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HomeMy WebLinkAbout11-06-1984 CITY COUNCIL AGENDA II-4b- 8~ .:3;Y ,U1,...,.O YEA-+JY y...,,JV bn«d +6'..L. Mt,l 'pya, , Qr i~'. n./.M.:~i15W+a ik y'-L' a `y.A1l .4v nS31 ~.}.y R.l. aSfa Aw9. ~VjP:r ~.r 1il~: r1i.a.L, w~ .~a f~1'.i i I AQ$ DA 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.) .n. n.d •v u., Cpl.. ...d x;41 +:n .?•w. t , a .rt...: ..c ,e . .';.-L s ti i_ ♦ ,,.ir.ow..i ...r 1f [w.a w. r=:.. z. 1 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 ~ i 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) i 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 j I I 1 ~ j w 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 016I J ~i Gib ' ".v , ~ ~~I w '4 MYl'.n Ida- T~ r r Ilk 4 S~ 1 0.J V • t. -0 • C F - tr{ FI" ,t5~t~. f iL •1• 7,~ ~ ~ ~'I` ~ l,r •'I -~f: t ~r >E 1^ ~ 1 3 i „ r Y 44 , U Y ,1 Y, `~,i+G 1eY l^~ k4 r ` {lrQ'p~ i / liir~ v+, , ""74r' ° 7 1y~A, , 5,;~, [c y~~ •a 1 ~y1 .~b'' dk. ' S y r \yyr t t{ } 51 jri; ~'1 4 ~ ~'I 1 wi A ~ ~ ,L{i .t~r'Ilt ~ x}61 t 4~3 + ( r}^I N ~ %"N°''b^ { i i. ';G~.~i 4 `iS4~i1 I ,~1, ,+'4, w11, Y r.:. i ~4-ln~~rr/~, rl ,L ':,tl r~\` t , '~'t i •V'y 1:.. '~~i'~tr ' „i"7,Ir r - t t I M 'M 'X ~d; , I t, ~ ' f r4 Au 2t y r, ,s. 11• k ~S , ~t. f`' J SIV~. 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ANNA ~ 4rs' 3 ExISTING r r CA RRML, ESLuD i 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 r i A 04A ¢l Sb'jO -G$avo 41 ' i AILt I& -ydk- _ t4 i AV& 1 I 1 II{ fY.r.+...r......~.~+~«+...'^..'.""^~. ~.-.~.T+= .....ter 1 I v, I ,L 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" 03222 . 1 , two , !1t$h ".,r, ~ „'1 v 1. , ,a'~, tR'~Mi~ r ' Gkl~ v r a , , ~ ,t 7 all . ~}11.P ~F v q~Mv rt,"~~t^~~.~,~ f ~ ~ ale .H~V ~.✓xt °iht'). t~'.~~~'ttC l o 1R'1 1 V1 rel. a~ ,~lF VV' '?.fin{'r,I o,! f.' ',i~9U;:i '~M » .40 %boo o.• a: v~~,~ lip 'r ~ La y~~~N4" } ~~~~•~i~~'rl~'~r`~aKW ~i~l~~'~~1 t cy, i. ; .1 i - v P' i , 14 1 / I~1 MI n'v.i~ I~ I' ~ V~ ~''F rl~4'Iko 1}S k y fl~~•r 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 THE' SfA n all Men by th a k'r a ei QIH E • N IM w. N `y "A7.... ..t... • f~~° i ra"^'wl' le r«y4f+wA. DOLLAR% 14 N I Cfw11.N«.c~N"'^R• ~.•"NN! Mw 04 J/ ..AM ",Opt rI NW41+M1+tIMN,1~1;91.6n(WrInN~ Crl~rryNJ Ilr A rAa M 14M IAN IIIW nil 11(, WII, Cwry HAl p1lry,f, rT114 WW ~ JIA,!~. ft/ ~("a.~-1!;4__✓-~f Min rwl ~rIM IM I+INNNy lk.erl4.11'((M~rl~wwNl 4-A 140 r Ale , Yp~ , Y ~MwM1 0 ry Nlw Win / Alp ' I MmINNINar IAAAI IwMAr1MWN N SFI J I.AtNMf YN\ 111 NIJ INtAJN IIN 11(111 YNMfr, Iwrf111 ATIII \ I~Oy~. rt > OL., ,NI1NJ~IMtnw IM pN~Nw IDNI Ar"I'r"r'I HN IM i IIA1'C AND TO w!to Iwm h J A.JRM IawrN110001_~... 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O1:Jat Zone ~Inmb« I+p un1Nf •oM CPt NIIINIFM II CunlpU Reeldea0e,, 11nnUHMlq ~f~ - at(). L- KT'aAI ~IIII'l ~x Lerrl 1 I ~Ik4 I ! 1.~, • - axa~+s.,..._. _.-....___._a a~zn~xia-. ~x:s~ sz3ar.i _+.a-r.av.z= :az_-rcc-a,n-----_•a,F-se a ,«w w 1 fre. D LICNIIDIDOI RCCOND Klwl of hia Y I. Polo IA114 Con NdualMn SMN I~rt INhRUVk'.MINT LAND INPROYCN I7CT it .>L.~aaassas~ a.rcvam._ncs armrm rmaas• aamm~~a--ax .ssr.:_-~sc~.vucassmsssss.raa w ..r - I. x Cu1L yAYfkflft + Rat= .a1tf .a«~•-v.~.~«~~ r - - - _ ._...~oirc A.1'hull_ _ -yIAIVCWAY ~ CuntlHe alold CurwnN Runnln All, N'IJ1FI - _ fl. tlins"I 1 Sfirl_,:-~~ So oil WIJIh,^__.___KL UT11, Ir.St.I"YICC IPIt 1`104,4004 Q bta. C llt1Wtlt'1„111 ✓;ILIPI: I oy 5W.f LAND VALUA 01 are. a PRI51.111 VALUI'R ASSMSM VALUrS m--_._....._;s_:~ - s:tra~a x _ +1`v.. .•.r.r+~ 1 ~IlL Vl 40 t1gH,t<a r4onl Ih VnII V4ilao INPIh to :F.. }nno rry~io lanJ Volw Yrol Land Yolu1 I.P. Vo17 lnnd 6lmp. :k fond Imt+no.0 rn.nu TolelVdw ~a•+=r. ~ss.•.>va •----a >3.+va~xa ~ -+3~.~ -s~~=Qcpaa~-v J 60 x - - - - - -1;1.9`1 1~iSZ.- . K ACRCAGC _ Ac. "p (t - _l So :~L>>. ~S___y__ f~~4_..►'n~ _ _ I- Aa NS _JAILN L 'bta. II-RCMARrSI Y•~ _ ~ o r _ _ LP.ro 14 6l-o lit jo~ i r a , . « O%w VA, 'h•~ F! rt -ow n w _y~' 1iM 1 • M IIM ,Ybl~,, i, tl ' Vii... ♦ 1880, ;AST SIDE: SQUARE, DENTON, TEXAS v 1 V V ~ 1 1 I ~1 I I ~a .JJJh i 1 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 A,&4l,)VAV/ OVP to td n 11o-vo ~ ~ Z . >~LIG Dourn a 1 rl ~i I /22/ rr rn I i 5 ~ (J ~ ~ r, 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. 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I Y. • x!1.11(;(,11.>rl rHncr ~+,frr c11. r;ilOUlvlslo11l o{KNTON SF'- ICJ Per' SI~R~: ~rf~~rl~l 91 Not X1. 1277, ,091 Nef Aves SAMUEL McCRACNEM SURVEY A tlIT Ci1'Y dNP Cd UNIY ~r htNTCN. rt YAS S~-7 '1 1 1 ' •.r ..._..1•ulyM 1 N11 ,r•NMI"..-1{~~ .I~ ;'j 6F 7, IYI MWAa f E~ r .l4F " dM • I 'a.. I IWNI IV i 1411 1 + . OP ~ S _ 1' ~114a - - n1 Illoi~. pd Cz ltd ' *4 011 A& 1 I fi wl~iSYit~iI Kill J11111 fiu}1 fr/~ . I. . NI1/ kMlal W 1 1 <1V1ff1MMI1 INYOII 6YI11, II1Il11gM !11<OMI III 6111 { N"Ilu`l{Irilull ;Ilk 111M/Nf SIC! IOI LL, fI[LO! • S$ Cl IIN6 11 O11. ' •a i.~1N~ S . ors i uN Nd . . ' 1=6 vKwnvnr NwA1Nke ~ JCSS~ t01 Y ' NILLHAVEN' ADDITION ' ~ ' NIUMgI II Mf •IMM/ y~ 1' t ~ v1..N.u 1,, l,r IN Iw ,.f Y.. 1 ! ' M1 N.N ll ~ MN IN/ M•.. 1 Y. 1 .Or~dittari'',a 82" 68• Jai~uary;l2,.'-i 19'2 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 ~ ~za Y~ a J x , gat 2a, Alle ,28 gf~ a r 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 I AeAA y {tL ~S rrt ',t ~ ~-1 ANPt C' i 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.... I ~ 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 i i i 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 I I 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