HomeMy WebLinkAbout01-02-1996
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(2)- 61. DEDICATION ALONG HIGHLANO MCI' 'SEPERATE DOCUMENT
TO BRING ONE-HALF OF THE RI0HT-OFd6WAY TO 25 FEETI
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' Na part of thl3 tract oppnars to be within I tit '4 V J
an area deelgnatod ab a flood hazard area Irij+' 80l
i Ir I li} IIII IkI,IIr.I,1, ~6t' uccordln to the National Floors Insupance
Proyrom Flood Insurance Rate -Map for the
City of Denton, Denton County, 'loxos I
Commomity-Ponel NI,mber 460104-OO&D,
Dated Au uat 4, 1987,
This flood einl""M does ml iiiil aor oerlify and lhed nol I GRAPHIC SCALE 4A/ Aj
! y he coadnMa to Imew ar.cerllry Ihot Ihs Property and/nr stoner the delehereo ,melt wolureu bee told lat rim a-4o r l'
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p11W NOM ST fTE OF 'IOW 1
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18707 ACRNR TWIN 1'MSMCS N 01 • V 4W W,1497,00loot WO OW *w Of $Wd Wa OWW 1 OOUWY OF DWOW, 004M W tlwr
undormiMnod *rlho on this d#y,. 1
to an l to an lran rod %wW for parrtrlr M "W dhopo d Rood In "M south kw of saki Pw*m*apPsarrd p I11lNor'
~ w1~r ~ M1riM', Iu~r~!Nf1 ~ rno b ~ tho
OEM all tN At oerWn fit, tract or parcel of l*nd sduosd In the J. Thcyr+m Surv" POW Paw $Woey; ppfooww 'vfto
woo oo ***WW to tfw ON"* amt. ohd
Ab*sct Number 1240, In the CPaur ft of bonbon, Texas, bainq a part of that s m **a*0d to owm *w ft purpoll
and
certain tract of land conveyed by do+ad-from "144 Dorm Joint Vonturo to Kenneth THIM TWICE N W W 1W 91 2107.40 yhw~#, *oM SOW $Oq Wd
Rand OW wilh aM coy mllon IhMwln wapr~rwdl +Nnd i~ M~► ~pr~lly ~ronk► aL
Carver Family Trust, recorded under Clerks (rile Number 94ROOM78, ~*O, o #V1i111 llfR of *W POW W MI rod set !FW KMW.
"KuNM LAY HAND AfVEt? UAL (W OFFICE on ft .,,~dmy of
Property Records, Denton County, Texas, and bokV more particularly doawribed
as follows: THEN `l'HEM S 01' 1C 30" 09 pone at 22,12 fool to omw of #W oa*- 1 0.0 i,
Item a ~ of WW o woyod by dwd to ft#vNr'M*w;Z;, mwdod In, Volunw 8744
Polo 521, Dodd M cards, tan County, To pO$ at 572 foot Ow nawwit X11
WGriNNING at an iron rod :sot for corner in Shepard Road, a public roadway, and Page
In Greeet Valley Circle, a public roadway, sold point &Nao being In the north line of oornoi h Cobb, Ulm o1 WW oomwysd by dow
to I van Wow Supply, 10 oorrwr of tat
said Thomas Survey and In the south line of A. Paftn Survey Abut Number re~corc racordad In %O lw ) 531-t P 300, o 6oW dMw" O 152,12
with the wed km STAYI OF HAAS
990; of salt of SoliVW WSW tnr ds Wo kw corrwr;
My co "I ft rt the ,dmy of 19„„,
THENCE 5 00° 24' 06" E, 2477,37 foot with said Green Volley Circle to an Iron TH ON THOME N W' 3Y 5r E, pow at 20,10 #n am" CWtrwr
Of 0* ~ black
rod found for comer; Of kv" d I#nd wwoyod by deed to Balivm Wt* Supply, f0oardrd undor Clorica's File APPROVED
►t 1
No. 94 No. 944R0 12, Raol Property Rioardb, Dar*h Countys Tom, a toW di *mm
THENCE S 00' 11' 25" F,, 350.53 feet with said Omen (Palley Circle to an Won rod of 99,1 of 99,59 fee to a point for comer;
found for comer, said point being the nodheW corner of that certain tract of land
conveyed by dePA from Mrs. E.I., lynch to 3111 lynch, recorded,in,Volume-1601, THON! TM N09 N 01' 10' 3W W,155.53 foot wMh dw Ihw
of said trot roaordod dh' *man, Oowlaprmnt Rovisw Commiaee
Page 530, Reel Property Reoordu, Denton County, "texas; uncle uncclir o Fk No, 9444ROOM12 to an Iran rod sO for oorrw
In sold SNopnrd City of Donlon
Road i Rood and In the South Lino of sold Prdlan Surv+y
THENCE S 89" 54' 09" W,1466,85 foot with the north line of sold Lynch tract to
an iron rod found for owner9 said pointbeWg the northeast comer of High Meadow THEM THENCE N 8*' 45? W E; 730328 hot wlth wW,
8 d Rood wW with std
Addition, Section M, on Addition to'Denton County, 'Texas, according to the Plot south south !!no of said flan &s" to ax+ KAGII OF
MMINIMKI and c
thereof recorded In Cabinet Fs Poo 1.54, Plot Rooord~,, Denton County, Texas, 1117,a41 1$7.8" to, of lend, Ghy►
Seorvtmry
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THENCE N 89' S6' W W, pass at 1102,01 feet fho northeast corner of that 0,114 C WAfS OF APPMVAL
c"In tract of land conveyed by deod from Vetarers's Land Ord to Mark Metcalf
Miler, recorded in Volume 1235, ire 442,' Roal Property Records, Denton Appravwd 0" ,.day of.A.D. IOft
Comoty, Texans, a total di*to of 1461,92 fee with the north Lines of sold Addition
and said MOW bid to a-fonsze owner for cores sold point being the srauthook, By the CommMaiiorNr'o Court of the Zaounlly of D**n, Tom
corner of that certin tract of hand conveyed by deed from Wift Thom" to W.E.
George, recorded on June 9,1966, Deed Records, Denton County, Texas,,
county A404
THENCE N n1' 20 SW W, 1216,62 fW w th,01o ,eW One of scald 'Ce ar-pe Ind 1o a
fomce corm far comer; said *qv bring 1h,r see' tOnW 'nf htiot oertaio triad AW*v*O thia ,..,,Pay of,...A,D,1
d,Iarnd deed f,own Vilaa!llar h4, V"r'sirr hum ko Wasschun Trust recorded f
dn~ , ~'f~, ~ocards, ,~►nk+n Cat!►, ~'e~
NOTE MOTE;
(1) WaW Service to be pmvkled by SoNvar ~ ater Supply CO(P. and privpt+►
Wei,
(2) swwwy to be,h+arxW by p taoiNtka► as approved by the
Denton County Health Dapar nwt.
(3) Ckeatrio Service is to be provided by Denton County Co-op, I SURVEYOR'
O1fNER~ DEVELOPER
(4) LaN Lees are proposed to be Residential with a single fernk residence ILLE
SURVEYORS, INC. PHILLIP LLER LANDMARK
aNow~ad on each sat, 39 OAK FORREST CIRCLE 4238 Iw35 N
v )
(6) The Maintenance of peeing, grad6ng, and drainage Improvarrwsnts arxtlor DENTON, TX 76205 DENTON, TEXAS 76201
ev"I' rrts show on this plot am the reapon a bllity of the individual (817) 382-5286 (817) 3824016
EW4 Property mm s and do not constitute "a" of Berne fnr
maktenwrwa purposes by Denton Co~a~
(6) AN bouro*y lire desorlptions end lot Nne deaw#ftne oiose to an
0 M e1. wouraoy of one in ten thousand (1'10060), FINAL PLAT •7
(7) AN lot owners am morxvroetrted with 1'li kon rods 187,877 ACRES
go,
SURVEYOR'S CERTIFICATE ROLLING MEADOW ESTATES
The plat The plat hereon is a true and accurate reprosoritatipn of the property as determined
by survey IN THE RO
t+ made or '~erri made on the ground, the lines and dimensions of sold prooorty being as Indicated
on the plat, THOMAS SURVEY A woom 2 4 nay
The sixl The size, location and type of building and imprlvscaents are so shown, all Improvements
being J. ry141
wlthln tf within the boundaries Qf the ¢roperty except as shdwt, set book f roni ftle property
lines Is as N T O N COUNTY, TEXAS
shown, and the distance from the nearest stroet at road is as shown on the Plat, Yhsre are
!~1 shown, i
04 no vielbl no visible onoroachmenls, vi ftwo protrusions or apparent easements, except so shown on
the Plat,
4238 1s-38 NORT
t
further oortNy that no portl4n of subject property DENTON, TEXAS T ~ I
a I further i
Iles wlthb iso within a spsolal flood hazard area aco6rdlno A -M AAN
to the Fl
VICINITY MAP Mayn40il
2004'
SCOoALL 1" 6111110
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4
CITY COUNCIL AGENDA PACKET
January 2, 1996
waft
AP0 *a_ _>Q(~
AGENDA so
CITY OF DENTON CITY COUNCIL
January 2, 1996
Closed Meeting of the City of Denton City Council on Tuesday,
January 2, 1996 at 5:45 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
5:45 p.m.
1. Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE: Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
Regular Meeting of the City of Denton City Council on 'T'uesday,
January 2, 1996 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the Eollowing items will be
considered:
7;00 p.m.
1. Pledge of Allegiance.
2. Citizen Reports
A. Receive a citizen report from Willie Hudspeth regarding
the meeting times for the City's Boards and Commissions.
3. Public Hearings
A. Hold a public hearing on the proposed CIP recommendations
presented by the Blue Ribbon CIP Committee.
B. Hold a public hearing and consider an ordinance providing
for an amendment to the Detailed Plan for PD-108 zoning
district classification and use designation for a 0.371
acre tract located on the north side of Highland Street
approximately 62 feet east from Carroll Boulevard. (The
Planning and Zoning Commission recommends approval 7-0).
C. Hold a public hearing and consider an ordinance providing
for a change from General Retail (GR) zoning district
classification and use designation to the Commercial
Conditioned (C(c) ) zoning district classification and use
City of Denton City Council. Agenda - -
January 2, 1996
Page 2
designation for 1.031 acres of land Iuc,uced on the north
side of US Highway 380, approximately 240 feet west of
Cooper. Creek Road.. (The Planning and zoning Commission
recommends approval 7-0).
D. Hold a public hearing and consider an ordinance providing
for a change from the Agricultural (A) (with SUP 180)
zoning district and use designation to the Office
Conditioned (O (C)) zoning district classification and
uFje designation for 8.3271 acres of land described as Lot
7., Block 1, of the YMCA Addition, located on the
northwest corner of. Riney Road and Windsor Drive. (The
Planning and Zoning Commission recommends approval 7-0).
E. Hold a public hearing and consider an ordinance providing
for an amendment to the Detailed Plan of Lots 44R - 51R
of the Woodlands of Township II, a portion of Planned
Development district six PD-6 located on the east side of
Timberidge Street, south of Wilderness Street. (The
Planning and Zoning Commission recommends approval 7-0).
r. Hold a public hearing and consider an ordinance amending
Ordinances 83-140 and 87-054 by approving a Detailed Plan
for a 1.199 acre tract of land within the Planned
Development 65 (PD 65) zoning district classification and
use designation, located on the west side of. FM2181 at
its intersection with Bent Oaks Drive. (The Planning and
zoning commission recommends approval 5-1).
G. Hold a public hearing with regard to the proposed
annexation of a 1.1.34 acre tract located east of Mayhill
Road and north of Blagg Road (A-69). (The Planning and
Zoning Commission recommends approval 6-0).
H. Hold a public hearing with regard to the proposed
annexation of a 21.62 acre tract. described as the Estates
of Forrestridge Section II (A-70).
I. Ho.l,' a public hearing with regard to the proposed
annexation of a 34.78 acre tract located in a clear zone
south of the existing runway in the vicinity of the
Denton Municipal Airport (A-71).
4. Variances
A. Consider three variances to Sec. 34-124 of the Code of
Ordinances. The requests would vary Paragraphs (e) 5
channel lining, (g) (easu,--nts], and (e) 11 (lot to lot)
drainage for the Rolling Meadows Estates Addition. The
npenda IUD ~ -
Agenda Ilam
C ~
City of Denton City Council Agenda Date-~~.~~--
January 2, 1996
Page 3
1£17.877 acre site is located at the southwest corner of
Shepard Road and Green Valley Circle, (The Planning and
Zoning Commission recommends approval 5-2).
5. 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. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances W-jenda items 6.A,
6.B). This listing is provided on the Consent. Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda. Upon the receipt of a "request to speak" form
from a citizen regarding an item on the Consent Agenda, the item
shall be removed and be considered before approval of the Consent
Agenda.
A. Bids and Purchase orders:
1. Bid $1841 - P'ire Station Uniforms
2. Bid 01838 - City/County Day Nursery Drainage/
Play Ground Improvements,
6. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. W .A.1. - Bid 41841)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. W A.2. - Bid 41838)
7. Ordinances
A. Consider adoption of an ordinance which prohibits the
parking of vehicles on certain portions of Oak Street.
(The Traffic Safety Commission recommends approval 7-0).
B. Consider adoption of an ordinance providing for one-way
traffic on certain portions of Highland Street and Maple
Street. (The Traffic Safety Commission recommends
G
City of nenton City Council Agenda
January 2, 1996
Page 4
approval 7-0).
8. Consider a motion to adjust the compenpation of the City
Attorney.
9. Hold a discussion and give staff direction concerning the
Development Policy committee.
10. Hold a discussion and give staff direction regarding extending
hours for the sale of alcohol on premises from 12:00 midnight
until 2:00 a.m.
11. Vision Update
12. Miscellaneous matters from the City Manager.
13. Official Action on Clused Meeting items:
A. Legal Matters
P. Real Estate
C. Personnel
D. Board Appointments
14. New Business
This item provides a section for Council Members to suggest
items for future agendas.
15. Possible Continuation of Cloned Meeting:
A. Legal Matters Under TEX. GOVT COOL; Sec. 551,071
B. Real Estate Under TEX, GOV'T CODE Sec. 551.072
C. Personnel/Board Appointmencs Under TEX. GOV"I' CODE.
Sec. 551.074
C E R T I C I C 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 1995 at ----_--o'clock (a.m.)
(p.m.)
---'CITY SECRETARY
Agenda IloV~ S~ v_
l,genda IHero_
City of Denton City Council Agenda
January 2, 1996
Page 5
NOTE: THE CITY OF'DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE; WITH THE AMERICANS WITH DISABILITIES ACT. THE;
CITY WILL, PROVIDE SIGN LANGUAGE: INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF' THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
AC0002DC
Alit NMI1,..f. ci~C......u.
:9DIAL
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DE_NTON, TEXAS 76201 TEI.EPNUNE 1817 566.8907
Office 011110 City Manager
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Veronica S. Rolen, Administrative Assistant II
DATE: January 2, 1996
SUBJECT: Meeting times for Boards and Commissions
I have attached a listing of meeting days and times for the
Council's Board and Commissions for your review.
Please let. me know if you have questions or need additional
information.
Sincerely,
1
Veronica S. Rolen
I
I
"Dedial(ed 10 Q1nl11y Service"
BOARDS & COMMISSIONS
BOARD OR MEETING MEETING [REQYIENCY
COMMISSION DAY TIME
Airport Advisory 2nd Wednesday 5:30 p,nr• Once it month
Board
Animal Shelterw Day Varies Time Varies Quarterly or as
Advisory Board needed
Board of 2nd Monday 4:00 p. in. Once a month
Adjtrstntent
Building Code Day Varies i 3:00 p. in. As needed
Board
Cable TV Advisory Wednesday Noon Once a month or as
Board
_ needed
Civil Service 3rd Thursday 4:00 p.m, Once a month
Commission
Community Day Varies 5:30 p.m. Twice a year or as
Development needed
Advisory
Committee
Data Processing Day Varies v Time Varies As needed
Advisory Board
Development Thursday 9:00 a. In, Weekly
Review
Committee
llovrntown Day Varies 'l'ime Varies ~ Once a month or as
Advisory Board^_ _ needed
Electrical Code lst Wednesday _ 3;00 p,nr, Once every three
Board _ months
Historic Landmark 211d Monday _ 5:00 p.m, Once it month
Commission
Human Services Day Varies Tintc Varies As needed
Advisory
Committee
-1-
M1genda t7e e,✓~1~1
doenda Rein ILFU,~-~4H
Keep Denton lst Monday Noon Once a month
Beautiful Board _
Library Board 2nd Thursday 6;00 p.m. Once a month
Parks & Recreation 3rd Monday 5;30 p.m. Once a month
Board
Planning & Zoning 2nd & 4111 5:00 P, Ill. Twice a month
Commission Wednesday
Plumbing & Day Varies Time Vanes As aceded
Mechanical Code
Board
Public Utilities Wednesday 7,00 a in. or Twice a month
Board 3:00 ; .m•J~
Sign Board of 21id Monday Time Varies Once a month
Appeals
LETMPA ard of Day Varies Time Varies Oncea month
ety 1st Monday 5:30 p.m. Once a month
n
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ClTYOFDENTON, TEXAS __MUNICIPAL BUILDING • DENTON, TEXAS 76201 7'ELEPNONE--5668307
Office of tho City Manager
MEMORANDUM
TO: Mayor and Memh>rs of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: December 22, 1995
3UBYEC,T: CIP Public Hearing
The back tip materials for the CIP were delivered to City Council
with your December 198i agenda packet. Please bring the maps and
materials with you to the January 2"d meeting.
if you no longer have the materials readily available, please let
us know and copies will be provided.
Rick Svenla
Deputy City Manager
RS:bw
AMM00770
Wedlcaied 10 Qnaliry servke°
AMnM IbM~y~
DATE: -~ITJTUTY MI I 7U%1
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Hold a public hearing and consider an ordinance amending the Detailed
Plan of PD-108 to expand tho building footprint of a proposed building,
and to amend the list of permitted uses to Include personal service type
uses, for property .,cated on the east side of Carroll, north of Highland.
RECOMIytEN o1 kj[QN-
The Planning and Zoning Commission recommends approval of the amendment
(7-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None,
Respectfully submitted:
Ri k Svehla
Acting City Manager
..r endaN..-
Agenda o
ein.~L77aa
Prepared by:
Walter E. Reeves, Jr.
Urban Planner
Approved:
Frank Robbins, AIC
Director
Planning and Development
Attachment tit; Planning and Zoning Commission Report,
Ailachmem 02, Oroinance,
Attachment H3: Draft minutes of the Dezember 13, 1995, P & Z regular meeting.
hpenda No.~ J~•~^•.••_
COMMISSION AND ZONING REPOf~ f ,
To: CHy Council
From: Planning and Zoning Commission
Date: January 2, 1995
Subject: 7.-95-032
GENERAL INFORMATION
~Applicnnt- Dale Irwin
701 S. Carroll
Denton, Texas 76201
Owner: Same
Action: Amend the dotail plan of Planned Development 108 to change the
building footprint of a proposed 5,000 square foot office building,
and add personal services to the list of uses.
Location: The subject property is located on northeast cornor of Carroll and
Highland.
Surrounding Zoning and Land Use:
North: PD-108, office uses.
South: SUP 162 (day care).
East: Two Family (2F), residential uses.
West: PD-108, MF-1 across Carroll.
Denton Development Plan: Urban Center,
SPECIAL INFORMATION
The subject properly is part of PD-108, almost all of which is located in the
Offenbackor Addition, This property is not, and platting is not required.
BACKGROUND
March 18, 1985 Council approves the rezoning of 0.426 acres of land (Ord.
86-61, Z-1770) from the Two Family (2F) zoning di5irict to
Planned Development 108 (PD-108).
October 18, 1988 Council approves rezoning Z-88.010, and repealed the
approved site plan and conditions applying to the 0.426
acre,; approved in 1986, to add 0.927 acres to Planned
Development 108 by rezoning the land from the 2F zoning
district (Ord. 86-168).
Pago i
l
January 26, 1989 The Final Plat of Lots 2 & 3, Block 1 of I oitlffent~aekd~%. _-9
Addition are approved by the Planning arid'"Loning....
Commission
September 24, 1990 The Planning and Zoning Commission recommends
approval of Z-90-006, amending the applicable provisions of
PD-108 to allow for all signs to be in accordance with Article
17, Appendix B, Zoning Ordinance (now Section 33 of the
Denton Code of Ordinances).
December 15, 1992 Council approves the replat of Lot 2, Block 1, Offenbacker
Addition. This area is incorporated into PD-108 in 1993.
June 1, 1993 Council approves the rezoning of 1,489 acres from the 2F
zoning district to PD-108, and increases the gross floor area
in the PD (Ord. 93-090).
August 16, 1994 Council approves the rezoning of 0.371 acres from the 2F
zoning district to PD-108, which also allowed residential
uses on the second floor of a proposed 5,000 square foot
office building (Ord. 94-146).
NOTICE
Thirty-five notices were mailed on December 1, 1995. Three replies were received, two
(2) in favor, and one (1) opposed.
ANALYSIS
The change proposed here is a minor amendment to change the building footprint of
the proposed 5,000 square foot building, and allow personal service type uses
throughout the entire PD. The property is located in an area designated as an Urban
Center. Urban Centers are intended to encourage the concentration of commercial,
retail, office, light industrial and multi-family housing. These centers are intended to
serve as the hub for economic activity and employment. According to the Denton
Development Plan, there are no intensity limits in urban centers, therefore, it is not
necessary to consider any potential change in intensity in these areas. This PD has
supported the Plan's specific policies regarding Carroll Boulevard, and this amendment
continues to support those policies.
The only issue staff had regarding the proposed amendment is the number of
handicapped parking spaces that would be required. Staff fell that two such spaces
needed to be provided while the site plan only indicated one. 'The City does not have
any handicapped parking requirement. However, the American's with Disabilities Act
(ADA) would require one handicapped space in a parking lot of 1 to 25 spaces. The
required parking for the proposed building is 17 spaces. That amount of
-Page 2-----
L
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handicapped parking is provided, and the applicant had propose 6"fiandfca`p 65'
space across from the main cntranre to the amended building (in the parking lot for
another building), Staff felt a second handicapped space should be provided to serve
the existing building to the north, The Commission agreed, however, the applicant
made a convincing argument for locating the second space nearer to the existing
buildings.
RECOMMENDATL N
The Commission recommends approval of this request, subject to the condition that
the amended detail plan show two handicapped parking spaces.
ALTERNATIVES
1. Approve the request without conditions,
2. Approve the request with additional conditions.
3. Deny the request,
4. Send the reque hack to P & Z for further consideration.
5. Postpone consideration,
ATI"ACHMENTS
1. Location map.
2. Proposed Detail Plan amendment.
Page 3
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P&Z Minutes I r - !
December 13, 1995 ` ? t is
Page 25
XIL Hold a public hearing and consider art tunendment to the detailed plan of PD-108 to increase
the building footprint of a 5,000 square foot office building. The subject property is located
on the northeast comer of Carroll and Highland. (295.032)
Ms. Russell opened the public hearing.
Mr. Reeves: This is a project that has been developing over time and through several
different meetings with the Planning and Zoning Commission over the years, What we have
here is a proposed five th)usind square foot building on an approved detail plan. This is a
minor amendment to that detail plan to allow the building footprint to be larger which is
something that our ordinance will allow but it has to come back to the Planning and Zoning
Commission and the City Council in order to do that. The approved building is a two story
building and surprisingly enough for this building the planned development on it would
allow residential u,es on the second floor. The applicant has since changed his mind about
the (wilding and decided to reduce the upstairs area and expand the downstairs area but not
change the total square footage of the building. So the square footage of the building will
remain at five thousand square feet, it is just that the first floor will be somewhat larger.
Staff doesn't have any major concern with this except for one small item. The number of
parking spaces meets our requirements but the Americans With Disabilities Act requires two
handicap parking spaces if the total number of parking spares is 26 to 50. Staff is requesting
that an additional space be dedicated for handicap parking. We did do the notice and did
receive some responses,
Ms. Russell: Would the petitioner care to speak?
Mr. Dale 1rMm My name is Dale Irwin and mj, office is at 701 S. Carroll. I think thal
Walter covered it real well. %AQien we got the PD zoning we put the little box there acid we
said that we would have a three thousand foot building with two thousand feet upstairs. The
reason for five thousand feet was to keep it less than the city's requirements for a sprinkler
system because you obviously can't afford to sprinkle or build it if you are going to build
a six thousand square foot building, That is the reason for the original plan and now when
we are ready to start designing and building we have come up with at better design to put
more of the same size building on the grouixi floor and less of it on the upstairs. Other than
that change it is the saute size building. Walter and I talked about the handicap spot today,
probably a better location for this would be by the second building from the north. There
are a total of four buildings in this project and it was designed so that the buildings could be
sold separately at some point in time. We don't have a problem putting it there.
Mr. Powell; Would you mind then if we just say that the second handicap space will be
provided?
Mr. Irwin: That would be fine.
Mr, Reeves: There is another change that Mr. Irvin has requested and that is to add
personal services to the list of permitted uses, As it stwnds right tie can only have offices
1'ck"1. M1IluICS ~'Rantct Item
Deccinbcr 13, 1995
Page 26 1 11
there and apparently he has had some interest from hair salon, barber shop, that kind of
thing, Those are what we classify as personal service uses. We would just like to amend
the list of uses to include those type of uses along with the ones that are already approved.
Mr. Irwin: We actually had someone move into one of our offices and staff showed that it
was actually a violation. I didn't realise that there was a difference and we are just trying
to expand the uses a little bit,
Nis. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition?
Mi. Tim Davis: My name it Tim Davis and I reside at 524 Pierce. I am not opposed. We
are concerned with the drainage and we would just like to see that addressed. They have
moved in a lot of dirt for the development. We are all pleased with the development but we
are really concerned about the water because with all of this dirt that has becu moved in
when it rains it is just a river. We would just like to see something done as far as drainage.
Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make
any further comments?
Mr. Irwin: The dirt that has been hauled in will not stay where it is right now and the
drainage issue has been designed when it was originally planned and zoned, The water is
designed to go to the north and into the drainage hole that we have on Prairie. I don't think
that drainage will be a problem.
Mr. Cochran: When you get this finished how Hutch higher will the ground around your
building that is adjacent to Mr. Davis' property be? Or will it be?
Mr. Irwin: Mr. Davis lives on Picce and that is the next block over. I [Is property doesn't
adjoin this properly but it may adjoin the parking lot where the other building it. What we
will do is to get the water to flow to the west, I don't believe that it will be an issue. The
dirt that is there now, that is not where it is going to be. We have had it hauled in and it is
stacked up there now. It will be sloped down.
Ms. Russell: We will close the public hearing. Any final comments?
Ms. Schertz: I move we recommend approval of the amendment to PD 108 changing the
footprint of the proposed building and allowing personal service type uses subject to the
condition that there be two handicapped spaces provided.
Mr. Powell: Second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand.
Opposed saute sign. Approved. (7-0)
coda rIlene it
ORDINANCE: NO.
AN ORDINANCE OF THE, CITY OF PENTON, 'T'EXAS, PROVIDING FOR AN AMEND-
MI,NT TO THE DETAILED PLAN FOR PL,ANNHD DEVELOPMENT l0a (PI) 108)
ZONING DISTRIC'T' CLASSIFICATION AND USE DESIGNATION FOR A 0.371 ACRE
TRACT LOCATED ON Tim. NORTH SIDES OF' HIGTIhAND STREET APPROXIMATELY 62
FEET EAST FROM CARROLL BOULEVARD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EP ECTIVE DATE,
WHEREAS, Dale Irwin has applied for an amendment to the
detailed plan for a 0.371 acre tract of land located on the north
side of Highland Street approximately 62 feet from Carroll Blvd,
zoa.~d by Ordinance 94-146 as Planned Development District 1.08
(pr, 108) ; and
WHEREAS, on December 13, 1995, the Planning and Zoning
Commission recommended approval of the requested zoning amendment;
and
WHEREAS, the City Council finds that the zoning amendment wi.ll
be in compliance with the Denton Development Plan; NOW, THEREF'ORE,
THE COUNCIL OF' THE CITY OF' DENTON HEREBY ORDAINS:
SECTION I. That the detailed plan for planned Development
District 198 (PD 108), a 0.311 acre tract of land described as Lot
1, Block 1 of the Fred Moora Addition, and !lots 1, 2, ?,R & 4, Block
1 of the O_ffenbacker Addition, is hereby superseded by an amended
detailed plan, attached hereto and incorporated by reference herein
as Hxhibit A, and same is hereby approved as the Detailed Plan for
the district, in accordance with Division ? of Article IV of Chap-
ter 35 of the Code of Ordinances,
SECTION II_ That the provisiO.ts of this ordinance govern and
control over any conflicting prov.i:>ion of Ordinance No. 94-146.
SECTION III. That a copy of. thif ordinance shall be attached
to Ordinance Ne. 94-146, showing the amendment herein approved,
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum oaf, exceeding
$2,000.00, Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become: effective four-
teen (12) days from the date of its pas~age, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
HIM
paper of tile. C1tj, of I)E"I1toll, 'E'CXclS, Wltfll!] Cl'.ll ( i)) days of Lhe
date of it;, pa;,sage,
PPSSED AND APPROVED this 19 6.
Ei013 CASTLE;1 ERRY, MAYOR
AT'I'ES'P :
JENNIFER WALTI4I2S, CI'T'Y SECRETARY
BY
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
8Y: _
PAGE 2
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DATE.: anuaiy 2, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting Ci!y Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone 1.03 acres
from the General Retail (GR) zoning district to the Office Conditioned
(O(c)) zoning district. The subject property is located on the north side
of US 380 (University) approximately 250 feet west of Cooper Creek
Road.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the rezoning
(7-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report,
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respectfully submitted:
Rick Sve a
Acting City Manager
5G
Prepared by:
Walter F. Reevos. Jr.
Urban Planner
Approved:
Frank Robbins, AICP j -
Dirertor
Planning and Development
Attachment #1: Planning and Zoning Commission Report,
Attachment 42: Ordinance,
Attachment #3: Draft minutes of the December 13, 1995, P & 7_ meeting.
i
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PLANNING AND ZONING COMMISSION REPO RT,;tj..
To: City Council
From: Planning and Zoning Commission
Date: January 2, 1995
Subject: Z-95-036
GENERAL INFORMATION
Applicant: Dan Pottus/Rita Harmon
PO Box 26
Ponder, Texas 76259
Owner: Rita Harmon
Action: Rezone 1.031 acres from the General Retail (GR) zoning district
to the Commercial Conditioned (C(c)) zoning district,
Location: The subject property is located on the north side of US 380
(University Drive), approximately 240 feet west of Cooper Creek
Road.
Surrounding Zoning and Land Use:
North: Vacant, Light Industrial zoned land.
South: US 380, gas station and Commercial zoning,
East: Light Industrial zoning, booze Appliance.
West: Agriculturally zoned land, residential use.
Denton Development Plan: Low Intensity Area 935 (128% allocated).
SPECIAL INFORMATION
The subject property is also in the process of being platted, A preliminary plat was
approved by the Commission on November 8, 1995. "rho only required public
improvement is sidewalks, and driveway a^,cess to US 380 will be limited to a joint
access for the residance and proposed vehicle sales lot.
MOGROUND
The subject property is currently in the'deneral Retail (GR) zoning district, ]'he
applicant is proposing to use what will Lecome Lot 2 of the Harmon Addition for
vehicle sales and Lot 1 will continue to Lie used as a residence. The reason for the
rezoning is that the proposed vehicle sales (in open) is not a permitted use in the
General Retail zoning district. The applicant is proposing to rnzono to the Commercial
Conditioned (C(c)) zoning district and limit the number of uses normally allowed in the
district
Pago 1
- 101. 1
roslcE ^ I 1
Ten notices were mailed on December 1, 1995. Three replies were received, all in
favor.
ANALYSIS
Intensity
The subject properly is located in Low Intensity Area 435. Intensity is allocate at a
rate of 60 trips per day per gross acre (t/d/qa) in low intensity areas. Intensity area
435 is ov?rallocated at 128%. However, this rezoning request will not affect the
overall intensity allocation for the intensity area, as commercial/retail use is allocated
on the basis of 650 t/d/ga. For Commercial zoning the proportionate share is the
same as that for the existing General Retail zoning district, the difference baing that
the Commercial zoning district allows for a broader spectrum of uses. Actual intensity
analysis reveals the following numbers:
1.031 acres x 60 t/d/ga = 61 intensity trips
Proposed intensity is calculated as follows:
1.031 acres x 650 t/d/ga = 670 proposed intensity trips.
The proposed use is not consistent with the proportionate share policy of the Denton
Development Plan, but not at an intensity level that is any greater than the existing
General Retail zoning district.
Separation
Tha proposed rezoning is also inconsistent with this policy of the Plan as other multi-
family and/or commercial uses exist within 1/2 mile of this property,
Concentration
Thy proposed rezoning is consistent with this policy of the Plan as the proposal does
not exceed the three (3) acre maximum si,!e allowed along a primary arterial.
When a proposal is inconsistent with the Proportionate Share policy of the Plan
(Intensity) the Commission, and the City Council, typically look at four other factors.
1. The location of the proposed development in relation to existing or proposed
public facilities, such as r,'Ouels, water or sewer lines, and drainage facilities.
Public facilities are available to the properly along the U5 380 frontage. The
property has direct access to US 380 (which will be limited to one joint access
driveway), and sidewalks will be installed along this frontage.
Page 2
777,
2. The topography of the land, and its effect on possible development. - " "
The topography of the subject property can be best described as "flat as a
pancake." There is nothing topographically about the prope'ty that would
hinder its development, There are a small number of trees (see zoning exhibit)
on the proposed Lot 1, There is little else that distinguishes the property.
3. Land use in the }Manning area and surrounding areas.
The proposed rezoning is not inconsistent with surrounding land uses, Adjacent
to the property is &ri appliance sales location that is in the Light Industrial
zoning district, and directly across US 3130 is a gas station and commercially
zoned land. To the north is vacant, Light Industrially zoned land. To the weM
is Agriculturally zoned land with residential use.
4. Other policies.
Diversity/Neighborhood Protection
Low density residential, small scattered sites of apaitments, and nonresidential
uses are encouraged in all area of the City subject to the following limitations:
1) Strict site plan control within 1,600 feet of existing low density residential
areas. Development must maintain the character of the area with
architectural design and landscaping,
As the Council will note, the zoning exhibit is not intended to be used as
a site plan, and no site p!~ln has been submitted. It is unknown what the
architectural design of any proposed structures will be, and the
landscaping will have to be consistent with that required by the
Landscaping, Screening, .nd Tree Presnr,ation Ordinance,
2) Traffic design to ensure that multi-family and non-res!dent !at uses have
access to collectors or larger arterials with no direct access through
residential streets,
This policy is wet by the proposal.
3) The overall intensity/density standard is not violated.
This policy is not met, however, it wN not exceed the intensity already
allowed by the general retail zoning district.
Page 3
- „ _ -r~ - .1-1..__-
4) Sufficient
9teen ;{,ace recraatlonal facilitio are
DS „ and diversitY of par F
provided.
No green space, etc„ is proposed,
5) Input into planning by neighborhood assoclatlons and counclis Is
encouraged. This policy is intended to generate input and not veto
power.
No neighborhood meeting was held.
The Plan also has a strong policy against strip commercial development in low
Intensity areas. This area of the City would seem to be what this policy was
designed to address. However, In this case, as the property is already zoned for
general retail uses, it is hard to imagine how a rezoning to the Commercial
Conditioned zoning district will exacerbate this problem. In a recent rezoning
case al Woodrow and Morse (tie Commission recommended an additional tree
beyond the number required by the Landscaping Ordinance be planted on each
proposed lot. In this case, as the zoning exhibit Is not a site plan, it cannot be
determined what the required street yard will be. Based on the zoning exhibit, a
very rough calculation of the street yard would result in a requirement of five (5)
trees. The Commission is not recommending any additional trees to mitigate the
strip commercial impact.
RECOMMENDATION
The Commission recommends approval of this request, subject to the condition that (he
list of uses be as proposed in Attachment i,
ALTERNATIVES
1 • Approve the request without conditions.
2. Approve the request with additional conditions,
3. Send the request back to P & Z for further review.
4. Deny the request.
4. Postpone consideration.
ATTACH_ ETS
1. Zoning exhibit.
2, List of permitted uses.
Page 4
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ATTACHMENT 2
Permitted Uses
Community Uoit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Art Gallery or Museum
cemetery or Mausoleum
Church or Rectory
College or University or Private School
Community Center (Public)
Day Camp
Day Nursery or Kindergarten School
Fairground or Exhibition Ares,
Group Homes
Halfway House
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (G&)eral Acute Care)
Hospital (Ch,onic Care)
Institutions of Religious or Philanthropic Nature
Public Library
Monasr-?rv or 0mvenl
Nursing jot-no or Residence Home for Aged
Occasional Sales
Park, Playground or Public Community Center
Schoci, Private Primary or Secondary
Scho )I, Public or Denominational
School, Uuslness or Trade
Accessory Building
Community Center (Private)
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (Subject to Approval „nd Control by Building Official)
Fire Station or Similar Public Safety Building
Gas Transmission Lino and Metering Station
Home Occupation
Off Street parking Incidental to Main Use
Radio and/or Television Microwave Tower
Off Street Remote Parking
Sewage Pumping Station
Private Swimming Pool
Telephone, Business Office
Telephone, Line and Exchange Switching or Relay Station
Water Reservoir, Water Pumpino Station or Well
Water Treatment Plant
Amusement, Commercial (Outdoor)
13~
Amusement, Commorcial (Indoor) Counlry Club (Private) with Golf Course
Public Golf Course
Commercial Golf Course
Public Park or Playground
Public Playfield or Stadium
Roller or Ice Skating Rink
Stable, Private Club
Stable, Commercial Rental
Stable, Boarding
Swim or Tennis Club
Theater, Drive-in
Theater, Other than Driwj-in Type
Airport Landing Field or Heliport
Bits Station or Terminal
Hauling or Storage Company
Motor Freight Terminal
Railroad Freight Terminal
Railroad Passenger Station
Railroad Track or Right-of-Way
Railroad Team Track
Commercial Parking Lot or Structure
Awc Laundry
Aulo Painting and Body Repair (In Building)
Auto Sales and Repair (In Building)
Gasoline Service Station
New Auto Parts SaioG Stores
New or Used Care Sales Lot (In Open)
Seat Cover and Muffler Installation Shop
Used Auto Parts Sales (In Building)
Antique Shop
Bakery or Confectionery Shop (Retai!)
Cafeteria
Cleaning and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Handicraft Shop
Household Appliance Service and Repair
Laundry or Cleaning Self Service
Mimeograph, Stationery or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wino
Pawn Shop
Restaurant
Retail Stores and Shops • 4,000 square feet or less
Retail Stores and Shops • Over 4,000 square feet
Studio for Photographer, Musician, Artist or Health
Secondhand Store, Used Furniture or Rummage Sale (Entirely Within Building)
Tool or Trailer Rental
Animal Clinic or Hospital (no outside runs or pens)
Animal Clinic, Hospital or Kennel (with outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
Hatchery, Poultry
Bakery (Wholesale)
Building Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial)
Cleaning Plant, Bags or Carpels (Special Equipment)
Clothinq Manufacture or Light Compounding or Fabrication
Engine and Motor Repairing (As Accessory Use for vehicles sales)
Feed Store
Job Printing or Newspaper Printing
Laundry Plant (Commercial)
Milk Depot, Dairy, or lee Cream Plant
Paint Shop
Scientific or Research Laboratories
Storage and Sales of Furniture or Appliances (Entirely Within Building)
Storage or Sales Warehouse
Trailer Rental or Sales
Transfer, Storage and Baggage Terminal
Wholesale Office and Sample Room
Uses Permitted with Approved Specific Use Permit
Trailer Camp or Mobile Home Park
Fraternity, Sorority, Lodge or Civic Club
Electrical Generating Plant
Private Utility Shop or Storage Yard
Public Building, Shop, Yard of Local, State or Federal Government
Sewage Treatment Plant
Drag Strip or Commercial Racin;
Cart Trauk
Animal Pound (Public or Private)
Flea Market
Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel
Temporary Asphalt or Concrete Balching Plant
Mixing and Sale of Concrete
I3~
f
P&'I. Minutes
December 13, 1995
Page 27t?ate~~
XII1. Hold a public hearing and consider the rezoning of 1,031 acres front the General
Retail (GR) zoning district to the Commercial (C) zoning district. The subject property is
located on the north side of US 380, approximately 240 feet west of Cooper Crock Road.
(7.95-036)
Ms, Russell the opened public hearing,
Mr, Reeves: This is a rezoning on the north side of University, The property is currently
in the General Retail zoning district and the owner of the properly would like to use it for
new and used car sales, vehicle sties in the open which is not in allowed use in General
Retail so the property has to be rezoned to tine Commercial zoning district. The Commercial
zoning district is the first zoning district in which That type of use is a permitted use. Part
of the reason that this is a conditioned zoning is that, I believe to the east and then , r some
other locations along tine street there are uses that are basically selling their wares in the open
all the time. Staff felt that we needed to try a conditioned zoning district to limit those
outdoor sales as much as possible. We sit down with the applicant and went through the list
of uses for the commercial zoning district and you have the list of permitted uses that we
agrm xl upon, It is a rather long list and it doesn't really cut out a whole lot, but it does seem
to take care of most, if not all, of the uses that might be outdoors except of course for the
vehicle sales which is the reason for the rezoning. Analysis wise this rezoning isn't
consistent with the Denton Development Plan but it is not going to be any more intense than
file current General Retail zoning. 'file intensity will remain the same. It would be the same
for General Retail as it is for Commercial. It is not consistent with the separition policy of
the Plan but it is consistent with tine conccvtratfon policy is it does not exceed the three acre
maximum size. When a proposed rezoning isn't consistent with the intensity analysis Ihen
we normally do a four point analysis. That is in your backup. The only other issue Is that
we do ha ,e a policy in the Plan regarding strip commercial development, We recently had
a rezoning on Woodrow Lane and Morse where the strip commercial issue came up and on
that partimlir rezoning staff recommended that an additional tree be planted on each lot to
mitigate sonle of' the impact of the strip commercial development. The development along
Ilwy 380 is mainly strip commercial type development and it is a little difficult to
recommend one tree as being a method of alleviating that. So rather than recommend
something, liecause 1 don't know how many trees would regale that, I decided to discuss the
issue with you and leave it up to you to decide what if anything you might wish to be doruc
there. In light of that staff recommends approval of this request subject to the condition that
the list of uses be as proposed in Attachment 3 and whatever other conditions you might
allach should there be any regarding the strip commercial issue.
Ms. Russell: N4'ould die petitioner care to speak'?
Mr. D,,,ut Peuus: My name is Dan Pettus and I reside at 3505 I:. University. I have clone
my homework. For four months we have gone through the process of finding out by
surprise that I fought a piece of property that 1 cart'I use for what I intended. Retail to me
mealt retail, I have met with the neighbors and I jest handed the Chair a list of all but two
that have signed their approval of my intended use. We, like the people that just built the
P&'L Minutes ^penf{l .a
DeceniWr 13, 1995 rj~ntla ttra,., _i7
Page 28 Dito._j
Citgo station, will be the first to improve that neighborhood. Thr. two people that haven't
sigrwd it have approved it but one was out of state and the other was on it hunting trip when
I actually had it written up after our meeting. It has unanimous approval and at least five
of the seven people in the surrounding neighborhood have signed that sheet,
Ms. Russell: Is there anyone to speak in favor of the petition? Is them, anyone to speak in
opposition to the petition? We will close the public hearing.
Mr. Powell: I move we recommend approval of the request to rezone 1.031 acres from the
General Retail zoning disc ict to (lie Conmicrcial Conditioned zoning district subject to the
conditions listed, which is the list of permitted uses.
Ms. Flemming: I'll second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand.
Opposed same sign. Approved. (7-0)
c . .
Dare _
i r..
ORDINANCE NO.
AN ORDINANCE OF THE CI'T'Y OF I)E"'TON, TEXAS, PROVIDING FOR A CHANGE
FROM THE GENERAL RETAIL (Gft) ZONING D1,STRICT CI,ASSIFICA9`ION AND USE
DESIGNATION TO THE COMMERCIAL CONDITIONED (CIcJ) ZONING DTS'1'RIe:7
CLASSIFICATION AND USE DESIGNATION FOR 1,031 ACRES OF LAND LOCATED
ON THE NORTH SIDE OF US HIGHWAY 380, APPROXIMATELY 240 FEET WEST OF
COOPER CREEK ROAD; PROVIDING FOR A PENALTY IN T[JE MAXT.MUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Dan Pettus and Eata Harmon have applied for it chary e
in zoning for 1,031 acres of land Erom the General Retail coning
district classil: lcatioll and use designation to the Colllmerc4.a.l
conditioned (C[c) ) zoning district: class'~ficat..ion and use de.sig,-~a-
Li.on; and
WHEREAS, on December 13, 1995, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning; anti
WHEREAS, the City Council. finds that the change in zcni.ng will.
be in compliance with the Denton Development Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONI. That the zoning district classification and use
designation of Lhe 1.031 acres of land desc-i.bed in Exhibit 1.,
attached hereto and incorporated into this ordinance by reference,
is changed from the General Retail (GR) zoning district clar+sifica-
tion and use designation to the Commercial conditioned Kl c))
zoning district classification and use designation under the comp-
rehensive zoning ordinance of the City of Denton, Texas, subjec'- to
the following additional condition:
In addition to the uses prohibited within the General
Retail zoning district and use classification, all uses
shown on Exhibit 2, attached hereto and incorporated
herein by reference, are prohibited.
SECTION II. That the City's official 'Zoning map is amended to
show the change in zoning district classif.iCation.
SECTION III. That any person violating any provision of. this
ordinance shall, upon coniicl:ion, be finel a sum not exceeding
$2,000.00. Each day that a provision of. this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV, That this ordinance shall become effect ive f:ollr-
teen (14) days from Lhe date of i.t.s passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
AOrrido uq
.00
r:r=aua Il,.ur
pubiished twice 111 the Denton Re'cord ,fir onic.tc, a daily newspaper
published in the City of Denton, Toxa:z, within lrn (10) days of the
date of its passage.
PASSED AND APPROVED this the day of
SOB CASTI.,EI3E;RRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
!1 Y
APPROVED AS TO LECAI, FORM:
Hhl?f3I?R'P L. PROUTY, CI'T'Y ATTORNEY
BY:
I
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FIELD NOTES to all that certain tract of land In the Clay of Denlon, and being eltuoled In the
M,E,P, & P. Railroad Company Survey, Abstract Number 1489; Denton County, Texas and being
aU of that certain tract described in the deed from Thomas Lee Soon et,ux, to Carroll W. Godwin
o6al recorded In Volume 1689 Page 941 of the Real Property Records of Denton County,
Taxes, and belno all of the called Tract I and Tract II described In the Substitute Trustee's Deed
recorded under Clerk's File No. 93-R0028460 of the Real Property Records of Denton County,
Texas, as recognized and occupled on the ground; the subject tract being more particularly
described as follows;
BEGINNING for the Southwest Comer of the tract being described herein at a capped Iron rod
set for the Southwest Comer of sold Godwin tract In the North right-of-way line of East University
(U.S. Hwy 380);
THENCE North 01 degrees 03 Minutes 26 Seconds West with the occupied West line of Bald
tract, generally along a fence a distance of 227.97 feet to a 112" iron rod found for the Northwest
Oomar of sold Godwin tract;
THENCE North 83 Degrees 49 Minutes 42 Seconds East with the North tine thereof, generally
along a fence at a distance of 70,00 feel passing a capped Iron rod set At a fence comer post for
the Northeast Comer of said Godwin tract, same being the Northwest Comer of said Tract it and
i continuing along sold course, In all, a total distance of 210,21 feet to an Iron pipe found for the
Northeast Corner of said tract I, same being the Northwest come( or the called 0,404 acre VAC
described In the deed to Raymond W. Booze, Jr. etrux, recorded In Volume 1128 Page 969 of
1 sold Deed Records;
THENCE South 00 Degrees 61 Minutes 42 Seconds West with the East line of sold Tract I a
distance of 209,98 feet to a 1112" Iron pipe found for the Southeast Comer thereof, in the North
Iine of sold highway;
THENCE South 78 Degrees 47 Minutes 40 Seconds West with said North line and the South line
of said Tract 1 and II a distance of 135.69 feel to a 112" Iron rod found for the Southeast Comer
of sold Godwin tract;
THENCE South 78 Degrees 14 Minutes 36 Seconds West with the South line thereof a distance
of 68.79 feet to the PLACE OF BEGINNING and enGosing 1.031 Acres of land.
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Ist of Prohibited Uses ~-------~-r---•.,~....,.~..~~,~-°
2.86.036
Dance Hall or Nlqht Club
Rodeo Grounds
Sexually Orlenled Business
Truck Parking Lot
The Retreading or Capping
Licensed Private Club
Secondhand Store, Used Furniture or Rummage Sale (oulslde of bullding(s)),
Contractors Shop & Storage Yard
I Pnglne and Motor Repalr (as primary use, allowed as accessory use with vehicle sales
lousiness)
Heavy Machinery Sales and Storage
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DATE; nua 996
CITY COUNCIL REPORT FORMAT
TO, Mayor and Members of the City Counoll
FROM: Rick Svehia, AoVng Clty Manager
SUBJECT; Hold a publlo hearing and consider an'ordlnance to rezone 8,3471 acres
from Specific Use permit 180 (underlying Agrloultural`(A) zoning) to the
Offloe Condiiloned (O(o)) zoning dlslrlotr The subject property Is located
on the northwest corner of Windsor and Riney, and Is Lot 1, Block f, of
the YMCA Addition,
RECOMMENDATION:
The planning and zoning Commisslon recommends approval of the rezoning
(7,0)
f
SUMMARY:
! See Planning and Zoning Commisslon Report,
6ACKGROUND:
See Planning and zoning Commisslon Report,
t PROGRAMS, DEPARTMMj-$ OR GROUPS AF IE TIED:
Not applicable.
FISCAL IMPACT:
None,
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Respeotfully submitted,
41ok Sve a
Acting City Manager
111'.'.'11 J
AOanda ~~o, ~ -
Apenda Item~S=K,~,,j~"~/~
Prepared by;
Waiter D, Reeves, Jr,
Urban Planner
Approved;
FranWkRAiCP
+ Meow
Planning and Development
Attachment #1, Planning and zoning Commission Report.
Attachment #2; Ordinance,
Attachment #3; Draft minutes of the December 13, 1995, P & Z meeting,
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Agenda lio..~ e, --Ak
PLANNING AND ZONING COMMISSION RE7~
To:----
City Council
Prom: Planning and Zoning Commission
Date: January 2, 1996
Subject: Z-96-030
Q&NER& INFORMATION
Applicant: Denton Independent School Distriot {
1307 N. Locust
j Denton, Texas 76201
Current Owner: YMCA
601 N, Akard
Dallas, Texas 75201
Action: Requesting rezoning from Speollio Use Permit 180
(underlying Agricultural (A) zoning) to the Office Condltloned
(0(o)) zoning district,
Location: The subject property Is located on the northwest corner of
Rlney and Windsor.
Surrounding Zoning & Land Use:
North: Vacant, Agriculturally zoned land.
South: Vacant, Agriculturally zoned land, and single family resldentlal
uses In the Single Family 10 zoning district.
East: Vacant, Agriculturally zoned land, and single family residential
uses In the Single Family 7 zoning district,
West: Vacant, Agriculturally zoned land.
Denton Development Plan: Low Intensity Area #20 (73% allocated),
SPECIAL INFORMATION
The property Is already platted (Lot 1, Block 1, YMCA Addition)
BACKGROUND
For the Counoll's Informatlon a brief history of the property follows.
August 7, 1904, Original Speclfio Use Permlt (SUP 180) approved by Ordinance 84-
95, which contained requirements to
* construct a six (6) foot tall wood fence along the entire north
property line,
'N, CA Rezoning Page 1
x
00
Aoen a ei
* establlshed a three year explratlon If tidtt
not completed
* no detached signs were permitted except for a scoreboard.
December 8, 1987, The screening requirement was amended by Ordinance 87•
222 to change the required screen material to "solid, Ilving"
and Included soreening a proposed parking lot.
February 21, 1989. The screening requirement was further amended by
Ordinance 69.027 to the planting time stated as "within two
years" (by 2/21/91).
April 21, 1992. Baby pool" amendment approved contingent on the planting
of a solid, Ilving screen along the northern boundary line.
April 28 • June 11, 1992, Various screening aiternatlves discussed by the staff and the
applicant.
August 13, 1992. Specific screening materials agreed upon by staff and
applicant.
October 14, 1992. P & z recommends further amendment to SUP specifying;
" One (1) year old Eastern Fled Cedar trees, by
12/31/A4.
* Spacing at six (6) feet on center, In two rows which
are five (6) feet apart (roughly 243 trees).
* Sufficient water.
* Required maintenance of plantings for four (4) years
(12131/96).
November 17, 1992, Council adopts proposed amendment by Ordinance 92.196.
DISD Is proposing to rezone the property and locate their Special Education offices on
the site,
NOTICE
Fifteen (16) notifications were malted on December 1, 1995. At the time of preparation
of this report, no replies had been recelved.
ANALYSIS
Intensity
The proposal Is to rezone 8.3271 acres from SUP 160 (undariying Agricultural (A) zoning)
to the Office Condltloned (O(c)) zoning distrlut so the DISD can use the existing building
as offices for Its Special Education program(s), The overall Intensity allocatlon for the
YMCA Rezoning Page 2
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Date ~
property is 500 Intensity trims (8,3271 acres x 60 t/d/ga), The plan era on
F7 for Offloe/Governmental uses of 16 trips per 1,000 square feet, Using this
standard, and the allowed 600 maximum trip Intensity, yields a m.axlmum square footage
for Offloe/Govtrnmental use of 33,333 square feet, which Is conslstant with the Denton
Development Plan, The original proposal was to use both the existing building (3,600
square ((,.et), sand a 24' x 36' portable building (1,636 square feet), for a proposed total
of 6,036 square feet The Commission recommended approval of the original request
with the condition that the maximum amount of square footage not exceed ten thou:iand
(10,000) square feet The applicant has amended the request to use only the square
footage of the existing building, and allow Community Centers (Private) with a specific
use permit which would enable the YMCA to resume using the property at a later date.
From the Plan;
If the Intensity generated In the area by the exlsting development and zoning does
not exceed the standard, then the trip generation Intensity is allocated to the
proposed development under the general pol'zy of proportlonate share •..11 a
specific request violates the general policy of proportionate allocation a
determination should then be made whether there are planning conslderm!ons
that would warrant approval of a disproportionate allocation of Intensity.
Since the proposed Intensity does not exceed the maximum allowed by the Plan, the
four point analysis is not performed. Addltlonally, the applicant is proposing to limit the
uses on the site to Office, Professional and Administrative, Off-Street Parking Incidental
to the Main Use, and with approval of a speclflo use permit, Community Centers
(Private).
Concentration
The Denton Development Plan poiloy regarding concentratlon of nonresidential uses In
low Intensity areas Is not met by this proposal, as the total acreage (8.3271 acres)
exceeds the maximum allowed by the Plan of two acres with access to a collector street
(Riney),
Separation
The Denton Development Plan pollcy regarding the half mile separation between non
residential uses in law Intensity areas is met by this proposal.
Other Policies
Low density residential, small scattered sites of apartments, and nonresidential uses are
encouraged In all areas of the City subject to the following llmltatlons:
1. Strict site plan control within 1,600 feet of exlsting low density residential areas.
Developments must maintain the character of the area with archltectural design
and landscaping,
YMCA Rezoning Page 3
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ly, Walther the Commission nor the Counoll ha no~ re~q"ulr`°ed rite-pTari---
review for requests of this nature, No site plan has been submitted, and the
applloant is proposing nothing further than use of the existing building, However,
It Is within the discretion of the Council to require the submittal of a site plan
detailing the arrangement of the site as far as bulldings, parking, landscaping,
access, eto.
2. Traffic design to ensure that multi•famlly and nonresidential uses have access to
collectors or larger arterials wth no direct acoess through resldentlal streets,
The site has access to Riney whloh is a collector level street. Thee is no
proposed access to any residential streets.
3. The overall denslty/intensity standard Is not violated,
The overall density/ Intensity standard is not violated by the proposal.
4. Sufficient green space, recreational facllitles and diversity of parks are provided,
The applicant fs leaving the remainder of the property vacant, no recreational
facilities are proposed, nor are parks or addltlonal landscaping,
~~MMBNDATICN
The Commission recommends approval of the rezoning, subject to the foliowing three
conditions,
1. That the list of uses be as proposed in Attachment 3.
21 The gross square footage of all bulldings on the property not exceed 3,500 squaro
feet for the Office, Professional and Administrative use.
3. That the existing SUP not be deleted with this rezoning This would allow the
YMCA to return without another zoning case,
ALTERNATIVES
1. Approve another zoning dlstrict or combination of zoning districts.
2. Approve application with condltlons,
3. Deny the application,
4. Postpone conslderatlon,
TT C IMTS
1. Locatlon map.
2. Applicant exhibit
3, List of permitted uses.
YMCA Rezoning Page 4
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List of Permitted Uses r)aloV
Offices, Professional and Administrative
Off-Street Parking
List of Uses Permitted With the Approval of a Specifio Use Permit
Community Center (Private)
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P&2 Minutes tgcndo tla. c,lQr.
December 13, 1995
Page 21
X, Hold a public hearing and consider rezoning 8,3721 acres (YMCA site) from Speciflo Use
Permlt (SUP) 180 (underlying Agricultural (A) zoning) to the Office Conditional (O('c])
zoning district for the DISD to locate its special education offices on the site The subject
property is located on the northwest corner of Windsor and Riney Road, (295.030)
Ms, Russell opened the public hearing,
Mr, Reeves; We had this request on the agenda at our last meeting, After the meeting the
school district had second thoughts about their proposal and came back with an alternative.
They decided to not have a portable building and we reworked the permitted uses which will
allow offices, professional and administrative, off street parking, and then as a use requiring
a speelflo use permit would be a private community center As you will note in the
recommendatlon portion there are actually three conditions, Those being that the list of uses
be as proposed In Attachment 3, the gross square footage of all buildings on the property not
exceed thirty-five hundred square feet for the office use, and that the existing SUP not be
deleted with this rezoning as this would allow the YMCA to return at some Niure dale
without having to go through another rezoning case. We did have two responses to our
notice, There was one In favor and one opposed.
Ms. Russell; Would the potitioner care to speak?
Mr, Mike Eubanks; My name is Mike Eubanks and I am with DISD, I appreciate you all
letting us come back again. The main reason that we came back Is that we had contact from
several of the neighbors concerning the portable building. We are trying to be good
neighbors so we rearranged our office areas for the special education where we can put
everything In the existing building, One of the concerns of the neighbors was that onre the
district leaves and the YMCA sells the property they don't want a strip center or anything
else to move In there. What we are agreeing to do Is to use the existing facility and not
expand it at all. We are not going to move any other bulldings on the property,
Mr, )ones: What are you going to do with the pool?
Mr, Eubanks; We are just going to maintain It and operate the pumps so that when the
YMCA comes back they can use it. We have no plans of opening It up.
Mr. Steven Cundalh My name Is Steven Cundall and I live at 4017 Atlas. I would like to
thank Mr. Reeves, Mr, Salmon, Mr, Yost, and Chris for all of their help. After the last
meeting I went and talked to Mr, Norman Sisk who is the executive director of operations
at DISD He did not realize that the neighborhood did not like the portable building. }le
said that If he had known that they never would have recommended putting it there, Tile
only reason why they have a portable building Is that they bought It from (lie Super Coliider,
That Is why they are changing that and I talked to a variety of people .vtd I didn't talk to
anybody who was in opposition to this, The only thing that we do have a question about is
the office conditioned zoning. I am tint opposed to it but there Is a lot of vacant property
in our area and we are concerned about what this land will be. We are concerned about the
1P&z Minutes
t December 13, 1995 J n rr _4.
Page 22
future of this
j area, I am in favor of this.
f Ms. Russell Is there anyone to speak In favor?
will close the public hearing 1s tharo anyone. to speak in Opposition? we
,
Mr, Reeves; Under the iw ills of this zoning the school dls(rlct would not be able to open
the pool up.
Ms. Plemming; Are the fields at the YMCA still being used?
Mr, Eubanks; The YMCA will use the fields for Tee Ball and Soccer. We are going to use
one of the fields for softball.
Ms. Schertz; Is the applicant aware of the three conditions?
Mr. Reeves; The proposal to Ihnit it to the existing bullding was their own request. The
list of uses, we changed those to accommodate the YMCA coming back and the last
condition is their's so that the YMCA can come back without having to go through the SUP
process again
Mr. Cochran; Could they lease the pool to the City?
Mr, Reeves; I don't know about loasing it to the City but the YMCA could still operate ft.
llI
Mr. Robbins; Doesn't matter, this is not an Issue of who owns it. It Is an Issue of how the 1
land would be used. The zoning doesn't apply to who owns It, It applies to the use of the
land. Someone could use ft as an office or use the SUP that allows for those recreatlonal
uses
Mr. Cochran; I move that we approve this subject to the following conditions, that the list
of uses be as proposed In Attachment 3 which is offlces, professlonal and administrative, off
street parking, and that It can be used as a private community center with a speciffe use {
permlt. That the gross square Wage of all buildings on the property not exceed thirty-five
hundred square feet, and that the existing SUP not be deleted with this rezoning which would
allow the YMCA to return.
Mr, Powell; Second,
Ms, Russell; Any discussion? All in favor please raise your right hand. Opposed same
sign, Approved, (7-0)
a
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) (WI'T'H SUP 180) ZONING DISTRICT CLASSIFI-
CATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0(C)) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 8,3271 ACRES OF
LAND DESCRIBED AS LOT 1, BLOCK 1, OF THE YMCA ADDI'T'ION, LOCATED ON
THE NORTHWEST CORNER OF RINEY ROAD AND WINDSOR DRIVE! PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS
THEREOFS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Independent School District initiated a
change in zoning, for 8,3271 acres of land described as Lot 1,
Block 1, of the YMCA Addition from the Agricultural (A) (with SUP
180) zoning district classification and use designation to the
Office Conditioned (O(c)) zoning district classification and use
designation1 and
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4 WHEREAS, on December 13, 1995, the Planning and Zoning Commis-
sion recommended approval of the requested change in zonings and
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WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plans NOW, THEREFORE
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION I, That the zoning district classification and use
designation of the 8,3271 acres of land described as Lot 1, Block
1, of the YMCA Addition, is changed from the Agricultural (A) (with
SUP 180) zoning district classification and use designation to the
Office Conditioned (0(c)) zoning district classification and use
designation under the comprehensive zoning ordinance of the City of
Denton, Texas, subject to the following conditionst
1. The uses described in Exhibit 1, attached hereto and
incorporated by reference herein, are permitted,
2. The total amount of square footage for all buildings on
the 8,3271 acres not exceed three thousand five hundred
(3,500) square feet for office, professional and adminis-
trative use,
19I N II, That existing specific, use
this property shall remain intact until repealedior superseded,to
SECTION III, That the City's official zoning map is amended
to show the change in zoning district classification,
SECTION IV, That any person violating any provision of this
ordinance shall, upon conviction, be fired a sum not exceeding
$2,000,00, Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
B
~;jlJNUa Will
`-er
BECTIO -v, That this ordinance shall become effe r v wrW
teen hereby directed from the date of ctive four
is hereb its passage, and the City Secretary published t to cause the caption of this ordinance to be
published in twice
the inCitheofD Deneton Record-Chronicle, a daily newspaper
date of its passage, ty nton, Texas, within ten (10) days of the
PASSED AND APPROVED tliis the
.day of 1996,
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ATTESTr SO CASTLE;3ERRY, MAYOR
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JENNIFER WALTERS, CITY SECRETARY
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BY,
APPROVED AS TO LEGAL FORM,
HERBERT L. PROUTY, CITY ATTORNEY
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EXHIBIT I LList o1 Pennilted Uses e_l~-
Olfioes, Professional and Administrative
MStreet Parking
List of Uses Permitted Wlth the Approval of a Speolfio Use Permit
Community Center (Private)
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DATE; January 2, 1996
CITY COUNCIL REPORT FORMAT
TO; Mayor and Members of the City Counotl
FROM: Rlok Svehla, Aoiing Cily Manager
SUBJECT: Hold a publlo hearing and consider an ordinanoe amending the petalled
Plan of PD-6 to ohange the side yard selbaoks for Lois 44R through 61R
of the Woodlands of Township il, The subjeot property is looated on the
east side of Timberidge, south of Wilderness,
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RECOMMEN 7 O
S
The Planning and Zoning Commission recommends approval of the amendment
(7-0).
SUMMARY;
See Planning and Zoning Commission Report,
BACKGROUND:
See Planning and Zoning Commission Report,
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4 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applloable,
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FISCAL IMPACT:
None.
Respeotfuliy submitted;
i
iok Svehla
Aoting City Manager
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Apenda No.
r,n!glld 1IgFA
Prepared by
Walter E, Reeves, Jr,
Urban Planner
Approved;
Frank Robbins, AICP
bi~e0tor
Planning and Development
Attachment 91, Planning and Zoning CJmmIssion Report,
Attachment #2; Ordinance,
Attachment 03; Draft minutes of the December 13, 1995, P & Z regular meeting.
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noenda uo , ~F' ~~„l
PLANNING AND ZONING COMMISSION -z--_.~ -
To: City Councll
From: Planning and Zoning Commission
Date: January 2, 1995
Subjeot: Z-95-035
GENERAL INFORMATION
Applicant: Nelson Corporation
5999 Summerside Dr„ Suito 202
Dallas, Texas 75262
Owner: Denton Oaks Phase I, LTD
8100 Lomo Alto, Suite 180
Dallas, Texas 75226
Aotlon: Amend the detail plan of the Woodlands of Township II, to change
the required side yard setback for Lots 44R-51 R
Looatlon: The subject property is located on the east side of Timberidge,
south of Wilderness,
Surrounding Zoning and Land Use:
North: Vacant, Single Family 7 zoning and vacant Light Industrial
zoned land.
South: Single family residential use In PD-6,
East: PD-6, proposed "cluster housing," across Colorado
Boulevard Is muitldamlly use,
West: Single family resldentlal In PD-6.
Denton Development Plan: Low Intensity Area 462 (190% allocated).
SPECIAL INFORMATION
The property Is already platted ate Lots 44R-61 R of the Woodlands of Township II,
BACKGROUND
Planned Development 6 was originally approved in 1969, In 1981 an amendment was
approved for Lots 1 R-16R amending the lot size to approximately 7,000 square feet,
In 1984, a concept plan amending PD-6 was approved on 56.027 acres which
Included this property, That concept plan permlttad: single family use on 45' x 120'
lots, single family use on 80'x 120' lots, "cluster homes" at a density of 12 units per
acre, two-family use, and open space. In 1988 a replat and detall plan amendment
was approved Including the subject property (42R-51A)• Part of that amendment
included changing the setbacks to 25 foot front yard, 5 foot (one side) and 23 foot
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(other side) side yard, and 10 fool rear yard. The amendment also required that the
maximum first floor footprint be 2,800 square feet, In 1993, lots 1 R•13R were
rezoned from PD-6 to Single Family 7,
NQ-110E
Nine notices were malled on December 1, 1995. One reply was received, In favor of
the request.
ANAL $IS
The change proposed here Is a minor amendment to change the side yard setbacks
from 5 and 23 feet to 6 feet for both side yard setbacks, This change will have no
effect on density, Intensity of the project, or the overall Intensity of area 462, The
owner of Lot 43H did contact the staff and express a desire to have any driveway for
Lot 44R on the north side of the property
Additionally, the proposed detail plan amendment also shows Lots 44R.51n as being
for "cluster homes" at a density of 12 units per aore, While the existing detail plan
(adopted by Ordinance 88.191) has this note also, It Is in error The rest of the
documentation associated with Ord. 88.191 Indicates that these lots are for single
family residential use, and not "cluster homes." As such, the detail plan amendment
needs to be corrected by deleting the note on "cluster housing" for these lots.
Attachment 3 indicates the various side yard setbacks located throughout the area.
As can be seen, there Is a variety.
RECOMMENDATION
The Commission recommends approval of this request, subject to the condition that
the detail plan be amended to remove the "bluster housing" note.
LTER T V S
1. Approve the request without conditions,
2. Approve the request with additional conditions,
3 Deny the request,
4. Send the request back to P & Z for further consideration,
4. Postpone consideration.
ATTACHMENTS
1, Location map.
2. Proposed Detail plan amendment.
3. Area side yard setbacks,
Page 2
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P3cz Minutes AOW4 t1o. d~--~
December 13, 1995 fAI~ua
Page 23
XL Hold a public hearing and consider an amendment to the detailed plan of PD-6 to change the
sidoyard setbacks of Cots 44R to 51R of the Replats of the Woodlands of Township Ii, Block
A. The subject property is located on the east side of Tlmboridgo, south of Wilderness,
(Z95-035)
Ms, Russell opened the public hearing.
Mr. Reovost This property Is In a planned development and basically what the applicant
wants to do Is change the side yard setbacks, The original plan called for five feet on one
side and twenty-three feet on lino other side and that way down the block The request is to
change the side yard setbacks for Lots 44R through 51R to six feet on both sides which Is
consistent with Sp-7, We did send out notices for this We did not get any written
responses, The owner of Lot 43R did express a desire that any driveway built on lot 44R
be built on the north side of the lot. In doing my research on this case I also noticed that the
adopted detail plan has a note on It that says there Is an area for cluster housing, In fact It
is not, It is actually single family housing, All the documentation In the file shows that it
was supposed to be single family housing. Somehow the detail plan has this note attached
to it that says otherwise which Is not the case Staff recommends approval of the amendment
to the side yard setbacks subject to the condition drat the detail plan Is amended to remove
that cluster housing note, We are also recommending that a condition be added that the
driveway for lot 44R be on the north side of the property to accommodate the owner of Lot
43R to the south.
Ms, Russell; Would the petitioner care to speak?
Ms, Hollany Fieedmaw My name Is Hellany Fleedman and I am with the Nelson
Corporation. 1 am here representing the owner for the property. I would like to say that we
are In agreement with removing the cluster housing note from the detail plan but the request
for the driveway location of Lot 44R we feel Is a little bit unusual and we would hate to see
that restriction put on Lot 44R. Further discussions with the owner of the property have
found that the existing driveway for Cot 43R encroaches Into Lot 44R Field Investigation
did find this to be true, My client does want to be a good neighbor and I am not sure how
that situation will be handled In the future. Lot 43R does have a difficult situation. It is
a pia shaped lot on a cul-de-sac and the frontage Is very narrow. Also (lie lot has a fire
hydrant, a light pole In the front and trying to work around these Items Is why the driveway
encroaches onto Lot 44R. Hopefully you can sympathize and understand that placing
another restriction on our lot whon there is already a driveway in our lot that should not be
there, that It Is a little bit unusual and we would hate to see that restriction. Lot 44R Is a
smaller lot and It is encumbered with a sixteen foot ull1hy easement.
Ms, Russell; Is there anyone to speak in favor of the petition? Anyone to speak In
opposition to the petition? We will close the public hearing,
Mr, Reeves; There was one reply and it was in favor.
7.
`i
P&z Minutes A 11
-
December 13, 1995
Page 24 ~
Mr, Powell That request by a property owner to do something to another lot, that is
unusual, why diva you go along with that? I don't see why as a Commisslon we would got
involved In telling someone where they could put tlwir driveway.
Mr, Reeves; My thinking was that it did not seem all that unreasonable and I anticipated
that this question would come up, 1 would rather recommend It to you and lot you decide
that you don't want to do It rather than not recommend It and have you ask about It, I don't
have any real strong opinion on it one way or the other.
Mr, Powell I move we recommend approval of the amendment to PD G changing the
required side yard setbacks, for lots 44R through 5IR of the Woodlands of Township 11,
from five feet on one side and twenty-three feet on the other to six feet for both sides subject
to the condition that the cluster housing note be removed,
Mr, Jones Second
Ms. Russell; Any discussion? All in favor of ilia motion please raise your right hand.
Opposed same sign, Approved (7.0)
I
i
J
^ n'jen^.~I In
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE DETAILED PLAN OF LOTS 44R-51R OF THE WOODLANDS OF
TOWNSHIP II, A PORTION OF PLANNED DEVELOPMEN'T' DISTRICT SIX (PD-6)
LOCATED ON THE EAST SIDE OF TIMBERIDGE STREET, SOUTH OF WILDERNESS
STREETI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,()00,00
FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Nelson Corporation has applied for an amendment to
the detailed plan applicable to Lots 44R-51R of the Woodlands of
Township II, a portion of Planned Development District Six (PD-6),
said district having been originally established by Ordinance 69-
351 and
WHEREAS, on December 13, 19951 the Planning and Zoning
Commission recommended approval of the requested amendment to the
detailed planr and
WHEREAS, the City Council, finds that the amendment to the
detailed plan will be in compliance with the Denton Development
Plane NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That the detailed plan for the PD-6 zoning
district classification and use designation applicable to property
platted as Lots 44R-51R fo the Woodlands of Township II, is hereby
amended as shown in the amended detail plan attached hereto and
r incorporated herein by reference as Exhibit 1, and the prior detail
plan is hereby superseded to the extent of any conflict.
SECTION II. That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance Nos. 69-35, 88-
191, and their amendments.
SECTION III. That a copy of this ordinance shall be attached
to ordinance Nos, 69-35, 88-191 and their amendments, showing the
amendments herein approved.
SECTION IVY That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000,00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense,
ECTION V. That this ordinance shall become effective
fourteen (14) days from the date of, its passage, and the City
-
~i
1.
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the C;.ty of Denton, Texas, within ten {10)
days of the date of its passage,
PASSED AND APPROVED this the day of 1596,
808 CASTLEBERRY, MAYOR
1
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYi
I
APPROVED AS TO LECIAL FORMS
HERBERT L, PROUTY, CITY ATTORNEY
i
d
'st}
Q
CITY COU{VCIL RppoRT aP(4 Ib,.=.l.~O~..~--pd
Agmw Ina,.Qt~. 3
Do t
TO Mayor and Members of tho City Council
FROM; Rick Svehla, Acting Clty Manager
DATE; January 2, 1996
SUBJFC')'t Detailed Plan of Lois I and 37, Block I, Bent Oaks Addlilon, for two 2-story offices,
RBCOMM1sNDATIOM The Planning and Zoning Commission recommends approval,
SUhIMARYi See attached report.
BACKOROUNDt See attached report,
PROGRAMS, DE'PARTME'NTS OR GROU!'S AFFE'CI'M
Property owner, Surrounding neighborhood,
FISCAL IMPAM
None.
RESPECTFULLY SUBMITTED;
J1
1 ~ 11
Prepared by: Rick Svehla
Acting City Manager
Ci, Owen Yost,
Urban Planner 'i
Approved:
C~
?'ilacnckto'.'o Ins, AI P
rr of
Planning & Development
h
it
Ali
Aomb Ho
REPORT _.a.._W_._w.._...
To: Mayor and members of the City Counoll
Case No,: Z•95.026 Meeting Date: January 2, 1996
INFORMATION
Applloant) Marvin Morgan
1704 Lynhurst
Denton, TX 76201
Current Ownen same
Requested Aotlon) Approve a De
felled Plan of Lots 'I and 37, Block 1, Bent Oaks
Addltion, for two 2 story offices, with 4,964 sq. ft, (oath) of
enolosed space,
Location and Size) 1.199 acres, located on the west side of P.M, 2181, at Dent
Oaks Dr,
Surrounding Land Use and Zoning:
North - City of Denton fire station and library In PD-16 zoning,
South - Undeveloped SF-10 land,
East - Rlght-of way of F,M 2181 (Teasley Ln,)
West Mixed duplex and single-family resldentlal use in 110•65
zoning,
Donlon Development Plan:
Low Intensity area No. 82 (78% allocated)
SPECIAL INFORMATION
o " ransportation:
Born Dent Oaks Dr, and P,M 2181 are currently built to handle the proposed offices,
The proposed driveway entry locations on Bent Oaks Dr. follow the standards of the
subdivision regulations,
• Drainage:
Currently constructed drainage fecllitlos are satisfactory.
II,
d
. r;
• Landscaping;
The applicant will provide landsoaping which follows the landscape ordinance
standards A landsoape buffer will also be provided, where the proposed bulldings abut
realdentlal use, as shown on the detallod plan (between the proposed offices and the
existing masonry fence),
0 Utilities;
Current public faoilitles are adequate to handle the proposed use,
HISTORY _
The entlrety of Planned Development No, 66 was approved in 1984, to include the two
subject off loo lots, It was also platted at that time In 1987, the PD was replotted,
but with no significant change to the two office lots,
In 1992, much of the PD was detailed planned, excluding the two offloe lots before
you, Lots 1 and 37 remalned designated for 1-story office use, Therefore, this is a
detailed plan of two zoned and platted lots, the datalled plan of which must be
approved before construction can start,
An elevation of the southernmost offloe building vas presented to the
Commission which showed that no window above the main floor would face the
residences. The applicant has recently supplied an elevation of the northernmost
building which shows the soma attribute In general terms, the two building are
"flipped
The structures proposed are "2 stories," The bullding would have 2 floors of offices.
The original Planned Development ordinance, however, designates the lots for one-
story offices; but does not address roof pitch at. al,
NOTIFICATION
On October 27th, 20 notloes of the proposal were mailed, contalning the site plan, to
all property owners within 200 feet of the alto, The applicant has spoken with a
number of neighbors prior to submitting that plan. Also, notloes were mailed to the
same people for the Commission meeting of 12/13196.
As of this writing, there have been four written replies to the notloes received In favor
of the proposal, and six In opposition. The opposition equals 13,8% of the land within
200 feet. It should be noted that one property owner in favor of the proposal owns
11 lots in the subdivision. In addition, the Sant Oaks neighborhood submitted a
petition of opposition (Att 4) at the hearing of November 8th 36 people had signed
the petition, three of whloh are owners within 200 feet of the alto whose name
appears on the latest tax rolls,
Courtesy (unofficial) notices were sent to five indivlduals In the subdivision, at the
neighborhood's roquost Ten responses, all negative, were received
Bentoaks Detailed Plan - -
Page 3
On November 9, 1996, the Immediate nelghborhood held a meeting, whloh the sellor,
the prospective office user, and City representatives attended, Approximately 30
residents attended. No oonoensus or agreement on design Issues was reached,
ANALYSIS
The Planning & zoning Commleslon sees the "2 story" proposal as being basically In
compliance with the approved, 1984 Planned Development concept, though not the
letter of the original Planned Development, It should be noted that office usage above
the maln floor would be minimal, and In no case would a window overlook the
residential part of the subdivision
The proposal was analyzed for compliance with applicable policies of the Denton
Development Plan (DOP);
INTENSITY
The intensity trips for this land use have already been allocated, by Ordinance 87-064,
so this Plan requires no additlonai Intenslty trips, When this Planned Development was
created in 1984 land revised in 1987), the required Intensity trips for the office lots
were allocated
At this stage in the analysis, Other policies are applicable to old in your design review
of tho Detailed Plan,
BUFFEMNG3
Extensive plantings, coupled with an existing briok wail, would buffer the abutting
rosldentlal lots effectively, and be similar In charaoter to the proposed standards of the
Mixed Use District,
STRIP COMMERCIAL;
The DDP recommends atainst any development that would further "strip
commercial" development, rho proposal is not In vlolatlon of this policy, since the
right to use the land for oiToas is already in existence. Also, the design of the two
offices Is compatible with the character and design of the residential nelghborhood,
SITE PLAN CONTROL;
Within 1600 ft, of a residential area, the DDP requires otrlct site plan control. The
Intent of this is to malntaln the character of the area with architectural design and
landscaping, The Commission felt that the design of the structures and the site would
be In keeping with the residential character of the area.
it
y.
..,h
Bentoaks Detailed Plan
Page 4
TEASLEY LANE POLICY
Vehicular access to F,M 2191 Is to be restricted, Also, further Intrusion of high and
moderate Intensity land uses Is to be restricted The Ccmmisslon noted that the offloe
use was approved In 1984, and the Detailed Plan did not constitute further intrusion
RECOMMENDATION
Although the approved Planned Development conceptualizes the use of the site for
offices, the detailed plan before you allows review of the site design
Since the Detailed Plan (Including the elevations) Is In compliance with the approved
zoning, and applicable DDP polloies, the Commission recommends approval,
ALTERNATIVES
1. Approve application as proposed,
2. Approve application with conditions,
3. Deny applioation,
4, Postpone (to spooifio date).
B. Table (indeflnitely),
ATTACHMENTS
1. Location map,
2. Detailed Plan, Including elevations (4 shoots},
3, 1984 Concept map/plot
4. Petition
61 Commission minutes,
' I
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ATTACfIMF;NT ,
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No, the undersigned residents of Bentookr 1 110 K - I.
Denton, Texas, hereby register our diomppr v 40 the proposed building of aoamaeraial proper s -1 . i
entrance to our subdivision on eithAr ic~a oit Aentoaks
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NAME ADDi XOS DATR
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P&2 Minutes
December 13, 1995
r
ATTACRMraNT 5
, . ,
Page 5 W'~o
IV. Hold a public hearing and consider the votailed Plan of Lots 1 and 37, Block 1 of the Bent
Oaks Addition for offlco use. The 1,199 acre tract Is located on the west side of P.M. 2181
(Teasley Lane) at Bent Oaks Drive, (295.026)
Ms. Russell read the rules for the public hearing and opened the public hearing.
Mr, Yost; This proposal is for 1.2 acres for office buildings The original planned
development In 1984 said one story office. The proposal Is for a one and a half story
building. Staff is considering that to be two stories. The one difference from the Novembet
8th meeting Is that the elevation Is now a part of the detail plan so It will have to be built
according to the detail plan, There were fifteen notices sent out, Within the two hundred
feet notification there were three In favor and four in opposhlon There were five courtesy
notices sent out Slaff would like to make a recommendation on this, Staff would
recommend approval with the condition that the one and a half story be changed to read two
stories.
Ms, Schertz excused herself due to a conflict of Interest at 6,45 p,m,
Ms, Russell: Would the petitioner care to speak?
Mr, Marvin Morgan; My name Is Marvin Morgan and I live at 1704 Lynnhurst herein
Denton, We have meet with the neighborhood. The opposition that we saw In the
neighborhood meeting was that they wanted It to remain as a greenbelt. These two lots are
zoned for office and we feel that we are going to put up something that will enhance the
neighborhood. We would appreciate your consideration
Ms, Carol Evans: M y name is Carol Evans and I live at #14 Hlghvlew Circle I own
Keller Williams who will own the building or) the south side, I did attend the neighborhood
meeting In hopes that I would be able to answer some of the questions that were raised and
I was asked very few questions. I passed out plans of our building. The main feeling was
that they wanted a park or a greenbelt versus a building. I want to make some points about
the buildings that will be built. There are two lots but the buildings on each lot will be
matching buildings, I consider this to be a one slorywith two floors. The structure would
be the same whether It had one or two floors, The architecture that we are using is similar
to a house that Is being built on La Mancha In Monicelto Doi Sur, At Oakmont there Is an
insurance building being built at the front. Our buildings will give a great presence to the
entrance of the subdivision When I left the meeting it was obvious to me that they were
going to try to purchase the property,
Mr, Bill Simms; My name Is 13111 Simms and f live at 3201 Tower Ridge In Denton, I own
one of these lots and several lots in the subdivision I was surprised at the last meeting I
thought we were going to look at whether or not it met city standards. We have a good
client, a good builder, and I think that we have a good design. I am concerned because I
do own some lots there and I certainly don't want anything detrimental to the subdivislon,
if
0.
oxy
P&Z Minutes
FL Lo .
December 13, 1995 em
Page 6
Mr, Ed Bright; My name Is Pd Bright and I live at 2400 F.M. 2181, I own the other lot.
When we bought this land we converted It from zero lot line and duplexes to single family
development, We think that we have upgraded the subdivision, We have mowed and
maintained all of those lots out there, I have not sold a lot and neither has Mr, Simms, I
think Mr, Phillips sold one lot to an Individual, All of the other lots In the subdivision have
been sold to custom homebuliders The people who are here tonight did not buy their lots
from me, they bought them from the person that built their home, In 1994 we made an
amendment to the detail plan to convert Lot 7 and 8 to single famlly, We had our
neighborhood meeting and we would be real hard pressed to flnd another person to develop
these two lots and do as well.
Ms, Russell When were those lots zoned office?
Mr, Bright; Eleven years ago. The question of buying these lots was raised at the
neighborhood meeting, I was asked the price, I quoted the price, and I have not heard
anything else from them, I assume that they are not Interested,
Mr, Barry Phillips; My name Is Barry Phillips and I live at 1148 Bent Oaks Drive. I am
the Chairman of the Architectural Commhtee for the subdivision and I am also a partner
with Mr, Simms and Mr. Bright. I do not own any of the property up front but I do own
some adjacent property. We looked at the plans and specifications and they do meet all of
our requirements concerning the subdivision covenants regarding the architectural aspects
of the exterior of the building, We have numerous buildings in the subdivision that are
approaching three thousand square feet and one Is almost four thousand square feet, The
roof meets our standards, the landscape is going to be very attractive and offer screening to
the subdivision from the noise of the highway. The roads and the entrances are in
accordance with the city requirements and they meet the traffic requirements of your staff,
We looked at all of those aspects, The homeowners meeting was announced at the last P&7,
meeting and was after the P&Z meeting so It didn't give us an opportunity to give a
presentation up front. From aesthetics this is a nice looking development. There will be no
windows on the second floor overlooking; the subdivision, We have. eleven two story houses
in the subdivision so this is not going to be overweiming to the rest of the areal Concerning
the school children and getting to school they will not have to go on F, M. 2181. The water
and the drainage problem has been resolved and this will not adrl to that,
Ms, Margaret Green, My name Is Margaret Green and I Ilve at 1150 Bent Oaks, When 1
mover! there In October I knew that these would be bullt• I have no opposition to It. It will
cut the noise and make a very pretty entrance.
Ms, Russell; Is there anyone else to speak in favor of the petltlon? Is there anyone that
would like to speak in opposition to the petition?
Mr, Dean Garner: My name is Dean Garner and I live at 3002 Manor Court North. The
first cul-de-sac as you come Into the subdivision, We nppreolaie the Commission's concern
on the subdivision and realize that this Is a community concern, Many of the things that
were already mentioned are true. We would prefer for it io remaln a green space, Mr,
'r
i,
P&z Minutos
December 13, 1995 rn t , _
Page 7 o,to: r~
Robbins was going to look at having access on Teasley,
Mr, Robbins; We looked at that and the staff Is not in a position to support that because It
would create a more unsafe situation and would have folks attempting to make u-tums to got
Into the property because thero Is not a modlan cut on Teasley There Is not a curb out or
median access on Teasley, We limit the curb cuts on through traffic streets or arterials like
Teasley, It would create another conflict point for the through traffic which is a safety issue
as well as a capacity of the street issue
Mr, Gamer; That creates a problem for the subdivision because children play In that cul-de-
sae The concern is the added traffic that it will create, According to this there are no
sidewalks out front, is that correct?
Mr, Salmon There would not be any sidewalks because these lots were platted back in the
80s before sidewalks were required There Is no more consideration of public Improvements
In this case because the lots are already platted and filed.
Mr, Gamer; I am In opposition because of the effect It will have on the subdivision and the
traffic that will be coming Into the subdivision,
Mr, Cochran What did you think was going to happen with those front lots?
Mr, Gamer; We didn't think about what it was going to ba because we had a week to about
a week to find a home, We were transferred here from Farmington, New Mexico, We
looked at many existing homes. We got In contact with a builder and there were two places
where we looked at building. We liked the way that the subdivision looked and on
negligence we didn't do any investigating,
Mr, Moreno; On Attachment 6, Is that a viable means for the children to get to school?
Mr, Gamer, There really is no good place for them to walk, The concern that I have Is that
at the same time that they are walking to school people are leaving for work and using the
same alleyway,
Mr, Powell; Whether those two front lots are built on or not it will not have any effect on
how the children get to school,
Ms, Russell: Is there anyone else to speak In opposition to the petition? We will close the
public hearing,
Mr, !ones; I move that we recommend approval of the detail plan associated with case Z.
95026 with the condition that the detail plan be amended before revlew by Council to say
two stories.
Mr, Powell: Second. I would IIke to talk to the petitioner, the land owners, and any other
developers. I was disappointed in that the pet!:loner had not done his homework and he was
v
r
s,
Agenda No.
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P&Z Minutes ~ _
DRx.ember 13, 1995 1e~
Page 8
not propared, You had to wait thirty days but It was your own fault, Do your homework
before you get here and you will get through us a lot easier, We don't have any desire to
hold anybody up for thirty days, This Attachment G explains about ton things that I didn't
know the last time, If it had been here we probably would have voted,
Mr, Jones; If on any future development we stop It, if the developer and the petitloner have
not meet with the neighborhood, if we stop it at that point and table It, that would be fine
with me. I do not have a problem with tabling It until they do meet, We got through these
things much easier once that visitation has taken place,
Mr, Moreno; Last lime I was having problems reconciling the neighborhood oppositlon.
Neighborhood opposition Is something that I am still sensitive to even though they are
outside the two hundred foot nollfication area, I would still like to see sidewalks built on
the Teasley Lane side so that the school children have an alternate way to get to school,
Mr, CCochran, 1 would Ilke to talk to the neighborhood and put some responsibility on their
side They should look at the surrounding land and check to see what the zoning Is, It has
been a matter of public record for quite some time, The idea of green space Is a good Idea
If you have the money to buy the land. The developers have followed the rules
Ms, Russelk Any further discussion? All In favor please ralse your right hand, Opposed
I same sign, Approved, (5.1) Mr, Moreno opposed.
f
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' i
A,•~Er,daff Item 1~_~n „e~
ORDINANCE N0,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 83-
140 AND 87-054 BY APPROVING A DETAILED PLAN FOR A 1,199 ACRE TRACT
OF LAND WITHIN THE PLANNED DEVELOPMENT 65 (PD 65) 7,ONINO DISTRICT
CLASSIFICATION AND USE DESIGNATION, LOCATIT ON THE WEST SIDE OF
PM2181 AT ITS INTERSECTION WITH BENT OAKS DRIVE1 PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS T14EREOPl AND
PROVIDING FOR AN EFFECTIVE DATE,
( WHEREAS, Marvin Morgan has applied for an amendment to Planned
Development District 65 (PD 65), established by Ordinances 83-140
f1 and 87-054, and for approval of a detailed plan for a 1,199 acre
tract of land located therein on the west side of FM2181 at its
intersection with Bent Oaks drivel and
WHEREAS, on December 130 1995, the Planning and Zoning
commission recommended approval of the requested zoning amendments
and
WHEREAS, the City Council finds that the zoning amendment will
be in compliance with the Denton Development Planj NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi
SECTION I, That the detailed plan for a 1,199 acre tract of
land described as Lots 1 and 37, Block 1 of the Bent Oaks Addition,
located within Planned Development District 65 (PD 65), attached
hereto and incorporated by reference herein as Exhibit A, is hereby
approved in accordance with Division 2 of Article IV of Chapter 35
of the Code of Ordinances,
j9EG'TION IT That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance Nos, 83-140 and
87-054,
i
9i„~,,CTION .III That a copy of this ordinance shall be attached
to Ordinance Nos, 83-140 and 87-054, showing the amendment herein
approved,
SECTION IV, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00, Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense,
f
SECTION V, That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
nda Ilyui
Da1c.,
i
paper of the City of Denton, Texan, within ten (10) days of the
date of its passage
PASSED AND APPROVED this day of 1996,
BOB CASTLEBERRY, MANOR
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
i
i
BYt -
APPROVED AS TO LEGAL FORMi
HERBERT L. PROUTY$ CITY ATTORNEY
-
By t
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1
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PAGE 2
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' ~o«nar ta,~ - ca I
Awa Mal
DATEi January 2,1996
CITY CO NNCILHEPORT FORMA r
T0i Mayor and Members of the City Council
FROMt Rick Svehla, Acting City Manager
SUBJECTn 11old a public hearing with regard to the proposed annexation of n 11,34 Bore tract
located east of Mayhill Road and north of 131agg Road (A-69)
RECOMMENDATIQJy,t
The Planning and Zoning Commission recommends approval,(6.0)
SUMMARY
The City Is proposing to annex a 11.34 acre tract located east of Mayhill [toad and north of
Blagg Road as shown on site map included In attachment #1. Seetlon 34.35 of tho Codo of
ordinances requires city staff to assess on a case-by-case basis, the annexation of areas
located In the extraterritorlal Jurisdictlon (I's'rJ) when significant developments are proposed,
occurring or likely to occur in the near future, Staff initiated an annexation study following
the development of a 23,200 square feet warehouse/office on a 2,36 acre tract being lot I,
Block A of the Rife Addition, The tract is to be zoned Agriculture "A" zoning district
classificatfon at the time of annexation.
State law requires that a service plan be prepared providing for the extension of full
municipal services to the site proposed for annexation. A copy of the service plan
(attachment 4 3) is available to the public and will be part the annexation ordinance,
i
BACKGROVNDl
'rile City repaved Mayhill Road in 1994 and currently has responsibility for maintenance,
Existing water and waste water lines are located on the south east corner of Mayhill Road
and University Drive. An existing lift station is located at Audra Lane and Mayhill Road
The construction of a 23,200 square feet warehouse/office facility will generate increased
traffic volumes on Mayhill Road, There are six single family homes and a mobile home
located In the area, It Is Intended that all existing development will be annexed and zoned
Agriculture "A" zoning district classification, Annexation will ensure that all future
development complies with policies of the Denton Development plan and ordinances of the
City of Denton,
Page I
Yi
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ti
Ap~nda I.e. C 5- ti......
Ap1nd Ittm
=a- 4FL
0010
The Local Government Code requires that the Clly hold a ser s pu o ear ngs n order
to complete the annexation process. City Council approved of an annexation schedule
setting the dates, time and place for public hearings with regard to the proposed annexation.
(See attachment #4)
JE'$gGRA 48, DEPARTMENTS OR GROUPS AFEWIF&
All city service departments lnoluding Utilities, unginecring, Planning and Development,
Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library,
FISCAL MPAM
The taxable values of personal and real property on the Mayhlll/Blagg site is $1,20$,822 with
an estimated city tax benefit of about $6,$00 based on the 1995 tax rate, The City of Denton
will provide municipal services including fire and EMS, police, solid waste collection,
anlmal control, planning and 4evelopmerr. and library services based on current budgeted
resources at ng additional cost.
Respectfully submltted;
Rick Svehla
Acting City Manager
Prepared by;
harry N, Persaud, MRTPI, AICP
Senior Planner
Ap//YMroved-
'
Prank 11, Robbins, AICP
Executive Director for
Planning and Development
Attachment # L Site map showing area north of Blagg Road and east of Mayhill Road.
Attachment #2, Legal description of tract
Attachment #3; Service plan
Attachment #4; Annexation schedule
Attachment #5; C&7 Minutes October 11, 1995
Page 2
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ATTACHMENT
~roposed Arm,
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ATTACHMIMT 2 AOenda No._~~~'
l,7endalleml~,~ a _
EXHIBIT "All MAI
ALL that certain lot, tract, or parcel of land lying and being situated _
in the county of Denton, state of Texas, being part of the
Forrest Survey, Abstract Moreau
Follower 417, and more particularly described as
BEGINNING at a point in the existing city limits, as described in
Ordinance 65-43 (Tract 1), said point also lying on the went line of
thed centers line vof Uasa Highwa0380 e(University aDrive) , end uinrthe
center of a north/south road (known as Mayhill)l
THENCE northeasterly along said city limit line, said line being 660
feet southeasterly of and parallel to the center line of U.S*
380 (University Drive), a distance of 414 feet more or less, to aipoint
fornorner said point being the northerly extended east line of tract
to Henry Rife referonced as Tract Two by deed recorded in Volume 2430,
page 840 of the Real Property Recoflds of Denton County, Texasl
I THENCE south, passing the northeast corner of the above referred Rife
tract, and continuing a total distance of 1244 feet, more or less, to a
` 'piainngt hoard corner, said point lying on the north right-of-way line of
THENCE west along the north right-of-way line of Blagg Road, passing the
east right-of-way line of Mayhill road at 377.5 feet, more or less, and
continuing a total distance of 407,5 feet, more or less, to the
centerline of Mayhill road to a point for corner said gg
the west line of said Forrest survey and in the existing city limitnline
as established by Ordinance 65-43 (Tract 2)1
THENCE north along said lines a distance of ],182 feet, more or less, to
the POINT OF BEGINNING and containing 11,34 acres of land, more or less,
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10/12/95
AEEO04CB
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Ageola NO 0/9-: ATTACHMCMT 3 1,9enda Ilemn
Page 1 Dais L ~ cc~ t oX_
SERVICE PLAN (A-69)_
CASE Ni A-69
AREAL 11,39 acres
LOCATIOM East of Maybill Road and north of Btagg Road
A. Police Services
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment,
2. Upon ultimate development of the area, the some level of police services will he
provided to this area as are furnished, to comparable areas within the City,
i,
B, Fire protection and Emergency Medical Services (EM5)
L Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of avallable water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation,
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City,
C. Water/W sta ewater Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34.1 IS of the Denton Code of Ordinances.
Developers shall pay the actual cost of alt water and sewer main extensions, lift
stations and othr: necessary faeilitles required to serve their development In
accordance with :he City's master utility plan and the Subdivision and Land
Development Regulations,
The City may participate In the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council.
T
nilenda 1in~" Yy
ATTAC11MCNT 3 f~pnd~ 1lBm ~ ^ " ~
Page
Where water or sewer main extensions, lift stations, forec-maln3-er othew other---
to facilities are installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations,
D. SAd WaslLCollection
1, Solid waste collection will be provided to the property at the some level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation,
2. As development and construction commence within this property, and
population density Increases to the proper level, solid waste collection shall be
provided to this property In accordance with then current policies of the City
as to frequency, charges and so forth,
E, Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin In the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
Improvements, as the need therefore Is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, slgnage and other traffic control devices will be Installed as the
need therefor Is estabiished by appropriate study and traffic standards,
5. Street and road lighting will be Installed In the substantially developed areas In
accordance with the established policies of the City.
E. FAdronmental Healtlo and ode FnPOreement ~prvlrrg
2
f•
ATTACHMENT 3
Page en~a Ilam!l yY~~^^
Dtlo 15~..
f. Enforcoment of the City's environmental health ordinances and regulations~r
Including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective ditto of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2. Building, plumbing, eleetrleal, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The, City's zoning, subdivision and other ordinances shall be enforced In this
area beginning on the effteNve date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Cxisting personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
K personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
C. Planning an Development Services
The zoningjurlodiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning
district classitlcation at the time of annexation. - -
f. Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The some standards and policies now used within the City will he
followed in the maintenance of parks, playgrounds and swimming pools.
J. metrical Distribution
3
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ATTACHMENT 3 ~,uenualiamL~
Pao 4 Ualu,.lr
Electrical power will be made available to the site as required, 1Tio s`aine (uv`p! 07`4`
service currently being provided to comparable areas within the City.
K, Miscellgneous
Street names and signs will be Installed, if required, approximately six (6) months
after the effective date of annexation,
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used in the City,
L. Capital Improvements Program f Clp~
i
j The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics of
topography, land utilization, population density, magnitude of problems as related
to comparable areas, established technical standards and professional studies,
2. The overall cost-effectiveness of providing a specific facility or service,
The annexed area will he considered for CIP Improvements In the upcoming CIP plan.
This tract will be considered according to the same established criteria as all other i
areas of the City,
i
4
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ATTACHMENT 4 >t0onde Flo., _W1k?~^~
h011enda11larn c~
t]I~le wM^~ 1 ~r~T~~~m N
ANNF;XA'I'ION SCIIPU Ili? A-62
November 7, 1995 City Council sets date, time and place, for public hearings,
December 22, 1995 Notice published is Denton Record Chronicle for first public hearing,
Service plan Is prepared,
January 2, 1995 City Council holds first ublio h,
January 5, 1995 Notice published In Denton Record Chronlole for second public
hearing,
January 16, 1995 City Council holds second public headW.
January 24, 1995 Planning and Zoning Commisgion makes recommendation,
February 6, 1995 City Council Institutes annexation, First faeading of Annexation
ordinance,
February 9, 1995 °ublication of Annexation ordinance In Denton Record Chronicle,
March 19,1995 Final action by C4 Council, Second readtun,-,s.v#).wriontlnn of the
Annexation ordinance.
i
Meetings In bold require 6 out of 7 votes at City Council
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v+ C?
~fJ. 1
ATTACHMENT 5
p rage 2
&z Minutes
October 11, 1995
Page 17
Ms, Schertz; I'll second,
Mr. Robbins; So you are Instructing us to inltlate a zoning change?
Mr, Powell; Yes,
Ms, property? z! Did you bring
pro roporry?
this to us because you have someone who !s Interested in thls
Mr, Yost; We have a prospective user for part of Pn 1,
Mr, Powell; There will at a anyone public can hearing, camel
put on the property so that notlce will be given, and there w111 be signs
Mr, Robbins; Yes, it will be a zoning caSC,
Ms, Russell; All In favor please
(6.0) raise your right hand. Opposed same sign. Approved,
X• Consider the preliminary plat
is located of the Lakewood Convenient Addition,
on the northwest corner of Ryan and Teasley and is currentjyeln s party
1 p c pro ves:
40 ,
Mr.
Thi
CounciRee
In Sep msber~ 1)RC minaryr Plat ad you recommended the rezoning to the C
pproval, City
iris Schertz; I move approval
Addition of the prellMh'uy plat of the Lakewood Convenient
Mr, Cochran; IT second,
Ms, Russell' Any discussion? All In favor please raise your right hand Opposed same
sign, Approved, (6-0)
XC, Receive a report and give staff direction with regard to the proposed
acre tract located east of Mayhlll Road and north of Bla annexation of a 10,4
88 Road (A•69),
Mr, Persaud; The Subdlvislon Regulations re uire
development occurs in the ET1, We 4 that staff do a study when mater
annexation of a ten acre tract of land
in the ETl located cut of MayshJII Road and north of Blagg Road
. Mayhlll Road is currentl being maintained by the city, For the Rife Addition
P&Z Minutes i.~ecila IleinS~.
OCtoWr 11, 1945 ATTACHMENT 5 lialc„r' rs
Page 18 Page z
,I
the City Council made a recommendation that they pay twelve thousand doliars for
maintenance on Mayhill Road and the city will be doing that work There was also a
drainage Issue out there with regard to that tract and the City Council granted the variance,
Thera is an existing six inch water line and an eight Inch sewer Ilno, Development In this
area will continue to use septic systems and well water, On the staff a Wysls of this
project we found that there are six single family homes In this area and one mobile home,
Our estimation of the taxable values for personal and real ro
million dollars, I would like to report some of the services that the m icitypwill provide or
Is currently providing, They currently have police services and garbage collections
services, We also currently maintain Mayhlll Road, Whatever services that are provided
to this area must be similar to services provided to similar areas such as the services on
Ilm Christal Road We are not proposing to annex Hlagg Road so It will still be
maintained by the county. Staff recommends that we proceed with the annexation,
Ms, Schertzl What are you proposing to zone It when It is annexed?
Mr, Persaud: It Is proposed to be zoned Agricultural,
Ms, Schertz; I am certainly in favor of directing staff to proceed with annexation,
Ms, Russell) I am curious how the city provides services to people outside the city?
Mr Persaud; I need to check on that to see how 11 1, happening,
Ms, Russell, Is there anyone that would like to speak concerning the proposed annexation?
Mr, Kathleen Criptenl My name is Kathleen Cripten and I live on Rt, 2,_„ Wt dogot trash-._._.__.-_.__._:
pick up, since the ciry_ is ,grqs,;„t.}1e„srr~~r,,~e.,, ~c..our-&ba a across the sweet to be
picked up. Also the police do come out to our area. Cooper Creek Volunteer fire
department provides our fire protection, We are fn favor of the annexation and we would
welcome being part of the City of Denton,
Mr, Powell: Is it safe to say that all of the people have been notified? Has anybody
Indicated that they were in opposition?
Mr, Persaud, I have talked to one gentleman, Mr. Selby, who is not in favor of being
annexed into the city. We will have a public hearing at a later date if you decide to initiate
the annexation,
Ms, Russell; Are there any other questions?
l3.
P&Z Minutes ATTACHMENT 5 A~endallain,~,.~
October 11, 1995 Page 3
Page 19 _.w.._.~.`~....
Mr. Morenoi" I.
move that we Wtlate the annexation of a 10,4 mere tract located out of
Mayhlll Road and north of Blagg Road.
Mr. Powell: I'll second.
Ms, Russell Any discussion? All in favor of the motion please raise your right hand,
Opposed same sign, Approved. (6-0)
XU, Consider making a recommendations to City Council concerning the new zoning ordinance,
Mr Robbins; Staff Is planning a work session with the Council in November, Do you
want us to indicate to them that the P&Z is comfortable with what has been presented to
you to date?
Mr. Powell 1 would feel comfortable with the MXD, but I would like to go over It Item
by Item and vote on It, In the other places that I have lived you were always able to build
single family on property that was zoned other things.
Mr. Robbins Theta Is no urgency and we-m-d-
=1sy alris if ytru waHt fo"go-iack and look -
at It.
Mr. Powell 1 don't have a problem with the things that we discussed the other night other
than the three Items that Prank said he would bring back to us.
Mr, Robbins, We did away with cumulative zoning in 1985 and f haven't found anyone
that is allowing that now,
Ms, Russell; Do we want to recommend that we postpone that tonight? On Nov, 1st the
Vision Group will be doing their presentation,
(Consensus to delay and go back through It)
Ms. Schertz; We did have outside citizens sitting in on our work session and I would like
their agreement before we approve the MXD.
Mr. Cochran; I thought we did that the other night and I thought we dlscussed It, but f
don't thlnk 1 can remember how we ended the meeting,
Mr. Robbins; We need to get yutr to till out another survey for the CIP Blue Ribbon
Committee tonight,
i
Aplndo No. 14 i
AQMId1It1m , ,5,,y~:.,~,.r„
-21 ~10
DA ry ,
CITY COUNCIL RH;pORT)KORMAT
TOt Mayor and Members of the Clly Council
FROMt Rick Svehla, Acting City Manager
SUBJECTt Bold a public hearing with regard to the proposed annexation of a 21.62 note tract
described as the Estates of Forrostridgo Section 11(A•70)
RECOMMENDATION]
The Planning and Zoning Commission is scheduled to consider the annexation and zoning
of this tract and make a formal recommendation to City Council on January 24, 1996,
SI)MMAI :
Lodge Construction Company has petitioned the City to annex and zone a 21.62 acre tract
described as tho- Estates of Forresiridge Section II and shown on she map included in
attachment 41, The owners have also petitioned the City to zone the tract Single Family SF-
16 zoning district classification to accommodate single family residential development
Stale law requires that a service plan be prepared providing for the till oxtenslon of
municipal services to the site proposed for annexation. A copy of the service plan
(attachment 113) is available to the public and will be part of the annexation ordinance,
A3~C~GROUNDi
The Planning and Zoning Commission is scheduled to consider a final plat for the Estates
of Forrostridge Section 11 on January 10, 1996, The final plat shows 44 single family
lots of 16,000 square feet and larger, The Local Government Code requires that the City
hold a series of publto hearings In order to complete the annexation process, City
Council approved an annexation schedule on November 7, 1995 setting tine dates, time
and place for public hearings with regard to the proposed annexation,
PROGRAMS DEPARTMENTS 1R CROUPS AFFECTED:
All city service departments Including Utilities, Migineoring, Planning and [development,
Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library,
Page I
FISCAL IMfTI
Not npplicable
RespeciNfly submitted;
Ric4Sveh P
repared by; Acting City Manager
Larry N. P rsaud, MRTPI, A[CP
Senior Planner
Approved;
~ r
4Frank Robbins, AICP V
1 xCOntlVO Director for
Planning and Development
Attaelmient 4 L Location map and flual plat 1'or the Instates of Forrestrid e S
on II,
Attachment #2: g ecti
Legal description
Attachment 43; Service plan
Attachment 1i4~ Annexation schedule
Page 2
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HOBSON
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ATTACJIMNNT 2
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77SIr u
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IRAGf 18 m 1, y 'P
fR.1GI 19 W
Sd1h? i° 100 fIdlellln~° r~" nr11n .
I z ~ f st H
I 1 stil RS R[I'"" M JPd, ~ sx
r.41q r nkKl'. car t;ul
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TOTAL of 44 LOTS FINAL PLAT
OF 21.6167 ACRE:
ESTATES OF FORRESTRIOGE 4ECTION II
cum T..f.'-'~'~ Yll... a Urt 4 !p, 10. UCe f WIS I.I
r. w l r NR{ m.1 Mors ,p
_ YS_~Y1 Iw mi M_ L, Laryrro cw~;n`w, oul n
LC v.r7, - IJ. AIAp ON SURN:Y AOY f. Ill'
AN AWInpN 10 biL qtt
'1 r ~ - anla , oalrrl en.Nx, nw
i" LODGE CO naca ;iceR
r rL ll ~ s I- ~ ~ -
r sI ~ C _.:3rn ~ r;,:1 r__ NSTRUCnON CO., INC. _
114 1 rvk[RINc
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ATTACHMENT 2
Ud7C .f .:nark.. ~.G
Being a tract of land situated in the T,J, Martin Survey, tatrcer No,
900, Denton County, Texas and being a part c Martin of that act No No,
parcel of land described in two tracts and conveyed by deed from First
Texas Savings Assoointion to bodge Construction Company, Inc., recorded
in Volume 1115, Page 211, Deed Records of Denton County, Texas and
being further described as follows
COMMPNCING at the Southwest corner of Section IYT of Estates of
Forrestridge, an addition to the city of Denton, plat of which is
recorded in Volume N, Lugo 3750 Plat Records of Denton County, Texas,
uaid commencing point also being on the North line of Ryan Road (a 701
R.O,W.))
THENCE North 00 etegrees 19 minutes 42 seconds West, along the Nast line
of said Forrestridge Section M, a distance of 1290,69, to the POINT
OF 13HOINNIN0I
THENCE North 89 degrees 07 minutes 03 secongo West in Sanders Road, a
distance of 326,35 feet to an iron pin at the Southeast corner of a
tract described in a deed from Nicky C. James at ux to Steve Fanning at
ux recorded in Volume 10440 Page 898 Deed Records, Denton County,
texas
THENCE North 00 degrees 37 minutes OS seconde East with a fence, a
distance of 271,14 feet to an iron pin at the Northeast corner of said
Fanning tract
THENCE South 89 degrees 47 minutes 21 seconds West with a fence, a
distxnoe of 515,04 feet to an iron pin at the Westerly Southwest corner
of subject tracts
THENCE North 00 degrees 06 minutes 16 seconds West along and near a
fence, a distance of 1016.25 feet to an iron pin at the Northwest
corner of said tract!
THENCE South 89 degrees 48 minutes 21 seconds Nast along and near a
fence, a distance of 842,91 feet to an iron pin at the Northeast corner
of said tract on the east boundary line of the T,J, Martin Surve yy
the West boundary line or Section 11 of Forrestridge, an addition and
the City of Denton, flat of which is recorded in volume c, Page 120
Plat Records, Denton County, Texas!
THENCE South 00 degrees" i^r minutes 36 seconds West, with said survey
line a distance of 1264,21 feet to an iron pin,
i
it'
THENCE South 00 degrees 19 minutes 42 seconds East, continuing along
said survey line, a distance of 2345' to the POINT OF BEGINNIM and
CONTAINING in all 21.67.68 acres of land, more or less.
t.
~C
Agenda No.
Agenda Ilem_Jl~S,,,,
ATTACE61ENT 3 pnla_1"~~
Page 1
Attaohmene 03
SERVE--IAN (A-70)
CASE M A-70
AREAI 21,62 acres
LOCATION Estates of Forrestridgo Section III
A. Police Sorvlec
1, Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimato development of tho area, the same love] of police services will be
provided to this area as are furnished to comparable areas within the City,
I3, Flrc protection at,(L Fmergcney Med_ (EMS)
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation,
2. Upon ultimate development of the area, the some level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City,
C. Water/Wastewator Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34.118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of till water and sewer main extensions, lift
stations and other necessary facllhtles required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City inn), participate In the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council,
r
A10da No.
ATTACHMENT 3 J.renda Vern ~7
Page 2 Where water or Sewer main oxtenslons, Ilft stations, force mains or other necessary faellltles are Installed by the developor, the dovoloper shall
be entitled
to reimbursement of the cost of such facilities ftirom pro-rata charges paid by
persons connecting to or using such facilItlos to serve Ihelr property, according
to the Subdivision and Land Development Regulations,
D- SAALA'gsto Collecfloa
1, Solid waste collection will be provided to the property, at 1110 some level of
service as available to compArable areas within Ilse City, within 60 days of the
effective date of annexation.
2. As development and construction continence within this property, and
population density Increases to the proper level, solid waste collection shall be
provided to this property In accordance with then current policies of tike City
as to frequency, charges and so forth.
R. Sitr4Sts and Ron
L The City of Donlon's existing policies with regard to street rnaintotlance,
applicable throughout the entire City, shall appl,~ to this property beginning
with the effrak o (late of the anucxatlon.
2. Routine mahttcnnneo of streets and roads will begin h1 the annexed area on the
effective ditto of annexation using the standards and level of servic0 as curreattly
applied to comp;lrable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
Improvements) as the need therefore is determined by the Cily C unell or
Manager, will be nceompiished under the established policies of the City.
4, 'T'raffic signals, signage and other traffic control devices will be Installed as the
need therefor Is established by Appropriate study and traffic standards.
5. Street and road lighting will he Installed In tike substAntially developed areas In
accordance with the established policies of the City.
F. Envir nn=AA Health anti Code T I n
2
i~
F
ail
Alenh NO
ATTACHMENT 3 kgonda Ifam
Page 3
1, Enforcement of the City's environmental health ordinances and regulatlUnsw~~~
Including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, Junked vehicle ordinance, sign ordlnanco, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this nroa on the effective date of the annexation, These ordinances and
regulations will be enforced through the use of existing personnel,
2, Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will he enforced within this area beginning with the
effective date of tho annexation, Existing personnel will be used to provide these
services,
3, The City's zoning, subdivislon and other ordinances shall be enforced in this
urou beginning on the offeetivo date of the annexation,
4. All inspection aervlces provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the anuoxatlon,
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation,
6. As development and construction commence within this area, sufficlent
personnel will be provided to furnish this area with the same level of
environmenntal health and code enforcement services as are furnished to
compornble areas within the City.
G. I'lanningAnd))evelopment epvices
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation, The tract Is to be zoned single family SF-16 zoning district
classification at the time of annexation,
I, i'arks and 13cm~(p~,twlces
Residents of the newly annexed at-on may use all recreation facilitles, Including
parks and swimming pools throughout the City, on the effective dntc of the
annexation, The same standards and policies now used avithin the City will be
followed In the maintenance of panes, playgrounds and swimming pools.
J. L, IggtrIcal Distribution
3
a
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4Uentla!!o.
ATTACIIMCNT 3 AO. 4
j~'~
Page q Atli Item, e
I,_....
Electrical power wpl be mode available to the site as re u~td; at the sumo log ~!°o
service currently being provided to comparable areas within 7Iimity, ' y1 M
K. Miscolianeous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation,
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the offecilve date of the annexation, All publicly
owned faciNtles, buildings or services will be maintained In accordance with
established standards and policies now used in the City.
L. Capital lmnrovee,en Prog am
The CiP of the City is prioritized by such policy guidelines ast
1. Demand for services as compared to other areas will be based on characteristles of
topography, land utilization, population density, magnitude of problems as related
to comparable areas, established technical standards and professional studies,
2. The overall cost-effectiveness of providing a specific facility or son-fee,
The annexed area will be considered for CIP improvements in the upcoming CIP plan,
This tract will be considered according to the some established criteria as all other
areas of the City,
4
ATTACHMENT 4 Aptnda ttoa ` , -O /
l
ApenUa Ilern c j__
ANUXA `I IONSCIL;D 11(A .-M
November 7, 1995 City Collnell sots date, time and place for Public hearings,
December 22, 1995 Notice published In Denton Record Chronicle for first public
hearing. Service plan is prepared
January 2, 1995 City Council holds-Erg public hendnQ.
January 5, 1995 Notice Published in Denton Record Chronicle for second public
hearing.
January 16, 1995 City Council holds . e on t n ubll . j rims,
January 24, 1995 Planning and Zoning Commission makes recommendation.
February 6, 1995 City Council institutes annexation, First Reading of
Annexation ordinance,
Vebruary 9, 1995 Publication of Annexation ordinance In Denton Record Chronicle,
r
March 19,1995 Final action by City Council. Second reading and adoption of
the Annexation ordinance,
Meetings in bold require 6 out of 7 votes at City Connell
I
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Awdo
AW4 hint ' . - -
Do "
DATE[ January 2, 1996
' ' ' .~11`!~,[L REFOl2T F()RMA'I'
TO[ Mayor and Members of the City Council
FROM[ Rick Svchla, City Manager
SUBJECT[ Hold a public hearing with regard to the proposed annexation of a 31,78 acre tract
located In the clear zone south of the existing runway i❑ the vicinity of the Donlon
Municipal Airport. (A-71)
RECOMMENDATION:
The Planning and Zoning Commission Is scheduled to consider the annexatlon and zoning
of this tract and make a formal recommendation to the City Council on January 24, 1996
SUMMARY:
'rise City proposes to annex a 34,78 acre tract located In the clear zone, south of the existing
runway In the vicinity of the Denton Municipal Airport. The site is shown on map included
in attachment # 1, 'rho entire tract Is owned by the City of Denton and Is being used for clear
zone for the existing runway, The tract will be zoned agriculture "A" zoning district
classification upon annexation.
AACKCROUNUt
i
'rho clear zone is Intended to protect [lie approaches to the runway and may not be used for
t the development of buildings and other structures, The Local Government Code requires
that the City hold a series of public hearings In order to complcte the annexation process,
On November 7, 1995 City Council approved of an animation schedule setting the dates,
time and place for public hearings with regard to the proposed annexatlon,
FROG MS, DEPARTMENTS OR GROW LAEE&CjjP;W
All city service departments Including Utilities, Engineering, Planning and Development,
fire, Police, Solid Wnstc, linviromnental Health, Parks and Recreation, and Librnry,
i
j Page I
FISCAL IMIM_ ;
Not appllcablo
Resp "ly submitt 1,
hick Svehla,
prepared by; Acting City Manager
p
_ N ' [e A4
Marry N, ersaud, MRTPI, AICP
Sonlor Planner
Approved;
crank I1. Robbins, AI
F?xeoutive birector Eor
Planning and Development
Attachment 41; Locatlon map and legal descriptlon,
Attachment It2; Service plan
Attachment N3; Annexatlon schedule
Page 2
d
7
ATTACHMENT 1 Aq¢nAa Ho. G'..• ~
Page 1 dg9hQi N¢ ~1.
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ATTACIIMCNT 1 AOend~ ~JO p~ E7
Page 2 l,9ndalle,n.. x1C`. r
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ALL that certain lot, tract., or parcel of land situated in Denton Count ,
State of Texas in the T, Hembrie Survey, Abstract No. 594, J, Maona~d
Survey, Abstract No, 873, w, Nail Surveyy, Abstract 970, and the J,
Kjelberg Survey, Abstract 1610 and being all of a tract shown by deed to
the City of Dentop, Texas recorded as 94-R0073013, Real Property Records,
Denton County, Texas and being part of a tract shown by deed to the City
of Denton, Texas recorded in Volume 871, Page 137, (Tract Two) Deed
Records, Denton County, Texas and being more pArtioularly described as
followas
BEGXNNTNa at the southeast corner of said "Tract' Two" to the City of
Denton recorded in Volume 871, Page 137, D.R.D,C,T „ said point also
being an inner ell corner of the existing Denton city limit line as
described in ordinance 79-76, Tract TI
THENCE South 060 491 3811 East a distance of 1010.04 feet to a paint for
a corner, said point being the southeast corner of said City of Denton
tract 94-800710131
THENCE North 880 33' 2411 West a distance of 1500,0 feet to a point for a
corner, said point being the southwest corner of said City of Denton
tract 94-R00710131
THENCE North 090 411 ?0" East a distance of 1010.88 feet to a point for
a corner, said point being the northwest corner of said City of Denton
tract 94-.80071013 and also being the southwest corner of said City of
Denton tract V. 8711 P. 137, Tract Two1
THENCE North 010 26' 3611 East along the west line of said City of Denton
tract V.8711 P, 1370 Tract Two, a distance of 464.39 feet to a point for
a corner, said point lying on the existing Denton city limit line as
described in Ordinance 69-40 and Ordinance 79-76, Tract TT1
THENCE South 546 35, East along the existing Denton city limit line, as
established by ordinance 69-40, a distance of 831.91 feet to a point for
a corner, said point being the most westerly northwest corner of Tract I,
ordinance 79-761
THENCE South 880 31' East along the existing Denton city limit line, as
established by Ordinance 79-76, Tract I, a distance of 520.12 feet to the
POINT .)F 13'901NNTNd and containing 34,78 acres of land,
10.20.95
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A~'TACF3MEN'T' 1 Apsnda Ilen
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Attachment V2
S~I2VTCE P3~g~l'_~g" 71 )
CASE #t A•71
AREA: 34,78 acres
LOCATION: In the clear zone south of the erlsting runway in the vicinity of
the Denton Municipal Airport,
A. Nllco Sorykcev
1, Patrolling, response to calls, and other routine services will be provided on (he
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the some level of police services will be
provided to this area as are furnished to comparable areas wirhii) the Clty,
Flre proteetlon and Emergen~jy]gsJlcal Servkcev ,NtCI
1, Fire protection and emorgeney medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stallons, will be provided to this area on the effective date of the
annexation,
2. Upon ultimate development of the area, the some level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C, '4Vater/Vk~astewater Servte~g
I
Water and wastewater services will be extended to the property In accordance to
the City's master utility plan and Section 34-118 of the Denton Code of Ordinances,
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development In
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate In the cost to oversize water and sower mains subject
to fund availability and approval of the City Council,
l:
1!
ATTACHMENT 2 RgendO lJe~, ~i I
Page 2 Aeend% 118rn ! y u
Where water or sewer main eatenslons, lift stations, force mains or hor
necessary facilities are Installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facllltles to serve their property, according
to the Subdivision and Land Development Regulations,
D, esllslr~Vasta Collection
1. Solid waste collection will be provided to the property at the some level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation,
2. As development and construction commence within this ro e
population density Increases to the proper p pY' and
provided to this property In accordaance with th solid waste collection shah be
en current policies of the City
as to frequency, charges and so forth, ~
E. Streets and Roads
1, The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation,
2. Routine maintenance of streets and roads will begin In the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City,
3. Reconstruction and resurfacing of streets, Installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
Improvements, as the need therefore Is determined by the City Council or
Manager, will be accomplished under the established policies of the City,
4. Traffte signals, signage and other traffic control devices will be Installed as the
need therefor Is established by approprlato study and traMe standards,
5. Street and road lighting will be installed In the substantially developed areas In
accordance with the established policies of the City,
F. Ealronmenta th, and Code Enforcement Services
2
- - -r-
k
Agenda flo.,.,/ ~ :rC7~~
ATTACfiMENT 2 Ilerrr.5w.
Page 3
Enforcement of the City's environmental health ordinances ayy y "
Including, but not limited to the grass and weed ordinance, garbage and mash
ordinance, Junked vehicle ordinance, sign ordinance,
anltnal control ordinance, and the tree preservation or food fopd handler ordinance
ordinance
be pd ,
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel,
2, Building, plumbing, electrical, gas, and all other construe
adopted by the City, will (ion codes, as may be effective date offhe be enforced within this area beginnhng with the services, annexation, Existing
personnel will be used to provide these
3, The City's zoning, subdlvlsion and other ordinances shall be enforced In this
area beginning on the effective date of the annexation,
4. All inspection services provided by the City ofDenton, but not mentioned above,
will be provided to this area beginning on the affective date of the annexatlon,
Existing personnel will be used to provide these services,
5, Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation,
6, As development and construction commence within this area, sufficient
Personnel will be provided to furnish this area With the same level of
environmental health and code enforcement services as
comparable areas within the city, are furnished to
G, P~am_ ~tnsr an. d. lonrrienr r~
The zoning jurisdiction of the City w111 extend to the annexed area on the effective
date of annexation, The tract is to be tomporarlly zoned Agriculture A
district classifieation at the time of annexation. roning
Par and kn ton orvt p
c
Residents of the newly annexed area
parks and swlmm may use all recreation facilities, Including
ing pools throughout the City, on the effective date of the
annexation, The same standards and policies now used within the City will be
followed In the maintenance of parks, playgrounds and swimming pools,
'1' 1~.lectrlcal 1 trl ~tlon
3
i~
7ATTACHMENT 2 ioendallo.„
Page q aeenda Ite Metrical power will be made available to the site as re q service currently being provided to comparable areas w ►~tk at the aim ~
_,Ve
1{. ~1scel~y
Street names and signs will be installed, If required, approximately six (6) months
after the effective date of annexation.
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained In accordance with
established standards and policies now used In the City,
L. CAyita! Inv11Y4]'t:mgnis Pronram~( ~
The CIP of the City Is In lorltized by such policy guidelines asi
1. Demand for services as compared to other areas will
topography, land utilization, population density, magnitude of problems tas related
to comparable areas, established technical standards and professlonai studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP plan.
This tract will be considered according to the some established eriterla as all other
areas of the City.
~1 II
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4
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ATTACHMENT 3
sotnds No. C dam/
Aoonda liem
SCHEDULE (A-71) page
ANNEXATION
--w--~--
November 7, 1995 City Counoil sets date, Ihno and place for public hearings
December 22, 1995 Notice published in Denton Record Chronicle for first public hearing,
Service plan Is prepared,
January 2, 1995 City Council holds first public hearine,
January 5, 1995 Notice published In Denton Record Chronicle for second public
hearing.
January 16, 1995 City Council holds second public hearing,
January 24, 1995 Planning and Zoning Commission makes recommendation.
February 6, 1995 City Council Institutes annexation, First Beading of Annexation
ordinance.
Vcbruary 9, 1995 Publication of Annexation ordinance In Denton Record Chronicle.
March 199 1995 Final action by City Council. Second reading and adoption of the
Annexation ordinance.
j
Meetings in bold require 6 out of 7 votes at City Council
R~
r
Apart !Mai«i 4 f)
January 2, 1988 DM.....I `t~ -e~lo
REM
TO: Mayor end Membars of the City Counoll
FROM: Rick Svehla, Aoting City Manager
SUBJECT: EXACTION VARIANCES TO THREE PARAGRAPHS OF SEC, 34.124
111DRAINAGE DESIGN") OF THE CODE OF ORDINANCES, FOR ROLLING
MEADOWS ESTATES ADDITION,
RECOMMENDATION:
The Planning and Zoning Commisslon recommended three variances to Sao, 34.124
of the Code of Ordlnanoss at their 12/13195 meeting, The two variances that were
actually applied for are to paragraph (e), 5, ["general design standards"] and 1g)
("easements"]. The third varlanoe , to pare, (e), 11, concerns the requlromant to
contain In an easement any runoff from more than two residential lots that flows onto
an adJacent lot,
SUMMARY
The final plat of this 187,877-acre additlon was approved by the Commisslon, with
the proviso that the variances be approved
The owner of Rolling Meadows Estates has applied for a varlanoe of Soo, 34.124 (e),
5, which requires that drainage channels not associated with a floodplain be lined or
replaced with underground pipe. The owner also appllad for a variance to Sea, 34.124
(g) whloh requires that an easement be granted for public drainage faollitles,
The Commisslon discussed a third variance • to the requirement that runoff from two
residential lots which flows onto an adjacent lot be contained In a drainage easement.
It was felt that a variance to this requirement should accompany the other variance
requests,
The owner proposes to leave the drainage areas on the alto In a natural state, and
proposes no dedicated drainage easements, No oaloulatlons were provided by the
owner as to the amount of water In question.
Althuugh the owner did not specify tho category of the variance requests, the
Commisslon determined that the variances were all "exaction" variances, The City
CounvB may grant an exaction variance, following rooommendatlon by the
Commission, under the following condition;
I
Agenda Ifo. r' ~J
a0enda IIemM,;'y'
Where the commission finds that the imposition of any develo RA10AXA UIL. 0 n1
reasonable benefit to the property ovmer or is so excessive as to
tract, It may recommend approval of variances to waive such exactions, so as to prevent suo
excess, to the Clty Counoll.
BACKGROUND:
The Commission recommended that an exaction varlenoe be granted for the channel
lining requirement. There are two oonverQ;ng drainage oourses on the property with
a total length of approximately 3,700 ft, Installing a channel lining or pipe system
would cost In excess of S 160,000, The construotlon of twenty homes on the * 188
acres will not have a slgnifloant Impact on dralnege The smallest lot Is flvo acres,
The Commisslon recommended, although the staff did not, a varlance of the drainage
easement dedioaCon requirement, The Commission also recommended a variance to
the requirement that a drainage easement be dedicated whenever two lots flow on to
an adjacent lot,
PROGRAMS, DEPARTMENTS OR t3R0Up5 AFFECTED;
I
Utility Department (malntenanoo),
FISCAL IMPgCsI
None,
I
Respectfully submitted,
Rick Svehla, Acting City Manager
Prepared by,
GOwen Yost, ASLA
Urban Planner
Approved by,
.
ra4Ho'
,IC &aA
Director of Planning & Devolopment
,i
AQcnda 1Io.,,Q
Agenda Ilem „e'~?:..,.;= .L......
ATTACHMENTS;
9, Looation map,
2, Approved plat,
3. Variance applloations,
4. Staff report to Commission.
G, Commission minutes,
i
A000082
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ATTACHMENT 1 AOenda No. ; Db ~
agenda Nem. ..x;"
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ATTACHMENT 3
CITY 08 DENTON
APPLICATION FOR VARIANCA
or
StMDIVISION AND LAND DEVELOPMENT REdVLATIONS
Name of proposed plat 2 0 LL- 1 M c~,Ap p w ~ $?FY7~~5
from What article of the Subdivision and Land Development
Regulations are you requesting a variance?
0LA1nlAC. [ ASL'rt,~wT A_0 COT1fE.7 L v+.0 CuAv it4
Petitioner G ~MD I t~2 5u ~~yt Telephone 362-40)6
Address
City/State/zip 6-7
Land Owner 2!f I l L t j /`1 s L Lo-L
Address C"~A1C 1../2Or Cill L 6
City/State/zip _0 l"qor. ~rx ~7 6 2 0 5
Date pee paid
9
Petitioner must provide the rationale for the variance using the
following five criteria,
(1) The granting of the variance will not be detrimental to the
} public safety, health, or welfare or injurious to other pro.
pertyl
(2) The conditions upon which the request for a variance is based
are unique to the property for which the variance .is sought
and are not applicable generally to other propertyl
(3) Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, a
particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter
of these regulations is carried outs
x
41PO.I him
Variance Application Continued r•tc'_"~ I- -
Page 2--
i
i
(9) The variance will not in any manner vary the provisi,ne of the
Zoning ordinance, Denton Development Plan, Master Plan, or.-
studies,
(5) The special or peculiar conditions upon which the request is
based did not result from or were not created by the act or
omiseion of the owner or any prior owner, subsequent to the
date of creation of the requirement from which a variance is
sought,
6r,
if the variance is from an exaction (eg, road construction, right- s
of-way dedication, drainage itaprovernent - a put)lic improvement
and/or dedication to the public), the imposition of any development;
exaction pursuant to these regulations (1) exceeds any reasonable
benefit to the property owner or (2) is so excessive as to
constitute confiscation of the tract being platted.
Waiver of developmental exactions shall be considered after a
recommendation from the planning and zoning commission by the city
council,
HOM Request must include the followings
1, completed application (one per variance).
it, $175,00 foe,
111. Copy of proposed plat and location map,
I 1
~S ur of Applicant Uate
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ATTACHM);NT 9 --~L
MEMORANDUM
DATEi Ducember 5, 1995
TOt Planning and Zoning Commission
FROMi David Salmon, PIE, Senior Civil Engineer
SUBJECT, Drainage Variance - Rolling Meadow Estates
Landmark surveyors Incorporated, representing the owner of the proposed Rolling
Meadow Estates, has applied for vorianovn of Section a4-124 (o) and (g)
coneerniuy drainage design standards and easements respectively, Section (a)
requires that channels not associated with a floodplain be Lined or replaced with
undeirground pipes, Section (g) requires that an easement be granted for public
drainage facilities,
:'he owner proposes to leave the drainage areas on this propevuy in a natural
state and proposes no drainage easements.
The applicant has not designated on the application which type of variance is
sought., so bosh tyona (physical hardship and exaction) will be considered.
A physical hardshil may be granted by the commission if all five of the following I
criteria are met.
(1) The granting of the variance will not be detrimental to the public safety,
health, or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique
to the property for wh,oh the variance is sought and are not applicable
generally to other property;
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship to the
owner would result, as distinguished from a mere inconvenience, if the
strict letter of these regulations is carried out;
(4) The variance will not in any manner vary the provisions of the Zoning
Ordinance, Denton Development Plan, Master Plan or Studies, except that
thoan documents may ba amended in the manner prescribed by lawl and
(5) The special or peculiar conditions upon which the request is based did not
result from or were not created by the act or omission of the owner or any
prior owner, auk jequent to the date of creation of the requirement from
which a variance is sought,
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Planning & Zoning Commission Rolling Meadow gatatea •
page 2 of 2
Staff dose
the foTl notrerec end either variance based on physical hardship for
ow`i"ngasons,
Not granting an easement could be detrimental to public welfare or
injurious to other properties, gy not granting an easement, future lot
ownera could obstruct the uatural flow of water across their property and
cause adjacent properties to flood, There would be no recourse to the
damaged parties except for a civil suit. Government entities Could not
intervene, Also, the dedication of a drainage easement will ensure
protection of the lot owners as they will be kept from placing their own
homes too close to the natural drainage course, In this case, the natural
course
water course is so gradual, a lot owner may not realize that a drainage You will note conflictxwith the water courseh oil phepdevel pmentuplat are shown
In direct
Also this property is relatively flat and sparsely wooded, so there does
not ;appear to be any physical constrainta to constructing drainage
facilities or granting an easement,
The commission may recommend to City C•ouneil that exaction variances be
granted under the following condition,
b. Criteria for variances from development exactions. Where the
commission finds that the imXosition of any development exaction
pursuant to these regulations exceeds any reasonable benefit to the
property owner or is so excenoive as to constitute confiscation of
the tract to be platted, it may recommend approval of variancua to
waive such exactions, so as to prevent such excess, to the City
Council. Waives of developmental exactions shall be approved 'oy the
City Council,
Staff recommends that an exaction variance be ra for the nnel
lining requirement, There are two drainage courses nondthe prperthawith of a ortpipe system woulpproxi
costmin ex ess0of $190,000taThenconstruct.ion of i2o
homes on the subject 108 acres will not have a significant effect on
drainage. The smallest lot is 5 acres,
Staff does not recommend n exaction variance of the drainage easement
requir~emant- g~sO~the proposed placement of 20 hones and most
like)
dm several out buildings, the need is created for the delineation of
a nage easement not only for protection of the lot, oimers but also
adjacent properties,
Optionrl
A. Variance of channel Lining
1) Deny variance based on lack of physical hardship
2) Recommend denial of variance based on reasonable nexus
3) Grant variance based on physical hardship
91 Recommend approval of variance based on lack of reasonable nexus
5) Grant or recommend variance with conditions
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toil B, Variance of Easement Roquirsmeut GttO 1
1) Deny variance based on lack Of physical hardship
2) Recommend enial of variance based on reasonable! nexus
3) Grant variance based on physical hardship
4) Recommend approval. of variance based on lack of resonable nexus
s) Grant or recommend variance with conditions
Staff recommends A (4) and B (2)
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VTIY, Rolling Meadows flstates Addition The 187,877 acrd tract is located at the southwest
corner of Shepard Road and Green Volk,y Circle, It, Denton's ETJ,
a. Consider a variance to the drainage casement requirement,
b. Consider a variance to the drainage channel lining requirement,
Mr, Salmon: Landmark Surveyors Is representing the owners of this property, The varlanco
applied for is Section 34.124 (o) & (g) concerning drainage design standards. Seetlon (e)
requires that the channels that are not assoclated with floodplains be lined elther with
concrete or an aiternadve material, Section (g) requires that an easement be granted for
public drainage faollitles. The owner proposes to leave the drainage areas on the property
In a natural state with no easements, The applicant did not specify on the variance
application whether they were applying for a physical hardship variance or a reasonable
nexus variance so I will cover this for both types of variances, A physical hardship variance
has to meet five criteria before It can be granted, Staff does not recommend either one of
the proposed variances based on physical hardship for the following reasons. Not granting
an easement could be detrimental to public welfare and safety, or Injurious to other
propertles, By not granting an easement future lot owners could obstruct the natural flow
of drainage across theft property and cause damage to their own property or the property of
adjacent owners, Without an easement in place, if a property owner did do something In the
area where the drainage course Is that caused the water to backup onto adjacent properties,
the inured property would have no recourse other than through our civil system That Is
part of the reason that we have the regulations that we do, so that people don't have to sue
their neighbors. An easement also keeps potential buyers from placing their homes or out
buildings in an area that is going to be flooded at some point In time, In this particular case
we are concerned for the safety of the potentlal owners of the lots. The drainage courses on
this property are very gradual and the surveyor knows that they are there, but someone just
buying a lot who is not In our business may not recognize that those particular areas would
be subject to Inundation of water during a storm and they may chose to build their house in
an area where they shouldn't If these were obvious drainage areas to the naked eye It might
be a little bit different, but these are not very well deflned dralnage areas, The Commission
may recommend to the City Council that an exaction variance be granted If the following
criterla Is met. The criteria for an exaction variance is related to how the Improvement or
requirement Is related to the type of development and whether or not that requirement Is
more than what would be required for this type of development, It would either need to
constitute a confiscation of the property or not have any reasonable connectlon, Staff does
recommend In this case that an exaction variance be recommended for the channel lining
requirement, All of the lots are five acres or more, the property Is relatively flat, and
doesn't have a lot of trees. There Is really no reason to put a channel lining In, considering
they are going to have so few houses on such a large amount of property, There Just Isn't
enough effect on the drainage to support installing hundreds of thousands of dollars worth
of channel lining. The drainage will function Just fine 11' left in Its natural state. Staff can't
recommend an exaction variance of the drainage easement requirement because of the
proposed placement of twenty homes and most likely several out buildings. We do feel that
an easement Is necessary for that area where drainage will occur during a storm. Not only
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December 13, 1995
Page 14 W.4 ~L- U1
for adjoining property owners but also for the people who buy the lots,
Mr, Cochran: How much water are we talking about in a bad storm?
Mr, Salmon: We don't know that, We require d drainage study typically with a plat and
in this case we asked the applicant to supply us that Information that we normally require
concerning the amount of water, and asked them to supply a couple of cross sntlons so we
could determine just how wide the easoment would have to be, They did not supply that
Information, The city's drainage Information doesn't go out Into this area, so we don't
readily have the capability of determining how much water would be here.
Mr Moreno: if the drainage easoment is put In place will the developers still be able to
build on Lot 17 and Lot 127
Mr, Salmon: These lots are all about five gores or more in size so there Is lots of room to
build, Of course not knowing, I don't know If we are talking about a twenty or thirty foot
or a seventy foot easement. Obviously It would have some affect of where you could bulld
a house if an easement was dedicated, If there needs to be a drainage easement there than
you probably shouldn't be building a house there anyway,
Mr, Jones: If 1 am reading this right, and following your lower line, we are looking at from
one point to another we are talking about a ten foot fall over about a thousand feet, Is that
about right?
Mr. Salmon: Yes, you are probably looking at more like fifteen to twenty feet.
Mr, Jones: Well over a thousand feet, across three lots, I am looking at 630 to 620, If I
go outside of the project I am looking at 640 to 620. Twenty feet over fifteen hundred feet,
It Is pretty flat,
Mr. Salmon: Right, I was saying Is that it Is a pretty flat area,
Mr. Jones: How wide of an easement are we talking about?
Mr. Salmon: I don't know, I wasn't supplied the hhformaton that I needed to determine
that,
Mr. Jones: I question if we even need it, That is pretty flat, I don't see that there Is a great
deal of fall over fifteen hundred feet. That Is one foot every hundred feet
Mr, Salmon: I think that the need for a drainage easement is more a function of the amount
of property that drains through it as opposed to the amount of fail. If you look at the
Mississippi River you have a very small amount of fall from one point to another but It still
carries a lot of water,
Mr, Jones: But it doesn't stand still, What I am saying here is that the fall Is so slight that
It Is going to soak Into the ground more than it is going to run
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Mr- Salmon; Well, there again It is really more of a function of how much drainage area
is coming Into this from across Shepard Road and From ilia property to the west. I don't
know If that is a half acre of property coming through there or whethor It 1s ten, flfleen, or
twenty,
Ms. Russell; The property Is fairly level but ilia terrain slopes down, It Is not radical but
you can look at 11 and tell that there is a gentle slope,
Mr. (Jerald Yonsan: n name I Gerald Yensan of Landmark Surveyors, on his thing tonight ight Is to deal wi h two Issues, Two variances
em which David
Salmon brought out, one being whether or not we should have a drainage easement at all,
and the second being whether we should have a concrete lined ditch. The staff presented to
us at DRC that they would recommend the variance about Iho ditch because It would be
ridiculou3 to require a concrete ditch on 187 acre tract of land, I would like to get oft' of
that Issue real quick by saying that It Is equally ridiculous for us to even have to ask for a
variance oil something that Is ridiculous to ask for In the flrst place. I would like to move
onto the Issue concerning the drainage easements. Not too long ago we came In here
requesting a variance on the Muenks Addition and we were told that since ilia property was
In a regulated fioodway we had to give a drainage easement. Stateson-Mlller is out In the
5TJ and It Is was not In a regulated floodway but it portion of It was In the floodzone with
terrain that Is very similar to this, We had to give a two hundred foot wide drainage
easement because it was in ilia floodzone, The Daley Addition was In the E"sTJ and we had
to give drainage easements because ilia property was in he floodzone, When this got to the
County they held the Stateson-Mlllcr plat up for a month while they checked with their
attorney because they did not want ilia drainage easements, They finally came to the
conclusion that because they were In the 13TJ and the city had the jurisdiction that the city
could require the drainage easements even hough they didn't want them, They wanted us
to put a statement to the effect that the County wouldn't have to malwaln hose, We
ourselves in ilia position where we are In the county, the city has the influence to require
drainage easements, the city won't maintain the easement, the County doesn't want the
drainage easement and now we don't even have he reason that we are In a regulatory
floodway, or a floodzone, Now we have the reason because it rains and water has to go
over the property When we replatted land In Forrestridge which Is in (lie City of Denton
no drainage easement was required and It rains In Forresirldge loo, When we replatted
property in the Ridge of Southrldge, which Is In the City of Denton no drainage easement
was required and it rains there. The type of slopes that we are talking about here, when you
see a sidewalk on he side of a sheet, typically there Is a two percent slope so that the
sidewalk will run toward he street Two feet of fail In a hundred feet, On this preliminary
plat we calculated the slope, where Mr. Jones is pointing, and it Is one percent. That Is half
of the slope of a sidewalk draining out to ilia street, We have gone from pronounced
ditches, regulatory floodway, floodzone, to now relatively flat land, and (lie Issue . . It is
true that we did not provide a drainage study to determine the width of he drainage
easement because we knew (fiat on property a couple of hundred yards from here we wound
up with a two hundred foot wide drainage easennent• The point has been brought up that
these are large lots and they are wide. Lot 17 Is three hundred and forty-nine feet wide and
If we put a two hundred foot drainage casement through that lot then that lot is rendered
useless, so Is Lot 12, It may be an Insult to he intelligence of a builder or to a resident to
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December 13, 1995
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think that they might put their house In the middle of a ditch. If we have a ton acre lot
whoever is going to build a house on that hopefully Is going to be responsible enough to not
And the lowest spot on the lot and build a house, If tho issue Is just that rain falls on the
property and water moves across It, and we have to have drainage casements, actually the
entire boundary from north to south, and east to west, might be declared a drainage easement
and then we wouldn't be able to build on It at all but at least we would be able to pass water
through It, I hope you will forgive the sarcasm but If Is hard for us to understand that every
time that we come in here there Is one more reason why we have to have a drainage
easement and particularly In the case where the county tells us that they don't want the
easements We feel like we are caught on a political Issue where the city requires It and the
county doesn't want It, and now we can't understand why we have to have it all,
Mr, Cochran: 1 would tike to say that the Issue Is not the degree of the slope, It Is how
much water flows across this property. I assume that you were aware that the question
might come up concerning how much water flows across this area and failed to provide the
Information that would make It possible for us to make an intelligent and Informed decislon,
so we have to go on some assumptions about this because the information has not been
provided to us.
Mr, Yensam That drainage study costs my client a significant amount of money when he
does have the option to come before the planning and zoning Commission and ask for a
variance. The percentage of slope Is what puts properties Into flood zones which determines
areas that do require drainage easements, It is true that a drainage study would have to be
done If a drainage easement Is required, but if we have the option to ask for a variance, It
would seem logical to save the client the money, to bring our request before Planning and
Zoning Commission, let you make a decision and if the variance Is turned down then we will
have to do the drainage study, Once the drainage study was done then the width of the
drainage easement could be determined,
Mr, Phillip Miller: My name Is PhI11Ip Miller and I live at 3900 Oak Circle In Denton, I
was here with the Stateson•Miller Addition a few months ago, At that time we were
required to have a drainage study which was about a thousand dollars. I felt that it
negatively impacted our subdivision by the gradual slope, I Think there was actually a two
hundred and twenty foot easement at one point that was required. The reason was given that
it was a floodplain sltuation, We have seen a good deal of Interest In the larger acreage lots,
We met with the city staff and the county staff before we purchased this land. Nobody
mentioned anything about drainage and it is not in the floodplain so I was thinking that we
were clear here. I am real disappointed to have to come before you tonight since this In not
In a floodzone, 1 don't feel that this variance is detrimental to anybody's health, safety, If
it was then It would be a dedicated floodplain before. We are talking about situations that
are unique to the property. We have twenty lots over a hundred and eighty-seven acres, I
currently live In porresiridge wig; a density of about sixteen thousand foot lots there. If you
had the same density here then you would have about three hundred and seventy-five houses,
If you had a Southridge wi'' en thousand foot lots then you would have approximately five
hundred and sixty homes. We are dealing with twenty (tomes, I feel that the drainage
Impact will be very minimal, I am sure that there is some drainage that Is going through but
I don't feel like it is going to Impact the neighbors, the safety, any of those Issues. I think
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there is also an issue of a lot of people wanting to move out onto country properties, some
of the drawing cards for those lots Is that (hero is some drainage through and they might
want to build a lank or a pond for cattle or horses, or something like that To draw a
drainage easement through these lots Is going to negate the reason for being out there, Now
could anybody 0oy the bcnoflt of their lot If they are having to give over easements to the
city. The impact for us Is that It touches flue or six lots out of twenty lots, It will hinder
the We and use o( twenty-five percent of our development by having some kind of oasement
through there,
Mr, Dave Jones: My name Is Dave Jones and I live In the High Meadows subdivision right
next to this subdivision and I have lived there for about three and a half years. Our intent
here Is to provide housing on large lots with the advantage of Denton schools. There are no
problems out there with drainage or anything, I live out there and I have hunted on this land
and It has drained perfectly for two hundred years or so On another Issue Mr. Jones
mentioned talking to the neighbors, I am a resident out there and we don't have a
homeowner's assoclallon we have an architectural control committee In that subdivision and
1 have a letter from them saying that they don't have a problem with this and they welcome
It. A one percent, two percent slope, I live out there acid I havo seen it raln and the water
soaks Into the ground, When I built my house I did a lot of research and I contracted It
myself, that is why I am out there, that Is why the area Is being built up out there,
Mr, Cochran; In the three years that you have been out there have ynu observed this
property?
Mr. Jones: When a big raln comes (he river on 17,M, 428 where Don Carter's property Is,
obviously floods in that low area on 17,M, 428. Where our property sits It is almost the
highest place In Denton County. The land has been farmed for years and (here really is no
problem because they plant right there. Crops grow, It Is not excessively wet,
Mr, Cochran; The concern Is that because It Is so flat, someone may inadvertently build their
house in an area where there may be some water coming through.
Mr. Jones: I guess what I would say to that Is that the subdivision that I live in Is on land
that has almost the same topography and when I moved out there I was not required to do
this It Is not a problem out there and that Is why we are applying for the variance out
because It Is not logical to us to spend the money for something (hat we don't need,
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Ms Russell: When you develop an area it can create problems. We are trying to avoid
future problems with flooding, We are so sensitive to people's houses being flooded and we
don't want to create a problem f,rr you now, or for anyone In the future that might get
flooded,
Mr, Jones: When we met with the city .vid the county, we did our homework and we are
not In a floodzone and we are looking at twenty homes on five to ten acre lots.
Ms. Schertz: If these lots are large and you build on It, and then your neighbor builds and
It causes a problem, then can't I Just change the course of the drainage? We are talking
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about largo lots. When I go In and develop my lot I have choices of how I drain my
property based on the land provided, I am having a hard time understanding. If we are
talking about that much land and my neighbor does create a problem then can't I Just divert
It?
Mr, Belmont We are talking about largo lots and sure you can rent equipment and change
the dlrecllon. I think that the issue Is to not put people In the position where they have to
do that,
Ms, Sohortzt I have built out in Nigh Meadows and we have never had any problems but
I also understand Ms, Russell's point We don't know In the tbutre what can be built and
what can happen and that Is what we are real sensitive to because we hear It all the time
Mr, Salmon; We are putting a lot of emphasis on the slope of the property, Mr, Yensan
said that ;he slopes are any where from one to two percent. That is four times more slope
than what most of our drainage channels In the City of Denton have, Most of the large
drainage channels have loss than one percent of a slope, The drainage channel out at Good
Samaritan Village that we are having all of the trouble with has a .2 percent slope, You
don't have to have a lot of'slope across your property to have a lot of water coming across
It, The slope has absolutely nothing to do with the amount of water, The slope will affect
the velocity of the water Is running at, As Mr, Yonsan pointed out, If you have a flat piece
of property with a gradual slope the chances are that the drainage easement Is going to be
wider because the water can't move as fast, Slope will only have an effect on those Issues;
the width of the easement, and the velocity of the water, It has absolutely nothing to do with
the amount of water that comes through the property Mr, Miller was here with the
Stateson-Miller Addition, There were a lot of glitches In the process and It was one of the
first NTJ plats of Its type that we had processed. It was the one with the private road Part
of the problem was that the driveway culverts were Installed prior to platting and they were i
too small which caused the need for a wider easement. We have had meetings with the
county about these drainage easements, What Jerry said is relatively true. They don't
particularly want to maintain them, and we put a statement on the plat document that says
that they are not going to do regular maintenance of those easements, That Is something that
we have agreed to do with the county and everyone seems to b
Y be okay with that now as long
as that statement Is on the plat As far as we are concerned at the saff level, that issue hs
been handled, The size of the lots does have a lot to do with the requirement of a drainage
easement, It Is not as necessary as It would be on smaller lots, But you d
y o have the Issue
of providing protection to neighbors ar well as people who might buy the lots, Again we
are talking about dedication of a drainage easement that may turn out to be twenty or thirty
feet wide or It could be wider. i
Mr, Cochran What determines the width of an easement?
Mr, Salmon; What we ask the applicant to do Is have a surveyor take a couple of cross
sections of the dralnage Swale and then calculate how much water would be coming through
that swale, based on the amount of acres that ilia water Is coating from. From there you
would calculate how wide the water would be coming down that easement during a particular
size of storm, based on the shape of the channel. We would base the easement on what the
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width of water would be coming through there during a storm.
Mr, Powell 1 heard it mentioned that In the High Meadow subdivision that easements were
not required, What caused the easement requirement?
Mr. Salmon: The city's criteria for requiring drainage easements Is if you have water passing
through your property (hat is coming from an adjacent or upstream property, then you are
required to dedicate a drainage easement, Our ordinance requires that you pass water from
the upstream propertles through a public drainage facility, so anytime that you are carrying
water through your property that originated from a property above you then you are required
to do public drainage facilities, We arc talking about a hundred and elghty-seven acre piece
of property with water draining through It that might be coming from another sixty acres up
above it, I don't know that but that may be what we are talking about. We now have
regulations that say you can only drain two small residential lots across a third before you
have to provide a dralnage easement. We certainly have a lot of those problems In Denton
where you have lots draining onto another lot and causing problems,
Mr, Jones: If you have less than a one percent fall across this property, would we ask for
a drainage easement then?
Mr, Salmon. Again the amount of slope has no effect on whether we would require an
easement The fact of It Is that the property does fall from one end to the other, there Is
water from the property to the north and to the west that originates on other properties, that
actually comes through this property when It does raln Whether the slope Is five percent
or a half a percent It Is going to flow there, it is just going to affect how fast,
Mr Jones: So how flat does If have to be before we do not ask for a dralnage easement?
Mr, Salmon: If the contour lines indicate that there Is a drainage swale there, unless it has
actually no slope, we would require a drainage easement
Mr, Jones: The water that is coming from the north has to also cross a road, I don't see
where this is a problem, If water is coining from the north and it has to cross a road before
It even gets to this property, how does it not originate on this property?
Mr. Salmon The water Is originating on the north side of this road and coming through this
property either through a culvert or over the top of the road.
Mr, Powell: I am having a hard time loo. It would appear to me from your description
that there is not a piece of property In the world that wouldn't have to have a public drainage
easement, From your explanation I would think that all of these five acre lots would have
to have an casement too, Why don't they have to have one when these ten acre lots do?
Mr. Salmon: Well I think that we are applying our ordinances more liberally out here If
1 looked at this very technically and applied our ordinances down to (he letter we would be
requiring a lot more drainage easements than we are, Looking at the size of the lots, I (hhtk
what we are trying to cover here is the area that Is going to be carrying the most water,
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Areas that will be carrying water from properties that are not owned by this developer,
Mr, Drake: The issue is not really one of ilabllity to the city for flooding The flooding is
primarily an Issue of responsibility among the neighbors out thorn, The Issue that concerns
me tonight Is the variances that have been brought here tonight and what the Commisslon
Is being asked to approve just doesn't carry the legal weight that It needs to do that, The
five criteria are not met, the Nolan and Dolan variance Is not met. That is the real problem
as I see It. I see It as setting a dangerous precedent here to ovmi be considering this at this
point In time, The city has a registered professional engineer here who cannot make a valid
assessment because he hasn't been provided the data that he itecds In order to make his
judgement, Ile Is doing the best that lie can with what lie has, but this variance has come
here without the data that he needs to IbIly evaluate this If it comes down to this, I think
Mr, Yensan's comment pretty much said It all as far as I was concerned, this was a money
saving Issue, It Is a short cut. If he can come here and just pontificate and get the Planning
and Zoning Commission to approve this variance without meeting the requirements or
bringing up the required data, then why should lie pay for that study, It concerns me from
a legal standpoint if the Commission does this in this case then we are going to see a lot
more of this. We have seen a lot of variances come dwough liere recently, It strikes me that
we are seeing more than we used to. This is not a Nolan and Dolan case, there Is no
physical title take, this Isn't an exaction, this is Just an applicatlon of broadly based
legislation. This Isn't a case where we are saying that you can develop this If you give us
a bike trail or you can develop this If you give us beach front property, This is an
application of ordinances taat apply throughout the city. I talked to legal experts recently
at a seminar about the idea of varying sidewalk requirements based upon Nolan and Dolan
and they look at me like I ain from Mars. They say that It doesn't apply to that, Finally,
is it confiscatory? This Is a situation where my concern Is from a liability standpoint When
somebody comes In here and asks for a variance and makes a showing that is similar to this
and gets denied, that they are going to complain that the Board was arbitrary and capricious.
In so far as the legal Issues are concerned, that Is what really concerns me about this
Mr, Jones: You don't think that It is an exaction if the easement is two hundred feet wide
and they can't sell the lots?
Mr Drake: I don't think that It Is an invalid exaction, We have ordinances . , . this
Commission does not have unbridled discretion in the granting of varlances, The discretion
of this Commission Is very, very circumscribed, [here are specifle criteria that have to be
met In order for a valid variance to be granted. In the case of a physical hardship variance
there are five criteria. All five criteria must be met, In the case of an exaction variance
there Is no taking if there is no conflscatlon. There is a valid use for the property, if
regulation where so onerous that the developer could make no use of the property what so
ever, that would be one thing, If he Is losing a little bit of money that is not confiscatory
and the Texas Supreme Court says that It is not something that developers are entitled to
compensation for.
Mr, Salmon As you can tell the lots are drawn on here and it is an unusual arrangement.
I Imaging that you could probably lay out this subdivision Inking into account the topography
and have the drainage easements run along the edges or close to the edges instead of through
si
P&L Minutes '9 d .tt'
December 13, 1995 at
Page 21
the middle, They choose to draw the lots so that the drainage ran through the middle of the
lots, Subdivisions In town have much smallor lots so people are more carelltl wlth how they
lay out their subdivislons in reference to whore they are going to have to put drainage
facilttles, Most people come In and then try to draw their lots In such a way the drainage
Is on the property ilno These particular applicants chose to lay out their subdivision In such
a way that the drainage swale cute through the middle of several of the lots,
Mr, Robbins; Do you know if High Meadows Is platted?
Mr, Salmon: I don't believe that It went through the city's plaaing process. If II did It was
beforo I came to work here,
Mr. Robbins; I believe that the statement was made that the houses wouldn't be built in the
drainage way but the development plat shows two houses In the middle of the drainage way.
The houses on a development pl-,• have to be shown, so there are two houses in the drainage
way and that Is where those houses wov!d be built If this development plat is approved. This
might be better If It were a subdivision plat so that you don't have to show the location of
the houses
Mr, Cochran; The reason that you would want to have an easement on here is just to give
notice to some Innocent people that may come along later. As I look at these lots, the size
of them, there Is plenty of ways to build these things, You haven't taken the land or ruined
the subdivision, I don't think you have even rulned economic viability Is you ask for n
simple little piece of legal notice be but with the deed so that people are aware of what they
are buying, Not everybody is an astute buyer.
Mr, Jones, What If the easement requirement came back and It was for four hundred feet
wide?
Mr, Cochran If we. had that information and it was Indicated, I don't know how we would
decide, but I suspect that it won't be the case.
Mr. Powell: We are not nailing down the locallon of these house,, ,,it we?
Mr, Robbins. Yes sir, If you grant the variance and don't make any changes to the
development plat then that Is where the houses will be.
Mr, Powell; What is the difference between the development plat and th; subdivision plat?
Mr, Salmon; The devc opnient plat just comes here to the city, The county doesn't consider
It, It Is a filed document but they don't have to go to the county for approval, A
subdivision plat they would have to go Ihrough the county approval process so It Is a little
more cumbersome, A development plat is Intended for the developer to show what exactly
he Is going to develop and that is why you show where the buildings are going to be.
Whether the owners have any intentions of bullding the houses where they have shown them
on the plat, legally if this document Is tiled as It is, that Is where they are supposed to build
the houses, If they didn't, it may be a little hard to enforce, the city or the county as it was
P&Z Minutes
December 13, 1995~tr
Page 22
a filed document could take some kind of action, Out In the 13TJ It Is probably not likely
Clint If soracono built a house outside of the little box that someone would come out and Issue
them a citation or file a lawsuit, Ugally that is what this document means Is that they are
going to put the houses where they are shown on the development plat,
Mr. Moreno; Ono note that I have seen here says that any residence that Is to be served by
Bolivar Water shall be set back no further than two hundred feet frorn tholr front property
[Inc. That Indicates to me that they can move it some but that they can't move back very
far,
Mr, Powell; Not all of these lots are going to be served by Bolivar though, I think some may
be served by wells. I would like to hear from the petidoner again,
Ms, Russell The Bolivar Water tower Is that what is indicated up near Shepard Road on
this plat?
Mr, Yensan, Yes, that Is a water storage facility. Mr. Moreno brought out the note on the
plat and that is one of the things that i wanted to bring out. The development plat was
explained to us that we will still have to submit it to the county and that it has to be approved
by the Commissioners Court, They will not Issue building permits until it has been
approved. Our understanding on the location of the houses, according to the application
form, was that 11 was only showing that there would be a house on that lot, not that it would
be at that particular spot The application has changed In the last three months, That is the
reason for the note oil the plat because If the house were to be on a well It could be farther
back on the lot. We put them all along the road at about two hundred foot to point out that
if they were on the water supply, that is about the area that they would have to be. We are
under reprimand this evening for not doing a drainage study to determine what (lie ividill of
these drainage easements ought to be and we for clarification we did approach Brian Burke.
We were curious, can we do a drainage : tudy and show that there is no frainage easements
required at all? BrIwi answered that the purpose of the drainage study Is simply to determine
widths. Once you do a drainage study you are automaticuily giving up that there will be
drainage easements, then the question just becomes how wide they will be. With our
experience with the Stateson-Miller Addltlon where they were two hundred feet wide, we
thought it was a natural assumption that we would probably be looking at something shnllar
because we do have shnllar topography Talking with Brian a tbw minutes ago I asked him
)f he could venture a guess and he said no, that it could be forty or It could be three hundred.
Thu cost of the drainage study, if you turn down our vari<a nce then it Is going to have to be
paid and we will have to answer that question.
Mr, Jones; When you talk about the drainage on Sheparu Road, there is a huge ditch on
both sides and the road is higher than the property,
Mr. Yensant I have a hard time understanding the comparison of the slope of an actual
drainage ditch compared to the slope of the land that is required to get into that ditch, True,
once it gets Into a ditch it is a very slat slope. It could be coming oft' of a very steep slope
and still come into a flat ditch. Even it' wo provide an easement here we are not creating a
ditch, all that there will be are some dottod lines on a place of paper that says this is what
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Ap ra& Itlln
P&Z Minutes -
D"embor 13, 1995
Pago 23 7~
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we have determined Is drainage area. Nobody is going to build a ditch, nobody is going to
maintain anything, It Is just going to be some land that is going to be rendered unusable
because It Is In a drainage easement,
Mr, Coohraw There Is no culvert on Shepard Road?
Mr, Salmon, I don't doubt that this road has bar ditches, but if you look at the contour
tins, the contour lines appear to be going in a southerly direction so unless this road sits on
a ridge line the water has got to be draining Across this property,
Ms Schertz; Can you address the issue one more time on why this particular drainage was
singled out and there are ocher contour lines on that map and those weren't addressed?
Mr. Salmon; If I applied our ordinance to the letter of the law, as you can see several of
these lots drain across each usher, after every second lot I would have to require a drainage
easement, Requiring an casement every second lot on lots of that size Isn't a reasonable
thing to do, at least in my opinion But not knowing what we have up above here, we Are
talking probably about more water Ihan what we would be talking about coming off of a five
acre lot,
Mr, Cochran, I recommend approval of the variance for the channel lining on the basis of
the lack of reasonable nexus,
Mr, Powell; Second,
Ma, Russell: Any discussion? All In favor please raise your right hand, Opposed same sign
Approved, (7.0) I keep coming back to the size of the lots and what you can do to handle
your own water on a lot that size,
Ms, Schertz; If a person used good common sense and wanted to build a house they would
shot some grades and not put the house on the lower end, If you have somebody that doesn't
use good common sense then they could have a problem. I am going to assume that
whoever Is building out there is going to use good common sense and act accordingly.
Mr, Powell; I move that we grant this variance based on reasonable nexus.
Mr, !ones, Second,
Ms. Russell; Any discussion? All in favor of the motion please raise your right hand.
Opposed same sign, Approved. (5.2) Mr. Moreno And Mr. Cochran opposed.
c. Consider the Development Plat of Lots I through 20, Block A,
Mr, Yost, One key difference between the development plat and a subdivision plat is the
location of the structures, On our development plat the applicant Is right and you need to
show where the structure would go, If this plat is approved then there will be two houses
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ORDINANCE NO.
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.
WHEREAS, the City has solicited, received and tabulated ~i
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances) and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies er
services as shown in the "Bid Proposals" submitted therefore) and
WHEREAS, the City Council has provideid 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
herein) NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
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 hei:eby accepted and approved
as being the lowest responsible bids for such items
BID
14UMBER' VENDOR AMOUNT
1641 CASCO INDUSTRIES $34,725.00
SECTION II. That by the ucceptance and approval of the above
numbered items of. the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantitios
and for the specified sums contained in the aid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted b,lds wish to enter
into a formal written agreement; as a result of tho acceptance,
approval, and awarding of the bids, the City Manager Or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto) provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
?panda Ilan
SECTION IV. That by the acceptance and appr
numbored tems of the submitted bids, the City Council hereby'
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
1
SECTION V, That this ordinance shall become effective
immediate y n its passage and approval,
PASSED AND APPROVED this ^r day of 1996,
i
BOB CASTLEBERRY, MAYOR
ATTSSTt
JENN'IF'ER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL F'ORMt
HERBERT L, PROUTY, CITY ATTORNEY
BY:
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DATE AP4t4rlbl
'
-CITY COUNCIL REPO Aoend lfam
RT Oat$
TOt Mayor and Members of the City Council
FROMt Riok Svelrla, Acting City Manager
SUBdECTt BID N 1841 - FIRE STATION UNIFORMS
RECOMMENDAT_ IONt We recommend this bid be awarded to the low bidder Casco
Industries, in the total amount of $34,728.00, ' ;
SUMMAILY t This bid is for the purchase of station wear uniforms for the Fire
Department,
Throe proposalN woro rocelved In response to eight notleos to bid mailed to uniform
vendors,
13ACXOROIJNbt Tabulation Sheet, Memorandum from Eldon Harral dated 12-8-95,
I'RO(,RAMS, DEPARTMENTS OR GROUPS AFFECTED t Fire Department, Citizens of
Benton,
FISCAY4IMPAC~T: Budgeted Fund,4&for uniforms for 1998 Account Number 100-050-
005i-8108,
Respe ly submittedi
i
j Rick Sv 1
Aoting City Manager
Prepared byt
Names Denise Ilarpool 7
T1tlei Senior Buyer
A pro edt
Noma; Tom D, Shaw, C,P,M,
Titles Purchasing Agent
67b.AQ8 NDA
7r
BID # _1041_
BID NAME Fire station Uniform& R & R CAS00 LION MISSION
UNIroRMS IND. APPAREL UNIFORMS
OPEN DATE Decomber 6, 1996
1
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1. 260 Pants 76.99 $78A _ 66.96 NO BID 1
- j
2. 260 Shirte _$61.99 $69.06 $69.96 NO BID
Manufaoturer: TOPPS MFG. LION LION
Delivery: 30-46 DAYS 46 DAYS 46 DAYS
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MEMORANDUM
TO$ Tom Shaw, Purchasing Agent
PROM Eldon Harral, Uniform/Proteotive clothing officer
DATE$ December 8, 1995
SUSJEOTI Fire station Uniforms
I recommend that we accept the low bid from Casco Industries for
fire station uniform pants and shirts.
Thanks to the Purchasing Department for their halp in this bid
prooess,
EH/lh
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.'WI NA*d1 O.II~ 1
A6
No.
AgNidt nsm
axae.t - x3.- a cp
ORDINANCE NO. _
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of STATE law and
City ordinancesl and
WHEREAS, the City Manager, or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein) NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREHY ORDAINSi
SECTION I. That the fallowing competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bidsi
BID NUMBER CONTRACTOR AMOUNT
1838 TEXAS ENVIRONMENTAL $16,593.69
MANAGEMENT, INC.
SECT^ ION IT. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely exoc:ution of a written contract and
furnishing of performance and payment bonds, and insurance
certificate after notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified sums contained therein.
Apanda Ilo, co Apende iteml..~.~/•-
r.TON IV, That upon acceptance and a ode ~ ~ "
competitive bids and the exeaution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto,
ECTION V. That this ordinance shall become effective
immed ate .y upon its passage and approval.
PASSED AND APPROVED this the ~ day of
HOk CASTLEBERRY, MAYOR ,
ATTESTt
JENNIVER WALTERS, CITY SECRETARY
BY!
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY!
a
c.
DAT i1 1 (J
,gonutl o,R,-
CI'PY COUNCILREPORT lganda I dm
TOI Mayor and Mombora of tho city Counoll
FROMt Rick Svoltla) Acting City Manager
SUBJECT I BID it 1838 -CIITYMCOUNPROVEMETXNTSDAY NURSERY DRAINAGE/PLAY GROUND
RECOMMENDATTONt We recommend this bid be awarded to the low bidder) Texas
Env ronmenta Management, Inc, ) in the total amount of $10,693.69.
SUMMARY= This bid is for all materials and labor necessary in draffinge repairs to
the ayground area, landscaping, and relocation of some playground equipment.
Three proposals were received in responso to seven notices to bid mailed to
contractors,
IIACKGROUNDt Tabulation Sheet, Memorandum from Barbara Rosa dated 12-15-85,
i
PROGRAMS DEPARTMENTS OR GROUPS ACFEC7'EDs Community Development
O- f~tity County Day Nursery Staf and hairona, Citizous of Denton
FISCAL IMPACTt Funds for this Project are Budgeted in Account Number 219.059-
CDBN-8502 with a balance of $20,000,00,
Respeo lly submitted 1
1
Rick Svehla
~IP`repared byt Acting City Manager
fyrw~.U Gt M
flame miss Harpool
Title; Senior Buyer
Ap rovedt
Name i Tem D , Shaw, C Pp M.
Title, Purchasing Agent
679, AOENJA
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'AID
BID NAME Olty Oounty Day Nursery TEXAS MIR KAY
Drainage/Mayground ENVIRONMENTAL r,ONST, RVNRW
Improvements MOMT, INC CO. INC. INU.
OPEN DATE December 7, 1996
LS Improvements _ ,14,793.89 X29667.00 4P3,669 80 LS AEtemato Bid: ~1 800.00 $1~_~.~------
Bld Bond? YES YES YES
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Apcnda Itrni ~ , w----•t~tll .r
CITY OFDENTO , T XAS 100 WEST OAK SUITE 208 DEN TON, TEXA676201 (6fy $63.7126 F~Pf7 3832446
.-.__..-.T. -------Conuumrlly boue%pn,ur,t Office
r I U ~ o
MEMORANDUM
'rot Toni Shaw, Purehasing
FROMt Barbara Ross, Community Development
DAM December 15, 1995
SOBJIECT; City County Day Nursery Bid 41838
City County Day Nursery and thi Community Dovelopn)ept Office would like to accept the
$14,79369 bid front Texas Environmental Mangement, Inc. to complete the 6 °n.nage/playground
project, We would also like to accept the $1,800 alternate bid, This will make the total contract
amount $16,593.69.
This project was approved In the 1994'95 Combined Statement of Community Development
Objectives and Projected Use of 17-ands and the 1•IOME program description, A total of $23,223
was set aside for the project that looludes drainage repairs to the playground area, landscaping
and the relocation of some playgronnd equipment.,
Please let me know if you need further Information to schedule the bid for city council approval,
2ze:~<~~
Barburn Boss
"A4ir.dol lo chstphy Said,
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.1 v. r N.,YM.U.M . • '••Mwxyn. s•,.. eW. r
rw~Y IIMI- IbYV,Iq;IMYYAn111LuYWiMMTo.:.MIIIWIJWM r,n.:.~bNlw,ywwwnlr~~YlMt~ , YMw/MYUp ~MIM1M~ YMIK.~
~r+.u+r,. wow
Fig-^--------- 80` MINIMUM -
9' NP. 1
18' lYP s
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24' MIN u~
o~
TYPICAL PARKING LAYOUT
13 I
14
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15 i
11
16 11 I
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10
70NING 17 ZpNING i
9
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8 18
7
19
[X. ING d(- G1TA'1'IpN c,JHALL BE P e 70,68' /~AS- A NATORAL IjUFg,i~ BALL
BE PRESERVED I j I f~
~ l 76,98 w / (Y 24OAK 24° OAK I
212,61' it) P
Z 20 5 ~ ~ sir / ii,i, ~;•,~~It~I%
---RCT~ IN1ING WALL.
V 2M
EXISTING STORM / ZONING 3 1 4 7 1
DRAINAGE INLET 22
9 6
,
3 2 In Q Q T~ I y `j I t ,
1 - M +~11 Li W
24 1 I~ ~~OQ~ TWO °TORY V)
LLI p0 108 0 C? dI~
6,000 S.F.
p0~108 ZONING 12" LOCUST 0 ~ ` 1 1 OFf ICC /RE"IDENTIAL
-PD-108 11 12 0 3
z ZONING z ZONING a. PE:NSON L USE
o w U JU o 13 U 2 _
r td 14 1. 15 16 17 18 19 20 21 7 lE I
l~ 12" CATAIYPA-""`_ 4 $Ib .tN LK., ~ 14 1 ~
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16.0 rol1 T{_ sIO~WAI_~ ikj~j
40 w SIDEWALK J 8" LOCUSTS LOCUST / 2113 36n,
O d Iz 12
4 4 0, J. .,Lrn f
5 TWO STORY
I ~ 10 ~R7kn r r 1~ i' s
6 / / / / I D / / A:. I I v / .,u I yrtr /IA I 4 / I 1 I VZA
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- 7 ! f yI
4 SIDEWALK
25 0 LINE. ( ti i I
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CARROLL /
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NOTES;
(1) 16 UTILITY EASEMENT ALONG HIGHLAND STREET
BY SEPERATE DOCUMENT RS M
(2) 5' DEDICATION ALONG HIGHLAND STREET BY SEPERATE DOCUMENT °t
TO BRING ONE-HALF OF THE RIGHT-OF-WAY TO 25 FEET,
o j
hi m w t~
ui METEOPLEX ENGINEERING CONSULTANTS +
ENGINEERING * PLANNING * SURVEYING I
501 SOUTH CARROLL BOULEVARD SUITE D OLNTOIv, TEXAS 76~. 1
(817) 383•-1416 DALLAS 219-7948 FORT WORTH 329-3e.4
Y.
n C
AMENDED DETAILED PLAN 1
Y. C
W 0:F, F NRAC;KE;R ADDITION
II
N AND ADUTTTONAll 1,OTS OF RECORD
iv M
d IN THE. W _LIAM LOVING SORVIY, ABSTRACT NL~AiQER 705,
I
1a/ Of-* b,"WON, 9f.N!0N 0111 I YX S
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MEMORANDUM
i
DATEi December 13, 1995
TO. Rick Svehla, Acting City Manager
F'ROMI Jerry Clark, Director of Engineering & Transportation
SUgJECTi Consider no parking on the south side of Oak street a
distance of 225' east of the east curb of Jagoe street
I
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Officer Tim Ateheson initially made this request, although other
complaints have been received from citizens.
Staff investigation shows that parking at this location does create
a severe line-of-sight issue. The Colonel Oaks Apartment manager
is in agreement and states there is adequate onsite parking for
tenants and guests. Guests can also park on Hickory street.
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Staff recommends approval.
Jer Clark
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A880061B
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cockle from "
Otto UTY C004CIL REPORT FORMAT
i
DATEi December 13, 19PB
TOi Rick Svehla, Acting City Manager
rROMi Jerry Clark, Dirliotor of Engineering and Transportation
SUBJECTe No parking on the south side of Oak Street a distance 225' east
of the east ourb of t7agoe street
RECOMMENDAT=-t
Staff recommends approval,
9t MARY/AACKdk0 mmI
Citizens have expressed line of sight issues created by the apartments at this
location, Officer Tim Atcheson, also is making the request. The apartment
manager at Colonel Oaks Apartments is in favor of the request too, She says the
majority of drivers are UNT students who chose to pack here rather than pay for
parking.
I
partment guests will be encouraged to park oo site but also will have parking
A
on ckory.
PROGRAMS, 129 MTMENTS, Ok OROUPS APF'BCTEDI
Traffio Division, Police Department, and driving public
I
E'19CAL T PACTr ~
$200 for signage
RESPE LCC 6UBMITTEDt
Ac l
Acting City Manager
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Prepared byi
minietrative Secretary
i Approved,
er ae
Dir or of nginearing & Transportation
AEE004DB
k
tE
a No, 1
Traffic Safety Commission Momo
October 31, 1995^ '
page 10
i
CONS1DlaF2 0 PAHKING ON ME SOT SID13 OF OAKZRBET A
D1STA~fCF3 ( 225' LAST OF- THE -BAST CUBA ON JA, OAF? STRBM,
This request Is also from the Police Department, specifically Officer Tim
Atcheson,
The need for this no parking designation is to protect line of sight, The
apartments curate sight issues that greatly impact the safety of this interseotion, I
Staff will notify the apartments of this Action. The commission should realize that
they may not Ki in favor, but the pasking`still needs to be limited. Staff will
encourage their attendance along with Officer Atcheson to help you with any
questions that may arise,
f ~
Staff recommends approval of this no parking based on site visits that clearly
show line of sight and traffic safety is compromised by parking at this location
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TSC Minutes
November 6th, 1995
page 11
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C,~NSTbBR NOP~HE Q9UCH STb 0~ OAIC STRRT A~yTANCg p25
BAST OP THE~1~8T CItRB 0 ' JAtlOp 8Tl2xx
Clark said this is at the intersection of Jagoe and Oak street at the
Southeast corner, It is a busy intersection. The term "line•uf-sightrr
oub of,tthe apartmentya driveway, TYt~slpiobablyiggline~of-dig opphbaforcoming
people
having to weave in and out, But, it's really more of an illegal use of
a lane that should be a continuous turn lane not used for parking,
I
Officer Atkinson references the State Rouse on the work order form,
it's actually the Colonel Oaks Apartments, The manager is Mary Sohooly
and she is in favor of this request. She says the majority of people
are students trying to get to WT yat not pay for parking,
occasion*11y, these are guests, Theyy do have enough parking on site for
their rusidAnts but not necessarily for visitors, She recommends that
visitors park on Hickory where it in legal.
This in a policy zone, Staff is still finding those occasionally, Me.
Sohooly days eometimes they can't gat out of their driveway and cant
get to her dumpater to unload it, She is loot in favor.
STAPP RRCOMMSNbRbi Approval
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COMMTSSTONERSi Hobdy made a motion to approve the no parking zone on the south
aide of Oak street 225, east of the east curb of Jagoo. Minnis
seconded the motion, Motion passed unanimously,
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NO PARKING THE SOUTH
SIDE ❑F" ❑AK STREET 225'
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE
PARKING OF VEHICLES ON CERTAIN PORTIONS OF OAK BTREETI PROVIDING A
PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200,00)1
PROVIDING A SEVERABILITY CLAUSEI REPEALING ALL ORDINANCES IN
CONFLICT HEREWITHI PROVIDING FOR PUBLICATIONS AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
i
~ SDCTIQN 1. When etgrs are erected giving notice thereof, no f
person shall park a vehicle, at any time, upon the following
portions of the following streets in the City of Denton, to-wits j
The south side of Oak Street from the east curb line of Jagoe
Street east for 225 feet.
CTION II. That an individual adjudged guilty of any of the i
provisions of this ordinance shall be guilty of a misdemeanor, and
r punished by a fine not to exceed Two Hundred Dollars ($700.00).
SF,CTION III, That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstkince is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
l k
SEC'T'ION IV, That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTIPI V. That this ordinance shall become effective fourteen
(19) clays from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ter. (10) days of the
date of its passage,
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY, MAYOR
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ATTEST I
JENNIFER WALTERS, CITY SECRETARY
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{ APPROVED AS TO LEJAL FORMI
HERBERT L, PROUTY, CITY ATTORNEY
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MEMORANDUM
DATSt December 1:3, 1995
TO+ Rick Svehla, Acting City Manager
F'ROMi
Merry Clark, Director of Engineering & Transportation
SUBJECTi UNT petition to change the direction of the Highland
between Avenue E and Welch street, and Maple between
Avenue n and Welch
Eric Jackson, Chief of Police a!: The University of North Texas, is
making this request, The Traffic Safety Commission has reviewed
the request on approximately three different occasions and is in
favor of it. This change also eliminates the confusing section
! between Welch and Avenue A tint is still 2 way, All private
f property (4) owners were notified and expressed no opposition,
UNT plans to implement this change, if approved by City Council,
during the 1996 summer session, Traffic will be less during this
time promoting a lesser impact on the driving public,
All signage and signal r;osts will be incurred by UNT,
staff recommends approval.
J ryCl
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CITY COUNCIL, REPORT FORMAT
DATE December 13, 1995
TOr Rick Svehla, Acting City Manaiger
PROMr Jerry Clark, Director of Engineering and Transportation
SUBJECTr Petition by The University of Norte Texas to change the direction
of the Highland between Avez,Ue and Welch street and Maple
between Avenue D and Welch
BECOMMENDATIQjk
Staff recommends approval,
~UNh1ARY/tlACKtlRO.U~U i
The University of North Texas (Eric Jackson, Chief of Police at UNT) is making
this request, This route will provide a more direct route into the campus from
the Avenue t) entrance way and visitor center. The UNT shuttles will be more
efficient with those routes and for those visiting the UNT campus area, The UNT
police department can enforce consistently between Welch and Avenue E, Avenue D
end points.
The Traffic Safety Commission has been briefed on approximately three occasions
and is in favor o£ this request, Dannie Cummings Traffic Consultant, also
recommends approval and describes the specific benoiits of the change,
PROGRAMS, DEPApTMENTS• OR GROUPS APFECTEDI
UNT Police Department and driving public
IISCAL, 1MPACT1
UNT will be paying for signage and signals on tho streets.
RES CTFU Y SUBMITTEOr
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Acting City Manager
Prepared byr
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A /ditrastIve seoretary
Approvodr /
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Dir or of ngineoving & Transportation
AES00605
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Traffic Safety Commission Memo AP* Item
October 31, 1995 Guo .
page 6
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ITEM 0 LSCDMR A PETITION BY TIC UNIVERSITY OF NORTH TEXAS TO
CHANGE HIR 7 'CXO OP THE HIGHLAND AND MAPLE ONE WAY
COUPLET BETWBEN AVj~U B(D WELCH .STREET
PROM COUNTER CLOCKWISE rWMT AntD BAS I
O: OCKWISB (FAST AND WEST) AND TO CHANGE MAPLE
i
MOM; TWO WAY OPERATION BETWI N AVENUE A AND WELCH
TO' ONE WAY OPBRATION FLOWINO WESTBOUND:
This request is from the University of North Texas. TSC has received general
business briefings and backup on two previous occasions, The two requests are
from Brie Yackson, Chief of Police at UNT A favorable evaluation from Dannle
Cummings is also attached
This can be very favorable for all parties. A key component of that change Is to
convert all of Maple to 2-way operations between Welch and Avenue A, There
are tour property owners on Maple who are separate from UNT. All the rest of
the ownership on Maple and all the ownership on Highland are the University of
North Texas, The following Items were requested by the Commmission,
i
1, Two maps that show exlsting and proposed conditions,
2. The cost of the changes are as follows
Signal equipment approximately $10,000 - $15,000 to adjust,
relocate, and make operational,
Sign changes will cost about $5,000 to update, relocate and Install.
An overall budget of $20,000 to $25,000 should be adequate when
miscellata:ous Items are Included such as painting, pavement
markings, etc.
Staff recommends approval of these changes to Highland and Maple with iho
Inclusion of Maple being one way between Welch and Avenue E,
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1,)anc~a Item '
TSC Min"tea
November 6th, 1995
page 15
ITEM IL5 N51DBR A PETITION BY THE UNIV MITY OF NORTH TUNAS TO CHAIN'OE THfl
1=tQN OP THE HIOHLAND AND MAPS YAY COUM-T BETWEBN AVENUE
ANU WELCH t'tYREBT ?
Prom; Counter Clockwise (west and cast)
To: Clmkwiso (east and west) and to change Maple
From: Two way operation between Avenue A and Welch
To: Ono way operation flowing westbound
Luce, an employee of UNT, abstained from the panel and left the Council Chambers.
Clark said the map shows the detail, Currently, Highland flows westbound and Maple flows eastbound.
This would make Highland flow eastbound and Maple westbound, Maple is two way between Avenue
A and Welch. This would make it one way coming back.
Staff has includN all the backup In the analysis. A couple of Eric's letters, Cummings analysis, and
costs estimates (around $25,000 at maximum) are enclosed It is important to staff that one way traffic
Is maintained
Clark presented the manual "Institute of Traffic Engineers", in It Is the "Truffle Safety Tool Box" that
talks about how much capacity and safety you get with one way streets. That's why staff thinks It's
very Important that it Is included
i
Phillips said he recommends approval providing the university pays the cost for changing All the signals
and signs.
Brio Jackson, UNT Chief of Police, came forward to address the commission, The university has
contributed cos( to the signalization of Welch street and would pay any reasonable costs associated with
this change because It benefits the university.
Bacon asked, UNT Is going to pay for it? Jackson said the university can agree to that. There will be
some other associated cost too. The final figures may have to be approved by somcono else, but that
shouldn't be a problem
Clark said the four letters represent the four properties on both the entire length of the street, All of
Highland Is owned by UNT and all but these four properties are owned by UNT on Maple. They were
notified and arc not In opposition,
Bacon said there was a sight Issue In Prie's letter May 241h, 1995 requesting that the Improvements on
Highland be requested In the CIA. What Is the status? Clark said currently it's in. If this ended up
happening, staff would work with Btle to put that turn lane at a different location that would provide
approximately the same capacity of Improvements. Right now It's In the 5th year of CIP. It was
requested last year and was placed In the year 994000,
STAFF RECOMMENDED: Approval
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TSC M1nUtee
November 6th, 1995
page 16 !
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COMMISSIONERS; Phillips made a motion to Approve Item N5 with consideration petitioning the
University of North Texas to change the direction of 141Ghiand and Maple one way
! couplet with Avenue E and Wolch providing the university pays for the cost of the
sigaage and signals in the streets, HoWy seconded the motion. Motion passed
unanimously.
Meeting adjourned at 6:55 p ,m.
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Ape~d~ No, - ~
ORDINANCE NO. Acmde him -
-'Dote
ORDINANCE OF THE CITY OF DENTON, TEXAS, PRO
?FIC ON CERTAIN PORTIONS OF HIGHLAND STREET AND MAPLE STREETI
'IDING FOR A PENALTY OF A FIVE NOT TO EXCEED TWO HUNDRED
ARS ($200,00)1 AND DECLARING AN EFFECTIVE DATE,
COUNCIL OF THE, CITY OF DENTON HEREBY ORDAINSi
i
SECTION I. That Highland Street from its intersection with
Avenue E to its intersection with Welch Street is hereby
restricted to one-way traffic travelling west to east,
SECTION II, That Maple Street f!;om its intersection with
Welch Street to its intersection with Avenue D is hereby
restricted to one-way traffic travelling east to west,
TION ~ki,_ That when signs are erected giving notice
thereof, any person violating any of the provisions of this
ordinance shall be guilty of a misdemeanor, and punished by a
fine not to exceed Two Hundred dollars ($200,00),
I
$EGjION IV. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstance is held invalid
by any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despite
any invalidity,
,
SECTIQN.V, That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within (10)
days of the date of its passage,
PASSED AND APPROVED this the day of ,
1996,
i
BOB CASTLEBERRY, MAYOR ~u
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BYJ
APPROVED AS TO LEGAL FORMi
HERaSRT` L. PROUTY, CITY ATTORNEY
BYJ~~
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Apaula Mara ~
CITY OF'Di;NTON, TEXAS CITYNAU WEST ~ 221 N. ELM # DENTON, TEXAS 76201 r (817}566.8350 # DFWMEM0434-2629
Planning and DeucloPment Dcparturent
MEMORANDUM
1
DATE; January 2, 1996
4 {
TO; Honorable Mayor and Members of the City Council ?
FROM; Frank H. Robbins A101, Director of Planning and Development
SUBJEC f; Development Polley Committee Appointment
I '
i Staff is requesting Council direction concerning membership on the Development Policy
Committee who would make recommendations concerning the update of the Denton
Development Plan
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Council adopted by motion attachment 1. Pursunnt to committee appointment by neighborhoods,
thirty-seven (37) neighborhoods were invited to attend a meeting on December 12th and
nominate four Committee members from the four council districts. About 23 people attended,
Many of those who attended came as a consequence of reading or hearing about John Weber's
recent guest column In the Denton Record Chronicle, Few neighborhood associations were
represented. Only one person came from District 1. They felt it Inappropriate to choose
committee members until broader representation were present
Those assembled agreed to meet again on Monday, January 19th at 700 p.m. after much
broader notice is given. Staff has scheduled the Center for Visual Arts for the January 29th
meeting, Council's motion calls for neighborhood associations to make nominations for one
neighborhood representative per council district.
On a vote of about 20-3, It was requested that neighborhood/council district representation be
increased from 1 representative per district to 2, or from 4 to 8.
If Council agrees with the broader notice, staff could call each neighborhood point of contact,
put notice in the paper and on channel 25 and 26.
"Dedicated to Quality Serolce"
1pJAfi] ItO,...~
ApJnda Item
Honorable Mayor and Members of the City Council onto
January 2, 1996
Page 2
On November 30th, staff mailed invitations to nominate to the other organizations selected by
the Council for nominations We asked for nominations by December 31st, To date, the
American Institute of Architects has non]lnated Gary Juren and Gil Bernstein has been nominated
by DISD. See the attached letters, Without objection, as Director of the Midwest Section of
the Texas Chapter of the American Planning Association, Frank Robbins will make a planner
nomination,
i
Some of the Council may have heard the residency Issue raised. Some living In t%a D+TJ want
to participate, Staff has represented that such participation is welcome, we woul., notify them
of meetings, but that Council's committee membership motion Include "
standard, The planning area includes land outside the city limits, d the "live In Denton
Staff welcomes Council suggestions and questions (5668350, ask for Frank, Harry, Cecile or
voice mail),
.
Frank . Robbins, CP
PHRtlah
Attachments:
1. Adopted nomination paper.
2. DISD nomination,
3. AIA nomination.
pc Rick Svehla, Acting City Manager
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SUOOZSTED HARE-UP OF DEVELOPHUT POLICY CO Q
I i
2 members of Planning and zoning commission, selected by P & z
2 members of City Council, selected by Council
3 Business representative, selected by Chamber of Commerce
~ jf~iX1~£it5
1 real estate professional, selected by Realtors Assoc,
d development professional, selected by appropriate professional
association
1 representative of OrSD, selected by DrSD Board
1 representative of TWU, selected by TWU
1 representative of UNT, selected by UNT
4 representatives of city's geographic areas (1 from each Council
District), chosen by neighborhood assooiations
I members appointed by the Council with suggestione from staff
and/or respective profesaiona~ associations, from the
following (or related) professions
architect
professional planner (not staff member)
professional engineer
Chairperson, to be appointed by Council
J.
DENTON INDEPENDENT SCHOOL DISTRIC p0d1140.
Dr. Alban Wfhomu, SupVrinlendenl ?Mda IfQRI C
1307 N, Locust Ov,,
P,O,Box 2387 .r-.....
Denton, TX 74201
(817) 387.6151
December 8, 1996
Frank 1{, Robbins, AICI'
Director of Planning and Development
City of Denton
221 N, Elm
Denton, TX 76201
Attn: Development Policy Committee
Dear Frank;
! We at Denton 1SD appreciate the Denton City Council's invitation to be a part
of the committee to update its master plan of development, The person who
will represent the district is;
Mr, Gilbert Bernstein
Assistant Superintendent for Administrative Services
1307 N. Locust St.
Denton, TX 76201
817-387.6161
We look forward to participation with the City on this important project,
Sincerely,
%
Albert Thomas
P,
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IPAIA
DailosChoppler
American Insillvle of Archllocls
December 8, 1995
Frank H, Robbins, AICP
C/o Development Policy Committee
City of Denton
City Hall West
221 Notth Him Street
Denton, Texas 76201
Re. Development Policy Committee Appointment
i
I
Deer Mr, Robbinst
I'd like to extend the Dallas chapter of the American Institute of Architect's (D/AIA)
appreciation for contacting us regarding the Development Policy Committee, As this
committee will be malting recommendations regarding revisions to the Denton Development
Plan, I am encouraged that this committee includes architects and other design professionals. I
I'd like to recommend Mr Clary Jul AIA, for appointment to this committee. Clary has
had an architectural firm in Denton since 1980 and has also been involved in many Denton
civic activities Including serving on the Planning and Zoning Board, the Building Code
Board, and various Chamber of Commerce committees, I have discussed this appointment
with him, and he has expressed interest and enthusiasm for the opportunity to serve on this
committee. Only can be reached at,
Clary Juren Architects Company Ph: 817/566.3316
222 East McKinney Avenue Fax: 817/381.0603
Suite #20r?
Denton, Texas 76201
Again, thanks for contacting the D/AIA regarding this, I believe Clary will be a positive
contribution to the this Committee as well as represent the D/AIA admirably.
Sincerely,
Marcel Quimby, AIA W Clary Juren, AIA
D/AIA President Clloria Wise
2811 McKinney Avenue, Suite 20, LB 104
Dallas, Texas 15204
214/811.9, 98
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CITY OF DENL NL ?EXAS muN101PAL 8U1f.D1NQ DENTON, TEXAS 76201 TELEPHONE (8 i7 5~ 66.8307
0#10e of the C11y Manager
MEMORANDUM
TO$ Mayor and Members of the City Counoil
F'ROMI Rick Svehla, Acting City Manager
DATSs December 29, 1995
i
SUSaNCTt Extended Hours For Sale of Alcohol on Premises
You may recall this item was requested by Councilmember Cott, We
have not supplied any backup. Staff members will be at the meeting j
to try to answer any questions.
Should you need information in the meantime please give me a call,
b
Sinc ,
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Rick Svehla
'UeAlcared to Quality 5ervlce"
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