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Home My WebLink About03-25-1997 • h City Council Agenda Packet March 25, 1997 r i I • • i I AGENDA Agenda No. 2 t~}~oZ CITY OF DENTON CITY COUNCIL Agenda Item. ^ March 25, 1997 Date Closed Meeting of the City of Denton City Council on Tuesday, March 25, 1997 at 5:30 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. 5:30 p.m. 1. Closed rieeting: A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, March 25, 1997 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: { NOTE: A Work Session is used to explore matters cf interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the chizet,'s opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 6:00 p.m. A 1. Receive a status report from the Development Policy Committee regarding the • presentation of the Denton Development Plan at the proposed public meetings am the related schedule and give staff direction. 2. Receive an update, hold a discussion and give staff direction on the Infill Policy. • I • • City of Denton City Council Agenda March 25, 1997 Page 2 3. Receive a briefing, hold a discussion and give staff direction regarding the rail crossing for Nottingham and the elimination of the crossing at Willis Street. Following the completion of the Work Session, the Council will convene into a Special Call Session to consider the following: 1. Consider adoption of an ordinance annexing a 286.57 acre tract located north of Brush Creek Road and east of Highway 377; and establishing temporary agriculture "A" zoning district classification. (First Reading, A-75) 2. Consider an appeal of a suspension of service for Denton Taxi Company. CERTIFICATE 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 , 1997 at -o'clock (a.m.) (p.m.) 1 CITY SECRETARY 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-RI- .AY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE, ACCO0374 r J I ,t • e ApenQe No. 97-01a Agenda Hem W-S / _ Date I-e?f 47 CITY COUNCIL REPORT TO: Mayor and Members of City Council FROM: Rick Svchla, Deputy City Manager DATE: March 25, 1997 SUBJECT: Receive a status report from the Development Policy Committee with regard to the update of the Denton Development Plan. SUMMARY: City Council appointed a twenty three (23) member Development Policy Committee (attachment 41) in March, 1996, to conduct a study and make recommendations to the Planning and Zoning Commission and Council with regard to the update of the 1988 Denton Development Plan.(DDP) The Committee held 25 work sessions over the period April 8, 1996 through March 10, 1997, and also made a bus tour to development sites in Denton, Lewisville and Carrollton, The Committee proposes to hold four public meetings, one in each of the four voting districts. Since staff briefed the Council about those meetings, (March 11) the Committee has changed the dates for the convenience of some members. Staff will notify as many people as possible with regard to the schedule for the public meetings,(See attachment #2) The Committee has prepared a draft of the 1997 Denton Development Plan (included in attachment #3) which will be presented to four public meetings to be held in May. We have also included the existing plan with additions and deletions (Enclosure H1, attachment #3) The 1997 proposed concept map allocates Iargc areas for moderate and high intensity land uses in a linear pattern along the freeways and primary and secondary arterials. (See attachment 44). This is a major change from the 1988 concept map which established a hierarchy of development centers to accommodate moderate and high intensity land uses. (See attachment 45) The Development Policy Committee has also nominated Larry Luce to present the 1997 Draft Plan to Council and to the scheduled public meetings. ! BACKGROUND: The 1988 Denton Development Plan (DDP) contains a general policy for major update every five to ten years dependent on population gromb and the extent of amendments during preceding t years. City Council approved a work program on October l7, 1995, for staff to proceed with a O major update. Council then appointed the Development Policy Committee on March 19, 1996. ! ! The Committee held 25 work sessions over the period April 8, 1996 through March 10, 1997 l 1 • s PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Land owners, developers and residents. FISCAL INIPA(T: Not applicable. Please advise if I can provide additional information. RE. LILLY SUBMITTED: Rick Sveh a Deputy City Manager Prepared by: OOLN41~ N a Harry N. ersaud, NIRTPI, AICP Senior Planner ATTACHMENTS: (l) List of members, Development Policy Committee (2) Media plan and schedule of public meetings (3) 1997 Drafl DDP with enclosures 1, 1988 DDP `markup' showing changes (4) 1997 proposed concept map and 1988 concept map (5) Low, Moderate and High intensity areas 1 ti 2 r, i • ATTACHMENT I DDP COMMITTEE 1. Jo Nash 381-5055 (wk) P.O. Box 1552 387-0464 (hm) Denton, TX 76202 2. Mr. Curtis Himes 565-0975 P. O. Box 2558 Denton, Texas 76202 3. 'sir. Roger Ramirez 898-0143 (A) 409 Woodland 565-1253 (hm) Denton, TX 76201 4. Mr. Gilbert Bernstein 387-6151 Asst. Superintendent DISD 1307 N. Locust St. Denton, TX 76201 5. Mr. Gary Juren, AIA 566-3316 Gary Juren Architects 222 E. McKinney, Ste. 200 Denton, TX 76201 6. Mr. Dick Smith 382-8986 Cobalt Manufacturing 1020 Shady Oaks Denton, TX 76205 7. ?sir. Chuck Hanley, Dir. 898-3131 Physical Plant, TWU P. O. Box 425619 Denton, TX 76204-5619 8. Dr. Larry Luce 565-2393 (wk) ! P. O. Box 13527, UNT Denton, TX 76203 9. Mr. Rob Rayner 382-1541 Tom Fouts Realtors 1108 Dallas Dr., Ste. 310 Denton, TX 76201 ! • 10. Mr. Terry Schertz 566-6005 (hm) 1112 Ellison Park 566-3005 (wk) Denton, TX 76205 • • 11. Perry Slack 3834134 15 Oak Forest Circle Denton, TX 76205 12. Martha Guerra 383-1541 (wk) 909 E. McKinney 484-8490 (hm) Denton, TX 76201 13. Juanita Johnson 383-2641 (wk) Texas Bank 382-0431 (hm) P. 0. Box 1977 Denton, TX 76202 14. Carolyn Smith 387-6772 (wk) 7833 1-35N Denton, TX 76207 15. Alma Clark 382-5980 1129 E. Hickory Denton, TX 76201 16. Jim Engelbrecht 565-1009 2305 North Lakes Tr. Denton, TX 76201 17. Jesse Coffey 565-1352 3513 Granada Trail Denton, TX 76205 18. Mike Cochran 387-0995 610 W. Oak - Denton, TX 76201 19. Bob Powell 898-5622 (wk) 127 W. Woodrow Ln, 382-1390 (hm) Denton, TX 76205 0 20. Carl G. Young, Sr. 566-8790 321 E. Mill St. ` Denton, TX 76205 21. Euline Brock 898 2140 (wk) • 1900 Westridge 382-2436 (hm) ` • • j Denton, TX 76205 J , T c t . • • 22. Charldean Newell 387-4768 (hm) 709 Mimosa Dr. Denton, Tx 76201 1T ST- FF 23. Ed Hodney 566-8271 (wk) Director of Parks and Recreation 24. Jerry Clark 566-8506 (wk) Director of Engineering and Transportation 25. Harry Persaud 566-8121 (wk) Senior Planner 26. Rick Svehla 566-8307 (wk) Deputy City Manager AXX009EC i r I • • • 5 1 1 A( 7 0 0 r ATTACHMENT 2 CITY of DENTON, TEXAS MUNICIPAL BUILDING @ 215E McKINNEY @ DENTON, TEXAS 76201 (817) 566.8200 v DFW METRO 434.2529 MEMORANDUM DATE: March 7, 1997 TO: Ted Benavides, City Manager FROM: Richard Foster, Public Information Officer SUBJECT: MEDIA PLAN FOR DDP PUBLIC MEETINGS In order to notify as many people as possible about the four public meetings on the Denton Development Plan (DDP), and pending Council approval on March 25: • the planning department will include notices in all utility bills beginning Aprit L • the planning department will send fliers to neighborhood groups, churches, service organizations, developers, and the Chamber of Commerce. the planning department will place quarter-page advertisements in the Denton Record- Chronicle on Wednesday, April 30 and Sunday, May 4. • I will send a news release (draft attached) to our list of regular media outlets. These include the Denton Record-Chronicle, Marcus Cable, the Dallas Moming News, KNTU radio, UNT Eagle News 22, the Fort Worth Star-Telegram, the UNT Daily, the TWU Lasso, and television channels 4, 5, 8, and 11. The news release will be fazed on Monday, April 28. • 1 will place a message (draft attached) on the channel 26 bulletin board on Monday, April 28. I will include an article with the meeting schedule in the Denton Focus Newsletter, which is included with the parks and recreation department's PLAY brochure. This will be distributed to the public on Wednesday, April 30. I will make arrangements to have all four meetings videotaped. If you need additional information, please advise. r t _~~~1.S~lC~~A~~ ~S.J~-A}L1r• _ _ o Richard Foster • o Attachments cc: Betty Williams, Assistant to the City Managg ~.uaese "Dedicated to Quality Service" 0 p. CITY of ywroNr TEXAS MUNICIPAL BUILDING $ 215 E McKINNEY @ OENTON, TEXAS 7620f (817) 566.8200 • DFW METRO 0344529 April 28, 1997 Contact: Richard Fester For Immediate Release (817) 566-8509 City Holds Public Meetings The city of Denton Is Inviting residents to participate lathe update of the Denton Development Plan (DDP). The DDP is the long-range comprehensive plan intended to guide future growth and development of Denton. The plan contains policies for land use, transportation, housing, oconomic development, parks and recreation, and specific area policies. The Planning and Zoning Commission and City Council use the policies in the DDP to make development-related decisions. The city Is encouraging the public to attend and provide comments. The meeting schedule is: Monday, May S, 1997 at 6:30 p.m. Wednesday, May 7, 1997 at 6,30 p.m. Newton Rayzor Elementary School Woodrow Wilton Elementary School 1400 Malone 1501 Emerson Monday, May 12, 1991 at &_10 p.m. Thursday, May 15,1997at6:30p.m. ` Sam Houston Elementary School Martin Luther King Center 3100 Teasley Lane 1300 Wilson A copy of the draft plan may be obtained from the planning and development department located at 221 N, Elm Street or by calling (817) 5668350. r 7 AM0466 "Dedicated to Quality Service" { • • I` Message Announcement for Channel 26 Bulletin Board Begin run: Monday, April 28, 1997 PUBLIC MEE'T'INGS The city of Denton is inviting residents to participate in the update of the Denton Development Plan (DDP). The DDP is the long-range comprehensive plan intended to guide future growth and development of Denton. The plan contains policies for land use, transportation, housing, economic development, parks and recreation, and specific area policies. The Planning and Zoning Commission and City Council use the policies in the DDP to rrake development related decisions. Public meetings are scheduled for the following times and locations: Monday, May 5, 1997 at 6:30 p.m. Wednesday, May 7, 1997 at 6:30 p.m. Newton Rayzor Elementary School Woodrow Wilson Elementary School 1400 Malone 1501 Emerson Monday, May 12, 1997 at 6:30 p.m. Thursday, May 15, 1997 at 6:30 p.m. Sam Houston Elementary School Martin Luther King Center 3100 Teasley Lane 1300 Wilson A copy of the draft plan may be obtained from the planning and development department located at 221 N. Elm Street or by calling (817) 566-8350. AAA04E88 4 i • • f DOR SCHEDULE February 10, 1997 Complete review of.:rrent draft February 24, 1997 Review major issues with committee. Receive directions for public meetings. February 25, 1997 Brief Council on DDP schedule. March 10, 1997 Review final draft and maps. Schedule presentation (i.e. who presents, highlights etc.). March 25, 1997 Council briefing. 40 day mail out schedule using utility addressing information. Four public meetings scheduled for 6:30 pm as follows: May 5, 1997 Newton Rayzor Elementary, 1400 Malone (District 3) May 7, 1997 Woodrow Wilson Elementary, 1501 Emerson (District 2) May 12,1997 Sam Houston Elementary, 3100 Teasley Lane (District 4) May 15, 1997 MLK Recreation Center, 1300 Wilson (District 1) May 19, 199' Compile all input from public meetings and/or make changes. June 10, 1997 Council briefing. June 25, 1997 P & Z study session. July 9, 1997 P & Z public hearing. , August 5, 1997 City Council public hearing. • a uczunafa J K . s • ATTACHMENT 3 DENTON DEVELOPMENT PLAN Rw DENTON,TEXAS ~O l CITY OF DENTON MARCH, 1997 ~0 • DENTON DEVELOPMENT PLAN TABLE OF CONTENTS Part I. Introduction Preamble Goals .....................................................2 Part II. Development Objectives and Policies Objective 1. High Intercity Centers and Corridors 3 Objective 2. Moderate Intensity Areas and Corridors 3 Objective 3. Low Intensity Areas 5 Objective 4. Development Decision Making Process and Criteria 7 Objective 5. Intensity Area Boundaries 11 Objective 6. Housing 11 Objective 7. ]lousing and Neighborhood Preservation 13 Objective 8. Transportation 14 Objective 9. Economic Development 18 Objective 10. Parks and Recreation 19 Objective 11. Urban Design 21 Objective 12. Geographically Balanced Growth 22 Objective 13. Compact Growth 23 Objective 14. Conservation 23 Part Ill. Specific Area Objectives and Policies Objective 15. Designation of a Specific Area 23 Objective 16. Municipal Airport Area 24 Objective 17. The Downtown Area 26 Objective 18. East Denton 26 Objective 19. Development Near the Pecan Creek Wastewater Treatment Plant 26 Objective 20. North Locust/North Elm Street south of Orr Street 27 Objective 21. Oak-Hickory Historic District 27 Objective 22. Implementation Policies and Guidelines 27 i Mart of Slarth 11, 199? !1 l i • i • Part is Goals: The physical development of Denton will have the following characteristics and outcomes: 1. Denton will continue to be recognized as a unique and great place to live, work, learn, and play. 2. Development takes place in all areas of the city. 3. Diversified housing is built for low, moderate, and high income families. 4. Land in the vicinity of the municipal airport is economically utilized. S. The major activity area in the northwest continues to grow to balance the central and southeast major activity areas. 6 t k: spatial pattern and timing of development occurs so that the cost of public services ! :,frastructure are minimized. I, 16! development within Loop 288 occurs in order to secure maximum utilization of existing serrices and infrastructure. 8. Residential neighborhoods are protected from the intrusion of incompatible land uses, traffic, noise and pollution. 9. The design, image and character of the city is improved 10. Land use is diverse. 11. Housing, community facilities, employment, and shopping are in close proximity. 12. The land use pattern is conducive to the successful implementation of a mass transit system. • 13. Development occurs that minimizes traffic congestion. .r 14. The downtown continues to revitalize and redevelop. • t i i !2 • • i i Part Il: Development Policies Objective 1. High Intensity Centers and Corridors. Strategically located, large concentration of commercial, retail, office, industrial, distribution, and high density housing will continue to attract regional and national markets. Policy 1.1. Locations. As shown on the concept map. Policy 1.2. Adequate public infrastructure is made available for the development of these areas. Policy 1.3. The development of these high intensity centers and corridors will not disrupt existing residential neighborhoods or future predominantly single family development. Policy 1.4. Development of nationally recognized high amenity businesslindustrial park(s) should be encouraged and receive public support in these areas (except the downtown area). Policy 1.5. Zoning case related intensity analysis in these areas is not necessary. i Policy 1.6. Land use density including high density housing is encouraged in these areas. Policy 1.7. Except in the downtown center, low density housing in these areas should be discouraged. However, low density housing in these areas may be required to provide mitigation from the impact of adjacent or near-by major activity areas, to include 111.35 and Loop 288. Policy 1.8. Existing and future low density residential areas on the fringe of these major activity centers should be protected by such measures as land use transition, such as office, medium density housing, campus style business parks, and open space, and buffering; site plan, design requirements and transportation impact analysis, • that would be part of zoning case analysis. Policy 1.9. Traffic planning should ensure that no local residential streets are utilized for general circulation to these high intensity areas. • Objective 2. Moderate Intensity Areas and Corridors. ~ o , A wide diversity of land uses that is less intense than that in major activity areas will occur along highways and designated arterial streets and d,eir intersections. t i 13 • • Policy 2. L Locations: as shown on the Concept Map. Policy 2.2. Intensity Standard. The intensity standard for moderate activity areas is a maximum of 350 intensity trips per acre. Policy 2.3. Diversity. Land use diversity will be encouraged in moderate areas to promote the following: - Creation of a sense of "my part of town" and a sense of place. - Reduction of cross-town traffic. - Location of jobs and housing in close proximity - Improving the community's image. - Access is adequately managed, such as limiting curb cuts, providing parallel access roads and developer provided turn lanes and roadway capacity enhancements. Policy 2.4. Moderate Area Bonus. Intensity bonuses for mixed land use developments that include public or nonprofit community type service facilities or uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or governmental offices may be given. A developer may qualify for an intensity bonus for a mixed use development by putting a community type facility or designating a land use for a community facility at or close to a major intersection in the moderate area. The formula for calculating intensity bonuses shall be as follows: Number of acres, x 350, plus Number of acres, x 603 I = Number of acres designed for governmental offices or community services and facilities 2 = Intensity factor for moderate center 3 = Intensity factor for low intensity area • The intensity bonus can be used to extend the boundaries of the moderate area. ~ For example, a 5 acre park shall earn a bonus of 2,050 intensity trips (5 x 350 + 5 x 60). If this is used to develop multi family housing at 25 units per acre it will expand the center by (2,050/200,) 10.25 acres. ® 4 = Units/acre multiplied by number of trips generated by land use, e.g., ! O multi-family generates 8 trips per unit. The developer providing the community facility is the individual who receives the bonus and the bonus may be an increase in land or in the intensity allowed for the 14 I i • • developer's land. Policy 2.5. [sigh-Density Housing. High-density housing is encouraged in moderate areas under the following conditions: 1) Transition and/or buffering between land uses. 2) No direct access to a single family residential street. 3) Good site design to protect adjacent single family areas, such as utilizing large setbacks, landscaped front yards, buffering; and adequate open space or recreation facilities for residents. Objective 3. Low Intensity Areas. - Most residential, especially single family development will be preserved, developed, or redeveloped in safe, attractive, uniquely identifiable strong neighborhoods. Policy 3.1. Location: As shown on the Concept Map. Policy 3.2. Intensity. The intensity allocation is a maximum of 60 trips per acre. Policy 3.3. Diversity/Neighborhood Protection. Small scattered sites of medium and high ` density housing, and nonresidential uses may be allowed subject to the following I limitations: IE 1) If the overall density/intensity standard is violated, a development may be subject to (a) strict site plan, architectural or design review that maintains the area's character, (b) additional landscaping and buffering, and ( c) mitigation of potentially harmful impacts. 2) High density housing and nonresidential uses have access to collectors or • larger streets or highways, and no direct access through residential streets. 1 3) Adequate access management, such as limiting curb cuts and developer built roadway capacity improvements such as turn lanes, traffic signals, and parallel access roads, occurs. • 4) Sufficient green space, recreational facilities and diversity of parks are • O provided. 5) Input into planning and development review by neighborhood associations and councils is encouraged. This policy is intended to generate input and not /S e • veto power. i 6) Non-residential development should be located at least a half mile from any other non-residential/retail development measured along and on the same side of a street. 7) The size of non-residential development in low intensity areas should not exceed from 2 to 5 acres depending on their access to a specific category of street, as follows: Direct access to freeway - 5 acres Direct access to primary or secondary arterial - 3 acres Direct access to collector street - 2 acres S) High density housing is defined as any housing development with density of 12 units or more per acre. The size of a high density housing concentration should not exceed 100 to 200 units in one location depending on access to a specific category of street, as follows: Direct access to freeway - no limit. Direct access to primary or secondary arterial - 150 units Direct access to collector street - 100 units 9) High density housing concentrations should be located at least 'h mile apart, measured along, and on the same side of a street. 10) Existing street and other public facilities are adequate. 11) Existing low density housing is protected by good land use transition, screening, buffering, adequate open space, landscaped front yards and buildings in character with the neighborhood. i 12) Adverse impacts are mitigated. Policy 3.4, Manufactured housing may be compatible with and allowed in low intensity areas subject to the following conditions: • • • - S) The overall intensity standard is not exceeded. ' 2) No concentration of more than 200 units. j i /6 I ~..-.......~-~.,....:+~►w+a,wTSM~~. . Mti~A41rl~,1 _ ,..,:...ti!i...w r,,... , • • 3) Access by a collector street or larger. 4) Adverse impacts are mitigated, 5) Sufficient green space and recreation facilities are provided. 6) Input in the development review process by nearby neighborhoods. Policy 3.5. Any form of continuous strip commercial development is strongly discouraged in low intensity areas. Objective 4. Development Decision Making Process and Criteria. In order that development and zoning considerations be made consistently by basing them on the policies of this plan, and in order to be in accordance with state law and the city charter that requim consistency with a master plan, the following policy analysis, decision making process and criteria will be followed. Policy 4.1. Intensity Allocation and Calculation. As a general planning policy, a specific development should only make use of a proportionate share of the trip generation intensity allocated for the intensity area in which the development is proposed. A proposed development's intensity, as determined using the following chart, should be compared to the intensity area's intensity standard. Low intensity areas' standard is 60 intensity trips per acre; moderate area, 350 intensity trips per acre. TABLE I: TRIP GENERATION RATES BY LAND USE CATEGORY Land Use Trip Generation Average Level Average Category Factor (per unit of Development Trips/Acr ~ Single Family SF-16 10 Trips 2.0 units/ac 20 Single Family SF-13 10Trips 2.5 units/ac 25 s Single Family SF-10 10 Trips 3.0 units/ac 30 Single Family SF-7 10 Trips 4.20 units/ac 42 Mobile Homes 10 Tri s 8 units/ac 80 • Duplex 10 Trips 8 units/ac 80 O O Multi-fa2j AiF-R 8 Trips 12.5 units/ac 100 Multi-famil MF-1 8 rips 25 units/ac 200 Institutional 35 Trips-1,000 s q' 2,439 s 'lac 85 /7 k s Industrial 6 Trips/1,000 s q' 17,424 s 'lac 105 Office/Government 15 Trips/1000 s q' 23,334 'lac 350 Commercial/Retail 60 Trips/1,000 s q' 10,834 s '/ac 650 Parks 30 For instance, a proposed retail development, generating 650 intensity trips per acre, in a low intensity area with a 60 intensity trip per acre standard would be inconsistent with this policy. Proposed development may be evaluated on an acreage bases, or, if known, on a square foot of building or number of building units per acre basis. Policy 4.2. All proposed development, whether it is consistent with the general policy of intensity allocation, or not, should be evaluated in reference to other policies of the Plan. Policy 4.3. If a specific request violates the general policy of proportionate allocation, a determination should then be made whether there are planning considerations that warrant approval of a disproportionate allocation of intensity. The Planning and Zoning Commission and City Council should consider the following items, but are not limited to these items: a. I[as a disproportionate share of intensity been previously allocated according to existing use or existing zoning? Should this existing zoning be evaluated? b. The location of the proposed development in reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facil?ties, In this regard, the City's Master Plan for public facilities should be :onsidered. It may be found to be more desirable, for example, to allocate more trip generation intensity to a proposed development that is adjacent to, or would have convenient access to, existing or proposed major thoroughfares, major water and sewer lines and drainage facilities. c. The environmental impact of the proposed development. There may be reason to allocate less intensity for a specific property that would damage or otherwise require major modification of natural drainage areas, the removal of large masses of trees, the leveling of hills, and other major topographical modifications to develop. d, The proposal should be reviewed to determine its compatibility with existing and potential land uses in the surrounding area. C. The allocation of trip generation intensity in reference to othe. policies of the • - 0 • f i i Plan, such as, the protection of older neighborhoods and single family housing; diversity of housing; and the concentration of apartments and office/retail sites. f. Negative impacts have been mitigated. Policy 4.4. Intensity Amendments. The City Council or the Planning and Zoning Commission may consider raising the intensity standard or intensity boundaries. However, if the standard is increased, this action does not mean automatic approval of an individual proposal Policy 4.5. Intensity amendments are considered amendments to this master plan, and will follow the following process: The review process consists of a study session by the Planning and Zoning Commission, a recommendation by the Commission to the City Council, and Council determination of the amendment for a change in the intensity. Noticc will be provided to the public. A petitioner, or land owner, or staff may be required to prepare a study containing any information established by the Planning and Zoning Commission. The study should be submitted to or prepared by the staff for review. After the staff has reviewed or prepared the study, it will be submitted to the Planning and Zoning Commission, who would make a recommendation to the City Council. The focus of the Planning and Zoning Commission study will be on the intensity question and the impact of changing an area's intensity standard. l i /9 • _ 7 e e e . srm~(.iT.h'!MibNHL1LY1'~'ftM1h^JCNM:MTV',Y.'1M~Mi'~Y'SYgYL1~T.sMHWl1'tAG.R9MTiI'1V~F11.2bYl.YYMiM.laRilafP~JAM9'O9~MfLM1AY~r1llil~'1~6rM.PllaWG l~~3~'IW ZONING CASE °ui°• DENTON DEVELOPMENT PLAN DECISION DIAGRAM Yes GeneralPollcy NO ProportionaLm Share ITdpo per acre) latensity and use NO arm :led by Yes previous zoning • Consider down zoning? J Disproportionate Share Amend the Alan by Consider Other Policies An lysis thanging the areas Sowdy+se~M•.•vr ^C Intensity standard. a intensity area policies ~W, -4-Criteria rp Boundary •t~i•k-•ersi•te a Houslnq diversity ? s Neighborhood Adequate "Pin P iniustruttun s Discourage strip 7,•--YrweewNs►•fr•►~Y commercial a,-ynaoeaualad • Speaiai s O tii srea b,,,_Uwj@aWA Urban deaign ' AE. Special seulons and • -is•s47Mae•er~aat 4. , • Erotonomt deveiopment 3. &o p•ubitity lnpstt analysts r• CogiyAct iridbAfi±}d,1d 4. Other policies 6afon or with the xorinq ar'w4a. ` eau. tpowth Amend Plan ~ O Consider other policies AAA030CO 0 • Policy 4.7. The level of scrutiny for development proposals that are inconsistent with the development policies of this plan may increase. More analysis, mitigation measures, review of site plans and/or architectural and landscape design may be required. Objective S. Intensity Area Boundaries. Intensity area boundaries should be defined using logical and traditional planning techniques in such a way as to achieve the Plan's goals and objectives. Policy 5.1. The following should be considered when defining intensity area boundaries: a. Draw boundaries along easily identifiable physical features such as creeks, thoroughfares and railroads. b. Environmental features: In order to protect natural resources special consideration should be given to floodplain areas and sites with slopes and trees being placed in low intensity areas. c. Land use and zoning: As far as it is practical, intensity area boundaries should be drawn so as to include existing land uses (built) and current zoning in the corresponding intensity areas based on the guidelines given in the Denton Development Plan, d. Location and shape of tract: Certain tracts of land, because of their shape and location in relation to railroads and thoroughfares and/or existing non- residential development, should best be used for commercial/retail or light industrial type developments. Whenever these sites abut a major activity or moderate intensity area, the boundaries should be drawn to include these tracts as far as it is practical to do so considering all the other variables. e, Land use compatibility: In reviewing existing land use and current zoning for future development, an attempt should be made to integrate land uses that • are compatible and to separate those uses that are incompatible. Policy 5.2. In some areas of town, however, boundaries may not follow traditional planning boundaries. Neighbors may us: common facili!ies and service areas and may have a history of mutual concerns. Therefore, these areas have a socio-economic and physical land use interdependence whose boundaries may not be so easily seen. _ • 0 0 Objective 6. Rousing. Alternative types of housing that respond to the differing economic and individual life-styles of I I ' s M:........ -.:.,,rye • r l s Denton's citizens and that protect existing and future neighborhood integrity should be developed in all areas of the city to promote better utilization of infrastructure, more energy efficiency, reduced traffic congestion and a sense of community. Policy 6.1. Housing Diversity. It is the policy of this plan that housing diversity be strongly encouraged in Denton as a whole. The policy of housing diversity is closely related to housing size, density and cost. Housing density is defined in units per acre as low (0-less than 6), medium (6-less than 1') and high (12 and over). Policy 6.2. the plan encourages the provision of a wide range of housing types in uch quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing life-styles. Policy 63. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the city. Policy 6.4. There should be good site design transition between different housing types and density such as, greenbelts, housing density gradation, and buffering. Policy 6.5. Roads should be designed so that higher density housing can be served without flowing through lower density areas. Policy 6.6. Different modes of transportation should be integrated within and between neighborhoods and activity centers. Policy 6.7. Ordinances should maintain the quality of smaller sized housing. Policy 6.8. Iligh density housing should be dispersed throughout the city with limited concentration in any planning area. Policy 6.9. Apartments, Recreation Facilities and Site Planning. It is recognized that multi-family developments Face greater strain on community recreational facilities. The intent of this policy, therefore, is to encourage apartment complexes • to provide open space and other recreation facilities to meet the needs of residents. Apartment complexes of forty-five units and over should provide recreation facilities including, but not limited to, swimming pool and exercise equipment. Policy 6. 10. Housing Cost and City Regulations. If it is important to reduce the cost of housing by encouraging growth in the low to moderate housing market, according to, but ® not limited to, the following: • Policy 6.10.1. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 10 t • I 1I e • Policy 6.10.2. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. Policy 6.10.3. Explore and implement housing development concepts such as town houses or semi-detached houses sharing a larger recreational and green space. Objective 7. Housing and Neighborhood Preservation. This Plan encourages the preservation and enhancement of neighborhoods and the existing housing stock of our community, including in the following ways: Policy 7.1. Modify codes to encourage remodeling of housing and redevelopment of neighbor- hoods. Policy 7.2. Provide tax incentives for historic preservation. This policy is not intended to provide incentives to individuals or to modify health and safety codes. Policy 7.3. Provide or upgrade public infrastructure, such as streets and parks in older neighborhoods. Policy 7.4. Encourage neighborhoods to interact with the Planning and Zoning Commission, City Council, other pertinent boards, and City staff. Policy 7.5. Encourage city and neighborhood forums and town meetings. Policy 7.6. Assist, when invited, in the formation of neighborhood associations. Policy 7.7. Give special consideration for the protection of older residential neighborhoods that have been improved or have benefited from Community Development Block Grant funded programs and projects and similar federal or state expenditures. Policy 7.8. In reviewing zoning, subdivision, capital improvements and other proposals, give existing neighborhoods specific consideration to ensure stability. q Policy 7.9. Support compatible redevelopment to include the expenditure of public funds. i Policy 7.10. Encourage upgrading or eliminating deteriorating, unsafe, and flood prone structures to the extent that it is judged positive for the overall neighbothood and consistent with historic preservation and flood plain policies, plans, and ordinances. • O O Policy 7.11. When considering development in older adjacent or nearby neighborhoods, the development should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. j I 2.3 • • c e • iI i Policy 7,12. Apartments in Older Neighborhoods. Apartments in the older neighborhoods in addition to complying with the concentration and separation policies of this plan should also follow strict design standards such as: a) Landscaped front yard, setbacks equivalent in site and character to the adjacent single family. b) No parking in front yard of the complex. c) Limited concentration on any one block (two per block as maximum guideline). d) Side and rear yard solid screening fences and landscaped buffer yards. Objective 8. Transportation. The objective of the long-range thoroughfare plan is to avoid congestion, protect low intensity areas and existing neighborhoods, and facilitate multi-modal transportation opportunities by providing larger thoroughfare capacities (freeway, primary and secondary arterials) to serve the major and moderate activity areas and collector and residential streets to serve the low intensity areas with predominantly residential land uses, with a network of sidewalks, bikeways, I recreational trails, and transit routes. Policy 8.1. Thoroughfare and Collector Street Classification and Policy: Policy 8.1,1. Freeway. The freeway classification includes the Interstate Highways and Loop 288. Keep Loop 288 as close as possible to a freeway even though portions of the existing Loop are not in conformance with freeway specifications. Policy 8,1.2. Primary Arterial. These streets transverse the City usually with a minimum of 120 feet right-of-way. Policy 8.1.3. Secondary Arterial. These streets connect major sections of the city and usually • have a minimum right-of-way of 80 feet. Policy 8.1.4. Collector Streets. Collector streets carry traffic from local streets to ' thoroughfares. Collector streets should usually have a minimum of 60 feet sight-of-way. t • Policy S. 1.5. Collector streets should not be designed to link-up incrementally so as to serve as e • a primary or secondary arterial. ~ i Policy 8.1.6. Collectors may be offset at half-mile intervals. 0 s • Policy 81. The thoroughfare and collector street map is shown on the Concept Map. Policy 83. In designing the thoroughfare system adequate consideration must also be given to ensure that commercial and industrial traffic are routed through major thoroughfares and not allowed to flow through single family residential neighborhoods. Further, traffic planning should ensure that no local residential streets are utilized for general circulation to the high or moderate intensity developments. Policy 8.4. Traffic Management and driveway access policy. Policy 8.4.1. Loop 288. The long range plan is to have controlled access to the Loop. Therefore, all new developments will not be allowed direct access to the Loop and will be required to have alternative access to include the provision of parallel access roads. Existing developments located between US Hwy 380 and I-35E, that have direct access will be reviewed with the objective of removing or realigning curb cuts. This policy shall not be used so as to result in a landlock situation when there is no other feasible alternative. Policy 8.4.2. Primary and Secondary Arterials. The primary and secondary arterials are intended to serve as major routes to carry high volume traffic. It is the policy of this plan therefore to strictly limit the number of driveway accesses to arterial streets. Greater emphasis should be given to on site circulation of traffic in all developments abutting primary and secondary arterials. New developments shall be required to provide access through a parallel access road. Policy 8.5. Landscaped boulevards and parkways should be developed in and along arterials. Policy 8.6. All existing county roads that are not shown as primary and secondary arterials are to be designated as collector streets. In the process of development, these are to be redesigned so that they do not incrementally link up to serve as arterials. However, future functional status of these roads may change; therefore, 80 feet of right-of-way may be required of all development adjacent to improved county roads. • Policy 8.7. If land .1se or concept map changes occur that will significantly increase the planned intensity, then the thoroughfare plan should be modified to reflect the need for more thoroughfares. Policy 8.8. At-grade crossings of Loop 288 should be kept to an absolute minimum. • O • Policy 8.9. Nicoscia Street and Windsor Drive wip not cross Loo? 288. Policy 8.10. Mass Transit. The Plan will give a high priority to a localized :Hass transit system that provides easy access to and from all activity areas in the City. NMI • • Policy 8.11. The local system shall be designed and laid out so that it complements a regional mass transit system which will connect the City of Denton with Downtown Dallas, the Galieria area of Dallas, Dallas/Fort Worth Airport, Las Colinas, and the 1-35W corridor. Policy 8.12. The City shall consider preparing a layout plan which will identify specific sites to be acquired for the implementation of a mass transit system. Policy 8.13. The mass transit system should be integrated with the layout for walking, biking and jogging. Policy 8.14. Pedestrian access and bikeways. A comprehensive system of sidewalks, trails, and bikeways should be built according to a master trails plan, such as the Comprehensive Trails Plan of 1991. i I .Z6 F • • COMPREHENSWE 'iRAnS PLAN ICI - $ g , C d A ss w lhsrt $J A if • t~ 1 t A twmf ROO ' r w RO$(~R A a "SON be MIKSCH ~ LUC YuROt ORIv[ LEGEND a Phase 1 Corridors R Other Phase Corridors IN Greenways Schools A Parks/Outdoor Recreation Areas aL7. • • w Objective 9. Economic Development. This Plan calls for strengthening and diversifying a self sustaining economic base, creating a wide range of employment opportunities, and expanding the tax base of the city. Policy 9.1. The City may consider development incentives as an appropriate means to attract new industries and cost beneficial business and offices to locate in the city, and to encourage existing industries to expand locally. Policy 9.2. Development incentives may vary by size and type of establishment and its initial and potential capacity as a generator of employment and other economic gains. Priority may be given to basic industries that are generally clean and that will make a significant contribution to employment and city tax base. Policy 9.3. Incentives may include but not limited to: a. City-assisted extension of utility services and streets to a proposed site, and may also include the waiving or postponement of infrastructure development where this is possible. b. Waiver of the application of intensity policies so as to accommodate the proposed development on a specific site. This waiver should not be interpreted to mean that transportation planning, urban design or neighborhood protection policies are to be compromised. Policy 9.4. Guidelines for Considering Incentives. The consideration of incentives shall I include but not be limited to the following guidelines: a. The City of Denton shall instigate a cob:1benefit analysis study before granting economic incentives. Through grants, abatements and improvements the City of Denton can subsidize growth. In many cases, there are benefits to the community associated with this growth. b. This cost/benefit analysis shall include the costs of public services and • infrastructures assoc;ated with growth including water, sewer, and electrical services; storm drainage; roads; parks and recrevion; and, fire and police services. Policy 9.5. The Planning and Zoning Commission may make recommendations to the City Council on the specific nature and type of incentives to be given in a pre-set _ • written methodology. • • Policy 9.6. The economic development policies of this plan should not be used in any way to allow certain land use development in the city shply because these are perceived to have positive economic benefits. XR • • I Objective 10. Parks and Recreation. An objective of this Plan is to provide high quality parks, recreational opportunities and open spaces for leisure activities and to enhance Denton's quality of life. Policy 10.1. Neighborhood Parks and Open Spaces. Neighborhood parks and open spaces are typically 5 to 20 acres in size and are intended primarily to serve a neighborhood within one half-mile radius of the park site. Policy 10.2. The general features, location and design criteria for neighborhood parks and open spaces should include but not be limited to the following: a) The park should be in a central location within the neighborhood. b) Emphasis should be given to pedestrian and bicycle access, including an interconnected system of sidewalks for the entire neighborhood and access to the master plan for walking, hiking, and jogging. c) Parking should be provided along adjacent streets and/or constructed on-site. d) Recreation and leisure activities should be provided to meet the needs of the f neighborhood. Landscaped open spaces, facilities for picnics, walkways, jogging paths, park benches, and playground equipment are to be made available. Sports fields should be designed for open play only as opposed to organized league play. Sports fields will not be lighted for play. Facilities for neighborhood gatherings should be considered in design. Security lighting shall be provided. e) The neighborhood parks should play an important role in setting standards for community aesthetics. Their location, design and layout should enhance the quality and visual amenity of residential neighborhoods. Plantings, sculptured forms, ponds and fountains may be used for ornamentation. • Contouring surfaces, masonry and other techniques may be used to provide both eye appeal and utility. f) Neighborhood parks and open spaces may include natural areas such as flood plains and lakes, • g) In cooperation with the Parks and Recreation Department civic organizations • • and neighborhood associations may develop, equip and enhance neighborhood parks and open spaces. Policy 10.3. Community Parks. A community park is typically 30 acres or more and is 429 intended to serve several neighborhoods, within a one to two miles radius. Policy 10.4. The general features, location and design criteria for community parks should include but are not to be limited to the following: a) A ctntral location within the service area. b) Direct access to a collector street or an arterial street. c) Adequate on-site parking. d) A design to accommodate multi-use trails as part of a master plan for walking, biking and jogging, e) Provision of leisure and recreation facilities to serve the community including but not limited to recreation center; swimming pool; athletic complex; hard surface play pad; tennis; game fields for football, soccer and baseball; open space; and natural areas for passive recreation; and facilities for group events. Policy 10.5. Citywide Parks. This type of park is typically 100 acres or more and includes both passive and active recreational facilities, as well as a significant amount of undeveloped land or nature area. Citywide parks contain unique, "one of a kind" developments, such as a botanic garden, festival site, athletics complex or aquatics centers. Such parks are intended to serve the entire city and act as a destination for tourists and visitors. Examples of citywide parks are North Lakes, Civic Center and South Lakes. Policy 10.6. Greenbelt/ Linear Parks. Maximum utilization of flood plain areas for parks and op m spaces should be encouraged. The general concept is that there should be a continuous belt of open spaces and park land with adequate landscaping so as to provide facilities for picnics, unorganized sports play and multi-use trails. Policy 10.7. The general purpose and uses of greenbelts and linear parks should include but not be limited to the following: 1) Provide natural corridors to connect major sections of the city with continuous belts of park land. 2) Preserve natural vegetation and the topography. 3) Provide a wide range of recreation and leisure facilities, including, open 0 space for games and picnics, and biking, hiking and jogging trails as part of the Parks and Recreation master plan. • • Policy 10.8. The following are examples of greenbelt park locations: a) Areas along Pecan Creek east of Woodrow Lane to Lake Lewisville. b) Areas along Hickory Creek from the Municipal Airport to Lake Lewisville. c) Areas in the north and northeast along Milam Creek and Clear Creek, and the Elm Fork of the Trinity River. d) Linear parks outside the flood plains interconnecting activity areas with park and open spaces along Carroll Boulevard. e) Areas along Fletcher Creek from Longridge Street to Hickory Creek. 1) Cooper Creek from Old North Road to Lake Lewisville. Policy 10.9. School/Park Sites. Neighborhood parks, community parks and greenbelt parks are to be integrated whenever possible with a school site, enabling the sharing of public facilities such as buildings playground equipment, play areas, sports facilities, pathways, parking area, and open spaces. Policy 10.10. Acquisition of Land for i'arks and Public Open Spaces. Developers will be encouraged to provide park land to meet needs, in accordance with the City of Denton Parks and Recreation Master Plan. In some cases, this participation may permit the payment of fees in lieu of land. Objective 11. Urban Design. Design of the urban area should improve and enhance the general image and character of the built enviropmeni, including through the following steps: Policy 11.1. Protect and improve the design, image and character of residential neighborhoods. • Policy 11.2. Develop and maintain a system of pedestrian movement that is convenient, safe and pleasant. i Policy 11.3. Encourage the retention of existing vegetation and discourage the removal of significant trees, as defined by the Denton Landscape Code. • Policy 11.4. Preserve the varied historical, architectural and cultural heritage of the City of O O Denton. Policy 11.5. Encourage and promote development along the entrance ways that will enhance the City's image. y: • I Policy 1 1.6. Designate the following freeways and primary arterials as the major entrance ways predominantly used by incoming traffic into the City of Denton. They include 1-35 North, 1-35 West, 1-35 Fast, US 380 (University Drive), U.S. Highway 77 (Old Sanger Road), FM 2164 (Locust Drive), FM 428 (Sherman Drive), Loop 288, FM 2181 (Teasley Lane), Dallas Drive (U.S. Highway 77), U.S. Highway 377 (Fort Worth Drive), FM 1830. Policy 11.7. Require landscaping for all developments except one and two family residences. Policy 11.8 Develop Gateway/Entranceway Marketing Concept: The Fantus report alluded to Denton's brand image for attracting business investments and the need to beautify the gateways to enhance long term "curb appeal". The strategic planning efforts of the Visions program made specific recommendations with regard to defining and developing Denton's entranceways. The Plan recognizes the need to promote public-private partnerships in developing and funding specific entranceway projects including but not limited to entranceway markers, public art and edstomized landscaping. Objective 92. Geographically Balanced Growth. Development should take place in all areas of the city to promote efficient use of utilities and infrastructure as well as provision of city services. Policy 12.1. The development of the northwest major activity area comparable to that of the southern major activity area will be promoted and supported. Policy 12.2. Public funds or efforts should be expended toward supporting growth that responds to the development policies and land use pattern in this plan. Policy 12.3. It is recognized that in order to promote planned growth, it may be necessary in some cases to direct public funding for utilities, roads and other infrastructure to lead development. O Policy 12.4. Implementation should be a coordinated program that includes all growth determinants such as utility extensions, road construction, public community facility development, marketing, and economic development incentives. Policy 12.5. Emphasis should be given to work out creative implementation techniques to achieve the goal within what is practical under specific circumstances. _ A • 0 ,32 19 • r • r Objective 13. Compact Growth. Policy 13.1. The city may develop an infill policy that would detail under what circumstances and by how much the city would improve roads and/or utilities at the city's cost for areas within the built up area of Denton that are not developed, or underdeveloped compared to what is planned on the Concept Map. Policy 13.2. All new development should bear its roughly proportionate share of the cost of new public facilities needed to adequately serve the new development, except for development that qualifies for economic development or is infill development as defined by a policy to be developed from policy 13.1. Objective 14. Conservation. Conserving energy and natural resources in land use decision making is an objective. Policy 14.1. Detailed policies are to be developed to encourage the conservation of water, electricity and natural gas. Policy 14.2. Development should promote the conservation of good agricultural land, green belts and open spaces. Part III; SPECIFIC AREA -JJLCTIVES AND POLICIES Objective 15. Designation of a Specific Area. Specify: area policies are intended to provide a framework to promote development in a designated area fiat requires special treatment in view of its current problems or its unique location and character. • Policy 15.1. Specific areas may be designated at any time by the City Council on the recommendation of the Planning and Zoning Commission. Policy 15.2. In designating a specific area, consideration should be given to the following: a. An area that has a demonstrated need for special protection, preservation or • conservation: including but not limited to residential neighborhoods, historic O 0 landmarks, sites of valuable arch.tectural heritage, sites related to the conservation of natural resources. b. An area with a prominent location in the City that needs special treatment for 33 I, • • urban dmign and beautification such as entrance ways and the downtown area. c. An area that has a special problem relating but not limited to traffic, noise, pollution, utilities. d. An area that requires special policies in order to accelerate its development in accordance with this plan. Policy 15.3. Specific area designation shall not be applied in the following circumstances: a. To cover an individual property or group of properties so as to confer special benefits to the owners without substantial benefits to the City as a whole. b. To violate the intensity area policies. c. To conflict with any of the long or short term objectives and policies of the Denton Development Plan or other master plans of the City. Objective 16. The Municipal Airport Major Activity Area The Municipal Airport Major Al Ljvi:y Area is shown on the Concept 14fap and is intended primarily to emphasize the establishment of ai. industrial economic base. Mixed use commercial and high density housing are encouraged in mitable areas in conformity with the land use compatibility guidelines set out in the Airport Mister Plan. Policy 16.1. Land Use Development Around Tne Runway. Industrial/commercial type land uses may be located to have frontag°s on eli4 primary arterials and rear access to the runway through separate taxiways. The details relating, but not limited to site planning, outdoor lighting, building height, etc., shall be in conformity with the Denton Municipal Airport Zoning Regulations. ! Policy 16.2. Compatible Land Use Development. Residential developments and institutional land uses such as schools and hospitals shall not be allowed in the immediate r vicinity of the planned runways and not in areas where forecast noise levels based on the long range airport plan will extend 65 Ldn (day/night average). Residential development between the forecast 55Ldn and the 65Ldn should be soundproofed or its owners should sign an avigation easement agreeing not to compIzIn about the ! noise. • • Policy 16.3. The adopted Airport Layout Plan (ALP) follows: .34 e a l M ~ 1 DENTON MUNICIPAL AIRPORT Apoxm vool.: AIRPORT LAYOUT PLAN 11' w 1/2 mile HWY, 380 UIy,YERS/TYdRNF , 1~ 44 r.... .04(CHNS7A L RDA D PROPOSED E, Woo" EXl'ENSION "vE M 1„1 • ~ PRO POSED 6000 R A PARALLEL RUNWAY • } AIRPORT RAID 70MD0LER0AD r--- ~ EXISTING 8000 RUNWAY s IL e ~ ~ e e 240 • • Objective 17. The Downtown Area. This Plan supports the redevelopment and revitalization the historic downtown area. Policy 17.1. The Downtown area has been identified as the central major activity center and is shown on the Concept Map. Policy 17.2. The City should continue to support public expenditures in an effort to upgrade and preserve the downtown center. The following policies are intended to guide land use decision making and serve as guidelines for the performance of a Downtown Master Plan. Policy 17.3, Upgrade public infrastructures including streets, water and sewer lines to meet the needs of redevelopment and expansion of existing uses through use of City funds when available. Policy 17.4. Promote the expansion and redevelopment of existing buildings for mixed uses including retail, offi,:es and high density housing, and existing single family housing. Policy 17.5. Encourage and support the active participation of the Central Business District Association in laM use decision making and plan formulation for the Downtown area. Policy 17.6. Promote and expand facilities for off-street parking. Policy 17.7. Encourage and provide facilities to increase pedestrian access, to and in the Downtown area. Policy 17.8, Preserve and enhance the historic character of the downtown area. Objective 18. East Denton. • Protect to enhance older neighborhoods in this area is an objective. Policy 18.1. Industrial development adjacent to this neighborhood to the south and east is to be monitored closely. Specifically, industrial development will be limited to the area east of Woodrow Lane. ® Objective 19. Development Near the Pecan Creek Wastewater • • Treatment Plant Protect the site's long term viability is an objective. • • Policy 19. 1. Additional residential development will not be zoned within 2,500 feet of the Wastewater Treatment Plant. Policy 19.2. The area within 2,500 feet of the Wastewater Treatment Plant should be used for industrial purposes, preferably industries that could utilize the effluent from the Plant as cooling water or other processes requiring lower quality water. Objective 20. North Locust/North Elm Street south of Orr Street. The Plan seeks to preserve this area's traditional single family character. Policy 20.1. It is desirable to promote the preservation of the architectural character of this neighborhood. Objective 21. Oak-Hickory Historic District. The Plan seeks to preserve the distinctive architectural and cultural heritage existing in this area. Policy 21.1. The architectural standards and policies regarding existing and proposed developments in the Historic Preservation Plan and the historic landmark ordinance of the City are to be strongly enforced. Objective 22. Implementation Policies and Guidelines. Promote the positive and consistent implementation of the Denton Development Plan as the official development policies of the City of Denton. Policy 22.1. Citizen Participation. Provide on-going neighborhood and business involvement as well as input of all citizens into land use decisions made by the various city departments, boards, and the City Council. • In addition to the formal city-wide study committees, it is also recognized that continuing local neighborhood (residential and commercial) self-help associations are important for the continued maintenance of viable neighborhoods, However, individual neighborhood problems are often intertwined with adjacent neighborhoods and the city as a whole. Diverse sections of the community treed O to share in common facilities and mutual problems. , O Policy 22,2. To consider City-wide issues while addressing immediate local neighborhood needs, the following process may be used: it a. Neighborhoods define themselves and establish neighborhood associations; -37 77 • • I b, Neighborhoods cluster themselves into communities and establish associations made up of representatives of the neighborhood groups. On a continuing basis, these associations could address issues of mutual concern. Policy 22.3. Neighborhood and business associations would provide a catalyst for neighborhood improvements, a means for ensuring dialogue between neighborhoods and City decision makers, and a source for selection of future City cross-sectional study committees. Policy 22.4. Support for on-going land use studies ark] education of the public concerning land use issues should be reflected in budget and policy decisions of the City Council. Policy 22.5. The city's capital improvement plan should be consistent with and implement the policies of this plan. Policy 22.6. Integrated Decision Making. It is intended that the City Council, Boards, Commissions, City staff and the citizens of Denton will incorporate the policies of this plan in the decision making processes including the capital improvement program, budget formulation, zoning and land subdivision, and parks and utility planning. Policy 22.7. It is also intended that decision makers, City staff, private development interests, citizens and public interest groups will work towards the consistent, equitable and coordinated application and administration of the policies of this plan. Policy 22.8. The City will continue to monitor, improve, and update the policies of this plan and the codes and ordinances which support its implementation. Policy 22.9. Adequate consideration shall be given to preserve a positive climate for investment and securing real property values balanced with the public interest for the City as a whole. The following should be followed: 1) Major changes that affect the existing use rights of real property may be subject to a grandfather clause allowing property owners a reasonable time to carry out development in accordance with existing policies. Major changes in the context of this policy shall not include supportive codes and ordinonces that may set new and additional requirements for a specific type of development or for a specific local area; e.g. tree pre• ervation and landscaping requirements would not materially affect existing use rights. • Therefore, these shall not be considered major changes. • 0 2) Major policies in this plan should be experienced before any attempt is made to change them substantially. .38 • • , y......,.,... n,. . • • Policy 22, 10. Staff's report on applicable City Council and Planning and Zoning Commission decision items shall clearly relate applicable policy associated with a land use decision. Policy 22.11. Update Procedures. A. If a decision indicates a corresponding policy change is required in the plan, then the staff is required to draft a modified policy change and present it to the Planning and Zoning Commission and the City Council will make final review of a potential policy change and incorporate said change in the plan. B. A Planning and Zoning Commissioner or City Council Member any o,`,er person may present a proposed policy change whether a pending or recent Land Use decision has been trade. The proposed change is forwarded to the Planning and Zoning Commission for its review and recommendation to the City Council C. Yearly Policy Re-Adoption. In July the entire plan is placed on the Planning and Zoning Commission Agenda for recommended minor modification or re-adoption. Afler study. the Planning and Zoning Commission is required to forward a recommendation to the City Council at its second meeting in October. The City Council will accept the Planning and Zoning Commission recommendation or modify the policies and adopt the plan as a policy document for the upcoming year. D. General Policy for Major Update. i This plan is to be updated approximately every five to ten years, a. The update is dependent upon: 1) Population growth • 2) Extent of amendments during preceding years (more amendments--more need for general update) b. The process for updating the plan will be determined during its annual evaluation. ° • 39 e ENCLOSURE 1 ATTACHMENT 3 MARKUP OF 1988 DDP SHOWING ADDITIONS AND DELETIONS e v j • • ENCLOSURE 1 THE PLAN n-Geal"FA-Abjeetives ewth One of is to to shape the fut}xe-ef the City suffifflafiled as fellows! Goal: The physical developix snt of Denton `wiil have the following characteristicxs outcomes: 1. ~a-eneearage- bernon will continue ~ bt recognized as ,a unique and great place to live, work, iearn, apd play: 2 ; s h so~heE~)7evelopment takes place equitably in all planning areas of the city. 3. Provide-eppertu itL--fe"Diversified housing with emphasis on heusis is built for lowo to moderate' 'kJ hlgl income families levels. 4. Pr generate tnereasing job bpsert>3rtities and a broader t~~ g Eticour nds in the vicinity of the municipal airport is ecouomically utilized. 6. Pmmete-die-d l I he major Actrvit}~ a l in the tq ereate a balance with in ' the northwest continues to grgsv ' central and southeast and eentra 0ajOr activit} areas. 7. Encourage a The spatial pattern Bud tititiiijoi development oco such that 44ee4 ` the cost of public services and infrastructure are minimized. Q S. Ptemote-on-fill development within the Loop 288 eerride 66cilcs ~rt+D" to secure maximum utilization of existing services and infrastructure. 9. Proteetien-of-FResidential neighborhoods #0'pNt tee from the intrusion of incompatible land uses, traffic, noise and pollution. -J • e O M lrngrew The design, image and character of the city Is Improved l e5ervisg eaF'4ng-veg2tftFion and natuFa1• tepegraphy-end-eee ping ift-new-develeprrtents. 11. •a,v,ide an iintegraaced ffamewerl( to atilttiae-a 12. Premete-4 and use is diverse ity-te--: hti ousing end community facilities, employment, and shopping are in close proximity--Ee-,-pleyreent Centers. 13. Pramotethe-develePrneetef-a Ile land use pattern conducive to the successful implementation of a mass transit system. 14. Pfemete di Afibutien of land uses e"e'~ a-L-A pevelopp}ent oCCtrs; tltai tninimiz6 traffic congestion. 15. Pfemete-and-enceuFage "ae dowrtto rtt r'conrinue5 l sevitalizLaHert and redevelopfaeat n the eKisti. v: a~Rar N40[-pepM"On-4~ -eeatpeanded'ard+ual gfe%gh rate -ef fOF the City and the GFeateF Fea is sho-Vn in Table 1. TABLE P PLANNED-PIOP P3 -AND GREATEf~ DEKO~NING AREA 1990 2010. 4M 1998 2890 2848 Ci••_en 58, 08 X800 48-,M PA-,700 Greatef Bentea 6G,400 77;500 105,2 441 380 • planned foF efn Sefl4f45-B"anj eiiitie3- • These demands have be°n e$tifaate4 teA. AMMA . ~ O e eereage-ef-new-deve;opments by land use ?ategefies-€er1-990, ^^M, and 2010 is 5howp-ia-Tatj H. T2. 4 • - - - Cl'- - • • r. • • i i 1S r d 1 se A i lys ^ 2n ~z'010Tiftsminflit- B2Y@ Feb, }986. n8 Figures represent total Gum De- Beres of planned Brerr4h lative veloped Gro%4"n ba~ise Acres :Ceres C-ategeries 8 1984 490 2899 2648 Siegle Family 3,133 9o74 -,M 1.813 4;4132 A4nlti Faintly 448 129 22-2 298 644 t eennteraiel 667 243 413 343 4;283 Indestfial 347 462 277 363 go 4nst4utienai 4;333 324 334 ?m X684 Transper{a4eff and 4$39 36I 9~8 1 278 2887 k~ti-lit+es TOTAL 7954 2332 3 990 37 1-4;349 4 -lows 1-Population as -Size T"an ly 144 squaFe miles &&~e__€i~ffP~3__e(~~ 1sthe 2010 utility serviee afPF, and-desefibed-es-4Se-6~ea+ee lanning Area in is demnem. it is intended -to p the yeaf 2010: aff9R?R Land 1 se GF&wth soeial and peblie w.Iices and feeilifie R * inee "-fange plan is to aehieve a balanced ® µelepeA • 3-ljfbanFerm and Stroetafe The long Fange plan establishes a netw9fle of z { eetwi4y-eenttrsber~+AeBeeeneept-_ ~3. c"~ • • k - general ioestion of these eentefs are sbown oft the en-gage-i6: 1)--UFban CenteFs eneeoegetheeoneentratiene€ a1, retail, ; light-indotdurarnd Multi AM"- eenteFs a a yhP N ~ r,, a .,.:,.:yy are to as plan, the nefthwest ufban eemer to th seutheast cenEfF jefeaF 20:0: 2 s ineludin$ fOfR£I ereia4~FE mil, cerffinkmiV , where people fneet-and intefaet while wofking, site leisure aeti%'ities. •Vity--ee-ef in !nt i r b, Moderate AeOvity Cow The plan prepeses-*-fmfnber- of modefete enters inleF5ection ef-SRd--abav -t- with mixed • use- n developments. 1 e---)EAw4fllenA) Mess ~~p~ All the other arCaT~1 ude in r lef single family fesiden -ef 5E1]pr , l.'.--~I-GCt'pRT LtlII[.R. CR Y4. r„ 101,11 _ s • • i, 47-ThOfedghfafe Aetwer# E The pfoposed 1 seFved by an update theroughfafe system has been designed ,m, des' gher4fa` "olii -X839-F)eye{e~R3eRt-PfegeaRr{~eRiE3eR-e€-nredj The--phas,kt-ofi e~ ~d~1ie if&e6tfb*wf f- thepiaR icTe thii pefied-' APPArda-ee with the goals, ebje plaft Rte it 2019 eky wt as the b sts-for-d et ~k;. "-icacc~vr•ciint~Rctc^-•m~c ceiyed needs ift the ' 6.--The- reaw Da men Planning Afea. fl-fif pan of the ei~, of Argyle, p an is to .,ea bit! ft-tRfFa5tf+3ettlfe cHAKE414E . DEVFbOMt&Nf-P4DMC4ES A. int Pie deveteffnp: 1-w; tf~left eeeneniw balanced gfewth and e-detailed C. The • fafa:t utilitystef~- lan}.. pc, -ies-eefttai^ in the plan. tey have . *111% and to the long range Plan, • B. inteRsoty Area Policoes, . o seies-pfevtde-a x a- e. Ffte-RtRdfR fer them ";;,an intensit V5. { • r intemiiy Eer;eES III) maximum size a--- - --i"e- efmajaF astivity eentew, end. f3 shauld-he~r' edlieF eity wide pefleies in deMing with land use pfopesals. Thus ~eveaepeF Hig-land plans. Che Planning Amendments. !efs a. Nrpese and. leEenF The purpose of designating inajeF aetivily eentefs is to pmyid • activities these 4P* cesidents that their neighborheeds and 4ee6-stfeet&-afd feeilities TH' fne! tt disfupted by an unplanned majer aetivity eenter4n'4heir-i*t$hbofhoe4 eenE 6thef Pf Wale 1 . h-~•°Rtt6A jef aefivi ntm in the feHowiftg-&rew. 1) 1 35N: H%y P, Nenh beep 288 area 6e?~efi ~fienge Ma}'. afe,''•:°gh~l4 Reed 6• R, 5 oil" • • 3) 'N fpe" f e Fenlef ow designated -aurban reeREeFs. The Rte ~Y- ieEended Ee have - and i eneeafege-e-mimure--ef-e reside tial Uses. ~Vv 261 FFViE~-~?HEM~' in the GI), due to its aeoess to air, rail, and moter Er > 3} Ce Ufbon Genten This Plan feeeg ins-I &WRIBIAIR &Fea 0 FpOSe_high4MensiEy-C4Rter- ~tTelie""he the downtown area. As part of a pfegfam initiated by a- (mil T} ~T T' A eeiefien, the QI . ould- h- Firea Innoskative-protFams, with emphasis i d- Diversity-e~ Density Residea!W Land use :ne;uding high dewity housing, should-be e . J adjoeena areas oat- ai€Y V7. r~' • c~~seraE~ing trous' jobs and services- e-E etec4ion IV., densoty residential areas on !be ffinge of these MaJef aetiv+ty_centers-srou4d-be--"eeted-by sum,-ne&5Urrs- 85 intcgsity -gradation, stFie! design requirements, tr n3entetien land use balanee and-landscaping Furtl}eF, traffiet anrti toeapresident+eFstreets areattlis=ed €er general 6feulation4e4be e #~aed-assseiat+er and eoumW,-we-.enReurnged prdteetien- Objective 1. Hi¢h Intensity Centers and Corridors Strategically located, large concentration of commercial, retml office, industrial, distribution, and high density housing will contins. to attract regional and national markets. Policy 1.I. Locations. As shown on the concept map. Policy 1.2. Adequate public infrastructure is made available for die development of these areas. Policy 1.3. The development of these high intensity centers and corridors will not disrupt existing residential neighborhoods or future predominately single family development. Policy 1.4. Development of nationally recognized high amenity businesslindustrial park(s) should be encouraged and receive public support in these areas (except the downtown area). Policy 1.5. Zoning case related intensity analysis in these areas is not necessary. Policy 1.6. Land use density including high density housing is encouraged in these • areas. Policy 1.7. Except in the downtown center, low density housing' in these '.areas ' should be discouraged. However, 'low density housing in these area may be required to provide mitigation from the impact of adjacent or near-by major activity, to include IH-35 and Loop 288. Policy 1.8. Existing and future low density residential areas on the fringe of these major activity centers should be protected by such measures as lapd use transition, such as office, medium density housing camput, styid business parks, and open space, and buffering; and site plan"arid deslgt requirements and transportation impact analysis, that would be partIaf yg. • • zoning cast analysis. Policy 1.9. Traff it ` planning should crest m' ,Ot, no' local nstdenuat struts are utilized for general circutationyt0 these high intensity areas.; Moderate etiyityCeRteFS and inten The parpese of identifying moderate eetMvivy Centel, -Fallels fanny of eemm helps ensure balanee b. becatien and Size moiler-ate-wivity teed arterials and at strategie joeafions abutting a freeway and are sp may be lsrgeF•er-s+rtatleF far spec. . e-lmenrity-Steadsrd TT:°e4meirs4y fµjtj~-f2tltM9 is 35Tr 50 ehielie hips examala rd-. Lend-use-dtverssty-w't the following -h sense of "-ray part of to n" (a" illagec a? intensity en land use gradati -~rarspetrteti tf8me) Land use di defined -iii- ses etheF4hQH-the • • dominaft! • uses in !be area eh ^ ial E-~ig t4 tr~d54ti3F~nd-BfflFe- ' 1) Beau Y9. w P11 -s _ , c • • apses-for- e"-A use-do--,--- E#~aE+nelu9e illo of uses, 5tieb as s, libf _fif 5{aEiens poliee statien r c ,,e`s,'i* ' eemmunity type feeility e' ° fiRg a lath-ase €eF e the FnedeFatefl9de. €eaaewsr Nt7''eT-*-'T 1 . F Number•^'r8iic°3T 7 designed nd4aeia ks Theo of 'L AM! the road eafn a bentis eF 2,050 intensity Rips 5 x 350 1 5 * 60). if this is used to develop multi family PeF dere ii wiffl expand- !he eenief by (2,05012 10.25 aefes- 4-, UniWaem mi-W-E by family generaies 841in's 'Rea. . The develeper-~~ the eofHIMM .-e .9 the- individual who-feee' Hus M- benus may be 1&Rd OF in the I an - • develepeF'S land. • o in ordef4o-eaeee r cenunvetagreta"and uses shall be lifniied to Y3 oF the 3b. • • ` ti. w._._•_.,_ • 4nP1e;-a-60-eefe aof 29 aeres of commereial/fetail land use in additie the mle shall net apply to a fned fate node that has bee expanded by-&-be the-bonus may uses. ial ife tail land uses shA be eneewaged in net e. High Density Housing The Plan eneouFages high de ':t housing; -ine UdiHg Hi the moderate een!ers nde the rnat €el#ci►v3ng eenditiens: 2) Diyersky (see abeve »-:least one ° ess-by-a- with ne d residential sEteeE ....°A by l Q m family areas-SUeb ffOfl(- t'. ng-aRtid feRM.. Low Dessity'T ed by stfiet site Low demity FesideAlial ARMS should be pf-. design-cDm ;--wkh seEbaekcs, paFl: + + -W }an6seaping fequiremen.T-Rrthe., ( °ffie i° ..g Ae,.ea - eirealatiea-ie-thtihigh or modeRte intensity - - - t s, g-StF+p Eemfliereto+ itis -the nEenE-6f the p;an to M-1-1-OPI-e.WeFS Of aefivities and Eg -4evelepment. This will be O 0 • amemplished-by- 4-y lFniEing-EttFbfuEs Z --R,aquifieg-ske-platE-review(;.., peAl:,lp, seth°°'°--`°.) ..g'1. e e diversity en majef eeiels (eoaxnereial high density beusieg ef~ices etc-) 4}-Diseoy r b"egtrir+ng sign rewietie.-_-, buffering by-greenbe}ts an4?er4an4waping 5) Liniking afneents of eeffifnereial.'retail land us" n Objective 2. Moderate Intensity Areaj and Corridors. A wide diversity, of land use that is less intense than that in major activity; areas will occur along highways and designated arterial streets and their intersections: Policy 2.1. Locations: as shown on the Concept Map. Policy 2.1 Intensity Standard, ne intensity standard for moderate activity areas is a maximum of 350 intensity trips rtr acre. Policy 2.3. Diversity. Land use diversity will be encouraged in moderate areas to promote the following: Creation of a sense of "my part of town" and a sense of place. Reduction of cross-town traffic.. Location of jobs and housing' in close proximity Improving the community's image. Access is adequately managed, such as limiting curb cuts; providing parallel access roads and developer provided tuna lanes and roadway capacity enhancements; Policy 2.4. Moderate Area Bonus, intensity bonuses for `mixed land use developments that include public or nonprofit community type service facilities or uses, such as churches; schools, libraries; fire'kaG6n3 police stations, parks, open spaces, or gtvenrnental of7ces'may be given. A developer may qualify for an 'I ntensity bonus for ;;'rriiXed use development by putting a community"type facility or designating a laud use for a community facility at or close to a major 9ittzrsettion In the moderate aroa ` The formula for caleml3drig intensity bonuses shall ~e aS e follows: O as Number of acres, x 3'0= plus Number of acres, x boa „g2. • • 1 = Number of acres designed for governmental offices o'r community services Rod facilities 2 = Intensity factor for moderate center 3 = Intensity factor fur low intensity area The intensity bonus can be'usW to extend the boundaries of the moderate area, hor examples a 5 acre park shsli earn a horns of 2,054 intensity trips (5 X 35Q+ S x 60)r if this is used t6 develop multi-family housing at 2" tiaits per 'acre xt wiS1 expam the center by (2,0501200,) 10 25 acres. 4 = Units/acre; multiplied' by number of trio's generated by land use, e:g.; molts=family gcneratie 8 tilps'ptr' unit; The developer pmlding the cotnniiirury facilitji"is tTiC itidividtte who receives the bonus aril the bonus ruay,be an inetease,3,p land or in the intensity allowed for cite develop er`s t" ,end; Policy 2.5. High-Density; lloy,sing High•density housing is °endouraged;fri moderate areas under the foilowing condiitioriai 1) Transition andlor buffering beliveen laItWusesl 2) No direct access to a single family residential sheet 3) Good site design to protect adjacent ssngle family areas such as utilizing large setbacks, landscaped frant,yards and buffering;, and 'adequate *0 space Or iCecrta facilities for residents: 3. -L~e~ y Areas a--E~+Se and Fr~Eent M"reas not designated high or moderwe intensity aFeas are • considered low i areas ever ion balance by eonttallreg-the--ever ..a ThBS these areas3heald ernpliasiz } ad of - mixture okesideflta+-A.Rd neFkFesidentiel • • • l~=DOC4iioii e P""O. ii ~j. • r .may These areas aFe planned to eerfe's to an oveFell :a-. ity peiiey messure6 shood-be-eppceximately 640 a res- d-DiNw-it L density -re5f~2Ek• , small seaMered sites ef . neAfesidentie1 Hses are ^°°a all areas of thei4Y subject 1) Stfiek site plan eentfol within 1,600 fee! ef existing lei' the e MeIeF of the area with afebiteetural design and- iIIftseapin1 3) The es,eFall . J 4} S+3€ _ °iena1 facilities and diversity of park ere pfeyided. --input-ifNA'~~@tti~ eeurgv. e. Non fesidentialiRetaiPMOR Fftft* e:,e~;t=stiofl 1) eighborhood #eighberheed sefviee eentefs are -ell nodes e eext ~ "I L 1 [..asst a L,.,f mile ffem T •t'o,r,lLiceiFee:.ees,', to peA:F_ --•egery ef-4t#er9Ng'hfem- ® • • I colket9F e. 7 aefes 'oneentfalies 34. J i i • e re with density ef 12 units or fnul+r farrHly eefteent units on One lceatiE)R depend•"D traee~ Speeifiie Ease ..khe 'gWafes Direct-e Direet access to primary er- $eeendaFy aFtef:~ - 150 nits Dff Molt' family ceneentratieni shall be ioeated at leas '442 fnile'away f em the eafest multi v:.__. :ratien, f. Nlianv -weed cv Housing Manufae"W with deyetepfneets4n the-low4ewns~as subjeet ie the felle+vtffg it+ef }i- Titz everell +nte nsity standard not te be violate z} Ne eeneentrat' 3y--«EtsJ gef 4) - Sifiefsite-pletteontreE+ 'thin 1,600 feet ef existing 9le family residential ~m~vt-fae4Himete--prev+ded 3) Suteientgfeen-spaee,-+eef 6Y-4 1 it into planning by neighbefheW g-~irig-~efnn~ereial Any- en ef- cent i dise~ufeged-' •as: ;ingte_famil Objective 3. Low Intensity Areas:' Most residential, especially, development will be preserved; developed, of redeveloped n,safe attractive, unique'; identifiable strong twighborboods, Policy 3.1! Location, As shown on the Concept Map'. Policy 3.2. Intensity, The intensity a'aw tion is a itiazimu'm of brl 4ipe"per aCte • Policy 3.3. Diversitylbieighborhobd Protecdon° Small scattered sties of ediin IM and high densityhousing,' and, nonresidenttal'usts'inay' be'tllowc Subject to the following limitations; .~5. • 0 0 o 1) If the overall densitylintensity staridard Is v olated,',a development may be subject to (a) strict site:plin~ architectural or design review that rdaintatns,the area character, (b) additional landscaping and buffeiing;',aM (c) tnttigat of of potentially Nimbi impacts' 2) High density hcSsing,and tionresidentlal u'st have°acces- to.collectors or larger streets or highways; and rsp dtcec. access through residential streets: 3) Adequate access mana$ement, such as lirnidng curb cuffs and develojvr built roadway capacity improvements siicE as turn lanes, traffic signals, and parallel accessroads; occurs. 4) Sufficient green space, recreational facilities and diversit! of parks are provided' S) Input into planning 'and derelop`mcat review ,,by neighborhood assoclations ants councils is ene,oGraged This policy is intended to generate input and :not Yt0 power. 6) Non-residential develooient'should be Iocated'at leas(half mile from any other - ii6n-residentiallreta development measured along and on the same side street. 7) The sized non-residential developrhi nt in ioW lnteiielty areas should not exceed from 2 to 5, acres dcpeddtng°,Otl their access to a specific cafegnr) of street, as follows; Direct access to freeway - S acres Direct access to prim y or secondary arterial. ,3401§ Y Qirect'arcess to colleaor,strezt 2,at:kl _r B) high' density housings is defined as anya is ry ~ • development With de^s,ty df 12 units or more p4eCfC The size, of a high d bsity hosfsing conce~atraudit ~1 not exceed `100 0 200'antts Iii,": tic Ioc itl6h'4 j&1 ' access to°a'slxclfic catego "ry*su'eet, a3 fold `f o Direct access to,fe Oe PQ.Itmitr Dinti t access to'pritriary dr `secor>aary arteiia)~4t> Sti. I• • Direct access to collector street - 100 units 9) }fish density housing' concentrations should be located at least 1/2 mile apart, `measured along, and on the same side of a street. IQ) Existing street and other pubiilc facilities:are adequates 11) Existing lost' density, housing is protected by' good land use trans`tion, screening, buffering, adequate opea'spaee and landscaped front yards and buildings b character with the neighlorhood. 12) Adverse impacts are mitigated, Policy 3.4. Manufactured *_:,using may be compatible with and allowed lit low intensity a yeas subject to the foliou?itig conditions. 1) The overall intensity standards 2) No concentration of Marc than 200 units;: 3) Access by a collector street or brg'.'r.' 4) Adverse impacts mitigated. 5) Sufficient green space' and recreation facilities be provided, 6) Input in the dc!Mopment review° process by, rearW neighborhoods; Policy 3.5. Any form of continuous strip commerctal''development is stroogty discouraged in low intensity areas; A slietf{9-en4Y make use e-of the trip getie atien intensity Oeceled upee the re6e-e€-m+eoge-ef4he e fie. the O O development-is leeeted. > W.it-i#id1ElP~~a~-l&flE~--NSe-il' rf.vr h a ets to---ede _ie it nsity-plamilig-Bfea-,-the-tripgt... aria-Efw4-be-deE+Aed. Oe ereea is 640 aefes and 4 Mow intensity $7. O • C_% e • l I f area, then a-slave Vdhw 1*-Wp--getweat and rea should then be ealenlated. 'l'h~ lt'the-inteesity-generated the area by the a e;..n_devel and zoning deer net exceed the standard, then trip generation ky-is eloewed to-the preponlenete-share- tkv ' tcdevel,3pntent in-e-f40-aefe4aw intensky planning afea would be alloeated 9,6 trips-pet-day, which is 1 14 of The alle"em for the entire :_;ea. To etxiipar F, the genefal poliey-wW3~-~ , he trip generatiert intensity- to be used by the ¢r ed . esed development Must be lff-the-pfepesed-deyek. . elate the general -peliey- o , @'Aef-pelt0ie5- of the Pilch. l iolates the general policy of pfoponionate ion 5ht+ltl4-then be inade ...het=Rr th.p;e a~ planning eensider 9.-o" di5pfcrpeft#0r19t The P! Wong- and Zening EOMWS6iOn and-Etty -CC-eUAC l41OWd~AWiRg-iteEns, ben-ere-not4imkedte these items! existing-of- sttetrz5 streets-water of sewer liner, efed- dte' is fegafd the-GIO Master Plan ed---It-fftey "n^e".e frkere trip- genention-•imensit), to a-propose4-4eve;oppff*at-th" 4s e4 ee existing e pf•iposedfifajor thereeig b. -the-tepegfali planning area and prf~pdSe~d"I.Opmem.-Tb6re fnay-~e-fea50n-to-a{lHeate-leS9 • t genemien intensity 8-speei4te-prep~ftY-fli@t wASfld otherwise -fE'g -ire -nia}9f-ntodt , ` thefemes'al of la lrveliog-4 hills;-and ether tifaj topegfophleal lo~elep. e--:z The land Use, is e ^laming afea °nd su rounding iifeas. Tb prepes 0 e x' • e afeR. , d. The all0eat' • _ • • • s nerghherhoods-arid3ingFe-ferniiy~sisg-diversify--e€t+ewsing; and411e-eenrenf fke4e4ail sites: ff-lhe-c4ty wants faise-tire intersity3fandfird-kw-a-lew-of-nwderate-afea, tfeF€anning and-Zon-ing-C-offHpi ''.-oheuld-c enduet- ~ g enihe ntensi y-question and the hnpaet-e€ ehanging the intens44 re stady Irfeets halm dot 4,-but- the study-ffwst eriarni:c the e intensity al o en (of the mole and how drat - kve' 44-be-maifrt ' a_ However, if " `endafd €s-inafeased, tfr€s eet€en-does-not-nrean-aftfenta ' -prepes4. 3n-speeit'~-anra s-0~left-off{-fotsae-where-edispf©peffienate-efloeatien oflntensity-fras$}ready been gnafxcd,the proposeddevelopnrent will he-eva€uated-4-re€ereme to t he least intense, most le&al 'and use for proper{ feufldrffg planning-areasandf 6"heufd be reviet,ed- Othef options that-may be eon -A are changing ~onif o of-vaeefk big#rer Wensity , area by rvdueing-ih"ze of trrt edjeeenE area, of-4neteassing-the M efpfeied as increasing-the rnasinwnt intensify-alloeatiotf: The ifttent-ot E tttainfaitraft intensity-ba€aftee in-eae#-afea--so--fhat-the-'tnter>sity-ifr ihe- City1srquafly distfibuted: The-gene fe to R HOW--a-- Wen #towevef, dzfrend+ng efr thy-area -a,rd~,Ianning reasens; eeftain-pafeels Wray receive mere then-s-pf spe6k-4,of,rnu4 fef-,celeulating4ntensityt4s located in Appeftdi Objective 4. Development Decision Making Process and Criteria. In order, that development and zoning considerations be made consistently by basing them on the policies of this plan, and in order to be in accord with state law and the city charter that require consistency with a • master plan, the following policy analysis, decisi)nmaking process and criteria will be followed, Policy 4. 1, Intensity Allocation and Calculation. As a general planning' policy; a specific development should on:v make use of a proportionate shati of the trip generation intensity allocated for the intensity afea'atf ® which the development' is proposed. o A proposed development's intensity, as determined using that following chart, should be compared to theintensity --area's intensity standard. Low Intensity areas' standard Is 60 f itenstt trips per acre; moderate area,, 350 Intensity trips per acre: g9. • 0 TABLE 1: TRIP GENERATION RATES BY LAND USE CATEGORY Land Use Trip Generation Average Lrvet Average Categoiy Factor (per unit) of Development Trips/Acre Single Family SF-16 10 Trips 2.0 unitslac 20 Single Family SF-13 10 Trips 2.5 units/ac 25 Single Family SF-10 10 Trips 3.0 unitstae 30 Single Family SF-7 l0 Trips 4.20 units/ac 42 Mobile Homes 10 Trips 8 Units/ac so Duplex 10 Trips 8 unitslac 80 Multi-family MF-R 8 Trips 12,5 unitslac 100 Multi-family MF-1 8 Trips 25 units/ac 200 Institutional 35 Trips-1,000 sq' 2,439 sq'/ac 85 Industrial 6 Trips/1,000 sq' 17,424 sq'/ac 103 Office/Government 15 Trips/1000 M' 23,334 sq'/ac 350 Commercial/Retail 60 Trips/1,000 sq' 10,834 sq'/ac 650 Parks 30 For instance, a proposed retail development, generating 650 intensity trips per acre, in a low intensity area with a f0 intensity trip per acre standard would be inconsistent with this policy. Proposed development may be evaluated on an acreage_b6ses, or, if known, on a square foot of building or number of building units per acre basis. • Policy 4.2. All proposed development, whether it is consistent with the general policy of intensity allocation, or not, should be evaluated in reference to other policies of the Plan, ' Policy 4.3. If a specific request violates the general policy of proportionate allocation, a determination should then be made whether there"are planning considerations that warrant approval of a disproportionate allocation of intensity. The Planning and Zoning Commission and I, 0 City Council should consider the following items, but are not limited to these items: a. Has a disproportionate share of intensity been previously { too. • e allocated according to existing use or existing zoning? Should this existing zoning be evaluated? b. The location of the proposed development in reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. in this regard, the City's Master Plan for public faeilities'should be considered. It may bt found to be more desirable, for example, to allocate more trip generation intensity to a proposed development that is adjacent to, or would have convenient access to, existing or proposed major thoroughfares, major water and sewer lines and drainage facilities, c. The environmental impact of the proposed development' There may be reason to allocate less intensity for ,4 specific properly that would damage or otherwise require major moattication of natural drainage areas, the removal of large masses of trees, the leveling of hills, and other major topographical modifications to develop',. d. The proposal should be reviewed to determine its compatibility with existing and potential land uses inn the surrounding area. e. The allocation of trip generation Intensity in reference to other policies of the Plan, such as, the protection of ol&t neighborhoods and single family housing; diversity of housing, and the concentration of apartments and office/retail sites. f. Negative impacts have been mitigated, Policy 4.4. Intensity Amendments. The City Council or the Planning and Ur'ing Commission mdy consider raising the intensity standard or intensity boundaries. llowever, if the standard is Increased,; this action does • not mean automatic approval of an individual proposal, Policy 4.5. Intensity amendments are considered amendments to this master plank and will follow the following process: • The review process consists of a study sesslon by the PlaimiQ and Zoning Comm;ssion, a recommendation by roe commisskh ® • to the City Council, and Council de'temtlnadon of; amendment for a change in the Intensity; Notice will be provided to the public. A petitioner, or IAN ~l. e bynet riri2 J aes brNuiredto,pM ~~sc MIA ~QIhTi11S814RA 714, study;shoU~d be„subhtta~ tbo[ p~ dared b}~,thastaf~ f rev9ew After the staff hsewed r the stud x c7n°dr~; ivil~ bey bIkl- tte~l fo tie Pla` arK! 7di ng omr - °n j ~'I` C q ity. Ci tt ould oh3 a 0,41441W C' m ma0 O t~ d ) 4n r:.l `A4 Y+ K y d.1( "r ~f the'Plann~ng'~~~;~OaAht~jdp`stdd'j` ~~`bE'tyn intees~ty5ue`3t~p T' ` " ~~rr~p~t"af c~~ing~eti a~Rs~int~ss'~` T 1M/1`Y tM A+M. A^LAYJY 4pn Y. W :I.x.n $ta13d2Id! i a2• Zy I f t • • C'ottcq A.6. - ~ONENG CASE DYAGEZAM GOES Eipt~3 E3. e~ • r • r - Policy 4.7. The level of scrutiny for development proposals that are inconsistin with the d6eloptne6t policlcs'.of thls p€an may increase; analysis, mitigaiW 'ineaiures; eviety of site plans andlor architectural and landscape des€gn may be required;. 3-B3unda~y~e€►rtkien in genef21 loca6ens within f " Detailed boundafiesme afea. defined in Appendix faya+ Depannient) and on the intensity Area Map, as ved-by th Planning QIy Counci;. The lines4bf the-afeasarsiablisked n y using the fallowing b a. 6ew +ewsi"reas i 1) The Denton Developmem Plan leeefies. s a traditiena€ large-i~ied 4) The area 1 and tmditiene! , boundaries, -no 1!--. Elef and Mm"Of 10-01-1 planning 13..r ``o~~~~..--,R-s_.J !De neighbOFheeds Fray- use Etlll men Ahailitie and may have a €,Rstefy-ofinupdal-c f`ffiS. Tb rfefere, these areas f•"7° e 4) The intensity e, { area ineeiing the +a: intensity ealeulafien !fk'aflrea should be eyalueted. Generally, able to absorb urban growth, and some areas should be Examples :~elude ima T W. ~y...r....,..~...r ...r u i S ; • b----MoeefeEe Aetivity Centers and .e same efiIefia used fef •h en ky-efea boondaf' o&q- ske4s-w aefes. r[~ic°[.&tiea Of here ' ..lined the Plan Lo€iea; i~ arming bou. be evaluated to ensure fM1Zf Jis w}f[i-{IIC-aRj uccT1T'uiiar. 6. 1n!en54y--An*ndfp&nts As stated if, +he4 tfeduef en-to-this-e~ , 0A ehange in aft intensity StaA~8f(~-iS-EYaf151deFef~-a-FRa x Ef8ff5~0f~04fe",n--a and park-5-A,h]C--h can directly of indifeefiyehaf ge intensity sheeld -.,:-,.,ed to de;eFm:ne the E o:,-~if City; Tle-"eNW-~F©fe55-f-0fL~ii5I5-Bc • `•r-a-~cvvT-~c~iBF~~y-the Plam;ing-and Zoning C-0, u,5910H, -fef a orrmendo ion by fNEmissio n-to the and Geuncin tictcumpflation of the need for a change i City-Geaneil, theintensity- ,,j.. pedtioners, land owners Tke4geni nission will fev' staff at stud), sessiens set qua _op land owner, doe net w! wheduled study sessiefn, the petitioner OF 1 wrier MUS! Prepare -a estahlislme~ es-part e€ the procedure nag Eenntznissien- intensity--analys' s b- aet e(-Pfepesal-~aries efa*eew areas. e:-E€#e( -e€-this -the C-ity--ifntensky er -tray kne-reAueeA ffltx+Apleifr,-panes; hlghw ete.) offie ifm using the-son* f ' areas whe ° ^ ensity-may~E HSEEa E99i{SCf other land use areas aare-restrieted ie land uses in ie p1 $-af unde review -anfEti. '-°A -----med f=- the intensity formula as outlined-in the Teehnieal Appendi% to the 6 D 0 O enim Be4eleprment-Plan (a separate doeum A she City shoul9 finet heappreved 65. .Y...x~ Mir::.♦:l • • , The-A~hould-~ted to -s{ has Feviewed the sti y, ►t willrbe su .iited 4e4he-C- issien -Fhe Flaming end The fbeus of the planning and ZepAng Commission sk4dy %ill be on the in eesity quesfien attd the-~' ehanging an area's interisit standar . Other planning deei the4ntensitytjues6en- Objective S. Intensity Area Boundaries. Intensity area boundaries should be defined using logical and traditional planning techniques in such a way as to achieve the Plan's goal and objectives. Policy 5.1 The following should be considered when defining intensity area boundaries`. a. Draw boundaries along easily identifiable physical features such as creeks, thoroughfares and railroads.' b. ` Environmental features: In order to protecC natural resources special consideration should, be given to floodplain' areas and sites with slopes and trees being placed in low Intensity areas.' c. Land use and zoning;As far as it is practical, intensity area boundaries sbould be drawn so as to include existing land uses (built) and current zoning in the corresponding intensity areas based on the guidelines given, is the Denton Development Plan. d. Location and shape of tract: Certain tracts of I* because of their Ave'md location in relation to railroads and thoroughfares and/or existing' non-residentiai development, should best be used for commerciatlretail nt • light industrial type devetopmenM Whenever these site„ abut a major activity or moderate intensity' area,, the boundaries should be drawn to Inelude`these tracts a'a, taf as It is practical to do so conside'cing all'tttt•; t)th4> variables. • e. Land use compatibility 16 reviewing extstmg land use O • and current inning for furore development, an ahem" should be made to integrate land uses,thathre txrtitpatiEtl J to separate those uses 6, are ittcoatpaGbie Policy 5.2, In some areas of .town, however, boundaries; tiny ftgt',follol • • traditional planning boundaries'. Neighbors may use Common facilities and service, areas, and tray, have' a history of ruutuat concerns. Therefore; these areas have a "so oIeconornic and ph, 04 land use interdependence whose boundaries may not be so easily'seeo . s The purpese is io-eneetifege filteFnative types of geysingthat nd individual life styles of insure that theoverall eity wide iniensiE Iteed 1~fines 'If pfeteef of the plaft's intensity pAeiesT llousifig-lNversily It is the pelloy-ef this p!Ekn that housing diveEsity be ly eneeur hok -Theteliey-ef housing diversity is elosety-related-to housing, density nd eesi. 1ieusingdeN$ityis defined nits _ ow-(G-3Y-ffK4 m-{(3-1ess-ihan-; 2) anv Pet high (12 and Y'' a. ° id .a Of 1...,,ARg e. oel,.ifi SUCh qkiafltitieS n5 eity wide and seetef-wide that eeFfespend to ate, life styles. housing in all seetef5-Of ti-e eity, ' housing type should net be coneentfated in afty Me seeief of the-0y. which values, areas-of-the-&. • that a planing-poWes-are! 1) Ne type ef e • ' 2}--Geed -site -ilesigr-. • • efehiteetafel design b~. _ 0 s 3) T-ranspertaiieft design so !hat higher density hou be3eEN,ed without flowing a}- -#aftsper4afioft -►e~ integfated within and beoween ~fhmds and wivily eenlerS-. 5) C-Feme the quality oF smallef size heasing. 1 Owing Cost a.. GO- Regulations 6i fequiEe tuts Se one bigheF quality housing bui in so doing have faiSBE} iRffing-the5ei estf*e the deveiepef and then4P a ig to fedUfC kilo 8. Allew- gfeetef-flexibilit fegUif°m*><l! and ff mekaf"Ttlen: b..--~f-evi de mereile ible-let widb) and depth fequ .i{men~s as iett6 as the m4timufn lei sim is maintained. e-Hxplefe-and imp efeent ;atisiN Flo tow houses _efni detfle ed houses s''"- a la EfefeatiAn@l-atid-gfe@fFSpitet~ . 3-High Defisky lieus ifighden9v helr with a density of twe ste (12) Inks and OVeF peF affe. R is the peli eml, of this plan that high density heusing be dispersed with limited a plafating~Eea o a-~ odefak-net *ky Gentefs The plan eneeura aetivity eetlt ers but limits the size of a-238 uttiE9 b~- Lew intensity Affts I individaaliz eenditienst- b8. e, ~ ad • }}-F3ireeE~eeess Ear ce:!ee:U. street O }Urger-Ehereughfarr. ~}-Aee tid pubFietreflspeHeEien-(when a','ai1able) 3} Strict s: ~;`w far-aV prejec4s-w+Eltin ,600 feet The intent is4e of ex+stit3g Single ferE~►iy-dwelli pratee+-exisE+ng-heusing~s-~--pr+or+Ey-geliey-by--gaed in c# •A =ffiis peliey does not prohibitlti fanttly ti tE=,;rF; ,`~!3^x.in$ single family-HEwsktg; Hu public fu"e-dities are -fideqUate including eapaeity for-all-rnvxles- ansper#ation, 6} eke si , fatien shall emery-between WO eta 269 Unit ' eess~e aspeei€fe-estegery-of-i#~oreUgbfafe-4Re€er{o-~eFieits-itt SeeEien B}: 4-r>ipartnxnts;-Reefeatien-Fae:;,Q-mt«lanning it 45+eeegftized"ft+Ulti fantily~evelepcne„~s r.l ^sfeater stfa:i,~a etffttnwftiEy-reetP atiettaF- faetliEi?s-'f#~irN~peli~.>y-Eherefere is-teeneeufage-a#~a+#ntent c~plexes`fe-pr©µi and-- ber--fftfeat;~~to rncca--[nc--Ce~ccdas--o resi eats tlgarEf►xnF eornplexes e€ lofty ive units and-ever-sboUld--previde facilities +nektdfng Hut not fin3ited to swiffftning peel and esereise egUipn3eni- Objective 6. Housing. Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens and that protect existing and future neighborhood integrity should be • developed in all areas of the city to promote better utilization of infrastructure, more energy efficiency, reduced traffic congestion and a sense of community. i Policy 6.1. Housing Diversity. it is the policy of this plan that housing diversity be strongly encouraged in Denton as a whole. The policy of housing • diversity is closely related to housing size, density and cost, ° Housing 0 a density is de;tntd In units pet AM. as low (Q-less than 6); medium (6-less titan 12) and high (12 and over). Policy 6.2. The plan encourages the provision of a wide range of housing types i9. 0 • i E in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing life-styles. Policy 6.3. T.mphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the city. Policy 6.4. There rhould be good site design transition between different housing types and density such as, greenbelts, housing density gradation, and buffering. Policy 6.5. Roads should be so that higher density housing can be served without flowing through lower density areas. Policy 6.6. Different modes of transportation should be integrated within and between neighborhoods and activity centers: Policy 6.7. Ordinances should maintain the "quality of smaller sized housing Policy 6.8. 11igh density housing should becdispersed 'througLout the city with limited concentration in any planning area. (Note: Incorporated in low intensity area objectives and policy.) Policy 6.9. Apartments, Recreation Facilities and Site Planning. It is recognlted that multi-family developments place greater strain on community recreational facilities. The intent of this policy, therefore; is to encourage apartment complexes to provide open spice and other recreation facilities to meet the needs of residents. Apartment complexes of forty-five units and over should provide reereation facilities including, but not limited to, swimming pool and exercise equipment. Policy 6.10, Housing Cos: and City Regulations. If it is important to'reduce the cost of horsing by encouraging growth in the low to !moderate housing market, according to, but not limited to, the following.'; • Policy 6,10.1.- AI!ow greater flexibility in the siting of a'house on `a lotj requiring only a maximum building coverage, `front `yanf . requirement and fire separation: Policy 6.10.2. Provide more flexible lot width and depth requiremrnts'as long 0 as the minimum lot size is maintained. O 0 Policy 6.!03. Explore and Implement housing development concepts such a town houses or semi-detached houses shari1191 & iarle recreational and green space.. • r • 3-}4 The intent of these peliehes as well as rmmefeus e1heF POlieie boc*b , 1 tr.. This al eiz a °aurFent loeal levels. , tEt$+OUSt'ft$' s4E32~E a. Mod f Fedeve ineent' b. The Follow' -.-I neighbor :hoods` nehgWIFhoods: i'lRIIIt r City r e0ief Y-Ft , e. Speeial cons -1-oll be for the pfeteeiien of eldef sgeei€ea and shewn en peg en gage 48: . 1) Carroll BoulevaF&UniYefsky DA~-ei An area bounded en the seudi by University BFiMe, en the eas! by Bell Avenue, on the nenh by Gerenade Dfivft and Il' , and en-4he O i Art uea bounded en the south by West Hiekefy, Wele oft !be nomh by flie south pfepefty line of retail and office uses abutting i • M@1ene, Ser►gthFeen~Be Bee O O ate)-sSroOUthzazielYliagle DAYO!. , An area bounded on the south by 13513, Bad arml O • • I r ,.11 the eM by Eagle P. and en the L. 4) Morse Lane. i LoundeA roanocv the sovaL [ by f1aPas Dfi Duneenr . a^^-i__r Vn=v ' v~ and A and KeFley Sifeet and the neM pfeNrty line along Shad Oaks r en the east by Woodrow -aridudfa--Lanes, and on the Streets, on the nenh by WByne and Mezinge west by the-+a'1 ea D. StFeet, A. n..e R and the Failread !a Dallas Dfive. 5) t:,....L re..,.llroe.>rn,..... An aFea bounded an the seuth by Parkway Stfeei, en the- east-i, , en the nomh b /.l (1vn L f1:e4.. rr,cnvrr V:u.ravn[: ic oiv[a ic[ a Distr ..e. 6) Oak 476 and 488 and paft of bleek 47 . The bound FieS e tTH:`l listafie Dist_T• ~ 3vef the plan pefied -7) Addition@i ME'SS` Othef ofeas may be added to this list ffem time io time ever !he plan pefied. d, -M ev ents ant# ether pfeposals, existing neighborhoods wi~ be given speeifie f6a5ideration to etas`" stability. ne...ne.ible4edey l~k eview .:,e: Will :nef..de, 4-}'-F3p8red~inS eldeF riera!hg-Afwf"" will L. e.t to hhe .e..r !hat it _ ;...teed • er !he everel neigb..erhood: positWely e 2) --Res-ie00 ter neighHerbeed5. n.,...esed de..elepfnem to nem•by • n eighberkeeAssh-ould be judged by-t# fieslgfren • • de-oelepmem standards that weuld be applied if the deyelop►nent 6. Spa! Apatimenis in Oldef-Ne4hbefhoo& 12. e, • • Saffle older neighborheed5 have been opened up to apanfrient &-velopment and there some uu^'iquL- }~^are•nldiialare-rW4-`suiinble to be al 494his plan 'Eistifig sing! family will have a -pr affTler a- ' g Aptw -fit- 1jef Re: ighberhee& in addition ie witls-tlae-eenEefA -polls plafl shouk"tso-have 4-)--[,andseaped-4reni ),aFd, etbaeL. equk,alent in site and C-llar~,•aszca-io-v~-av~eCCi rxs-Jnigle-FamilT_ 2) parking in4rorii-yer~ of the f~rt3ple!E L. 4) Side find-t-a ~id screening fcaccr; Objective 7. sing, and Neighborhood Preservation. This Plan encourages the preservation and enhance neighborhoods and the existing housing stock of our community;' including In the following ways; Policy 7.1. Modify, codes to encourage remodeling of housing and redevelopment of neighborhoods. Policy 7.2. Provide tax incentives for historic preservation This policy is not intended to provide incentives to individuals or to modity health and safety codes: Policy 7.3. Provide or upgrade public infrastructure, such as streets and pai;3 in older neighborhoods, Policy 7.4. Encourage neighborhoods to interact with the Planning and Zoning • Commission, City Council, other pertinent boards, acid City stzff Policy 7.5. Encourage city and neighborhood forums and toHV meetings; ' Policy 7.6. Assist, when invited, to the formation of neighborhood associations; Policy 7.7. Give special consideration for the protection of older residentli • neighborhoods that have been improved 6i have benefited;-fro • • Community Developtnent Block Grant funded programs and'pioI and similar federal or state,ezpendirures. Policy 7.8. In reviewing zoning, subdivision,; capital'improyements a"ttd,.othei 73. • e • s proposals, give existing neighborhoods specific consideration : to ensure stability. Policy 7.9. Support compak4JC redevelopment to include the expenditure of public funds. Policy 7.10. ' Encourage upgrading or eliminating deteriorating, unsafe; and'flood prone structures to the extent that it is judged positive for the overall neighborhood and consistent with 6jstoric preservatian'and flood.'plair policies, plans, and ordinances', Policy 7.11. When considering development in older adjacent- or nearby neighborhoods the development should be judged by,ihe seine des€gri and development standards that would be applied if ihe'devtlopmen was proposed in the exlsting i~ood Policy 7,12. Apartmenca ln' Older Neighborhoods 111. in ;the" Wei neighborhoods in addition to corr!plying wit 169 u&,xfttratlor and separation policies of this planshould alsP folloivrSWe~.deslgn standards such ass a) Landscaped front yard, setbacks Equivalent in site and character to the adjacent single family;: b) No parking in front yard pf the i:omplo' c) Limited cotteentratlon on any one„ block (two per blo* A maximum guidelltte) d) Side and rear yard solid screening fences and landscaped bufferyards: T-ranwom • r sysieffl is the bind:.. feree pattern teg°c-rncz--i id-wA4m long range thane ughfare-plaiirl ' i dee4sions no! epJ), respond to Way's needs, b i also centfibut The designatieii of a center to aceefmnadate high intensity t) develeprAents-k the Nt ffe Will nitinent ;tl. '74. { • • Indesignin b8iven-is-Pt threagh nia er thereughf 2. Leng " 11 eaghAfe Plan •n.s 1OAg a tl.OFOUghf...e plan is based ' edified „ fide er^^©,,n11 ^e^e.••.~.. ally iC1fi~ eenterr -a7 adequate faeilit es-to nee!ei:y wide-mobility needs in!he NWO.- This ifielude auto-; bike, 5gi©nel mass transit. en-the map en page 4; TM 1.. range tho ghfn plan is based en the rationale that lafgeF thor business .,hieh t'• me mere t"afn3e maJef !aFgeF iher ghfn n:t;e ff"nR,.n ~~d&[T is -Akph fl pff.em mly residential land uses. Thefe afe else ease !ho_rE_)U_81hf8_Fe_ iS- needed io connect FnRjOF sections of the City. fare Glassifieetien a- .eway The-keeway 4& ss41.W*6ea-ine'lude5-~he 1raerstate the Leep 288. it *9 the intent ef Ns pr' ' . the eep 288 existing-Leap- He net in eenfermenee~witlt- freeway speeifieations. Primary Ar4erial i These "i*-a-stl m ays are pre; Ff a~reeenemimily feasible to eenstmet sad have efn: . 75' j i ~.vo....._._,.__ 1 I i d-~t~11eCEJF&FE'ef9 . 1>r-subEE►+isieA-fe stfeet desk . ;gal and development of eelleeief } Coltm ~VL . .,.e"'" 3CiiLta ~1YJCally "have a ,iii,niour-ilf-pp-feet f1~iF-6~Way'; 2) A! leas! one eOlleeter-street {ie4o4h"imary-andsecendafy arteftels. land uses a r-as apartments, indUSErial afeas, and eenifnefeia{ afeas. qi- "~r~rt' intensity --'tf~e...,....,zc-~c~-----urn +f~e-(eases: Colleetef ~~l'€seE-aE-hsl€ mile-inEerva'sa~ set ....e.. ,~.ge um if sueh a land we lntef ehanged to se•-fndieate-the sf+erial on the 4lWdug#tt'afetIW 4--curb Cuts --Lee (488 The long-ra plan ig to weess to the Loop. There€ere • access to !be I---P and will be t-"ired to have alimatiY-9 be-fe eats-+ es~~lt-ifre-lanA-leelE sitaafion ;e ti ~e f • fiats 0 0 d e • primary and seeendary-arneFie4r greets. on site 8Genefal .-6ec-a.-. arteFials are to be desigmied as Mime redesigned so tliai Oey do net ifieremeWally fink up to these foads may ehange thetefem, 80 fee! of right &PmW weuld be requifed of all devele.-ment"iseem to 2) if ;and use ehanges eccuF that will sigRifiesfifly ifleF@a Lk plamed ifit'. the-- dbe Plan will-be plan, Any signifiew 6tiens-4the eeneept plan wiH neeessife b. SpeeifiG (RefeF 10 fRarp en page 3 ) 100 it fR T2 leyelois with4he-Sf me,'°^-r, tj-aa seethe R{faEEtiNA 4)- Gofbin Read will no! pfevide an eeee* of fml. v 35Wr Plain / 5) Wi 6) No tinghafn Read is Fie. to be ceminued to Loop 288o 77. i All • • strong ariefial linkage to Highway W. it is the f1tyr.-jai is -'fu !4-ZC°_-..... ended that _ _e... l..d ....f:,., management be eendueoed to -Lip,,dAp gle all iFn d. Bell A enue 11 is reeegnized that there is a need For a fnajef north/south Foughl-are in Pow of ~~~e~ east ion of the t--ity. owe•;e;~ro inereased ZiIIR -h-feugh -BellTTR° -a-! in the best interest a tFaffi?-manabc.'::_nt si idy eendueIed to idea ify a--new nOfWSOUth 81leFiB! iR that Part Of the City. 6. N185S :FtanSi ii isrecognized tlu` eN'erall transportation needs of the C-iV4a4he-4of%rv-. the mass it polieies of the plan are set eut as follows. a. fliye-a-ftiglt i pre-Miles easy ga- stern she!l be designed and iftid out so the! it eemplemems a-regional mass transit system. An internal system showing possible ieeal recites and steps is ineerperaied in the map on page49-. b----tRy4he4odfl"iOR for 8 regional mass transit Sy5tefn Whieh Will eonneet-t lede area of Fort ~Vert# ectrrer fl-c3~4q e e. Re City shall eensitae preparing a layout plan whieh will identi ion • 4. 9te mass transit systern should be egms.fad 4vid, layout far • o -7-.- Pedestrian and BieyeU The-plan -ieeegnit 78. • • S pre tt3te end er3eewrabe weFk g end eyekng es indtvidaa~ modes of trasESgerf- ~ A- elk-j-we ffiffiend ity be g+ven to f#+e •tr~g-bil<++3g-erel-J~B-t T#t2-fr+es ide?ines: a-- Sidewalks on both-sides-e -Fnest streets-e~eept~ 1)-- ;ter : ff; -i desigf~whieh ovides-?'or acreage leis, neaf tan access. b Pedestrian aeee5s to all publie and community fa +t♦ties #je€uding 4"*ighberlteod pafks, e. liner comet -system Nvith facilities in the paks. Objective 8. Transportation. The objective of the long-range thoroughfare plan is to avoid congestion and protect low intensityareas and existing neighborhoods, and facilitate multi-modal transportation opportunities, by providing larger thoroughfare capacities (freeway, primary and secondary arterials) to serve the major and moderate activity areas and collector and residential streets to serve the low intensity areas with predominancy residential `land uses, with `a network of sidewalks, bikeways, recreational trails, and transit routes. Policy 8.1. Thoroughfare and Collector Street Classification and Policy: Policy 8.1.1. _ Freeway. The freeway classification includes'the Interstate highways and Loop 288. Keep Loop !288 as close as possibly to a freeway even though portions of the existing loop are not in conformance with freeway specifications. • 'I Policy 8.1.2. Primary Arterial. These streets transverse the City usually; with a minimum of 120 feel r€ght=of-way; Policy 8.1.3. Secondary grtOW.' These streets connect majorsections of the o city and usually have a minimum dght,o way of 80 feet", A 0 Policy S. L4. Collector Streets. 'Collector streets carry traffic from loco streets to thorough fares'. Collector streets should usual ly,b s minimum of 6,0 feet right-of-wayf -79. • • I Policy S.I.S. Collector streets should not be designed to link up incrementally so as to serve as a primary or secondary arterial. Policy 8.1.6. Collectors may be offset at half-mite Intervals. Policy 8.2. The thoroughfare and collector street map is shown on the Concept Map. Policy 8.3. In designing the thoroughfare system adequate consideration must also be given to ensure that commercial and industrial traffic are routed through major thoroughfares and not allowed to flow through single family residential neighborhoods. Further, traffic planning should ensure that no local residential streets are utilized for general circulation to the high or moderate intensity developments. Policy 8.4, Traffic Management and driveway access policy; Policy 8.4.1. Loop 288. The long range plan is to have controlled access to th? Loop. Therefore, all new developments will not be allowed direct access to the Loopand will be required to have alternative access to include the provision Of Parallel 2CC69 roads. Existing developments located between US Hwy 380 and I-3513, that have direct access will be reviewed with the objective of removing or realigning' curb cuts'.. This policy shall not be used so as to result in a' landlock `situation when there is no other feasible alternative: Policy 8.4.2. Primary and Secondary Arterials. The primary and secondary arterials are intended to serve as major routes 'to carry11 volume traffic. It is the policy of this plan therefore to strictly limit the number of driveway accesses to arterial streets; Greater emphasis should be given to on site circulation of traffic in all developments abutting 'primary and secondary arterials. New developments shall be required to provide access through a parallel access road. Policy 8.5. Landscaped boulevards and parkways should be developed in and along arterials: r Policy 8.6. All existing county roads that are not shown as primary :am secondary arterials are to be designated as collector streets. rn ribs process of development, these are to be redesigned so that they do not incrementally link up to serve as arterials. `Ilowevtr; it tun • functional status of these roads may change; therefore, $0 feet o right-of-way may be required of all development adjacent to Improv County roads. to. I c • w -7 • • Poiicp 8.7. If land use, or conrepf mepa changes occur' that ylil signiticavt►y increase the platmedrinte"ty, then ie t>~,* caughfareplar+ 5outd l? modified;to rzflect the treed tos more ti?or3ttglt*s' Policy S.S. ' At=grade, crossings of 1460',288,9au1C'fte; kcp~ to "Aft 8 iitt w,.. minimum;„ Policy 8.9. , N1COk Sheet ibd WMAor " w111 not cross p "S Policy 8,19, Mass Transit,' 7 he"plan anll gWc high OH r1ty 'a, 11 m4s transit systent'that pr"or~ldes ~~"a3y' ;a yccue~sta`arsd fcx~o all vity irc~, ' in ttie City; ' ' Policy 8:1;1: Tlte,lOCal system shall be ds~,graut and Iaad nut sothat t~ compi~tge ~ regional mass t~anstt"sY=tem wI►ic#t~nEf ~Onnec~the City 6f Deptd ~vitt Downtown Dalhas,"they"Gal%iltt~sxare~'tif`~n11as'~=path„sl~~o wok A3rpo~r, i.as eot~,'a~a`t~t~~~~r~aa~~" i~ cftawl~i i Policy 8012. ne;Caty shall onsl e, pr~rtng`~ lay Vt VIp specific sites Ito be acgv~r~dter irvnp~ea~4tatlott~s~a a1' } r. Y u 6.1 b EI, eY&e ft.uS.Y. 'aF .6S"u M5 K+1!:N Policy 8,13: 1he'mass #rans~t system 6 %~ld C~&'l teg C 13t ' e joy,?t; walking i~tlcing and"joS941 Policy &M. Pedestrian aEceSS at<d bilcc~ays ; A, c~m~frt•hens~vt~" ~ya; ~►f sidewalAsr traits, and oikewsye sli ld t~ ±st►1# Ming lo' mas~te trail's piars~ sttt h as the Comreh'ivt`ilrt?~adf9 4 • it ~i x _ a: "4 4. • !1 SMT COMPRtHENSTYE.TMII." k?W 3! tl;, y _ V2• f. IF ~ • • C 1. Penton Te el.. ..e Dt., is eeiceea.gi6nn and J a wide tea.' ~~e of .A jk~,V ex A 11! Sn~a esEaWishmenls-whie .l:fcc e..ric eA 9.~ ay consider development ineentives to ftttrae! 'ne'w bas CStJtlil~- ieEeFmin ft-.-.4he4ypet. FR3~'-f}H.3-}~F ToI n!^1~2 given In y-etion E,3 below. -I{i~IGIIRI•C .i e size and type ef establishmen &isc-fniiirz ti• , ,1 -l - • find hieh will fnake tt' sigtri€wam are fOFlE ibutiA base. ineewives may elude A~*iiOF ' im i4et#or a. T-- he C-ii), ma -bi extension-eF utiiitY `°-i'ic°a-a:aA aSr a t develepmem wi a Ns is .:ills b. ;i eent Wes shall inelude but not be limited ie ® €ewingguidelines. speeial assistance mu'tF of the NI u:. ~ O 0 t afd indu er,.ll !Fade Fney be eons'iae..ed rein eemiyye $3 1. IWO • I h- in order to be Fea--has' . all b esseq of industries ..e be able to `how ilhat least 1%--ef their goods eE €Benteft. e„tu:,te.ed fe. ineentives. Spe ..i„t:..e effiees of warehouse %i4l -He! q fay . d. stry the itefia limed in a, b,-of his publie swd), will be based en the hir. e r 2. A pre-set pu ised ei appfopfiate--~ity staff membersrs "rv-4he--Difeeete:-AEA Eeenomio Development far the Denton Chamber e Eernmefee. io, then !he 'riyest'rnerit-, Idy group will. fffwef({4he fepart to t a-fec'emmen~ ation the! the business eF industry be eensideFed 4n ustfyr- T The PlaiIIil e Manning an • r rromendatien A-411 be fe warded the City Gouricil feF its review and deeision. e. The Planfling and Zenin Gemmissio may make f ~`.'t y f+,,,,neil.en the spe..:fee e nature atuiee and t"e of ineentives to be given and the definifieft of businesm • . tis 44ff •any -a'@j-te-~et 1 ,asitiv eity simply beeause these are peFeeived to feenernic benefks. objedlyt 9. Fc6hoinic myelnpmenE;' ThtsI Platte 66119` fdz3sir6ngtlac~41, diversi o bgmpfoytrunoppot;tiW4. e e Policy 9.1. The City may consider development incentives as an appropriate means to attract new industries and cost beneficial business and offices to locate in the city, and to encout-age existing industries to expand locally. Policy 9.2. Development incentives may vary by size' and type of esta'alishmeni and its initial and potential capacity as a generator of employment and tither economic gains. Priority may be giver[ io basic industries that are generally clean and that will make a significant contribution to employment and city tax base. Policy 9.3. Incentives may include but not limited to a. City-assisted extension of utility services and streets to a proposed site, and `may also include `the waiving; or postponement of infrastructure development where this is possible. b. Waiver of the application of intensity policies so as to accommodate the proposed development on a specific site: This waiver should, not be : interpreted to mean that transportation planning, urban design or neighborhood protection policies ore to be compromised. Policy 9.4. Guidel'ines' for Considering Incentives.; The consideration "of incentives shall include but not be limited to the following" guidelines; a. The City of Denton shall instigate a cosVbenefit analysis study before granting conomic incentives. Through grants, abatements and intprovemEnts the City of Denton can subsidize growth. In many cases, there are benefits to the community associated with ibis growth;; b. This cost/benefit analysis shall include the costs,of publi services and infrastructures associated With, growth Including ;water, sewer, and electiical services; storm e drainage; roads; parks and recreations and, Ciro and police services: Policy 9.5. The Planning and Zoning Commission may make ,recommei.IM16rt3 to the City Council on the specific nahtre and tyke of tncentives,ta b given in a pre-set written methodology, o Policy 9.6. 'fire economic development policies of this plan Ihould,hot be tised A any way to allow certain land use development In the clty simply because these are perceived to have positive economic benefts; $I5. e 0 • The plan feeegnizes the need to pfevWde filequ ayeks and open vide guidelines fef °r 2. PaA Piano Parks a. Neighbefheed and Apen~Speees may yafy in siM within one half mile fadius of the pa. ~F Site. The gene($l 8nd- €eiiewiflg examples: i\ _ Th2pvi-rc U a1. ~vo1.1 be in v c°ar~rm .nl r~ -n-~cr-~vvariczr'Jriamrmc ne4hborboe4- , ng-an -e sidewalks 0... ivr the e a cntix --v--na nefghneriieed: 3) On ske-p"king--6-ff str . A7 overearls.. and 1e' t meet !be needg of the o . League typ eeliwefiee ee diseeuraged. 6andseaped epee spoees, befiehes, and playground E-ineiuding slides - swing sets ere-ie . Reilifieg neighbOFheed , ineluding R R isils ere eneeuraged- setling--standards---('or-e9n'6~r ~--Q@64~12t1e5-z : i V 0 visual amenity of residential neighborhoods. Hantings. teehnigmes myL bused -is pfeside beth eye appeal T .r: Y, • • s eperrs areas such as good plains and lakes. be eneeuraged ie @6 eept !be responsibility for developing e~ui ^d erAtancing of ne gMeMr1. A padwarrv°vPc xx A ea Uf?I[ should ifielude bui are not to be limited to the fellowiR exftmpkm~ 1] w 1 loeatien ithift Ae 2~)/7--'-vifee! n.2ess ie a ev leetei OF seea daij r ajvi a eiial. 3) 4) Des Fned !a aecommod ails a G\ Pfevi` e le G...e anA eatien C„n:lities fe fl.e sen,e !a reereation _ r swimming r and tur..! fn iVe _reffeation v aFeas end space - i! ~;-accfca~rvz~raa~ faeil e. GeenbeltiLiRear perks haE plain .A-egeff spaees should be , The general eemeep! is that thefe • epen spoees and park land AM adequate landseaping se a6 to ipfes,ide faeil:r1e f.. ,red e ames, pieries, bell r bike i following! • 1) Pfew9e ne raiec,r e • O city with eentinaew}beks-e€-pafk4efl-: 2) P S• • • 3}---~ r-faet}if+e~ ineluding, open space F-F games and pienies, and bikin~g-, i hiking end jegging pears --a-sspars ef the Parks an ReereMion-niast"an, 4}--~ e-raendede ..«u.r -atvissPrear ace"k-c@ Lake ; ewisviHe- b) Areas From the Munie4p*) e)Afeas in the noF 3, and """k'" st aleab Mil n el and a 'GTCG"ICIIrCIa{SSSrSa V1 a'cCi71 ~ ~~A ~ J'LV Zd%c L'n n Fork- 'iyef-. dT Lineaf ks outside the Reed plains irAeliGGIRReeliRg FBffell-~ e) AFL-as aleng Fletcher Creek kem I Ridge FP Hier"°r ,,..7 Creek. rT'vd. SehoeNPafk-Sites Kai'`nCVCf-p0554~f~-Wi{L „ •.rra-~cmkvs~is~r;"aoii:r~-tE1C-5}3ar"'b parking ' and open . e. Aegtf+afats and duNie-Ape~rrS,paees lie evisien o pafWand to meet needs in aeeerdenee wiffi I'S Parlts and Reefeatien ...estef-Plan. in some eeses h• • >ftftkipa~ma Neu e€ -land. Re Pefles and Reereati on Masief Plan should e'eef;y identify potentin! sites ME park land, assisdfig a in deteFininingthe leeat+en and size-ef the site • Objective 10, Parks and R&ic a ~ An obl ttYe of i&>pian is o'$COYide iiigtt O • quality parks, recteatIondl d ties a 1d ox ~C 51 tE ;ta achvitics Arx1 t`6Ken~a,,~; Iknion ~s~ fe,Y- Policy 10.1. Netghbofhood Paiks afid P00 Spaces Neigfib'6&W $i and N ~EII~BFi • • spaces are typically 5 to 20 acres in size and are intended primaiiily to serve a neighborhood` within one half-mile radius of the park site`, Policy 10.2 The general features, location and 'design criteria for neighborhood parks and open spaces should include but; not be limited 'to; the following: a) The park should be in a central locAtioh, within' the I'll neighborhood. b) Emphasis should be given to pedestriaq and bicycle access; including an interconnected system of sidewaW for the en0te neighborhood and access to the lhaf'st'er P* for walking, h'Mrig,"and jogging,,, c) Parking should be provided along adjacentstreets,ancl!d constructed on-site; d) Recreation and leisure "activities should be provided 0 meet the needs of the neighborhood.•Iandscved ope spaces, facilities for picnics, walkways; jogging paths', park benches, and playground equipment are to be made available. Sports fieids should be designed for open play only as opposed to organized leape play. Spotts fields will not be lighted for play. 1~acilides for neighborhood gatherings should 6e considered in design: Security lighting shall be provided. e) The neighborhood parks should play an importantrole,ifi setting standards for cotnmuruty" aesthetics r '~77k't ,aiSd location, design and layout should enhance the quality visual amenity of residential neighborhoods 1?lantings4 sculptured forms, ponds and fountains may be,aredI fot ornamentation. Contouring surface#, mast my atltd~otla' techniques may be used ta.prkyideaboth eye appeal . utility. • fj 1Je1ghborh6od parks and open'spaces may;i.nchide"natriral akes; areas such a3 flood ptarts 01 g) In C, d ration with the Parks and,Ytecreast -rf H41 civic orgaNiations ahd'tleighborhoodaass(k~t:ortgat deVelnp,'ecjv,ip and enlian 4i tteigizborhobd p rks`aihd - tpaees; M.. _ O O J Policy, 10,.3, C.'ommdnity Parks A commututy'p' k t typicall$0 9( Mnf std and is'intended'to serve selersl;)tetghbbrhabct5>wit h iniles`radius ~ " Vann 0 0 • Policy 10.4. The general features, location and designeriteria for eommunityp 4 should include but are not to be Limited O the fallowing; a) A central location within the service area: b) Direct access to a c&ttor street or an'arterial Weet c) Adequate on-site parking' d) A`design to accommodate L. iiti-use trail's as part; gf,`A master plan for walking, bikln,° and jogging;" e) Provision of leisure and recreation facilities to TcrYe the community including but not 1u'nited io iecrea4olt center] swimming pool; @thle tic complex; hard sulfate pmy'paa tennis; gante fields for football, soccer and baseballyopen space; and `nahtral areas for pass rve ;ecCeatian;"; sill] facilities for group'events Policy 10.5. Citywide Parks. This type ofpark;Is typically`100acresoritioreand includes both passive and active recreational facilities, As well as' significant amount of undeveloped land of nature ,a ea F Cityw€db parks contain unique, "one of a kind" developments, such as a botanic; garden, festival site, athletics coinpiex or aquatics centers w S0h parks are intended to serve the entire city and, act as a desttnaton;lo tourists and visitors. Examples of citywide 'padcs are North Law Civic Center and South' Lakes: Policy 10.6. Greenbelt/Linear Parks. Maximum utilization of floodpl~16 areas fnr parks and open spaces should be encouraged. The gelieral con ep( that there should be a continuous belt of open spaces ataclpt l with 'adequate landscaping so as to provide: facilities fqr` picnici unorganized sports play and multi-use tra(ls;. Policy 10.7. The general purpose and uses of greenbelts and I~tiest parks sh~nl¢ Include but not be limited to the fotlot'ing; • ' 1) Provide natural corridors to co' Wt majoir"sCetibns oitl 1 city', with contiguous lilts of pxtk ia.~if ( 2) Preserve natural v6ge(a6d and fhe 10pNiOfl I 3) , Provide a wide range o~ recreatignlailei urvV facil'i • In, open spate 0 gaq~cs adc ~P ,F O o hiki ils xskp~acC ~dttlil'~«~ J ng atxf jogging tra Recteation rnaster'pI" -YI Policy 10.6. The following are examples'd greertbelt park lacatla. 10. s • a) Areas along Pecan Creek east of Woodrow Lane to lake Lewisville: b) Areas along Hickory Creek front the Nfunldi al Airport to Lake Lewisville: c) Areas in the north W northeast a16ng Milani Creek and Clear Creek and the E6 Fork of the Trinity iZ d) Linear parks outside, the flood ptairis rntercorinectin$ activity areas with park and open spaces along `Ca'ri1 Boulevard e) Areas along Fletcher Creek fr6in Lonk idge, Sf&d 0 Hickory Creek, l) Cooper Creek from :Old North Road to` L aloe Lewlsvi116) Policy 10.9. SchoollPatk Sites. Neighborhood',parks~ cot►irtiunA par`d and greenbelt parks are to be integrated whenever possible with a"scbool site, enabling the sharing of 'public farilities 'st cii as' Wilditigs playground equipment, play areas, sports facilities; pathways. P4MIng area, and open spaces Pokey 10.10. Acquisition of Land for Parks and Public Open Spaces. Devel6pei will be encouraged to provide park land to meet needs, in accordant e with the City of Denton Parks and Recreation Master Plan, lit soIin cases, this participation ntay permit the payment of fees jr, ,6 of land. 6:---E3rbart-desire ---Fufpose,Eent Tice-plea--reeegni rs the need . ^'^eiee a high • ,,e and ehafeeief of the built efivifenment. The a °r°„ ..Beres -are r iritended-ta-pfeyid v s d :ref e ' . b. Develop end-maimain -,stem~e 91. • • r is eenvenient, fe`and pleasant- e. Efleeutage the retention of "'Wififiefl. diseeufag-e renovalOf signif:eant4rees: inhere4anee-e€-FMe-t; ity-ef-~entert: e. Eneet* w that will 4iefes in Seet'~en D, E~a~Eet 4 3. Speeifie pelieies 0. All fafnib ShA fed !a proyide appreprime-~ e. Develepmen eng enteanee ways tc}the City shall eonfffffi to the-foi!o~ i Rfict cornplimwe-w.A~ the sign ordinance. ~)--FteviEkittk~ive-Fand~ a.,ed-frenteges' 33-Reglfirz- ninin',o;-~vr~-edts"w + Objective 11. Urban Design. Design of the urban area should improve and enhance the general image and character of the built environment, including through the following steps: Policy 11.1. - Protect and improve the design, image and character of residential neighborhoods. • Policy; 11.2, Develop and maintain a system' of xndestrlatasinbveinerat that;is r convenient, safe and pleasant'.. Policy 11.3. Encourage the retention of ikigting,4egetaubn"a-bd disc6drage 'th, removal of sign' ficant,tree§, as definer' by ttu` Dentdri Landscape • Code: 0 • Policy 11.4. Preserve the varied historicalatchitectutal and citltnral heritage of the City of Denton. ~2. A~ • • Policy 11.5. Encourage and "promote development along the entrance ways that will enhance the City's image.' Policy 11.5. Designate the following freeways and primary arterials as iha-rtiajoc entrance ways predominantly used by incoming traffic into the City of Denton. They Include I-35.North, I-3S. West, I-35 East, U'S 380 (University Drive), U.S. Highway 77 (Old Sanger Road), FM41M (Locust Drive), FM 428 (Sherman Drive), Loop 288, FM 2181. (Teastey Lane), Dallas Drive (U.S. Highway 77), t ,S, Higbwtay 37Y (Fort Wortlt_Drive), FM 1$36: Policy 11.7. Require landseaping for all developments except one and fwo`famil)? residences. Policy 1t.S.' Develop Gateway/Enirarreeway Marketing Concept The Vairtu racung'"bustuess report alluded to, Denton's brand image for'; att investments and the need to beautify the gateways to enhance sang n3 term "curb appeal". The strategic planning efforts of the 1!is16 program made specific recorn, rendations With regard t0 defu►ing,ariid developing Denton' entranceways. The Plan recognizes t2tc;need t promote pub) ic-private partnerships in developing and funding speerf>G entranceway _ projects including but not , iirruted to entra'ncewa3 markers, public art and customized Iandscaping,` I4--da1aaee4-Grp }-Ptrrposese-end-Fr~tent 1:3ndee-euffe o al of pereeived growth insteed of Fes- i growth towards i1•v,c~wvr2n`.~i-~11#$-fukimately-result in Denton be art of th wend pelie rneles baleneed grew.. TheFefme, the baleneed growth poliey of this plan iv. • "When J I towards plaftned-gFewdit-411anned gfewth is defined as g{ • distribution ~ • • The intent of this poliey is to jetemetee-"o-eqw.ble l _ ii encompasses the total arnount of deyelepmerk! foods From all seurees; C)3• a. - WM 0 0 seppar+fer devehMmnent sofm-pla le. in the Fnap on page-8, The majeF detefminates of motes areas fellows! 0. Ufi ky Facility b. Reads e- bl.,e Go.~a:u.6ty zaeilkies eange--ef--te" t ittide°s- is Chamber-of wee type activities, esefie:nie-eevelepw&nt -speeW' prttrtteti speei€te'eteerete- lt--is reeegniaec# , it me), b ry-ffFseffie cases to diveil publi funiling•-for-*til ies~, s ar+etheir-ial $fewth areas There€ete ^.eyided _'._:'c,- hir_4etal program intent - implement sh0tt egfarn that ineludes all of the above in&pent4enil _ . -Fore a pla just Opplyifig it Only tO F ads, without eonsideFatie pohey. the Land--.-.ma.mb-G0£unFt . summary, shoald~ date ;mot; me -a=we 6teMh eeneept et~A that entphesis sho, ld-be-given to as eppesed to hat eamet be dene- Cat!-be-~Ene- Tkt@-fp}lgvyi,.gTx--pl-- given to slefify the ,....rte, the balane<d greIA4h p0Fiki -'r'.he implementation guideline& should be limited ie the examples given. in some-e tanees, a panieular cxe . cle 1 • s a. Roadi and Utilities s 4-)- Bending capa iPt-should be FeseFved so as ;a premot 2) if afty ene planning area has utilized fneFe than-its planned share of public funds in the NwFe, then emphasi should lagging. z 1w ^t finaneing re gh revenue bonds may be used to ~nstall watef and lines A.._,...-Y:-ca :.1.r-cl Le cr-zrxac~--in`-&ccv~'v¢ncc e{)-Tf a;wr feet i propesed. 4 tLIs L....,.Wi west of thT'Vf' litim i and paid !hFough fevenue bonds and all tFaRSfeF ~~yy mrro- uiz=yi~ ~T1Ai . Arlin'+~vthef alw f9f eaeh planning area. Tr The :t. .IA ..:,.ally. install-major roads an c lines o feF Fat stimulate deyelepmeni to oehieve oily wide balaneed- Dente Fs: Tfie grewti► Highways a d Pubs disc iet, t the Chambef A. Th folio uin8-ere-entJ _.`_...pie" of al-e-a- e-trategie. wt:ieh may • be 9sed M.PAt the balanced growth peliey! 11) The Planning -Gity i al .!mee land use 2) The seheei distfiet and he cz,a, 'ma"Ot-'CVRLTRTCCRn.J • • pr ever se as to F@a areas OF eity If MOM • I 3 seiet ss and iti~en groups eta? SeR'e Es-shape - Cel4airi areas- 4)-£c west eef4ain areas sueh as 3. lmed4k4k s y-i s one of the aj, r pelieies of the De aii eq the City. The reel a he City. T,.:s pelf,...: intended all publie r suchost~et neRi . The~fehewingare seine of the related of this decument whieh dent on the sueeessfial implementation of the balance wept. a--- tg an ime-ided to eee publie eest b Gh8pteF 111.) b. neimW-deYelopment-pek'.=.-- a self sustained eeomme base, (See Seed... 1 C-hapieF iii. ) []e.w4:ng-p..1' ded to a ,.e diyeFs"tied heijsh3,g A Oil BN89 of the eity. (See Seeiieft G, C' e---. The goal urban eF4ef4*-dw-noflhwest and the anginal dewnt . F. T,e.-r%c'Me;,e nen! of the-iateivit"'j-yvii~icr'i-dependem-on baLuKed'-ffeA ~ (See -See6en-B: Objective 12. CGwArRnhically Ratan CeB Gro~th, DeYelgpmEnt s"Td takF'owiti alt areas of the'cir~ tit` p~ootefficleat tge dill:~s" y[d lces h6astructute as, well as proVzSiOn of city a"Fly 76. • • Policy 12. 1. The development of the northwest mayor activity area com,parabld to that or the southern major, activity area wrU bet pr6moted;a Supported: Policy 12.2. Public funds or -*forts should be expended toward supporting growth that responds to the developmenni' lcies and land use pattern i6 ;thl3 plan. Policy 12:3: It is recognized that in order to'promote planned growth, iE tnay,be necessary in some cases to direct public funding for utilitiesroods and other infrastructure'to' lead' development. Policy 12,4. Implementation should be a coordinated program that Includes all growth determinants" such as' ut ity t:xtensto'a rpad consttuetiotl public comet ltyry•tadiliry dcVel ptSten:, ruarkt`ting ate"ectnon%tc development Incentives: Policy 12.5. Emphasis should be given to, work out creative: mplerdcntat16d techniques to aehievG the goal within what,iS practical Uttdtr spi ctfio circumstances Developments oeEurfing more than half a mile em a istin8 reads; higheF publie io-mineerperete^-~x~ ~.~a development witfiin elose proximity to existing public in€rastr~teteres and eemm"arxk ".0111 t cTii L liee, Aa and . ;9 this way the E,...'Y.. balanced -gre A4h polio e€ this pk+e: Thee erica UFage phy5ies! development within a half mile limit 4em the exisii Ian. Theban mile limit i~ LV` eliminate all • limit. pgbl*e cost Aaf develepnwen! outside the half mile There Mng Palky examples have been designed to give nineenEWe-to develepeFS-FAr-deV . lpmen! within the half mile limit; 1. Roads developef may not be Fequired • • to 1 pay--f0F6~-Site--rA- ;q. 11-A read is to be left as is until develeped-bye she City adjacent land_ v.,.. .~arvi. The implemeatmien pr t_. canti-ian~ 17. i q l • A Subdivision and Land - 1.. yf\p l.~lf mde lifnieT the deveiO ep will be Fequired to pa) b--yt[ZIQ{`•de the V1G1iG lG Elie gener:Tted- 74 -iHanf fequired, 4&ffA reads hie fe--fi C~~ (of eon5imeiien -of y -r--~}tE4E3e5 8-~Thc-ci's :11 :A seive ail areas of the City as de ^ed by the City Utili Masw Plan. b:--l . seweF lif125- F0Rt-e3F. . limit, evefsize costs depending on the va• lklabi.ity--ef funds. The deyeleper ma), also benefit 'em pro fate feimbilFsemeat-fef ,i e€ i tie on. d. POF aFeas tsi le the half •le devel9peF • =:r4ni4=RGrty Iki efsi ines as and when developments Eie 3. Fxemptiefts h4rr-Este i developments-art ; ereage lets be requirement's -iH--the {ttEttfe. • Objective 13. Compact Growth. Policy 13.1. The city may develop,an utl"Ell policy that would detail gnder.wml A roads"'andto c imumstances and by how much the city would tmpcove V utilities at the city's cost for areas within the Wilt°u"p area irf,b nto a p A that are not developed, nr,underdevelI'M' compares to,whaf~ Planned on the concept Map; Policy 13.2. All new development should bear its,roughly proppttiotiate stia.@ of • • the cost of new pi,blic facilities needed to adequately serve'rhp new development, except for 'deMopment that'gbalifies for economic development or is infill developrrient aS`,detined by a policy to be developed ftom policy ,l3.li' r a- Coxr~censerVaEi6t1 li a' fA •ourees-in Enaking. Detailed - lie'e- are to b r- a f A-te-eneeufage the - r gft5.-4 leA" Objective 14, onset•_v„4 ion. Conserving energy, and nataral'resourcts i'n land ilse dec sioa snaking is anob*tkV Policy 14.1. Detailed policies are to be developed to'encDUrage.the wnser6flo j of water, electricity and natural las.4 Policy 14.2. Development should promote the conservatiOr►, of, good agiicufrura7 land, greenbelts and open spaces:" A_ Ve of •t .S.J7feme!p develeprncrrr -designated Pianning arid me designating a (bile wing: SidentW HeighbeFho 5, hisle-We 1-A. hefkage-sires related rtmvn c naparal s2seumes. to the I-- An area ttY wit }rrieeds sPec~al treatment for urban design end beau.'!' ..On sueh as entfanee way • 0 • and the dowmewn-arrea, iraff kitie 13E' fries . • • develeprrtea"n aecordanee ~•°0,zt4an- Speeifr emifftnista"ees. a, To Bever an individualPrepefty or-greup of properties s as to eerif er special 1. 1111out substantial ben te•tlie City es a whole. b. To vielate the iniensky area polieies. e. Te eefiffiet with any of t.1-e leng Or Short Win ves an .evelepment Plan of etheHlla~ polieies-o€-the Dente" Okhe-CiEy SPECIFIC AREA OBJECTIVES AND POLICIES objective 15. Designation of a Specific Area. Specific afea'policies are intendeii to provide a framework to promote development in a designated airC that requires; special treattneni in view of its currznt5pmb[ems or iii unique locatlon &rd character Policy 15.1. Specific areas may be designated at any time, by'tbe City:Council od the recommendation of the Planning and Zoning &Mrn'issiotta Policy 15.2. In 'designating a 4tcific area, consideration'sbou3d be givep fo,th6 following: a. An area that, bas a demanstrated,' need =Ffor special protection, preservation'or ioaseryation a lttcludirrg bu# not limited toy teSrdential! neighbdthoods; hitto landmarkssites 0 „valuable" arcbriectnal heritages ,slt related to the cgi±§ervaiiori of„tsaturafces b. An area syith a picirbiaeot l6Eatio t is the" City th2t t1e • i pedal ea estt fot urban de lgn ahd bbatttificattyo tt~h as entrance sways gild the'doiVritbsyd'airca{' < , ~ c. An area that hata special pinbiertt"relatirw but tot IW1 1 d to traffic, noise, pollution; utilities,; ® An area :chat requires,„specs lap0l3ggi tn;osder~1a ~ • • i0,ce1Crate its devtlopinent it4 "ii, M with this p1aa. Policy 133, Specific area .des ignatioa;shill it"otnbd Applied'in tlu follotYi Preumstancesz I OD. 0 • a. To cover an7ndividual properr~'or group'of propertiCS St as to confer sj4ial ,benefits; to the ~owncrs wIth6yt substantial benefits,tothC City'as 8 whole; b. To violate the intensity, area"polxles' c. To conflict with any of the ldna or short'teint objechyes, and policies of the Denton Development Flair or other master plan§ of the'Cit" B-Re-Munknal AlFue t#?a M°tm 3-5 Ghfistal Read. R**Fe" more cleafly sed for he parpeses of hfistal R©a6-etT ,-t ;e *1 35N and 13SWJ an ibe e°m-, F ;-2449-oi t seuth and the propesed Loop 298 en dw-Res"ide- TAdminisiratien the Denten M "4 wp Air., APA the 3SW-eprriders. Aeihvn 85 te318, 318,498 4AFA Q& ffi .300 in by the ) eaf-2043!- 2-. 5e and iniem I Plan idg-R19fies lb T in the -Pku --ere-trot d- o _ aetiwties;-with ne limit given to land use . special eats intend .4-pfiffl*ftjy~ density-hottsi" are ' Q- assee eneettre • comp"' 3;---Sfeei!'~e-Policies a---;;.eFeughfares O T#~e Rlan eertsi~er O • Airport Area ant}4dcet&ied.the ff mej*m neris}s fer-AdWed veegme*"-Ae-ieng-f Plan assigned the highest 1 ml. C • • UL+y4~ -M Reereatien. i?bjeetive 16 ni Munklpal Airpgrt Mi, O AW ytiy Anew is a~iswn o chp CarscGpl Aiap' and i~ intent M' pr marl y tealp4,asiae tfte e tabltahr~it{At , tied tlsea~otntnerCial hl~ll'~ad~'t~si iri3ustrial eco~omle 'ba~c. ° In coi~orint~y~mth't laeid housing Grey encouraged l ri so to "bA a ate" use compatj' lltt}s gulfie ix s sgt atitU im Airj~zt, ~SCet P~ P6licy 16.I s I and Use bevelop nt'~tourid i tte RunWay~ Indus rjaaicdt rrtr`rei ` type: land use's tna~ ~eciacatedto Gave cnttta~'es~,c~t~ t'~e~ p , art6nats and eat6accesA tree rinWay'"`Re tozta 7'6e'detatEs retating~bp ~imltec~ ~o stte platu~p~, oo ~igltt~ bgitdtng ° t r a: ,P ~T• ,z Mudictp~E Acs.. policy 16,2: CticttiOtiblq> wr?iept ReS~detx3adeVefop es¢c's " insttut~ot~~" , y~c9'~ic~► ps"'sctio~sls~a'i~ y~tio9ptials ' alto'tJed to ,tt~dtate vic`4ruty p~ p1ad nyCayB eas where~~Pfe~Cast rwise levels baud on the ions iti~gg 8itpart wilt"sec ,bs, ~,ay/~1t~ll #lYCPB$C t b t tit I~dC P, then thejf4teeal?;S$I.dn ar~ theut~~d Id ~ ~ r tts owners stloutd Fslg°~ ~n t<vlg":'mn r, y p aE: alt$sett rl Cot>fp~ain'abotii ttu nail ~oSicy E6.~ ' :'1'he;adaptgd air~tSri la}~aut piat3„~A.L.P~ fo~fa~ro~s`~ i 140- pop ' • TS1SExr A,rtPd tT I A PVT PI- M• i i .J 1 log • 0 fea The- n ofea has be 4tia ified as O~e eent urlHH3fEiikCE9i d ene plu"nTri~c-vfcv-:'~ vcl' d a .s.,...,,. ing distfict mDp a h` entfal 4-------' Distrie! ;nn'_ The Downtown een!er eemid dose its-N,ibf9 new eanifnefeial#etaifeeate sdevele¢-i i5 the-pity-sheeld eef~i Upffa& a.-'- pffes-m,e the downtown center. it is feeeft}met3cled fie gtext, piked-wA-eertef dewmewn.. vcfye as; aclii s for !be pe feff mace of a Dewn!ewR-l@Stef-P! F 1. The City will be respons:U1 eets water' and se,.erfin 9-4e~nwet-O,- e*isttn uses. Pfemote the ex ►et[ed-eses-+nelading- - making and phn fannWetiea fef~e--Bewntei:~2~;,t~r 4. 3 F~end-r imian in the Pfeser i 0 facades. I - p~fejef-£wtrame Ways - • • • THe--nrajef-en n&-pfifnefy`-t>ffer3e4s aEenting Efa , 145 Alesi, 135 Fas&,-U.S, Highway 9? (Old SaageF Read), FM 2164 ray. ~-.•:...__._._...,.a..-.:.:ems «..,w-..:.,~.~- • • I I (U,8. llighway77), Bennie Wee StFeei, U.S. High Way 3?7 (Fen Mlonh Dfive), FM-191(~~-ountfy Club Read), Mayhill Read, ©ak-St~Hk4efy-s4eet- the-F' stbeE32-~HB~iE3' af>tl iSUSFs!ne ' ' guideline9 }.-DffekTfne complianee with stand- -A- --A ding but no! limited Eer a-.- Front aM-setbaeks b-B" ieg~evefage e. Ls Reap fig d----S+g+~sge e. -CuFb cuts F. Off weet pa#iflR g:-9esig~t-and h. Pede.:-._.. - i. Pfen wets of land with emp minu+et+Fx*ss eppeseA to-e ]_~C '.101/7 :Ib~ J~~-3?£ Citti2R{~te$EARttftenfe-ef o~.~°f2 . netwofk-i -that-seeter the a are 1:4e1.,_ eei ` pfe%ufes w.wo locate high to leF . Lillian N4 -By, "ob5off4*ne44-5E- and between 6eep 288 and Lillian Millen Thes" Y-40 iReFeRSO as FM 2181 is dewleped as +e.. ,.,1 .,t.: enl.._nAt3A2ft WtE "tliC p6maty-nftefia4-eixl a a ft,1, $FW-Ai Ft (See County Tfafispen i P' ' -the furthef inEttrsten of high intensity The palic), ef this Plan t1herefefe is to and modefate ;&PA-uses in this afe8 -ighbeft""'i'l^wl^1••II and high density housirt eensistent with the standuds for alm +n42n5-i^t~y-9f2- 8- ifed. O~ ffl0nifefe9-@ft(#-1'49f6tfSlj''s:'AglEffl2tltE`4: I+I+ 1 Restriet t T .le. 1. FM 7101 Lillian Mille and euts to Z i C, 0 • s 3. Resident' hould be gener$lly designed-so-itesses do not We seeess en o local en"olleee be-d:,---- u raged on ;hat penion nonh of the PFOP05ed LOep 288. TbO sfttheas! intent is to preteef~ E1,- ep X88 withouEeffseff 4 with F----- C a ff0µ-~f)tl~2Y@f~ liey -b-'south fnewment &eyeiepments-Meng Eerf6lIBealWf.4- Tbe-felleP. e-fCf0mm2nded-. glees-eft Setnlf3eah~ multi f&nt emearaged-in-Seleoed nodes 5ubjec }et)S 1;- bite ~esrgw-Ee-preteet adjtkeeftt single family `_ousi:g ~eQuir+et$ Bit-eoatfel- 2.--Re5tfie"iqheF etifb e is te minimize the gh ifaffie OR O Hm. Site 4Aing and on ske reu{atfen oftfa€€e.. 3-~nicipation frem-r zoning-greees&- i#er' 'ergipt of NoF9v4exa5 resseres frerrt ereial and- Over ihe years there hoe been malt' S+ngk-f / 4aAe-~VClepm2At-6f-E~25! may o-'• ebjwiyes exd-@elie O O 2. Strict site plaft review AM! be undonakea ie ensufe thr2t land use aatt~seteeHert to "iSting fielghbefiteeds. r ti i l r 3r---l~le 0-1 PaF4ieiPEItiOH Shall be -eaeoufaged-4efr ' and- aw def-ision~ J:4ng--pfeeess Objective 17. The Downtown Area. This Plan supports the redevelopment and revitalization the historic downtown area. Policy 17.1- The Downtown area has been identified as the central major activity center and is shown on the Concept ltfap. Policy 17,2, The City should continue to support public expenditures in an effort to upgrade and preserve the downtown"center. The following policies *',intended to gu+de land use, decision making and serve as guidelines ' for the - performance of a Downtown Mater Plan.; Policy 17.3; Upgrade public infrastructures including streets, water and inner lines to meet the needs of redevelopment and expanslori'of existing urea through use of City funds when` available. Policy 17.4. Promote the expansion and redevelopment of existing buildings fo mixed use, includutg,retail, offices and high density housing, aAO existing single family housing: Policy 17.5. Encourage and support the active participation of the Central Business District Association in land use decision making and plan fottnulation for the Downtov n area. Policy 17.6. Promote and expand facilities for off-street parking: Policy 17.7. Encourage and provide facilities to increase pedestrian access, tr and in the Downtown area. Policy 11.8. Preserve and enhance the historic character of thedowntovtarea4 his elese i few developm y tre~-Be nds. The following speeifie C-' ~p }---The-peky to protect 01d~{ as in this a ea: rte. s i ' R4 z-];,trial ~e~eieprr ~ ea5t is be . ed closC1 Y , will iirflked d e •V'2 to-4ica-ew of Weodrow • Objective 18. East Denton. Protectto enhance alder neighborboodsin this area I an objective, Policy 18.1. Industrial development adjac.ot to this neighborhood to the south'and east is to be monitored closely,' Specifically, industrial development will be limited to the area east of Woodrow i:ana -~sgs'e%gIeF-i eat^"nt44&;i --~c:c}O~rHef1E-l e&f-i -~2f@RGfeek ~lr i fldditierral-reside nE~ 2,500 fee the Wastewatff T • Plant. Reside*+al-developrneet will be gen"'Hy re54.,czed-between 2,500 feet and 4,0W feet frein the Plant. The afett within 2,5W feet ef the WnsiewateF 'r-0--ent Plant will be titHized fe ifidtiAuial-~ , that2eu d •••Z.iilize the effluenf.-. the-Pla[3E,aS C991iRg W8t@F eF OtheF PFOCt~ atefi Objective 19. Development Near the Pecan `Creek Wastevrater Trea a n' Protect the site's long term viability 15 an objectives Policy 19.1. Additional residential development will not be zoned withia 2,500 feet of the Wastewater Treatment Plant. Policy 19.2. The area witbin 2,5110 feet of the Wastewater Treatment Plant should be used for industrial purposes. `preferably Industries that could utilizg the effluent' from the Plant is cooling water or :ether, proeesses requiring'.ower quality water. Nor -beewtF£l -Street ~ 4~@r2a-bCkv: i -A ci... c.....,.e 11r%`- to University-Driv"gwa' pfe52f4-~[r6rr. T~ -..1'.. ^i gh;; MAR ii~i~, ~fv Pre$e'r ati, a SIiG •he a 6i•ehkeetural charaetetef4his-neighbefheod- e Objective 20. North Locust/North Elm SttreT t;OUth of Qrr Str'ee"t'Itt:lagseelc to preserve this etea'S iraditinttd single famii•y ciura~terl Policy 20.1. It is desirable to promote the presec}ition ,o! the aechiteetdral _ ..Wa i -10 1 • • I Lharecter of this neighborhood, a K-9alt-Re# HiCIED)rHeo r Vie-0a{F-likkefy444terie Distfici includes all ef th_- Weil On *-'-a ROM Side e€AekStFeel Rem 610 Af. Oak, west to !he efs Streets;-4he south skk-met -&Feei Ifefti 609 W. k to the interseetio e€-West-0a'c and ekh,Streeter-side a€~=iekefy Stromfront the ifN@r5ee 3n eF ##iFkerj and-11e1e' •~L ^ of `licleefy-an Wikiarns-SHeets- h i' f Denten Street ffem the- W Denten and 0A Stfeets .,....e ,e~„• the entett and h side of Pearl-&r eet Ffem 60? Pearl west to the Lien e€ Peed and4)eatert-St ets .x..~ The n if t L". a TTFd:^,:^^.ve ar existing -ift this area- T __Z_l'lJG' ' standards and policies regardnw, -extr'iag-4nd-- epesed ~ev~rrvrm to Immmm pmientss-iii-&he-iiiSEOfte--PE25'2`fi'atien-Plan-B -Ity-afB-te-W strengelfenl'ereed- Objective 21. : 0 -Ilicko-y Historic Districts The Plan seeks, to preserve the distinctive a hitectural and cultural heritage existing in this area. Pal icy 21.1. The architectural standards and policies, regarding existing and proposed developments in the Historic Preservation Plan and the historic landmark ordinance of the City are to be strongly enforced. L. 8r nbeh Area. The 100 year F ' } :ntlat~!_@n a watef e.,e °'Inlilar-&- cif:-i-jartsdietions -ef -,Erie. regifi3"y--cowel5-el•-d2Ye1epmefit- widhiti the 100 - .in-arm • narAa{ed-by fedeml law to .aeds. Federal egeneies•provicle iffif yref pie'tn Ari ejteet~t of such n Fnap is F -w xPlaWfig !be een-dre-mental sensitivity of and z ~stabli5hed an erCri34e r2gNlaf9ry fF@rHC ® 1E+r1g Steriding--A--few- exma lCS e€ this ai,: tneluded-in the G eenbelt Rtsetifee-13ook-available in the PlanpAng and Development Department. pertant teereetiettel ePPo~~lf~rlE ends _ ~.>mesmcsm~~ • • _ t C. eonlA be teem Maintenanee-and-e be flood plain is e least Cos! solution (a, fi- sses the \T[l - US. -VHia-aTRI SS isiTVr GG A fTVSL 0WFGT4VE- it/uei ef the 100 year fleed p;aifk eugbt to be use VdZTL as greenbelts be-eause! 1\ Flood .hafts ~ fire the most hazofdeus-~~, 2) Nlany-iawa~-~ 3 within flood plains. sueh as wetlan& and 13afdiV06~-{Arest he •:fy `eiM Watef FUneff, and mit*te against-seditnentatien and svs[civsav , 3}--i+~atufal-#lvod-piarrn-ar , 4) Reed plains are etir eseufm 5) Mast Of eUF pfesent e ad--alter ri i;nin and -aptared-within bodies inside .11 Mid the M'&18F the-{boed--plain; state provide the fnest - ` 6) ef~iisef~ar ti. tleeemplish'ngthis geal =:1+ pub}ie incentives peblie aequisitien-and use ef-some-of4k' ' ^~~;,n st=n~bis reseuree, 'lion by real e5we market ferees of the amenity value -dangers-ifflherentin Fbe#loeF~ plain EgW4C4 &S o };I, 1r~-i y@2--~-12api4r-'lid ~v2B{IE1tl- Parks and D " 6ofirr-G7 i (tf""z;cr aE--Fark9 Al. L. 1. The ^eeft-ntini y;-Rnd 4afge should tie into a greenbel! puk an i reereatle t system irrtA e4eag flood Plains. Efflphasis-~~Plaeed ol ark -land sequisitien ® w4hin andfOr CeHEtgaO a Eke 769& p:airi o b 8'l~ ESE ;rxc:,wa-pr„rn--;5-95-a-gf"_^ 9-iftflH active- fit ef- he•-.it65t e • eevro• habita6,-4fiiiWtW etailed analysis of the ~;m,ental .a p4;4i9lllAF :Wing h {y-regulated ' ed-by--regulmiens } ~-3----nui;aing metion and filling ef the area between the ' y a the limi~5-e' Reed p;ain (the floo&f4aig4fingeYwiR+e-aHowed-A4'efe enyif nnienial degradatim is slight, the existing eharoeteF of Owe l l OF a enhetjeed- } V. L. 6. Use ef the fleed i,►€riage-es-a-n i geed €er nFe :,"1.te Find feF w `ish p! whefe r --u-T' -cR' •vr-cimi :"rzci*r8iiett t re250r:ne ii available ef ~,ri2ic-ii Btion fef exi5Hng-'9e ding and- wa.er quality-itnprevefftef - -Reta_44n4h6F-.naitiFal lands v>ng Ya}ue far-watef s~aec~reei:eatioRSF-efunities: tv-. 19 Wi*r*M5*r-plBn5'-E0 pirk-s: ed -~y "4rry- µerietjen5--fr j IlRqP and submitted to a~~rel}a3t2 afTLl ~ and C6f~rnenF in cont. 1 erosion, the fnes"esifeble drainage design appr,eBeb ii5- .U_ Fu stfeafn Eharanl: }vr,- } The ..reenl3el • O O R Watef- Act. t MGM • • INK F fleedway. f we A rive"ra;m ef ether wmeteeme and the e barge %.rfaee .atiett fete mana A-axb*-at2t~-iiEigilt A n. - L& An effieial City plan is erJ), as good as its - v-----CJ-i~a1G SVTIV~ iw4getnenwioni fie-BeFtE 4---&tt+7en Panic ipatiea ....Y•e.elflent 05 WeTt' 05 ifspUt elf all land use deeisiens made by t le-various ciV departments, boards, and flie City • feclo tom loss .,.Pilhbefheed self help However, individual nea iahb.,..-r-- fe ep'} „ne ,a the eity as :)tale:--Bivem wit#rsAjseent fleig ~erhoe s share faeilities and City wide isave9 • hile _AA.'--- .L a irrtfne~i hborhood _a. .a f,.u_... y rie ghbe;if e~-d55effi.39flS` • d-::~;ghb0r~ # bo heed NeL esW neighbefheodjVeep~ s o a On a eeritifluiRg basis, the---- fisso 101-le-6 relating but net ii-miled- 4e tyre feiiewingt 4}-44etN+io ~ Ox C • WAlk ♦ 2C-find fife-preRT en a Ajse-= needs {o ices }Fliirr er eti~e unit (i.e. ,1riMktfrai-; 5) & ablish . e energy sueh eF-E,r-~a~-ge6EFrzg FaieaE peeks eke: 6) Assess inali~inede4faf5penetion-pee'.s and "He"Ities ne l betwe. (OF selection e • 1 Nbli. 17Aueftfio yypp YEV~vufage-cigzeki5 The therefe lo-4hat-€AU -and es#u ierret-Er1e pub1l;e is eleu 1 r..,..1. mffA°tion 7010 General !'10 Q..1...A..1 Ole- ill be created as th pfiefify support gfam will 1-FleOr'~6f@ke~'~'~c~-yi'ra" S ..1"A..• and community sentioes an ieies 1 basis of th . pert.- :r akabie-~tier wr -,.eker, s.;l+er, sFreeES, sue` elks. - eerb, drair~age - • O • fife, police, library, Ln ethef' wh r,:alr &Hfinee-ate 9peralion. NY as a- Sent 'ro o@*`m2 - - A t ' definifie r ---A- 4r- 2-- tIJG^d 1^~. IOaaT The }8-g2Ref8 SEE'-iV tt"tf @"B2ilE6H Development p;an eveFy five yeam. inte" App to the-De This append"' is 'a-be beandeFies of Qhe k nsiTtT. areas. r-.._... the Plamning and Zoning Commissien, an areas, five plaming the Land Usc-- approved and updated by the naing and Zening Commissieft Difeetef for P pfepafing On-! updating the intefl5it 1... Iali ...e fee nn1 Of t}t2-R1A~ef w A " i `ppendt?, A. e. integrated De&ienr-Ma" it intended that the City Gefofnis, 13Defdg, City staff . Denton will ineeFpeFaee the ofrNs plan in the deeWien fltalEing pfeeesscs i3te 'trg and lath seirisien and pefks anU t~ti!+ty-panning- .e[e Bien makers, City ~taff, priyat-e O developnteft4-411tef ie4intmst groups it Wefk-tewafd~nc-eens "test, .::,1.1 a naW epplseat e-pe}ieies'ef-EHis'platt' e- Upd ling Gede5 , inipreNe, aHd-epdate-lhe o (0 m`e'n" Ee esttftent ~.oiriing-reel property Yalues he Gity a • • e whets-fie fe1jewinggkikk4ines-er r additional fequireme ts Faf a speeifR~~ vi-rvF-a peeifie4eeal fya6o r-ami oFea, e.g. landseapi existing U5- righ's these shall not fie 2) ,1% ajor polieies, eedes-b.. ec eta allowed efeFe fifty attempt is made is an example of a poFieies muy-e € `~te~ey e+vners en& evide (of 9v...a....., serve as a 1-1 fn: effeft: [3:-b'~Aa': -Rreee~xe (Zening Suhdi Wens; ete-) The staff Fepeft-ma}} C- twwiYPietuing-end Zening~at~anissies der-kion itefns shai}c~ear~y-relate altefnatty e plan. repriaw pelieies in the a.. 'ie:rii`R n the plan, thew r ,VV. ..115_ z)--The staff -r$-reqk}3ccaw-arc3s-n-iioair•c_ r-.._y _U---- and--pwerA t ` • 27-z-rn-c.~y-4C-eNniirwill 'znmitc-Final -rrne'n'-vra- • • - r ~s a • • r e t r~d+r sr-m !en made ffopesed- ##3RgC is feFwarf4ed--to---1 c-n i, -:--um~'mdzZORI**b C~ntF£,iiSiOn-fAF-ttS-feVl2K-@ C~uric~ 2----?'earty~-Felie~-Re~4doption efit of C~xttrtissiorr Rges~da far t rea ston ___d Zoning f5-f2'~t}i£2E~'f9-f9riV@(d-$'FC'fAR1H3ffld$t3f.,, the City r , eii M ~t©ber: b. The--CiV:11-2ff2pt- the Planning and ZOIKAg dY the pelie'es and a" faf . t#te flan aspeliey dae 3. General Rv!k-y-€or-tvSajar-date a:-i3€?date-de€ret~F~ot+' ~}-Pc~palattetrl~rewth 21` I xi Mere eoie~n a rid fer-general update) b. Fhe-lireerss-fey updAng-tht-plan will be ~etettnined daring its aneual-evak4"--1- Objective 22. Implementation Policies and Guidelines. Promote the positive and consistent imp!ementation of the Dei,ton Development Plan as the official deveiopment policies of the City of Denton, Policy 22.1. Citizen Participation. Provide ott-going neighborhood and business • involvement as well as input of ail citizens into I3nd we decisions made by the various city, departments, boards, and the City Council, In addition to the formal city ,A ide study'committees, it Is also recognized that continuing loW neighborhood (residential and commercial) self-help ' associations" are important ; for the , • continued maintenance of viable neighborhoods However; g • individual neighborhood problems are often iniertwined.wuh adjacent 'neighborhoods and 'the city "ask whole.' -Divers.', sections"of the community 'need 46 share in common factlit~'s and rautual problems. 140. • Policy 22.2. To consider City-wide issues' while addressing itnmedute local neighborhood needs, the fol!owing process may be used: a. Neighborhoods define themselvesand establish neighborhood associations; b. Neighborhoods cluster themselves into communities anti establish associations made up of representatives of the neighborhood groups. on a continuing basis, these associations could address issues of mutual concern. Policy 22.3. Neighborhood and business associations would provide a catalyst for neighborhood improvements, a means for ensuring dialogue between j neighborhoods and City decision makers, and a source for selecdon j of future City cross-sectional study committees. ! Policy 22.4. Support for on-going land use studies and education of the public coweming land use issues should be reCected in budget and policy decisions of the City Council. Policy 22.5. The city's capital improvement plan should be consistent with and implement the policies of this Plan. Policy 22.6. Integrated Decision Making. It is intended that the City Council; Boards, Corranissions, City staff and the citizens of Denton Will incorporate the policies of this plan in the decision' makiag'processes incl,iding the capital improvement, program, budget formulation zoning and land subdivision, and parks and utility plann!ng? Policy 22.7. It is also intended that decision makers, City staff, 'prlvate development uitprest_c, citi+xns and public interest groups will *or towards the consttem, equitable and coordinated applications an adminislratior of U;e policies of this plan; Policy 22.8. 'i'he City will continue to monitor, improte, and undate the policies • of this pI,,-, and the codes and ordinances vhkh support s It implementation: Policy 22.9. Adequate consideration shall be'gWen to preseiye'^ pbsitive;cltrrta'F- for investment and securing I real property values baian~U;ta+i~li° rl e public interest for the City s;.'a' whole. The` following shbttlc~ bra • followed: O O 1) Major changes that;affect the existing us rtghts`of rea"I ,-lot property may b6 subject;to agrandfather clau,e 41 property 'owners h , reasonable ; Mite to ;catty ; o /78. Maio • • development in accordance with existing policies. ! Major cliaages in the context of this policy ;shall not includ supportive codes and ordinances that may set new ar additional i~tiutiments for a specific type of developme or for a specific local area; e.g. tree preservation aril landscaping requirements would not materially; affect existing use rights. Therefore, these shall not ; be considered major changes. 2) Major policies in this plait should be, experienced before any attempt is made to change them stibstantially! Policy 22.10. - Staff's report on applicable Cir;- Council and Planning and Zonin& Commission decision "items shall clearly relate applicable' policy "sodated wick 3 land use decision. Policy 23:11. Update Procedures: A. If a decision indicates a corresponding policy change U required in the plan, then the staff is required to'draft modified policy change and present it to the Planning 21i' Zoning Commission and the City Council wit! make fu review of a potential policy change and incorporate"said change in the plan B. A Planning and Zoning Commissioner Pr City.Council Member any other parson may present a proposed pol° change whether a pending or.recent Land Use;declsibii has been made. The proposed change is,forwarded to 'O Planning and Zoning Commission for its review ana recommendation to the City Council; C. Yearly Policy Re-Adoption. ,In July the entire'plan ,H placed on the Planning and Zoning Commission Agea for recommended minot modificationor re adopfioay After study, the Planning and Zoning Commisstbri' • required to forward a recommendadoit to the Ctty C ;urne it its second meeting in October, he ,City. WHI i accept the Planning' and Zotutng Cortvnl,s recommendation or modify the poltctetiirtd adopt the p as a policy document r? or the,upcoineat, • D. General Policy for Major Update.. i ~ O • This plan is to bb'updaied'apptgkatatety;every f rl't t6 years., , • r • r, , hey}ip~aCe:}9„dendeC~ upon ?}Popual~p»V 2}SxCent Of attSCp~mepts,~ dvddg ~r a~ yep ~mdre amat~di eglS 'tr eaf for g pi3am o;; tt he'i ~s~s~~foc""bpdaiingr Che plan ~will~ bo detL M ring tsar at iwuatiora AXXOOC2B ih w • • r ATTACHMENT 5 INTENSITY AREAS -Primarily for residential uses -Accommodates 60 trips per acre Low -Single family- up to 6 units per acre -Multi family- up to 7.5 units per acre -Industrial-10,000 sq. ft. per acre -Offices- 4,000 sq, ft. per acre -Commercial/ retail-1000 sf. ft. per acre -Intended for mixed uses -Accommodates 350 trips per acre Moderate -Single family -Multifamily -Offices -Industrial uses - Commercial/retail- 6,833 sq. ft. per acre - Intended for higher intensity uses - Accommodates 650 trips per acre High - Multifamily - offices - Industrial uses CommerciaUretail • • • • i i ~Vannrrrr.r+",~4 • • r Agenda Nd. -O /X Agenda Item-[~)5- Date. t~1 S- 7 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: R. E. Nelson, Executive Director of Utilities DATE: March 25, 1997 SUBJECT: HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION ON THE PROPOSED INFRASTRUCTURE INFILL POLICY RECOMMENDATION: Provide direction to staff concerning the Infill. Policy. SUMMARY: Staff last presented this item to City Council on October 22, 1996 (Exhibit A). City Council requested staff to research this item further and bring it back to City Council for discussion. I Exhibit B is the material that will be presented at the City Council workshop. It contains some material presented at the October 22, 1996 meeting. We have expanded it to include the additional information that you requested. We have included excerpts from the Local Government Code for Public Improvement Districts (Exhibit C) and Assessment Programs (Exhibit D). The Public Utilities Board (PUB) has recommended that the proposed Infill Policy not be adopted. BACKGROUND: Owners of residential and commercial properties have approached the Utility Department over • the years requesting that the city extend water and sewer lines to their properties located within the city limits which presently are not served. The staff, along with the PUB and City Council, have been working on an "Infill" Policy that balances the needs of those citizens who do not have city utilities with needs of our present ratepayers. I 1 c • • CITY COUNCIL REPORT 1NFILL POLICY - March 25, 1997 Page 2 The primary reason that there are unserved areas within the city is due to Denton's development policies and annexations of existing homes, businesses and properties. A major aspect of the utility sections of the city's development policies is to promote compact growth in the city. This is accomplished by requiring property owners and developers to extend the utility lines from the nearest existing water or sewer line to and across their property, which then enables the next adjac,.nt property owner to extend the lines across their property. However, when the city annexes property which does not have water and sewer lines, home owners, businesses and property owners have an expectation that utilities will be extended by the city. The "Infill" Policy is targeted to those areas within the core or developed areas of the City (like the Meadows and 1.35E area) which are likely to develop or where residential customers have been in the city for many years but have not had city water and their existing supplies are failing. The policy, proposed by the staff' is designed to accomplish compact growth for commercial prospects. However, the majority of our residential prospects are ortside the cure areas of the City. Extensions to them would not necessarily, promote compact growth. The proposed policy is a deviation from our policy which is that the developer/landowner pay the cost to extend water and sewer lines. The other exceptions are for Development Plan Lines (economic development) and extensions to individual single-family residences. The City pays all the off site cost for Development Plan Lines and 40% of the cost for extensions to single family residences. Over the years the City Council and the PUB have looked at and evaluated many key issues concerning the proposed policy. The staff is proposing that the utility fund the program with surplus Development Plan Line money. Due to State law, the city can only fund projects that promote public health, public safety, economic development or services for economically depressed areas. This is not a problem for commercial sites but may be a problem for residential sites. Under the proposal the city will fund projects on a first come, first served basis. The City will upfront the cost for residential projects, with the residential customer paying 25% of the cost. The City is still discussing the percentage participation. A payment plan over a five to 10-year period is being evaluated. For citizens who do not participate upfront, they will pay the same fees when they connect later. For commercial sites, the city will reimburse after the project is completed, similar to the Development Plan Line and oversize participation programs. The participation will be limited to 30% of the project cost unless the city develops an Economic • Development Ordinance, as outlined in Section 380 of the Local Government Code Finally, the PUB is not recommending adoption of the proposed policy. They had a problem with the equity, issue between the present ratepayers and the benefits that would be given to the Infill citizens. The city's present ratepayers paid the entire cost for the water and sewer facilities for their properties while the °Infill" ratepayer would get similar facilities at a much reduced cost • and spreading the cost to the exiting ratepayer, i.e. the present ratepayer would have to subsidize the"Infill" ratepayer. The second concern is the legal limitations under State law to use public • . • • CITY COUNCIL REPORT INFILL POLICY - March 25, 1997 Page 3 funds for this purpose. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton and Denton Municipal Utilities FISCAL hiIPACT: The proposed policy would be limited to a maximum of $250,000 per year for both the Water and Wastewater Departments. Respectfully submitted, 4? 4e/~Z: r7v~ R. E. Nelson, Executive Director of Utilities Prepared by: L Orr ]ill ordan, Int m Director of Water/Wastewater Engineering and Field Operations Exhibits: A. October 22, 1996 Agenda Item B. Workshop Presentation C. Local Government Code Excerpts - PID • D.. Local Government Code Excerpts - Assessments r 3 • • EXHIBIT A • 1 Opp i • --.,-ter"' . I • • October 22, 1996 CITY COUNCIL AGENDA ITEM - r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted Benavides, City Manager SUBJECT: HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION ON THE PROPOSED INFRASTRUCTURE INFILL POLICY RECOMMENDATION: Provide direction to the staff concerning the Infill Policy. SUMMARY: The Public Utilities Board and the staff have attempted to develop a policy that would provide infrastructure extension into areas interior to the water and wastewater service area that do not have city water and wastewater service (infill). The Board has reviewed various options and approaches only to find a multitude of problems associated with each approach. The Board's primary concerns with the development of a workable infill policy involves: 1) the basic concept of utilizing existing rate payers monies to fund infrastructure extensions for those citizens that have chosen to move or to build their homes remote from existing water and sewer facilities and 2) the legal limitations under state law to use public funds for the extension of infrastructure for the benefit of private parties. The Public Utilities Board reviewed and discussed the proposed infill policy concepts at various meetings over the past year. Included in Exhibit it are pertinent issues involving the infill policy development. The Board members could not agree with all of the policy provisions and/or the concepts as presented in Exhibit 1. They did recognize that the infill policy concepts represented the staffs best efforts to develop a workable policy under the constraints of state law. • The Public Utilities Board voted to present proposed infill policy to Council, but recommend against approval of the policy.. PROGRAI•VDEPARTMENT OR GROUPS AFFECTED: Citizens of Denton, City of Denton, Water and Wastewater Operations I Apo 1;M11 III • • Page 2 FISCAL IMPACT: The fiscal impact of the proposed infrastructure infill policy is limited to not more than 5150,000 per year in water and $250,000 per year in wastewater. The funding level identified by the Development Plan lines represents approximately 1.671o rate impact in water and 2.5% rate impact in wastewater. Respectfully submitted, Ted Benavides, City Manager Pr ared by Howard Martin, Dir r Environmental Operations Approved by, R. E. Nelson Executive Director of Utilities i r1 1. Eehibit L Propose) Infill Policy Outline A. 111611 Policy Issues File hr%vyf pu6CC1nfi196.S10 ITEM 10 August 19, 1996 PUBLIC UTILITIES HOARD AGENDA ITEM TO: CHAMMAN AND INU BERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. Nelsoa, Esecadve Director or uades SUBJECT: HOLD A DISCUSSION AND CONSIDER APPROVAL OF THE INFRASTRUCTURE INFML POLICY CONCEPTS RECOMMENDATION: Provide direccoa to the suff cooceming the Iaft11 Policy. SUMMARY: At the June 7.19% meeting of the Public Utilities Bond, the staff with anislesnee from the City Attorney Ps YKW the Bead with cLriSatiaa an seven! key lap! is tom eewslpng from the proposed lafiwstrsscltae law Policy. The Primary imm dis umed at this tneetirtg addraad the kpl* of the finding mechanisms vlawed under sate haw and the oooditwit a under which infitsstructu t: may be extended mto an arc. The stag with wuUma fiom the City Attorney, hu revised the MW policy ootimpts. The 1 proposed inkll policy aooommodsle the kh roctue eomsion wetted with the finding cosutisinu of state law. The proposed policy oooapts an included in Falsibit A. PROGRAMMUARTPQNT OR GROUPS AFR melt: Citisens of Denton. City of Da>!oq Want, and Wutewater Operatiow FISCAL SAM The haul impact of the MVosed rafi*wucwm mall policy is limited to not tore dm $250,000 per year in water tied $250,000 per yea in waawwater. The fen tg kvel idastified by the Dwelopment Plm lines sePresaam Rweximiskly 1:67% me impact in wwtar and 2.5% rde impaq in wutma m. ReR)wdWly i R.E. Nebas, Executive Director Prepared by, Depau netst of Public Utilities i Howard Mutin, Director • • Environmental Operations Exhibit 1: Pevised Draft Or Infill Policy Concepts i FILE C'%?SI PUBAGENIAINFlLW i a 7 EE >C V4,p%g-T- p • 0 PROPOSED INFILL POLICY OUTLINE The primary purpose and benefit of the infill policy is to promote compact growth in the City of Denton. Options to utilize public funding for infiil projects is limited by state law and must promote one or more of the following areas: public health public safety economic development services for economically depressed areas Funding utilized for the infill projects will be established from the unused Wfi'asOx-t re financing (Development Plan Line) monies. Funding allocation would be established al the end of the final year and reserved specifically for infill projects in the subsequent year. Ink"tn'cttae Extension (Development Plan Litz) reeve would 1o be utilized to fund infill projects. RESIDENTIAL DWELL PROJEM Existing residents living inside the City limits of Denton. Exteariona of infrastructure required to protect public health, teety, and/or provide services to economically depressed areas. • Projects are fimded on a first come, first serve buds. Requires a majority participation from customer base receiving service. City pays for Mla improvements. o Customers reimburse the City for 25% of total project c fists. • If the customer's 25% share of the total project exceeds 94% of the estimated cost of on-site improvements, then infrastructure is no extended to the area. 4 • • Define on-site versus off-site improvements. Customer levicd a~,ussments follow provisions oulliped in Section 402.061-402.015 (Texas Local Government Code) Non-voluntary progam Establishes a mechaaic hen on the property Provides for Repayment Program options • A connection fee will be established for those citizens that do ant participate within project limits (citizen share of project cosbinu uber of citizens receiving the improvements). f COMMRCIAL WML PROJECTS -1 Projects must be within the City limits of Denton. Nwb must demonstive economic development potential. Nects are interior to Loop 289 and 135. • Staff idend5ed arras, PUB recommended, City council approved • Developer pay I00A of the up front finding. City rdn"r ea 309/. of project coat to the developer after project accepted by City. For funding levels above 30%, and Ecooonk Development Cnunaace will be developed. • Caodidata must meet similar criteria utilized for Development Plan Line funding. ' A wv9ftonnDluny¢nt[n61lPL8 All s y • • i.,i PUBLIC UTQ.ITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UnLmES BOARD FROM: R.E. Nelson, Executive Director of Utilities SUBJECT: HOLD A DISCUSSION ON LEGAL ISSUES AND PROVIDE STAFF DIR wnoN CONCERNP.'G THE INFRASTRUCTURE WFML POLICY RECOMMENDATION: Provide dirxtiw to the staff concerning the Infrastructure Infill Policy. SEM]MtARY: The City staff requested clarification on several key issues concerning the proposed Infrastruc :re MU Policy. The primary issue addressed the legality of the funding and PAYS mechanisms proposed by the policy. The legal opinion addresses specific policy lazes aid is included in Exhibit A. Herb Prouty, City Attorney, will be present to answer questions concerning the legal opinion. PROGRAKIWARTMENT OR GROUPS AFFECTED: Citiuoa of Denton. City of Denton, Water and Wastewater Operations FISCAL EWPACT: Fiscal impact of the Infrastnxttue In[11 Policy unknown at ptes'cot. R.E. Nelson, Executive Director 0 Department of Public Utilities Prepared b~ 0 Howard Martin, Director • 0 Environmental Operations i Exhibit I: Legal Opinion i s /0 E X H1BiT'" 11 • • OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Gerald Cosgrove, Engineering Administrator FROM: Wayne Paul Frank, Assistant City Attorney SUBJECT: City Attorney Opinion No. 96-i0 On Proposed MU Poficy DATE: April 2, 1996 You have requested a legal opinion as to the legality of the proposed "infill policy". The "in6U policy proper provides that the City wi11 pay 75% of the cost for extension to developed residential areas and 25.50549 of the cost for commercial areas. The "infill policy" for commercial operations provides that the commercial entities requesting inlill pay all costs up front with reimhamm nt by other entities as they tie on to the line. The "inf l policy" for reaodeatial customers provides that the City well front all the costs and the residential customers wiU pay back the City punR ant to a payment plan. You have asked us to review the following queatiooa: 1. Is the reduced ooat of the extension considered to be a "gift in violation of the Texas Constitution? 2. Section 402.061 - 402.075 of the Local Government Code snakes provisions for a assessment p program. Do we have to follow this or can we stn whn our 3. Can vve do a payment plan? 4. is there a difference between on-site venue off-site costs? • I. IS THE REDUCED COST OF TEIE EXTENSION CONS1DERID TO BE A "GWr' IN VIOLATION OF THE TEXAS CONSTITUTION? ARTICLE 111, SECTION 52 j Article III, Section 52 of the Texas Constitution • prohibits a municipality from lending its credit O O or granting public money or things of value iu aid of, or to any individual, association or corporatior, whatsoever. The purpose of this provision is to prevent gratuitous application of funds to private use. Section 52 does not invalidate expenditures which incidentally benefit private interest if it is made for the direct accomplishment of a egitimate public purpose. 7 E XRMI'T I 0 0 Gerald Cosgrove, Engineering Administrator April 2, 1996 Brarnria '"n' v Perry 537 S.W.2d 89 (Civ.App.1976). The determination that an expenditure of funds accomplishes a public purpose is within the sound dbaetk&p "V , governing body, subject to judicw review. Op. Atty. Gen. 1990, No. JM-1229. Aitlde Section 52-a creates as ex . caption to the prohibition spinst granting a tttiQ of wtne~l'.fhe lending of credit created by the Texas Constitution. Op.Atty.Oem 1990, No. 1M-1227. 'tis exception allows a City to grant finds which benefits a private inWm provided the Surd 6'Epr economic eieveloprnent And diversification. Section 52-a specifically declatna tbsa Vwda of public money for the development sod diveraiflatioa of the economy of the " for other specified economic development purposes are public purposes. Section 380.001'of me Local Oovemmem Code authorizes the city council to establish a propram for msibg ham sod grant, of public money for local economic development. As a mutt, the infitl policy must ter accomplish a public purpose or provide for economic development. In TexAtty.Oea.Op. LO 94-078, the Attorney General (*AG") discusses whether a mmk4ality may use public finds to pay for the lighting of private streets to this discussion, the AO stales, " • to provide substantially equal services to all citizens of the city,' does not seem In us adequately to state a public purpose Fortunately, the AG aim isnted Tex.Atty.0en.0p. LO 95- Q 072. In LO 95-072, the AG was &A W whether a municipality may use sales tams WVW pursuant to section 48 of article 5190.6. V.T.C.S., to construet sanitary wear linen in an ask&$ residential subdivision. The analysis of this question did not roars on the pnblio parliou Due to the requirements of section 4H of article 5190.6. V.T.C.S., the AO had b 4*00be wbetber the e+pmdit re for the sewer line or developing now or expanded business eaterpri In the theme AO 9101164 ~ • it wems; A Y that the construction of sewer faedtida to a reaidedw subdivialon model promote or develop new or expanded business enterprises, we cannot exclude the pow ift a a Matta of law." Ari~,B The aaswa to your first question which arks whether the infill policy oomdum an impermissible gift pursuant to the Texas Constitution is no an easy one. The infill policy for commercial customers would clearly contribute to ooommic devdopme a, As a recut, the low policy for commercial customers would not be a violation of the Texas Cemdtatilm A residential infill policy that is put in place simply to provide substantially equal services to all citizens of the City Might not adequately state a public purpose related to economic development. As a result, a residential infill policy put in place to provide substantially equal services could constitute a violation of the Texas Constitution. Fommately, other purposes could exist for the A residential infill policy. These other purposes should be examined and included in any ordinance which creates a residential infill policy. In addition, the MU policy should be examined to see if it promotes economic development. If the residential infill policy promotes economic development, economic development or the other public purpose should also be expressed in the S ~Z i • • I Gerald Cosgrove, Engineering Administrator Anvil 2.1996 ordinance as a reason for creating the policy. It should be noted that the determination of whether a public purpose exists is within the discretion of the Council. Any review of this d etermination by the courts would be subject to an abuse of discretion standard. As a [auk a court for the ut>ltlcely to overturn a public purpose finding by the Council provided the public purposes residmti+l iDM policy are well thought out 2- SECRON 40&0:! - 402.075 OF THE LOCAL GOVERNMENT COM MAXIS PROVISIONS FOR AN A38LW43E 1'T PROGRAM. DO WE HAVE TO FOLLOW THIS OR CAN Witt MUCMn OUR PROGRAM I)DTZRBNTLYT STATUTORY AUTHORIZATION AND HONM RULE AUTHORITY Only two provisions of the Texas Local Government code authorise a municipality to assess costs for water and sewer lira, Section 402.061 - 402.075 of the Local OovCnmert Code creates m menment procedure for water and sewer lion similar to the smmonem procedure for creation ofa WftiOus p~ ~ ~ 372 of the Local Oovernmem Code authorixea the Public Improvameot District The Public Improvement District is authorised to kvy an mossomm for such u water and sewer lines. I have farad no other provisions which mudmimea a municipality to levy assessments for wales and mm lines. Although the aty may not have been eapready paged the power to bvy an anewment for wear- and sewer ouhide of 3eetiams 402.061 - 402,075 or through the oeeation of a public IMPOV00211111 Districk it is pond' that the City may have the power to oashW with property owners to obtain the equivalent of m asnament for the ertmaim of water and sower lines At a home tub 0100 the city has the 1411 power of eelf-gavemmenk that is, JIM authoriily to do >bas irgitiattsa+e oot8d have amthorised it 10 do. 216 S.W.2d The city bob to the LepalatM stet for gamy at Pam but only for li3Z (T na 1944 an its S.W-2d 4890 (fee. 1993). The Powers of 60 sty are subject to and tray be limited ooly by its chastets or by the Camtip m or by gen" law. • ~ 323 SM 2d 641 5). If the Lags Wure abooaea to preempt a subject matt- bY the broW powers of the City. it must do so with Wahtsbbk dwity. Dallas Machmts A Conoessiooaires Aaa'n, 852 S.W.2d 469, (Tex 1993). Nothing I have found r would speci6auUy prohibit the City from contrecting with individual the equivalent of an asssm mt ley pears th obtain against the individual. As a result, the sty appears to have the power to contract with individual property owner for the extension of water aid sewer lines and possibly obtain a Gen against the property. , t3 ~ o e Even if each property owner executes it contract for the extension of sewer lines, Section 402.061 - 402.075 may limit the provisions of the contract Section 402.061 - 402,075 sets forth a very `J detailed procedures for levying an assessment for water and sewer lines. Also, several limitations 9 /3 i Gerald COWove, Engineering Administ tutor April 2, 19% aro PLocd upon the City regarding waivable by thregarding such aneats. Some of these limitations might not be ProP~notywa owinvaberleevesbyirhof a conexecutratioctniosfexeauocontractd. No case law etdsti at thli'thtre 1864 what and tilJdf a setting AMMM W Ply ownaa. As a result some risk exists that portions of the contract would be lr.q*K the limitations contained in 402.061. 402.075 are wt followe i 402.065 (c) enables the City to obtain a &K Um upon the property tasealed. If a Smtiml 00num is 020muted with the Property owner.'any lien clued might not be a first Ilan. A Urn mai Would by COMIUM be SUborditMe to any other hens Pecvioasly placed upon the pet". to order to "NUM that the ilea is valid and takes executed by the priority ova subsequent Urns, the r r mrse when ProMq owner should be recorded immedoWy. Section 402.068 Provides a Mu ~ mad ,t~ leverage to obtain ps mew for water or sewer lie enoeosiom Section ry to refuse wata or sewer service until the Assessment. Under contract the City may not have the option of property owner Pays the raittsing pavan. No g,wry "Ohmintim exdIts for the refuel of service based upon the fo PurAraot In • oonvaol, Although City may have this mabority to mli a ni d amwo owed in a CCntraet nothing clarly gives the City the right to reAw service. 7be refusal of srrvioe may subject the City to titillation in order to determine this ba r- ~B b dw wale m sure &Amity of the City m' MAmixe the City to o OUW with 0010mers not barn 1teled yead MW hes, such action t and no cage law mcl ts~ be skim b ~ ~ era of the law bas 611ib tnahe such am tuenmgnt by contras A oottct 1-- P e wpm* do an an w isnlid City' s to ability my t3ad the allleol doe b 6dlttg In comets uitb the UmitWosal SK Borth in will P~>' be dr>~tSif IM impossible ections 402.061-102.073. Awwetet ga10at taidsotlal alalttaus to P1 arI me se t L tGWWA , pis MUM If Probable that Inch nedda dw customers li have Wdemaps by is cue a jadpow is bum in addition, the city rtA& not W4WW of MAtaing savior at provided by 3amieos 402.061 - 402.073. l able to make an aaesamem for water and sewer line *xWA n AWw* City be by contract, ft the may exists O Maessmaxt may be held invalid or may be uncollectibie. such an 3. CAN WE DO A PAYMENT PLAN? An MeMent made pursuant to Sections 402.061 - 402.073 may be paid ova time. Section 402.065 a 2 autborizes the City provide the time ® O ® additioo+ an assessrnent made b the ' runt, and cotdiict c of payment k! over time. Section 372,017 allows a creation Improv men Improvements provide that District could also a paid paid in periodic installments. at aaxssmeots be I 10 0 0 I Gerald Cosgrove, Engineering Administrator April 2. 19% No specific authority exists for allowing an assaameat by contract to be paid over time.-J44 City probably has such authority as a result of its home rule authority. In addition, auegmem by ooatrect to be paid over time would not conflict with Sections 517 ro or Sections 371017. One problem which may exist is the limitation previously diseiuiieQ regarding Article III Section 52 of the Texas Constitution. This provision no only pnetrohfs the gnndng of tuooey In aid of any individual. Article m Section 52 also prevarts the knditts its credit in aid of say iodividuaL The k aft of credit moat aoooowWW7' %4 purpose and be accompanied by controls that mare the use of public a+edit fix i pabplo to be valid. (lp.Atty.Gea. 1990, No. IM- 1229. The lending of credit may Am be valid Ills for txxrsuomie developmmt Tex. Coast, sm III, Sec. 52(a). If an assessment by ooatraof~'Ok over time, a public purpose should be articulated in the ordium creating the aaroa mm by oootraot- In addition, any economic development purposes which may be accomplished by the payer plan should also be adadmed. 4• 19 TfHM A DII►pPLIZI a. BETtit/m omrm vFJ us omsr E com? Section 402.061 through 402.075 does not authorize the City to assess the cost of off-ate l MPOvr atea4. Ia the definition of 'watt! system lraprovaaeats" and 'sewer M18M impfOYem=a" e0lkilned in notion 402062, off-" apptf100a0pM tequbad to OaAet:tube impcoN ensuits to the etistiq system are specifically etehrded. Section 402.062 delless bttai of 11011mvemmW as WcW* i up ores, fiscal fees„ sad other et poesais ladda t lo the 000011COM of iegtrovaeseets to the awJer m W impeewenseeW tend "sower Bynum kVmv"=W Seadco 402.064 (b) authorities a man*** to assess &a Maud of improvameat>r''phase the batratAM I psopaty. Siaoe the detdoitioo of cat of Emprovemaeb does not ioalade addle imp wmnmb and off-site imptovmot cts an speci8ally ezorWW hooLthe defloitioa of awgar aya" improt~maotr' and "awes system improvause s', Seodoos. - 1 402.075 does no aathaim as aase~umcot for od♦he laopsenromeata. This lisaWdaa an taaenmaot pursued to Sections 402061 •402.073 would probably also apply to an awasttmeot by ooetract Chapter 372 does not de m the 'cow of improvements" which are the boas fa the aaessmmt • authorized by this asapter. The argument exists that "oosts of improvements" may be IotespptAed to Inch rde of!-rite *mvmmts. This argunsect is vay, we*L The definition used to dean r 'oats of improvements' in Section 402.062 will probably be used to drfind the "ooats of improvements' contained In Chapter 372. As a result, Chapter 372 probably does not authorize an assessment for off-site improvements. Q ChWer 395 of the Local Govanment Code Clbe Impact Fee Statute) creates the risk that any O 0 assessment for off-site improvements for "New Development" will be invalid. Section 395.001 (4)(B) excludes costa of on-site water distribution and waste water collection from its definition of impact fees. By implication, off-site improvements are included in the definition of an impact /5 • i • I II Gerald Cosgrove, Engineering Admkdsnwr April 2, 1996 fx AS thry eelase to new development if an arsatrnent is msdc agriort v0developsd ' •y' , ar ' developed ProPatY er opposed to F"dsti+g developed propeety 16C + food argtuneet a~dsb that the assaaorent is an input tea The ' has not yet lone &muo the detaUed prooodure of City from ea for calculating and Sectiou .01 1 pt+obibip the wesd le actirtg or impoaias an *w he Unless aaghwind by Chapter 93. As a reswit, any sorb assemacat would be invalid. The GtilU PAY WtM you provided does not follow the procedures set forth in the stsaM tot sucb sa +taessmast In ad&dm the iaM policy is not United to 004he Imptuvemsets, Awn iv*, MY assesscaawt MWw4 ted by the M=m *d hM POWY will probably be void, The ica polcy slaum be tedtaffi The safest coarse of % don L lOsbapiy *MM dta prnoedtrres set io Section 404.06! - 402.075. If this is cot poasibie. m wessma by oo+trad is as option ba eencelas risk. The smote" by ooatrac1 sbonld minor Saotloos 402.061 -402.075 sa closely ar possible. In add d^ any paYmmt piece estabMed shoW be evahtabd closely 10 detanalee the eollectab * of the 4ads which we the subject of the pgsasot plea In addW^ a pnbiie purpose or economic development purpose shaW be erdadtlsd hr *F&] a +m P~f ~L Piovid Nsts~y egml owl win o~iaoa Nq act assesmew amount, PmPOOL pWdlY, oQ-aise improVmaols shotdd mt be included witNtt ft w pawl ptasdt W"/od Pc: Rk1: Srebla, Aeon City Metzger I i t 12 r Hama • . f i EXHIBIT B l7 • • EXISTING EXTENSION . I POLICY ■ Section 34-118 (b)(1) of the Code of Ordinances requires Developers /owners .Ao pay the actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their developments.,.." • J ,g EXTENSION POLICY EXCEPTIONS t .The only exceptions.to the present I extension policy are for: 1) Development Plan Lines, City Council Resolution No. 91-008. This exception provides that the City may extend water and sewer facilities to . ■ 1) Industrial prospects • ■ 2) Commercial/Retail prospects meeting certain conditions ■ 3) Corporate Headquarters ~9 EXTENSION POLICY EXCEPTIONS (continued) ■ 2) Special extensions to individual single - family residences. Section 34-118(f) of the Code of Ordinances. The Resident will pay 60% of the cost of the extension and the City will pay 40%. The Resident is not entitled to any pro-rata reimbursement. i • zo ■ • ,a i PROPOSED POLICY r ■ The primary purposeas to promote ~ compact growth 1 ■ Projects must promote one of the following: public health, public so. -ety, economic development or service to economically depressed areas (state law). • ■ Funding - unused Dev. Plan Line Funds ' . J 2 RESIDENTIAL INFILL ■ 1) Existing residents within City Limits ■ 2) Projects first come, first served ■ 3) City pays 100% cost upfront ■ 4) Citizens reimburse the City 25% ■ 5) If the citizen's cost exceeds 90% of nn-site cost, then project does not qualify. e ZZ I f RESIDENTIAL INFILL (continued) ■ 6) Assessments generally follows Section 402.061-402.075 LGC ■ 7) Connection fee established for those citizens who choose not to participate e Z3 e • s a a RESIDENTIAL INFILL (continued) s ■ The 75% City / 25% resident split was k decided by staff. It was based on evaluation of the cost to the residents where we had good cost estimates for water and sewer improvements. ■ If City Council desires to use a different percentage, it is their choice. The limit would be 90% of on-site cost. 2q • • • s a COMMERCIAL INFIL i { ■ 1) Projects must dem'onstate economic development potential ■ 2) Projects must be interior to I-35 and Loop 288 ■ 3) Staff identifies areas, PUB recommends and City Council approves J ■ 4) Developers pay 100% upfront Z5~ 4 l1~ COMMERCIAL INFILL (continued) i ■ 5) City reimburses 30% of the cost ■ 6) For funding above 30%, an Economic Development Ordinance will be have to be developed. Chapter 380 of the Local Government Code. e Z(P oil 61, COMMERCIAL INFILL (continued) ■ The purpose of the Infill Policy is to promote compact growth. Staff decided on the I-35/Loop 288 boundary. If City ~ Council desires a larger area to be ' considered, it is within their power to do so. v INFILL POLICY LEGAL ISSUES ■ Municipal funding limitations under state law to finance residential and commercial infrastructure extensions ■ Mechanisms under state law to levy assessments and provide repayment for on-site and off-site improvements o 28 i I s • • MUNICIPAL FUNDING LIMITATIONS RESIDENTIAL . If policy only provides for substantially equal services, it may be a violation of the constitution Infrastructure must provide for economic development or public purpose s Examples of Malfunctioning septic tanks, Contaminated ® public purpose: wells, Dry wells or refusal to serve ? • Z °I MUNICIPAL FUNDING LIMITATIONS COMMERCIAL . Infrastructure provides economic development . Up to 100% funding by City . Up to 30% funding requires no project bidding by the City (Sec. 212.072) 30 MECHANISMS TO LEVY ASSESSMENTS AND J PROVIDE. REPAYMENT ■ Sections 402.061 to 402.075 Local Government Code (LGC) ■ Chapter 372 LGC -Public Improvement 1 Districts .a Assessment by contract under Home Rule authority 31 f • • MECHANISMS TO LEVY ASSESSMENTS AND k PROVIDE REPAYMENT Sections 402.061 to 402.075 Local Government Code . Levy up to 90% of "on-site" improvements, no "off-site" improvements First Lien on property . Non-voluntary program (similar to paving assessments) . An assessment repayment plan is possible . Property must have been subdivided for at least 10 years 1 3 z.. ` • r • f EXHIBIT C CHAPTER 372 m SUBCHAPTER A m PUBLIC IMPROVEMENT DISTRICTS s • 1 _ ~ 1 0 I i I • 0 'I PLANNING AYD DEVELOPMENT § 372,003 puhix fund> from the municipal trca:u;t for the imi- p 372,001b. Definition 1r qv of municipal planning and d,w± not limit that in this subchapter. "eatraterrit<,ria jurisdiction" ether authority. meun, e\tratemtunal iuri+dictian as (1001-dined un- . kt• 7ihh Lrit ch. 319, t I. eff Sept. 1. 1(t", der Chapter 42 Added hF Act. 1749, ?let Lpg., ch. 1. t 71Bhr, efi. A°g ?w. CHAPTER 372. IMPROVEMENT DISTRICTS It01.4 IN MUNICIPALITIES v +lrin real of the 194 Ad pn'vie 'Thi, rxhnn amends the L. al lwnrrnmrnt l'~xlr to sinearm to ti ctmne I thrnnirh II. Chapter rUi, Acts of the 71Mh Lelvelaave. SCRCHAP'TER A. PUBLIC IMPROVEMENT R,pi r.°e.kLwn, 19e7.' DISTRICTS g 372.802. Exercise of Powers Powers grunted under this subchapter may be exer- 372.001. Shurt Title. cised by a municipality in which the governing body of 1729114. Definition. 1^2.00:. Exe=~ a of Pusem the municipality initiates or receives a petition re- 1".DKI, Authorued Impro%emenu. questing the establishment of a public improvement 1MDN, Combined Imprmemenus. dictricL A petition must comply with the require- 372.D15, Petition. 8M OX Findings merits of Section 372005. , a72.00i. Feasibility Repot Arta 1987, 70th Leg„ ch. 149, 4 1, eff. Sept. 1, M7. 3".008. Ad%uory Body. 37'-0(5, Hearing 4 372.003. Authorized Improsements 372.010. improvement Order (a) If the governing body of a municipality kids m 1".011. Dianotution. that it promotes the interests of the municipality, the 372.012. Area of DLtrkt vernin bad ma undertake an im rovement ro- 372.013. Sense Plan. Bo' B y y P P 372.011. Assessment Plan; Payment by Exempt JurMic- jest that confers a specla2 benefit on a definable pact tions. of the municipality or the municipality's extraterritori- MOIS. Determination of Amz ment. 1 d jurisdiction, A project may be undertaken in the 7M,01fx Assessment Roll. 1 municipality or the municipality's extraterriturial jur- 372.017. Levy of Assessment I isdiction. 312.018. Interest on Assessment: Lien. 3M .o19. Supplemental Assessments. (b) A public improvement project may include: 1".020. Reassessment ' VZ021. Special Impnsement DoP.ut Fund. (1) landscaping; 372.9:2. Separate Funds. (2) erection of fountains, distinctive lighting, and 372,911. Payment of Coeur. I signs; MAN, General Obligation and Revenue Bond,-. MM5. Terms and Conditions of Bond.. (3) acquiring, constructing, improving, widening, 372.0N6. Pledges. narrowing, closing, or rerouting of sidewalks or of 3". Refunding Bonds. streets, any other roadways, or their rights-of-way; .7".0^.A, Apprmal and Registration. (4) construction or improvement of pedestrian 372.914. Authorized Investments; Security. malls; '172.910, Suochapter Not Exclush e. [Sectinns 772.031 to 372.040 rn rved for exparudon] l5) acquisition and Inretallation of pieces of art; i SUBCHAPTER R. IMPROVEMENT DISTRICTS (6) acquisition, construction, or improvement of . libraries; `r IN HOME-RULE ML'Nll'1PALITIES 17) acquisition. construction, or improvement of :4%G11. Autmmty of Home-Rule Municipality. off-street parking facijties; SUBCHAPTER A. PI.'BLIC IMPROVEMENT 19) acquisition, construction, improvement. or rer- DfSTRiCTS outing of mass u•ansixntation twilities; t9) acquisition, construction, or impruvement of • 1372.1X11. Short Title water, wastewater, or drainage facilities or improve- ments; This subchapter may be cited as the Public Im- 1101 the establishment or improvement of parks. piovement District Assessment Act. ill) projects similar to those listed in Subdivi- Acts P.ih7. Toth Leg. rh. 119. s 1. etY. Srlit. i, 1947. Sions I I )-110); 597 • 0 • • w 537.2.0113 LOCAL 601'ERNME\T CODE 121 scour:tiro. h} p,n-,hu,v ur,~then,ise, or real 11) -mners of tax:dAe real property representing p -,rvitr In vrnnecu~,n eith an ,u:thuriwd iniprave- more than ;io perrent of the appraised value of m, nt. taxahle real prupeany liable for assessment under ,1L -peeiul supldemtnud -Hi Wet fur improve- the profiosal, as determined by the current roll of meat and pn,mntiun of the dlPtl'ICI. includluy srr. the appraisal district in which the property Ls locat. ?ices relating to adxeii"zinv, pr,.,mutirm. health and ed: and sanitation, aster and uuste0catcr. public safety. ,e- 021 record owners of real pminrty liable fur as. curitF, husiness recruitment, development, iecre• sessment under the prulnosal uhe: ation, and cultural enhancement: and (Al constitute more than 50 percent of all rec. 1141 payment of expenses inctnreil in the estah- ord owners of property that is liable for assess. lishment. administration, and operation of the dis- meat under the proposal; or diet. (B) o;vn taxable real property that constitutes 4•I A public improcemen( prnject may he limited to more than 50 percent of the area of all taxable the provision of the semces described by subsection real property that is liable for as~essment under ~b1(I I). the proposal. Art: I9b7, 70th Lea., ch. 149. t 1. efr Sept. 1. 19e7. Amend- ed by Aetq 19MJ. 51st Le(r., (h. 1, a 70o, eff Aug :N. 19949. (c) The petition may be filed with the municipal I secretary or other officer performing the functions of 4 372.004. Combined Imprmements ! the municipal secretary. An imprw ement project may consist of an improve. Acts 1987, Toth Leg_ ch. 149, 1 1, PIT. Sept 1, 1987. Amend. ment on more than one street or of more than one ed by Acts 1989. 71st Leg., ch. t, ) MAP% rrf. Aug. 28. 1919. s type of improyem, nt. A project described by this j 11 312.006 Findings section may be included in one proceeding and fi- nanced as one improvemcnt projea, If a petition that complies with this subchapter is Acts 1987, 70th Leg., ch. 149. 1 1, eR. Sept. I, 1987. Amend- filed, the governing body of the municipality may ed by Acts 1989. 71st L.eg., ch. 1, 1 76fdi. eff. Aug. 28, 1989. make findings by resolution as to the advisabdity of 1 372.005. Petition the proposed improvement, its estimated cost, the method of assessment, and the apportionment of coK (a) A petition for the establishment of a public between the proposed Improvement district and the improvement district must state: municipality as a whole. (1) the general nature of the proposed improve- Acts 1987, 70th Leg., ch. 149, 1 1, eff. Sept I, 1987. ment; (2) the estimated cost of the improvement; 1 372.007. Feasibility Report (3) the boundaries of the proposed assessment (a) Before holding the hearing required by Section district; 372.009, the governing body of the municipality may (4) the proposed method of assessment, which use the services of municipal employees or may em- may specify included or excluded classes of assessa- ploy consultants to pmpam a report to determine ble property; whether an improement should be trade as proposed Y (5) the proposed apportionment of cost between f by petition or otherwise or whether the improvement the public improvement district and the municipali- should be made in combination with other Improve- ty as a whole: p` ments authorized under this subchapter. The grnatl- ' (6) whether the mana¢ement of the district is to F Ing body may also require that a preliminary estimate he by the municipality, the private sector. or a of the frost of the improvement or combination of partnership between the municip.ility a,J the pri- improvements he made. sate sector, 161 For the ptn7rose of determining the feasibility p ,1 that the p?rscns signing the petition request and desirability of an Improvement district, the gm• p or concur with the establishment of the district: and erning body may take other preliminary steps before i,5) that an ad0ison body may be established to the hearing required by Section 372.009. before esW, develop and recommend an improvement plan to lishing a public improvement cLiUwL or before enter the Itarerning body of the municipality. ing into a contract. ihi The petition is surficient if signed by'. AM- 19fi7. 70th Leg., ch. 149. 4 1. PIT. Sept i. 19Y1. 598 35 21, • • PLANNING AND DEVELOPMENT § 372.010 o 172.10. Advisor) Hod) which the district is to he heated or in which the ar .Alter reetr ing .t l,vCn-,n that c~ mpLes mth imp7nemvnu, are to be undertaken. The final publica- recu-,n 112 W1, the VW ern rig hodF 4' the mtmicipuli- tion it noticc mint he made before the 15th day ti ma) apl,, int an adv isoo h,vly «ith the re-p,nsibili- bcfire the date of the hearing. The notice must state: o „f dOelnp'mg and reconunending an impnrremoot (1) the time and place of the hearing: plan to the governing N:dv, 12, the general nature of the proposed improve- ~bi The comfnsiricm of the adhi.ory hxxly must in- menC dude. 131 the estimated cost of the improvement lIr owners of taxable real property repre:-enting 141 the boundaries of the proposed assessmet,t more than 50 percent of the appraised value of district; taxable real property liable ftrr assessment under (5) the proposed method of assessment; and the proposal, as determined by the current roll of (6) the proposed apportionment of cost between the appraisal district in which the property is locat- the improvement district and the municipality as a ed; and whole. '2) record owners (,f real property hahde for as. (d) Written notice containing the information re- sessment under the proposal who: quired by Subsection (c) must be raailed before the (A) constitute more than 50 percent of all rec- 15th day before the date of the hearing. The notice ord owners of property that is liable for assess- must be addressed to "Property (wner" and mailed to ment under the proposal; or the current address of the owner, as reflected on tax iH) own taxatle real property that constitutes rolls, of property subject to assessment under the more than 50 percent of the area of all taxable proposed public improvement district real property that is liable for assessment under Aeta 199'!, 7Dth Leg.. ch. 149, 1 1, ed. Sept 1, t987. Amend- the proposal. ed by Acts 1989, 71st Leg., ch. 1, 1 781!1, eff. Aug. 28, 1969. Ana 1987. 70th Leg., Ch. 149, t 1. eff SepL I. 1987. 1 372.010. improvement Order 1 372.009. Hearing (a) During the six-month period after the date of (a) A public improvement district may be estab- the final adjournment of the heating under Section lished and improvements provided by the dLstrict may 372.009, the governing body of the municipality may be financed under this Rubchapt--r or!Y after the gov- authorize an improvement district if, by majority vote eming body of the municipality holds a public hearing of all members of the governing body, the members on the advisability of the improvement. adopt a resolution authorizing the district in accor- (b) The hearing may be adjourned from time to dance with its finding as to the advisability of the time until the governing body makes findings by improvement. resolution m to: (b) An authorization takes effect when it has been the advisability of the improvement 1 published one time in a newspaper of general circula- (1) the nature of the improvement: i tion in the municipality. If any part of the improve- ment district is located in the murdeipaitys extrater- (3) the estimated cost of the improvement; ritorial jurisdiction or if any part of the improvements 4b the boundaries of the public improvement dis- ; is to be undertaken in the municipality's extraterrito- trict; nal Jurisdiction, the authorization does not take effect (5) the method of assessment: and until the notice is alsc g0-en one time in it newspaper r (6) the apportionment of costs between the dis- of general circulation in thr part of the extraterritorial trict and the municipality as a whole. jurisdiction in wfilry the district is located or in which ic) Notice of the hearing must be given in a news- the improvements aro to be undertaken. paper of general circulation in the municipality. If (c) Actual constructio• of an improvement may not any pan of the imprucernent district i> to ire Iucated in begin until after the LLIM day after the date the - - ® the municipality's extraterritorial jurisdiction or if any authorization takes effect and may not begin if during • part of the improvements is to he undertaken in the that 20-,1ay period written protests signed by at least munir)pality's evu•atetritoral junadiction, the notice two-thirds of the owners of record of property within must also he given in a rem pppe~ of general circula. the improvement district or by the owners of record of tion in the part of the extra( erntonal jurisdiction in property comprising at least Mo-thirds of the total 599 36 _21- 11 7" • • I Q 372.010 LOCAL GOVERN)1F\T CODF. area of the district are died with the municipal secre. 1 372011. Assessmenl Plan; )'mmeni by Exempt tan' or other officer pe;inrming the duties of the Jurisdictions municipal secretary. ,A person whose name appears on a protest may withdraw the name from the protest 10 dal percent of t of the e cost plan must pruside that at lent e- at any time before the governing body of the muni6 special ial assessment.e against an prope ropettrty in merit the be maid improve. pality convenes to determine the suiciency of the ment district. The asessment plan must be included protest, in the annual service plan. Arts 1997, 70th Leg., ch. 149, 1 1, W. Sept t, 1987, Amend. I, (b) The municipality is responsible far payment of ed by Acts 1989, 71st Leg, ch. 1. 4 76(111, eff. Aug. 2_S, 19R9 assessments against exempt municipal mmiperty in the 1 372,011. Dissolution district. Payment of assessments bX other exempt jurisdictions must he established by contract. An A public hearing may be called and held in the same assessment paid by the municipality under this sub. manner as a hearing under Section 372.00 for the section is considered to have been paid by special purpose of dissohing a district if a petition requesting assessment for the purposes of Subsection u1. dissolution is fled and the petition contains the sigma- ' Acts 1967, 70th Leg, ch. 139, 1 1, ell. Sept I, 1967. Amend- tures of at least enough property owners in the dis- ed by Acts 1989.71-t Leg, ch. 1, 1 76(h), eQ. Aug. 2A, 1989. trict to make a petition sufficient under Section 372.OOSIb). If the district Is dissolved, the district 1 372.015. Determination of Assessment nonetheless shall remain in effect for the purpose of (a) The governing body of the municipality shall meeting obligations of indebtedness for improvements. apportion the cost of an improvement to be assessed Acts 1987, 7oth Leg., ch. 149, 1 1. effSept. 1. 196?. against property in an improvement district. The apportionment shall be made on the basis of special i 372.012. Area of District LeIleRta accruing to the property because of the im, provement. The Lees of a public improvement district to be (b) Cost of an improvement may be assessed; usessed according to the findings of the governing body of the municipality may be less than the area fl) equally per front foot or square font; described in the proposed boundaries stated by the (2) according to the value of the property as notice under Section 372.009. The area to be assessed determined by the governing body, with or without may not include property not described by the notice regard to improvements on the property; or as being within the proposed boundaries of the district (3) in any other manner that results in imposing unless a hearing is held to include the property and equal shares of the cost on property similarly bene- notice for the hearing is given in the same manner as fitted. notice under Section 372.009. Ic) The governing body may establish by ordinance: Acts 1967. 70th Leg., ch. 149, 1 1, ed. Sept. 1. 1987. (1) reasonable classifications and formulas for the apportionment of the cost between the municipality 1 372.011 Service Plan and the area to be assessed; and (a) The advisory body shall prepare an ongoing (2) the methods of assessing the special benefits 1 service plan and present the plan to the governing for various classes of improvements. I body of the municipality for review and approval. (d) The amount of assessment for each property The governing body may assign responsibility for the owner may be adjusted following the annual mlew of plan to another entity in the absence of an advisory the senice plan. body. Arts 1!1147, 70th Leg, ch. 149, 1 1, eff. Sept. 1, 1407 ib) The plan must rover a period of at least five 1 372,016. ,Assessment Roll e years and must also define the annual indebtedness • 81 and the projected costs for impruremenls. The plan mia1ned, After the , the the rtotal ain cost of an improvement is deter. shall he reviewed and updated annually for the pur• governing body of the municipality shall pose ot• determining the annua! budget for impruvt- prepare a proposed assessment roll. The roll must menu state the assessment against each parcel of land in the district, as determined by the method of assessment Act. L'n67. 70th Lcg.. ch. IIS, f 1, eff. Sept. t. It+M. chosen by the municipality under this subchapter. 600 37 a<. • • I PLANNING AND DEVELOPMENT 372.020 ~b; The governing had} shall file the Irr(,pn),ed us- installment;. The mstullmcnts must be in amounts sesrment roll m!h the munieipu' secretary or other oece,urr to meet annual casts for improvements and officer im-f ruing the functi„ns of the municipal sec- mu±t continue for a period necessary to retire the retury. The pr~~pi<ed mars,merit roll is suhject to indebtedress on the impru%ement5. pubtic inspection. The governing txody' shall require AMAs IaN .70th Leg-, ch. 149. 0 I. eff. Sept t t9n7. the municipal secretary ur other officer to publish notice of the governing body's int-rition to consider 4 172.014. Interest on Assessment; Lien the proposed as:essmente at a public heanng. The (a) An assessment bears interest at the rate speci- notice must he published in a newspaper of general fled by the governing body of the municipality, but circulation in the municipality before the 101h day may not exceed a rate that is one-half of one percent before the date of the hearing. If any part of the higher than the actual interest rate paid on the public improvement district is located in the municipality's debt used to finance the improvement. Interest on extraterritorial jurisdiction or If any part of the im. the assessment between the effective date of the provements Lc to be undertaken in the municipality's ordinance levying the assessment and the date the extraterritorial jurisdiction, the notice must also be rust installment is payable shall be added to the first published. before the 10th day before the date of the installment, The interest on any delinquent install- hearing, in a newspaper of general circulation in the ment shall be added to each subsequent installment part of the extraterritorial jurisdiction in which the until all delinquent installments are paid. district Ls located or in which the improvements are to be undertaken. The notice must sate: (b) An assessment or reassessment, with interest, 11 the date, time, and place of the hearing; the expense of collection, and rea-%nable sttomey's fees, if incurred, is a first and prior lien against the 12) the general nature of the improvement; property assessed, superior to all other liens and (3) the cost of the impro%ement claims except liens or claims for state, county, school (t) the boundaries of the assessment district; and district, or municipality ad valorem laxm and is s 15) that written or oral objections will be consid- personal liability of and charge against the owners of ered at the hearing. the property regardless of whether the owmers are (cl When the assessment roll is filed under Subsec- named. The lien is effective from the date of the tion (b), the municipal secretary or other officer shall ordinance levying the assessment until the assessment mail to the owners of property liable for assessment a is paid and may be enforced by the gmerrdng body in notice of the hearing. The notice must contair the the same manner that an ad valorem tax lien against information required by Subsection fib) and the secre. real property may be enforced by the governing body. tart' or other officer shall mail the notice to the last The owner of assessed property may pay at any time known address of the property owner. The failure of the entire assessment, with interest that has accrued a property owner to recetre notice does not invalidate on the assessment, on any lot or parcel. the proceeding. Acts 1987, 70th Leg, ch. 149. 1 1, eff. Sept 1, 1987. Amends Acts 1987. 70th Leg, ch. 149. It I. ed. Seq. I. 1987. Amend. ed by Pts 1989. Ile Leg, ch. 1, 1 76(j), eII. Aug. 2& 1989. ed by Arta 1989, 719t Leg., ch. t, 1 76(i), eQ. Aug. 28, M. 1 372.019. Supplemental Assessments 1 372.017. Levy of Assessment Alter notice and a hearing, the governing body of la) At or on the adjournment of the hearing re- the municipality may make supplemental assessments ferred to by Section 372.016 on proposed assessments, to correct omissions or mistakes in the assessment r the governing body of the municipality must hear and relating to the total cost of the improvement. Notice pass an any objection to a proposed assessment The must be given and the hearing held under this section fo erring body may amend a proposed assessment on in the same manner as required by Sections 372.016 any' parcel. and 372,037. 1b) Alter all objections have been heard and the Acts 1'k?7. 7txh Leg., ch. 149, y 1, eff. Sept. 1. t987, rmveraing body has passed on the objections, the 1 372.020. Reassessment • ® rrneming body by ordinance shall levy the assess. ' :nest as a special assessment on the property. The The governing body of the municipality may make a raeming body by ordinance shall specify the method reassessment or new assessment of parcel of land if: 2 payment of the assessment. The governing body (i) a court of competent jurWiction sets aside an '^ay I"'Ide that assessments be paid in periodic assessment against the parcel; 601 37 • • t I I §312.020 LOCA1. GOVERNMENT CODE 12r the governirv t,- 1.% r{,,tYrmine, that the r 11 in. 4 372.1121 Payment of Costs nal asscssment i, t vv sire: r'r iai The rr,.t of an impri,rernent made under this ,3P on the mitten adore 4 counsei. the w,wern- .uhchaptvr mu,t he pair) in accordanre with this see. ink brul)' rlele]IT&e, that the raiannal d"essment 1, lion. imalirl. ihl A cost pa!vhle by the municipality' as a whole Act 116 7. 71he 1,,g ch. 14" s 1. eff. apt. L. pls7 may he Ilaid from general funds seailahle for the 1 372.021. Special Improvemera District Fund purlx„e or other available general fund:. k) A cost pa}able from a special assessment that la) A municipality that inter,!s to create a puhlic has been paid in full shall he paid from that assess- improvement district may by orlinance e,tabiish a ment. special improvement di,t ict fund in the municipal treasury. (d) A cost parable from a special assessment that L% to be paid in installments and a cost payable by the bl The municipafih annually may !ev} a tar to municipality as a a hole but not payable from available support the fund, general rands or other available general improvement tO The fund may be used to: funds sha;'. be paid by the issuance and sale of reve- (l ) pay the costs of planning, administration, and nue or general obligation bends. an improvement authorized by thLS subchapter; (e) Alule ati improvement is in progress, the gvv. (2) prepare preliminary plans, studies, and engi- rimng body of the municipality may- issue temporary nerring reports to determine the feasibility of an l notes or time warrants to pay for the costa of the improvement; and improvement and, on completion of the imprvvemenC (3) if ordered by the governing body of the mu- issue revenue or general obligation bonds. nicipabty, pay the initial cost of the improvement li) The cost of more than one improvement may be until temporary notes, time warrants, or improve- paid from a single Issue and sale of bonds without ment bonds have been issued and sold. other ronsobdaton proceedings before the bond Issue. (d) The fund is not required to be budgeted for (g) The costs of any improvement include sit costa expenditure during any year, but the amount of the Incurred in connection with the issuance of bonds fund must be stated in the municipality's annual bud. under Section 372.024 and may be included in the get. The amount of the fund must be based on an assessments against the property in the improvement annual service plan that describes the public improve- district as provided by this subchapter. ments for the fiscal year. Acts 1987, 70th Leg., ch. 149,1 1, etf. Sept 1, 1987. Amend (el A grant-in-aid or contribution made to the mu- ed by Arta 1989, 7tst Leg., ch. 1, It 76(k% eft. Aug. X 195. nicipality for the planning and preparation of plans for 1 372,024. General Obligation and Revenue Bonds an improvement authorized under this subchapter metal obligation bonds issued to pay costa under may be credited to the specie! improvement district Section 372.0W(d) must be issued under the provislons fund, of Chapter 1, Mile 22, Revised Statutes.' Revenue Acts 1987, 70th Leg. ch. 149. 1 1, eff. Sept 1. 1987. bonds Issued to pay costs under that subsection my i 372.022. Separate Funds be Issued from time to time in one or more series sod are to be payable from and secured by liens on a0 or A separate public improvement district fund shall part of the revenue derived from improvements autho- be created in the municipal treasury for each distrieL sized under this subchapter, Including revenue derived Proceeds from the sale of bunds, temporary notes, and from installment payments of special a sessinenta. time warranu, and other sums appropriated to the Acts 1987, 7(ah Leg„ eh. 149. 1 1, eff Sept 1. 1987 fund by the governing body of the municipality shall r t'emnn'e .MMCP,.St. en, rot et ey. be credited to the fund. The fund may be used solely to pay costs incurred in making an ic.pr,wement. 1 372.025. Terms and Conditions of Bonds When an improvement is completed. the balance of j la) Revenue bonds may be issued to mature selisll) , O O the part of the assessment that is for imprueemenLs or in any other manner but must mature nut later shall be transferred to the fund established for the than 40 years after then tae. A provision may be retirement of bonds. made for the subsequent issuance of additional pmt) Act 70th Law.. ch. 049. 4 1, efr Sept. 1. L'A~Z bonds or subordinate tien bonds under terms Aral 600, 39 a - • • r PLANNING AND UB1•ELOPMEVT ~ 3?2.U2S londit]Dms specified in the ordinance authorizing the facilities outh~,nzed on3er this subchapter that are issuance ~Q the hands. named or are to he acquired by the municipality and hi The bond, shall he executed and the IKun& and by chattel mortgages. liens, or secunty interests on interest coupons uppertaining to them are negotiable any personal property appurtenant to that real prop- ir,.tromcnts •.lithin the meaning and for all purTwses erxy. The governing body max authorize the execu• ~~I' the Uniform Commercial Code ~Section 1,101 et tion of trust indentures, mortgages, deeds of trust. or seq.. Business & Commerce Code). The ordinance other farms of encumbrances as evidence of the in. authorizing the issuance of the bonds must specify: debtedness. i I1 whether the bonds are issued registrable as to (d) The governing body may pledge to the payment principal alone or as to both principal and interest; of bonds all or part of a grant, donation, revenue. or 21 whether the bonds are redeemable before ma 1 income received or to be received from the govern- ment of the United States or any other public or tunly: (3) the form, denomination, and manner of issu- private source, whether or not it is received pursuant to an agreement or otherwise. ance; 14) the terms, conditions, and other detail apply- Acts 1987, 70th Leg., ch. I49, 11, eR. SepL 1, 1%7. ing to the bonds including the price, terms, and 1 ; 372.027. Refunding Bonds interest rates on the bonds; and I (5) the manner of sale of the bonds. I (a) Revenue bonds issued under this subchapter may be (c) The ordinance authorizing the issuance of the refunded or refinanced by the issuance of bonds may specify that the proceeds from the sale the refunding bonds, under terms or conditions set forth the bonds, in ordinances of the municipality Issuing the bonds, The provisions of this subchapter applying ger,erally (1) be used to pay interest on the bonds during to revenue bonds, including provisions related to the and after Lite period of acquisition or construction of issuance of those bonds, apply to refunding bonds an improvement financed through the sale of the authorized by this section. The refunding bonds may bonds; be sold and delivered in amounts necessary for the (2) be used for creating a reserve fund for pay- prinripal, interest, and any redemption premium of ment of the principal of and interest on the bonds the bonds to be refunded, on the date of the maturity and for creating other funds; and of the bond or any redemption date of the bond. !3) may be placed in time deposit or invested, (b) Refunding bonds may be issued for exchange until needed. with the bonds they are refunding. The comptroller Acts 1987, 70th Leg., ch. 149, t 1, eff Sept. I, 1987, of public accounts shah register refunding bonds de- , scribed by this subsection and deliver the bonds to i 372826. Pledges holders of bonds being refunded in accordance with fa) for the payment of bonds issued under this the ordinance authorizing the issuance of refunding subchapter and the payment of principal, interest, and bonds. The exchange may be made in one delivery or any other amounts required or permitted in connec- several installment deliveries. Lion with the bonds, the governing body of the munici- (c) General obligation bonds issued under this sub- pality may pledge all or part of the income from chapter may be refunded in the manner prexided by improvements financed under this subchapter, includ- law. ing income received in installment paymenLq under Acts 1987 70th Leg, ch. 119, t 1. eft. Sept. 1, 1957. Section M.0 . (b) Pledged income must be fixed and collected in 4 372.12& Approval and Registration amounts sufficient, with other pledged resources. to (a) Revenue bonds issued under this subchapter pay principal, interest, and other expenses related to and a record of the proceedings authorizing their the bonds, and to the extent required by the ordinance issuance most be submitted to the attorney general e authorizing the bonds, to pay for the operation. main- for examination. If bonds state that they are secured I, Q tenance. and other expenses related to improvements by a pledge of revenue or rentals from a contract or authorized by this subchapter. lease, a copy of the contract or lease and a description (cl The bonds may also he secured by mortgages or of the proceedings author. ing the contract or lease deeds of trust on any real property related to the must also h submitted to the attorney general. 603 7~ Z- 7 • • Q 372,1125 LOCAL GOVERNMENT CODE E lepirg,straightening.iidrning,vnclnsing,or if the urt"[nay a"n"al d,t-rnr.cr• that the (1) ix,nrl< were :mth"rZed :rod th,~ e,mtracv „r leads, „thvnkiae imprming a m%tir, creek, bayou. stream, relattcl 9r the r,,nds were made in jk ,nkmce With the ,,then body of water. street, ~,r alliiy; lain. the au,rro general shell apps" the homb and r.i draining. grading, filling, and oaheroi-se prrr the contract of lea-c. On the appt+,t a! ,J' mr attorney reefing and imp*udng the a rritm'c within the mu general, the comptroller of publie acc"i,nts nhali regis- niciralitv's limits: and ter the tx;nds. rc1 Roods and contructd or leases uprroced and r'D issuing honds to finance improvementa listed in registetnd under this section are valid and binding this sutueetion, ohligwtions for all purposes in accorilunee with their +b) If a home-rule municipality creates an improve. terms and are inconte.tahle in anv court or other ment district in order to make improvements autho forum, rized by this subsection, the municipality must comply rd) General obligation hoods issued under this sub- with the general law of the state relating to the chapter shall be approved unit registered as provided ' creation of improvement district,. Bonds issued for by law. improvements under this section must be issued in a A(U IW, 71hh I eg, ch. I49, e L e:f. Sept. L 19%7. manner that complies with the genera authority of a home-rule municipality to issue bonds. 1 372.029. Authorized Investments; Security (c) A home-rule municipality may require the own. (a) Bonds Wsued under this subchapter are legal ers of property in the territory specially benefitted vi and authorized investments for: enhanced value by improvements made under this (1) banks, trust companies, and savings and loan section to pay the cosh or the improvement, If a associations; municipality finances an improvement under this sub (2) all insurance companies; section, the municipality shall make a personal charge (3) fiduciaries, trustees, and guardians; and against those property owners and fix a lien agains (4) interest funds, sinking funds, and other publie that property by special assesarnent. The mueklpa& funds of the stata or of an agency, subdivision, or ty may issue assignable or negotiable certificates to instrumentality of the state, including a county, pay for the cosU of improvements and require the municipality, r hoot district, or other district, public property owners to make defersxd payments Lo recto agency, or body politic. the certificates. Interest on deferred payments Puy (b) Bonds Issued under this subchapter may be net exceed eight percent. The municipality may ap security for deposits of public funds of the state or of point special commissioners or provide otherwise for an agency, subdivision, or instrumentality of the state, the making and lc%*g of special asses imeviis uada including a county, municipality, school district, or this subsection, or may provide that the maldnj tad other district, public agency, or body politic, to the levying of the assessment be performed by the gar extent of the market value of the bonds, if accompa• erring body of the municipality, in compliauee with nied by any appurtenant unmatured Interest coupons. requirements for hearings and other procedures as Arta 1987, 70th Lag., ch. 149. 1 1. eM Sept I, 1987. may be adopted tinder or required by the munkipal charter. 372.0.70. Subchrpler For Exclusive Arta 1987, 70th Leg„ ch. I49, it 1, e>T. Sept. L 1961. This subchapter is an alternative to other methods • ± by which a municipality may finance public improve- CHAPTER 373. COMMUNITY DEVELOPMENT mews by assessing property owners, IN MUNICIPALITIES Acta 19th, 70th Leg.. ch. 149. 1 1, efT. Sept 1, 1987. Section } {Sections 372.031 to 372,040 resened for expansion) 373.001. Short Tide. 3 i3.0o2. Legislative Finding; Publk Po rpo.e& SUBCHAPTER B. IMPROVEMENT DISTRICTS 3 3.Otp. Definition. IN HOME-RULE MUNICIPALITIES M.004. Goals of Program. 373.0(15. Elements of Program. - 0 } 372.011. Authority of Home•Rute Municipality Tt0(19. Required Procedures Before Adoption of Cwaa• + e nity Development Program. (a) A home-rule municipality may create improve- 3;TW7, Limitatinn on Municiput Powers: EffRton led J meat di=tricls for the purpo~es of Renewal. si04 41 i C 0 • r . EXHIBIT D CHAPTER 402 SUBCHAPTER D IMPROVEMENTS TO WATER AND SEWER SYSTEMS IN CERTAIN MUNICIPALITIES {ASSESSMENT PROGRAM} 4~- r 4 fS • 0 3 402,01153 LOCAL GOVERNMENT COM 1 2 4 :t county: f l i hake all or a major part of it, temtnn r. , ~3) a municlraLty: County with a population of more than 2i.(pJ) , ~4) a wh.ool di,tricte21 he i,"ted in a counts in whip:h at lent , ~c) The f 1louinit shat 1,v exempt from the prusr percent of the total area u; regularly cayered r., ,inns of any tu]eS or ordinances adopteri by a murki- water and in which is located the majority of r, pahty pursuant to this Act: total area of a wildlife refuge for species ofwildlil. I i prupetty vrnh laPopur con,tl'llynor and main- on the federal endangered species List. tenanco of a whollF :ufticienl and pri,:ately owned ,AMi I9nZ 70th Lcg., ch. 142 4 t, eM Sept. L DS7. Amen. drainage system; ed by Aars 1959. i Ist Leg., ch. I. 1 &1ib), eff, Aug. s, I:r,. 42) property held and maintained in its natural so L„n Kira of the 19h9 amendatory art pru•mll" state, until such time that the pn,perly is developed -th,. wruon amends the bird f➢orornmenr Co& w oadva a and all of the public infrastructure constructed has SertwnA I and 2, Chattier 2015, AN of the Mtn Ieridnure, pert' been accepted by the municipality in which the 5'"°"'"' r>rz property is located for maintenance; and (3) a subdivided lot, until a structure has been 1 402.062. Definitions built on the lot ar,d a certificate of occupancy has In this subchapter: been issued by the municipality in which the proper- p) "8eneftted property" means a !M or tract to ty is located. which water or sewer service is made asatlabk (d) A municipality may exempt property owned by under this subchapter. a religious organization that is exempt from taxation 121 "Cost of improvement" includes pursuant to Section 11.20, Tax Code, from drainage engineering charges under this subchapter, expenses, fiscal fees, and other expenses incident to Acre 1987, 70th Leg., ch. 149, 1 1, elr. Sept. 1. 1987. Amend• the construction of improvemeri to the water syr ed by Acts 199E 72nd Leg., ch. &152, 1 1, eff. June 16, 1991: i tem, sewer system, or both systems in addition to Acre 1993. 73rd Leg., ch. 674, 1 2, eff. Aug. 30, 7993; Acts the other costs of the improvements. 1993. 73rd Leg., ch. 7,3, 1 3, eff. June 18, 19911. (3) "Sewer salem im la" means the Is), For taadaum and applkaucn tr idou of the 195] a,neMatnn Y Prosemen ' act + note rulk,aVit t total ing of mains, laterals, and extensions and all appli- ances and necessary adjunMs required for the sani- tary disposal of excreta and offal from the area In This subchapter does not: which the improvements are made but does not (1) enhance or diminish the authority of a home- include off-site mains, laterals, and extensions and rule municipality to establish a drainage utility un• appliances and adjuncts necessary to connect the der Article XI, Section 5, of the Texas Constitution; improvements to the existing sewer system operat- (2) preclude a municipality from utilizing reve- ed by the mcnlcipaiity. rues, other than drainage utility revenues, for (4) "Water system improvements" means the lay- drainage purposes; or ing of a water main with gates, tees, crosses, taps. 3) preclude a municipality frog imposing impact meter boxes, manholes, or extensions, and any other fees or other charges for drainage authorized by appurtenances required to furnish water for domes- law. tic or commercial purposes to the area in which the Added by Arta l W9. 7tat Leg, ch. ILM, 1 1(h), eff. Aug, P.4, improvements are constructed, but does not include I9ft, Amended by Alas 1491, 22nd Leg„ ch. 852, 1 t, eff. i any off-site appurtenances required to connect the • June 16. 1991. improvements to the existing water system operat- For vahdatko and application prv,uw a of the :491 amendatory act we note foave'tnr 4 M1.041. ed by the municipality. i [Sections 402,055 to 41)2.060 reserved for expansion) .Acts 1%7. 70Lh Leg., ch. 119, 4 1, eff. Sept 1, 1981 SUBCHAPTER D. IMPROVEMENTS TO 1 402.063. Municipal Authority WATER AND SEWER SYSTEMS IN (a) The municipality may improve a water works CERTAIN MUNICIPALITIES system or sanitary sewer system within the municipal ® 4 402M I. Applicalion of Subchapter to Cerlain boundaries by curstrucling, extending. enlarging, or • Municipalities reconetutting the system. To exercise authority under this suhchaiRtr, a mu- (h) The goveming body of the municipality may nicirality must: determine the need for improvements, may order the ill 413 ~-s w.v , r . i . -~....rr►Wrwrwww,rw<,.v - • • i i I HATER AND UTILITIES § 102.066 orn.-tnienm of the rice+sary tmI rmenrent and mag ,21 pnwlde the time, terms. and conditions of ,ouwt for the improvements. payment and defaults of the assessments; and ci The governing }Holy may act under this sub- 31 prescribe the interest rate on the msessmert. ,halter through resolution. Iroti,,n. order. or ordi- not to exceed 10 percent a rear. nonce unless an ordinance is specifically- required. ih) The governing body may issue in the name of The gucenling body may adopt. by resnlution or ordi- the municipality assignable certificates in evidence of nancrany rules appropriate to the exercise of its assessments levied under this section that declare rte powers under this subchapter, including riles relating lien on the property and the liability of the owners to notice and hearing under this subchapter, whether named correctly or not. The governing body iii The governing body may not assess a special may set the terms and conditions of those certificates. tar or assessment against a railway, street railway, or If a certificate substantially states that the required interurban right-Of-Wily to defray a portion of the cost proceeding relating to improvements referred to in of the improvements to the municipal water or rani- the certideate has been held In compliance with law tar. sewer system. I and that all the prerequisites to the fixing of an assessment lien against the property described in the e) This subchapter does not affect the law of this ! certificate and the personal liability of the owner of orate relating to the duty of it municipality to furnish the property hate been performed, the certificate is Water or sewer service in its proprietary capacity. prima We evidence of all the matters recited in the " 1%7, 70th Leg. ch. 149. 1 1, efT. sept. 1, 1997, certificate, and further proof is not required. In a 5 192.0635. Repealed by Acts 1991, 72nd Leg, ch, suit on an assessment or reassessment in evidence of 92, 1 1, err. May 15, 1991 which a certificate may be issued under this subehap. ter, it is sufficient to allege the substance of the 1 102.065. Declaration; Costs: Estimated Assew recitals in the certificate and that those recitals are ment true. Further allegations with reference to the pro. (a) In the ordinance or resolution that declares the ceedings relating to the assessment or reassessment need for the improvements, the municipality: are not necessary, [11 must state the general nature and extent of (c) An assessment against benefitted property tin- the improvements; and der this section is collectable with interest, cost of collection, and reasonable attorney's fees. The asaess- 121 may direct that detailed plans, specifications, men,ls a first and prior lien on the assessed property and cost estimates for the improvements be pre- and the lien takes effect on the date that it notice of pared and submitted to the governing body. proposed improvements is made under Section (b) The cost of the improvements may be paid 402.067. The lien is superior to any other lien or wholly by the municipality or partly by the municipals- claim except a state, county, school district, or munici- pal property tax lien. The assessment is a personal owners. If any part of the cost is to be paid by the liability and charge against the owners of the assessed benefitted property and its owners, the governing properly on the date on which the lien takes effect, body of the municipality must prepare an estimate of whether or not the owners are named In a notice, the cost of the improvements. The governing body instrument, certificate, or ordinance provided for un- must prepare the estimate before any improvements j der this subchapter. are constructed, either before cr after bids for the ; (d) The municipality may make assessments against proposed construction are received by the municipals- several parcels at benefitted property in one assess- / ty, but before the hearing required under this sub- met,, tf the parcels are owned by the same person. ` chapter is held. The mr iicil ality may jointly assess benelitted proper- Acts 11~74, 70th Leg.. ch. 149. # 1. Of wpt. I. Vitt, ty owned jointly by one or more persons, I Sn.065. Assessment Provisions Acts 19ti7, loth Leg., ch. 149. 1 1. elf. Sept. 1, 1997. sal By ordinance, the governing b~ly of the munici- 1102.066. Apportionment of Assessments polity may !a) Except as provided by Subsection (c), the mu- • 1 ill assess not more than ninatenths of the e,ti- niefrality shall separately compute the cost of the mated rest of improvements against the henefitttsi water or sewer improvements and shall apportion the pi,,perty and the uwners of that property part of the cost of those improvements that may be 715 ~Y • • ,s - a I I I 3 402.066 L WAL GOVERNMENT COOK: a„c,,erl against the henefi¢ed prolad15 and the (Aln. pa1Lt;• dnd in the name ~~r ather designation of the Cis of the property, amnng the parcel- of the heneilt- water er -ewer system to uh)ah the notice relates, red prol>crty and the owners, in dcuordance with the Act- IVrT. -Arch Leg, rh. 1V4 5 L off, wr, t, I, 1'Isl. font foot rule. rh) Cnder the front foot rule, the governing bode of 4 4112.06S. Exemptions; Personal Liability for A&. the municipality shall assess each parcel of heretitted sessment property according to the number of lineal feet of the cal All property, in,9cding church and school prop. parcel that abuts on a puhiic street, irrespective of the ertr, is subject to a tax rr assessment authorized for location of improvements constructed under this sub- local improvements under this subchapter. However, chapter relating to that parcel if the improvements this subchapter does not authorize the municipality or provide water or sewer senice to the assessed parcel. its governing body to fix alien against any interest in The governing body shall assess a corner lot based on property that Lv exempt from the 'ion of a special the shoncr side of the lot that abuts on a public assessment for local improvements under the mnstitu- street. Lion of this state at the time the lien takes effect The (c) If, in the opinion of the owner of such a property is personally liable for any governing tidy. applica- assessment made in Connection with the impovement lion of that rule would result in injustice or inequality and the municipality may refuse water or sewer set. in particular cases, the governing body shall apportion vice to the owner until the owner pays the munictipah. and assess those costs in the proportion it Considers ty the assessment made against the property or as just and equitable, taking into account the special amount equal to the assessment made against private benefits (n enhanced value to be received by those i property of equal or comparable size. The fact that owners, and shall adjust the apportionment so as to an ordered improvement is omitted as to property, an produce a substantial equality of benefits received and interest in which is exempt, dory not invalidate the burdens imposed. lien or liability of tossesamenl made against any other Arts 1987, 70th Leg., ch. 149. 1 1 (T. Sept 1, 1987, property, 0 4fr2.p67. Notice of Proposed improvements; (b) The municipality may enforce alien Created Lien against any property and the personal liability of the owner of the property by an action in a court hniq (al If the governing body or the municipality pro- Jurisdiction or by sale of the assessed property to the poses to levy or assess any of the cost of improve- manner provided by law or charter in effect in that meats against the benefitted property as provided by municipality for the sale of property for municipal Section 4MOGS, the governing body may file a notice, property toes, signed on behalf of the municipality by the municipai (C) As an aid to enforcement of the babr7ity imposed clerk, secretary, mayor, or other ofrtcer performing by the assesament, the municipality may rehue to the duties of those officers, with the county clerk of connect or may disconnect eater or sewer service to a the county in which the property is located. The parcel of benefitted property during 0,e period in notice must substantially show that the governing whleh there is a default in the payment of any amannt body has determined by order, directive, or otherwise assessed under this subchapter against the parcel or that water or sewer system improvements are reces. its owner. sary, identify the required ima^:ements by location Acts 1987 70th Leg. Sept. t or otherwise, state that a portion of the cost of the • ch. 149, 1 1, elf. . 1987. improvements Is to be or has been specially assessed } 402.069. Notice and Hearing Requirements; At as a lien agabist the benefitted property, and describe peal that property. One notice may contain any number of systems or improvements. (a) The municipality may not make an Assessment under this subchapter against any benefitted propertY bl It is not necessary that a notice under this until it has girai notice Arid p:wiueu an opporiurI•; section give details or be sworn to or acknowledged. for a hearing es provided by thit section. The mania 9 O The governing body may file the notice at any time. polity may not make an assessment against any Neer The county eler rith whom the notice Lc filed shall Stied property or the owners of the property in enw+ record the notice in the records of mortgages or deeds of the enhancement of value of the property caused by if trust and shall index it in the name of the munici. the improvements w determined by the hearing 716 ly 1, 7 7, • • HATER AND UTILITIES § 102.070 n" 1 -e mnnu•ipsd)ty hall deliver the notice re- :nn- pmt -f such an ussessment mature before the ~.IIId under this section in tia•iiinir by mailing the acceptance by the municipiiit' of the improvements nv to the addres, of the nvner of the jr-,1w tY or fir which the assessment is levied. the p'lson who lust paid taxes on the property as III) A person who owns or claims ase.c<ed property. 6arrmined by the municipat tax rolls. The municipal- .r, must mail the m,tice before the 10th nap before the or an interest in that property may appeal the asses Mete set h.,r the hearing and must publish the notice at ment hawed in the amount of the asses mart; r,n any !east three times in a newspaper of general circulation inaccuracy. irregularity, invalidity, or insuiftcierncy of In the municipality in which the special a-ae~smcnt tax the proceedings or contract relating to the assess- is to be imposed. The municipality shall publish the meet; or on anything that is not within the dscretm fiat notice hefure the loth day before the date set for of the governing body of the municipality, boy bringing the hearing, proof of the mailing and publication suit in a court of competent jurisdiction within 15 days constitutes proof that all the notice requirements of after the date the assessment is levied. A claimant this section have teen met, who does rot bring suit within that time valves the ice A notice is sufficient, valid, and binding on 211 right to contest any matter that might have been presented at the hearing and is barred and estopped Persons Ptcerest req in who that own rty notice; tproperty or an from contesting the assessment or the proceedings m property it the he and contract relating to the assessment in any man- 11) generally describes the nature of the improve- ner. The I defense to an assessmtnt in a suit menu for which the municipality proposes to make brought to enforce the assessment is failure to publish as-sessmenu and to which the notice relates; notice as required by this section or that the assess- (2) describes the water or sanitary sewer system ment exceeds the amount of the estimate. The words to be improt'ed or the portions of that system to or acts of any municipal officer or employee, including which the improvenri relate; a member of the governing body, do not affect the (3) states the estimated amount per front foot force and effect or this subchapter, except for offIcial proposed to he assessed against beracrated property actions of the governing body as shown in its written or the owners of the property; proceedings and records. 4) describes the property benefitted by each sys- kiv 1987, 70th Leg, ch. 149, } 1, off. Sept. 1, 1981 tent or portion of system with reference to which the required hearing is to he herd; ¢ ;02.Di0. Change; Abandonment t5) states the estimated total cost of the improve- ments on each system or portion of a system; and W Except as limited by this section, the governing (6) states the time and place of the hearing. be v of the municipality may change plans, methods, rd) The governing body of the municipality shall co racta, or other proceedings relating to improve- conduct the hearing Each person who owns or menus. riaims benefuted property or an interest in that prop- lb) The governing body may not snake a change I is entitled to he heard on any matter to which a that substantially affects the nature or quality of the hearing is a constitutional prerequisite to the validity mprocemenu unless the governing bbd}', by a two- train assessment authorized by this subchapter. Such thirds vote. determines that is is impractical to pro- d person may contest the amount of the proposed Geed with the improvements as proposed. as.wsement, the lien and liability for the lien, the • -pedal benefits claimed for the property to be im- ic) If a substantial change is made after a hearing proved and its owner by means of imprvnernt is for has been ordered or held, a new cost estimate znd a which assessments are to he levied, and th- accuracy, new hearing with proper notices is required unless the ' surCciency, regularity, and validity of the • roeeedings improvement is totally abandoned. and any corntraS in connection with the imprvaernI d) A change in or an abandonment of imprvt e- and proposed assessments. The go%ernirg body may meets requires the consent of any person who has ennect any d .;mee and may detesIsa the contracted with the municipality for the construction 0 amounts of the asse a,sesamenta and other necess:ury •y mat- or the improcemenr+. ~ ~ {7 tare. By ordinance. the municipality may close the hearing and may levy the assessment for improve- it) If improvements are abandoned, the municipah- ment, N f,.ore. during. IT after the c,.m,truction of ty shall pass an ordinance that cancels any assess- those imin•ovenna)t,The mamicipalitc may net make meet, alreariy' levied for the improvements and that Iii 'Y't0 • • A I 5 402.070 LOCAL GOVERNMENT CODE cancels any other prnccedincs relating to there Ion- 121 has twn suSlivided or platted Ly' a coal,.., provements. plat that is filed for record in the office of ar; ;lets Ilu7. 70th Lee., ch. 1460. : L Of. SkI It I. Iln".. suuia,% clerk and that contains a dvlicatirm of 111 property for public use for a street or alley nght.a 4 402.171. Corrections; Reassessments way or for a public utility eascmcnt. (a) If an assecment is determined to be invalid or ibl A municipality located in a county with a WPa unenforceable, the guverning body of the municinality laticn of less than ,00.000 may not make an asses. may mrrv ct any deficiency in the proceedings relating ment or other charge for the construction of imprme to the assessment or any mistake or irregulanty in ments to a water or sewer system against any proper connection with the assessment. The governing body ty or property owner, regardless of who initiates the may make and levy reassessments after a notice and request for the construction, unless the property a hearing that comply as nearly as possible with the located in an area that has been subdivided or platted requirements for the original notice and hearing, and for at least the 10 years preceding the date of the subject to the provisions relating to special benefits. assessment. A recital in a certificate issued as evidence of a Acur 1%7r 701h Leg.. ch. 149, 1 1. eR. Sept. 1, lAr4 reassessment has the same force as a recital in a certificate related to an original assessment 1 302,074. Authorized Investment (b) A person who owns or claims an interest in A certificate of special assessment tcsued under this property against which a reassessment is levied has subchapter, including it certificate issued under & joint the same rigid of appeal presided under t sub proceeding under Section 402072, is a legal and cu- appeal within for withhin in n15 s! days It the person does s not tthorized investment for a bank, savings bank, trust es after the data of the hearing relating to the re reassessment, the provisions of Section company, savings and hen association, insurance tom- 402.069 relating to waiver, bar, estoppel, and defense pony, sinking fund of a municipality, county, schW apply. district, or other political subdivision of this state, and Acts 1987, 70th Leg„ ch. 143. 1 1, eff. S:-pt 1, 1987. for all other public funds of this state or an agency of this state. 1 302.072. Joint Proceedings Acts 1997, loth IA-g, ch. 149, t 1, elf. Sept. 1, 1987. The municipality may make the improvements and 1 302.075. HomeRule Municipality assessments provided under thL% subchapter in con- junction with the street improvements and assess- j A home-rule municipality to which this subchapter ments provided for in Chapter 106, Acts of the 40th applies may adopt plans and specifications for m- Legislature, Ist Called Session, 1927 (Article 1105b. I pmvements as provided by this subchapter and may Vernon's Tex-s Civil Statutes), through a joint pro- ` pay in cash to the contractor who is the successful seeding. If a joint proceeding is conducted, only one bidder that part of the cost assessed against the hearing is required, and the procedure required under owner and the benefitted property. The municipality this subchapter controls. The municipality may issue may reimburse itself by levying an assessment against a single assessment certificate against a parcel of the benefftted property and its owner after notice and benefitted property and its owner in evidence of the hearing as provided by this ;ubrhapter. The mut» d- total assessment made frr all improvements made pahty may reimburse itself op to the amount of the under this subchapter, including street improvements enhancement in value represented by the benefits and made in a joint proceeding. if the amount assessed for as permitted under this subchapter and may issue each class of improvements is set out separately and assignable cert:hcates in favor of the muttiripatity for distinctly in the ordinance under which the assess- the assessment. The certificates are enforceable in merit is made. the manner provided by Section 402.065. The munid- Act. 19A7, 71hh Leg- ch. 139, a 1. of?. Sept. 1, 1987 . pality may use its own forces to make the improve- A Lr^.073. Restrictions in Certain Counties menu if the work may be performed more expedi- • tiously and economirally in that manner. ial In this section. "subdiv fled or platted propetty" Act- 1'3;•7. Toth Leg., ch, 149. 1 I, eff. Sept 1, 1987. means property that: I II has beet, platted under Chapter 212; or [Sections 402.06 to 40-2 9W reserved for expansioul its -T I • • Agenda No. 9~Q ~d Agenda lleniAl 3 ' . Date_ 3 -4597 CITY OF DENTON, TEXAS CITYNALL WEST, 221 N. E1M DENTON, TEXAS 16201 (81> 586.8350 , DFW METRO 434.2529 Planning and Development Department MEMORANDUM DATE: March 25, 1997 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Rail Crossing for Nottingham As Council is aware in the first and wcond years of the CEP plan the Nottingham project is scheduled. The project will connect Nottingham and Mingo across the tracks to the southbound portion of Audra. This will require a rail crossing. When the project was suggested staff indicated that in order to get this rail crossing we would have to "trade" a different crossing for this crossing. Staff has been analyzing the rail crossings along Mingo in this area. We have done traffic counts, looked at geometries and safety issues of all of the crossings. We would recommend eliminating or "trading" the Willis Street crossing for the Nottingham trussing. Willis has the least amount of traffic. Its bordered by the Service Center for part of its frontage and we can help divert traffic from this intersection since City employees use it. Finally, its alignment and narrowness make it the least desirable crossing to keep. • Therefore, in order to proceed forward we would recommend that Willis Street be closed in order to facilitate the crossing at Nottingham. Will be happy to answer any questions Council might have at vour convenience. t _ • ice Svehla, Deputy City Manager • ~ RS: lah pc: Ted Benavides, City Manager AXXCOC45 "Drdicatedto Quality Groin" i I • I I a r r I, f ffr//rlrr apT;.RM 10- Inr*L$0olr~+rra. 0` E UNIV N~ 401 f •P L ! 1 FA/ "17 ~ [-i~ N yp i %r11 E9 r I,` d, ~rf r a+ flr r r~ ti 1 lSld91/90D4~ II r~ lrY}~' 1~ I ~1 E~E~lllfa0~~~`I•M~`%~ r/ ! - r1r YI W a* } ~ I A. r W wr j/ ►~11~y 1F A. w 1 VI E E S i rs~ j All too ~I m, w~.a..rMl a ®c III pip II•II Ila Ir~~n CE e II(I ~~5~~ d I I,A' MOQO ILII 1 41,~Y~ r 10 p vrf' r/ n A~=}~~ I~~lo NFL.. K I I KJt)Ji n `°.rrsp 'f } i n I, ~I rq 15 Itl TV:~rar v'.I ,r-a,~wi,'. y lr ? l r .~1~ ~'4~~'1d IY,M~~~ - o r t i. 1 ddd G r i t [ J r-M000LAND ~ a 1 1, , ;~nNDYMlrrft+. ' IONIA yy 1~1'~ j~ r fYl~~r~y 171r~1 ,I•.. 1 ,U r91,~ i I r" Poo, MoltMPPA"w GPM 13`w•r r rl 1, f•' 4 I J a r V I y Pr r~ TENNIS COURTS I Y'' 1 rl - I VON 11 r ~rr + a rr 1►+ J f 11 {I ~54~1 i j ~.1,'] III 1 BEiipwi io6l X r wu c u l r'{ 1 ~y 1 q ► 1 1.1._Y 1, l O f ~41I~~ ;;,,II d I• Irff 1 . i.rM kA{Idn, u I ® ( - z 4 I I M,Mf 1- t it - f~j~yyE<{~Nk►..a rf . 4 op T I o - /f a j, _ llj II r1 , I I'I I r[ r 1' y a V r o f r 11RiNT~Rtl~,fo1+Yj t 1 _ f" tat TllhAt e ts~ 2 1 # { aI M ~ f J • ~ ~ Iilrocpsyrrar~ ~dr{~►I I~ ~ i ',~'rr'f~ ~.rlIL~1'rD~itF ~ " HHISPEAIN6 (14M5 • , l 1 ~ z 1 I~C ,l~~ICENTEA IIN1~ rrr+ad=~19 ~ ally 1 l~l :.i~111~ O" 1 r 1 , - , J -r. oak P104 DAiVEr'1 /I 1 . I i " rr1 ( r. ILA I + , f gyp{ F. I'L S d II + r L IS Y tH.4I~!. gip., r~r 1 ` t~z ~Cl+,.J a tf IIMr •rrrr rr I ■'I. I~E Q~~Idr W 7 147CI1 IOOH J N mow, r' i~ - Ji0 U Q I1~f1 11 ~r 1 ( ~I BLACK 0 I o RARI [ Y114,11~~I~.,..r 1f .i T£%F9.,, Z efl•`.1Rf 4t'Jp V li, PQ I''... F ~r~ARRE6 f9R r.}a11V ~~r~►1:~Ir rBK, f p,. ,J r 9 r+ u1 V r {f~l jlll illlll~ • r- • 'r- t 1 1 w~ y w a `4f1I1~ rT2;~ R~h9~~ ~rl .tea:. r r ~ s a "!.1 e uer ? Ila ■ t a r r ) I UI PAISLEY piAfEl 7j.~ ~t i l 17 r - + h4~k1 S : a. 1,• 7 !I ! q4, u' r .1 ~~.M~~ .~.,.t Al.] yq~ -Q¢ W~✓ /7~ ` 1 [ 'I' 1 '"Y ,S~14r i4 ~~lrlkd , aaay~ ~r~` + I SfL O tt QI .r • r,.+w..r l lGiSLE a., I t Joe r J r`~ it j , ,f f, Yj lrl I a i} [I dlllf 1116'R' 111Ir 1•II rr 1 1 ti~ 1 r i r` •'f> r j.[ rt,l$"(IN121R r' r • d ` rw I. +l 11 f r 1'.~.r,f 1,. N fr, rM r r♦ I•I I +~i M r.. is i f r, I'r ~y.. i J X w j w 1 '1, li ~ ~ ~ f • ,F d' I, t I~ ~1 I I a(10UBL E04N CI' IrC •11i 1 'I f.~ T r 1. Dz~ t` v+r t~"~ 1 r ~pgLE~y) ~..~1 j; # /II + r all .0 4 r r•.~'€di ~ [ Jd ?t ~ to ~~,r I t f'I ,1 ~e rt•r a ~Bwv i' f 1 1 J 1 1 l PRIM ~ l • • r r Agenda No. 97-0/01 _ Agenda Item _5350L~ a r-9~ CITY COUNCIL REPOR'C Date TO: Mayor and Members of City Council FROM-, Rick Svehla, Deputy City Manager DATE: March 25, 1997 SUBJECT: Consider adoption of an ordinance annexing a 286.57 acre tract located north of Brush Creek Road and east of U.S. lfi~y 377; establishing temporary agriculture "A" zoning district classification and providing for an effective date. (First Reading, A-75) RECOMMENDATION; The Planning and Zoning Commission recommends approval. (5. 1) SUMNIARYo An ordinance annexing and establishing lemporary agriculture "A" zoning district classification on the said 286.53 acre tract is included in attachment 41. The tract is located north of Brush Creek Road and east of U.S. [INN), 377 as shown on site map included in attachment Q. Part of this tract abutting U.S. ilvy 377 is located in the City limits of Denton. City Council held wo public hearings on February 18, 1997 and March 4, 1997 with regard to the proposed annexation. City Charter requires a three fourths vote of City Council to approve an annexation ordinance. The final reading and adoption of the annexation ordinance is scheduled for City Council on May 6, 1997, LA-C, KGROUND: Realty Capital Corporation is in the process of purchasing the subject property for the purpose of developing a 142 lot single family estate type subdivision. Panning and Zoning Commission • approved a preliminary plat for this development on December 11, 1996. (Attachment 93) City Council received a report on Jaruary 28, 1997 and directed staff to proceed with the annexation. On February 4, 1997, City Council approved a schedule for public hearings. City Council held { a public hearing on February 18. 1997 and no on spoke in opposition. City Counc'I held a second public hearing on March 4. 1997 and Greg Edwards representing the developer, spoke in opposition. The Planning and Zoning Commission held a public hearing on March 12, 1997 _ • and voted 5 . I to recommend approval. I • i1 J PItO 'RAn1S DEPARTiNIENTSORGROLIPS-AJ,FECT Do All city service departments including Police, Fire acid EMS, Engineering, Utilities, Solid Waste, 1 ;.r. Parks and Recreation, Library, Planning and Development, Animal Control and Environmental Health. FISCAL BIPACT: The developer will be required to address the infrastructure needs on this site at the time of platting to include water, wastewater, drainage, access and perimeter street improvements including sidewalks. As this tract is developed in the future, the revenue benefits Hill exceed costs for municipal services. A fiscal impact calculation for a ten year period 1999-2008 ( assuming that development occurs as planned) shows that the City will collect a total of $1,302,506 in tax revenues and expend $925,602 for municipal services with a net gain of $376,904. (See attachment 05) Please advise if I can provide additional information. RES ULLY SUBMITTED: Rick Svehla Deputy City Manager Prepared by: _N • ~ ou~~ arr) ~rr) N, rsaud, Iv1RTPi, A1CP 1I Senior Planner ATTACHMENTS: (1) Oreinance (2) Site map f (3) Preliminary plat (4) Annexation schedule (5) Fiscal impact analysis (6) Minutes of P&Z meeting, March 12, 1997 J ~ RQUIRNiaiR, • l • I ATTACHMENT I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEN'TON, TEXAS ANNEXING A TRACT COMPRISING 286.57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF US HIGHWAY 377; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A," AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN 1 AE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to extend its City limits lute to include the 286.57 acre tract as described in exhibit 'A'; and WHEREAS, public hearings were held in the Council Chambers on February 18, 1997, and March 4, 1997, (both days being on or after the 40th day but before the 20th day before the date of institution of the proceedings) to allow 0 interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings woe instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on March 25, 1997; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW, THEREFORE, j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land described in exhibit 'A', attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION iC That the service plan attached as exhibit 'B' and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. • ~E TI N 11 That, pursuant to §35.15 (a) of the Code of Ordinances of the City of Denton, Texas, the annexed property is temporarily classified as "A," agricultural district, until permanent Toning is established by the City Council ` I SECTION IV; That the City's official zoning map is amended to show the temporary "A" agricultural district classification of the property annexed • • SECTION V: Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declareF it to be its purpose to annex to the City of Denton all the real properly described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or ~I 3 j is • r i I w ithin the limits of any other city, town or village, or is not within the City of Denton'sjurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECEOIN14: That any person tiolati-g any provision of this ordinance relating to the Temporary "A" Agricultural District shall, upon conviction, be fined a sur.: not exceeding $2000.00. Each day that a provision of th's ordinance is violated shall constitute a separate and distinct offense. SECTION VII: That this ordinance shall become effective fourteen (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 newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this, the day of , 1991. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_ - PAGE • _ r "EXHIBIT A" 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 James Severe Survey, Abstract Number 1164 and being a portion of that 304.995 acre tract of land described by deed to MXTX Properties, Ltd., recorded in Volume 3114, Page 731 of the Real Property Records of Denton County, Texas and being part of a 5 acre tract conveyed to W.D. Gaston by deed recorded in Volume 596, Page 682 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the present Denton city limits as established by Ordinance 69.40 (Tract ill), said point lying 500 feet southeasterly of and perpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive) and said point lying approximately 2,230 feet south of the north Pne of the James Severe Survey, Abstract Number 1164 and said point lying on a south line of said 304.995 acre tract; THENCE North 27" 49' 14" East 500 feet parallel to and southeasterly of the centerline of U.S. Highway 377 (Fort Worth Drive) along said existing Denton city limits line (Ordinance 69.40 (Tract 111)) a distance of 1,584.93 feet to the beginning of a curve to the right whose radius point bears South 62" 10'46" East a distance of 3,319.80 feet, and whose central angle is 13° 5T 40"; THENCE northeasterly along the arc of said curve 500 feet parallel to and southeasterly of the centerline of U.S. Highway 377 (Fort Worth Drive) along said existing Denton city limits line (Ordinance 69-40 (Tract 111)) a distance of 808.93 feet to a point for corner, said point being the southeast comer of a 2.5 acre tract disannexed by the City of Denton by Ordinance 80.1 (Tract One) and said point lying on a north line of said 504.995 acre tract; THENCE North 88° 34'45" East departing said Denton city limits line continuing along the boundaries of said 304.995 acre tract a distance of 1,171.23 feet to a point for corner; • THENCE North 05° 4749" East a distance of 193.72 feet to a point for corner; THENCE North 88° 38'45" East a distance of 1,240.69 feet to a point for comer, ' said point being the northeast corner of the James Severe Survey, Abstract Number 1164; • THENCE South 00°4T 13" East a distance of 4,847.75 feet to a point for corner, • THENCE with the meanders of the Graveyard Branch creek the following 17 calls: (I.) South 86° 47' 00" West a distance of 47.26 feet to a point for corner; I • • (2.) North 28' 28'00' West a distance of 122.60 feet to a point for corner; (3.) North 43' 43' 00" West a distance of 98.90 feet to a point for comer; (4.) North 23' 56' 00" West a distance of 175.20 feet to a point for comer; (5.) North 70' 49 00" West a distance of 64.00 feet to a point for comer; (6.) South 66' 40' 00" West a distance of 87.10 feet to a point for comer; (7.) South 44' S1' 00" West a distance of 139.40 feet to a point for comer; (8.) South 65' 15' 00" West a distance of 223.20 feet to a point for corner; (9.) South 57' 21' 00" West a distance of 124.60 feet to a point for corner; (10.) South 50' 28'00" West a distance of 223.90 feet to a point for comer; (11.) South 55' 10'00" West a d stance of 109.80 feet to a point for comer; (12.) South 78' 59' 00" West a disv.nce of 72.80 feet to a point for corner; (13.) North 37' 46 00" West a distance of 102.40 feet to a point for comer; (14.) North 41' 50' 00" West a distance of 73.40 feet to a point for corner; (15.) North 51' 58'00" West a distance of 86.60 feet to a point for corner; 'stance of 202.40 feet to a Pont for comer, (16.) North 73 5 1 00" West a dl i ; (17.) North 75' 25' 00" West a distance of 17.11 feet to a point for comer; THENCE South 00' 00'44' West a distance of 467.83 feet to a point for corner, said point lying on the north right-of-way line of Brush Creek Road; THENCE West along the north right-of-way line of Brush Creek Road a distance of 723.25 feet to a point for corner; THENCE North 00' 08' 54" West a distance of 2,888.09 feet to a point for corner, said point being the northeast corner of a 5.639 acre tract conveyed to M.D. )ones by deed dated September 8, 1972 and recorded with clerl a file number 15833 In the Deed Records of Denton County, Texas; THENCE North 89' 18'47' West a distance of 1,450.36 feet to the POINT OF BEGINNING and containing 286.57 acres of land. - annex4,%pd 1.3 1.97 • • • v f • • EXHIBIT "B" SERVICE PLAN CASE 4: A-75 AREA: 286.57 acres LOCATION: North of Brush Creek Road and East of IIWY 377 Municipal services to the site described above shall be furnished by or on behalf of the tht City of Denton, Texas, at the following levels and in accordance with the following schedule: 0. Police Services 1. Patrolling, response w calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimsic ievelopment of the area, the same level of police services will be provided I o this area as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical Services (EI1fSt 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 same Its el of fire and emergency ambulance services will be prodded to this area as are furnished to comparable areas within the City. C. WaterfMastewaterServices 4 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. De%el„ pers 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. + p I The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval cf the City Council. 7 , OVA" • • Where seater orsewcr main extensions, lift stations, force mains or other recessary facilities are installed by the developer, the developer shall be entitled to reimbursement or 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 Subdivisioa and Land Development Regulations. D. Solid Waste Collection I. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation. I 2. As deselopment and construction commence within this property, and populatloo density increases to the proper level, solid waste collection stall 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, swill be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control des ices will be installed as the need therefor is established 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. F. Fjlykonrrmenl;;l Lcalth and Code Enforcement Services 1. Enforcement of the City's environmental health ordinances and regulations • including, but not limited to the grass and weed ordinance, garbage and trash O • ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, i y,. - - - - • r. animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the innexation. These ordinances and regulations will be enforced through the r se of existing personnel. 2. Buildh g, plumbing, electrical, 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 effective 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. F.xist:ng personnel will b- 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 are furnished to comparable areas within the City. G. Planning and lU velopment Services The zoning jurisdiction 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 classification at the time of annexation. I IL Parks and Recreation Senicea Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the Cily, 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 pt,ols. 1. Electrical Distribution Electrical power will be made available to the site as required, at the some level of service currently being provided to comparable areas within the City. e - I .Miscellgncous • • 4 q i" i~ n1d1 • 1. Street names and signs will be installed, if required, approximately six (6) ► months after the effective date of annexation. 2, 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 racilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. K. Capital Improvements Program f IPl 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, pop-ilation 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 %ill 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. 1 i • - • • td • • ROPQ t~, yb ATTACHMENT 4 aP , I y ~~`urreue ~ ~ J n i , ~l f Z ~ _3 I 1 J / J ♦ 4 79-f9Ot BN}p- - 74 i crty limitsN The Hills of Argye Area in Denton City Lx, its WATER r i_-Z:-~SEWER , , I T _.r l rli~ r • 0 afl ATTACHMENT 3 1: ~ _ lit r t 1 m ~ ~ 1 O r ~ f Y/ , 1 f } . a13~. l t P / f f ) f If ~ •J%~ 1 f / />t~ \ lit IRRAI[II pII.Ca Ip,l.RO.alnarM ` J) ~r = Jf 7 I I, ' ulrbaMa acRC. 1[II.4 a, I1,\nn 1 U C . w 1nf utlol.J 1m,Va - I ~ t, -4, e Ix lWR1[Mlttb AVne•, PrArq, \ IRN,YU[Y.IIptKrt'aNOar W(Kyr, \1P.Fd iMIIMI.\IK IC~JM'pIF ` , y r\\ b11aDMlORI1PA0RlIh OMSA tl l \ I n 4M!N RWK/M14tl I,Mpn OI 1 \ . L lMr"fa pl'NIOM1 ICt.41 r11[Mi1 r~ p )I \ r meet.. - _ti j _ a new nN+t lao+uyr, mar 4 JI I' is weJ,cp rP rtwu IMRNMr1.MD I _ -;i awRalNC r.ab,n1[f. w4lK ' xorw,mudl...'a euJKMSa rli I » ~ ;i ~ ~ j1-. a waM•wt'Im lualw,lr.nbtwm I 1}' -~i•• ~f -'N24p NO rlp,,71N1N Ip 1[e LT wg1111 • 21 Ip W lP IJ[r~ N I. YAIM1 IbrK Mt AR aM1ba[Mpy _ „ 1} t I CJORIR.}CrNStiM hvN MIN •15 {7` p4o.0 u1.p1 ~ L a'WUi6[iWYIQIOrv, , IJt M,a1Mlµ • m.e IN ON O = 1{ .N RECENED 41 VMS wic a ao l IG~f 1• • I00 / r ` , / RMI VICIN111 `np ~ ® The Hills of Argyle I` e a sIN( DA III CD EAT DYIIA EVELO ENILY DEVELOPMENT ON - BA Sn,y~GC ~QQD 301 07 ACRES S IN IN TRI J. SIVERC SURVEY A-1161 r.. r:..•r ,pNC* FIINTON. DENTON COUNTY. TEXAS KRTr MNa1la Jl. rM ~ J. ml •arcmv n~.mn of I F~ pK,l ~ 1 Now~~~u~ { A~--I The Hills of Argyle OWNER tNDn•ctlE ' nn PRE LIMINA/IY PLA7 bJ R!"MIT CAPITAL CORPOAA770M CREO tDfAJJD7 IC I v mu ..r. • I, ,r ~'.ei. "'VIM OYNIpN covNM1, r(AAS }~c r~• Mrrt.. *.n Ip A ~t t~,I~.T/.l ~IIj li.f -a)I! "~''w L"Hr • - Ln VrLY-N' I ti> l a • Attachment #4 ANNEXATION SCHEDULE- A75 January 21, 1997 City Council receives a report and give direction to staff with regard to the proposed annexation. February 4, 1997 City Council considers approval of a schedule for public hearings. February 6, 1997 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. February 18, 1997 City Council holds first public hearing. February 20, 1997 Notice published in Denton Record Chronicle for second public hearing. March 4, 1997 City Council holds second public hearing. March 12, 1997 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council. OMarch 25,1997 City Council institutes annexation. First Reading of annexation ordinance. i March 28. 1997 Publication of Annexation ordinance in Denton Record Chronicle. May 6, 1997 Final action by City Owncil. Second, Reading and ado ~fon c-f the annexation ordinance. , 1 meetings in hold require four-fifths vote at City Council OMarch 25,1997- Special called meeting. i 12 • • Attachment N5 FISCAL IMPACT CALCULATION FOR THE PROPOSED ANNEXATION CF i 56.22 ACRES LOCATED NORTIi OF I3RUSI1 CREEK ROAD AND EAST OF HWY 377. METHOL21.9_GY: The per resident costs of municipal services are computed based on a total City budget expenditure figure of $33.1 million. The $33.1 million represents only that portion of total expenditures which are attributable to the provision of city services through the general funds. The total general fund expenditure includes general debt service and motor pool costs but excludes utility transfers. (a) Cost of municipal services per resident: Impacted general fund expenditures; $33,076562 Expenditures allocated to residential tax payers (72.4%) $23;947,431 Estimated total population of City (1996) 70,450 Municipal costs per resident $339.92 (b) Cost of municipal services per single family home: Current average household size for single family homes 2.76 Cost of municipal services for the average single family home $938.18 (c) Assessed value for "break even" in municipal cost/revenue: Current tax rate per $100 of assessed value .5284 } Assessed value of single family home for" break even' $177,551 ! ASSUAIPTIONS: I (a) The calculations are based on an average household size of 2.76 • (b) The current tax rate of .5284 per $100 assessed value has been used in calculating the "break even" in municipal cost/revenue for a single family home. (c) It is assumed that the site will accommodate 142 single family homes to be phased and constructed at 20 units per year commencing in 1998. The average assessed value is estimated at $250,000 per unit. • • • lei ~s FISCAL IMPACT CALCULATIONS FOR 10 YEARS 1999-2008 EXHIBIT I REVENUE CALCULATIONS YEAR_ _ _ _ 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL NUMBER OF HOMES _ _20 _40 __60 80 100 _ 120 140 142 142 142 112 ASSESSED VALUES(3) 5000000 10000000 15000000 ^^000000 _250_00000 30000000 35000000 35500D00 35500000 35500000 46500000 CITY TAXESM 26420 52840 79260 1056811 _ 132100 158520 184940 187582 187582 1117582 1302506 ` I MUNICIPAL COSTS - - - YEAR _ 19992000 _200.1 _ 2002 2003 2004 2005 _ 2006 2007 2008 TOTAL EST POPULATION 56 111 _ 166 221 _ _ 276 _ 331 387 392 392 392 392 MUN_ICiPAL COSTS(2J _ _ 19636 _ 37731 56427 _74782 938t8 112514 _ 131549 133249 _ 133248 133249 925602 NE7 l3Ali1_(~OSS)7384 _ _ 15109 22833 30898 38262 _ 46006 63391 54333 54333 54333 376904 Notes: (1)The current tax rite of.5284 Is assumed to be constant through the period 1999-2008 i (2) A per capita cost of $339.92 multiplied by estimated population as development Is phased. Average household size Is 2.76 I 3 Homes with an assessed value of $250,000 will yield 3t 321 in city taxes per unit oaf year I e Y1 t" • • P&Z Minutes March 12, 1997 LURAPT Page 8 ATTACHMENT 6 V. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation of a 286.57 acres tract located north of Brush Creek Road and east of Hwy 377. (A-75) Ms. Russell opened the public hearing. Mr. Persaua: This tract is located on the east side of liwy 377 and the north side of Brush Creek Road. You will recall that the Commission approved the preliminary plat on December 11, 1996 showing a hundred and forty-two lots in this location. There is a requirement in the Subdivision Regulations which requires staff to conduct an annexation study and report to the City Council when developments of over five single family lots are proposed in the city's ETJ. VVe started this j process back in January. City Council gave staff direction on January 21, 1997 to proceed with this annexation. We have had two public hearings before the Council and we are now hear to get your recommendation. Mr. Svehlw I would just like to add that Council has reviewed this as Harry said, and recommended to move forward. Staff sacs this as beneficial to the city and is recommending it. Nis. Russell: Is there anyone to speak in favor of the annexation? Mr. Glenn Monroe: My name is Glenn Monroe and I live on Brush Creek Road. I would just like clarification of what is going to be annexed. Air. Persaud: R'e are just proposing annexation of the Hills of Argyle Subdivision. Nis. Russell: Is there anyone else to speak in favor? Is there anyone to speak in opposition to the annexation? Mr. Greg Edwards: My name is Greg Edwards and my address is 1116 Sandpiper. Richard Meyers of Capital Realty Corp wrote a letter to the mayor on March 6, 1997 and that should be 1 in your backup. The owner doesn't feel that this would be a good deal for the city in regards to service. fie is concerned about the annexation. One of the major pnints concerning marketing is that this is a rural community, marketing it as being in the county is a benefit at this time. We • don't see annexation as a benefit to the project. The Subdivision Regulations already regulate what we do with the property, The Zoning Ordinance does not apply but we don't see this as a location for anything that would be objectionable to t1w City of Denton. We don't see where leaving it in the county would be a danger. It is a matter of dollars and whether the money generated will pay for the services. We question whether or not this is a good deal for the City of Denton. If you could wait until there are homes out there to provide service to that would help • Mr. Meyers get his project up and going. I • N:s. Russell: Is there anyone else that would like to speak in opposition? Are there any final comments? Mr. Svehda: St.,ff has recommended this to the Council after the study was done. In the past the Council has looked el annexing either when the ground is vacant and before development occurs. or after development occurs. One of the things that Council always considers is it proper to let • • 0 Mar P&Z Minutes ,March 12, 1997 f Page 9 owners and potential property owners to know that it will be in the city limits or not. Sometimes that is not easily done. This is north of the agreement line between the City of Denton and the City of Argyle, in fact land south of Brush Creek Road that you just reviewed a couple of weeks ago is already in the city limits of Denton. We think it is an easier and more appropriate time to consider annexation now. Air. Moreno: Will this create an island that is outside of the city limits for that area of north of Brush Creek Road and south of Brush Creek i:seif? Mr. Svehla: There will be a corner that is between the land south of Brush Creek and the land of west of this site that will still be outside the city limits, but ultimately that will be within the city limits. Ultimately everything north of the agreement line will be within the city limits of Dercon. Nis. Russell: We will close the public hearing. Ms. Schcrtz: 1 move to recommend to the City Council that we proceed with the annexation of the 286.57 acre tract located north of Brush Creek Road and east of Hwy 377 as proposed by staff. Nis. Russell: Is there a second? Motion dies for lack of a second. Mr. Cochran: `r'r'hat would be the consequences to the property owners in that area if they were in the city? Mr. Svehla: There would be a couple of things that could happen if they were annexed. If they start building before the property is annexed then those buildings continue as they were. ')nce the property conks in if it is not final platted then they will have to look at zoning. If they were annexed they )old cone in as Agricultural and since all of the lots are larger than one acre they could keep that zoning. Nis. Schertz: To clarify my point, during my period of being a Commissioner we have reviewed several annexations. There never seems to be a good time to annex property. You either to it • before it is developed and you don't have a room full of peop':.)r you de it after it is developed and you have a room full of people. If you truly believe that eventually this development will be annexed I promise you that it would be fairer to the potential buyer to go ahead and do it now rather than wait until they are working out of their home or doing other activities that you can't do once you're in the city. 1 was making the recommendation to proceed based on the fact that eventually chit will be annexed and I think it is fairer to the homeowners to go in knowing that • it is in the city rather than waiting until peop'e are living in the subdivision and need the services 0 • and working out of their homes or doing other activities that are not allowed within the city limits. `J Mr. Cochran: You have made a good point and if you will make the motion again I will second it. Mr. Moreno: If we take no action can the City Council still annex the property? 0 - • s v P&Z Minutes March 12, 1997 ~ J 1J~~; 11 Page 10 Air. Bucek: Yes they can still annex it, they just need to know what the Commission's recommendation is. Mr. Persaud: The annexation process is set out in the state law and we have started that process. We will be going back to City Council on March 25, 1997 with the annexation ordinance. There is a fiscal impact analysis is your backup based on information that we received from the developers and based on that over a fci, year period the city will benefit by about three hundred and seventy-six thousand dollars. I Mr. Jones: Because of the nature of this development is there going to be anything that someone would not be able to do if this was in the city limits? Would he be able to have horses? Mr. Svehla: There is an ordinance the requires livestock and those kinds of things be kept two hundred feet away from any other dwelling. A lot would depend on the location of his neighbors houses and the lot configuration, There are home occupations that are not allowed in single family developments once your are inside the city limits, Mr. Jones: If they were working out of their home or had livestock and then they were annexed would they be grand fathered in and allowed to continue? Mr. Svehla: It has been our experience that with a home occupation that we respond to those by complaints. Generally the complaints pertain to tragic. It would be non-conforming but it would have to be on the ground prior to the annexation. Mr. Jones: My point is that with this type of development and the people that would be buying houses in this development, they may not want to come under some of these city rules and that could affect the ability for this developer to market his project. Air. Cochran: It might also offer a level of security to folks and make the property more desirable. Air. Persaud: We checked on the police a- i fire services, The services from Argyle would take fifteen to twenty minutes to reach the site. From the City of Denton it would ta~se seven to eight O minutes for fire and it would be about twelve minutes for emergency police services. The Sheriffs department would take twenty to thirty minutes to respond. We feel that our emergency services would enhance the quality of life for this development. We will be providing water to this development and around the year 2000 we will run a sixteen inch water line along Hwy 377. We will be providing water through the Argyle Water Supply Corp. • Nis. Schertz: I would like to reinstate my motion to recommend thrt the city proceed with the O annexation of the 2L.57 acre tract located north of Brush Creek Road and east of Hwy 377 as proposed by staff. Air. Cochran: Second, Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-1) Mr. Jones opposed. /7 0 0 M-L qD , v ILE o ' M ~ o 0 Wool