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HomeMy WebLinkAbout1987 clrror©BNroN,r©XA8 MUNICIPAL BUILDING DEN TON, TEXAS 76201 / TEL FPHONE (817) 566-8200 December 11, 1b87 Mr, Jan Carrington 211 Fort Worth Drive Demon, Texas 76205 Dear hIr, Carrington! I The City of Denton wishes to inform you of the anticipated construction of a new residential street on land located ad scent ' and south of your property at 330 Ponder Street, Construction of the new street should begin at some point within the next six months. All right-of way and cost of construction of the now street will be ' f' rovided by Grace 'Temple Baptist Church, The street itself will have 4U feet of right-of-way; the actual driving surface will be ! 24 feet wide. f Once the new street is built and accepted by the city for public use, the City of Denton will relinquish ownership of existing Gregg Street to Grace Temple Baptist Church for their private use, The City Council held a public hearing on June 16, 1987 and the Planning j and Zoning Commission held an open meeting on April 22, 1987 regard- ing Grace Temple's request for abandonment of existing Gregg Street The abandonment of Gregg street was approved only upon condition i that a new street be built by the church on church property for the convenience of the public. i have attached minutes of the City Council meeting for your review and, as stated previously, we are aavisin you of the status of t g this --matter because she City Council and administration are committed to keeping citixells and property owners as well informed as possible, Please feel free to contact me at 566.83SU if there are any questions. Sincerely, I ~ David Ellison Acting Director for Planning and Development ab Attachments cci tt;l o y d Harrell, City Manager i Debra Lrayovitch, City Attorney Orece 'temple Baptist Church I Growing 8 Grate Grace Temple Baptist' Church Ron renemende, DMIn, Pastor November 11, 1987 j Roger W. HOW Assocu" prior Ran"I eudtn M1nluer of 'Musk 10, David Ellison i tdrera Assistant to the City Manager 1 I Minster to singles 215 to McKinney Denton, TX 76201 Devkl Nelson Mlydster to college Dear David t 1 Rick wRRa I { Mlnater to Youth over the past few months several issues have been posed and ros. cl.wusa olutions offered concerning the properties and plans of Oraoa Tem- arector, NwJtool• Ple Baptist Church, 1 D+Yeue Mrdsty 1 Concerning the $120500,00 to be placed to escrow for the purpose of improving the drainage to accomodsts the parking lots that will r be paved at Grace Temple Baptist Church, a check has been issued and is attached to that this matter can be closed. After this to dons, we will proceed with bid taking for the paving of these i proposed properties so that we may he in compliance with the t directives of the Planning and Zoning Commisaion. This should satisfy this unfinished business. 1 The second matter conoorns Gregg Street, In a special business meetingtoAugeuswric h 73- e t T of on June 16, 1487, We agree to dedicate a portion of our nproper- ties at a northernmost point, to be mutually agreed upon, and that Grace Temple Baptist Church will provide a 40' right-of-way, to include a 241 street to be constructodl in exchange for the present j property known as Gregg Street. This will comply with the offer voted on by the City Council of Denton. i { Please accept this as our letter of intent to go forward with f the drafting of a mutually binding ordinance requiring abandon- Mont of Gregg Street to the church and construction and dedication of the new street to the city, We would request one other conetderstton, The street that is to be constructed will not be a geographical continuance of the present, 1 Gregg Street. It will actually be located several hundred feet l north of the present street, Since Gregg Street will have its i 1 106 Weer Oak Denton, Texas 76201 (817) 387.6137 1 1 "Mi A 2 terminal continual point at Fulton, and since Gregg Street was previously named Mounts Avenue, and since there will remain a Gregg Street to meet any requirements of honor or remembrance; since Gregg Street can logically end at Fulton and since no mailing addresses are affected by the closure of this one block, we ask that the street to be constructed through Grace Temple Baptist Church's property be named GRACE TEMPLE AVENUE. We are concerneu that Grace Temple Baptist Church be a contributing part of the enrichment of our community, Thank you for working with us, and we look forward to mutual assistance in the future, i 51i rely, t Pastorllemende i ! RF /cw i 1 I t F t~I 1 j i "oil M"I ClryOf DENrON, TEXAS MUNICIPAL 9U/LDING / DENTON, TEXAS 76201 / TELEPHONE e817) 660.8307 July 1 , : 987 01IIce of the City Meneper 7 r j Roger Holler ^ Grace Temple naptist Church Y Denton, Texas 76201 Dear Roger: This is a review of the meeting which we attended Monday, June 220 1987, at 9:00 a.m, concerning Greg Street, Others in attendance were DavidMartiIn, G egeEdwards, I Carol Williams, and Jerry Clark, City Engineer, 1, If the church accepts the alternative of replacing existing Greg Street ` 8 with a now City object if the new street is notrelocated lalong the northernmost boundary of church property? e ` Jerry and 1 Indicated that the precise location of the street is not critical so long as it rovides sufficient public access between Ponder and' Fulton and complies with applicable legal requirements and engineering specifications, 2. Grace Temple has recently replatted property it-owns to ensure that permits will be Issued once they are f ready to develop additional facilities and One of the platting requirements involved parking'' worth of participation toward relief of a downstream drainage problem that will Intensify when the church proceeds with additional development, How will construction of an alternate street effect already approved plans for drainage? r The City ling Ineer advised that the street should have no effect on approved plans for drainage, The church is still required to participate In relieving the problem. If the street is built, it should ba designed so that water is not diverted In a matter that will creite other drainage prohlems, , i E 1 _ I 00 July 1, 1987 Page two 3. Does nny legal consideration have to be given to property owners or residents whose houses wilt be. located within a few feet of the street? The church leaders raised this question because they do not own all of the properties in the vicinity. They would like to acquire at least two more tracts Immediately south of the apartments between Ponder and Fulton, but approval to do so has not been given and there is a concern that owners might try to take advantage of the situation In terms of price negotiations, If additional property is acquired, } fewer outside owners would be affected. If the street is constructed without addi f ~ tiona1 acquisi - tions, i t would be routed between twc. or three ? houses facing Ponder. The distance from the street to the houses could be anywhere from 10 to 30 feet, j St to plans are being prepared by the church's engineer and will hopefully be available by the and. of next week. Once site plans are available, the office of the j City Attorney will review them and provide pertinent j comments and direction. The intent is to make sure 1 proper procedures are followed and that the City and the church are protected should any outside owners allege that their property values and/or quality of f life has diminished as a result of construction of the new street. The proper legal proceedings with respect to public hearings, council action and similar matters will also be outlined, 4. If the church agrees to build the new street and f makes Plaps and expenditures based on an agreement reacheri with this city council, can it be guaranteed that no future council will overturn the decision? The City Attorney has tentatively stated that an agreement or contract can be structured in such a way that it protects all parties and will alleviate the church's concern, 5. Have the questions about the appraised value of existing Gregg Street been answered, and if so, is sere any change. i The City Engineer c~~r,{,,,, t rrd ki th the office of the City Attorney and ilw $32,000 vaItic, is considered adequate. It wag drtormined that the paved surface 11119 no value. I ~J , N • I 1 I .liiiy It 1987 i Palle three 6. What is the minimum amount of right-of-way and surfaco width contemplated for the alternate street? 8xisling Gregg Street has approximately 40 feet of j right-of-S'9y and 20 to 22 feet of width from I curb-to-curb, The City Engineer feels that 30 feet of right - of-way and a 24 foot street from curb- to-curb would be adequate so long as there are no utilities and no parking. The estimated cost of i a new 24 foot street is 624,000 r9suming no costs for right-of-way, j 7. Will the City permit "lay down" curb similar to that on existing Gregg Street? No, stand-up curb is required and the church should plan for curb cuts and a street which complies with current specifications in terms of location, subgrade materials and depth of asphalt. 8. What is the minimum setback between the apartments and other residences and the possible location of the new street? This question will he addressed when site plans are made available, It may not be an issue. If you have any further comments or questions know, please let me i Sincerely, - JI~ I i ...--l? a v i d Ellison Assistant to the City Manager SS26M s 1 ;i i i • Street • rmm/iA Soto would eauee'm POCPW re a col'Mcil. ' . Who a" of me audleoa than a oavtoe, ' Who %W14 d tl+e ~reb's re• M a eubslaatlel atunber of eitlsene ~ aekad to ap coon" Foie„ " Street for roves „ *dw Pa#A Mayer Pro Tom Waale resides at 307 Pc ider M the rol without polaylo lso street eeuNail that tt» porttoa of a"" atterrattw strok y sot to the &Gda4 gdelek*M &al "t ~k~i~ 'e bat interest, M* said • "way b Set b Welch AM Mahory Poost Stn &OP X10 $M she eats olo the portion or block would Abe 1 the N&W (w the IM street would addtUo+W she said "it's r SOW thw forUw aro fs=e %Iee Mftft " swpea~idns~ln~pp~lion miuMove bt ld alttroad rwid" DIM Rkke sad Mike the People If DOW • AocJnL Cochran uW "Wg the are~lt3treet•" r t titM10N may be built • pear North L= Park/4A ter flea reeler oiaerwruor loeaba 0 OOW WU membsw Tuesday >approvad a request ! br a local =QUO a ovum ' off area 80*9 with the eow 1900er. that frocns P w wrtoto Puitoa,SOWS, 'tbe mod, aft a lwstby db ectt SUU OWNS MW dooumealr for tM olaIS MW bests wsotiattow with J. Mile ft o area TWO$ Baptist chur* 4" W, OAL dmembers l eioasaldwlt oow city ON aaotbar e~reet at the northern sod of eburcb ~roperty was sot as ec "h4 aaltemtive, Tbs noel of oaeb~r a ww $treet was attmatad at bstwsu W M and 000, oily oftbtala satd quest Wh«three main "OONb'' in wooiab4putoorr towtheecoi , "CUM of s Grre~~SSMSPoPower LI/ r i mob am M F URN Mould am q, toab~w~help the UO°~ W Ity "ho o We whole am. w Raw said so wow of the I wh~lob Wwiacthe "OVAI tts 0"%b pro~"I le I "W by ohumh44t6d No. i 1W U "M tM street to ! the North wguld mean the disptacemsnt d about 70 parking spaces. • Alto speak4 IN favor of Uw ! request wsr~, chureb rsprs• ti i Mauves Dive Morton and Jaek S" S't'REIDT/4A 1 I i' Wry ofDENrGN, rex s MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 6668307 011108 of foe city Manager 7 M E M O R A N D U M i f I DATE: June 24, 1987 T0. Lloyd V, Harrell, City Manager i FROM: David Ellison, Assistant to the City Manager j SUBJECT: Update on Gregg Street ; j Jerry Clark, City Engineer, and 1 met with David Martin, Roger Hollar, Greg Edwards and Carol Williams of Grace Temple Baptist Church at 9:00 a.m, on Monday, June 22, 1987, The purpose of this meeting was to identify and answer as man questions possible related to quitclaim of Greg g Street and constructias of an alternate street. The following covers everything of significance discussed during the meeting, i i 1, if the church accepts the alternative of replacing f existing Gregg Street with a now street, will the City object if the new street is . n od I th of e northernmost locat bo alone I undary of church property? g Jerry and i indicated that the precise location of the street is not critfcp..l so long as it provides F sufficient public access between Fonder and Fulton and complies with applicable legal requirements and I engineering specifications, 2• Grace Temple has recently replotted property it owns to ensure that reedy to developermits additional facilitieseand they are f One of the platting requirements involved p$12,000 worth of participation toward relief of a downstream drainage problem that will intensify when the church proceeds with additional development, How will construction of an alternate street affect already approved plans for drainage? I Gregg Street Update June 24, 1987 Page two The City hnginee r advised that the street should i have no effect on approved plans for drainage, The church is still required to participate in relieving the problem, If the street is built, it should be designed so that water is not diverted in a matter that will create other drainage problems, 3. Does any legal consideration have to be given to property owners or residents whose houses will be located within a few feet of the street? I The church leaders raised this question because they do not own all of the properties in the vicinity, f They would like to acquire at least two more tracts a immediately south of the apartments between ponder € and Fulton, but approval to do so has not been given ; and there is a concern that owners might try to take advantage of the situation in terms of price negotiations. If additional property is acquired, 1 fewer outside owners would be affected. If the I street is constructed without additional acquisi- tions, it would be routed between two or three houses facing ponder, 'the distance from the street i { to the houses could be anywhere from 10 to 30 feet. Site plans are being prepared by the church's engineer and will hopefully be available by the end of next week. Once site plans are available, tho office of the fl City Attorney will review them and provide pertinent comments and direction. The intent is to make sure proper procedures are followed and that the City and the church are protected should any outside owners E allege that their property values and/or duality of life has diminished as a result of construction of the new street. The proper legal proceedings with respect to public hearings, council action and similar matters will also be outlined, j i 4, If the church agrees to build the now street and ! makes plans and expenditures based on an agreement reached with this city council, can it be guaranteed E that no future council will overturn the decision? I The City Attorney has tentatively stated that an a reament or contact can be structured in such a way that it protects all parties and will alleviate the church's concern. i i ~ i Gregg Street Update June 24, 1987 Page three 5. !lave the questions about the appraised value existing Gregg Street been answered, and if so, is there any change? The City Engineer conferred with the office of the City Attorney and the $32,000 valur; is considered adequate. It was determined that the phved surfare has no value. E 6, What is the minimum amount of right-of-way and surface width contemplated for the alternate street.? Existing Gregg Street has approximately 40 feet of right-of-way and 20 to 22 feet of width from curb-te-curb, The City Engineer feels that 30 feet of right-of-way and a 24 foot street from { curb-to-curb would be adequate so long as there are no utilities and no parking. The estimated cost of a now 24 foot street is $24,000 assuming no costs for right-of-way, 3 7. Will the City permit "lay down" curb similar to that on existing Gregg Street? No, stand-up curb is required and *he church should plan for curb cuts and a street which complies with t current specifications in terms of location, subgrade materials and depth of asphalt. 8. What is the minimum setback between the apartment;; t` { and other residences and the possible location of the new street? This question will be addressed when site plans are madq available. It may not be an issue. n, ; a v sty n i ksistant to the City Manager I cc: Jerry Clark ~ Debra Drayovitch I 3b25M , ; i Mal CITY of DUNTON, TEXAS MUNICIPAL AUILDINO / DENTON, TEXAS 76201 / T907-PHONE (817) 868.8307 O1Bue of the City Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager PROM: Mayor and Members of the City Council DATE: June 19, 1987 1 SUBJECT: Telephone conversation of 6-18-87 between Roger Hollar and David Ellison regarding Gregg Street Rogor Hollar of Grace Temple Baptist Church contacted David by telephone Thursday afternoon, wanting to discuss "what Council's motion Tuesday night really means". It seemed his particular concerns dealt primarily with the issue of timing or when the City expected to see the alternate road built, Roger reportod Lhat the Church leadership clearly understood the City Council to say that there was no objection to abandoning and quitclaiming existing GropS Street, so long as a sufficient alternate point of public access was In place prior to final approval of appropriate legal Instruments, David and Roger agreed to meet at the site with engineers on Monday, June 22 at x):00 A,M, Their plan Is to look over the land and clear up any i questions teat can be answered at this time, They will also 1 list any additional, questions that can't be answered on the I spot or must be answered only after consulting others. The Church is still thinking about specific plans for parking and new buildings, and when David asked what they saw as their next step, Roger's response was to hold business meetings and probably proceed with providing as much parking as possible, as soon as possible, Use of Gregg Street did not appear to be an immediate concern. Roger also mentioned something about the need to payoff mortgages on some of the houses owned b,• the Church before their complete plan can be implemented (parking and use of Gregg Street), David asked if they were talking about S years or something shorter or longer. Roger indicated that they were probably talking about a period of 2.3 years at the most, Roger also emphasized that the Church needed the I required parking even if the Board of Adjustment variance was not an issue, He did not sound too interested in the concept of additional Board of Adjustment relief, Yt '0 1{ I I' 1 i 1 I M"i ~Inml Gregg Street Memo June 19, 1987 Page 2 David sensed that it was technically feasible to satisfy parking requirements and build an alternate street, Roger asked If there would be any objection to possibly building the street more towards the middle of the block if the Church acquired property south of the apartments facing Ponder. David said he didn't think so, and the main point was to have an alternate route between Ponder and Fulton as he read the Council, Finally, David and Roger Hollar agreed to be the contacts for the City and Church, and pledged to do all they could to make f this deal work from every possible perspective, They both understood that any final solution must satisfy the City Council, Church congregation and legal requirements, f t oy Harrell city Manager 3 51 *1 f rl i I~ ~ f ,4 . 'mot r 7 TOt DAVID ELLISON ~ FROHt GRACE TEMPLE BAPTIST CHURCH DATEt JUNE 91 1987 SUBJECTt MOVING GREGG FT- TO THE NORTHERN BOUNDARY OF GTBC PROPERTY 1. Those going north from Welch 8to to University would not be impeded by using Congress to progress north on Fulton. This would eliminate excess traffic on a very small street (Gregg St,) which is used daily by many child and adult pedestrians. (Reft attachment "A") 2t Moving Gregg St. 363 feet to the north and of OTSC property (Ref, attach- sent "A") maintains a convenience for relatively few people at a cost of 8240000 to 0280000 (Raft city engineering report attachments "B" b "C"), r' This report reflects 50% of the traffic on Gregg to be church-related, A j GTBC count further collaborates the fact that approximately 302 of the traf- fio using Gregg turns in to use its perking lots, These would be North 3 Texas students and/or teachers who park and walk to class, Therefore 7 the vast majority of the people using Gregg St# are either church-related or students and teachers who use the church parking lots by permission. This leaves a rather small group of people who access the street as a matter of right of way. The cost to move Uregg SC, 363 feet does not seem justifiable in terms of the benefit derived by so few. I Moving Oregg Btt to the north end of OTBC existing property will { mean the displacement of approximately 70 parking spaces# GTBC is currently under a directive by the City to provide 100 parking speoee,(Ref, letter k from city, attachment "P") Thte is in proportion to a 900 east auditerius. 1 OTBC is 167 perking spaces short at this times With the existing properties, { GTBC tan just barely provide the 300 spaces required, Reducing this by 70 means we would have only 230 spaces and would continue to bs out of I complianoet } 4, GTBC has spent some 0400,000 over the last three years, and will spend t y another estimated 073,000 in the next year trying to comply and cooperate r with the City in this effort to provide adequate parking. # Therefore, it seems inconceivable that moving Gregg St, to the north of our existing property would be acceptable to either Orace Temple naptist Church or to the City of Denton, I ~ Respectfully submitted, Once Temple Baptist Church E € f ~ I h r~ 1- e n p C n , tl __e0 1 sano" I yem p n x tl e P AA- I ~ tl Y 1 + ~ Y c + Qt y ~ d + p n ~ '-y ti ~ T I' Y ty M !Q p ~ N 1~ p C N ~ Y p~ t ~ yl Y tir e - ' Y d t M ~ e « pt p 1 - P4 l .0 JIM m IN .91 X in tl A I M M to l e p E Q p it IN ~wp I W ~ s q m A p ffi p x p d p is ti A- AL i I M u-1 rr ~ Y r r~ r r MY1. -.1. I I Al" ?I I 'to J" I" 'NMI RE • / r ~ Ili Y y 4h r , r k II ~ INN • ~r r r r r, r r r r~ wr ii N / N p L ~ +r NMI, «Y rr Yr ~YY~ ~a f n T i ♦Q . 006-M IN - - "ON-to "T 1 4 1111 ~ P~ ,Tf P~Ii up All 7 YV 1A rA i : "`:1.::111 f A S - MAIM. 1 I • r ~ r wr ,nr yr r wwv . I i..r r r. 111 ( a~r ' N y N vt• r I ~ i • ,S~ii ~r jf SI r, W i a io ~ ~ 1Y 1 W ~~Fn . , . 1 y Itl # EJ r { Q wr rr rr r r r r yr w- yr yr yr ~ u" rr+v ~r~ rwvr' rr.~ .r.~ K All r is Y 6 ~ I f E1 fi / 0 A X M AI 1 !fI " W M u ~ u I Y a rr.r.I~rY.11 rrw,r ' 7 ~ ,r~r. rrr rr.~vr wrrr~ ' I N y X ~ ~ w ~ 4 1 W 6 N Y ` ^ ~ W Y ~ a W I W ~ --ar _ ~ „ f r._. t p 0 46 q t s • 1 ~ M a " -a•~ ~ r a y Y o u 666 a u A l0 MAI MOUNYS _ Y : a- 10-4 ~1 I - .11 IF UItU WNUTfiS wr Kevieu of I~_.._ I1I Y= -=~r_V_r~y_YriY~_ BNGIN$dRiNUe lV~ A. Requirements: (Tneae items are required by law, ordinance, code, approved proccdure or recorded policy) . V 4 i 1 ~ 1 i ~ I r r ' I • Y ~ ~ M ! wr.wrr„w.. 4 r.'.4w~wr"""rrrr.r......Y••...•.w.~....i.~••wYrr..y i `~'~+YrrrrrrrMrrYYww.'r'~YYwrr_r.rY.,ry_...ti Yr..~., _w..w Y,.~y.rY Y.Y w► ...rYr~~'~•`~r..r Y..•r w•MV _ ii r•wrrVM.ay Y_Yrrr.YM.pr.~.wip,rr YYI Yr_W r•N./_..YWy.w~ 1 B Recommendatlonsi (Not legally requi red, bur recommended item IIf that could improve project design), j .w1r. w.'YY..4Y W\r,•.~Yr~r _ 1 I] r•YrrY rrwwrr rr.,r ...~Ywr Y..rr•w... ]{{I ` --~y+rY►_r +r...YrYr rr~rrrrr.--.__. } , f rwrrw_w rte. r.rrwrwr+r. r.r~ 1 ~ - h w.r.Y.w..Y_r+.rYwrwrr.rrrYr..,_r~w •r.r~ ~ Yr Yr.•YY w..r~yr rrWr w_r +wrr w Yr.. Y~..Y~.y.~_l„f - `I 18 H --,L`TY s CITY of DENTON / 2fd r:. MoKinney / Denton, tuxes 7d2of we« MEMORANDUM 1 , i ' s DATEt April 6, 1987 , ? TO: PLANNING AND ZONING COMMISSION FROM: Jerry Clark, City Engineer I i SUBJBCTi Abandonment of Gregg Street Right-of-fray The Engineering and Traffic Divisions have researched the possible abandonment of Gregg street right-of-way between Ponder and Fulton. Traffic counts of the vehicles using c,reyr t street were taken on !'arch 23 ana 24, 14 . Traffic patterns in Elie area i,ere obser~ •,i to make sure we could relate the traffic counts to real tr,,:ric movements, 'I he traffic counts immediately show that about 300 people are taken off Greg,q street into the church lurking lot to the north and probably exit on Fulton street, that novement amounts to ~~gg~~ of the total traffic on Gregg, n certain percentage probably also to in and out driveways on Gregg so are reflected as straight through movements. 'f An important issue with relation to this abandonment is the pass through traffic using Gregg street to get to Oak and then to Welch street, This some movement would be available if Gregg street were closed, That route would simply be to take Congress directly to Fulton and down to Oak to Welch. 'there are several reasons that explain why that route is preferable# and Fulton are both collector First, Congress size now, Ca ital improvement funds roills, be Relocated of ~ s w alglocated to roads to bu ld them to proper collector sized streets, f Second, their collector status will insure their pavement surfaces are maintained and rebuilt on a more regular cycle than residential streets. Third, Ponder is a residentially classified street that already has a significant load on it from hospital traffic and also from residents of the many apartment complexes in the area page 2 of 2 pages In summary it seems that no major traffic patterns are being disrupted by closing-the street. The majority of the traffic on the street is from the church. Those using Gregg to get to Fulton to Oak can easily turn at Congress one block to the north. The extended length of the 'u ock can be solved by requiring a fire lane either through Gregg street or a parking ' lot to the north. The church has presented their statement of need in a letter. Hopefully, your evaluation of that letter and this memo will aid your final decision on abandonment. f a ry rk ty neer cc: Rick $vehla Bob Nelson j j Bob Hagman 04S3S I ~ i c 4 I s 4 • ' ZLL C17'Yof ABNT'ON, rEX48 MU91CIPAL BUILDING i DENTON, TEXAS 76201 TELEPHONE (817)566.8200 July 16► 1980 1 Mr. Gerald Stone Poo, Box 1986 j Denton, Texas 76201 Res 8A•1212 Dear Mr, Stones \ a' This Is to inform you that your, request for a variance of 188 parking sgoesth was approved by the Board of Ad ustment at their meeting of Juiy 14 1980 ii the condition that the church will provide 2/3 of the requir4d parking wit91A three (3) years, and all Of the required parking within six l6) years. Should you have any questions ioegarding this decision, please feel free to contact me at this office, Sincerely, Charles So Watkins Development Review Planner tw1sw DEPARTMENT OF COMMUNITY DEVELOPMENT REQUEST OF GRACE TEMPLE BAPTIST CHURCH FOR QUITCLAIM AND ABANDONMENT OF GREGG STREET PHYSICAL CONSIDERATIONS Grace Temple Baptist Church owns property between and along W. Oak, Ponder and Fulton Streets. A portion of Gregg Street bisects the church's property for a distance of approximately 365 feet between Ponder and Fulton. The church has acquired approximately 1/3 of the tracts north of Gregg Street between Ponder and Fulton to accommodate future facilities and current requirements for parking. Two more tracts may be acquired if i negotiations work out well. Gregg Street is a standard residential street with 50 feet of f right of way and 20 to 22 feet of improved surface (two lanes). The street runs from Ponder to Mounts which is a distance of approximately three blocks. The distance between W, Oak and Congress Street is approximately 1200 feet. The t distance between Gregg Street and Congress (the next through street north of Gregg) is approximately 1000 to 1100 feet, A typical city block is 400 to SOO feet long, The subdivision j and land development regulations permit blocks up to 1000 feet long, I ~ BACKGROUND AND HISTORY The last significant building program undertaken by Grace Temple was construction of a new sanctuary over an existing parking lo,' at the corner of oak and Fulton in 1981, A total of 168 parking spaces was required in connection with tho new sanctuary, The church requested a variance of these spaces in June, 1880, The Board of Adjustment tabled the request on j June 9 and approved the variance on July 14, 1980, with the f condition that the church provide 2/3 of the required parking ' within three years and all of the parking within six years, The church has not provided the required parking to date but it has replotted recently and has actively pursued funding and property in order to come into compliance. The church also understands that it cannot receive permits for additional f buildings until it satisfies both old and new requirements for j parking spaces. II Gregg Street Quitclaim and Abandonment Page two TECHNICAL INFORMATION The engineering and traffic divisions analyzed the request and presented its findings to the Planning and Zoning Commission and Citizens Traffic Safety Support Commission. Traffic counts of vehicles using Gregg Street were taken on March 23 and 24, 1987, Traffic and circulation patterns were also observed, During the 8;00 to 9.-00 a.m, period, 90 cars entered Gregg from Ponder. Of the 90 cars, 48 parked at Grace Temple or dropped off children for day care, From 4,00 to 5;00 p.m., 47 of 89 vehicles using Gregg Street were church related, Engineering roports indicate that in a 24 hour period, approximately 28% of the traffic was attributable to people using the church parking lot north of Gregg Street and probably exiting on Fulton. The engineering division also feels that a percentage of traffic can bn attributed to residents pulling in driveways, yet are being counted as straight through movements. The engineering and traffic analysis concludes that Gregg is a non-essontial street primarily used as a shortcut to get to Fulton Street from Welch, The Planning and Zoning Commissioners opposed to closing the street cited the need for as much circulation as possible in this area, They concerned about precedece and neighborhood Impact, e factors that cannot be expressed quantitatively. DEVELOPMB NT REVIEW COMMITTEE ACTION The church first approached the Development Review Committee on May 22, 1984, At that time, little was known about plans for the use of Gregg but the church indicated that it probably would Like to build over the street one day. The Development Review Committee did not react favorably at that time because of the high degree of uncertainty. The church decided that it would firm up its plans and come back at a later date. The church came back to the Development Review Committee on October 9, 1984, but the information and results were no more conclusive than those on May 22, On February 27, 1987, the Development Review Committee considered the matter again. The church had acquired more property by this time and its immediate and long range plans f were more concrete, The church's immediati desire was to muve forward with the development possible of an educational building and of placement temporary buildings for use as classrooms, It was at this point that staff reminded the church of its obligation to provide the 188 parking spaces deferred in 1980. The church representatives acknowledged their responsibility to provide the parking baf,ore seeking approval of new construction, r i ~X Gregg Street Quitclaim and Abandonment Page three DEVELOPMENT REVIEW COMMITTEE ACTION (continued) The Development Review Committee considered this item for the final time on March 5, 1987. The engineering and transportation operation led the majority of the committee in stating that there was no objection to abandonment if the church agreed to relocate utilities at its expense. The planning staff raised questions about neighborhood impact and asked if the church would consider adding a residential street at the northern boundary of its property. The response was that construction of a new street was probably cost prohibitive. j The Development Review Committee does not officially recommend ` quitclaim or disposition of public property as a body unless there is unanimous agreement that there is no existing or future public need, The request was forwarded to the Planning i and Toning Commission with a recommendation of denial, j BOARD AND COMMISSION ACTION The Planning and Zoning Commission was scheduled to consider this item at its meeting of April 8, 1987. The Commission forwarded the request to the Citizen's Traffic Safety Support ? Commission for a recommendation before taking action, The Citizen Traffic Safety Support Commission considered the request on April 13, 1987, and recommenderapproval by a vote ' of 4 to 1. A representative of the church -poke In favor. No { one spoke in opposition, 3 The Planning and Zoning Commission reconsidered the request on April 22, 1987, and recommended denial by a vote of 4-3. Staff presented its analysis and two people spoke in favor of the request. One person spoke in opposition, Owners of property immediately abutting a street proposed for abandonment are notified by direct mailing. Grace Temple Baptist Church owns all the property abutting that portion of the street in question. Therefore, no one else was notified. ALTERNATIVE STREET AND COST As mentioned earlier, the concept of building a new street f farther north on church property was discussed. The latest discussion took place on Juno 8, 1987, and the church simply does not feel that this is a workable solution. Their reasoning is partially based art financial considerations, but they also pointed out that the land area that would be used for a through street would take away from area that is needed for parking spaces, i i i P is.. I Gregg Street Quitclaim and Abandonment Page four ALTERNATIVE STREET AND COST (continued) Standard residential streets have 50 feet of right-of-way and 31 to 34 feet of pavement width, curb and gutter, 'fhe City Engineer feels that a street with 24 feet of width and no parking would be satisfactory if the church chose to pursue this alternative The City Engineer also indicated that it is technically possible" ossible to construct an adequate street with loss than 50 feet of right-of-way, The City would have to be r compensated if Gregg Street right-of-way is deeded back to the church, The City right-of-way agent has appraised the value of this 14,000 square foot section of Gregg Street at $325000, Assuming a trade of right-of-way and expenses associated with construction only, cost of a 24 foot street is estimated at f $24,000. A 31 foot street would cost approximately $26,000, Gregg street is in fairly good condition and would not be ' scheduled for any maintenance work for 3 to 5 if the Cit years, However, R: y participated in construction of a new street at a level approximating maintenance be reduced by approximate) costs, the church's share would ~ y $1,500 to $2,000, h ' a 1 3504M f S. 1 CITY ofVHNr0N, rffxas MUNICIPAL SUILOINC ! DENTON, TEXAS 76201 / rELEPHONE (817) 566.8200 t r k i July 16, 1980 j . Mr, Gerald Stone j PA Box 1988 Denton, Texas 76201 Res BA-1212 Dear Mr. Stones This is to inform you that your request for a variance of 188 parking-spaces was approved by the Board of Adjustment at their meeting of July 14 1980 with the condition that the church will provide 2/3 of the required parking within three (3) years, and all of the required parking within six (6) years, Should ou have any questions re ardi y thi n decision, please feel free to contact me at this office, 9 g this f~ Sincerely, Charles S. Watkins Development Review Planner CW;sw I 1 V1 b` i i i DEPARTMENT OF COMMUNITY DEVELOPMENT 6~ , W"i P & Z Minutes Apr I1 e, 1987 Page 5 R'BU'PTA s Mr. Edwards stated that tnore is four feet be- tween roof lines and the roofs do not overhang property line, Chair declared the public hearing Closed, DR TONi Mr. Recue stated that this is a definite im- provem nt over the other plan and moved to recommend ap- provai of z-1844, Seconded by Mr. Glasscock and motion unanimously carr!ed (7-0), IV, QONSIDRRATION8 PLA R AUUIT[ON, P RLT I RY P T H COUNTRY CL YS A. o a , oC i T F s Me. Spivey stated that this is a 6.5 acre t ap oPO( o~d on the south side of Hobson Lane approximate- ly Soo feet east of FM 1830 (Country Club Road)) property is zoned planned development (PD) and zero lot kills Bevel- opment is anticipated. She added that the uevelopment Review Committee recommends approval, P8' HF , Ore, Rdwards, Metropplex Engineering Corpora- on, a' ed that he was available for questions. Ni Mr. Holt moved to recommend approval of the DR LOUR ry Club Plnco Addition, Lots 1-36, Block A. Seconded y~b--y6M7Ma, Cole and motion unanimously carried (7-U), B, Request of ataCQ Baptist between Ponder and Fulton streets. TAFF PURT% Mr, Clark stated that the Citizens Trattle a oty omm esion (CTSC) has oecome more involved and wants to yet involved in this request, He said that this Item should have originally started at CTSC and felt that if it did not inconvenience the church and Planning and Zoning Commission that this item cou,d go on the next meeting of the CTSC, He added that engineering had no problem with this request. Roger Hollar, pastor of Orace Temple Baptist Church, ` stated that he is in agreement with the Staff on the procedure, `s tie, Brock stated that She used Oregg Street freyuentiy, RC a Ner arleoommsndationtoftthe8CitlSenn1'raffiolSafety i Committee of April 13, 1987, Seconded by M1. Olaescock and motion unanimously carried (7-U), C, APOPTIO OF 1HF~RIUM POLICY for Northwest Denton conoernng A ten PO Ti Me, Carson Stated that at a study seesion two 4400 a ago the Commission discussed this item, The Land Use Planning Committee has reviewed the location of the high intensity area which is now known as the north urban center, She said that the boundaries are described s in the back-up that wad provided fox the commission. she said that tha justifloation for this falls under item number two that etateel Development incentives Shell be given to establishment that generates employments theta- t fo1e, these establishments are encouraged to locate in any of intensity area, Urban Centerr,Special Aotivity Ce'ater, may waive intensity Areas application nOf it "ThL _wai tivaaamayAlnCluael Centers City a f: ~p MINUTHS Citizens Traffic Safety Support Commission April la, 1987 PRESENTI Doris Chipman, Mike Amador, Vivian Edwards, Bruce Chamberlain, Gene Gohlke, Virginia Gallian and Bruce Chamberlain, Chairman r/ ABSENT: Wayne Autrey and John Tompkins STAFF: Paul Iwuchukwu, Traffic Engineer Associate Joe Thompson, Traffic Foreman Clovis George, Officer/police Department E ITEM _kl APPROVAL OF MARCH 2, 19871 The meeting was called to order at 5130 p.m. on Monday, April 13, 1987. Bruce Chamberlain made a motion to approve the minutes as written. Doris Chipman seconded the motion. Motion passed unanimously. items y2 and 03 were reversed to accommodate the scheduling of petitioners. j ITEM b3 GREGG STREET R1UHT-OF-WAY ABANDONMENT: i Paul Iwuchukwu said a request had been made to the City of Dentor for an abandonment of a right-of-way easement on Gregg street between Ponder and Fulton streets from Grace Temple Baptist Church. Paul presented a viewgrapn indicating location of the right-of-way abandonment, lie said one reason for the request, was that the church owned property on both sides of Gregg street, There is a day care facility on the south side, Children cros0 the street frequently to the north facility. Paul said the City staff analyzed traffic flow in E this area. Most of the traffic is generated by Grace 'temple Baptist Church, If the City abandoned the right-of-way, it Would impose no unusual difficulties I on day to day traffic maneuvers. Paul said the staff would like for the commission to consider movements around Gregg street from Welch Fulton or coming down Ponder, from the hospital, from Congress, Paul indicated on the Viewgraph alternate routes motorists could take if that section of Gregg street were closed. He added that these alternate E Mal i; ' •!.~?age 2 of 2 pages -7) routes would also ease the overload currently j experienced by Honaer, Ponder is olaasifiea as a residential street. Fulton and Congress streets have 3 priority over Gregg street, Most of the future t street expansions in this area would center arouna Fulton street, Roger Hollar, associate pastor for Grace Temple I Baptist Church, came forward to answer any questions concerning the request. He indicates, on the viewgraph, future building plans for the church incorporating the abandoned easement. Gene Gohlk9 asked if the street were closed would it remain a City street and who would maintain it, Mr. Hollar said there would be a fire lane there and it would be maintained by the church. i Gilbert Berstein asked how the street would be closed, Mr. Hollar said the City would have to ismue a quitclaim dead and the property would revert to the church, Then they will close the street according to ' City regulations, i Gene Gohlke asked who Would pay for barricades? Mr. Hollar said the City had told them anything donfo there would be at the church's expense, STAFF RECOMMENDED Approval COMMISSIONERS1 Vivian Edwards abstained from voting due to conflict of interest. A motion was made by Gene Gohlke to abandun the easdment, Mike Amador seconded the motion, Doris Chipman, Gene Gohlko, Mike j Amador and Bruce Chamberlain voted yes, Virginia Gallian voted no. Motion passed. i M Minutes Planning and Zoning Commission April 22, 1987 The regular meeting of the Planning slid Zoning Commission of the City of Denton, Texas was held on A ril 22 1987, at 9,00 P.M., In tho council chamber of the Municipal Building. Present; Euline Brock, Bill Claiborne Ruby Cole, R, 8, bscue, Jr., Ivan Glasscock, Judd Holt anA William Kamman 'Absent; None Staff Present; David Blllson, Senior Planner; Denise Spiveyy, Urban Planner; Cecile Carson, Urban Planners Lllraboth flans, Community Development Managed Lloyd Harrell, City Manager; John McGrane, Executive Director for Pinance; Joe Morris, Assistant City Attorney; David Ham, Director of Water/IPW ! I Utilities; Jerry Clark, City Engineer; Paul Iwyyuchukwu, Administrator; DavidaSalmon, CivilaBngineer;nChrlsnSmith, AssiatanttiandASusanaMitchell,;Secretary Admfnstratlve I Chairman Bill Claiborne called the meeting to order, I, MINUTES A. It was moved by Mr, Glassco k, seconded by Ms, Stock and ' motion unanimously carried 77.0) to approve the minutes of the Joint meeting of the Public Utilities Board and the Planning and Zoning Commission of April 1, 1987, B. It was moved by Ms, Cole seconded by Ms, $rock and motion unanimously carried (1.01 to approve the minutes of the regular meeting of the Planning and Zoning Commission of April 8, 1987, 11. CONSE T GEN Ai It was moved by Mr. Escue, seconded by s, o e any; motion unanimously carried (7.0) to approve the consent agenda as foilowsi A Addltial ofoprelimina yAand final plats of the Avant B, Approval of final pplat of the Grace Temple Baptist Church Addition, Lot 1, Block 1, 3 111. CONSIUBRAT[ONS ' A, 7, Request of Grace Temple Baptist Church for abandon- men and quitclaim of that portion of Gregg Street located between Ponder and Fulton Streets, Mr. Bscue made the motion to remove Q•67 from the fare. Seconded by Ms. Brock and motion unanimously carried (7.0), ,9 B i Mr. Clark stated that the Grace Temple ea" iu ch has plans to expand and they are Interested in obtaining Gregg Street in order to build across the street. He said that the engineering staff has analyzed the traffic counts and 901 of the traffic is church use, He said that armestcest .+'beini used as a ah pcut to get to Pulton St t tom kF this same movement would be ~4ailable if Gregg Street were cl. hisas He veld that the ranch Sreet, He add ea that t to Would be simply to take Ponder to Con rays directly to Pulton, He said that the Citiaens Traffic Safety Commission recommended approval, He said that the Utility Department has a Sewer line and it would become private because it is for the church use, Th Blectric D part ant has lectrl line In thhe treat ana to requesting t~iat they ge move at tie church40 i a.: I 12.71 ADMINISTRATION 12-71 (c) Caee8 of disputed value, If the appraisal performed or ob• tained by the city Is disputed by the applicant, the applicant shall obtain a second Independent appraisal at applicant's expense, If the city manager determines that there Is it substantial differ. once between the two (2) appraisals, an Independent appraiser shall be retained to perform a review appraisal, the cost of which shall be paid by the applicant. The city manager shall then make I a final determination of market value based upon the appraisals and the review appraisal, (d) Planning and zoning commiesion'8 recommendation. When a proper application has been made, and the market value of the M area to be abandoned determined, the request for abandonment j shall be submitted to the planning and zoning commission for its It recommendation to the city council, I (e) City council action, Based upon the recommendation of the city manager and the planning and zoning commission, the city y council shall consider the request for abandonment. Before the j city council officially seta to abandon all or part of a public i right-of-way, the applicant shall pay the determined fair market I i value of the property to be abandoned to the city, (Ord, No, , asj 8~•2g4, ! 1, 12.17.86) •C Ell I I 1 1 1 f I aUpp, No. 60 IThe next pago la I8JI 1.81 1 10 i • • Y ~ I Mv1 id pr 4. 1 12.10 DENTON CODE 62-71 the property in accordance with Section 2, Article 6421c-12, Texas Revised Civil StLtutes, as amended. (d) Type of conveyance. The city attorney shall determine the type of conveyance or other instrument to be executed by the city prior to the Initiation of formal bid procedures, and the Informa• Lion shall be included in the notice. (a) Recommendation and action. After receipt and tabulation of bids or after reaching agreement for a negotiated sale, the city manager shall make a recommendation to the city council, The s city council may reject the sale or award the sale by resolution or 4 } ordinance. Upon approval, the city attorney shall prepare and ' the city manager shall execute the appropriate instrument of conveyance. (Ord, No. 88.284, § 1, 12.17.86) i i 9eo, 2•71, Requests for abandonment of public easements ~ I 1 or rlghtsot•way. (a) Application by property owner, A property owner whose property abuts or adjoins a public easement or right-of way may apply for abandonment In whole, or In part, of the abutting right-of-way, An application must be accompanied by: ! (1) A nonrefundable application fee of one hundred dollars l 1100,00); r (2) The written concurrence of all persons who own property contiguous to the area proposed to be abandoned; and (3) Copies of recorded deeds showing current ownership of all property contiguous to the area proposed to be abandoned. (b) Appraisal of value. The city staff shall make an appraisal or obtain an Independent appraisal of the property to determine the market value of the area proposed to be abandoned. If the city chooses to obtain an independent appraisal, the applicant shall deposit with the city an amount of money suMclent to pay the cost of the appraisal. The date for establishing the market value F shall be the date, as determined by the city manager, or his i designee, that the applicant meats all the requirements for appy cations for abandonments. 8upp, 110. 50 180 i I I .7 1 i l • 1 r ~ s T K, k. CITY of OENTON / 218 E MoKlnney / Denton, rexes 76201 MEMORANDUM DATE: May 29, 1987 `E TO: Cecile Carson, Urban Planner FROM: Roger N. Wilkinson, Right-o£-Way Agent E SUBJECrt Gregg Street Abandonment (Grace Temple Baptist Church) { From the market data provided by Grace Temple Baptist Church for the tracts of land adjacent to Gregg street, the land with improvements range from a low $2.08 per square foot to a high $11.52 per square foot. In addition, there was a tract purchased that did not have improvements which sold for $2.27 E per square foot, There is approximately 14,000 square feet in that portion of Gregg street proposed to be abandoned, B sing the amount $2.27 per square foot of the tract tha tu did not have improvements on lt, an estimated value for that portion of Gregg street would be $32,000 (round from $31,780), This estimate of value is consistent with our methods on other tracts that were not contested (or desired) by other parties. I L ~rJ`v Mf~i 0 , ..0, 0464E