approval Director of Tiaanea Approval j t y ' F , ; , ,r vRt`.?$9?T 1.7wt' y .ampr" ~r~.t' '.'~T.vl.?9P' >nS•.'iym.Y/Rla': t\'.'~1'.~.llt.~"YY ll'~' ~i 1 • r hxt>~tdd App~lwi~on'~1.12 !Zlat~' 1, _ • . APKICATION FOR TAX RVUWC Callectin9 office Naak , Co i l ecti n4 Tax for: city of tae Tax hem a i ng t 1114 lost M0MV4""6q# to. a , s~ city* state Zt p Cody 1 In order to 40'91y fors a tax refund, the following i nforwtfon must be provided by the taxpartr. IDENTIFICATION OF PROPERTY OWNER:.. Namer- Edith e. Tucker llrlr~■rrgrr ilrrr~ll■■rl rl■Ilrlrlrrr■Yr r■Illr■IIrYYYrrYYYlI Ir IrY■■11 Y■Yr rYYrIYY Address: 1353 r gmer T g 752a4 r Tel ephone er accizional t orate ion s ne IOE MT (CATION V PROPERTY: OeSeription bf Proporty: Tract 36, 4.SMAftes, Malkei survey, 01330 r* S a oaa 1 n or roperty: Account (Number of Property 1. 3761-00800 or ax cep u er: ONFOMATION ON PAYMENTOF TAXES: ~!ttaaAe-of ~ Taxi nq Uni t~ Year for Amount of Tax From Which Refund uhfch Refund Date of the Amount. of Tax Refund Is Requested is•Reguested Tax Payment Taxes ~Paid _ Requested 1. City of Denton j975 -'83 1119 S 641.10 S 641.10 34 19 19~ S ~ S Taxpayer's reason for refund (attach supporting documwitation) : Refund due to duplicate accounts on same'propertx rr++rr+r +rr II.~ r nYr r r Ir r Y~/r'M.Yr~.rYY Y rrrrrl ■..r..r Irrwr. .rYY~rr.rlr - - ' ....~:..r■■,~~ r 1 "I haitby apply for the refund of 'the above defcribed taxes and certify that the inform:Cion i have given on this form is truo and corrsct." See Attached Set er 14 1214 S1 gna e rA a pp t ca ton or ax Re fund rrrllrr~~•Ir.lr.~■Irrrr~~rrrrrr rrrr«r+rrlrrra.rr~rrrr rrrrrrrrrrrrr+~r.r.rrr-IOYrrrrr.rrrr 0MRMI NATIONf FOR TAX REFUNO: Approval Disapproval gna ture o u:Mr*1 zed M car to tgr►ature or resactng rrtcer~s ar laxzng ace Unit(s) 'for refund applications over SSCO i. ~r 1T r.y » n Jw1 ^•♦v ~~1 • 5 1,! •r 1 . r.\ ~ ,n' ! i • /t L ~ , •q~r\d ` ,~,J r A '~.S' ~,iµ~ , ~ A ~;•~ti'rl! f, 1 r ~ S.,rA +[f ( ~r O• 1LY ..r~M. .N {~'':.y ~J f\ ` t M } ?:l ~t iYAllpf . r•.iwY'•.{. !;1( 'r',t~~t ~,t 7 ' 1t' i t 41 IN r. r ;i r rvt + ;f.:.L.L~~.. *a S' f 1.1.5 •j 'f ,ci Y1 t , ASS r1 fi~` ~ "rl1~v r d A f. Y:, ~ t ~ ref / 1 r~ i ~r~yI"- 1 i f , . t 'j4,Z'Y x , 1 rt't^ F' 2 .ti yri ♦1„ Y"„.1 fs 1`T..t' P,.iL RLi 41 '$r. .ti^A~~•Yk ji 1~{t'v y^~1.~, aN ~ y.,~•~ » ' rs~.., r• r t , S+ c c.l 1 h'~yt jR.w `+j `r► ~4J ~,3~~n Rm C' t yAv ~f'♦ -LEGAL r ~ .,t} V~~71~.y,'Y t 1 + ~ i i..: 1. ~,~y< tw n /y. ' ,,-,,,A.; ,~}y1 i ` C r 1 ~ (n 111N a': l 1 • i ♦w ~ a '♦J»~ ~TNf~ } ~t"',>~"k,{axy 1~ Yv;' ~ ' Lr r 1w T 11 l♦. ,h r r~/~yA.P~u*i' f~l2lf A 1~ N I i ; rJY «V ~6( ' f y~' 1 si ' ' ~•,f. r~P ir ~ • 'r r.1',.-,. ♦ y 5 ~a i i,t•1 lryy ♦ 4 11F y.N : t~S t ♦ , _1I 1 tF~ya 7 y, rt~,Z/ Vl l ~ r :..rv' 1 y i 1 ~ ~ { rr1 1 7, 4k'♦ Koji 1•' ,•r~t ' 1 t ~s ~kr f.,.' f f , f v 1Aa. Frl T YSAVtL r r • » P~l '.T ~}N. i4 rr ~>.~t{ y' r A ry-YW i - Y~. : :.i f L r ..a. ~,•r•.' 1 a ~ }>`r t • ~~.S,b~r .l- n f. r G~L~ , t t 1 y~-~(( r r ~~i~r w i !qF hs I4•, r 'RA7w~ 1 ♦.r~i~ 1\. t~ 1 ~ 4 I w l.. t 7 9' ~4i f jt.+•,;i1 *~`....r T r "f' ( '{i..1 ~t .~i may fl..t 1 ~Z ~ r, ~,f,~)a S. ♦ ; ' A ~ ' SL ti~{'44 : , r ; i i t1 ~ i a .r t r+♦I~~ r`~('~ 1r\1`~a~7 j. ~~y./ vy:.a: ,T .'.r...1 ;Sii~t 4~ y', r 4 Hr ~Y•~ju L V r + . ~N • 1, ♦!~f~ ~ C}' . A yM ~ *.y ty~•'!p rrt. > t 7» a , ?t wY: ":rt+xtay„„ , 1 3, i~ r'• ~.r..i~~ ta'r's y'' iF+'{u~•~.. •!',~tt~y S t s r J ~ r ~i / r Y .i..Y t''.'\ ' ' ~~:f1•.i'M..~. ' :2 •?yr/.1 7 it , r;+y rf w~ ,.i♦l'M~ ^tit { i:; .L \ ♦a li'= tt7 J~I..a' r, ,T Z » it y 1 F v~lc S 1 11u~w n/ ~ ~'tyf v 1 y AfY~ ! rrR'~T.ZL Yl r v ' .'A.~ d~~L,i 3 ].~-~.~4'va.~'r S!r. \ frh r+A.y C fi ~~+~Y a' e^ ~ 1 'lT tz ;r.., i ay Lea; t 1. py.Y .S,L ,7:* few'' ,»~..A ~a x,r. c, .•.f ,r la'o •L%3'\}.,.x t1; ir. (M A x tw.f ~ "'3 ,A y f ~.1 r' l.e= , W~ i; • i ^Y ~ fr ~ ~,t [ iii ~.tr r I' r~! r M\~ r r y4 '..t+ s+r" r , ,r ti a r : t ~y;'Y r.iaj{L"t•}r t Ai••+}4~: !r• u r ,.Y- r. ♦ f .~J ,f.i=~f .S":~~'~ • . /'i ~ ~ t ti. bM.= Sardr4,t ~'t~{ii. ~ • r ~ r•:~♦I;i Ti"; , = f r,y' ' t » ,y, ,f ~ ''AID J+ lY • i '~/kl'~'1 .t r. N'1'. t + 1 rr* MOW& • ! j Y 1 r , 4 ~~.h• i ' , s 213 '3A T 1fro rzszz A. ~s.Clt a:~f ',psi j k~o' a' "Moor ftooiev.40. 630 • ,.D&Unquen:. TaxAiscords.,.thox• that. .you. owe. the fallowing' :mounts for-ttt+ airs indicated, oa , the f ollowia8 described, property: G. Walker Survey #1330 Tract 36 2.590, ac ute.est =d penalties in this statement are calculated to:.• j, .y 31,1984 1 1 tr i~COUNT NO. YEAR PENALTY OF TAX b PENALTY DUF Oi 63761•►00e00 1982 S79. ' Z5 19'02 98.27 1961 60:1: 21.64 81:75' 190 60.11 23:14' 83.25 1979 57. 78 2S:71 93.49,' 1978: 57.78 25.18 96.% 1977 $7.78 3.2.65. 90.43 1976 9.25 5.78 15.04 1075 8.84 6.06 14.90 IQ83 87'0 S554.01 ~,,?l'••Z $201 ' OF y P ~AN.98 x day ~ • ~ . . IS STATE 1- IS FOR -CITY 'TAMPA OILY, AND DOES NOT Y,fC='S TAxEs, DUB, TIE MW IPEPMMWT SCEML DI TRI CT ''I. ;C 1,4 5 PAYABLE' TO: ~~I?Y OF DENTON 14 DENTON, TEXAS 76201 W . ••w~wi,ll lY~w.~.~.~~w:..~.~ww,.~~.+.~ki„M ~wMrw .lelCC.N`M•.r•~..NM w.~orrw. • ~.i ♦.r «'.i AAhip TAX SWIIENT ►,l ,tY A 11 Arl/f O AILt rat i 413344 G. WAL,Ka • TRACT 34s AC Y I ' i Isi's .I is.flaa ft 7. a . too .0 4 06 3 3x909 oaNyam couNrY Tait' rcK ca I 620 fq 1IQRTN Ot?N 1CN 1'X 76201 Y* A TA%tS Apt ow otTow c(t), e/ Ptatir Tii OrMrr.w~r TAX STATEMENT it' , ONARY IHcam s . $44tLNO $4 ~ r. ai $101 00 "NALTY AND INT~q } iSTDETAILS. • MkNt)w*A* ri COtI! , i ~ r AID, . i r N P44 i - I', -a > P4 vy • ; °zWP'~°'~ ' PLA NtM4'A,N6 ~;ON~Nf~'~COMM~IS$IbN RECOM ENDAYION TO'THE CITY 0WIL To: Denton City Council Case No.: Z-1687 Meeting Data,. October 2, 1984 GENERAL INFORMATION Applicant: Harvey A. Thompson 2011 Br6Mn St,, Denton, TX 76201 Requested Action: Changge in zoning from the single family (SF-10) t6 the planned, development (pD) classification purpose: To develop the following land uses: 1. 144 acres of neighborhood service lend use 2. 2.8 acres of zero lot line land use 3. b64 acres of condo-cluster housing (maximum density of 12 units per acre) 4. 6 *6 acres of office warehouse land use 6, 2 acres proposed park location and 'Size: An approximately 180 acre tract located `at the northeast'corner 'of U.S. Highway 380 and 01d North Road Existing Land Use: vacant Surrounding Land Use and Zoning: North - Single family, Vacant; SF-10 South - Commercial, vacant; C, A East Vacant; SF-10 West • Apartments, vacant; MF-1 Denton Development Guide: Area is designated as low intensity. ry q~,14qits r' n i j. `TT r : d ~p pl' F F `.Trt 4; !'+t d Pageeiwoz-168Y) SPECIAL INFORMATION Drainage: Draine a is not a major concern at this site and 'as always it can be handled during the platting phase of developeent. Utilities: A 10" water line and a 12" sewer line are available to this property, Electric service is available and thould be underground service. Gas, pphone, and cable TY, services will be provided as development occurs. Transportation: Th t.3i.tr' has, frontaye,on U44 Nigh- w y( 38q Ip''o major arterial i 0 110 Road c ri~Ary *a or aOtt rial1. and q.1d Oarti~ Road (co Tector). Trawnsportation engineering h;es recom- iRen%e that. access be, p.rovi~ded from i internal' streets Mather than Old North Road or U-.S. Highway 380. ANALYSIS This.si,te is located Yn a low intensity area. According to the Union Developppent Guide, low intensity areas represent the efty's pripo housing areas and'should emphdsixe residential u;e. Approxlmatoly;one half, of the proposed development is reserved for residential use. Low,iii`te»sity areas should cor- respond, to ancwerell ;Igfots density;, o.,f 4.7 units per acre. The in ensity.of+'the pro' o3ed devilop~fent is`+.8 units per acre which is;sllghtly over the standtrd`for the entire area; how", ever, this area is not over the stAndard based on existing land , use or existing toning, I, . The Denton Development Guide also encourages a diversity of 6641 1 no types;:in all sectors of'the city, The pr6p6sed'ter.o lot line and condo-cluiter areas would `serve to diversify housing types in this;section of the city. The zero lot line and park sections of the proposed d0t1 opment are buffers between the' existing single %m ly W ID) section to the north and the higher intensity office/retoll uses of this proposal. The pro- posed park site will also serve to buffer the residential uses in this-yropotal from the muttl-family units to the west of Old North Road. 77W777vF~,`"'.; Page Three ANALYSIS (Continued) Now Deve opme'nt Guide policy issue #78 recommends that concentrations of office/retail 1404 use in low Intensity areas be limited to four (4) acres, The proposed development contains 7.9 acres of office/retail land use, approximately twice the area recommended in policy issue 07B. RECOMMENDATION This proposal was submitted for consideration before staff was instructed to use the proposed revisions of the Denton Devel- opAeot 49ide4 to this cesOc the policy, in question..Is policy issue 0 4 1lmiting concotrations of office/retail land-use in 1 w ,intensity areas to tour (4) 4c,res. After careful considers- t on of this Issue, &1~+o 4-06 issue' of inCreaeed trofficl~t the i.nterseo;tion 'ofOld North ppa4d .arid 81yhwIty 1140, the .016.1a and Yonino Coriimi,:4'1on rocomoo"Il4, denial oi~ x-1.687 by a Vote of 04 If the City Council 's inclined to grant this request, the following conditions should be appllads 11 Specific site, plan appproval, is re.gvirod for the office/ warehouse; Con'da/cluster, and'neigh,b r`hood service sections` of the 011anned develo'pieent. 2. Access to the condo/cluster and office/warehouse sections shall be from internal streets only, 34 Parking lot lights in the office/warehouse and neighborhood service sections shell be positioned awey from existing and proposed residential housing to the north. ALTERNATIVES 16 Ap'pro've petition without conditions 2. Approve petition with conditions 3. deny petition ATTACHMENTS 1. Aer.,Ial 2. Planned development concept plan 3, Reply form totals, 4. Property owner list 5. Minutes o' the Planning and Zoning Commission meeting of August 22,19$4 07b5a Vir, n' L 1, + } *e •'M P' J~e..:.v ~ . ~ i ~ ,i~ a r • ~ ` .fig a ',.r►t ~ ♦ t,.. r ''f f~~} ~Y Aa it r P~x L {r . / M, F. 1 C 10 I, M r. • I x i R Ot L~NE~ Le , PAo a 0 h1, F. I J 5 F 10 CON00•%I) T C A .NOUSINO Nil 0P ~ OFFICE/LWAREHOUSE A At OCNCRAL. RETAIL ~JrUr M ~fR9Jry X00 fY COMMERCIAL CObIMtRCIAL µ*ti 1~ f IMMYA~t VMN Ow DRYV PLAT" "Y ~ 1J l CALLED 16 14 Aare! SCALY 3' 00' 4 CARTCR SURVEY A•Z115 JUNE 21, NM A IS LONGSOTTOM. SURVEY A,115 Gi'v al COUNTY of OtNr N, rCXAS i. u w 7, ~r 777 7Y IFIV, 'r F at 1 1 noplaTY 4W1 'fit "1t LY f4 CITY COttl M IN FAVOR IN OPPOSITION UNDECIDED None Received None Received t~, 4. err Yr 'G4'.'„7Rr a777711111 ~ r.. it 6 jou Au r ; 4 , ~i' s 7< f , ML, 6 r ` } c' 7 i; i emu.. ~ 7 7 '17 7`7 i 7+ _ loo Z b oo 76 5 Ail, qi6 mom 1/ 7A.L 10 04 i~ 5 Ito AW 1A A., OTT VI 1 1 MOM ~a E r LOJ;lt L 74 ;j .471 rf PVWW e f V r r n8 Y, It I Lq r t IH d' r .,'j.p"R(" •.rr a! 771 Pf' 3 1 Minutes A"4st 22r 1984 Page Chair declared public hearing closed. Mr. Sidor stated `there seems to be some confusion with regard to the Denton Development Quid** The petition was in the mill before the changes to policies were being drafted. Mr. Curen stated he has a problem with 6,044 square foot lots. He stated he doesn't want to loosen up our standards. Mr. Sidor stated in a planned development,,theyy can request any lot any size they want to for Commission approval. He stated it make$ the lots more affordable to those who can not afford a larger lot and in some areas more desirable. Mr. Sidor made a,motion to recommend approval of 2-1686 with the following conditions: 1) Specific site plain appIroval is required for all multi-f amily,dovelopment, 2) Maximum height of multi-family structures shall be limited to two (2) stories. 3) Single family (SF-7) land development standards, except for lot size, shall apply to the 6,000 square foot single family lots. 4) That 'electrical services shall be underground except for major transmission lines. Seconded by Chairman LaForte and carried 4-2. (Vice-Chairman' Claiborne and Mr. Escue voted no.) C.-.1 87. This is the petition of HSrveX A.. Thompson requsating a change in zoning from the single family (SF-10) classification to `the planned development (PD) classification on'an 18.1 abre tract located at the northeast cprner'of University Drive (U.S. Highway 380) and Oid'Norih Road. If approved; the planned develop- mint will permit the following land; uses: rn 'Ti^"C +"i'(~'~ [+i?,"Sl` I' 1, 40• j~f'.°°4Firz:?`v;;."T.r ht~,•S'Gn'Sn. ~e°t',✓P,''4';ro't F r 777 Tq fs~ V a a Ninutea August 22, 1984 Page 8 r. 1.4 acres - neighborhood service land use 244 acres - propposed park fc' 695 acres office/Warehouse use 5.4 Bares - dohdo"Cluster housing, 65 units r, with a densityof 12 units per core 2.8 'acre: - veto lot line land use, 22 units with a density of 7.9 units per acre Has Spivey, stated there '4r* 12 reply forms mailed to property owners within 200 feet of the sub act property; 6 were returned in favor and 1 undecided. he pointed out where the proposed land uses are on the tract. ' Mr. Charles Watkins stated he is, with Oiel,ds to Edwards and•ie representinq Mr. Hotvfy thompson.. He stated,'Mr. Thosrpeon cau~wf to hiM sevoe&l' oohs ago,.and asked thus to dtvei4p a 1464" plan for `this a 'acre tract: ne !x» piained the area land; us,*& and the roads in relation to r traffic. He atoned the development, is constrained by Highway 384 which is elevated, and obviously generates a o"t,0- level because of the traffic on the,roods He noise of stated there is oor~ vi ? Highwsy 360 'and bid North Road.,yor all of these reasons, the south portion of the tract is not suitable for mingle family residential development. st He stated it was felt that a sfnall neighborhood service use as well as 'an office/warehouse use would be;obmpat- ' ible with the physical characteristics on the south side of this tract. It was also felt an office/warehouse and convenience store would create the least negative impact on the neighborhood and still meet the needs of the de- veloper. He further atated following along these sage lines, it became necesaary to make a land ,use transition between 'the existing SF'"l0 under construction, over .to•tbe pro- posed neighborhood service'and,the office/warehouse land uses. Also, was felt"the necessity for a lAN use bCeak of some kind from the:; multi-ifaiaily use existing on, the other aide' of Old Nor°th 6oad and 'the' multi-family. 'xgning there, so.we put in a park, at; .the cornerbnd are. pr'op'os- ing zero lot line housing`immedi'ately on, the south side of Northwood Estates and then proposing condom'iniiim cluster housing at a 12 units per acre density level to make a transition over to the proposed office/warehouse r° ee, d°~b7}.F' Y}fi r~~f"' .t w:ea. `'~"k'~63F!~y"~~''~.7'' '~",°7gy~. Fj:"1"1nr.,y..i- i .g,, ro •;i?r .s ::v rye... Wr~~..ay~ P tr ' Ninute# August 21;'1964 psgs g and nei4hb6rhoo4 service uses. We felt that location would be suitable fora park although we do feel some type of fence would'be necessary along Old, North Road. He stated he feels he has 'come up with the best land use plan for this tract and would ask Commission for their approval. On questions from Commissionors Juren'a'nd Sidor coneerhinq the proposed zero lot lint housing, Mr. Watkins stated he did discuss putting SF-7 where the zero lot lines are proposed and his client seemed favorable, Thooss Eaves, 25 3 free Lane# stated 'he has a peti- tion,withTe si904tures from resident= 'in opposition. to this acegisest, 1 a .ur►der#tood it would be a ~ngle f.aaily, sF»l0 ea, H*. gtoti4 there is"a aejor. traffic problea at thent~i;seo'i'on of Highway 3$0 and 'Old ;North Road. He stated the rgport indice~too there is no drainage, pioblimi, however, the, slope run-Off is toward the *Xist- ing hou'sinq development. He further statod.the overall proleCt 'i* '44er 4 bores of oo*"rdial' `'development which is against the grain of that neighborhood. Chairman LaForte left the meeting. Saga hosson 2516 freedom 4ane, stated the traffic consideration on Highway 360 'is a terrible situation. He stated another goncern`is the children in the area who want to go to the store or to the park and having to travel on Old North Rood. He stated he feels the pro- posed development, if`allowed, would make the value of his investments go down. He stated they have had sev- eral negative factors in the neighborhood and he doesn't want any more. John;Rogers 2524 Freedom Lane, stated`he'would like the Com'xissio,n to poll the audience and see just how many are in opposition to the.r6quest, He stated he VodA also like the Commission to poll 'the traffic engineer, to see how many accidents occur at°*the previously mentioned intersection each,m6nth. ke 'further stated 2 acres out of 1$'is a large area`as proposed fora park, but it's the other area than is the major concern. 7771 ET 7 77 ,4 Nlnutss ARiiust 22, 1981 Pigs 10 John Bigaris, 2765 Mill Pond Road, stated he was opposed '.u the increase of traffic. Diok'$wigger, 2736 Mill Pond Road, stated he can't see anyone benefits from this proposal except the devel- oper, He stated the park would be desirable, however, in on area such as this, he stated he would not ,ail;low his children to 'go there as the traffic on Old North 'Road is too heavy. He stated as far as the people who live within 200 feet of the proposed property, there is only"one Fox A asoobs house that is occupied and he didn't know anything about the proposal. Lawrence Kelly, 2608 Smo rson, stated he has livid at the iptersnotion of Xmrson and Qld ;North,:rood. for If years and has boon co* ng before "the Ctas*4446A for 11 years for this very dodo, He stated the 'area ahd;the„streets are .mad* for an SY-10 area. Hestated he had taiked to and was quoting Steve brinkman, Director of Parks 'and Recreation, who 'had told him the city does not want the is►nd for a;pairk and would,pr4bab'ly sell it, and topsider buying land for a parrk elsewhere. He 'hurt or' stated a two acre park in Denton is useless and would not'let his children go there. Ms. Spivey stated she was riot able to reach the Director of-Parks and Recreation, however, at Development:Review Committee meetings, parks did not seem faVOrable'toward a park in this area. She stated this site is located in a low intensity 'area. And,, aooordi'ng to the Denton De- veiopment Guide, low intensity areas represent the city's prime housing'areas'and should emphasize resi- dential use. She stated approximately one half of the proposed .development is,r*served:'.for residential- use. Low inters"ty areas shouid'`oyrrespond'to an overall gross density of 4.7 y7its per acre. The intensity of f`, a proposed development is 4.9 ''its per acre which is slightly Over the standard for the entire areatt however, this area is not over the standard based on existing land use or existing zoning. She further stated the Denton'~Develop*ont ouide also encourages 'a diversity ofhousing types in,all sectors of the city. The proposed zero.lot line and condo- cluster areas would serve to diversify housing types in this section of the city: The zero lot line and park sections of the proposed development are suitable r ~ YS i;l Y. ~);w Nil. a 1 Syr+, 3 "['1 .T `NRC mr4!.,'+Y 4?4 mi3F{dr,i,:' tee.. « "7r~k^"f 77777r r .r` ' t oY 5 L . T 14tnU, tes t 22 104, page Us t buffors between the existing single family (SP-10) section to the north and the higher intensity office- retail uses of this proposal. The proppoosed park site will also serve to buffer the residential uses in this proposal from the multiofamil units to the west of ld North Road. She stated interim policy issue number 78 reegmmends'that concentrations of 'office/retail land use in ;ow intensity area$ be limited to four acres. The proposed development contains 7.9 acres of office- retail land use, approximately twice the area'recom- mended in interim policy issue.namber 78. She stated st+'f is looking to the Commission for direction in this issue as this proposal was submitted for consideration before, staff was instructed to use the proposed revi- siO04,64 the Denton Oevelopswnt Ouidco Xf the Coo- mission i's inclined to approve this rsquest, staff would reoo mend planned development conditions. qn.question from Mr. Si tlo xr. Clark stated the current esitensi.on of trop 288 Norr,,h. does not plan to connect to ;Mingo; Road, The current hiEghWaiX ln; ~14e not „allow for off>ramps which ar,e extremely ax nsive and hard to design. Loop 288 will go over Mingo Road. On question from Mr. Claiborne, Mr. Clark stated the actual property is not in the flood plain. Mrs Watkins thanked everyone for comments. He stated he realiged the current zoning is SF-10, howeverr, given tine pphysical characteristics of the land, who would want to buy an SE'-10 home whose backyard backed up to Highway 380. He stated the proposed park idea was not d smoke screen, they had genuinally planned a park there and'had no idea that the parks department intended to resale the property. Mr. Sidor commented he sees a need-for a different con- cept on the zero lot lines and condo-cluster housing. Chair declared the public hearing closed. "Mr. Claiborne comMented the neighborhood made a,comment that a neighborhood ser~vide is not the best use of land at, this po nt. He stated our current Development Guide expounds on.ths node And this is not conducive to the node situation. He stated one point in favor is the ecess to Ningo Road ;which ,he feels is the main posi- ive 'fact. plus the o f' ice/warehousinq. lie stated he wonders 'hat else could be done with the land next to 380. r Y Y r^,rya!Fj•.. ~aRl` 'xT1kY4'j'P H^w*TYR9!F•!'j , °~~"~ya . r n ~ a ~NiG~►uleos 1►t~ust 2o' 1186 Vale 12 "re 3uron'commented he doesn't feel this proposal is sensitive to the needs of the neighborhood. Mre Juron made a Motion to deny Z-1687. seconded by Ms. Cole and unanimously carried (5.0). De Z-1688# This is the petition of W, H,,Smith requesting a o ange in Wing from agricultural (A) to the planned developm*nt (PD) classification on a 52.9 sore parcel located at the southwest corner of sonnie Brae Street and Payne Driven If approved, the planned development (PD) will'pormit the following land usesi 6e3 acts of neighborhood service `land use 10.0 Aor*o of_ $i'ngglo ;familyy detoa h*d land use - minlmtifiiot : 2se of 70.000 44are foot 11,6 4 of sero lot lino land use de'his ty' bf 7.2 units per acre 10.0 Acres of multi family land use - density of 12 units per acre 14.9 acres of multi-fandly land use d'o' naity of 22 units per acre Mel-, Spivey, stated there were 7 roply forms mailed to property owners within 200 feet of subject propertyt zero were `returned. Larry Frank stated he is representing Mr, Wo H. Smith. He dtated he was at the planning and Commission meeting approximately one month ago for this some ;proposal and ho, has worked, with the ne'ighbbrhood in regard to the traffic And stated eventually the road that runs through the park w ll be four lanes; gon,hie Brae will also be four' ls`tlHe stated they have scaled down the density wind; ehow*4 ; revisions of the'• pl0;n. He Cstated there is an 8" end 10" ;sewer' line stubbed out to, 'the 'property and he is prepared; to make a-conilderable,'amount`of improve- mentse He further stated they hope to develop'tthe property . h , view of Texas 'Instruments coaxing into Denton, He.stated,they realize they can not sell beer and wine as the, neighborhood service area is across the street from a church. Mre Claiborne commended Mr. Frank on all the foot work and work done with the neighborhood. ~yI~P ~ ❑ M1'9 .M,° YSM. ~i,Ir~aL 'Y":Sv i VA'#1'.M1t MI'9r V .O 't. ltt~l~n~~'~f~Y -u.:N``i, !,1'•' 1,~"+-'".i R 9'°9 r t l } M !i 1 1 111 PLAigllNq , 11IMp Gwirllti~ON RECOMW"IT I ON TO ' CITY C'OM I L TO: Denton City Council Case No.: 2-1688 Nestin4 Dater! ootobOt 2, 1964 ONNERAL I NFORMJ1T I ON i I Applicant: 100H, Smith POO.Boit 2753 Denton TX 76701 Status of Applicant: Owner Requested Action: A 04st i'a sonAllp lro* th11 agri- aulttii`p#1 (l~} ols's'Miti;a#tion tp the plaaaed develop~ee~t cPb} alassi i- cstion. If appproved. the PD will permit the toliovinq <'uses: 1. NxighbprhOtid retvioe• on acres bugiriaing at the southwet corner 'of PAYA* Drive and Bonnie Brae street 2. Kulti"tsmily op 14,9 acres (maxi- nits per acre) SUN det4sity;22"'U located immediately vest and south "of the aboVs` referenced neighborhood service area 3. Zero lot line - on 84 lots begin- ning adjacent and south of Payne Driveo approxis:ately.1100 feet vest of Bonnie Brae street 4. Single. fanny (BY-7) - On 49 lots beginnin' adjacent and south of Payne Dr vi and immediately west of the above referenced :eio lot line land use 6. Multi-family on io acres (maximum density of 12 up~ts per acre) located on the southtide `of Payne Drive approximately 600 feet West of Bonnie Brae Street a a t its a , -'l i f i' . ,/r . r r F•1. !f (Case N 2-1464) Palo TOO GENERAL INFORMATION (COAtiAUed) Location and Six*: A 929 acre parcel located at the southwst corner Of bonnie brae and Payne Dr iva Existing Land Use; Vacant Surrounding Land Use and Zoning: North - ChUroh, single family house. vacant; A South - Single family residential. vaaagt3 A -East - North Lakes Part; A INrt - Vacant= A Denton' Development t}uide: Area is designated as low intensity. SPECIAL INFORMATION Drainage: Drainage Information is coveted 'in the ;4tta0hed 04korandum from Jerry Clark. City Esn4ineer$ Tranilportation: xranspor'#ii`on ii4"i are oovefed; in the atteahed ssisorandus from Kodrosh Olyais City Transportation Engineer. Utilities: Significant off site Utility Amprove rants'vilA be required to eerve this deveiopA nt. hater lines must also be provided along interior streets of the tl~relo~a:nt. alight indh sower liAst must alno be built 11649 interior stree'tis. 1llectrib +iecvic• viii be rovidee; Utility Department rOcc*se;a s, that ;aetviae be On 41000A eY660t ti►here lOddinq head' rtou'irements r adete an over Brie. 'ads, talephohe and cable T.V. services 'ean be `provided. ANALYSIS The follovinq analysis W%i''prepared for the Planning and koninq Commission meeting of July ZS. 1904. 'i' w{. e ° i N.'• Y 1.(C Li IN i, D ` y P&:, x P ~'+T"ts,:'rz [-m'a~yt+~s pRr~n i"P,r^,:m M1, l,gA4 acs y ANALYSIS (Continued) l~00 `taot :id, laaaye .a, loM ipteq* tl+. argot Accord. iqd ;,t~ the;anlrri~te`p 1DeVSlO Moo ~ ids.` X1000 or44!_ A "kesent our i~ri °ty 'hocusi . 1ire~lA in a` Ooid; 4MpAofiiftN 616t Al 1000. yurtbersioro, ' bise areas are pla040d'to Correspond to an overall I groo$ density roltOy'of 4.7 units per acre and overall intensity policy measured at 75 trips per day per gross acre. Diversified lana.use is enCOUraged, but ooncentration is diecuur- aped. siali scattered sites of apartftents (usually less than 200 units, but no 1%0r4 than 500 units),aeighborhood coMmorcial, office, tc, are permitted as long as: 1) strict site gin "dontrol i• 'saintain0d within on• block of existing low 4sAoiiy residential areas. 2) Ttaf fie piagai'no ;i)00tes acoess by collector street or larder and not through local low density streets. - 3) The overall density/intensity standard to not violated. 4) Sufficient green space, zscreational f.{aeiiities, and diver- f sity of parks are provided. 5) Input into planning by neighborhooi or village co,snc.ils is provided. Strict site plan ,control cad be maintained on this tract because it is kr Olannod development. The proposed neighborhood service area and Musl,ti-family areas are accessed by collector streets or larger rather than local low density streets, While the devel- opsr is not proposing any green appace or parks, North Lakes Park ig located immediately east of this development and will help to MMet the"t need., mile it is not kno M if neighborhood associa- tion,s input was sought, staff hot board from several neighbors who were consulted on on individual basis. While tAe Above f##toto a,Ke ooatsidered tevorysbl,o to this d`evelop- xeewt, s has strAn'd re'eervatiblis coheeroipq this proposal. It is toAt that the pFtopo'iea, arovi►' of neighborhood service and. ipIti~ atily are is too 06 ~ bib'Centr4tioA of these uses for this a)~ea. Of 5,2 .3 so'r'e otopose~l. 'the 21.3 acre multi- family section cowprises almost ane ialf 0f the 'total area, The total number of Multi-family units to be developed, 525, exceeds the 500 unit limit established by the Development Guide for a low intensity area. `Yew N. Y-li6e) q Pete Pont 1 asau.Yaia (contIU004) Tb• of owlno = a."Ollsis pr•p red toil the r',' O i44 izd ` Hopi f►sr Cow,i~ ;ev oai'Meeti p: of AiIlrust 22, ll, 41 "O l , ar•wsOt one, base ~toniA Go issibn it its duly 2a, o itttit l; by viii f~1r1'ndin¢ And i04 jisetinq. -the developer hail submitted a now Visa in an attempt to address1004I of the oriticisns of the earlier p1*n. The Originally 806mitted plan bud awlti~-tautly land use on 21,3 Act S (m4XiiUrA'4hAsity of 25 units per act$) with a total of 532 units. The 0ew'g164 has 14.9 acres of Multi-xMaily nand use (IAaxinust density of 22 units pet bate) And to acres of "Multi-family land use (maxis a density of 12 units per acre) with :0 total of 447 units, rh*.aew unit total complies with the aur'reA l?evelopaAe~at quids limits of 500 apartaent units in ,a, si ql blvl(F,t:{► . i4 a low iate>isit~r area; however, it is not bo"WO, with'; tho' 00wrlop"At auidu t*vieion 'i'nterim polio* 7A 04100 liiits opertuent units in a sinpie 'b1ust•r in a low`into, n sitY, area to Zoo units. The original p1awA cal ed io~c Q.3 acrals of aeia400"1bood ,service land use at the southwe t garner of soriniO hra•:sud p+Yne 4rive. ae#ql l>d>;hood service 7Plie-tout ent Orb" 6Ml' cohtui'gat 6, 3 acres or at the "ssse looaition. Interim polil ispui 7p states that con- aentrations of office/retail in low 'St city at#*$ " limited to 4 acr*s. The petitioner Wish*$ to point out'that'further reductions will be made in the size of the aeighborhood.sorvice parcel due' to the road dedication And flood control easement. The AU1Shot _of z'erq lot ,line and single family (0-7) lots remain the same but their arraage>Aent has changed due to a`re-alignment of the proposed collector street in this daVelopnent. The multi- family section of this developaeat does comply with interim policy M6 requiring access to high density concentrations in low intensity areas by secondary arterial or greater. RECO1MRWAT I ON The developer has reduced the nunbe,r Of' pro otid, *Uiti-family units faro* ,5.32 to 447 aiiw the al aunt' off' n*i h1SO>Ghood service bar*o'q'R fro~A S. 3 ''to C3, Acres. The i*Vi66, proposal does comply With forcer D*Velopaent ;c)uide ifsindards; however. it does not Comply with sev'erai of 'the policy ise in the t»ve16,064nt quid . rovision. the Punning and Zoainq CossNission recommends approval of 2-1688 by a vote of 5 - 2 with the following conditions: ~h l 4!a • da "N' ii;,`r~i4'~~.5 ~ sq 3 ~ ~?'+FP i i a ~ i' r 1 tCase • hi•1d~Rl hf* rive R "TIOM (Continued) 1. 21'40ti Coal Sas'vics shall be Underground except for ■ayor transmission liaei~. 2. ?hat',all re"I'Otfoho of Apiiudix b4oniao or the Cod* of nahces applicable to sI saxle osrdi a to 1t n fonily "SP-7" districts h ll apply tho.s s Plan '1oai4nate4 for single-family, "dh*-7" laud use, unless otherwise specifically stated herein. 3, That on promise consumption of alcoholic beverages and gasoline service stations shall be expressly Prohibited in the neighborhood service area. 11L'Mi1?IVhI~ 1. Aop'ravo peritio'a With' aoaditidns 2. Approve petition `46thovt oonditions 3. Approve otition with additional conditions 4. Deity pet tiorl ATTACHMENTS 1. Aerial 2. PD Concept Plan `(Z-1698) 3. PD Concept Plan (Z-1681) 4. memo front,Jerry Clark and Koorosh Olysi 5, Reply form totals 6. Property Owner Liar 7. Minutes of Planning and Zoning Commission meetings of July 25. 1964* and August 22, 1984 and September 12, 1984 . e r 1 ti 11:1104 OA'A,rN I W)HAt 4. 911b1 I~ a9gICULI'U/~l iOfK JH! s t 7 ONE {I J04 0 WR14Nt flit. ONaR'Ilrr lln tO ~K'.'~K L! ' .14*4 0, n wa ,'Z 1.0 ♦1 ,r Y f IY 11. ! r ' / I 1♦ ~ 11 / ~ SON < h r > w' slpA4 'u f 1. 1. Y f / ♦,1 -7L- 1 ' j wl~n ,rJ«yv I , •Jr ;!..-r 1'tf a, i. f,c t,, r t t `eJ 7 r 1 1 , r0 Y1~--ter' )l _ +1L}„IA,. "it • 'i1 r I •A 0 t ' ~ II LY~tJ.<I •a7 1 i , Irv \`,1 II ~ t♦ I 1 .a I ~ I ~1 __.L.y-~--- I !}I~ III f 11 r I 1 Jr rY 1 I ..,l, J 1 L• \ ....O lfMawQw tiC' a<I l f 1' I I • r/J I.~ I OI OCR ira .I i t. ee j ;ri 1 Muhl ,.r,iMl I' 1GAGf Y'r ie6' ,.A ty .nl < ~ A0 ~ .~-L+ . 1 L vPlrr~~I PAI,~~n11 I IM«~At 1 LAH\'. I AtrM r: 111 Irnr Ar. 1MY N '1 I I rrtrlr Liar h Nm t' Ilw.lr/~:, I r• 11 I } ~ 1 t / .f ! ~`r ~~•-'_lMifi_ r-!/111JNt'.i.lti.tlTE ITT rAN aArlMhMl 1 "a ly .ai ! I A OI ? . 1 ~ h S ~ ~ t ~ L ` ~I: I1 0 3 1 w , vr~ 1 III'n It Zl) I p 11W^1t1111 . I w I 1MH I Ir I.~r.. I VL1A YIN rill ' Af AEI, 1. Irlll , µm R& .CV 4„c . . k 1 A IMIMPIF ' : rX" mr ocPAL / OWw raw not / ram w (a?) *6*000 ME'MORAND UM TOt Denise Spivey, Development tteview'Plannet i'AAM: Jerry Claris, City `Engineer DATE: July 17, 1944 SK: Z-02681 Streets and drainage are a major concern in this tract# A. Streets: 1) emkift is Brae is a major arterial needing 120' rijiht-of-way 2) Payte'Drive is a secondary major arterial needing $0' rigbt-of-way based on divided road now. Both l & 2 need to be perimeter street paved 17' minimum + 7' of City participation in thickness 1" City participation 3) The thorou;hfate map shows two col,littor streets. The first 1500 in from Bonnie Brae which might match the middle street west of the multi-family if adjusted* The other street would seem to fall 200'-300' south of ibis, tract. Sbould it be adjusted up to seat the ivide between two major properties? 4) Maximum of two drives will be allowed for neighborhood services ons. on Bonnie brae and one on Paytia. 3) All multi-family access will be off internal street syst"O 8. Drainage: All th tract drains to 'the" western soil. conversation des " lake". All 'drainage can be parsed tbrougb if tbs total improvements ark 'made for ;thee -Culverts crossing on Donato Scoo to tb 1a Ca, e d 'dp. 0 01400 t4 a min ®>z F r ^1 a 51 dar id 'tot t~+Nl,04-01e of a led ` foe toi* sA►tilq a• M1a' 0 ~Ceotser IS ea tat 1'leN1il~laii~" +~~t M11 o~ 1►i1~ir'atid foth0v isprov"Onts to 000 it us" 614. All 1 MA► wp revisions 444 smoedmest "Utews4rs a o epoliaOte to this area* C. wat.r: A set of plos has boot designed for tbo future 16" Payne Drive waterline. Those could be used vitb this development if okayed by the Utility Deportmento sty aeor Traf fit 9iater *'8241 wood CITY COUNCIL s-use IN „ FAVOR IN OPPOSITION UND_,.. ECCID_U Sill Nariwy None Received ~ 17 VAnddxbil.C CT.' DOnton, 'TX'76202 j l 0 00-1 OWN W l ~AO 14 -A A 20 i/olyw 6A i/Aj hi- I f t 1 `'i ~ t5 r~l Ss..',~ n j., ; ~Ffr „ aRiT 1 4 L Nty111tes . Jttlr t5, 104 page g .±bt'• oG+144q X t~Nivef stet~►td b~04e twos lot - s t 4101, orate ntensl;ty +►r~►e f►hd; tbet',8 ' o 6 tua'iy, .for si< ilGt #ita, plaq Coricrol w#;1:h sttra gA.t• eiral .teii zo 'in t, It is felt t,h`at' 6bh e;aerex 'fit ei1 00 Could bf,(harMfol to existing re4ldea~gxf AlloOtnt this use could Solt a trend of encroach ''I on the eListfi ' single eilyy housing. i`n thi's area,o h,is area is an older nb ghboirhood 6ub°j.eG,t to, tho' forces , a£ oh. nga. She stated the:DenL'op' Develop,m6At GU de,speoMcaliy; states too following: 4h review'of zoniog,;subdivisioh,.city br4d at Capital.lwprovament Pro roe planning and ntber si;alar dsC si,q ri pGiafis,► priority will be, liven 'to older e ~ d i'~Abo r oads to insure and Ptt,, t e nei A, prhood an public "oq 66,0461- that. Z'onit:~~ s ability,`s'~ri12,e ia- ta ued~ '#ubdi;visios.;ahd 'hau i;a x4velopwHt'n ti1iti 1I be '04, 00' #4+;, "and pu~.i,ic fOt" br~AI'hi ve a priority to ah se',a,rens.aver pewlye,xpandin areas." She stated sta`Ef recommends denial of Z-160. Ms,Aay stated the surrounding area is zoned office and exited, she,aoesn't see it would be encroaching on the existing single family. Mr. LIaiooeae asked Ms. Gay if they had considered PD zoning. She said no as they felt general retail zoning was Nmpat`ible with the flower shop across the street. Mr. Juxen commented that Mr. Riney had been in business for a number of years and that in itself would form some sort of trust. Mr. Juren made a Motion to approve 2-1680, 3eeonded by Mr. Sidor and carried S-1. (Hr. Claiborne voted no.) 1i. r. 6 . 'phis is thb petition of W. H. Sai'th reques•ting a sel.R'n zoning f,roa agriculturaI (A) to the~plannod devei'bpNia t (P13) clasaifica'tion aq a 52:982 acre parcel begixn ng at the`southwest corner14f Payne Drive, (kiiW's-6r Drive)and 8'dhnie Brae :Street,,. 'the tract has approkinately 200,95, foet of frontage -el`ohg the o'utt► side'`of P4kn4 Drive °and approxi;4 'ely1004S, toot of gr6itijo along•the west side of llohnie'Brae Street. it appproved, the planned developoe'nt (PD) will permit the following'land uses: X r c a S Mi>aute: Ju1y 25, i984 Page 9 Neighborhood services - on 80 acres beginning at the southwest ,orner of Payne Drive and Bonnie Bran Street Multi•family - on 21`,~ acres'(at 2S `units per acre) located;immediateiy west a►,d south of the above referenced neighborhood services area Zero l9t line - on 40 lots beginning adjacent and south of Payne Drive approxiattely 1,100 feet west of Bonnie Brae Street Single family (SP47) - on 59 lots begintii'ng adjacent and south of Payne Drive and immediately west of the above referenced zero lot line land use Ms. Spivey stated there were 7 reply forms mailed to property owners within 200 feet of the subject property; zero were returned. Mr. Larry Prank stated he was representing the property owner and he has owned it for some time and would like to develop as proposed. He stated all the technical problems have been worked out on the water and sewer, He stated they are prepared to `work with 'staff and to move the proposed street to connect to Thunderbird, Payne Drive and Bonnie Brae Street will be widened to a great extent and this will be the only neighborhood service in this area. Paul Haygood, pastor of 'Life Tabernacle, stated he owns 10 acres 'north 'of the proposed and since a recent fire had destroyed teeir church building at 501 N. Wood, they are now holding services at the roperty on Bonnie Brae. He stated several' newlywis and young couples nave expressed their desires to buy affordable housing near the'church.'`He stated there is a need for more housing in the area. Mr. Jim Hngelbrect stated he lives in the North Lakes Addition to the east of the proposed, and stated' he has ta7,ked to a number of residents An ;the area who are not total y apposed, buLhave ezpress.ed their concerns regarding traffic. He stated he is,cbneerned with the neighborhood service and asked that this part of the roposah 'be witliheld'untih the ;tr#O;ic.can move out of the,, area more smoothly, 'He s`tatpd Ehis are# is; desig- nated as A low density area and,statod he''does not fteil that multi-ftaily is within those bounds and that zero lot'lines '(6,000) square feet lots are too small. 1 d ii VA Z' 004utoi J11iy ;25, 1984 Pigs 10 Lynn Holt, 2520 BowliAS Green, stated she Was mainly opposed to the neighborhood service and,said she felt it was being built in the flood plain area, Jim Danielson, 1504 Bowling Green, stated aesthetically this is a. beautiful area and we don't want Windsor Drive turned into some kind of strip, Joe Adamson, a resident of North Lakes Addition, stated his concern is with the improvements to Bonnie Brae, Ms, Spiv stated this 52,.9.acre tract is Jocated in a I intet~4warea. Accai*A,ng to the Denton Development duide 't'h'es'e ':ares►s reprelq ottr primary housing areas and mould-*OpO*$t to residehtial use, $he''stated these arb&$ are 'fanned to correspbbd to an; avo'4441 gross density. policy'o€ 4,1, units per,acre and overall intensity policy nesud at ,25, tips 'per "d per gross acre. S, a stated t b nt6n", Dove 1opoo du de endour aaes'i ivers'ified° land use, tint concentration is di'seour- eged, She ~)tated small scattered sites of. apartments (usually ie s than 200 uni'ts, -but no more than 500 units), nei nborhood commercial", office, etc„ are permittod with certain conditions, She stated of the 2.3 acre proposal, the 21.3 acre multi-fawily;secti'on comprises almost one half of the total area. Sho stated the total number of multi-family units to be developed, 5x5,-exceeds the 500 unit limit established by the Do- velopmeent Guide for a low intensity area therefore , staff recommends denial of ..1681. Staff would recom- mend approval of this proposal if the concentrations of multi-family and neighborhood service were reduced. Mr. Frank stated he would be glad to work with staff in cuttingg down the number of units and density. Possibly take l0 acres of the 23`.3 acres near the zero lot line housing, He stated they do have $1000000 off-site sewer improvements. OKs. Cole asked if he could not cluster the zero lot line houses and have one street of zero lot'line housing instead of two. Chair declared public hearing closed. ,f a +rt'p ..,.r~iFC , t' a'~"~~ 9 rfi71+~ a nn 5 y H t5-• 6 J f,~~l r,'..1 t .s , i' i' 7` f! Z Ni"aute'f July 25, 1984 t Page 'II Chairman LaPorte stated he had toyed with the idea to table the request. Out decided to vote against the r_ petition. Mr. S'.idor stated he thought there is a need for a neighborhood service in the area near the park, but stated he feels that 8.3 acres is excessive and should be denied, ry Mr. Pearson stated Mr. Sidor hod summed up his feelings exactly. f Chatroan LaPorte wade a motion to deny Z•1681. Seconded by Mr. Sidor and unanimously car'ried`(6-0). . ; C60sida,r the request of. Me:ivin D., Herr for . d.ance of d,. of Denton Subdivision Reguiati4its and Land pevelopoant p,ode`prdvisions requiring the extension of public water and sewer peri'motor street aving, and 11 adequate drainage facilities across the fron age of pro- posed lot S. block C," Westgate `Park, `First Addition. Mr. Ellison stated the owner and developer is requesting a variance or waiver of fundamental subdivision develop- ment standards. He stated this was submitted as a stand- ard preliminary plat, (Westgate Drive) and noticed Pladger Drive was involved in the perimeter street paving, He stated developer does not want to pay for erimet r street paving or water across the frontage o'f he tract. He stated there are no problems with the sewer but water is a'problem. He stated the subject sit& Is .964 acres in size and is locatd at the southwest corner of Fladger Drive and Westgate Drive (210 'feet of Fladger Drive frontage and 200 feet of Westgate Drive frontage)., There is a lot of interest in developing in this area and there is a need for the ex- tension of water and for curb and gutter. The Engineer- ing D'epartMerpt and the Development Review Committee are recosuaendI daAiai of the drainage and perimeter street paving vaiiince-request. He stated this is a typ ical staff response to such regyestis with the. ratio,itale being that 'street ioproveoants vtaivedat 'the 'time of 'the de- velopiant,can only be done through, payingassessoent programs or cost to the'generai public through,bond issues and similar typs'programs. e, t rq`Xy'G !`7N, r'~:' 6 i►094" 11 1961 Piq• lZ Mre Juren co"on,ied' he doesn't feel this 'proposal is sensitive to the needs of the neighborhood. Hr. Juren made a motion to denyy' Z-1681. Seconded by Me. ' Cole and unanimously carried 3-0). D. ~ This is the.petitioh of We H. Smith requesting a c ange in sorting from agricultural `(A) to the planned dev414p"ht (PW classification on 4`02.9 afire parcel located at the southwest corner of Bonnie Brae Street and pxXne'Drive. if appproved, the planned development (PD) will permit the following land' uses: 6*3 *Oros of n_eighbolrhoip4'eerviae land use 10.0 a4t*0 of single fik*ily,detached land use * Miii4AUA. lot sise, of 7,000 090ers feet 11.6 oot 8 of Zero lot line land use - den*lty of 7.2 units per acre 10.0 acres of multi~IN*ily land use density.of 12 units or acre 14 *0 *ores of"multi familY , land us* density of 22 units pet acre Ms. Spivey stated there were 7 reply forms mailed to property owners within 200 feet of subject propertyl zero were returned. Larry Frank'stated he is representVng Hr. WON. Smith$ He stated he was at the Planning and Commission` meeting approximate11 ly one month ago for this same 'proposal and he has worked with the neighborhood in regard to the traffic and stated eventually the road that runs through the park will be four lanest Bonnie Brae will also be four lanes. He stated they have scaled down the, density and showed revisions of the plan. He stated there is an 8" and 10," sewer line stubbed out to the property and he is prepared to make 'a considerable amount of improve- oonts. He further stated they ;hope to develop the property in view o Texas Inatrusents coming into Denton. He stated they realise they can not sell beer and wine as the neighborhood service area'is across the street from a church. Mr. Claiborne cosmaended Mr,. Frank on all the foot work and work done with the neighborhood. 1 1 te"+'rc~r 7vr,.,..r.,d„ . ~.is...s R kh ;L zw^zr,. ti a},.'A-1r ~'ff rrna+,i'Y!t qTo..rgx it 23. 1904 page 13 t' t Jim Sngelbrecht, 2305 N. Lakes Trail, commended Mro Frank and Mr. Smith for the personal meetings with the neighborhood. He stated he still has some problem with the proposed zero lot, lines facing the SF»7 area and stated speaking on behalf of the neighborhood* they do not feel a necessity for a neighborhood service in this area. Mr, Lynn Holt, 2530 Bowling Green, stated if he is allowed to develop apartments in this area# he feels it will allow more developpment of apartments in the area. He stated he' feels 14.9 acres of multi-family 'should be cut from 22 units to 15, units t1. dim Danielson, 2$44 Sow IIng Qr"pp stated the Commission . ie bpfng sksd to.,alter the soning 660 agricultural to r„ ongx~ apartnNhts'and businasees~ He stated it would be . ' ape~ing a wedge ,for a,; otsmf+ae'roi.a.l'seator up 'dnd; down y Bonnie 9Kb whioh' would necesaiitits turning Bo" nnie 'Brae into a six `lane highway. He stated the area does not 4 need another neighborhood service, which would be open- ing the whole west side of, the park up to apartments and commercial type,'developmoht. Ms, Spivey stated this 5249 sore tract is located in a loa intensity area. According'to the Denton Development Quidethese;aroas represent our primary housing areas and should emphasize residential use. She stated these areas are planned to correspond to an overall gross density policy of 4.7 units per acre and overall inten- sity policy measured at 75 trips per day per gross acre. She stated diversified land use is encouraged, but concentration is discouraged, Small scattered sites of apartments, neighborhood commercial, and office, are permitted as long as several conditions Ire mets She stated strict site plan control can be maintained on this tract because it is a,planned development. She stated staff has strong reservations concerning this pro osal it is felt t.hot the proposed amount of neigh- bdrtood service and multi-family area is 'too great a concentration of 'these uses for this area. She stated this rb'quest was denied by the Planning and zoning co"ission'at'its July 25,;1984 meeting. The developer, has submitted a new plan in an attempt; to address some of the criticisms* of the ealier plan. She F, F`i°$. r "?"~f°"~y. a~.d4.... ~ 4M a. `.,°~e~~, %"ST,"4`, °^?R'.Ir ~'?.'~.:"j~+R+}}^:'s'.°i ~ rF~A,~~ s•yF°R<'~'+"t` jr1.A' T ''f I ( f ~ ~ 1 ~ N~lnute~ A~1♦.t 72`. '1 x Page l` stated the developer has reduced the number of proposed multtrfamiI units from 532 to 447 and the amount of net hb'cfhog service acreage from 8.3 to:6.3 acres. She armed the revis0d proposal toes cursply with current be- Wel,ppn~ent Guido st0. Ardst however, it does not comply with several of the 'interim "policy issues in the pro- sod Developaent`Guido revision. She stated stuff is lookingg to CAmais4ion for direction on this cases hoar- evert if Commissign'is inclined to approve this requests staff recomaOnds Ithlat conditions be applied. Mr. J'uren stated 'Stinnie Brae is on the major'thorough- fare plan and requests a 120''of right-of-way6 on tteation'ftoa Mr. Si'doio,fir. Olyai stated Payne or r Windsor Drive is a second major arterial. Mr, 9idor eohtod the current Development.:Guide provides for X00 to $00, units and they were proposing 532. He has.reduced this number''of 447 and he feels the commission can not penalize this developer as he has complied with the Commission's previous requests* qtr. Frank st4ated the `SF.-7 area could be changed so that it would not face"the;tero"lot line housing. He stated they are not requesting an:E-z Chek or a convenience st6re but for a prnfessianal servicep'sueh as a doctor, sawyer or accountants offices, He stared when trying to plan foe the areas'all they had was the current Develop- ment Guide policies to work with and had tried to work with staff. He stated they do want to work with the residents, that he was born and raised in 'Denton and is not after a fast buck as he does plan to stay in Denton. He further stated he could come down to a reasonable figure between 15 and 22'units# maybe 18, if that would be acceptable. Chair declared public hearing closed. Mr. Sidor.eipressed his feelinga.concerning the Denton ikvelopslent' 11 Guide, to see that the city, is developing in a proper emanner.. tie stated this is a guide, however, a lot of land'de,vllopt~ertt is on a first come first serve r basis. He state& the Commission can't expect. the de- 11 per to go in the hole. He further stated he is not velo too concerned about a neighborhood service in this area. r r W S R 1 ; . 1 M a:1 .J p r Yi, It tR WY ~!"scr Mir.' a}T :'i~ r T~ 8 8 Miqutea• A446t; 22, i084 ~L Page -15 Mr. Claiborne made a motion to approve 2-1688 with the following conditions: 1) Electrical service shall be underground except for major transmission lines. 2) The multi,-family, neighborhood service, and zero lot line sections of this`devtlopmont must have specific site plan approval, 3) That the 14.9 acres be reduced to 18 units per acre and limited to two stories in height. Motion failed for lack of second. Mr. Sidor made a ;motion t'o a ~r0" Z-1688 with the conditions as suogested 6y it*tf 'ilncludeed. in the Planning and Zoning Co"ission packet, with the exclusion of condition`nuaaber 3 made previously by Mr. Claiborne. Motion failed for lack of,second. Mr. Juren made a motion to deny Z-1688. Seconded by Mr. Escue. Mr.'Sidor commented he doesnOt understand the basis for denial. He stated the developer has done and tried to meet all of the conditions required by the Commission. Mr4 auren stated the major reasons for denial are because there is too much acreage for the neighborhood service section and the zero lot line houses are facing the SF-7 urea. Vote was calledc Aye - Mr. Esoue and Mr. Juren; Nay: Mr. Claiborne, Ms. Cole and Mr.'Sidor. Motion failed 3-2. i 'Mr. Sidor made a'motion to table 2-1688 and be placed on the next planning and Zoning Commission meeting of September 120 1984* Seconded by Ms. Cole and unan-imously carried-(5-0). i I '-`17 ~ > ir'I ° sr rY €1 .1,'4 ros4=, k, l a '.~i,l 1 !.j r 1~ ~ .v J'"1 t(. r 71v Yr ✓rv"r Y`xr L\F .t: y~, 47 ~'y ,k a , r ! j .A.~..r, . . P r r ryy,jwo rti 4 Septeob*r 12, 1984 pal* 1`t lie `atata¢ proper tongs is in place and'plans for public improvements (draiAApe''ptiaarily) are adequat He further stated City;Cou.Acil approved a preliminary replat and site, pian'at it' ,,MeetiiiS of August 7' 1Q8,4 as well as the re»oppeairig sit p )Oy'Creek a$ a pi~bl,'ic road in conjunc- tion with the a ppr'o've'q, aNandMent to a planned development (Pb) affecting diinllilp' 11.4 ila stated there has been some concern about;Piaey Creek Boulevard, ° He stated the engineers ware under the impression the City Council approved a 30 foot'deditated right-of-way. . Mr, Clark stated Ms. Storer wanted the City to Maintain a 100. foot rignt•of -way and then the 'street woyld narrow down to a $1 foot 'private street running through nor developwent. on question f Zion Mr, t; alone, dlr. Ellison stated no, the city does not want an additional 50 foot right-of-way totaling a 100 foot right-of-way. Mr. Pearson stated `all we are doing is approving what city, I already approved. He asked what is the typical street wi4th, Mr. Ellison stated 31 to 34 feet. Ar, Greg Edwards stated he is present if there are any questions and stated Fields, Edwards & Associates has submitted 2 plats showing a 40 foot easement which is what he understood City Concil approved. He stated they have met all of'the technical requirements, on question from Mr. 5idor,`Mr. Edwards stated yes he is representing Henry S. `Miller and ;its. Storer, He stated what Henry S. Muller is proposing, is not what Ms. Storer wants. No one spoke in favor or in opposition to the request. Chair declared the public hearing closed. Mr. Escue made a motion to 40prove, the fi'hal replat of 'Township 1,10 Phese 11 (San`;'Jacihto Plaza Shopping Center). Seconded by Mr, JufshI and carried 4.2. (for. LaPorte and Ms. Cole voted'no.) V. Considerations AMake a retoa~rendation to ,the, City';'aifilCil on the retquest ~4 of W, No Smith for a cb{{;~~inge tbning (roll agricultural Q~4110 (A) to the planned deve,iop.mont (PD) classification on a 52.9 acre parcel located at the southwest corner of Bonnie 'Brae Street and Payne Drive (Z+1688). ;}i Jhkrs, oYh.%. !%F .f'e'~i'dSLb ri~ v. . l~d•i ~~~rrr.,r.r~.~5 t V ° n W _7 i' i. ~ Yi,; ~mukas Ssptoil'or 12. 1084 Pas♦ 15 Mr, LaPorte ;stated he' had been contacted by several of the hole owner in the `area and he had told them z 1658 world not be d toossod as it'was not on'tho ppreligirary agenda* lie stated at would li"e to table 'tuts request until September 461 1984, the next planning and Zoning Commission meeting. Mr, Juren stated don't we need to bring this up off the table? Mr. Sidor ■ode p motion to remove Z•1688 from the table, Seconded by Mr, Juren and carried 4"3. (,1r. Escue~ Ar, LaPorte and Mr. Claiborne voted no.) Ms. Spivey stlitdd "the 'oe'titionor„agr"eed to reconsider the peition'and hae ingo.rmed'sta(f'h,e*K'as'not reconsidered re- ducing any o the_prdposal. -Shc stated the last public .nearing was published, this one was not, Mr. Juren asked if the Commission's motion was to table until the next meeting. rlr. Sidor answered yes no had made the Motion to table and that it should appear on the next agenda. Chairman Claiborne suggested the Commission consult with the acting City Attorney, Joe Morris, Cdr. Morris asked`'if a public hearing was held. Ile asked if the 'public hearing was closed; if it had been 'tabled; if there oas been a motion to remove from the table. Chairman Claiborne stated yes to all of Mr. Morris's questions, Mr. Morris stated the commission can vote without having a public hearing. Mr. Pearson asked if they could have another public hearing, tdr. Morris stated' yes. Mr. Pe'rSon made a'motion to re-open the public hearing. Seconded`by 'Mr. LaPorte and carried d-1. (Mr. Bscue voted'no.) Mr. Laporte questioned the purpose of another public hearing. Mr. Pearson stated so that opposed could speak. Chair declared public nearing re-opened. t I ii 51~pt*b+~r 12, 1934 Pajs 16 ias, Spivey sto14d:.this is the $004 request that was pprssented three weeks iAgd at a pr;evlous Pla'hAing and Zoning`Coaoi'asio meet'in and that, h ve bean o changes made. She stateithere ere 7 reply Woo madod to property owners within 2G0 feet of the subject property; 4 were returned in favor and zero opposed. Mr. Larry Frank ,etaCed i~4 .l s. repreeehting WA, Utth on this project,, 40 at ed ' t 'here had been some opposition last time and heva.mile concession$,over a period of time with toe reside"rats. end: city s't'aff, and fQel the petition as presented reveals the neeos of the devei'Qper as well as the desires' of the hoigobdrjiouds, He stated tijeyy'nave agreed to no gaioliho "Ta"lons or bars 'in the nei.' hbor hood 'aervitb,area.. Ho stated rib has a list of ad scent property owners in favor of' the petition, He stated he etas curt trio pe`6p4sl down to 00,88 uni`t.s or acne and will require of-site iaprovbaents to Hinkle Drive, No stated he has,caahgod tae street design on the west end of the proposed, On question from Mr. P,earso;n, Mr,' frank stated yes, the petltioq, that a'ppear.ed'"on the last agenda is the same as the handout 'he. presented to Commission; and "yes, we have met with the nei"ghborhood. Mr. Lynn Hoit, stated he is representing the North Lakes homeowners association, which was opposed last time to the proposal, but are now in favor, Rev, Paul Haygood,, pastor of the Life Tabernacle CEiurch, stated he has a petition he would like read_verably as the church's appreciation of the petitioner and would like to go on record as stating they are 100 percent in favor of the proposed, Gene Gamble, stated he'is an area property owner and has been for is years. He stated he and nis wife had decided it wa,s time to rove oh: and develop. He stated he is not opposed to.tne petition and as he sees, the only ;way to get Bonnie Brae iaproVold0 1s to get more development out there, 'He stated he wouId ''hope,tnat the Commission would approve it as they have spent a lot of money on the project. Ms. Spivey, brieElr descriood the 'Proposed preYious+ly presented and stated the developper Aas redueed'the nuAber of proposed multi,fs#ily units Eroa 51 32 to 447 and the amount of"neighnpthood serwiae atreagq froe8,3 to 6.3 I: aThe, rd'yised p1oj~osa does comply with previous'. $6velopaent'duide staadaz`ds' however, it does not coiply with several of the i'atbria"policy issues in the roposed Development Guide revision. She stated staff is'~n a w-' c V 4 ..,rt n i `re`s rr 7y+ 7, 0 :rt 1 r ` r [ A . 917, 77777 V 4 x N4Aatos 461 e b 19~ r 1'2 t e ~ Page. 17 qqu+g4ry as this case was submitted before the proposed Aevelopoont OtiWo` revision* were 'reve#led to the Public, she Stated if the commission is inclined to approve this request, staff recomit'ads that Conditions be applied, Chair declared ths'public hearing closed. Mr, Sidor commended Nr. Frank for the perserverence and working with the neighborhood residents for their epproviI4 it. Sidor aid*-* motion to recommend approval of 2-1688 with the following conditions i`) Slbctriciai service shall be underground except for major tansetssion lines.- 2) The multi-f'oily,.neigl~borhood,seryice, and zero lot line sectib~s'"of this dove lopeeht must have specific site plan approval. 3) Uat on`promtse Onsop`tion of ilcoholic beverages ar►d asolia{~ service stations shall be expressly prohibited in the naighbornood service area. Seconded by Mr, Pearson and carried 5-2. (Mr, Claiborne L sand- Mr. LaForte voted no.) 8. Recommend approval of the preliminary plat of the I-j5W Addit on. Mr. Ellison stated this is a 3.00 acre parcel located adjaceut and west 'of the I-3iW service road 'south of Airport Road. He stated the property is zoned light industr,tl (W) and,the pr6p6sed land use is unknown at this time, He Stated the shape of the tract sakes planning for fire hydrant placement difficult wi'tho'ut knowledge of exact locations of buildings. Fire hydrants are required every 300 feet and the fire marshall has advised the'0.w'0.6Ir.of "pi*4 to approve 'final location of ` hydrants during the building Permit stake, An aeUAtely sited water`Nain'willhave to be ixtendeo thr6ogh the interior of the teadt., He stated All 'problems have been w'orked`out and Development Review Committee recommends approval. Ar, Bscue made a motion to recommend `approval of the ` preliminary plat of the I-35W Addition. Seconded by Chairman Clalberae and' unanimously carried (7-0). C. Recommend appproval of, ,the ~p~relimi'hary' plat of the John Smith AddYtion an4 consider;re406st for waiver of erimeter streetpavimS're0irements for a section of Bonnie Art* Street, R'x yE A ' ~ ry t o. i5~ 9 ~ 2S~ 9 Mfr AN OrtDh xMG: xNR~;'r. f' tlt 4~' AS SAM A~ . 41 AN AT~'RND ~a.. ~ 00 at ~ V"t 00 , ,i p ~ , x C8 Q e , 69'.t l. AS l1/►I NAl' THE CITY 0! NNI p~ SB DRAS3~AN~, ` Y kjVtr D 9~ AT TU, Y E11 PAOIC1iLAYlt.Y 0 Cmalt !{RR IN i TO pROYID . yOA A AND IN ZONING c#,A8"I'CAI to" p1tON At11tICULTU1tAI, ~`AA DIBTNLOT Cf+AA8$X ZCATT AND USt DBIGNATIOfi TO PWNNI:D MO CRT 11pD" CLA881fICATION AND U&E OESXGNATION; ANq PNOVIDING FOR AN tFYKCTIVE BATE. THE COUNCIL Or THE CITY Of DMON, TEXAS, HERteY 04UXNS: SECTION I. That the zoning classification and use dosignation of tho following described property, to-wits All that certain tract or parcel of land'eitUaCSl to the fsanoes Batson Survey, Abstract. No.' 43, Denton, countyY0 exaao betno the saw 52.98 core traop ooawyed by J. . Glediih aux to M. C. Collier on November 13, 1931, recorded in Volk% ~74, rtso 609 Deed Words of said County: and being more particularly describoa or followst BEGINNING at the northraat corner of said Collier 'tract in the middle of a public road- THENCE south 1°53' west with the middle of said road sod the east Tina of said Batson Survey 1145.16 feet to a point in said road; THENCE'north'87°23' west with a fence most of the way 1200.81 feet to a fence corners MAKE north 2°13` east with a fence 95.7 feet to a fence corner; THENCE north 87°23' west With a fence -899.06 feet to a fence corner; THENCE north 2°06' east with a fence most of the way 1041.19 feet to u point in the middle of an east-west public road, THENCE south 87°38' eaat-with the middle of said public road 2095.96 foot to the place of beginning, containing in all 52.986 acres of land. is here' yy changed from Agricultural "All District Classification and Use designation to Planned Development "PD" Classification and Use designation under the comprehensive zoning ordinan" of the City of Denton, Texas. SECTION It. That in approving this planned development district ordinance, the City Council hereby Approves the c rehensive site plan for the areas designated for single-family "-7" use as shown on, the attached cite plan and designated as Blocks A and B therein. SECTION ILL. That in, epproving' the' planned dovel44pwat district' ordinance, the City Council hereby i-Otio-' the.prellrinary rite 1a sliovi the proposed land user withi'p t eroas das14nat*4 as Clocks C' a4 D for Otero lot ' line use, Henke i' cad f for multi+familyy'"(10 acres) use, block H for neighborhood service (6.32 acres) and blocks IF and G for aulti-family use (14.9 arras). prior to the issuenca of any buil4ing pererit for developsRient of those usss listed in this 8oetioc I1I, a comprehensive site plan shall be required to be submitted and approved as part of this I * ..F"-•} """y"a't'°,R~'~r~' R^' °'"~'Tt"'y' "r"°p 'z''^',%i e;.. av,t x 'T7' M,s-^, - 7777 i ordinancs U accordance with Article 11, Appendix a-ZOaiag of the Code of Ordineq SEOTI4N IV. 'Chat prior to lasu nc* of any certificate of occupancy for the use of any building witht the planned development district, the following conditions shall ~e ma ti 1. Electri'oal service shall be underground except fo+; major trans- mission lines. 2. That all regulations of Appendix I-Zoninc of the Code of Ordi- nanoes applicable to iinglo-family '!Sr-Y1 distriato`'shall apply to the sit• plan de#i nated for sin le-family land use, unless otharwise spec Jically stated lersin. 3. That on preatse consumption of alcoholic bovera •o aiid gasoline servics stations shall be expressly prohibited in the neighbor- hood service area. SECTION V. That the development, of the property shall be in substantial coaplieooo with the site plan attached hereto and made a part hereof for all purposes. The Zoning Hap of the . City Of Dsoton Texas, 14440d the 14th day of January, 1969, as an Appondix to the. Cads of Ordinances of tha City of Denton, Texas under. Ordinance No. 69.1; be and the sage is hereby arendsd to show such change in District Ciassifica- tion and Use subject to the above conditions and specifications. SECTION VI. ThAit the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the ppurpose of proao~ing the general Welfare of the City of Denton, Tex&a and with reasonable consideration, among other thins for the character of the district and for, its peculiar suitability or articular uses, and with a view to conserving the value of the guildin s, protectingg human lives, and encouraging the most appropriate uses of land for the maximum benefit to Cho City of Denton, Texas, and its citizens. SECl iON VII. That this ordinance shall be in full force and effect imnedi- ately after its passage and approval, the required public hearings having heretofore' been held by the Planning and Zoning Commission and the City Council` of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1984. • ItTCF~,7XitR'; `~tYdit CITY OF DENTON', TEXAS ATTESTt CITY OF DENTON,~MUS APORO AS 1 TO UdAL YWW i J76 D. NAYS, AC'[IIIO CITY ATTORUY C TY OF UENTON, TUAS By +t !tl . av is e'~ 1 Tr" 41 • ~ • I MMM I. ~ 110 ij 2-1888 ; i e..., i„ ii' ~tll ,.y. V, .':1, ;•1. ,r , yvv i•~ I, as ~.~,I l5 ""177 °rt ^'y... , may, -q l t, i,'hLANIIIN4 AND ZOUX" ComissION 98COl61N MAT I ON TO TNX CITY COUNC I L Tot Denton City Council Cass No,: Z-1689 Xoetinq Datot October 2, 1986 GENERAL INFORMATION Applicant: Joe Evanit Star Rt, $*Uth Saint Jo. TX 76265 Requested Actions than'ge iron "Abe agricultural (A) 04o 0g classification to the planned d,~v t'opatnt (PD) zoning distr ct. If kP'pro''0d11 tno' grinned deVelapeiitit (PD) will porstit light iadusttial 1'ai.d uus. :vocation and Size; A M 3 aore tWit located on the east sid'e` of Masch' 'Jion'oh Road approxi- Nately 583 feut south of U.S. Highway 380. Surrounding Land Use and Zoning: North - Agricultural/ commercial/ residential; A South - Construction company; C Last - Vacant; A West Single family$ light industrial A Denton Development Guide; Area is designated as moderate intensity. t y i Py iii (?{;1y/f1M1^; I~. rl l N 'k'• t i liil °h i 5i ! i,Y':y i ~.~y: "S.L.,.129~iu'A;'L]i91,hi f.,.3=a!--_.:~.r_~i yi . t f ?~n°' A„44',i"SFTe'n~;°. 41.r':~l, nwrr 777,77777. 7'y (Cat. ~ x-ray') page Two SPECIAL. INFORMATION Drainages Drainage in this area goes under the road in a box culvert between lots 1 and 2, This drAinage,system Must be upgraded to support this development. Transportations Perimeter street paving ordinance will be applioable to match Branch Road (60 feat of right-of-way 30 feet from beater lies) o This road may be considered for Loop 288 in the future. Utilities: city water and sewer service Mutt be extended to serve this tract,,, The neae st sewer line is the tijo,Eory Crook line, Eloctriao teiephdtte and gag services are available to Zhe site. ANALYSIS This, site, is located in *-Moderato intensity area. Existing land uses along Match Branch Road range from ranch or estate type housing and attractive single family, to a steel;compaUy. commercial and small business uses. specifically. staff counted twelve (12),residenoes and six (6) businesses along Match Branch Road' betwtan Highway, 380 'and ,tits Chrietal Road, A significant amount of agricultural (A) land and undeveloped property also exists in. the area. Although a,moderate intensity designation exist$ at ;this site, the Development`duide encourages protection of low density residential areas within one block of potential high intensity developments through measures normally associated with planned development (PD) `zoning. This request is for planned development (PD) zoning that would permit light indus- trial land use, Future significant residential' development is being discouraged because of the proximity of this area to the municipal airport. E 5i;" E; r .:T r.'. W~f i4 if . i r 1 y .ar,l °7 'tt3: 'v`tJ'i9 e^ r~ IC,i~. ~.r ' (case .0 1-1609) Page Three RECOMMENDATION Approval of this request is consistent with policies that dis- courage residential development in the airpport area, Staff reels that the residential development in this moderate inten- sity area is worthy of protection. The Planning and Zoning commission recommends approval of Z-1699 by a vote of 7 0 with the following conditions: 1. Residential land use will be prohibited at this site. 2. No building within the development on this tract shall exceed two (2) stories in height, a. Buildings and parking areas must have a minimum fifty (50) toot *'*tback from Match branch Road right-ot-way nine adjoining the property. 4. Parking lot design must position parking lot lights away from existing single family residence to the west. 5. The following land uses are specifically prohibited in the planned development (PD): Dormitory, Boarding or Rooming House Trailer Camp or Mobile Home Park Cemetery or Mausoleum Half--tray House Homo For Care of Alcoholic, Narcotic or Psychiatric Patients Private` Utility Shop or storage Yard Amusement, Commercial Outdoor, Drag Strip or pacing Go-Cart Track Drive in Theatre Hauling or Storage Company Tire Re-Treadi'nq or Capping Tool or Trailer Rental Heavy Machinery Sales and Storage Sand, Gravel or Barth Sales and Storage Trailer Rental or Sales storage and Silos of Furniture or Appliances outside a-*U iiding ~ Extraction a,qd sale of Sand, Caliohs Stone. 'Clay or ata;"l mining or Storage of Mining Wastes Asphalt or Concrete Hatching Plant (permanent) II Brick -Ki1n %t Tile Plant 5 1, ~<Yr {i i. e:` 1 ~.i^I'~E 1. 1 t+afl I p'1:1 S.Y.r it t.A ql Y. wA 1 X77' a !f a 8`- a ly7 , "-i (case r► x- lass) Page Dour R9COMMENI)ATION (Continued) S. (continued) Du1Mp or Sanitary Mill Area Open 641VAJO Yard for Rugs or Malchinery* sto. falrgrounda, or Exhibit Area 90400 oroupds> Stable Private Club Stable, Cosexcial Rental Stablr~ uoardinq Poultry Hatchery Livestook Auction UVWock'Eeedinq Plant. Pens or Yards ALTERNATIVES 1. Approve petition with additional conditions 2. Approve petition without conditions 3. Approve petition with conditions 4. Deny petition ATTACHMENTS 1. Aerial 2. P14anreed development concept plan 3 , Reply fora totals 4. Property owner list 5, Ninuteo or Planning and Zoning commission meeting of September 12, 1984 0l15a v r G, '.;r 4~ .girl n f~.~ 9flA j, i'„~ fU+'}Y"JI 6f' \ti c NV'i"~~I 4 r off. cL.1r.. .i t n I "h" \ H it..i +°~i IY # 41 1 t.! Cr'r ~ a' S. ,u' f j ,i ~ AtlIt It UL iURE XONE 1004af' ti COT I ~I I6CAIrOtl tl~~p. 0 yu . lyo U 7 tot z ail P. 0, fN 06MY INDUSTRIAL ZONE i ~ (A@Bip4N11AL LAMD USC PKOMI tl}tEb) I AARICULTURt ,ONE AORICUL ME outylet nr. I,~ns LONG tot 5 I I I LOT 4 N Ii II ryd M I CALL "C CNNMCACIAL ZONt I Iw , i.O 7.6NINO PLAT p v ~y' ~•t,(,1 ,I f ~'rr 1~ i. f n •U. ~ I . t L' ~~M1I ~ t i fl, ,4 !.!H u,1 :41~ 1 ..'l I' ~ I tmi• N j t f i ' 6 t ? e 77"-" r. .-I. -T 'Yr N' 1 . q,, r Yra s rxr 7 PROpERT'Y OWM 1tXPLY IP ORMS CITY COUNCIL Z-I689 IN FAVOR IN OPPOSITION UNDECIDED Joe 84 Evans None Received Star Route South Saint %lot TX 76265 Mrs. track :miller 402 Mimosa Denton, Texas 76201 s; A (s r r C 1 s ' '4 l u t)i' {i° g s j'r F1 Vr(,Ca s i 1$~ t h'~"li~ p: 6 z / 1 ' 5 Alf" AtYAI T - ' F Svc ~ ir: + zb, r f II zG~ I'A -L u 9 , d d~c~t ~111- i1Lir 1,4 tl,"1~i~M1~ I7 x 7~y In ;!-7, j 5~115{i i. 4 1x1 i . tifi' U~Cm ' f °.__,".,'v.'."t'n..'--~" ,fi...s"",-T ",.'f ` i'^^',' u~.- ;.,nom-,.s-arm's.-. ?.°r °~*4 7 P ~ Ni Ii11t1a Smpti~Nber"lZ, 198~ Page' 8 Mr, Mayer stated the nominations are now open for vice. cat i roan. Mr. LaPorte nominated Mr, Bscue for vice-chAi'eman, Mr. Bscue accepted the nomination. Seconded by ldr. Pearson, Mr. Sidor made a motion nominations cease. Seconded by Ms. Cole and passed (7-0). Vote was called: Aye - All; Nay none. C. :i689. 'this is the petition of Joe Evans ro4uesting,a ange in zoning from the africultural (A) classification ~4') to the planned development PD) classification on 2003 ept~° acre tract located on tae cast side of March Branch Road approximately $83 fee't`sou(th of 'U, S. Highway 380, if approve°d, the planned development would permit light industrial (LI) land use. Ms, Spivey stated there 'were 6 reply forms mailed to property owners within 200 feet of the subject propertyl 3 were returned in favor and zero in opposition, ,Mr. Charles'Natkins 5tatad 'ne is with Fields, Edwir4s' 6 Associates and is representing Mr, 'Evans. He stated he had decided to request pl`ahhad development zoning and is aware this is a residential,-area. He described the sur- rounding land uses and Stated ne has 'discussed the'-condi- tions with`Mr, Evans as recommended by the staff and is agreeable to all of the conditions. on.question from ,Mr, Sidor,'Mr, Watkins stated there are several `fut'ilre uses of the proposed, lie stated staff had. recommended no hauling 'or storage; companies be allowed; and nope this won't prohibit warehouses, Mr,. Mohammad About-Slla, a resident near this area, stgted'he ie''not spoaking for or against tUe proposed but would like to klnow the specific industry indicated, He asked if there were plans for the proposed that would create air, noise or water pollution. He asked if there would be any increase in traffic; and if so would there be any improvements to the roads. Chairman Claiborne stated the qu,Astionc would be answered'' later at the time given ior'questions and answers. No one spoke in favor or in opposition to the request. ~.is• gp"ivey stated .',t'-bii sits,.is; laca+t"pa in. a moderate intensity area, existing l'and` uses along Masth Iieanth goad range from ranch' or esitte type housing and attrac- tive singlerfaoily, to a steel company, commercial. and a e , i `r i '~yl'T`:et}~ °{5+ 1 ' Ifi _ '5f'd,111^ ~ .n sB+ ~ ^ ~ Sepomher 12, 19$4 Page 9 Y11 7~, $0611 bu##nes.s uses. $pecificslly staff counted twelve h (1x) residences 410 six (G) businesses along Maschh Branch Ro*d between'Hi$hway 384 and Jim C4rlstal Road $ ficant amount' of agricultural (A) and undeveloped pro arty also exists in the area, Although a moderate in en- sit:y desipat,i-on exists at this site, the Development uuide.encout&*'os protection of low density residential areas wi't'hin one b;lock`of potential high intensity; developments throw"$h measures normally associated with planned. develo tent SPD toning, This 're uest is for ppil~nned devei'o dent PD zoning that would permit light industrial land use. She stated it is not the opinion of the staff to prohibit warehouses. She stated no resi- dences abut the subject tract. Future significant resi- dential`devel'opMent is being discouraged because of the proximity of this area to the municipal airport. The petitioner has agreed to a planned development condition that would prohibit residential land use at this site, She further stated approval of this request is consistent. with policids that discourage residential develophent in i the airport;srot, Staff feels that the residential devel opmeint in this noder"ate>intensity; area is worthy Q(, pro- Staff Staff recommends approval of Z-1689. Mr. Watkins stated 'none `of 'the proposed areas will create noise, air or water polluti'bn. He stated any type of de- velopaont will increase traffic, nowever, he stated he is awara the petitioner is subject to perimeter street paving. Chairman declared the public hearing closed. Mr. Juren made a motion to recommend approval of Z-1689 with the following conditions: 10 Residential land use will be prohibited at this site. 1. Development on this tract shall not exceed two (2) tories in height. stories' ' 3. 9uildings and parking,must have a minimum fifty (SO) foot setback from the front property line, 4. Parking lot design must position parking lot lights away from existing single family residence to, the west. Possible' specific site plan approval required. 5. 'Cho following land uses will be specifically prohibited in the'piaaned development (PD) Dormitory, 8oar4ir or Rooming House Trailer Camp or No ,le Bogle Park i, na~3:''~~s..?~i ;-F'fi5r¢gy-aF "ar/'ait'.+~ !i. re:~'n, ~,._T p.v^n_. i. T` •-+f-~':r 5e ...m ti ~ ' ~ Z llftlytei "Ptebor 12, 1964 Cemetery; or mausoleum Halt 4o*y House Home for c%jo of Alcoholic, Narcotic or psychiatric Patients Private Utility Shop or Storage Yard A a0ooent, Commercial Outdoor, Drag 'Strip or Racing Go-Cart Track Drive in Taoatre Flauling or Storage Company 'Cure Re-Treading or Capping cool or Trailer Rental Heavy Machinery Sales and Storage Sand Gravel or Earth Sales and Storage Trat or.aenta,i or;Sales Storage and Sales of Furniture or `Appliances outside a Byildin* Extraction Ana, Sale of $and, Wiche, Stone, Cloy or Gr6001 a. Miping or Stolctige of Mthing Wastes AsphaltOr Concrete Batchin` Plant (permanent) Brick Kiln or. Tile Print Dump or $*Attary 1'i11 Area Ope6 $A14d' Yard ,for kegs or Machinery, etc. Fairground.. or Exhibit Area Rodeo Grounds; Stable, Private Club Stable, Commercial Rental Stable„ Boarding Poultry Hatthery Livestock Auction Livestock Feeding Plant, Pens or Yards i Seconded by Ar. Pearson and unanimously carried (7.0)', 5. 81. This is the petition of Sigma,'Tau Gamma Fraternity re casting a `specific, use permit to operate a fraternity it, ah Office (0) zoning district at'the ;northwest corner of West `Oak Street `and 'Fry `Street. The"property is more particularly described as 1$02 West Oak Street. Ms, Spivey stated th*re;we.re,14 reply forms oailod to property owner's within 200 feet of the subject property; was opposed and zero 'returned' in favor. Mr. Juren asked if any fraternity could go in at this site, or just this one 'applying for the specific use? Ms. Spivey stated the specific use goes with the land and not wttb,the residents, according to the city attorney. Mr..Meyer stated the Commission could instruct the Plan- ning and Community Development Department to keep in eye r dpi-.;A:y y~ aM'Tt?' 17 1Pi ,',~`.°I -7 _71 NO. AN ORDINANCE AMENDING THE ZONING NAP OF THE CITY OF. DENTON TEXAS, AS SAME WAS, ADOPTED AS AN APPENDIX TO THE Coot OF oRDI CEi OF THE CITY OF DEKON, TEXAS BY ORDINANCE Nis,' 69.1 AND AS SAID HAP APPLIES TO 20.366 ACRES OF 'LAND LOCATED ON THE EAST SIDE of MASCH b"SCH ROAD APPKOXIMATELY $93 FEET SOU'T'H Or U- So HIGHWAY 380 AND IS MORE PAATICIt Y DESCRIDED NItREINi TO PROVIDE FOR A CHAN}~I IN ZONING CLABSIFFICATION AND CLASSIFIION rRON AORtCULTURAL "A" DISTRICT USE DESIGNATION TO PLANNED DEVELOPMENT "Poll CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFCCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION 1. That the soning classification and use designation of the following described property, to-wits a All that certaia' tract or parcel of lead siktiwted is the William Brvan'Survey, Abstract No, 14g, Damon County$ T x4s, being the north 20.366 acres of a certain 29.9 sore traot'daedhd by rreeda M. Duffle to Joe Evans on February 99 19$9, recorded in Volulse 445, Paso S8, Dead Records of said County, and being more particularly described as followat ' BEGINNING at the northwest corner of said 29.9 acre tract in the Middle of A public road on the west line of Bryan Survey; , NENCE south 86°35'10" east with a fence 1003.45 feet to a fence corner at the northeast corner of said tract; TH1NCE south 0°58'30" west with a fence on said east line 882,92 foot to a steel pin; THENCE north 88°54' west across said tract 999.91 feat to a corner on this west line of said tract and said survey in the middle of said road; road 888.43 it, THENCE north 0°45'30" east with line insaid to the plyce of beginning, containing in all Is hereby ota►nged from Agricultural "A'! District Classification and n.` Use designation to Planned DeYelopient "PD"'Classification "and Use to permit Light Industrial ILL" land use designation under the comprehensive totting ordinance of the City of Denton, Texas. SECTION II. That in approving this planned development district ordioando, the City Council hereby approves s prilimittary site ;loo' showing the general proposed land uses within the district, Prior to the issuance of say building. permit for development within the district or part thereof, _a comprihonsive site plan Ahall be required to be submitted and approved as part of this ordinance in accordance with Articlo 11, Appendix B-Zoning, of the Code of Ordinances. SECTION III.. That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions sha,11 Ma mat: Z~i.59/JOE EVAN9/PAGE 1 J F i ry ' rl ` "Ti ry' „ryF^A'd..J. C"'^qR (4. Z~{ , . t 'may' .Rnlttu, r~ ~ I r+ 4 1 f 1. Residential land use will be prohibited at this site. 2. No building within. the development on this tract shalt exceed two (2) stories in height. 3. Buildings and pparkin areas must have a minimum fifty (50) foot setback from Mooch Branch Road rirht-of-way line adjoining the property. 4. Parking lot design mustposition parking lot lights away from existing single family residence to the west. 5. The following land uses are specifically prohibited in the planned davelopment (PD)I Dormitory, Boarding or Rooming House ?railer Camp or Mobile Home Park Cemetery or Mausoleum Half»Vay House How for Care of Alcoholic, Narcotic or Psychiatric Patients Private Utility 'Shop or Storage Yard Amusement Coooorcial outdoor, Drag Strip or Racing Go-Cart Track Drive Yn atre , Hauling or Storege Cospaay Tire R••Treading or Capping 'fool or 'frailer Rental HasVy Machinery Sales and Storage Sadd, Gravel or Earth 'Sales and Storage Trailer, Rental or Sales storage"and Sales of Furniture* or Appliances Outside a building Extraction add Sale of Sand, Caliche, Stone, Clay or Grcvotl Minist orrStorags'of Mining 'castes , Asphalt or Concrete ppaatching Plant (permanent) Br ok Kiln or Tila Plant Dump or Sanitary Fill Area Open Salvage Vard for Rags or Machinery, etc. Fairgrounds or Exhibit Area Rodeo Grounds Stable, Private Club Stable, Commercial Rental Stable, Boarding Poultry Hatchery Livestock Auction Livestock Feeding Plant, Pens or Yards SECTION IV. That the development of the property &hall be in substantial compliance with the site plan attached hereto and made A part hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of'Jaouatiyy, 1969, 44,an Appsindix to the Code of' Ordinances of the City of Dantod, Texas unddetr Ordinance No. 69-1, be, add the sane is hereby amended to show such change in Diitfiot Clasaifi- cation and Use subject to the above conditions and specifications. SECTION V. That the City Council of the City of Deutorii Texas, herebyy finds that such change is in accordance with's eosprehansivs plan for the l+urpose of promoting the general welfare) of the City of Denton, Texas and with reasonable consideration, amaonp other things for the character of the district and fort its pad, gar suitability or particular` ussa, and with a view to conssrvinA the value of the 2-1689/JOK EVANS;4AGE 2 .n✓ / .1. '.T "tl < ~r1I 777,, 4+ I rtmp. `T,"9'7.m.n~fi ex twltakf ~'.~:4 11 buildings, protecting human livw $ and encouraging the most appro ppriate uses of land for the maxious benefit to the City of Denton, Texas, and its citisens. SECTION- YI. That this ordinapoe shall be in full force and effect ismsdi- ately aftwr i a passage and approval, the required public hearings hovini heretofore been held by the Planning and xoninS Commission and t 0 City council of tt%o City of Denton, Texas, after giving due notice thereof. PASSW AND'APPROUD this the day of 19tl4. MAIM ItIMM Q. STRUT, CITY OF DENTON, TEXAS ATTEST CHARLOTTE A w, IjA CITY OX AB APPROVED AS TO W" r W JOE D. Us ACTING CITY ATTORNEY CITY OF 0lWTON, TEXAS BYa_S.wun r L-1689/JOE EVANS/PAGE 3 f 1 , +r I A:/1111! 111111 !1 VI( 1 I 9 ~1~,} \ .vau ~ 111M.,, ' ..IY y 1 .M1 •IrI N 101 I f - =1o to C l01 ! _ p 0 f« i1611t MOIISf11lA1 lohC I p.v/nnM MMi lra /MaMNpJ r . b1flI~IINI( 'IP^!. nn•il in1 f H i N C...._,_.J tot . i i 1 f' MAI I *1 'Al :.l, 0 1 KW LCNIIMI het. n l +jlJ~i;{t~ v Mt r N Y ei..-~"'~'`.., ~.+vraei.-„v .x- •+.tr~ ;.....~`V~R 5 vB'k~". COINrMWI'IQM CITY COMIL r Tot Denton city council Case NO.: S-181 Meeting Date: October x, 1984 GRUERAL I NIFOMT I ON 11pp1ScaAtt SigiavTo Gamin 1$02 Nest Oak street D AtOn. TX 76201 Status of Applicant: Fraternity representative Requested Action: A specific use perstit to allow the opetaton Of a ftaternity in an office (0) sorting district Location and Size: An ap'ptoxilwo' ly Wo square foot lot located at the northwest corner of N, Oak and Pry 8tt.oets. The property is stars particn14tl7 11e80ribed as 1302 Nest Oak Street. Surrounding Land Use and zoning,. North - Singlo.fAsily residential - Multi-family; 20-1 South - Ptaiternity hauael'SF-7 East - Single family residential; S9'-7 Nest - Multi-family residential; NF- Denton Developlkent Guide: Mea is designated as 1Ow intensity SPRCI1i1L INFORMATION Drainage: Drainage is poor in this atea4 Transportation: Thivtra0t has tontage ors Nest Oak Street designated as a 0611e0t0r. and Tory Street, 6,10041 residential. street. The site flan shows that access to the tract will be from Fry Street. lagN T11o 6 SPECIAL INFORMATION (Continued) utilities: A 12" water lino and a a" sewer line are located in front of this property on Hest Oak Street and a e" water line and a 6" sewer line are located in Fry street, Electric* jaso tole- phone, and cable T.V. services are available to the tract. ANALYSIS This'site is ioaated in a. low intensity area. Lox intensity ere{ poli01*0 ennouxeys solve land ,'4 diverNity it proteotton of the neighborhood and 'ad)aoeot housih'jj is yrovided, but at$- oouragas o0ncent,rattons of ~aulti-family,, office, oommerdiait and other higher deneity/inteaeity land uees, The Development Quid* wpecittis five (5) criteria that diverse land uses should most when proposed is a low intensity residential area. These cri- teria are ae follows; 1, strict site desigqn within one block of existing low density residential bousiaq is provided. This is a specific use p4rait request and development requirements Can be attached before occupancy occurs. Fencing can be required along prop- arty lines abutting residences to provide adequate screening and reduce noise levels. s. Final intensity studies shOw that this area is approximately 10 percent over the standard, 3. Traffic planning ~n~iurss access by'a collector strut or, larger, and nor'through local lows deasity'streets. The site has frontage on*est Oak Street, designated a collector on the City of Dentoa'Thoroughfare Plans however, the existing garage And. parking area will be accessed from Fry `Street, a 16641 residential street. 4. Sufficient green space area for reoreationai facilities to provided.' This provision is got applicable due to the size of the tract. 5. Input into planning by the neighborhood. It is difficult to ascertain the degree of input 4olicited by the petitioner or offered by the neighbors when staff, is not directly ibvolved ~in^arv"#v 'C. +~qT•n, +~:f5 Z.'~'C~~"4'Y'~.T 'F1R-'T~i.~yp!~* !vyY ; f'4 'i'..5`IF YID yM']xj1iF'6.,Ge a e'h I117R~ ~~'"~'fq~~R~ 77, «Re I- ISO P490 Three RECOMMU ATYON The Planting and Zoning Commission felt that the proposed land use was conpatibls with existing land uses and would "not 'nega- tiwly impact the area. The Planning and Zoning Commission recomaoAdt approval of 9-161 by a vote of 5 - 2 with the follow- ing conditions, 1. No detached signs shall be constructed or maintained on the property. 24 On the west property liar a solid wood fence shell be erected and continuouslyy stint OW in good repair, such fsa6l shall be of a *iniMW height of six foot4 except tot the xxailt yard" where a h Cole's; shall be of the •axiOus< Qoipbt'bl}o"d by the xo~ibq ofd~p~4pbb', 'All teo*sasr "r- bits ce4ulr44 by the Code of Or4in4noss shall be obta nod prior to the eteoti0n of any t*aot ne0606ary to comply with the conditions stated herein. ALTERNATIVES i, Approve specific ues permit with conditions 2. Approve specific use perait without conditions 3. Deny specific use permit i ATTACHMENTS 1. Aerial 2. Specific Ust Permit site Plan 3, Reply lOr1' otal$ 4. Propitty owner list S. minutes of planning and Zoning Commission Meeting 'of September 12 i9S4 0264) 17 flip sob Jill, Qa wrgt s! 14 S M New eN N oziff Sit y Jill i 4Tim. ,mx+~grpseer~•.~mr.. ~ mw-1x`r•w•+n)n Yflly "•'-'~^C . -~e+"#*a ~rv~+w-. . et^~rcmTR`-iR •`~m~•xTl'A-' i M" c'~n r~r TY ' ~MX YOM CITY 'COtJpCIL S-101 IN FAVOR IN OPPOSITION UNDECID A None Received a, E, LiAscombe 208 Anthony McKinney, TX 75069 G4 E, Lueoombe 1232 Cak Street Denton, TX 76201 i i I E G I E r► 1 I 1 bcr-or~roo M kg& -7 5 1 l ~i 6,73 9 7.2 4L. 75~~~1 Liu ["&Use 1, Z_ ,B J /6 2.14 X55 J J I h, /.5 f T`SF~[+ l;a. 'tA~4nnFf`+.1: c~ ~mv s,srasrer~Y','b'rvrixvTr ''TR , n•`4?R- n ` i.fip;•P u., n W y, 1T_1` ~1 •P, .~tj?{ra 7A ~4i. s„ is SooteY~bor 171 1944 Page 10 i Cemetery or Mausoleum ii010way House Home for Caro of Alcoholic, Narcotic or Psychiatric Patients Pr#'vatq Utility Shop or storage Yard Amusement, Commercial Outdoor, Drag Strip or Racing t;o•Cart Track Drive in Taotre mauling or Storage Company Tire RooTreading or Capping Fool or Trailer Rental Heavy Machinery Sates and Stocagq Sand Gravel or Barth Sales and Storage Tro.i1er Rental or Salts SRQra e'snd Sales of Furniture or Appliances Qutiide a gullding Extraction aad;Site of Sand, Caliche, Stone, Clay or Gravol Mining or Storage of Mining Wastes Asphalt or Concrete Botching Plant (permanent) trick Ki'lh or Tile' Plant Uuap dr Sanitary Fill Area Op'sn' Saivagq Yard; for (tags or Machinery, etc, P&, rgrounds or Exhibit Area Rodeo Grounds Stable, Private Tub Stable, <Commercial itental Stable,, Boarding Poultry Hatchery LIVestock Auction Livestock Feeding Plant, Pens or Yards Seconded by Ar. Pearson and unanimously carried (7.0), o.l 5.181. This is the petition of Sigma Tau Gamma Fraternity rr q sting a'specific use p,erait to opperate a fraternity in in office (0) zoning district at the northwest corner of West Oak PQ~po particularly Street . as y 1302 Street. West Oak Street~y is more Ms, Spivey stated there were 14 reply forms sailed to property owners within 200 foot of the subject property; 1 was opposed and zero returned in favor. Mr. Juren asked if any fraternity could go in at this site, or just this one applying for the specific use?, Ms. Spivey stated,t,lo specific use goes with the land and not with the-resld4~fts, according to the city attorney, Mr. Meyer stated th<} Commission could instruct the Plan- ning and Community Development Department to `keep an eye ,r T y7f!A_777, 7"R . .77 f A' z ci4,iA11us SeP>r*' er its 1Si~4 Page 11 on this subject for six (6) months. He further stated the city can backaone at any time. Scott Rosinskio Vice-President of Sigma Tau Gamma, stated this is too-newest fraternity on campus and has been it oxists'ace since'MAy of 1683. He stated $o~ae Qf the sccom- plishmeats of the fraternity as well as the charitle's they are involved with. He stated they have cleaned up tae area, painted and ;lave done some landscapingg, lie stated this request for a spoctfic use `permit '+i l allow them to display their fraternity letters on the front of the house. He stated the principle use is a fraternity n04 a at,OaK and Pry Streets And there are four members livtng'thare. He stated they chose this area so as not to, disrupt any residdntial area as other fraternities have,, He described the surrrounding isnd uses. He st ite.d'--.there ;is enouy~ h parking in too bAck yard to accoAddats those living there' and,also;for r~setings, He stated ,the fraternity would eventually like to buy, the house and are presently in a lease/purchase agreement., on question f coo ,+tr, Sid,or, Mr. Resinski ~ stated yes, they are agreeable to the conditions as recommended by staff, Mr. Aeyer stated we have received a, number of calls stating that a fraternity already exists there. Cdr. Resinski stated they leave h6ld one meeting there and three parties that have ended at midnight. He stated there are four members living there. On question from 14r. Pearson, ktr, Resinski stated six would ultimately live "there, on"question from Mr, Pearson, Mr. Resinski stated yes, they had been located on Avenue 8`arid moved as they were disturbing the neighbors, On question from Mr, Juren, :dr, Resinski stated they were a national fraternity, Mr; Claiborne asked htr. sesinski in regard to the fraternity house,l'ocated directly 'across the street from tue fraternity house in'question, wouldn't the traffic situation on Oak and Fry Streets be conjested if'they outa'decided to have a party on the sane night. Mr. Resinski'stated they have adequate parking and in his opinioin would not be `con jested. Mr. Meyer asked if these are four living there now, how many are in attendance for social events? Ar 7PIPTRI 711W Af1 7-1 ^'.°t" 4i F +:.e.r s~ 'yic "r , r~ ,~',Nll~utes ~ept~lilrM! il, 1ylA Past lt' Mr, Resiliski answered around 75 ppeople, We stated the major problem is durlna rush, which is t:te first week of each semeater when'they have an open party and it could be as many as 300` at one time, Mr. Orrin Freeman stated he owns property adfacent to this property, located directly west of the Yoartmannl s parking lot. He owns a small apartment house and has had several, complaints of the fraternity to the south on Fry and Oak Streets, He stated there is an_excoCIYe amount of noise' and creates a terrible traffic probleM in the area. He stated there is always several pounds of trash and likes-to keep his property clean and 3n better shape than when he bouight'it. On que,sllon from chairman Claiborne, Mr, Freeman stated $4* there has 'been a lot 'of litter especially the south ast corner and not just during rush week, He stated there is continual noise. Ms, Spivey stated this site is located.n a low intensity area,, Low intensity,area,pol'icies eno'ourait sone land usedi'versity if protection of ti1e neighborhood and' ad3a- cent'h'ousing is provided, but-discourage .concentrations of Multi»family, office,; commercial, And other higher density/intonsity land uses. The Development Guide specifie five criteria that diverse larld uses should met when pt'opos;ed in a low 'htensty residential area, oo stated tho criteria. She stated due to the fact that this neighborhood has already been,"impacted by,frater- pities, the hi'git density of the area, and the,heavy traffic at this location, staff recommends denial of S-i81, She `stated if the Commission is inclined to grant this request, it is suggested'tnat the following standards be applied; 1) No"devached signs shall be allowed. t) A six (o) foot solid wood screeningfence si4all be et+,rected and extended on the west property line. Mr. Resthikl, stated t14'e trash Mr. Freeman is referring to is the adjacent property; o'wder,. He staged the fraternity had aparty on fhday night and after the ,party picked up trash and on Saturday morning went dut into Oak Street and pror,eded to pick up trash,. He stated ti4Y `tam tried to pick:!an area which would have the least impact in the neighborhood and stated they have the potential to have a good naoW, On "question from M!, Sidor Mr. Res'inskl stated there is someone in the college administration to report mis- oidsrly conduct and parties to and they come `down harder on us titan the police do. 0 ri eptblrmlx, ly#4 P+s~• 13 Chair declared the public hearing closed, Chairman Claiborne stated whin he came to town 10 years a othe city fathers voted agsinst a fraternity row, wAich I rea11y don't understand, "lie stated the problem he has with 'the specific use permit is the Conjestion that it Ott cause at the intersection 'of Oak and pry Streets4 a commended Mr. Resinski for their activity accomplishments. On question From Mr. Sidor, Mr. Meyer stated no, accord- 1ng to the city attorney's new opiiiiop:s, the commission could ot request that it be approved: kt to exceed one year. Mr. $~Wor com0hted that since this is,* new fraternity, and since we don't know now they are going to act, he s. -would like to put a 't iae limit on it, Mr,,,Juren commented that they would not Out that many improvements into the property if they loose their permit in 12 Months. ,Ar, Pearson stated "there are stveral frsl'irnities in the area and most are 'adequately kept. He 'stated it is 7 usually fairly, a quite area and he intends to vote for it. ~ i Mr. Juren made a motion to recommend approval of S-181 with the following conditions: 1) No detached signs shall be allowed. i 2) A six (6) foot solid wood fence shall be errected-and extended on the west property line. Seconded by W4,Pearson and carried 4-2. (Mr. LaPorte i errand Ms. Cole voted no.) B. Recoaaend approval of the final replat of Township II, phase 1l (San Jacinto Plaza Si►opping center). ' Mr, 911i's6i stated this '12,17 acre tract located between son Jacinto Doule,Yard , Piney Creek Boulevard, Township il$ Pnase.ii,,,phase I, 'a ad the Ssg servite''rosd is zoned planned development (Pn=a for coiimerci'a1 land use.. 14e stated a ',proposed 60,000 square food Mervyn's Department Store represents the major user or anchor for tfie shopping center. Mervyn's will occupy lot 4 as e6tly shown, °I'n ad'dition`'to Mervyn!our se smarm tuildings with combined retail lease spice of 690182 square feet is proposed. Y' a~,PZl' +~i._177R rata rr'.Rnrn"vs!"t1 'f ^.fef'T?±~r P, yavM.1 t R 7r re {n, "FIV 'Ile s= 1 N0. AN ORDINANRE xNG A SPECIFIC USE Pkltt'ljjT FOR A rRATF~;t~1ITY; PROVIDING FOItREFERSNCINO OF SUCH USE ON THE 20NINO MAP Of THE CITY Ql~ D TEalA5, AS SAME WAS ADOPTED AS AN APPENDIX TO Tits CODE F OIEO~ C9S OF; TH! CITY OF DENTON TIVAS, BY ORDINANCE N04 69.11 AND SAID MAP APPLIES TO 1302 WEST OAK STKEET FIN THE CITY AND COUNTY OF DENTON, TEXASI AND DECLARING AN EFCTIVK DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HE1t3Y ORDAINSt SECTION 1 The Zoeing Clam sificetion.and Use designation of the property x looeted at 1702 West Oak, being more particularly described as ~i- fol lows l i` All that certain treat or parcel of land lying 'and piling 4 situated in the Cityy and County of Denton, State of tit,xa# a par of the to Puchalski Survey, and more particularly desori~ed as ~ollowst BEGINNING at a point 30 feet north and 10 feet west of the soukh.ast corner, of a lot out of said survey, convoyyed by Myr• E, Middle and` husband to Mrs, Mary A• Woodwards on November 14 1904, by Deed recorded in Voluae so, Page 631, of the Dead Records of Denton County, Texas-, the same being the intereeetton of the north Tina of West Oak Street with the west line of Pry Street in said City of Denton; THENCE west 90 feet to corner in the north Lima of West 'Oak Street; THENCE north 173 foot for corner; THENCE east 90 feet to corner in the west line of Fry Street; THENCE south with the west line of Fry street 113 feet to the place of beginning; which is classified as Office "0" District Claatification Use under the Cosprehenaive Za> ing Ordinance of the City of Denton, Texaa, is hereby granted for tno use of said property a speoifir. use permit for a fraternity subject to the following conditions and restrictions to-wit: 1. No detaahed 'eigns shall be constructed or maintained on the property. 2. Oa the weat property line & solid wood'fence shall be 4toctied and continuously maintained in good repair, Such fence shall be of aminis" height of six foot, except for the "front' ysrdl! where such fence ihall be of the mixiium height allowed by, the zoning ordinance. `A11' nroesssry permits required by the Code of Ordinances mall be obtained prior to the erection of any fence necessary to comply with the conditions stated he;rain. 5-181/SIGMA TAU GAMMA/PAGE 1 v < 4 r U4TIRP+ It. The Z6'004 Ms of tho City of Denton, Texas, adopted the 14th d y of January, 19690 as an Appendix to the Code of W dinanc44 o the city of Denton, Texas under Ordinance No. 69.1, shall be referenced to show the property heroin described being granted a specific use permit for the use approval herein, SCCTION 1110 That the City Council of the 'City of Denton, Texas hereby finds that such use is in accordance with a comprehensive plan for the purpose of pvtoottng the enaral welfare of the City of Dinton, axes, and w th reasonable consideration# o wng other things for the character of the district and for its peculiar suitability' or particular uses, and with a view to oonsorvia j the 'value of the b►lildinn4gs, protoctin` human lives, ani' eaoourasids the most a propriate uses of land for the "ximum benefit to the City of Denton, Texas, and its citizens t That this ordidanoe shall be in `full force and affect issma,dtately after its' a$sage and approval, the 44uired public hearings having heretofore -been held by the planning and zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1984. CITY OF DENTON, TEXAS ATTEST: CITY OF DL TON,.TEXAS APPK6VED AS TO LEGAL FOAM: JOE D.'M011AIS, ACTING CITY ATTORNEY CITY OF DLNTON, TEXAS BY: w~h S-181/SIGMA TAU GAWM/PA(;E 2 {a'~f I ~.1 y. 'y Y r ~~II~ ~ r ~t~~ _ l~'' !'D rNwM r a a~ A? moo ►PA 0 arr~ y E p: So I t- ~w 3 f , 3-181 r r _ ii i;~PTr..Tie`g~z•'a ~111111*4 Awo101RING cow: $110 P4` ft MR1 IATZW TO TIM CITY ~bUSCIL Too Denton City Council Case'No.s Z-1685 Meeting Dates October 2, 1984 GENERAL INFORMATION Applicants City of Denton (Zd Wolski request) Requested Actions Change in stoningg from agricultural (A) clasrsification to the planned development (PD) classification for light industrial use purposes unknown Location and Sizes A 130.6 acre tract of land located at the southeast corner of Jim`Christal Road and Masch Stanch Road Existing Land Uses Agriculturnl and one residential dwelling Surrounding Land Use and Zonings North - Agricultural, single family - residential, Southwest Cooler Servippi A, South - Agricultural, airports A, LI East - Agricultural, single family residentialr A West - Agricultural, airports A, LI Denton Development; Guides Area is designated as high intensity SPECIAL INFORMATION Drainages A branch of South Hickory Creek runs through the property and drainage will r ration at this site Transportations Perimeter street paving ordinance will apply to both Jim Christal and Masch Branch Roads. Jim Christal is a sec- ond ry major arterial with 80 feet of right-of-way. Masch Branch Road ~N ron" ^r;1 '"''ry,'~. .`:A~t ~.tg'R'. '"'~'~r t •'9 '^r' a n : r -s..y w++3sRt : i t~ (Cage 1 Z-148'0 P v 4e TWO SPNCIAL IMPOS ATION (Continued) i. Tran, portation1 shat~]d t~ a collector With ,60 feet of lay. dff site i>R,pt' ovmments (Continued)' right-o w r should b: considered to dim Christal Road as it cannot supporr, heavy p, traffic in its current condition. Utilities: Water service is currently not available to this sits. Water ser- vice can be extended from a fine at the Municipal Airptrt, The Hickory Creek sewer line crosses this prop- erty and 'provides service to this tracts Telephone and electric service can be provided ,§t the site. Gas and cable T,V, service are not available at this location, ANALYSIS This site is located in an area dei14noted as one of three higgh Intensity or major activity centers in the City of Denton. Lit tle or no control of intensity is.pproposed for high intensity or major activity centers. In,generel, major activity centers Are expected to be-the'major industrial, commercial and employment centers of the City. Specifically,.` the airport area is seen as the City's dominant employment centsr that will eventually result in a capacity of over 18,000 jobs in the area. The petitioner's request for light industrial noising complies with Development Guide policies for this area. Z-1685 was presented to the,City Council for its consideration on September 18, 1984, At that time, the Council was hesitant to approve straight light industrial zoning in the vicinity of the ;airport . Specifically, the Council was concerned that residential development could occur at this site clue to the cumulative nature of the zoning ordinance. With the consent of the petitioner, the Councii,voted to refer t~i• case beck to the Planning and Zoning Commission for considera~ ion as a pianned development. The City Attorney's office has informed staff that another public hearing will not' be neccessary'for this item. g Y 777, 't1 (Case 0 1-1665) Page Twee RE COMM UDAT IOW The planning w %oni" Co issibn.corsidered this iisi at its moettng of 8lptiabor 21# 119141 &hd v6t'id to recommend approval by a vote of 7 -'0 with the following conditionst 1. specific site plan'.Apr,NNk val will be required before building permits art- j,seued,, 2. This site is restricted to light industrial use only - n residential land use permitted. 3. All structures will be limited to two stories in height. ALTERNATIVES 1• Approve petition' p 2. Deny petition e' 3. Approve petition with conditions f ATTACHMENTS 1 Aerial 2. PD Concept Plan. 3. Reply forms total ( 09/18/64 public hearing) 4. P,rbperty owner list 5. Minutes of the Planning and Zoning Commission meeting of September 26, 1904 i r 07368 I oil IAN ~t f stye ' ~ ~ 'sf~ils „ o • ` . " •QOQ or lld• IN ~QORtOr ,"'Rd. , • e4b'Lti01 Rd. • , 40P k C j irchi1,C`e ° r b ,air I 'R 4i ° °so r 1 Fj'C Id' DE N TON s x ar ?r. aia:~C_'~' r_a► t~' ! o t.- 4 V l• V "I lit I ' • ~ 11 ~ 9 "ice ~ , i 1 i a ~ I ~ f s P, zm:f 68510 ` apt ~r-~:' 1 m 3. r , . , , .1 _ ' ; , . 909 %w aR s" 44 F - it Ilk a- AK r 0 a fit Z a' 1, t ; ' Q ~ „aYt~Ylt..~.~t i~lt~'f•r~ 1 .40 min Y r ;f -77 17 r7r Y r r ~ ~nwv lcorr luxvev r„=e: , , r Q w L-~ Y177 -TW GITX •CQUitCII~ 1-1689 (9/18/84 public haariiiq) INFAVOR IN APPOSITION UNDECID 'Margorot Weaver Russell Paul muddell 902 East Rahd4ll Route l; Box 409 Beeville, TX 78102 Denton, TX 76205 n€r~ , Druce R, West 5:. 15301 Dallas Parkway. suite 800 Dallas, TX 75248 t r, ~S { ~i, 77' TT i7mTr7IT" FM1.r 1 H good 4L add f, r r y dAjl AAA r 1 1 r' 1P ' V F 1 L X11 ' ' t y ~ ~~A klollrl s .,JV i s4 2 ti 'a!wr..ro'l.sy r• 111M 1 Y# i't$t 11, f ~ 20. CpAatda'at~0ea 9> A. Nske a reoos ldat to the city ;Coiirsq a request 0~6 fort a altsaaS+. itt ft= 1VO the a riau cWar (A) alarri" i li,oation to the p.►+Itl d develoao t 4104 illation -#OV (L1) uses 0414 1 0..4. apre tract loasted at sout9ean, onor of J3t ristal loud mad Maach Branch Road (Z-1683), Ms S1pi y atiited.'Z-im wes prasOO'4d to the Ci Cot~na l qr- its conridsratioA ohs Sap>»ber 15, 1954 At that time , the Cauadil was hesitant to rppnrmre str4i Hirt industrial soning in the viaiaity of t fba aport, 3p♦cifi4,ally, the Council war concerned that rasidenti4e dove loppu t could occur at this site due to the cumulative Ann re of the sonin ordiaanae With,the aonsout of the etitioner, the .Council;voted to, refer th # "so yysok'to the Pi,atiai s and 'Zo~it►g C4~issipa ~ar" aoaaideratiod as a platmar►d develgpa~ant. . City A'Pt;0"Yr *",t li 4e has inlorsrsd tta i' t is orbAr iN* ' x li %Wt be neca#tsary or this Still isth~4r s,tat iti►t! roidonwelds approval of Z•16S S as a planned dawlopen t . I Mr Beau, >aade a motion to rorospwead approval of Z-i"S with the fol'lowi ni conditions ; 1) Specific site plan approval will be required be fore building permits are issued. 2) This site is restricted to light industrial use only - no residential land use permitted, 3) All structures will be limited to two stories in height or a maximum height allowed by the Airport height regulations. Seconded by Mr, Juren and unanimously carried (7-0), i ~ a 1 . 08tDY 90100 MA? C1 of, C I} 0~ i 1101 PAW Aft P iH ~arAS. ~c ' IS tA~ITY Y DftS X1ED ro1tpU` 4'0 MDE tO1t C~iANtit Ill GtABiYwICATx44i . ?EOlt AORtCU41'U1tA1.p ~p ~IS'1'RICT~ C WS I Ttoo 00 'USE Put 0NAr10N r0 N AMf1tD OV N "tD' W AS$I1rMAT,ION AND USE DESIGNATION; AND ?E IDI va AN LrrgcTIYE DAT=. THE COUNCIL OF THE CITY 0! DEY"o TLXAS, HEMY OAAAINS: 'r SECTION I. t rbat tbo woinS olaasifiettiab sad use desiSoattoe of the followift des'pribed,property, to-wits !f'` All tj't asrtain ,tXiFoR or `parciiof land situsted Jo the John Scott, i ey, Abstract No. 1222, Denton ounty, tons 0, being a h. part of a (eallsq 129.44 sore tract 404stibsd to a deed from V r it and patella grown t,o 59 A. waver at ux► to the 8th i. day of Decaabor, 19S1, recorded in Volumm 3~6, ?a a 1690 Deed yd of said County. and being swse fully 1easribed as - µl,l = BLGINKNO at the northwest corner of said 129.44. aora tract which is the northwest corner of the John Scott Survey and the southwest corner of the W, Bryan Survey, Abstract 148, on the east boundary line of Match Breach Road; THENCE north' 89*5614514 'east in and near Jim. Chrystal Road (East- wrst) and with the north boundary line of the J. Scott Survey a distance of 1889.19 feat to an iron pin at the northeast corner of said 129.44 sore tract; THENCE south past at 22.4 feet a fence corner and continuing along and near said facto a distance of 3958.00 feet to a fence corner at the southeast corner of said 129.44 acre tract on the south boundary line of the J. Scott Survey; THENCE north 89°52'35" we►tit with said survey line along and near a fence a distance of 764,20 fast to an iron pin at the south southwest cotuor of said tract; THENCE north along and near a fans a distance of 1333.00 feet to an iron pin at an inner all corner of said tract; THENCO south 89"47145" west a distance of 448.13 fast, to as iron pia at the southeast of a (called),6.09 Bare treat described in a deed frog 1. A. -Waver, at " to'the City of Denton on the 5th day of October, 1477, recorded 'in' Volusie 857, ?age 5230 Dead Records of Denton Coudty, Texas; fast on it thnorth e northeast 6 cornor of distance said City of De ton Tract, an iron pi TNWC sou4d_69.47145" want a di'stames of 7,43.52 feat to an 'iron pia at the northwest corner of said City of Dedtoa Trott on the z-16e511D Yo1.aK:IrACE'l t N `I.. ~h,*l,rT N 1 f'•{~, I t..V: xN~ S1IM1~'. n,. fi'~!~.' ~i'll ~T~;'.` Yr y SMt`~A d"#e,n `1 ; ~i a i Vast beuad+►sy lino o9 said 129.44 sore tract to Wch !ranch (load 404 on the west bounidar? line of the J. Scott 8ut"y; rocks "*orth %at% the wait 171 of astd tract and of said survey in ""4h hragobltG l it( of 2i26.47 lent to the point of basinniA4 and ooetaiains lab. 99 acres of low; is 3ornb o 60* 0 Mar riau rural' ofl' `MMstf cat i4+q and use oisisad ion to rl lopsiiat 'TDB lassi !cat on and use to Jimolt L bt Industrial land use destination under the cosprahansive sonia$ ordinance of the City of Denton, Texas. I BUT121 114 That in approving this plaaaed'daveloposot district ordinance, the C#y Com"Ll be"Oy approves a prel6iiaary, site plea eboviag the ieastal 'Oe"doed rlind use vtWit the district. Drior to the issuance of nay building petiiit for dsvwlopeent within the district or part thsraof,' a aa+proho"t" sits plan shall be { sequirpd to be avls►ittad sad approw4 as part of this ordinance in f O dines. with Article 410 IX b•topinl, o, the Code of That prior to issuance of any certificate of ocoupenoy for the use of any buildims wiUiin the planned dewlopsent district, the following conditions shall be met; I.. Specific site plan approval will be required before building parsiits are issued. 2. This site is restricted to light industrial use only- no residential land use persittad. 3. All structures will be limited to two stories la height. SECTION IV$ That the developwAt of the propertX shall be in substantial cospliaaee with the site plan attached hereto acid trade a part hereof for all purposes. The Zoning Map of the City of O*ntoa, Texas, adopted the 14th day of Janus. ry, -1Q69, as an Apptidiu to the. Code of Ordinances of ,the City of 060660 Texas under Ordinance mo. 69-10 'he District, Claasssification and Use hereby subject amended to the above conditions and specifications. S rLCTL,may Twat the City'Counoil of the City of Deatoas Toast hereby Linda that-such chines is it, accordance with a coeprehans'ive plea for the purpose of pemotio& the' sseasre,l, welfare of the City cf Denton Taxaao an with reaaonabla conaideration, amizza other things for the character of the district and for its peculiar suitability' or ppastioulor uses, end with a view to , protecting human live coasesv the value of the buildings s and eneo r tag the most appropriate user of land for t;Y waxiest benefit to the City of Deatoa, Texas, and its citisens. 1. f:. Z-1665/0 WOLSKliPAOt 2 Y 1 n TbA tl it osd boll N ilk :toll gom 0A4 oft et irbo#inkoly , ttos its oyo oa4 rorMl, tM sNuitN lic r,. boobi~i hor9to ot9 ;1NM bal! 1y xhl~ llagaiy ~ lad C~ ioM 64d tbo Qity C64"Ll of tlao City of 046too, T"" 0 .r •tt~riviaa sus aoRieo tlwrooffi, !AMMO AND Al'fIWM this th* dq of 1964. NWIMMT "Alm CITY OF WO Ms '1 AO r, ATMT T~tAs CI 01 DO= AtPWM AS TO 1. A~. !CMl1i g Jtk 0..: "*Us. Cl" ATTOWW CITY Oy DiM1 0l1~ TRW by l iL_tlC♦dCL_ x r'" ~ Z-I6AS/=D 1i0L8[I/tAOi 3 it ' tL°ST`t .R"i -1?'i~ i V,~ ^r•: .17771 K3' r f~. l l i 1 t ' t a l/ r, V t ~ t♦• a V l l V♦ t t t M t 1"R7 {LRVtr IIOr S i _1 mow. I ~ ~ 4 M 1i1fr1 ♦aq ~oHw scow wRVSr ♦.Itt~ • 46 i f I r 'fit f F 1 I t I i f o u l 0 A n r n 1 Ice i 'A 'rot "'F- 77717"~ 7`7' S t K ' _ r j i t+ffyot'DL'w", TZlCAS MUNICIPAL BUILDING / DUNTON, TEXAS 76201 / TELEPHONE (817) 566.8200 N MURA>NDUM DATE: September 26, 1964 TO.$ Betty Ko>Kean, Assistant City Manager 1 ?ROK: Ann Biam"n, Program Administrator SLWXCT CONTINUATION OF htMVATION OF CITY HULL in order to Proofed With Phase III of"i:he renovation of city H1411f I would like to request that the ordinancos' Optpving ih4*04hdaat,Contradtorla Agreeme~ats with Jerry wri~ht, Space P144hor, dbrry Prederick, Construction superintendent, and Richard Cooper, Mechanical Engineer be placed on the City Council agenda for considerAtion. Ann Singman ar Attachments 01241 ni t'"'uw,."'T'T"PvT'~*'PN_.-''~'? ' AV NO. , AN ORDINANCE or THE CITY OF DENTON TEXAS AUTHORISING AN A MENT FOR PROFESSIONAL SPADE PLANNING SERVICES FOR THE 'iENOV ION PROJKCTS• OF THE MUNICIPAL BUILDING; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Counci, of the City of Denton is desirous of renovating portions of the Municipal Building; and WHEREAS, the City of Denton wishes to retain the services of Jerry Wright as a donsultgnt for professional apace planning services to complete the renovation work; and liF1F:R"So Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shalt be by ordinance; NOW, TPICASPOAX THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDA1NSt SECTION I. That the Mayor and City Secratary are hereby authorised and directed to execute and attest, respectively, the agreesent between Jerre Wright, as a consultant for professional space planning services, and the City of Denton in reference to certain renovation work to a portion of the Municipal Building under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION 11, That Chia ordinance shtrll become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of October, 1984. KIM0 0, j MAYOR CITY OF DENTON, TEXAS ATTESTt CROW" ALLEN, GM SECRETARY CITY OF DZIMNO TEXAS APPROVED AS 'T0. LDGAJ. YORM: JOE D. MOMIS, ACTING CITY ATTORNEY CITY or DENTON, TEXAS By., -.ovn.T,w•'~i+p "w;. 7- P:mx. I INDEPENDENT CONSULTANT'S AGREEMENT THE STATE OF T1:XAS 9 KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home Kul* City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager, and Jerry Wright, hereinafter called Consultant, hereby mutually agree as follo!4t 1. SERVICES TO 1.1 PERFORMED: City hereby retains Consultant to perform t:4e hereinafter designated services and Consultant agrees to perform the following sorvicw At To provide professional space planaing' services for the Municipal building kocovation Projects. 2. COMPENSATION TO BE PAID CONSULTANT: City agrees to pay consultant for the services performed hereunder aaa follow A'. An hourly rate of Fifty Dollars (#50.00)) not to axe *ad a total sum of Five Thousand Dollars ($5,000.00). B. Dates of Paymantat By monthly invoice. 3. SUPERVISION AND CONTROL BY CITYi It is mutually understood and agreed by and between City and Consultant that Consultant is an independent Contractor and Shall not be deemed to be or con- sidered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Consultant or any employee of Consultant, but it is expressly understood that Consultant shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS.i All payments to Consultant under this agreement are to be'pafd by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. PAGE 1 4. SERVICES ANN SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Consultant the following services and/or supplies: A. None. 6. INSURANCE: Consultant shall provids at hie own cost and expense workmen's compensation insurance, liability insurance, and all other insurancs necessary to protect Consultant' in the operation of his business, 7. CANCELLATION: City rosarvos the right w cancel this Agr.eaent at any time by giving Contractor fouriteen (14) days w*jtten notice of its intention, to cancel this Agreerent, 9. TW- OF CONTRACTt This Agreowt shall commence on the 2nd day of October, 1984, and and on the 31st day of May, 1985. EXECUTED this the Ind day of October, 1984. OITY OF DENTON, TEXAS BY: RICHARD 0. NTEWT, FGMK ATTEST: CHARLOTTE ALLEN; CITY SMETM APPROVED AS TO LEGAL FORM JOE D. MOR(RIS* ACTING CITY ATTORNEY BY:- CONSULTANT PAGE 2 7 y i . I~TCS.7,7 `7 'ter ' 7 `77V77 7, F r i NO. AN ORDINANOE OF THE CM OF DENTON, WAS AUTHORIZING AN AGREEMENT 'TETION THHE HVROJ T CHUI UIGj AND CTION MA COI.AItINGR0 EFFECTOIVE DATE PROJECTS OF WHERWA tho Council of the City of Denton is desirous of renovating portions of the Municipal Building ; and 4 1, WHEREAS, the City of Denton wishes to retain the services of Jerry Frederick as a contractor for project construction" manager to complete the ronovatiar work; and WHEREAS, Section 2.04 of the Charter of the City of Denton, Texas requires that every sot of the Council providing for the expendlrire of funds ')v, for the contracting for indebtedness shall be by 'r'rdininga; WW, THEREFORE, THE COUNCIL OF THE CITY Or DENTON, TEXAS HER£AY OADAINS1 SECTION 1-. that the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between Jerry Frederick, as a contractor for project construction manager, and the City of Denton, providing for renovation work to a portion of the Municipal Building under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of October, 1904. , MAY CITY OF DENTON; TEXAS ATTEST CITY OF DEMN9 TEXAS A1+P1tOVW AS',Zb LEdiA FWH: JOE D. NOWS,,ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY',' Y~ r INDEPENDENT COL2 CTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home kule City situeted in Denton County, Texas, hereinafter called "City", acting heroin by and through its 'City Manager and Jerry Frederick, hereinafter called 0ontraotor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORM E'sl City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi To serve as Project Construction Manager for Municipal Building renovation projects as followaf A. Preparation of all necessary bid documents; B. Evaluation and recommendations on all bids received; C. Management and supervision of all work crews and subcontractors; D. Scheduling of all project activities; E. keeping 'complete and detailed records and accounts for financial management of the project; F. Development of a critical path schedule for demolition and construction; G. Other duties relating to management of the project as assigned by the City Manager or his designee. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Six Hundred Dollars ($600.00) per forty hour week not to 'exceed a total sum of Twenty-two Thousand and No/100 Dollars ($22,000.00); B. An additional One Hundred' Twenty-Five Dollars ($125.60) per forty hour week as compensation for use of contractor's private vehicle; C. Said coos Ipensation to be paid weekly within three (3) working days of submission of an invoice by Contractor. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- iidered an employee of the City of Denton, Texas for;the purposes of inoome tax, withholding, social security taxes, vacation or sick PAGE 1 ^T!7 tox....v.-~ '^]RC"yv+~^s sa. .rv;^ :'r-i leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Contractor and any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 44 SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE:. Contractor shall provide at his own coat and expense workman's compensation insurance, liability insurance, and all other insurance gecessaty to protect Contractor in the operation of Contractor's business. 6, CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this 1 Agreement. 7. TERM OF CONTRACT: This Agreement shall commence on the 2nd day of October, 1984, and and upon the completion of the project or the 31st day of May, 1985, whichever occurs earlier, EXECUTED this 2nd day of October, 1984. CITY OF DENTON, TEXAS I RICHARD . MWART, MAYOR I ATTEST: CW=TTE,ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORK JOE D. MORRIS, ACTING CITY ATTORNEY 11 BY: JERRY FREDERICK, CONTRAC-OR PAGE 2 r ns~-• --ems-.x.-71 ,177N?"E"' NO. AN OK01NANCE OF THE CITY OF DEMON 'tsW AUTH041ZINQ'AN AGREEMENT FOR MECHANICAL AND ELECTRICAL CON$41, ING ENQ;NEERING SERVICES FOR THE RENOVATION PROJECTS OF THE HU141A PAL SUILDINO; AND DECLARING AN EFFECTIVE DATE. . WHEREAS, the Council of the City of Denton in desirous of renovating portions of the Municipal building; and WHEREAS, the City of Denton wishes to retain the services of Richard Cooper to a consultant for mechanical and electrical engineering services to complete the renovation work; and NHERZASt Section 2.09 of the Charter of the City of Denton, Taxas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness she 11 be by ordinance) NOW, THLROPORE, THE COUNCIL Of THE CITY OF DEMON, TEXAS HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between Richard Cooper, as a consultant for mechanical and electrical engineering services, and the City of Denton, providing for renovation work to a portion of the Municipal building under the terms and conditions being contained in said agreement which is attached hereto and made a kart hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of October, 1984. . , MAYOR CITY OF DENTON, TEXAS ATTEST; =tME, =9N, CITY bECIRETARY CITY OF DBNTON, TEXAS APPROVED AS TO LEGAL FORM JOE D. MORRIS, ACTING CITY ATTORNEY CITY or DEMON, TEXAS BYt~ Y11 u2,+ i '?.'',"~r"`s.tRrr -s°,,Ien.t'_ ,y.,~ .ri~~'°~7,41., ~,A,,,,.,,r,.,~ ] -4t "d` ~,v w~rm*+rtea--r. INDEPENDENT CONSULTANT'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Taxas, a Municipal Hom4i Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Richard Cooper, hereinafter called consultant, hereby mutually agree as followsl 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Consultant agrees to perform the following services: Mstahanic,al/Electrical Vnginearing Services for the 2,438 square feet'of addition to existing west wing structure and the renovation of the canter main hall area of the Municipal building as followa: A4 Preliminary examination of the site 'and review of existing mechanical and electrical systems; B. Preparation of engineering drawings, bid, documents and specifications for HVAC and electric power/ lighting systems, plumbing systems; 0. Evaluation and recomwendations on mechanical ann electrical bids received; D. Electrical and mechanical construction administration services to include periodic on-site observation of the work and review of shop drawings and submittals. 2, COMPENSATION TO BE PAID CONTRACTOR: City-o.,,,rees to pay Consultant for the services performed hereunder as follows: A. A sum not to exceed Six Thousand and No/100 Dollars ($6,000.00); B. Said sum for Consultant's services shall be allocated and paid at the completion of each phase as f^llows: a Renovation Addition Preliminary Design Phase $ 788.00 X1,312,00 2 'Construction Documants " (Drawings 5, Specifications) 900.00 1,SOU~.00 3 Bidding and Negotiation Phase 112100 188.00 4~ Construction Administration Phase 450.00 75,0.00 ,llani.mus:Guaranteed Compensation $61000.00 3. ADDITIONAL SERVICES; Services other than those outlined above will be considered to be additional services and will be PACE 1 1 c 9 u 7MIT, TT';; .;!gA'AT.thfi''7 ms', m. -,.s,.-;'v+.l•e :ix +W" A!,ii""f " ..u. -1 i performed only alter written approval by an authorised represents tive of the City of Denton: Additional services are defined ass providing services relative to future Uoilitiee which are not intended to be constructed as part of this project; revising drawings and specifications when such revisions are inconsistent with 'approvals or instructions previously given, and due to causes beyond the control of the Consultant, preparing aa•buiit drawings; or providing any services not included in this agreement or not customarily furnished in accordance with generally accepted engineering practice. Compensation for additional services shall be hourly based on the following schedule: K*Oistered Professional Engineer 0'00 Draftsman 2700 Seoretary/Word Prooassor 120:00 NOTE: The following services are specifically excluded (rom' this agreement and will be considered as additional services if required: 1) Construction' management services involving preparation of project schedules; 2) Doti n of plumbing systems for new or renovated restroom facilities; 3) Design of speciality communiections or data proeeesing j systems, other than conventional telephone system; 4) Design of specialty electrical or mechanical systems other than kVAC and electrical power/lighting systems. Xxample- Pneumatic Tube system such as in new Police Station. 4. SUPERVISION_ AND CUNTROL BY CIT.Y: it is mutually understood and agreed by and between City and Consultant that Consultant is an independent Contractor and shall not be deemed to be or consid- ered an employee of the City of Denton, Texas for the purposes of income tax, withholding, sncial security taxes, vacation or sick leave benefits, worker's compensot!.on, or any other City employee benefit. The City shall not have supervision and control of Consultant or any employee of Consultant, but it is expressly understood that Consultant shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City'of;Denton'or his designee under ''this agreement. 5. KEIMSUKA6ALE E%PZ#6w.S: Reimbursable expenses are in addi- tion to-total compensation and shall include actual expenditures PACE 2 37-77777- -7y , made by the Consultant in the interest of the project upon prior approval of the City Manager or his designee. These expailditursa will typically include the expenses of repro-Wotions, postage and handling of drawings and speoifications, long distance phone calls, and out-of-town travel 201 per mile) if required. 6. SOURCE OF FUNDSi. All payments to Consultant under this agrasmont are to be paid by the City from funds appropriated by the City Council for suuh purports in the Budget of the City of Denton. 7. INSURANCE: Consultant shall provlde at his own cost and expense workmen's componaation insurance`, liability insurance, and all othow insurance deemed necessary by Consultant to protect Consultant in the`oparation of Consultant's business. 8. CANCEL, LATIONs City or Consultant reserves the right to cancel this Agreement at any time by giving the other party fourteen (14) days writton notice of its intention to cancel this Agreement; provided, however, the City shall compensate the consultant for the balance of all unpaid fees earned by him as of the date of ouch cancellation, 9. TERM or CGNTRAM This Agreement shall commence on the 2nd day of October, 19840 and and upon the 3lst day of May, 1985. EXECUTED this the 2nd day of October, 1984. CITY OF DENTON, TEXAS RICHARD 0. STEWARTj MY I ATTEST: MARL TTE O APPROVED AS TO LEGAL FORM JOE D. MORRIS, ACTING CITY ATTORNEY BY. CONSULTANT COOPER, KT=D E7 PACE 3 7-1 Cl yoi "NI"^ MX" MUNICIPAL BUILD(NG ~ DENTON, TEXAS 76201 / TELEPHONE 017) 566.8200 MEMO DATE: September 14, 1984 TO Chris Hartung, City Manager FROM Chief Gentry, Flre Department RE; Ordinance of Setting Fees For Inspections and Permits We have chosen' to present this ordinance to provide a fee structure to be used In the fire safety inspection and permit program. This ordinance is the companion of the 1982 Uniform Fire Code. Attached to this memo lawn ordinance that is enacting as a part of new Article 1 of Chapter 10 to provide for setting Inspection and permit fees. I I ck entry, Ire C e JG lec a, ,r I i NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS SETTING INSPECTION AND POKIT FEES AS PROVIDED FOR OV AATIC4E Ic CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF DEKONo TEXAS REPEALING ALL ORDI- NANCES IN CONFLICT HERFWITH1 AND PROVIDING FOR AN' EFFECTIVE DATE. THE COUNCIL OF' THE CITY OF UENTON, TEXASi HEREBY ORDAIM $CCTION 1, That the fire safer;, inspection fees and permit fees provided for in Section 10-4 of Article I of Chapter 10 of the Code of Ordinances of the City of Denton, Texas are hereby set in the foliowing amountsc 1, Building Fire Safety inspection feea provided for in section 10-4(6)1 Interior Square Footage F±• 0 to 6,000 1500 over 6,oo0 to 12,009 30.00 over 12x000 to 24,000 60,00 over 241000 100.00 2. Permit Fees for Fire Safety Systems and Storage Tanks provided for in section 10-4(b)c (a) automatic fire extinguishing systems $ 50,00 (b) fir-a protection sprinkler systems $0.00 (c) fire detection and alarm systems 50.00 (d) gasoline or LPG tanks 50.00 (e) standpipe systems 50.00 3. Permit Fees provided for in section 10-4(c). Fees for all permits required for all businesses or activities required under Section 4,101, of the UFC, (being the enumerated activities and businesses 1 through 46 therein), shall be $25.00 per permit except as otherwise specified herein as followsc (a) The permit tee for 02. Repair hangers01 012. Dry cleaning plants") 113. Dust producing operations"1 021. oariges01 •24. High-riled Combustible atock"1 038. Places of ass*%being") "44. Tire recapping" and 045. Waste material handling plants" shall piny a permit fee based on square footage as pro- vided for in building fire safety inspection fees set out in 1, above. (b) The permit fee for 06. Burning in public place" or 04. Bonfires or rubbish fires" shall be $50.00 per day. (c) The permit ,~'ee . far 1116. Plasm Able or combustible S liquids ar',tsnkr, ;hd 026. Hquified pettolbum gases" shall be $50.00. { PAGE 1 rTi'T F. ~T'I t1g`^ 4 1\ .77 J t 1 1r 1 1J rl r J 1110- 1 1 SECTION II. All ordinances or parts of ordinanoes in faros when the pro- visions of this ordinance beeomo effective which are inconsistent or in conflict with the terms or provisicno contained In this ordinance are hereby repealer to the extent of any such conflict. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1904. RICHAD 0. , MAYOR CITY OF DENTONt TEXAS ATTEST; CHARLOTTE ALLEN, CITY SECRET ARY CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FOW JOE D. MORRISr ACTING CITY ATTORNSY CITY OF DENTON, TEXAS BY; PAGE 2 a f •i. J'h. Jd'°tl, .J Sul ~7JV..f_.x,z_I~ i ro b' xS;'n^9Rw ~tp'+~rg.n.. fi~rtw~~ crv m . ..9ra3(-ii~yn .,~.~vr .-t nwq .r,n + s~ 4ctaber 2, 1984 CITY COUNCIL AGENDA 1TBM SU13J13C1`: Consider Abandonment and Quit Claim of an Unused Easement on Property `Northeast of 1-35 and Prairie f,t, (Near Proposed Mill Run Apartments) SUMMARY ; 'rho property owner has requested that the unused easement be quit claimed in order to construct Mill Run Apartments. The request has been approved by the Development Review committee in their JOne 5, M4, meeting and by the Public Utilities Board at their meeting of July 24, 1984. 1 FISCAL SUMMMY; { Not applicable. ACTIuN RINUikgll; City Council approval or disapproval subject easement quit claim. 4 ALTERNATI VhS Deny request. RECOMMENDATION O The Development Review Committee in their June S 1984, ~ meeting and the Public Utilities Board at their meeting of July 24, 1984 recommended to the City Council approval of subject request. Respectfully, I /x R. H. Nelson Director of Utilities I EXHIBIT I Location Map II M,inuuies- Development Review Committee-June 5, 1984 111 Warranty Deed with Vendor's Lien IV Unrecorded original easement V Minutes PUB Meeting of 7/24/84 Vi Resr:iution Abandoning Basement 3zl6U:1 F~ 1 c u. ty, , Minuos Dovelopeent Reviow Committeo June S, 1984 p DRC Members Present: Jackie Doylo, David Ellison Wayne Horsley, Don McLaughlin, Koorosh 'Qlyat, Pommy Stone, James Johnson Tex Stewart, David Ham, and Harlan JeFFers~n Pngineer Represen- tative Present: Jim Reiser 1, Review"of quitclaim request of Mill Run Easement A. Engineering Recommend quitclaim Water, and Sewer Recommend` quitclaim C. Electric r Recommend quitclaim Building Inspection Recommend quitclaim E. Transportation Engineering Recommend quitclaim F. Fire Recommend quitclaim G. Parks and Recreation Recommend quitclaim H. Lone Star Gas Recommend quitclaim R Y~ "1 v rp :9 l 1.1{: F yA.'p w6 k iMi~au~A~ ' Ooveiopment Review Co"ittee 1l un Usemo:nt no 1984 Page Two I, G.T.A, Recommend quitclaim J. Cox Cable Recommend quitclaim K, Planning and Community Development Recommend quitclaim, Contact Don McLaugghlin ('566.8246) for information on process from th.ts point. {Public Utility Board and City Council approval required) I r I ~f I 0010a u ue `d T, -7771- r 8 C NSi AN114 S VIG S NT C? 64A Alt VgArEM 2M.- _Mir Nelson opentd discussion on thin item by covering the The r alteriiatives or compensation to Slack and Ve,atca, Staff recommends labor rate time 1.85 with not-to-exceed, exniblt 111 $241,000 design and $100,000 res. engineer. Out-of-pocket is direct without multiplier, Contract has a maximum of 51 salary escalation per year and includes $10,000 For additional FERC licensing. Project will be funded by bond funds. Boyd questioned this, desiring to wait until the bond funds are available, The Board expressed a desire to visit with Black and Veatch prior to approval of the pproposed engineering contract. No definite dates were established at this time for such a field visit. No further action taken, At this point, Edward Coomes left the meeting (8:1S AM) to teach class. 6. CONSIDER QUITCLAIM Or MILL RUN BASENSENT: The property owner nas requested that the unused easement be quitclaimed in order to construct Mill Run Apartments. The request has been approved by the Development Review Committee in their June 5, 1984, meeting. I? After a briee discussion, Herring made a motion to recommend to the City Council approval of the abandonment and quitclaim of the Mill Run easement, second by Thompson, 4 ayes, no nayes, motion carried. 7. CONSIDER PROPOSED OVERSIZE AGREEMENT WITH JOE BELEW FOR A N' WATER IN ON- IS PROPERTY M N R DRIVE ALONG LOCUS STREET TO UC L LANE: David Hasa presented this item to the Board representing 3,b50' of proposed 12" water line on North Locust. The Hogan and Rasor Study shows an 18" line would be required. However, there is presently a 1211 line on the other side of the street, and rather than putting in an 18" line, the staff has determined that the existing 12" line plus the proposed 12" line will give sufficient capacity to equate to an 18" line. To oversize subject line from 8" to 1211, using existing bond funds, would cost the City $29,200. t Mr. Joe Belew is developing housing units adjacent to north Locust Street. The Utility Staff is desirous' to participate in oversizing the 8" waterline which will serve his development with a i2" water transmission main in keeping with the Hogan and Rasor Study to improve water k service throughout the City, WNVrES PUB 7/24/84 i c v! c Ju t + J P r..~ T`t t<7l0. l~f as .q i'~i .i2hL_u ua"'.:'s1 sS. ic' i3j i'sal~~i4b,Yl~uk'.`~~i, aivu • ' I A111t RIN A11118)offo s w P i f'A"E. 61f N I v,/ n .u f r In Iu ,weni>'aru ~s z PRAIRIE . -ip i~urdqu+rJ .JTW _ rw 'YVVU~aeriurt UL CAII I Mio fir ri.+uif/U. u w lYl[A MILL RUN Af~ARi-wN7s rMnwN xr n f ON T9Xi . BASEMENT AOANM) F-a ~ F r1 MILL RON kommoEM'S w a' casc~N r 10 BE ABMWOt10 fn ~ W_ Z , z ; o ' m S PRAIRIE W e. so. ACCr. Mo. wealuo rr ptWeMIM' D[f'M1~NlYI'f 4w Puf m NfINT WLL AMOTMENT$ oe~w~ J1. Iw. : w MT9 CITY 60 raw*". Tsi x" EMDAENY' Ab'ANO D ,wR"°.'~?T~~IIT"' im+~.s- rrrc +.vrlS?5"'R{iPra;.wati m.rra,r frt'y3.nTi£r l'ir ~y i°~ J ~ r,~~ r~ . t 1rtlKpM OatNMal~4rOC 1 PniaPSd b 1M OW IN 40 Ywt let ew ►r 14w/" µr AOV** 1 nn•~ rr!2 t.l't{. I1.vMMl,n iaalMde Mwe4't WdteN lNt µ14, ACS! 1,1,4 waR *rY n U's DORI$ r. t t rlIa STAra or T VAS IIRu,. COUNTY OF plNTON Vial Qnlq Catheum Inteepelses, Ine„ ♦ 10446 Co"fatlM 1+ Of the Cnunty of Dallas and Stan of Tawas for and io t'Ms%1dMti6n nl the 1091 Of TM and A61 1104 ....«•••~~r••~~»•......... ' DOLLARS and Whit valuable ConeWMlion to the )uadontgned pow Dy the ¢nwte h&mIn natntJ, t44 welipt of which ncml,v nCFnowl¢t-N. MJ the lvmhor mmkI rotim of the ewsoullon {nd dtllvtey by CefinNf of Itt on8 Cortaln f+rerilson, Neto of *Ytn data hfrlfwi!h In tha'prlmolrol IUR of two Mwicn rune hundrod and 1WMty flea thr!usanq Ylve hurtdrr! dflfars (lit M. ¢001, psyllow to "nt LrOtr of Ye"On Sdvings and LNn AsSetutlen. ► TIM Slvinq► +tnd Lan APlnCiatlen, m its 001:6 im the Clty of Vernon, WllbargqM County, T4941, 40 thereln pro,/idQd {nd pwlmq Intee"t at tho `stfs theriln. spetlffod amd onY!dlnQ for 1C101erat+on of matur!ty E 16 event of default snd for attorney's YNs; l I 1 t t s A.) Y0 14t h wt j..t ,m [ho low"I.Lan sC,:Ih' :at'Id A 1'iA~thort3lQ ra.. i ,"4..E T7n tl..L4'!14}, `C.r ! r!%PT CO •nr rn ,r7n, 1v: ~lCt lh! ^:SC~:J: ",)''1Q'Q'nir.1! rJ^A,. trn S!4 1 1'.74"'4" ~artt0 MC !C ^L S1QG `!"i+••:' r7• L "aef. Apr I r 1 t:~~''!E1",~ j.,. ~.r-,:..-- we p"C'~v<<•I r ,a l'3~'.~°~F°`':~ °5 'f"*P!7';~7f4W:5."Ik°'~'':°.,Y."''gFS';~'."g5n41 'f'].".°i^-.A~i,~i:Y9!'?;PHS" "n,•Y"'Ar!' . y, TUC •a" t 4l:Sia 4 tr4tt at tand situated In the it t40414M sur §;y AM$%r4tt M, 44A%go OwtyY, :t944, and '04ia9 part } at 4 ilrst ;raft rowtot lh "'44 ao 437, ?4q* 4$4, Data i ioto4dsl mal pats of 4 Idssiul :0441 41 tooordod in 'volume f 444, too. 441, D4sal of Rottrds, Oor%w County. :oKa4, "t hokal mtrt 04rt44u14r1v 4464rl4od 44 tel:0wol 1 sla: 2NOS as s *tool 40snet peel n46t s tense 4orhor 4e ahe ?iet141e44t aerher at the 2.726 Attu traot 4eetri4e42 la value* 4#40 0440 442 D4et Records, Slen14n 440un:y, OX&S ; r '.K2::3L sdu4h C dotrooo :1 Alnuto4 At sotonas Wost $24.0 tsa: t4 an lren red on the North ;lnd at tr41r1s streotf ! :HIaCi scuts It ds4reeo 3s minutss 04 8e44ndo usst vith Ut Noe::+ eaph:•4t•w4y at 14.4.4 1trN4 6.26.s$ ':«.1 to 4 lexa1 $:4te K:4ns+4y mOnu1<ent,. 4413 :en46. 1%448 H1Q~~'«a'r ao:mq LA tae 940% rirht•tf-W4 :n4 of inwO14:e K:v~'•'ay _ NO, 33.40 retorted In 1414me 143, tale 31:1 0 40t 1te4erdl Of aena4ti Ceuni'/,o+ies; ` :3t! 3! Ndr'ih'ss 4wross 44 mmtol $3 Io44ado west 73,25 Sena lo:lou:nQ uo. tast A..2.w. at gold ;,K, 713, to 4n i lren rod for>e4rnarf :'tY:,:X t70sth 00 OdQSOat +L4e 47 $so n41 L41: ~ 6:7,13 30at44 4n lron red tsr 4ornlr, s41d :ran rod 'aa:n= lr. :ha ::ar:~ 11tre of.la~d,1::.,Atr4_;r4t1 44 r4o1rd4as.;A ~'e;ar♦ 41, taro 211, 310t aetsrds, ~eatam 40'.4nty. SA441 tauth 34 4e4sots :3 .%mit4s 31 1040 40 X4$: .36.10 toot 91:lsw:n4 umo ,vart 11n0 of ssta /4 4ar+ 4rac: j :a sa. tCi;' S! It~:;3t:Ya, an: :or,tu:: ; :33, S.1,43 a~.bre fee: or 3.063 44r41 at land. I , 1 t1 1 1 i i~~v. _7 IrT1W 1, p air 'P AFT, 1 1, r;77 i ~ Ytrl o f 11x r~ I i SS:.44 a tlraq% of land oit4atdd In Rhe ! Pueha4ki lurveY, Nla4rasL 994, 7fnaoa Caurisy, :sn4s, and being A4rL Ye~lu+aeinl7 i49e 4!4 Rent rifirri~sDonton Ceuniyaeleesxl a,n i dfafrib4d as 1e/1eYai Dar-,ielilarly C4P~!S;tC;~O 41 4 4110e1 oarnfr "$I near a (onto OorR4r ~ aL ;.yo .4orthf4st Berner of a 2.7;1 4ere Irae% rooordod in Yolume 446, Pagf 49, D4f4 1a4arfi4, 04AW court}-, :aKaal w.ltS;4S Forth as degT0411 13 minutes 29 tfooRde Foot, 2!l,4C (of, follouino :ho uorzl rfCOrdfd •A L'C lCmf 43, ?age ,',41 1e' .14 of a 44 atra Iraq% :fntOnC0Y1SL", :!flat , Of Me D.04 RaCOTdO 0: 40.1 :.,Qt + Ls an iron red be4 n4 wto 9r b:1,lf iiol %a ma iran•i doter feriirq 64*1 In :Is S644 nim-ofo.44y ...no of :Rtarot4ia 4.1 *hsay ti0. as rooorded in L'ol\fmo $43, 'Pave 212, Z4od Roatrla, 24.`.t?R Coeaty, vxas; :XV11 ,ti'4M dagrasa 44 min wit** !2 aNeRdf want .ovlfi 137.04 feet (al' q s.1a t4at x. W. of'34i9 :,:l, No, a ;4Ka4 s.aa4.t:gAVaY MOrtumeRLf 2S as E i . 4 :Nt .i ~orL 24 dogroaa 21'r,inu:aa .tallowtaq :Aa !as: ooepana wea: a :ovai S-aia :;.r1'~ay mor". ant; i' tall ]S :H3`H= !'or:h 34 d4gr►u 34 ai-v as !3 soeoRda ''rat: 4n•s:aR•¢t% i4::euir5q th4 tar, t.:,W a( Laic •.;i. ;s. )S :b OY Corner, 8444 i:.n rod bai Rq i~ti:8a lrOr::S '--no of 14id 84 4ere tract; 36• ;YlYCt 30%A-4h 44 dagrffo 1.1 unutoo 49 00eonds tas: .1,, loot 10.4avinq the Nor:h lino of laid ::Add :5 ::,a Or x272}".:3C And con-airing 7144.84 sri.;4:o :tr. s: 2,isi 4a:u e: i4aC, I i i t t I ` ~ t ~lr~ X i .4''11 7RRT°t ~ f b" ~ ~J ~i ' S'^I l "4•~, ei•- r~ 1 1, I "{other %WA td~ aeN ~{!>4N1 s moony o"iert111 oe Poloist oorw, eM 4u 4101e Mid Ir 1Ae taaweret~nll In a(r to Ntd 404 TO u7x At;: "3 iw W►te 4444 {rrorAss, 4644 44*" does r1~. 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Sri, •~.Lit ,I.Jt +f, 1.'.1 tri . ..r3:.14...x. .f./ J.. 4: :fL irJl 1 i.. 1. ,......l:.frvc; a::.. •.I a ..r.r :Irt::;r •!?T"'~"" m'sT'SQW: `.aw'~!T:z-..a-...,. ,r. y t °'F"'s.R.,".T,^'-w,. . w r~wJ.•••.•r e}y~,/r '~IIIMIMbM~ll~~~! ` .lw. rf f ~ 1t A.•~,Iq ~ r V,, r.•~.,Y ILi t • ~♦Z r,F~i,M^. ry 1 •_Y,.wW wr ,w..rr .14 nr, 17. .r of;er and .es., fONO, o, c: aad 3C't:=A^9Li01 OS' L1i CLiw, 00 C:•C Oi~4T :C tit n4k.O :ne C! Dortloni '#XAs, a 1:'x':3, :^f '1M d; G~1:L07 v0:./`:', •CXYC, T7:Q:^t "A: Sty S~ :lfrlb;r u4::ltr:e G~04 AY .1 .l' nr, .r• . .r.~ ..1 ^~.a f ° aT~'~ •C •.Lu•.3. •P"Cj. "e e G v Z r,l: V r• C. L!. , .3:'GC, :'-7 CC. i .-'t:.... `:••`st.m;,~~' .,w»:•::.»., as e:,eot::: ::,i trr.e: ::rr r., ':~e~ ~:,d ! :+r..:r. so::: . f.: is " r •i.~ ~x~ew e' f.i ~::t'x~l.i i'x:"~'eH la~ :e::r ea-ri: } semC wM~i r' ,t .....i v •r«°e 3':T:.:1 .a'.' ~ •i: a: r .C... , C::; .l_ 14 j. i' i ~ I VU L HUN ARANI'A1fNl'S' ll! i lu CA%MINI ru uc AI k", 04 u 4! U ' ~ n1 1 PRAIRIE W.'0. NO A~CI HO fNiION{O ~Y_ A7VIAIONI-Wy r it {IlMAg1Ml'!It OP /'4i1LIC UlNItlt•MILL RUN Af A'A WNTS wAwN 1TW Nu iv nAV~ ClrV O D00014, TUXAS _ . µ y Al YNIU IIY EASEMENT A0 ANtxx n ./.c+ W s1 AN ORDINANCE P90VIDINO FOR THE A~;tNDVNM=NT OF A UTILITY CASEMENT WITHIN THE CITY OC DENTON AND AUTNQAIxINO THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL AXONTs TITLE AND INTEREST OF THE CITY IN SAID SABENtNT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EhSEMENT) AND DECLARING AN EFFECTIVE DATE* V;0ZREAS0 the city council of the City of Denton, acting pt.rsuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the nereinafter deacrinod tract of land to grantee and is of the opinion that sold utility ea$*Mont is not needed tot public utie, and that sable should tie abandoned and quitclaimed to the state Of Texas and Thomason Properties, Inc., a Texas Corporation, as hereinafter proVidedi and WHERBASe the City Council Ot .,tne City Of Denton is of the opinion that the best interest and welfare of the publio will be served by abandoning and conveying the *am to the State of Texas and ThOWAson PCOPOtties, Inc., a Texas Corporation, for the OOnsideratian hereinafter More fully set forthl now, .therefore, BE IT ORDAINED BY THE CITY CUUNCIL OF TNC CITY OF DENTONi $ECTIO> 11 That the following described tract of land in the City of Denton WM and th,~ same to hereby abandoned, vacated, and Closes insofar its the right, title and easement of the putilic ate concernedt For point of beginning onlyt BEGIN at a point on the north boundary line of West Prairie Street and the west boundary line of Avenue I in the City of Denton, TekaSr THENCE north 211 feet to a point for corner) THENCE West 745 feet to a power pole itt place for said point of beyinninyt THENCE sOUtn 18 degrees 36 minutes 20-seconds west 262 teet to a point on the north boundary line of a tract of lane conveyea by W6Vo4 potter and wtfa to the M. P. M. Combination Haw Machinery Company. Inc: 1 SECTION It. That the Mayor and City Secretary are hereby &UthOtOod to execute and deliver that certain gUitciaiM deed attached nereto and incorporated herein convoying said utility easement described therein to the State of Texas and Tho"dOn'Propertiest inc., a Texas Corporation. SECTION III. That portion of the public utility easement herein desoeibed being Vacated, 'abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, Whether apparent or not. MILL RUN APARTKXATS/PA0Z 1 Y n,_~ M,i9.s~q~+~ 5°I,^s ~y j e u ^~^n""T f r r T'S,nt ~ . ~ertn35:4Ws`~j`np~'~ ~r'S14. c l This Ordinance shall take 0 fact and be in full force and eff^ot from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Dentun, TeK4e1,this the day of , 1984% RICHARD 0. STZWARTt MAYOR CITY OF DENTON, TEXAS ATTE.ST& CHARLOTTE ALLEN, MY SZCKEThAY CITY OR DENTON, TEXAS APPROVED AS TU LEGAL CORMi JOE D. MU"I5, ACTING CITY ATTORNEY CITY OF DENTON# TEXP3 NYs S i MILL RUN APARTMENTS/PAGE 2 r4ok The city of tioatoa,~ Texas0 a Outtoipal Corporatioa ofl W 0"* At Deatoa ad I" of Texas f oW Is sommiWa Mr of the ea:r~ at ....'....MMwY1V............M w Vr www 1 .w..«.._.....kiN AND NO/100 010.00)►►..w-...►...r...___w..._n---- 001i' m and ol,her seed and valuable consideration to it iAMOAMM!y The State of Texas and Thomason Properties, Inc,, o the at♦ ~oerpora t ioDenton WW 8tofs of Texas , tlw "000 At WAM Is hsMy offaokaowMdged, do. Ly tows ptwsats. BARGAIN, SILL. RIILM" A" rOl<iV'1tM , QUIT CI.UX Sato tM said The State of Texas and Thomason Properties, the, a Texas Corporation, their successors and assigns k*mMm* YNiglal &U its AIM *4 and Wave in sad be that esrtaG bvA ar Mrs eel Of land bias is NM Coasts Of Denton W State of Tessa, 4w AW so 10 A. WWK t For the point of beginning only; OMI N at a point on the north boundary line of Vost Prairie street and the west boundary line of Avenue I in the City of Denton,' TexAS; TItNCB north 911 feet to a'point for corner; THENCE west 745 foot to a power pole In place for said point of beginning; THENCE south 18 degrees 30 minutes 20 seconds west 262 feet to a point on the north boundary line of a traot of land oooveyed by N, C, potter and wife tothe M. P. M, Combination Saw Machinery Company, too, TO SAVS AIM 10,3100 W raid Peswillr, tesstlwt with Nh asd W%gWw *A li$Mo seism loges and mess Hassle Is any s wow Wmy mob the aaM The State of Texas and Thomason Properties, Ion„ a Texas Corporation, their successors hlliwwid Almelo, bteowo w that "l{iwp t►s said City of Denton, Texas, a hhnnicipal Corporation, its successors aw is-if is, r310 esas W1 ~ewe *Wesbr l edw It 44 st nay On* Mestler, haw, 4aim or demand any right or tltb to t1o 60MOM VkAwm a or SOPWsweness, or my PW dole. of. Wr1!KM Wad at Denton, Texas this dar of A. D.19 84 Wthwom at Ryswt of *net w In tTtr flip DENTON, TEX" ATTEST. BY; WHIO 0. MUFF, MM October 2, 1994 CITY COUNCIL AGEAA ITEM SUBJECT: Consider Contract With Freese & Nichols, Inc., for Sewer Collection System Master Plan Update SUMMARY., The Sewer Collection System Master Plan was last updated in 1974in conjunction with the Facilities Plan for the Sewer Treatment lent and interceptor sewer lines. Due to substantial growth of the City over the past 10 years, it is necessary to develop another Master Plan for the Sewer Collection System. The Staff has worked with Freese Nichols, Inc., in developing a contract and Scope of Services for this study. The main points of the contract are: Determine all drainage basins out to limits of extraterritoria: jurisdiction of City of Denton. Calculate sewage flows to be expected from these drainage basins as per projected population and zoning of each basin. - Determine line sizes of sewer lines 12" and above and where lift stations will be required. - Prepare a projected capital improvements program for the next five years (1990) of the most urgently needed improvements with estimated costs. Make presentation to Public Utilities Board, Planning and Zoning Commission and City Council. A committee consisting of Utility Staff, Punning Staff and City Engineering Staff will coordinate the work as it progresses. 'The City's Master Plan and Development Guide will serve as guidelines for the Sewer Master Plan. FISCAL SUMMARY: Proposed Freese & Nichols, Inc., Contract not-to-exceed $50,000. Source of Funds: Current Revenue- 620-008-0450-8502 5216U:4 ACTION RONOWIRED t Ap'prove or disapprove Sewer Collection System Muter Plan contract with Freese & Nichols, Ina. RECOMMENDATION: The Public Utilities Board, at their n,eating of September 19 1984, recommended that the City Counoil approve a Sewer Co'ilection Syatmo, Master Plan contract with Freese & Nichols, Ino., in an amount not-to-exceed $50,040. Respectfully, E. Nelson Director of Utilities EXHIBIT I Proposed,Freeee & Nichols Contract II Minutes PUB Meeting of 9/19/84 3Z16U:5 s T WTrTM" 7Herz. •,ca+H. !q -t;. ry <<r., ...:."tti`', yyx-y`x of .r~''' n<,_ i NOS AN CRDINANCE APPROVING AN AGREEMENT 89TV90 THE CITY, OF DRt1'M AND M10% AND NICHOLS, INC,' FOR ENGINt ING $OVICES > IN CONNECTION WITH THE 44MOPMENT OF A MASTER PLAN FOR THE FUTURE DEVELOP OF THE CITY'S WASTEWATER COLLECTION SYSTEM, AND PROVIDE ra AN EFt'ECTIVE DATE. WHEREAS, it is in the beat interest of the City Of Denton to develop a master plan for the future development of the City's wastewater collection $Yates; and WHEREAS, the city staff and Public Utilities Board has recommended tt:at Freese and Nichols, Inc., consulting engineers, be retained to undertake the necessary investigations and studies to develop the caster plan which will guide the City in the future development of the wastewater collection system in an Orderly and economical sannar; and VHEIX0j Sectica 2.09 of the Charter of the City of D"too, Texas <rouires that every act of the Council providing for the contraotias for iadebtedaess efcpinditure of funds or for this shall be by ordinance; NOW, THEREFORE, THE COUNCIL Or THE CITY OF DY.NTON, TEXAS HEREBY ORDAINSs SECTION I. That the Mayor and City Secretary are hereby authorised and directed to execute and attest, respectively, the agreewent between the City of Denton, and Freese and Nichols Inc., providing for professional services in connection with the development' of a seater- plan for the future development of the city's wastewater collection ' system under the terms sad conditions contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall becose effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of October, 1984. CITY OF DENTON, TEXAS ATTEST: CHAIMM ALLENO CITY SECRETARY CCITY DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D..NORRIS0 ACTING CITY ATTORNEY CITY OF DCN"t TEXAS BY: r a nmu-7wr . °r.?^,~~.;..,.;~; ~Iy. k„ w ":Y:a vn;ajct.+!~a,.; vili. i t k iME0''INC SEhvZCES STATE OF TEXAS ~ COUNTY OF DENTON THIS CONTRACT entered into this day of October 1984, by and between the City of Denton, Texas, here after celled the Owner, acting by and through Richard 0. Stewart, Its Mayor, duly authorized to act, and Freese and Nichols, Inc,, Consulting Engineers, Fort Worth, Texas, hereinafter called the Enginer, WITNESSETH, that in consideration of the covenants and agreeswnts herein contained, the parties hereto do mutually agree as follows: 1. Ewlwnnt of Engineer: The Owner hereby employs the Engineer and n near a o perform professional services as herein set i;arth n 'conroction' with `tM diV4lopelint of a master plan for the 'future develdpvtot of the City's wastewater 'collection system. it, Character and E ,ii t o aicga; The: Engineer shall perform pr0rosssiional services co".rislog investigations and studies Per- taining to present and future flows in~the wastewater collection system and to determine a cost effective method of transporting thhe'se waste flows to the wastewater treatment plant for treatment, resulting 'in a master plan 'which will guide the City in the future devel,opment of the wastewater collection system in an orderly and economical manner. III. Scope of Services: the scope of work shall include the following: 1. Population: a. Review the historical population trends and population projections `based 'on informotiom available from the. City of. Denton, the North Central, Texas Council of> Goveef,- ments', and the census publications., For the purposes of these `investigations, the planning years will be 1985 (for current conditions), 2000 and 2010. b. Using available information from the City of Denton, make projections as to d4tributi0n of the population for the planning years 19850 2000 and 2010. 2. Wastewater Flows.4 a. Review records of wastewater flows at the Wastewater Reclamation Plant to determine overall trends in flows and patterns of flows. i 1. i 77 1 b. Wv~Top a prod .,t on of: future 'wae4kter. flowc for the st years of l86+ 2000 and 20110 based 'on the projected poppuation and anticipated Per capita flows, 3. CollgStion $Yst a, p velop a drainage` area map of the City identifying the 1~mits of watersheds one square mile or larger in size. The study area limits sha11'pe the sane as the study area shown on Plate C of the Facility Planning Report prepared by Freese and Nichols in 1974, with the exclusion of the Cities of Krum, Shady Shores, and Lake Dallas; b. Update the existing Wastewater Collection System Map, contained in the Facility Plan dated 1974 and prepared by Freese and Nichols, to include all major trunk mains and collector mains which are to be studied under these investigations. C. Review the *xia}tinq facilities and inventory pipe sizes 1241 nohas in di deter or greater,' slopes, aqO', and physical .060ditions. At'" 4y be ~i4i0*i,nhd from ava' 1!~.ie information in the City's records., those 11nes,ssial'er than 12 inches that serve as major collector mains will also be included. No field investigations are intl dad as a. Part of these studies except as related to 1-ft stations as described in Paragraph 3.d. d. Conduct tests at t iinimum of three lift stations in an effort to determine rate of flow and total flow through the station, These tests will be hated upon recording electrical current to deterioine hours of operation of pumps, together with the utilization of pump performance curves to, develop ;'flows. It is anticipted that'the City will furnish personnel and electrical recording meters, e. Project flows in the major trunk main and collector mains (as described in Paragraph 3.c,) for the study years of 1965,2000, and 2010. 0ased on this information, deter- mine the adequacy of the present system to:meet-the pro ,jectod requirements. Develop recommendations for additional facilities to accommodate the deficiencies determined. 4. Estimate of Probable Construction Cost: a. Prepare estiOtes,of probaple construction cost of °recommended improvep►ehts to meet the `projected require- m6hts for the years',A85 and 2000. Cost estimates will be based on 1985 dollars. b. Review.-theuse of television equipment for inspection of ,futilities in the pity. Neke appropriate'recoeasendationa together with estimates of cost. 2. 1 ' ' ,m „!?'+~'^:$'~rTMP SFi r,^F'"C"➢¢~.,.~±dir..x~°._,-p,:E+~•drtgW~,.~~..~`'.~~~~'~~~a+e+`,"~ C* Pre re a reCOSMM"flifed 'k1hedule for construction, of the proposed I mprovoooots thro4ch 199 1 n the form of a Capital Ieprovemnt Program, 5, Rl2ort: a. Assemble and summarize the basic data, studies, findings and recommendations into a draft report and submit three copies of the report to the City for review and comment. b. Upon receipt of the City's consents, prepare a final report and submit 25 copies to the City. IV. Tie o Com l t on, The review draft of the report shall be delivered to e Owner within one hundred eighty (180) calendar days following authorization to proceed with the study. The twenty-five (25) printed and bound copies of the final report shall be delivered to the Owner within fifteen (15) calendar days following review and approval of the draft. V. F": 1. The Owner agrees to pay the Engineer for all services rendered under this-"contract on a cost tines multiplier basis in ac- cordance with the attached Schedule of Charges, with the total mui" fee not to exceed $50,000 without prior approval from the City of Denton. 2. Payment will be made on statenlehts submitted by, the Engineer. Statements shall not be submitted at intervals of less than one (1) month. VII. Successors and AssiEneentsr The Owner and the Engineer, each binds mte , s successors, executors, administrators and assigns' of the other party to this 'Agreement, and to the successors, exe- cutors, administrators, and assigns of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Engineer shall assign, sublet or transfer his interests in this Agreement,without"the written consent of the other. This Contract is executed in three counterparts. f 3. R':"~^~Wx` m.... q,l,7~a S 1 i IN T ST2Nl~MiY HWOF, t* have exacyted this Agree"nt the day and year first above written. ATTEST; COwNYROF DENTON, TEXAS ar o o 1n, city ecre airy car Stewart, Mayor City of Denton,` Texas City of Denton, Texas (CITY SEAL) WITNESS; FREESE AND NICHOLS, INC. ENGINEER By: Robert L . , c 'so a 1 Viet President i 4. ~ .~;q' a* '.3Pgy~~'~fi'r, ;'rev ^Y.w~ ~ T:,;•. .f;:.. ;5., 4`'~T'`~++IC ~N a i Schedule of "Chimes Staff M.t-Srs, SalAry Cott lima$ Multiplier 01,212 S414ry~'Catt is defined as the cost of salaries of anginaors, draftsMan, stenographers, surveyoon, clerks, laborers, atc., for time directly chargeable to the project, plus social security contributions, unaar pl"nt compensation nsurance, ratiraMent benefits, ,aedlcal and -in. surance bonefits, bonuses, sick leave vacation and holiday pay eppli, cablo thereto, (Salary Cost is aqua to 1.39 times salary p4"ts. This factor Is ad ustod annually.) Qther Qfrect go" Actual Cost Tim" Hultipl or of 1.0 Other 'diu'aot *sow NN11 i noludR._ p~ri l tihll awl 1fMOd'wM6 l e>epens , eaNMt~iidati,pn ah~ travil. tti~►portq~ion ~atends arm front Fort ~rtA' acrd o olsaellaneouo a We' dirodtly N OtAw to RM;work, i lvflind costs `'ot laboratory analyl teats, and other work required to be done by independent parsons or agents other than staff hrs. I I i I i I i ka", 4 77 N*~M'1i4: Ubilieis• 10asd e~x 1!, 194 s° 90 CpNS1DU RESOLUTION U $INR DI~NT0;1' S INTENT TO RN'~'t INTO A WATER SALES AGU ENT WITH ARGYLE WATER SUPPLY CORPORATION. The Board in its discussion wished to delay action pending review of its policy,regardin$ ling extensions and service outside the city liAtts. Herring made a motion to table this item, second by Cooses, S ayes, no nayea, sotioa carried. 10. CONSIDER CONTRACT WITH MEESE 6 NICHOLS-DXNTON WATER TRffiA'YMOT PLANT EXPANSION SITE STUDY. Nelson advised th+N Board that the contract followed the discussion at the previous sooting k.eping in stud the not"-to-exceed linits. Cooms aide a motion to recomseaid approVal of this contract, 'second by Herring, 5 ayes, no nayes, motion carried. 110 CONSIDU CONTRACT WITH P' WE Is NICNOLS, INC. FOR ?WTZR PLAN UPDATE FOR SEWER COLLECTION $YST%Nq Has recommended this itudy to supplement the water *&*ter plan for sore consistent guidance on future axteniions. The plan will cover the city plus the extraterritorial Jurisdiction. Herringsade a notion to recommend to the City Council that this contract be approved, second by Coomes, S Ayes, no nayes, motion carried. 12. DISCUSS ELECTRIC, WATER AND SEWER RATES. A report was given by Cryan with eneral discussion: The Board °receivad complete copies of 'the rate proposals and design criteria. Staff responded to questions tegardinf costs to Denton customers relative to other utilities do"ad costs and 'relative incriasea. A work session was regwsted by the Board to be held"on S*ptember 25, 1954,at 5:00 PM. No further actionwas taken on this item at this tiAa. With no further business,, 'the Board adjourned at 12:00 PM. 321SUs3 .4;-a. rrt7 ;:Azi ••r l;i vf.-n-cwF.r `r~ ,.n:P-. s;.~-aT .r-z,,'.. K , ~~o',+or S 1984 CITY COUNCIL A4gNDA ITEM SUBJECT: Consider, a Contract with Freese & Nichols, Inc., for Denton Water Treatment Plant Expansion Site Study, SUMMARY: The Freese & Nichols Water Treatment Plant Expansion study identified the northwestern section of Denton as the most economically feasible location for the plant. However, the exact site was not identified since this requires substantial topographical and soil condition analysis. The attached proposed contract with Freese 66 Niohole will identify a speoific site, The main points of the contract are Determine in conjunction with the Hogan and Rasor Engineer, Inc., Water Distribution Study, the most loj'icalsite to tie into the existing and proposed future water network. Detanine the most advantageous site from an elevation standpoint. Determine how site will be tied into sewer system for expulsion of waste products removed fr6m raw-water$ Determine size and shape of site required and access thereto. Determine easements for pipelines required to be served by new plant, Determine,' present owners of propertiu and assist city in obtaining land cost appraisals. - Make presentation to Public Utilj,tiea BoAtd, City Council and possibly Planning and toning `Commission. FISCAL SUMMARY : Proposed Freese & 'Nichols, Inc., contriOt not-to-exceed $22,000. Source of Funds: Bond Funds 623-008-0460-8502 3216U:2 ~I ACTION REQUIRMI 1, Approve or delay, action on the recootendation by Freese & Nichols` of the general location of u new water lent in the northwestern section of Donton, identii~ied as Alternative No, 7 of the Water Treatment Plant Expansion Study, 2, Approve or disapprove contract with Freese & nichols for the specific site study. RECOMMENDATION t The Public Utilities Board, at their meeting of September 19, 1984, recommended to the City Council that they accept the Freese & Nichols, Inc„ study of the City of Denton Water Treatment Pla'at expansion and approve Alternative 7 (for site selection only) which is the location of a new treatment plant in the northwest sector of the City of Denton The Public Utilities Board further recommends that the3lnoty Council approve the contract with Freese 66 Nichols, , for site selection of the' new water plant in an amount not-to-exceed $22,400• Res ectfull f r j g. Nelson Director of Utilities EXHIBIT I Location Map I'l Contract- Freese & Nichols for Site Study III Minutes PUB Meettng'of 9/19/84 31160:3 :.N i s I, Q'F"!i"' ~[!F*',7FT': ^r^-rr..?3 r _'S+T.u "'S413r. a•?fia: v, ' 7 tl,. t 1J 71 . ~M,•Ru~r~'io ~ftif hiss ~osxd Mx 1! 1!M co tlDp4 1*LUTION VA USING Di rt N' a INTENT TO ENTER 9$ INT A TER BALM AGREEMENT WITH ARGYLE WATER SUPPLY OQRPORATIONO The Board in its discussion wished to delay action pending review of its policy regarding line %xtent► ons and service outside the city limits. Herring made a notion to table this iteat second by Coomes, 5 ayes, no nayes, motion carded. 100 CONSIDER CONTRACT WITH FREESE b NICHOLS•DENTON WATER TREATMENT PLANT EXPANSION SITE STUDY. isqu advised the Board that the contract followed thrl discussion at the previous meeting keepiap in mind the aot•to-exceed liml,ts. Coo"# aide` a motion to recommend approval of this, co,atradt, second by gorring, 5 ayes, no nayes, motion 'carried. 11. CONSIDER C WITH,, FREEZE 6 NICHLS, INC. ?OR NASTER j PLAN UPDATE h `•~!WER COt.LtC'TION SYSTEM' a" recommendic,'"this study to supplement the water sootor plan, for sore consistent guidance on future extensions. The plan will cover the city plus the extraterritorial jurisdiction$ Herring made a motion to recommend to the City Council that this contract be approved, second by Cooees, 5 ayes, no nayes, motion Carried. 12. DISCUSS ELECTRIC, WATER AND SEWER PLATES. A report was given by Cryan with eneral discussion. The Bo'►rd received complete copies ' of the ruts proposals' apd design criteria, Staff responded to `questions regarding costs to 'Denton customers relative to other utilities deaand costs and ralAtive increases., A work session was reqquested by the Board to be held on September 25, 10849, at 5: 0O PM. No further action was taken on this item at this tires. With no further business, the Board adjourned at 12;00'PHO 3215U:3 N0. AN ORDINANCE APPROVING AN A"IEKENT BETWEEN THE CITY OF DENTON AND MEESE AND NICHOLS INC. FOR ENGINEERING CONSULTIN0 SERVICES IN REGARD TO THE LOCAf%OH OF A NEW WATZA TREATMENT PLANT, AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, it is in the beat interest of the City of Denton to provide for its future needs for water treatment facilities; and WHEREAS, the city staff and Public Utilities Board has recomaended that Freese and Nichols, Inc., consulting engineers, be retained to studyy and identify possible sites for a new water treatment plant; and WHUM t,'Section 2.09 of the Charter of the City of Denton, Texas rM4uiree that every act of the Council providing for the expenditure of funds or for the contrasting for indebtedness shall be by ot'dinance; NOW, TRXREPM , THE COUNCIL OF THE CITY OF DZWON, TEXAS HEREBY ORDAIN&t SECTION I That the Mayor and City Secretary are hereby authorised and directed to execute and attest, respectively, the agreement between tho City of Denton, Lnd Freese and Nichols, Inc., providing for pprofessional services co4rising of engineering studies of available sites for construction of a municipal water treatment plant under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of October, 1984. RICHARD 0, i HAYOK CITY OF DENTON, TEXAS ATTEST: c CITY OF DENTON,,'tEXAS APPROVED AS TO LEGAL FOAM: JOE U. W09AISO ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BYt ~ 'm ,r yT' '5i,~''f.. '~rf f'.~ t' K'- " Yr.3mi i 641'"EERINO SERVICES `'SYATt; OF TEXAS 1 colfTV OF,OENTOM THIS' CONTRACT.dntlred into this day of October 1984,`4y and botlz, the'City of Oi` ton, Texas, he" ft9r called the owner, acting by and through Richard O. Stewart, its mayor, duty authorittd to act, and Freese and Nichols, Inc., Consulting Engineers, Fort' Worth, Texas,' hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. E to nt of n ineer< The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services as herein; set forth in connection with the engineering evaluation of Alternative locations for construction of a, new water treatment plant.in the northwest section of the City. It. h r r 4 rrid g4te t of Services.- Tho Engineer ' shall, perform y cng anginmring studies, including a services Piro ,a s, onafettiTve anal si s, of available sites for construction of a C6$ „ f Municipal water treateeent plant 'in the' n0'rthwest section' of the City, with dons ideration'giYen'to a water supply to the new plant from the Ray Roberts Reservoir now under construction. III. Scope, of Services: The scope of work shall include the following: A. Locate possible sites with suitable topography for a Water Treatment Plant on uSGS topographic maps, R. Conduct field inspection of the possible sites and reduce the number to only those which appear best. C. Select for each of the sites a tentative routing for raw water line, high service line connection to distribution system, line for disposal of sludges, access road, natural gas line, and electrical service. Reduce the selections to t)%* two best sites. 0. Prepare tentativeplant layout for tech sito with considera- tion given to future expansions Prepare estimate of probable cost for development of facilities on each site. F. Have soils laboratory drill at least two (2) test holes on each site to determine soil classification and to evaluate foundation requirements, F. Prepare a'draift report'suwari,tinghe W'sic data obttlned in the study' and presenting recommendations and estimate of probable cost. 1. /fi "R° t rtC aT 1 i. +P' 9i •Yw e'C y[ -sb T :A r Fa w+. 777; 5'`at }i .ib' f` ,rig i 0. follow'ing &"royal of the draft report, twenty*five (25) bound copies of the final report shall be presented to the City (Owner). IV, t ; The review draft, of the 'report a ,e11 be. do- orr % " o or within oM hur►gtred oightX (1d0) calald#r :goys following!outhorluiion td proce0d with the study. The twent114five 1~V4rk pr1 to t he ~ und within tefit een~(1Sfil )calendart days shall followiinng review:"and approval of the draft. V. P t; The Owner agrees to pay the Engineer for all services e 'under this contract on a cost times multiplier basis in accordance with the attached Schedule of Cherges with the total maximum foot exclusive of `Iaborstory'Charges, not to exceed $22,000 without prior approval from the City of Denton, Payment will be made 'on,statements submitted by the Enginear, Statements shall not be submitted at intervals of less than one (1) month. Vi. The Owner Ind the Engineer each binds hime r cas o s, sex*006rs, adoinistretors and' assiths `of the other; pat~tY . to this Agee Rent, And t0 the succelAors, esocu- tors , adpi"nistratprs, 'and es*f4hs of sueh`other party in respect of all covenants of thls'Agreement, 4either the Owner nor the Engi- naer shall assign, sublet or,transfer his interests in this Agree- ment without the written consent of the other, This Contract is executad in three counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written, ATTEST: CITY OF DENTON, TEXAS OWNER Char otte A en, City Secretary car tewart, Mayor City of Denton, Texas City of OorAon, Texas CITY SEAL) WITNESS: FREESE AND NICHOLS, INC; ENGINEER Robert Cho1$r Vice President 2' 41 ` F N • Schedule of 04*s Staff Myibe s Salahy'Cost Ties Hultiplier ott2t2 Salary, post is defined as the,cnst'of sAlaOies'of ehoineersw draftsmNen, st*,*' raphors, surveyo"O Clarks, laborers, atc., for time directly chargeable to the project, plus social security contributions, oft ploymsnt compensation `insurance, retirement benefits, medical and in- surance benefits, boouses,'sick leaya vacation and holiday pay a"11- cable, thereto. Salary cost is equal to 1.39 times salary payments. This ` factor is adjusted annually.) other Direct Actual Cost Times !lultiplier of 1.0 E oar d# rl incl on um ~ . u~► ~ . ~ ±ri~ t~duat por►se , go* iCAI ;.e, ~r'i►1+I 0 l~ti! t'tst~rM .+ilid'\~1ot U aw ("0 F ` If4si,tb . M his i tan4mws' sp dittiotly "lot" to tM' weiMc i~kruding costs of laboratory ahalyas, tuts, °a~nd 6lher work required to bo done • by i ndependent persons or agents ether then staff members. t a Ayw 9_`Yvu 1 . m `fi 1`".:n+~4p3" F ,-~yt-~.-.: x ~(r+R'7o~•f+ oT'.:. t f y~#T tr a P RESOLUTION be IT RESOLVED 4Y THE COUNCIL OF TRI CITY OX DENTON, TEXASi SECTION I. That the Policies of the Emily Fowler Public Library as approved by Ch* City Council on December 70 1976 are amended to provide for foes for nonctty residents. The policy provision of "Registration of borrowers" providing for the eligibility of persons for library cards which presently reads as follows% 1. Residences An adult applicant who States, that he is s r"a,*at ra tdAnt o! Denton sod/or Denton Cowaty and gives as address in eitMr is eligiWo for 'a library card from of char upon makLaS application and presenting proper iden ~fi4ation, is hereby amended to road as follows: 1. Residences An adult applicant who submits reasonable do'ciirAhtatioh or 'itiforr tiop that tho' person pp~olr". neatly resides within the city lirits is •ligib ~a for a library cord free of charge upon raking proper application. An applicant who it not a porsianent resident of the city of Denton, but who is a resident of Denton County, asy upon proper application and payment of an annual fee of eleven dollars ($11.00) be issued a library card which is valid for a period of one year. SECTION It. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 2nd day of October, 1984. KIM= 0, STEURT, MATUR CITY OF DENTONj'TLXAS ATTEST: CITY OF DENTON, TEXAS AP1".Mu A8 TO LZ04L Foams „ JOIE D. NORMS, ACTING CfTY ATtORM CITY' OF 09MON, TEXAS sY s _ Y1'L„ +r n'P"'; 'N:1+s, ~,,ry.' M~'?lir 1. i `t +~R "~j"~ :z.s ~Y `w }R +6 r. It• ulcep , i ,T l l 4'.'+.'4 , t f 1 DF,NMN PUBLIC ),1BRARl' i. LIBRARY BOARD MINUTES 4 The regular meeting of the Denton Library Board was held'on Thursday P`. 26 July 1984 in the Board Room of the Denton Public Library at 7130 p.m. PRESENT: A. Travelle (chai Haan), K. Ferstl (secretary), L.Conzales, R. Hutton, S. Lockhart, K. McCallon, R. Stephens, and J. Orr. { ABSENT: A. Lookabaugh (ex), M, Nichols (ex) 1, K, Ferstl moved, R, Stephens seconded, that the minutes of the 26 April 1984 meeting be approved as corrected, Motion carried unanimously. (No formal Board meeting was held in May. Board members attended the annual conference of the American Library Association in Dallas in June in lieu of the June Board meeting,) . 2, Polic Manual: Passages in the policy manual related to out-of-city and/or out-of-county patrons may need, to be revised, depending upon the f'jh'bl decision which the. County Commissioners make `about 'the County's 'o rtion of funding for the Library. J. Orr will identify'and'revise such statements accordingly. K. Ferstl will do the final proofreading, t 3. Cot,nty Patr4ons: The Board discussed the alternatives should the County ` Commissioners continue to 'include no'funding `for the Library in their FY 1985 bud8et. As a result of this discussion, R. Hutton moved, K, Mc- Callon seconded, that the Board instruct J. Orr to draft a statement indicating that an out-of-city user fee of $35 per year would be assessed non-Denton residents in the event that the Commissioners' Court terminates County funding for the Library, (This amount is the same as that previously determined by the Board as a user fee for out-of-county users. See the Board Minutes of 29 September 1983.) The statement will be forwarded to B. McKee, Assistant City Manager, for presentation to the City Council. 4. Announcement of Dinner: The Board will meet at Allie l's for dinner on Thursday, 30 August 1984 at 7:30 p.m. in lieu of its regular Board meeting, 5, Old Business The. Libratu %•111 continue its present schedule after Labor Day, Considera- tion will be given to adjusting the schedule should tho situation warrant it. 6. riew Business The Nominating Committee proposed the following slate of officers: A, Travelle, chairman; R. Hutton,` vice chairman; K. Ferstl, secretary, There were no additional nominations from the floor for each position. L. Gonzales moved, S. Lockhart seconded, that the proposed slate be accepted, Motion carried unanimously. (The members of the Nominating Committee appointed by A. Travelle were: K. Ferstl, chairman, R. Hutton, and S. Lockhart.) I 4. a 27 fi ' ` MS at' 'th'i gib` Duly a4~A' Aitatva ~.fbrat~' hbard'ree~t'3ty► 2 a VS Two letters were presented for the Soard's information: Neil B. Shay's letter to Judge Duddy Cole related to the County funding of the Library; and the letter from the.chil'dtop of Sen L. and Mary Grace Smith which acccmpimiod a check for $4,000 to the Emily Fowler Library Foundation *a a aemorial to their parents, 7. K, Mc Callon moved, S. Lockhart seconded, that the meeting be adjourned. Motion carried unanimously. The meeting was adjourned at 8:25 p,m, 6 i i i i 1 t, e } R.,..7S,Y"`+"?5'~?d i ",y„~w ?~7'„rm . p, -b.'8.~,.'°'+pae"~.;.:<a -,,,;.;.r* n,.~,-•'~.a; October 2; 1984 t CITY COUNCIL AGENDA ITE!! SU$JECT: Receive a Report on Proposed 1984 Electric, Water-Wastewater Rats Changes, SUMMARY: Included with the Agenda Packet, under separate cover, is the 1964 Electric and Water Rate Study for the Utility Department. Along with the Rate Study are the Electric, Water and Wastewater revised Rate Schedules, These schedules will be orgganized into proposed new rate ordinance(s) for consideration by the Council at the October 16, 1964, Council meeting. ACTION REQUIRM: Review Rate Study and proposed rate schedules, offer comments and direction to Staff, Respectfully, E. Nelson Director of Utilities EXHIBIT I 1984 Electric and Water Kate Studl,: II Electric Rate Schedules III Water/Wastewater Rate Schedules 32i6U6 j y.T<r.Ygt?°''FdP^»• -;gn~,IxzSPCS°.,y'zFx..~7Z 9 o , r, October Z, 1984 R CITY COUNCIL AGENDA ITEM SUkJECT; Request for Water and Seder Service Outside Denton City Limits by Jay-Mar Addition, Lot 1, Block 1. SUMMARY: The Jay•Mar Addition is a 5,7 acre development of l,i'ght industrial machine shop and commercial office space proposed on NM Road 4181 (south Teasley Lane) adjacent to Old Alton Churclti. There presently exists an V waterline and a 15" sanitary sewerline which have very recently been costructed by the Nickory.Creek Mobile Home Park developer in' this area, Jay Mar Addition proposed t* ,0&y pro rota ch ,tie'$ In older to tie on to the adjacent sinita'ry set~erl,ine; and since PM Road 2181 is a utate ;hf*hwny, they propose to tie on and bore underneath this road to the 8" existing waterline., 'they will be required to extend an e" waterline across the frontage of their property on the south side of PM Road 118;. Jay-Mar Addition Is requesting by attached letter to tie on to the City of Denton water and sewer system. FISCAL SUANARY: All tie on and construction costs will be paid by Jay-Mar Addition. ACTION k9QUIRSD: Approval or disapproval by City Council to provide water and sanitary sewer service outside the Denton city limits to Jay-Mar Addition. RECOMMENDATION: The Public Utilities Boatd, at their meeting of 8/29/84, recommended the City Council approve water and sewer service outside the. Denton 'city limits and within the Denton extraterritorial jurisdictional area to Jay Mar Addition so long as all costs are borne by Jay-Mar 311nU:17 111^9CE!a YA'' f+rf 4S;i°;.° 'wat e..',ypn.'c e w ^rr „lp~ c$ I4~idlte 3:rs°,.«'~`?'!R.$~+'+A°~, I. Addition. The Planning and Zoning Commission, at their meeting of September 12, 1984, also recommended approval of this request. Respectfully, R. 8. Nelso Director of Utilities EXHIBIT I Letter` of Request 11 Location Map III Minutes PU8 Meeting of 8/29/84 IV Minutes P`Z Meeting of 9/12/84 M 3116U:18 W rT 77. ' 04INIM AND WAVOM 'ttA11P0~0 "MlM NAW'Y+~M~M• ►.44 AM ►~l1~OM+Y 04M 0014 ~A1MMM1 MM!MYO Y"M KWO4 V4 1 DRIV! • DWON, TW4 *NX • (817) 391416 • ~1174W METRO 4*1002 24 August 1984 Mr, David Ham Assistant Director of Utilities City of Denton 215 E, McKinney Street Denton, TX 76201 Res Jay `Mar Addition Dear' Mr. < Ham: On beIbalf of our client I am requesting, water and sewer service for this ote»l'ot subdivision located along the south side of FM 2181 just after FM 2181 turns east toward I-35E. The lot is outside the Denton City limits but within the extraterritorial jurisdiction of the City of Benton. Please 'place this request on the Public Utility Board agenda for consideration at your earliest ca.'renience, Sincerely, 4, Charles S. Watkins CSW/sm w " d t r / pr,A1TON 1 ~ ~ tit POP EVELYN L, FR!CE, f. V, 745 P $31 R ,"..»....;......t. , % LOT IBLOC. HIGKgR11 GK,• 1' JAiy- 5,6x08 Ac, LOCATION MAP 1 1 1 0' s r FIT An x Mt* 118.8' ~•ssi sE s ee" , ~:.C~ .Zj ;4~ 1 A~It1 ~ # o t~ lwas Board rase S *60 6• CONSIOR RX$OLU' ION EXP SING QLSNT4 i INTZNT TO -11t"S>7P'TM - . Thompson felt this item needed further study. Coomes made a motion to table. Thompson second. Five ayes, no Hayes, motion carried. 7. CEO SI REQUEST WATER SEWER OUTSIDE DENTON CC IT iw MA s Aftor a brief 'disoussion, Thompson **de a motion to recommend to the City Council that this requast for watcv/sewer service be approved. Second by Herring, five ayes, no nayes, motion carried. 8. CONSIDER AMF.K CONTRACT FOR SEWER SERVICE T z' After a brief disdiAsston, Thompson made a ''motion to approve the amended contract subject to the Ci'ryy teal Depart*ant review and approval, second by Boyd, Your ayes, l abstention, motion carried. 9. 0O; XD ACTIN OIL CITY OF DENTON WATER TREATKENT PLANT Nelson stated that we must begin looking for a plant site. Laney requested the staff negotiate a'contract to do a site study. No further action was taken at this time. 10. CONSIDER DEVELOPMENT OF A MASTER PLAN FOR SEWER COLLECTION SYSTER6 Laney requested the Staff develop a proposal. No further action at this time. 12. CONSIDER ABANDON ENT OF 69 KV TRANSMISSION LINE _EASEME14T NETWEE4 LQGUST Amu WINDSOR. After a brief discussion, Boyd made a motion to approve subject abandonment, second by Thompson, five ayes, no nayes, motion carried. ' 134 CONSIDER PROPOSED EASEMENT LICENSE TRACT F-5549 L_EWIS_ VILLE ~ WME;-TEitX b"K ~GSRPS_Q M New Presented by Dave Has who stated the line is dedicated. Motion by Herring to approve proposed easement/ license, second by Boyd, five ayes, no Hayes, emotion carried. 4y 3165Ut3 }w.pr.m-,^°w-.-.c.*-m,-° --:-.rmm•.P-iar '-•,zrT,. "'~s~,7~ f+ay. 3 P42 M'mnw 9/13/61 H. CAnsidir providinq water and sewer service outside Denton city limits to Jay"Mar Addition, lot 1, block 1. Mr. Nam stated this is a request for water And sewer outside the city limits of Denton, The Jay Mar Addi- tion is a small development of light industries machine shop and commercial office space proposed on rM Road 2181 (South Teasley Lane) ad *cent to old Alton Church. tie stated there promently exists an 8 inch water line and -a 15 inoh sanitary sewer lime which have very re- Oently been constructed by the Hickory Creek Mobile Home Park developer in this area. He stated Jay-Mar Addition proposes to pay pro rata charges in order to tie on to the adjacent sanitaryy sewer linet and since FM Road 2181 is a state highway, they ppropose to tie on and born underneath 'this road to the 8 inch waterline aoross the ,frontage of their props y the south side of FM 'Road 2181. He stated the Public Utility hard recommends Approval. 3 'Oo q'uOotion from Mr, claiborne, Mr. Ham stated yes, the water line already exists. Mr. Sidor commented he sees no reason not to recommend approval. Mr. Sidor made a motion to recommend approval to consi- der providing water and sewer service outside Denton city limits to Jay-Mar Addition, lot 1, block 1. Socohded by Mr. Escue and carried unanimouslyf -0). 1. Consider providing water and sewer service to West Lake North/South Addition (formerly Denton County North Mobile Subdivision and Denton County South Mobile S baivision) on East McKinney Street adjacent to VacaTkl' Village Estates. Mr, Ham stated Homecraft Development Services, Inc, has requested Denton sewer service for the purpose of their new development. He stated Homecraft did not request permission to tie into the City of Denton water services instead expressed a desire to be served by the Vacation Village Water Company. He stated the develop- ment is to be constructed on East McKinney Street adjacent to Vacation,: Village Estates. He stated this project is 152 lots,,and will consist, essentially of mobile home sites termed as manufactured housing and at the present time adequate Water and sanitary sower facilities do not exist in this area except for water wells serving "Vacation Village Estates which are not adeqh uate for those two new subdivisions and some whOity does remain on the sanitary sewer lift stati6os would be inadequate for these two new subdivisions. He further stated since the Public Utility Board met on August 15, 1984 .the utility staff has determined than the sewer loading of the new development would require improvements to the existing lift station with a new forced main and a new gravity 'line to serve this n^.°.wR'9~?w1lRRnP^TM",f*+o .qr+m p:~ _ F.:"„'^+.°'isq.'rzv Pogo' 4 pzoposod dank*lo$aa*nt. IN addition, thO utility .de.. paxtment Ntoff would recommend that this new sub division development be served by extending a water line from Mayhill Road down MOinney Street to this new development, The size of this water line should be at laast a 12" six*, He further stated any over- sizing or newer extensions will be borne by the de- veloper, Mr, LaOorte made a motion to recommend approval to ` consider provide water and sewer service to West Lake North/South Addition (formerly Denton County North and Denton South Mobile Subdivision) on East MaXiAney Street adjacent to Vacation Village Estates, Seconded by Mr, Esaue and unanitruusly carried (7-0). i? - i, t 4 i octbbor 2, 1484 • CIT'; COUNCIL AGENDA ITEM SUBJECT: Consider Providing Water/Sewer Service to Denton County North Mobile Subdivision and Denton County So%tth Mobile Subdivision on East McKinney Street Adjacent to Vacation Village Estates. SUMMARY: Home.craft Development Services,, Inc., is requesting Denton water and sewer service for their new development, The development is to be constructed ,id,jacent to Vacation Village Estates. This project is 552 lots and will consist essentially of modular home sites termed as manufactured housing, The City of Denton has a Certificate of Convenience and a Necessity ta'serve'this rea. The sewer loading of the new development would require improvements to the existing lift station serving Vacation Village plus a new forced 'main and a new gravity line to serve this proposed development. In addition, it will be necessary to extend a 12" line from Mayhill Road down McKinney Street to this new development. 12. size The size of this waterline should be at least a initially and may reduce to 10" near the development. Any oversizing would be tonne by this developer. Homecraft Devolopmenk Services would be entitled to a pro rata agreement on ;.any water or sanitary sewerlines constructed offsite. This development is outside of the Denton city limits; however, within the extraterritorial jurisdiction of the City of Denton, FISCAL SUMMARY: All costs for sewer extensions will be borne by the developer. ACTION REQUIRED: Approve or disapprove authorizing Homecraft Development Services Inc,, to extend City of Denton water and sewer service to proposed development. 3216U14 v; i i a ALT TIVES 1. Approve or disapprove authorizing IIlomooraft Development Services, Inc,, to extend City of Denton water and sewer service to proposed development. RECOMMENDATION: The Public Utilities Board, at their meeting of Ai13ust 29, 1984, recommended approval of providing water and sanitary sewer service outside the City limits, provided the developer pays all costs of water And sewerli.ne extensions, The Planning and Zoning Commission, at their meeting of September 12, 1984, recommended to the Council that they approve providing water and sewer service to West Fake North/South Addition ' (Formerly Denton County North );Ind Denton 'South Mobile Subdivision) on East McKinney Street adjacent to Vacation Village Estates. Re S~~t u ly, •G R. E. Nelson Director of Utilities EXHIBIT I Letter of Request- 8/14/84 II Location Map III TDH Certif. Conv. & Nec, for Vacation Village Wtr Supply Co. and Vacation Village Sewer Company IV PUB Minutes of 8/29/34 V p&Z Commission Minutes of 9/12/84 3216U:17 d'. T HOMECPArr DIIVELOPMENT SERVICES, INC. WlLaifp66WAV,3111T6620 . DALW, T6xASNM ~ (2141W040 dALLA&POpT WORTH DIVISION PHILIP F. BAR89A August 14, 1984 VICE PA6610614T, MANA86R Mr. C. David Ham Assistant Director of Utilities Water/Wastwater Divisions Municipal Building Denton, Texas 76201 o. HAND DELIVERED $3 r Dear Mr. Hama This letter serves as :a revision of our request of August; 1984, and Homecrq£t Cnterprises Corporation now request?) permission to tie into existing City of Denton sower facilities, for the purpose of serving units to be constructed on property located in the City of Denton ETJ and referenced in the preliminary plats entitiled Demon ~10unty North Mobile Subdivision and Denton County South Mobile Subdivision. 11omecraft does not now request permission to tie into existing City of Denton water facilities as Homecraft desires to be served by the Vacation Village Water Company. Sincerely, Philip F. Barber PFB/gel ,r. 777, l yy IIII 4 1 A 4 1 i y / VICINITY MAP aww~►~i. SW4 too ?Ci00 N PROP. OENTor4 COUMY NORTH MOBILE SUAbIVISION OATA AREA' AW Ad. 2) NtAW R CA LOTS 274 'U simoks WIDE LOTS a, Vill"* TYR DM N 'A wiM; i12' % 4S' ~sfura. TYP A+ifrA 3040 IF s) OWSLE moo poi's T R CIPTH A Wlor>•I 97'x 6t' TYR AREA 5044 S.F Qy1•~L~ Q) MIN. 4. 97RECT RAO IUS t'!0' ? O, 0;~ 0 otwE~ov~e ~CMECRAFT ENTERPRISES CORP. h r p, ly ;ylf +i i vl.lsa J t• i`,.. r • ~.ti r~;I ~ 4 ~ + t J I I I I I I rI J,1\'~a~~ ti ~ / --I_ly i - I I ~ L.• a I ~ - - '~,I, ~ ~ .J I' f'i"1 I ~L i ~ ~ ~ '1 11 f 1 I' , I I i i 1~ , t L.-j ?_1 L`1. 1 \ / 1 +r.l\ t j `:-:.f I l \ f I l ' , 1 - I I I ~I 1IIrII(~\\.`,,\ ~ / ,,i I....a ~1 :2' ~ 11 -1~ ICI r: I I I ~ f ! i I 1 ~ ~ i -or .i, i I I 4 ~rl :f•.-e.~ 1 I ! I I I I.I i ~`I ! I~I...r:,,, 1.` , ,L \.C r L_•.:L-.. 1 __f :~..:,.I + _ I,. r• ~ ~ ~ \j ~ I J i r 1 I I ~r i I \ \'e. t'•'~}1iJ~r`, _ \`i,w 1~ t.•I. ~ I._i 1 -.1 I L--- ~ ~-lam, ~ I~~ f I I f Irrl`J It J._I_i f l~ TJU r / - f I f 1 +1 . I 't~ I I ` 1 1~ _ ..L_... . _ ! f , t e,. F•C c - t1 1 ( I.. 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V,. ~ _Nw 1 fl r w N ' r r Jk f lfr Cq rll~ 7 t "11 1 11 Si ~ 41 I sO Ip N 11-1 µ 1 n M U Q b 't. i M 11 Y H_ L l a ' _ / 11 r, l`~ • •1 N _17 - ) ~f1Uly, ' TF - _ _ _ _ _ ur r , . 1 F T M r! • N . y l r d l` .N. J: t I l sl N j j } I t. ! - J 1 t J_ r P N / .t.. .f....y r A, •ul ~y: :a. r.+ 11?S_ ~ ~ g ~ _ ..-,~,~._.-~LY+e1i ~_?R'1•----~-•-. 6 11. T-II ♦ 1 _-tTH 666 I IY* .wr) 'r 1I} HL- I ) i r b AIr • C ~ ~ --~'wR~ ~Ti'7rSMlt.^'q, e, ~ ' ~,*r~w `~p{"Fv'~'°T° tin . .y... a.,ryr , . ~~s - a DOCKET N0. 230c APO i;I.C4014 OF`'V "All Vlt 1. 'at ATER' PUBLIC UTILITY COMMISSION ' COMPANY FOR A C€RYIPItArE Of CONVRNIENCE Alip NECESSITY AN0 TO PARTIAI"i Y DECER- Of TEXAS TIF'1CATE THE CITY Of DENTON WI IN DENTON COUNTY EXAMINER'S REPORr Procedural History On December 81 1979, Vacatio 'Villaqa water Company applied for a Certificate of Convenience and Necessity to Pro~ids weter service in Denton County. The requested service area lies within the certificated service area of the City of Denton. On January 11 1979, the City of Denton filed a letter indicating its consent to the certification of Vacation Village rovided that 0600A remain dually certificated to the area. On January 31, 1479, Vacation Village filed a letter requesting to be singly certified and, by implication, that Denton be partially de-certificated, and requested a hearing.' A hoar.iny was condycted;on Mer;;h 140 1479, the City of Denton was represented by its city~attoloheyf Mr. Paul IshAm. Vacation Village; was represented by on* of its ow6ars, Mr, 80, Atwol, also' an attornty. Mr. Jose Varela of the deneral Counsel's office represented the Comwission's Staff. On March 27, 19799 Vacation Village filed a post-hearing brief. i Opinion Vacation Village is a rural subdivision with 141 connections, most of which are mobile 'homes. The applicant is a partnership engaged primarily in real estate development, the waster system being wi ancillary enterprise. The application, as amended, is for two distinct tracts cf land, one of which is substantially developed, the other not, Denton's extra' territorial iurisdictien (r 7J) encompasses most of the undeveloped tract but not the developed area. However, both tracts are within Denton's water service area, which extends in this vicinity slightly beyond its ETJ, Vacation Village is near the shores of Lewisville Lake, a variable level lake. Vacation Village is about four miles from the edge of development in the City of Denton, and two miles from the closest supply of Denton water, Vacation Village has sewer service provided by Denton. Denton is singly certificated to provide sewer service in the area and sewer certiflcation is not involved in this case. The City of Denton sought an extended water service area for essentially the same reasons stated by the City of Waco in Docket Nos, 2$ and 720, et al, to, exercise some control over the quality of water facilities being installed near the city which may eventually be incorporated into the city's water system, Vacation Village objects to being required to install water facilities which meet city standards. Vacation Village uses smaller water lines of less expensive material than, those ',used by the city. Its owners 'allege that most !of its customers are low income ramilieswho choose rural mobile homes to avoid the high cost of'urban housing, To require the developers to install lines of sufficient size to provide''fire'flow capacity and othe'Nisemeet city standards for their water system would require a greater investment (the developers contend) than can be recovered in lot sales or water rates from the potential purchasers of the mobile home lots Involved. '06 the other hand, Denton ,tates it does not plan to extend water service to the area in,question`in the foreseeable future, so Vacation Village's water system 'is the only available water source. .Vacation Village is also concerned about Denton ihnexing their area at soma point in the future and "donfiacating" their water system. Denton stated at the hearing that it requires developers who desire city water to build all the necessary facilities and donate them to;the city. It does not pear to this Examiner that such a policy would be aopiicable to he annexation by the city of an area already served by a self-contained tC i1 , i t y 1 v 1 . r x vy c.. t "fir i t NaM : ~ . water system. In such eviii►tf`the'city, aduld eithor" franchi0ir the privately owned mater system' to continue providing WP ter' Or purch`ese the f04il.ities 04 Meke ;Whatever improvaments it deemed necang to tie iAto the' Q' itryy's,'system+ A "Confiscation", of Vacation Village's /aO, Wes, woild, of course, violate constitutional property {ights. Whether Oenton-,is certificated or npt to the area would appear to be of no relevance to the concerns about future confiscation, A more realistic concern. is that the city might some `day Wand its water lines into the area, not purchase vacation Village's facilities, and compete for its customers. C etition between water systems is an evil which the Commission's certification aut ority is intended to avoid, The solution to the competing concern's of the cities and the rural water %Y# within the cities' M's arrived at in Oockot Nos, 129; et'41, (Wkols BTO) appear sowted to this cases In that case the rural water Systems were dually certific ted and Waco was rWwired to notify the affktdd utility and this Commission at lost 1Q days prior, to the initiation of the construction of any water, facilities intended to proVide service'i`n► the dually cert'ificated area# The reiM~ireeent of such notice .w4s based on the Assueption that' the threaten'iid rural- water system Could complain to this c6maissien get an adjudication on whither or nqt th! gity should ue iloared to s rve'custo rs of tw, rural system, This WO Or concludee thi<t.thfs Comiss on has,juristl~ction to'auiudicate such a complaint in a water case des I ' 4~1j4 V electric cie'tificAtion catoo the Kelt• Case (Docket No. 07): at al i. which the Commission declined to interfere wit! customer's choice In dually Cart,fitated areas, Regarding. Vacation Village's concern that Denton will impose onerous stander as oA future construction of water, aciliti4s it is noted that Denton has agreed to, Vito ion Village's original appplicetion,for certification and there is nothing An the r*cord ,#,hot • such agreement Is onditioned upon 4A agreement by Vacation Village to meet any 4pectfi/d construction sta4ards, The leverage of,"a city, in such a's tluation'comes few- its standing to protest and intervene 'in a rural water system's application to expand its service area within the city's extended service area. The City of 14aco has, for example,. protested such proposed expansions and then withdrawn the protest when satisfied the rural extensions' will meet certain standards. There is evidence in the record that the developersof Vacation Village are planning to build more facilities in,the tract which is already substantially deyeloped,"and it is assumed by this Examiner that they Can, do so by compliance with the standards of this Commission, the State Department of Health; and any other applicable regulations, but without regard to standards for the city's water system. At the hearing, Vacation Village amended its original application to add as part of its service area the undevlloped tract and several shoreline lots In addition to the developed tract. The developers stated that the tract is surveyed and subdivided but that no development has occurred or is contemplated in the next few years. Denton's consent to Vacation Village's original application will not be construed to extend to the. amended application for the undeveloped 'tract.., Vacation Village should apply to Amend its certificate to include the newt tract when It is ready to begin planning the development or e,xtension of water facilities in that tract. Denton, of°course , must be notified of an application to ex'dand VdGation village's service area, and can protest,`if it desires, before this Commission. The. Commission's Engineer recommended the grant of Vacation Village's original application and de-certification of Denton, or in the alternative, dual certification of the area. He did not'make „a recommendat;'on regarding the undeveloped tract included in their amended application. this Examiner' r6COM00Adt that YaCatlon Yi,llage's driginal'applicatdon bl~griAtW • {i'nciuding the shoreline lots Shown in the Amehood' application map); that Dentoh rlrhain certificated to the area sub,jeet to the notifieation,requirwOnt described above, and that the rest of the aree''ineludad in the amendment offered at .the hearing (the undeveloped tract) not be certificated to Vacation Village at this time One Of the Commission's draftsmen has outlined in yellow on Vacation Village's Exhibit 3 that.area recommended by this Examiner 'for certification to Vacation Village. 'e R .AY• ~~lG iMage 3 i n i 'k, f.,F lc& 1, On Oecember'so 1918, Vacation 41140 s Water Company applied for a Cart if 4 to of Convenience and Necessity to provide water service to a subdivision in Denton County shown on' map wM 119.3-78. 2. The City of Denton holds Certificate No, 10195 to rovide water service to the area for which Vacation Village applied. 3. On March 14, 1979, Vacation Village amended its application to encompass additional lots and an undeveloped tract contiguous to the subdivision for which it originally applied as shown an the map exhibit Vacation-3. 4. Vacation Village is capable of providing adequate water service to serve the area outlined in yellow (Original subdivision and the contiguous lakeshors lots to the east) on map exhibit Vacation-3. 6, the City'of Denton has no water fac i11ties in the wt-dice area sought by Vacation Village and has no plans to extend water service to the area in the reasonably foreseeable future, 6, The public will be soeYed and accoomdated by the issuance of a Certificate of ConVenience and Necessity to Vacation Village to provide water service in Denton County. 1. The public interest will be served by the City of Denton remaining dually certificated to the area'cartificated to Vacation Village if Denton is required`to give 30 days notice to Vacation Village and this Commission prior to the initiation of the construction of facilities intended;by Denton to provide water service in the service area of Vacation Village, Con4lpsions of Law 1, Vacation Village Water Company is entitled to a Certificate of Convenience and Necessity to provide water service to the service area in Denton County outlined in yellow on map exhibit Vacation-3. 2. The City of Denton is entitled to remain certificated to provide water service to the same area, subject to the notice provision in the proposed Order. 3. The Commission has authority under Sectlon 16 of the Public Utility Regulatory Act and Its Substantive Rule 052,02,02.031(k) to require notice to the Commission and to affected utilities of the proposed construction of facilities, 4, Substantive Rule 052,02.05,056(e) provides that the Commission may grant additional certification to a utility for all or a part of an area heretofore certificated upon . finding }hat the public convenience and necessity esquires additional certification. Respectfully submitted, VICT LL BLAKEWAY HEARINGS EXAMINER APPROVED on the day of April, 1979. ,1i 1"', 1. .iii ,A i 'u ,r 1.• 7 <<~. ' r'-`': DOCKET NO. 2302 APPLICATION OF:VACATION VILIA46 WATER PUBLIC UTILITY COMMISSION COMPANY FOR A C ATIFICAT9 OR CONVENIENCE ANO NECESSITY AND TO p RTIALLY DECER- OF TEXAS TIFICATE THE CITY OF OENTbN WITHIN 0 NTON COUNTY OROPR In public meeting at its offices in Austin, Texas, the Public Utility Comiision of Texas finds that, after proper statutory notice was given, the above styled and numbered cause was heard by one of its Hearings ;Examiners, who prepared a Report containing Findings of Fact and Conclusions of Law, which Report is hereby adopted and made a part hereof: IT IS THEREFORE OROEREO: 1. That Vacation Village Water Company is granted Certificate No. 11524 to provide water service in Denton County within the area outlined in yellow on map exhibit Vacation•3. 2. That the City QQf Denton give'dotice to the Commission and Vacation Village Water Goinpany 30 days prior to the igqitiation (by it or a third party) of 'the construction of any facilities with which it intends to provide water service 'within the servile area of Vacation Village. RENDERED AT AUSTIN,-TEXAS, on the 151:11 day of May , 1979. PU8LIC UTILITY C011415SION OF TEXAS SIGNED: ROW M. COMEN SIGNED: SIGNED: L R. ERWIN • ATTEST: PHILIP F.RIS 5ECRETARY'OF E COMMISSION 1 l 1 6 C441r VACATION ,VILLAGE-VATER,,.C . ,,F 1, ; ;~,.•t ~~.s liuuizt' iz~{~'~' tt ,p~i~i~b'•for cer#ifirutio'rt~# ~prvU~~~~,£tttt#er uttlt#g sip s r e t60ttigrtce ttnb ti cue # ~ f the public, ttn~ `H fort, that tho`public i! hi bed'' , r;hb tliio fed , r ~.~L/Snulb i fbr# be rib t ,hb of Such 70ruir e +R~ ~~~Pllrttrt# ~i0 $zztitl9 b# er gr~tt#eo rff fi 7 j f let l ~ n r ww \pr fbe fntt# r ~u1if xtj4er%iUi `#tt''# tat to rye s ire (t t~~i 6 U'41 (®rrr or onto ttrstuzr~-ix~~bre'r> i~r (1~r~era art on 'f # #hi~: bmmig iu''' ffi'.: {uY u textt ; ttrtb ttre or ' •xt►Mt#Lr~ 'i3 fi~,~ztl`xeF pxP ~n#g bode ~etu e'itu# art ttrtD t of this Grurtta to th the Woe of fhisttt#e vr"e prabisuz, u#ili#g s~erit'£#r~ r ttttb tt_~•` th -2aul o - f- this f~omntio$ton; to mig paive old ur t~s~nb # is tllerttftctt#e ttriiibgf t" af. ##ii ` t mmissinn #o rod in£~s~aie'r.'tri Is~tr# u~t,att tt oulrsEsqui¢nttxfisirt tttt the pudic tortb'e 'titmg ttnb zter' ooi#t baoul'4 ,flrg' b' 'tier' pertig~t therebg. 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' ✓ , I ~If ',A I/d j1 If,,/ 1 ',1` /t I ; ofoI VACAUM VILLAGE 66"!!5 tt 1+~'.. w' m~ 11 of 19 t1. 1'i • '1 tl 'I + wlllllN VW V*ots IW PL'A MI IID ;it of WON 1 •HI J u) t ~1 ,QF ~•Y Y 111 7 4L a IV 0 1 dl►'F-.- Sf3t -?Gi y~ 77 +1 7 , 1 , , ' 06~`,1ttT~ t A11t;YCAT1 01 +'ACAT Y PUBLIC UTILITY Coklisto ppS~~ FA A A "ENC N QrN p OF TE%AS PO4 At COUNTY R 14M %~~RP T Pros. ural Histor,2 On February 25, 1981, Vacation Village Sewer Compo.y (Vacation village or COM4Ay) fl led an 4001104tion e0mosting A sewer revenue Increase of $2,982 or Six, as w11 as watu4 revenuw increase, whiuh ApplicatJoni were assigned Docket No, 3756. On Narch S, 1981, the proposed rate increases were suspended for 120 days beyond the otherwise effective date pursuant to General Counsel's motion, A preheaeing conference was held on April 7, 1981, Notice of the water rate increase was given to all Interested personS,'and numerous protests of the proposed, water increase were received, On May 21, 19!19 Vacation Village filed Its applicationt for a Certificate of Convenience and Necessity (CM for the sewer system, which application was assigned Docket No. 3888. The hearing on the merits was conducted on June 14, 1981, with appearances entered by Mr. .4.A, uott. on behalf of Vacation Village, )oeser's, Leon Coy and James Leighton on behalf of the consuarri, and Mr, Steven Porter on behalf of the Commission Staff, At the hearing, Docket No's. 3756 and 3888 were consolidated. Subsequent to the hearing, it was discovered that the service area r""sted in Occ%ot No, 3888 overlapped that of the City of Denton, and that proper notice of the application had not been provided to the City of Denton, Therefore, Docket No. 3M was . severed from Docket No. 3756. Further, at the hearing it was discover" that no nOtfce of the proposed sewer rate increase was given, Upon Vacation Village's extension of its proposed effective date for the sewer rate increase, the Examiner severed that portlon from Docket No. PS6 and consolidated it with Docket No. 3868, Therefore, the Examiner's Report and proposed Final Order, below, will deal solely with the proposed sewer rate Increase and CCN application. On July 20, 1981, Vacation Village filed a publisher's affidavit In support of the sewer rate increase, Vacation Village subsequently 'filed a publisher's affidavit in support of 'he CCN application. No additional protests or requests for hearing have been received, Opinion Vacation Village 1s a partnership providing sewer service to approximately 196 residential consumers within rural Denton County, its currant rates are 52.75 per M"th per customer, and its proposed rates are $3.75 per month per customer. I, Certification i j Vacation Village has been serving the present area, consisting of a subdivision known as Vacation Village Estates, since July 1974, The area in which it currently serves is presently certificated to the City of Denton (City), The City was provided notice of ' i , r ; ' ^ T^5„"i.R°ni ~..,.-F _ 7.4° ^5Ta , fm •{Y the co 40110etion, ehd hslw expressed no opemsition to 4411y eertiftcatin~ itself aim V#c#tien Yillap t9 the sllbdir1~10n, Thy' V4401aft 011490 syst" conslsill of SOW 1ide4 which connect to a `lift station a+i disposal system owned 40 QW41led by the City, Therefore, Vacation Village is 1Oequ4;tinq clrtiflcation of the lines in the subdivision, but not the lift station and treatment plant, The Staff, fngineer reeoeaaeQded that 114cation Village oe dually certifIWO to the Vacation V1114ge Estates subdivision, S1nce it is the only utility having sewage disposal lines in place in the subdivision, and sinoc the City perform% the aotu4l treatment of the sewage and has no objection to the proposed certification, the Examiner finds that it it necessary to the service, acowoclatlon, convenlence, and safety of the public that Vocation Village be granted a certificate allowing It to provide Sewer lines to the Vacation Village Estates subdivision pursuant to TE%,REV,CiV,STAT,ANN, art, 1446c, 04 119E+01. 2. Allocation of Rate Base and Expenses As Stated above, Vacation Village is a partnership servinq a subdivision consistinq of 196 Consumers. Adjacent to that subdivislon is a mobile home area consisting of 46 consumers which is owned by one of the partners who owns Vacation Village, Vacation Village supplies rawer service to these mobile homes at no charge, although It 4ppears that rent is adjusted to Include $ewer service supplied to the hoaws, None of this revenue is received by Vacation Village, however. The Staff eecommended that rate base and expenses be reduced by 19% to account for that portion of the system used to service the mobile home park discussed above, Another possible way, to deal with the situation would be to offset revenue requirement to account for those consumers, Nowevur, the area is not metered, and it may not be possible to mater because the system is looped, and gallonage consumed in that area is therefore not possible to calculate, As a result, the Examiner recommends that the Staff's proposed methodology be adopted. The consumers disagreed with the delotion of 19% of rate base and expenses related to the mobile horse park because they disputed the number of residences within the mobile home lot, There is no evidence that the number used by the Staff 's Incorrect, Further, the Staff's allocation methodology was approved by the Commisslon in the companlon case to this docket, Application of Vacation Village Water Company for a, Rate Incrpt , Docket No. 3156, 7 P.M. BULL, ,Y, (August 4, 1981), The Examiner therefore recommends adoption of the Staff's methodology in this docket, 3. Invested Capital Vacation Village's original cost of plant In service of $150,071 and accumulated depreciation of $170411 -meet reduced by 19% by the Staff Accountant to produce a net original cost of 1107,465. To net plant was added 5528, representing one-eighth of the Staff's recommended opeedtlons and maintenance expense, to produce a total invested capital of $107,983, The Examiner finds the Staff Accountant's calculations to be reasonable, and 'recommends a total invested capital of $107,983, the,'Staff enji'eer, calculated `a composite deoreciatlon rate of 2411l111 for the system, which he eat"eendad'be'soolled to all property now.awnad by the Ca p'any, His recommended depreciation rate produced an annual expense of $2,402 when applied to the .r z 1 P~ +a ,n nj.gti.pe y,T, ~k 7M Mt `plant a1lowgd abeVe, , Mor 411 J11101e 4441400d in the future, the Staff ln~ineer recooft6ded that Vocation V0,142e use the deo0e0letIon rites set forth on the ottached Exhibit i. The exiolew concurs with the Staff Ingineer's eecOMAdatfoo. 4. Return ' To calculate the appropriate return on Inv+sted capital for Vacation V M 410, the Staff Accountant used a weighted cost of Capital Aporoach, She determined from an examin4tion of the Company's books that Vacation Village is Composed of 1009 equity. While there are Some funds nwod by the Company to thu pArtners, the "ClO W are lon• interest bearing with no set date for principal payments, Vacation Village's witness testifled that neither principal nor interest was paid during the test period, and that no payments are likely to be made in the near future, Therefore, the Staff Accountant chose to consider the notes as equity rather than debt. i She computed the cost of equity by using the average annual prime interest rate for the period April 1980 through March 19nl and adding two percentage Points to recognize the Increased risk of a water utility operation. Ner recommended cost of equity, and invested Capital, was determined to be 17.99%, for an annual return of $19,426. The Examiner finds the Staff Accountant's recons Mation to be reasonabt• and therefore recommends its adoption. 5. Cost of Service The Staff Accountant made the following adjustments to the Company's requested cost of service, 1; Y e"•" Qi~e~ STAFF Tes"st Per, a Description _Amount Amount Adjustments Recommend; ons Salary and Wages S - S • S 693 (a) S 693 Utilities 88 (b) 88 Office Supplies - 90 c 90 Regulatory Expense 350 d 350 Accounting and Legal 66 a 66 Miscellaneous Expense 3,948 3,630 (690 f 2,940 Depreciation 3,002 3,002 (600) 19) 2,402 Payroll Taxes - 49 (h) 49 P.U.C, Assessment 44 1) 44 Return (11112) 2,188 17,2J8 J) 19,426 Revenue Requirement 5 5,838 -$8- $17,323 S 26.148 (a) Salaries and wigos The' Company requested that all salaries and wages bP allocated to the water operations in Docket No. 3756, In that case, to:,' expenses were reduced by 19%, and 85% of the remainder was al',ocated to the water company." Therefore, the Staf+ Accountant recommended that the remaining 15% be allocated to the sewer company. {b} Utilities The Staff Accall0t4nt allocated 169 ' Of the 111ow01e utility expense incurred by the water and sewer companies in 19800 annuall:ed to reflect the rate increase granted to Texas Power and Light Company its mrlst recent rate case and reduced by 19%, to the sewer company, (c) Office Supplies The Staff Accountant reduced the requested amount for the water and sewer companies by $230 as not suffi iently known and measurable. A further 19% was deleted and 15% of the remainder was allocated to the sewer company. (d) Regulatory Expense The total requested amount for the water and sewer companies was allocated 50% to the sewer company and amortized over two years, (e) Accounting and Legal The total amount for both the water and Sewer companies was reduced by 19%. Of the remaining expense, 15% was allocated to the sewer compao (f) Miscellaneous The requested amount was reduced by 19% to allocate costs between utility and non-utility customers, (g) Depreciation the Staff Accountant utilized the amount recommended by the Staff £nginaer in Section 3, invested Capital, above, (h) Payroll Taxes The Staff Accountant recommended payroll taxes based on the amount of salaries and waq,s assigned to the sewer company, (1) P,U,C, Assessment The Staff Accountant recommended inclusion of ,1667% of the Staff's recommended cost of service, (S) Return The Staff Accountant Included the amount recommended in Section 4. Return, above, the Examiner finds the Staff Accountant's recommended cost of service of $26,148 to be reasonable. However, pursuant to Commission policy, she recommends that Vacation Village be limited to its requested cost of service of $8,820, 6, Rate Design As stated above, Vacation Village's current rates are $2,75 per customer and Its requested rates are $3.75 per customer, The Staff Engineer computed rates of 111,12 per month, based on the Staff's recommended cost of service, However, since the Company is limited to its requested cost of service, the Staff £nginwer recommended that the sewer rate be set at the requested level of 53.75 per month, The Examiner concurs with the Staff Engineer's recommendation, . 11, m- , t . I, flndine's of fact 1. On h6ruaty ZsM, :1941, V u atl" 411149e Sewer Comp4ny (Vacation 4111494 Or COM00Y) filed an 001144tion rtcu/sting a revenue Increase of $2,982 or 15%, which was assigned Docket No, 3756, 2. On march 6, 19811 the proposed effective date was suspended for 120 days pursuant to General Counsels motio», 3, On May 21, 1981, VaCatlon V11169e filed its application for a Certlflcate of COOYfit10041 and NeCe sity (CCN) for its sewer r operations, which application was assigned Docket No, 1888, 44 Proper notice of the rate Increase was given, 5. Proper notice of the CCN application was given, and no parties protested the appllu tion, 6. the sewer rate increase was severed from Docket No. 3756 and consolidated with the CCN application contained in Docket No, 3888. 7, Vacation Village Is a partnership providing seer service to approxiaWtely 196 residential consumers within rural Denton County. 8, Vacation Village's current rates are $2,75 per customer per month. 9, Vacation Village is provldlnq sewer service to a mobile home area consisting of 46 customers at no charge. 10, Vacation Village has been providing Vacation Village Estates with sewer service since July 1974, It. The area in which Vacation Village serves is presently certificated to the City of Denton (City). 12, The City has expressed no opposition to the CCN application. 13, Vacation Village owns sewer lines only, while the City provides the lift station and sewage treatment. 14, Vacation Village is the only utility with sewer lines In place In the area in question, 15, It Is reasonable to reduce rate base and expenses by 19% to account for water supplied to the customers the subject of Finding of Pact Number 9. 16. Vacation Village has net value of plant in service of 5107,455, consisting of original cost of 5121,558 and accumulated depreciation of $14,103 17, Vacation Village has an inveeted capital of $107,983 consisting of net plant of $107,455 and working capital of $523. -77 ~ y R 71 ' 1 ,r la, It If r4404n410 for vacation villile to apply a deprlciitIgo rate, Of 1,111%, for an annual 4 plnfl of 52,409, to all pr"*rty It now OM$ W to 601y the depreolo ion' total fat forth on Exhibit I to all property acquired In the future. 19, vacation Villages capital structure is composed of 100% equity, when outstanding "debts" owed to the Company's owners which bear no Interest and no set dates for principal payments are treated as equity rather than debt, 20, A rate of return of 17,99%, for an annual return of $19,425, is reasonable for vacation village, 21, vacation Village has a cost of servlce of =251148, the components of which are set forth in the Examiner's Report, However, pursuant to Commission policy, Vacation Village should be limited to its requested cost of servlce of =8,820. 22. A rate of $3.15 per customer per month Is reasonable for Vacation Village. C4A41,4020%. of 1,1W 1. The COMMission has jurisdiction over this matter pursuant to TEX, REV, CIV. STAT, ANN. art, 1446c, 5316, 37, $3 and $4 (1980), 2. The Company is entitled to charge the rates set forth in Finding of Fact Number 22. 3, Vacation Village should be ordered to apply the depreciation rates set forth in Finding of Fact Number 18, pursuant to TEX,REV.CIV.STAT,ANN, art. 1446c, $27 (1980), 4, It IS necessary for the servlce, accommodation, convenience, or safety of the public that Vacation Village be granted a Certificate of Convenience and Necessity to provide sewer service to the area known as Vacation Village Estates shown on Map Exhiblt 8 attached to the application In this docket, Respectfully submitted, aa" HEARINGS EXAMINER APPROVED on this the rr~ day of p_ 1981, "'OJT ';:;ECTOR OF HE INGS a t 2 ht' ,a e.a@YiY .C:IL ~$81Y28 4~. e . "tewfR SYM14 RECOMMENOCO OEPRWATiON RATES c Account Account Se v CI r• No, I1 _ Llf •Yr 941:64 324 Pump(a soo ter 30 3.333 ((b Wei •$HP & less S 201040 (C +411-NHP 6 up 10 10,000 331 Misc. Plant s0 2,000 332 Gas C120 Chem. Feed 20 51000 4ypoghl0riO&tor 10 10,000 3456 Meterf, Services 20 5.000 352 Collection System s0 2.000 321.361 Strv tunes 9Se Masonry 30 3.333 (b~ Hood 20 1.000 370 Land 391 furniture, fixtures 10 10.000 392 Vehicles $ 20.000 394 Shop Tools 1s 6.667 395 Lab Equipment 10 10.000 396 Heavy Equipment 10 10.000 397 communication Equipment 10 10.004 ' v .e+v~ ~t-i ~•n-p `,IUI,~•s~ 1wn ~ry~~ trV1M1r11~r n51~ ~ T twn ~ IRT ~1.+1•.+ .f.., APO I' ACC R. QrI►~at 1 TI PueLic uttLtrr` Cawc;s;aN i~NiC,t ~rttwttEA ` OF TEXAS E t►~CRGSE vt~i ~r~ aENraN cntx~rr ONOER !n publ14 meeting at Its offices in Austin, Texas, the Public Utility Coavwjjton of i Texas find; that after Statutory 'notice was provided to the public and Interested persons, the above styled application was heard by an Examiner who filed ! eeporr containing Findings of Fact and Conclusions of Law, which Examiner's Report is sdooted and made d part hereof, The Commission further Issues the !ollowinq Order; 1. The application of vacation VI11490 Sewer Company for a rate increase is GAA4TEO as set forth in finding of 'Fact 'Number U. 2. Vacation Village Sewer Company is ORDERED to apply the depreciation rates set forth In Finding of Fact Number 1$, 3, vacation Village Sewer Company is hereby OAANTEO Certificate of Convenience and Necessity Number 20$66 to provide sewer service to the area known as vacation Village Estates, set forth on Map Exhibit attached to its application in this docket, as requested. 4. Vacation Village is OROEREO to file a tarif,' reflecting this -jLea granted herein within twenty (20) days of this Order. ISSUED AT AUSTt!;, TEXAS, on this 16th day of September 1~S1. PUBLIC UTILITY COMMISSION OF rEXAs SIGNEOo GEORGE M. MOEN SIGNEO SIGNED; 1 A TEST: 5ECRETARY Of HE COMMISSION sb/ac ri7. 1 .'Z r 1 . / J o if`y. ✓i I 1 r.~r,jC;;.a 77, 7177T 77. miD06e"PuOlis otilities Board } Au0st 29, 1944 Paso 2 4. A>~ PROVIDING WATEK/SXWER SERVICE TO DENTON 'COUNTY "''6 gD74i~ f'"XAtf"1tON .-Y ~'Sb' "t~a`#tl cal L, V, -EAST _-MCKIPINEY TES -16 Has reviewed this item stating the area is not certified to be served by Vacation Village, The Developer will pay for all costs of extensions, The Staff recommends that the Board should not support the petition for service by Vacation Village, The Developer will accept the Boa'rd's recommendation that (1) Cite City provide both water and wastewater service to the proposed developmont', and (2) the Developer will pay all coats of line extensions and other costs normally associated with such development and service extension, Herrin aaad~t a motion to accept the Staff recommendation p roviding soot t re the Developer pays all costs. Laney amended the It n~ by stating approval should be subject to engineering analysis. Second by Coomes, Five ayes, no, nayes, motii6a carried. 54 DE 5IDf:R ' ANITARY EWER bFMAIN FOR JO STORM HONES DIMENSION _'"bEf~'l'ON=~tt309StSlCf L7►'1'6'~'l`X'r'E CRUM$ Ham inLroduced this item stating the City would pay for overaixing the 8" x 15" line (8,8201-), save a total of appproximately $198,000. The construction cost for a large L 13ne (24';'), would he $420,000. Thompson requested we coropsre Costs of first-on-line fees to consumapption fees, Cobme s ,re',4uested to see hard cost figures. Tk s item was !,&bled, ' 116, action ttken. lip. F f PA k4wt 9/lV" H. Consider providing Meter " sewer service 'outside Denton city limits to Jay-Max Additions lot 10 block 1. Mr. Ham stated this,-is a request for water and sewer outside the city limits of Denton, The Joy'^*r Addi- tion is a small devOopment of light industrial machine shop and oommercial_office space proposed on FM Road 2181 (South Teasley Lane) ad scent to Old Alton Church. He stated therepresently exist* an 8 inch water line and a 15 inch sanitary sewer line which have very re- cently been!cohstructed by the Hickory Creek Mobile Home Park deyioper 'in this area. He stated Jay-Mar Addition propo os to',',pay pro rata charges in order to tie on to tlo adjacent sanitary sewer lines and since FM Road 2.81 is a state highway, they propose to tie on and bore underneath this road to the 8 inch water line `Across the frontage of their prop~rty on the south side of P Road 2181. He stated the Public Utility Board rocomw4nds approval on question from Alr. ,;laiborne, Mr. Ham stated yes, the water lire a17:,,. ireaf; lIP exists. r Mr. Sidor commented he sees no reason not to recommend approval. Mr. Sidor wade a motion to recommend approval to consi- der providing water and sewer tarvioo outside Denton city limit's to Jay-*r Addition, lot 1, block Seconded by Mr. goo" and carried unanimously 'p-O). i. Consider providing water and sewer, service to West Lake North/South Addition (formerly Denton County North Mobile Subdivision and Denton County South Mobile Subdivision) on East McKinney Street adjacent to vacation Village Estates. Mr. Ham stated Homecraft Development Services, Inc. has requested Dentoh-sewer service for the purpose of r their new development. He `stated Homecraft did not request per*isision to tie'into'the City of Denton water services instead expkessed~-a desire to be served by the Vacation Village Watfz Coipany..'Ho.stated 'the'develop- ment s'to be oonstructed;on East McKinney, Street. adjacent to Vaaation';villagga Estates. He stated this pro Oct is 552 lots.and wi~;l consist essentially of mobile home iites tormed.as manufactured housing and at the present time Adequate water and sanitary sewer facilities do not exist in this area except for water wells serving Vacation Village;Estatess which are not adequate for these two new subdivisions and some capacity does remain on the sanitary sewer lift stations which would be inadequate for these two new subdivisions. He for rther stated since the Public vtility Board met on August 15, 1984, the uti.lity,'stiff has detaftined that the sewer loading of the new, development would require i4rovements`to the exiating lift station-with a new forced main and a new gravity line to serve this ~ i = 'Ml~►ake• tege ~ rapooed dbvelopftnt. IN addit.ipn; the utility ;qo- rtmsnt staff would recoftend tbat this new sub" div' ision development be served •by extending A. water line from Mayhili Road down McKinney Street to this now developments The miss of this water line should beet least a 12" *is*, He further stated any over- sizing or sewer extensions w.11 be borne by the de- veloper, Mrs 'LaPorte made a motion to recommend approval to consider provide, water and seder service to West Lake Noith/South Addition `(formerly Renton County 'North And Denton South Mobile Subdivision) on Em#t McKinney Street adjacent to Vacation Village Estato5. Seconded by Mr. Sscue and unanimously carried (7-0), ~~b d~'` 'n; ~'l'ir 1 -_8i',• too L~' f ~ \ .V1 Y` i;r