HomeMy WebLinkAbout11-06-1984
CITY COUNCIL
AGENDA
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CITY OF DBN'C0~CITY COUNCIL
November 6, 1984
Regular Meeting of the 'City of Denton City Council on Tuesday,
November 61 1984, at 7:00 p;m, in the Council C14ambers of the
Municipal Building at which the following items will be
con,tidered:
7:00 p,m,
11 Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations, Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations,
A, Consider adoption of an ordinance accepting
competitive bids and awarding a contract for the
purchase of materials, equipment, supplies or
services; providing for the expenditure of funds
therefore; and providing for an effective date,
1, Bid M 9352 - Street lights
2, Bid M 9356 - Printing for Parks and
Recreation
2. Public Hearings:
A. Z-1678, This is the petition of J. Daniel Shea
requesting a change in zoning from the single
family (SF-7) classification to the planned
development PD) classification at 1425 Anna
Street, If approved, the planned development
would allow the addition of a garage with an
a P,rtment overhead at the rear of the lot. (The
planning and Zoning Commission recommends denirtl,)
B. This is the petition of Homer and :ean Bly
requesting historic landmark (H) designL~tion at
213 Bast Oak Street. The lot is located at the
northwest corner of Oak and Oakland Streets,
(The Historic Landmark Commission and the
Planning and Zoning Commission recommend
approval,)
C. Z-1696, This is the petition of the Robert
oolfoway Corporation represented by William Dyer,
requesting a change in zoning from the
agricultural '(A) classification to the planned
development (PD) classification on a 128 acre
City of Denton City Council Agenda
November 6, 1984
Page Two
tract 'locate'd adjacent and east of FM 428
(Sherman Drive) and adjacent and north of Kin s
Row and the Cambridge Square Subdivision,f
approved, the FD will permit the fo lowing land
uses:
Single Family (SFilQ) - 122 units on 431 acres
located adjacent and north of Kings Row
Patio Homes - 70 units on 11 acres
Duplex - 54 units on 6 acres
Single Family Detached - 55 units on 13.8 acres
Fourplex - 108 units on 9 acres
Multi-Family Restricted - 333 units on 38,5 acres
Office - on 4,2 acres
General ketail - on 10 acres
Park - on 10 acres
(The planning and zoning Commission recommends
approval,)
D. Z-1699. This is the petition of M 8 B Metal
r~'oaucts, Inc,, represented by Randy Smith,
requesting a change in zoning from the
agricultural (A) citssi£ication to the light
industrial (Ld) classification on a 1,9 acre
tract located on the west side of Bonnie Brae
Street, approximately 19000 feet south of
Willowwood Street, The tract is more
particularly described as 1900 Bonnie Brae
Street. (The Planning and Zoning Commission
recommends approval.)
3. Ordinances;
A. Consider adoption of an ordinance approving a
contract with Denton County Friends of the Family
in the amount of $2S,000 to provide emergency
shelter and counseling to women and their
children who arks victims of family violence, to
provide counseling to victims of rape and their
families, and to provide community education
services concerning rape and family violence.
(The Human Resources Committee recommends
approval.)
B. Consider adoption of an ordinance approving a
contract with Services Program for Aging Needs in
the amount of $25 000 to provide transportation,
hot meals, and information and referral services
to persons sixty (60) years or older, (The Human
Resources committee recommends approval.)
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City of Denton City Council Agenda
November 6, 1984
Page Three
C, Consider adoption of an ordinance approving a
contract with Fred Moore Child Care center in the
amount of $18 000 to provide day care for low
income families, information and referral
services, protective day care for abused
children, and family self support services, (The
Human Resources Committee recommends approval.)
D, Consider adoption of an ordinance approving a
contract with Retired Senior Volunteer Program in
the amount of $6,000 to offer opportunities fov
retired persons sixty (60) years of age or older
to do volunteer service in the community) (The
Human Resources Committee recommends approval.)
4. Official Action on Executive Session Items:
A, Legal Matters
B. Real Estate
C, Personnel
D, Board Appointments
S. New Business:
This item 'provides a section for Council Members to
suggest items for future agendas,
C H R T I F I C A 'r B
I certify that the above notice of meeting was posted on the
bulletin boar at the City Hall of the City of Denton, Texas,
o_ _t. a day of 1984 at . C o' clock
(a
CITY 4RCRETARY
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1sssC
CITY OF DEN' i`ONNCITY COUNCIL
November 6, 1984
Regular Meeting of the City of DOntotl City Council on Tuesda ,
November 6, 1984, at 7;00 p,m. In the Council Chambers of the,
Municipal Building at which the following items will be
considerod;
7;00 P.M.
1. Consent Agonda;
Each of these items is recommended b the Staff and
approval thereof will be strictly on the basis of tile.
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implemont each atom in accordanco with the Staff
recommendations.
A. Consider adoption of all, ordinance accepting
competi'Live bids and awarding a contract, for the
purchase of materials, equipment, supplies or
services; providing for the expenditure of funds
therefore, and providing for an effective date.
1. Bid N 9352 - Street lights
2. Bid H 9356 - Printingg for Parks and
Rocreatioil
2. Public Hearings;
A. Z-1478. This is the poticion of J. Daniel Shea
requesting a change in zoning from the single
family (SF-7) classification to tilt planned
development (PD) classification at 14'25 Anna
Street. If approved, the planned development
would allow the addition of a garage with an
a)artment overhead at the rear of the lot, (The
Panning and Zoning Commission recommends denial.)
B. H-33. This is the petition of Homer and Jean Bly
requesting historic landmark (14) designation at
213 Bast Oak Street. The lot is located at the
northwest corner of Oak and Oakland Streets.
(The Historic Landmark Commission mnd the
Planning and Zoning Commission recommend
approval.)
C. Z-1696. This is the petition of the Robert
Holloway Corporation represented by William Dyer,
requesting a change in zoning from the
agricultural (A) classification to the planned
development (PD) classification on a 128 acre
City of Denton City Council Agenda
Novembor 6, 1984
Page Two
tract located adjacent and east of FM 428
(Sherman Drive) and adjacont and north of Kings
Row and the Jamb ridge Square Subdivision, if
approved, the PD will permit the following land
uses;
single Family (SF-10) - 122 units on 43,1 acres
located adjacont and north of Kings Row
Patio Homes - 70 units on It acros
Duplex ; 54 units on 6 acres
Single ilamily Detached - 55 units on 13,8 acres
Fourplex - 108 units on 9 acres
Multi-Family Restricted - 333 units on 18,5 acre!e
Office - on 4,2 acres
General Retail - on 10 acres
Park - on 10 acres
(The Planning and 'toning Commission recommends
approval.)
D. Z-1699. This is the petition of M B Metal
rP` o ticts, Inc,, represented by Randy Smi th,
requesting a change in zoning from the
agricultural (A) classification to the light
industrial (LI) classification on a 1,9 acre
tract located on the west side of Bonnie Brao
Street, approximately 1,000 feet south of
Willowwood Street, The tract is more
particularly described as 1900 Bonnie Brao
Street, (The Planning and Zoning Commission
recommends approval,)
Ordinances:
A, Consider adoption of an ordinance approving a
contract with Denton County Friends of the Family
in the amount of $25,000 to provide emergency
shelter and counseling to women and their
children who are victims of family violence, Lo
provide counseling to victims of rape and their
families, and to provide community education
services concerning rape and family violence.
(The Human Resources Committee recommends
approval,)
B. Consider adoption of an ordinance approving a
contract with Services Program for Aging Needs in
the amount of $25,000 to provide transportation,
hot meals, and information end referral services
to persons sixty (60) years or older, (The Human
Resources Committee recommends approval,)
City of Denton City Council Agenda
NovembQr 6, 1984
Page Three
u. Consider adoption of an ordinance approving a
contract with Pred Moore Child Care Center in the
amount of $18,000 to provide day card for low
income families, information and reforral
services, protective day care for abused
childron, and family self support services. (The
Human Resources Committoo recommends approval.)
D. Consider adoption of an ordinance approving a
contract with Retired Senior Volunteer Program in
the amount of $6,000 to offer opportunities for
retired persons sixty (60) years of ago or older
to do volunteer service in the community. ('The
Human Resources Committee recommends approval.)
4. Official Action on Executive Session Items:
A. Legal btattors
B. Real Estate
C. Personnel
D. Board Appointments
S. New Business:
This item provides a section for Council Members to
suggest items for futuro agendas.
G E R T I P I G A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1984 at o'clock
(a.m.) p.m. _
-MM 813CRETARY
1555E
0890L (44L)
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NO.
A
N ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE E MATERIALStP~ SUPPLIES OR SERVIE
PROVIDING UFOR THEOLXPENDITURE ,OFQI'UNDSVTHEREFORE; A141) PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Cho City has solic-'.ted, received and tabulated
competitive bids for the purchase o, necessary materials, equip.
ment, supplies or services in accovdikncn with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a deslgnatod employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials equipment, supplies
or services as shown in the "Bid Proposals;' submitted therefor;
and
WHEREAS, the City Council has provided in the City Budget
for the appropriation of funds to be used for the purchase of
the materials, equipment, supplies or services approved and
accepted horain; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that 'he City Council approve all expenditures of more than
$3,OOf; and
1+'NEREAS, Section 2.09 cf the City Charter requires that
every ai~,t of the Council providing for the expenditure of funds
or for the contraoting of indebtedness shall be by ordinance;
NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I.
That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items;
BID NUMBER
ITEM N0. AM01,'NT
1 9156 All 53,691.001~4,l6ii.C0
' 9253 Item I y
9253 Item 2 $ 8,056.30
9253 Item 3 $16,092,00
9250 Item 4 $ 1,979.50
C 9253 Item 5 $ 4,875.00
SECTION it,
teat by the acceptanco ant approval of the above numbered
items of the submitted bids, the City accepts the offer of the
persona submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
PAGE 1
SECTION III.
That should the city and persons submitting approved and
aooeptod items and of the submitted bids wish to enter into a
formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the City Manager or his designated
representative is hereby authorised to execute the written
contract which shall be attached hareto; provided that the
written contract is in accordance with the terms; conditions,
specifications, standards, quantities and specified sums
contained in the Bid Proposal and related bid documents herein
approved and accepted,
SECTION IV.
That by the acceptance and s roval of the above numbered
items of the submitted bids the City Council hereby authorizes
the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized heroin,
SECTION V.
That this ordinance shall become effective immediately upon
Its paasaga and approval,
PASSED AND APPROVED this 6th day of Novocober~ 1984,
i
fi`0 , S MART ,,`FiAYC~t
CITY OF DENTON, TEXAS
ATTEST;
CMMM U LM, 'fiY sY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL SORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
SY
PAGE 2
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING: November 6, 1984
COUNCIL AGENDA ITEM N: Consent
SUBJECT: 810 #9253 STREETLIGHTS
SUMMARY: This bid is for the purchase of streetlights
and lamps to replace warehouse inventory.
ACTION REQUIRJ'1: Approval by Council and Award of Bid
SOURCE OF FUNDS-, 1984-86 Bud got Funds for Working Capital
Acct. #710-004-0598-8708
RECOMMENDATION: We recommend this bid be awarded to the lnwest.
bidder for each item:
Item .1 Temple, Inc, @ $47.25 ea. Total $18,900.00
Item 2 Graybar @ $53.71 ea. Total 8,056.50
Item 3 Graybar @ $80.46 ea. Total 16,092.00
Item 4 Graybar @ $79.18 ea. Total 11979.50
Item 5 Temple, Inc, @ $16.25 ea. Total 4,875.00
Total
EXHIBIT: Tabulation et
SUBMITTED BY: tC >
Tom D. Shaw, C.P,M,
Assistant Purchasing Agent
BID 1 9352
BID Streetlights ~ ~
Kriz Polelin Nelson Temple Cummins Graybar Dealers Westingho e
OPEN 10/30/84 2;00 P.m. Davis Co. Electric Electric Inc, Supply Electric Electric Electric
Supply Supply Co, Co, Supply Supply
ACCOUNT 710.004-0598-8708
VENDOR VE ME— VENDO _ ~MDaff
1 200 590685 100 watt type 2 54.66 NO BID 48,80 47,25 52,80 53,71 54.38 48,45
1
2 150 590686 100 watt type 2-4 66,40 NO Blk 61.60 59.40 61.59 7.r,
3 200 590691, 250 watt Type III 83,68 NO BID 93.30 90.25
4 r25 590687 250 watt Type 111 84.68 NO BID 91,65 100,00 82,87 79 18 85.00 88 !
_ M
5 300 361562 250 watt High Pressure 17,85 18,65 17,65 16.:15 18,117 18,45 16.87 17,35
DELIVERY 2-56 days 10 days 45 days 8-42 days 14-21 days 3-4wks 6 days 28-42 days
CITY COUNCIL AGENDA
SACK-U1• SUWARY SHEET
DATE OF MEETING: November 6, 1984
COUNCIL AGENDA ITEM Consent Agenda
SUBJECT: BID #9356 PRINTING FOR PARKS & RECREATION
SUMMARY: This bid is for the printing of the Parks and
Recreation Department's Winter/Spring, Summer
and Fall brochures, The brochures range between
24 and 32 pages dependin upon the amount of copy,
Group Graphics bid $3,69 BOO for 24 pages and
$4,166.00 for 32 pages.
ACTION REQUIRED: Approval by Council and Award of Bid
SOURCE OF FUNDS: 1984/85 Budget Account #100-003»0062-8101
RECOMMENDATION: We recommend this bid be awarded to the only
bidder, Group Graphics, for the printing of the
Winter/Spring, Summer and Fall Recreation brochures,
The price bid is the same price that this vendor
charged for the current Fall brochure,
EXHIBITS: Tab Sheet
Memo from R h Dlugas
SUBMITTED BY:
Tom D, Shaw, C,P,M.
Assistant Purchasing Agent
435fi
BID TITLE NTING FOR PARKS & RECRE, -INN
OPENED October 30. 1984 2 p.m. GROUP
GRAPHICS
ACCOUNT # -M-03-0062-8101 _
T T1', i ITEM S TPT .o illmOR Vt:t\DO_R_ IS Do VENDOR VE
1___!2$500 85 Winter/SprincgBBrochure 24 30697,00
32 4,166,00
I'
2 32550 85 Summer Brochures 24 3,697,00 _
32 4,166,00 '
y
3 132,5 0 E5 Fall Brochures 24 3,697,00
F 41166.00
32
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CITY O/ DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 / TELEPHONE (817) 566.8200
M E MO RAID UUM
'tot John Marshall, Purchasing Agent
RROMt Rich Dlugas, Superintendent of Leisure Services
DATHi October 31, 1984
SUBJECTr Brochure Bid
I recommend that we accept the bid of Group Graphics for
printing of our Winter/Spring, Summer, and Fall brochures.
This bid was $3,697 for twenty-four pagee and $4,166 for
thirty-two pages with a quantity of 32,500 per brochure.
Rich lugas
Copy to. Steve Brinkman
Betty McKean
MENi00214
PARKS AND RECREATION DEPARTMENT / 817.387-6146, 566.8270
b
PLANNXNq AND ZONING COMMISS'CON
RECOMMENDATION TO THE CITY COUNCIL
To: Denton city Council
Case No,: Z-1678 Meeting Date: November 6, 1984
GENERAL INFORMATION
Applicant: Mr. J, Daniel Shea
1425 Anna St.
Denton, TX 76201
Statue of Applicant: Owner
Requested Action! Change from the aiRgle family (OF-7)
zoning classification to the planned
development (PD) classification. If
approved, the FD will permis. the con-
struction of a garage with an upstairs
apartment,
Location and Size: An approximately 11,280 square foot
tract located at 1125 Anna St.
Existing Land Use: Single family house
Surrounding Land Use
and Zoning: North - Single family house, SF-7
South - Duplexos, single family house;
°~'-7
East - Single family house; 3F-7
West - Carroll Blvd., single family
houses; SF-7
Denton Development Guide: Site is located in a moderate
intensity area.
(C4*0 #Z-1679)
Paga Two
SPECIAL INFORMATION
Drainages The rear portion of this lot appears
to be in the 500 year flood plain,
The Mngineering Department will pro-
vide a finished floor elevation and
reports that the flood plain should
not be a problem for a garage apart-
ment situation.
Transpoetat;ion: The property has frontage on Anna
St., an improved residential street.
No improvements to Anna are required,
Uti'liti,es; An 811 sewer line and a 611 water line
currently exist in Anna St, These
lines are adequate to serve the pro-
posed development, Electric, phone,
gas, and cable T.V. services can be
provided,
ANALYSIS
The Planning and Zoning Commission originally considered this
request on July 25, 1964, At that time, an error was made in
the fidvertissment. The public notice specified that the pro-
pos4)d apartment was to be built over an existing garage but no
garaiga exists at the site. The Planning and Zuning commission
held a second public hearing on this item on September 12, 1984,
Thic Lot is located in a moderate intensity area. This is an
older neighborhood subject to the forces of change. According
to tk:a Denton Development Guide, the preservation of existing
housing stock is a priority, The Development Guide specifically
(itatos the following: "In review of zoning, subdivision, city
1,44 of clapital Improvement Program planning, and other similar
t4ecieiotx points priority will be given to older existing neigh-
b'orhpods to insure and put the neighborhood and public on notice
th4t zoliing stability will be maintained, subdivisions and
housing! redevelopment will be encouraiged and public funds will
have a 1>riority to these areas over newly expanding areas," The
Plannin!~ and Zoning Commission felt that approval of this request
could sot a precedent for mulit-family encroachment in other
olden neighborhoods.
(Case #Z-1678)
Page Three
RECOMMENDATION
The Planning and Zoning Commlos ion recommends denial of Z-1678
by a vote of 4 to 2.
ALTERNATIVES
1, Approve petition with conditions,
2. Approve petition without conditions.
3. Deny petition.
ATTACHMENTS
1. Aerial
2. Existing Site plan
3, proposed PD Concept Plan
4. Reply Form 'total
5. Property owner List
6, planning and zoning Commission minutes
of September 12, 1984
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1678
IN FAVOR IN OPPOSITION UNDECIDED
Eric B* Kasxynski Euln Bell Roberson
1424 Anna 2022 North Locust
Denton, TX Denton, TX
3u2-71.05 382-8996
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P & Z Minutes
September 12, 1984
Page 2
Director of Planning and Comwinity Development or his
desig- nee to proceed with each item in accordance with
the staff recommendation.
A. Recommend approval of the site plan of the "arpet Max
Addition,
B. Recommend approval of the preliminary plat of the
Ali Al-Khafa,ji Addition.
C. Recommend approval of the preliminary plat of "ooper's
Landing, Section II.
U. Recommend ap"-he site plan of the proposed
Autostop Bu' :'LkA - _d in PD-28. 1 (Denton Towne
Center).
E. Recommend approval of the preliminary replat of the Guy
Laney Addition.
Mr, Sidor made a motion to approve the consent agenda.
Seconded by Mr, Claiborne and unanimously carried (6-0),
IV. Public Hearings
A. JZ-1678, This is the petition of J, Daniel Shea request-
ing a-change in zoning from the single family (SP-7)
classification to the planned development (Pb) classi-
fication at 1425 Anna Street. If approved, the planned
development would allow the addition of a garagn with
an apartment overhead at the rear of the lot.
Ms. Spivc; stated there were 21 reply forms mailed to
eroperty owners within 200 feet of the subject property;
ition. She
4 were returned in favor and zero in op o6
stated when the request was originally Brought to the
Commission, tiiere was an error in the advertisement,
Mr. Daniel Shea stated quite a bit of confusion was
caused by the advertisement being incorrect, He stated
he `p Tans to put in central heat and air, landscaping and
to build a garage on his property, and to offset the cost
of these plans, he would like to construct a garage and
put an apartment above the garage. He stated he plans
for off-street parking. He stated at the previous
Planning and Zoning Commission meetingg, the two main
points of opposition were the con,jestion of additional
_parking on the street. He stated his proposal should
help to alleviate the parking problem; and staff had
recommended denial as this would set a presidence and
encourage more multi-family development in this area.
He showed Commissioners a neighborhood layout, letters
and diagrams he had sent to the neighborhood residents.
P 4 z Minutes
September 12, 1954
Page 3
He stated; he had signed affirmative responses from 43 of
the residents. He stated 95 percent of the neighborhood
is in favor of his proposal and in his opinion would
upgrade the value and the looks of his property.
No one spoke in favor or in opposition to the request,
Mr. Spivey stated this lot is located in a moderate
intensity area. This is an older neighborhood subject to
the forces of change. She stated according to the Denton
Development Guide, the preservaCion of existing housing
stock is a priority. She stated the Development Guide
specifically states the following; "In review of zoning,
subdivision city bydggett capital improvement planning
and other s~anil'ar decision points, priority will be given
to older existing neighborhoods to insure and put the
neighborhood and public on notice that zoning stability
will be maintained, subdivisions and housing redevelop-
ment will be encouraged and public funds will have a
priority to these areas over newly expanding areas,"
Staff feels that approval of this request would set a
potentially dangerous precedent for the same type of
activity in other older neighborhoods. Staff still
recommends denial of Z-1678.
On question from Mr. Claiborne, Ms. Spivey stated there
wore 21 reply forces; 4 in favor and zero in opposition,
Mr. Shea stated at the previous meeting there were 4
in favor and 3 in opposition. He showed where those in
opposition were in relation to his property, who are now
in favor of his proposal. He stated 55 percent of the
neighborhood is rent property and 45 percent are home
owners, He stated he is not asking for a curb out on
Carroll Boulevard.
C!iair declared public hearing closed
Mr. Sidor commented that he has mixed feelings about the
proposal as the opposition has apparently chsnged their
minds. He stated a property owner should be able to do
on his property what he wants within the regulations of
the city. He stated he would be opposed to tearing down
existing buildings, but, he is inclined to vote in favor
of the request.
. Chairman stated lie felt there is no need for an apartment
in this area.
Mr. Claiborne made a motion to deny Z-1678. Seconded by
Mr. Escue and carried 4-2. (Mr. Juren and Mr. Sidor
voted no.)
pLANNINd AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To,, Denton:~City:Coungl,
Case No,: H-33 Meeting Date: November 6, 1984
GENERAL INFORMATION
Applicant Homer and Jean Sly
2108 Hollyhill
Denton, TX 76201
Status of Applicant: Owner
Requested Action: Historical landmark (H) zoning
designation
Location and size: 213 E. Oak Street
Existing Zoning: Commercial (C)
Existing Land Use: Office and Woodworking Shop
Denton Development Guide: Area is designated as high intensity
SPECIAL INFO KATION
Article 28A, Section 28 A-1, of the City of Denton Zoning
Ordinance defines a historic landmark as any building,
structure, site, district, area of architectural, historical,
archeological or cultural importance or value, which the City
Council determines shall be protected, enhanced, and preserved
in the interest of the culture, prosperity, education and
general welfare of the people.
Section 28 A-2 of the above referenced ordinance< declares as
policy the following purposes of the historical preservation
ordinance related efforts:
1. To proteot, enhance, and perpetuate historic landmarks which
represent or reflect distinctive 'and important elements of
the City's and State's architectural, archeological,
cultural, social, economic, ethnic, and political history
and to develop appropriate settings for such places.
2. To safeguard the City's historic and cultural heritage, an
embodied and reflected in such historic landmarks by
appropriate regulations,
(Case 0 H-33) •
Page Two
SPECIAL, INFORMATION (continued)
3, To stabilize and improve property values in suoh locations.
4. To foster civic pride in the beauty and accomplishments of
the past.
5. To protect and enhance the City's attractions to tourists
and visitors and provide incidental support and stimulus to
business and industry.
6. To strengthen the economy of the City.
7. To promote the use of historic landmarks for the culture,
prosperity, education, and general welfare of the people of
the City and visitors to the City,
ANALYSIS
This building) constructed about 1885 is worthy of historic pre s
•,:ervation for several reasons, The date of construction marks
this as one of the oldest structures in the City of Denton.
Typical of the period, the house is one of the few remaining
structures of that era remaining in Denton that is restorable.
The structure, an excellent example of the primitive style, is
representative of the lifestyle of the average working class
family of the late 1800'x.
The house is also worthy of historic preservation as it was the
home of the Evers family which has made significant contribu-
tions to the history of the City and County of Denton for almost
100 years, As merchants, farmers and landowners, the Evers were
involved in the cultural and economic development of Denton,
The house was acquired by Mary Euphenia Evers, wife of Robert H.
Evers, in January of 1888 and served as the family home until
1903 when they moved to the new home on W. Oak Street, Research
indicates that two of the Evers children, Dolph and Ollie Mae
were born in this house. The hardware store, located on the
south side of the square, was purchased by A. F, Evers in 1885
and remains open for bussness at this time.
It is based upon this history of a house and a family that
historical recognition is sought for a structure so identifiable
with a pioneer family and the Denton community.
(Case `H-33)
Page Three
RECOMMENDATION
The Historic Landmark Commission recommended approval of H-33 by
a vote 6.0 at its meeting of September 10 1994. The Planning
and zoning commission recommended approval ok H-33 by a vote of
4-0 at its sooting of Ootober 10, 1984 and felt that the
structure met the following criteria for (H) zoning designationz
1. Character, interest or value as part of the development,
heritage or cultural characteristics of the City of Denton,
state of Texas, or the United States,
2. Embodiment of distinguishing characteristics of an
architectural type or specimen.
3. Relationship to other distinctive buildings, sites or areas
which are eligible for preservation aocording to a plan
based on architectural, historic or cultural motif.
4. Portrayal of the environm6ot of a group of peopIs in an area
y i distinctive architectural
of history c;saracterixed by'
style.
5. Exemplifioation of the cultural, economic, social, ethnic,
or historical heritage of the City, state, or United States.
6. Identification with a person or persons who significantly
contributed to the culture and development of the City,
state, or united states,
7. Value as an aspect of chmmunity sentiment or public pride.
ALTERNATIVES
1. Approve petition
2. 'Dony petition
ATTACHMENTS
1. Aerial
2. Petition
3. Historical summary
4. Reply Form Total
5. Pro wty Owner List
6, Minutes of Historic Landmark Commission meeting of
September 10, 1984
7. Planning and Zoning Commission minutes of meeting of
October 106 1984
L 14"
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wiii~
33
HISTORIC LaDmaK ZONING PETITION
City of Denton, Texas
SITE ADDRESS: v
Oak
CITY LOT & BLOCK OR LEGAL DESCRIPTION: ~
Lot l 1
A
9 t the N
eo 'on of Oak and Oakland
St et
Office and
PRESENT USE: Wood cvorking ZONING: C
CONSTRUCTION /DESCRIPTION. Wood Frame,
one story dwelling, stone p ers,
gable roof, p ne oors eve
siding
CONDITION:
EXTERIOR: Fair INTERIOR: Fair
(GOOD, FAIR, POOR
P°_°SENT OWNERS ADDRESS TELEPHONE
Jean F. & Homer Bly 2108 dolly Bill D'UtSBER
382-3070
-Denton, Texas
Estimated
DATE BUIL, : 1885 DATES ANn EXTENT OF ALTERATIONS/ADDITIONS:
Estimated a u 9 R. H. Evers added two (2) flat roof
.t~_tal or' six rooms,
ARCHITECT: Unknown BUILDER: Unknown
ORIGINAL OWNER: M, F. Harmon
ARCHITECTURAL STYLE OR PERIOD WITH DESCRIPTION OF L .NY L,YNOVATIVE DESIGN, FEATURES,
DETAILS, MATERIALS OR CRAFTSt.10 SHIP' Vtctorian style frame dwelling. Initial
construction three rooms with outbuilding of similar construction Very
simple with little ornate work Considered typical of the period and an
excellent example of pr mitive style,
NATIONAL REGISTER? No NATIONAL LANT)I,SARK? No RECORDED TEXAS LrliWt AR3c? No
LOC.kL SURVEYS OR RECOGNITION? No
ADD ADDITIONAL INFORMATION TO SUPPORT CLAIM IN CHECKED CATEGORY,
PETITION'F'OR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDKOK
COMMISSION, PLANNING & ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEXAS:
I/We, the undersigned, owner(s) of, or party(s) with financial interest
in, all property herein described, do hereby file this, my/our petition,
asking that the said property be designated as a historic landmark under
the provisions of Ordinance 080-30 of the Code of OrdinAnces of the City
of Denton, Texas, The said property is located at
213 E. Oak Street
and is more particularly described as follows:
Part of Hiram Cisco Survey, A-1184, at the N.W. Intersection of Oak and Oakland Streets.
Property recently acquired from th4 Estate of A. F. Evers, Jr., originally purchased by
R. H. Evers and his wife, Mary E. January 13, 1888, remaining in that family until this
year
I/We herewith tender the filing fee of twenty-five dollars ($25).
I/We authorize the City of Denton to place a sign or signs on the above
property for public notification of the proposed historic designation.
Name Y an F 8lv
Address 2108 Holly Hill
City Denton State Texas _
Phone (817) 382-3070
Submitted this day of August 198 84
The Evers house located at the northwest corner of Oak and
Oakland Streets has real historical signifioanoe for several
reasons, the least of which is the structure itself.,
T pioal of the period, the house was built, according to the
City Tax Records, about 1885". We do know it was acquired
by the Evers Family January 13, 1888 as a three zoom, simple
Victorian Home, The architectural style was merely a hall
running the length of the house oonnectingg each room. Some
time prior to 1890 two additional rooms with flat roofs and
the same beveled siding were added, R, H. and Mary Evers
who purchased the property had five children, two of whom
were born here,
A 1889 photograph of the east side of the Denton Courthouse
Square shows this house to be the only one on the north side
of Oak from Oakland (Ash) east to the railroad tracks.
The outbuilding was apparently constructed at the same time as
the main building for it has the same frame construction, At
one time it appeared to have a dirt floor and to this day has
not been painted.
This house is a good example of the period and is one of the few
remain.tng structures of that era remaining in Denton that is re-
storable.
The family lived in the house until 1903 when they moved to the
new more elegant home on W. Oak, The East Oak Home is and was
obviously extremely modest by all comparisons,
The Evers family has made significant contributions to the history
of the City and County of Denton for almost 100 years. As merchants,
farmers and landowners, they were deeply involved in the cultural
and economic development of Denton.
We were able to trace this particular tract of land from the Letter
Patent dated July 21, 1857 issued by E, M. Pease, Governor of the
State of Texas, to Hiram Cisco on 320 acres [(Vol. C, P. 119)],
Our research reveals the following conveyances:
1) January 24, 1857, Hiram Cisco and wife, Elizabeth,
to Otis G, Welch and Joseph A. Carroll" ,,,,certain
tract or parcel of land in said County of Denton on
the waters of Pecan Creek and adjoining the Town of
Denton,,,,"sixteen acres more or less, the same being
situated in the southwest corner of and being a part
of said Cisco 320 acres. Vol, T, P. 340.
June 6, 1866, Joseph A, Carroll to Otis G, Welch,
6 ",,my undivided one-half interest containing
acres,..," Vol. I, P, $4,
3) October 3, 1873, Otis G, Welch to F. E. Pinar,
containing two acres more or less. Vol, i, P, 910
4) April 81 1876, F, E. Pinar to Otis G, Welch,
two acres, more or less at the Junction of Oak and
Ash Streets..,,", the same tract conveyed in 1873
by Welch to Pinar. Vol. 60, P, 47.
5) March 27, 1878, Mammia E Welch, widow of Otis G.
Welch, to Jessie M. Austin, her daughter. Vol, K, P. 18,
6) April 10, 1884, William J, Austin and Jessie M, Austin
to M. F. Hannon, 1701x1501, part of Lot 21 Blk 18.
Vol. Y, P, 241,
7) January 12, 1888, W. J. Austin and Jessie M. Austin to
M. F. Hannon a tract ",,,,being on the northside of
Oak Street east of the public square of the City of
Denton.,.." 'Vol. 30, P. 619.
8) January 13, 18881 T. C. Hannon and wife, M. F. Hannon
to Mary Euphenia Evers (wife of Robert H. Evers), a Lot
1001x1501, part of the Hiram Cisco 320 acre survey,
Vol, 30, P. 614.
The real estate remained with the Evers family with eventual title
being vested with A. F. Evers Jr, whose estate sold it to Jean F.
and Homer B. Bly, July 31, 1984.
We have been told that two of the Evers children, Dolph and Ollie
Mae were born in this house.
It was A, F, Evers, acting for his brother R. H, Evers, who purchased
the Hardware Store, located on the southside of the Courthouse Square
on December 13, 1885. It is this store that by the will of A. F.
Evers, Jr. will remain open for business until December 1985 in order
to reach its own Centennial.
It is based upon this history of a house and a family that historical
recognition is sought for a structure so identifiable with a pioneer
family and the Denton Community.
Criteria to be used in Historical Landmark Designation
The petitioner will be responsible for furnishing data to the Planning and
Community gevelopment Department for submittal to the Landmark Commission
substantiating that the property meets at least one or more of- the following
13'criterion for Historic. Landmark designation;
❑ 1. Character, interest or value as part of the development, heritage
or cultural characteristics of the City of Denton, State of Texas, or
the United States.
❑ 2, Recognition as a recorded Texas historic landmark, a national landmark
or entered into the National Register of Historic Places, '
❑ 3, Embodiment of distinguishing characteristics of an architectural type
or specimen,
4,,, Identification as the work of an architect or master builder whose
indivdual work has influenced the development of the city,
❑ S. Embodiment of elements of architectural design, detail, materials
or craftsmanship which represent a significant architectural innovation.
❑ 6, Relationship to other distinctive buildings,. sites or areas which are
eligible for preservation according to a plan based on architectural,
historic or cultural motif,
❑ 7. Portrayal of the environment of a group of people in an area of history
characterized by a distinctive architectural'sty1e..
❑ 8. Archaeological value in that it has produced or can be expected to
produce data affecting theories of historic or prehistoric interest..
❑ 9, Exemplification of the cultural, economic, social, ethnic or historical
heritage of the City, State or United States.
❑ 10. Location as the site of a significant historic event.
11, Identification with a person or persons who significantly contributed
to the culture and development of the City, State or United States.
® 12. A building or structure that because of its location has become of
value to a neighborhood, community area, or the city,
13. Value as an aspect of community sentiment or public pride,
6",i
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1880, ;AST SIDE: SQUARE, DENTON, TEXAS
v
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co 1No Pease, Governor DATEDt #ruly 21, 1857
to FILM June 13r 19000 3:20 PD1
RFOORDEI)i Vol. C, page 1190 Patent
Hiram Sisoo Record, Denton County, Texas
N0. 611 IN THE tTAME OF THE STA'T'E OF TEVS Vol• 15
TO ALL TO WHOM TIMSE PNESE:TTS SHALL COME:
K-OW YL$ I, E. Ms Pease, Governor of the State aforesaid b
virtue of the power vested in me by law, and in accordance with the
laws of said State in such oase made and provided, do by these pre-
sents Grant to Hiram Sisoo, his heirs or assigns, forever, Thi+ee
hundred and twenty acres of Land, situated and 'described as follows:
In Denton County on the waters of Pecan Creek, a tributary of
the Elm Fork of theTrinit River, about 6 ,miles N. 70 W of Alton by
virtue of pre-emption cer ifioate No. 48 issuod by the Oo. Clerk of
the county of Denton, on the 6th day of Nbruary, 1857;
BT~GI;T:'IATG 435 vrs, Fast of the S.T✓s oornerof a survey made for
the Buffalo Bayou, S,,azos and Colorado railway Company, at a stake
from which a post oak brs. S. 570 we 40 vrs. another brs. PT. 770 W.
!„8 vrs.;
TIMTTC:. 'p'est 1900 vs. a stake in prairie l
T.'-Y'.=71. South 950 vso a stnka from which a post oak brs. S. 410
E. 62 vs.?
THE'1:07 _East 1900 vs, a post from which a post oak brs, N. 68
1.46 8 vs, another brs. S. 760 W. 6 varas;
THENCE North 950 vrs, to the place of beginning; bearings
marled X.
Horeby relinquishing to him, the said Hiram Sisoo, and his
heirs or assigns, forever, all the right and title in and to said
Land heretofore-hold and possessed by the, said Mato, and X do
hereby issue this Letter Patent for the some,
IN 'E'STIMOIN WHEREOF, I have caused the seal of the State to
br. affixed, as well as tt.e soel of the General nand Office.
none at the City of Austin on the Nenty-first day of jui.y, in
the year of our Lord One 't'housand Eight Hundred and Fifty-seven;,
(ITO seals shown.)
^obt. 1•T. Llgin E. Naze
C -Lf. OIk. Aotg. Governor
Comr, o! tpie G.L. Office
General Land Office Austin June 12"0 1900
I, John J. Terrill acting Commissioner of the 00noral Land
Office of the Stato of %xas heroby certify that the foregoing is
a true and correct copy from the record kept in this office,
In Tostimony Whereof I hereunto set my hand and affix the
impress of the seal of said office the date last a,)ove written.
(seal) John J. Terrill
Chi', Clk, Aotg. Commissioner
General Land Office
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
HM33
IN FAVOR IN OPPOSITION UNDECIDED
Jim Hardin None Received
210 East McKinney
' ,~nton, TX
James W. Hardin
204 East McKinney
Denton, TX
382-6224
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Minu~as
Historic Landmark Commission
September 10, 1984
The re ular meeting of the Historic Landmark Commission of the
City o Denton, Texas was held on Monday, September 10, 1984, at
4:30 p,m, in the Civil Defense Room of the Municipal Building.
Present; Randall S. Boyd, Mary D, Hardin, Michael Lawrence,
Bullitt Lowry, Sam Kingsbury, Samuel J. Marino,
Sandy Hatthews, Tom Polk Miller, and Jim T. Wheeler
Absent; Carroll Rich
Present from Staff: Denise Spivey, Development Review Planner,
and Cecile Carson, Intern,
Chairperson Mary Hardin called the meeting to order.
1. Minutes
Approval of the minutes of the regular meeting of
August 13, 1984.
Mr, Kingsbu_y made a motion to a grove the minutes of the
regular meeting of August 13, 1984, Seconded by Mr. Miller
and unanimously carried (9-0).
II. Public Hearing
This is the petition of Homer and'Jean Bly requesting
historic landmark (H) zoning designation at 213 East Oak
Street.
Chair announced that Homer and Jean Bly could not attend the
meeting, but Mr, and Mrs. Bly had sent the Commission some
additional pictures of the property.
Mr, Miller stated that he was pleased that this request was
being made by Homer and Jean Bly, Mr. Miller added that in
his opinion the property also meets the criteria in 1, 3, 7,
and 9,
Mr. Kingsbury agreed that the property meets several of the
criteria listed besides those checked by the B1,ys.
No one was present to speak in favor or in opposition to the
petition. Mr. Lowry asked staff if the current zoning was
commercial or central business district.
Ms. Spivey stated that the property is zoned commercial.
It was the consensus of the Commission that the following
criteria be accepted;
Minuteis
Historic Landmark Commission
September 10, 1984
Page 2
(1) Character, interest or value as part of the development,
heritage or cultural characteristics of the City of
Denton, State of Texas, or the United states.
(3) Embodiment of distinguishing characteristics of an
architectural type or specimen,
(6) Relationship to other distinctive buildings, sites or
areas which are eligible foie preservation according to a
plan based on architectural, historic or cultural motif.
(7) Portrayal of the environment of a group of people in an
area of history characterized by a distinctive architec-
tural style.
(9) Exemplification of the cultural, economic, social,
ethnic or historical heritage of the City, State, or
United States.
(11) identification with a person or persons who signifi-
cantly contributed to the culture and development of the
City, State, or United States.
(13) Value as an aspect of community sentiment or public
pride.
Mr. Boyd made a motion that this property be recommended for
historic landmark (H) zoning. Mr. Wheeler seconded the
motion and unanimously carried (9-0).
ITi. Consideration
Discussion of joint Historic Landmark Commission and City
Council meeting of September 18, 1984.
Mr. Lowry asked staff if the historic preservation plan would
be available for the meeting,
Ms. Spivey stated that the plan is being reviewed by the City
Attorney,
Mr. Lowry requested that a draft copy by prepared and deliv-
ered to the City Council members.
Ms. Spivey stated that she would arrange for draft copies of
the historic preservation plan to be sent to the City Council.
Mr. Marino asked the chair who had arranged the meeting with
the City Council.
p & z Minutes
Page 2
III. Public Hearings
H-33. This Is the petir•lon of homer and Jean Hly
~iegiiesting historic Landmark (II) desi(Ination at
OJt.D 213 East Oak 9treet, rho lot is located at the
ppA northwest corner of Oak and Oakland Streets,
dr
?ls, Spivey stt,tud there were U reply forms maned
to property owners within 200 feet of the subject
propertyl 1 was returnod in favor and zero in oppos-
it Lon,
Ms, Mary Hardin, chairperson of the Historic Landmark
Commission, stated she was representinq'Mr, lily.
She showe1 oictures of the home taken in 1996, oie
stated the home was the family home of the Evers, and
In fact, two of the family members were born in this
house, fiho stated it was built in 1885 and is one
of the older homes that has been tried to be zoned
historic. Shos stated the nlys have already started
restoring the home, She further stated the Ilistorio
Landmark Commission voted unanlmousiy to approve
the zoning and that it had met 1 out of the 13 criteria
for historic zoninq.
No one spoke in favor or in oppoiltion,
Ms, Spivey stated this building was constructed about
1885 and is worthy of historic preservation for several
reasons, The date of construction marks this as ono
of the oldest btructures in the City of Denton. Ty-
pical of the period, this is one of the few remainin,i
structures of that era remainina in Denton that is
restorable. The structure, an excellent example )f
of the primitive style, is representative of the life-
styLe of the average working class family af. the l.ite
1800's. She stated the house is also worthy of his-
toric preservation as it was the home of the Evers
family which has mad.+_ signiicant contributions to
the history of the City and County of Denton for al,tiost
L00 years. The 5vers were involved in the c.r aural
an,l economic development of Denton, as well as rer-
chants, farmers and Landowners. rhe house was ac-
gtlired by Mary xuphenia l?rs, wife of Robert }l.
Evers, in January of L888 and aervec., as the family
home until 1903 when they moved to the new home en
Nest Oak Street. She stated rosearc•h indicates that
two of the Evers children, Oolph and Ollie Mae w,~re
born in this house, 'rho hardware st+are, locate! on
the south side of the square, was purchase. by A.F.
Evec; in 1885 and remains open for at this
time.
She stated based upon this history of a house -,nd :ti
family that historical recognition is soocjM for s
structure so identifiable with a pioneer family and
the Denton convmunity, staff recoaunencls approval. s h o
also stated the Historic Landmark Cannission rec•orwIend-
ed approval of H 33 by a vote of 6-0 at its meetirn_I
of September 3, Y984, and gave the 7 criteria that
the house met.
Chair declared the public hearing closed,
Mr, Juren made a motion to recommend approval of ;I-J3.
Seconded by Mr. Pearson and unanimeusly carried (4-0).
H, 5-182, This is the petition of the Denton Councy
Diental Health Centers, TNc „ requesting a specific use
permit, in a multi-family (Mt'-1) zoning' district, At
1120 Frame street, if approved, the specific use per-
mit will allow the ope ation of a halfway house it
this location.
l ~n 1
PLANNING AND ZONINQ COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To; Denton City Coun:i.l
Case No.: Z-1696 Meeting Date; November 6, 1984
GENERAL INFORMATION
Applicant: Robert Holloway Corporation
12720 Hillorest Road
Dalla;tt, TX 75230
Requested Action: Change in zoning from agricultural
(A) to the planned development (PD)
classification for the following land
uses:
1. Single family (SF-10) - 122 units
on approximately 43.1 acr.eW
2. Patio homes - 70 units on approx
imately 11 acres
3. Single family detached
residential - 55 units on
approximately 13.8 acres (maximum
density of 4 units per acre)
4. Duplexes - 54 units on
approximately 6 acres
5. Multi-family residential - 333
units on approximately 1,8.5 acres
(maximum density of 18 units per
acre)
6. Park - on approximately 10 acres
7. Fourplexes - 108 units on
approximately 9.0 acres
8. General Retail - approximately 10
acres located at the southeast
intersection of FM 428 (Sherman
Drive) and proposed Loop 288
(Case * Z-1696)
Page Two
GENERAL INFORMATION (Continued)
Requested Action 9. Institutional/office - approx-
(oontinued)s imately 4.2 acres at the
northeast intersection of FM 428
and proposed Loop 288
Purpose: Permanent zoning
Location and Size; Approximately 128 acres beginning
adjacent and east of FM 428 (Sherman
Drive) and adjacent and north of the
Cambridge Square Subdivision
Existing Land Use; Vacant
Surrounding Lana Use
and 7,oningi North Single family residential,
agricultural, vacant; A, ETJ
South - Vacant, itingle family
residential; SP-10
East - Vacant; A, RTJ
West - single family, agricultural,
vacant; A, PD-39 (general
retail, SF-7)
Denton Development Guides Area is designated as moderate inten-
sity
SPECIAL INFORMATION
Transportation: Sherman Drive (FM 428) is a primary
major arterial maintainpt~ by the
state highway department. The City
of Denton requires 100' - 120' right-
of-way width for primary major
arterials.
Loop 288 is a primary major arterial
with approximately 290 - 450 feet of
right-of-way already established.
I
(Caee #Z-1696)
Page Three
SPSCIAG INFORMATION (Continued)
Transportation Kings Row is designated as a collector
(vontihued)= street (60' right-of way dedication
required), Kings Row is subject to
perimeter street paving requirements.
The Engineering Department has made a
general comment on the need for the
developer to familiarize himself with
Denton's requirements for curve radii
and separation.
Further comments from the transpor-
tation engineer include, the desire
or need to offset any access from
Sherman Drive from street coming in
from Hillhaven Addition. Any access
from Kings Row should also be offset
with respect to Nottingham Street,
Water and Sewer; Sewer service would come from a 1211
line on Kings Row, Detailed utility
planning and layout would be handled
during the platting stage. The
utility master plan shows a 2411 water
line along Loop 288. A 16' utility
easement is needed along Sherman
Drive,
Drainage: Drainage is a major concern at this
site. Drainage channels, detention
and culverts will be required to
upgrade the drainage in this area.
(Case #Z-1696)
Page Four
INTENSITY ANALYSIS
The purpose of identifying moderate center areas is to encourage
and be able to plan for balanced city growth. Balanced City
growth is another way to say efficient growth, Efficient growth
includes such things as:
1. Adequate public infra-structure to support these higher ac-
tivity centers,
2. The plan is a commitment to the development community and
the public that adequate infra-structure will be provided.
The size of the moderate renter at Sherman and Loop 288 was set
by zoning policies as part of zone case number Z-1552 approved
in January, 1952, (Jesse Coffey, petitioner,) This zone case
was the first official determination of intensity at this
corner. The intensity study (and zoning approved) was based on
a'prototype 30 acre contiguous moderate area. By approving the
zoning the Planning and Zoning Commission and City council said
(indirectly) that the remaining vacant unzoned land should not
be zoned with a higher intensity than approximately 170 trips
per acre,
The current zoning request is asking to increase the moderate
center size from 30 acres to 71.7 acres. The guide provides for
this flexibility in order to promote diversified centers. In
other words, if diversity is guaranteed a size bonus is allowed
(pages 20 through 22), Diversity addresses more than housing.
Diversity includes office, public facilities, employment indus-
tries, etc. The proposed zoning shows some of this diversity,
but not all. Thus, the first question that should be addressed
by the City council concerns diversity. Is enough diversity
being proposed in the Holloway request to warrant the bonus of
increasing the area intensity? More employment uses, public
uses (schools, government buildings, etc.); would ~be, better,.
i:; ,r:
The benefits of the proposed zoning are as follows;
1. Increase housing stock mix.
2. Provides for slightly more efficient utilization of public
infra-structure (housing mix with office retail),
(Case OZ-1696)
Page Five
INTENSITY ANALYSIS (Continuod)
The cost:
1. More intensity at this intersection and in transportation
links to this area of town.
2. Does not provide much prospect for a community unit area.
INTENSITY CONCLUSION
C The medium intensity standard for a 71.7 acre area will be mat,
SITE PItAN ANALYSIS
Staff has chosen to limit its site plan comments because a de-
tailed and lengthy description of the various land uses proposed
in this development has been submitted by the developers in the
form of an attached zoning information packet, Staff would like
to point out the following observations considered worthy of
emphasis:
1. Approximately 56,9 acres of the subject 128 acre proposal is
reserved for single family detached low density land use,
2, Approximately 43.1 acres of the total 56.9 acre proposed
single family section is reserved for SF-10 land use be-
ginning adjacent and north of the Cambridge Square Subdi-
vision. Estimated density for the SF-10 section is 3.16
units per acre,
3. The balance of the single family section (approximately 13,5
acres) is proposed for SF-detached land use, Estimated
density for the SF-detached section is 3.9 units per acre.
4. Approximately 6 acres of duplex land use at an estimated
density of 9 units per acre is proposed as a buffer or,
transition between the patio homes section and the higher
density housing, retail., etc, (moderate center),
(Case RZ-1696)
Page six
SITE PLAN ANALYSIS (Continued)
5. Approximately 18,5 auras Of multi-family with a maximum
proposed density of 18 units per acre is erroneously re-
ferred to as °MF-R" on the zoning ooncept plan, These
multi-family sections have the highest proposed density
level of any housing area in the plan and is somewhat
comparable to standard MF-l zoning density.
Multifamily restricted (MF-E) zoning is the most restric-
tive or less dense standard zoning classification in the
City of Denton. The adjacent fourplex section at 9 units
per acre is more analogous with standard multi-family
restricted (MF-F) zoning.
6. Total approximate area proposed for multi-family land use is
18.5 acres. Estimated number of potential multi-family
dwelling units is 333 units. Overall density for total
proposed multi-family area is 18 units per acre (25 to 40
units per acre is rule of thumb for standard multi-family
[Mr-1) land use in the City of Denton).
The Denton Development Guide reoommends a multi-family con-
centration range of 500•-1000 units in a moderate intensity
area, The Development Guide concentration policy would not
be violated if this proposal is approved. The policy re-
quiring major street access for multifamily development is
also satisfied.
7. Staff has been working with the petitioner on this plan
since February, 1984. An earlier proposal was submitted and
modified in an attempt to comply with density/intensity
standards,
8. The 4,2 acres of institutional/offir•o/retail shown on the
previous plan was redefined and designated for office/
institutional use only,
9. Parcel A or the 13.8 acre rrea is labeled as a single family
detached area with a density of 4 units per acre.
10. A new feature in this proposal is a minimum 10 acre park.
This is a plus as it provides some green space for this
proposal.
(04400 #Z-1696)
Page Seven
CONCLUSION
The key to this proposal is judgement made regarding the size of
the moderate center. If the Community, Planning and Zoning com-
mission and city Council decide that enough diversity is being
proposed to warrant increasing the size of the moderate center
from the 30 acres established during the Hillhaven zoning case
to approximately 71.7 acres, it is critical that it be done with
the realization that all of the available intensity is being
allocated to one landowner. "First-come-first-served" has boon
the policy in the past and the petitioner has operated under the
assumption that he is proposing enough diversity to justify
approval of a bonus sized moderate center. Future similar
requests should not be approved if the density/intensity
planning concept is to be preserved and respected for this
area, There is also a concern that a precedent not be set for
all major intersections,
RECOMMMATION
The Planning and Zoning Commission recommends approval of Z-1696
by a vote of four to zero with the following conditions:
1. Development shall conform to approved zoning concept plan.
2, site plan approval is required for all developmonts except
single family (SF-10) and duplex housing. Site plan
approval must be granted prior to the issuance of building
permits,
3. Density in multi-family Sections C, E, and F'' shall be
limited to 18 units per acre,
4. Gross retail acreage in Section D shall not exceed ten (10)
acres on final zoning concept plan.
5, Section B shall be limited to land uses permitted in the
City of Denton Office (0) zoning districts only,
6. A minimum six (6) foot solid combination wood/masonry or
masonry fenoe shall be erected along all property lines
where residential land uses of any type abut retail and/or
office land uses.
(Cage #FZ-1696)
Page Eight
RECOMMENDATION (Continued)
7. All Cityy of Denton development standards, subdivision
regulations, land development codes, and building code
requirements shall be enforced unless expressly waived in
the approved planned development (PD) ordinance.
8. Final street alignment shall be determined by the City
Transportation Engineer.
ALTERNATIVES
1, Approve petition with conditions
2. Approve petition Without oonAitions
3. Approve petition with additiondl conditions
4. Deny petition
ATTACHMENTS
1. Aerial
2. PD Concept Plan
3. Previous PD Concept Plan
4. PD-39 Concept Plan (Hillhaven Addition)
5. Zoning information packet submitted by Robert Holloway
Corporation
6. Reply Form 't'otal
7. Property Owner List
8. Planning and Zoning Commission minutes of meeting of
October 10, 1984
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ROEBERT HOLLOWAY CORPORATION
Cvmmerolal Rael Estata
187120 Hillorest Road, Sulfa BRQ
Galles, Texas 78830
M14) 385-Cg00
ZONING CHANGE PROPOSAL
For 128 Acres Adjacent to
and East of Sherman Drive and
North of the Cambridge Square
Subdivision
September 5, 1984
1
Roer=RT HALL owAY CoRPoRATICIN
C3omrr+gralwl Rwl ~~rgta
127eO HdIcreat Roso 9ulte 820
00140. Taxes 7!3830 4
(814) 3815-Da00
TO; City of Denton
FROM: Robert Holloway Corporation
DATE: September 5, 1984
RE: Zoning Change Proposal - For 128 Acres Adjacent to and East of
Sherman Drive and North of the Cambridge Square Subdivision
The following is a detailed description of our request for zoning
change for 128 acres of unimproved land located gust southeast of
the future Sherman Street/Loop 288 intersection, We hope to
. convey our sincerest attempt to conceive what we believe to be an
excellent land use plan that is based upon the Development Guide
Policies for the City of Denton, Texas,
We feel that we have accomplished those objectives set forth in
the development guide and that our land plan will provide a
strong foundation for the future growth of North Denton and its
surrounding communities,/
I /
W iam M. Dyer
Robert Holloway Corporation
ZONING CHANOF PROPOSAL
I, Location and Brief Description of Subject Property.
This particular tract is north by northeast of the town's center
approximately 3,5 miles, The terrain is basically flat and cleared for
farming, A moderate rise in elevation is noticeable on the north end
giving adequate drainage to the south.
The property is bounded to the west by the Farm-to-Market road #428
(Sherman Drive) which is presently a two lane highway that leads to
Aubrey from Denton. Sherman Drive will eventually be a four lane
divided highway similar to the way the road is now a half mile to the
south. This road will serve as the main route to the new Lake Ray
Roberts, which is presently under construction just west of Aubrey,
To the south of the property are single family houses all along Kings
Row and Yorkshire. The subject property is separated from the rear
property lines of these houses only by a dirt-lined drainage ditch which
catches most of the water run-off from the subject property itself. The
east boundary is established along a tree row and fence line that begins
near or equal to the City of Denton Electrical Sub-Station and runs
. nearly 4,000 feet due north,
From that point, the north boundary runs westward to the original point
of description approximately 1,000 feet away, It should be noted that
there are approximately 2,660 frontage feet along Highway 428. For a
complete legal description, please refer to Exhibit "A",
There is a loop proposed to be constructed which will encompass much '.f
the north and west of the city. As proposed, this four lane highway will
bisect the northern portion of the subject property. In doing so, it
will pass over the existing Highway #428, creating a moderate density
node as defined by the City of Denton Planning Guide, Construction for
Ph~ise I is scheduled to begin early 1985 and will take approximately
18 to 24 months for completion, Phase 11 has not been funded as of yet,
but it is believed that it will commence shortly after Phase I has been
completed,
ll. Zoning Change Request.
Existing zoning for the subject property is Agriculture and Is currently
being used as such, The Denton Development Guide as published by the
City of Denton has recognized a portion of the subject property as being
part of what is known as a "Moderate Activity Center," or an area which
encourages a variety of land uses which should ultimately serve as the
main focal point for the surrounding communities, Usually such activity
centers are associated with mayor intersections such as the Sherman Street/
Loop 288 intersection. Currently, this activity center has been limited
1I, Zoning Change Request, continued
to a size of approximately 30 acres, per the development guide, However,
we request as part of our zoning change proposal that this "ea be ex.
panded to approximately 75 acres in order to incorporate the following
proposed land uses.
The remaining portion of the subject property land use is considered as
low intensity, therefore is set aside for single family residential
and green belt areas, Commercial and other slightly higher uses are
permitted with prior site plan approval from the city.
The following is a breakdown of the proposed land uses hereby submitted
with this zoning change request:
Moderate Density:
Total
Residential Number of
Units Residential
Parcel Land Use ~Acres* Per Acre* Units*
A PD-SF 13,8 4 56
8 PD-Office 4,2 -
C PD-MFR 5,5 18 99
D PD-GR 10.0 - -
C PD-MFR 6,0 18 108
F PD-MFR 7,0 18 126
G PD-4-Plex 9.0 12 108
H PD-Duplex 6.0 9 54
Low Density:
I Park 11.3 -
J PD-Garden/Patio Home 11.2 6,25 70
K SF-10 43,1 2.85 123
127.1 743
* All figures are approximate,
Parcel A: Planned Development Single Family (CUD) - 13.8 Acres
This particular land use classification is intended for a single family
development that will be targeted towards an upper income housing market.
The development as perceived now will be essentially a self contained,
walled in community designed to create a unique style of living, Utiliz-
ing an architectural theme throughout the development, the community will
establish a distinctive identity of its own,
• -2-
II, Zoning Change Request, Parcel A, continued
. As proposed, this single family residential community would be limited to
only four (4) residential units per gross acre or approximately 55 units
total, Ingress and egress would be made available from the adjacent
collector street, The developer should be required to provide an
architecturally suitable screening device around the entire perimeter of
the development in order to assure the controlled ingress and egress
desired.
Developments of this type generally provide their own recreational
facilities such as tennis courts, swimming pools, ;jog in trails and
park areas. These amenities are strictly for the exclusive use of
residents and their guests.
Parcel B: Planned Development Institutional/Office - 4,2 Acres
Parcel 8 is primarily intended to accommodate suburban type garden office
buildings limited to a total of 91,000 gross square feet of floor area.
Possible tenants for these types of buildings would include a bank and/or
savings and loan, mortgage and title companies, insurance branch offices,
legal offices and so forth. It is conceivable that a drive-through
facility might be included for banking customers' convenience.
As before, all traffic will be directed towards the collector streets
with no direct access to or from the Sherman Street thoroughfare or the
Loop 288 service lane. Location of the ingress and egress points to
Parcel B will be subject to final plat approval, Our proposal provides
for at least one ingress/egress point along the primary collector street
(which parallels Loop 288) and one entry/exit point along the secondary
street (perpendicular to Loop 288).
This parcel, as well as all the other parcels herein described, will be
subject to all the federal, state and local building codes and
ordinances governing their respective land uses.
Parcel C: Planned Development Multi-Family Restricted - 5,5 Acres
Parcel C is a 5.5 acre tract that has been planned and herein proposed
as a multi-family residential development limited to a maximum of 18
residential units per gross acre or approximately 99 total units,
Ingress and egress from the subject property will be restricted to only
the primary collector street as described in Parcel B. Parcel C has
been imp)emented not only to achieve the highest and best use obtainable
for the land, but to also provide a significant buffer between Loop 288
and the community unit development proposed for Parcel A,
Parcel 0: Planned Development General Retail - 10 Acres
One of the main points that evolved from our market study for the area
was a tremendous need for good quality neighborhood shopping and services.
.3.
,
TI, Zoning Change' Request, Parcel D, continued
• Parcel D is intended to be developed into a neighborhood
with up to 100,900 square feet of retail space, Preliminary pconcceptinter
includes a major chain grocery supermarket and a major home improvement
center as anchor tenants with a variety of smaller tenants that can provide
goods and services to the surrounding communities. The retail center will
be designed to serve as the focal paint for the entire intersection and
surrounding properties,
Accessibility for the general retail area will be primarily from
Sherman Street. Our proposal for this parcel herein specifically
calls for a sennndary access drive to be made available to the site
along the Lo^p 288 service lane once 5,000 trips per day are generated
and subject to the final design approval by the state and local
authorities, It is clearly understood and stressed that no curb cuts
will be allowed within 500 lineal feet of that point where the service
lane actually meets the main highway road surface, The intent is to
provide better traffic flow to and from the retail area without
obstructing mainstream traffic flow along Sherman Street and Loop 288,
Also to be included in the ordinance will be that a visual screening
device, acceptable to local authorities, be provided separating the
proposed multi-family (Parcels E and F) properties from the retail area.
Such a screening device should prevent unwanted debris and traffic from
. crossing into the residential areas,
Parcel: E: Planned Development Multi-Family Restricted - 6 Acres
Parcel E is located south of the loop and has similar qualities and
features as Parcel C. The number of units has been restricted to 108
units for the 6 acre site based on 18 units per gross acre maximum.
Again, all traffic will be directed to and from the site via the collector
streets restricting any direct access to Sherman Street, It is typical
for m0 ti-family projects such as these to provide some recreational
amenities for the residents, Since the property does not presently have
any trees or shrubs on the site, special landscaping considerations will
be given to make the developments more eye-appealing, Off-street
parking requirements will be closely followed in order to minimize
any traffic congestion along the collector street.
Parcel F: Planned Development Multi-Family Restricted - 1,0 Acres
Parcel F is a similar land use as Parcels C and E. Parcel F is designed
to have a maximum of 18 residential units per acre or, 126 units in the
total development, A water run-off detention area will probably need to
be included in the final site plans to accommodate excess run-off during
the rainy seasons,
..4.
11, Zoning Change Request, Parcel F, continued
•
Access to the parcel 'wi11 be from the collector street only., There will
not be any direct access to loop 288 from this parcel or any of the
other parcels except for Parcel 0. (Please see Parcel D.)
Parcels C and F are looked upon as being excellent buffers between the
commercial properties and the less dense residential areas to the south,
It is felt that a screening device might be beneficial in separating
the multi-family land uses from adjacent parcels in all instances.
Parcel G: Planned Development Fourplex Residential - 9,0 Acres
The fourplex parcel will be restricted to 12 residential units per acre
with four units per lot. It is estimated at this time that the 9 acre
tract will support 27 lots with a total of 108 residential units as a
whole. Access will be available only from the collector street to the
south.
Parcel H: Planned Develn ment Duplex Residential - 6.0 Acres
Parcel H is designed to include 27 duplex lots which will accommodate a
total of 54 residential units, The parcel is bounded to the north by
the proposed collector street which is also the point for vehicle access.
Adequate .off-street parking should be included with each unit so not to
• hinder regular traffic flow, To the south of the duplex land is a thirty
foot utility easement backing up to both the duplex and single family
land further to the south. With the easement and the duplex housing,
adequate buffering has been achieved in order to protect the single
family lifestyle from the higher multi-family land uses further to the
north.
Parcel 1: Dedicated Park - 11.3 Acres
In an effort to conform to the goals and objectives of the city planning
policir,s, we have proposed that a park be dedicated to the City of Denton
which shall be a minimum of ten (10) acres in total area. This park
should greatly enhance the quality of lifestyle for the community by
providing a place for recreation and social gatherings.
Details of dedicating this park to the city have not been determined
as of yet. It Is the hope of the applicant 1 hat the park be dedicated
when the surrounding developments are considered to be substantially
completed. If the city at this time of dedication chooses not to accept
the park area or if the intended use should ever cease to exist, then
the parcel shall automatically'revert back to the owner of record at
time of dedication with a similar zoning classification as the SF-10
housing in Parcel K.
-5-
11, Zoning Change Request, Parcel J
Parcel J, Planned Development Garden/Patio Homes - 11,2 Acres
-
Parcel J will consist of approximately 70 exclusive garden/patio home
lots ranging from 5,500 to 6,000 square feet each. These lots will be
improved according to special planned development ordinances that will
permit building foot permits of a minimum of 1,500 square feet foot-
prints for single family dwellings, Quality and style of the Improve-
ments in this area should be comparable to the surrounding SF-10 area
with the only significant difference being the size of lots.
Ingress and egress are suggested to be permitted along the secondary street
between Parcel J and I which would be the closest link to the primary
collector street to the north,
Parcel K, Single Family 10 - 43,1 Acres
The proposed single family residential area is designed to buffer existing
housingg from any changes in future land uses, Existingg housing to the
south is currently occupied and it also zoned SF-10, A dirt-lined
drainage easement separates the existing homes from the future residential
area, This easement will need to be modified somewhat to accommodate the
increase in density and water run-off,
There are 123 SR-10 lots (2,85 units per acre) designed in our concept plan,
• However, this number may vary pending the final engineering and street
design reports. Two points of ingress or egress to the single family areas
are provided for along Kings Row gust to the south,
111, Traffic Intensity Calculations
Number of Total
Trips Per Dev. Units Trips
Parcel Land Use Type Dev, Unit Proposed Per Day
A PD-SF 10 55 units 554,
B PD-Office 15/1000 sf 91,000 sf 1,365
C PD-'MFR 8 99 units 792
D PD-GR 626/acre 10 acres 61250
E PD-MFR 8 108 units 864
F PD-MFR 8 126 units 11008
G PD-4-Plex 10 108 units 11080
H PD-Duplex 10 54 units 540
I* Park -
J* PD-Garden/Patio Home 8 70 units 560
K* SF-10 10 123 units 11230
Average intensity 112 vehicle trips/day/acre, 14,241
* Are not to be included in moderate density intensity calculations,
-6-
IV. Summary
The proposed land plan as submitted was based on an extensive marketing
research conducted by the applicant. The results of that research
indicated a strong need for affordable housing in a variety of types
and styles throughout North Denton, The two major reasons found to be
the cause of spasmodic new housinq starts in the area have been the
lack of accessibility and the lack of availability of good retail and
neighborhood support services,
With construction to begin on the new loop 288 in early 1985,
accessibility will dramatically improve throughout the area. With
greater accessibility, commercial land uses will begin to take form
which will ultimately encourage developers and home buyers alike to
take greater interest in this area,
With this knowledge and staying within the guidelines of the Denton
Development Guide Policies, our land plan began to take shape, With a
definite pattern in tho transition of land use from one zoning
classification to the next, a center of activity or focal point is
created, Heavier density housing is close to major sources of
transportation means white lower density areas are buffered from the
commercial and retail uses.
Based upon our research and discussions with area homeowners and city
officials, we feel that the zoning proposal as presented herein will
best serve Denton for many years to come and therefore should be
accepted by the governing officials of the City of Denton.
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1696
IN FAVOR IN OPPOSITION UNDECIDED
Ann L. Steck None Rei;eived
2200 Yorkshire
Denton, TX 76201
566-1514
Robert T. McGee
2220 Yorkshire
Denton, TX 76201
382-2362
Bob Jones
1824 S. Bonnie Brae
Denton, TX 76201
020
1
AL Jo
2
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Y~ a J
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2a, Alle
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P 2 Mifluta9
Page 5
Mr. Clark stated Mr, Jackie Doyle, Chief Building
official, issued a building permit upon his Inter-
pretation of the issue as It meets the zoning Cor
remodeling,
Ms. Spivey stated she did discuss with Mr, Doyle
the building permit use and he Issued a permit based
on Lhe Earl that they were within the zoning ordin-
anaa
Mr. Pearson commented he felt they were operating
under State laws which they thought were legal.
Mr. Morris stated the present zoning ordinance allows
group homes without a specific use permit, He stated
lie needed r,, determine if it is St:ite owned and op-
erated, if it is subject to our city ordinances.
Chair declared the public hearing closed,
:4r. Pearson stated he ',could be inclined to table this
issue untLL it can be determined if city ordinances
auply to this request.
Mr. Juren made a motion to table S-132 Soconded by
4r. scuc and unanimously carriad 14-0)
11r. .luren gUe St:oiia}! -niflc3 be done with the hanse
until some action could be decided by the Conunission)
and'lf it is determined it is an ilLegal use, should
we not allow them to operate as they are?
Chairman Claiborne questioned if the Commisaion has
the legal authority to do that.
Mr. Morris answered no, the Commission does not have
that authority.
Mr. Pearson commented that since a building permit has
been issued, it must be the opinion of the stacf that
It w.vs a Legal use.
Mr. Morris stated regardless of the action made by
the Commission, the City ,Attorney's oe.°ice will take
act±.on if it is determined it is in illegal use.
C. I -L•i)t o, r Lion of the Rober.. fIoIIo,:a}
Wi11iam Dyer, ragtiest.i..ny
a change in zoning from the agricultural classii`i-
cation to, the planned devolonment (L'D) classificrat.ion
on a 12P, acre tract located adjacent and rust of >t
428 (Sherman Drive) and adjacent and north of Kings
Row and the r_ambridue Square Subdivision, If appro-
np~ ved, tho PD will permit the following land usesi
\~S1 Single Family (817-14)) 122 units on 43.1 acre;i
J located adjacent and north of: Kin.1s Row
Patio Homes - 70 units on 11 acres
Duplex - 54 units on G acres
Single Family Detached ^ 55 units on a 13,9 ox:res
Fourplex - 109 units on 9 acres
Multi - Family Restricted - 3?3 units on 19.5 acres
office - on 4.2 acres
(jeneral Retail - on 10 acres
Park - on 10 acres
P 5 't. Minutes
Page 6
M3, Spivey stilted there were 38 reply forms mailed
to property owners within 200 feet of the sibject prop-
ertyl L was returned in favor and zoro in pposition.
Mr, Bill Dyer stated he is with the Robert Holloway
Corporation and a similar petition was prosunted to
the Commission on May 16, 1984 and wag heavily opposed
by the neighborhood, tie stated he has met with the
area homeowners two different times and noted their
suggestions, input and decisions, tie showed trans-
parencies of k,he proposal. He stated at the previous
presentation, the opposi, -..n was to 11 reduce the
(tensity) 2) to eliminate SF-7 areas; 3) provide
a parkr 4) review tha tra: c pattornsr•and 5) review
the retail area, Ha described the proposal and in-
dividual tracts as to size, locations and units per
acre, He described the dedicated park to the City
of Denton. He et.atod they had eliminated all of the
SF-7 housing and provided to the area homeowners
two plans; they chose the park and the patio garden
homos plan rather than the plan wi'ch all SF-10 homes,
He stated lie feels they have a •.ery high quality
land development plan and continued by stated Sherman
1'rive and the proposed Loop 238 will be the main
points of access,
On question from Mr, Pearson, Mr, Dyer stated yes,
they had talked with Mr. Brinkman in regard to the
dedicated park and he is very acNeptable to the idea.
Mr, Mike Gregory, an area homeownor, stated he wa.,
in opposition to the first proposal in May, however,
the Rober'. tioilorray Corporation has done all of the
things Lhar, the ,Area homeowners have suggested and
stated he think7, they have i quality plan and feel::
the area homeowners are very fortunate to have some-
one who would develop the area a:i a whole instead of
a hodgepodge '.r.ess. !le stated he was in favor of the
proposal.
Mr, Judd Ho}.t, ,,ri avea resident, stated he also spoke
aqainst th6 proposal, but now is in favor and feels
this orgarrzati.on should be complemented on alt >f
the work ,tone oy them, ao stato,,1 one o` `heir concerns
was that the patio garden horns area could be sold off
and the :}aed restrictions would not be kept, !!a stated
they arv all in favor of this request,
Mr. Mo,:ris f,taLed any standards that the Commission
desirra could be imposed,
No o-,e spo!se in opposition.
his, Spivey stated the purpose of identifying moderate
center areas is to encourage znd be able to plan for
bsianced city growth. Balanced city growth is another
w.ry to say efficient growth, Pfficient ,rowLh in-
cludes, adequate public infra-structure to support
these higher activity centers, and the plan is a com-
mihment to the development community and the public
that adequate infra-structure will be provided. She
stated the size of the moderate center at Sherman and
Loop 288 was set by zoning policies as part of zoning
case Z-1552 appro1ed in January, 1982, She stated this
case was the first official determination of intensity
at this corner. She stated the intensity sttidy was
based oie a ptatotype 30 acre contiquous moderate area,
3y approving the zoning, the Planninq and Zoninq Com-
mission and City Council said that the remaining vacant
unzoned land should not be zoned with a higher inten-
sity than approximately 170 trips per acre. This re-
P 4 Z Minutob
Page 7
quest to asking to increase the moderate center size
from 30 acres to 71,7 acvos, The guide provides for
this flaxibillty In order to promote diversified ceh-
tors. She st&'ted in other words, If divorsity is
7114ranteed a size bonus is allowed, Divorstty ad-
dresses more than housingt diversity includes office,
public facilities, employment industrian, etc, she
gave the benefits of the proposed zoning. She stated
the staff has chosen to limit its site plan comments
because a detailed and lengthy description of the vari-
ous land uses proposed In this development has been
submitted by the developers in the form of an atl•ached
zoning information packet, She pointed out the
observations considered worthy of emphasis by the staff.
She stated Staff recommends approval of -L696 with
eooditiona and only if the judgement is made to irant
a bonus size for divorsity and consequently establish
a 71.7 acrd moderate cantor at the site. She stat'!d
staff rocommunds denial if the prototype 30 acres me,i_
orate center if reaffirmed at this site.
Mr. Brinkman complimented mr. Dyer for tll the worl•.
lie has done and the effort to include a park even
though the ordinances do not require it. He stated
this area has been designated as a priority area and
0,a, dedicated 10 acres is a nice size park, He stated
he is very much in favor of the park area and the
city is willing to accept it.
On question from Mr. Pearson, ':r. Brinkman replied,
when the city accepts land for a park, the city pro-
vides the equirment,
Mr. Ellison stated he wanted to rGaemphasize the impov-
tance of the Intensity planning area, Based on the
land use, there could be a case where the boundaries
could change, the major issue is the Increasing of
moderate nodes,
Mr. Dyer stated they have been working on this land
plan since February 1984 and stated was based on the
moderate density as was e3tablished as ,1 10 acrr, node.
H,> asked do we increase the munti-family and decrease
the retail? He stated is was the lessor of the two
evils. He stated the neighborhood chose the r^tall.
He commended tho dedicated and serious homeowners for
their help and cooperation.
Chair declared the public hearing closed,
Chairman Claiborne commented ho had mixed reservations
on the expansion of the node and allowing the intensity
to be used up in the area. He stated weighing the pos-
itive and the negative, he feels it would be benefi-
cial to the area and stated he intends to vote for
the proposal.
Kr. Juren made a motion to ecommend approval of
Z-1696 with the following conditions;
1) Development shall conform to approved zoning con-
cept plan.
2) Specific site plan approval is required for all
'developments except single family (SF-10) and
duplex housing. Site olan approval must he grant-
ed prior to the Issuance of bui.ldinq permits.
3) Density in multi-family Sections C, E, and F, shall
be limited to 18 units per acre.
P & 8 Minutes
Page d
4) Gross retail acreage in section D shall not ex-
ceod 8 acres on elnal zoning concept plan,
5) Section a shall be limited to land 11909 permitted
in the City of Denton office (0) zoning dis-
tricts only,
6) A minimum 6 foot solid combination woodimasonry
or masonry fence shall be arrected along all
property linos where residential land uses of any
type abut retail anchor office land use,
7) All City of Denton development standards, subdiv-
ision requlations, land development' codas, and
building code requirements shall be enforced un-
less expressly waivod in the approved planned de-
velopment (PD) ordlnance.
dl Final street alignment shall be, determined by the
City Transportation Engineer.
toe, Pearson made a motion to ammend the original mo-
tion stating lie would be more in favor of accopttnu
the plan if condition number 4 were increased from
8 to 10 acres, Seconded by Chairman Clalbortte and
unanimously carried (4-0),
My. E:scue seconded the motion to recommend approval
of 2-1696 with the amendment made by dlr. Pearson and
unanimously carried (4-0),
,lr, Pearson coi,vnendod Mr. Dyar on the planning pro-
cogs and for working with the neighborhood,
D. 221698, This is the petition of Keith A. Rubeck re-
questfng a change in the zoning classi~'ication from
single family (5F-7) to multi-family on a
tract of approximately 8 acres situated east of and
abutting Collins Street and Bernard Street, south of
and abutting Collins street and west o£ Cleveland
Street and more fully described as lot 6,1, block
313, on Alexander Hill Survey, Abstract number 621,
Denton. A townhouse condominium project comprisintl
approximately 119 units is proposed For oho site,
Mr. PerSaUd stated there were 22 reply forms m7iled
to property owners within 200 feet of the subiect
propertyr 1 was returned in favor, l in opposition,
and 1 undecided.
Mr. Dick Myers stated he was representing Mr, Keith
A. Rubeck in his project. He handed out summaries
of the project and showed floor plans of the proposed.
[to stated they have a standard of development of ap-
artments that they have d eielop_d in other meas.
tie stated the apartmelug are oh7sica)ly striletured as
townhouss with the appeatanoe of sin: family homes,
tie showed the land plat, and stated t). } are proposim_1
a 341 parking spaces wtich is in exc, i of the city
requirements, lie emphasized Mesquite Ridge Apartments
and stated they have a nice physical impact on the
neighborhoccl. He stated they did send out letters to
those in the area that the city did to pose their plan
and felt at that time there was not any opposition,
lie stated they want to provide an attractive unit
in this neighborhood and seasonable and economical
housing in the university area exists, he stated
he is providing an owner occupied nousing development
and for that reason, he feels it would increase the
value of the property i:r the artra. He stated they
are recognized by thy- Condominuum Association. He
continued they sire proposing concrete drives, brick
exteriors and the density proposed is lower than that
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
Tos Denton City Council
Case Nos Z-1699Meeting Dates November 60 1984___..._._
GENERAL INFORMATION
,
ApplicantsbS~& B Metal Products~ r`i"" ~
` `
Randy Smith
1900 S. Bonnie Brae Street
Denton, TX 76201
Requested Actions Change in zoning from agricultural
(A) district to the light industrial
(LI) district
Purposes Construction of a facility for the
manufacture of wire garment hangers
Location and Sizes An approximately 1.9 acre tract
located on the west side of Bonnie
Brae Street approximately 1,000 feet
south of Willowwood Street. The
tract is more particularly described
as 1900 Bonnie Brae Street
Existing Land Uses Vacant
Surrounding Land Use
and Zonings North - Agricultural, vacant, single
family residentialt A
South - Vacant, single family
residentialt A, SF-16
East - Vacant, Estes Stablest A
West - Vacant, single family
residential) A
Denton Development Guides Area is designated as low intensity
SPECIAL INFORMATION
Drainages This tract is generally at the top of
the drainage basin but some channel
water runs to the south of this
tract. permission from off-site
owners will be necessary to drain
this area or detention may be used to
correct this problem.
(Case #Z-1699)
Page Two
SPECIAL, IN`ORMATION (continued)
Transportations The tract has frontage on Ronnie
Orae, a primary major arterial with
120 feet of right-of-way. The
perimeter street paving ordinance
will be applicable to Bonnie Brae
Street and off-site improvements may
be required during the platting stage
of the developmenr , Bonnie brae j
Street is in poor condition and very
narrow from the railroad to 1-35.
Utilities, Water and sewer lines currently exist
in Bonnie Brae Street. Indications
are that fire flow is inadequate in
this area and utilities may need to
be upgraded to serve the proposed
development. Electric and phone
services are available to this tract.
ANALYSIS
This tract was annexed into the City of Denton in 1981. At the
time of annexation M & B Metal Products operated a manufacturing
plant that produced wire garment hangers at this site. This
factory was allowed to continue operating as n legal non-
conforming use since it existed before this tract was annexed
into the city limits. Approximately' two months ago, the plant
was completely destroyed by fire. The City of Denton Zoning
Ordinance prohibits the reconstruction of a legal non-conforming
use if more than fifty (50) percent of the structure was
destroyed by fire; therefore, the petitioner seeks a change in
zoning from the agricultural district to the light industrial
district to rebuild the manufacturing plant.
f
This site is looated in a low intensity area. According to the
Denton Development Guide these areas represent the City's pri-
mary housing areas and should emphasize residential use. Low
intensity areas should correspond to an overall gross density
policy of 4,7 units per acre and an overall intensity policy
measured at 75 trips per day per gross acre. The density/
intensity standard for this area is not violated due to the
large amount of undeveloped property in the area. The site does
have frontage on the railroad and immediate access to Bonnie
Brae Street, a pr'.mary major arterial. These types of access
are desirable for light industrial use.
(Case Z-1699)
Page Three
RECOMMENpATION
The Planning and Zoning Commission feels that the reconstruction
of the garment hanger manufacturing plant would not be detri-
mental to the area and recommends approval of Z-1699 by a vote
of 4 to 0. Staff wishes to emphasize that the property must be
platted before building permits can be issued and utility,
street and drainage improvements may be required before any
redevelopment takes place.
ALTERNATIVES
1. Approve petition
2. Deny petition
ATTACHMENTS
- - - - - - - - - - -
1. Aerial
2, Reply Form Total
3. Property Owner List
4, Planning and Zoning commission minutes
of meeting of October 10, 1984
0467s
PROPERTY OWNER REPLY `FORMS
CITY COUNCIL
Z-1699
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
V
h
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AeAA
y
{tL ~S rrt
',t ~ ~-1 ANPt
C'
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P & Z Minutes
Page 10
Chairman Claiborne commented he doesn't eeel that
multi-family (IF-1) zoning is the best use of this
land.
Chairman Claiborne made a motion to deny 3-1698,
seconded by Mr, Juron,
Mr, Pearson commented trying '.-o look at this from the
pluses and minuses, Ile doesn't feel it would be de-
voloped as single family (SF-1) and txrt brand new
homes there, He fools this proposal will allow for
undeveloped land to bo developed and wouLd vote for it.
Vote was valled and (.onvnission made no recommendation
as the vote was 3-1. (Conmiisstoner Pearson voted no.)
E. 4-1699_, This is the petition of M y n ?fetal products,
Inc., represented by Randy Smith, requesting a change
9 in zoning from the agricultural (A) classification to
pub the light industrial (L I) classification on a 1.9 acre
tract located on the west side of Bonnie Brao Street,
QC approximately 1,000 feet south of Willowwood Street,
utl The tract is more particularly described as 1900
Bonnie Brae Street, •
Ms, Spivey stated there weve 5 re.{{lv forms mailed to
property owners within 200 feet of t s subject prop-
erty; 1 iJas returned in opposition and zero in favor,
Mr, Randy Smith stated he was ropresnnting %I S B
Metal Products, [no., and that on August 9, 1994,
this businevs was destroyed by tire, which had been
located here and operating for the past 16 years,
Be stated according to the city attorney i£ one half
of the building had burned and one half had stood, we
could be issued a building permit, Since it was
totally destroyed (loo percent) by fire, we have to
rezone before we can be issued a building uermi`..
He stated there are 16 familles out of work as a
result of the fire. lie s'cated the location of the
property is located at the railroad track and wcul..r.
never be feasible for single family hones to be
built there. lie stated they have water and would
be glad to make any changes to meet with city ro-
quirements.
On question from Mr, Claiborne, ?Is. Spivey stated
to qualify for a planned development for 1L.lht in-
dustrial according to the zoning ordinance, it a0.1Slt
be L'J acres or larger.
Malcum Magnus, from Birmingham, Alabama, stated as
an associate of Mr. Smiths, they wanted to rebuild
a building on an existing Slab. Ile slated they
manufaeLiire coat hanger's and are pracLicalLy noise
and polution free.
Ms. Spivey stated this tract was annexed into the i'ity
of Denton in 1981, Pit the time of annexation M s B
Metal Products operated a manufacturing plan that pro-
duced wire garment hangers at this site. This fac-
tory was allowed to continue operatinq as a legal non-
conforming use since It existed before this tract was
annexed into the city limits. Approximately six weeks
aqo, the plant was completely destroyed by iLre. I'll e
city of Denton Zoning Ordinance prohibits the recon-
struction of a legal non-ronforminl use if more than
50 percent of the structure was destroyed by firer
therefore, the petitioner sueks a change in zt.ring
from the agricultural district to the light industrial
district to rebuild the manufacturing plant.. This
site is located in a low intensity area. She stated
according to the Denton Development Guide these areas
i
P & x Minutia
Page 11
ro,> esont the oity's primary housing areas and should
,,mphanize residential use. Low intensity areas should
correspond to an overall -,ross density policy of 4.1
units per acre and an ovai•all intensity policy meas-
ured at 75 trips per day per grosa acre. The density-
intensity standard for this araa is not violated due
to the large amount of undeveloped property in the area,
The sil;e does have frontage on the railroad and immed-
iate access to Donnie brae Street, a primary mayor
az!terial. These types of access are desirable for
light industrial use, Despite the positive factors
mentioned, staff feels that this site is unappro-
priate fot light industrial Land use. According to
the Denton Development Guide, future development in
this area will be predominantly low dat,Oty residen-
tial development.. Staff feels that light Industrial
land use is not compatible with the low density re-
sidential development of this area. She stated while
staff is sympathetic to the petitioner's plight, we
cannot recommend approval of this request from a land
use point of view. 11 the Planning and Zoning Com-
mission is inclined to approved this petition, staff
wishes to emphasize that the property must be platted
before building pertits can be issued and utility,
street and drainage tmproveme-ts may be required be-
fore any redevelopment takes place.
On questions from Mr. Pearson, Ms. Spivey stated
staff wishes there were alternatives to offer, how-
ever, there are not. She added given the fact the
property is located next to the railroad tract,
additional land uses could be office-retail, and
multi-family could be a possibility.
Mr, Ham stated there is an existing 3 inch water line
on nornie Brae and there is 600 g.p.m. new servicing
this site, fie stated for light industrial zoning
3,000 g.o.m. would be r=.quired ,Ith a 12 inch water
line. He stated the nearest water main is on Hobson
Lane; and added the sewer is adequate.
Mr. Smith stated they have complied with law and or-
dinance for the past 16 years of service there ~!rnd
clidn't fight when the city wanted to annex this site.
He stated business wise, .,re nr,s a clean business and
manufactu~:a good product. He stated there is a
considerable amount: of money involved, fie stated they
had paid for the existing water line. Ile 31so stated
there is not much traffic on Bonnie Brae rind it would
mean a Lot to all concerned to 'oe back in businos!i.
on question from Air, Claiborne, Mr. Smith stated no,
there is not a side rail to the railroad, iust a
main line,
on question from me. Pearson, Air, Smith stated no
they had not considered building in another area
designate,A for light industrial, he stated he feels
they have earned their place in this society. He
stated he doesn't feel they should have to spend the
extra money to relocate.
me. Smith stated regarding the water lino, the city
informed us all we would ever need is what we had
installed and paid for which was supposed to cost
$2500 and it cost $8900, He stated Mr, Jones owns
land on three sides of us and there is ,a riding stable
aCY0a5 the street from us and asked who would ever
buy this land for any other use.
chair declared the public hoaxing closed.
t ~ y~
P 5 Z Minutes
Page 12
Mr. Eseue stated he is sympathetic to this ianue
as it was an established business,
Ir. Claiborne commented lie felt there was very little
potential for any other type of land use,
Mr. Claiborne made a motion to reeommond approval of
2-1699, Seconded by Mr, Pearson and unanimously
carried (4-0).
F. Recommend approval of the preliminary and final replat
of the Milton court Addition, lot 1, block L.
Mr. Persaud stated this is a tract of 0}4 acres of
land situated east of and abutting Normal Street and
north of hest Oak Street. He stated the site is ado-
quately served with water and sewer facilities.
Electric service is available and access is to be
allowed on Normal Street. All existing streets meet
city requiremonts, The site is zoned for multi-family
and a L7 unit efficiency development is anticipati!d,
Development Review Committee recommends approval.
No one spoke in favor or in opposition to the request,
Chair declared the public hearing closed.
Mr, .Duren made a motion to recommend approval of tho
preliminary and final replat of the Milton Court
Addition, lot L, block 1, Seconded by Mr. Escue and
unanimously carried (4-0).
G. Recommend approval of the final replat of the Guy
Laney Addition.
Mr, Persaud stated the owner has acquired additional
property adjoining the recently approved auto dealer-
ship on Dallas Drive. He stated the purpose, of the
replat is to eliminate existing lot lines and create
a one lot resubdivision. Development Review Committee
recommends approval,
No one spoke in favor a!: in opposition to the request,
Chair declared :he public hearing closed,
H. Approval of a petition of etcher flartman requesting a
variant of the City of Denton Subdivision and i,anO
Development Regulations with respect to perimeter street
paying and the upgrading of existing water llnes along
107.91 feet of lat frontage on Willowwood Street,
The site comprises 1.0345 acres and is located north
of and abutting willoVA-00d Street, east of lfendolph
Street and west of McCormick Street and described as
lot 1, block 1, on Tompkins Survey, Abstract number
1246 (V-•9) ,
Mr. Persaud stated there were 5 reply forms mailed
to property owners within 200 feet of the subject
property; 2 were in favor and zero opposed,
Mr, Walter Hartman stared he wanted to build a single
fr,mily home for his own residence, He stated the
city suggested he upgrade the existing water, Ho
stated he is requesting a variance basically because
of the finarcial burden and at the present time if
he put in a 6 inch water line, tie would be ty{na an
either side to a 3 inch water and he wo.ild be the
only one with curb and gutter, lie stated the serer
is adequate,
No one spoke in favor or in opposition to the request.
NO,
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON TO DEXEENTON CUTE THE AGREI ENT; OAPPROVING FAMILY; THE ~EUXPEND TUE THE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE JATE,
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to provide public
funds to Denton County Friends of the Family, in consideration
of the valuable public services to be furnished by DeL~ton count
yy
Friends of the Family to the City of Denton in accordance uttli
the "Funding Agreement" attached hereto; and
WHEREAS, Section 2.36 (f) of the Code of ordinances requites
that the Cfry Council approve all expenditures of more than
$3,000; and
WHERF.AS, Section 2.09 of the Charter of the City rf Denton,
Texas reruires that every act of the Council providing for the
expenditure of funds or for the contracting for indebtedness
shall be by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1.
t
Agreement" attached hereto, between hereby the City approves ofh Dent"Fuin
onndand
Denton County Friends of the Family, and authorizes the Mayor to
execute said agreement,
SECTION II.
tat t e c ty council authorizes the expenditure of funds in
the manner and amount as specified in the Agreement.
SECTION III,
at e s ordinauce shall become effective immediately upon
its passage end approval.
PASSED AND APPROVED this the day of
KTCH M-6 51 "~7Ay0
CITY OF DENTON, rEXAS
ATTEST:
CITY OF DENTON,1,TEXAS E~
APPROVED AS TO LEGAL FORM;
JOE D~ MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
FUNDING M4REEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS;
.
This Agreement is hereby entered into by and between the
t
City of Denton, Texas, a Home Rule Municipal, Corporation,
horotnafter referred to as "City", and the Denton County Friends
of the Family hereinafter referred to as "Agency";
WHEREAS, the City's Human Resources Committee (HRC) has
reviewed the services of the Agency and has determined that the
Agency performs an important service for the residents of Denton
without regard to race, religion, color, age or national origin,
and HRC recommends funding the Agency; and
WHEREAS, the City has determined that Chu Agency merits
assistance and has provided for Twenty-Five Thousand and N01100
Dollars ($25,000.00) in its budget for funding the Agency;
NOW, THEREFORE, the parties hereto mutually agree as follows;
1.
SCOPE OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the following tasks, foe which the moneys provided by the City
may be used;
A. Provide emergency residential shelter to women and
their children, who are victims of family violence.
B. Provide counseling, on both a residential and non-
residential basis, to family members, to assist
them in dealing with the emotional and physical
trauma of family violence.
C. Provide counseling services to victims of rape and
their families.
D. Provide community education services concerning
rape and family violence.
II..
TIME PERFORMAAICE
The services funded by the City shall be undertaken by the
Agency within the following time frame:
October 1) 1984 through September 30, 1985.
FUNDING AGREEMENT-DENTON COUNTY FRIENDS OF' THE FAMILY-PAGE ONE
' ~.u •~•-.rr F... ..r .r...r.r ir. ..r r.n ...w ....fir r i....
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~ zzz.
METHOD OF PAYMENT
The City agrees to make payment to the Agency upon
submission of approved requisitions in one lump sum payment.
It is expressly understood and agreed that
in no
event under
the terms of this contract will the tot.tl companeatton to be
paid hereunder exceed tho maximum sum of Twenty-Five Thousand
and No/100 Dollars ($25,000,00) for all of the services rendered.
IV.
EVALUATION
The Agency agrees to participate in an imp rmentation and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review b). the City at the City's discretion. In
addition, the Agency agrees to provide the City the following
data and/or reports;
A. All external or internal audits.
B. All external or internal evaluation reports.
C. Quarterly performance reports submitted in January,
April, July and Sept,:.ber, to include the following
criteria,
1. Total number of clients served.
2. Residential-lumber of women over seventeen (11)
housed.
3. Number of children under seventeen (17) housed.
a. Average length of stay of persona housed.
5. Disposition of case.
6. Non-Residential Family Counseling-Numbar of
clients.
7. Non-Residential Individual Counseling-Number of
clients.
8. Number of telephone calls related to family
violence.
9. Income level correlated to Texas Department of
Human Resources and Health & Human Services
Poverty Guidelines.
LO. Number below poverty level. Number above poverty
level.
FUNDING AGREEMENT- DENTON COUNTY FRIENDS OF THE FAMILY-PAGE TWO
I
11. Number of rape cases.
12, Other appropriate Information such as number of
volunteer hours, major donations, fund raising
efforts, community e~ucation programs, and new
program developments.
D. Quarterly financial statements submitted in January,
April, July, and September to include expenses and
income.
E. An explanation of any major changes in program
services.
F. An explanation of use of funds to provide additional
services.
V.
SUSPENSION OR TERMINATION
In case of suspension, the City shall advise the Agency, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable date for compliance.
In case of termination, the Agency will remit to the City
any unexpended City funds. Acceptance of these funds shall not
constitute a waiver of any claim the City may otherwise have
arising out of this agreement.
IN WITNESS WHEREOF, the parties do hereby affix their
signatures and enter into this Funding Agreement as of
the day of , 1984.
CITY OF DENTON, TEXAS DENTON COUNTY FRIENDS OF THE FAMILY
CITY `F(iT E U%V1_ ~ rY GJ~c1
ATTEST: ATTEST;
APPROVED AS TO LEGAL FORMI
JOE`D. MORRIS, ACTING CITY ATTORNEY
i
FUNDING AGREEMENT- DENTON COUNTY FRIENDS OF THE FAMILY-PACE '1HREE
i
ff r.. t -T-77
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NO.
AN ORDINANCE APPROVING A FUNDINO AGREEMENT BETWEEN THE CITY OF
DENTON AND SERVICES PROORAM FOR AGING NEEDS; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to provide public
funds to Services Program for Aging Needs, in consideration o,I
the valuable public services to be furnished by Services Prograr,
for Aging Needs to the City of Denton in accordance with tha
"Funding Agreement" attached hereto; and
WHEREAS, Section 2.36 (f) of the Code of Ordin.,nces requiroej
that the City Council approve all expenditures of more than
$1,000; and
WHEREAS, Section 2.09 of the Charter of the City of Denton,
Texas requires that every act of the Council providing for the
expenditure of funds or for the contracting for indebtedness
shall be by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS;
SECTION I.
That rha City Council hereby approves the "Funding
Agreement" attached hereto, between the City of Denton and
Services Program for Aging Needs, and authorizes the ;savor to
execute said agreement.
SECTION II.
at tFe City Council authorizes the expenditure of funds in
the manner and amount as specified in the Agreement.
SFCTION III.
That t s ordinance shall become effective immedtntely upon
its passage and approval.
PASSED AND APPROVED this the day of _ y , 1984
KICIMD 0. , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
c~E trriRY
~RMLOTTE ALL
CITY OF DENTON) TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON$ TEXAS
BY: A, } 11
A
.224L
FUNDING AGREEMENT
THE STA E OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF DENTON
This Agreement is hereby entered into by and between the
City of Denton, Texas, a Home Rule Municipal Corporation,
(hereinafter referred to as City) said Services Program for Aging
Needs (hereinafter referred to au Agency) ;
WHEREAS, the City's Human Resources Committee (HRQ has
reviewed the services of the Agency and has determined that the
Agency performs an important human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HRC recommends funding the Aganav; and
WHEREAS) the City has determined that the Agency rerir.s
assistance and has provided for Twenty-Five Thousand and No/100
Dollars ($25,000.00) in its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows;
1.
SCOPE OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the following tasks;
A. The Agency's purpose is to help older citizens
remain independent and as fully active in the
community as they choose.
H. Provide transportation for persons sixty years old
or older.
C. Provide a hot meals program five days a week at
Denton Senior Center, Heritage Oaks and Pho~~,fix RP)%If MOOAI
21b
D. Offer information and referral services for older
persons at the SPAN Central Office.
II.
TIME PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame;
October 1, 1984 through September 70, 1985.
FUNDING AGREEMENT-SERVICES PROGRAM FOR AGING NEEDS-PAGE ONE
1
{
+ III,
i
USE OF FUNDS
? City funds made available under this Agreement shall be
utilized by the Agency to perform the following:
A. Provide transportation for persons sixty years or
older.
B. Provide a hot meals program five days a week qt
Denton Senior Center, A" Heritage Oaks a„d Dhp,"f,x 1~yxrfinrn~f
R +D
C. Offer information and referral services for older
persona at ;he SPAN Central Office.
Iv.
METHOD OF PAYMENT
The City agrees to make payment to the Agency upon submis-
sion of approved requisitions in one (1) allotment.
It is expressly understood acid agreed that in no event under
the terms of this contract will the total compensation to be
paid hereunder exceed the maximum sum of Twenty-Five Thousand
and No/100 Dollars ($25,000.00) for all of the services rendered.
V.
EVALUATION
The Agency agrees to participate in an implementation and
maintenance system wheruby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review by the City at the City's discretion. Io
addition, the Agency agrees to provide the City the following
data and/or reports:
A, All external or internal audits.
B. Ail external or internal evaluation reports.
C. Quarterly performance reports submitted in January,
April, July and September, to include the following
criteria:
1. Number of one-way trips furnished each month.
~er of raeals served at
Denton Senior Canter, 1~20~"
2 mum Ilerit
Oaks each month,
3. Number of information and referral requests
handled quarterly.
FUNDINO AGREEMENT-SERVICES PROGRAM FOR AGINC, NEEDS-PAGE TWO
1
,
e
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D. Quarterly financial statements submitted in
January, April, July, and September to include
expenses and income.
VI.
I SUSPENSION OR TERMINATION
The City may suspend or terminate this Agreement and
payments to the Agency, in whole or part, for cause. Cause
shall include but not be limited to the following:
A. Agency's improper, misuse, or inept use of funds.
8. Agency's failure to comply with the terms and
conditions of this agreement.
C. Agency's submission of data and/or reports that are
incorrect or incomplete in any material respect, or
D, If for any reason the carrying out of this agreement
is rendered impossible or infeasible.
In case of suspension, the City shall advise the Agency, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable data for compliance.
In case of termination, the Agency will remit to the City
any unexpended City funds. Acceptance of these funds shall not
constitute a waiver of any claim the City may otherwise have
arising out of tnis Agreement.
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Funding Agreement as of the day
of L984.
CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING/ NEEDS
C i'F4`1iANAUE=
8317~f
ATTEST; ATTEST:
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNIBY:
i
J
FUNDING AGREEMENT-SERVICES PROCW1 FOR AGING NEEDS-PAGE THREE
,i
NO,
i
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED IOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING c,:,R AN EFFECTIVE DATE,
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to provide public
funds to Fred Moore Child Care Center, in consideration of the
valuable public services to La furnished by Fred Moore Child
Care Center to the City of Denton W a_r.orHance with the
Funding Agreement" attached hereto; and
WHEREAS, Soction 2.36 (f) of the Code of Ordinances requires
that the City Council approve i I expenditures of more than
$3,000; and
Sec ' thatn ev2.09 of ery act of Chaeter of
Couticil the
providing for tthe
expenditure of funds or for the contracting for indebtedness
shall be by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1,
iat t e City Council hereby approves the "Funding
Agreement attached hereto, between the City of Denton and Fred
Moore Child Care Center, and authorizes the Mayor to execute
said agreement.
SECTION 11,
'iat the ty Cokincil authorizes the expenditure of funds in
the manner and amount as specified in the Agreement,
SECTION M.
at th s ordinance shall become effective immediately upon
its passage and approvAl•
PASSED AND APPROVED this the day of 1984,
~1ARk
CITY OF DENTON, TEXAS
ATTEST:
C R 211 E AL E , EC
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
231L
FUNDING AOREEMENT
kk THE STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS:
s
~ I
This Agreement is hereby entered into by and between the
City of Denton, Texas, a Home Rule Municipal Corporation,
(hereinafter referred to as City) nod the Fred Moore Child Care
Center (hereinafter referred to as Agency);
WHEREAS, the City's Human Resources Committee (RAC) has
reviewed the services of the Agency and has determined that the
_Agency performs an important human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HRC recommends funding the Agency; and
WHEREAS, the City has determined that the Agency merits
assistance and has provided for Eighteen Thousand and No/100
Dollars (:18,000,00) in its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows:
C.
SCOPE OF SERVICES
The Agency shall in a satisfactcry and proper manner perform
the following tasks:
A. The Agency's purpose Is to provide day care for low
income famillas (which includes free lunches, dental
care and yearly medical examinations provided by an
area volunteer),
B. To provide information and referral services,
C. To provide protective day care for abused children,
D. To provide family self-support services.
it.
TIME PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame;
October 1, 1984 through Saptember 30, 1985,
l
FUNDING AGREEMENT-FRED MOORE CHILD CARE CENTER-PACE ONE
_I
i
zzz.
USE OF FUNDS
City funds r-de available under this Agreement shall be
utilized by the Agency to perform the following,
A. The funds paid r.o Agency are to be used to provide
the scope of services provided for herein.
IV,
METHOD OF PAYMENT
The City agrees to make payment to the Aget - y upon submis.
sion of approved requisitions in one (l) luwp sum payment.
It is expressly understood and agreed that in no event under
the terms of this contract will the total compensation to be
paid hereunder'oxaeed the maximum sum of Eighteen Thousand and
No/100 Dollars ($18,000.00) for all of the services rendered,
V.
EVALUATION
Tha Agency agrees to participate in an implementation and
maintenance system whereJy the services can be continuously
monitored, The Agency agrees to make available its financial
records for review by the City at the City's discretion. In
addition, the Agency agrees to provide the City the following
data and/or reports:
A. All external or internal audits,
B. All external or internal evaluation rcpor~s.
C. Quarterly performance reports submitted in January,
April, July and September, to include the following
criteria;
1. Number of children served each month.
2. Number of information and referral requests
handled quarterly,
3. Income level of families participating in program.
D. Quarterly financial statements submitted in January,
April, July, and September to include expenses and
income,
FUNDING AGREEMENT-FRED MOORE CHILD CARF CENTER-PACE TWO
i
VI.
SUSPENSION OR TERMINATION
The City may suspend or terminate this Agreement and
payments to the Agency, in whole or part, for cause, Cause
shall include but not be limited to the following;
A. Agency's improper, misuse, or inept use of funds.
B. Age toy's failure to comply with the terms and
conditions of this agreement
C. Agency's submission of data and/or reports that are
incorrect or incomplete in any material respect, or
D. If for any roason the carrying out of this agreement
is rendered impossible or infeasible.
In case of suspension, thi+ City shall advise the Agency, in
writing, as to conditions precedetit to the resumption of funding
and specify a reasonable data for compliance.
In case of termination, !'.he Agency will remit to the City
any unexpended City funds. Acceptance of these funds shall not
constitute a waiver of any claim the City may otherwise have
arising out of this Agreement,
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Funding Agreement as of the day
of , 1984.
CITY OF DENTON, TEXAS FRED MOORE CHILD CARE CENTER
ATTEST: ATTEST:
CITY SME7A.
SE~FEE'1'
APPROVED AS TO LEOAL FOPft
JOE D. MORRIS, ACTING CITY ATTORNEY
BY;
1
FUNDING AGREEMENT-FRED MOORE CHILD CAGE CENTER-PAGE THREE
No.
f
i AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND RETIRED SENIOR VOLUNTEER PROGRAM; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to provide public
f
the unds to Retired Senior Volunteer Program, in consideration of
Program public services
Volunteer valuable
City to be
Denton lin e accordance Retired withnthe
"Funding Agreement" attached hereto; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2,04 of the Charter of the City of Denton,
Texas vaquires that every act of the Council providing for the'
expenditure of funds or for the contracting for indebtedness
shall be by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1.
at tLo City Council hereby approves the "Funding
Agreement" attached hereto, between the City of Denton and
Retired Sonior Volunteer Program, and authorizes the Mayor to
execute said agreement.
SECTION 11,
iii[ t1e ty Council authorizes the expenditure of funds in
the manner and amount as specified in the Agreement,
SECTION III.
That tFiTe ordinance shall become effecrtve immediately upon
its passage and approval,
PASSED AND APPROVED this the day of 1984,
R C f b~- 51'i?.Je , IA OTZ
CITY OF DENTON, TEXAS
ATTEST;
C LO E AL CIT SMEMY
CITY OF DENTON, TEXAS
FPPROVED AS TO LEGAL FORM;
JOE 0, NOKRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: k" Y's
I
230L
4.
FUNDING AGREEMENT
THE STATE OF TE:41S 9
COUNTY OF DENTON KNOW ALL MEN BY TFiFiSE PRESENTS;
This Agreement is hereby entered into by and between the
City of Denton, Texas, a Home Rule Plunie!.pal Corporation,
(hereinafter referred to as City), and tF.e Retired Senior
Volunteer Pr ;gram (RSVP), (hereinafter referred to as ,~gancy);
WHEREAS, the City's Human Resources (;ommittee (HRC) has
reviewed the services of the Agency and has determined that the
Agency performs an important human service for the residents of
Denton without regard to race, color, r0ligion, age or national
origin, and therefore HRC recommends funding the Agency; and
WHEREAS, the City has determined that the Apiney merits
assistance and has provided for Six Thousand and i'o/100 Dollars
($6,000.00) in its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows;
1.
SCOPE OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the following tasks:
A. This Agency's purpose is to offer opport!:ni ties for
retired persons sixty (60) years of age or older to
do volunteer service in tho community.
B. To remove obstacles that would keep volunteers from
serving (transportation, reimbursement, moals)
insurance).
C. To develop stations, non-profit, public and private,
in which volunteers can serve and with stations
representative to design job descriptions for
services needed.
D. To recognize volunteers for their valuable service.
To recognize supportive staff in cooperating
agencies.
E. To recruit, place and train volunteers.
II.
TIME PERFORMANCE
The services funded by the City shall be undertaken by the
FUNDING AGREEMENT--RETIRED SENIOR VOLUNTEER PROG"M (RSVP)-PAGE ONE
Agency within the following time frame;
i
I October 1, 1984 through September 30, 1985.
{
III.
USE OF FUNDS
City funds made available under this Agreement shall be
utilized by the Agency to perform the following;
A. Upon request, reimburse volunteers for mileage from
home to place of service and back.
8. For accident and liability insurance for active
volunteers plus excess automobile insurance for
those volunteers who drive their cars.
C. For recognition purposes.
IV.
METHOD OF PAYMENT
The City agrees to make payment to the Agency upon submis-
sion of approved requisitions in one (1) allotment.
It is expressly understood and agreed that in no event under
the terms of this contract will the total compensation to be
paid hereunder exceed the maximum sum of Six Thousand and No/100
Dollars (0,000.00) for all of the services rendered.
V.
EVALUATION
The Agency agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review by the City at the City's discretion. In
addition, the Agency agrees to provide the City the following
data and/or reports;
A. All external or it°.ernal audits.
N. All external or internal evaluation reports.
i
C. Quarterly performance reports submitted in January,
April, July and September, to include the following
criteria;
1. Number of active senior volunteers.
2. Number of volunteer hours served.
3. Number of stations in which volunteers serve.
FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE TWO
f
D, Quarterly financial statements submitted in
January, April, July, and September to include
expenses and income,
VI.
t
I SUSPENSION OR TERMINATION
The City may suspend or terminate this Agreement and
payments to the Agency, in whole or part, for cause. Cause
sh&ll include but not be limited to the following:
A. Agency's improper, misuse, or inept use of funds,
B. Agency's failure to comply with the terms and
conditions of this agreement,
C. Aguncy's submission of data and/or reports that are
1.noorrect or incomplete in any material respect, or
D. If for any reason the carrying out of this agreement
is rendered impossible or tnfeasl.ble.
In case of suspension, ,.no City shall advise the Agency, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable data for compliance,
In case of termination, the Agency will remit to the City
any unexpended City funds, Acceptance of these funds shall not
constitute a waiver of any claim the City may otherwise have
arising out of this Agreement,
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Funding Agreement as of the it day
of _ `{k t~___, 1984, _
CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM
'ul'Ir A E W` r'~T~LI V/~Lt av,t
ATTEST; ATTEST:
APPROVED AS TO LEGAL FORIt
JOE D. MORRIS, ACTING CITY ATTORNEY
i
i
BY:
r
FUNDING AOREF.FIE,NT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) -PAGE THREE