HomeMy WebLinkAbout09-23-1997
City Counci
Agenda Packet
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September 23, 1997
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AGENDA
CITY OF DENTON CITY COUNCIL
September 23, 1997
Work Session of the City of Denton City Council on Tuesday, September 23, 1997 at 3:00 p.m.
in the Police Training Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas
at which the following items will be considered:
NOTE: A Work Session is used to explore matters of 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 trotting of the Council for citizen input,
City Council deliberation and formal City action. At a work session, the City Council generally
receives informal and preluninary 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 citizen'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 brill 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 auetding the regular meeting the opportunity to
hear the views of their fellow citizens without having to attend two meetings.
3:00 p.m. 1. Presentation by Linda Cherrington regarding planning for transit-
oriented development.
3:00 P.M. 2. Receive a report and give staff direction regarding amending
Chapter 33 'Signs and Advertising Devices' of the Code of
Ordinances relating to the prohibition of off-premise signs within j ,
the City of Denton and both off-premise signs and portable signs
within the extraterritorial jurisdiction of the City of Denton and
amending regulations applicable to temporary and nonconforming
signs.
After determining that a quorum is present and convening in an open meeting, the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, September 23,
1997 at 6:00 p.m. in the Police Conference Room of the Denton Municipal Complex, 601
E. Hickory, Denton, Texas, at which the following items will be considered:
L Closed Meeting: r
A. Personnel Matters Under TEX. GOV'T. CODE Sec. 351.074
1. Consider duties, evaluation and salary adjustments for the City Manager,
City Attorney and Municipal Judge.
B. Deliberations concerning Real Property--Under TEX. GOVT. CODE Sec. %
551.072.
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City of Denton City Council Agenda
September 23, 1997
Page 2
1. Discuss and consider approval of an ordinance authorizing the City
Manager to execute a revised real estate contract option to acquire
additional real property wherein the City of Denton, Texas obtains rights
to acquire a certain 18.969 acre tract of land situated in the David Hough
Survey, Abstract Number 646, for public use.
C. Conference with Employees Under TEX. GOV'T. CODE Sec. 551.075. The
Council may receive information from employers or question employees during
a staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN
MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF
THE OPEN MEETINGS ACT.
Special Called Meeting of the City of Denton City Council on Tuesday, September 23, 1997 at
7:00 p.m. in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory,
Denton, Texas at which the following items will be considered:
NOISE EXCEPTION
L Consider a request for an exception to the noise ordinance for a "Pops in the Park"
concert on Sunday, October 5, 1997 from 3:00 - 6:00 p.m. in the Civic Center Park.
PUBLIC HEARINGS
2. Hold a public hearing and consider an ordinance to rezone 17.732 acres from the
Agricultural (A) zoning district to the Light Industrial (LI) zoning district and 11.684
acres from the Agricultural (A) zoning district to the Heavy Industrial conditioned (HI(c])
zoning district. These tracts are located on the west side of Interstate 35 West, south of i
Airport Road and north of metro Street. (Z-97-014) (The Planning and Zoning
Commission recommends approval 5-2.)
3. Hold a public hearing and consider an ordinance to rezone 1,849 acres from the Single
• Family Conditioned (SF-7[c]) zoning district to the Planned Development zoning district • •
with approval of a detailed plan for an amenity center. The 1.849 acres is located
approximately 2,000 feet southeast of the intersection of Lillian Miller and Teasky Lane.
(Z-97-021) (The Planning and Zoning Commission recommends approval 7-0.)
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City of Denton City Council Agenda
September 23, 1997
Page 3
VARIANCES
4. Consider approval of an exaction variance to Section 34-11445) of the Code of
Ordinances concerning perimeter street paving. The 0.499 acre tract is located southwest !
of the intersection of Sunset Drive and Bolivar Street. (T, N. Skiles Addition) (TU
Plannk; WA 7nning Commission recommends approval 6-0.)
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment ruder the
Ordinance section of the agenda.. Detailed back-up information is attached to the ordinances
(Agenda items 5-16). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 5.16 below will be approved with one motion. A citizen may not speak `
or fill out a 'request to speak" form on an item on the Consent Agenda unless the item is
removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall `
then be considered before approval of the Consent Agenda, {I
5. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid 12091 - Janitorial
Services - Recreation Centers)
6. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid 02093 - Arm W
Price Agreement For Compound Water Meters)
~ 7. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid 12100 - Portable
♦ Trash Pump)
8. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid 02073 - Cooper Creek ,
Drainage Basin Manhole Rehabilitation and Repairs)
• 9. Consider adoption of an ordinance accepting competitive bids and providing for the `
award of contracts for public works or improvements. (Bid 02087 - Township II
Wastewater lining Project)
10. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid 12089 Manhole
Rehabilitation Project)
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City of Denton City Council Agenda
September 23, 1997
Page 4
11. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding
a contract for the purchase of materials, equipment, supplies or service. (RFSP #2086 - t
R. W. Beck & Associates Inc.)
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12. Consider adoption of an ordinance authorizing the execution of an amendment to a
contract between the City of Denton and Application Control Engineering providing for
an increase in the scope and price of the contract. (PC #77189 - Application Control
Engineering)
13. Consider adoption of an ordinance providing for the expenditure of funds for emergency
purchases of materials, equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of competitive bids. (PC
#77833 - Greenville Transformer Co.)
14. Consider adoption of an ordinance authorizing the execution of a change order to a
contract between the City of Denton and Furstenberg Construction Co.; and providing
for an increase in the purchase order price, (PC #73330)
15. Consider adoption of an ordinance approving the 1997 tax rolls for the City of Denton.
16. Consider adoption of an ordinance authorizing the City Manager to execute a revised real
estate contract option to acquire additional real property wherein the City of Denton,
Texas obtains rights to acquire a certain 18.969 acre tract of land situated in the David
Hough Survey, Abstract Number 646, for public use; authorizing the City Manager to
execute any and all other documents necessary to consummate the purchase or acquisition
of real property in accordance with said contract; authorizing the expenditure of funds
therefor; and authorizing the establishment of a sinking fund therefor.
],TEMS FOR INDIVIDUAL CUNSIVERATION
17. Consider adoption of an ordinance authorizing the City Manager to execute a contract
for professional legal services with Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C.
18. Consider nominationslappointments to City's Boards and Commissions.
19. Consider a voting and alternate voting delegate to the National League of Cities' AmxW i
Business Meeting.
20. Possible Continuation of Closed Meeting items held under Sections 551.071 - 551.085
of the Texas Open Meetings Act, i
J 21. Official Action on Closed Meeting items held under Sections 551.071 - 551.085 of the
Texas Open Meetings Act,
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City of Denton City Council Agenda
September 23, 1991
Page 5
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CERTIFICATE
I certify that the above nonce 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.)
CITY SECRETARY
NOTE: THE CENTRAL JURY ROOM OF THE DENTON MUNICIPAL COMPLEX
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 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING
1.800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
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Agenda No.
Agenda m
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PLANNING STAFF REPORT
DATE: Sepbmber 17#,,, 1997
To: Derrbn City Cound Members
Vik Ted UnaMu. Gty Manager
FROM: David HN, PtaonN and Development Otedor
K"CT:
Mork U bn Aeeerrbdm by U!C CorrauMhpr, kK,
The preswWm m" regarding fie wwff rq worts session presentation on Sepbmber ?3d,
1997 is attached for your review. The ouiro wi abo be Needed out b llwift of tlw audinoe at
ft work session.
This is fie fW in a m-m of presenlabrra scheduled b assist City Cound n mtm and PdZ
oomMasiorbrs ac poky dod$ione are made during t * devebprnw of the Denbn Man. The
bdent d fhis Particular preaerrhlon b b provide kriomnbn important b W&dta *Q hoar our
devebpnbrrt deaeiona aped fie dye abigr b address nbblky ob~ecfives. ,
K you have any raue*m, please don't hesitate b oont+ct roe.
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DENTON CITY COUNCIL WORK SESSION
SofiWWW 2r, 1997; 3:00 - 6:00 PM
Donlon dal Compia
Pr"onto" Outdo
"Planning for Transit OrWftd DwNogMMf
t. Woduetion: Dbcunlon of ft tloe botwoen benaportolork land ego, end dowioprr"
A issues
1. Ms nwn good mobky
2. Minhin congestion.
3. Investigate p it con of urbanism
B. Cone"
1. Urban sprawi
2. Envirorrnentgeared toward aubrnobdes
3. Ir *7abon of land use punning end other areas of pubic poky ink twdpwUdm ow dng
C. Delirm Denton as part of the DlFW area `
1. Basic demographics of Donlon vs. bask ftWapfres of region
2, Major arteries W N b MW area
3. Two uniwsiW vritb reglwJ carrrrxbm
4. Internal needs such as dreMon
' 1. Problems for the room ~
A. Trafba congestion
1 Poputaion groom
2. Driving more
i 3. Most people drive alone lo work
4. Development Is reinforcing We*% changes ~ -
. 5. Loser density *m4ment • •
j 6. Suburban job centers parking is pieniU and tee
J 7. Cut ft%o taric
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B. Cha "dernograp ks aesle a demand for more traruk
1. Aping populaion unable lo dmro
2. Lag dlatanoes hm hagirg IDjobs melee wdiV k Voubb
3. Impact of weft b work k bf"s
C. Air qAft
1. Currant calla condtiorrs haw caused problems with pokom
2. CAA taws passed
3. Nvdbkrnerrt Cale fa commie ey reduciDn
M. fts" eolrrot+e
A. R6*W Projects
1. DAU-W rai
2. T mvioes
3. Trkiky R*&" Fxms-ommubr rd
Mid'aias dty bus services
B. Local PM**
1. SPAN se,r~viat,,s•
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2. SPAN staidcs
j 3. Possible new local projects
IV. Pluurfq 00 -1dammumm
A, Land we poles-Qe study
B. Zor**-c ae s>udl
C. Spr&W&n itlr-cm study
D. Ps" mdw**--cm study
E. Set-bads-case study
F. Wrkmo lot slmwease study
G. IIed u*-cm stud!
H. New dealoprnent PAW*-Case study
1. A** coolers-cane study
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Aganda No. 7~- N
Agenda Item $
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Amdv and Dtrorlr most Dwm"wnt
MEMORANDUM
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DATE: September 19, 1997
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i TO: Honorable Mayor and Members of the City Council
FROM: Dave Hill, AICP, ASIA, Director of Planning
SUBJECT: Draft Amendments to Chapter 33 of the Denton City Code;
"Signs aryl Advertising Devices'
The backup for the above listed item is being given to you in a separate notebook.
If you have any questions, please call me.
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'AJ;rord to Q~akty S.rerae' ~ ` ,
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Agenda No. - 7
AWda Item
. Date _ q ~2
VTYOF DENTON, TEXAS MUNICIPAL BUILDWO • DENTON TEXAS 7601 • TELEPHONE (8t7) 568-8307
OAfce of !Ae Crti' A(sneger
CITY COUNCIL RsPORT
TOt Mayor and Members of the City Council
FROMt Ted Benavides, City Manager
DATEt September 23, 1997
SUBJBCTe Request For Exception to the Noise Ordinance for a "Pops
in the Park" Concert on Sunday, October 5, 1997, from
3:00 p.m. - 6:00 p.m. in the Civic Center Park.
BACURUUND
The Denton Main Street Association is requesting an exception to
the noise ordinance for the use of amplified sound for a concert
performance by the UNT Symphony in the Civic Center Park on Sunday,
October 5, 1997, at 4:00 p.m. (Attachment 1).
As you know, the noise ordinance declares loudspeakers, amplifiers,
and musical instruments a noise nuisance, particularly after 10:00
p.m. Monday through Saturday and anytime on Sundry (Attachment 21.
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
The organizers have been informed that should Council approve this
request, responsible use of the amplified sound is still required
by Section 20-1 of the City of Denton Code of Ordinances. In
particular, Section 20-1(a( states:
It shell be unlawful for an person to wake or cause any
unreasonably loud, disturbing, unnecessary noise which
causes or may cause material distress, discomfort or
• injury to persons of ordinary sensibilities in the
imwediste vicinity thereof.
°C DEPARTMENTS OR GROUPS AFFECTED: r
Area Residents.
Fiscal Impact:
None.
'DtAcaed to CWray Serks"
....ems _ • r', ~.:f 7 ).1 • , . - _ 3 _~_a:: _~t~D:a•~~d _ ~A iii a*.'~:.'-•~Y. r d, -_~yi.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Aed Benavides
City Manager
Prepared By:
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Veronica S. Rolen ;
Administrative Assistant II
Attachments: 1. Request from Denton Main Street Association
2. Noise Ordinance
cc: Betty Williams, Assistant to the City Manager
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riff of DffNTM TEXU MUNICIPAL 80LOiNG ► 215 E McMNNEY • DENTON TEXAS 76201
(817) SW 200 • DFW METRO 434.2529
X Z X 0 R A N D U H
TO: Veronica Rolen, Administrative Assistant
i FROM: Denisha Williams, Main Street Manager
RE: Noise variance for "Pops in the Park*
DATE: September 17, 1997
j The Denton Main Street Association is planning a Pops concert by
the V.N.T. Symphony in Civic Center Park on Sunday, October 5, at
4:00 p.m. I have been informed by the Parks and Recreation
Department that a noise variance will be necessary in order to
have amplified sound in the park on a Sunday.
We would like to request the variance for 3:00 p.m to 6:00 p.m on
October 5. This time frame would allow time for sound checks
prior to the 4:00 concert. The concert will be called "Pops in
the Park". Amplification would be limited to the volume necessary t
for the symphony orchestra and an M.C. to be easily audible to an
audience in the park. Admission to the concert will be free,
although we will offer seating at tables for a nominate charge.
This event is being underwritten by the Ben E. Keith Foundation
and the Denton Record Chronicle.
Please contact me if you need additional information. Thank you
so much for your assistance.
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Chapter 20
NLTISANCES•
Art. I. In General. It 70.1-2030
Art. It. Abandoned Property, It 2031-2070 ,
Div. 1. Generally, If 7031-20.40
Div. 2..Not4r vehicles. It 2041-2070
Art. III. Grass sad Weeds, H WTI-20.73
ARTICLE I. IN GENERAL
Seo. 201. Noise.
rat it shall be unlawful for Any person to male or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cause msterial distren, discomfort or Injury
to persona of ordinary sensibilities in the immedista vicinity thereof.
ib1 It shall be unlawful fa any person to ranks or Cause any raise of such character,
intensity and continued duration e4 W jubataatially interfere with the comfortable enjoyment
of private horn" by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nulasness In victation of this
Code, but ouch enumeration shall not be deemed to be exclusive:
(11 The playing of any phonograph, television, radio or any musical instrument in ouch II
manner or with such volume, particularly between the hours of 10-M p~m.n~ 7,00
a.m., " to annoy or disturb the quiet, comfort or tepose of Persons Sen.
ribillties In any dwelling, hotel or other type or r"idenw,,
i21 The use of W stationary loudspeaker. amplinet or musical lnetnunwA in ash manner
or with such volume as to annoy cc disturb pereow of ordinary sensibilities In the
immediate vicinity thereof, partieuWly between the lwars of 10:00 pas. and 7 00
Lm., or the operation of such loudspeaker, ampUAee or musi~al isstrameat at any
time on SnadW. pearA4 bowever, that the city twundl may msks escsptions upon
application when the public Loteeeet *,ilk be sued tber ft
• (3) The blowing of av steam whistle attached to any stationary boUw or the blowing of
any other toad or :ar4sarhing steam whistls within the city limits, ss.cep4 to give
notice of the time to bs& or stop worst or Y a warning of dwww.
(41 The erection, esavatlea, demolition, shwatiat car repair work oa any building at any
time otbw thsa betwsea the hour of 7:00 a.m. sod 6:30 p.s., lldoaday through
O 'Cross rdaunma-Prot+ct+d slaftory bird room dalarmd nuleance, i 647; inspection
and abstament warrants, i IW at sp.; lamt and rodent mull in sA*k boom and rso• • O
restional vehicie parks, ! 3'1.91.
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120-1 DENTON CODE
Saturday; provided, however, that the City Council may iuue special permits for such
work at other hours in are of urgent nKa/ity and in the interest of public safety sued
convenisom.
(S) The creation of any loud and excessive anise in connecUoo with the loading or un•
loading of any vehicle or the opening or destruction of bales, bonus, crates or con-
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the crestioa of sois" to any performance, show. theatre,
motion pletun house, me of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966,1114-20,14-31)
Crow referstaes-Animal moise,16.26.
See. 30.1. Odors, ,
(a) it shall b: udawlhl for any person to Mats of emues Say unrwooably oodoue,
unpleasant or strong odor which emus" material distress, discomfort or Wury to persona of
ordinary sensibilities in the immediate vidnity thereof.
(b) it shall be unlawful for any person to er ew or sure any odor. stanch
with the comfortable A
character, strength or continued duratioaem to /ubetantiaU~t
eetloyment of private bones by parsa►r of ordinary (c) The followtag acts or conditions, among others are declared to be odor nuiwrxw in
violation of this Code, but such enumeration sW not be deemed to be exclusive
(1) Offensive odors bom cow lots, hog plea, fowl coops and other similar places when
animals are kept or fed which disturb the comfort and repose of permms of ordinary
sensibilities;
(2) Offensive odor dace privies other Wader ply
(3) Offensive odor his the an or pseeeeeloa of ebenieals or flea industrial peeress - or `
activities wbick dwbA the Comfort WA repose of pefeoas of ordinary eewthwus : III
(4) offnd.n odor des snob nom t!w banning of trfek rubbish. rubber. e~emiemla or
other things sr wtbetamm
(S) OQ.caiw odor 1><om staosnt poole aUowod to remain on may premtae or from
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rot ft gaAW rdisar, ON Of dad .aiaate on Any proulm
+ (Code 11e6, if 14.1% 14.111
sea 141. Garbeive k A Cited esbbisit s aiaaaeaa-4emwallr•
• (a) Storing of Aeeplnd SW6G ti basA end rtibb" The Aming or keopbw of say and all
stacks, heaps or piles of aid laaber, re tis. *.k. old we or mackleery or paste dwso4 ~ • •
J garbage, trash, rnbbisfs, sorop ea6w4d, rwmmk demah" or pertly domWAed structures or
buildings, piles of otoese, bricks or Waken rods an may pralsan b"derlas mw paUk street
SuM. ice. 1 13110
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C" COtl"M REPORT Ate, Me. Q 7 ' U
ApMd+t Ile ,
May(w Ow lYhfflbara d ftla City COLAd k
FROM: David W M PMrV*V D ICW
DATE: Sapbmbsr 23, 1W?
81 GIACT: PAW a PLt*o howirtp and oormidR an ordirwm tD ,aeons 17.732 ao»a ftm #0
AWkLft sf VQ wnk1D dWk* b 00 U911t Irld, - - M nor a dW*•'1 and 11.04
aorss torn too A&t&O rW (A) Ax*V dekict 10 to KNIVy trrdu*W Condlrornd
(HIaD nonft d ebtL 7hm tracts are WNW an !t• want aide of I It~rIlats 35 Waal,
aou h of Airport Road and nosh of Marto t'ie'wt
RECOMMENDAT10N
The Planning and Zoning commission recommended approval of the rezoning request (5.2)
at its meeting on August 27, 1997,
SUMMARY1
See Planning and Zoning Commission Report
BACi!GROUND:
See Planning and Zoning Commission Report
PROGRAAMS DEPARTMENTS OR GROUPS AFFECTED:
Not apPlNe.
FISCAL IMPACT:
None.
Please advise it I can provide additional Information.
RESPECTFULLY SUBMITTED,
Rick Svehta
Deputy City Manager
Prepared by:
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DorW { Bateman
Senior Planning Technician
t Approved by:
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1 vid M. Hill
Director Planning and Developmerri
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Attachment #r4: Planning and Zoning Commission Report.
Attachment #2. Planning and Zoning Commission Minutes from August 27, 1997.
Attachment #r3: Ordinance. }[~y pL
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ATTACHMENT 1
STAFF REPORT
To: Mayor and Members of tt>a City Council
From: Planning and Zoning Commission
Date: Sapternber 23, 1997
Subject: Z-97-014
gENERAL INFORMATION
Applicant: Mr. Craig Scott
Lattimore Materials
1001 East University
McKinney, TX 75070
Owner. J.W. Jagoe, Jr.
405 Jagoe
Denton, TX 76201
Action: Request to rezone from the Ag icultural (A) zoning district to the
Light Industrial (U) zoning district on 17.732 acres and Heavy
IndustrW conditioned (HI(c]) on 11.684 acres.
Location and Size: The subject property consists of a 29.416 acre tract boated on
the west side of 1-35W, south of Airport Road.
Surrounding Land Use and Zoning:
LOCATION ONIL N S
North: Light Industrial ManufacturingMetail Sales
South: Light Industrial Manufactudng/Retail Sales
East: Agricultural Vacant
West: Agricultural Vacant
Denton Development Plan (DDP): Special Purpose Activity Center - (No limit on the
• amount of intensity permitted.)
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SPECIAL INFORMATION
The property is not platted and would have to be platted In order to develop the site, Issues
that will be involved with platting the property may include the extension of water and sewer
• lines, dedication of various utility and drainage easements, installation of fire hydrants and • •
possible drainage related improvements. All public improvements will be determined during
the platting phase and are not issues related to rezoning.
Page 1
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N.
In addition to the City of Denton's zoning ordinance regulating the proposed use, the Texas
Natural Resource Conservation Commission (TNRCC) Is a state agency that regulates ft
state and federal standards for concrete batch plants. Attached (Enclosure 4) is a portion of
Regulation I, Appendix C of the State and Federal Regulations for Concrete Batch Plants.
BACKGROUND
January, 1989 = Property is zoned Single Family-7 (SF-7) with adoption of the 1969 zoning
map.
Thf~(13) prop" owners were notAed of the request on June 27, 1997 and on August
13, 1997. As of this wrfting, two reply forms have been returned In opposition and two
reply forms have been returned in favor. The percentage of opposftion is forty percent
(400%).
T below will provide a summary of the Plan related amalysis for this protect
Denton Development Plan
Policy Analysts Summary
Special Purpose Activity Center
Dmlopmmt Rating vs. Policy
POLICY COMMENTS swdkway sonowtat conswrt
V40rA awl lnwrMra
TwougNros re addressed p try No to"a fwss ra proposed r x
ralata to to Mortar TwmVNw* plan required on ft subjed bad -
Larw Use Daralopmant round Me
Aaporl Rowry.. tnAnbhyoarmWeW Indu0W/CorrwnrcW land ups as
typo land wea may be located to have popowd la be keated in such a x
hortwes on to prinary rterwe and nrrwr to hen fionlaps on WW.
rear access b to runway teouph .
"prate rO"Ve.
t Cornpd bla land U" Dardoprnra • -
x -
',Sa+CVe tr'+t! retwr•Sal ds'+ekp+wts PdWWA rComnrrew Ord yeas we
i • char rot be al owad h to imrrrdde Wopoaad.
yklnty d tr runway. /
• t, • .
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..rr~ ~ A
':,,~«.ern,.•,_ev~~:.»:.,....•~.,,......._
a A 1,0001od setback hom 135 W 10
p(gvesd
• The L.rdmeps ard'Mr a wi be Met
• M r Nrwge on the tots proposed Law
Mga Ereranae wars H••'ry Indu:rW kor4boo d) wi be
Encarege end promote good vben placed on an erkamv q wsl.
design to wtw" the a•slMtc gwky • Each ke wi be per M•d one cub
and risuW rrwii6n WON W*N" cul
ways. TMs wlowhp spKft 9"rrs a M perking wN be on t» property,
we requyd: • Design and conebuetion d to
bAdiirg Is unknown et NO ling
a Frore Vrd s•tbscks a 9kewsiks win be requkd d tx x
a guldrq C WWS" pWWV phase d M devsioprwt
• Lendscaphg _
• $Igriage LMtia an taec6c yeas hen been
• Cob ats a *w"d by t» app c&1L t» Ioelfa+
• or-et•A Parkhg of a hM7 tduebw uw 00Nh an It"
• Design rd carobucbm d lsosds where a•stl+•te qugy and YIPL W -
• Pedeetian wc•ee rrrnltiea are b be •neorragd and
promotd is od r+trety cwVdrk4& For
0* rason'sonwwhat hconskgow was
checkd,
tp"W purpose Ad Mty Cwter W d•frrd ae a mW ac"Y C"W blended ioo" as nod•• W major caret W CW eAlva•a, wih .
ro 4mt glren W W4 uw Ira •Lrdrde The Wwwo Akport area r hlydd PrknrfY to rnplwin to ••tsbl•Ienr l d an
WLxt i •cosa base. Mbod use conrnerC W rd hpA demly hmabq we &vov*Vd h w+Mb4 wens in owow ly wth to
fwd use corrpelDly qukWYw eat ors h the AYpon Mss P4
RECOMMENDATION
The Planning and Zoning Commission recommended approval with the following Conditions
proposed for the portion of the lot requested to be rezoned to Heavy Industrial jc):
1) The maximum building height be limited to five (5) stories.
2) No materials may be stored within one thousand (1,000) feet of the 135W service
road.
3) All exterior lighting must be installed to avoid the direct illumination of adjacent
properties.
4) Only one ground sign, displayed on the entranceway fence is permitted with a
maximum height of eight (8) feet and a maximum effective area of one hundred (100)
square feet. This condition differs from existing sign regulations by specifying a
maximum sign height and size of eight (a) feet and one hundred (100) square feet as
compared to the existing forty (40) foot height standard and two hundred fifty (250)
• square foot size standards.
5) The perimeter of the batch plant site, not Including the land to be used for the access
drive, shall be enclosed with an eight (8) foot high fence, with a single row of tree
plantings along the property line with an expected mature height of 40 feet or more.
ALTERNATIVES
• 1, Deny the request. • •
2. Approve the request as submitted.
3. Approve the request with other conditions. f
4, Postpone consideration.
Page 3
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ENCLOSURES
t. Location Map.
2. Site Plan.
3. Surrounding Zoning ExtubiL
4. TNRCC Regulations.
5. Map of area opposed.
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Page 4
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ENCLOSURE
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ENCLOSURE 4
APPENDIX C:
STATE AND FEDERAL REGULATIONS
CONCRETE BATCH PLANTS
CONTENTS:
Regulation I (portions)
NOTE, Please note that all facilides whits VPly for a permit must
demonstrate oomplh= with all Rules IM Regulations. The most
applicable &vAdow ooWerni q this type of h&ity is Regulation I.
Portioat, but not LU, of Regulation VI are dLseuued in 'Samoa I
Appliation Instructions' of this pacbje.
Poo"
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•
•
TEXAS NATURAL RESOURCE CONSERVATION COW#USSION
REGULATION 1
(31 TAC CHAPTER 111)
CONTROL OF AIR POLLUTION
FROM VISIBLE EWSSIONS
AND PARTICULATE MATTER
REVISED ME 18, 1993
i §111.111. Requirements for SpecifiedSource&
(a) Visible Emissions.
No person may cause, suffer, allow, or permit visible emissions from any same, except as follows:
(1) StationaryVents-
Visble emissions from any vent shall not exceed the following opacities and must meet the following
requirements:
(A) Opacity sball not exceed 30% averaged over a six-minute period.
(B) Opacity shall not exceed 20% averaged over a six-minute period for any source on wbkh consuvc•
dock was begun after January 31.1972.
(C) Opacity sball not exceed 15% averaged over a six-minute period for any source having a total flow
rate greua than or equal to 100,000 actual cubic feet per minute, unless an optical instrument
capable of measuring the opacity of emissions is installed in the vent in accordance with rut pare
graph (D) of this paragraph. Facilities ud id" sucb'"on-eats shall meet opacity limits outlined in
§ l 11.111 (&XIXA) or (B) as applicable. Records of all such meastuemmu shall be retained u pro-
vided for in § 101.9 of this title (relating to Samplmgl
(D) Any opacity monitoring system installed as provided for in subparagraph (C) of this paragraph mast
satisfy the New Source Performance Standards requhemeat for opacity cootiauous emissions mooi-
toring systems (C EMS) as coatabed In 40 Code of Federal Regulations (CFR) Part 60, Appendix B.
Performance Specification 1. In order to demonstrate compliance with Performance Specific4doo 1,
the system sball tmderge performance specMadoo testing as oudmed in 40 CFR 60.13. The facility
will maintam records of aI I such testing for a period of not less than two yen which shall be
available for inspection by federal, start, Lad local air pollution control agencies. Compliaace with
this proviska shall be saomplisbed within one year of the effective date of this rule, except as
specified in paragraph (2) of this subsection.
(E) Visible emissions dtuing the cleaning of a fnbox or the building of a new fin, soot blowing,
equipment cbanges, ash removal, and rapping of pr:couton may exceed the limits set forth In this
section for a period aggregating not more than six mh:utes in any 60 consecutive minions, cot more
1 than six Noun in any un-day period. This exemption shall not apply to the emissions mass rate
I snmdwd, as outlined is §i 1 i.l S 1(L) of this dde (mis&g to Aibwable Emissions Limits).
the Wowmb test subpairagnsphs (Aipproptiate. The highest fading obtained shall determine eompL~ioete
with the appropriate visible emission limit:
CEMS as described in pusgrapb I11.111(Lxi)(DX i
'
(n) Test Method 9 (40 CFR 60, Appendix Al
(ii) Ahernars Method 1 to Method 9, LI& Ddectioo and Ranging (40 CF1k 60, Appendix A), r
(iv) Fqulvaleat test method approved by the Execudve'D'uector of the Texas Air Control Board
(FACB) and U.S. Eavironmeatal Protection Agency (OA).
• (0) Current eerd5cation of opacity readers for determining opacities uoda 40 CFR 60, Appendix A, _
Method 9, sball be accompUsltod by the successful completion of a TACK Vls role Emissions • •
Evaluators couru by opu)ty readers ao more then 180 days before the opacity rotdn&
(7) Structures.
(A) Visible emissions %W not be permhted to exceed an opacity of 30Ye for any six-min ue period Ii=
any bw1dmg, enclosed facility, or other structure.
f
s
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•
•
(B) Compliance with subparagraph (A) of this paragraph shall be determined by applying the following
test methods, as appropriate:
(i) Test Method 9 (40 CFR 60, Appendix A), or
(ii) equivalent tat method approved by the Executive Director and EPA.
(8) Other Sources.
(A) Visible emissions shill not be permitted to exceed an opacity of 3014 for any six-minute period from
all other sources not specified in i 111.11 l of this tick (relating to Requirements for Specified
Sources}
(B) Compliance with subparagraph (A) of this paragraph shall be determined by applying the following
test methods, as appropriate:
(i) Test Method 9 (40 CFR 60, Appendix A), or
(in) equivalent test rut}tod approved by the Executive Director and EPA.
(b) Compliance Determination Exclusions.
Contributions from tucombined water shall not be included in determining compliance with this section.
The burden of proof whkb establishes the applicability of this subsection shall be upon the person seeking
co come within its provisions.
MATERIALS HANDLDYG, COKMVCTION, ROADS, STREETS, Al I EYS,.%?fD PAR1@1G LOTS
§111.141. Geographic Areas of Application and Date of Compliance.
Section 111.141 of this tick (relating to Geographic Areas of Application and Date of Compliance), ill 1.143 of this title
(relating to Materials Handling), ill 1.145 of this t tle (rcletiag to Construction and Demolition), 4111.147 of tits title
(relating to Roads, Stretts, and Alleys), and §111.149 of this title (relating to Parking Lou) sball apply to the following
area: the City of El Paso, including the Fort Bliss Military Reservation, except for training areas for tactical training,'
maneuvering, air support, and such other and further uses that are not foconitsteet thatwitb, inehAtig aeoeas to and from
said areas, unless otbemise specified; that portion of Harris County inside the loop famed by Behway S; and that area of
Nieces County outlined in the Group If Siam Implementation Plan for lnhilabie PartieuWc Natter adopted by the Texas
Air Control Board on May l3, 1989. Compliance with that sections "be as soon as practicable, but no later than
December 31, 1991, except u follows: compliance on the Fat Bliss Military Reservation and compliance with
§111.145(3). relating to Construction and Demolition; the paving requirements of i l l 1.147(Ir a n d the n e t tc sweeping
requirements of 1 111.147(2), relating to Roads, Streets, and Alleys, shill be as soon as practicable, but no law thaw
December 10, 1993. I0RSl91
§111.143. MateriaiiHendiing.
No person may cause, suffer, allow, or permit any material, except for abruive material for snow and ke eoatrol, to be
handled, transported, or stored without taking at least the following precautions to acblew maximum control of dust emis-
sions to the extent practicable: andother
(1) Application of wa a a suitable cbetnlcals or some other covaiag on taasenils stockptla
surfaces which can create airborne dusts.
(2) Instaliatiom, maintenance, and proper use of boods, fans, and fltm to enclose, co9eck and clean the emis•
sioas of dusty materials; or
(3) Appbcatlm of wata or suitable cbemleab, or compku covering of vaterW eoatilned bs open-bodied
trucks, trailers, or railroad arm transporting web materials whkh can etau airborne particub is matter in
caw where the Sea" public has access.
(A) Suiable wetting may be tied u at ahanuive to covering In ill arm except the City of E1 Paso.
(B) Complete covtrinS. at a minimum, is required in the City of El Paso.
I
1111.145. Consiractlon and Demolition.
For the purpose of this section, the following restrictions apply if the arc of land affected by the Iisted activities ix more
• than one acre in size, except for the City of El Paso, when restrictions shall apply regardless of the size of the am of land
affected No person may cause, suffer, allow, or permit a strucwt, road, street, ah.-y, or parking va to be constructed, • •
1 altered, repaired, or demolished, or load to be cleared without taking at least the follow log preatmons to achieve control
J of dust emiutom:
(1) Use of water or of suitable oll or chemicals for control of dust in the demolition of swict m In eoasauction
operations, in work performed on a road, street, alley, or parking arc, or to the clearing of bad.
(2) Ust of adequate methods such as wet-sandblascni and eoclov= of work areas to prevent ahbome particulate
,
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II .
i
matter dntria sandblasting of smictura or other simile operaioas.
I~
g stn other paving materias water, suitable od, of chemicals on construction "of
(3) Applicauoo of aspbah,
demolition site access roads Ioated in the City of El Paso.
§111.147. Roads, Streets, and Alleys.
No penors may cause, suffer, allow, or permit any public, industrial, commercial, or privW road. street, or alky to be
used without taking at least the following precautiom to achieve control of dust emissions:
(1) Application of aspbah, waur, or suitable oil or cbeaskals on the following unpaved nViaces, except is the
City of El Paso and the Fort Blin Military Resavadon, except as noted in $ i f 1.141, when the we of paving materials Is
the only acceptable method of dust control, Wets odmwta specified:
(A) Industrial Facility Roadways - ail major °'Dlant roads and all truck or other heavy-duty vehicle
pathways. Major to-plant roads shop be defined as those wbkb are designed to accommodate two-way raft and we at
lent 30 feet wide a kart one pola4 measurin4 the disa°ce from the edge of the undisturbed Booth on either side of the
established roadway. The Executive Dineter, with the concurrence, of the U.S. Emvlronmental Protection Agency, may
grunt a waiver from the requirement to pave an imdusoial facility roadway If the owaa of the roadway dermowt-ms that
the cost of paving b economkaRy unreasonable compared 10 other metbods of dwt control specified in subsection (1)
(B) Public Thorough m - all Tooth and streets to which the "Me bat general access:
(C7 Commercial Roads - all roads which serve as access for snore than 50 employees or as aeeess to mom
than tea heavy-duty truck parking spaces.
(0) Wdeatial Roads - all roads which Bern n access for mm 6ao20 reside om and/or apartment
units.
(k) Alleys - is the City of Et Pro, alloys shall be paved at the raft of tI last 15 calla per yea.
(F) Levee Roads - in the Cky of El Paw, all km rods sad scows to such medm aaall be cootmlled with
the application of upbaX a Imioble oil or chemicak and appBW for the
(2) Removal from public tborougNam u City necessary, of soil or otha zomerktls, except for and of El Paso, removal of soil shall be by m«,ivokal sweepers or then
specific DorP~of snow lee rantroL Lathe
for all Within & city Fimfts cad six times per week or as
within year the antral b~wixDn 00 district. ~ Fa of this mcdoa me ceaa.l busioest
necessary equivalent for o the public ie of thorfour tiwghhmera per
the purpose
district shall be defined a3 that rea bordered by Loop 375 to the south, Strata Fe Street to the was; Mbsottri Street to the
north, and Kassa Sweet to the cut. The City of El Paso sb g sp« cleat dirty roadways, and shall maintain at'eet
sweeping records jot two yeah. Sand applied for the specific purpow of scow or lox onnuat shall be removed as w
such control is no longer necessary.
WW"
£MLSSIONS IMCn ON NONAGRICULTURAL PROCESSIS
1111.151 Groud Levd Conoeatrado"
No person may wine, suffer, allow, a permit %missions of pardob u trwaer 6om a trance of oomtes %mck d onnaa ~
erty or from multiple soirees operwd oft coatigoow properties to exceed any *(to foliowiag oat g roved
tratioas: (1) Two bunde d micrograms per cubk meta of air tattrpied, averaged ova lay thm eomeoxive lours
(2) Four hundred mlaoFacas per eabic meta of air sampled, avaage , ova any oo* war period i
1
ENCLOSURE 5
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ATTACHMENT 2
Page 3
1 P R O C E E D I N G S. 1 the staff at any time and may adjourn to close session
2 Ms. sCHERTZ Good evening. At this time 2 as allowed by law. At this time, I'd like to open the
3 I'd like to call this evening's meeting of the Planning 3 public bearing for Item No. 3. And we'll hear from Ms.
4 and Zoning Commission to order and I would 101ce to 4 Bateman.
s consider approval of the rniouks of the August 13, 1997 S M. BATDAAN: oood evening, Madam Chair,
6 mating and ask if there are any corrections or changes 6 members of the Commissiat. This request before you
7 to the minutes. 7 tonight is ■ rcplat which according to state law
a Ms. APPLE: I just have one correction. On 8 requires a public hearing This is a little over an
9 page 109, line 13 where it says really think that we 9 acre tract of huwL The applicant wants to expand on an
10 aced to quote "A" caruma to expedite. That should read to existing business and in order to do that right now, it
I I to aid and expedite. I I would cross over the existing lot line and the purpose
12 MS. sCHERrL Are there any other changes or 12 of the replat is to do away with that lot line. Ali
13 corrections? Seeing none, the minutes will stand 13 infrastructure is in place. And I'll be happy to answer
14 approved as written. 14 any questions if you have any.
15 Item No. 2 is the Consent Agenda. There Is m& saLuTz thank you. Is the petitioner
16 ate five items on tonight's Consent Agenda. The 16 here this evening and would he like to address the
17 following items arc recortlrneodcd by the staff and 17 podium?
1 a app.. oval thereof will be strictly on the basis of staff Is rEZmoNM- I have nothing to say.
19 recommendation. Approval of the Consent Agenda 19 Ms, sc HExT7- Thank you Anyone else to
20 authorises the staff to proceed with each item in 20 sneak in favor? Any perwas here to speak in
21 accordance with the staff recmnmendstim. At this time 21 opposition? Anyooc to speak in opposition? And I'm
22 I will consider a motion or if any Cormnissioner would 22 assuming the petitioner has no further caruncots?
23 lace to pull an item for discussion. 23 renTIONTL No.
24 MR- PowEI.I.: 1 would move approval of the 24 Ms. scKuTZ: Thank you. I will now close
25 Consent Agenda 25 the public hearing oral ask Ms. Bateman if there arc any
Page 2 Page 4
1 Ms cA.vzEtt: second, l final comments from staff.
2 m scHB1tT7-. Any discussion? All in favor, 2 MS. BATSMAN: Oust have one, I've laid on
3 please raise your right bend Motion carries 3 your desk a revised suggested motion. In the motion
4 umnimously. Item No. 3, hold a public hearing and 4 that's in your staff report, it doesn't refer to it as a
s consider the preliminary plat of Lot 9R, Block 3 and 9 3 replan, being a mplat, and 1 just wanted to snake that
6 and the final plat of Lot 9-R, Block 9 of the College 6 clear for the record.
7 Addition. The 1.170 acre tract is located on the south 7 M& sCHERTz: Thank you. At this time, I
a side of ICickory eau of Avenue A. i would consider a motion and then any discussion.
9 We are in the process of waiting for an 9 MR. ENGELBRECHT: Madam Chairman, move to
t0 otwhcad, so I will read the peooedures for the Planning 10 approve the preliminary and final plat of Lot 9R, Block
I l and Zoning Commission and for public hearings. One, the 11 9 being the replat of the College Addition pare of
• 12 Chair will open the public hearing Two, the staff 12 Blocks 9 and 9.
13 reads the petition, gives its report and nukes its 13 MS. GAN2ER SOCOO&
14 nxanmendation. The petitioner is granted lea minutes 14 M. SaIERTZ Thank you. Is there any
16 to speak to the petition. Persons in f■vcv of the 1S discLssion on this item? Seeing none, all in favor of
16 petition are each granted five minutes to speak 16 the motion, please raise your right hand. Motion
17 Persons in opposition to the petition are each granted 17 Carries unanimously.
• is five minutes to speak. The petrLooer is allowed rive tern No. 4, hold a public hearing and
19 minutes to speak in rebuttal. The hair closes the 9 consider a request to rezone 29.416 sad from the • •
J 20 public hearing The staff' presents its final remarks. Agricultural zoning district to the Lid Lhastrial
21 Any speaker may be allowed additional tine to speak by 21 zoning district, and the Heavy Irdustrial Conditioned
22 vote of three members of the Commission. Each speaker 22 zoning district. 71m tract is Poe-led on this west aide
23 should concern himself of berselt with prewriting new 23 of Inierstaie 35-W south of Airport Road. It's Cate
24 inftxmatiea not given by previous speakers 24 Z•97-014. 1 will now open this public hearing and ask
25 Commissioners may sac questions Of anyone and all on 25 Ms. Bateman to addres us.
Planning and Zoning Muting, August 27, 399 ~7~ Page I - Page 4
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Coodeasell`" Page 7
Page S
t at aATStvr:: 'skis request before you t &Wimt, the location of the heavy industrial use
I 2 within the area where a steady quality and viwal
2 tonight is ooC that is two ~ for several purple Bus 3 amonitks are to be encouraged and pry u not
3 as fu as staff gas, this is a request to more it listed
4 from Agricultural to both Light Industrial as Will a 4 entirely compatible, And for that reason,
is in what's s it 'sm wbat incatsiocat.'
6 d oval with the list
3 }navy as a special l pu purppose ooed Conditioned.
actiiliavity exata. And that 6 Staff is rwommending sff
iluted a as a s property
7 has no limit on the intensity. 7 of five conditions. And those conditions are only to
8 apply to the beavy indusr~ial section of the MMIing.
g And so as fu as intensity not an issue. an uThe go, 9 The 1ig18 lnduslrial Will DM bane any of these
9 with this part lat car, that's ant 10 eoeditioas attaled to it. And IT be happy to answer
IO proptltY is not platted, would have to be platted prig
I I to any isswicc of a building permit And issues I I any question:
12 related to platting vrortld be addressed at that time. In 12 M& 6Ct UrL.• okay.
13 addi don to the City of Dutton Zoning regulations6 this 13 ass. Gocm I'm curious a to why is it an
13 included in that is the TNtte7C 14 eight foot fence 400 it's considered a maximum Of
14 is a case that federal the TSA C o ex r also Texas apply anural d Aesoenrx 13 wtat good will as eight foot fe na do in
five staid,
16 Conservatiat Coauttissioa regulations also apply. 16 this situation?
17 This staff report is going to appear 17 M BATEKAN: Wal, wore of it. the
18 somewhat afferent than it has in previora meetings when 18 amiiaat an address better. The five story maximum is
And the reason Why is looking *IMO 19 going to be primw* the deck of the concrete Company
19 it was postponed
20 the staff rVort, 1 IC three were several 20 itself or the batch plant portion, The aaserials,
s that we, , as as sta staff
21 conditions that . wanted to attach or 2l things like that. are ring to be ewvered up. The CIO
22 attached to the mzoniog des was already bang would 22 foot is just a number that wben vm sa down and worked
23 have been regulated through the federal at2eocy or 23 with the applicao4 ■ number that arm UP that was
24 throttglt our own ordiTAr M. 24 agreeable.
25 And indeed of duplicating a lot of that, we 25 ML It1I3L t think it really has to do with
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1 removed it and would let the appwdidc agexY regulate 1 physical separation -
2 it Tbere Were 13 property owners that were notified of 2 W. GOVItD3E Okay.
3 the request both on June 27th as well u AW19 130h. 3 W HILL: - of the ate from OdW Sites.
4 We've received two reply forms in opposition, two in 4 MS. GOOItD1E i was also interested in
3 favor and one tasdecMod. 5 knowing, when I look at this, the back port part where
6 The peroenuge of opposition is 40 parent. 6 the high intensity is, is that where the main atrneture,
7 so the 20 percent mile will be in effect. INS, again, 7 where all the five foot story buildings will be going?
8 for the audience's benefit, the 20 percent rule will not 8 Could you just tell to what's going 10 be 00 the light 9 affect the decision made by the Planning and Zoning
9 industrial and what're going 10 be the heavy mdustrial7
10 Commission, but does require 6 out of 7 votes of the t0 What's going to be on each of those properties?
11 City Council to pass the zoning- I I MR BATa4AN: WCll, the proposal 00 the
12 In looking at the analysis of what the 12 light industrial, there is no ant use that hu beta
• 13 Denton Developm9nt Ptah stases, this is, as I eA% 4 13 detided for that as far as staff is awste. The CAftere10
the activity center. And w the throe 14 batch plant is proposed for the heavy industrial and i
15 maj~ l iineaof the ptm that apply to this are is would be back in this area. This is ptoposod as mote
16 consistent with the rewning or the proposed rezoning- 16 a driveway entrUM 001y.
is On Pape 130 of 17 m. o0l7ft P- Do you know how far the high
17 The one that is aostewlat irucoasisteat
i 18 page 3 of the staff report rwrdirs major entrarwe is intensity, area is to Airport Road, what the distance is
i 19 ways. And to adrtrm tba4 there is a list on the 19 between • •
20 left-hand column of speafic guidelines that am 20 W. BATE.MAN: No, l do not.
21 requested to be 001196=4 TbC middle column, staff 21 M5. GoVBDtE %c0 idea? Okay. I guess 1
22 has gone through and considered each of those and fared 22 will address the neat questions to the
23 that each guideline can be set 23 MS.BATEMAN: NOW, When You're saying the
24 And lust to add the lad paragraph that 24 high it leWity, you're referring b the heavy
25 while all specific area have been addressed by the 23 industriat right?
Planning and Zoning Muting, Attattat 27,1997 Pape S - Page lei
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t Its eott 1E_' Yes, I'm Sorry, I by the TTIRCC on ocr plant. We are installing thew now
2 MR. RrLL• Anther thing just ror 2 on all of our new batch plants, arKi-overfill devices,
3 clarification, whoa you're talking about the Airport 7 eliminate the pnnurutic tankm when they are charging
4 Road, do you Meat the frontage road or Airport Road 4 the pleats with cement from being able to otaflow even
5 because I think they are two different - 5 though we have cartridMtype dust collation systems on
6 M5. GOl7RDe Pm tallying about the road 6 these plants. This is jug another safeguard that we
7 that Peterbitt end Tex-Pac and all those that are lined 7 feel is trying to be envirmttocotal friendly that we
8 up on that read. 8 include on our ptants. And Ibis isn't required by
9 MR. MLL• Okay. 9 -M-Rm u's something we go above end beyond in
10 M& KWFRM ate there any other questions 10 supplyi*
I 1 for staff at this tine? Tank you. At this time, I 11 Some of the basic table I I is the fabric
12 woodd like the petitioner to please address the podium 12 filters that we have to fill out for the naRCC Here
13 and make his canrncnts. 13 again, vw could use a fabric-type filter system. We
U M0. SCOTT: Madam Cher, nnemnbas of the 14 actually go to a cartridge-type system that is mare of
is Commission, my name is Craig Scott and Cm nVacntirtg 15 an sutomotive-type Inter. Here again, it's extra coat,
16 Iatirnde Materials My address is 1601 ShadowcrcA 16 but we reel that it is an extra precaution that we an
17 Drive, Corinth, Texas 76205. 17 take to keep from harming the environment in any way.
18 MR. POWELL; Mr, Scott, could you raise the 18 Thee enc. basically, the TNAcc wadtsb0ets that vie have
19 microphone up? 1 don't think anybody 'a hearing yet. 19 to rdl out explaining bow we plan 00 capturing all the
20 MR. som is that okay? Sound better? 20 dust and returning it back into our ayyrien without
21 Captain Powell, is this hater? 'thank you As has been 21 allowing to aeape.
22 stated, Utimo a Materials would like to build a 22 The concrete baub plant c"atioru,
23 mady-mix Operation on this facility. We do not intend 23 Tbcse are sorce actual that wc s that
we he r4 wader within 24 to use the entire facility for a readymix operation. 24 on our batch plants 25 In fact, our plans are probably to try develop
and sell 23 the maximum as the plants currcntiy Operale. It's,
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I off the light industrial part of it. I have included a 1 basically - we an operate undyr an exemption. We
2 handout that I placed on each one of y'all's desk before 2 don't have to have a permit because wt are so low on the
3 we stirred, Bacicaliy, l would like to Like the tints to 3 emissions from these plants We don't even haven to have
4 kind of run through it and answer some questions that 1 4 a permit from the TNRCG tt's actually listed as a
5 feel are probably;oing to come up and also maybe 5 standard exemption. We are exempt from a permit be==
6 eliminate some of the questions that you-all might have. 6 we do put out such little emissions
7 Fast pages that come up we the standard 7 Some of the pictuues, thls is our Roorake
8 exemption 71 wldch we have to operate under for the 8 facility. The newspaper, for some nesso4 they have
9 TRCC guidelines. Donna made mention that we are 9 decided we are a Imp ready-mu opersuoe. They d'dri't
10 required to follow thew guidelines. And this is the to consult us before. This is what I would consider a
I l exact checklist, a 4:09Y of it, that -1 just made I 1 lags ready-tnix operation. This is a deal plant setup
• 12 application in the City of Fort Worth for a plant that 12 which we have no reason to put anything in like that in
13 matter of fact we eel last wale So this is the 13 Ikntoo Kris is for the Alliance Airport We put in a
14 most current addition and this is exactly the same kind 14 dual plant system three. This would be emsidered a
15 of plant that we would purr in in the City of Denton. 15 largo operation. As you an see by picbaes one and
1 16 As you can sec, them are multiple questions 16 two, it's kind of a north and south shot of the plant
17 that we have to abide by in these jp idelincs and have to 17 We we concreting all of our entrarwa as required by
E I S sign off on the that we an One to abide by these 18 the tHRCC. they require us to put scone kind of cohesive
19 guiddira And soyarne we we in victation of these 19 surface in. The whok plant area. Is cooaesed. • •
J 20 guidelines, we am subject to be fined and possibly have 20 Ma. POWELL- Mr. Scott, could you dew us on
21 our exemption pullai So as you an ace, it's fairly 21. pictures one aid two the rive story buildings?
22 inclusive grid explains what we have to do in order to 22 MX SCOTT; W, Powell, the silos there are
23 opiate our facility. 23 the tallest Rructunes in the coniplex. The - picture
24 Thhd page over, basically, just starts 24 one, the bow right in the center, is our dispatch
25 covering some of the equiprneot that is tad even rsquirrd 25 facility. TbA Includes a driver's room, rat room
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I facilities, all of our ckctrical, when we actually I this site if we're allowed to build We fed that
2 take the orders. So it is that would be the maximum 2 that's W of Our w*botl" responsibility, is
3 extent of any kind of building we would put other than 3 maintain as clean a site as possible and any dust that
4 maybe a shop facility. Butt then again, it would not be 4 is tracked from vehicles, we try to clean and prevent
5 a multi-story building. 5 from laving our property
6 Silos are approximately 78 to 80 feet tall. 6 Picture 011E is the dust collects
7 That's since we don't know what exact plant we're 7 collects the materials, the dust that is crated during
a putting in right now, I can't give you an exact feature s loading of this pmt It's all captured there in
9 of how tali, but we will fall well below the five story 9 those cartridge-type filters. Air blast shoots it
10 maximum. to through the filters, pulls it doves to the bet M and
I I Basically, going through here with I I then we blow it back up through a Preurnatic system', hug
12 picture four is two trucks in the bad position. And 12 like we off-load our cement.
13 that's not a staged pictured. 1 actually took the 13 Picture ten are the two silo-type dust
14 picture while the trucks were loading. You can see 14 collectors. 'flay, basically. do the same thing. When
15 there's not a whole lot of emissions that are coming 15 the mn=L tankers come in and pull a wall of cement, it
16 out 7139 plant picture three is just, basically, the 16 doesn't allow any air to escape. We capture allthe
17 overview of the plant from a different directim o dust It's collected in the artridgm jet pulsed back
16 Number five is how we clean our vehicles IS down into the silos where molting is allowed to cape
19 before they ever leave the property. If you'll notice, 19 Picture 1 I is our water rtention facility.
20 there's a catch basin there right behind the trucks. 20 These plants because we do wash the trucks down before
21 Any material that is washed off the trucks is collected 21 they kaw and we're sprinkling aggregate and things
22 at that catch basin, we handle internally. We don'; run 22 like that, we do create some water on our facility. And
23 it out on the Streets or anything lace that. 23 what we have don in most of our facilities and any new
24 We tried to or don't try to, we do keep 24 facilities - we're trying to retro-fot $on= d our
25 all of the material on the trucks. We be sure that we 25 older facilities. We capttue all of the water that
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1 are not putting rocks and dangerous particles out on the t cones back through the yard. We put - we have a
2 road for hazard to public when we load and leave the 2 reclaim system that we Put the excess concrete through.
3 premises 3 it also uses water lean it And we actually put it back
4 Picture number six is showing the stockpik 4 in the mix and it goes back coat to concrete trucks. Not
s area. We have walls that contain all of our stockpiles. 5 only does it stop us from running water over on our
6 They're not just out in the open. We do this for 6 neighbor, but it is also an economical bandit to us
7 several reasons. 11 is an economic benefit It's a 7 because we cut down on the amount of city water that we
a little easier on the eye, And we also it helps us a have to use to mix concrete. That would be included in
9 control with our sprinkling and wetting protecdings that 9 this new facility.
to we are required to do by INRCC, to make slue that our to Picture 12 is, basically just the piece of
I I material stays in a moist state. I I property that is in question, being 1.35 there in the
ready-mix operation that
• 12 Picture number seven is oleic the actual 12 foreground. Thera is another read .
13 rock, sand, cement and water is going into de trucks 13 is right behind there that, u you an nee, it's about
14 or picture eight, I'm sorry14 the same dislarnoe, we're saying that we will gd back
15 There again, that's when a truck is ka&* 15 off of the property. It's not risible to that
16 You can see the back end is enclosed and there is a 16 photograph. Basically, would be the same thing that
17 large suction fan that's pulling right there. And that 17 yarall would soe after we're up in art opwAioal
I s goes back to cloth filters I montioc" earlitm It 1 a We have no problems in sgreebV to the • 19 pulls everything through
the cloth filters. We have a 19 foot offset We understand 1.35 is a major traffic • •
20 jet pulse that blows these filters cean and we recycle 20 corridor. And that Denton is interested in what its
21 the product, put it back into our silos for use again. 21 enuanoe facility looks like. And we haw ao problem
22 Picture seven is a - one of we have 22 with offsetting 1,000 feet 7119 is this piece of
23 several different types of sweepers. This is the one 23 property walks very well for us io doing flat and we
24 that happens to be at Roanoke. Can't guarantee it will 24 vat: glad to oblige by doing dat
11, Siam
2s be this Sweeper, but we will have a sweeper available on 23 since the Pktues 1
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1 you-all changed some of the staff rccommendatiom, this I M1t SCOTT: Yes.
2 is tlto City of Denton's holding yard. As you can sec, 2 MS. sCHERT2: 1 was going to ask for
3 there is about an eight foot fence there. This is about 3 questions from the Commissioners, pease.
4 40 feet from residential use. We am going to be 4 MFL POWE L: 1 have a ooupk.
S nowheno close to anything like that When one of the s t iS. SCHERTZ: All right, air.
6 original staff was that we couldn't 6 Ivy. PoweLL. How for back from the service recommeridatiom 7 stockpile over eight fcc41, basically, took these 7
road is that rectangular heavy industrial area?
a pictures to kind of show that y'all's holding facility a MR. SCOTT: It is right at 1,000 feet.
9 that is within 40 fat of residential use, y'all are 9 MR. PowELL: And just for general refett nct,
10 stockpiling much higher that 40 feet But staff has 10 1,000 fat is more than throe football fields, isn't it?
11 pulled that, so those pictures are --1 wouldn't have 1I mx SCOTT: Yes, Sir.
12 included those if I'd know that staff had pulled that 12 tut. POWELL: That's a long way?
13 recorruttemdation. 13 MR. SCOTT: Yes, Sir. And we it is going
14 MR. BUCM You might clarify for the 14 io be a financial burden for us to put it back there.
15 record, that's a noooonforming use as well. 15 we oould put it right on the frontage road, but we
16 mit. SCOTT: Yes. And while we are on it, 16 understand y'all's reasoning for asking us to move it
17 the creek running through the property with mo kind of r back and we have no problem abiding by that It is
is retention, I can ell you that I would not sign off on a I s going to be more cost because we have to build 1,000
19 pica of paper from our company with EpA guidelines 19 fat worth of road to gel back to the back side of our
20 saying that, not only will they fine us, they'll put 20 property. But there, again, we don't have a problem
2s. people in jail. I wouldn't sign off on this site 21 with that recommendation. ,
22 because of - this is it's dumping directly into a 22 M. GOURDIE W. Scott, l have a few
23 creek into some residential areas. And it would be in 21 questions here. And it's mainly just for my
24 nottcatnpliaroe with EPA regulations. I coukfn't operate 24 clarification, for my understanding. 1 did drive by the
25 a ready-mix facility with that type Set up. 23 property and 1 did look through it And I read all the
Page 18 Page 20
1 Ma. Hn z-- cart 2 ask you a quick questiont. I oppositon papers that came through as to why people
2 please? 2 vvsxe opposed to it And so if you could just help me to
3 M0. SCOTT ; Yes. 3 understand to make a fair dodsion.
4 MR mi-L. Far picture number six, is that 4 First and foremoat, cc page one of your
5 Storage setup designed that way because of ease of 3 pages when you're talldN about the items, exempticn
6 sprinkling or - because it's kind of flat and not very 6 number 7l. And it says part K where it says cep Mon
7 tall and I was just 7 of cement leash will be cleared up immediately and
a vat SCOTT. Yes, sus. Basically, our It contained or dampened, is that only in your area or does
9 loader arc that's as high as out loaders will stock 9 that include any of the propa6m next doer to where
la material without what we call doubleratackin`. We'd io your batch ppWt ou ? W
I I have to nrm the equipment up on the rock. What happens
12 then is you Set Vind the rock dowm with the lira 12 eertemI flash, they are refrmng to the ^ the dry
• 13 and it continues to put smaller and ashler particles o powder that we use to make the ewnmeu- There would
14 into our rock piles. And cos; have to abide by certain 14 never be any case that we would have that product on any
IS sine analysis on oex aggregates. And what we've found 13 of our neighboring properties. If we'd have a spill, it
16 is if we double stack, it's detrimental to our quality 16 would be inside our properties. Our people are traioed
17 of concrete. So we, urtksro it is I'm not going to 17 that if in case there is an accident wben off-loading a
19 say 'AT nem do it. But unless it is absolutely IS sorrrthing like that, Ihcy immediately take the bola and J
• 19 neoessary, we do not dwble stack. And it makes it 19 we keep two-imcb boss wood the yard to wash the yard •
20 easier to sprinkk, It's easier to hold moisture in the 20 down and keep it clan. It's put directly on whatever
21 pik, when the wind starts blowing or anythfimft like 21 . spilled product there is. .
22 that, drying the product out S.' it don maintain 22 Also in our preventative maintenance proFm
failure, a likely
23 moisture better that way. 23 for our txartat tankers, wt replace any
24 Ms. SOMRTZ Are YOU through with your 24 failure pat, we replace it on a periodic basis. We try
25 presentation? 25 to have a proactive Maintenance prom Tnatead of
Planning and Zoning Muting. Attgt2at 27,1947 Page 17 - Page 20
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1 fixing it after the fad. These again, I can't say it's I it's in a very bad location. It is in a very heavily
2 never going to happen. But au people are trained in 2 midental area We don't want to open ■ plant up
3 case it does happen, they wet it down immediately to 3 there. But that's not what and that's why the
4 control it so the wind doesn't blow it on to adjoining 4 plant's not open now, because it is not where we want to
5 properties or anything like that. 5 be.
6 ms. oocp Dle well, my concern is the 6 The arcs has grown up around that plant.
7 holding storage area for the Peerbih trucks that have 7 And so, I man, it's Latimare Materials is still
8 just come out of the paint department which is right 8 going to come into Denton. I guess, it's jug a matter
9 next to your property which actually is one of the 9 of do we bring our tacks in from out of town Of do we
to corner long lots where your rood would be against. So to station them ben in Loma?
11 that's my main concern is, what, if any damage, to them, 11 MS. eouRNE That was my other question is
12 I mean, if we're going to get into some big problem 12 why you want this property in particular when you've not
)3 arnorgct companies. I know they're not opposed to this. 13 al l this light industrial happening and then all of a
14 I've talked to them turd they don't see any problems 14 suddat we went a heavy one.
15 happening. But I'm just trying to see the future and 15 nut scm; well, you don't have any areas
16 as if there might he a problem down the read. 16 tba are set back for bavy Must". And this is the
17 MA Scom we arc very swan of that Not 17 best area that Denton has ]aid out right now for a been
I s and we bury a lot of lkterbilta We don't want to mess 18 inekistrial-type facility. Thee is aLtedy one existirig
19 our own trucks up, l9 facility there, it's on the 1-35 corridor which is -
20 X3, 00URDm- will there be Imes bdweem 20 we an & trucking company and trucking is - 1-35 is e
21 the properties or anything to naturally buffer the 21 Iot easier to move equipment up and down than
22 Mt Som7: to y'dl's rocommeadotioos, 22 residential stmts. So this is a good location for us
23 there is a single row planting 00 the borderline of the 23 as far a'xi*q nmtcri11 ion and nerving err product
24 - the fence line property wbich we don't have a problem 24 cut. It's convenient to both 1.35 west rod east and
25 with We would be glad to landscape and follow up - 25 also to major arteries going into Denton. So it's one
Page 22 Page 24
L Ms, coemDm- And what about drainage? Will 1 of the reasons we chose Shia piece of property.
2 there be any draingye from your property on to Bay of 2 MS. OOUSSDW-: Okay. Mote questiom. Now,
3 the other properties? 3 what kind of fence arc you Proposing b lust UP? 1
4 Mt scorn No, ma'am. I'm rid allowed to 4 noticed you showed what we did as a City. Are you
5 do that. According to the EPA guidelines, that gets 5 plan ning on putting in a wood fence or is it going to be
6 back into what I was saying, we capture and reclaim as 6 a was fence? Or are we going to be looking at
7 much water as possible because every gallon I can save 7 MR SCOTT: our typical fence that we put up
8 is another dollar in my pocket 8 is a chained-link fear with three barbed wire strands
9 Ms. ODUMF True. You've got save your 9 around the top of it to prevent as much vandalism as
to many. Also, I'm curious now, the 7x1 plant which is 10 possible. That is our typical gglieation in most of
11 going to be, actually, an the other side of your tight I 1 our readyntix operations. We have looked at drsiVui
a industrial proposed arts. 12 with concrete terms and things bike that. It really
I 13 Ma. scoTr: Yea, ma'am. 13 in this situation, we're being offset s, far as possible
i 14 Ms. coLwm- is there going to be a problem 14 and, basically, having an industria:-type base around
15 with them, coropetition-wim? An we going to have an 1 s it, that was what my intentions were going to be, a
16 empty cement batch plmi In five years? 16 chained link fence with three stands of barbed wilt.
f 17 Mt seder: t would be totally speculating 17 MS. GOL R - Would you be willing to work
18 on that Competitim is good for the ecoromy. I would k s at it to make it mom; esthetically pleasing to look at, ti
• 19 think - we an currently in the Denton am We're 19 so these people don't have to, you know, loch through
J 20 supplying cone ere in this area right now from out of 20 and we all that that's going on back thus? •
21 town batch plants. It's - we fed like the business 21 1 mean: to me, I fend this really hard to
22 that we're picking up up bat is dexrving of a plant rap 22 look at 1 drove down to Rotuake and 1 saw the big one
23 here. It's something that we fad very strongly about. 23 down there and 1 looked at the cement batch plant that
24 I_atimore has an existing plant here in tow:L We bought 24 was text door so it 1 clocked the whole thing out
25 through some - when we bought some other companka out 25 MA. SCOTT: 1 would be glad to look at
Planning and Zoning Meeting, August 27. 1997 Page 21 - Page 24
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1 anything. You know, I'd be glad to let y'all tread by I MA SCOTT: Let m • wel4 first off, we
2 example and do y'all's fence first, and then I'd be glad 2 have every mason in the world to try to be a good
3 to follow suit. 3 neighbor because we would like to sell that piece of
4 MS, OOURDtm Compromise is a good thing. I 4 property. We don't need that piece of property for our
5 would also like to know when you said you were s use. So I guess I can give you some examples, some of
6 talking about you're not sure exactly what's going to Ao 6 our other 10c&600s, what's around un- There is a
7 in there. You were comparing the Roanoke heavy-duty 7 Plano is a good example. We have a - I all them
e oemcat batch plant to what is not going to be over there 8 mini-warehouses. It is storrfroat operations, dim*
9 in Denton. What are we really going to be looking at, 9 across the oxxt from m in Plano that, basically, are
10 because 1 only have what 1'va seen to go on, and to me, 10 operating like air-conditioning supply bouaes, an
I I that's pretty heavy-duty to see all of those silos, see I1 inigatien company. There's a flag company that
12 a 70 foot lower thing there. 12 manufactures hags. Tbcm's about 15 occupants in that.
13 MK SCOTT: if you look at picture three, 13 There is a landscape engineer that has just put his
14 the plant we would be if you'll split that picture in 14 office and facilities in right next to us in Pl". And
15 half. Those are two separate plants right there. It 15 downtown Dallas, we have a trucking yard that people
16 would be one operation like the picture there on your 16 park equipment on and kind of store some of their heavy
17 left-hand side if you split that. 17 ogWpmwA on neat to us in Dallas
I8 MS. Gouitw& With the two silos? Them 16 Coppcll, there is a bar Lad nightclub right
19 will be just two of them. 19 next to UL We have a greenhouse on the other side.
20 MR SCOTT: Yes, there will be two silos. 20 There is a wrecking yard behind us in Coppell, also.
21 Nis. OOURm And what are the hours that 21 MS. OWME This is what I'm coeheeraed
22 you will be working? Is this an early in the morning 22 about- I don't want to start a domino efrect where
23 kind of thing to late at night? 23 we've W conemk plant, junk yard, ooncrek plan4
i
24 MR SCOTT: we ate eustomef driven. 24 and, you know, because there's nothing that an
2s Unfortunately, we can't set our times. Our typical 25 MIL SCOTT: Wlwtcva gets in that light 1
Page 26 Page 28
1 times, we. do start early in the morning during the 1 industrial is going to be up to y'all beaux whaWAr
2 stunnerbecause of the beaL 2:00 and 3:00 o'clock is 2 you-all have zoned to light industrial is all that's
3 not unusual. We have a certain amount of hors that we 3 gang to be able to build in there. So, I mean, just
4 are limited to working for the DOT guidelines for our 4 because I'm moving in, they're not going to be able to
5 drivers. But it varies. These are tithes that the don't s allow build a bog farm there.
6 open until 7;00, 8:00. There are times we open at 6 MS. GOMIE. A's an influence thotgh. It
7 midnight. 7 inllumm other people's choices. And that's what my
8 Ms. coMin is them a lot of noise 8 concern is, is bow we're going to be influenced down the
9 involvod in a ocnent batch plant? 9 line. I'll back off now.
10 M0. SCOTT: Yea, ma'am. l0 ML "*ELL- W. Soot% I'm going to ask the
I I M5. GOtWM' A lot of cease. I t chairman for an unusual req=sL I world like to talk
12 Ma. SCOTT: You've bard diesel tNCks. We I2 to Mr. Dodd I understand that be works for you 1
• 13 am running diesel trucks. We are putting sand and 13 know he didn't come here prepared to speak. But I would
14 gravel in the trucks. I'm od going to tell you it's a 14 like, if bfr. Dodd - if it's okay with the Chairlady,
15 quiet operation. It's not. We at not required Io wear 15 and Mr. Dodd will do it, I'd lile to ask him a ooupk or
16 hearing protection around and operating the trucks. It 16 quratiocm I think it would be really beneficial to
17 doesn't exoood the noise guidelines. But it's - there 17 this.
18 again, that's the mason we're trying to stay away from 18 MS SCHERTL• Okay.
• 19 taideatial areas so we're not bothering - 19 M0. PMLL Are you willing, Demhy? • •
20 m& covwe And jast. one more question. I 20 M0. DOnD. Yea, air.
21 ant cc oceraed what you will put eo the I fight induuarW 21 MIL POwELL Thank you very much. W. Dodd,
22 arcs. You're sandwiching socheahe between two concrete 22 would you give w your name and address, please.
23 batch plants. What on earth world anybody want to do in 23 Mat Dom> My acme is Davey Dodd and 1 live
24 Vast area? It baffles M honestly, that that could be 24 at Rothe I, Box 2925, VjwN Texu.
25 a beneficial proposal for you or for - 25 MIL fOWELL: How long have you been in the
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i concrete construction business? l longing for is how do other cities regard your batch
2 MR. DOD. 3I years. 2 plants? And I'm just try to get a handle of you
3 MR. POWELL-. Where were you in the coocrm } know, if you're user friendly in oth a communities.
4 constrwtion business all that tithe? 4 mx soorr; we are fixing to open our 12th
5 MR DOD. Right down here on 409 and East 3 plant We have nine different locations that these 12
6 Sycamore. b plants sit on, Vick Latimn is the sok owner of the
7 MR. POWELU And would you say that 409 East 7 company. He is a local resident - I say local. North
8 Sycamore, the batch plant there, is that kss than 1,000 8 Texas resident Ik grew up in Grayson County,hastill
ve
9 feet from here'? 9 lives in this area, is at our office every day. 10 MR. DO.. Probably so, yes, sir. 10 batdm plants in Plana, We have a batch plant in
I I MR. POWELL: And that batch plant has been I I McKinney. We have a batch plant in Frisco. There's a
12 there at least 31 years because you worked out of it 12 batch plant in Shaman, batch plant in Lewisville, batch
13 ,tat kog, right? 13 plant in Roanoke. We are opening a batch plant in Fm
14 MR DODO: well, the one Ow's there now 14 Worth It is on Loop 820 that is currently under
15 hasn't been that that long, but the one on Sycamore 15 construction, I've got a plant in Dallas right off of
t6 was. The other one is on Prairie. And it's been there 16 1.35 in Dallis. I've got a plant in Copprdl that's
17 31 years, over 31 years. 17 night off 13ehline. Them plants - we op=k then,
is MR. POWELL: Downtown Denton, Texas? 18 basicalty, the same way we ate going to operate this
19 MR. DODD-. Yes, sir. 19 orre. We operate sl all hours of the day and night.
20 mR. POWELL: would you say that that was a 20 We're running apprnximalely 176 trucks right now, We
21 detriment to the City of Denton? 21 have 1 l cement tankers and about 150 rock boiling trucks
22 mFL Dom Probably so. 22 that we use to bring material in and out of oar ,
23 MR. POWELL: Why was that, sift 23 facilities.
24 MR DOD. well, the raise and the dust and 24 We, because of the hour that we work we
25 everything right here in downtown 23 tend to hire local people, If they have to drive a
rap 30 Page 32
I heft mwELL Right in a residential area? I couple of hours to work and starting up at early in the
2 morning, it's not real beneficial for them So it's
2 MR DODD Ytx, sir.
3 MR row ELL. well, I appreciate --1 mean t 3 part of the reason we are looking at moving into Denton.
4 understand you didn't have any concept that 1 was going 4 it's kind of crazy fa as to have trucks in Roanoke and
S to call you up her. 5 driving all the way to Denton up here and we're pulling
6 MR noon, No, stir, I didn't 6 employees out of the DerAw area into Roanoke. It's
7 MR PowEt.t nut you've been in this 7 we foci like there's a good employec base up bar.
s business a long time, toil nt, if you world, what's the a We prefer to stay is the amaltcr towns on
9 diffacxe between a concrete plant like you folks would 9 the outlying areas. We don't want to get Into Dallas
10 like to put up sod a corvette plant that you were used 10 and fight the traffic and eoav3ruction. That isn't what
I I to working in all of those years, just, basically, the I I got the company to where it is now. We have VM of
12 relied on the outlining areas that have high growth
+ 12 difference. 13 itals. We have evalnated Dmtom We feel Denton
1134 the dust, no D dust., , Th water ee numoff. It's t t oo , 's s no s oooo•nn1p+rison mean, 14 has that growth potential. We don't want to get into
is what it was, you know, tea years ago or five years or, 15 boom bust cycks but %c want steady growth Part of
16 MR rowan t don't have any more questions 16 the reason that we've looked at targeting Denturt. We
17 for you, Mr. Dodd, and I apologize for picking on yo. 17 have material srxrcea All our material tnacka are
t 8 but i knew you had some history that a lot of people i s already running thromgh this town going to other t _
• 19 don't really have around here. Thank you. 19 kcatiorma We have material wuuas north and west of • O
20 stn, scmTL. Arc them any more questions 20 bar. So it's from an economical standpoint. Denton
21 for the petitlooa before we dismiss him? Any questions 21 makms good sane to w. We fed it's a good location.
22 for ere petitiow? I have a few. Could you just take 22 1 was so add on Denton, miry office is in McKinney. I
23 a minute and tell us a little bit about your company? 23 have plants scattered between Dallas and Fort Worth and
24 How touch batch plots do you have? When air they 24 1 bought a house ham: In the Denton area fur my daughter
2s located? What's the am? Some of the other Burgs Van 25 to go to the Denton schools.
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1 So it's I'm sold on Denton myself. So 1 operate our equipment yet. And vvt do have several
2 it's my little song and dance for Denton, But we 2 backups in that caw so the we try to eliminate as marry
3 operate in a multitude of cities. We have very little 3 problems as passible.
4 problets. 'there are problems from time to time but we 4 Ms. scttExtz All right. Thank you, 1 have
5 try to eliminate as much raise as possible. We arc not 5 a few other questions but I'm probably going to wait and
6 going to be out dumping rocks at 2:00 in the morning if 6 hear all or ft discussion this evening Does anyone
7 we have a residential area that's close. I moan, wt 7 else have any questions? Thank you for your time.
a know that leads to probkrrts. So ver are in business to a Is here anyone else in Le audience that
9 stay. And we don't need our neighbors mad at us. 'That 9 would like to speak in favor of the petition? Anyone
10 doesn't accomplish anything. And that's part of the 10 else to speak in favor? Please address the podium and
i I reasoo, we're trying to get out of the downtown, or not I I give your namhe and address.
12 downtown, but the area that we have a current batch 12 MA scxtexnu rill just be short. My tame
13 plant We don't want to open back up there, because it 13 is David Scribner. I live at 1109 Vista Verde in
14 wouldn't do anything but cause trouble. You-a11 would 14 Denton. We've done business with I.atim re Materials. I
15 constantly be hounding me to eliminate the noise, 15 sell Peterbilu for Dallas Peterbilt. Tbey've ptecha od
16 And wt want to move out and gel out in this type area 16 trucks from PeterbUt aced seem to be a good company that
17 where we are not going to be disturbing anybody. 17 we've had no problems doing business with and just
1 a rib. scam, Thank you. Do you agree with is wanted to core and give them a vote of confidmot from
19 Mr. Dodd that the difference between your batch plant 19 my end that they have done everything that tbey've said
20 and the one that is currently out there and the one 20 they should do and we've been happy with them
21 that's downtown is, I mean, for lack of a better word, 21 its. SCHERTI_ Trunk you, sir. Anyone ttw
22 differcnoe between day and night? I MOAN it 90= like 22 to speak in favor? Anyone else to speak in favor?
23 what you're projecting is that yours is mole current, up 23 Mat rAGOE: My name 13 I.W. JagOe, UL t
24 to date, has the latest facility, everything about it 24 was born and reared here in Denton. Hack in the bus
25 Mx sco3T: 1 really can't speak for the 25 1940's, there vests a company that wankel to come to
Page 34 Page 35
i other two batch plants. I'm not familiar with what try 1 Denton. It wrs an industry. And a lot of people were
2 have and both of them are excellent companies so I 2 against it But 1 want you-all to think about this.
3 couldn't say anything bad about them because I really 3 They did come hat anyway in spite of the opposition.
4 don't know their facilities that well. 4 And do you know this room you're sitting in today, that
5 MR. PowEu: If I could interject hcre,1 5 oampany donated this room and this but. daV to the city
6 think what Mr. Dodd meant was not the existing batch 6 of Denim It was Moors Business Forums. We have to
7 plants today, but the batch plants that he's worked with 7 have industry in this Couray, bcavy or light Somebody
a over the years. What he said, if I understand him a has to have furnish a bathroom for each house that's
9 conectly, is that a batch plant being built Way under 9 built You have to have a garage. They're not
to these specificAtimu is night and day over one that he to attractive always, but hey we a txmsity. And 1
1 I worked at five years ago regardless of where it was. I I would urge all or you to thinly about tut
12 MS. SCHERTZ: Ukay. 12 m sciiurL 'hunk you, sir. Could we have
13 b4t SCOTT: We do go above and beyond It 13 your ad&M berom you kaw?
14 typically costs us around 515,000.00 more for our dust 14 Ma rAaOE 405 saga Street. i
15 collection system, what you can get to pass the TwRws 15 its. satERr/- 7baok you Anyone else to
16 requirements. You know, it's just something that vvt l6 speak in favor?
17 feel that we teed to do. It is a that's the first 17 MIL VANMExtaANt rm David Vanderlano. I
Is thing that most people are going to spot is the dusting it live 150 Wort Ryan Road berc in Denton. And I'm the
• 19 of cement And it's --we've got a sib sitting up in 19 Realtor tut hied to sell this for the last five years, • •
20 the sr and it's very obvious when they they're lice 20 finally found a buyer. The Jagoe W. Jsgoe hasn't
21 a stroke suck. And it just, you know, being on major 21 been very fair, This is like a thrd rocratioe fanuTy
22 thoroughfarts like wt are, we feel the need to go ahead 22 that's been here sin t 1970. So it's --1 know vx're up
23 and upgrade to a better system that gives us some mac 23 against the Rsyaas and that's a tough family to be up
24 backups in case of human txtov which, you know, 24 SpInd there, box I want to give him his credit. We
25 unfortunskly we haven't found in errorproof persce to 25 hart boo trying to sell this for quite some time. And
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I I think anv has boon some incoasistCOCks C$PcdsSly 1 find it very intuatin8 in all of the reasons why this
2 in the paper that I want to point out here. 2 is a good thing for Denton and ■ good use for this
3 I4timam didn't want to buy this pica, the 3 property, that no one has mentioned the trafr1C
4 wbok 29 acres They looking for a five to six 4 nighunare that could result from this particular tun at
5 acct: site. That's actually all they intend to w on 5 this particular place. I don't know if you have the
6 this 29 ages. The paper, I think quoted 12 a= 6 ovabead of the trap that is atACW to the report
7 We're actually I think they're acryally looking at 7 that's slaws the Airport Road, does that 90 up that far?
8 cuing 6, maybe 7 a= at the most We put it back at S May. This is the one I'm looking fa. If you will
9 the whence after mooting with staff to try to comply 9 look 00 page 134 of yaw - I Qtlnk it's 134. It's got
t0 with what vm would hope to be in compliance with the 10 a map and it shows a little bit broader aspect of this.
I I Denton Vision Comma tune and everybody else out here 1 I I want to Iehh you how you are going to have to get to
12 that's cwcerned about the way it looks on the 12 this plot with big 18-whccl grsvmI trucks and sand
I S interstate becansc vr'm concerned about it, too. So 13 truck and cernent tut its whatever they carry in there to
14 they're purchasing 29 scrts, actually more thin that 14 mix this stuff up and then come ba ik out with your big
15 bomse there's a piece of the other side of the 15 cylinder trucks
16 interstate that's pretty much stuck off by itself. 16 Therm is no access south of the Airport Road
17 But what thcy'te doing here is mahdtug a 17 overpass where trucks can get onto the service road into
IS commitment to go back into the caters and kave the IS this property. 'lb= is no exit coming out of this
19 balance as an investment for rusk because they have 00 19 property to go om to 35. Tbrne is a eul dcsac just
20 cue for it. So WbW you're asking question abort a 20 shortly south of the property. That is a twc-way
21 far as resale goes, they do intend to resak that. 21 service road To Sa from this property from, kt's
22 These are obviously users for that. There's us= on 22 say, 35W going south. You ncOd to exit up and to UP the
21 both sides of at on 7711 that have horn Were foe 23 two lane &cam by the Milkf Brewery, up and deadend
24 quite soave time. So I think there is, obviously, a 24 into the top of the overpass on Airport Road You then
25 window of opportunity that another user could come to 23 have to make on immediate right turn and shortly down
Page 38 Page 40
1 Deotoa that would be a benefit for everybody here and l that you have to male a kfl nun Like you're going to
2 that would not have any kind of opposition as far as 2 victor Equipment with these big trucks. You get to the
3 Iooks. I'm sae another Some kind of light 3 plant, them cocking out, you're gang to have to come out
4 industrial user we hope would oome in that and that 4 the same way.
S would be a benefit for the town. I think the - and 1 S Now, if you want to go to 3513, you're going
6 don't have the Denton Dcvclopment Plan in front of nw 6 to have to go across Airport Road, down Bonnie Brae and
7 there, but I know this is where I don't think we're 7 book a n& up by the Raddison and so through that
a going to have any rtsidcn1W out here Per ere. So 1 8 intersecthoet uric on, i believe, that's Avmue D that
9 think what we are talking about ham is a use that's 9 goes Sao" thcre, cross that and on down, be== you
10 well off the highway, that we're trying to do ewuythhng 10 can't get on to it there.
I l we can to most Ikzlam's desires hiam and gct it bade off 1 I Tim if you're going to to north on 35W,
12 The road and have another 22 to 23 saes there *A has 12 you'll go on Bonnie Brae under the ^ follow 8o0n a Brae
• 13 good road [rootage that a nnber buys can come along and I. and then @a on it imrocdiatcly north of the Bonnie Brae
14 use and produce 50" more jabs and irtdustrY to the Area 14 overpass. If you wart to go back down soup on 35W. i
15 And I think that's where these folks arm Coming from 15 you're Snin; to hove to go back the way you came iN
16 So I'm just asking you to try to eomsider everythiry 16 down the savior road grid make a real hard right tun at
t7 that they am trying to say. Trunk you. 17 that little service down there and go back to art 00 the
IS MS. SCHEATL anyone else to speak in favor? IS Wastak gang south towed Fort Worth
• 19 Anyone else in favor? Anyone to speak in opposition? 19 The access 10 this place is terrible. The • •
20 Anyone to speak in opposition? Good evenin8• Would YOU 20 staff has noted that this is a particulAr Zoning that is
21 place give your name and address. 21 requested. It does not have any Wlmsiry restrictions.
22 MR wtirrtm Good evening. My acme is Mike 22 Now, I don't know if they are Wking about how many
21 Whitten. I represent the Raymf Companies, and Mr. 23 pieces of foundation you can put on a square foot of
24 Newton RAYatw. Mf. Rayzor has filed m opposition to 24 land. But if you ate talking about tmTir: intensity,
25 this. And we're opposed to it fa a lot of reasons. 1 25 you are talking about a bit probkm. And I notice that
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1 Mr. Scott has not spoken to bow many trucks are going to 1 that you put this plant 1,000 fat off of the service
2 be going in and out of that pleat each and every day. 2 road, boot you put it right in his backyard. And he
3 And I think it's a big probkm It's unlike any other 3 doesn't like it and thinks it will significantly daalue
4 industry out there other than the existing batch plant. 4 his property.
5 And 1 don't know bow to coartpare those two other than to 5 I think it devalues all of the property
6 say I think the one the's out that is going to be a 6 around these. And I think that is one consideration
7 good deal smaller than this one. Now, he may correct me 7 that should be made by P & Z in this case. We have
8 on tha4 I don't know. But just based on what I've a heard bow much advaacauent has taken place in the
9 read, it might be Iatermstirg to know the history of the 9 technology of mixing concrete, I gtxss, would be s good
10 batch plant that's out there. I think if you're going to way of putting it, And how nice and clean and wonderful
I1 to if you check the city records, I think that's been l l these places are. Well, just go see any of them. 1
12 out there for a long time, It was originally Lake 12 don't are if it was built yesterday. It's bow than
13 Cities Concrete and I'm not sure it was even in the city 13 it used to loo, but it's not somedting that you would
14 when it got in there. That would be an interesting 14 want certainly not next to year hwne and ceruuny not
15 qm-a is how did we get a batch plant out these in 15 next to your business if you were in a light industrial,
16 the first plan, And I think you may find that it was 16 ligbt marwfocturin8 or rcW outlet out them on 35,1
17 not something that the City approved. It's something 17 doo't think you would wait this that, And I think that
18 flat the City may have inherited out these. I don't I I the property of the surroadng landowners is aomctung
19 know the answer to that, but I think it's deep back in 19 that really needs to be motidacd ham. I mean, by
20 the recesses of my memory, l think tat'a what the fads 20 putting this heavy industrial use immediately between
21 two existing light industrial tracts, I think it amount/
21 are.
21 1 find it strange that Benton which has done 22 to spot zoning. Now, we can get in a big kg d arguaenl
23 so mmb to try and develop cken, fight in6agry, 23 about what spot zoning is and Mr. Buck knows how --1'm
24 partiarlarly in this area of Deaton, and so much that 24 not sure anybody knows what spot zoning is. But that's
13 lag been done to improve and push the arcs around 23 certainly on argument that can be made here, that you're
page 42 Page 44
1 Airport Road with industries such as Petebil4 Tex•Pac, I picking ■ sW4 a small spot, they're saying they're
2 Victor and so on that they would want to put a batch 2 going to use five to seven acres 1 think the portion
3 plant right in the middle of Out. 3 dot is devoted to the b uvy industry is about 12,
4 rim the off report, fuss page, strnvurding 4 wmcthung 15cc that. I don't have my - here we go,
5 lad use and coning, what is immediately north? Light 5 He's going to put - diey'rm going to pug one plant of
6 industrial land use, Manufacturing and twit salty. 6 half of what the Roanoke plant is if 1 understood what
7 11'bat is imumdiaiehy south? Light industrial, 7 be was saying correctly.
8 manufacturing and retail sales. And yet we want to put a Certainly, that may be what is anticipated
9 a pocket is there of high intensity, beery industrial 9 at this time, once to zoning is in place. I'm no
10 usage. I don't think that's good lend planning. 1 to ontain what autbority the City will have to limit it if
I 1 don't think it's good zoning. And I don't think it's 11 additional facility or production values we placed
• 12 what the Planning and Zoning Commission should do in 12 there, if he wants to build a second cot there.
13 this particular cave. 13 The five story limit, 1 mean, I don't know
14 My client owns a substantial amount of 14 bow high anything they will actually build will bR but
15 property, Ile owns 160 arses just north of the 29,4 15 by putting a five story limit, I Crean, you're looking at
16 acres and south of Airport Road and approximately 1000 16 50, 60 fat in the air and that's a pretty ta$
P acres north of Airport Road, Ik has soil some property 17 structure to be towering over alt these one story or two
18 for the major U& industries the are out therm. Take is story developments that are immediaWy in that area.
• 19 Tetra-pac, for example. In his sales cm-tract with 19 First, let me say this. I have known the l • •
20 Tars-pac, he pledged to develop the balance of this 20 hgoe family all my life. There are not finer people on
11 property in a conforming fashion for appropriate light 21 the face of this earth than !ere hgoe and his family.
12 industrial tuts. He made tut promise coolractually to 22 And Mr. Vanderlaso made a comment about the Raynor
23 these folks who brought that fine Indtatry to our town 23 family being prominent and that's true. But the
24 And he is very much opposed to the heavy industrial use 24 decision that you mate I'm sure won't have anything to
25 backing up to his property. It may be well and good 25 rho with who the people as It shouldn't. It should
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I have to do with the merits of the particular use that is I what I mear(t to say. And when you say it's the serene
2 sought here and the particular rating that is sought. 2 use, there is a batch plant back thee, but that's not
3 A couple mere things. And I didn't quite 3 all that is there. AnY other questions?
4 understand this. Mf. Powtll - Captain Powell used the 4 MR POWELL. Yes, just fa your peace of
5 example of the plant down here in this part of town as S mind, I haven't talked to Mr, Dodd in mate than two
time and it really 6 years personally. I bavem't seen him in probabty that
6 wtlk, that's w ban there an for long Y 7 tong either. And I might say be's gotrea a lot older,
7 haa1't hum anybody, , and 1 don't thick he got the answer of what his assurer would be and 1
t that he was expecting from Mr. Dodd there. 1 think be g but 1 had no concept
9 was expecting Mr. Dodd to Lay be thought that was a 9 asked him the question. I expected the truth. And I
10 lea dL And I think Mr. Dodd was honest when he .mid, 10 got it.
11 stn, it Was realty a probkm 11 M0.. Will ES! Well, I didn't 0980 to imply
12 But I think hi'toin Only Of have take 112 odavi9c, Bob. I don't kww what YOU expected It
3 seem ed to ene that when he said that be though it was a
13 into recount that that's in one Of the poef v minority
td, area of tows placed among people who probably did not 14 detriment, that that may net have been the araswet that
II out when it went in IS you would have expected to get. I did not mean to imply
15 havro 119 political clout to leap .
16 30 norm odd years ago. And it's like the city yard out 16 that you had spoken to him before or had any i&a of
11 here that they are using as w example. '[hat's a 17 what he was goirq to say. That's AD I have.
I g nonconforming use and anah4 that's not in South Is nts. s(:RExTr Bank you, w. Anyone else
19 Ridge or Forest Ridge so to ay to use those as 19 to speak in opposition? Anyone to speak in opposition?
20 examples of well, you know. we've got that there w this 20 At this time we'd allow the petition five minutes of
21 couldn't be any worse I just think is totally 21 rebuttal time.
22 inappropriate. 22 MR SCOTn I have no rebuttal.
23 It seems to the that the issue in this case 23 MS SCHU71- An there any questtom of the
24 is whether of not you have got an era that has 24 petitioner at this time?
1
25 historically been dedicated to developwent of tunes, 25 MS GoUaOIE Yes. I would like two answers
48
Page: 46 Page
1 light indmtry and suddenly you're goirll to Put heavy 1 to two of the questions that were bratgltl up. One is
{ 2 industry. a dirty industry, in dnae. And mark my words, 2 how many uucks do progress on this road each day?
3 ■ concrese batch plant with all the sectmological 3 MiL SCOTr: 1 can't answer tbst Our
4 advances that have been trade is still not a clean 4 original idea that w: have looked at would probably be
5 industry and it's not something that if you owned s to station approximately 10 nadymix trucks in this
6 property that you wanted to develop, you would want 6 facility, 10 ready-mix trunks that your yards
7 That's NU I have. 7 maustry avaase s somewvhere abet man
anywhere new you s [tour per truck to give you some kind of idea of about
t Ms. saIEitT7 Are there any 4uC560
9 M0. PowEU I have ■ question about your 9 yardage what we are looking at. We try to -
10 question about the mart one page one. It says - Of you to K& GOtlMF Actually, if you could just
1 I said it says and it does fay zoning to the south is I 1 limit it to probably how long it takes for than to gel
12 light industrial, manufacturing. Mail "leer. The 12 their oemcra, drive to the place and then drive bathe to
• 13 zoning could be light industrial. I have no idea. But 13 get reloaded Maybe that would help me iostead or
14 the land use is exactly what is being asked for bee. 14 )vela.
Is MR Wi rtEn: Well, you're talking about the IS Mir SCOTT, Well, it varies so moth, boom=
16 TXI plant? I think if I'm reading this map (correctly. 16 just like right now we are coming out of Rnaneke. so by
here 17 the time you go to Aoarwke to, say, Argyle, you're
17 I% I'll s eYU lore, -J)km we opopmaat. ge. [ think ftht ink s the slang
road that 18 looking at about an hour and fifteen found trip. We w
deeI -
18 there is is existing
• 19 goes back to Tb is right Bert. And the T?0 is back 19 could be paring concrete for feterbilt tomorrow and it • •
20 here if I'0 wading the nap notedly. That are 20 might be a 30 minute round-trip. We may be taping
21 there is an existing business that as for as I know is 21 concrete over to Pilot Point. Tbry may be sane for two
22 not connected with na hem and w you're putting - 22 and a half hours.
23 here you've sot Iight Ipdustrial. Hen you've got light 23 nett oxr mM so would you - cane you
24 industrial and here you lave the proposed use, So 1 24 guesstimate an avaVV truck would be three tripe Per
25 think you we putting it right In between. So that's 2s day, four trips per dry, more or less? I know thin is
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I wally -you know, I'm just curious because this is a 1 piece of property will present itself as a nude large
2 big factor for me and so 1 Would like to know 2 gavel. And there we have to try to sell Off 'he
3 ar0. SCOTT: Like I said, the industry 3 property that we don't need-
4 avere9e is about three yards per man hour, We average, 4 MS. SCtTRTL well, what I'm catoerned shod
5 typically, somewhere around 12 boors a day, so that's 36 3 is as Denton grows, there's dcfnniwly going to be a
the demand
6 yards per uuck_ So that's about throe and a half loads 6 need for mots Concrete- Would you say that
7 a day. It would be sorewhere - average. 7 for concrete is on the up and rising? I mean, how - I
9 MS rMKDIE okay. And the other question a know that answer. Bid I'm not sine everybody else does
9 was brought up well, the thought that came to me is 9 here on the Commission-
10 if you-all are going to only be using five to six saes IQ MAL SCOTT: yes, ma'am If we didn't fed
l l in this heavy industrial eta. why are you mques* I t that Denton was on the growth and there was going to be
12 :he 11.562 be in beavy industrial? 12 a need for concrete, we wouldn't be investing the amount
1l MIL SCOTT: %1= we came in to split the 13 of money we'rt fixing to invest in Denton if we're
14 zoning, in order to 80 the 1,000 foot wtbaclt that L4 allowed to build this plant. They're sot cheap to
15 ytu•aH requested and looking at the way the property 15 install and,*r surely wouldn't spend this amoamt of
16 was Laid out, in order to put our detration pooch that 16 many if we didn't reel that this was a long term
17 we need to atop all of the nmotT and hold *he excess 17 project. And our trucks are going to be here, like 1
18 Water, we fit instead of trying to art it off into a 16 said earlier, we're going to be in this town. We've got
19 smalkr square and put a little L "PC pocket behind 19 Lewisville. We've got Roanoke. It would just be
20 the back of it, that rally we couldn't sell it. This 20 beneficial for us to locate in the vicinity where we are
21 was the easiest way to, basically, develop that piece of 21 pouring concrete. We do have ■ perishable prodtxt and
22 property for sale is just to cut a complete square out. 22 it behooves us to be as close as possible to cur target
23 Tic mere buffer that we feel we can- put 23 market
24 around ourself from our neighbors the better, just 24 Ms. SCKEItTZ some of the other locations
25 keeping our fence line as far away from the batch plant 25 that you eoosiderod, why were they f nest, 1 gets it
Page 50 Page 51
I as possible, putting acute gran- tone areas around the I could be price, but was any reason because it wasn't
2 zoned correctly or bocnuse of residential or - I'm just
2 pleat
3 MS. OOMIE Okay. So is there any 3 curious where -1 mean, if Denton is to grow, where
4 possibility you would expand this plant? 4 we're going to put is concrete batch plant if we tad
5 MIL SCOTT; We have no plans at this time, 5 one.
6 but 1 cannot say in 20 years if Denton grows at some of 6 scn SCOTT: Teat was our biggest problem.
7 the rates that some of the inter-shies have grown,1 7 We could not find areas that were restricted to not
a can't say that we mar would. At this time we have no 6 altowing houses and eery are that we looked io, them
9 plans, but I'm not going to sit hero and tell you that 9 seemed to be a house that was close by. I
c r youd gds
10 we would never expand. 10 in the country. you still - you l l MS. oot3 m okay. Thank you, Mr. Scott. I I the developments out in the comhave to munities.
And as iwacs
12 Appreciate your time. , 12 and all of that came and grow around you, then you have
• 13 W. SCHERTZ: Did you look at otlrr 13 a problem because it doesn't mover if you wan there
14 k S60rts in the city to locate your plant? L4 fast, soroeow am build a house behind you the next
15 MR. SCOTT: Yes, ma'am. We hate - they is day. And they are going to give us trouble. So we have '
16 have been looking for about throe years to find - not 16 to look for ergs like this that we know W residents
o daily searches but - 17 we going to be growing around us.
1n- KS. SCHERTa1 Off and on? is MS. SOMATL Wen, I understand that some
19 trgL. SCOTT: -they have had some feelers out 19 light industrial may sot be favorable of you locating • •
20 for about three Years on some different pieces of 20 there, but 1 can todastaod residential is going to be a
i1 property. And, lice 1 said, we really didn't want to 21 lot morn less favorsbk.
22 buy this. We're nil in the development business std 22 wx soon: Yea, ma'am. And that's, there
23 we're not in the r %ti estate business. We didn't want 23 again, that's the reason we are not trying to develop
24 to have to get inv.4ved in a pits of property we Vitt 24 the piece of property we hate now became of the
25 going to sell, but a lot of times that's the only way a 25 residential confinemeo3 around its. So we want to jet
Planning tend Zoning Maetiq, Antgw27, 1997 Page 49 -Page 52
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i out and get away and get in an area that w c ere not 1 with the exact kind of equipsneat as are and I don't
: feel like there has been any buge traffic jam or
2 going to he disturbing people.
3 MS. SCHERTL why do you think we shotddr't 3 oomplaints out there. I have been on tk site multiple
4 worry shout the traffic and the osd I'm partieuluiy 4 times Iookutg at bow we can ini rtss and egress from this
~ and to work to get the 1.000
3 interested in the Toad owAtica. You're building a 3 piece of property trying
6 road to get to your bswb plant, correct? 6 foot ofisd and how we elm lay the plan out.
7 m it. SCOV: Yes, ma'am. 7 Ms. SOMAT2: well, I travel that road
g rte, scitERn you have built other batch s often, srd I'm trying to remember how many =oriole
9 ptw-% so you know what type of road it takes. You 9 truck I've seen. My children have goo out to sdaols
to know the war and tar. You know, you are going to have to out there and I'm trying to also picture the:. I just
11 to maintain it. 1~, scs imins you're no going to i 1 appreciate your input. Does anyone else have any
12 buBd one th -i be that destroys easily, so 12 questions?
13 bdp me w v - 1 mean, all of these letters 13 MR. PMEtt.: Yes, but I saw Mr. Engclbtccta
14 that are cor a ye concerned about property value 14 was about to ask something and I've already bud quite a
15 going down and traffic oa their roads and destroying 13 bit of the floor.
16 their roads, to if you could addre, s that road issue a 16 MIL ExGEt.e RECtm Go thad-
17 line bit md ra' tly, I'd apptxiW it. 17 M[t rOWEt.I_ You're going to build a plant.
e o fao
1 E MX SCOTT': One o( the reasons that we I iked 18 can you give me a germeral, +v* idea of whit the plant
19 this are was be=aux it was on the 1.35 corridor. The 19 and facility will be worth when it's finished.
of T am and the feels build it 20 MR s=oft': Putting the hard numbers on
21 20 much fracas D better Department
roadwry than raasp whw ti the typical county or try 21 that, you can basically say we've probably tot by the
et .
22 roads are because @mey are designed to ham the 22 time cos get completely through with the reclaim. all of
23 Materials that are traveling across m these Wads 23 the coornete paving, putting the plant in, the batch
24 b=ase rand impm vements such as the pee, fen^ and the
25 that s what they're designed for. to 25 him we're probably going to be in the neighborhood of
25 atS. sctrERn so that s another advantage Page 54 prnje 56 3
i
I the location - I a rnillion and a half dollar, i
2 MA SCOTT: Right. 2 MR. POWELL: So if you could uy without
3 MS scHuTZ - of where you acre w7 3 exaggeration then, that you err join] to add a million
4 MR SCOTT: Because we are actually oa roads 4 dollars to the tax base in Denim?
S that are designed for this use and for the heavy truck S mit. SCOTT: Yes, sir.
6 warts And we have been in contact with the Texas 6 MIL POWELL: if it's going to cost a million
7 Department of Transportation and I'm are there's 7 and a half, and I'm being real conservative here.
s probably some people in y'ell's Development Board that E MIL SCOTr: Yes, Sir.
9 has had some discussions. As that areas grows. TxDOt 9 MR. POWELL :tank you.
10 has plans to increase service road capacities and also 10 MR. ENGEUNTZHT: My qumiat CormaTned the
I l entrance sod exit facuit;a for the =nice roads, just I l life of the plant and you had rnade some mention of
12 like all of the other aereiee roads that ice on the 1.35 12 minimwn 20 years just in your atataMettts then in
13 corridor. It is something that we have done our l l passing with regard to some other gtiestiom So you
14 homework on and are looking to the firm btxauve we 14 would we this as 20 plus, possibly 30 year sort of i
15 I au't make any money if 1 can't gel concrete out the t5 facility?
16 door. So it's the customer doesn't buy it until it 16 MR SCOTT: A ready-mix plant is it's
17 arrives on his job. o basically a piece of equipment. And it's a piece of
is Ms. SCHEATZ W. Rayror'e representative is equipttmettt that we can constantly rebuild. We have
• •
19 just, you know, when I listen to him describe the roads, 19 plants in our company that have ban in operation over
20 ad I agree with theroutes. It was just like it was 20 40 yeas. I have one of our older plants. 11'8 down in
21 going to be tench it tight nnn for them cooerde trucks 21 CoppelL I just finished oonvatinj it era to this
22 to be making and going in the dillarat directions, are 22 C A W dust collector syskra it had the old clotirtype
23 you c«aaned about that? Do YOU agree with that? 23 filter bags that just basically weren't doing ft job.
24 Met sco2T: At the present time there Is a 24 We weren't forced to, but out company is committed to
25 company that is doing the exact kind of business we are 25 being a good neighbor, Page 53 Page 56
Pleasing and Zoning Meeting, August 27, 1997
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t That plant right there is on the Of comae I 400 people that were in opposition to us. We coded up
2 out at Valley Ranch. To give you some kind of idea of 2 puning the plant in and everything went fine. But
or we've
3 seat kind of neighbors I have ouri tlnCne, ! can stud on ) unfortunately, we have abused the industry
4 top of the silos and we the training facility for the 4 abused the environment We're trying to chupp that
S Cowboys. We Constantly upgrade the plant and constantly 7 image now and turn around and clean up. And the only
6 rebuild them so that there's this plant ould very 6 way we can do this is continue to make improvements to
7 easily ezoeod 30 to 40 years in its location. T our plants as new technology becomes available, to
nuke Ow into
s Not. t~imm; while you could constantly B continue to bring green secpa and things
9 make improvements to the plant, the physical structure, 9 our areas. We ere having a hard time the trucUng
10 the production facilities, what we have seem over time 10 situation, I don't know if you-all are aware of it, but
I I is that the groundt the whole area of the aesthetics I I it's hard finding professional drivers tight now. And
rotaest, corkan and their 12 you have to give them a dooent place to work. It's not
12 has twmsLntY geld '
13 requireme nt$ bane continued to grow over time. And I 13 like it used to be. You can't prow them out there in a
~ for 12
14 think it's a question of concern is this area has ■ 14 mud We and let them stomp around in the 15 gor d dal of maauracttri ng and I& iodustrial in it 15 bout
s a day. They have to have decent working
16 and most of the property owners pensive that as the 16 conditions
I7 future. 1 mean, even you folks, evidently did because 17 So our innd%nuy a a whole is trying to pick
is that'a what kind of zoning you're asking for on the rest IS it4clf up and clan itself up and I can't - wt an
19 abide by the landscape ordinances that yowall give us
20 i4 of that brat SCOTT: Yes, sir 20 and we're gong to do our best to be a good neighbor out
.
21 stn ENGEL1uREa r: so what do you we in 21 then I have people from Peterbilt that we do business
22 terms of Continuing improving that aspect of your 22 with. And, you know, these guys carne on their own
23 fmnvill to come up here and speak for us, I can't let
23 facility to match the weds of light industrial as time
24 goes by? 24 them down. 1 man it's we've got some n eigbDors
d
25 sat scorr: First example that coma to mind 25 I live up here. You know, I don't want to drive by and
Page 5s, Pmgc 60
I is our Plano operation. We have that plant has been 1 we a run down looking plant every day.
2 there 25 odd years. The town has grown up around it 1 2 So we have interest in the corn, amity. We
3 have just spent about S 12,000.00 in landscaping at the 3 are ;pally owned. We are not owned by some
4 Plano plant just because we we we are right on the 4 co%lomerale frwu out of state or even out of country.
5 roadway there. There is no offset We don't have a S We are a locally owned company and if Vick Iitimore
6 1,000 foot offset We have a five foot offset off of 6 walks into Denton, be doesn't want people throwing rocks
7 the City street We bought Some more property when it 7 at him bocause he's got some old runndowrs broke down
a became available just to give us more of a buffer zone a plant sitting out tbeee on the edge of town.
9 and to allow us to expand a little bit more. And in 9 sera V4GEUXECHT: Now, the lsodsape u
io this expansion, we've added some greenery around the 10 going to cover t1Y area around yew grounds. but,
11 front. I I obviously, this is just a plain drained link team 1hYt
12 I just Monday and Tuesday I was in San 12 Peterbiit and Tetra•pac have. You have 11 owes bore of
13 Antonio for the Texas Aggregate Concrete Association. 13 which you are going to use maybe five or six. Some of
i
14 It was an environmental semlinar. Two of the speakers, l4 that will be paved and I'm assuming the test of it will
IS all they talked about west what our industry was having 13 be grass or some o6cr ate" area. What do you plan
16 to do to clean err, ;r~ 7Cp1esentation. 1'M trot going to 16 to do to maintain that W= five, six sass in there?
17 si: mere and tell you we're we've always been good 17 San SCOTT: we have approximately five
I s guys, because we haven'L Some of us still aren't good is mowers with evedders on them that we ha -
• 19 guys. We're toying to change our reputation in the 19 example is Lewisville, the piece of property front t11 •
20 industry and this is the only way we can do it is to 20 our ptant in Lewisvilk, we have approximately IS aaa
21 show people because it's, unfortunately, as Mr. Whitten 21 that is -nee don't have it for oak at this time. But
22 said, everybody's ides of a Concrete batch plant, they 22 it is something that we have to keep maintained mod
23 all just ram screaming. 23 mowed or the City of Lewisville would be writing us
24 And I've built two down in Austin sad I'm 24 tote. We run a shredder proms it and control the
25 relieved. The Iast public meeting I showed up at 1 had 23 gnaw. We also have trews out there ooadondly
Planning and Zoning Meeting, August 27, 1997 Page 57 • Page 60
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I controlling the underbrush. I gum I can't really I bar wfi s final remarks
2 answer your question. We do maintain our green area 2 M4 BATEMAN: This is easy to see this 1!
3 and we also try to leave as many trees. And you visited 3 not a black and white issue, but as it relates to the
4 our Roamke site, you said, we kft a border of tree 4 Denton Dev 1cPmed Plain. this proposal is consistent
5 compktely around the property. 5 and, therefore, staff does recommend approval. We are
6 You know, it's a pain for us because the 6 recommending approval with five c`00660 ha. They're
ay o d theho0o your backup and if you'd e me to
7 birds roost in those em and I'm parking those new a 7 pop 110 sow an
over than further, I'd b be
It Petabilts under them every night. It would be a Tot !address say these on
9 easier to cut the trees down sad not have to deal with 9 bappy to do so.
I o that. But it's what we need to do to buffer Owself 10 M& PowEW I had a question or two, if I
I 1 from our neighbors and try to allow you Probably I I may, Madam Chairmaa
12 noticed there is a house that sits right there in front 12 Ms. scHERTZ. Yes, Pte' 3 or 130
I I of our piece of property. We aro trying 10 kave the 13 MR towET.t: Thank you. On page
14 trots in between is and them because we don't want to 14 under major entrance ways, it stews that, if I'm read ig
15 disturb those folks. We're trying to dcwelop some 15 it correctly, that this particular facility would have
16 concm* pre-test fencing right now that we can pwu 16 to meet the, you knew, the ro9uirsmenrs of the Not
17 with concrete and come in and sea up along sonic of tut 17 yard setbacks. building covaage, landscaping. signmet.
Its areas. We're constantly striving to clean our Ia curb nuts, puking, and on and on. When I we the wad
i9 properties up. Plano was an old plant. L41M I said, 19 %FAR; I assume the sip ordinance. But staff has
20 it's been there around 25 years. We just invested in a 20 written a wbok new sign ordinance for this piece of
21 550,000.00 swoeM Ir7te you saw in the picture to go 21 property and 1 woods wiry. What's wrong with our
22 into Plano, trying to eliminate anything from leaving 22 existing sign ordinance that we fought ova for yeas in
13 our Property. n%is winter we're going to be in a major 23 this city? People made enemies of each other. Fually.
24 rebuild down in Plano trying to control our water a 24 there wm a compromised settlement that Motwdy was happy
25 little beater. Since we do have sortie room property, 25 with But Thaws the astute of a compromise settlement,
Page 62 Pap 64
I we're going to put in some containment pits and things 1 and it was only three or four years ago. And, _ %W
2 like that so we can control our runoff in trying to bolt 2 are writing a whole new sign ordirmnoe for this one
3 toward the future, Right now we don't have a problem. 3 piece of property.
4 There's too neighbor behind us. But we know eventually 4 Ms. BATFRO: okay. As we've all discussed
5 that will chang; rid we are trying to be proactive 5 sad heard tonight, this is an artbetie issue. This
6 instead of rcacsive. And 1 can't see the company's 6 wtwle proposal is over satreticr. When staff W dawn
bore in Denton for the next few 7 with the applicant, we were looking at ways to mitigate
7 ears. ropey ulhargim8
a years. I or to meet halfway. Ala of the issues that were going
9 MIL ENGE1,U94E0 T: Assuming that they're 9 to come op, seat negatives, we were trying to address,
10 Brill the owoer'I 10 anything that we could to help Make it more Pleasing and
I 1 MA SOOT[: Yes, sir. I I thm's whore the fence came IN the height regulation
12 MA 3arck-r RECHT: Thank you. 12 and also the dgsrage. And that was just one step of
• 13 M& aCHERTm If there erne oo further U meeting balfway to try and improve the w0heda of the
14 questions we appreciate your time this averring. Think 14 proponl. ~
15 you. Would staff like to make any final remarks? Is hart POWELL well, hem 4 on pope 3 cc pope
16 Mx PowEtt Madam Ctuir, before we get the 16 130 t wys only one ground sign displayed on the erArnha
17 Koff, it's 7:15. could we take a break? 17 way aal we have two places d Property here. Now. I
is MS SCHERTL That's been discussed, and if is know you aid you opened this up, that these
• 19 we would choose to take a break before we vote, that's 19 owditiow only went w'th>, you know, the beavy insduhatry' • •
20 fine with roe. I.d's room until 7:25, please. 20 Ms BAtt]4AX C0rtVcL
21 Mu POWELL Thank you. 21 - M5e POWELL. Bed that', not what Is written ,
22 (Recess taken.) 22 berg And if we pas what's written bee, they're going
23 1.15. SC1 can. rd lr7a to ICCOOMene the 23 to have to live with what's written here. And if they
24 Planning and Zoning Commission rneetirig We were about 24 sold that light industrial pkoe, whoever botglt it, M
25 to come to a closure on ]tern No. 4 and we were about to 25 1 mod this, would not be able to put up may kind of
Planning and Zoning Mecums. August 27, 997 Page 61 - Page &
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Page 65 Page 61
1 sign, a sign for this new sign ordinuoe or a sign for I prooedential value to it The only way it's going to be
2 the existing sign ordira=. 2 a probkm is the next batch plant that comes in, it will
3 MS. BA7FAIAN: if you'll note right at the 3 be a v=*knm for you.
4 beginning of the conditions, the following conditions 4 Mx rowELL. Okay. 1 think the only other
S arc just for the proposed property that is going to be s question I have there then, it says that, only one
6 rezo ed to heavy induslria - Property that's going to 6 ground sign displayed on the entrance way fence. I'm
7 be rezoned. to light industrial would be able to have a 7 not aware that they are required to have an entrance way
1 sign that netts our current sign ordinance standards. 1 fence at this stage of the game.
9 MR PowEtu okay. I don't we that I'm 9 MS. BATSMAN; No. Again, it goes back to
10 sorry. 10 our comersation. They had planned on having a gated or
1 I Ma- HILL: n'6 right here, 1 I gated entrance way which was going to have the sign
12 Mx POW LL• Okay. And I apologize for that 12 placed on that entrance way.
13 be-&= that's in big print and 1 should have seen it 13 Mx PowELL• Thank you very much.
14 if they coutdn't put up a sign that meets our existing 14 Ms, scHExT2: Could you help shod some light
IS rign ordinance, I've got to assume that the next people IS as to within the city limib of Denton and how is
16 can't either, I mean, you know. It just doesn't make 16 there a large am of heavy industrial was a where see
17 sense that we're going to lei the next guy put up a big 17 the pockets? Or just give its some insight-
11 high sign and these people can't What am I missing Is its. BATm N; we have, off the top of my
19 here? 19 had, we have three races that are zoned heavy
20 Ms BATSMAN: well, when again, when the 20 industrial, ACME brick plats, the concrete batch plant
21 applicant and I cent down and we went over these 21 right over there - it's changed nines w many lima, 1
22 ItWdeltna that were going to be considered. YOU know, 22 can't think of it as well as Morrison KdliM. And vR
23 we discussed then what type of sign they were pr"posing- 23 have one other site that 1 cannot recall, but all of
24 And, you know, the tesponsc that we roceived was that it 24 these locations are developed. They are developed to
Capacity. f
25 was going to be they wonted to have a sign on their 25 their There is nowhere in town that a batch
Page 66 Page 68,
I entrtutce way. They didn't want a pole sign. And so I plant could actually go right now without requesting It
2 this was something that we, you know, met in agreement 2 Specific Use Permit or rezoning to bevy industrial. A
3 with as far as you know, we had no problem agreeing 3 pernsanari batch plant requires heavy induutrial zoning
4 with what they wanted to do. I'm sure the applicant an 4 and a tentponary batch plant an be approved only with a
S go into that further. But as far as if you vatted to S Specific Use Permit. But since this was one that was
6 place a condition on the adjacent property, I'm sure 6 not going to be temporary in name, the heavy
7 ASR. Pow'ELL: oh, I don't. 1 just don't want 1 industrial was their only optica-
a to set a precedent that places a condition on the 1 Ms. staIEATL shank you.
9 adjacent property. That's what I'm worried about 9 atx BmiL. 1 rnight want to odd something
to Mir. t' n. if I can help out with the 10 to that. Sits this is the staff time, I mi& ought to
I l answer, I Clunk what is being asked if I've got this 11 add a couple of points because some legal irsues Were
• 12 correct is, what about a subsequent user. Am they 12 raised tonot sad we need to be consistent as the
13 going to be equally 13 Commissiona was mentioning. The problem We run into
is mp- POWELL: well, I'm talking about the 14 when we compare existing bath plants in the community ~
15 light industrial property directly south of it and if we IS is rally irrelevant because: We're looking at this batch
16 tell these folks that they can't have a normal what I 16 plans today and the zoning ordinances that are in effect
17 call you know, when I say normal, l mean, one that 17 today.
i1 meets the repiremnts of the sign otdinance. What are 11 Today, if, for instance, the City of Denton
• 19 we going to tell the folks right txxt door to them? 19 was doing a batch plant, they'd have these sane
20 MR BUCEX Let me be sure you're clew on 20 requircmects to mat. If the downtown area was waking,
21 the because we worry about legally when you set a 21 they'd have that same requirement to meet. And I think
22 precedent. if someone: else comes along that is a batch 22 it's pretty clear with the way the Denton Dcrydopeent
23 plant, you are going to have io do this same thing, but 23 Plan is worded that in all likelihood, there wouldn't be
24 if they're in heavy industrial and they are not a batch 24 a b" plant in the location in downtown and than
25 plant or if they're light industrisl, then this hits no 25 wouldn't be the Cory's batch pl" as well under today's
Planning and Zoning Meeting, August 27, 1997 Page b5 - Page 6F
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1 standards. The reason those are there and the reawn 1 probably the bat place it's going to be and it's going
2 you kt than stay there is when; 60 you [Hove them to? 2 to have to be somewhere and this is why you would be
3 So that cmatcs the pmbkm The main problem we have 3 voting for it today. But I think those the concept
4 is that every type of lawful business has a right to be 4 we're dealing with is this is one of those kinds of
5 in your community. You an reach a point where you have S industries that really nobody wants to be next to it,
6 so many of a business you an say, like, if you have 6 but y% have to have it.
7 heavy hndu al and you have a large part of you is 7 Now, keep in mind it's the same kind of
a heavy industrial and it's all built out, if you cm s situation when we get a sexy-orkmah business. Nobody
9 raaoaal= that to a Court that you have enough heavy 9 wants a sexy mooted busiass next to then either, but
10 industrial, then that's fine, 10 they have a right if they OMVIy with the guuddines
11 When the staff moommevds this to you, it's l i uodet federal law to be them. So there are Certain
12 only because there's a teal cow" that maybe a Court t t uses out that that could be worse, I think, than this
13 could say that in Denton those "Led ores she's told 13 use for a neighbor.
14 you is not YJficolt heavy industrial in your 14 MR MORFNO in lookutg at the Denton
is cwnrmmity. And so the question then becoc es wbem do 15 Developroent Plan, are them any areas within that plan
16 you put heavy industrial sad Mr. Whitten raiscs, well, 16 that arc earmarked for heavy WusIzW7
17 this could be spot zoning. Spot inning when we sea it, 17 Ms BATEMAN: This is ere of them.
is most of the time that it occurs, it's where you aught 18 MIL MOPM;O This is one of them?
19 have an area that is totally residential and right in 19 MS sATEMAx: This rma is a portion of the
20 the middle of it, you stick light todtntrial of you 20 sped BI purpose activities center wh a extends ova to
21 might stick Borne kind of eomrnaCial. Tbose arm claw 21 the airport and - as well as to the north area
22 cases that that's spot zonitg. Now. spot zoning am 22 as I stated earlier has no intensity.
23 beyond that. And that's that gray ate; where does it 23 cakWate intensity. And for that reason, it's designed
24 bit 24 more for major activity centers, *or industrial-type
25 Traditional zoning caves that have been 25 uses as well "it even stater in the plan that single
Page 70 Page 72
i upheld when they look at the situation we had with the 1 family or residential properties we discarsged from
2 map earlier, you try to traMitlpt - is bang in these alas for that reason
trsasidoniag 2
3 what the Courts look at So like if you're going to go 3 MR. MoRwa ere there any other area that
4 from resdrntial, the next kvml is usually apartment 4 are similariy earmarked?
5 zoning and that you get into commercial and then you gal s Ms BATSMAN: ter, w.
6 into light industrial and whatever. W4 in deface of 6 M0. MORatO So if this cep kM( is [[turd
7 what these peopk have proposed to you today, Usually 7 down this evening, he's gal no place else us to go; is
s you would put bevy industrial, the buffo to it is 6 that what I'm hearing?
9 light industrial. 1 mean, thee's just oo other buffer 9 Ms. Mn.JaO Ax: Thee are h meant, if you
to you would put next to it So there's light industrial 10 want to hook at it as far as there are other' areas
11 to the front of it, so this kind of tows. 11 within the special purpose activity censer. Yes, But it I
12 But that is no question that it's Lever a 12 would be within the special purpose activities ankr.
• I3 done deal as to what would be spot moing. But what 13 And his other option would be if you wat to go oust"
14 staff moommetds it to you and we took at these things, 14 the city limits, we would not be able w mptaae them i
15 Nye consider the fact that the m's got to be heavy is except through srmxatiom
16 industrial, that there's probably got to be batch plants 16 M)t MoRalo• if he goes outside the airy
17 sotocwht m in this community, then this summed like o baits, could he build something that was built kn
f Is something staff could moonunerd to you is }tats ago in regards to eavkonmental regulations and so
• 11 19 If you want to vote against it, then you 19 forth or is th m something within the TT;RW • •
I 20 creed to be thinking, there's going to be other areal in 20 tuts. BATs&w-. with the TNttoc, t don't _
J 21 the commuolty whom they come in I'm going to vote beavy 21 l den they could do it
22 industrial there and I'll put the batch plant thus. I 22 Ma. MOaa+o d°ry• Thank you'
23 mean, that's the rotiotauzation you need to be taking 23 Ms Sc2tEM Art them say Mlle gx1dow?
24 if you're voting against it And if you're voting far 24 Mtn rowEtl Tim, did you hive one?
25 the situation, then the theory is you think this is 2s MIL V4Get9RBCitr: 00 mead.
Flaming and Zoning Mating, August 27, 1997 Par 69 - Page 72
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I issue. There is a lot of gray. And there is a lot of
t rtR PowEw rm not sure than I understand
2 the 'X" in this somewhat ir4waistent arm. It would 2 hard decision rmking that has to be a lot of
3 soem that if all of the major entrsnoe way requirements 3 potential conflicting considerations that have to be
4 have been met, why isn't rnnsiste°t rather than soa.-v hat 4 taken into account The thing 1 think that has happened
5 ioconsiexot uoda the major entrance way area 5 is, if you look at this box as to what has been checked
6 as sanewhot mommsteot, we are talking about how do
6 Mi isATFldAN: As stated right below
7 MIt POWELL 3 saw that, but I don't 7 you wort in a special purpose activity cents for a
8 u nderstamd it 8 major entrance way? Okay. Tbat's where the trouble,1
9 Ms. DA78MMt: well, the design of major 9 think, occurs l omm if you look at a special purpose
10 entrance ways is the aesthetics, the goal is for to activity center without any Iimiu on trip pricivioa,
I I aesthetic quality. vistal bewAy. Beatuy is in the eye I i and it's supposed to be a place where intense activities
12 of the beholds. I meats, we've all beard that one. 12 occur, cauinly it is consistent Arid that is why 1
13 And, you know, as Mr. Bucdk stated a concrete batch 13 think that you roe the taonvnendecion for approval.
14 plant is not sott><thing that people would normally fad 14 Howevw, for a rtaja entrancee way, if you're
I s esthetically phasing. And for that reason, it would be is ulkieg about bow a community looks at its s and
16 difficult to we that this criteria would be met But 16 how they took visually, this is not going it be ooe of
17 when you look at each of the specific guidelines whore 17 your top chooes to put that, whether it's 1,000 foot
18 away or whether it's 25 fact away. The fact that it's
13 they can be tact, you can we that for in oat rata as in somewhat intcorssistent
19 far as the KhW guidelines, they are rod, but as far 19 1,000 foot away probably pier it
20 as the aesthetic visual quality, that's a black and 20 rather than completely inconsistent So that is why it
21 white Issue, I mean I mean, it's not a black and 21 is there and oauinty that is a subjective ju(" and
22 white isAr. It's no easy to see. And so for that 22 you may and the Commission may decide they wad to
23 reason the staff would believe that it was easier to be 21 disagtoe with that.
24 somewhat inoortsiAertt. 24 MP- IacaUaEcxr: rd like to comment on
25 MIL POWELL' rt would seem to me that the 25 that if I Might I applaud the stall's position. I ~
Page 74 Page 76
1 biggest hassle here would be the aesthetics, like you t think it seen to fall right down the lute We have
2 say. What it does may what is called here a front 2 some major business property owners and business owners
3 yard setback and it probably far exceeds it, though 1 3 adjaxat to this property who are opposed and ore of the
4 don't know that for a fact, but we're talking more than 4 reasons they area opposed is aesthetics stated in their
5 three football fields. It's very difficult to see the 5 arguments
6 existing plant that's equally far back from the h i&"y. 6 Secondly, the applicant himself suggested
7 1 had a rider with me and I took her out there 7 &.It at a ttoeot conference, that was a major issue that
s spocificalty, to show her the existing plant because she 8 was addremd. was the eesth dice of their basically,
9 was worried about the new one going in. And I had to 9 the aesthetics of their facilities and that they are
10 practically stop the car and point it out to her. She to working on that issue. And it seams to me that that's
I I couldn't Find it. I'm talking about the existing one I I right bet ton ght w4 yet, we have others who are
12 and this ortc is back 1,000 fat So I don't sea why if 12 quite happy to have this facility, to it does ram to be
13 it's really back 1,000 feet and it really meets the I) wmcwbat - I kind of suspect most of us are sitting
14 setback, why oouldn't it have been just as easy to put 14 bare sort of •somewhat' on this case boause a number o>t
15 the "X" in the consistent? 15 issues pro and con. So 1 think it's most appropriate
15 MR HILL: rd like to put something in 16 that that be the ctassificnian.
17 hers, if 1 may. F•srst of all, I'm the one that asked 17 sta. POWELL. Well, I think Mr. Hilt
18 Donna to make the change, all right, bet: cow when she 18 satisfied ere when he said that it was a subjecti%e
• 19 first put this staff report together, she simply 19 decision. I'm happy with that becaus a subjective is • •
20 m orrlmmded approval- 20 just that and each of us will make them dtlfaattly.
21 MR POWUL: I know it sounds like I'm 2I Mot HILL' 7te one point I will make is that
22 picking on Donna, but she's the one that's up there. 1 22 when it comes to the scabcdea, wt id took at asomic of
nd if
23 don't leave very much choice. 23 the moornrowdatiom in the original
24 Mk mu: And I'm going to try to help 24 you look at condition lumber five, you did change that,
25 explain. And this is obviously net a black and while 25 mcogniring that the property is a the actual batch
PIanning and Zoning Meeting, August 27. 1997 Pop 73 - Page 76
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1 plant Will be n>ore than 1,000 feet from the 35 corridor. I next to each other. I think that would orb eas9c more
o some
2 We asked instead of landscaping, we said, let's have 2 pleasing and a lot more acoeptab
3 some mature trees that have a mature helgltt of 40 feet 3 way, and 1 realize this requires entrances and roads and
4 or more because what you're really looking for is that 4 stuff like that But I'm very very crxamfortable
that from the S amdwichini the light ind urinal between it heavy
6 massing effect that will somewhat setter 6 industriah conerete plant wet mother one, the no one,
6 hs a' 7 to the south of dent
7 S Se instead real) of putting is shrubs uo the a I'm also having a real difficult time with
8 fence, that's s really not going to do it if you're
9 trav -ling on a highway at high speed looking at a site 9 the traffic, I - my husband wocks for PeterbiIt so 1
I o 1,00 fat away. What you're really kroking for is that 10 go pick him up sometimes when we're having car troubles,
l canopy that ut to help to break the views 1 I and it dos get to be pretty bad, to see the large
12 Of th it site. S going to join
1O that is why you saw the change ffoao 12 truchu gong tap trying to get on to Airport Boulevard to
13 pre` JM staff reports. l3 aeons Interstate 35. They start out real slow and the
14 ta. GOUEtDtE I was just curious, requesting 14 traffic coming from the airport is going 60,70 miles is so is tees to be planted, what is the maintenance process?
15 per hour and my heart just Pounds because . the when E
16 What if those trots start dyin& do they have to replace 16 many things that could just happen there And
17 them? 17 thirds of 30 trips a day mine with slow moving vehicles
Is W. BATEMAN: According to the Tree is trying to get up there, @aing co to Airport Boulevard
19 Preservation Land Scape Ordinance, they do have to 19 to aeons Interstate 35,1 don't see a very good thing
revert ft 20 happening here. And that's my biggest fear, because 1
20 provide some form of a watering system to P 21 think we're putting people who aren't involved in this
21 tress from dying.
22 MS. CrUtlttDIB: But if they do, d0 thry have 22 situation in a possible jeopardy situation because of
23 to r:plaa them? 23 the speed limits and because of the way this whole are
24 W. BASEMAN: Yes. 24 was laid out
25 M. $C,2tER7Z Any further qucstiors7 I'd 25 I'm eoncenod about the noise. 1 totally
Pam ~
Page 78
I like to close the public he:urhng arid, once again, Ms. I understand about it maidng a lot of noise and, again, my
2 Bateman, thanks again. We apprerate all your input and 2 oottcar went back to the city council meeting whore the i
3 effort. 3 3:00 a.m pour had W happen so that turns that the
make a motion arnd 4 plant would be running a< 12:00 midnight, 1:00 o'clock.
4 At this time, we normally
5 then for discussion but we may want to take some time 3 And I don't know if the sound is going to travel acroa
6 Crud if any of the Commissioners would like to voice any 6 to the hones across the freeway or what is going to
titre are all
7 opinions or bring out any thoughts st this time, we will 7 happen to the text arcs So, again, 9 cntutain them.
g superficial, but they're concerns that I bave conociv.
y tss, r2ouwm. this is getting to be a 9 I'm concerned about the freer [ pasataPY
10 terrible habit, me going rust all the time. All right. 1o would like to we if this were to to through, to have
I I I am in the'sonewbW category as commisaoner 1 I a dandle row of trues that 'could be facing the road as ■
12 ErtgclbmcM was saying. I really see the coed for this. 12 double barrier just to Mock it off and gd rid of it
13 1 sat *we* watching the ciy council meeting cast 13 And then that way, I dealt think we'd have any problems
14 Tuesday and they were discussing a variance for the 3:00 14 with people and seeing throih it and being frustrated
i
13 Lm. coocn to pour at the middle scbod going up here 15 by that situation.
16 off of Teasky. 1 know bow important this is And 1 16 About Mr. Rayzor's concerns about the
17 know the City of Denton needs it So I'm really 17 promises that be made to the people that he whd hared
16 stnaling because I think we reed it and I really want 13 to. It's unfortunate, but I've learned from expericeee. _
19 that promises from denelopaa are broken. You donee •
t9 W see it happen. 1 am tarn is the aesthetic issue. 20 thing for 00e reason and then you have to turn ararad
20 I'm also tan on the way it is laid out 1 tat mo ooncerned
back in the caner and 21 and leave it t3anged And that always hurts toy beart
th putting the heavy undustrtel
21 of
22 2 tlee putting the r Prooposed light industrial to the south 22 ltocatac to many d w make otr cboixa based oo what
23 we're told is (doing to happen and so I really am
23 of it
24 In my utter if there was some way we could 24 toooerrted about that beeawe he's reafdrt4 his livelihood
25 switch that around and put the two owade batch plants 2s based on those promises Pap 77 -Page 80
Planning tad Zoning Mce in8, August 27, 1997
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Par 81 Page 83
I But I'm really just eoocemod about the way I NortNakes Park when the City changed their mind about
2 it's proposed If there were any way in this world that 2 how they wee going to ingress, egos that facility.
3 we could change it to whore they flipped and vie could do 3 And, yet, I know that with proper landscaping, ]rally
4 a little bit close setback. I think I wouldn't have any 4 believe virtually any use an exist beside any other
5 problem with this a all and maybe a double row of s use. If I didn't, I wouldn't have tat on the panel who
6 trots. 'That's just how I really fed that this might 6 wrote a zoning ordinsaoe that stacstod basically just
7 work. 7 04 that you simply establish landscape standards, d
8 Ms. scHuT7- 'thank you. Any other s cetera, so that virtually any use could reside by any
9 comments? 9 other. We didn't adopt that. The State thought 4 was
10 MR MoRL o. Madam Chair, I've ctonsed my 10 iNenstir*
I I mind am or four times already and I'll probably I I But it is possible for, I think, light
12 change it again by the time the otter Commissioners 12 industrial and this facility to co-exist in a nuuww
13 complete their remarks. It stn'kes or that this is 17 that would be of industrial park quality, I think as we
14 something we need but we don't want I guess my dilemma 14 think of industrial parks.
15 is if we Deed it, where are we going to put it? If we 15 And I applaud the staff for suggesting the
16 don't want it, bow ire you going to get your 16 ties because I think that is one of the issues here.
17 dcvelopmcmts built and your roads built and things of 17 It will certainly break the mass Of this facility. I'm
is that nsture? So I guess Lt this point, unless I flange 18 not sure that's quite enough in terms of depth for
19 my mind again, I'm going to vote in favor of this 19 adjacent light itdusvial use. Tbat woo=s or. It
20 petition. 20 ortaimly didn't scam to change the minds of those who
21 ms. samTC well put Tlw-k you 21 are in opposition. And for that reason, I'm going to
22 Commissicaer Powell. 22 vote against this particular case. And most cveiythirg
23 Mtn rowEt L ?Lee bane been a Iet of 23 else in this case I think is good. Tbank you.
24 comments about traffic and I understand that but and 24 Kr. scmum. 7bank you. Any other
25 1111 let staff tell me if I'm wrong hen: bcausc I may 25 comments? I'll conclude by just saving that I'll be
Page 82 Page 84
l be wag, but I don't think 1 am. If it was zoned light 1 voting in favor of this tomigk. I'm going to try and
2 irAwrial these, it could be a w wcbouw situation and 2 keep it real simple and we've listened tonight - we've
3 it could have semi-tractor trailers corniN in snd out of 3 probably spent a good two hours on this case and I
4 there all day long and the trips would for exceod a 4 appreciate everyate's time. But the simple matter is we
5 batch plant And i,nstesd of having concrete trutdcs, s have a Danwo Development Plsn. Yes, it's under rtvkw
6 you'd have whatever the full•kad semi-trucks are. That 6 right now. But we have a Denton Development Pim Ant
7 possibility exists, if I'm not mistaken, if it's light 7 we follow right now. And rigid now everything is
8 industrial, Id alone, heavy industrial. So a batch 2 consistent with the ooe item that is somewhat consistent
9 plant may be less traffic than what could be tbern if it 9 but, oho by the way, the part that is somewhat
to was tight industrial. Now, if I'm wrong, I would 10 inconsistent we have a petitioner that has met and
I I appreciate Dave saying so. But I thirds we need to take I I discussed with staff so they've said and so I've
12 that into consideratiom. lust because it's light 12 witnessed and he has done emyt}ung within bis power to
• 13 industry doesn't mean it doesn't have serni-trucks loaded 13 moot at least halfway if not more. So I ads mysdf what
14 to the gills with whatever. 14 bcaa case cool( •vo have? It meets all the
15 sm scHERrz Thank you. Any tone comnrnts? is requirements. We have a petitioner that has bdped in
16 MR. ¢:cEtsREcHT: Madam Chair, I don't have 16 the gray manors to belp make them ias gray. And 1
19 a problem with the traffic, I think you're right, Mr. 17 respect the lutdownas untmd it trtmendottsly, I know
19 Powell. A light industrial soave could gmezate as 18 that But when you pttrcht a landjusst as it's been -
• 19 much or more ua(lic as could this particular facility. 19 mentioned here bcf^ thee's always a chance of
20 My cooam neaten around the adjacent property owners 20 change. And when you're purchwei g land that's • •
21 Who We in opposition to this particular tae for this 21 ngrieultuna) especially, that really opeU up for
22 lard. These are in one arc a major landowner and 22 wbataer. And if it's bona indicated that, you lmow,
23 folks who have dedicated a good deal of land to thus 23 1igl9 industrial and then the transition would be some
24 city, on one occasion in a very, very short paW of 24 heavy and we have pockdzd it in the back and you can't
25 time to got a road built into the sonar field st 25 see it and we have people petitioning off and doing
Planning and Zoning Mating, August 27, 1997 Page 81- Page 84
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Page 85 Page 97
i nvything they know what to do, I say thank you, 1 better.
2 because I W I,-ke Denton will be growitW We do need 2 Residents were very curious about the
3 a batch plant and thank goodness we have someone that is 3 drainage situation. And I think that it really came
4 cooperating with the City and attempting to be proud. 4 down tc how was this going to be maintained? Is it
5 And because of that, I'll be voting in favor. 5 going to be grass? Will it be mowed and maintained
6 M0. POWELL' Madam Chairman, I move we 6 properly by the City? Wbm does the City take ownaship
el of Z-97-014 with conditions proposed 7 of it? All of these things. And. also, when will it be
7 recommeM staff. approval s built and rJx*dod for comnpletion as compared to the
e b by y staff.
9 M5. GAhZER S000 9 oases that are being talked about? So there was Second- 10 MS. SCHUTZ All in favor Pkase raise your t0 of discussions about that
a lot
1 l right hand. Ad opposed? I I And then, fually, there were coooaru about
12 (Commissioner Enefi rapt and Commissioner 12 just the temporary disruption that occurs with the
13 Go rdie voting in opposition.) 3 enowuctiom activity. krry Claris pointed out that
4 Ms. SCHEATW Motion carries five to two. 4 federal law requires erosion otx&ol to keep the
5 7batdc sedimrn'stiom out of the drainage channels, airborne
item mumoor P, het ■ public be" and 16 dust and just the small noise lad things like that
17 consider a detailed plan for 56.639 acres in Planned 17 were something rolls were concerned about as well.
1B Development 90. The subject property is located between is I think and them may be o&" people wbo
19 Sharman Drive and Kings Row approximately 4500 19 attended the aneting that would like to talk about this.
20 northeast of the Shaman Drive/Kings Raw Wasxtiom 20 I thick quite honestly that it was a fairly favorable
21 Case No. Z-97-020. 21 impressions that was left with the residents by the time
22 MR HTLI: I think I'm gang to start this 22 the meeting was ova, Mr. Grantham bro & plats of a
23 ore, if you don't mind. 23 tot of the adjacent subdivisions showing teat ft Lot
24 MS. SCHUTZ Pkase. 24 sizes were cornparable to mighborieg area compared to
25 mkt. ww I'm handing out - as Ptarning 25 what was being proposed. 1 think that helped to calm
Page 86 Page
i
1 and Zoning Cwuniwzioners will recall. INS item was I the fears or marry of the residents in tans of potential
2 tabled or continued from the Last meeting with the 2 incompatibility.
3 roquest that a ndghborbood messing be held And we did 3 And many of them were very happy to bear
4 Lndicate in the staff report that see would have a 4 that fix existing 20 fout ditch rurming down the back
5 summary of that meeting. The meeting was held Monday 5 side of the homes one Yorkshire would be suWanatted
6 night at Wilson Sdton and Iht Director of E*rxering 6 with anther 30 foot of easement for drainage that would
7 Jerry Clark and myself attended along with Mr. Tod Zeds 7 turn it into a 50 foot wide drainage eascenmA with a
s and Bruce cirrgham from the project side of it. s concrete bottom and probably grassed, gr"WtY sloPimg
9 In the meavo you see, I'll go very quickly 9 sides. And there were a lot of poadve commeou ]bout
1 10 through the items that I think were the major points 10 getting that kind of relief for that neighborhood
11 that were brought up. First or all, some folks relt 11 So with dA if - the other thing is,
12 that the storm water leads to become badmockt:d right 12 you'll see also attadted tht sign-in shed flat ore
• 13 as the drainage ditch curves from going southward to 13 passed arotutd. So if you have any question& I'd be
14 cwtward as it gets closa to Kings Row. There were a 14 happy to ans err them. Walter Reeves is here to amwer
15 lot of folks that wanted to sa Kings Raw, the curve 13 any of the technical questions you might have if YOU
16 -sear Marianne Cucle being approved because of the 16 want to get back to the wboxitive aspects of the
17 traffic safety conotms. Some folks wanted Kings Row 10 17 proposal.
is be widened to four lanes all the way west to Yorkshire I I Ms sexrnTZ Thane you
• 19 rather than stopping in the small vicinity of the 19 Ma- SUM: let we mention one thing. 1 • •
20 curve, and then tramuooing owrawv. Construction 20 think we have it one the Agenda u a public haring, but
21 vehicles will be requested to route be routed towards 21 1 don't think we rc-advatised that because we had
-J 22 Shaman Drive because of the fad that that is about ^ 22 closed the public hearing fast time.
23 I think there is as much as a six to eight inch 23 Ma an.t. we didn't - I don't knew tbu we
24 difrermoe in pamnin t and base care betwetn the two 24 had time to react that quickly.
25 roads. And Shaman Drive an withstand that much 25 x1l 1 term- so wbat you need - the public
Planning and Zoning Moc6n& August 27, 19 Paige $5 - Pogo 88
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ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
TO THE LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL CONDITIONED (HI[C])
ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 29.416 ACRES
LOCATED ON THE WEST SIDE OF INTERSTATE 35 WEST, SOUTH OF AIRPORT ROAD
AND NORTH OF METRO STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Mr. Craig Scott, on behalf of Lattimore Materials, initiated a change in zoning
from the Agriculwral (A) zoning district classification and use designation to the light Industrial
zoning district classification and use designation for a 17.732 acre tract (known as Tract One) and
to the Heavy Industrial conditioned (fil[e]) zoning district classification and use designation for a
11.684 acre tract (known as Tract Two); and
WHEREAS, on August 2?, 1997, the Planning and Zoning Commission recommended
approval of the change from the Agricultural (A) zoning district and use classification to the Light
Industrial (LI) zoning district and use classification for Tract One; and
WHEREAS, on August 27, 1997, the Planning and Zoning Commission recommended ;
approval of the change from the Agricultural (A) zoning district and use classification to the Heavy
Industrial conditioned (Hl[c]) zoning district and use classification for Tract Two; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
Denton Development Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the zoning district classification and use designation of the 17.732
acres of land (Tract One) and the 11.684 acres of land (Tract Two) described in Exhibits A and B,
• respectively, which are attached hereto and incorporated herein by reference, are changed from the
Agricultural (A) zoriing district classification and use designation for the property described in Exhibit
A to the Light Industrial (LI) zoning district classification and use designation and the Heavy Jf '
Industrial conditioned (HI[c]) zoning district classification and use designation for the property
described in Exhibit B under the comprehensive zoning ordinance of the City of Denton, Texas.
r t
• SECTION 11, Tract Two (11.684 acres descn'bed in Exhibit B) shat! be subject to the • •
following oonditions:
a. No structure shall be taller than five (5) stories.
b. No materials may be stored within one thousand (1,000) feet of the
1.35W service road.
..r
C, All exterior lighting must be installed to avoid the direct iifwrnination of adjacent
properties.
d. Only one ground sigr4 displayed on the entranceway fence is permitted with a
maximum height of eight (9) fed and a maximum effective area of one hundred (100)
square feet,
e. The perimeter of the batch plant site, excluding the land to be used for the access
drive, shall be enclosed with an eight (S) foot high fence, with a single row of tree
plantings along the property line with an expected height of 40 feet or more.
SECTION 111. That the City's official zoning map is hereby amended to show the changes
in zoning district classifications.
SECTION I That any person violating any provision of this ordinance shall, upon
conviction, be fired a sum not exceeding $2,000.00. Each day that a provision of this ordinance is
violated shaft constitute a separate and distinct offense.
SECTION V. That this ordinance shah 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, a deify nerwspapa published in the City of Dentort,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of _
1497.
f,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY:
i J
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY L
i
BY:
37
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EXHIBIT A
Tract One
ALL THAT CERTAIN TRACT OR PACEL OF LAND LYING AND BEING SITUATED
IN THE 0. S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND
DESCRIBED IN A DEED FROMMILTON W. ABBEY AND WIFE, VELMA ABBEY,
TO J. W. JAGOE, Jr., DATED THE 20th DAY OF JANUARY, 1965, RECORDED IN
VOLUME 518, PAGE 306, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SET 1 /2 INCH IRON ROD AT THE SOUTHEAST CORNER OF
LOT 1, BLOCK 1, JUPITER INDUSTRIAL. PARK, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAGOE TRACT;
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST S
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 64.51 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 548.34 FEET TO
A FOUND X IN CONCRETE ON THE SOUTH LINE OF SAID JAGOE TRACT, AT
THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO
TEXAS INDUSTRIES INC., RECORDED UNDER COUKY CLERK'S FILE No. 93-
R0067204, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 88 DEGREES 16 MINUTES 00 SECONDS WEST, WITH THE
SOUTH LINE OF SAID JAGOE TRACT, A DISTANCE OF 1422.11 FEET TO A
FENCE CORNER POST, SAID CORNER BEING THE SOUTHWEST CORNER OF
SAID JAGOE TRACT, ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF
• LAND DESCRIBED IN A DEED TO RAYZOR INVESTNIENTS LTD., RECORDED IN
VOLUME 1796, PAGE 601, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE NORTH 00 DGREES 19 MINUTES 49 SECONDS EAST WITH THE EAST
LINE OF SAID RAYZOR TRACT AND THE WEST LINE OF SAID JAGOE TRACT, A
• DISTANCE OF 510.52 FEET TO A CORNER ON THE WEST LINE OF SAID JAGOE a 0
TRACT, ALSO BEING ON THE EAST LINE OF SAID RAYZOR TRACT;
THENCE NORTH 88 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF
1605. 56 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 17.732
ACRES OF LAND.
W 71"7
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EXHIBIT B
Tract Two
ALL THAT CERTAIN TRACT OR PACEL Of LAND LYING AND BEING SITUATED
IN THE 0 S. BREWSTER SURVEY, ABSTRACT NVMEER 56, CITY OF DENIM
DEMON COUNTY, TEXAS, AND BEING PART Of A TRACT OF LAND
DESCRIBED IN A DEED FROKNUTON W. ABBEY AD WIFE, VEL NIA ABBEY, TO
J. W. JAGOE, Jr„ DATED THE 20th DAY OF JANUARY, 1965, RECORDED IN
VOLUME S It. PAGE 30C, DEED RECORDS, DEYTON COUNTY, TEXAS, AND
BEING MORE PARTTULARLY DESCR W D AS FOLLOWS:
BEGINNING AT A SET B INCH IRON ROD AT THE SOUTHEAST CORNER OF LOT
1. BLOCK I, JUPITER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
DEMON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C. PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE WEST RIGHT-OF-WAY Of INTERSTATE HIGHWAY 35, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAGOE TRACT;
THENCE SORJT,I 19 DEGREIS 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 64.51 FEET TO
A COWNM
THENCE SOUTH 83 DEGREES 16 M NOTES 00 SECONDS WEST, A DISTANCE OF
1605.56 FEET TO A C01R TJ1 SAID CORNER BEING ON THE WEST LINE OF SAID
JACOE TRACT, ALSO BEING ON THE EAST LINE OF A TRACT OF LAND
DESCRIBED IN A DEED TO RAYZOR DMa- TdE7 "TLD, RECORDED IN
VOLUME 1796, PAGE 601, REAL PROPERTY RECORDS, DEMON COUNTY,
TEXAS;
THENCE NORTH 00 DGRFES 1I MINUTES 49 SECONDS MIST WITH THE EAST
LINE OF SAID RAYZOR TRACT AND THE WEST LINE OF SAID JAGOE TRACT, A
DISTANCE OF 727.71 FEET TO A FOUND K INCH IRON ROD AT THE
NORTHWEST CORNER OF SAID JAGOE TRACT, ALSO BEING THE SOLTBIVEST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO FRANK 1. M1IES,
RECORDED UNDER COUNTY CLERK'S FILE No. 96-R0082553, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 119 DEGREES 34 R NUTES 52 SECONDS EAST WITH TJII.
NORTH LINE OF SAID JAGOE TRACT AND THE SOUTH LINE OF SAIDME.E~
TRACT, A DISTANCE OF t2 L IS FEET TO A FOUND V INCH IRON ROD AT THE
NORTHERNMOST NORTHEAST CORNER Of S AID: ALOE TRACT, SAID IRON
ROD BEING THE NORTHWEST CORNER OF LOT BLOCK ONE, OF THE REPIAT
OF PTEMATE HIGHWAY 35W ADDITION, AN ADDITION TO THE CITY OF
DENTON. DEMON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE I 11. PLAT RECORDS, DEMON COUNTY,
TEXAS;
w 1104CE SOUTH 00 DEGREES 02 FIINUTFS 17 SECONDS EAST WITH THE WEST
LL,r2 OF SAID REYLAT OF INTERSTATE HIGHWAY 33W ADDITION, PASSING AT
32017 FEET THE SOUTHWEST CORNER OF SAID REPIAT Of INTERSTATE
HIGHWAY 35W ADDITION, SAID CORNER ALSO BEING THE NORTHWEST
CORNER OF SAID JUPITER INDUSTRIAL PAR& CONTINUING A TOTAL
DISTANCE OF 653.27 FEET TO A FOUND % INCH ICON ROD AT THE
SOUTHWEST CORNEA OF SAID JUPITER INDUSTRIAL PARK, ON THE
• SOUTHERNMOST NORTH TINE OF SAID JAGOE TRACT;
THENCE NORTH W DEGREES 16 MINUTES 00 SECONDS EAST WITH THE SOUTH • •
LINE OF SAID JLPTTER INDUSTRIAL PARK, A DISTANCE OF 1000 96 FEET TO
THE POINT OF BEGDNI7G AND CONTAINING IN AIL 11,654 ACRES Of LAM,
35
r,
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Apenda No.ZL "OTj
CITY COUNCIL REPORT Agin Item SS
of City Council Date
TO, Mayor and Members the FROM: Planning and Zoning Commission
DATE: September 23, 1997
SUBJECT: Hold a public hearing and consider an ordinance to rezone 1.849 acres from the
Single Family 7 [Conditioned) (SF-7[c)) zoning district to the Planned Development
(PD) zoning district with approval of a detailed plan for an amenity center. The 1.849
acres Is located approximately 2,000 feet southeast of the Intersection of Lillian Miler
and Teasley We. (Z-97-021)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the rezoning request (7-0)
at its meeting on August 27, 1997.
SUM See P%Mng and Zoning Commission Report t
BACKGRO-UND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Please advise H I can provide additional information.
RESP LLY SUBMITTED,
•
Rick SveWa
Deputy City Manager
Prepared by.
~ Bateman
Senior Planning Technician
Approved by.,
tlavii~f Hill
Director Planning and Development
Attachment #1: Planning and Zoning Commission Report
Attachment #2: Planing and Zoning Commission Minutes from August 27, 1997.
Attachment #t3: Ordinance.
{
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_ 1 '
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ATTACHMENT 1
STAFF REPORT
To: Mayor and Members of the City Council
From: Planning and Zoning Commission
Date: September 23, 1997
Subject: Z-97-021
.
GENERAL INFORMAiM
Applicant: Bob Shelton/Sundown Ranch
35o5 Teasley Lane
Denton, Texas 76205
Owner: westministar LTD.
3505 Teasley Lane
Denton, Texas 76205
Action: Rezoning to a Planned Development (PD) zoning district and approval of a
detailed plan for 1.849 acres for amenities center.
Location: The subject Property is located approximately 2,000 feet svAheast of the
intersection of Lillian Miller Parkway and Teasley Lane (Enclosure 1).
Surrounding ZonkV and Land Use:
LOCATION ZOI411111i01 LAW USE 1
NoM: So* Erdoww I Van" W4 w bo drMoped r $008 bmiy rooldwrOW
Souft See Endosuw I VamN W4 Io be deve4W r Mro Wny wrNe r . .
f»t See Erdowe 1 VanM WA to be dm DW u single her0y w Ww%gd.
West Soo Endosurs I Vann) WM, Io be devOW d as eirrgis WON n eklm 5d. -
o a
On ve nt an: OW intensity Area OT7
SPECIAL INFO MATT
The subject property is vacant and unplatted. Public improvements associated with this
project w1V include; streets, water and sewer lines, drainage, fire hydrants, and s'Idewaiks.
• BACKGROUND i
April 5, 1983
The 172 aces of Sundown Ranch is annexed into the City by Ordinance 033 and is placed
{ in the Agricultural (A) zoning district.
May 5, 1948 • •
• The Council approves a Specific Use Permit for a horse training fadlity on the 172 acres by
Ordinance 87-061.
Page 1 %
•
January 7, 1997
189.391 acres of Surxkwn Ranch is tezoned to the Single Family 7 (SF-7) and Single Family
10 (SF-10) zoning districts by Ordinance 97-004. The subject property for this proposed
detail plan is located in this area, and appears to straddle the SF-7/SF-10 zoning district line.
This is not a problem as the subject property is proposed to be rezoned to a planned
development.
March 3, 1997
3.21 acres of Sundown Ranch is rezoned to an Office Conditioned (O(c]) zoning district by
Ordinance 97-57.
NOTICE
One (1) notice was mailed on August 15, 1997. As of the time of preparation of this report,
no reply had been received.
ANALYSIS
The table below will provide a summary of the Plan related analysis for this project.
DWon Development Plan
Policy Analysis Summary
Low Intensity Area
DevMepawrt PAW" Ya PC"
1
POLICY COMMENTS gwmmrw ••••w~ ~rwra
eowrNwl tin.esa.a
To be ocnsbtmt eMni the Pten, a Alocaled kasnaNy . 111 InWtsly Npa.
development should not exo W b Proposed War" . 55.6 Inrnsity lope. x I ,
stlorabd inwarty.
S1na site plan Mo*W w461 1,6011 Low dsrely mWwnGW use wkltln 1,600 feet
feet of ardstin9 low dansiy P:opow is br a PD. x
»sMentei.
Traffk desipm b araure t W 1AIA Dred amen to to proposed quo Hour
Famy or Non-FinMental Lane Nava Drhe. Club House DrW is a local sheaL -
awsn b ooaec$ors or Carper however, as use wit be In ted b malder s x
artarlats wit) no dl»d access &-&1 "2% Brant poirwob n wt1 not aarwl
l (OtO »sidenbal steels. corrector to a h' 1har W* street
Suffrci m peen spew, rewoaborW Asst is br an anwrlles enW lo provide j .
WC46" end oh+oly d pans are re reatibnd space for M proposed x Ii .
provided. subdWaioa
I
input No plamirv by nsVtorhood No rWoboftod mes" has been Mid l
aswoOorr and ooundb Is x
er,00waged.
A1ufl-hmily conoartraion Not epplmeble. -
• %WVamiy %4 mis separator Iiol applcabM. • •
Any tone d con1ftms strip NA
conynerdef de rel o{wrers is stonyy
dsomrs"d in or near loin iMSreiy .
we as
Page 2
•
Required on Detailed Plan (Enclosure 2):
1. Acreaga. The acreage in the plan as shown by a survey, certifted by a registered
surveyor.
Provided.
2. Land uses. Permitted uses, specific In detail as determined by the department,
and the acreage for each use.
Provided.
3. Oft-site Information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site Improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and facilities.
Provided.
4. Traffic and Transportation. The location and size of all streets, alleys, parking
lots and parking spaces, loading areas or other areas to be used for vehicular
traffic; the proposed access and connection to existing or proposed streets
adjacent to the district; and the traffic generated by the proposed uses.
Requiredp%siceet parking for the use is one (1) space per five hundred (500) square
feet of floor area plus one (1) space per ten thousand square feet of site area
(minimum of twenty-five (25) spaces). Thirty (30) spaces are provided.
0
5. Buildings. The location, maximum height, and mirimum setbacks for all
buildings, and if nonresidential, the maximum total floor area.
Setbacks are not shown.
6. Residential developmenL The number, location, and dimensions of the lots, the
minimum setbacks, the number of dwelling units, and number of units per acre
density.
Provided,
7. Water and drainage. The location of all creeks, ponds, lakes, floodplains, or
other water retention or major drainage facilities and Improvements.
Provided.
i
• 6. Utilities. The location and route of all major sewer, water, or electrical lines and
facilities necessary to serve the district.
Provided.
9. Trees and landscaping. The location of all protected trees and a landscape plan
as required by the city's landscape ordinance.
A three foot berm, wall or hedge with a tree planted every fifty (50) feet is required • •
along the frontage of the parking lot.
10. Open space. The approximate location and size of greenbelt, open, common, or
recreation areas, the proposed use of such areas, and whether they are to be
Page 3
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used for public or private use.
Provided,
11. screening. The location, type end $4e of atl fences, berms, or scr"flkV
features proposed between dlffefent tarwf uses of 1640cwt propedles.
A six (6) foot fence will be provided along the north Property line.
12. Signs. Location, type, and slse of A signs regulated by the city's sign
ordinance.
Sign detail is provided. '
13. Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or
bicyclo use.
Sidewalks are shown along the street frontages.
RECWMENDATM
The Planning and Zoning Commission recommends approval of the change in zoning from a
Single Family 7 Conditioned (SF-71c]) zoning district to a Planned Development, and the
detailed plan for the 0,538 acres.
,
ALTERWra
1. Recommend approval without condition. r
2. Recommend approval wb conditions.
3. Recommend denial.
4. Postpone consideration. t
ATTACHMENT
1. Location mapiSurroundirg zoning.
2. Detailed Plan,
i
f
Page 4
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ATTACHMENT L Page 99
1 six It1LL: Quite honealy, they tally were. 1 that "somewhat Loconsistent" box. The other check there
2 it was a very good moiling, very informative. And I 2 is for the for a neighborhood meeting. And,
3 think people walked away feeling like the process 3 obviously, there wasn't one held for this.
4 worked. 4 The site plan, I mean, the detailed plan is
5 up on the overhead. There is only one a hall item that
6 Ms scxl:ltTL cood item No. 6, hold a 6 the need to make a cwwdoa cm If you'll notice
7 public hearing Lod consider a request to rezone 1,949 7 where the parking lot is at, they we required to bave ■
a acres from the single family 7 aril single family 10 t tree in that area along the frontage. It's mot a big
9 zoning districts to a planned development and consider a 9 change, It's something that they could make in time for
10 detailed plan fa an amenities center for the subjat 10 whatever reoommertdation you make! to the city council.
I I property. The subject property is located approximately I 1 So having said that, the property itself if
12 2,000 fod southeast of the Teasley Lmne/Liilian Miller 12 you drive past it, it's actually around the existing
13 intersection, Case Z•97.021. 13 barn that's on the site. There will be a pool. There
14 1 will open the public hearing and entertain 14 will be some volleyball arms on the outside, probably
15 comments from Mr, Reeves, pkax. 15 some arms as well fa, you know, for picnicking or
16 MA REEVES: Thank M Madam Chairman 16 sitting out on the gran or something like that. The
17 This Is a rvq:sest for a rezoning to the planned 17 barn itself will have a meeting room and some other
111 dctelopmertt zoning district and approval of a detailed It facilities inside of it as well. The parking required
19 plan for an amenities center, This is very similar to a 19 for this use is 25 parkins spaces. They're actually
20 case flat we had mocntly with Wirdriver ERaka The 20 providing more parking than would be required by our
21 same procedure was followed them rezoning to a planted 21 ordinance.
22 development zoning district and approval or & detailed 22 As you'll recall wben we did de amenities
23 plan. As your read the subject property is 13 sera in 23 center for Windtiva Estates, they only had two parking
24 the middle of 172 acre tract that was rezoned to Single 24 spaces. And part of the reasoning behind that was
25 family 10 and single family 7 zoning districts for a 25 number one, the relative size of their facility which
Page 96 Page 100
I residential development. We did do notice for this 1 was simply a pool and the linear park that was next to
2 cote. Thee was only one property owma to notify Since 2 it. Neither the City not the developer of the property
7 this sits in the middle of the property. 200 foci i wanted their parking lot for the amenities center to
4 around it is going to be the same person in every 4 become a parking lot for people to axesa the linear
5 diuutiom So we didn't get any reply so I don't know s park.
6 if they're in favor of it or nat. 6 In this particular case, there is no linear
7 1 rally don't have a whole lot to say here. 7 park here and there will be a rstb;r substantial meting
e You'll notice on the policy analysis suttmtary, there we a room inside the building. So in this particular case,
9 two boxes chocked that arc "soma-what inconsistent.' One 9 we feel that the differences betwwo them weren't the
10 being traffic design to ensure that muld-family or to required number of parking spans. If you have any
I I nonresidential uses have somas to collectors or Larger 11 questions, I'll be happy to answer,
12 artaials with no direct access to residential streets. 22 Ans. scar-jaL. rm sorry. You may have told
13 This Lmmity carter doesn't have direct access to an 13 and 1 didn't hear. How many parking spaces are you
14 arterial street. But - so it is inconsistent with that 14 recommending?
15 policy. But we consider this to be "somewhat IS MR. REEVES; They ere required to have 25,
16 inconsistent" because it's not intended to be a public 16 but 1 believe they have 30. If you look on page 155,
17 facility per se. It's supposed to be a center for the 17 Item No. 4, traffic and transportation.
I s residents in the subdivision and tlueir guests. The 1 t MS. ScHaTz. Thank you. At this time we
• 19 straw in this subdivision don't have any scars to any 19 would like to hear from the petitioner, please. • O
20 other streets of Wde this subdivision except to Lillian 20 MIR SHELTON: My name is Bob Sheltoo, 3305
21 Teasky bane south of that intersection this Is 21 Teasley Lane, Denton, Texas. I'm here to ask you to
22 adtally Teasey and not Lillian Miller anymore. So 22 ozone our property frota the existing R-7, R-10 to the
23 beaux of those factors, we don't confider it to be 23 P.D. to allow us to build an amenity center within our
24 completely inconsistent with the policy, but it is not 24 subdivision. We've presently had plat approval for our
25 oansist nt with the policy. So, henna, the check in 2s first phase which Is 143 lom T13it will be bunt as
Planning and Zoning Meeting, August 27, 1997 Page 97 - Page 100
r
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Con-- self"
Page 101 Page l03
1 put of our first phase, We do intend to have a lake I MR REEVES: Ohu i'll be back
2 across the road from this end a large greenbelt area. 2 Ms. SCHFAtZ cool.
3 And this will go in conjunction with all of that If 3 MR xEEvES: 0 be back.
4 you-all have any questions, I'm here to answer them. 4 Ms. sCHurz 7hanlc you. Appreciate it.
5 M. SCHERTZ: Thank you. Are there any S MR [Owtx.L if 1 could add to that, the few
6 questior*7 6 times that I have had to call the p1muih% department,
7 MA SHELTON: Thank you. 7 when 1 had a question during the day. I almost always
8 MS. SCHERTZ: Is theft anyone CIsC to speak g picked on you and you almost always ^ not almost
9 to favor of the petition? Anyone else to speak in 9 always, you always did give tmc an aaawer and it wu
to favor? Is there anyone to speak in opposition? Anyone 10 quick and to the pant and I rally appreciate it
i i to speak in opposition? Seeing none, I'll ask the I I. M0. REEVES: n's bom a pleasure and it's jug
12 petitioner if he has any final remarks? 12 a good opportunity.
13 MiL SHELTON: No. 13 MS. sCHFATL we raogain that and that's
14 MS. SCHERTZ; Thtink you. 1 will close the 14 why we'll be sorry to we you leave but we wish you
is public hearing and ask stiff for their final remarks, 15 the very best of luck. We ware you to to on and be
16 MR. REEVES: NOW. 16 prosperous.
17 MS. SCHERTZ: Thank you. I will now ask my 17 Ma. REEVES: Thank You.
is Commissioners if there are any questions or discussion 1s m& sc mTz. Item No, 7, om ider partial
19 or I will entertain a motion. I9 amnew abandmmmt of Lot 6, Block A of the Sherman
20 MS. OANZER Madam Clair, back in the late 20 Oaks Addition. Mr. Salmm, I'd opps Late if you would
21 70s in new home subdivisions in Houston. And moat 21 lead off.
22 the subdivisions were getting armenity centers, and it 22 Ma. srtatoK: Madam fair, members of the
23 was very nice to have "IL And I would Ile to see 23 Commission, some of you may recall the Sherman 0*1
24 this happen more in these large subdivisions that we 24 subdivision which is located as shown on the overbad
25 have come in. So 1 would lice to move we recommend 23 between Shuman Drive and Bell Avenue. That subdivision
Pegs 102 Page 144
1 approval of a change in inning from single family 7 l has m=dy been completed. 7be construction has
2 conditioned, SF•7C; zoning district to a planned 2 mantly been completed. Part of the design of the
3 development And the detailed plan for the 0.536 acres 3 subdivision was to relocate an existing wrilwy sewer.
4 subject to the required troe being shown along the 4 There was an exiting sanitary sewer that
5 frontage along the parking lot 5 ran through the property lot lino mad the greet layout
6 MS. APPLE: 5000nd. 6 work, pet of that sanitary sewer did have to be
7 MS. SCHERTZ: Any discussion? All in favor relocated. And of course, that was done during the
I of the motion please raise your right hand. Motion corustnrctiort. The existing drainage easement rums north
9 carries unanimously. Thank you for your time this and south timotgh the property all the way through the
0 property. When they wonted the sanitary sewer they
Mr. Reeves, are you leaving? I I followed this purple alignment. They brought it down
12 MR REEVES: Yes, I am. 12 here, logged over on the street and then to the south.
J3 Ms. sCHERTZ: Could you please come to the 13 So there is no lorraer any need for this aserroA that's
14 podium before you sneak out this 6=7 14 higidighted la nod because the sanitary sewer has ban l
is MR. REEVFS: Well, I didn't know that that is removed
16 was going to happen lost time. l6 And of course, the applicant would like
0 Ms. SCHERTZ: t know, but we have to give 17 that enm eot removed because it's an araumt>rsoc on
i g you a bud time. That was your last presentation and I is that lot and it simply Is not needed at Ws Point. So
• 19 would like to imite the Commissioners if anyone has 19 staff would recommend that the portion of the utility • •
20 anything to say, feel free, and I will lead off by 20 easement that's shaded in red there on the overhead be
21 expressing awry personal thank you for all of your 21 abamdoood.
22 time and effort. You will be deeply trussed. I wish 22 Msk smart Ttmnk you. Are there any
23 1 think Austin is getting a very valuable employee. And 23 questions?
24 please don't stay & stranger. Corse back and say, hi, 24 Mil ENGE1PRECHT to abandon
25 every once In a while. 12s the recommended portion
Planning and Zoning Meeting, August 27, 1997 Page 101- Page 104
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ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DEMON, TEXAS, PROVIDING FOR A CHANGE FROM
THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR A 1.849 ACRE TRACT LOCATED
APPROXIMATELY 2,000 FEET SOUTHEAST OF THE INTERSECTION OF LILLIAN MILLER
PARKWAY AND TEASLEY LANE; APPROVING A DETAILED PLAN FOR THE DISTRICT;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,0D0.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Bob Shelton, on behalf of Westminster Ltd., initiated a change in zoning
for a 1.849 acre tract of land from the Single Family 7 (SF-7) zoning district classification and use
designation to the Planned Development (PD) zoning distri ct classification and use designation; and
WHEREAS, on August 27, 1997, the Planning and Zoning Commission recommended
approval of the change from the Single Family 7 (SF-7) zoning district and use classification to the
Planned Development (PD) zoning district and use classification; and
WHEREAS, on August 27, 1997, the Planning and Zoning Commission recommended
approval of the detailed plan shown as Exhibit B;
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
Denton Development Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS:
SLCTION I, That 1.849 acres of land described in Exhibit A, which is attached hereto
and incorporated herein for all purposes, is changed from the Single Family 7 (SF-7) zoning district
classification and use designation to the Planned Development (PD) zoning district classification end
a detailed plan for the 1.849 acres is adopted, said detailed plan being attached hereto and
incorporated herein as Exhibit B for as purposes, to allow for an amenities center in accordance with
• the comprehensive zoning ordinance of the City of Denton, Texas.
SECTION II. That the City's official zoning map i4 hereby amended to show the change ,
in zoning district classification.
SECTION III. That any person violating any provision of this ordinance shall, upon `
• conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is • •
violated shall constitute a separate and distinct offense.
SECTION IV. That this ordinance shall become 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-Cluonide, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
< D
PASSED AND APPROVED this the day of
1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEOAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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PAGE 2
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EXHIBIT A
ZONING EXHIBIT
AMENITY CENTER
BEING A 'I S49 ACRE TRACT OF LAND SITUATED IN THE JEREMIAH FISHER SURVEY,
ABSTRACT NO. 421, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A
PORTION OF TRACT 1 AS DESCRIBED IN DEED TO WESTMINSTER, LTD., AS RECORDED
IN COUNTY CLERICS FILE NO.97-800 1 9209 OF 7HE DEED REOORDS OF DENTON COUNTY,
TEXAS (D.R.0•C.7.), SAID 1.849 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING AT 1/2' IRON ROD FOUND FOR THE SOUTHWEST CORNER OFTRACT 2, AS
RECORDED IN COUNTY CLEWS FILE NO. 97-Rp019209, D.R.D.C.T., BEING THE MOST
WESTERLY NORTHWEST CORNER OF SA10 TRACT 1 AND BEING IN THE EAST RIGHT-OF.
WAY (FLOW) LINE OF F.M. 2151 (80' R.O.W.);
7HENCE N 01'04'15' W. ALONG SAID EAST R.O.W. LINE, BEING THE COMMON WEST LINE
OF SAID TRACT 2, A DISTANCE OF 70.41 FEET TO A POINT FOR CORNER;
THENCE DEPARTING SAID WEST R.O.W. LINE, OVER AND ACROSS SAID TRACT 2 THE
FOLLOWING FIVE (5) COURSES AND DISTANCES:
S 46.03'43' E, A DISTANCE OF 21.22 FEET TO A POINT FOR CORNER;
N 8896&SY E, A DISTANCE OF 43,99 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A DELTA ANGLE
OF 19058'440, A LONG CHORD THAT BEARS N 78057`30' E A DISTANCE OF 49,61
FEET, AN ARC DISTANCE OF 49.88 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 212.00 FEET, A DELTA ANGLE
OF 68.22'15', A LONG CHORD THAT BEARS S 81.60'44' E A DISTANCE OF 208.76
FEET, AN ARC DISTANCE OF 215.98 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET, A DELTA ANGLE
OF 16027256, A LONG CHORD THAT BEARS S 80'20'60' E A DISTANCE OF 42.50
FEET, AN ARC DISTANCE OF 42,93 FEET TO A POINT IN THE WEST LINE OF SAID
TRACT 2, BEING IN A COMMON WEST LINE OF SAID TRACT 1;
THENCE N 01'32'21' E, ALONG SAID COMMON LINE, A DISTANCE OF 120.23 FEET TO A
POINT FOR CORNER;
• THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID TRACT 1 THE
FCLLOWIN13 FIFTEEN (151 COURSES AND DISTANCES: 1
3 86009'35' E, A DISTANCE OF 155.89 FEET TO A POINT FOR CORNER;
N 01460'26' E, A DISTANCE OF 38.33 FEET 70 A POINT F09 CORNER;
• • •
Id-
1
EXHIBIT A
S 88007'04' E, A DISTANCE OF 86.00 FEET TO A POINT FOR CORNER;
S 60433'21' E, A DISTANCE OF 161.55 FEET TO A POINT FOR CORNEA;
S 87.51'51' E, A DOTANCE OF 118.30 FEET TO A PONT FOR CORNER:
S 58016'37' E, A DISTANCE OF 220.64 FEET TO A POINT FOR CORNER;
S 10940'17" E, A DISTANCE OF 142.16 FEET TO A POINT FOR CORNEA;
S 35.63'33' E, A DISTANCE OF 189.02 FEET TO THE POINT OF SEGIMM" 'N 62°bt'37 E A DISTANCE OF 119.10 FEET TO A POINT FOR OOi1NER;
ALONG A CURVE TO THE RIGHT HAYINO A RADIUS OF 776.00 FEET, A DELTA ANGLE
EANCE OF 97.22
, 0711 11W, A LONG
AN ARC DtSTAMCEE C40AD THAT BEARS 9
OFF 97.28 FEET TO A 1 POW FOR CORNEA
FEET, 8 10'69'14' E, A DISTANCE OF 232,29 FEET TO A PONT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVMIGI A RADIUS OF 143664 FEET, A DELTA ANGLE
AN ,ARC Oa9'TANCE OF 273.72 T FEBEARS 3 ET TO A P POINT FOR A CORN DISTAWE OF 273.31
FEET,
A CURVE TO THE RIGHT HAVING A RADIUS OF 3=00 FEET, A DELTA ANGLE
OF 18033-2r. A LONG CHORD 7
FEET, AN ARC DISTANCE OF 143,64 FEET TO A POINT FOR CORNER; Of 143 18
ALONG A CURVE TO THE LEFT HAVIN3 A RADIUS OF ST0,00 FEET, A DELTA ANGLE
FESEARS N ET TO A 13637331 W
POW FOR A CORDISIANCE OF NEFI;
173.94 FEET,
EET,°AN ARC DISTANCE OF CHORD 17&93 THAT
N 62451'37 E. A DISTANCE OF 182.57 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 1340 ACRES OF LAND, MORE OR LESS.
THESE DOCUMENTS AM NOT p1TENOEO FOR M AS DUM0 UNOEA SECTION 2 OF n% PIIO►EU*WL
Lqo SURVEywa PRACTICES ACT, ARTICLE 62/20 V.T.C.S. (rvAs4
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A nda No.
CITY COUNCIL REPORT Ap°ndi Itcm
TO: Mayor and Members of the City Council I
FROM: David M. Hill, Director of Planning and Development
DATE: September a 1997
SUBJECT: Consider approval of an exaction variance to Section 34-114(5) concerning perimeter
street paving, The 0.499 acre tract is located south west of the Intersection of Sunset
Drive and Bolivar Street
RECOMMENDATION;
The Planning and Zoning Commission recommended approval of the variance (84).
SUMMARY:
See Planning and Zoning Commission Report, I
13ACKGROUND:
See Ptawing and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GFIMPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Please advise if I can provide additional information.
Respectfully submitted,
Rick Svehle
Deputy City Manager
Prepared by:
Donna Bateman
• Senior Planning Technician
r
Approved by: '
v d M. Hill, ASIA AI 10
Director of Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft Planning and Zoning Commission Minutes from September 10, 1987.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
TO: Mayor and Members of the City Council
FROM: Ptarxhing and Zoning Commission
DATE: September 23, 1997
SUBJECT: EXACTION VARIANCE FROM SECTION 34.114(5) CONCERNING PERIMETER
STREET PAVING FOR T.N. SKILES ADDITION.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the applicant's request for a full
variance.
SUMMARY:
The 0.499 acre tract Is located south west of the intersection of Sunset and Bolivar. The applicant
wishes to sell Lot 2A•2.
OiCKGROUND:
Jay Jones, owner of the proposed Los 2A•1 and 2A-2 of the T.N. Skiles Subdivision, has applied
for a variance of Section 34.114(5) of the Code of Ordinances concerning perimeter street paving.
The cited section requires that whenever development occurs adjacent to a sub-standard street
that the subject street be brought up to current standards along the frontage of the development.
This normally requires the Installation of 5 or 6 inches thick of asphalt or concrete pavement 24
feet wide and curb and gutter on that side. I
In this instance, the subject development abuts Sunset Drive which is in the range of 20 to 24 feet
wide and has no curb and gutter. The frontage along Bolivar Street already has city standard
paving.
The subject property is being divided from one into two lots for the purpose of constructing an
additional home. The existing home on Lot 2A-1 was recently converted from a garage structure.
The applicant does not propose any improvement to Sunset Drive as he feels the required
Improvements are not warranted considering the type and site of development.
• ANALYSiS:
As the variance is not related to the shape or topography of the property, it would be an exaction
variance. An exaction variance may be recommended to the Council, by the Planning and Zoning
Commission, if the following exists:
• Where the Commbsion finds that the lmposition of any development exaction pursuant to thm regrhlatiom i
exceeds any reasonable benefit to the property owner or Is so excessive a to constitute confiscation of the tract • •
to be Wetted, n may recommend approval of valances to wales such exactions, to a to prevent such excea, to
uw City Council. Waterer of developmentd exactions shaA be approved by the City CounciL
ENCLOSURES;
1, Site plan.
2. Preliminary Plat.
-
ENCLOSURE 1
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ATTACHMENT 2
1 P R O C E E D I N G S
2 MS. SCHERTZ: Good evening. At this time I
3 would like to call this evening's meeting of the
4 Planning and Zoning Commission to order and I would like
5 to consider approval of the minutes dated August 27,
6 1997 and ask if there are any corrections or changes to
7 the minutes. Seeing no corrections or changes, the
a minutes stand approved as written.
9 =tea No. 2, consider a variance of Section
10 34-114 (5) of the code of ordinances concerning
it perimeter street paving for the T.N. Skiles Addition.
12 The .499 acre tract is located southwest of the corner
13 of Bolivar Street and Sunset Drive. And this evening
14 Mr. Salmon will be reporting to us.
15 MR. SALMON: Madan Chair, members of the l
16 Commission, Jay Jones is the owner of the subject lots
17 2A-1 and 2A-2 of the T.N. Skiles Subdivision. Location III
18 is shown on the location sap on the overhead near the
19 intersection of Sunset Street and Bolivar.
•
20 In this instance, the subject development f
21 about Sunset Drive which is a substandard city street,
22 the ordinance that is cited in our code of ordinances
23 concerning perimeter street paving would require the •
24 developer of this particular property to pave a 24 feet
I
25 wide section on Sunset Street including a curb and
PLANNING AND ZONING MEET SEPTEMBER 100 1997 1
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I gutter on that side. Just for soma clarification
2 purposes, because we don't have the plat on the Agenda
3 this evening, the subject property is Lot 2A-1 which is
4 here and Lot 2A-2 which is here. It does not include
5 the corner property. Just for a little bit of history,
6 back in the aid early to aid Soot this all vas one
7 lot and than this corner lot was divided out of it.
S There's a house on this lot. There was a
i
9 garage structure on this lot. This lot here is vacant.
10 Recently, the existing garage structure on Lot 2A-1 has
11 been converted into a residential unit. So, basically,
12 what we have is a lot that used to have a house and a
13 garage. It's been split up over the years and will
14 eventually have three homes on it instead of the
15 original one home.
16 Again, the normal requirement would be for j
17 the developer to install a 24 loot vide paving section
1S with curb and gutter. The asphalt thickness would be
19 anywhere from five to six inches thick. The owner, of
•
20 course, only owns the two lots and, as I stated earlier,
21 recently converted one existing structure and is
1
22 proposing to sell the other lot to someone who would
? • 23 build a single family home. So with that development • •
24 scenario, they feel that the expense and trouble of
25 installing the pavement on Sunset Drive would not be
PLANNING AND 20NIPG MEETING SEPTEMBER 10, 1997 2
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I warranted.
2 Based on that, this would be an exaction
3 variance. An exaction variance is one that the
4 Commission would make a recommendation to the city
5 council on. The criteria for an exaction variance is
6 listed at the bottom of page 106 of your backup. It
7 basically deals with the cost and the type of
8 improvement compared with the type and the size of the
9 development that is going on. So I guess, to put it in
10 a nutshell, if the Commission felt that the required
11 improvement was reasonable, considering the developments
12 then they would recommend or they would recommend
13 against the variance. If they feel that the requirement
14 is too onerous or for some reason doesn't fit with the
15 type of development that's being proposed, then the
16 Commission would recommend that the variance be granted.
17 In this instance, staff cannot support a
18 full variance of the subject condition: however, would,
19 I guess, recommend a partial variance. Sunset Street
20 has been resurfaced in the last couple of years and is
21 in relatively good condition. Based on that, and the
22 fact that one of the structures is actually an existing
• 1
23 structure that's merely been converted from a garage to • •
24 a residential unit and that there will only be actually
25 one brand new structure on the lot, we thought that the
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 3
•
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1 $3,500.00 that it would cost to put in the regular
2 paving section sight be a little bit more than what
3 would be warranted in this case. And what we've come up
4 with is something similar to well, what we've come up
5 with is actually adding pavement to the existing
6 pavement section. We estimate somewhere in the range of
three to five test of asphalt and then the curb and
g gutter along the frontage of Lot 2A-1. i
9 what I've done to try to illustrate what we
10 are recommending I've colored the proposed curb and
11 gutter in red. The additional asphalt pavement is
12 shaded in gray. what i wanted to illustrate is our
13 existing curbs on Bolivar Street and Anne Street at each 4
14 end of Sunset. What we would propose is that the new
15 curb and gutter be constructed so that it would be in
16 line with the curb and gutter at each end, so that way,
a
17 later, if additional curb and gutter was added either as .
f
is a result of further development or through the city's
i
19 Capital improvement program, that that curb and gutter
•
20 would be able to remain in place and we wouldn't have ~ r
21 the situation that you sometimes are concerned about of
~ 22 putting something in and then having to tear it out
• • •
~ 23 later when the streets rebuild.
24 So ware working on trying to avoid that
F
25 particular thing from happening. We estimate that what i
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 4
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1 we're recouzending would cost in the range of about
2 $1,500.00 based on what it would cost to build a street I
3 for an average house in Denton in a regular residential
4 subdivision, I think, that's actually quite a bit less.
5 So we foal that the expense is not an unusually high
6 expense to put toward street inprovesonts for this type
7 of development. I'll be glad to answer any questions ;
a you might have. I believe the applicant is here this "
9 evening and would like to visit with you when you're
10 done asking questions of me.
11 NR. POWELL: What triggered the request for
12 the variance?
13 NR. SALKONs The previous to this,
i
14 previous to this proposal, the entire corner lot was one
15 lot and than sometime back in the early So*, this corner
16 was carved out leaving this "L" shape as an individual
17 lot. Now, the owner has remodeled an existing structure
16 located in this area and wishes to sell off this
4,
19 particular log of the "L" to someone also to build an
i
20 additional home. So in order to do that legally, they
21 have to replat the property.
22 MR. POWELLS Oh, it's a plat that triggered
23 it? • •
24 MR. SALMONS Right. I'm sorry. Yes, that's
25 a little bit confusing this evening. The plat is not on
PLANNING AND ZONING MEETING SEPTEKBER 10, 1997 5
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".3'rt, 1 ~ ~ .G ~ in .a Ij •r ~ .5.
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i your Agenda this evening. Because it's a residential
2 replat, there's a notice requirement and because of the r
3 notice requirement that plat couldn't be placed on this
4 evening's Agenda. But it will be coming to you on your
5 next meeting. But we felt it was appropriate to go
6 ahead and go do the variance this evening anyway because
7 they'll both and up about the same time because the
e variance has to go on to council.
r
9 MR. POWELL, Thank you.
10 MR. JONES: May I be heard now?
11 MS. SCHERTZ: Please. If you will give your
12 name and address.
13 MR. JONES: My name is Jay, J-a-y, Jones at
14 321 Sunset. The garage is where I live. And I'm trying
15 to sell off the other lot to improve my house. And my E
16 idea is if I may step over there.
17 MS. SCHERTZ: Sure. If you will unclip the
i
18 microphone and take it with you, please.
t
19 MR. JONES: My idea is to first of all,
•
20 no one in the neighborhood has a paved driveway or$ of
21 course, I'm the only one on this block here, so there is
22 no curb and gutter or anything there. My idea is to I~
• 23 come I'a going to have a paved driveway just come i • •
24 out, you know, either side, like that to where it would '
25 line up with each curb and I would like to not have to
r
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 6
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1 do the widening of the street, just there and the curb M
2 there. Besides the expense which is well, it's all
3 relative to everybody, but the 1,500 bucks is a bunch to 1
4 me. I an very particular about my yard. It's not much
5 of a house, but it's a real pretty yard and it would
6 just make it so ugly. I wean, if I vas the only one in
7 the middle of the block to have a curb and a wider
e street there and not anywhere else, it would just stick k'.
9 out like a sore thumb, I think. And if the city over
10 did come in, it probably would be years later and right
11 and up having to dig that up anyway, widen the street or
12 something. It's a wry narrow street. I'm just afraid i
13 I'd be not only making it ugly but be building something
14 that will just be torn up some years down the road
15 anyway.
16 And I have letters from the only two
17 neighbors that could be remotely concerned, notes from
18 them. And I have pictures of the property and the
f
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19 street, I'd like to show council.
•
20 Me. 6CNERTZe Please, would you read the
21 letters before you pass them.
22 MR. JONES: To city council, I do not mind
• 23 it Jay Jones at 321 Sunlit does not have a curb in !root • •
24 of his house. That's 1801 Bollivar signed by Ken Jones r
25 and Randy Carroll. And the other one says the sane
PLANNING AND ZONING MEETING SUTDIBER 30, 1997 7
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1 thing. I wrote it. They signed it. 1721 Bolivar,
2 Ellorio Ramsay.
3 MS, SCHERTZ: Can you point out on the
4 overhead where they're located, please-
5 MR. JONES: Right here. This is a church
6 here and there is nothing here. I tried to get in touch
7 with the people at the church but they are never there.
S It's a little church called Anna Street Church of
9 Christ. E
10 MS. SCNERTZ: All right. If you'd like to
11 pass those out so we could look at the pictures, I'd
12 appreciate it, Thank you.
13 MR. JONES: Again, I'm just real particular
14 about my yard. I think it would be much prcttier
15 leaving it the way it is, so it would look like
16 everybody else's. In my opinion, it would be a variance
17 to put in a curb. I'd also like to say that Mr. Salmon
18 has been a very nice gentlemen in discussing this with
19 its.
20 MS. SCNERTZ: Could I ask you to I know 1
21 the other Commissioners haven't seen the pictures, but
22 could you identify these, I mean, exactly what we're
23 looking at. + •
MR. JONES: This is my house from across the
24
25 street.
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 e
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1 MR. BUCEK: Want number one on that?
2 MS. SCHERTZ: Sure. Thank you.
3 MR. JONES: This is my block standing in
4 Bolivar facing westward.
5 MS. SCHERTZ: And where would your house be?
6 MR. JONES: Right behind that garage.
7 MS. SCHERTZ: Okay.
8 MR. JONES: And this is the opposite end of
9 the block. There's Anna Street Church of Christ. See
10 how pretty the yard looks right there? And that's
11 looking eastward. f
12 MS. SCHERTZ: All right. Thank you. We may
i
13 want to ask you a few questions after the Commissioners
14 have had a chance to look at the pictures. Please
15 continue. j
16 MR. JONES: Both my neighbors are very
17 surprised that this would be required and we are real
18 concerned that they might have to do the sans thing.
19 They're regular working folks like myself. They don't
l
•
20 have the money for that. And also, like Mr. Salmon said ~ r
21 the structure has been there long before, I guess, the r
22 development was required. I'd like that taken into
• • i
23 consideration. And I've got the prettiest yard of
J 24 anybody around there. I'll have the only paved
25 driveway. I just feel like it would be ovsr-improving,
I
PLANNING AND ZONING MEETING SEPTEMBER 100 1997 9
1 stick out like a sore thumb. it would be ugly to have i.
2 as you can see, I'm right in the middle of that block
F
3 and I'd be the only one there for probably years down
4 the road before the city ever comes through there and
i
5 does anything. And because it's such a narrow street,
6 I'm sure they'd want to widen it some. I mean, even
7 beyond the three to five feet sine would be. And by
8 then, I imagine my patch would be tore up or something,
9 you know, my five foot widening.
30 MS. SCHERTZ: How long have you been there?
11 MR. JONES: I bought it last summer. I've
12 been trying to build it out of my pocket, you know,
13 little house. Every pay day I go to the lumbar store.
14 MS. SCHERTZ: Thank you. Are there any
15 questions, please?
16 lot. MORENO: I have a question for Mr.
17 Salmon.
18 MS. SCHERTZ: All right. Thank you, sir.
19 MR. MORENO% Haw wide is Sunset Street there
E.
20 in front of his house as it exists now? I
21 MR. SAhMONt The existing pavement is
22 somewhero it varies between 20 to 24 feet. L'
23 MP.. MORENO: If that street was improved at • •
•
24 some. point as a part of a Capital Improvements project,
25 would that street, in your opinion, indeed, by widened
PLANNING AND ZONING MEETING SEPTOMER 100 1997 10
rr
•
1 or would it
2 lot. SALHONs Well, I guess my best guess
3 would be that we would try to use the existing curbs at
4 each end and try to line then up. As you can see, I've
5 kind of shaded in red on both ends that, you know, there
i
6 are existing curbs that come around and then just sort
7 of stop as they come around the corner. Sunset Drive,
8 not being a very heavily traveled street, at least not
b
9 this particular section, doesn't need to be
30 exceptionally wide, a 31 foot wide residential street
11 would probably be appropriate. I think it is just about
12 30 feet or so between the curbs on each and. So I truly
13 believe that if the city did widen it in the future or
i
14 required anyone else to through a development that E
15 where we are trying to place the curb on this man's i
16 property would be an appropriate location.
17 MR. ENGELBRECHT: David, you'd already
is mentioned that it's not on the Capital Improvements E
19 Program for now?
20 lot. SALMONi Correct.
,f
21 MR. ENGELBRECHTI Has the staff ever talked
22 about even recommending this street for curb and gutter
• 23 on CIP? ' • •
24 MR. SALNONs Not on the CIP. The only thing
25 that I'm aware of that's occurred on this street since
PLANNING AND ZONING MEETING SEPTEMBER 100 1997 11
-p 1 R a _ Y Y. r rt.i ~ i ^ 11 .1 ~ ,
1 I've been involved in the development process is at one
2 point the little Church of cnrist cane in and did a
3 pre-design conference many years ago. I think they were
4 considering purchasing some additional property or
5 something and replating or something into one lot and
6 'shat was one of the things we told them. And then for
7 ove reason or another, they never carried out their
6 plans.
9 And then at one point, the Quick Luba place
10 at the corner of Locust and 360 was looking to buy the
11 lot there at the corner of Sunset and Anna. And we ware
4
12 going to require them to do a very similar thing, add on M
13 to the payment and extend curb and gutter. And they
14 never moved their location. So we've had a couple of
15 development interests in the last several years but we
16 haven't proposed anything in our Capital Improvements
17 Program.
is MR. ENGELBRECHT: At Sunset and Anna, in
19 that zoned for something other than single family?
MR. JONESt Its the only residence in the
20
21 whole block. I
22 MR. SALMONS The church is located here and 4
L
23 this piece of property, i don't anon what the current
24 zoning is, although, at one point we did have a proposal f
25 to put a quick oil change place at this location.
i
~j SEPTEMBER 10, 1997 12
PLANNING AND ZONING MEETING
i _ S ~`~OA.a_~ 1. . i• i-. ''i .f _ _ ~1 J_ 4~/1 /al ~ Y'~®~~~~~L ( f t q
1 MR. ENGELBRECHT: Okay. Thank you.
2 MS. GOURDIE: I have a question for you. If
3 Capital Improvemento do happen, who pays for that? And
4 is this gentlemen out $1,500.007 Did he make an
5 improvement that everyone else will be getting for free? i
6 MR. SALMON: That's the way it works. if
7 the city comes in through its capital Improvements
8 Program and builds a street, it, obviously, comes from
f
9 bond funds and the individual citizens don't pay for
30 that. It just comes out of the bond funds, of course,
11 paid by all taxpayers.
12 MS. SCHERTZ: Can I add a clarification to
13 make sure i understand? What we're really looking at i
E
14 tonight is we're betting. i sean, we have to look
I 15 here and decide whether Capital improvements comes in
16 and does the work or is the surrounding area developed
17 first? Because if it's developed first, then the other
l
18 parcels of land will be asked to do the same thing and
19 we'll probably never need a Capital Improvement and it
~
20 will never have to con* from our tax dollar. But in
21 effect, if we think the surrounding property is not [
22 going to be developed and this guy is going to be the
23 only one that has curb and gutter, is it fair to make
24 his do it and not anyone else? It's my understanding
25 that this street is in pretty good shape. It's my
PLANNING AND ZONING MEETING SEPTEMBER 100 1997 13
>t
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n
I understanding that since it's not on Capital
2 Improvement, and my understanding is it takes if it's
3 not on it now, it will take a while before it's ever on
4 it. So then it lends itself for us to ask our question,
5 do we think the property around it will be developed,
6 and if it is, that the same requirements will be asked
7 of that property and then are we going to be upset
8 because we didn't because if we don't require him to
9 do it now, it never will be done.
10 So we have to just ask ourselves do we leave
11 it alone and then when the other people come up, we're
12 going to leave it alone, so it would be consistent, or
13 do we go ahead and ask hie to contribute partial so then
14 as other areas are developed it can conform and blend in
15 with the end of the streets. Correct me if I'm wrong,
16 that's how I understand it.
r'
17 MR. SALMON: Well, I mean, that's true. I
is mean, if other people come in to redevelop adjacent
19 property, they will be required to do the same thing.
20 And, you know, we may or may not be back here again with
21 variances for those properties.
22 MS. SCHERTZ: Right.
23 NR. BUCEK: I think there's some confusion k. • •
I
24 about the exaction variance. Let me be sure you're
25 clear on that. We have two kind of variances. We have
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 14
r 6
't M ! • tl
_ ~ 1~-ri-1 _ ~..Gij~:. r ~ ~ rj~•f r 4 ~Y~ 4~.e'~~r~i~iR' ;r~ ~ ~ titi..,
. - _ a ..r nrw.~ r- - v ~ r... ww r-.~r.rw-nMr.r
1 a hardship variance which we are not here on that
2 because your criteria for that can't be met by this type
3 of project. And the other is a reasonably new variance
4 called an exaction variance. And there's been some
5 Federal litigation over the last ten or 15 years.
6 Traditionally, cities throughout the United States, if
7 you came in, they said that you've got to put the curb.
S You've got to put the gutter. You've got to put the
9 street. You've got to do all these infrastructure
10 improvements regardless of how big your lot was or
11 anything else. And these cases came down and said that
12 when you look at those issues that come in, if the coat
13 to do those things is so prohibitive that it stops
r'
14 ability for people to develop the property, then that
15 should be varied. You should look at that. You should
16 be certain that the person you're looking at, one }
17 developer doesn't have a greater cost than another i
j
18 developer, so the criteria that Dave has been setting R
19 out to you is, we, as staff, as developers come in, one
20 lot, two lot, multi-lot, we try to treat them all the
21 sane, so what we try to do is when an issue like this
22 comes up is what normally does it cost to put a curb,
1 ~ 23 gutter and whatever in, and that's what he's saying is ~ r
24 in comparison to other developers, this cost, would it
25 be $1,500.00?
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 15
I MR. SALMON: Correct.
2 MR. BUCEK: Is what he mentioned. That `
3 answers the issue of we think that we would comply with
4 those federal statutory case guidelines if you granted
5 that. The other side of the issue that you need to keep `
6 in wind is is the precedential issue. If this person
7 comes in and you grant a variance and there's not a
e capital Improvements Program for seven, eight years, if
9 you grant him a variance then you need to make a
SO commitment that you're going to grant a variance to
11 everybody that comes in with that same story. And if
12 you do, then, of course, in the long run, then all the
13 taxpayers have to pay for that improvement. That's kind
14 of what you're trying to work through.
15 MS. SCHERTZ: Thank you.
16 MR. BUCEK: So I think that's in line with
17 where you're going.
is MS. GOURDIE: My question was if I'd
19 followed through on it was that I drove that street
i.
20 yesterday and I looked at the way everything was. I saw
21 that if we put a curb there, I don't understand where
22 the water is going to go. It's going to stop against a
~ 23 concrete barrier. And it's going to either back up into
24 the other yards in which isn't concrete. It's just a
25 very I just saw a problem with it. When I drove by
PLANNING AND ZONING MEETING O SEPTEMBER 10, 1997 16
I
1
1 there, I didn't see even in sight years, even if
2 something were to happen, it's just so unlined. The
3 road has so much on the edges. It's pebbles and ■o
4 forth and so on. So when the water is coming down and
5 all of a sudden we've got this concrete barrier of a E
t
6 curb, where is the water going to stop? it's going to
7 stop on the edges and start pooling up and then we're
e going to get deterioration. So my concern is if we've
9 got this curb there, what are we doing with the water?
10 How are we maintaining it? If it starts cracking, whose
11 responsibility is it to fix it if chunks of it come up,
12 because each edge of it is unlined. So this is my
13 concern is when I ask the question of $1,500.00, I'm
I '
14 just trying to foresee what's going to happen in eight
i
15 years if capital Improvements aren't done. So that's my
16 question, is there going to be a problem with the rain,
17 the drainage, so forth and so on once this curb goos in?
18 fgt. SALMON: Well, of course, that's a
19 matter of design. It certainly does add a little bit of
20 at I guess, an additional dimension to the drainage.
21 Currently, the drainage flow on Sunset Drive is from
r
22 east to west, so you'd have your water flowing down this
23 way. There is not a lot of water at that point. But • •
24 what water does come down Sunset comes done the edge of
25 the road to Anna Street. What I would anticipate
PLANNING AND ZONING MEETING SEPTPMER 10, 1997 17
.
Ito
1 happening. Of course, you know, as most streets are,
2 they are lower at the edges than they are in the middle,
3 what I would anticipate is water coming down the edge of
4 the pavement on Sunset, would come into the gutter line,
5 would follow the gutter and there would probably need to
i
6 be some kind of provision made inside the city
t
7 right-of-way to insure that that water would continue on
8 down and not pool up, and that would be part of the
9 design of the street.
10 MS. GOURDIE: Thank you.
11 MS. Scum: Now do we make that happen?
F4t, SALMON: The if the applicant is
12
13 required to build that section of street, when he brings
14 a final flat document in, there will have to be a set of
15 construction drawings for that section of curve and
lb pavement. And so that issue would have to be worked out
17 and shown on those construction plans.
18 MS. SCHERTZS All right. Thank you.
f,
19 MR. HILL: And those plans will also have to
20 coma here and be placed on the Agendas ;
21 MS. SCHERTZ: Commissioner Powell.
22 MR. POWELL: Doss the $1,500.00 have the
1 • 23 cost of the plans? ~ •
24 MR. SALMON: No. You could probably plan on
25 an additional 10 to 15 percent added on for engineering.:'.
PLANNING AND ZONING MEETING SEP11WER 10, 1997 18
L3 X
f
' • ` ~ I•. c.-. 1 1 ~ f t „ rkt~ i1 y rr \ ~ w~ ` ~ ~~wa.P , f'i i
t ' -r ~y
i
1 ?42. POWELL: That could be true. I haven't
2 bought any plans in a long time. I never bought any for
3 less than $500.00 dollars.
4 MR. SALMON: There may be for a project
E
5 like this and economy of scale, the percentage way be
6 wore than that.
7 MR, POWELL: If we add on to the street,
e we're going to add on with more asphalt, correct?
9 MR. SALMON: Correct.
30 MR. POWELL: So we're going to patch asphalt
11 up against the existing asphalt?
s
12 MR. SALMON: Right. What I would anticipate
13 is because the edge is so jagged is that a contractor
14 would probably saw off the first foot or so of asphalt
15 and make it a clean cut and then patch the asphalt in
16 like that.
G
17 MR. POWELL: I also think I heard that the
is house on the corner excuse me, the lot on the corner
19 of Bolivar and Sunset has a house on it?
20 MR. SALMON: That's correct.
1
21 MR, POWELL: So that's not likely to be f
Ifk 1
22 further developed?
23 MR, SALMON: Probably not unless they've •
24 rezoned it to something else. '
25 MR. POWELL: So it's not likely then that
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 19
{
• . r. 'S.{. ~ -•/~~3 l C`A_ r r^t5 ~'S~~ ~AS'9~jt~~t',\~fy.~~l7 ~~j I-i r~~♦1~:
1 we're over going to get that part of it, curb and gutter
2 what we're going to do here is not likely to happen I
3 there because it's already got a house on it?
4 MR. SALMON: Right. I would say that's
5 probably the least likely section that would be done by
6 development.
7 MR. POWELL: And then the other one at the
s corner of Anna would be the only one than that would
9 have any effect on this that you could ever expect to
1
10 MR. JONES: I
11 MR. POWELL: I'■ talking to the staff member
12 here, sir. The other one up on the up hill side of
13 the drawing here, I guess that would be east, is the
14 only one that could develop that would have any effect
15 on that side of the street, right?
16 MR, SALMON: There's a possibility that if r'
p
17 the church expanded and were going to do some replatting
is or purchase some adjacent property and wanted to expand
19 their facility, that they would be required to west
•
20 of the subject property hers and then on the other J
21 opposite side of the street, you've got the vacant i.
22 property that, obviously, has some sort of commercial E ti '
• f •
23 type of toning. 3o those are the two pieces that are
24 mostly likely to develop in the Haar future. You're '
25 correct, the other property on the east side already has
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 20 i
2 1
r
t
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1 an existing hone so that may be somewhat unlikely and, {
2 apparently, there is an existing home on the corner
3 opposite of that, so that may be an unlikely piece as
4 well. So you've got two pieces there that I would agree
5 would be relatively unlikely for development.
6 MR. POWELL. Thank you.
7 MR. ENGELBRECH'r: One item, David. Given
8 this is a plat, what happened to the sidewalk s
9 requirements? Is that the other part of the $3,500.00?
10 MR. SALMON: No. As a matter of fact,
11 because this is a residential replat, we have a we
12 have a part of the ordinance that says that if sidewalks
13 where not required in the previous replat, then they
14 would not be required in any subsequent replat as long
15 as it's a single family residential development.
16 MR. ENGELBRECHT: Thank you.
17 MS. SCHERTZ: Are there any other questions?
18 MR. POWELL: I don't have another question.
19 Does anybody else? But if not, I cut Mr. Jones short
•
20 and I would like to give him, you know, an opportunity
21 to ■ay whatever he was going to say.
22 MR. JONES: I apologize for interrupting.
ti
23 Across to the right of the church there is the only • •
24 empty lot. I think you made that point for me. I
25 wanted to stress that. live gotten to know these two
PLANNING AND ZONING MEETING SEPTEMBER 100 1997 21
0
- • ri
k
I people on the Bolivar end and they're never going to put
2 a curb there, I mean, not out of their pocket. And the
3 church, that's the side of the church. The church has
4 an Anna Street address. That's the side, so I don't
5 imagine they don't even have a cutout for their
6 driveway. People park on the grass there on Sunday
7 mornings. But there is no parking lot, no nothing there
S for the Anna Street Church of Christ. And they pull in
9 from Anna Street in front of the church there and park
10 in the grass. And the empty lot on the other side, if
t -
11 that ever got developed, they wouldn't want an Anna
12 Street address because it's all commercial there. I
13 don't know if it would be commercial for the Sunset
14 Street address or not. Anyway, all up I as the only
15 residence with a Sunset address. So it looks to me I
E
16 would have a curb and then possibly the empty lot some h
17 day might have a curb and nobody also would and I just
is think that would be awful ugly.
19 Also, I'd have to chop down a bunch of r
20 trees. One of then is my second best tree which is
21 important to se, just to extend that road up five feet
22 because the curb would be right up against it and, of R'
23 course, it's got sole roots coming around, I'd have to f
• s
f
24 cut the roots up. I guess that's all I had to say. !
25 MS. SCHERTZS Thank you. If there are any
PLANNING AND ZONING MEETING SEPTEMBER 10, 1997 22
• ~~ri ~ ~t i L,... .a' ilia
, ytr. t; RLI-an r rr:
I further questions of staff if there is no further E
E
i
2 questions, I would entertain a motion at this time and
3 then any comments the commissioners would care to make.
4 MR. POWELL: I have one to make if there is
5 nobody that wants to jump out ahead of me.
6 Ms. SCHERTZ: Please.
7 MR. POWELL: I would move that a total
a variance of section 34-114 (5) of the Code of Ordinances
9 concerning perimeter paving be granted.
10 MS. SCHERTZ: Is thane a second?
11 fgt. ENGELBRECHT: I'll second the motion
12 with the understanding personally that we have to be '
13 careful with this from a legal standpoint down the road.
14 But in this case, I think it's going to be years and
15 years before they're asked to put curb and gutter on
16 that rest of that block of Sunset. And it just doesn't
17 sake any sense to put that piece in the middle from his
18 prospective or from the city's prospective.
19 KS. SCHERTZ: Are there any other comments?
20 MR. POWELL: I'■ worried about the wording
•
rj 21 of, you know, what I just said. I know what I want but ti
22 I's not sure it's legal. I'm not sure it's the proper
• •
23 way to word it. I said that I move that a total
24 variance be approved, and if that's good enough wording,
25 I'm happy to leave it like that, but I wanted to get it
PLANNING AND ZONING MEETING SMMER l0, 1997 23
a-7
i
1 on the floor and then ask if we had to massage it a
2 little to sake it cricket. But if it's tine, then I's
3 happy with it.
4 MR, HILL: why don't you do the variance as
5 requested by the applicant, so that you don't waive the G
r
6 entire
7 MR, POWELL. Jim, I would like to change
8 that, I think, to read, I would wove that a variance as
9 requested by the applicant of Section 34-114 (5) of the
10 Code of ordinances concerning perimeter paving be I
I
11 granted.
12 MR, ENGELBRECHT: I'll second with the ease
13 comment.
14 MR. POWELL: Thank you, Jim.
15 MS. SCHERTZ: Commissioner Moreno.
16 MR, MORENO: Madan Chair, I'm just going to
17 say one thing. I will agree with Commissioner Powell I
is and Commissioner Engelbrecht. 1 just can't help but
f
19 feel that requiring a curb and gutter in the middle of
20 this block would really kind of change the character of
21 that entire street. So Its going to vote in favor of
. r
22 the exaction variance.
23 MS, SCHERTZ: Any other comments? Seeing • •
•
24 none, all in favor of the motion on the table, please
25 raise your right hand. Motion carries unanimously, 7-0
PLANNING ANA ZONING MEETING SEPTEf®ER 10, 1997 24
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77
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1 6-0. Thank you.
2 Item No.
3 MR. POWELL' Mr. Jones, you won. He wasn't
4 sure what happened.
5 mR. JONES: Thank you.
6 NR. POWELL; Thank you, sir. Nr. Jones,
7 again, I apologize for cutting you short like that.
f
8
9
10
11 '
12 i
13
C,
14
r
15 {f
16
17 f
18
19
20
21
22
• 23 • •
24
25
PLANNING AND zONING MEETING SEPTBlWWLR 10, 1997 25
1 ~~2~4t i .
a` L g~ ~ ~v~ }C Ytt•r. G}' r~.r i
• 1 M 4~i.. r':•1.+r•,e Zv ~4~t,~ t-l-w ~t773;T,T y~e~ r ~}r ~1: Y
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•
Agendr Item ss
ORDINANCE NO. Date
AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the punhase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or serviccs as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of fiords
to be used for the purchase of the materials, equipment. supplies or services approved and accepted
herein: NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2091 ALL AMERICAN HOUSEKEEPING, INC. $75,133.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid j
Proposals. and related documents.
• SECTION 111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, '
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted. • •
J
I
.
SECTION IV. That by the acceptancc and approval of the above numbered items of the ~
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
SECTION-Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this _ day of 1997.
r
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: - - -
SUPPLY.ORD
•
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.
~ ..~~C 1 i, i.~i 4hty ~ ~.,a Frr ter. xvi~ .
' ' i rid •~ri r - n ~i 2 f pt'? J~';, t~ JL '~4 ~ ~ ~ ~r`~ ••."+ys~'~ ri;";~ ~ ~ ~,,~,y~~ ~i F~
1
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DATE: SEPTEMBER 23,1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID 02091- JANITORIAL SERVICES (RECREATION CENTERS)
RECOMMENDATION, Council approve award of Bid 2091 Janitorial Services (Recreation
Centers) to the low bidder, American Housekeeping, Inc., in the amount of $75,132.00 per year for
all services excluding carpet cleaning.
SUALNIARY: This bid is for annual cleaning of the recreation centers which are: Civic, Senior.
Denia. North Lakes, Goldfield Tennis and MLK Jr. Recreation Centers. Carpet cleaning will be
done separately from this agreement on an as-needed basis. Four vendors responded out of eleven
potential vendors who received invitations to bid.
The cost for this service has been held at a constant level since October, 1995.
PROGRAMS, DEPARTMENTS OR.GROUPS_AFFECTED: Facilities Management. Parks,
Citizens and Patrons of Denton Recreation Centers
FISCAL IMPACT: Budgeted funds are available in'98 FY in account number 100-032.0002-
8502.
t
Attachments: Tabulation Sheet l '
Memorandum from Janay Tieken, Facilities Management
Respectfully submitted:
~SL
Kat u se
Assistant City Manager of Finance
Prepared by:: J )
~ ,,y) f'~/ tom, ~c
Name: Melanie Harden, A.P.P. ~
Title: Buyer
Ap roved
Name: Tom D. Shag, C.P.M.
Title:. Purchasing Agent
MAGMA
3 .
,
,
SID 1 2091
AIDNANE JANITORULSERWES Saa4TM II lrk"a A= *Ma
(RECREATION CENTER) Howk eplal
OPEN DATE 1-24W
_ 0-QT1' DESC'REMON VENDOR V&YDOR_ ENDOR VENDOR
-
yatf), /oML )arty wuY )arty ah)4 ytar1J 1.I.e
1. 12N0 CIVICCENTER SIQMVG slam11 S2iA89.01 SISAW06
A. IIYR CLLANLYG CARPETS, TRACK SWAG S2M.11 S125.11 SL111.01 _
&OfP1CFS
L 12N10 SENIOR CENTER Sltl2ilp S9A"A S174" SI-L"SA
A. 21YR CLEANING CARPETS---- -smo --S)11_11 5100.!11 ----MUM
1 12SIO DENIARECREATION CE.\TER $13,317.01----SIJIAM.MSlIA24M S11AW"
,L L1 R CLEANING CARPETS _-SL0A UNA* $120.00 MAN 1
4. 12 \IO NORTH LAKES RECREATION CENM -S13.313.10 SISAW.M SlZA2a.M 313,301,06_
A. CLEANING CARPETS WON fd11.M- SI21.N_-svuio
- S. 12%10 TENNIS CENTER w2l.M 511101//0 32312/11 S244LOO
1. -12 %10_ XURL A RECREATION MA ER_- S14,i0.1M_ SIL"LM_ 33232111 - 513,=10.10
A. )Alt CLEANM CARPETS %W.M 36M.MJ-- STS1.11 Sill 10.M
SW Bwd E►c)Me ? ra w 3a ) n
ANNIUL TOTALS N'IO CARPET Nora.Rnpwlre
C7F.~YINC------ SU.1K3t_-_- i~._.- SMAM.M STS,IJ2.00
C
ykr '~i~Ty dr , ,
Mai
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r ~..:.Y,Y•~i+ti}t~'L4~JS~'.hfs. ~.~..rlr.+Lr~..~_ _~r . { wJ
Cm of DEMTOK TEXAS MUNICIPAL BUILDING • 215 E McK1NNEY • DENTLA TEXAS 7620.
(817) 5668200 DFW MEMO 434.2529 MEMORANDUM
Date: September 4, 1997
To: Melanie Harden, Purchasing
From: Janay Tieken, Facilities Management
Subject: Janitorial Services Bid M 2091
We recommend awarding bid p 2091 to American Housekeeping, Inc.
They are the qualified low bidder. I recommend this janitorial
service after checking their references. Each of their references
was happy with their service and would renew with them. In
addition, none of their references had found it necessary to hold
payments for non-compliance. We plan to accept the entire bid,
with the exception of carpet cleaning services. The amount of the
bid without the carpet cleaning services is $ 75,132.
If you have.any questions, please call me at 7201. l
Jaisay T ken
v ,
i
• memos\9795.mem S
"Dedicated to Quathy Service"
r'
•
Apnds No 7 ~'O I
~J
ApenQa Item
-9 ? 17
ORDINANCE NO. Date 9 9
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS. the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials. equipment, supplies or services in accordance with the procedures of STATE
lacy and City ordinances; and
WHEREAS. the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment supplies
or services as >hown in the "Bid Proposals" submitted therefore; and
WHEREAS. the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies. or services, sham in the "Bid Proposals" attached hereto, are hereby accepted t
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2093 ALL INDUSTRIAL INTERNATIONAL. 1NC. $33,317.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the tears,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
•
SECTION W, That should the City and persons submitting approved and accepted items and i
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, '
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto: provided that the written
contract is in accordance with the terms, conditions. specifications, standards, quantities and
specified stuns captained in the Bid Proposal and related documents herein approved and accepted. • •
1
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTIOMY. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this _ - day of _ - , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: i
i
HERBERT L. PROUTY, CITY ATTORNEY
BY: - -
SL'PPLY.ORD
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DATE: SEPTEMBER 23, 1997
i
CM-COUNCIL, REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID M 2093 - ANNUAL PRICE AGREEMENT FOR COMPOUND WATER METERS
RECQDIMENDATION: We recommend this bid be awarded to the low bidder, Industrial International,
lnc.. at the estimated total annual expenditure of $33,317.00.
SU3131ARYt This bid is for an amual price t for the purchase of compound water meters for use
by the Water Metering Division throughout the iry of Denton water distribution system. These meters will
be purchased and stored in the Warehouse for rue by the Water Metering Department on an as needed basis.
This price agreement will be in effect for a one year period and may be extended. Bids were received from
nvo vendors in response to seven bid packages mailed to vendors.
PROGRAMS.-DEPARTMENTS-OR_GROUPSAFFECTED. Water Metering Department, Water
Utilities, Water Customers of the City of Denton.
,a
FISCAL IWACTt Budgeted funds for Warehouse Working Capital and Water Meter Replacement.
Attachment: Tabulation Sheet
Respectfully submitted:
a u o
Assistant City Manager of Finance
Prepared by:
l~ - +JLA,
Name: Denise arpoo
• Title: Senior Buyer
AP roved:
• ame: om aw, • •
Title: Purchasing Agent
971. AGENDA ,
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BID N 2093
BID NAME ANNUAL PRICE AGREEMENT BADGER IND'L
FOR COMPOUND WATER METERS METER Pfrl,
INC
OPEN DATE AUGUST 29,19!7
N QTY DESCRIPTION VENDOR { VENDOR
1. 6 EA WATER METER, COMPOUND REMOTE
-------READ, -3114QISi00)-- $1,462.00 St,219.00
L 10 EA WATER METER, COMPOUND REMOTE
READ, 4" Jl9045450)-- --$2,315.00 S2,043_00
3. 1 EA WATER METER, COMPOUND REMOTE
READ, 6" M04SSa~ S3,31WO0 53,115.00
DELIVERY 2142 DAYS M DAYS
ALT 01
5!,197.00
ALT 0 2
52,011.a . ' '
ALTt3
33,!!0.00
ADDER ON EACH FOR
BRONZE PLATE STRAINER
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Agtmdt No.
Aperda l em J`S 7
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase I
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WIIEREAS, the City Council has prodded in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto. are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AIMOUNT
2100 ALL BARCO tNC, S 23,100.00
SECTION U. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations. Bid
Proposals, and related documents.
•
SECIlOX 111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal wTitten agreement as a result of the acceptance.
approval, and awarding of the bids. the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. • •
1
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SECT JON IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount F
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: - -
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Sveet.Y.ORD
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DATE: SEPTEMBER 23, 1991
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
Fr'OM: Kathy DuBose, Assistant City Manager of Finance
SUB: ECT: BID 9 2100 - PORTABLE TRASH PUMP
RECOAIMEdDATIONI: We recommend this bid be awarded to the sole respondent, Barco Inc., in the
arnornt of $23,100.00.
SUMMARY: This bid is for the purchase of a trailer mounted diesel powered, waterltmsh pump. The
pump is capable of pumping 11600 gallons per minute and capable of handling 3" solids. It is intended to
pump raw sewage in a lift station application or from manhole to manhole in the event of pipeline damage or
breakage.
This requirement has been bid twice with the same bidder as the only respondent on both occasions.
Solicitations were mailed to 14 qualified bidders and specifications were redrawn to encourage participation.
It appears there is a very limited source of supply for this size and configuration pump.
PROGRA 1S, DEPARTBUNTS_OR GROUPS AFFECTED: Water and Sewer Field Services and Fleet
Operations.
FISCAL IMPACT: Funds for this pump will conic from 1996-97 budget funds Account # 625-082-0471-
9107. t'
Attachment: Tabulation Sheet
I
Respectfully submitted:
Ka
Assistant it), Manager of Finance
Ap oved: ti
I
Manx: om Shaw,
Title: Purchasing Agent
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BID 0 - 2100
BID NAME Portabk Trul Pi, tap BARCO
OPEN DATE 9-26.97
N QTY. ------~DFSCRIPTION_ VENDOR -
1 - 1 Water Pump Troller Mwnted -323,100.00
Dslhcr 14-21-DAYS-
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Agenda No. 9~-oY / E
Agenda Item SJ
ORDINANCE NO. Date 9 "?3197
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid incitation, bid proposals and plans and specifications therein;
NOW. THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the construction of public works or
improvements. as described in the "Bid Imitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent tiled according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID AMOUNT
NU.~SBER CONTRACTOR '
2073 MID-STATE UTILITIES, INC. $122,750.00
SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders Licluding the timely execution of a written
contract and fumishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
• SECTION III. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and docu nents relating thereto specifying the terms,
conditions. plans and specifications, starKlArds, quantites and specified sums contained therein
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SEL-MN IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public %%wks and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION-Y. That this ordinance shall become effective immediately upon its passage and
approval. I
i
PASSED AND APPROVED this the day of
JACK MILLER, MAYOR '
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:- -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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DATE: SEPTEMBER 23, 1991
CITY.-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID # 2073 - COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION
AND REPAIRS
RECON MENDATION: We recommend this bid be awarded to the low bidder, Mid-State Utilities Inc.,
in the amount of $122,150.00.
SUXI-NIARY: This bid is for all labor and materials necessary in the rtteppaair of manholes and pipes in the
Cooper Creek Basin area. These defects are the sources of infiltration/inflow tatto the collection system.
These repairs will make more capacity available for future growth in the Cowper Creek Basin.
lids %%ere received from three contractors in response to sixty-five notices to bid mailed to contractors.
PROGRAMS,DEPARTMENTS OR.GROUPSAFFECTED. Water a:td Wastewater Engineering, Water
and Wastewater Utilities, Citizens in the Cooper Creek Basin Area.
i ,
FISCAL IMPACT: Budgeted funds for % Revenue Bond. Account # 625-092-RB96-V601-9114. f '
F,
Attachments: Tabulation Sheet
Public Utility Board Meeting Minutes Recommending ApMval'
Respectfully submitted:
1
~f►r= t
4Asst Manager of Finance
Prepared by:
am~vT' e: Denise Harpool
Title: Senior Buyer
r Approved:
Name: Tom Shavv, is
l Title'. Purchasing Agent
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BID 0 2071
BID NAME COOPERCREEK DRAINAGE BASIN SOUTHWESTERN RAD(cH MID-STATE
MANHOLE REHABIUTTATION UNDERGROUND CONST. UTILITIES
AND REPAIRS
OPEN DATE IDLY 22, IM
► DESCRIPTION VENDOR VENDOR VENDOR
L TOTAL BID AWARD $199,11.7------- -S2m35&06 $122,738.00
BID BOND ENCLOSED YES YES YES
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DELIVERY
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PUBLIC Ufi11TIES BOARD EXCERPT FROM AUGUST 18 MEEMG
REGARDING t' gm 8
AfOFNDA nEM 8: CONSWER APPROVM OF BID NO. 2073 IN THE AMOUNT OF
$121,130.00 FOR CONMUCHON OF COOPER CREEK BASIN
MANHOLE kEHADMITATION AND REPAIRS
Jilt iordm Iakrim Dincta of Water Utl'fzdm peestwled the fin&np of a wow swdy of ia8ow
&W lalllBadm in the CDoper Crock bola am 1o dle bond. Pliers wem dwsloped to sdvs do
problem and bkls were Woes.
Bids iododod Southwastan Uadarpotod, $230,330; ROM Caesbucka, $147,467; and MW
Som UtlHdm $122,750. TYe UdItty staff reooaltamded aw•ardkq do ooatract to dw lowrrtt
bidder. Board Mmbar Copla made & modoe b moss deer bid. Dowd Mombae Naha
ttoonded the aionDa. It was they umidmoualy Daad by the board. -
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f ~i.4'fr .lrj'~;{i~'lrt,. 'a y ~~~i1 'S_, '{,~yl ~y,!~~~`•-~
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Agenda !tern
~ 92---
ORDINANCENO. Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE ]aw
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid imitation, bid proposals and plans and specifications therein;
NOW. THEREFORE,
TILE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: {
SECTION I. That the following competitive bids for the construction of public works or E
improvements. as described in the "Sid Imitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
I
BID
NUNiBER CONTRACTOR AMOUNT
2087 CULLUM PIPE SYSTEMS, INC. 5~11J0
SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION UI. That the City Manager is hereby authorized to execute all necessary written
•
contracts for the pcrformatre of the construction of the public works or improvements in accordance ~ J
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms. i
conditions, plans and specifications. standards, quantities and specified sums contained therein, f
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SECTION IV. That upon acceptance and approval of the above competitive bids and the '
execution of contracts for the public works and improvernents as authorized herein the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SE_C 1ON Yr That this ordinance shall become effective immediately upon its passage and
approval.
r,
PASSED AND APPROVED this the day of _-_.--,1997.
JACK MILLER, MAYOR
\ •F
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ATTEST: "
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUfY, CITY ATTORNEY
BY:. -
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DATE: SEPTEMBER 23, 1997
CITY COUNCIL REPORT '
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID k 2087 - TOWNSHIP lI WASTEWATER LINING PROJECT
i
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Callum Pipe Systems Inc.,
in the amount of $78,112.00.
SUMMARY: This bid is for all labor and materials necessary in the lining cf approximately 1,112 feet of
6" and 8" pipe and seven manholes. This project is located in the subdivision of Township ll. This
wastewater main is located in the greenbelt area and is difficult for our crews to access. This lining of the
existing main will eliminate roots, stop ground water infiltration and help increase capacity of the line.
Three bid proposals Were received in response to nine notices to bid mailed to contractors.
PROGRAMS. DEPARTMENTS OR-GROUPS-AFFECTED. Water/Wastewater Utility, citizens in the
Township 11 area.
FISCAL IMPACT: Budgeted surplus funds for 1997. Account 625-082-0471-V719-9114.
Attachment: Tabulation Sheet
Public Utility Minutes Recommending Approval
Respectfully submitted:
S
Kathy i
Assist City Manager of Finance
Prepared by: f
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Hamer erase arpoo
Title: Senior Buyer
t AP roved:
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Title. Purchasing Agent {
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BID K 1987
Callum Pipe Iaskukm ARK-Garter
BID NAME TOWNSHIP II WASTEWATER Sp um
LINING PROJECT }
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OPEN DATE 8ll•4T a
-N ~ QTY DESCRIPTION VENDOR VENDOR VENDOR l
TOTAL BID AWARD 578,111.06 Sf1,541.66 $115,634,00
BOND? Yee Yd Yes
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AGENDA ITEM 4: CONSIDER AppROVAL OF BID OpEMG 2067 TO CULLUM RM
SYSTEMS, INC. IN THE IMOUNT OF 576,112.00 FOR a
CONMUCT70N OF TOWNSHIP H WASTEWATER LINWG i
PROJECT
Mi. Jordan also recomended swudins a copula b cwhun pipe Systsms, Inc, in the uoouat
of 57$,112 tot the Township II Wss jw" project whid► oonsist: of VMWmaWy
1, 112 fed of 6' sr►d V limns esAWW W MhAMEtation of 7 manholes.
B1dS Were received from Ins h*M Twtk taWft 5911544.00; RRH- WjW, Inc. toWft
$11S,634.00; and Cullsm Pipe SYmem toWlns $76.112,000. Board Membw Newell moved to
socept the bid. Board Munbu Noetoa baroaded the motion. It paned nm*m wly,
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Ag"A Na
nda Item SS
ORDINANCE NO..
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the Ili
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
i
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the construction of public works or t
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2089 ACID-STATE UTILITIES, INC. $142,424.00 F
SECTION It. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidden including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
1 notification of the award of the bid.
• SECTION III. That the City Manager is hereby authorised to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
w ith the bids accepted and approved herein, provided that such contracts are made in accordance '
with the Notice to Bidden and Bid Proposals, and documents relating thereto specifying the terms,
conditions. plans and specifications, standards, quantities and specified sums contained therein.
i
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' SECIION IY. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified i t such
approved bids and authorized contracts executed pursuant thereto.
SECTION Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,1997.
Y
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
f
i
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:.
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DATE: SEPTEMBER 23,1997
1
CITY COUNCILREPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: MANHOLE REHABILITATION PROJECT
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Mid-State
Utilities, Inc., in the amount of $142.124.00.
SUMMARY: This bid is for all labor and materials necessary in lining existing water/wastewater
manholes throughout the system (approximately 959 vertical feet). These manholes will be lined ;
«ith a (3)-layered composition liner system. Lining these manholes will extend their life and
structural stability and is more cost effective than installing new manholes.
Four bid proposals were received in response to eighty-three notices trailed to vendors.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED. WaterNastewaterField Senices,
Water/Wastewater Utilities, Citizens of Denton
FISCAL IMPACT: Budgeted funds for 1997 Manhole Rehabilitation. Account #625-082-0471-
V704-9114.
Attachments: Tabulation Sheet
Public Utility Minutes Recommending Approval
Respectfully y submitted:
Kath u8 e
Assistant City Manager of Finance
Prepared by: \
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent f
315.AG ENDA I`
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BID / M9
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BIDNASIE MA,NHOLEREHASIMATION vlowd Eavl.isiatertal PachM:iStal
PROJECT
OPEN DATE 9-21-97
DESCR1PT70N----__ VENDOR `_VENDOR VENDOR VENDOR
TOTAL BIDAWARL _SIf1J00M _-_SIJ7.12~M _ .511)9!I_2S _ _522J/)i.00
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AGENDA TTEM 3: CONSIDER APPROVAL OF SID NO. 20591N THE AMOUNT OF t
S142,424.00 FOR 1997 MANHOLE REHjkR •fATION PROMECT
1111 Jordan, Interim Di ecOa of Water Utilities, moommuwWd awmd'ing tW, ooaract 10
Mid-State UtWdia in the amount of ;142,424.40 6x* her pm=WAm an the astmhoia
rol aWita+ion project. CMdram Hopkins e:pWned this wa part of the inflow project. Afla
dIwA"on Soud I►iemba Norton awvod to aooept UUIRY etatf recommeadUkr, Hoard 114 m9w
Newell meorsded the awtiort. It wu udaaim usly paved by tM bard.
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ORDINANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT f'OR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for
the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted therefor, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of fiords
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECnON-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items:
RFSP ITEM
NUMBER NO. VEPIDOR AMQUNI
2086 ALL R.W. BECK, INC. $34,500.00 f
SECTION U. That by the acceptance and approval of the above numbered items of the f
submitted proposals, the City accepts the olr:r of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment. supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Invitations, r
Proposals, and related documents.
SECTION11l. That should the City and persons subatting approved and accepted items and
• of the submitted proposals wish to enter into a formal written agreement as a result of the •
acceptance, approval, and awarding of the proposal, the City Manager or his designated
repr,sentative is hereby authorized to execute the written contract which shalt be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
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SECTIOhM. That by the weeptanoe and approval of the above aumbeMd it= of the
submitted proposals, the City Couwil hereby authorizes the expenditure of fimds therefor in the
amount and in accordance with the approved ProPOW or pursuant to a written contract made
pursuant diewo as whorized herein.
SECTION-Y. Tbat this ordinanu shall beoaoe effective immed'atcly upon its Pww and
approval.
PASSED AND APPROVED this day of 11997.
' t
JACK M]LLER, MAYOR
ATTEST:
JENNIFER WALT'ERS, CITY SECRETARY
BY: -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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t _-fir t,i.f' t -M~, i*j 4 q'~.~%9.~ } L`i+('.",•'mss..+,
i DATE: SEPTEMBER 23, 1997
CITY.COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBow, Assistant City Manager of Finance
SUBJECT: RFSST OF 20S" - ELECTRIC SERVICE FUNCTIONAL
AND ELECTRIC [LATE DESIGN UNBUNDLING ELECTRIC
RECO~M amount of Si ATI$N: 0W r and that Phase II ft the above a referenced RFSP be awarded to R. W. Beck,
Inc. in SUMMARY: This RFSP is to corduct an electric cost of smke/funrctkm unbundling in Phase 1 and a rate
cost Strategic
n design study providetthe 11. This detailed analyis uired to suppcf! overall sisof functional and customer Electrk
necessary to redesign rates. is intended
Phase I consists of the following ta*s:
Forecast Revenue Requirements for a three year period.
Conduct a Functional Unbundling of costs, to include at a minimum generation, transmission,
distribution and administrative costs.
Conduct a Cost of Service study which allocates costs to each appropriate customer class, as
detennM by the Consultant.
Review the applicability of current cost accounting methodology and make recommerdations
for improvements.
Project future electric revenue requirements over a minimum of three years, giving
consideration to potential deregulation of the industry.
Analyze and identify short and bag run marginal costs and their components.
The study contract has been divided into two phases to allow delay of the rate design effort until a review of
Electric (early December, 1has 99~and completed. Phase I is the ward of Phase scheduled may be delayed up to 90 days (o~ early March, 1998award
necessary.
This two-phase approach gives the City significant flexibility to match the Phase II rate design with any
revisions in strategies. The City has also reserved the right to not award Phase II of the contract.
PROGRAMS, DEPARTMEATS_OR_GROUtS AFFECTED: City of Denton Utilities
`
FISCAL IMPACTS Funds for Phase I of this study are available from 1996197 budget funds. Account #
610-105-1057-9300-8502.
•
Attachment: List of Respondents r
Memorandum from R. E. Nelson to Council dated September 23, 1997 f r
R fully s mitted:
• Assistant City Manager of Finance L • •
Appr ed:
ame: om w~Fuut1GT- i}
Title. Purchasing Agent
933 AOEMDA
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THE FOLLOWING FIRMS RESPONDED TO THE RFSP M 20"'
Ree"towe and Co., Inc. f-
} Bono do McDonmll i
R.W. Beck, Inc.
Black and Veatch
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Cmr of Domm, Tx/; MUNICIPAL BUILDING 213 E MMNNEY ! DENTON. TEXAS 76201
(817) s*8200 • DFW METRO 431.2329
To: Mayor and Members of the city Council
Through: Ted Benavides, City Manage
From: Sharon Mays, Director, Electric Utility
Date: September 19, 1997
Subject: CONT'tACT WITH R.W. BECK FOR AN ELECTRIC COST OF
SERVICE/FUNCTIONAL UNBUNDLING RATE STUDY
Fot.• consulting firms submitted proposals to perform the electric
utility cost of service If.unctiona1 unbundling and rate design
study, separated into two phases. The two highest priced proposals '
were reviewed and eliminated after determining the services to be
provided were obtainable at lower costs from the remaining two low
bidders. A recommendation to award the bid to R.W. Beck versus
Black a Veatch was made after reviewing the proposals in detail
and discussing their technical emphasis and approach to Denton's
needs with the Public Utility Board. The request for proposal
clearly stated the technical proposal submitted would be given
primary consideration in awarding the contract. Staff and the
Public Utility Board are in agreement that Denton would be best
served using R.W. Beck. Major areas of comparison with comments
between the R.W. Beck and Black 6 Veatch proposals are discussed
below by functional categories.
Price: Phase 1 Phase 2
R.W. Beck ,-!Tub fyyr-0-0
Black a Veatch $37,400 $15,800
• Key Personnel: The R.W. Be_k team has much greater electric
utility experience than BV's team. Beck will utilize electric
regulatory and cost of service/rate design staff with extensive
electric utility backgrounds; specialists in deregulation and rate
design. BaV placed members on their team, including the client
liaison, with major backgrounds in water/wastewater utility
services.
Familiarity Issues: Beck worked on the Greenville transmission
cost of service filing, and is extremely familiar with the
deregulatory environment in Texas. B[V's familiarity is national
In scope, with little specific exposure to the Texas environment.
Beck has designed an Electric Reliability Council of Texas (ERCOT)
"Drdtcatfd to Quality Srrvkv"
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assessment model which forecasts the impact of deregulation. This
information will be available for use in the Denton analysis.
Revenue Requirement: Beck proposed to take into account the impact
of deregulation and retail wheeling scenarios in developing
revenue requirements. BiV proposed no analysis of deregulation or
retail wheeling scenarios.
Functional Unbundling: Beck's proposal was more complete and
detailed in identifying functional categories that need to be
unbundled in the study. Several additional cost unbi.ndling
functions were identified that will enable Denton to ob~ain a
better analysis of the current service costs in place. B6V took a
more traditional approach, based on the way things have been done
in the past.
Cost Accounting Methodology: Beck discussed activity based cost
accounting and emphasized the need to utilize activity based
accounting for cost analysis in the current environment. Beck will
review all electric utility cost documents and provide comments on
their recommended utilization and/or additional implementation
plans. BaV did not address this issue other than one sentence,
which indicated their approach would not meet Denton's needs.
Marginal Costs: Beck has proposed providing a spreadsheet program
for utilization in this area; and which we can continue to utilize
as conditions change. Beck will develop marginal costs with
existing facilities and loads as well as with new facilities or
other arrangements to serve additional loads. This cost
information will be extremely valuable in pricing electric
services under varying environmental conditions. B W will provide
a more limited analysis of marginal costs based upon existing
conditions during the three year forecast period.
Rate Design: Beck will develop and provide a computer model
utilizing the current on-line billing records during their rate
design process to ensure there are no surprises after rate
implementation. Rates will be designed in conjunction with our
marketing strategy, strategic plans, and the competitive
environment. Comparisons will be provided for other public and
private utilities in the area and state. B&V will develop rates
but were not as complete in their discussion of what would be
• provided or their willingness to include Denton staff input
throughout the process. i
Software Availability: Both firms will provide all software, with
Beck providing one day of training using their models and marginal
cost spreadsheet.
fiE
A"flid Ito
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND APPLICATION CONTROL
ENGINEERING PROVIDING FOR AN INCREASE IN THE SCOPE AND PRICE OF THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 3, 1997, the City of Denton awarded a contract for professional
engineering services for Pecan Creek Water Reclamation Treatment Plant Automation in the amount
of $22,500.00; and
WHEREAS, the City Manager, having recommended to the Council that such contract be
amended with respect to the scope and price and said amendment being in compliance with the
requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the contract between the City of Denton and Application Control
Engineering is hereby amended, copy of such amendment is attached hereto and incorporated herein
for all purposes, by increasing the scope and the expenditure of funds under such contract by the sum
of Twenty Eight Thousand Five Hundred Dollars (S28,500.00). The contract is amended to provide
the expenditure of finds in the amount of Fifty One Thousand Dollars (S51,000.00).
SECTION IL 1 hat this ordinance shall become effective immediately upon the passage and
approval.
PASSED AND APPROVED THIS DAY OF 1997.
f
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY: i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
kMEND.ORD
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DATE: SEPTEMBER 23, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: AMENDMENT NUMBER ONE FOR PROFESSIONAL SERVICES CONTRACT
WITH APPLICATION CONTROL ENGINEERING IN THE AMOUNT OF S28,M.09
RECOMMENDATION: We ruommend amendment number one reflected in purchase order 77189 to
Application Control Engineering be approved in the amount of $28,500.00.
SUMMARY: On June 3, 1997 the Council approved a contract with Application Control Engineering in
the amount of 522,500.00 for engineering services to automate the SCADA System at the Pecan Creek Water
Reclamation Treatment Plant (Ordiname No. 97.152).
This amendment will add the engineering services and design of an early storm water warning system and
storm water monitoring system to the existing contract.
Public Utility Board recommends approval.
i
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: City of Denton Utility Wastewater
Treatment Division and Drainage Division.
FISCAL IMPACT: Funds to pay for this contract amendment will betaken from a combination of 1996/97
budget accounts as listed on attached purchase order.
Attachments: Purchase Order 8 77189
Respectfully submitted:
'ea~!'3*S
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Exec a 'rector of Finance
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Approved:
k am-e-: Tom aw,
Tiile: Purchasing Agent
937.AGMA .
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IN, ...ri..r i'.r,l Aj+ j (Al All CONFNIMING OFFER 1
•Kaco:..k4r«y %Nes. CY.r.. OF MARKEDI I -
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DO NOT DUPLICATE
Rep No Bd Na DMU 09 09 97 pne No. 01
ITY
XAS
PURONASIVG D CgN / 9001 a TEXAS s~} YTEOENTTOK TEXAS 78201-4354
9401349-7100 DIFYV METRO 8171281-0042 FAX 9401349-7302
VENDOR APPLICATION CONTROL ENOR
TAME/ PO BOX 497562 DELIVERY CONFIRMATION ONLY C07
wmS$ ADORFSS STATER RECLAMATION
GARLAND TX 75049-7562 1100 MAYNILL RD
DEMTON TX 76208
RON WEISS
YEN" NO. APP49006 DELIVERY OUDTED 09 10 97 FOB DESTINATION BUYER TS TERMS
;r.
001 9932.08 SS VENDOR CAT. I M / A MFG NAME 1.000 9,932.08
CITY 192001
SCADA DESIGN WORK
002 1772.81 VENDOR CAT. i N / A MFG NAME 1.000 1,172.81
CITY 192007
SCADA EARLY WARMING SYSTEM I1 ACCOUNT
003 6015.25 VENDOR CAT. I M / A MFG SANE 1.000 6,015.25
CITY 192007
SCADA EARLY WARNING SYSTEM I2 ACCOUNT
• 004 1961.94 VENDOR CAT. I N / A MFG MANE 1.000 1,961.94
CITY 192007
SCADA EARLY WARNING SYSTEM #3 ACCOUNT
1 P OE TOTAL 19,682.08
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Ossr~ TA IISIt•4IfI PUINiCHASM
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I lri (MM41Nr 11.141 ,tlOa (al r1 p.yt.p~. yam. ryyYs
fwolcal, d Pw (as pa, OF MARKEDVRJCII
clrts„ (rorts, f~aelr+0 S" and Wa. .
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Bod No
Data: 09 09 97 Papa Na 02
CITY OF DENTON TEXAS
P0zKkSN4 Drvr4m 1901-8 TEXAS STREET I OEWON. TEXAS 78201-4354
9401349-7100 DMW ImTAO 8171267-0042 FAX 9401349-7302
EMU APPLICATION CONTROL ENGR
IAAE/ PO BOX 497562 DEL rvUY CONFIRMATION ONLT C07 0
DDRESS ADORfSS WATER RECLAMATION
GARLAND TX 75049-7562 1100 MATMILL RD
DENTON TX 76208
RON YBISS
VEIYIOR NO. APP49006 DELFVERY OWED 09 10 97 FOB DESTINATION em ITS 7FRAn
005 8817.92 SS VENDOR CAT. E N / A MFO MANX
CITT i 92007 1.000 8,817.92
SCADA STORM WATER METERING
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P OB TOTAL s 8,817.92
72 625 082 0470 OR ND TOTAL t 28,500.00
8502 9,932.08
0 )2 625 0C2 0471 8502 1,772.82
)3 620 081 0461 8502 6,015.25
)4 100 026 0810 P502 1,961.94
35 625 082 0463 8502 8,817.92
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MOOR MSTIMJCT". 1 Trms - Net 21 L%I n •a-i" gw+wI }
snot vow im*m Iwb #Vbub aw ##I 1. 9404 bancwnc FAL OnbuW" proW a.+„
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A94nda see SS /
ORDINANCE NO. Date
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding, $15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
f health or safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recocrnmx ed to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby determines that there is a public calamity that makes r
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve
the properly of the city, or to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery or equipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
77833 GREENVILLE TRANSFORMER CO. $ 25,200.00
SECTION 11. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such j
emergency purchases being in accordance with the provisions of stale law exempting such purchases f
by the City from the requirements of competitive bids.
1 r
SECTION W. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1997. `
.
JACK MILLER, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -
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DATE: SEPTEMBER 23, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy Du Bose, Assistant City Manager of Finance
SUBJECT: EMERGENCY PURCHASE ORDER 0 771W TO GREENVFUE TRANSFORMER
CO.
RECONEKMATION: We recommend this emergency purchase order to Greenville Transformer Co. in
the amount of $25,200.00 be approved.
SUMMARY: This emergency purc ham is to repair the 3750 K VA transformer which operates and generates
the Lewisville Hydroelectric unit This unit represents a 57,000.00 a week power soppy and there is also a
tential for flooding of the Hydro building. Three vendors were contacted to find lowest cost and the
fastest repair time. Greenville was the lowest bidder and offered a 6-8 week turn around. See the detailed
summary from Jim Thune, Manager, Ekctrw Production Division.
This purchase is exempt from the competitive sealed bid process due to the Public Safety hazard of this unit
if it remains on temporary low voltage auxiliary power.
PROGRAMS. DEPARTMENTS OR GROUPS. AFFECTED. Electric Production, Electric Utility
Division, Electric Customers of the City of Denton i
FISCAL IMPACT: Budgeted Maintenance funds for 1997; account ii 610-101.1011-5440-8309.
Attachments: Purchase Order # 77833
Memorandum from Jim Thum dated 9-1297
Respectfully submitted:
1.-
Kall~
Assistant Ci Manager
of Finance t;
Prepared by:
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Title: Senior H er /'J
Approved. i' -
Name: Tom Shaw, C-7.97
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Title: Purchasing Agent
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THIS IS A
PURCHASE CK10EA N0: 71833 COWMAN ORDER
TMs UP ON must 4V" on an DF MIAfMCEO
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ctru.. boxes. pxkkV Slips rd b,05-
o9 12 97 pa" No 01
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CITY OF DENTON TEXASEAs 751-
p 349_Dcj&ON 7 tp Fw 8l7/267fD0/D2 TFAX 940/349-770302 4354
VENDOR GREENVILLE TRANSFORMER CONPAN7
Dam" ELECTRIC PRODUCTION SOS
NAWJ P O BOX 845 ADDRESS
ADDRESS 1701 A SPENCER RD.
GREENVILLE TX 75403-0845 DENTON, TX 76205
t
STEVE C. PICKEMS
VENDOR NO. GRE35000 DELIVERY WED 11 15 97 FOB DESTINATION EUYER DH TERMS vmil~
q" i i !11
NFO MAKE 1.000 25,200.00
OOl 25200.00 $S VENDOR CAT. # M ~ A
CITY # 28530
REPAIR 1-3750 KVAr 3 PRASE TRANSFORMER. SQUARE D STATION
TYPE SHIFT-
PRIMARY UNIT, 2490Y/16400• MINERAL OILAFIL4LED COPPER WINDNGSSHIFT.
VENDOR TO SUPPLY COMPLETE TEST REPORT BEFORE ANY REPAIRS
. STARTED.
WILLI PICX UPIDELIVER TO ~O HYDRO O SITE ATE. CHARGER
00
DELIVERY SIX TO EIGHT WEEKS FROM DATE OF PICK UP. LEWISVILLE
HYDRO STEP-UP TRANSFORMER REPAIR.
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P OR TOTAL t 25.200.00
OR MD TOTAL s 25.200.00 •
01 610 101 loll 5440 6309 25.200.00
II sr,. i5•••• M
VENDOR Ml51AIRT06 _ 3, Tans Net
I T. uwt N,*A wmo wrs to** arF k 1 W atim FAIL o„wb« Po" WAN, v.r.r...r,a
t Atcev+es hMM I NS 1Nrd or vw wiM w *AN be Mt1eM1
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701 A. m.o.M FOAD
OPObIL taw 70203
*401340 -7661 -
Foso tYMOS }W.• 7366
$rgembw 12, IM
idr Tam Shaw
Pwdistia6 AS*
City of Deosaa
T=m Shw
Dmi^ To= 76201
Ra RtWW tar am WVW purohaae arch- Lawd'& P.oaar traasfo®t
Der Tam
Thor P ad& pto&xdm.Mvisim ngo, an am picy prabsae ardor lo had repmie to the
Lewisvilie HTx pows trsasfamar. The ttaafotorr fat7ed im ar.iaa reodsriot the hT~o imapetsei» ,
and without amohry prrwm. •
uwiavlil s bydw it cepabie of pm&mi erg 2 taw o(V, Iiom The power h m wr rmr aowwm the
4,160 vdt hydro hcMy VA the 24,000 vok Brom trsmtatiaaioa ryas K The I rn. is required for
bodL po ratim and stagy power sUPply to the moil With the traaatormr fmW 04 ow d Mviok the aoit `
it iocapehla olsmratio$ alacarbity for the Do6taa ayeMm and the poweebaamt i. wifhoet araailkiaey pawn.
Lon of the Ltwiaviw poerrtia<rrpreatrrs as iaaamaotal powm NW* oat lacmi 6 (nw $7,044 pat w e&
Addib=Oy, do hydro We it weJag MOW aWWY pow aspply. Undw diais OMSCA mioo, the pNV&t
ayata+d'art iaopaad, A taeapatary aton'liry power aommcbm hn htm iw+W to ptaad @aaam" low
voitw aarviaa for aamam+intioa ad dwm for rho r - faaW. Tire is some rink amodated wifb
m6mtsiom6 tbs facility wadi these ooodio'om as &o ft of tie powmhomm ooald reaalt if aboo<mW teakep
were to ooCUt.
Far thane nooks, vmim yore oomtactod fr aedm" and who&" to repair ft" k aaraer. We
tsaai.ed guotatioee Ilm ae.eral trartoreaar:aprfr fieilitisa (3reemntie Trsmalbtmr t7a pearidad tie koW
osdamos 6a want am repdm wed pev.ided d w guid;* tees araod repay ta.e !Sa Ciean.lila aedr
tasted =S.2W with tmtwasd at 64 w aka. Tbo mad lowest vaodw quota4 ;29,f44•wtl 11-10 MA
OerrlROUmd Qaatafiaa frx a saw tramafatnsr WAW 537.106, wits a 10.12 woek tem Mamd, Om
reoommamdobw to ropeir it bored on lowaat ant sad gidm on womA -
Fleece td me know ff you love smy qutatioms m requite 4 edditiomet iofoamrtion ntia der dkk
• matMr. Thank you fa Y~ tx~ amd ooe.idsatiom.,
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~ Maaspt, Flockia Productim Divfaio6 ~ ~ ~
oo: Shan Mays. DwvcW E69ftc Utilitiaa
Bob Nohioe4 Eseaati.e Dir cw iltititisa
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Apands necas
ORDINANCE NO. -di 3 ' 9 %r
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
PURCHASE ORDER BETWEEN THE CITY OF DENTON AND; EU$$TENBERG
CONSTRUCTION CO. PROVIDING FOR A INCREASE IN THE PURCHASE ORDER PRICE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on 0218-91, the City awarded a purchase order for31"3334_r
RENOVATTO&DF-DENTON CITY-HALL in the amount of $1,283,60Q.00; and
WHEREAS, the City Manager having recommended to the Council that a change order be
authorized to amend such purchase order with respect to the scope and price and said change order
being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the change order increasing the amount of the purchase order between
the City and F_URSTEN13ERG CONSTRUCTTON_CO, copy of which is attached hereto, in the
amount off ORTY FIYE THOUSAND EIGHTHUNDRED EIGHTY THREE and no/100 Dollars
(S45.883.00), is hereby approved and the expenditure of fiords therefor is hereby authorized. The
purchase order amount is amended to read $1,329,483.00.
SECIIOPIIL That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY: y
APPROVED AS TO LEGAL FORM:
HEBERT L. PROUTY, CITY ATTORNEY
S~Tr
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Z ris v ~ ~ ~ wit j.7 rt{1r. `S a, l a'.
,1 • - - L.~E'e4. 1.: ,T. 6L
"
DATE: SEPTEMBER 23, 1997
CITY COUNCIL. REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: PURCHASE ORDER # 73338 TO FURSTENBURG CONSTRUCTION CO.
CHANGE ORDER # 1, 4 AND 5
RECOMMENDATION: We recommend change order # 1 in the amount of $927.00 change order # 4 in
the amount of $24,999.00, and change order # 5 in the emount of S 19,957.00 be approve. Total change order
amount 545,883.00.
SUMMARY: The change orders are for construction changes to the contract for renovation of City Hall,
215 E. McKinney, Denton, Texas. Change Order # 1 is for the relocation of an office wall, change orders
# 4 and # 5 are detailed in cEange order synopsis attached as Exhibit A and B. Note that change orders 2 and
3 were time related only and had no financial impact on the contract
Each item listed as portions of change order # 1, # 4 and # 5 have been reviewed by Corgan Associates
Architects and they concur with the cost figures presented.
Most of the fast change order items totaling less than $25,000.00 have been completed to avoid delay in
construction, Council approval is required fr alt change orders over the $25,000.00 amount.
PROGRAMS,-DEPARTMENTS-OR GROUPS AFFECTED: City Employees located at City Hall,
Facilities Management Division, Furstenburg Construction Inc., and Citizens of Denton
FISCAL IMPACT: Funds for these change orders are available in the budget set aside for the City Hall
Renovation. Account # 454-032-CHAL-99101.
Attachments: Change Order # 4 r
Exhu'btt A - Change Order # 4 Synopsis
Chance Order # 5
Exhibit B - Change Order # 5 Synopsis
Respectfully submitted:
Assistant ity Manager of Finance
•
r.t Approved:
Name: Tom Shaw,
Title: Purchasing Agent
• 931, AGENDA +
2
•
•
Change Order owNER (x1
ARCHITECT 1x1
AIA Document G701 - CONTRACTOR ()Q
glectronic Format FIELD { 1
OTHER Q
TM DMMM41 !SAS MMUNT LEGAL CONUQLV;CES: CMAITAM4 %TM M ATIO&MY IS ENCOumow w nw ttssnc r TO ITS
CO.'driero4 OR mocaiCATiCCi. AUTMMCAT10N Of TM ELWMOKCALLY DRATTED .AIA DOCVNQNT MAY BE MADE BY UNI IG ALA
D0CVI4ES7 Dt01
PROJECT:
.rata
Oawel Cwwvwcum &W /tewer"m of W D"M Cw Aoll CHANGE ORDER NUIMER FOW (4)
Facnlay
215 Eaar McKuvoty DATE: S1 SepWTIbdr 1997
Dtrm Tow 78101
ARCHITECT'S PROJECT NP. 95222.00 D-4
TO CONTR'.CTOR
(w , &"*w CONTRACT DAM Jwv.,wy 22, 1997
Fusurbe Y Cwu&wcsw CMVay
2621 W. MQ4h4bbd Low CONTRACT FOR- RenoYtltkn
V" Taw 7S255
The CoUL-W b died as follows:
As indicabd on Aiwdrrait w dated 9 S4ptxnber 1987.
Not Valid YRtH Eg11ed by tM t Wfw. AraAiteot and Contraota.
7Teorigiaal(CostreaSsmx )wa>t s 1,263,f00.00
Net charge by p»riwt y sud wittd ChwV Otders s 021.00
The (Cotmsct Sum -arW) prior to this Chimp Order was S 1,264,627.00
The (Coavxt S tmX Rise) *01 be (iooeatsd)(deererei)
(raehuml) by this Chan;e Orda is dK =own of $ 24,072.00
The new (CcnwsaSumXQw@pwjW ) ioduding tbU Chaoge Order will be s 1,306,699,00
The Contrad Tune will be (maeased0mronsfAvashwifed) b' Ere ( S) days y I '
The due of Substz" Compbdoa a of 61t date ofb ye Order durefore is 6 a. R bar I S 1897. %FA tW
txG cKe, x%11 v*" 1U t Ls( CI.Fw S
VOTE: This smnmarydon sot reflect cbaages is the Contract Seim, Cootrecr Time or Gu mteed Mountie Prig wb)cb hart bees
atborued by Coastwboa Change Directive
Address A00r*" Addrns
Cwgm A.Uoelua, Lw. rvMmbtrg CoestnsOM Sec Cq of Demos j
501 Elm Street SwU 300 2621 W. MoskinOW Lase 211 Eat Mc uaw {
• Dille. Sew 75202 DaGaa. Tau 7S21s Dcoew tsta 76201
BY By ,
y DATE 1,6If. It , f 11 ATE 9 //-r/'7 {
ALA DOCL%Xlfr 001 • CHANGE ORDEII . 1917 >iDtT104 - ALA • COPMKi fr Ira? • THE AM=AN WTmftrtt Of AR002CM 17I1 ISM
YOU A,'F_&'L NW. WASHWO ON. DC..:000ir11M, WAKWO: UW4wmd iaaewq'!A va*? US. ee,,.40 fm "is w►to a ito -
p,oucwca ILn decwttt .te eleoettiemay preened wrA pneaw of M AIA @W LIB be itfroswte whhaa vaktiol teal Me sw of eyrcsnoe tr ultra ~ • •
• t..
EitcQOnieFortsat G701.1967
User Document 67010402 DOC - 911111997. ALA 1.4ense Numbw 101193, which expires an 91711996 -Page 11
J1
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EXHIBIT A -
CITY HALL RENOVATION
CHANGE ORDER SYNOPSIS
September 9, 1997
CHANGE ORDER #1 . . . . . . . . . . . . . . . . . . . add $927
CHANGE ORDER 02
time revision/change due to signed contracts late
CHANGE ORDER #3
time revision/September 8, 1997
CHANGE ORDER #4/ACCOUNT # 454-032-CRAL-9646-9101
• Installing stainers at each fan coil
unit as indicated on supplementary drawings
SD-35 and 36 as requested by Owner.
Cost to include labor only . . . . . . . . . . . add 300
• Revise layout of sidewalk at east
parking lot as indicated
on supplementary drawing #37 . . . . . . , add 750
• Provide two return air transfer
boots for room 127 as indicated
on supplementary drawing SO-38.
Provide access panel from
room 127 to corridor 123 above
the ceiling to access FP-#15
control panel . . . . . . . . . . . . . . . add 548
I Provide fur downs at window
locations as indicated on
supplementary drawings 47 and 48 . . . . . . . . add 1,939
• Provide carved sticks as
indicated in the contract documents
for the dias and lectern . . , . . . . . . . . . add 1,000
• ADA platform/State of Texas . . . . . , . , , , add 10,014
• trn-Dressen brick work in the
c.d0 conference room . . . . . . . . . . . . . . add 305
J
• Fill holes in lobby, floor tile area . . . . . . add 11075
a F-sr out roof drain in CMO kitchen area . . . add 413
t
• Grinding unforeseen bolts in CC Chambers . . . , add 570
• Install 2x2 light fixtures in A/V hall . . . . , add 280 _
3810.fm !
September 9, 1997 `
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♦ ny ',,„4 ,taw Y~~. 4. ~~_YT'ti~ i ~A F' hCw sr't'i S fti{I'CY' 9`~I'l'I4 ~I4i,,y
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• Pier - adjustment . . . . . . . . . . . . . . . add 376
• Screening modification . . . . . . . . . . . . . add 350
• Furr-out of electrical panel
in women's basement R.R . . . . . . . . . . . . . add 485
• Vapor barrier . . . . . . . . . . . . . . . . . add 933
• Ballast replacement . . . . . . . . . . . . . . add 2100
• Add switch for exhaust fan, room 163 . . . . . , add 262
• Add duplex's for exhaust 137 and 132 . . . . . . add 228
• Relocate fire panel circuit and power add 1153
• Furr-out for light switch room #116 . . . . . , add 128
• Paint around legal window . . . . . . . . . . , add 520
• Ad controls to mu-NI & N2 and
i circuit for hot water heater . . . . . . . . . . add
TOTAL $24,999
ti..
• 1
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3810.`.m
September 9, 1997
yS
•
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Change Order OWNER tX1
ARCHITECT I % I
AIA Document G701 - CONTRACTOR IX)
Electronic Format FIELD I)
OTHER Q
THIS DOCLII4 T HAS 000PLUAT 6EGAL C0IQUQVINCtL CONSWATION WTTH AN ATSORNTY is ENCOVRAGED Want RESTECT TO ITS
COSTLMON OR MODMCAfl0Y AUTHINTKAnON Of TICS ELECT1t0MCALLY DRAFTED ALA DOCI"AWr MAY BE M&DE BY VSIt'G AIA
DCC'UMFM Ibf01.
PROJECT:
f+enr, addrerr/
04+wa7 Cwlrwom aid Reeoratton q+ the Ova" C4& tYaft CHAAIOE ORDER NUMBER Flue (5)
Facatry
115 Est wKi ney DATE: 1 t September 1997
Demon. Titus 76101
TO CONTRACTOR: ARCHTTECT'S?ROJECTNO 95221.00 D-C
fll ` "I'T"i CONTRACT DATE: January 22, 1997
Fwstm+ Caasrrdm Coetpany
1621 W-Mock%gbn Lau CONTRACTFOR Renovation
Della, Tmas4SM
Th: cot-*= is chuffed as follows:
At indicated on AUchment W triad 9 Septrnber 1997.
Not valid until signed by the Owner, Archiho and Corttrector.
The onZiul (Contract Sm¢x ) was S 1 Z$3.600.00
Net change by previously autboraed Change Orders S 24,999.00
The (Coabact Svm Amur dlllm) poor to" Change Order was S 1.308,599,00
f The (ConractSusn)() will be CeauxdX40W"gay
Jwpohw Enl~by Ibis Change Order In the am= of S 19,957.00
The new (Coatrau SUM.- ) iocladiat ibis Change Order will be $ 1,328,558.00
The Coat-ad Tune win be by tourbeen ( 14) days.
The date of Subnotia! Completion as of the date of this Change Order Iberefore is 5 p. m. October 3. 1997.
NOTE: This summarydoes not tefAcs thanses in the Contract Sum. ContractTune or Guaranteed NU=um Price which have been
authorind by Construetion Change Dwerrvt. f
Address Address Aduresa
• Corsan Associates. Ian Fta/abers Coasswbon. INC Car of Dcatoa
N L Elm So e6 Suite 500 1621 W. tdoebesbird Lace 115 Fan Mwimmey f
DIIla,, Tc%u 15202 Daunt Tws 73225 Doom Taus 76106 1
all
I
,-4 Q. (WJ(~ A)A ° By
DATE Srpt. 11 f*AT
• ASA DOCU%90,7 6701 • CAQWA 011M - I-W LIX110n - A&A - CVFYU= I1e1 - THE AM ARAN MnTUTE Of ARP.lQT M. 1733 Nts' • •
YORK A\'LWF, NW. pASfOACTON, DC, 2000LSta2. wA7WINp, 6WMentd IMP, ot .;chn U f ce/YttNt LM set Is sabjrsi b lrai (
1
prse:A,on. SL d"U Mal rte kcvgLK&h' atodaeed .is pmm A:" of Se Au wA e h eq-owaN t moot rel~oe Mt:T IAe Qt t(afet+oa al eo1N
Elecuonu Format 0701.1987
User Document 0701#$.DOC - 9111/1997. AIA License Nvmbef 101193. which expires on 9/7!1998 - Gage 81
6
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EXH:6IT B
CHANGE ORDER #5
ITEMS NOT COMP A'IM:
• Dais modification in order to accommodate technical support systems; for
example speakers, voting option buttons and monitors. This will lower
top portion of the dais to allow a better relationship with citizens.
It will lower technical support systems down into leg space area, per
model constructed by Corgan & Associates.
$18,457
• Clean CMO hall wall 1,500
TOTAL $19,957
p
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3810.fm- ,
September 10, 1997
7 3!
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9~ Del
I ltgenda No.~ ~
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Agenda 1t m
' Data '
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CITY OF DENTON, TEXAS A&wx• Dep.rhn f • 216 E. AfcXk .y • Dnnton, Texas 76201
TeM*ftm (9401349-8288 • DFW *ftuo (972)434.2629 • FAX (960)349-7 789
i
y
MEMORANQUM ^ .
I t
TO: Honorable Mayor and Mernbers of City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
DATE: September l9, 1997
SUBJECT: ORDINANCE TO APPROVE THE 1997 TAX ROLL
rr i
Please find attached an ordinance to approve the 1991 tax roll, The approval of the tax roll is an annual
process required by the Texas Property Tax Code. The Tax roll is calculated by taking the 1997 certified
appraisal roll and applying the 1997 adopted to rate. The total tax levy on the certified roil is,' .
S 11,358,327. The arwicipated collection rate is 100%. ;
KDAth .
Attachrnent
Anmrm I
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ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1997 TAX
ROLLS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
F
S ox I. That the City Council hereby approves the 1997 tax rolls of the City of
Denton, Texas in the amount of $11,358,327 based oa the Certified Appraisal Roll as approved
by the Appraisal Review Board of the Denton Central Appraisal District
i -
SECTION 11, That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: l
1 HERBERT L. PROM, CITY ATTORNEY
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Agenda I m .55
Dale '
ORDINANCE NO. i
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED REAL
ESTATE CONTRACT---OPTION TO ACQUIRE ADDITIONAL REAL PROPERTY
WHEREIN THE CITY OF DENTON, TEXAS OBTAINS RIGHTS TO ACQUIRE A
CERTAIN 18.969 ACRE TRACT OF LAND SITUATED IN THE DAVID HOUGH
SURVEY, ABSTRACT NO. 646, FOR PUBLIC USE; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO
CONSUMMATE THE PURCHASE OR ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AUTHORIZING THE ESTABLISHMENT OF A SINKING FUND THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, the City Council approved and enacted ordinance No.
on September 9, 1997 which provided for the purchase, by the
City, of a certain one acre tract of land situated adjacent to
Mayhill Road, being part of a 19.969 acre tract of land situated in
the David Hough Survey, Abstract No. 646, for the future widening
of Mayhill Road in accordance with the terms of the Real Estate
Contract attached to said ordinance; and
I
WHEREAS, said Ordinance No. further provided that the City
is authorized to acquire additional real property, as may be
required, consisting of the remaining 18.969 acres of land which f
are part of the 19.969 acre tract described in the preceding
paragraph, and in furtherance thereof, a certain Real Estate
Contract---Option To Acquire Additional Real Property was attached
to said ordinance for execution by the parties; and
WHEREAS, since the approval of said ordinance on September 9,
1997, further discussions have occurred between the City and the
owner of the remaining 18.969 acre tract of land hereinabove
described, respecting several provisions of the Real Estate
Contract---Option To Acquire Additional Real Property document, and
the parties determined that several changes of wording in said
contract were necessary and appropriate to properly reflect and to
clarify the obligations of the City and the owner of the said
• remaining 18.969 acre tract of land, to each other; and
WHEREAS, the City and said owner have prepared, and said owner ;
has executed and delivered that certain revised "Real Estate
Contract---Option To Acquire Additional Real Property" which is
attached hereto as Exhibit "A" and is incorporated herewith by
reference. NOW THEREFORE, L
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: • •
SECII:,~d I. That the City Manager is hereby authorized to
execute A revised Real Estate Contract---Option To Acquire
Additional Peal Property by and between the City of Denton as
optionee and Robert P. Donnelly as optionor, a copy of which
contract is attached hereto as Exhibit "A" and is incorporated by
reference herewith.
' [ t
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SECTION II. That the City Manager is hereby authorized to
execute any and all documents necessary to consummate purchase or
acquisition of real property in accordance with said contract.
SECTION III. That the City Council hereby authorizes the
expenditure of funds as provided in said contract, as well as the '
establishment of a sinking fund providing for the possible exercise f
of any option or right to acquire real i contract. property
contained in said
i -
SECTioN Iy. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ' day of 1997,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNRY
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BY:
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REAL ESTATE CONTRACT
OPTION TO ACQUIRF. ADDITIONAL REAL PROPERTY
STATE OF TEXAS §
COUNTY OF DEMON §
THIS AGREEMENT is made by and tctween Robert P. Donnelly, hereinafter referred to
as "Opdonor" and the City of Denton, Texaq, a home rule municipality of Denton County, i
Texas, hereinafter referred to as "Optionec," upon the terms and conditions set forth herein.
RECITALS
WHEREAS, Optionor is the owner of certain real property consisting of approximately
19.969 acres located in the City of Denton, Denton County, Texas. A map of said 19.969 acre
tract is attacbed hereto as Exhibit "A" and incorporated herein by reference for all purposes.
Optionor, by a Real Estate Contract, has agreed to sell and convey to Option", that certain 1.0
acre tract of land more particularly described in Exhibit "B" attached hereto and incorporated
herein by reference for all purposes. Optionor, by this Agreement desires to grant Optionee a
right and option upon the terms and specified conditions set forth hereinbelow to acquire the re-
maining 18.969 acre tract of land (said tract being hereinafter referred to as the "Optioned
Tract") more particularly described in Exhibit "C" attached hereto and incorporated herein by
reference for all purposes; and
WHEREAS, Optionor and Option" intend in the limited circurnstances described in Ar-
ticle I(B) hereof, to obligate Option" to purchase the Optioned Tract; and
WHEREAS, Optionee believes that the 18.969 acre tract of land which is the subject of
this right to acquire and option is reasonably necessary for the public use in the future, and ac-
cordingly desires to acquire a right to acquire the Optioned Tract under the terms and special
conditions set forth hereinbelow;
• THEREFORE, IT IS AGREED AS FOLLOWS:
ARTICLE 1. '
GRANT OE OPTION TO ACQUIRE ADDITIONAL REAL PROPERTY
In consideration of the sum of ten dollars ($10.00), and the further consideration of Op- f i
tionee's payment for a surrey of the Optioned Tract; Optionee's payment of the cost of a pre- { •
tin-inary plat pertaining to the Optioned Tract and the 1.0 acre tract described in Exhibit "B" at-
tached hereto; Optionee's agreement to reimburse Optionor the cost of an applicable building
permit pertaining to the Optioned Trxt; and the agreement of Optionee to obtain and deliver, at
Optionee's expense, to Optionor, before any exercise of Optionee of its right or option granted
herein, a preliminary title report issued by Dentex Title Company, Denton, Texas, covering the
i
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ror
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Optioned Tract; Optionor hereby GRANTS to Optionee the right and option to acquire title to
the Optioned Tract at the prices and conditions, and within the time limitations specified below-
A. In the event that Optionor receives from a third party, at any time before January 1, 2013,
a bona-fide written offer supported by good and valuable consideration to purchase the
Optioned Ti +ct, then Optionee has no right of first refusal to match said third party offer,
and Optionee will not be obligated to pay any sum of money to Optionor under the terms
of this Agreement.
B. In the event that Optionor receives from a third party, at any time between January 1,
2013 and December 31, 2027, a bona-fide written offer supported by good and valuable
consideration to purchase the Optioned Tract, and the stated purchase consideration is an
amount less than two dollars ($2.00) per square foot, then Optionee shall be obligated to
acquire title to the Optioned Tract by paying to Optionor the purchase consideration of
two dollars ($2.00) per square foot; subject only to the conditions contained in that cer-
tain Real Estate Sales Contract attached hereto as Exhibit "D"6 Optionee shall tender said
executed Real Estate Sales Contract in accordance within the provisions of Article III
hereof within sixty (60) days after Optionee receives notice from the Optionor of the third
party offer.
C. In the event that Options receives from a third party, at any time between January 1,
2013 and December 31, 2027, a bona-fide written offer supported by good and valuable
consideration to purchase the Optioned Tract, and the stated purchase consideration is an
amount grater than two dollars ($2.00) per square foot, then Optionee may acquire title
to the Optioned Tract by paying to Optionor a total of one dollar ($1.00) more than the
purchase consideration offered by the third party. Optionee shall exercise its option by t
notifying Optionor in writing within sixty (60) days after Optionee receives notice from
Optionor of the third party offer, PROVIDED, HOWEVER, in the event that Optionee
elects not to acquire title to the Optioned Tract, then Optionee shall not be required to pay
any sum of money to Optionor, and this Agreement shall be thereby terminated.
D. Optionor and Optionee agree that unless earlier terminated, the rights and option of Op-
tionee shall expire on December 31, 2027.
•
E. Optiorxe represents to Optionor that it has no present, faced, intention to condemn all or
any part of the Optioned Tract at this time. Optionee is unable to lawfully agree to waive
its right of eminent domain with respect to the Optioned Tract, or, for that matter, any
tract of real property in the City of Denton, Texas.
• In the unlikely event that GVConee, because of a public necessity, seeks condemnation of ` . • •
all or any part of the Optioned Tract before January I, 2013, then Optionor and Optionee
shall treat such condemnation as Optiorxe's early exercise of its option to acquire the
optioned Tract and Optionor and Optionee each agree to designate a licensed real estate
appraiser of the State of Texas, with the M.A.]. (Member of Appraisal Institute) designa-
tion, who will in turn select a licensed real estate appraiser of the State of Texas with the
M.A.I. designation, which selected appraiser shall maintain his or her pdmipal office in
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Denton County, Texas. Thereafter, the selected appraiser shall prepare a written ap• i
praisal report aced determine the appraised fair market value of the Optioned Tract. Upon
determination of the appraised fair market %alue by this method, Optionee shall pay to
Optionor the appraised market value of the subject Optioned Tract or the amount of two
dollars ($2.00) per square foot, whichever amount is greater.
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ARTICLE II.
APPLICATION OF CONSIDERATION TO PURCHASE PR-
If Optionee exercises its right or option to acquire title to the Optioned Tract in accor.
dance with the terms hereof, it is specifically understood and agreed that the consideration paid
to Optionor by Optionee pursuant to the first paragraph of Article I hereof, shall not apply to any
purchase price expressed in Article 1 hereof.
ARTICLE III.
EXERCISE OF PTIQN TO ACQUIRE ADDITIONAL REAI PROPERTY
Optionee must exercise its options granted herein by providing written notice to Optionor
in accordance with any applicable deadline set forth in Article I hereinabove. In order to exer-
cise its option under the provisions of Article I.B. or Article I.C. heminabove, Opdooee must
execute and deliver to Optionor the Real Estate Sales Contract attached hereto as Exhibit "D,"
which is incorporated herein for all purposes.
ARTICLE IV.
CONDITION PRECEDENT
Optionor and Optionee agree that this Agreement is conditioned upon Option= receiving
Solid Waste Landfill Permit No. 1590-A from the Texas Natural Resource Conservation Cum-
mission. In the event that such condition is not satisfied, then this Agreement shall be null and
void. j
ARTICLE V.
R TENTl .h OF CONSIDERATION
•
In the event that Optionee fails to exercise any or all of its rights or options granted
herein, all sums and all consideration paid or provided by Optionee to Optionor shall be retained
by Optionor in consideration of the granting of these rights and options to Optionee.
ARTICLE VI. _
• TERMINATION OF OPTIONEE'S R GHTS AND OPTIONS 1 . ~ • •
if Optionee fails to meet any deadline relating to the exercise of any option or right
granted hereunder, or to the terms of sale of the Optioned Tract (exclusive, however, of the obli-
gations of Optionee set forth in Article I, paragraph B hereof), this Agreement, and the rights of
Optionee shall automatically terminate on the day following the applicable deadline.
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ARTICLE Vll.
MEMORANDUM OF AO EMENT
Optionor and Optionee each agree to execute, within thirty (30) days frost the date either
party requests in writing a Memorandum of Agmmemt respecting the existence of this Agree-
mem and evidencing Optionee 's interest in the Optioned Tract. Optiorm may elect to record
such Memorandum of Agreement in the Real Estate Reoords of Denton County, Texas.
ARTICLE VIII.
ASSIS'_NA ILI
No assignment of this Agreement, or of any right, duty, or option accruing under this
Agreement shall be made, in whole or in put by either party, without the prior written consent
of the other party. It is oonte nplated by Optionor and Optionee that Optionor will probably de-
sim to assign his rights and obligations respecting this Agreement to a member of his immediate
family, or a family partnership, or a limited partnership, or an inter-vivos trust, or any other en-
City which Optkm" has a controlling interest, and to whom/which the Optioned Tract has been
conveyed without the exchange of valuable consideration. Options shall not urittsonably
withhold its consent respecting any such assignment by Optionor.
ARTICLE iX.
N 9CIS
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E Unless otherwise provided heroin, any notice, tender, or delivery to be given hereunder
by either party to the outer may be effected in writing by personal delivery or by registered or
certified mail, postage prepaid, return receipt requested, and shall be deemed received as of the
date of actual receipt. Mailed notice shall be addressed as set forth below, but each party may
change his address in accordance with this paragraph:
To Options: To Optionee:
Robert P. Donnelly City of Denton, Texas
Ted Benavi&s, City Manager
• 215 East McKinney
Denton, Texas 76201
f:
With a copy to:
Herbert L. Prouty
City Attorney
215 East McKinney
Denton, Texas 76201
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ARTICLE X.
ENTIRE AGREEMkT
This Agreement contains the entire agreement between the parties relating to the option
and rights herein granted. Any oral representations or modifications concerning this Agreement
shall be of no force and effect, excepting a subsequent modification, in writing, signed by the
Parties.
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ARTICLE XI.
BINDING FFECT
This Agreement shall bind and inure to the benefit of all the respective heirs, personal
representalives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this the
day of _ 1947.
t
OPTIONEE
CITY OF DENTON, TEXAS
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: t
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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OPTIONOR
. ROBERT P.DONNELLY - •
RMCCA L. POWFIC
~ NOfaY Public ~
SO* or Toms
p conrnsna I Wwo,11.34a
/ • ~ ~ R B T P. DONNE Y
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STATE OF TEXAS §
COUNTY OF DfNTON §
BEFORE ME the undersigned authority, a Notary Public in mid for said State of Texas, on
this day personally appeared Ted Fseruvides, City Manager of the City of Denton, Texas, known to
me to be the person who signed and executed the foregoing ir>strument, and acknowledged to me
that this instrument was executed for the proposes and consideration dwein expressed.
GIVEN UNDER HAND AND SEAL OF OFFICE this the day of
19~
"IECCA L. "ELI
sn 4 Treys Notary Public in and for the
A' •c°'TM""°" 6~p^` t t-~a as State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DENTOZd §
BEFORE ME the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared Robert P. Donnelly, known to me to be the person who signed and
executed the foregoing irmtrurnent, and acknowledged to me that this irmtr unent was executed for
the purposes and co sideretioi therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
Notary Public in and fer the f
State of Texas i
F My Commission Expires'
\
E.`D0C51KUXXNEUY OON UCT VEJt2
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EXHIBIT "B"
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Being a 1r0 acre tract of land, more of less, being situated in the DAVID HOUGH
SURVEY, Abstract No. 646, in the City of Denton, Denton County, Texas; and being
part of a certain 19.969 acre tract of land described in Special Warranty Deed from the
Federal Deposit Insurance Corporation as Receiver of Western Bank as grantor, to Robert t
P. Donnelly, as grantee, executed on November 19, 1992, said deed being recorded in l
Volume 3384, Page 0905 of the Real Property Records of Denton County, Texas; and .
being further described as a tract of land West of and 4went to the existing MayMll
Road prescriptive right of way, running approximately 869.5 feel along the present
location of Mayhill Road, and being 50 feet in width
Seller and Purchaser agree that upon completion of a ground survey of the above tract in
connection with the closing of this transaction, that a meta and bounds legal description
of said tract will be substituted for the above description.
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EXHIBIT "C"
BEING 19.969 acres of land located in the DAVID HOUGH SURVEY, Abstract No.
646, Denton County, Texas, being the same tract of land as conveyed to Rozella A.
Putnam by the deed recorded in Volume 1586, Page 45 of the Deed Records of Denton
County, Texas. Said 19.969 acres being more particularly described by metes and
bounds as follows:
BEGINNING at a %x inch iron rod in the centerline of Mayhill Road at the Southeast
comer of said Putnam Tract, also being the Northeast comer of a tract of land conveyed
to Andrew Corporation, by the deed recorded in Volume 912, Page 797, Deed Records of
Denton County, Texas, also being the Southeast corner of said Hough Survey;
THENCE, South 87 degrees 13 minutes 28 seconds West, 744.08 feet along the North
line of said Andrew Corporation Tract and the South line of said Hough Survey to a
inch iron rod in the Northeast right-of--way line of the M. K. T. Railroad;
THENCE, along said Northeast right-of--way line as follows:
1. North 47 degrees 59 minutes 44 seconds West, 87.69 feet to a % inch iron rod;
2. North 50 degrees 49 minutes 23 seconds West, 101.67 feet to a % inch iron rod;
3. North 53 degrees 56 minutes 53 seconds West, 101.75 feat to a %s inch iron rod;
4. North 57 degrees 13 minutes 33 seconds West, 67.68 fat to a inch iron rod at
the Southwest comer of aforesaid Putnam Tract, also being the Southeast comer
of a tract of land conveyed to Don V. Cunningham and wife, by Deed recorded in
Volume 653, Page 146, Deed Records of Denton County, Texas;
THENCE, North 00 degrees 00 minutes 04 seconds East, 641.34 feet to a ti inch iron rod
in the South line of a tract of land conveyed to E. P. ]eske by the deed recorded in
Volume 1386, Page 377, Deed Records of Denton County, Texas, also being the
Northeast corner of said Cunningham Tract;
• THENCE, North 87 degrees 34 minutes 46 seconds East, 1,051.76 feet to a' inch iron
rod in the center line of aforesaid Mayhill Road, also lying in the West survey line of the ,
G. Walker Survey, Abstract No. 1330;
THENCE, South 01 degrees 36 minutes 49 seconds West, 869.50 feet along said survey
line and the East boundary line of said Putnam Tract to the PLACE OF BEGINNING and
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• containing 19.969 acres of land, more or less; LESS AND EXCEPT that certain 1.0 acre
tract of land described in Exhibit "B" hereto, leaving 18.969 acres, more a less,
remaining in this tract.
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EXHIBIT "D"
REAL ESTATE SALES CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between ROBERT P. DONNELLY
(hereinafter referred to as "Seller") and the CITY OF DENTON, TEXAS, a home rule
municipality, of Denton County, Texas (hereinafter referred to as "Purchases'), upon the
terms and conditions set forth herein. f
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and
agrees to pay for that certain tract of land located in the City of Denton, Denton County,
Texas, containing 18.%9 acres of land, mote or less, and being more particularly
described in Exhibit "I" attached hereto and incorporated herein by refemmoc for all
purposes; together with all and singular the rights and appurtenances pertaining to the
property, including any right, title and interest of Seller in and to adjacent streets, alleys
or rights-of-way (all of such real property, rights, and appurtenances being hereinafter
referred to as the "Property"), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration and upon and
subject to the terms, provisions, and conditions hereinafter set forth.
PURCHASE PRICE
1, Amount of Purchase Price. The purchase price for the Property shall be the sum
of S as determined in that certain Real Estate Contract-Option
To Acquire Additional Real Property executed by Seller, as Optionor and
Purchaser as Option", on the day of . 199_•
2, P=nr of Purchm Price, The full amount of the purchase price shall be
payable in cash at the closing,
PURCHASER'S OBLIGATIONS
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The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions
any of which may be waived in whole or in pin by Purchaser at or prior to the closing.
1. Prelimiparv Title Report. Within twenty (20) days after the date hereof, Seller, at
Seller's sole cost and expense, shall have caused the Title Company (hereinafter
defined) to issue a preliminary title report (the "Title Report") accompanied by
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copies of all recorded documents relating to :asements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice on or before the
expiration of ten (10) days after Purchaser receives the Title Report that the
condition of title as set forth in the title binder is or is not satisfactory; and in the
event Purchaser states that the condition is not sad sfnwaory, Seller shall, at Seller's
option, promptly undertake to eliminate or modify all umaceeptable matters to the
reasonable satisfaction of Purchaser. In the event Seller is unable to do so within
ten (W) days after receipt of written notice, this Agreement shall thereupon be
null and void for all purposes; otherwise, this condition shall be deemed to be
acceptable and any objection thereto shall be deemed to have been waived for all
purposes.
2. Sury . Purchaser may, at Purchaser's sole cost and expense, obtain a current
survey of the Property, prepared by a duly licensed Texas land surveyor chosen
by and acceptable to Purchaser. The survey shall be staked on the ground, and
shall show the location of all improvements, highways, streets, roads, railroads,
rivers, creeks, or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's certification that
there are no encroachments on the Property and shall set forth the number of total
acres comprising the Property, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey to review and
approve the survey. In the event the survey is unacceptable, then Purchaser shall
within the ten (10) day period, give Seller written notice of this fact. Seller shall,
at Seller's option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser. In the event
Seller is unable to do so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall thereupon be
null and void for all purposes. Purchaser's failure to give Seller this written
notice shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, observed, and complied with
all of the covenants, agreements, and conditions required by this Agreement to be
performed, observed, and complied with by Seller prior to or as of the closing.
• REPRESENTATIONS AND WARRANTIES OF SELLER
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Seller hereby represents and warrants to Purchaser as follows, which
representations and warranties shall be deemed made by Seller to Purchaser also as of the
closing date:
• 1. There are no parties in possession of any portion of the Property as lessees, • •
tenants at sufferance, or trespassers,
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2. Except for the prior actions of Purchaser, there is no pending or threatened
condemnation or similar proceeding or assessment affecting the Property, or any
part thereof, nor to the best knowledge and belief of Seller is any such proceeding
or assessment contemplated by any governmental authority.
3. Setter has complied with all applicable laws, ordinance,, regulations, statutes,
rules and restrictions relating to the Property, or any part :hereof.
4. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or
materials on or within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as same are defined
by the Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title Company, Denton, Texas,
at such title company, time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
I. Seiler'sRrquiremenu. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged General Warranty
Deed conveying good and marketable tick in fee simple to all of the
Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions except for the following:
1. General real estate taxes for the year of closing and subsequent years
not yet due and payable;
2. Any exceptions approved by Purchaser pursuant to PSI i
Obligations hereof; and
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• 3. Any exceptions approved by Purchaser in writing.
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S. Deliver to ?urchaser a Texas Owner's Title Policy at Seller's sole
expense, issued by Dentex Title Company, (the "Title Company), or such E
title company as Seller and Purchaser may mutually agree upon, in
Purchaser's favor of the full amount of the purchase price, insuring i
• Purchaser's fee simple title to the Property, subject only to those title • •
exceptions listed in using R uirements hereof, such other exceptions as
may be approved in writing by Purchaser, and the standard printed
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exceptions contained in the usual form of Texas Owners Title Policy,
provided, however:
1. The boundary and survey exceptions shall be deleted if required by
Purchaser and if so required, the costs associated with same shall be
borne by Seller,
2. The exception as to restrictive covenants shall be endorsed "None of
Record"; i
3. The exception for taxes shall be limited to the year of closing and shall f
be endorsed "Not Yet Due and Payable"; and
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4, The exception as to liens encumbering the Property shall be endorsed
"None of Record".
C. Deliver to Purchaser possession of the Property on the day of closing.
2. PuxbM's Requirements. Purchaser shall pay the consideration as referenced in
the Purchase Price section of this contract at Closing in immediately available
funds.
1 C inQ Costs. Selig shall pay all taxes assessed by any tax jurisdiction through
the date of Closing. All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein shall be equally
shared by Purchaser and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the conwr maiion of this Agreement
shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold
harmless Purchaser from any and all claims for any such commissions.
BREACH BY SELLER j '
In the event Seller shall fail to fully and timely perform any of its obligations ~
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hereunder or shall fail to consummate the sale of the Property except at Purchaser's
default, Purchaser may either enforce specific perfomrance of this Agreement or
terminate this Agreement.
BREACH BY PURCHASER - • •
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS
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having been satisfied and Purchaser being in default, Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISC.LLANEOUS
1. Assinnnxnt of Agreement. This Agreement may not be assigned by Purchaser
without the express written consent of Seller.
2. Survival of Covenants. Any of the rept,--sentations, warranties, covenants, and
agreements of the parties, as well as any tights and benefits of the parties,
pertaining to a period of time following the closing of the transactions
contemplated hereby shall survive the closing Lid shall not be merged therein.
3. NQfi.ti4• Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail,
return receipt requested, addressed to Seller or Purchaser, as the case may be, at
the address set forth beneath the signature of the party.
4. Texas Lgw to Anely. This Agreement shall be conswied under and in accordance
with the laws of the State of Texas, and all obligations of the parties created
hereunder arc performable in Denton County, Texas.
5• parties Bound. Ibis Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, adminisLators, legal
representatives, successors and assigns where permitted by this Agreement.
6, J&yat f ^rssLn!ction In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, said invalidity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if the invalid,
illegal, or unenforceable provision had never been contained herein. j
7. Prior Anrcements Sups rseded. This Agreement constitutes the sole and only
agreement of the parties and supersedes any prior understandings or written or
oral agreements between the parties respecting the within subject matter
8. Ti a err f Essences Time is of the essence in this Agreement. i
9. Gender. Words of any gender used in this Agreement shall be held and construed
to include any other gender, and words in the singular number shalt be held to
include the plural, and vice versa, unless the context requires otherwise. ti
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10. Memorandum of Contr~t. Upon request of either party, both parties shall
promptly execute a memorandum of this Agreement suitable for filing of record.
Pages i
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H. Comoliang. In accordance with the requirements of the Texas Real Estate k
License Act, Purchaser is hereby advised that it should be furnished with or obtain
a policy of tide insurance or Purchaser should have the abstract covering the
Property examined by an vorney of Purchaser's own selection
12. Time Limit In the event a fully executed copy of this Agreement has not been
returned to Seller within thirty (30) days after Seller executes this Agreement and '
delivers same to Purchaser, Seller shall have the right to terminate this Agreement }
upon written notice to Purchaser. Ii
DATED this day of
PURCHASER
THE CITY OF DENTON, TEXAS
By'
City Manager
215 E. McKinney
Denton, Texas 76201
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ATTEST:
By:
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY, CITY OF DENTON, TEXAS
' By.
SELLER
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ROBERT P.DONNELLY
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Robert P. Donnelly
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STATE OF TEXAS
COUNTY OF DENTON
This Uarumeat was acknowledged before me on this the day of
by Robert P. Donnelly.
Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
I. '
This instrument was acknowledged before mt, on this the day of k
by City Manager
of the City of Denton, Texas, a municipal corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said City of Denton, Texas, a municipal oorporstion, that
he was duly authorized to perform the same by appropriate ordimace of the City Council
of the City of Denton and that he executed the same as the act of said City for Purposes
and consideration therein expressed, and in the capacity therein stated.
Notary Public in and for the State of Texas
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EXHIBIT "1"
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BEING 19.969 acres of land located in the DAVID HOUGH SURVEY, Abstract No. 646,
Denton County, Texas, being the same tract of land as conveyed to Roulla A. Putnam by the
deed recorded in Volume 1586, Page 45 of the Deed Records of Denton County, Texas. Said
19.969 acres being more particularly described by metes and bounds as follows:
BEGINNING at a''/2 inch iron rod in the centerline of Mayhill Road at the Southeast corner of
said Putnam Tract, also being the Northeast corner of a tact of land conveyed to Andmw
Corporation, by the deed recorded in Volume 912, Page 797, Deed Records of Denton County,
Texas, also being the Southeast corner of said Hough Survey;
THENCE, South 87 degrees 13 minutes 28 seconds West, 744.08 feet along the North line of
said Andrew Corporation Tract and the South line of said Hough Survey to a'/, inch iron rod in
the Northeast right-of-way line of the M. K. T. Railroad;
THENCE, along said Northeast right-of-way line as follows:
1. North 47 degrees 59 minutes 44 seconds West, 87.69 feet to a Vs inch iron rod;
2. North 50 degrees 49 minutes 23 seconds West, 101.67 feet to a % inch iron rod;
3. North 53 degrees 56 minutes 53 seconds West, 101.75 feet to a''/2 inch iron rod;
4. North 57 degrees 13 minutes 33 seconds West, 67.68 feet to a inch iron rod at the
Southwest comer of aforesaid Putnam Tract, also being the Southeast comer of a tract of
land conveyed to Don V. Cunningham and wife, by Deed recorded in Volume 653, Page
146, Deed Records of Denton County, Texas;
THENCE, North 00 degrees 00 minutes 04 seconds East, 641.34 feet to a inch iron rod in the
South line of a tract of land conveyed to E. P. )eske by the deed recorded in Volume 1386, Page
377, Deed Records of Denton County, Texas, also being the Northeast comer of said
Cunningham Tract;
THENCE, North 87 degrees 34 minutes 46 seconds East, 1,051.76 feet to a %a inch iron rod in
• the center line of aforesaid Mayhill Road, also tying in the West survey line of the G. Walker
Survey, Abstract No. 1330;
THENCE, South 01 degrees 36 minutes 49 seconds West, 869.50 feet along said survey line and
the East boundary line of said Putnam Tract to the PLACE OF BEGINNING and containing
19.969 acres of land, more or less; LESS AND EXCEPT that certain 1.0 acre tract of land
• previously conveyed by Robert P. Donnelly to the City of Denton, Texas by General Warranty • •
Deed on the day of , 19_, which deed is recorded at Volume ,
Page of the Real Estate Records of Denton County, Texas; leaving 18.%9 acres, mom
or less, remaining in this tract.
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Aplntla No.
Agenda Me ~ '
Date
CITY COUNCIL REPORT
TO: Mayor and Members of City Council
FROM: R,E. Nelson, Assistant City Manager for Utilities
DATE: September 23, 1997
SUBJECT: APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL
LEGAL SERVICES BETWEEN THE CITY OF DENTON AND
OFFICES OF LLOYD, GOSSELINK, FOWLER, BLEVINS, AND
MATHEWS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
Staff recommends approval of a contract for professional legal services with Lloyd,
Gosselink, Fowler, Blevins and Mathews, P.C. (Lloyd, Gosselink) for representation
before the Public Utility Commission (PUC). The contract is not to exceed $50,000 for a l
period of twelve months with a not to exceed figure of $10,000 for expenses.
SUMMARY:
The contract price of $50,000 for twelve months does not include any costs incurred as a
result of a contested hearing, nor does it include copying costs. Because of the potentially
large number of parties requiring notification, copying charges can be significant. For
instance, documents filed in Docket 15940 (Transmission Pricing) must be served to more
than forty parties. Given the complexities of Docket 15840, there have been over 600
documents filed during the last year and a half. The cost involved with copying eroded
• money available for actual legal representation before the PUC. By charging 10 cents per
pagc for copies and 25 cents per page for faxes, Lloyd, Gosselink will better be able to
control these types of expenses. These expenses are capped at $10,000.
Should a contested hearing involving the City of Denton develop, a separate contract will
be required. i ,
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BACKGROUND: i
The existing Employment Contract for Professional Legal Services between the City of
Denton and the law firm of Lloyd, Gosselink for representation before the PUC is almost
obsolete. Owe the PUC approves the City's compliance tariff for wholesale transmission
service, submitted August 19, 1997, and expected to be approved sometime in September
or October, the contract will be fulfilled.
The PUC will be very active during the interim period before the next legislative session.
Tin PUC is responsible to the Senate Interim Committee on Electric Utility Restructuring
for any research and/or reports regarding deregulation in the State of Texas. Distribution
will be a major focus for the PUC, as transmission was during the last interim period. We i,
can anticipate that more dockets and projects will be initiated requiring extensive and
complicated filings by the City of Denton. Because data requests by the PUC are not
usually optional but are mandated, competent legal representation before the PUC is a
must.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED
The filings submitted to the PUC will affect the impact deregulation ultimately his for the
Electric Utility and its customers, and the City of Denton and its taxpayers. f,
FISCAL IMPACT:
The Electric Utility will fund the costs associated with this contract. The coat-Act is
limited to $50,000, plus no more than $10,000 for expenses.
RESPECTFULLY SUBMITTED:
R.E. Nelson
f Assistant City Maruger for Utilities t
1
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C:\pOCf\OR6\l[GALfVC.MO
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES
BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS 6
MATHEWS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Contract for Professional Legal Services between the City
of Denton and Lloyd, Gosselink, Fowler, Blevins i Mathews, P.C., a
Texas Professional Corporation, to provide professional legal
services with respect to representation of the City before the
Public Utility Commission ("PUC") of the State of Texas relating to
the City's compliance with the PUC's transmission service rules and
to any rulenaking proceeding or project relating to electric
transmission service. A copy of said Contract is attached hereto
as Exhibit "A" and is incorporated herewith by reference.
SECTION II. That the City Council hereby authorizes the
expenditure of funds as provided in the contract.
SECTION T112 That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of r 1997•
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY AT'T'ORNEY
.
BY: r't ~..•y ;r:• V
l . } lam; .Y1 i~.t r .f 3 4 / { ' 4~`t ..T .
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CONTRACT FOR
PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS 5
COUNTY OF DENTON S
This AGREEMENT, made and entered into this day of
, 1997, by and between LLOYD, GOSSELINK, FOWLER,
BLEVINS and MATHEWS, P.C., a Texas Professional Corporation, with
Lambeth Townsend having full authority to execute this Agreement on
behalf of LLOYD/GOSSELINK, 111 Congress Avenue, Suite 1800, Austin, f
Texas 78701, hereinafter referred to as "Consultant'; and the CITY
OF DENTON, a Texas Municipal Corporation, 215 E. McKinney, Denton,
Texas 75201, hereinafter referred to as "CITY'.
WHEREAS, the City needs to employ legal counsel to provide
professional legal services with respect to the City's compliance
with the Public Utility Commission ('PUC•) electric transmission
service rules as well as any rulemaking proceeding or any project
relating to electric transmission service; and
WHEREAS, the Consultant is willing to perform such services in f
a professional manner as an independent contractor; and,
WHEREAS, the City desires to engage the Consultant to render
the professional services in connection therewith, and the
Consultant is willing to provide such services:
NOW, THEREFORE, in consideration of the promises and mutual
obligations herein, the parties hereto do hereby mutually AGREE as
follows:
1. Scow of 8ervic*2e The Consultant shall perform the
following services in a professional manner working as an indepen-
dent contractor not under the direct supervision and control of the
city: .
A. Services to be provided:
1. Consultant shall represent the City before the Public
Utility Commission concerning the City's compliance with `
the PUC's Transmission service rules and concerning any Q
rulemaking proceeding or project relating to transmis-
sion service including without limitation the profes-
sional and legal services with regard to submitting
pleadings and comments and attending all uncontested
hearings and other proceedings in relationship to these
matters and to consult with the City through its Denton
Municipal Utilities staff with regard to all filings,
n.
•
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uncontested hearings, and other issues related to this
project.
Provided, however, if the City participates in a
contested case proceeding at the PUC relating to
transmission service or any other matter, a separate I
contract will be required. f
I
2. To consult with the City Manager, Executive Director for
Utilities, the Director of Electric Utilities, the City
Attorney and the other designated administrative
personnel regarding any and all aspects of the special I
services to be performed, including legal research and
advice with respect to such matters. This will include
coordinating with the Executive Director for Utilities,
the Director of Electric Utilities, the City Attorney
and their staff to efficiently perform the services
required and to preserve the Attorney/Client privilege,
work product, and all other applicable exceptions to the
discovery of documents produced under the Scope of
Services.
B. The Consultant shall perform all the services required in
a timely fashion, and shall complete same in compliance
with schedules established by the City through its Execu-
tive Director for Utilities, as appropriate to carry out
the terms and conditions of this Agreement.
II. Terai This Agreement shall be for a term of twelve (12)
months, beginning effective September 1, 1997 and ending August 31,
1996. This Agreement may be sooner terminated in accordance with
the provisions hereof. Time is of the essence of this Agreement,
and the Consultant shall make all reasonable efforts to complete
the services set forth herein as expeditiously as possible during
the term of this Agreement, and to meet the schedules established
by the City, through its Executive Director for Utilities or as the
progress of this matter through mediation, meetings with the PUC
and/or PUC staff, may require.
III. Coms_satioa and Xothod of Parmts
A. The Consultant shall charge the following fees for its profes-
sional services hereunder, based on the following hourly
billing rates for the attorneys and support staff involved in
• this matter; _ • •
Hourly Estimated
Staff Rate Hours
Lambeth Townsend 180.00
Law Clerk 75.00
Paralegal 75.00
S
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Consultant agrees that all charges for the legal services
hereunder, not including expenses, shall not exceed $5,000.00.
The parties agree that in the event the city participates in a
contested case proceeding at the PUC relating to transmission
service or any other matter, that Consultant requires that a
separate Contract for Professional Legal Services be entered
into, and that the limitation on charges for legal services and
expenses contained in this Agreement, shall not apply.
B. The Consultant shall have the employees and attorneys listed in
Section III-A above, devote the amount of time to this matter
as shown therein, but will try to reduce costs by utilizing
qualified principals, associates, and legal assistants wherever
possible. The Consultant shall bill the City through the
submission of itemized invoices, statements, and other documen-
tation, together with support data indicating the progress of
the work and the services performed on the basis of monthly
statements showing hourly rates indicating who performed the
work, what type of work was done, and descriptions and/or
details of all services rendered, along with specific descrip-
tion and supporting documentation, if available, respectir7 any
reasonable and necessary out-of-pocket expenses incurred.
C. Additionally, the City shall either pay directly or reimburse
the Consultant, as the case may be, for reasonable and neces-
sary actual out-of-pocket expenses, including but not limited
to, long-distance telephone, telecopier, reproduction, postage,
overnight courier, and travel. All copies will be charged at
the rate of ten cents ($.10) per copy for copies made within
consultant's offices, with as much photocopying as possible
being done by outside vendors at bulk rates or by the City to
reduce costs if bulk copying is necessary. The parties agree
that the charges for outgoing telecopier from Consultant shall
be $.25 per page and that there will be no charge by Consul-
tant for incoming telecopier. Consultant agrees that all
charges for reasonable and necessary out-of-pocket expenses
shall not exceed $10,000.00. {
D. Upon completion of all services for a particular issue or
transaction, the City shall make payment to the consultant
within thirty (30) days of the satisfactory completion of
services and receipt of an itemized invoice or statement. The
parties anticipate invoices or statements for services will be
generated on a monthly basis and that said invoices or state- f
ments will be sent on or about the 15th day of each month. All
reimbursable expenses, including but not necessarily limited to
travel, lodging, and meals shall be paid at the actual cost,
pursuant to the terms, conditions, and limitations hereinabove j
set forth. All invoices and bills shall be approved by the
Executive Director for Utilities and the City Attorney. F
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E. It is understood that the Consultant shall work under the
coordination and general supervision of the Executive Director
for Utilities and the City Attorney.
F. All notices, invoices, and payment shall be made in writing and
may be given by personal delivery or by mail. Notices,
invoices, and payments sent by mail shall be addressed respect-
fully, to: Herbert L. Prouty, City Attorney, 215 E. McKinney,
Denton, Texas 76201; or to Lambeth Townsend, Lloyd/Gosselink,
111 Congress Avenue, Suite 1800, Austin, Texas 78701. When so
addressed, the notice, invoice, and/or payment shall be deemed
given upon deposit in the United States Mail, postage prepaid.
In all other instances, notices, invoices, and/or payments
shall be deemed given at the time of actual delivery. Changes
may be made in the names and addresses of the responsible
person or office to whom notices, invoices, and/or payments are
to be sent, provided reasonable notice is given.
IV. profasaioaAj comotencvi
A, The Consultant agrees that in the performance of these profes-
sional services, Consultant shall be responsible to the level
of competency and shall use the same degree of skill and care
presently maintained by other practicing professionals perform-
ing the same or similar types of work. For the purpose of this
Agreement, the key person who will be performing most of the
work hereunder shall be Lambeth Townsend. However, nothing
herein shall limit Consultant from using other qualified and
competent members of their firm to perfo_m the services
required herein.
h
B. Pleadings, motions, orders, notices, instruments, discovery
documents, reports, and other legal documents prepared or
obtained under the terms of this Agreement are instruments of
service and the City shall retain ownership and a property
interest therein. If this Agreement is terminated at any time
for any reason prior to payment to the consultant for work
under this Agreement, all such documents prepared or obtained
under the terms of the Agreement shall upon termination be
delivered to and become the property of the City upon request
and without restriction on their use or further compensation to 1
the Consultant.
! V. Iltablla~,e~"F ae3d Kaintanaace of Recorder Full and
l
accurate records shall be maintained by the Consultant at its place
• of business with respect to all matters covered by this Agreement. - • a
Such records shall be maintained for a period of at least three
years after receipt of final payment under this Agreement.
VI. )Ludi and Inmoactione At any time during normal business
hours and upon reasonable notice to the Consultant, there shall be
Page 4 f
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made available to the city all of the Consultant's records with
respect to all matters covered by this Agreement. The Consultant
shall permit the City to audit, examine, and make excepts or
transcripts from such records, and to make audits of contracts,
invoices, materials, and other data relating to all matters covered
by this Agreement.
VII. Acco=lishzent of Prolectl The Consultant shall
commence, carry on, and complete any and all projects with all
practicable dispatch; in a sound, economical and efficient matter;
and, in accordance with the provisions hereof and all applicable
laws. In accomplishing the projects, the Consultants shall take
such steps as are appropriate to insure that the work involved is
properly coordinated with related work being carried on in the
City.
VIII. Inds l tv and Indsn~dent Contractor Relctionshiva
A. The Consultant shall perform all services as an independent
contractor not under the direct supervision and control of the
city. Nothing herein shall be construed as creating a rela-
tionship of employer and employee between the parties. the
City and Consultant agree to cooperate in the defense of any
claims, action, suit, or proceeding of any kind brought by a
third party which may result from or directly or indirectly
arise from any negligence and/or errors or omissions on the
part of the consultant or from any breach of the Consultant's
obligations under this Agreement. In the event of any litiga-
tion or claim under this Agreement in which Consultant is
joined as a party, Consultant shall provide suitable counsel to
defend City and Consultant against such claim, provided the
Consultant shall have the right to proceed with the competent
counsel of its own choosing. The Consultant agrees to defend,
indemnify and hold harmless the City and all of its officers,
agents, servants, and employees against any and all such claims j
to the extent of coverage by Consultant's professional liabili-
ty policy. The Consultant agrees to pay all expenses, includ-
ing but not limited to attorney's fees, and satisfy all
judgments which may be incurred or rendered against the
Consultant's professional liability insurance policy. Nothing
herein constitutes a waiver of any rights or remedies the City
may have to pursue under either law or equity, including,
j without limitation, a cause of action for specific performance
or for damages, a loss to the City, resulting from Consultant's
negligent errors or omissions, or breach of contract, and all
• such rights and remedies are expressly reserved.
J B. Consultant shall maintain and shall be caused to be in force at
all times during the term of this Agreement, a legally binding
policy of professional liability insurance, listed by Beat
Rated Carriers, with a rating of 'A-' or above, issued by an
Page 5
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insurance carrier approved to do business in Texas by the State
Insurance Commission. Such coverage shall cover any claim
hereunder occasioned by the Consultant's negligent professional
act and/or error or omission, in an amount not less than
$1,000,000 combined single limit coverage occurrence. In the
event of change or cancellation of the policy by the insurer,
the Consultant hereby covenants to forewith advise the City
thereof; and in such event, the Consultant shall, prior to the
effective date of change or cancellation, serve substitute
policies furnishing the same coverage. The Consultant shall
provide a copy of such policy or the declarations page of the
policy, whichever is reasonably satisfactory, to the City
through its Executive
Director for Public Utilities simultaneously with the execution
of this Agreement.
IX. Tarninatioa of Aarsamsntc i
A. In connection with the work outlined in this Agreement, it is
agreed and fully understood by the Consultant that the City may
cancel or indefinitely suspend further work hereunder or
terminate this Agreement at any time upon written notice to
Consultant, Consultant shall cease all work and labor being
performed under this Agreement. Consultant may terminate this
Agreement by giving the City fifteen (15) days written notice
that Consultant is no longer in a position to continue repre-
senting the City. Consultant shall invoice the City for all
work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement. All reports and
other documents, or data, or work related to the project shall
become the property of the City upon termination of this
Agreement. 4
H. This Agreement may be terminated in whole or in part, in
writing, by either party in the event of substantial failure by
the other party to fulfill its obligations under this Agreement
through no fault of the terminating party. Provided, however,
that no such termination may be affected, unless the other j
party is given (1) written notice (delivered by certified mail,
• return receipt request) of intent to terminate, and not less
than thirty (30) calendar days to cure the failure; and, (2) an i
opportunity for consultation with the terminating party prior
to termination.
C. Nothing contained herein or elsewhere in this Agreement shall
require the City to pay for any work which is unsatisfactory or - • •
which is not submitted in compliance with the terms of this
Agreement.
X. Alt~raate Dirouta Ree42utione The Consultant agrees that,
if necessary, it will use its best efforts to resolve any disputes
Page 6
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regarding the Agreement through the use of mediation or other forms
of alternate dispute resolution set forth in Chapter 154 of the
Texas ::ivil Practices and Remedies Code (V.A.T.C.S.).
XI. Bntir• Ayrlazantj This Agreement represents the entire
agreement and understanding between the parties and any negotia-
tions, proposals, or oral agreements are intended to be integrated k
herein and to be superseded by this written Agreement. Any
supplement or amendment to this Agreement to be effective shall be
in writing and signed by the City and the Consultant.
XII. Coeoliance with LaMms The Consultant shall comply with
all federal, state, local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or
hereafter be amended, including but not limited to the Texas
Disciplinary Rules of Professional Conduct.
XIII. Governing LAW For the purpose of determining place of
agreement and law governing same, this Agreement is entered into in
the City and County of Denton, State of Texas, and shall be
governed by the laws of the State of Texas. Venue and jurisdiction
of any suit or cause of action arising under or in connection with
this Agreement shall be exclusively in a court of competent
jurisdiction sitting in Denton County.
XIV. Discrimination Probibiteds In performing the services
required hereunder, the Consultant uhall not discrim.'.nate against
any person on the basis of race, color, religion, sex, national
origin or ancestry, age, or physical handicap.
XV. peraonnalt
A. The Agreement to the Consultant represents that it has or
will secure at its own expense all personnel required to
perform all the services required under this Agreement.
Such personnel shall not be employees or have any contrac-
tual relations with the City. Consultant shall inform the
City of any conflict of interest or potential conflict of
• interest that may arise during the term of this Agreement,
in accordance with Consultant's responsibilities under the
Texas Disciplinary Rules of Professional Conduct.
B. All services required hereunder will be performed by the
Consultant or under its direct supervision. All personnel
engaged in work shall be qualified and shall be authorized
or permitted under state and local laws to perform such
services. •
XVI. Apaicnabilitvs The Consultant shall not assign any
interest in this Agreement and shall not transfer any interest in
this Agreement (whether by assignment, novation, or otherwise)
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without the prior written consent of the City thereto. f
XVII. agverabilitvt All agreements and covenants contained
herein are severable, and in the event any of them, with the
exception of those contained in sections headed "scope of servic-
es", "Independent Contractor Relationship", and 'Compensation and
Method of Payment" hereof, shall be held to be invalid by any court
of competent jurisdiction, this Agreement shall be interpreted as
though such invalid agreements or covenants were not contained
herein.
XVIII. Reenonsibiliti•s for CLi~ -and GiehIlitve Approval by
the city shall not constitute nor be deemed a release of the
responsibility and liability of the Consultant for the accuracy and
competency of its work; nor shall such approval be deemed to be an
assumption of such responsibility of the City for any defect in any
report or other documents prepared by the consultant, its employ-
ees, officers, agents and consultants.
XIX. Modification of Aareen=tj No waiver or modification of
this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and duly executed by the
party to be charged therewith, and no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting
this Agreement, or the rights or obligations of the parties
hereunder, unless such waiver or modification is in writing, duly
executed as aforesaid; and, the parties further agree that the
provisions of this section will not be waived as herein set forth.
XX. CaRtione: The captions of this Agreement are for informa-
tional purposes only and shall not in any way affect the substan-
tive terms or conditions of this Agreement.
XXI. Siudina Effects This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, legal representatives, succes-
sors, and assigns where permitted by this Agreement.
•
IN WrTNESS HEREOF, the City of Denton, Texas has caused this /
Agreement to be executed by its duly authorized City Manager and
Consultant has executed this Agreement through its duly authorized
s undersigned officer, dated this the _ day of
1997.
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CITY OF DENTON
BY:
TED BENAVIDES, CITY MANAGER „
ATTEST:
JENNIFER HALTERS, CITY SECRETARY
F
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: j,
LLOYD, GOSSELINK, FOWLER, BLEVINS
& MATHEWS, P.C.
A Texas Professional Corporation
i
BY:
LAMBETH TOWNSEND
i
ATTEST: s
BY:
i ,
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CM OFDEIYTON, TM9 MUNICIPAL&XMNG ~ DENTON, TEXAS 7820} ~ TELEPHOW817.568$309
Oft* of ft City Secretary
} MEMORANDUM
DATE. September 12, 1997
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: BOARD/COMMISSION APPOINTMENTS
The following is a list of current Board/Commission vacancies/
nominations: - ,
Animal Shelter Advisory Board - Nonie Kull will not be able to j
serve. This is a nomination for Council Member Young.
If you require any further information, please let me know.
Jan er Wa ere
Cit• egret try
ACCOOOr4
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Tfdiml/Q IO QYQ&y SIIY{Cf"
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Aplnda f4o._ _v,rt
Apenrla Item
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a/ 20001 t..a 14wrrawft clot aw"
Gana t2021626-~Ox rn hn rvolioo
August 12, 1997 rac (2102) 624-)043 w.~~F~
f•evd ft,
MEMORANDUM clr 'AM"^'
morn. SO& to no,"
r.r..,, 1tia•r l.r.wr
To: City Clerks of f beer, Member Cities rwq.ra lrrrlN
From: Donald J. Borut, Executive Dir (e `orw ~ '
Subject: Voting and Alternate Voting De egates, Annual Congress of Cities.
December 3-6, 1997, Philadelphia, Pennsylvania
Tie National League of Citics' Annual Business meeting will be heid'al 2:00 p.m. on Saturday, December
G, 1997 al the Congress of cities in Philadelphia. Under the Bylaws of the National League of Cities,
each direct member city is entitled to cast from one to 20 votes, depending upon the city's population,
through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of
this memorandum shows the breakdown of votes by population categories. 1
To be eligible to cast the city's vote(s), exh voting delegate and altemate voting delegate must be f
designated by the city using the attached form which will be forwarded to NLCs Credentials Committee. If
N_LC'- =yt_wt expressly rahlUt volinv by oroYV. Thus, the designated voting delegates must be
present at the Annual Business Meeting to cast the city's vote(s).
i
To establish your credentials and to ensure your voting delegate(s) receive proposed Nationai Municipal
1 ,li amendments and proposed resolutions prior to the Congress of Cities, we ask that you tctum the
1 V Y copy of the completed form to NLC on or before October 3,1997. A pre-addressed envelope is
attached. Upon receipt of these narnes, NLC will send each voting and alternate voting delegate a set of
instructions on registration and rules governing the conduct of the Annual Business Meeting,
Plcuce forward the bl" copy of the credential form to your state league office and keep the WLMEi
co for your records. For your assistance, a list of the state kagues is enclosed.
• If you have any questions, please contact Lesk y-Ann Rennie at (202) 626.3176.
r
cc: Executive Directors, State Municipal Leagues
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a~i y.,rr nnrnriw t~ a+rR ft l
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NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESS OF CITIES
Number of Votes - Direct Rember Cities
Ankle IV, Section 2 of NWs Bylaws specifies as follows the number of votes which each member city
of the NaHorwl League of Cities is entitkd to cast at the Annual Congress of Cities:
Under 50,000 1 vote
30,000 - 99,999 2 votes
100,000 - 199,999 4 votes
200,000 6 votes
300,000 - 399,999 8 votes
400,000 - 499,999 10 votes
300,100 - 399,000 12 votes
600,000 14 votes
700,000 - 799,000 16 votes
800,000 18 votes
900,010 and above 20 votes I,
Now Member cities are required by the Bylaws to cast unanimous votes.
f
'v.+ ( YP'. , a9 , r }Rib7 ry ?a ri 5. K':
♦r , ' P ~t~£ti ~Y+[ i[rl. 1~at •1 i e j Lq~Ni?l
re
Denton City Council
September 23rd, 1997 Work Session
Notebook Materials
regarding
Draft Amendments
to
Chapter 33 of the Denton City Code
"Slpns and Adverfisina Devices
ftpbw N1
. City of Deatort 0
Pfannkrp and Davafopirr" Departmen!
r{~E r4 r~ Sh . 41
4';u'~~1~.(+1i ^
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PLANNING STAFF REPORT
DATE: September 19^,1997
TO. Denton City Couna Members
M. Ted Benavides, City Manager
FROM: David Hill, Planning and Developmenl Drredd
SUBJECT: DRAFT AMENOMENTSTOCHAPTER 33 AFTH CYYCODE:
"SIGNS AND ADVERTISING DEVICES"
ACTION REQUESTED,
At the request of City Council members, Flanning staff has prepared a draft ordinanea amending
Chapter 33 of be City Code, 'Signs and Advertising Devices,' The draft ordinance Is intended lo
make Use following changes.
1, Definitions of 'oflpremJses sign', 'ors-MrWses sign', and 'sign' were revised to reflect
actual language contained in state law to avoid potential interpretive ambgu(ties.
2. New off-premises signs and portable signs are prohibited within the Cily of Donlon
corporate units and extratenritodal jurisdiction. Portable signs are currently prohibited
within the dly's corporate limits only.
3. A city sign control board Is created to facilitate the removal of oft-premises and
portable signs. The sign control board would follow state-prescribed procedrxes to
determine Use compensation amount required for removal, The board would not have
the power to choose signs to be removed, nor would it have any funding aul ority,
4. Requirements are clarified regarding the preparation of cost estimates used to
determine 9 existing off-premises signs can be repaired or removed. The
amendments describe minimum information requirements that would enable city staff
to evaluate repair applications property.
5, Temporary signs, which advertise events that have not yet o=rred, are yrrxled b a
one-year display period, even If the advertised event has not taken place. A variance
requesting a time extension can be requested. Temporary signs do not require
permits or permit fees.
• Staff has revised the draft ordnance after the Planning and Zoning Comrniaslon convicted Ita
review. To avoid potential Interpretive questions, Section 33.10.(a) was changed, ailowlrg the alga
control board to conduct activities related to the removal and compensation of offixombas end
portable signs only. On-premises signs are now explicitly Identified as ineligible for board
consideration, Also, Sections 33.11.(a) and 33.l i.(c) required the removal of a sign no later than
ten (10) days after notice that compensation funding Is available. Ws time period Is now been set
at thirty (30) days at the request of the PbZ Commissioners, wits support from staff (see P&Z
• Recommendation #3, next page). •
City staff was asked to prepare amendments to the sign ordnance, at 9se general direction of City
Council members. Lacking specific instructions, staff prepared a draft ordiinance that regulated off.
premises signs to the extent permitted by sta',o and (Worst W. The regulations adopted by the
cities of Austin and Fort Worth were used as models to develop the Denton draft ordinance,
y_, a
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SCHEDLVL
The City Planning and Zoning Conurksfon conducted an August 27x,1997 work session and a
September 10*, 1997 public ;Searing for Bne purpose of making recorrmendabora to the City
Counc~ regarding the draft sign ordnance amendments. The amendments are now scheduled for
discussion at the September 23rd, 1997 City Councl work session. Pending City CounA
Instructions at the work session, staff Is prepared to scheduie a public hearing for the Ocbber 701,
1997 regular meeting.
PLANNING AND ZONING CgMMISSION RECCOMMENDATIONS
After its September 1001, 1991 public hearing, the City Planning and Zoning Commission elected b
conduct five separate votes for recommendation to City Courd. Six of seven P3Z Cornmissbners
were present. The voting was tar*d as foba:
Section 33.2, Definitions of basic terms to conform to stale regulatory language.
PAZ Recommendation #I' Approval, 64.
section 334. Adds off-premises signs to hst of prohibited signs.
Section 3391. Minor definition change; also adds off-premises signs to
nonconforming status.
Section 33-93, Registration procedures for nonconforming portable and off-premises
Section 33166. P bition of portable or off-premises signs with effective date.
Section 33167.1 Establishment of the differences In lawful nonconformity dates
between portable sign and oft-premises signs,
P8Z Recommen etlon 02: No recommondstlon, 3.3.
Sedans 33.9.•11. Sign control board creation, reference 1o stale law, and removal I
compensation procedures.
PU RecommendatW #3: Approval, 4.2, provided Section 334 Is sdophd, and
provided a sign owner Is given 30 days (rather than 10 days as
per Sections 33.11.(&) end 33.1f.(c)) to amour a sign OW
compensation is available forpayment.
Section 3395. ClarifcaW of rules for prepari q off-premises sign rope estimales.
PU Rowmmendedon #4: Approve& 6.0.
Section 33-211. One (1) year time Iimita5m placed on the We of temporary signs.
JJ PdZRecommendad605: Delay action toaffowlurtherstudy,".
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CONCLUSIONS
Some of the speafx; concerns raised by PR members Included:
1. The amendment process should undergo the same committee process as the version adopted
in 1993. it was understood after the most recenl revision process tital tie regulations would be
left atone for a long time.
2. The business owwun'fty will suffer economic loss as a result of the protubitlon of signs, and
the city In genera) will appear to be hosti]e toward developers by adopting new restr,ctons,
1 The term 'scenic oomdors' should eppty to major highways and not the entire city and ETJ.
The fact that the tenn'scenk: corridors' was used during PU meetings was misleading,
4. State procedures that atkbw the creation of a s)yn control board gW too much power to an
appointed body, The City Council should not assign such powers, even If the state does not
allow much flexibility the enabling legislation that must be followed.
5. Taxpayers' money should not be used to remove billboards.
6. The advantages or disadvantages of a bil lboard ban are subjecWe and hard io quantify. Sane
say that billboards promote businesses, while others contend that better aeshtic quality along
highways attracts higher quality development.
7. Time limits on temporary signs may cause difficulties for real estate business is, and the
subject should be studied furttw before City Council takes action on this Item,
8. The presence of only a few Individuals at the PU public hearing, ati of whd opposed the
amendmenls, Indicates a lack of public interest in amending the sign ordinance.
Staff is prepared to oonduct any additional research requested by City Courofl members In
preparation for the October 7* public hearing.
REVIEW MATERIALS
• AN of the review materials prepared for the Planning and Zoning Comm Wm are 4toiuded in fhb
work session notebook. Other materials are included that were obtained during research
requested by the Flaming and Zonkg Commission. The documents ars listed kndMduaty in the
Work Sesslon Notebook's Tab) of Contents.
J
• ~ ((,,..,.....ter ~ ' - y~~ '
Denton City Council
September 23rd, 1997 Work Session _
Draft Amendments to Chapter 33 of the Denton City Code
"Signs and Advertising Devices"
Notebook Materials
TABLE OF CONTENTS
Tab 41 Draft Amendments to Chapter 33 of the City of Renton Code;
'Stns and Advertising Devices'
Tab #2 Chapter 33 of the City of Denton Code;
'Signs and Advertising Devices' (last mayor revisions - March 2nd, 1993)
Tab #3 Texas Local Government Code, Chapter 218;
'Regulation of Signs by Munlclpalities'
Tab #4 1965 National Highway Beautification Act, Public Law 69-285
Tab #5 August 27th, 1997 and September 100, 1997 Planning Staff Reports
Tab #6 P&Z Work Session Minutes - August 27^,1997
P&Z Public Hearing Transcript I Written Comments - September 100,
1997
1
Tab #7 Various PubGcat+ons: Prohibition of Off-Premises Signs
•
Tab #8 Various Publications: Compensation and Removal of Signs
Tab 09 Various Publications: Taxation of O#-Premises Signs
• Tab #10 City of Fort Worth Sign Ordinance Amendments, Adopted July 1997 ti, •
Tab #11 City of Austin Sign Ordinance Amendments, Adopted June 1990
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND
ADVERTISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
RELATING TO THE PROHIBITION OF OFF-PREMISES SIGNS WITHIN THE CITY OF
DENTON AND BOTH OFF-PREMISES SIGNS AND PORTABLE SIGNS WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND AMENDING
REGULATIONS APPLICABLE TO TEMPORARY AND NONCONFORMING SIGNS;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS;
SECTION I. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is
hereby amended by revising the definitions of the terms o -Mmises slg», opWemises sign, and sigh
in Section 33-2 entitled "Definitions" by defludng such temp to read as follows:
Sec. 334. Definitions.
C 0, f-prentims sign means my ism advemsin
netw Om . a sign displaying advertising copy that Pertains to a business,
person, organization, aa;rity, event, place, service, or product not PdrK+P&Dy located or Vimart7y
manufactured or sold on the prern isa on which the sign is located.
On premiss sign means
serviees a
freestanding sign identifying or advertising a bu mess, person` or activity, and installed and maintained
on the same prerises as the business, person, or activity. A sign which promotes or displays a political,
religious or WeologU thought, belied opinion or other nonoonrrnrcial message &W be considered an
on-premises sign.
? Sign means arrJ•,r €aee; rrrteria~
• with-eF wWMI dro a"
outdoor structure, sign, display, light deviv., figure, painting, drawing, message, piaque, Poster,
billboard, or other thing that is designed, intended, or used to advertise or inform. "Ono sngrr" or "a
sign" mearss any number of sigrss located on or supported by a single or cornmov supporting structure,
i
SECTION That Chapter 33 "Sips and Advertising Devices" of the Code of Ordinances is
• , hereby amended by adding a subsectiat (12) of Section 33.4 entitled "Certain prohibited sign to read • •
J as follows:
Sec. 33-4. Certain prohibited algos.
It shall be unlawful for any person to erect, install, eonstn4 display, maintain; recotutnxt, Alta,
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locate, relocate or make use of any of the fbUowing signs for advertising Purposes:
[See text of subsections (1) - (11) in existing ord'utana)
(12) Off-MmIses airr, m off-Plc6sa ~W whkh i notaPtPPC& registered reonconformirtQ
otl•Damis s s = m proNided for in this C.t'.a-^!eL
SECDON 111, That Chapter 33 "Signs and Advcr is rg Dmoe of the Code of Ordinances is
hereby amepded by adding Sections 33-9 through 33.11 to read as follows:
5. 3, 3-9 Sign Control Board-
Lail The Sign Control Bo rd is rreMed to exercise he Vpwerjpidnt d~Mdff 5 33-10
( The Sian CQntrol Boyd shall consist gf fty persc ;s #Min1ed by the Altyor Metrtb~ ^
Sisa Control _ha be for a term of tyro xm mQc% that the Mavot shall
nvmbm of the WW Boyd t , se-" of:ysm team. &M rnCfnbGf sh=n i1C'~'C L~ntL his or her
e coz= is VgjEged $W &d.
( .u,im~s~ 6v rursorts with the foLr inQaedaxitb:
(utm rW essWe A=gse eKh of wi- mud be a nxmbet in good standi" of t►
ns&gHr .m-t*Al~,plofadwd appl$i,,. , W6or tads Cttll~i t1or1 M has W
established code of ctbk a k= d W prgSum L^d MflfeiQMl~t r tt
(2) opc oem engaged in the ~2n t ir+ess in tt z
(3) one employ, of the T"m Ikagm of Trangplaion who is fim+7un with real mate
:ahwt ons in erttina domfi'm p os!fdtttys: lrld
(4) ape arch ted or la-ndgAK ar&ect hcttLWk date
• (d} Apr of the Sips
fnr on t - ciQ~+ [ nr~hol Boyd.
1
(a) The SiQ„ Control Board AM have Wrisdiaion over off-premises and 02tuwe ,tan3 only,
• Control ef to det ne the am w Qf • •
ccomg&r m ion to which the owner of a sign is emitled to be did thq City if removal of the
stain is r_ea)jired under Sep 33.11.
(c) Them on rol Bo Td y detetmi the count of compmmrion to be paid to the OSYItu
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of a sign undo sub~ion (a) only after Puiq hcAdna to R1^~^"• the owner of the Iflo an
op2wudly to be heard r,'th respeet to he imes involved in such determinarion. Notice of
Ry1+1ic !x~~il~ " eiven in acrardancs wit the reautru=ts of subsection Old
33-Uc), C&W that notic' o t~nublic hearing is rtgui*ed to onhv to the owner of
the sal d sign.
(Q) The Siga Control Bard may establish ales sroc~ures and cuMS consistent with this
Ar+ienpi~able law (e.Y_, T~4sy~OV'T CODE ch. 2161 as it deems noommLW
exercise its Dower under this section
(c) A decision of the Sign on(M BOMA under this ssctmn may not b~fADt~ed to the Cjty
Couwfl, As Smided by slate law. distdct court by filia&
v_a:A~ petition with the couQ ~th'n ) days get t date of the decision is rendmik the
5ijajQq1t4 Board,
5SSa33,-1l, EWuirtd mneyd o(o(F2=ba dSo and_t dnL
(a) The owner of in Offi-Rcernises signor of a port~ie siap s,>,.n oernL^ h rartove L1 t aintt no later
t sn fljW (30) days after notice that the tb[npeSL~1lon
under ces 33-10 is av&Wk for navmetd and will be oaid_1,mn removal of the sietl aeon
smisfact= proof to the Building O ici_t tW N sign has bee =vvva Q=MHtton dull
MW to owrxr in accordance with the mdhod;
M The riot ct reQWr d under eksoci, (a) I W be gig to he mm of the 60 M "M to Sec
DA)O= of the 11msm
33-121 a.Rer the City t'n,nr;~ has y~ehcxi~ed
3310 and the Wht,d_ of c mbbii, of mett-hod& by wNd the ~,,,,~t as;rv, .t,atl be rnaAe in
ac da.M1cc with date law rTFX t DC GOY'T CODE §216008 AND 6216.410.)
(@) The owner of a lima to wbom notice is given n& •k& n (a) is &Wlrv of a Cbm C e"""
rnisderna v of'f'ense if the owner fa or refuses to remove a Am mWiNd to be remavsd=uadz
~i e) no L•ter t •n flirty {Z) days after notice ~ siven.
SECTION IY. That Chapter 33 "Signs and Advertising Dev ccC of the Code of Ordinances is
• hereby amended by adding a subsection (4) to Section 33.91 of Article M "Nonconforming Signs" to
read as follows:
Sea 33-91. Definition.
A sign, indud'ing its supporting gn.Kture, shall be considered noncordorffft whert it does rat
• conform to ell or pan of the provision of this chapter applicable thereto, is not a elates 11'~4ia01 sign • •
and:
(See te•ct of (1) - (3) of existing ord'inancel
01 -1Vu in eximenm jad L M lo Wed W used as an off ji13~1.1~ g1QL^it tion nir~r+~ to Seg. 4
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33-182 ^n c)ctober 1997.
SECTION Y That Chapter 33 "Signs and Advertising Dever" of the Code of OrdinarvAs is
hereby amerded by revising Section 33-93 entitled "Registration of rartcMNTning poRablo sigr'C to
read as follows:
Sm 33-93, Rt&ratW of aoocoisformfaf portable And-ARVIDIM sue'
On or after June 1, 1989, it shell be urrawful for any person to mai.-nt& any portable sign
:A ~ p~~ 1997 it shag be srnlawful for amp
sign on arty promises iixa""ts d„`t boLh ,
- L . nr,rrrrir ' t v+iaion of the Crtv of Dc= without having a valid
registration tag affixed thereto as required in this section as follows.
(1) Appharriorc To register a nonconforming portable alft=[M sigt ApPkAdon shall be trade
to the building otTscial on fomu proMed for that purposes The apOcation sxlsatl be accompanied
by the payment of the applicable fee, as established by the City Council and on file in the ofte of
the city secretary, and shall contain the name and address of the owner of the sigrti the exact
location of the sign, the date of pkemsent and arty other information reasonably W &M by the
C buildingoflidal.
(2) lss7ixxv of regiurarlam krg. If the building official detemnines that the portable sign QI Qff
qmi~,M sign is a lawf k norsoonfotrning portabk Qi9ff J?fSdri1ffis he shall issue a registration
tag to the applicant, The owner of the sign shad cause the tag to be affixed in a oot>spiouous plan
on the costtsponding portable or oMIK sign registered.
(3) Remotivd or deshVtd signs, Any owtscr who removes or causes the removal of any validly
registered nonconfom*g portable of off met QO sign fTona any aan'ses shA within five (S)
business days of its removal, report the removal to the building official
(4) hnmlldaHLvr of regisaaion. The building ~ shah invalidate any registration tag for a
nonconforming Port" ~z=iga sign
a. It is removed from the premises for any reason;
b. It has been damaged or destroyed so as to lose its nonconforming 4LQffpi==' status as
provided in this chapter,
c. It has become an abandoned sign
ILMUSL That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinenoa is
hereby amended by revising Section 33.93 entitled "Destruction; repair" to rod as follows: •
J Sec.33-95. Destruction; repair.
C (a) Any noncordbrming portsble, attached or ground signs, including its suppottusg structure, Which is
blowmy damaged, dilapidated, or deteriorated,
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rig= other than rrgnterw.egatiom of for d n ing the loem Z"'t' s or other matter M
the s' shall not be replaced, repaired, or renovated, in whale or in part, if the cast of such
replacemerd, repair, or renovation is in excess of sixty percem (60°/.) of the cost of gjQf" a new
sign of the Sam type at the %M QQtion including its supporting structure, urJew such aheration
or repair makes the sign conforming. No person shall repair, renovate or aher a nonconfotminB
sign without first receiving a sign permit.
(b) The building official may, wha ver he deans necessary to reasonably determine the applicabilitY
of subsection (a) of this section, require the owner of the nonconforming sign to submit two (2) or
more bdepaident estimates Eom esiabWW sign companies of the cost of replaang, repairing or
renovating, in whale oc in part, the existing noncodmrniing sign and two (2) or more irdepedent
estimates from established sign eompan es of the reproduction cost of g a new sign DLIM
same tune a1 the same location inchr 4 its supporting structures.
(c) The estimate ijed .}..n limn 0) shall be hu_W on the costs for mew MjcdAh for both the
aeon to be rtso" wW the new si,m, Alsg~ ft estimate sham reflect the reas+sar+ bk and astOntaDf
rna4a 1r1 Lhe in;~1Qrv for (u.t~d~'gy of Iiblaii: a;~.4gtrilxna►t to ttte_ ,ten f r~;~~ and ,
(2) t , cost of ab+ for each pbax cn corot xd
(d) No sign or supporting suucttre which is lawfiul}y reproduced, repaired or renovated as a
rwncorforming sign shall be in rcased in effective area or height.
$ECTTON VII. That Chapter 33 "Signs and Advertising Devicex" of the Code of Ordinances is
hereby arrerded by revising Division 2 entitled "Portable Signs" and Sc.n~ 33-166 through 33-
167,1 of such division to read as fb8m:
DIVISION 2. PORTABLE AND OFF-PREMISES SIGNS
See. 33-166. Prohibited
It shall be unlawftd for any person to display, maintain, erect, place or relocate army portable g
olT-plerytiSei sign on any premises
City of Denton that is not a registered portable oLOff-_ naiin sign No new sign Moils shall
n ..a.►. r~ 'orieliuri Lien
• i e fQIDon I of offipieausessigm °`i_ the
,
of th i of Denton ham and after October -.W.
Sec. 33-167. lawful nonconformity.
(See text in adsting ordinance)
Sec. 33-167.1. Lawful nonconformity from October J W.
C Any portable sign lawfully existing heat am rxrrni_~s ' ~+n s aerataritOtia~iutisdi
Won Odgber 1997, and am off-inerrim ~ .II;"'" tmv oram$aes with the
cQ=me Units ■M extraterdt jurJlak"[h of the ('qty of Denton b9&M WOW 1947, in
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accofdancc with the pigs awns of AM PdQ1 '"'finer C sh be anoWtd to Znd_'n- err
W=fficias M1s►*'.3-or-offsso sigm if l e?igemd d^~ cotr~~!•w ~ntained m
-=dmce with the vroAjkm of Lhi • ~
SECTION VIII. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordkwxa
is hereby amended by repealing subsection (Sxa) entitled "Off-premises sign" of Section 33-182 since
newly amended Section 33.166 protuV s such signs.
SECTION IX_ That Chapter "Signs and Advertising Devices" of the Code of Ordinances is
hereby amended by adding a abaction (5) to Seaton 33-211 aititled 'emporary sie' to read as
follows:
See. 33.211. Temporarysign.
A temporary sign shall be considered a ground sign and shall be permitted only according to
the standards for ground signs except that a temporary sign not larger than thirty-two (32) square feet
in effective area need not be permitted if
[See text In existing ordinance for subsections (1) - (4))
C (5) TerrtoormJt6w shall be removed or cease to be dial UW after one 5'!8L if the even beans
envn mind ed r advertised has not omund miEla ¢OOd ri,w .Maus to srartt a vanar>ce
!or ao~n y~dlr ext~tio~ eurwud to Sec. 336(d).
SECTION X That my person violating any provisan of this or&u= shag, upon conviction,
be fined a sun not exceeding $2000.00. Each day that a provision of this ord'irnance is violated shall
constitute a separate and distinct offerse.
SECTION XI. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or appGation thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denson, Texas hereby declares it
0 would have enacted such remaining portions despite any such vahd'ity.
SECTION XII. That save and except as ismended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances f
shall remain in full force and effect.
0 SECTION XIIL That this ordinance sUI become effective immediately upon its passage
and approval. •
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PASSED ANn APPROVED this the day of .1997.
JACK MILLER, MAYOR
ATTEST:
t JENMFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
C BY:
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L OOMRMIGN ORMNAMM
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Chapter 33
SIGNS AND ADVERTISING DEVIC"*
F
i
Art. 1, In General, 46 33.1-33.35
Art, II. Licenses and Permits, 66 33'38-33.90
Div, 1. Generally, 66 33-36-33-45
Div, 2. Licensee, If 33-46-33.60 i
Div, S. Permits, 66 33.61-33.90
Art, M. Nonconforming Signs, 66 83.91-38.120
Art, nr. Removal of Unlawful Signs, It SS-121-83-145
Art, V. Technical Requirements, 66 $3'146-33.220
Div, 1. Generally, 66 33.146-33.165
Div, 2, Portable Signs, 66 33.166-33.180
Div, S. Regulation of Signs by Zoning Districts, 66 83.181-33.195
Div, 4. Attached Signs, 66 33196-38.210
Div, 6, Temporary Signs, 66 83.21143220
Art, VI. Illustrations, 96 83.921-83.260
Art, VII. Special Sign Districts, it 83.251-33.256
ARTICLE L IN GENERAL
sec, 33.1. Purpose and Intent,
(a) It is the purpose of this chapter to regulate the construction, reconstruction, erection,
installation, placement, relocation, maintenance, display, use, modification, alteration and
removal of private signs within the city,
(b) It is the intent of this chapter to regulate signs generally by classifying each sign
according to its dealgn and construction and by regulating, based on such classification, the
type, number, sire, height and setback of signs according to their location in the various toning
t
districts.
(c) It is also the intent and determination of the city council that the regulations in this
chapter be and are the ininimum necessary and least burdensome to amomplish the purposes
stated in this section,
• (Ord. No. 85.208, 6 2(App.13, Art, IMI.), 10.16.86; Ord, No. 93-029, 11, 3.2.93) f
a
Sec. 33.2. Definitions,
The following words, terms and phrases, when used In this chapter, shall have the mean. I
ings ascribed to them In this section, except where the cortW clearly Indicates a different
meaning: 1+ • •
'Cross references-View and passage obstructions at intersections, 118-196 at my
signs and other advertising devices in parks, 122-29; streets, sidewalks and public places, Ch,
25; buildings and building regulations generally, Ch. 28; toning generally, Ch. as,
State law reference-V.T.C.A., Local Government Code 1216.001 at seq.
Supt'. No. 2 2293
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D 33.2 DENTON CODE 1
Abandoned sign means a sign;
(1) Which, for at least six (6) continuous months, doosnot identifyoradvertise a bona fide
business, lessor, service, owner, product or activity,
(2) For which no legal owner can be found; or
(3) Whicb pertains to a time, event or purpose which no longer applies.
Advertising means to convey information to, eeek the attraction of or to direct the atten•
tion of the public to any location, event, person, activity, goods, services or merchandise.
Attacked sign means a sign, other than a wind device sign, attached to or supported by any
part of a building, including but not limited to a wall, roof, window, canopy, awning or
marquee. Wall, roof, and projecting signs shall be considered attached signs.
Curbline means an imaginary line drawn along and parallel to the outermost part or back
of the curb and gutter or, either side of a public street; or, if there is no curb and gutter, along
and parallel to the outermost portion of the paved street; or, if there is no paved street, along
and parallel to the outermost edge of the traveled portion of the street.
Department means the state department or highways and public transportation or its
successor agency.
Dilapidated or deteriorated sign means a sign: ~l
(l) Where any portion of the finished materiel, surface or message portion of the sign is ✓
visibly faded, flaked, broken oft, missing, cracked, splintered, defective or is otherwise
visibly deteriorated or in a state of disrepair so as not to substantially appear as it was
intended or designed to appear when originally constructed;
(2) Whose elements or the structural support or frame members are visibly bent, broken,
dented or torn, twisted, leaning or at angles other than those at which it was origi-
nally erected, such as may result from being blown or by the failure of a structural
support,
Front yard means an open, unoccupied space on a lot facing a street and extending across
the front of the lot between the side lot lines and from the main building line as specified for
the district in which it is located (the "building setback line").
• Ground sign means a sign, other than a mind device sign, whose principal support Is
provided by burying, anchoring or otherwise connecting the sign,
thereof, to the ground and which is not a portable sign or attachedsign~~ structure
Monument sign means a ground sign, other than s wind device sign, which is solid from
the ground up, and Is made of atone, concrete, metal, routed wood planks or beams, brick or
similar materials, The poles) or support of this sign shall be concealed. ~ • •
Off-premises sign means any •
serves not usually Imated on the pree nixeadvertising a s here the alp Is located or activity,
directs persons
0 to any premises other then where the sign is located,
Supp, No. J 2294 !i.
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SIGNS AND ADVERTISING DEVICES 633-2
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On-premises sign means any sign advertising the business, person, activity, goods, prod-
ucts or services primarily located, sold or offered for sale on the premises where the sign is
located. A sign which promotes or displays a political, religious or ideological thought, belief, t
opinion or other noncommercial message shall be considered an on-promises sign.
Portable sign means a sign whose principal supporting structure is intended, by design,
use or construction, to be used by resting upon the ground for support and which may be easily
moved or relocated for reuse. Portable signs shall include but not be limited to signs mounted t
upon or designed to be mounted upon a trailer, bench, wheeled carrier or other nonmotorired
mobile structure, with or without wheels, and A•frame and other similar signs, resting or
leaning on the ground or other structures, but not permanently attached thereto.
Premises means:
(1) For any developed property, the area of real property which encompasses all the
buildings, structures, appurtenances and land held under common ownership and
devoted to a common use, such as a shopping center; or
}
(2) For undeveloped property, the area of real property des!ynatei as a lot on a plat
approved in accordance with law and filed with the county clerk's office, or an un•
platted tract or land as conveyed by deed or operation of law and recorded in the deed ,
records of the county.
C Projecting sign means any sign, other than a wind device sign, which is wholly affixed to
or supported by any building wall and which extends beyond the building wall more than
twelve (12) inches.
Roof sign means any sign, other than a wind device sign, wholly erected on, affixed to, or
supported by a roof of a building.
Sign means any surface, material, or device visible from a public street and used for
advertising with or without the display of letters, words, characters, designs, pictures, or other
infoi oration. "One sign" or "a sign" means any number of signs located on or supported by a
single or common supporting structure.
Streets defined:
I
0 Loco:-A street whose sole purpose Is to provide access to abutting single-family or
two-family residential properties. It is designed to serve no more than five thousand
(5,000) vehicle trips per day, {
Collector-A street whose main purpose is to collect and direct traffic from local
streets to arterial streets, to carry traffic between arterial streets or to provide access to
abutting commercial or industrial properties or higher intensity residential land uses. It ♦ is designed to handle no more than ten thousand il0,0001 vehicle trips per day. `
Secondary arterial--A street whose n"An purpose is to serve as a major e%te r other
J ! (1) area of the city to another, as a connection between one (1) primary
l or to provide a major route to one (1) or more of the city's moderate activity centers,
Sups.Ne.9 2295
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0 83.2 DENTOV CODE
Primary arferial_A street, including A eeways, whose main purpose is to serve as a
actimajvority route centers. out of or across the city or connect one (1) or more of the city's mason
,
NOTE; Collector and arterial streets and freeways are shown on the City of Denton's
Thoroughfare Plan and the Collector Street Map.
Supporting structure means any pole, post, cable, foundation or other supporting struc-
tural materials or fixtures arranged, designed or used to hold, secure or support a Sign or part
thereof and which is not imprinted or labeled with any pictures, symbols, letters, numbers or
words in excess of one (1) Inch In height, nor is internally or decoratively illuminated.
Temporary sign means a ground sign that is used to commurdeate or advertise a single
event which has not yet occurred and which is temporary in nature. Examples of temporary
signs include, but are not limited to, signs advertising grand openings, future construction
projects and real estate listings.
Wall sign means any sign, other than a wind device, wholly affixed to, supported by or
painted upon the wall of any building and which Is not a projecting sign.
Wind device sign means a flag, banner, pennant, streamer, inflatable balloon or similar
device made of cloth, canvas, plastic, or other similar flexible material, with or without a
frame or other supporting structure, end used as a Sign,
(Ord. No. 85.208, 5 2(App. B, Art, 17A.2.), 10.15.85; Ord. No. 89-0171 f 1, 2.7.89; Ord. No.
90.051, f 1, 4.3.90; Ord. No. 91-048, f 11, 4.2.91; Ord, No. 93.029, f 11, 3.2.93)
Cross reference-Definitions and rules of construction generally, 11.2.
Sec. 33.3. Exemptions.
The following types of signs shall be exempt from the provisions of this chapter;
(1) Governmental signs. Any sign;
e. Erected or maintained pursuant to and in discharge of any governmental func-
tfon;
b. Required by law, ordinance, or governmental regulation; or
c. Located on property owned, leased, or under the control of the federal or state
government.
r
(2) Railway signs. Any sign within or on railway
reference to the operation of such railway; property and placed or maintained in
(3) Utility signs, Signs marking utility or underground eommunleatlon or transmission
lines; ~
(4) Vehicle signs. Signs displayed or used upon vehicles, trailers or aircraft, unless such
vehicle, trailer or aircraft on which such sign is d ! l ~
regularly used as a fixed location to serve the samepor aalmliare y penrit»d or
or portable. sign not affixed to a vehicle, trailer or alrcraft; P rponlpow of af>ermanent
Supp, No. 2 2298
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C SIGNS AND ADVERTISING DEVICES 33-4
(5) Signs not visible from street. Any sign where no part of such sign is visible from any
public street;
(6) Holiday signs. Signs contalning only holiday messages and no commercial adver. 4
tising-,
(7) Signs on perrons or animals. Hand-held signs or signs, symbols or displays on persons
or animals; I
(8) Unwed rigs: Signs being manufactured, transported or stored and not being used, in
an,! manner o: form, for purposes of advertising;
(9) Plaques. Commemorative plaques of recognised historical societies and organizations; I
(10) Private lraf,5c control. On-premise signs which direct the movement of traffic on
private property or warn of obstacles, overhead clearances, or control parking, in-
cluding, but not limited to, entrance and exit signs. The sign mustbe less than ten (10)
feet in effective area, less than six (6) feet In height, and be placed where they will not
Interfere with the anfe movement of vehicles or pedestrians;
(111 Mailboxes, newspaper racks. Signs located on mailboxes, newspaper vending ma-
chines and curbside residential newspaper holders which Identify the owner and
address of the premises or the name of the newspaper sold or subscribed to, provided
that such devices are not placed so as to interfere with the refs movement of pedes-
trians or vehicular traffic;
02) Signs on outdoor machines, devices and equipment. Signs located on outdoor ma-
chines, devices, or equipment which display the trademark, trade name, manufeo
tuner, cost, or operating or service instructions or similar information but do not
advertise the business where located. This exemption includes but is not limited to
signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities,
automatic teller machines, automotive vacuum cleaners, amusement rides, and elm- f
ilar machines, devices, or equipment;
(13) Athletic fields. Signs located on the field side of scoreboards and fences of athletic
fields.
(Ord. No. 85406, 4 2(App. B. Art. 17A.3.), 101585; Ord. No. 91-048, 44 III-VII, 4.2.91; Ord.
r No. 93.029, 5111, 3.2.93)
Sm 33.4. Certain prohibited sign.
It shall be unlawful for any person to erect, install, construct, display, maintain, recon-
struct, place, locate, relocate or make use of any of the following signs for advertising purposes € i
(I) Signs onprivate property without consent of owner, Signs located on private property • •
without the consent of the owner of the premises,
r.I f (2) Parking and maneuverin8 area. Signs which are located In or interfere with the use k
of a required off-street parking space or maneuvering area;
i
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4 33.4 DENTON CODE
(3) Unsafe signs. Signs which are or become de:driorated, dilapidated or in danger of
falling or otherwise unsafe;
Signs on public properly. Any sign located on or attached to a public street light,
utility pale, hydrant, bridge, traffic control device, street sign or other public strut.
ture or building, or any sign, other than a stake sign, located In, on, over, or within
a public street, sidewalk, alley, easement or right-of-way. This prohibition shall not
apply to projecting signs In central business districts as permitted by this article,
markings made on public sidewalks as permitted by the code of Ordinances, or wind
device signs placed over a public street by the city to advertise ur nual community
events;
(5) Code compliance. Signs which do not comply with any applicable provision ofabuilding
code, electrical code or other applicable code or ordinance or the city;
(6) Trees and shrubs. Signs located on trees and shrubs;
(7) Motion picture signs. Signs which employ a stereoptican or motion picture machine;
(8) Signs obscuring or interfering with view.
a. Signs located or illuminated in such a manner u to obscure or otherwise interfere
with the effectiveness of an official traffic sign, signal or device or to as to ob-
struct or Interfere with the view of a driver of approaching, emerging or Inter.
setting traffic or so as to prevent any traveler on any street from obtaining s clear
view of approaching vehicles for a distance of two hundred fifty (260) feet along
the street;
b. A sign other than a traffic control sign or signal, in a triangle sight area at all
intersections including that portion of public right-of-way and any corner lot
within a triangle formed by a diagonal line extending through points on the two
(2) property lines twenty-five (25) feet from the street corner intersection of the
property )ines or that point of the Intersection of the property lines extended and
intersecting the curbline.
(9) Certain illuminated signs. Signs, illuminated from within or without, and which:
a. Are illuminated in such a manner, to such intensity, or without proper shielding,
so as to constitute a hazard to the operation of motor vehicles upon a public street
Lr substantially interfere with the reasonable enjoyment of residential property;
• o:
b. Have any ! '
ypeof intermittent illumination, including flashing, fading, revolving
or blinking lights, or any type of moving, travelling cr changing message by
means of illumination, excluding temporary Christmas lights and lights used for
time and temperature signs;
(10) Reserved. • •
111) Portable signs. Any portable sign which Is not a properly registered nonconforming
portable sign as provided for In this chapter.
(Ord. No. 65-206, 4 2(App. B, Art. 17A.4.), 10•35.85; Ord. No. 84017, if II-V, 2.7.89; Ord. No.
91.048, §1 VIII-X, 4-2.91; Ord. No. 93029, 4 IV, 8.2.93)
9upp. No. 4 2298
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C SIGNS AND ADVERTISING DEVICES s 93 8
Sec. 33.5. Administration and enforcement.
The building official shall enforce and administer the provisions of this chapter. The
building official or city manager may delegate the duties and powers granted to and Imposed
upon the building official by this chapter.
(Ord. No. W206,0 2(App. B, Art. 17A.5.), 10.15.85)
Sec. 33.9, Appeals, variances and special exceptions.
(a) Sign board of appeals created. There is hereby created a sign board of appeals con•
sisting of five (5) members, Members ob all be appointed by the city council for a two-year term,
except that the council shall designate two (2) members of the initial board to serve one-year f
terms, or until their successors are appointed. The council may remove a board member for
cause on a written charge after a public hearing. A vacancy on the board shall be filled for the
unexpired term, The council may appoint two (2) alternate members to serve in the absence of
one or more orthe regular members when requested to do so by the city manager. An alternate
member serves for the same period as a regular member and Is subject to removal in the same
manner as a regular member. A vacancy among alternate members is filled in the same
manner as a vacancy among the regular members.
The board shall adopt rules to govern its proceedings, Meetings of the board shall be held
C at the call of the chairperson and at other times as determined by the board. The chairperson ; 10
or acting chairperson may administer oaths and compel the attendance of witnesses. All
meetings of the board shall bo open to the public.
i
Each case before the board must be heard by at least four (4) members. The board shall
keep minutes of its proceedings that indicate the vote of each member on each question or the
fact that a member is absent or fails to vote, The board shall keep records of its examinations
and other official actions. The minutes and retards shall be filed immediately in the board's
office and are public records.
The concurring vote of four (4) members of the board is necessary to:
(1) Reverse an order, requirement, decision, or determination of an administrative offi•
cial;
• (2) Decide in favor of an applicant on a matter on which the board is required to pas
under a zoning ordinance; or
i
(3) Authorize a variation from the terms of the sign ordinance.
(b) Pavers of the board. The board shall have the following powers:
(1) To hear and decide an appeal that alleges error in an order, requirement, decision, or
• determination made by an administrative official in the enforcement of this chapter,
(2) To hear and decide special exceptions to the terms of this chapter when this chapter
requires the board to do so.
~J
(3) To hear and decide on requests for variances in the regulations of this chapter.
Supp. No. 2 2299
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433.6 DENTON CODE i
(c) Appeals to the board.
(1) Appeals may be brought by any person aggrieved by a decision or by any officer,
department, board, or bureau of the municipality affected by the decision
(2) The appellant must file with the board and the
e official from whom the appeal is taken
notlu of appeal specifying the grounds for thb appeal, The epp^al must be filed
within fifteen (15) days after the decision of the administrative officer, 0t receiving
he notice, the ofidal from whom the appeal is taken shall immediately transmit to
the board all the papers constituting the record of the action that is appealed.
(3) An appeal stays all proceedings in furtherance of the action {hat is appealed unless
the official from whom the appeal Is taken certifies in writing to• the board facts
supporting the official's determination that a stay would cause imminent peril to life
or property. In that case, the proceedings may be stayed only by a restraining order
granted by the board or a court of record on application, if due cause is shown, after
notice to the official
(4) The board shall fix a reasonable time for the hearing of on appeal, give notice of the
hearing by mailing notice to all resl property owners located within two hundred
(200) feet of the property on which the appeal Is made, as shown on the city's tax mla,
and by publishing notice of the hearing In a newspaper of general circulation in the
City of Denton. The notices shall be mailed and the notice published at least ten (10)
days prior to the date set for the hearing. Any party may appear in person, by
attorney, or by agent at the hearing,
(5) The notice of appeal shall be accompanied by a filing fee In the same amount as
required for an appeal to the board of adjustment.
(d) Variances to the sign regulation.
(1) Any person requesting a variance from the provisions of the sign regulations shall
anbmit an application on a form provided by the city, containing the information and
plans requested in the application, along with the established filing fee.
(2) The board shall act upon the variance request without a reasonable time, Notice of
the hearing shall be given In the same manner as for appeals to the board.
• (3) The board may i
y grant a variance from a requirement of this chapter if it rinds all the
following exist:
a. Due to some unique condition or feature of the property which is not generally
common to other properties, literal compliance with the sign regulation would
cause unnecessary hardship;
b. The • •
• granting of the variance will not violate the spirit or the intent of the
ordinance; and
c. The condition or feature which creates the need for the valance did not result
from the property owner's acts.
Sapp. No. 9 2300
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SIGNS AND ADVERTISING DEVICES 133.6
(4) The board shall not grant a variance to any applicant solely for personal convenience,
financial hardship, or other reasons unrelated to the property. If the board grants a
I
variance, the variance shall be granted only to the extent that is reasonably necessary
to remedy the hardship. The board may impose conditions relating to the use of the
sign for which a variance is granted.
(5) All decisions of the boars' granting or refusing a variance shall be reduced to writing
and signed by the chairperson. If a variance is denied, the decision shall state the
conditions for the variance which were not met. If the board grants a variance, the
decision shall state that all conditions for a variance were met, specify the degree to
which the regulations are being varied, and be signed by the members voting in favor
of the variance.
(e) Special exceptions. The sign board of appeals may grant a special exception from the
provisions of this chapter for the setback or height of a sign, other than a portable sign, under
the following circumstances:
(1) Visibility obstructions. When fifty (50) percent or more of the effective area of a sign to
be located in accordance with the setback or height requirements of this article would
not bo visible from at least one "visibility point" because of an existing building,
structure, or the natural ground.
As used hereln,'visibility point" shall mean the viewing locations, at sheight of six (6)
C feet, determined by extending the side yard setback lines of the property so as to
intersect the curb line of the public street fronting the property, then measuring from
the intersecting points along the curb line away from the property In each direction for
a distance of one hundred (100) feet. If the street fronting the property is one-way, the
visibility point in the direction from which traffic approaches the property shall be i!
used to determine the visibility requirement. (See Appendix Illustration No, 14d.)
(2) bfedicalemergency signs. When a signlocated on the propertyofan emergency medical
treatment facility would not, because of the setback or height requirements of tlda
r.rticle, be readily visible from adjacent public streets. For purposes of this provision,
'Emergency- Medical Treatment Facility` shell mean any hospital, clinic or other
facility where medical aid is offered to a person or animal who suffers an injury or
illness which requires immediate medical attention.
specify
In granting a special execPtion the sign board of appeals shall specify by written order the
setback or the height that will be allowed, but in doLig so shall not allow deviation from the
provisions of this chapter beyond what is minimally necessary to remedy the situation
allowing for the special exception.
(f) Judicial review of board decisions. Appeals from any decision of the board mar ba made
• in accordance with the provisions applicable to appeals from decisions of the board of • •
adjustment,
(Ord. No. 65-206, 4 2 (App. B, Art. 14I), 10.15-65; Ord. No. 90.192, 11, 11.20.90; Ord. No.
91.156, 1 V, b•91)
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¢ 33-7 DENTON CODE
Sec. 33.7. Historical landmark signs.
The provisions of this chapter shall not apply insofar as they conflict with any provision
applicable to a sign designated as a historical landmark pursuant to the provisions of article
V of chapter 35 of this code.
(Ord. No. 85-206, ¢ 2(App. B, Art. 17J), 10.15.85)
Sec. 33.8. Amendments,
The regul ations of this chapter shall be considered to be part ofthe zoning regulations of
City d Denton, adopted under the authority of Chapter 211 of the Local Government Code, the
as
amended. Amendments to this chapter shall comply with the requirements of state law and
city ordinances applicable to amendments to zoning regulations.
(Ord. No. 91-048, 9 XIII, 4-2-91)
Secs. 33-9-3335. Reserved.
ARTICLE If. LICENSES AND pERhano
DIVISION 1. GENERALLY
Secs. 33-36--33.43, Reserved.
DIVISION 2: LICENSES
Sec, 83.46, Required.
It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair,
replace or service any ground, roof or projecting sign for compensation without first having
obtained a license for such work from the building official as provided in this civision The
provisions of this section requiring a license for such work shall not apply to an employee ors.
Person holding a license under this division,
• (Ord, No. 89-017, 4 VI(App, B, Art, 17A.6.(a)), 2.7-89)
See. 33.47. Prerequisites to issuance; fee; examination.
r
(a) Any person who makes proper application, pays the fee, and passes an examination,
shall be issued a &:ense, valid for four (4) years, The rrritten examination shall teat the 4
• applicant's general knowledge of the sign regulations. The a • •
license prior to its expiration for a maximum of four (4) years by p payiayit may renew an existing
ng the appropriate fee(s).
'Cross reference-Licenses, permits and business regulations generally, Ch, 16.
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SIGNS AND ADVERTISING DEVICES 033-47
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(b) The fees for initial licensure and renewal shall be determined by the city council and on '
file in the office of the city secretary.
{Ord. No. 89-017, 4 Vi(App. B, Att. 17A.6.(b)), 2.7-89; Ord. No. 89-033, ~ 11, 2-21.89; Ord. No. `
91.948, 4 X1, 4-2-91; Ord. No. 96.119, f 1, 621.96)
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~ti.... f~fh&~z`rs~.33rnhh~iArts~'cl1Z91~+ {d're1i~~trlt(
•
SIGNS AND ADVERTISING DEVICES 4 33.61
Sec. 33.99. Revocation.
The building official mey revoke, upon prior written notice to the licensee, any license
granted under this division wher c it is found that the application made was knowingly false
or that the licensee, after havingbeen determined by the building official to have violated any
provision of thin division, failed to correct the violation within fourteen (14) days after the date
written notice of the violation was sent to the address of the licensee, as shown on the license.
(Ord. No. 89.017, b VI(App. B, Art. 17A.6.(c% 2.149)
Sec. 3349. Appeal of revocation.
Any person may appeal a denial, proposed revocation, or revocation of a license to the sign
board or appeals as provided herein.
(Ord. No. 89-011, 5 VI(App, B, Art. 17A,6.(d)), 2.7-89; Ord. No. 90.182, (i 111, 11-20-90)
Sec. 33.50. State ltnense.
The license required by the city Is in addition to any license required by the State De•
partment of Highways and Public Transportation by State law or regulation. '
(Ord. No. 90051, 5 II(App. B, Art. 1?A-6.(e)), 4-3,90; Ord. No. 91.048, 1 XII, 4.2.91)
C Secs. 33.51-33.60. Reserved.
DIVISION 3. PERMITS
Sec, 33.61. Required,
(a) It shall be unlawful for any person to place, locate, relocate, erect, construct, recon-
struct, replace, renovate, repair, or aIter any part ore sign, tncluding the face or other integral
part, or to thereafter make use of a sign for which & permit is required herein, without having
first secured a sign permit from the city, except as otherwise provided by this chapter. The
administering official or employee shall not issue a permit for a sign that does not comply with
the requirements of this chapter.
(b) It shall be unlawful for any person to make use of e sign required to be ikensed by the /
State Department of Highways and Public Transportation as required by article 4477.9x, Tex
Rev. Civ. Stat., except in accordance with a valid permit issued by the city.
(c) A sign permit shall not be required to periodically change only the letters, numbers, i
• or message portion of a sign if the sign is specifically designed for that purpose, such as, but +
not limited to, marquee signs for movie theaters, portable signs with changeable letters,
billboards and poster boards designed for changing messages, and gasoline price signs with
changeable numbers.
C, (Ord. No. &x•206, 12 (App. B, Art. 17B.I.), 10-1545; Ord, No. 91.048, 4 XIV, 4.2.91)
2303
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Sec. 33.62. Exemptions.
The following signs shall be exempt from the permit requirements of this chapter,
(1) Knells $I" fifteen (16) feet or leas In height.
(2) Legal notices.
(3) Flags es specified in section 33.212.
(4) Signs painted on glass surfaces of windows or doors.
(5) Temporary signs,
(Ord. No. 05-206, 0 2(App. B. Art. 17B.2.), 10.15.85; Ord. No. 89.017, ¢ VII, 2.7$9; Ord. No.
91-048, 4 XV. 4.2.91; Ord. No. 93-029, 8 v, 3.2.93)
Sec, 33.63. Alpllcatlon procedure.
The applicati;-) for a sign permit shall be submitted on such forms as the building official
may prescribe and shall be accompanied by such Information, drawings and descriptive data
as required by the building official to ensure proper regulation of the sign and to ensure
compliance with this chapter,
(Ord. i Io, 85.206, 4 ZApp. B. Art, 1713.3.),10 ]5 85)
Sec. 13.64. Fees, ( l
If the plans and specifications for a sign set forth in any application for a permit required \ f
under this division conform to all of the requirements of this chapter end any other ordl nano
applicable thereto, the building official shall, upon pt)mont of the applicable permit fee, issue
the appropriate permit, permit fees shall be eatabliAed by the city council and are on file In
the office of the city secretary.
(Ord, No. 85.206, ¢ 2(App, B, Art. 1713.4.), 10.15.85; Ord. No. 89-017, ¢ VIII, 2.7.69; Ord. No,
89033, IF 1, 2.21-89)
Sec, 33.65. Duration,
(a) Ground or attached signs. Except as otherwise provided in this chapter, a permit
issued for a ground or attached sign shall terminate one hundred eighty (160) days after
issuance,
(b) Signs licensed by the state. A sf
licensed by the State Department of Highways and Publ~'1rathe City fora sign required to be '
Tex. Rev, Civ. Stat., as amended, shall be valid for the location odesitgnated on the application
for one (1) year from issuance of the permit is long as the sign is erected and legally main-
tained. If the state acquires the sign or the sign U remoyed for any reason, the permit shall
terminate. •
fc) Wind devke signs, A permit for wind device signs shall be valid for thirty (30) co;.:c.-
utive days. A permit shall not be Issued for a premise unless a period of thl
U elapsed since the expiration ofa previous rtnit. The permit shall n ne 1 days has
~ pplr to one (1) 1 d designated
Sapp. No. 2 2304
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C SIGNS AND ADVERTISING DEVICES 4 83.91
premise and authorizes the display of one (1) or mcro wind device signs on that premise for the
allowed time. No more than three (3) permits for anyone (1) premise shall be issued in anyone
(1) calendar year, `
(Ord. No. 85-206, 4 2(App. B, Art- 179.6.1,10.15.85; Ord. No. 89.017, 6 Viii, 2.789; Ord. No.
90-061, 11111, 4-3-90; Ord. No. 91-048, 6 XVI, 4.2-91; Ord. No. 01-166,111, 11.5.91; Ord. No.
93-029, 4 VT, 3.2-93)
Sec. 8369. Revocation; appeals.
A sign permit maybe revoked for a violation of any provision of this chapter. The permit
holder may appeal the revocation to the sign hoard of appeals. If the State Department or
Highways and Public Transportation revokes the license of an owner of a sign for which the
city has issued a permit, the sign permit for the sign shall terminate when tl:e license revo-
cation becomestmal.
(Ord. No, 85208, 6 2(App. B, Art. 179.6.), 1415 85; Ord. No. 90.051, ;1I1, 4-3.90; Ord. No.
94182, 6 IV, 11.2D-90; Ord No. 91-048, j XVI, 4.2.91)
Sec. 3367. Transfer of state outdoor advertising sign permits,
Sign permits initially issued by the State Department of Highways and Public Tramper-
Cation and now issued by the city for signs licensed by the state under article 4477.9a, may be
transferred to another party if the proper city application and fee is filed and approved by the
city.
(Ord. No. 90.051, 6 III(App, B, Art. 17B.7.),4-3-90; Ord. No. 91-M, 6 XV1, 4.2.91)
Secs. 33.68-33.90. Reserved.
ARTICLE ill. NONCONFORMING SIGNS
1 Sec. 33.91. Deflnitiom
• A sign, including its supporting structure, shall be considered nonconforming when it does
notconform to all or partof the provisions cfthls cbepter applicable thereto, is not a -1-Up sign
and: i'
(1) Was in existence and lawfully located and used on March 17,1993;
(2) Was in existence and lawfully located and used in accordance with the provisions of
the prior ordinance applicable thereto or which was considered legally nonconforming i
• thereunder and has since been in continuous or regular use; or • •
(3) Was in e-dstence, located and used on the premises at the time it was annexed to the
city and has since been in regular and continuous we,
(Ord. No, 85.206, 6 2(App. B, Art. 17H.2.1,101595; Ord. No. 93029, b VII, 8.2.93)
Sopp• No. 2 2305
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4 33.92 DENTON CODE }
Sec. 33.92. Applicability.
The provisions orthis chapter defining and regulating nonconforming signs shall control
over any other conflicting provision or chapter 35 of this Code.
(Ord. No. 85206, ¢ 2(App. B, Art. 17H.1.), 10.15.85)
Sec. 33.93. Registration of nonconforming portable signs.
On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign
on any premL%es without having a valid registration tag afrixed thereto as required in this
section and as follows:
(1) Application. To register a nonconforming portable sign, application ;hall be made to
the building official on forms provided for that purpose. The application shall be
accompanied by the payment of the applicable fee, as established by the city council
and on file in the office of the city secretary, and shall contain the name and address
of the owner of the sign, the exact location of the sign, ihs date of placement and any
other information reasonably required by the building official.
(2) Issuance of registration tag. If the building official determines that the portable sign
Is a lawfully nonconforming portable sign, he shall issue a registration tag to the
applicant. The owner of the sign shall cause the tag to be affixed In a conspicuous
place on the corresponding portable sign registered,
(3) Removed or destroyed signs. Any owner who remove , or causes the removal of any
validly registered nonconforming portable sign from any premises shall, within rive
(5) business days of its removal, report the removal to the building ofrfclal.
(4) Invalidation ofregistratlon. The building official shall Invalidate any registration tag
for a nonconforming portable sign when:
a. It is removed from the premises for any reason;
b. It has been damaged or destroyed so as to lose its nonconforming status as pro-
vided in this chapter;
c. It has become an abandoned sign.
(Ord, No. 85.206, ¢ 2%pp, B, Art. 17H.3.), 10.15485; Ord, No. 89.017, ¢ M, 2.7.89; Ord. No.
B9-033, ¢ III, 2.21.89)
Sec. 33.94. Presumption
Any sign which does not conform to the regulations of this chapter and is not properly
registered as a legally nonconformin; sign as provided for in this artlele shall bs preeumad not
to be a legally nonconforming sign; provided, however, that the owner of any sign that is i
determined not to comply with the provisions of this chapter may, at any time, present evl• ~ • •
• dente to the building official that the sign Is a legally nonconforming sign, and t*.e building
official shall, if satisfied that the sign is a legally nonconforming sign based on tine evidanoe
presented, allow the sign to be registered as a legally nonconforming sign.
(Ord. No. 85.206, ¢ 2(App. B, Art. 17H.4.), 10.1685)
Suyp. No. 2 2306
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Sec. 33.95. Destruction; repair.
(a) Any nonconforming portable, attached or ground sign, including its supporting struc-
ture which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired
or renovated, in whole or in part, if such replacement, repair or renovation would require an E
expenditure of monies in excess of sixty (60) percent of the.reproduction cost of a new sign,
including its supporting structure, which is substantially the same or slmller to the noncon-
forming sign destroyed, damaged, dilapidated or deteriorated, unless such alteration or repair
makes the sign conforming. No person shall repair, renovate or alter a nonconforring sign
without first receiving a sign permit.
(b) The building official may, whenever he deems necessary to reasonably determine the
applicability of subsection (a) of this section, require the owner of the nonconforming sign to
submit two (2) or more independent estimates from established sign companies of the cost of
replacing, repairing or renovating, in whole or in part, the existing nonconforming sign and
two (2) or more independent estimates from established sign companies of the reproduction
cost of a new sign, including its supporting structure, which is substantially the same or
similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated.
(c) No sign or supporting structure which is lawfully reproduced, repaired or renovated as
a nonconforming sign shall be increased in effective area or height.
(Ord. No. 8Z-209,1 2(App. H, Art. 17H.5.),10-15-85; Ord. No. 91.048, 4 XXXIII, 4.2.91; Ord. No.
C 93.029, 4 VIII, 3.2.93)
Sec. 33.96. Relocation,
Notwithstanding any other provision of this chapter, any sign which is a legally existing
nonconforming sign may be relocated on the same lv: or tract of land if the sign is required to
be removed from Its present location because the property upon which the sign is located is
acquired by any governmental agency or other entity which has or could have acquired the
property through the exercise of its power of eminent domain. Such relocated sign shall be
ploced, insofar as possible, as to comply with &)I the provisions of this chapter. !
(Ord. No. 85.206, 4 2(App. B, Art- 17H.6J, 10-15.85) f
Sec. 33.97. Signs located on nonconforming premises.
Where, on the effective date of the ordinance from which this chapter is derived, a sign is
• located ca a premises which is a legally nonconforming use of the premises and such alga Is
used in regard to the premises, the sign may be used and maintained on the premises, even r
though it would not be a permitted use, so long as such premises is continually used as a lawful
nonconforming use.
(Ord. No. 85.206, 4 "pp. B, Art. 17H.7.), 10.15.85)
• See. 83.98. Nonconforming sign permits. • •
The building official may issue a permit to alter a nonconforming sign if the proposed
alteration would not cause the sign to exceed the effective area, height, setback or illuminstion
C setback of the sign existing at the time of application for the permit.
(Ord. No. 93-029, 41X, 3.2.93)
Sup9. No. 9 2307
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633-99 DENTON CODE
Seca. 33.99-33.120. Reserved.
ARTICLE IV. REMOVAL OF UNLAWFUL SIGNS
Sec, 33.121, Notice and order.
Any sign which is erected, placed, relocated, constructed, reconstructed, altered, dim.
ploved, maintalned, installed, modified or used in violation of this chapter may be removed by
the building ofliaal as provided in this article, The building official shall deliver or send a
written notice and order to the owner of an unlawful sign or the owner of the premises where
the unlawful sign is located. A notice and order sent or delivered to the person listed by the city
tax office or county appr" district as the owner of the premises where the unlawful sign is
located shall be presumed to be sufficient. The notice and order shall:
(1) Describe the nature of the violation;
(2) Order the correction of the violation within a time Spec. `A, which shall not be Jess
than five (5) business days of the delivery or mWIing of the notice; and
(3) Give notice that the building officlal may remove and impound the unlawful sign at
(Ord. Not 85-206, 1s2(Aexperim PPBI it
7F,lt)o 10.16.85; Ord. No. 89.017, 1 time
2-89; Ord. No.
93-029, 1 g, 32.93)
Sec, 33122, Removal; appeals.
If the person ordered to correct a violation fails to do so within the time specified, the
building official may remove c: cause the removal of the unlawful sign. Any person aggrieved
by the order may rile an aPPeA with the Sign board of appeals,
(Ord. No. 85.:08, 4 2(APP• B, Art. 17F.2,), 1016.85; Ord, No. 89-017, 4 XI, 2.7.89; Ord. No.
90182, 6 V, i 1.20- 0)
Sec. 33.123, Impoundment; redemptlon; disposal
(a) Any sign which is removed by the building official pursuant to this article shall be
• impounded and transported to and stored by the building official at a Location des
such Purpose. Records of where such si Ignated for
gas were located and when removed ►Se]! be kept, The ~
building official shall send a letter to the owner of such sign, ](known, or, if not known, to the
owner or person in control of the premises where such slgn was located, giving notice of such
impoundment,
(b) The building official shall hold the sign In storage for at least thirty (30) days after
• notice of )mpounement has been mailed. A.%y portable sign may be redeemed by the owner
upon the payment of a fee to the city for hauling the sign to store
Any nonportable sign may be redeemed by the owner upon payment of the aoost of remr ovalecof
and hauling the sign to storage, as determined by the building official, plus a per-day storage
&upp. Mo. 9 2308 -
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SIGNS AND ADVERTISING DEVICES 4 33.126
C,
fee. Such fees shall be established by the city munciI and on file in the office of tha city
secretary,
(c) Any sign not reclaimed by the owner thereof within thirty (30) days of the mailing of
the notice of impoundment may be disposed of in accordance with applicable Iaiv.
(Ord. No. 85.206, 11 2(App. B, Art. 17F.3.), 10.1685)
See. 33.124. Recovery of costa.
If, upon disposal of an unredeemed nonportable sign, the building otricial has not received
an amount sufficient to rover the cost of removal and hauling of such removed sign, the
building official shall send notice to the owner of the premises where such sign was located,
requesting payment of the removal and hauling costs, less any amount received in disposal of
such sign. Any such costs remaining unpaid after thirty i30) days from the date of mailing of
notice shall become delinquent and shall bear interest at ten (]0) percent per annum. The
building official may cause such unpaid and delinquent amount to be assessed against the
premises where such removed sign was located by filing and perfecting a lien against the
premises, The cost levied against the premises shall include an administration fee established
by the city council and on rile in the office of the city secretary.
(Ord. No. 85.206, j 2(App. B, Art. 17F.41,10-15-85)
C Sec. 33.125, Appeal.
Any person may contest the reasonableness of the cost of removal of a sign imposed
hereunder by filing an appeal with the sign board of appeals within twenty (20) days of the
mailing of the notice of the costs. The board may uphold the cost imposed by the building
official or impose and levy whatever cost it considers reasonable. Storage costa shall not be
appealable.
(Ord. No. 65.206, A 2(App. B, Art. 17F.5.), 10.15-85; Ord, No. 90.182, 1 VI, 11.20.90)
See. 33.126. Summary removal of hazardous signs.
Notwithstanding anyother provision of this chapter, the building official may summarily
• remove any unlawful sign which, because of its location or condition, clearly constitutes an
immediate hazard or danger to the public. Prior to removing the sign, the building official
shall make a reasonable attempt to locate the owner of the hazardous sign or person respon-
sible for its display, placement or maintenance to give written notice of the violation, the
action necessary to correct the violation and the time period in which the correction must be
made. The notice shall be delivered to the owner of the sign, the owner of the premises or the
• person responsible for the sign's display, placement or maintenance, if located; otherwise, the • •
notice shall be effized to the sign or other prominent place on the premiss likely to come to
the attention of the owner of the sign orpremises, Thereafter, the building official may remove
the sign if no corrective action is taken in the time specified.
(Ord. No. 69.017, 9 XII(App. B, Art. 17F.6.), 2-7-89; Ord. No. 93,029, 4 XI, 8.2.93)
Supp. No. 4 2809
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§ 33.127 DENTON CODE }
Sec. 33.127. Certificate of occupancy.
The building official shall not issue a certificate of occupancy for any premises on which
a sign or supporting structure does not meet the requirements or this chapter.
(Ord. No. 93.029, § X11, 3.2-93)
Secs. 33128-33.143. Reserved.
ARTICLE V. TECn [CAL REQUIREMENTS.
DIVISION 1. GENERALLY
Sec, 33.146, Manner of measurement.
The measurements required for signs by this chapter shall be made using the following
procedures:
(1) Setback. To apply the setback provisions of this chapter for signs at anyone (1) point,
the following measuring procedure shall be used;
a• Draw an imaginary vertical line extending upward from the curbline of the
premises;
b. Beginning at any point on the vertical line, draw an imaginary horizontal line
Perpendicular to the vertical line and curbline and extending toward the prem-
ises;
c. Beginning at the point where the vertical line intersects the horizontal line,
measure along the horizontal line for the required setback, See section 33221.
(2) 11tight. The maximum height of a ground sign shall be determined by the method of
measurement that allows the greater height, as follows:
a. Curb line measurement. Measure along* vertical line extended upward from the
nearest curb line ofthe public street fronting the premises where the sign is to be
located, to the maximum height allowed for the sign. From that point, extend a
horizontal line to where the sign is to be located. The horizontal line Is the
• maximum height allowed at that location. (See Appendix Illustration 14b) r
b. IH•35 measurement. Alonglll-35, the height may be measured from the principal
lanes, the frontage road, or the ground, whichever allows the greater height. (See
illustration 14b.)
c. Natural ground level measurement. At the highest point of the sign, draw a
horizontal line to the outer extremities of the sign. At the center of the horizontal • •
• line, drawa vertical line to the natural ground level below. (The "natural ground
level" shall include any changes in topography necessary for development of the
property,) The vertical line may not exceed the height allowed for the sign at that L/
location. (See Illustration 101
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SIGNS AND ADVERTISING DEVICES 133-146
(3) Effective area means the area enclosed by the smallest imaginary regular shape leg:
parallelogram, triangle, circle, trapezoid! or combination of regular shapes that will
encompass the extreme limits of the writing, representation, emblem, or other dis• 111
play, together with any material or color forming an integral part of the display or
used to differentiate the sign from the backdrop or structure against which it is
placed. Effective area includes such features as decorative or ornamental elements or
features, borders, trima, but not including any supporting structure which is used
%
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&pp.No.4 2310.1 i•'i r'. .
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it~ .'..s::- ~~cr~rau~Y!~s Lr_. ;~~~`~_~~r:~i t~.~;, ~'`~-i~'~~'.y''~t, 7r.t} -`rt t J•!~', `{5~~~~t'r~`fE`•v'`~•~y ~~~~~L;'+'
SIGNS AND ADVEIMSINO DEVICES 083-246
C
solely for support of the sign, such as poles, tolumns and cable, or decorative fence,
screening device or wall. (See illustration 14e). `
I .
a. Sign copy mounted or painted on a background panel or area distinctively painted,
textured or constructed as a background for the sign copy, shall be measured as
the area contained within the outside dimensions of the background panel or
surface.
i
DONNA`S r
SIGNS
C b. Sign copy mounted as individual letters andlor graphles against a wall, fence,
screening device, awning or fascia of a building or other structure that has not
been painted, textured or otherwise altered to provide a distinctive background of
the -n copy, shall be measured as the area enclosed by the smallest regular
she- a )r combination of shapes that will enclose all si jm. copy.
Y prtlla ` ~ ~ f
C. Where there are a number of sign faces or amore than one (1) sign on a supporting ;
structure.
♦ •
One-Area • Two-If the e Interior single angle between the two (2) facts is forty-five (48) degrees or
lass, the area will be the area of one (1) face only; if the angle between the two (2)
C
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_ t i _ _ ~Y dent C^.~, rif aalti I
4 33146 DENTON OODE
sign faces is greater than forty-five (45) degree-, the sign area will be the cum of
the areas of the two (2) faces.
Y
Three or more aides-The sign area will be the sum of the areas of each of the
faces.
d. All eigrm on a single supporting structure shall be measured together ea though
they were one (1) sign to determine the total eirective area, except that signs
-eparated by more than thirty-six (38) inches of air space at every point between
the signs shall be measured separately and added together to determine the total
effective date.
e• Spherical, free-form, sculptural, other non-planar signs-The area enclosed by the
smallest imaginary, regular shape or combination of shapes which would fully
contain all portions of the sign when rotated horizontally around the sign,
.0.
f
(Ord, No. 65.206, 4 2(App. B, Ari 17G.1.), 10-16-85; Ord. No. 69-017, 6 X111, 2-7.89; Ord. No.
90.182, ¢ 1, 11.20-90; Ord. No. 91.048, f XXVI, 4.2.91; Ord. No. 93.029, ¢ XIII, 32.93)
Sec. 33.147. Abandoned el" and supporting structures. -
The owner of any premise on which there is displayed or maintained an abandoned sign • `
or abandoned supporting structure shall comply with the following requirements;
(1) If it is an ebandoned portable sign, remove or cease displaying the sign within thirty
(30) days of the date it becomes abandoned.
Suyp. No. 7 2312
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SIGNS AND ADVERTISING DEVICES 133-147
(2) If it is a ground sign that does riot meet the size, height, setback and other require.
ments of this chapter and is abandoned on or before March 17, 1993, the owner shall i
cease displaying the abandoned sign, remove the sign, modify or relocate the sign, or
put a blank face or other bona fide message on the sign by June 17, 1993 as is
necessary to eomply with the requirements or this chapter.
(3) If the ground sign does not meet the requirements of this chapter and is abandoned
after March 17, 1993, the owner shall cease displaying the sign, remove the sign,
modify or relocate the sign, or put a blank face or other bona fide message on the sign
within ninety (99) days of the date it becomes abandoned, as necessary to cornply with
the requirements of this chapter.
(4) If a supporting structure used or designed to be used with aground sign is abandoned
on or before March 17, 1993, and the abandoned supporting structure does not comply
with the sue, height and setback or other requirements applicable to ground signs,
the owner of the premises shall cease displaying the supporting structure, or remove,
modify or relocate the structure, or put a blank face on a sign with a bona fide
message on the supporting structure by June 17, 1993 as necessary to comply with
this chapter. If a supporting structure that does not meet the requirements applicable
to ground signs is abandoned after March 17, 1993, the owner shall cease displaying '
the supporting structure, or remove, modify or relocate the structure, or put a blank
C face or bona fide sign on the supporting structure within ninety 190) days of the date
the supporting structure becomes abandoned as necessary to comply with those re-
quirements. In determining whether the supporting structure complies with the site
requirements applicable to ground signs, the effective area of the can, frame or aim.
ilu part of the supporting structure that holds or to which the sign Is attached shall
be measured in the manner applicable to signs, except that ail air spaces shall be
counted.
(5) If an abandoned supporting structure does not have a can, frame or similar part of the
supporting structure that would hold the sign or to which the sign would be attached,
and such a part or face or sign is placed on the supporting structure, the effective area
of the sign or blank face placed on the supporting structure shall not exceed the
requirements of this chapter.
(6) No abandoned sign or supporting structure which is altered under the provisions of
this section shall be made more nonconforming. ~
J
(7) Altering, putting a blankface or putting a sign on an abandoned supporting structure
which is abandoned after March 17, 1993, and which would be nonconforming, and
the cost of which exceeds sixty (60) percent of the reproduction cost of the existing
abandoned sign or supporting Structure shall not be permitted unless in accordance •
with section 33.95(a).
I
(8) Any abandoned sign or abandoned supporting structure displayed or maintained, ur
not removed, modified or relocated in accordance with this chapter by the owner shall
\ constitute a violation of this chapter, and be considered an unlawful sign and may be
Supp,No.4 2313 ,
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DENTON CODE
removed by the city in accordance with the provisions applicable to the removal of
unlawful signs or the owner may be prosecuted as provided under city ordinances or
be enjoined from continuing such violation
(9) As used in this section, abandoned supporting structure means the poles, beams,
cables or other materials that are used or once were used to support an abandoned
sign,
(IO) Ira ground or attached sign that conforms to the regulations of this chapter is aban•
doned, the owner shall cease displaying the sign and supporting structure or remove
same so as not to be visible from any public right-of-way, or paint out or cover the
message portion of the sign, or put a blank face on the sign in accordance with this
chapter, or place a bona fide message on the message portion so as to leave the
messageportion and supporting structure neat and unobtrusive in appearance, within
ninety (90) days of the date it becomes abandoned.
(Ord. No. 89-617, ¢ XIV (App, B, Art. 170.2.),2-7-89; Ord. No. 91-048, 0 XXVII, 4.2.91; Ord. No.
93-029, 4 XiV, 3.2.93)
Sec. 33.148. Sign face standards,
(a) Standards. The following shall be required for the use, display, maintenance or per.
mitting of an alteration of any abandoned sign or supporting structure regardless of when the O
sign was abandoned:
(1) Like material, Only the owns or like quality material as that being replaced or that
was last installed and used as a face on or in the abandoned sign or supporting
structure maybe allowed as the sign face, or that part of the structure that carries the
sign message or that is blanked. The face or the supporting structure must be one
which the supporting structure is designed to support. Painting over a face is allowed
to blank the sign face. Examples: plastic face replaces missing plastic face, metal
replaces metal, wood replaces wood face, etc.
(2) Sign copy to be unseen on blank faces. Routed, embossed or raised messages or sign
copy must not be able to be seen, if the face or message is blanked.
(3) Color of blank faces. Blank faces must be of one (1) color.
A) Couered messogee.-
a. Painting. Abandoned signs may be painted in order to "blank" the face. However,
the paint must completely cover the sign face or message portion of the structure.
The covered, painted over message must not show through the paint.
b. Abandoned sign. Covered sign races must be of a materiel or substance which
renders the resulting sign face completely blank, opaque and resistant to dete•
rioration. Bleeding or showing through ofacovered messageorblanked face shall
• •
constitute the displaying or maintenance of an abandoned sign in violation of this
chapter, h
Sapp.No.4 2314
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SIGNS AND ADVERTISING DEVICES 133-162
C (5) Unlawful to cover sign. No person shall cover signs with bags of any material
(6) Issuance ofperneit. No permit shall be issued for which a dilapidated or deteriorated
condition would not be abated. i
(b) Permit required. Prior to any alteration of an abandoned sign or supporting structure,
a permit for such shall be required in accordance v6ith the provisions of this chapter.
IOrd• No. 93.029, ¢XV, 3.2.93)
Editor's note-Ord. No. 93.029, 4 XV, adopted March 3, 1993, designated as 133148,
pertaining to clearance or signs from electrical lines, hoe been renumbered as 1 33-163.
i
Sec. 33.149. Sign maintenance.
It shall be unlawful for any person to display, erect, locate, relocate or keep arty dilapt.
dated or deteriorated sign 4.2.91; Ord. No.
(Ord. No. 89-017, 4 XIV(App• B, Art. 17G.5.1,2-7,8% Ord. No. 91-048, J XX17C,
93.029, 4 XVI, 3.2.93)
Sec. 33.150. Wind loads.
All ground, projecting, and roof signs shall be designed and installed to withstand a wind
C pressure of not less than twenty (20) pounds per square foot of area and shall be constructed.
to receive dead loads es required by the Uniform BuJlding Code-
IOrd. No. 90.051, ¢ fV(APp• 8, Art. 170,7.), 4-3.90, Ord. No. 91.048, 4 X=, 4.2.91)
Sec. 33.151. Use of state right-of-way,
No person shall cross or park a vebicle on a state right-of-way for the purpose of main-
taining a sign adjacent to the right-of-way.
(Ord. No. 90051, 4 IV(ADp• B, Art. 17G,81, 4.3.90)
Sec. 33.159, Inflatable devices.
41 The following regulations shall apply to any balloon or other type of inflatable device used
a3 a sign:
(1) It shall be securely anchored at all times.
(2) It shall not extend to a height greater than thirty (30) feet above ground level unless
it is attached to the roof of a building, in which case it shall not extend more than ten
(10) feet above the highest part of the root. r
(3) It shall not be allowed to rxtend over any public street or right•of•vray or over any
_ J other property not under the control of the permittee.
C (Ord. No. 91.048, 0 )MXII, 4.2.91)
Supp. No. f 2315
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$ 33.153 DENTON CODE
Sec. 33.153. Clearance from electrical linen.
All signs shall Comply with the provisions of the latest edition of the National Electric
Safety Code.
(Ord. No. 89.017, $ XIV(App, B, Art. 17G.3.), 2.7S9; Ord. No. 91-048, 4 XXVIII, 5-2-91; Ord.
No. 93-029, g XIV, 3.2.93)
Secs. 33.154-33.165, Reserved.
DIVISION 2. PORTABLE SIGNS
Sec- 33.166, prohibited.
It Shall be unlawful for any person to display, maintain, erect, Place or relocate any
portable sign on any premises that is not a registered portable sign.
(Or3 No. 89-017, 1 IX(App. B, Art 17C.1.), 2.798, Ord. No. 93-029, 4 XVII, 32.93)
Sec. 33167. Y a%ful nonconformity.
Any Portable sign lawfully existing upon any premises before February 21, 1989, in
accordance with the provi3lons of any prior ordinance, shall be allowed to remain on that
premises as a nonconforming portable sign, if properly registered and continuously rnain.
twined in accordance with the provisions of this chapter.
(Ord. No. 89.017, 4 IX(App• B. Art. 17C.2.), 2-799)
Sec. 33168, Maintenance of nonconforrnIngsigns.
A noncon(ormingportable sign which is properly registered In accordance with this chapter,
Shall not:
(1) Be moved to another premises so as to be visible from any public street;
(2) If removed from any premises for any reason, be placed on the same premiss so as to
be visible from any public street.
• (Ord. No. 89.017, f IX(App. B, Art, 17C.3,), 2.749)
r
Sec. 33169. Anchoring.
All lawful nonconforming portable signs shall at all times be securely anchored so as to
prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined '
by the l;dilding ofllcial, •
• (Ord. No. 89.017, it IX(App. B. Art. )7C.4.), 2.7.89)
Secs. 33170-33.18o. Reserved.
Supp. No.1 2316
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SIGNS AND ADVER'T'ISING DEVICES f 83-181
Cr
DIVISION 3. REGULATION OF SIGNS BY ZONING DISTRICTS
Sec, 33-181. Residential districts.
I
The following regulations shall apply to A, SF-7, SF-10, SF-13, SF-16, 2•F, MF•R, MF-I
and MF-2 zoning districts, as shown on the official zoning district map of the city:
f
(1) Permitted and prohibited type. Ground, wall, wind device and temporary signs are
permitted in residential districts. Roof, projecting and off-premises signs are prohr'b.
ited In residential districts.
(2) Effective area and height. No ground sign shall have an effective area greater than
fifty (50) feet or a greater height than six (6) feet. j
l
(3) Setbacks. All ground signs shall maintain a minimum setback of ten (10) feet from the
curbline and any aide or rear yard property line, except that any ground sign may
make use of a supporting structure for a ground sign that was lawfully erected on or
before February 21, 1989, without regard to the side or rear yard setbacks specified
in this subsection, if the sign so placed would not violate any other provision of this
chapter. (See illustration 14a).
(4) Number of ground signs. Only one (1) ground sign which is not a temporary sign, shall
be located on any one (1) premise, except as follows:
a Any premise having frontage on more than one (1) freeway, arterial or collector
street may locate one 11) on-premise ground sign In the defined front yard of each
street, provided that neither sign is located within that area that includes the
overlapping front yards of both streets.
b. Any premise which has more than five hundred (500) feet of public street frontage
on a freeway, arterial, or collector street may make use crone (1) additional sign
for each rive hundred (500) feet of additional frontage on that street, or fraction
thereof, ifeseb additional sign permitted is located more than sixty (60) feet from
another permitted ground sign on the same premise. The distance between the
signs shall be measured along the curbline, from and between the two (2) points
on the curbline which are nearest the two (2) signs,
c, Temporary signs. See section 33-211.
• (5) Illuminated sign setback. Any ground sign over ten (10) feet in height and any wall
sign over fifteen (15) feet In height shall maintain the following setback from any
property used for a single-family residence or property zoned for single-family if the
sign would be visible from such property:
Ground or Attached Sign Se hack -
• Nonilluminsted 100 feet • •
Internally illuminated 200 feet
( Externally illuminated MO feet
Sapp. No. 2 2317
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4 33.181 DENTON CODE 1
The setback shall be measured in a straight line from the district boundary line or
residential property line to the nearest por';on of the sign or its supporting structure.
A sign shall be considered visible from a residential property or district if the sign can
be seen from six (6) feet above ground level from any point on the property or within
the district. The setback shall not apply between a ,sign and a single-family residence
located on the same premise.
(Ord. No, 85.206, f 2(App. B, Art, 17D.2.), 1D-15-85; Ord. No. 89.017, 0 X, 2.7.89; Ord. No.
89151, 4 1, 11.7.8% Ord. No. 91•D48, 44 XVII, }(VIII, 4.2,91; Ord. No. 93-029, 4 XVIII, 3.2.93)
Sec. 83.182. Nonresidential districts.
The following regulations shall apply to signs in any zoning district designated as a p, 0,
NS, Gil, C, OAr.. 'A or HI district, as shown on the official zoning district map of the city.
(1) Type. Groune , roll, roof, temporary, wind device and projecting signs are permitted
in nonresidential districts,
(2) Effective area and height
a. Ground signs shall have a maximum ell'ective area and maximum height based
on the street frontage of the property where located, as follows:
Monument
Marfmum Sign
Effective Maximum Effective
Street Frontage Area Height Area
IFi 35N, 35E, or 250 sq. ft. 40 ft.
35N 300 sq. R.
Loop 288 150 eq. ft. 30 ft. 2D0 sq. ft.
Other primary 60 sq. It. 20 R.' NIA
arterials
All other streets 60 sq. ft. 6 ft. NIA
'Except for the Central Business districts.
b. Any premise may make use of one (1) on-premiss ground sign of a maximum
height of fifteen (15) feet and an effective area of one hundred twenty (120) square
feet, in lieu of any two (2) permitted ground signs.
c. For any premise which has frontage on a primary arterial street and has more
than one (1) tenant or occu t
festive area or one (1) ground sign, if used to advertises more thaone buildings, tethe er.
•
nant • •
or occvpant, may be increased above sixty (60) square feet by 0.6 square feet for
each foot of frontage on the primary arterial, but not in excess of one hundred
fifty I I50) square feet.
Suyp.Na.2 2318
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C SIGNS AND ADVERTISING DEVICES 633-182
(3) Setbacks. Ground and projecting signs shall maintain a minimum setback of twenty
(20) feet from the curbline of any public street and a minimum cetback of ten (10) feet
from any side or rear yard property line, except as follows:
a. A ground sign may make use of a supporting structure for a ground sign that was
lawfully erected on or before February 21, 1989, without regard to the aide and
rear yard setbacks specified herein, if the sign'co placed would not violate any
other provision of this chapter.
b. On properties fronting primary arterials, the minimum setback of twenty (20)
feet for ground signs maybe reduced up to a minimum of fifteen (16) feet from any
curbline, if the height of the sign is no higher than the setback. U.a, setback
18 R, height - 18 R. or less). (See illustration 14a )
(4) Number. Only one (1) on-premise ground sign which is not a temporary sign shall be
located on any one (1) premise, except as follows:
a. Any premise which has frontage upon more than one (1) freeway, arterial or
collector street, may locate one (1) on-premise ground sign in the defined front
yard of each arterial or collector street, provided that neither sign is located
within that area that includes the overlapping front yards of both streets.
b. Any premise which has more than five hundred (500) feet of public street frontage
on a freeway, rzterial or collector street may make use of one (1) additional
C on-premise ground sign for each additional five hundred (600) feet of frontage, or
fraction thereof, if each additional sign permitted is located more than sixty (60)
feet from another permitted ground sign on the same premise, The distance
between the two (2) points on the curbline which are nearest the two (2) signs.
(See Appendix Illustration 14c).
i
(5) Spacing requirements.
a. Off-premises signs. No off-premises ground sign shall be located within one thou•
sand five hundred (1,500) feet of another off premises ground sign on the same
side of a public street. The measurement shall be between the two (2) points on ;
the curblines which are closest to the respective signs, along and parallel to the
curbline and across any intervening street intersections,
b. Signs and residential structures. Any ground, roof, or projectinesign over ten (10)
feet in height end any wall sign over fifteen (16) feet in helgh. k shall maintsdn the
following setback from any single family zoning district or property used for a
single-family residence if the sign would be visible from that district or property: '
Ground or Attached Sign Sstbach
Non-illuminated . 100 feet
Internally llluminated 200 feet 1
Externally Illuminated 600 feet
C The setback shall be measured in a straight lisle from the district boundary line
or residential property line to the nearest portion of the sign or its supporting
I
I
Sapp. No. 2 2319
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structure. A sign sha)I be considered visible from a residential property or district
if the Sign can be seen from six (6) feet above ground level from any point on the
property or within the district. The setback shall not apply between a sign and a
single-family residence located on the same premise.
(Ord, No. 85-206, 4 2(App, 13, Art, 17D.2.), 10-15.85; Ord. No. 89017, f X, 2.7-89; Ord. No.
59-151, H II, III, 11.789; Ord. No. 91-048, 1 XIX-MII; 4.2.91; Ord. No. 93-029, f XIX,
32.93)
Sec. 93.183, planned development districts,
(a) The regulations for signs located in planned development zorting districts shall be
contained in the ordinance or concept or detailed plan approved for the district, except that no
off-premises signs shall be permitted. Should the regulations for sigru be omitted from an
ordinance or concept or detailed plan for the district, the sign regulations that would be
applicable to the most restrictive comparable zoning district classification based upon the
land uses permitted therein, as determined by the executive director of the department of
planning and development, shall be applied to the district or part thereof for which the
regulations were omitted.
(b) Deviations from the standards In this chapter may be considered if the continuous
street frontage in the planned development district is less than that required for consideration
of approval of a special sign district, C~
(c) Deviations from the standards in this chapter may be approved as long as the devis-
tiors equally meet the objectives of this chapter, such deviations are necessitated by the design
of the development within the planned development district, and such deviations are found to
meet the criteria as that for creation of a special sign district pursuant to section 33.254.
(d) Approval of devialto" from general sign standards shall be supported by written
findings approved by the city council or the planning and zoning commission, if the planning
and zoning commission is authorized to approve a detailed plan In accordance with Article IV
of Chapter 35.
10rd. No. 85.206, 4 21App. B, Art. 17D.3.), 10-1885; Ord. No. 89.017, 6 X, 2.7.89; Ord. No.
93029, 9 XX, 3.2.93)
Sec, 33484. Central business districts.
• The following regulations shall aPP1Y to signs in central business coning districts;
(1) Type, Ground, wall, roof, temporary, wind device and projecting signs are permitted
in central business districts.
(2) Effective area and height. No ground or roofaign shall have an effective area greater
than sixty (60) feet, and no ground sign shall have a height greater than six (6) feet • •
•
(3) Right-ofway limitation on prpjecting signs. No projecting sign shall project or extend
into the public right-of-way for a distance of more than tan (10) feet or within two (2)
feet of the nearest curbline, whichever is mote restrictive. No projecting sign, sup
Supp,No.2 2320
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C SIGNS AND ADVERTISING DEVICES fi 33.198
porting structure or part thereof which extends into the public right-of-way shall
occupy any of the space between the ground level and eight (8) feet above the ground
level in the right-of way.
(Ord. No. 8&206, 4 2fApp. B. Art. 17D.4J, 10.15-85; Ord. No. 89-017, 1 X, 2.7.89; Ord. No.
93.029, 4 MU, 3.2.93)
Secs. 33-185-.13.195. Reserved.
r
DIVISION 4. ATTACHED SIGNS E
See. 33.196. Scope.
In addition to any other applicable regulations, the regulations in this division for at-
tached signs shall apply to the type of sign specified in all coning districts.
(Ord. No. 85.206, 0 2(App. B, Art. 17E), 10.16.85)
Sec. 33.197. Roof signs; prof ectlom
Roof signs and their supporting structures shall not extend laterally beyond the exterior
walls of the buildirg and shall have a maximum height and effective area as follows.
C Maximum {
Number of Stories Maximum Height Effective Area
1 65% of bldg. height 60 sq. ft. i
2 36% 75 sq. ft.
3 to 5 30%
6 to 9 25%
10 to 15 23%
16 or more 40 feet
*For each story above two (2) stories, the effective area of the sign may be increased by
fifteen (15) square feet per story, to a maximum of two hundred fifty (250) square feet.
(0rd. No. 85.206, 4 2(App. B, Art. 17E.1.), 10.15.85; Ord. No. 91-048, 4 )OW, 4.2.91)
Sec. 33.198. Projecting signs.
(a) Construction. All projecting signs shall be securely attached to the building or struc-
ture.
(b) Prqjection beyond roof. A projecting sign shall not extend upward to a height greater
• than the highest part of the roof or any exterior wall, whichavar Is higher. • •
(c) Size. The total square footage of all projecting signs shall not exceed twenty (20)
percent of the wall area on which such signs are located.
(Ord. No. 85.206, 4 VApp. 8, Art. 17E.2J, 10.15.85; Ord. No. 91-048, I XKV, 4.2.911
SJpp. Na s 2321
•
•
4 33.199 DENTON CODE
Sec. 33.198. Signs on common buildings,
When one (1) or more attached signs are located on a building which is divided and
contains more than one (I) business cruse, the regulation of such attached signs as to sire and
projection shall apply separately to the part of the exterior walls which contain that business
or use.
(Ord. No. 85-206, ¢ 2(App. B, Art. 17E.3.).10.15-95)
Secs. 33.200-33.210. Reserved.
DMSION 6. TEMPORARY SIGNS
Sec. 33.211. Temporary sign.
A temporary sign shall be considered a ground sign and shall be permitted only according
to the standards for ground signs except that a temporary sign not larger than thlrtytwo (32)
square feet in effective area need not be permitted M.
(1) The supporting structure of this sign is not larger than one in which two (2) perimeter
dimensions are greater than four (4) inches or one in which the diameter is not greater
than four (4) inches,,
(2) No more than one (1) off-premises sign advertising the sale or lease of one (1) piece of
real property or one (1) real estate subdivision or development sign is placed on any
one (1) premise;
(3) No temporarysign shall be located within any public street median or within ten (10)
feet of any curbline•, and
(4) The temporary sign shall be removed or ceaso to be displayed within ten (10) days
aRer the event being communicated or advertised on the sign has occurred.
(Ord. No. 89017, f XIVO.pp, B, Art, 17GAJ, 2.7.89; Ord. No. 93.029, J Mal, 32.93)
See, 33212. Wind device signs,
(a) Wind draice identification tag. The building official or his designee shell issue a reg•
istration tag to the wind device permittee. The wind device permittee shall cause the tag to be
affixed in a conspicuous place on the permitted wind device.
• (b) Nonapplicability. The provisions of this chapter regulating wind device signs shall not
apply to the following:
(1) Texas or U.S. /Jags. No permit shall be required to display one (1) U.S, or one (1) Texas
flag; or both, on any one (1) premise. If the exempted flags are displayed on flagpoles
in the manner of a ground sign, the number, height, site and spacing requirements
applicable to ground signs shall not apply, but the flags and poles shall maintain the
• required setbacks for ground signs.
(2) Exempted flag, On a premise, no permit &W be required to display one (1) flag that
meets the following standards;
Sapp. No. 2 2822
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C SIGNS AND ADVERTISING DEVICES 133-221
a. The exempted flag Is displayed on a flagpole in the manner of a ground sign, the
number and spacing requirements applicable to ground signs shalt not apply, but
the flag and poles shall maintain the required setbacks for ground signs. j
b. The exempted flag shall have a ma-,dmum effective area of fifty (501 square feet f
and a maximum height of thirty (30) feet, unless it is used on the same flagpole
used to display a national or state nag. ~
(Ord. No. 89.017, i X1V(App. B, Art. 17G,6.), 2.7.89; Ord. No. 91-D48, I XXX, 4.2.91; Ord. No.
93-029, 4 XXIII, 3.2.93) I
Sec. 33.213. Rcxerved. `
Editor's note-Ord. No. 93-029, 0 XXIV, adopted March 2, 1993, repealed former i
33.213, relative to replacing or alteringnonconforming group signs. The provisions or former
i 33.213 derived from Ord. No. 91.156, adopted Nov. 5, 1991.
Secs. 33.214-33.220. Reserved, i
ARTICLE VI.ILLUSIRATIONS•
Sec, 33.221, Sign requirements.
The illustrations of sign requirements and exemptions are as follows: '
C Illustration 14a
4a.SET13ACKS
GnOUND SIGNS i
r, 516N•: !
Ka,wse ~a
i
_ ly
r
•
STREET
HACK Of CURD
• *Editor's note-Ord. No, 93.029, i XXV, adopted March 2, 1993, repealed former Art. VI, ti • •
19 33.221-33.226, relative to illustratl•„ ir, and enacted a new Art. VI, i 33.221 to read as
herein set out. The provisions or former,-rL Vl, It 33221-33226 derived from Ord. No.
C 85206, i 3(App. B, illustrations 14a, 14b, 14e, 14d), 10.1583; Ord. No. 89-017, it Xlll, XVII,
2.7.89; and Ord. No. 90.182, I VII, 11.20.90.
supp, No. 4 2323
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UM - -ZZ
7777:-
•
3 33.221 DENTON CODE
Illustration 14b
141. MEASUREMENT OF HEIGHT
--Maymum Hew
Hortzontal UN.- J r 11 SIGN
SIGN 1
4 Vertkal11ne
l t
1
I Above Curbiiaa
I
Below cvrbliae i
t STREET
t
CURBLINE MRBLINE
IH 35 MEASIIRF~
Maximum Height Hori:omw Line
l +ati r 400L , 40k
1 1 I
1 I I
SIGN i j
1 I
Verties] Line - rj
t
• ~ I 1
1
1 ! /
GROUND LtM
TRW"AL LANES
FRONTAGE ROAD _
s"upp. No. 4 2324
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C SIGNS AND ADVERTISING DEVICES s* 33221
Illustration 14C f
4c.NUMBER AND PROPERTY B.
PLACEMENT IAlaa T"AA•a.r•1 1t{
~e' sorAaa raaT
GROUND SIGNS ' `I°"' $ d
^i _
r 0
I PROPERTY A. ILL
i •4r0r1+0r rA0ATA011 I- i "
1 SIGN, 120 SQUARE FEET MAXIMUM. I I W
OR
1 2 SIGNS, 60 SQUARE FEET EACH, MAXIMUM.
1 w~ww~ '
w wAw.nw ~ ~ - ,
~A• THAN aa__
STREET FRONTAGE +
C
i
Illustration 14d
14d.
• '`~w ,
set cl
i
too
;~-81100
tr,~ ♦ti I \
Ole
~ueu I
tiaresy r«rr :ti' -
` C
Su7P. No. 2 2325 _
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133-221 DENTON CODE C )
Illustration 14a
14a.EFFECTIVE AREA
_
EXCEPT 10t1S
ENS
99-12 JIM
FEW.: .22
INCLUDED
ertY FAOM EFFE AREA
EA IRCL%;*tu &x 1(\
EFFECTII'E AREA
Secs. 33222-33.25p, Reserved.
ARTICLE VIL SPECIAL SIGN DISTRICTS'
Sec. 33.251. Purpose,
The purpose of a special sign district is to allow properties to deviate from the sign
regulations of this article if a qualifying property has an alternate comprehensive plan that is
clearly superior to what could be accomplished under standard regulations.
(Ord. No. 91.048, S MUM, 4.2911
• Sec, 33.252, Application and plans. _led
Any person requesting the creation of a r,-*cial sign district, or amendment of a sign
district, shall submit an application, the fee and the required 61-n, along with any other
information specified by the administering department.
(Ord. No. 91-048, ¢ '<YXrV, 4-2.91) • •
• 'Editor's note-Provisions designated as App.13, Art.17, paragraph K., by Ord. No. 91-
044, adopted April 2, 1991, have been included in this Code at the discretion of the editor as
Ch. 33, Art. V11, 14 $3251-S3258.
Cross reference-Zoning, Ch. 35.
Supp.No.2 2328
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/ SIGNS AND ADVERTISING DEVICES 4 33-254
Sec. 33.253. Sign plan,
The sign plan for the district shall show, in the form and manner specified by the depart.
meat, the location, setback, size, dimensions, height of all signs regulated by this chapter, any {
other conditions, restrictions or regulations that will apply to the district, and any other
information specified by the department, the commission or council needed to adequately
evaluate the sign plan, Such information may include, buf is not limited to, information
concerning the items noted in section 33-254.
(Ord. No. 91.046, 1 XXX1V, 4.2-91; Ord. No. 93-029, 4 XXVI, 3.2-23)
Sec. 33.254, Creation, review of plan, criteria.
The council may approve the creation of a sign district for any property which has more
than three hundred (340) feet of continuous street frontage on one (1) public street if it finds
the district:
(1) Provides a comprehensive plan for signs that would be clearly superior to what would
be allowed without the plan;
(2) Would be compatible with surrounding properties. In considering whether a district
and sign plan is compatible and clearly superior, the commission and council shall
consider, but are not limited to considering the following.
C a. Scale. The relationship between and compatibility of sign aisle, site teals and the
scale of nearby buildings.
b. Color. The relationship between and compatibility of lip color to the color of
nearby buildings and landscaping: The degree to which sign colors are compli-
mentary to their surroundings.
c. Material. The materials of the signs and how they relate to their surroundings.
d. Shape. The shape and design of the signs and bow they relate to their surround-
ings.
e. Landscaping. The relationship of signs to landscaped features in and outside the
district.
f. Traffic safety and traffic circulation. The impact of the signs on driver's view, the
degree to which view obstructions are created or improved, avoidance of confu-
sion with or obstruction of traffic control signs and devices, and the time It takes
• a motorist to read the sign.
g. lifumination. The impact and compatibility of sign illumination within the dis-
trict and in relation to neighboring properties. The avoidance of glare and light
pollution.
h. Integration. How the signs In the district are integrated into a unified develop-
ment concept with the topography, building design, other signs, landscaping,
• traffic circulation and other development features of the district and neighboring • •
property.
C (3) Is not being used merely to avoid or gain a variance the sign regulations;
supp. o.2 2327
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6 33,264
DENTON CODE
(4) Does not violate the spirit or intent of the sign regulations; end
(5) ComPhea with the requirements of this section.
(Ord. No. 91.048, 6 )pp{IVr 4.2.91; Ord. No. 93-029, D X?ryII, 32.93)
Sec. 33.255. Conditions Imposed
The plenningwW development department and the planningand toningcommluton may
recommend and the city council may Impose appropriate conditions concerning the pla0ement,
design or use of signs in the district in order toProtect
and comply with the intent of this chapter. surroundingprop h the Commuplty
(Ord. No. 91-048, f ) XM, 4.2.91; Ord. No. 93-029, 6 XXVIII, 3.2.93)
Sea 33.256. Procedurq,
The procedures for approval of a sign district and thereafter any amendment of the
district, shall be the same as those applicable to a change in zoning classification or regula.
tions.
(Ord. Nor 91448, 6 X)XIV, 4.2.91; Ord. Nor 93-029 6 XXIX, 3.293)
Sec. 8&2457, Dedsuation on zoning nap.
Property approved as a special sign district shall be shorm on the oIrlclal zoning autp with
the abbreviated designation "SD "
O
(Ord. No. 91.048, IF )CXXIV, 4-2.91; Ord.-No. 93029, 4 XXIX, 3.293)
I
&vv. No. s [The nett page is 2369)
2928
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.l:
-go _7_4 }i F
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4 215.071 LOCAL GOVERNMENT CODE
SUBCHAPTER D. REGULATION By CHAPTER 21& REGULATION OF
HOME-RULE MUNICIPAL[TY
♦I 215.07L Municipality Covered by Subchapter SUBCHAPTER A. RELOCATION,
RECONSTRUCTION. OR
This subcbapter applies only to a home rule mun(d. REMOVAL OF SIGN
ply' Sedlon
Ado IW7. loth Leg, rk 119. 1 1, e$. Sept 1, 1957. 216.001. Lgidatke Idea.
t16,0Q. DeMitio m -
1 215.D72. Dalrtm Staughterhousa 216.003. Municipal Regalatim
116.001&; Ragulatory Authoz#y Not Applkabk to On.
The municipality may Inspect dairies, slaughter- Premtxa SW* Under Certain Ctxamlacu
_ haws,., or slaughter perte, in or outsNt the municipal 216.004. Munktlwl Bond.
lmits, from which mtlit or meat is turni=hed to the Y36.OO5. DttaavInatkn of Arr»unt of Compensation,
216ox Con,imm eian for Relocated Sign.
residents of the munkiNlity. 116.001. Compem.tioa for R0-54 acw Sign.
Premhe Si 9ipc
Acts 19137. 7rah Let. eh. 11D, 1 1. off, Stpt. 1. 1587. tiEW& Canpematka for of of OOftaPrtodee -
gn, Cpnpen,ut[oo for 116010. Method o(Conr;L3 215.071 Vehicles for Hire 116.011. Ta. AII"JW of Property S4tb Noccordoneing
The mun)cipafity mry' Ikm=e. fir the chuges or 3tr.ot± ,jvc 1 PMT fnr &M VrMkf Shp Ord SVTL
fumy made bc, or othem-L.c regulate eny (,cr%on who nunm in E1Tdt oo Jaat 1. 198b.
uw'M, gterote:r. or cont"A4 any hIjw of sehic'le u±ed on v ul-3. Eaelx4rn=- ;
the )x1W streets or alt*ti of the munkiivLty for ttaott. AiVuL
116.01.1. Erred of Partial Iacatkuy.
car .Jng lncaryt. or freight ror mml><•nvtion h i ry tlfi.0i0 to 116 MA mt+rd fur tgw sSuol
Acts lla't7. 711th Leif. & 149. 1 1. W.8-14. I. 1R'+1.
S1'BL'H.U`TEjt % MISVELLANEOLIS PROVIS10 M
1 215.0711.' Oprrwtors or Vehicles 116!411. ReguL,6m ul by Home-Rak Munkipafp.
216 'rrt Re,n+ km elUut4wW.Sipnx In Munkyulky's Ex-
TIN nnunkiiulily tna)' tusxcrtlx: the rryalirwatkn4 of "enitnrial JwWicticou
an gwtvt;w or a cehkle that use the puhlk etnrts In i
the raunkiixttity. $I,*WHAPTER A. RELOCATION,
Anted by Act, 110M, tkh L AV_ rk lGli. 1 t, tM'elt. 1• RECONSTRUCTION. OR
1 J 1.1 REMOVAL OF SIGN
r 7rw 1W. rkt twrlrrtei to .14 thH ftv6m to 0"k" ill a the
GmmNnrnt cad, 1 216.001. Legislative Intent
(I 215.071 Thtatcts: Shows; Amusements (a) Thb subchapter is rat Intended to requirt a i
markipality to preside for the rclomtion, reronatrun 'i
The munkvahty may regulate the location and tkr% or removal or any AF in the munidp+llty, tsar Is
conduct of: It intended to prohibit a municipality from requb"
the relacatiot4 reconstruction, or row-at of any AFL
(1) theaters; This subehapter Is Intended only to autMrice a munkr •
(2) mode theaters; Ipality to take that action and to estableb the pram- / .
dun by witch the mank1p9hty troy do 60.
(3), bowling alloys; and
othet (daces of public amusement& (b) TMs subchapter is not Intended to require a
tnuniclpality to make a cash pa)atent to comptstsale
Atu 1967, iTAh Leg, ck 119, 1 1, off. Sept 1. IMI. the owner of a alga that the mutlclpC" requires to
. be relaated, reeonstruttm4 or reamed. Cash Pay- ,
1 215.071 Polls Power meet to established as only one of atreral m thodl
The munki*ty may license any Lwiul businese or 6•a0 w-Mch a munieipaliV may chose In CMPMU*t-
occupation that is subject to the police power of the In` the turner or a sign.
munktpOty, (c) This eubdupttr 19 not katnded to affect &W
Ada W. 70th Leg, tic 149, 1 1, Off. SepL 1. 1967. eraineot doenaln proceeding in which the taking of a
352
444
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LARD USE & RELATED ACTIVITIES 2l&.005
! ( is only an incidental pact of the exercise of the (1) 0D.prerotset signs in the extrat mitorlal jug
eminent domain power. diction of municipalities in ■ county described by
Arta 1757. 70th Leg, ck 149. 1 1, etL Sept 1, 1957. Section 17, Artick $ Chapter 221, Act' Of the 69th
Legislature, Rcgulrr Ses*g4 1985 (Article 6674v-3,
1216.002. Definitions Vernon 's Texas Civil Statutes% if the Circumstances
In this subcbapter descnbed by that section occur, and
(2) on-prernhAs signs in a munkirAlity's extnter-
(1) `Sign" means am outdoor Ftrwtum sign, dis- mortal jurisdiction in a county that borders a coup-
play, tight device, figure, Ira(nting, drawing, Ms' ty de:aibed by that law.
rage, plariue, poster, billboard, or other thing that Is Aug. designed Intended or used to sd'eutiFe or inform. Am ~dlby Acts 1'SfJdg,~7j ILeg-ek M 1 L IM
(2) -on•pltm(.e sign" means a freestanding sign Ang. $0, lei.
kkittifying or nfi'ertWrg a busineta, ptt'aufl, or
activity, and Installed and maintained on the same 1216.OW. lfunklpal Board
premises as the bu_sirtess, person, or activity, (a) if a municipality requires the relocation, rema-
N) "oR-premtse sign" tnear>_s a sign dtV13 ing struction or re,"al cl a sign within its corporate
advertising copy that pertRirs to a bvmress, person, y!rits or extraterritoriz) jurisdiction, the presiding
nlraniration, activity, event. place, %or-lee. or prod- o(ficer of the governing body of the municipality Fhai1
uKt of 1, hcipaAp loc-jt-d or latinnarly manufac- appoint a munkilnl board on sign Control. The bcud
lumel Or FoW on the prvmL~es on whka the halm Ls must be compose, of:
ktt ato 1. risst
k•t} 7fRh I.eg_ ch. iv. 1 L Ot ~1't 1, VC", Le a (1) nx t.n amher real in es gootated app starxnlsGng o of e + ach ofa• na5onatlly am t•eco6'
i 2lront Municlpal Rexulatlon nizcvl pmfmional al>[t1•alsrv FA"Y or trade agad-
utYxt Uut has an t4ablisherl Code of etbk-, cdu-
(a) tiul,jcct to the rcytuuemimts of this •ub twl ter. ,-itvmal prvg sm, and pnvfeF.3uru1 certification pro-
a muuirilulity awry reYjuire the relurukn, recrrnannx- gram;
Lion, or nenovaI of any rign %ithin its ci*lxjr•.rte hmilc r ed in the }IhL4resn fn
e.mi-Atenit'-flW jui-L'riktiun. t_) one lKnm emgag gn
lha munkilwlity;
(b) The owner of + 40 thit La re iu!"'d to be (3) One employee of the Tecz_s Departmem: Of
rekrc lol, IvComtructeti, or renvnr+l L+ entitled to Ix inn who m familnr eith real estate onto-
Cnmlxm hrl by the municil silty fur tt-em a+.+ociatcd TraR L
I athas inxnt domain procttdings: and
tt-mm'aL
rich Urc relocation, rCtpn~frVrtwn tW t
(4) one architect or landscape architect been t
(c) if a1r1,1ication of + muniviprS reptul:rtion ovoid by thLa Kate.
require reconstruction of a Fign in ■ mRmn^r that
v.oukl t ke the Fign lneff"c'the few its 9nlen('e,d pur- tb) A member of the board La appointed for a term
pose, such a-s by substanti:illy impalring the signs of t•ro rears.
%-LnNhty. application of the regulation b treated as the Acts M7.70th Ler. ele 14?, 1 1• rC. Sept. 1.1957. Amend-
' regttirerl rednoval of the Fign for lrt:rp~c+ of this eJ by' Acts 1!6,,) 71:4 Leg, & tit. 1 2. eft. Sept 1.:957
Acu 199:,, 74th L-g, eA 165. 1 m% eft. Sept 1, 1995.
subchapter.
j (3) In lieu of paying Compensation a munklpality 1216AOS. Determ(nstton oS Amount Of Compett•
' tray e"cen.pt fnrrn required relocation rvodndructiom, Nation
a• removal Urase signs lawfmliy in place on the effec• (a) The municipal bond on sign Control iW deter-
i tive date of the requirement mine the amount of the compensation to which the
Acts 1997, 70th Leh, Ch. 119,1 1, eft. Sele. 1, 1967. Amend owner of a alga that 6 tequhed to be relocated,
ed b1 Acu 1989. 71K Leg, rho 1. 1 87(m), eR AV. 48.1799. recor,inded, or rernmed is entaled. The &WTr(na-
1216.003.4. Regulatory Authority Not Applicable tion tha11 be made afterthe own~~ the the rign It 91M
about '
hearing
to pn•Pren.visea Sigma Under C ertaia the opportunity for a e
involved in the matter.
Issues
,411 Circumstances
The authority granted to a municipality by this (b) In any Court proceeding in %Akh the reason-
i subchapter to require the relocation, re(vast"Ction, ableness ct compensation d+ at Lssue and the iw l) m- • •
or removal of signs does not apply to: Nation Is to be provided ore • a period lonM than era
353 '
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216,005 LOCAL GOVEMMEKT CODE
year, the coutt shall consider whether the duration or if the sign did not generate revenue for at kart one
the period Is reasonable under the circumstances. month preceding September 1, 1935, th% computation
Arts 1957, 70th Leg. 6. 149, 1 1, err. Sept. 1, 19j. or compermbe costs is to be made using only the
average annual gross revenue received during the two
11 216,006, Compensation for Relocated Sign years preceding the month In which the removal date
The compenuble trots for a eign that is required to of the sign occurs, and by multiplying that amount by
be relocated imhxk the expenses of dismantling the three. In determin rag the amounts under this para-
sign, transporting it to another site, and reerecting it. ' graph, a sign is treated as if it were in existence for
The board shall determine the compensable costs the entire month if it av in existence for more than
seconding to the standards applicable In a proceeding I' days of the month and is Leated as if it were not In j
under Chapter 21, Property Code. In addition, the existence for any part of the month if it vas in
municipality shall Lsue to the owner of the sign an e.xbtence for 15 or fearer days of the month
appropriate permit or other authority to operate a (b) The dmmer or the real property on wfikb the
substitute sign of the some type at an alternathe site sign m re. lasted is entitled to be compensated for any
of substantially equhalent value. Wwther an alterna• decdez;e in the value of the tral property. The
tine rite L of suh:tantial!y equivalent value is deter- cnmpen-able tort is to be determined by the board
mined by sL^ndiatds genevally accepted in the outRbnr occonfing to stantlar b applie-a a in a proceeding
alt:ertWng industn•, including ri ibftity, traffic count, under Chapter 21. Prdxretty Code.
and demogntphle factors. The municipality shall eats- .kts HrT, 710 Lug. 0, 149. 1 1. rrI. Sqe. 1, INT.
pensarte the owner fur any 4xnuel openiting costa,
including increased rent. at the neu kK-atimm TFw, 1 216.1Mt9. C'omprm atinn for Remdrral of th}
ti. owner is reslrinsible for cksignating an altetnathe Premise Sign
site aficre the crectkm of the sign wucdd he in compli- For an on-IrmmL-c• sign that is rcquirtrl to he I+
ance with t)K, sI)m mrhnAntr. rmonsl, the mmlwrn~lrk vr!t is an PunmrA cdatgrut-
Acts UK, 70th Leg.6 14a, # 1, elr.:w(R- I. 1:eQ, vil lp rkietmininyt a ntssrrahie Irdancc betwttin the
I! 2M U7. Compensation rw RcconAnK-ted Sign rxiginal (i)s4 of the sign, k-ss rkywcc ut on and the
tuiivrtt rcT,imvrWrx art of the sign, kA an adjust-
The ermlkn+ahle oxt+ bw it sign that i, ntrtuirol by ment f,w the prv~, -M age aal vi^r m of the sign.
tc rrmn tructc+l include evlKmc" or L,Nw aryl mate- kt, t:NT. Troth 1.%_ rk IY.+, # 1, OT'aj t 1. I'Zo.
Hat, and any Irns in the v Juu of the s1~m :rue be- thu
retvnsuvutkrn in exce..s of 15 pervent of that value. 1 216.0111. Nfeth(KI of CompcnsAMM
The boartl shall determine the ca,mlvn•LWe t+r.ts tut Tu pay the cyxtgx-n~u!& dxaLs mjuirtd uryk-r
accwting to ,tunrlarls applicable In a prix-ecding thh sulwhaidar. N, gmerning body of a munka rality
unckr Chapter 21, Frolmly Cale. may rt-e only a mc0oxi. or a combination of the
Acts I!K. 70th Lv.r ch. lea, 1 L erf. S.Te. 1. 110(7. nxth,x6, Iwcscrilml by thLs smtion.
1 216.Ki compensation for Remwaf of Off. (b) If a rdgn Ls rerluirai to be reiocakd or r4ww-
Premise Sign structed, the itumicipality, acting pursuant to the
(a) For an off-premise sign that is required to be Property RcKeyel(jxoont and Tax Abatement Act
remooved, the compensable trout Is an amount comput- (Chapter 912, Tax Cade nay abate municipal prot~
ed by determining the average annual gross revenue 1 erty lases that otherwise would be owed by the owner
received by the owner from the sign during the two ! of the sign. The abated taxes may be on any real or
years preceding September 1, 1965, or the two years ' personal property ouTsed by the owner of the sign
preceding the month in which the ret oral date of the except residential property' The right to lbe abate-
sign occurs, whichever is less, and by muhiplying that E menl of taxes is asslgnabe by the holder, and the
Amamt by three. If the sign has not been in e.,ds- assignee may use the right to abatement with respect
tenet for ■ll of either two-year period, the arerage to taxrs ou any nonresidential property in the same
• y annual gross revenue for that period, for the purpose taxing )urisdclion. In a rtonkip"y %twre tax
abatement R used to pay compensabee costs, the costs • •
S of this computation, Is an amount computed by dnid• Irxiude reasonable Interest and the abatement period
ins 12 by the number of months that the sign his
may extted foe yon
been in existence, and multiplytng that result by the
total amount of the gross revenue received for the (e) The municipality may alloctw to a specGi fund
period that the sign has been in existence. However, In the municipal treasury, to be known as the sign
Sal
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LAND USE & RDLATED ACTIVITIES 216.014
I
C abatement and community beautification fund, an or made In accordance with the applicable procedures of
any part of the municipal property taxes paid on Section 6, Chapter 221, Acts of the &Qth Legislature, {
signs, on the real property on which the signs are Regular Session, 1465 (Article 1015o, Vtrnon's Texas
located, or on other real or personal property owned Chv7 Statutes), and that taw is continued in effect for
by the owner of the sign. The municipality may make this purpose.
pa;ments from that fund to reimburse compensable Acts 1487, 70th Leg. eh. 149, 1 1, to Sell t, t967.
costs to ox•ners of signs required to be relocated,
mccristrvcted, or removed. 1 216.017. Exceptions
(d) The municipality may 1mide for the Issuance (a) The requirements of this subchapter du not of local of sign abatement revenue bonds and use the proceeds apply
to it sign that was erected in violationof rase
to make payments to reimburse costa to the owned of ordir.rurM, laws, or regulations applicable
signs within the corporate limits of such municipality of its erection
that are required to be relocated reconstrtxted or (b) The requirmients of tb(s subchapter do not
remm ed sppty to a sign that, having been permitted to remain
(e) The munlcipality may fray compensable costs in in place as a nonconforming use, to required to be
cash. removed by a municipality because the sign, or a
Act, 1!x7. 70th Leg, ed 149. 1 1. ear. true. 1.1'.P7. Amend- puhsUntial part of it, is blown down or otherwise
eel 1,) .get. M9, Inn l.etr., ch. 1. 1 ;Oil 10. W. Aug. M 1489. destroyed or dismantled for any pwp0se other than _
rna nteunee operations or for chpnging the letters
i 216,v'll. Tax Appraisal of Property, With l~on• svmrbols, or other matter on the sign.
conforming Sign (c) For pur•p<sses of Subsection (bk a sign or sab-
wFith a the each i priatc fo pnnrinfngvcrtsy tignax the .I fbrwurd shall fife stantial putt of it is corMered to lace been destroyed [
al propriatail1 office the only if the cot of reloairing the sign Is orore than 00
bnarors campntsabie cvrt.i value appruisal of the silen, petrcnt of the roil of erecting a new sign of the same 4
The ij4lrolsal t ffice shall consider the hound's aplmoL,- t}Tw at the same location. }
A whvn the or", for Wlrrty tax purlo-r-L-, deter.
mint-s the ap,rr-aised value of the real prvittty to (d1 This subchapter does not limit or restrict the
which the sigr is at(achc& congrcrtsaLion lav%-Woes of the Hghw•sy Inraudrieation
Act, Eke-J. Toth leg. rh. Sato. 1 1. ett. StjA. 1, 11ai. lxovL4mt mmikinecl in Article IV, SevtLin 1, Chapter
741, Acts of the 67th Legislature, Regular Session,
i 216.1112. Special. !'soul ^s for Signs Vndcr 113.11 (Article 4177-Rs. Verrmris Texas Cwl Statutes).
Sign Ordinance fn. Effect on June 1, AA, Irrti, ,00% Leg. eR 119, 1 1, elf. Sept. 1. lW7. Amend_
19.$.3 rl by &co Wit, T&A Leg, ch. la, 1 2C4 WN eN. Sept 1.
1991.
IaJ Thi' section ad>f>lics to rnmpen:atian far the
rtgksinrrl relocation, leconstrvctton, or removal of a 1 216.011. Appeal
sign under a munictjW ordinance in effect on June 1,
I9S.y, that provided for compensation to the sign orvn- (a) Any poison aggrieved by a decision of lion the board
boa
er under an amortization plan. may file In district court a verified peti setting
_ forth that the decision Is illegal, in %+A or in pail,
W For a nonconforming sign erected after epbem• and specifying the grounds of the illegality. The
bee 1, 1953, or for a sign in place on that date that petition must be filed within 20 days alter the date the
later is made nonconforming by an extension of Jr Is rendered by the board
strengthening of an ordunsnee that was in effect on decisica • 1
June 1, 1983, and that provided an amortization plan, (b) On the filing of the petition, the court may issue
the amortization period is the entire useful life of the a writ of certiorari directed to the board to rrvkw the t
alga If it has not already done so, the board shall decision of the board and shall prescribe in the writ s
detenmine the entire useful life of e(gns by type or the time wfthln which a return must be made' which
category, such as mono-pok signs, metal s(gna, and must be longer than 10 days and may be extended by
wand signs. The useful life may not be solely deter- the court the original
mined by the natural life exptrtarcy of s sign (c) The board is net r qutred to rKurn
(c) Compensation for the relocation, reconstruction, papers acted on by it, but it shalt be sufflcitnt to • •
• or removsl of a sign that, on September 1, 1485, was return certified or sworn copies of the pq*M The
not In compliance with the sign ordinance shad be return moat concisely, act forth all other facts a may
, 54
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4216.014 LOCAL GOVEM"ENT CODE
be pertinent and material to shm the aronnds of the i 1 216-902- Regulation of Outdoor Siena in Munk•
declti~on appeased from and must be Teribed. lyality'a Extraterritorial Jurisdiction
(d) The cart may reverse or affirm, wholly or (a) A municipality mi'v extsnd the Provislom of"
.
Partly. or modify the declslon brought up for review. out6oor al rcgu n ordinance and enforce the
~ ordinance within its ts arm of extntterritrxial jurisak-
(e) Costs may not be adored against the beard Lion as defined by Chu ter 41 Hotre%-er, any munki-
unless it appears to the covet that the bwrd acted polity., in Leu of the regulatory ordinances, may allow
with gro!s negilgence, in bad faith, or with malice in O,,e Texas Tramporte-Jon Commlisloa to regtttate not-
msMng the decblon appealed from door signs n the mi nklpality's extraterritorial jutis-
Aci.. 1957. 70tb Lei, di, 119. 1 1, ea Sept. 1, 1937. ~ diction by filing ex Witten notice wit)r the commLas(on.
1 216.O1& Effect of Partial Im'alidily (b) Ifs munhti)'Ality Went& ILA outdoor sign ordi-
nance within it area of extrrtenitorial jurisdiction.
ter) The 1cgLelature declare" that It would not have the munic)144 onl'uunce Yvixm ed-*f~ the n')rutatii"
enacted the fuliouing aithout the 1"U-firm of Section 't hnpovc-1 Ly ur viiiitnl ontkr t'Iulter.,04. Tnucpor-
216.010(a). to the extent that µrottdon excludes meth- ( tat.Wl- Uric.
aLs of CgnixTLSation not epecifkall}• autMrtized by that
ii (c) The authority rr"od to a mun"Wity I,y thL. I ,
praatsiun, ykctFn to exk'rrl Ira Intl,U,or Figm onllnanek t4x. rr t
(I) this whchyiter: 211j), tn:
12) Section 21(.4)W; (1) rm-Irt'miv~ Agni in thv cxlrakTritr*i",ti jurL--
(:i) Artitie 2, ChApter 221. Acts of the (Rich IA•i.•ih (Uakici of munitiialit4in a ptuLLy davri)KA by
C 6turr, keguUr tin+ilin. lr tArlkir 414i74v-k Y.r• Chalgor :Crl, Trjnsl+irtatiin Cotlf , if Ow, rinvm- 11
none Texa.. Crid StatulLe Y. aryl -LVxM t lk-~Cnlx'd by th:u %atlkm'Krur,
('21 on-jimliliscs elims in a rmtrrk•i[ulity'e axtr+ttr-
ndnKn4 murk to`kxtwn 1, Pnrlxtty
re.) the rune -
Rc00ciolnttnt aryl Tax Aluiwwl Art (Article- ritrniAl juristtictiin In a ocrAy INit IK nkr+ a uw r
lUra. Vero s Texas Chi[ SUtutos)' by Amick 4. t)' rkscOx,l h)' tNit L• %v. n nil
Uhnpter 221, Acts of the filth l,egislaturY, II(ViLir ((t injoLinn . MirhN its the v%(mtarri( ,rU jurk-
Sc"son. MI. rl'a•tir n iri a nrunicilsrlity with a 1-4RI 1k n 1.5
mill' n or rpm that urv LKatt,l in a lvKnlty that L.
v%csion (l)) if [)tat c!d inn of aitel'niltit'l' m,)n by is final arlj L Vnt tit the nKrrltt' lit a'hkh ilk` nL•r}orily of 1h.
juflgilKtrsetionnt E of it ht crourt nval of id for competent enynt ju aunrtstlkttiaon, f thinale Lim] it till` rmirk-ilalAy Ls kKattsl,
enXiments deeanbtd b)' Subsection (a) arc VIA& Att. Ite•i. ,ikh I•rrt_ek IA+.1 1. err-Nit. I. ItP7, ,trn,1,1-
"I Irv My l!ttir. 714 [Ay-cii. 1, 1 4VO. cif. Nrg. -K Wt
Are. i(A7, 7ah Left. eh. 140. 1 L tlr. tint. 1. f'Rtt. Acts It t Tsn1 IeY. ch. J.'C. 1 t. r(r. Aux. '01. Ix91: MA '
+lteie+krL e'er, VICA, To tole H alt.tar. ar2r ISOA 74th Lei., ch Iii.! VM arr. 4i e. 1, 1!r0L
(Sections 216.016 to 216.900 reseri-ed for expansion] CHAPTER 217. MUNICIPAL ItEGUTATION, OF
• NULUNCIS AND DISORDERLY CONDUCT
SUBCHAPTER & MISCELLANEOUS
PROVISIONS SUBCHAPTER A. REGULATION UY TYPE
A GENERMA.AW MUNICIPALITY
i 216.901. Regulation of Signs by Nome-Rule Mo.
niclpality 217.001. Manidpapty Covered he Su)xhupter.
(a) A home-rule municipality may bcewe, regulate. e17.00L Natsana-
• control, or prohibit the erection of signs or boboards L1IM& QLlordettx CWAWL
[Sectkm 217A4 to f17AY0 rewrivil for eq*nA nl •
by chatter or ordinance.
" SUBCHAPTER H. REGULATION BY ME
(re $ubsehe to tdoes rnote rtrauthorize aetion, m or removal d R GENERAL-LAW MUNICIPALITY
to regulate the pte M.Oti. t•Iani*rity Co+ered by fiubchapter.
of a sign In tiolaUon tbn of Snxhapter A. t'l7.091 Nalwxe.
Arts W. T)th LAI, cit. 149, 1 1, eft Sept. 1, 198'. (Sections I1TDrl to Who tamed for expanaical
r
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r TITLE I 'r DO,
See.
Ill Cee. 101, 5K6041 131 of title U, U044 $talet Code, it lorlted to 711161.
Iead at follows:
Of Ul. Control of awldeor adrertuiq
"(a) iha Coelttte httth finds and dectarm that the ersctiea and
ams dfncmttotMInterstate Systeemlanndtheprimi y%ptemtha+ld
iw tonlrolkd in order to protect the yabKc in, W ftmat w such !sigh-
s!!ti to pfoaofe the Safety snd ncrealroaal slur of pubtk tnttl,
andtoin"risnaturalboot .
A
"(5) PaidEf``hKay dsayportiooedanar A0 Vaio
1 to any St Gore %Akh the $eeniary dttestamts Em figs nd made
prornlan foe tfxt3ra COMM of iht tttdien end w3ntteanre along
arldooeldnttulag
the intarsUts Sltttm and tha ppnoary s1Stem of
v4flk displan PM drrkes m kh an .~Mhiy n su hoAdrtd and Slaty
l te tarat of thr al lw of k cystearm, the ah11t r#4•*1dtimmmts Igal to 10
umofthe nwuartioustwouldb b kh
n4 w hkA would dbrs'rise bt appottronad 14such
tenl o! aq
State under stctlaa 104 of WS silk, "tA tech lax as we%State shall a Sul. a".
preside for each elective tontrot. Any LM&Mt such is wllhtwld
f rum &P pit to Roy state ktttande1601 be rappontoted, to
'he otter SLfm 11'henetrr be defarmblas It W 1,1 malts toned,
Inle+sat, aha Sattatary.snaf sasp+nd, fog twch petldfo at ba dtvtt
neteeSar+, the applksifon of t►a sabualoA to a Seals.
`(t)F.ltairecantrotlreanfUatatttr~raoaryl,t~~A
dkDLyS SO derrrae 041 pparsuam to We sect3ay
(1 , d eeetfonal Snd other otb 1 sig" and notices, which sip! sell
J1 tae tha11 metedt, but Aof to Lmitad 10, i Sµ and.~hs wal i;Pd
to natard sunder, Sceatt end h1Ko&al atir►d
et sutlwei tell b!! law, Rb'Kh A all too form to nut ionJ st►edatdS hateLjj
bs pro-m-ogatsd by the 4cleary htnunder, &
AolhM3rad to
and. rdlSteiltor.! $4111, pS~succh o oher l Mthe ument= as ma b cime LW' t
LW' raFta i dts la and daricea
ApyfoRnateto ImDleAxnl thkstctbn, (41 s'i^/rhkh tbt~ etc Yxrtd
AV'selL as aA sa t or hall of propert1 s?vrt•
strl (3) aynt, difpl+7i, and dsrko sEdtertiwnll adtntns
on theptolxron Whs. (bey an loeatd.
'(d) In 9474 r to pr"mAq the ro%oonabh. orderly and tlectite d3s
rLy of yrtdoee ed"'rui,naWh lle ref Sant colt Aal Wit ilm,h a pew`
pose of IhL redloe, 6131mot ap 1 h eilred
.pat DWeen ent With pt $41 n As e drnttlettoised be
Rlry,lratyt beL.rfen tAt str tr► Sllo and Il+e &a f, MM7l~ rlj~ %U*" "d U21Y ncwrto t edge of the rrfht of.iil 'mm rime adjtteut to tm T(RIK-
diets and 9r~otr7 taa shkl are toetd indented or omear '44
tud•r art ly ofslIsd~ 5+ate Igo, or1tin 1101COO ooetarMIAl of inIW110i0)
A u mat W dal 'a,Sdtmom sFoll IMimi 've f r`oiu b~irIt?rv 8a 1Wu
An4 the Set I ee tore atlas !K tomnetettl at iI nasal
eA toff3Dt pvrpr
O,
and the fcttona st thr CtttM to rhls fegatd will b+ ate+pltd (K t
i
dip
i~r'
~.-w....._.-... z
" -
AUG-19-9TTUE 14237 711.62?.-048? 713 629 0493 r•03
Pub. ),arc g9•ii5 2 • Ortebet ii. 1965
71 M.. VM,
C r of t►,. Ad. liolhielt Im t>tta a `ttjlf~t• •a'
l) ! •
d" laI am d"ir"t tats ml to In cJtvm nef (2
( am we. aae$
4)(a) And al~n, dim or &Ike low fa y In atwor4t I the
• rotatrlaN tllslemxll"eederslaidpi,ma tT stpWiter rA to leab, pd U dos eat o1, "ric. oatocrn Any otber rtes ~ eq a ba Of Irma law-
trnared ntd~bk7h do" mat conlarrn !e d!t seal{oa"tbatl rat be
fully ertcted
after it 6eaotrrrf
rpa.Rd lob moortd t,Mi1 t(M end at lka fiflb Pat
aoneoaforming.
Thu Sertttar7 skull, it'Wealtefon with 69t a l'P V*A
s'rt61nQM~~ylttaaof•►allortreeettapQro e~
-gs, 6W A*
ektapaa a )f a Imse care 57atwe oe tr ,d, a d'aP~
gglryy .pie lia inforasatwn le the {altreat of the Ira stn
be eeectW tad ruiwttlnad. b $ ~ a r b al;re thtll eoalor. O n g et"rr(~ r J loo p''otaulplod by k pa v 671. l+ r"°°'.! et tb ld•
{eieal,loore reereLldirpta 8npla7a,etsdde+icea-
of
(lI~ lowfvll7 It tanleeoe an tbt date of a"t"om
• (t) thole laslr117 on te71~ 7 Me& It put of Ile !clew- +
tote of prim~tleTM on or eFert d of tWreA sMt of tbit
wbaetioa all eta Jvt*ry ,
0(11) tear )atfdl7 "acted an 4Walm6J0042r,r call a.+ s.ch
Ito redact skiers 409h ranperot c
camse Maker sun to Pam for tba fotlowit{:
• A) TU takiej from eka owner of soc6 ripe ~pi►f
of to r1gM. lak, kaa"ke1d, and laaertd in I k t1p4
er dar)a• and
.Y~S) TM Is" ttoal the arawr et 1ka ml 7 as rkkk
by ewe, diepty, er dark* N leealad e! tM ' l N peas and
pfrta,n sue o'i•ti diapls7ti led daetian tbatate
K(1,)S An p+lllk lead! at te.ec*ttime of I),# United "A tM 0
e" adiseent to tap oortiom rf tb blerM+M 97d ~~rtmI
glum ahep be ooa tolled ie camera wkb lk Fie
e"dloa end r ratieael to htdatda Wien I Out b7 roc Berratatif Ae
1d.mHr.a •(i to a h &i4 1►IR i7 &Po't1O Als araefleaattleftfrreM~as to ,Y -
C I rr~rn. llNlrttJtis udtopetaitittwo.haaaldlnulor4stw~dadr~~
ptrnphhtt laeabe Wade tranable at oafs eeddtave 4leeriatiat~~r• to 11n
rpprat
4•eSK
et aatM theS no orett ectVia, t for r the pity■i aa of lnfoual"if On
t tees J
a1 plot" o yrlered r+ilhin Ibe gate end pa.S/iej trek Mb"
latorrrstior. as a Stile may caeaidtr det+rab't
' Aa State hl nl daaettereeewbk~ "rh will «
• ) J p1~! errl Into a■ ed
Mwr a4~ a 1n~rloA ea Jame cad r uatreente of eddear
taq to etaud tlN atactie~ y
.iR f dapLys,tndde+lenira~~ttdjac ti to err ere Jsl,
rkalfm eftlitled to teaito the bola M7
bat Ao eotb State b10'tS} jrparlratnt aheG trier
to Nth Paymoell v kw tb a bl ale srll►Ssa the teMral *1~
auk lot~taWrt or !M matte! Iced l7 tlrle WOW, ~r~e5s
jW-A
traliatltrcler• SWIP•YNA018 ~riQ . Wayft"a.~rettiea
rmtdelaetr7 ael lkNaeaft'iom. TMP"
trd k to"ote"d 1s tAMe any $lote from Out 141111108 catcher
"dad'n thin aediae
ti •(t! hotliv eMloa tkaU prakilrl•e 8tala C=t air. .
1hYalieaa sAk nepad M "1Wly ioM
Mtmdardt h+M110,I : Amt,
• pi. end de" as Qe redetd•ttd Wbwo7 o7etama
et "&r this tettlan~ j
,
L
L • t r 4 tj~W~. a."' 70 ,•tt~+ f~', 1, I ,4"~!~~~.'1~~'j• F~'oj'7~ ~~5~`~ ~1,~ ?„~'.(~.J. ~~-I['i~,)., ~ vyu!I
0 i , '4 4..
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AUG-19-97 TI,E 14637 713.(t29.0485 713 629 0485 P.04
C f
i
October 22, 1965 3 - Pub. Law 69-295 tic st+t. unto
'yl) Not lest than Siaty days before mektn; a Nia1 dettnuinetion Ob.
to Willrhobd funds from s State uadtr uibsed (b) of this sectiW,
or to do So under Subsection (b) of Wl1)Oh 136, M •t'h respect w
failing to agree a4to the aisr,lighting. ,sod nsofsigns,dupLyyss,,
and dtvwte or as to oasooed t.umtrnal or tndusrnal anal i° ehkl
si~~oosa, displa s, Sod des ices any b} tried and nslnti,Md nndtr
/ubsectioa (ij of ells action, or Walt respect to fetlare to approve
order subctcttoea (6) o1 suction M. the Secretary, shalt give. %fit"
ruler to the State of his proposed detrrtsirutton and a Hatement of
the reasons thuetor, area dul>a6 tucb pparka shall gM Al Stott an
opporfanity for s hesriaa en suck dtlerminAlW4 Fnllowiai such
1,44601a Ilea Seen"ry sfull issue s Britten order Setting Will leis
Lai dgenolnmirm s:rd shall tussah atop of each order to tlkt
1 Stale. 11'itlein fort-Art days of escet of sash order, the $tsu
may appeal Such Oder to gal l niterl Stain district tenet toe seth
State, and rpoa the Rtina of such appcd such order shall be stared
r Wetil Rral fud6mtnt has been t°ltrtd on sock OPC Sumer-Cos
anay be screed at any plan in the United Stater, 77N court shall
hale jarlldiction to a rm the dererminstwn of the 84tretalf x to
srt k aside, in sews or in part. TU jodgarrat of el,a coari shad
be subject to review by the O4aol States toaK of appals foe the
circuit ie .hkh the Statr Ir located end to At Seprema Court 60146
C UaAed Stags upco sect" or erclifitat,a° es prodded {n bull `1es
U°ited,%tar Code, sec" 1254 if bypa rt of as slywrlionlsmt tic fleet. sir.
to a State is Withheld by the SacrMUy ender wls+ntio° (b) of thus
Section or svbwclion (b) of action 1114, the amount so aithhe/d Shalt
not be ttapportkned to the pllr States es kns as a sus: lacou jlt 1Y
such Sure alder this soNeMkn is Pe°ding. Seek amount shall
ntnalu srailable for sppoelkament in accordance *kl the Real judg-
mennt~t and thFs eubarlion. Fends *Ahheld from suorlloamtst Ind iirm Orgill tt fu tip~endRnn foe cli t full I.a! fcarsiiher At d► a et
such appoll ionrteeot or redpPogionm tot as the east may be. a na/ter.
(m TMn is a~Alari:ed tell eplxolxisled to Terry out eha per e►tM
Zorn of Ihts too, out of as ttu ii, tb6 Trenner sot a r•
WiY apyeopriated, °ot to estad 1'90,(QN for its Bsral ynre°dlnd
Jun430,1p66sndcwttotunedfA01A~ppforkill Rsnl55Sirw ing
JuMfa,il6r,. mop"Iori fliShi TrustFundshAtI eerelrble
10 carry out tl is std son "
VOWS Colt G imibl eofby~st rikin~ eat letiput 1 of skit 41 of t86 Ueittd
1111. 1,»u sl)la l I *Qt 11 WAM 6y+-w-
• and insettios inika Acted
-att. C"" et Ws"P aCirl Wea•
Ii TIME 11
+ Ste. "I, Chapter 1 of title Is, Uaded Stales Code, It corroded to it W tot -
add at (la tnd INAMI ehs foltoWini; oust ledWn t
e~ A -
134. Ca+frol of Jariltyaris
• 1k "(a) fit Con~tna M httsbl Rndt sad c1cechms that tl t p ties r- • •
a°d sse and taawuaanr+ol jaal<yarda h M era anal sdjsRtst to the It+kr
state System and the priirdify Mtge should),e COMretted iA ordtt b
protect tltpeb k latest metal to reach 111JUSaya, to promote like SO My
sadrtcnstwnalValwefpubliatnrel,asdtoprwn't°atrnlbeast . a KtM,t
"eb) Metal clot hlthWsy faads ap7%1 6" Ices on fSheeerrJLAU t+►'s,, etu• sel pro- 1 , to oaf state Whkt the Reerota7 art a'Rnq
NIPPON
r
•
Pat -
•
•
RUG-19-97 7&L 14_,38 713.529.0405 713 629 0405 P.05
C
Pub. Law 89.285 4 October 22, 196S
n gaits. veto _
vition for eIIective control of the establishment and maintenance along
0,* Interstate Syattm sad the ptintsty system of outdoor juuky~`rds,
which are within One thousand fret of the ntsitot tdg+of the rittL -of-
way) and visible !coot IM auin traielad way of tt,o system, shalt bes
rtductA by snwunts equal to 10 per centum of the amounts which
could oiherwiu bs apportioned to suck State under uction 103 of
tLlstitles until wchtima as such State dull provide for such egedit e
lt.appsrtterw.ne control. Asy so,ount sbkla is withheld from apyortion cent to any
ef ritN.els Staff hereunder shall bs tsipportinaed to the other Stilts. 111en•
rune.. over he deteruijnt4 it to be in the public intereer, the Secniarl only
euspenA, for such periods u he deems nett awry, the applitattoot of
this sulrxct ion N& Sub.
" e) £dectire control means that by January 1, 1964, such junk.
yards eliall be Refined by natural ob'ttls, plantings, ftMee, or otber
sy~propriate totsm so a not W to rtrtb~a from the nraln traveled wayof
t6h13y tm,orAallEoremovedtromilgM.
oertnltl.a,. "(d) Ths term 'Junk' shall mean old or wrap copper, braceu,, rope,
Eggs, littleriff, ape r, tm "Roar debria, waste, or lunlrM, is•
mantied,orwrtcTcediutawobtln ocpsristhereof,irun,eteel,andOther
old or scrap ferrous or nonferroui wtteriti.
"(s) no emu 'automobile ATtyani' shalt mein any esrablish-
meat or plan of buslnst whir t,Is maintained, used, or operated foe
C storing keeping, buy7ing, car whin wrteked, wrspped, ruined, or dis-
mentlel motor tehicld car motor re~kle parts.
"(f) The term'junlgard' aluli roan in astabliehmeal or place of
business which is tnsln1lsintd operated, or used for storing, keeping,
buying. or aalling junk, or Yor the malntensnct or oferilwa of an
automobile gravcyard, and the lam shall include garbage dumps and
sanitary Alit
"(g) Notwithstandinganyprovi9foaold,ueection,junkyuds,+nte
graveyards, and acnep w.tat processing facilitles may be cperattd
wit) in arias adjacent lothsfatetstale Sysittn and the primarysyatem
which are with[* one Ihou9+nd feet of the newest edge of chit rippl,t-o6
wil and which an toned Indurtritl under eulhorily of State Iaw, or
altc). are not cored ender authority of State law, but an used for
ladusttial activities, as dttsrmined ty the several Stales subject to
spiroval bJ tLe Sec every.
(b) NUhAsnding any provision of this s ctia+, anI W1yard
in erutenc4 on the date of ensctw.ent of this action whkyh does cwt
conform to the rretqqulmntols of 1119 section end which the Secretary
11049 as a practical mattartanttot be wnentd, aball not be regalrsd to
be rtmovtd until July 1,1970.
• Lom,l.op,r4 ens "(i) ?he Fedttal shin of landscaping sad screening cats under
eerventm eeste. Ih1saection@hillbs76peruatum.
taA7a rir. "(jl Just compeusstion shall be paid the owner for the relocation,
cuts or rile. amoral a dispcosl of the following junlryards-
aatlery etc, "t1) thoalawfaliylatalitmcaoothedeteofawlr4btofthle
snbee ion,
9) goes lawNUy along any b'tghway, made a part of its
[ntentaIs or primary system oil or after ilia enactment of We
wbwaion and baton Janw.Y 1,1!+48, and
r °(7) toes 1SoI"IJ emabllsbd Goof aftef Janaap 1, IM.
7U Federal share of W.12 compvnlion shall too 74 per Mtom- t • •
N I Allpublta lands or nterraltons of the United Staten which
an a jaaa a to any ponlon of tLe interstate aad pprriyaary systems
t mall b eff"rely owlrolled In attordana with the pror111ors of
t Oil) Nothing in thin lettroa ahall prohibit a Stste from eslabb0diag
c ataadatde kAP&lag strktsr limitation with respect to outdoor I%mW-
i
•
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AVG-t9-97 TVE 14:;9629.0485 713 629 0485 A.06
C
5 . pub. Law 64.21115
October 22, 1465 _ » star to
yards on the Federal-aid highway systems lhsa those tslsldish:td
under this sact,ott•
•(m) Thera It authorized to be appropriated to carry out this att. ac:+~►rutlea.
Coo, out of anJ mpo~mp)p pipn the Treswrxr~ riot otLervisa ONTiateel,
rA to tae" W{YO00o for the fiscal }~car ending June , MO,
and not to esoeed 000 forsha 6sca1 Mr endinr ]one 30,1tM1.
1io part et the hlighway Trust Farad shall be ►raiSabia to arty out
this actin.' pt
Q der, l~. Tlia l by f sw**As of tend tlulreof vita Islluwin~tatea tt star. W.
•lsa QyatM of l"XI W
TITLE 111
Stc, so,, (a) $oclioa 319 of title 93, vnitea states coat, is revised
to read as follows:
311. Landscaping and same trtunceaent
+(a) Tht Stervtary W, %Y appro a as a part of the tomtrutlion of
Fedecat•sid high■sys lies ewe of landscape anA roadside develop.
C spent, i,taleding acquisition and derrlopment of ImMicl ovntA and
eonttallcl teak anA rUrtmkn areas and ►vtilarr.aFd oti,er facilities
rmsa,aUy nuaatsty to a(eo^1modm4 the trrvel,^jr pulelle.
•(b) An amount utealent to 3 Per centum of the tends appot
tinned to a Yota for Federal aM highways for an)• Ural )fat shall be
allocated 10 rt.et Some oat of funds mropcitlyd antler 01111 UM r o1
thHwbsedia+,rlirhshallLeusrdforlnnAsevPeaadra?dudeAere p-
went within the16gl,+'ay rij:ht of.tcsy and for ectloWlion of intcrtsrs
in and improvement of strlps of tans teceoaty for the rtsratavion,
pp«s~rvation, and tnhancement of sunk beauty sdiacent to su h
liighwayv, including acgnilitlon and Jerttnpmtnt of putdKly o*aed
stat~arymaabl~ necles•
sad controlled WA and rateU6r, arras 6A
ties nilAln or adjacent to tltt liial,%4fty l~dilhont bri rrang mulched by
f:ry to acootmm~tate the Icavdlnjt p S tc
tLe Sistt. The Secntary may aalhnrlae facetj,was front thu require.
ment,u ns pliut~efaStatesnduponaYewinfthstsorhsmount
la in mem or the well of the Mate for tLtx parw-m Any funds a ro rsns•n.
not used ss required b tl.k subsection shell layu, Then is aathot• y r
Iced 19 W appronrialt~ o carry ovi 6 stsA~ t~ : ut o for nic
iii tl,s Trtawry p 1'.ftM,tlf 0
• for 1he 6aal lest fudenft Duna 30,1 1, anA not to exceed 3
for slit 61CS1 Yale e^di^~j_ June 30, I31. !io part of tht Wghvray
Trust Fund shalibe atviiWe tocarry out thissulnect oft" f
(b) 1 Me taltit of se db iono of tester 3 of title 93 of the L'aked
Se at is "310 raaJ•csptae" and inserting in )ifs thereof
"811. t.aaecsptrs a04 arsok Maaaefaeat' a,tl••t. SF J
• I Strr3asMautl?oRtedbyprovide t*indateafvfail rnF+liheConfa "VihlLO SUAW.
for suthocfzalion of app;cpttat ores lac fisc►1 • r
nforataUoo netwary inroop~nrionwisl
I yearsbt&in!singelterJuneg11.191T,11tSxseluY, Iol,o
{ chuet of rarrryyingaout 11%16 proriiiasaot t~ ssAttt, and a team nlunrite
si wly of the tronomlc f m~+a to ~f such proR crest on a bt.i ed to d ivldnals
and rams and andubl1.1c iodfPrivate WAR eteatilM thervbY . A
phonad the p
ahtnate en to Improved methods of aae"t,1{slmjl the obJectlta ref this
•
!
7-12
1711
i
Aura-19-97 TUE 14t45 713.629.0405 713 629 0405 P.07
Pub. Law 19-295 6 • October 22, 1963
r1t. roll
m,tert to Act The rotary 9taU st:,lxak tech dttalw eatimals and a rt
Caen... contemn`t wck tompnbanstre silly to lke Caww Aot but tbaa
January SO. MI.
mur.t aaa r.a• :4L. IAS. (a) Before tom promai2st6n of sun4lardm,
.r.ua.r. erkaj Bad
rrkteedrt"latonw"Larytocarry am"jas1II"1349 %ilk
aatr, of, fora, ti of 11.0 haired Stat« C Dk the Satretafy of Cotrtatwee abaU keld .
1070, pantie lwa tia ja 4t matk Stale ~or tM pp~mrrppooww of ptherio j ►U reletmmt
infumatioa ou trhkb to t" svda ata>.dstds, tritaris, end takes red
replatioas.
not kur
Pas.,a to (b) Tba Stcwsryry of (`,pnlaaua shell eapott to
Omm%
Catante. Ihae Janmry 10. INT, all standards, erken4led mad m-
t1wo. to be a pliad LA to rrylnd oat soetwna 131 mild 116 of tttla3af
the Uthed ulaa Code.
Sporeprsatre,,. Sac. 301. There If mwborifadto be appropriated thama of "mPm
to enable ilea $ecr>tary of Qcatmerta to can7 out lest httctioam uadel
section 133 of title 21 of the Uatted Scares Cade rtkllni to hisktrsy
gfety ppttoo~~rans.
Stc. iDS: x9thiott in ll h Attar the mmtadratmta "de by lbim An
alisU be construed to tmtboria the Use of eminent doaatn to smin
any do aUla-; (IacIWPjf nialedbmUinp).
TITU IV
f Ste 191. Mort' in thu Act of the aneadeuats ma84 by Wo Act
aka 11 La eoagrwd o author fa p(ltYu froptrty to be tslto or the
Mum It lad ealrtiP sna rWridtd by Jack IetuK n,tuw Duet
tompfosati" U pptorial iA ibis Att.
s„nmrlattta. Sao.4114. Ilk 6 8dd4a to any other mmoanta aolUrktd bz W& ACt
a . d lba s are mdb coil a ale by t hl a A et, tbtt e b mathwi ttd Im M appro-
printed out of any molly in the Trtasety not otWWd' s appropnfLed,
to tM geccelsry of Commtrta mot to lard fs,ttmp,0pwp for a7eeInb-
entire tzpams In tsrry(n2 ow rils Act ('wcludlml asibAn As
Olaf L 1 s Att).
O&A uttt Etc.. WjActmay 4aciudwha`II3tbray1amttl4ukaAH
of 114P.
Approved October 21, 19bS. 2:110 p.m.
lmtsu: rr 1_t9lrott t '
movst attar a,, cwt {Cr. « 1va11f wnf;.
Caw `
mot: to M. rot tells. to F.4116
COyCKm WAL 119014. Cat. 1st 11tas;: - • •
I,+t. IV eaeatane to Stpmt,. -
..1 eauH Itwt. -
1 fete. SM Cmal4er4
Cte. 1t Cauf4af4 PA Mnte Hiatt, reswa.
ail. fH Itsle ee+w,..a le m.Mt ar.,..►ed.
fi,
1.>1 -_~~.."~i- ~ - rat ♦ 7 t .,c.. .c iw: ,-1 I ~ .y.. ~
i
e,
ar
pUG-19-97 7UE 14i10„733.629.0407 713 629 0405 P.08
F
Pub11a Law 69.574
89th Coa8reae, fl. 7199
September 17, 1966
OR Sift ►t
To avtwat sewae03atteee w w Ascm spare 190 sae 1110 tar Ilia r.ptt~e0-
ties d Ca~OeY ► WS ?a Y a,.«uu %*11}V Y of the VON" gst,0 0010,
sod ref Kb+taryaaa e
8r u #&wtad 6r text Srsele aAd f[evti o itepreuatadw of 111 na,.l.au
Gaited Stetu •/.1werica In Centrist a1:ew6ed, pd„y Ma
• d UH.
MIAt tttLa
SscTtoB 1. '[leis Art au! boa riled asrh$"Ftdrral,Ald Hi=bwa! Act
of 1W. r' +
C luouwar 3 wr rtcAMIN
5K. 8. (a) ills 1+11 seatsoa o[ tnbaclloa lea of section I&I, and
the tut eeate6ra o! saborotlaa (m) of eadjea 1>~ of tints 4S, Ueked it sut. 1014,
Sato Code art "Ch emended to tied a$ lonows: Me f rovie brfrt, . oj 1ou.
She~!«10[ thh tittle muting to tit ~1P.1 1 funds ~a)I e !
mditpeoditate of Fadrtala p ry i 7
to after rum t fs ed to bs approPtuud to cart, Out WS
f r ~ 3 •
(b) 7u fur Owtaaos of nbnrtiea (b) of esdw ale of tkls ~pro- , to s/at. 1ori.
llaltd Stew Coda, is be"blr, 6awtdad to tied u (dsow: nTU of :t We lose 1.
eldoasot Chapter to! We title relati to the oblisalbw perwa a
vA
alb an rait,.bpiUt!'to tti.yrfundatiolloftlLidIot Ma~t~p priwt- mpdrtdl to carry tunds
this er eon afar Jws W,11if."
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AUG-19-97 TUE 14:40 713.629.9485 713 629 04133 l.09
90th Public lAw 90-495
90th Con:rasa, S. . 3416
August 21, 1966
RD 21(( a yrat. ate
ardtviif ae Ida Whey{ Is shvretaxi Rill mW423 Of IDei l 104 815tH '
V" L W for 111112 ya+/oMa. '
8e 0 rrt,trftd 1z fit &Mfo and ffests sLrIPftrrAfalireA of the l.a.r.t.ue
f'Alfrd •Adr0 of .Stier" in ('eajfrerr eww rd. as
11twrr T"IX rf 1Nr.
Sacrwx 1. nits Act ntay backed as Ihs "Frderel•.ltd Hi6haay .1st
of 1968". )p or
frMNMAT K,rN 11"Tfo1
Srr.6.(r)Seeiionlal(d)oflklrYa,liatedStaltaCode,isarxncled 711161. lots.
C Ly Mg. ting the following. acutenca bilw"n Ibt wood and third saw
teoces of I& onbtection t -Whetterer a boas fide Start, Cowry, Jr loot
souins anthori Laa rnaat a dattrrninatir.a of eraloawy Hat, satyr rk•
feM IKAI(0a 'AI be rccepfed la liew of taatrol Ly a61st[,twt in tug
sontd coowtertial and ind+atrial areas wkb(n f~e 6tojrayhitA Jura-
akiloa of atxir aalboril)!
4h) The first anttno of action 16141) of tint 47 1,411td States
lode, h atnanded L~r at1 ~ Ip art "or the Cott rol rMIDt+d Ly this atc•
lion, whitbt+tr ronfrol y sttkltr".
ft) $at(an 111(en) of thit 2A, Vnited States Oodq la aauodtd to n arts. Vt.
real as follow:
"(m) TtArs isantiaristdtoba appro ietta to Corry out lba prG4 ae1retrlattaa.
eians of this action, out of as ■tow fo the Tnawty not wlrtraisl
r ppivoyiattd, rat to Iv f for 114 A"I )eat ondia j June
010 196f, not 19 ward 61fl,fg(t for IlH flt^ai year aodin j Jana *4
tat, and not to tamd l9oml0p for tht focal lerr audin- June su
lU7k The ot6ions of t%4 Chapter ralato>(t 10 I olrltpttbl~ lttiM
oflaallatn'ikysudtaptsditanofFedeCSLadpr4narJAia J
aha11 apply Io tbs laude aathotistd to ha apptol.rialed to curry oat thla
sacliou after June 60,1967."
• d) Setlrofr tat of title d llnitad %tat" rok Is omtnd+d by » stet. tat.
Ai" at the end thtreol the follo•i 4 new rut ~a l
61(n) No s16a, d'uplay of ateka x:111 be raga'
under No aectlon if the pederalra of tha just eatapanaat(on, to Ls
<z
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14-t4l 713.629.0485 713 629 0403 P.10
c
4- August 21, 1966
Pub. Law 90-495 P.
er
f»d wpon tetro,nl of aacll O sat dieplsy, oc device 1s r1d avallaWe t0
make arch paPnant. of We 4I Unked Stelta Code, Is Lmudtd to
1/f i/4t* loss$ (e) $e Cilia 116(21)
so 2441. rot. rest aI idlo+rs: rialedIacamnotIhissw;ON
au... "(m) ^kauthorltadtoheapprop used not to
apr outol
am eosMy IathsTrsasary sot othervuo appropr not ~~A~fatbeGscof?elraidiagJ++ne3~.1 to
t:eeedltt
racd
pocto0b foe the 6sea1 year ending Jatu 30, tot , Rod hot D 60000 for the Rteal~~reaur tna4-Jom 3D, 1916. no Pror'isloaa of
thhept ~r 011h L tuls nb4tingto IM oW' sti0a, period olaraltWlitr,
cad eaptaditrn o! Federal a:d prla~terr htlLwly luad~ chalk apps to
the fumfs adhoriud to bt apptopt.ated to tang out tba erctioa atu
Jem 30, 1141.,
{l Sides 311(b) of ti11t fa, Vnltad kilt. Code IS gmtrA d 17
stile out 14 last taro /mtm" and i>4eenktit i to hew tiered recia d t W
follow ng: "Tbtte h artlloriled to be apptopeia ire
sotre.<,aa, out at any mov*j is the TreAsury WA atlAr'O apWe
ptiatsd, 1Mt to sacted for Ili* fix►) year eud,sp JWW Its
iflti, cot to exceed ilNX6.000 for t6 lout, year ending Jua J30. I
cad not to eacted 140 1,t110A00 for Out Ami year "in
19T0. T1'e peotkbn t o! claptee 1 of This Iitk nLi nx to the oW+pu i«1,
peeiod of milabilil , and tapud'uure of FAW-sid pdalary It~y
C say fowls shall appt to To irnde aorhorixed go to apyloplntedto
tarty Out this subeect~ after Jana 10,1041.-
(1) Thtre is authorised to be sutopriated, out of a y Money in 044
Treasury not othsrslet oppr?pnaled, foe tert+ary )
United Sluts CC44not to exceeds l a3i0,000, kN tthe lflisl year104 1t o1o~
Jam 10,106!, and i1piop 0 for It 6srsl year aadsag Jam 14
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RUG-14-9T TUE 14:42 71
,+J. 629. 0483 713 629 0496 P.11
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Public Law 91.60!
41 et Coagless, H. A. 19504
December 11, 1970
An fir(
To aH alit asi~tMe 1of ttoI lsneQ t+armCdti~ M BIM ~Wpotrat~~•
Br it uarled ly As Jlaeta and Howe e/ Beyrexneatirts at Me
L'nihd .)VaJCe o/.In+cr~ra in t'oeprrst aneotD7eQ, lasta.v
eau l w to to
TITLE I .,ls.rab.
Ippe►pi all en
►utRO ritatten,
MAI Tina
u.1u1.This tille awy bt tiled is the -Federal-Aid Highway Act
of 19111". A It far, Mll
`I
C Sae. 149. (a) &dlcq M(n) of this 9$, bailed Stator Cods, Is it seat, air.
atneaded to Toed at follol I:
•(ra) There is authorized to be approyyelaled to carry out the pro- sppnpnalatn,
vislo0s of [his oeclion out of any muses fa tl,e Trea!my not otherialse
appropriated, riot to exceed $70000000 for the Anal year ending
lino $0, 1966, not 1o sicced gt10b for the Axel tar ending
lnnr30,196i,noetaerrted$9J100,t~00 orlLedralyrarending June af0,
1970,noteoaxctedf3T,000000forthedxalyeareaAlrgJnntso 1911
not to eased 1120 0,o00 hoc the Axal year ending Juno 80, 11R O anW
tot to txcceJ 16oA00,000 for Ilia Astat year ending June 30, 19M
The provisions of this chapter rtlatleig to At. obligatlon, period of
srs0abllity and ex ditute of Fe&rala:d priutary hlgheay funds
shill aptly to The funds authorized to W oppropriiltd to carry out
this section after June W. INT.,
(b) Section 10(m) of lick 41, Unite+l States Cade, is anmdtd it star. e11,
to read as follows.
"(m) The to is authorized to be apTnptimtd to arty oat this w. apprapritttaa.
tion,outotanlmontylntheTrrasaryootothtrrriseopyto~+riated,not
to fitted 140000000 for the NO year sadlrtg June 10, 1969, not to
sacred 1=0,OOb,00lf for the 13x►1 Year eading Jont 30 1141,not to weed
113,000p00 for the fiscal )Litt Boding Jaw $0, 1610, not to tzcesd
$$,000,000 for the Axal year endin June K 1971, sot to tweed
11,000,000 for the Aual year ending June $0, Uiit, AM not to escetd
$5.000A00 for the dseah year oWing Jtoe 40 1913' TLa prciriiv,ns of
this chapetr relating to 1Le obllgathon, ptr~ed of ara'slability, sad
npenditurs of Federal aid ptimsrryy h f Kay fandzsluli ap.Rly to the
funds authorized to 14 oppropriattd~0 carry out this aeclton ifter
June 110,1961! _
1
AUG-19-97 111E 11342 -.13.629.0483 713 629 0 ' 485 P•12
NbIle w
Loa 93.643
9Svd rQ Compost, S. 3934
lanusry 4, 19TS
Tr aetLwlae •~warIaririo., Mr tM rwltaa ~t arlrta ►ya~aH i acrarl•
aaer ttta ~k4 Y at t4 OakH Wta CS&' mad tar at]n ratMarti -
Dr ft eeselyd ! !dr 8ta.fe utd Bowr of Rt rruwtalirte of elr a s
( lJwllyd dtrlrr e~ aswvta rw aw era awracnot t63t Aet w7
1 be cited as the F'tdrrst•aid HiAy Awamcata of 101V
of ISM,
» vu 303
Bale.
ootrrviet. a OPT== aerrwnutro
8aa SOI. (a 4bs tint Swam of tabetettaa (b) of osdwo 1!3
I of Utla 13, Ua f~ 9tatr p M uneaded b~ Lwetla~ after "lama
graveled ray of tT4 srauaa," tl. foitotr[a=t and t~daeol-W IN
way ltttda a eel a a after Jac" i, J"S K tow
erpirstiea of tIw Mel [ieaa1ea o t►e 9tat. irs~axWS. yttldt•
artr to later, to say tit►~a •1+ea gDe arqk "radnes 1M rat
ttuda peovlatea for dacttn rontee1 et the arecitaa am eaiatanana
a) oat the wostote Satm avid I priewrY e7+tua of tlw oddi•
tieas outdoor ad+e+tulu~ ai~aa, dlaplaya, aad darlw Rhk~ an
MM t>ta,dr hoadred used tlatl feat e2 0 aaanet M if IM
„jht9 f(ray, tested out" of erbaa areas rieibia from 041L Of
trawled way of Iba sjot% avid orarud with IM pvirpsaa of t►alr
tuaesala pal m4 from welt main (ranted Is
(b) a (f)foof w(joa III of tWr 93, UaNod 8tal~ Oeda,
rtivvltn "(e lied In cordnl salute that Nth slavi+, digU K &4OW
e.atrA. ahsr ~&espy I,1K1, if loafed OMA Sr ltaadnd usQ a3s()
tba
na right-of-way 64 en or afur {oIJ 36110, K after
et the wari n ae aeslion of W titals Iyi aM r1
jevid da bsvidnd tutd ais(y aat vie t►e 4~•wy
!afar, It lautad Is
Lis "Y
located eotatda a vieMa rlabia from
WEI arrWM
tha system, uA teaetad w11h tba porpaa
• r
AU6-19-9j.. 7Ug,..14:43 713.629.0185 713 629 0493, P.13
,
Januarr 4, 1935 - S • Pub. LAW 93.643 ~ teas
from soot, main Inrtkd rah, shall, sal to this OW'm to
limited to (1) dttoetk ml an4 o~eL1 s u ind aetkw. srMA;6Z nv • w
sad sotfan an 4tehis W mot be limned it ats~nnr+ sae adit rs a.turr.
petetinfn4 to astoral wonders, Weak Lad bk;CQ at rt ietioae, VWA
sro rewind or asthor4od b kw, whit! Shan *atom to matieaa3
uaadardsber6hy aatlarlaad to ba prommWed by tlta Senvhry htm
ceder, which standards sulk cWUR pr6iskas emmul m UeAim4,
aka, Aambtr, sad q4,S % of ally bad 014 otbW rordnmuta M
WA I ap ata to uapkeeasat Ibka JM1oO, 4m disph
amd der'wu~ 6dnettI64 th6 sala of how of pr6~~rir apoa WM
64y are hosted (1) allies, diapla sod bark adesrUlf uiirkwo
ooadrrted ea tha pro"AI wwltkh theer sea locat sad ({i) dpt
lsofolly im eaktems on ONabrr !1, 1161, doter b tha Stall,
attb*4 to th# aipmal of tho 9seestarr, to be Iaad A a lnahd.
IV}giWA on arm at at" or aatersl surf s! ark a
&V Iw ~~~e! lhks aMrna;m bm` of whkit won be e6eaiabat
witit 4
k (sass d1 4) att4h[njooat N Uot Kgtr.& sad Ikn 4b%g IV* follow: ~aatr.
ia~ la rira 1Dfftaf:
Juts tan amtko shall to paid elan the rrmeVol of aey aldoor
admtkiq alp, diapky,or davits lawfotly treeted Wader Sans kr.`
ooaraot or reMaraaa
Stx. 11u. Sebasetlea 0! secekon 134 of tick 23, j ailed Slotm ew•nrattea.
thole. b tti i eat tlw ilnt tentann bad W&H4y to
kiss t ot*of tha tel~.fev:
Jost t Su be Paw AA owmr for Iha roleettka,
reweval, or dbpeal of iard6livMy talahlished rider Scott
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.t! r`Y ks~ a Ct. •i' fr. S~ 'ti
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AUG-19-97 TUE 14x43 21,3.629.0483 713 629 0464 P.14
f
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, , R. S
''0T public I.Aw 94-280
9ath Confireu H. R. t35
May S, 1974
~In act
7, ett l.d+eI1ri" t7dr ntkw he 1W to"r"twe ot
W1tH M, W f MM,>
Be It enacted by Me S,e,lr sad SMM If R11naa~+Atirw of Aria
` delved doles of dneria le Oegnes AWMl eat
T TITLE 1
auoar Met ltdad,M1
tgeeirvay Ace at
Sea 101. T1fL lith twy M sited at ehs "tedenl•ASd Hi~way ld 107d.
!01 13 j or 111r. P. .n..
1 oorsaoc Of oveeoos urvtrlxo
840. 199. (a) Sabatetlse (t) of osctioa 131 of title fi3, Vak,d Stan
Oodt, is asMaded M taertta fi the folkwiad ~ Rot t)a llrst Matts~xe~~
pre7ids
C Wrho Sects may Ilao, eoesaualkee wtth tht Btstam%
withla As rij~lro!-wjk; of th4 pelto. mislese for ants 1A wt+kl
tit h, diaplafs, and deretxa yiVirt~ l~➢➢ecAe latatoatloa 10 the Aktrt
olthi lnrelmRpablic air b, et`acted i"nd saaAtalAw.
(b) SettSa 111 of title !t3 Vait#A Stun C. se L smsnd,d by
a atehsmdtb:reofthefo~Fow as•aabaclmst
•(ol Ths 8eentstl Key 01134 ley old of a Stet, to p,rmh
ttteal to specific Items de y sit of direttieaal r+M
displays, mat derkes lawfully tr!ettd ondtt Stab law fo tom st t1H
lira of tbdr atsttin whits do not coaforcm to the ngceirmoots of
srbte l" (c), whorl serh 41,display and darks, an (a asislem
on the tats of tudastal if elf Fs met+Mrtw sad wkn tke stab deem-
oostroln tout aveh sisal, tPuphya and d,vkr, (1) provide r.aioASl
tafarfutioa alaot fieod► a ,en1rN in the inhnlt of t1o lntoUaC
pnbi'and (9) an etch that removal molt work a anbetseal,l eta
aanieberdlbtpfa►oeldeflned~ma,►. ~
ereeefs gaIn the ikii aNlo pr~lot toalAada or E,at oaarM lp~ acid et 1W to
• f0 lTAT. ss3
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• . ~ ~ t f ~'.,Z,• ~`y • ~ .}S~4 `ri; itfi 7 tj~Y ~1 ~ ~I: -q` T~, X~ r ~3~kY~~•~~• ~t ~ ~ Z:
.~,`fr•+,'!`.'. r' -ter.
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r .AUG-19-97 TUE 14:40 713.629.0403 713 629 0405, P,13
May S, 1976 - iS - pub. I.aw 94.130
tral•Aid Highwa Act of 1i1a1, which sign &tplaT. or device wu
afar its remover lawfully rrloeatd And ;W" u a swell of the
am Molnts trade to this seetica by such Ad IS rpulred to bt removed,
tba Unilsd $t►lu shall ►y 100 ppiet centum of the )uN tanapentation , - '
for such rtMon! (IaclUlms all re7oe4tioa Costs .
"(q)(1)LN64thetmpWaaNtionofStalattwtenuldtocomply
with tide 1eclloa, the Sacntaq ehaL escon, and a" the $I"
to develop sign controls and which 11 amen that rraNewry
directional taformatioa about eilitits rovldtag goods aad 21rrkea
to the interest of tht traveling blk will twiass tote atsilsble to
shall realady 11A ntitl at apps
motorists To Ihie end Ile at
priate tatatia standa.As for dirsetkul eigaa ►ullreri:ed under
sabeettlons 131 (1) and 131((h) to dartlop signs wbk% an fam- tl kne its,
Borah and a,thet any tompock k with thelr suriouadI He eau
employ the rtaosrcea of other lreder►l dsparfeaeals ►ad slutiva,
Including the National Endowment for lha Acts, and toyylay Mea-
r%r
mum paNkipet ion of pr[rsla industry inthe deribpmeal of ataada sate
and stems of actress de relaptd for that parpoets. .
"(a) Anwng other tb~q 1h SleMar7 it tatoange states to
adopt pro ~reau to utonU2t raaroval of Oka prov)diaa rteetwary
dirntWeal tnformat=, shich &W wtm pt9-,v eg dir;ZUl Isfor-
oration on June 1, IM about fscilkla to tb lotatsaa of IM traveliaj
C publj,bede~ferred a t taiioothler Uapwvndfo$tmlag~lgna on tsonord to
tad as follows:
"(i) In order to provide Information in the sped le interest of tbo
treveiwg public, the State higbwsy dspartanata in salhodnd to
matwafa maps and to permit lnformai)oo &rtetorks and odvertWo:
pamphlets to be Aside aiailablt at safety rat areas Sob*1 to tM
approval of eM stottary, a State "Y 2160 tuablish hafortnatloe
«aten at sold . y rest ems and WMr travel Information ewe
within the righgef-ray for the purport of ta[armlag the of
plsm of intent within t1e States nd prorldle~ aunh other n[ I-
lion as a Sisk may tensidtr destraw The IF n1 share of tba oat
of Wablishtag cosh 2n infamstbs Neater cc Ilarll lsfotautim sIT$.
on that Ftt4sr2I• o~hksysk 14 to bbee sutras d ty h dol r og"l"e - 11 use 110.
960 sea r. f39
__~.a .,'.•l.i~~ ~:'~i l'[ M}*S~ i~.~j,~:i 'M•'!# "~~r Sf, ~;,e trY'. + "'%!v " 3 t5 xt~• ~ Ali
AUG-19-97 TUE 14:44 713 i6~, 0485 713 629 0485 P.16
c
Pub. Lw 94.280 - 18 - may S. 1976
L&VW4nn A" agstC tllvOICIRM t!
a" 134. (a) Sedwa Ili of tfila tti, IItutd State! Ooday 6 aarrdel
to read v f4m:
90 ITAr. 4e1
May s, 1976 19 ' Pub. Law 94.280
rift Laadaeapla: and st"k talem"MOaf. tt !rte its.
wrbe Secma rr -ma77 appeora as a Pitt of the eonrtroa bo o f Fadsral.
ald k4kwsje the aaeL s aadlnpe aad eaadaida dweloptwratt,, tadved•
ins aogaierttea and derebpawat o! publkf~ ovoed and eeat= wet
aaa nemt ton anu and slit err other fadlitiea rtmc% ll aeaa•
arT to aoroyaaaodata tba tnnlinr Poblk, and for ae4a+ntba of
iatareate U aad Boptorancor of f; sl 1►nd twaarary iar Ile rat.
ppn*ns atioo, ated ash iecom*nl of teak bauty adisoeot to
33~ k elms aathertaed to ba_ apPraprLled to a1r~r sue 6Kt6a 11 use tH
of title U, halted &ates l7ode ere In alert lmmediatelbefen sere.
tlu date of enadswat of this aeatien a~tlt cut" to be aralrable far - '
approprlatbn, obtihtiotl, and or. ik N teeordaata dtl dial
l (a~ 10(b), autliith taadinj le"= toad. y the te>ttea
9O.Sto/ 4ryl
•
. • .45 T , ';.C i 1 a ' iY'+r~ ~4`C_"•. L iJ~Fr3'~j~. '.I w;~~ ~Sa7 i '^y?'' ,2,!'V~r~A'~•- ir(.f.~.~•~,.
•
AUG-19-9T TUE 14:45 313.62.9.0485 713 629 0413 P.IT
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PUBLIC LAW 95-599-NOV. 6, 1978 92 STAT. 26119
Public law 95-599
95th Congress
An Act
To astttoetae se9rooAaneas for the eot:atrnetioa of arrtata AIsSWAYs In attend. Nor. 6. 19711
axe Wtea title a of toe U11110 $7141 Code, for at Amoy weedy, for rap (N.R 11113)
trataportettoa to tartan and In runt mina, and for otter purlwxe.
Be if enacfrd by fAe Srnod and Route. Of Royrrfanltellaw of IAA
United Srafse of Arnel•fca in Vonpreas ar/omPtef, That this Act mey Smtur
be cited as the `-Surface Transpot lotion Autstance Act of 1918". TrwyocU6oa
Aseirtams Act of
TITLE 1 1971•
23 USG 101 owl.
sum TTMZ FedaratAtd '
X* bay Act of
Stc.1o1.17tu title may be cited as the "Federal Aid Highway Act 1,918
of 1976 11 t 101 tome,
.
C aarrarletNO aT xameaarlT oaoAWICAU01111
Sec. 521. Stclion 131(c) of title 23, United States Code, is amended-
(1) by striking out pond (4)71 and Insetting to lien thereof
(s,iand
( ) by striking out the period at the tnd tlteeMf and inseeling
In lion Il,tttof A cotnma and the folloa•iog: "and (S) siggns, din
p,aye, sad devices advttthina the diattibutioaof rwr.protit orgt•
ntcalloru of free coffee to Individuals tnreling on the Interstate 92 STAT. 2700
Siatttn or tha }p~rimary systetu. For the ppaat of this subete- "Free tease."
tion,thotermrtreecoltet'shtllim-ludecoffee or wKkj% a donation
nuS b.• made, Let k not rsqui red".
0OTTAOt. Gr otiTDOOa sal IMIWo
Sea IN. (a) subsectlon (g) of WCOIN 131, title 28, United StAta
Code, is amended by stoking the period at the enrl of the first sentence
• And adding the following "and not pernihtet under subsection (e)
of this wlion, e9 tthtr or tat removed pursuant to or because of
this v,%t ion".
(b) Subsection (k) of Witte 131, title 93, United Stotts Coate, it
ameudhl bt striking the first word and inseciing in lieu thttsof the
follomiux: SaL} A to eoutplier" %Ith satte0lon (g) of this section
forthv jraynrcnt of jtt..t tvntpetlcalion, twthing
(c) l.4use (3) of subsection (e) of section 131 of title 93, Lrttittd
Statoo Cade, is sumndrd by (oserlirg inroedialely after "devices." the
• following: `awltaling dense ehich may Le chanced at nesnn.ihfa
1 I. ola by elechnnk process or by reroute cone rot • •
(d) Suit„-lion (j) of section 131 of title 93, Itaittd StAlea (We
Is anwuihl by insetting immediatelly After Is rtrnttnt" at 11.e to
C of ihv fist "team, the follaeiug: provide T1tat p.rntitsiua Ly
a State to erect ae+l maintain Infonvation di.playa which aa1 boc
chant t at rravrnabte Inlets-0s by tlntronic pwas or recta t. tow"A
and whir, rtovnk public serrke infotmstion or advertise actiritits
condmtesl on the property on whielt they ere IOHkd shall Ant be
comideci l a 0404th of sut-h agcteuwat or the central roeuired 92 STAt. 2701
themun'401.
•
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AVG-t9-9T TUE 11:46 71S-629.0405 713 429 0403 P.141information necessary to diminish railway-highway
crossing accidents.
C (3) Procedures.- Sums authorized to be appropriated by this
subsection shall be available for obligation in the same
manner as funds apportioned under section 104(b)(1) of this
title.
(f) Twenty-five percent of the funds authorized to be
appropriated to carry out this section shall be apportioned to the
F states in the same manner as sums authorized to be appropriated
under section 104(b)(2) of this title, 25 percent of such funds
shall be apportioned to the States in the same manner as sums
authorized to be appropriated under section 104(b)(6) of this
title, and 50 percent of such funds shall be apportioned to the
States in the ratio that total railway-highway crossings in each
State bears to the total of such crossings in all States. The
Federal share payable on account of any project financed with funds
authorized to be appropriated to carry out this section shall be 90
percent of the cost thereof.
(g) Annual Report.- Each State shall report to the Secretary of
Transportation not later than December 30 of each year on the
progress being made to implement the railway-highway crossings
program authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of the
costs of the various treatments employed and subsequent accident
experience at improved locations. The Secretary of Transportation
shall submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Public Works and
Transportation of the house of Representatives not later than April
1 of each year, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of projects
undertaken, their distribution by cost range, road system, nature
of treatment, and subsequent accident experience at improved
locations. In addition, the Secretary's report shall analyze and
evaluate each State program, identify any state found not to be in
compliance with the schedule of improvements required by subsection
(d), and include recommendation for future implementation of the
railroad highway crossings program.
(h) Use of Funds for Matching.- Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when local
government produces matching funds for the improvement of railway-
highway crossings.
Sec. 131. Control of outdoor advertising
(a) The Congress hereby finds and declares that the erection and
maintenance of outdoor advertising signs, display.9, and devices in
areas adjacent to the Interstate System and the primary system
should be controlled in order to protect the public investment in '
• such highways, to promote the safety and recreational value of • •
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.
• e
Public travel, and to preserve natural beauty.
(b) FederaL-aid highway funds apportioned on or after January 1,
1968, to any State which the Secretary determines has not made
tenance
provision ( effective control
ando theh erection and
system of noutdoor
along the Interstate System
advertising signs, displays, and devices which are within six
hundred and visible from sixty the mafeet of the nearest edge of the in traveled way of he system, randt Federal-aid
vis
highway funds apportioned on or after January 1, 1975, or after the
expiration of the next regular session of the State legislature,
whichever is later, to any State which the Secretary determines has
not made maintenance along provision the Interstate effective a
System and the primary system of
thoso additional outdoor advertising signs, displays, and devices
which are more than six hundred and sixty feet off the nearest edge
of the right-of-way, located outside of urban areas, visible from
the main traveled way of the system, and erected-with the purpose
of their message being read from such main traveled way, shall be
reduced by amounts equal to 10 per centum of the amounts which
would otherwise be apportioned to such state under section 101 of
this title, until such time as such State shall provide for such
effective control. Any amount which is withheld from apportionment
to any State hereunder shall be reapportioned to the other States.
Whenever he determines it to be in the public interest, the
( Secretary may suspend, for such periods as he deems necessary, the
application of this subsection to a State.
(c) Effective control means that such signs, displays, or devices
after January 1, 1968, if located within six hundred and sixty feet
C of the right-of-way and, on or after July 1, 1975, or after the
expiration of the next regular session of the State legislature,
whichever is later, if located beyond six hundred and sixty feet of
the right-of-way located outside of urban areas, visible from the
main traveled way of the system, and erected with the purpose of
their message being read from such main traveled way, shall,
pursuant to this section, be limited to (1) directional and
official signs and notices, which signs and notices shall include,
but not be limited to, signs and notices pertaining to natural
wonders, scenic and historical attractions, which are required or
authorized by law, which shall conform to national standards hereby
authorized to be promulgated by the secretary hereunder, which
standards shall contain provisions concerning lighting, size*
number, and spacing of signs, and such other requirements as may be
appropriate to implement this section, (2) signs, displays, and
devices advertising the sale or lease of property upon which they
• are located, (3) signs, displays, and devices, including those
which may be changed at reasonable intervals by electronic process
or by remote control, advertising activities conducted on the
property on which they are located, (a) signs lawfully in existence
on October 22, 1965, determined by the State subject to the
approval cd the Secretary, to be landmark signs, including signs on
farm structures or natural surfaces, or historic or artistic
• significance the preservation of which would be consistent with the •
69
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AU6-19-97 TUE 14:47 713.C29.0483 793 629 9495 P.20
purposes of this section, and IS) signs, displays, and devices
C advertising the distribution by nonprofit organizations of free
coffee to individuals traveling on the Interstate System or the
primary system. For the purposes of this subsection, the term "free
coffee" shall include coffee for which a donation may be .made, but
is not required.
(d) In order to promote the reasonable, orderly and effective
display of outdoor advertising While remaining consistent with the
purposes of this section, signs, displays, and devices whose size,
lighting and spacing, consistent with customary use is to be
determined by agreement between the several States and the
Secretary, may be erected and maintained within six hundred and
sixty feet of the nearest edge of the right-of-way within areas
adjacent to the interstate and primary systems which are zoned
industrial or commercial under authority of State law, or in
unzoned commercial or industrial areas as may be determined by
agreement between the several States and the Secretary. The States
shall have full authority under their own zoning laws to zone areas
for commercial or industrial purposes, and the actions of the
States in this regard will be accepted for the purposes of. this
Act. Whenever a bona fide State, county, or local zoning authority
has made a determination of customary use, such determination will
be accepted in lieu of controls by agreement in the zoned
commercial and industrial areas within the geographical
jurisdiction of such authority. Nothing in this subsection shall
apply to signs, displays, and devices referred to in clauses 12)
and (3) of subsection (c) of this section.
le) Any sign, display, or device lawfully in existence along the
Interstate System or the Federal-aid primary system on September 1,
1965, which does not conform to this section shall not be required
to be removed until July 1, 1910. Any other sign, display, or
device lawfully erected which does not conform to this section
shall not be required to be removed until the end of the fifth year
after it becomes nonconforming.
(f) The Secretary shall, in consultation with the States, provide
within the rights-of-way for areas at appropriate distances from
interchanges on the Interstate System, on which signs, displays,
and devices giving specific information in the interest of the
traveling public may be erected and maintained. The Secretary may
also, in consultation with the States, provide within the rights-
of-way of the primary system for areas in which signs, displays,
and devices giving specific information in the interest of the
traveling public may be erected and maintained. Such signs shall
• conform to national standards to be promulgated by the Secretary.
(gl Just compensation shall be paid upon the removal of any
outdoor advertising sign, display, or device lawfully erected under '
State law and not permitted under subsection (c) of this section,
whether or not removed pursuant to or because of this section. The
Federal share of such compensation shall be 75 per•ctntum. Such
compensation shall be paid for the following: -
0 (A) The taking from the owner of such sign, display, or •
device of all right, title, leasehold, and interest 1,.
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A 14.+e 713.629.0407 71s 629 0185 P.21
such sign, display, or device; and
C (e) The taking from the owner of the real property on
which the sign, display, or device is located, of the
right to erect and maintain such signs; displays; and
devices thereon.
(h) All public lands or reservations of the United States which
are adjacent to any portion of the Interstate System and the
primary system shall be controlled in accordance with the
provisions of this section and the national standards promulgated
by the Secretary.
(i) In order to provide information in the specific interest of
the traveling public, the State highway departments are authorized
to maintain maps and to permit information directories and
advertising pamphlets to be made available at safety rest areas.
subject to the approval of the Secretary, a State may also
establish information centers at safety rest areas and other travel
Information systems within the rights-of-way for the purpose of
informing the public of places of interest within the State and
providing such other information as a State may consider desirable.
The Federal share of the cost of establishing such an information
center or travel information system shall be that which is provided
in section 120 for a highway project on that Federal-aid system to
be served by such center or system.
(j) Any State highway department which has, under this section as
in effect on June 30, 1465, entered into an agreement with the
secretary to control the erection and maintenance of outdoor
advertising signs, displays, and devices in areas adjacent to the
interstate Systems shall be entitled to receive the bonus payments
C as set forth in the agreement, but no such State highway department
shall be entitled to such payments unless the State maintains the
control required under such agreement; Provided, That permission by,
a State to erect and maintain information displays which may be.
+ changed at reasonable intervals by electronic process or remote
control and which provide public service information or advertise
activities conducted on the property on which they are located
shall not be considered a breach of such agreement or the control
required thereunder. Such payments shall be paid only from
appropriations made to carry out this section. The provisions of
this subsection shall not be construed to exempt any State from
eoetrolling outdoor advertising as otherwise provided in this
section.
(k) Subject to compliance with subsection (g) of this section for
the payment of just compensation, nothing in this section shall
prohibit a State from establishing standards imposing stricter
• limitations with respect to signs, displays, and devices on the
Federal-aid highway systems than those established under this i
section. '
(1) Not less than sixty days before making a final determination
to withhold funds from a State under subsection (bl of this
iecti.on, or to do so under subsection (b) of section 136, or with
respect to failing to agree as to the size, lighting, and spacing
• of signs, displays, and devices or as to unzoned covoercial or • •
71
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A -97 T IA: 49 71.3.629.0493 713 629 0405 P.22
Y.
industrial areas in which signs, displays, and devices may be
C erected and maintained under subsectlon (d) of this section, or
with respect to failure to approve under subsection (g) of section
136, the Secretary shall give written notice to the State of his
proposed determination and a statement of the reasons therefor, and
during such period shall give the State an opportunity for a
hearing on such determination. Following such hearing the
secretary shall issue a written order setting forth his final
determination and shall furnish a copy of such order to the State.
within forty-five days of receipt of such order, the state may
appeal such order to any United States district court for such
State, and upon the filing of such appeal such order shall be
stayed until final judgment has been entered on such appeal.
Summons may be served at any place in the United states. The court
shall have jurisdiction to affirm the determination of the
Secretary or to set It aside, in whole or in part. The judgment of
the court shall be subject to review by the United States court of
appeals for the circuit in which the State is located and to the
Supreme court of the United States upon certiorari or certification
as provided in title 26, United States Code, section 1254. If any
part of an apportiocusent to a State is withheld by the Secretary
under subsection (b) of this section or subsection (b) of section
136, the amount so withheld shall not be reapportioned to the other
States as long as a suit brought by such State under this
subsection is pending. Such amount shall remain available for
apportionment in accordance with the final judgment and this
subsection. Funds withheld from apportionment and subsequently
apportioned or reapportioned under this section shall be available
' for expenditure for three full fiscal years after the date of such
apportionment or reapportionment as the case may be.
(m) There is authorized to be appropriated to carry out the
provisions of this section, out of any money in the Treasury not
otherwise appropriated, not to exceed $20,000,000 for the fiscal
year ending June 30, 1966, not to exceed 320,000,000 for the fiscal
year ending June 30, 1967, not to exceed $2,000,000 for the fiscal
year ending June 30, 1970, not to exceed $27,000,000 for the fiscal
year ending June 30, 1971, not to exceed $20,500,000 for the fiscal
year ending June 30, 1972, not to exceed 550,000,000 for the fiscal
year ending June 30, 1973. The provisions of this chapter relating
to the obligation, period of availability and expenditure of
federal-aid primary highway funds shall apply to the funds
authorized to be appropriated to carry out this section after June
30, 1967. Subject to approval by the Secretary in accordance with
the program of projects approval process of section 105, a State
may use any funds apportioned to It under section 104 of this title
for removal of any sign, display, or device lawfully erected which
f does not conform to this section.
(n) No sign, display, or device shall be required to be reahoved
" under this section if the Federal share of the just compensation to
t be paid upon removal of such sign, display, or device is not ` . •
• i available to make such payment.
(o) The Secretary may approve the request of a State to permit
72
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retention in specific areas defined by such state of directional
t Signs, displays, and devices lawfully erected under state law in
force at the time of their erection which do not conform to the
requirements of subsection (c), where such signs, displays, and G
pevices are in existence on the date of enactment of this
subsection and where the State demonstrates that such signs,
' displays, and devices (1) provide directional information about
goods and services in the interest of the traveling public, and (2)
are such that removal would work a substantial economic hardship in
such defined area.
(p) In the case of any sign, display, or device required 4o be
removed under this section prior to the date of enactment of the
federal-Aid Highway Act of 1974, which sign, display, or device was
after its removal lawfully relocated and which as a result of the
amendments made to this section by such Act is required to be
removed, the United States shall pay 100 per centum of the just
compensation for such removal (including all relocation coats).
(q) (1) During the implementation of State laws 'enacted to comply
with this section, the Secretary shall encourage and assist the
states to develop sign controls and programs which will assure that
necessary directional information about facilities providing goods
: and services in the interest of the traveling public will continue
to be available to motorists. To this end the Secretary shall
restudy and revise as appropriate existing standards for
directional signs authorized under subsections 131(c) (1) and 131(f)
to develop signs which are functional and aesthetically compatible
with their surroundings.. He shall employ the resources of other
federal departments and agencies, including the National Endowment
of signs private developed sfor
redeArts, and velopment s of l standardsm and systems participation
In the
those purposes.
t1,r (2) Among other things the Secretary shall encourage States to
adopt programs to assure that removal of signs providing necessary
;,,directional information, which also were providing directional
g.information on June 1, 1972, about facilities in the interest of
;the traveling public, be deferred until all other nonconforming
signs are removed.
(r) REMOVAL OF ILLEGAL SIGNS.--
(1) BY OWNERS.--Any sign, display, or device along the
-Interstate System or the Federal-aid primary system which was not
.lawfully erected, shall be removed by the owner of such sign,
''.display, or device not later than the 90th day following the
effective date of this subsection.
• 12) BY STATES,--If any owner does not remove a sign, display,
or device in accordance with paragraph 11), the State within the
borders of which the sign, display, or device is located shall ,
remove the sign, display, or device. The owner of the removed
sign, display, or device shall be liable to the State for the costs
of such removal. Effective control under this section includes
r coapliance'with the first sentence of this paragraph.
73
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I
STAFF REPORT
DATE: August 27, 1997
TO: Planning and Zoning Commission
FROM: Donna K. Bateman, Senior Planning Technician
SUBJECT: 'SCENIC CORRIDORS"- REGULATION OF SIGNS
GENERAL INFORMATION:
Members of the City Council have instructed staff to prepare an ordinance amending Chapter 33
of the Code of Ordinances, which regulates signs. The issue of sign regulations has been
scheduled for PEZ review on August 27" and September 10", 1997, with City Council consideration
scheduled to occur on September 23" and October r, 1997, For the August 27" P8Z Work
Session, several materials have been attached for review regarding the substantive Issues
Involved. Pending the comments received by staff during the August 27" P&Z meeting, a draft
ordinance Y41 be prepared as a public hearing agenda item for the September 10" PdZ meeting.
The subject of sign regulations requires an understanding of federal, state, and focal laws. Four
major discussion topics are !dentified In this report, and the following questions are asked:
Lll,~a H
1.) Off-Premise Sines: Should the construction of new tAboards be prohibited within lew"41 7 f
or all of the city and ETJ ?
2.) Repair of Existing Off-Premise Signs: Should city regulations be more restrictive
regarding the repair of damaged billboards?
3.) Purchase and Removal of Signs: Should the City of Denton consider active means of
removing non-conforming off-premise signs, Including cash compensation?
4.) Other Revisions: Should other changes be made to fulfill the 'spirit and intent" of
existing sign regulations?
1) Off-Premise Signs
In 199M, the City of Menton received certification from the State Department of Kighways and
Public Transportation (TXDOT) to regulate outdoor advertising signs (billboards). As a result, the
city's sign ordinance was amended In March 1993 (see Attachment 1). Cly regulations now apply
♦ to off-premise signs along al interstate and federaAy aided primary highways within the Denton city
limits, in oorrjunction with the State of Texas Kighway Beautification Act (see Attach marit 2). These
roadways Include Interstates 35E, 35W, 35N, U.S. Highway 380, and U.S. FGghway 377. Signs r
along these roads are required to maintain annual permits. The city also regulates signs along all
other roads within the city limits.
Also In 1993, the Denton City Council passed a resolution (R93-014) promoting logo signs within
♦ the State of Texas. By allowing logo signs a" the right-of-way of stale end federal highways, •
it was hoped that fewer billboards (off-premise signs) would be constricted along highways. State
legislation was passed allowing logo signs outside of urbanized areas with a population of 50,000
or more. Denton's population exceeds 70VO, so the Texas Legislature would have to make a
special exception to allow logo signs with>iri our city lmhs.
1
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City of Denton objectives associated with the certification process were to reduce the size of
billboards permitted by the stale as well as to control the number of new signs being constructed.
As a result, the maximum area allowed for new signs was reduced from 672 square feet to 250
square feet, and the same spacing requirement used by the state allowing billboards no closer than
1,500 feet on the same side of the road was Imposed. City regulations Dow signs In non-residential
(commercial) areas or in areas zoned for commercial use. Along 1.35E, billboards are In many
instances located closer than 1,500 feet due to installation before the spacing requirement was
enacted. If a billboard ban Is Imposed for specific cor(idors, the width of the corridor needs to be
defined. Current Texas law uses a width of 660 feet from the nearest edge of the right-of-way to
define the boundaries within which a sign permit is required (the corridor width in this instance
would be 1,320 feet + the actual width of the R.O.W.)
Given the number and location of existing billboards on 1-35E, few, if any, billboards could be
legally constructed along this highway today. Biltboerds along 1.35W will not be permitted provided
the zoning on the property on either side of the 1-35W R.O.W. remains residential. If the zoning
changes to a nonresidential district, additional billboards could be instatted without Interference
from the 1,500 feet spacing requirement. With the completion of the Texas Motor Speedway and
other Alfianoe area development, as well as the anticipation of future growth moving rwrth from the
Dallas - Fort Worth area, it is conceivable that more land will be zoned and/or used for
nonresidential purposes. The City of Denton may prohibit the Installation of new billboards if City
Council decides to exercise its authority to do so.
More than 40 Texas cities have enacted regulations prohibiting the construction of new billboards,
either by designating specific corridors or on a citylETJ wide basis. As a recent example, in July
1991, the Fort Worth City Council passed an ordinance prohibiting any new billboards inside the
city limits,
2) Reps of Existing Off-Premise Signs
Current city regulations allow the repair of an off-premise sign 9 the repair costs do not exceed 80%
of the cost of erecting a new sign, Including its supporting structure. For Instance, if the cost to
repair a damaged billboard is $6,000, repairs are permitted, provided the cost of a new sign (of the
same properties) Is no less than $10,000. If the cost to repair the sign were $9,500, however, the
damaged billboard would not be allowed to be repaired and would have to be removed. Federal
regulations allow the lowerkV of this figure to 50%, which Is a more restrictive standard. Using the
example above, if repair costs exceeded $5,000 rather than $6,000, the sign would have to be
• removed. Also, the preparation of billboard repair estimates (for both materials and labor) needs `
to be clearly defined to avoid difficulties in comparing repair versus new Installation costs.
3) Purchase and Removal of Signs
The 1965 federal Highway Beautification Act (see Attachment 3) was established for the control
0 of outdoor advertising along federally funded Interstate and primary highways. In Denton, 1-35E,
I-35W, I.35N, U.S. 380, and U.S. 377 are included within this category of roadways. The federal •
act does nx apply to Loop 288.
The Highway Beautification Act empowered the Federal Highway Administration (FHWA) to
administer the adoption of these controls by the states. Texas did so by adopting Article 4477 (aye
Attachment 4) in 1972, known as the 'Texas Litter Abatement Ad' or the 'Texas Highway
2
•
•
Beautification Act.' A letter of agreement between TXDOT and FHWA further defined how TXDOT
was to administer federal sign regulations, Soon after 1965, many municipalities throughout the
U.S. used 6morfrzal+on as a tool to remove billboards without providing cash compensation,
allowing a sign to be used for advertising purposes for a period of time long enough to allow its
owner the opportunity to recoup the investment in the sign.
In 1978, the federal Highway Beautification Act was amended, prohibiting the use of amortization
as a method of billboard removal on federally funded Interstates and primary highways. Tnis
affected state and local govenwrients as well, and billboards on 1-35E, 1-35W, 1-35N, U.S. 380, and
U.S. 377 were federally protected from amortization as a result
In 1985, the state Highway Beautification Act was similarly amended, proNbrting the use of
amortization to remove billboards on non-federal primary roads (see Attachment 5), except for
municipaWes with amortization ordinances enacted before Juno 1°, 1985. A proposed
amortization ordwun=e was submitted to the Denton City Council on May 2e, 1985, but did not
receive sufficient support for adoption. House &11 1330 also amended the Texas Local
Government Code by giving cities the authority to extend billboard controls Info their ETJ's. This
measure provides protection from amortization for billboards located on Loop 288.
In GmRing billboard removal to cash compensation, House 841330 describes the options avaitable
for thr relocation, reconstruction, or removal of signs. If Denson decides to develop the capability
to purchase signs, a municipal sign control board must be created. The five-member board,
appointed by the mayor, would consist of the following members:
(1 8 2) two real estate appraisers,
(3) a person engaged in the sign business within the city,
(4) a TXDOT employee familiar with real estate transactions, and
(5) a licensed architect or landscape architect
This board is different than the current Sign Board of Appeals as the Municipal Sign Control Board
determines the value of a sign and the Board of Appeals considers appeals and variances. The
Sign Board of Appeals does not have required members of the board members whereas the
Municipal Sign Control Board does.
The procedures necessary for the relocation, reconstruction, or removal of a sign are highly
structured. For example, a billboard (off-premise sign) to be removed requires compensation to
the sign owner amounting to three Umes the average annual gross revenue recelved by the owner.
In addition, the owner of the property where the sign Is liocaled is also entitled to compensation for
• any decrease in the value of the real property.
r
At the present time, the City of Denton Is prohibited from using amortization to remove any
billboards, until such time that state or federal laws are changed. The City of Denton may consider
the following options for active removal of off-premise signs:
• 1) Cash Compensation (as per Highway Beautification Ad 6 H.B. 1330 the City of - • •
Denton is required to compensate the owner of the sign for removal.)
2) Tax Abatement (as per H.B. 1330, the Municipal Sign Control Board delermlem the
compensable amount of a sign and abates the taxes on the sign for a set number
of years until the owner has been compensated.)
3) Community Beautification Fund (as per H.B. 1330). The City Cowl may dodleste
a percentage of ad valorem taxes each year to a fund that would then be used to
3
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•
purchase signs. Private donations for the fund would also be acceptable.
C 4) 2 or more for 1 swap. This would allow billboard companies to remove a set number
of signs (usually the older wooden structures) in exchange for one metal structure
to be installed.
5) Lease Buyout. The City of Denton can purchase the 'land leases' and require the
billboards to be removed from the land that they are located on.
6) Attrition. This is the everyday wear and tear on signs that eventually weaken the
structure and is later destroyed by winds and storms.
If Instructed to do so, staff will prepare the necessary documentation to create a City of Denton
Sign Control Board. Administrative as well as compensatory costs should be evaluated to
determine if this option should be pursued.
4) Other ReAsIon$
Other Issues have emerged that have caused potential conflicts in administering or following the
'spirit and intent' of the city's sign ordinance:
a Definition of Temporary Sign and PremCurrently, temporary signs can be thirty two
(32) square feet In size, placed on four Inch (41 diameter poles with no height limit and
allowed to remain on a piece of property until 10 days after the temporary event has
occurred. Staff has found several 'temporary signs' be Installed and then later repainted
to advertise as off-premise signs. Enforcement Is very difficult
b Regulation of Temporary Signs: The use of temporary signs, which do not require a
permit for Installation, appears to have become a popular way to avoid the restrictions and
permit fees associated with sign regulations. Examples of temporary signs include signs
advertising grand openings, future construction projects, or real estate listings. Temporary
signs, regulated In Section 33.211, 'shall be removed or cease to be displayed within ten
(10) days after the event being communicated or advertised on the sign has occurred.' This
is a relatively open-ended time period and may need to be redefined. An actwi time Ill
for the total life of the sign has been suggested, or the sign should be otherwise defined as
an on- or off-premise sign.
c. Vegetation Removal: The removal of trees that eventually grow to block views of signs
Is not currently regulated. This may be an Rein that shotid be addressed during landscape
ordinance revislon efforts scheduled to take place near the end of 1997.
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d Illegal Sign Repair or Installation: The penalties imposed for illegal sign Installatlon or
repair have Important Implications In allowing staff to admtrister the sign ordinance on a
day-to-day basis. For Instance, following a recent severe storm that damaged several off-
premise signs, repairs were conducted without obtaining required permits, complicating
proper determination of repair versus replacement cost oomparisone.
RECOMMENDATION
l The debate over protection of free speech versus the public's desire to protect aest wtig quality has
been a controversial national Issue for many years. Staff will respond to PdZ and City Council
Instructions regarding resolution of these Issues.
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Staff has begun preparation of draft amendments to the sign ordinance. Prior to City Council
consideration, the draft amendmerrts will be scheduled for a public hearing at the September 10"
PU meeting. Both public comments end the recornmendation of the P&Z wil be forwarded to the
City Council for discussion during the September 23" Work Session. If so instructed by City
Council, another public hearing will be scheduled for the October r City Counul meeting.
STATUTE ATTACHMENTS:
1. City of Denton Code, Chapter 33, 'Signs and Advertlakv Devices'
2. Texas Stale Law, ChapterM, Local Government Code (1995),'Reguiation of Signs by
Municip Mes"
3. United States Pubic Lew 89-285, 'National Kghway 8eauUticstion Act (1965)'
4. Texas State Law, Article 4477 (1972), 'Texas Highway Beautificift i Act'
5. State of Texas House Bill 1330 (1985)
INFORMATION ATTACHMENTS;
6. Other Texas cities with ordinances that profrbit new construction of Moarda.
7. Zoning and Piercing Law Report,'Compenaation for 13 board Removal In Eminent Domain
Proceedings' (February, 199d).
8. Zoning News, 'Controfing BdRmrds' (June, 1988).
9. Zoning and Planning Law Report the Metromedia Impact' (February, 1983)•
10. Commentary, '891boards, Aesthetics, and" FirstAmendment: Municipal Sign Rogutation
after Metromedia' (August, 1984)•
11. Judicial Decisions regarding a" and billboards.
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STAFF REPORT
DATE: September 51h, 1997
TO: rianning and Zoning Comrasson
FROM: David M. Hill, Planning and Development Direc*NS
SUBJECT: 'SCENIC CORRIDORS" - REGULATION OF CONTENT
The City Planrlcog and Zoning Commission dismssed proposed changes to sign regulations during
an August 27t, 1997 Work Session. A public hearing is scheduled to take place at the September
1011, 1997 P&Z meeting regarding proposed amendment to Chapter 33 of the City of Denton Code,
'Sins and Advertising Devices' Following the public hearing, P&Z members will make a
recommendation to the Deriton City Council. The amendments have been tentatively placed as
agenda items for discussion at the City Council's September 23rd, 1997 Work Session, and for
public hearing purposes at fire October 711,1997 Regular Meeting.
The draft amendments (Allachment 91) prohibit the installation of new off-premises signs within the
City of Denton or the City of Denton's Extraterritorial Judsdiction (ETJ). Existing signs that were
legally erected prior to the adoption of the amendments wai be considered legal nonconforming
signs. A sign control board is also created as part of the amendments, as authorized by state faw.
C The board would be authorized to determine the amount of compensation required for the removal
of a sign, as prescribed by state law. Finally, the regulations pertaining b temporary signs allow a
maximum one (1) year advertising period before removal is required, and repair versus
replacement eslimale requirements have been clarified.
AUTHOR]
The Planning and Zoning Com niss'ion Is required by City Charter to make a recommendation to
the City Council on this issue of sign regulations, k6cte 10, Section 10.gaX5) of Ire Denton City
Charter contains the fo6owing provision: 'The planning and zoning commission shall: (5)
Recommend approval or disapproval of proposed changes in the zoning plan and ordnance of this
city and have all the power, duty, and aulhofity of a zoning oommissfon as provided in Vemon's
Texas Civil Statutes [State Law)......, all of which are hereby adopted as part of thls chapter' City
sign regulations fall under municipal zoning auhWty, as evidenced by Section 3A of the City
Code, which states: 'The regulations of this chapter shall be oons'&A-d to be part of Ire zoning
regulations of the City of Denton, adopted under the autwty of Chapter 211 of One Local
Government Code [State law], as amended' Denton has clown to separate Ire sign and zoning
regulations Into separate chapters In the city code far ease of administration.
Article 10, Section 10.ga)(9) of the Denton City Charter also Inckides lhe fopowirg:'The planing `
and zoning commission shall: (9) Hold such public hearings as it may deem desirable In the public
interest and advise the council upon such matters as the council may request its advice.' City
r Council has requested the Planning and Zoning Commission to maka ? m-rAwnendation regarding
l sign ordinance amendments during recent )o6-it work sessions.
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CONCLUSIONS
The PR Work Session discussion ended with the conclusion that materials providing additional
information regarding the pros and cons of sign regulations were not necessary. Another request
involved the method of determning the appraised value of off-premise signs. Planning staff
contacted the Denton County Appraisal Dstrict office, and learned that such signs are valued
according to the cost of materials and Installation, plus the value of the rent accrued by the owner
of N property holding the lease for the sign. The income aoaved by the owner of the sign, paid
by the advertising cCent, is not currently considered. As mentioned at the P&Z Work Session, state
law permits mun'rdpalities to use sign revenue as a basis for taxation. Planning staff will ask a
representative from the Appraisal DisWd office to attend the meeting on September 100, to answer
questions that the Comrussioners may want lo ask
The amendments have been organized acoording to the structure of the existing sign ordinance, as
follows:
Section 332. Definitions of bask terms to conform to state regulatory Wquage.
Section 33-4. Adds off-premises signs to Ist of prohibited signs.
Sections 339.•1 f. Sign control board creation, reference to state law, and removal 1
compensaton procedures.
,l Section 33.91. Minor definition change; also adds off-premises signs to nonconforn*V
status.
Section 33-93. Registration procedures for nonconforming portable and off-premises
signs,
Section 3395. Clarification of rules for preparimo off-premises sign repair estunates.
A Section 33.166. Prohibition of portable or off-premises signs with effective date.
.f Section 33167.1 Estabrishrment of the differences in lawful norconforrity dates between
portable sign and off-premises signs.
Section 33211. One (1) year time limitation placed on the life of temporary signs.
If any additional Information Is needed for the September 101h public hearing, please contact
planning staff at your earliest convenience.
REVIEW h1ATERlALS 1
Three attachments have been enclosed for P&1 review:
Attachment #1: Draft Ordinance Amending Chapter 33,'Sign and Advertising Devices'
Attachment #2: Chapter 33 of the Denton City Code, 'Signs and Advertising Devices'
• Attachrent #3: State of Texas House PI 1330 (1965) ` • •
Attachments #2 and #3 were provided In the August 271h, 1997 P&Z packets.
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Q jy of Denton Planning and Zoning Commission
Work Session Minutes
Date: Wednesday, A-igust 27*, 1997, immcd'utcly following Regular Meeting
Location: Denton Municipal Complex, Central Jury Room
Subject: AAfENDNENTS TO CITYSIG'YORDINANCE. CHAPTER 33 OF THE CITY CODE
P&Z Members Present E Schertz (Chairperson), B. Powell, C. Grazer, J. Erplbrecht, E. Gourdie,
R. Moreneo, S. Apple
City Staff PrescaL D. Hill (Planning & Development), M. Bucek (City Attorney's Oflrce),
D. Bateman (Planning & Development)
The Planning and Zoning Commission held a work session regarding city sign regulations site its regular
meeting on August 27a, 1997. Review materials prepared by staff were inchxW in the meeting packets
delivered in advance to the P&Z Commissioners.
The work session was started with a presentation from staff. David Hill outlined the review process for the
sign ordinance amendments by saying that the work session would be used to talk about the intent of the
proposed changes. He indicated that a draft of the ordinance amendments would not be shade available for
review until the next meeting, allowing discussion of substantive issues rather than the exact Jamguage in
each sentence. Mr. Hill also discussed the schedule proposed for P&Z and City Council Review, which
sets the work session and public hearing dates for both bodies.
The surf presentation divided the sign issues into 4 categories: prohibition of new off-premises s(ghs, more
restrictive options regarding the repair ofdamaged signs, compensation and removal of existing signs, and
changes to the existing ordinance that provide boner clarity.
The Planning and Zoning Commissioners discussed the following issues
I . In general, many of the Commissioners asked why, if City Council initiated this process, they were
forced to review the proposal. They were instructed that P&Z must review any changes to the zoning
ordinance because of charter requirements. Some of the commissioners indicated that they felt the sign
ordinance had been recently subjected to a kngthy revision process involving many people, and that it
• was far too early to start making changes after all the efforts that had been made.
2, After discussing the merits of a ban on new billboards, with the understanding that few, if any, new
billboards an be legally constructed at the current time, staff asked the commissioners if additionsll
information was needed for the next meeting. The commissioners indicated that additional information
would not change their opinions, and that no new data was necessary. The commissionen were evenly
split, half wanting no change in the ordinwe, with the other half wanting a ckywide and ET) ban for
new billboards. Ms. Schertz declined to break the tie. -
3. After further direction from staff, the issue regarding more restrictive rcguWons regarding the repair
of signs was no longer considered. The opinion of staff was that city regulations are as restrictive u
C state law permits.
4. Several questions were raised regarding the removal of signs, and state compensation requirements.
Staff was asked to find out how the Denton County Tax Appraisal office appraises the value of signs,
looking at the possibility of increased revenue if the full value of billboards were not taxed as
permitted by law. Many of the commissioners wanted to wait until the draft wa availabk before they
would be able to make corr mmm
S. The cbaages proposed by stiff were meant to fulfill the spirit and intent of the existing irgn
regulations. The estimates required to determine if a sign is allowed to be repalred or would have tab*
removed are considered to be ambiguous, and cost compariaan are difficult to conduct. The Wnpge
proposed would make staff administration easier. The temporary sign regulations were viewed to be
too open-v d with an indefinite time period that could in effect allow temporary signs to become
nearly permanent. The commissioom were not opposed to these eoocepts and asked staff to fagure out
the propoer wording and frxfude it in the draft for the public hearing.
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I that area of Eagle and Collins, also part it in a great t expressing any particular weed to talk about the pros
2 deal of pressure as acl1 2 and cons of dga regulations as they stand today In our
3 MS. SCH `Outtalk your. All is favor of 3 in chapter 33 of the code. It seemed tike the way
4 the mod on.n-2' D sr fy by raising your right 4 that the comments fell out, everybody bad a WHY good
5 on tmously 6-0. Why don't we 5 tenet of Wiere they stood phflosophfcally, tl lxst.
6 t be get into the next couple of items 6 with respect to the issue of of -X=Ise signs. Since
7 promptly at five to 7: D0, phrase. 7 that last meeting, %w have worked with the city
8 (Break taken.) 8 attorney's office to try to putt a draft together that,
9 M, SCHERTL At this time, we'll reconvert 9 in essence, takes the enabling legislation from Sate
10 the planning and Zoning Commission mating. I will read 10 and Federal laws and have applied them to the Demon
1 l Item No. 4, hold a public hearing and consider a request I I local Code paainiog to Cbnpta 33.
12 to rezone 4.729 acres from the Plannod Development 12 There was a question. I bdwee, that was
13 zon ng district to Usht Industrial zoning district. 13 asked as to wary does the PLwmlr g and Zoning Commission
14 The property is located on the east side of Mayhill Road 14 need to address this issue if city council has made the
15 at Gayle, Z•97-022. And this evening we were given a I5 request or inltuued this action mod we have put in the }
16 letter and at this time 1 world like to read it into the 16 suftrepat the chimer roqui =xwj that show that the I`
17 retard and it is from St is a ngvest to 17 Planning and Zoning Commission doa need to snake I
18 the pull 9 2 the Planning and Zoning 18 rornnunerrdatioas on natters slut ere considered pan of
19 C or g Septernba 10th. I 19 the zoning ordinance. And it is true, also, that by
20 will nformation for the planted 20 refernooe, the City sign regulations are part of the
21 dcvd understand all fns paid will apply to 21 overall zoning ordiaaxe for the City. If theft Are
22 the re-submittal for a later Plsnniris nod Zoning 22 questions about that, I'd be happy to answer drone, but
23 Commission meeting. Thanic you, Ronald T. koes. At 23 I'm not going to spend a lot of time on those.
24 this time, CommissiNtas, it 4 1Q 4ar discretion to 24 The conclusion that we've placed in the
25 grant this v i' my , ending that 25 staff report pretty much involved, fast of all, what
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I we do not I you see as the draft version of the ordinance. And for
2 MA sucEr. we wooed some kind of 2 folio in the tudicoee, if anybody does not bane a copy
3 direction. L&=a 3 of the draft ordinance, there ar: copies available up
4 Mk FOWELL. rm for going to the next it 4 hoe. The arc question that ve thaught ee needed to
S M5. SCHERTZ Is there any further 5 take it look al WU the method of WU1100 Inc silos and
6 disassion? Is them anybody here to speak eith 1'V Z 6 vve went thro rli quite a bit of wok to talk with the
7 or against? Is there anyone here other then the iJ1 7 Denton Cowty Appraisal District Cvff'rcx. Arad their
8 applicant either for or in opposition? If there iI;?' 8 the bottom line for the methodology tared for taxing in
9 I also would like to give the applicant a chance to 9 the city of Denton. And I believe ft's for all of
io speak in the proocss of reviewing your later, is 1D Denton County for that matter is that Off premise signs
I I there anything else yo,, would like to add? I I are coosidered to be personal property acd in further
12 APPLICANT: No. 12 research, vin have discovered that not only does the €
• 13 Ms. scHERTz. 'thank you sir. Are there any 13 Appraise! District Office use the cost basis rrdy as the
14 other furtber cornment37 We have direction then. The 14 method for determin:os the appraised value eta shim, it
15 direction is we will grant the petitioner's request and 15 axons that the State law limits WPrALSAIs only to
16 it this case from tonight's Agatda 16 tangible resets And intratgibde assets, sled A the
17 Item No. 5 hold it public hearing and 17 potetstial business value of a sign may not be tared.
18 consider amendments to Chapta 33, Signs Ordioaooe of the 18 I think tint we may have acme further
19 Cede of Ora woes. I will open the public hearing and 19 questions about that. And I know that W. Barak hn 00: R • •
20 this evening staff will be reprewated by Mr. Hill. 20 had a groat deal of time to look info tht Brea, at
21 MIL KrLL: 7hnnk you. Ibis is a second 21 least, that's our preliminary assMmeot I Also think
22 mating that we have had this item o0 the Agcnds fa 22 that a gentleman from the Appraisal District Office is
23 this issue. At the Work Session, at the last meetins, l 23 hen and maybe during the Public hearing sgpneny YOU
24 think that we got it fairly strong response in lama of 24 may wait to Mi him acne gtsatiou d roctly about her
25 the Planning and Zoning CoaunlWoom not Mally 25 they run their operations and how sigw core tented
PLANNINO AND ZONING MEBTTNO SEPTEMBER 10, 1997 Pap 45 - Page 48
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Page 49 Page S]
1 inside the City. 1 All or the items that we starred an
2 The last item that I'm going to bring up cad 2 related to the pr"tion of new bill boards inside the
3 1 think that pahaps wo an sumunwin before 1 get 3 city and the En and therefore, they ought to be voted
4 into the different satioas, we did as we said in the 4 on togedter. That Is why they are starred, if you want
S Work Session do four major things, First of all, the 5 to vote on them separawty, That the next one, the
6 draft amendments do prohibit the installadoo of new 6 Sections 33.9 through 33.11 have to do with the Sign
7 off-premise signs, both within the City of Denton within 7 Control Board, so those can be voted on separately. And
8 our corporate limits sad within the City 8 they you go to 33.95 ,ANcb is the estimates for the
9 extra-territorial jusisdictioa and that does mean that 9 repair of signs and then 33.211 is the temporary signs.
10 existing signs erected legally prior to the sdoption of 10 So we tried to break it out so the following your
t 1 the urffaments would be considered legal aaooooforming 11 public hearing and your deliberations, if you do watt to
12 tun and would be permitted to remain in place 12 break these out and vote on them separately, you'll be
13 The second pan is is that the capacity to 13 able to do so. So if you have any questions before you
14 remove through compensation Is provided by the creation 14 open the public hearing, I'd be happy to try to answer
15 of a sign control board. And that should be fairly 15 them W. Bucek an answer any gtesdom you might have
16 self-explanatory. The way that that would typically 16 about bow the Rdersl and State laws might have
17 work would be the coaunuaity decides if it wants a sign 17 influence; the creation of the draft and then Donna
is taken down It's up to the community to determine wham I s Bateman is available should you bm say questions about
19 that funding is coming from. The real job of the Sign 19 hmv the current sign ordinance: operates and about some
20 Coned Board is simply to follow state regulatory 20 of the research that we dud
21 procedures in defining how the amount of oampeoss-doo is I I m& SatuM Thantk you Before o9mmg it
22 to be determined. And it's fairly rigid 22 to the public, Ms Basemm, do you hm coy comments
23 We have put in the state law that dcfiass 23 that you'd like to add to W. Hill's at this time?
24 Hart procedure in your backup. 7be third and fourth 24 Ms. BATE"M NO,
25 items items are items that we considered to be trying to 25 m& k-KE - Do we have any queatiew of
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1 follow the spirit and intent of the existing ordinance. I stiff before I open the public hmuO Smog once,1
2 The first one pertains to temporary signs and that 2 think tit best way - this is a link different format,
3 allows a maximum one year advertising period prior to 3 I'll jug ask poWe to raise their bead that would like
4 the removal. There are conditions that stipulate that 4 to address the podium to speak on this item, and we will
s extensions can be granted, but that is really about the s take them one at a time sod there Is a five minute time
6 extent of that clarification. And thin, secondly, the 6 limit Mr. Reiner. Please give yosr name tend address.
7 estimates that are requited in determining wtether a 7 Mlt- pz-Q,1 : cenainly. My name is Robert
s damaged bill board can be repaired have adso been s Reiter at 110E Dallas Drive, Suite 310. Needless to
9 clarified and the language should be fairly clear as it 9 say, my pbooe has been a bum over this. 7Te newspaper
to is presented in the draft ordinance. Io covered it well. I wish obey had covered more, but
I I The one thing I had hoped to be able to do l l then, evidently, they hen not had the oppodunity to do
12 and I have not been able to do,1 would ask if you turn 12 that. And t]ut's ooe of the questions tout I would hire
• 13 to the second page of the stiff report, there is a 13 to ask These am not my gundoos. They may be in my
14 middle section tout says that the sections are organized 14 Awds. one of tbem is, why am we rat having rwm i
15 according to the structure of the existing sign 15 public input. Some individwb that hen bons on '
16 ordinance. If you could put a little star in froat of 16 previous sign committees, as you tsmembet this
17 the following sections, I'd appreciate it. Theo I'll 17 particularSign ordimnc went through a great dal of
is explain why. Number 334, 33-91, 33-93, 33-166, is conversation, nmieg, discussing; and such from all
• 19 33.167.1. You should have five items highlighted. TTte 19 sport of the city. It wasn't just the business
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20 reason I'm asking you to do that, we told you that we 20 people against wboever. The Chamber of Commerce was
21 would break these out, so you could vote on them 21 very involved in thL. Many people in this W" have
J 22 separately if you wanted to. T'In Section 33.2 is 22 taut seen that with ibis particular ci dimooe sad they
23 related to some definitioas that hays ban put in that 23 would 1104 to know wby. One of them was eves to bold to
24 hutch State regulatory language. 7bose can be voted on 24 say that historically Denton has beat ova to allow I
25 separately. 25 citiz= input or even form coamolam Mach as tbL sign t
PLANNING AND ZONING MEE17NO SEPTEMEMt 10, 1997 Page 49 - Page 52
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I ordinance and a question has been asked, is the council I know about? Where is the money coming from? Thai has
2 hiding something from the public. We have a ex problem 2 been somewhat answered. Wes I think Bostoo had
C 3 potentially perceived possibly. But I have had many 3 somdhirg to say about taxes about this one, but that
4 people ask me that question, Also, they want to know, 4 Mss a long time ago. I just wish that you would send a
5 this sounds from looking at that ordinance, this S message to the council stating not only do you not
6 sounds like a City-wide probibition versus something 6 approve of this, but you do not appreciate the time
7 that is supposed to be just for the scenic corridors; is 7 frames, the Lath of coordination within the citimts of
a that so? I this city who deserve the tight to have their input on
9 NIEL HHL Ycs, it is, City-wide. 9 this - may 1 have a few more minutes, please.
10 MR REFER: So it's not just for the scenic to MS, SCHERTZ: Yes.
I i corridors as some have been lad to believe? I 1 MR RME L, This is a very important
12 MA IULL• no. 12 document. You are going to have Aber people oarc up
13 Mx RELVEX very fine. Scenic corridors is 13 and probably tell you the economic factors on how these
14 an interesting terms- Is this part of the entrance way 14 billboard signs and temporary signs affect businesses
15 guidelines that we are facing. And, if so, what are 15 here in town- We are net tolling in clove as some
16 those gtudelnes? Have thry been developed yet? How 16 poople think we we in this market. There are still a
17 can you change existing ordinances to tenet requirements li lot of usdustr;n that antggk and if people don't gd E
is of a Corrodes Ordinance without guidelines to approve I I to we signs outside of just the sign on their
19 and open it to public viewing. It's Like creating a 19 storefront window, theft are a to of marketing majors
20 body without the spiaI acrd in the middle and then 20 that would love to debate that issue, also, but I don't
21 attaching these things. You may have an arm that's four 21 wad to go into that.
22 feet long here, two fed long bee, mod you have nothing 22 One other thing that Mr. Hill had mentioned
23 to judge it by because that corridor, entrance way, 23 through the cotnnpemation you said that the commuuty i
24 whatever you want to all it, overlay has not boa 24 will @d to decide the cost and what signs get to be
25 creatod, or has it? I may have missed it. I'd like to 25 torn dowm Arc you talking about a nfertodum vote? Do
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i know what it is. I'd hike the council to tt;U us what I the citizens of Denton gd to vote oo what bMboard
2 it is. I am sorry that you, ladies Lad gentlemen, have 2 signs stay up, which ores get tarn dawn, the cost of
3 to carry the first brunt of this over I think sloppy 3 that? And if that's the case, has anyone put the pencil
4 laziness from the council. But that was a Rob Reiter 4 to the cost of vote, of having this voted on by the
5 opinion, not a question the vvat asked. And I apolo& 5 citizenry? I think it's rather expensive. Please do
6 for that I would like to ask why a Sign Control 6 not approve this. I would like to have a unsairaus no
7 Board? What terrunology is that? Do wt not have a Sign 7 vote to the council. 1 would like for you to also amend
a Variance Board now? And %fiat Is the appal process? I and have the council bring this up Wore a forum, a
9 They were appalled that their appeal process for the 9 commiM-, mod tro,yt ~just two. This sign oniimsmce was
10 Sign Control Board is a district tout, Ladies mad to done, I think, in ' TV,' 9l. It took a loog time, ladies
I I gentlemen, so many industries are moving to modia6oo or 1I and ratlemm This Is just as important as the wrung.
12 arbitration. 1YAy7 Because they went to get it out of 12 And you know bow long that Contmritwe took. This is just
• 13 the Court system there. They mt clogged with cases and 13 not not Thank you for your time.
14 it is an expensive process and 1 do not think that 14 his scmaz. Tbank you.
1 S Denton wants this to happen. I think they would wed to 15 1.1R. n X-M. I aright clarify a couple of
16 be still considered citizen-frkodly. And that is not 16 points that we don't have any control over that Mr.
17 being portrayed here, ladies and gentlemen. On a 17 Reiner or sonic of the public are nit familiar vdtb.
is scltisb mote, are real estate sig ut indudod In this a Fire of all, the issue on public herrings Of coarse,
19 plan on the temporary basis because if they ate, l want 19 this is a public gleaning sod the council will have a
• 20 to show you several properties that I have that I have 20 public bearing. The - this is not a rewrite of the • •
2 L had a sign more than thra years and I are not no, I 21 sign ordirimm the kind of issues that Mr. Reivet Is
C 22 wis1~ not to hive my sign permitted and if there is a 22 talking about, if you remember, we had done a rewrite of
23 perm t, is there a charge? Are you beginning to nkkd 23 ilk inning afmance. And the Daa time we bad the
24 send dime people in Dcotoo to cow coats of other 24 m4 or committee deals, we had a rewrite of this sip
25 expenses that the correct{ does not want the public to 25 a4tutoce. All we're doing right now is how you ok in
PLANNINO AND ZONING MEETING SEPT'EM13ER 10, 1997 Page 53 • FW 56
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1 ordinances all duoughout our City code, if you want to I tart POwett: t was worried about this when I
2 amend a section or two to bring it in compliance with 2 first read it and I was worried when I secondly read it,
3 wtWever your desires we, you do that through this 3 but now I'm really worried about it because of what our
4 process we're dealing with hue. 'Rat's not to say tbat 4 attorney sai& If I read wbat you said correctly, air,
S the council may elect to form a committee but all you're S the message on the sign is going to determine whether we
6 fealty dealing with here is offVemise signs and 6 should get rid of it or not. What about the fuss
7 billboards, specifically. All the other signage, all of 7 amendment bere?
It the height requirements, all the major ddngs that out 6 MA sttCEt; what we're falling about is we
9 fought out in 1992 or whenever we did it, we haven't 9 have the ability on temporary signs and there's a
10 touched any of tbosc, We basically affect about two 10 structure to there bow they are Milt.
I l percent of this sign ordinance. So this is sot a 11 Mx mwELL- No. I'm talking about the
12 rewrite, but that's still a politkal decision whether 12 message. Fi'a'!'eel ity doesn't have to say for sale, if
13 or not you want to have a committee to look at this` 13 it says for a4:: 's okay. If it doesn't, it's noL
14 but, generally, we're never done that on a small 14 Is the message what we're talking about here?
15 amendment. Is MR Krm- what we're talking about is the
16 The other issue, the Sign Control Board, I 16 policy says that bee ytar they all come down. I'm
17 think what's mused, is that what we're dealing with in 17 saying we put a variaoce procedure in there where if
is sign control is what the sign lobby has gotten tlueugh is someone wants to come in and sock a variance to keep it
19 the Legislature. And it *pens to be that the Sign 19 longer than a year, they're going to have to roavince
20 Control Coard, thu's what they said they want if 20 the Zoning Board of Adjustnxat of a reason that makes
21 you're going to elimimk signs, that's what they tal w 21 sense.
22 the Legislature into, so we don't have any options. We 22 The theory that we have and that's in that
23 heed to write the ordinaaee just lvle it L4. The Sign 23 and Mr. Powell that may be eliminated by council, they
24 Control Board is the way in which they tell w, bow you 24 may cot want to have a variance procedure. But IS I
25 compa"t it, that's bow the legislature tells us and 25 drafted it, I mod to provide an avarue for someone to l
Pegg 58 Page 60
1 the council and this comminee have no leverage in I say there's a reason why 1 need my sign up move than a
2 trying to amend lour you're going to do it If you want 2 year.
3 to remove signs by buying them, you're gang to have to 3 mx rowEtU I appreciate that you had to
4 follow this statute and we don't have any latitude has 4 draft it std wWk it wz,& personal, it lsn'L But I
5 spoken and they've taken our discretion away. 5 am a tad upset about it* because everywbem I go, we
6 On real estate signs, I think, what wt have 6 talk about the fust an Co&=t WA Dow if the atessa9 on
7 in hex, an abuse it* has been seen by staff as we go 7 the sign determines libeler or not it gets throuugh, goes
s through this, is them am a number of real estate signs s to the secood year or wbeever, l think we're opening
9 art chum that don't say for ale, that may just say, 9 Muldves up to win we haven't even seen yet. You
10 well, for instance, let's take Fouts Reality, there may 10 know, it's going to make the Pep 13oy suit took ble a
I I be a sign out there on a parcel of land that's vacant I I an of beans here. It's going to kill us, 7bat's all 1
12 and it says Fouts Reality. It didn't say for sale. it 12 have to say on that issue.
13 just says Fouts Reality. The omoW on real estate I I sat HrLtu I think that them Is some
14 4-is is it's reposed to be a sign when something Is 14 clarificedoo necded on this First of all, in the
15 for Wt. And so whet we're saying Is, if you're in a IS existing ond'mmoe, if you want to look at It that way, '
16 business of trying to tell a property and wtuslty 16 it's already limikd In that manner In trams of the
17 marketing I% you have the ability to sack a variance 17 actual oonbcK I guess, Is W=tWng that a certain
I s flu way we've worded it, if within a one yam period I s event is going to take place. 7bat's what it says In _
19 you're unable to do so, But if you have a sign out 19 the existing ordlaarjm So all we're eying is we're
•
20 there that's not malty attempting to sell the property, 20 cwt cherngtrtg exactly what It h that's required in
21 it's just an advertising sign, then In one yam it coma 21 determining whether I thick, Wiwi we are the wry
I
22 down. So that's whwt we've attempted to writs In the 22 the ordinance nods is if you're advertising a property
23 warding we have here right cow. 7hmk yoet 23 for ark, R I t r , as in a way so Wimmise sign beeaum r
24 MS SMUT? Thank yDet Coanniafoaa 24 you're advertising for the property tin's for seek.
25 Powell. 25 But if you're cwt advertising It for sale and It only
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I has your company name on it, it becomes an off-premise 1 Ma coLnw E: May I interject sorned&g.
2 sign and is advertising something completely different 2 Conwasaiew Powell, I'm a bossiness owner myself but I'm
/ 3 and that is a distinction allowed by law. 3 not allowed to put any signs up and because I don't hnv
t 4 Now, the other thing it riot there is also 4 property, I can't go and just place signs wbe:eva I
S fire of all, temporary signs sti ll do not require S want. I think it's an unfair afirmtagc to other
6 permits. And, secondly, there is an exemption for real 6 business ownas wbo have proper locations 1W we an't
7 estate signs that are N square foot and smaller. So 7 as Fouts Reality does, so put a sign up beta" iXY
s Donna has to work with this day in and day out and i 6 own that property or they're representing someone with
9 don't mean to put her on the spot, but I think that, if 9 that property. Them bss to be a roans in wW h we can
j o Yrn tat mistaken, a good majority of real estate sighs 10 control, we cat, preserve, we an enhance our 11
I I rvaliy are exempt already by Otis. Maybe she an add a 11 em irortrtxax. And one of those ways Is by saying, this i
12 little bit to that. 12 is no fair. Just beausc you are in real estate and I
13 Ms. BATIE.auw l sal estate sign are defused 13 you bav a extra properties that YOU ao advertise your
14 as temporary signs. 32 square fat or less on 14 business, well,1 can't do that. So what do we draw
is structures. you know, on poUs that arc smaller than a IS the UA and bow do we permit 9e09k to advatise in the
16 four by four. You know, thou aren't put of the 16 boundaries whict is acceptable to all businesses, not
17 coocems and as far as looking at the face or the 17 just our real estate friends. !
is message potion, yes, in effect, there is a tam we is MR. toweLt well. you know, Elizabeth. I
l9 have to read the message to determine V it's an 19 tnAerstand what you're saying. But I don't believe it's
20 on-prcmise sign, an off-premise sign, a temporary sign. 20 the basins of the city to deride what's fair btweau
21 We have to group into some ')w of classification. I'd 21 businesses It's W the State's interest to decide
22 lake rot the attorney to step in if I'm W1`0% Is wbcn 22 fairness
23 you start saying, okay, real estate signs have to be 20 23 Ms uottanM yes, it is Why do think we
24 fat back from the nub. Cut it's a politial sign you 24 have the fuse eme0&1%Cnt? 1
25 can be five feet from the ctvb, fiat you've got two 25 MM Potvets. shag's nowhere In the
Page 62 Page ~
I signs that arc both temporary signs, but because t Caastittrtioo that ayes that the state :lull decide
2 classification a one is Considered a political sign, it 2 faimess betvveem businesses.
3 gets added benefits or is k ss restrictive than a teal 3 ms. cottantr No. It says that for people
4 estate sign. 4 and rights and staff like thaL So it's mot - I think
S MR. BUCE1C Right. The nature Of the cases 5 you're a link off on where we're going en this. The
6 that interpret that by the Supreme Cain, you have more 6 point is is that if we're g.*ing to make this, we're
7 latitude in controlling what is a commercial sign and 7 going to have to be, as Dove was saying, there bas to
s you're given some authority to look to desermirA if s be restrictions placed, so we art define what a sip is.
9 it's first amendment the kind that the content 9 You an't just ay everyone have a sign, it's okay.
io becomes a problem if it's religious, political, those 10 wt ►o9reu.: we have a sign **w= full
11 type of things. That's what the government wants to be 11 of restrictions. I'm only worried at this stage of
12 sure we don't try to limit. But them is some degsa of 12 the game - I'm worried about a lot, but at this stage
• I 1 that and it's always a gay area. And Mr. Powell, 13 or the game, I'm only talking about First Ameodrneot j
14 you're quite right. When do you go from gray to block 14 restrictions. If we start to worry about whether or not ~
1 S or white. Those things happen. If we get a case then is a real estate sign has the word ask on it or this ,
16 that would have a liability issue. 16 property for ale, taw we're Idling somebody how to
17 N% POwELL: well, what I we happening and 17 write their message. I don't think we want to go doves
1s I'll pith on Mr. Reines because hue's so pickable. I can is that route.
19 see Mr. Reiter running itmad town with little stickers 19 MIL tins: I wanted to take one more trade -
2o that say for sale and putting them on the Fouts sign 20 at this and tam maybe It's just a difference of • •
21 because it doesn't already have the word sale on it. I 21 interprewtiott The thing that I'm acting first or
/ 22 mean, you know, we're going from the ridiculous to the 22 all, the defuaWoo fee a temporary sign is not being
23 sublime here. And it looks to me like we're getting 23 proposed to be changed one bit, okay. Tbae's no dwp i
24 into fast Lrnendment stuff that I don't want my City to 24 wbatsoever. And it ends a iemtporery sign moms a
25 be involved ire 25 grand sign this is used to commasuiate or advwtise a
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1 single event which has not yet occurred and which is 1 locations, but if they were to go out right now and
2 temporary in nature. Examples of temporary signs 2 place a sign and not say that it's for sale, place their
3 include but are not limited to signs advertising grand 3 sign up, it's not a temporary sign. They ate not }
4 opcningN future construction projects and real estate 4 protected under the temporary sign section of our
s listings. Now, it's not telling people what to put ore s ordinance. It is an off-premise sign and it will be
6 their sign, it's the way in which the sign is used that 6 processed as an off-premise sign whether that be getting
7 is being defined And that is axtainly something that 7 permitted as an *ff-premise sign or involved getting
8 can be done because that is how we 69inguish - we 8 state licensing. It's - that's the way it's currently
9 also distinguish in that manner when we look at 9 handled right now. So that major concern that you're
10 on-premise versus offp=4se signs. So we're not at io having is already in the regs.
i1 all asking for any change to temporary signs the way 11 MR. D*ELBRECHT. his. Bateman, if the City
12 that they're defined, we're simply ay that some stay up 12 defined that as an off-prt:mise sign, what is the penalty
13 for a long time rod it is time to see if they tight to 13 for that, if they do not if you ask them to remove it
14 cone --1 mean, some Of them, if they ore not 14 and they do not?
i s advatising uuly under the defmition of %emporuy 15 Ms. BATEMAN: The ordinance allows for up to
16 sim then maybe they ought to go cut and gel a permit 16 $2,000.00 per day for the fine if it goes to that
17 just like everybody eLse has to. That's what we're 17 extent
1s saying Is MR ENGELBRECM: co the City oould bring s
19 t4R POWEtL• But when we talked the variance 19 case in Litigation std the real estate company, for
20 to bring them down or not bring them down, we're now 20 example, could wind up in Court or in some other legal
21 taildng about cxecuting the variance based on the 21 circumstance if the City decided to define it as to
22 message. If it says this property for sale, if 1 22 off-premise sign?
23 understood what the attorney told us, than we could give 23 MS, BATMAN: Yes.
24 them a variance, if it just lists the Realtor's name, N MR ENGELBRECHT: Thank you
25 then we ciOdn't because that would be quote, tmquote on 25 MS. GWRDIE: I world lace CIWT)icsdion ore
Page 66 Page 68
1 off-pram a sign. Now, we're worried about the message 1 Mr. Reiner's question about wtvat is a scenic corridor.
2 being wte-her of not whether they have availability 2 Ms. BATMAN: A sonic corridor, depending
3 of a variance or not, if I understood what he said. 3 on the city that you're in. Housto0 and Atsiin have
4 MR BixEx And I think what we're saying to 4 defined areas that - they have defined as static
s you and I don't have any problem and we an take that to S corridors Fee example, just to make one up for Denton.
6 the council is you're saying the only way to reduce your 6 1.35 from city Iimits to city limits could be I scenic
7 liability on those issues is to eliminate the variance. 7 corridor. A prime example, in a MkIn W wry, vote
8 And legally I have no problem diminsting the variance. 8 axtendy have a ownie corridor right now in Denton but
9 The variance is in there because, politically, it seemed 9 we don't have it fisted as - or labeled as a aoenie
Io to me that that's what's &rkV to happen, that most of to corridor. It's Oak and Hickory Strad In the historic
I 1 the time, it's just like the exaction variance today. 1 I I district Tbey have their saw Be of a* regvlatiooa
12 mean, legally - there's a simple way legally to handle 12 The historic district has its own. so you're not going
! 13 those things but we have a variance proce6im because of 13 to see billboards. You're not 1104 to we 0000 ligbts.
14 hardship and those kind of things. But Yu'm right, 14 You're not F&4 to we it lot of the signs that You may ~
15 any time you put that discretion in there, you open 15 be able to sat taaewbee else in town. Those we soeaic '
16 yourself to go too far, So, yeah, I thirds it's very 16 oomdom They rue protected as for as they bane their
17 appropriate, Mr. Powell, for you to recommend that the 17 are ad of r guldiona
1 s variance procedure be removed in attempt to eliminate I B M& o0 mm. so to anwwa his queaaoo, we
! 19 any possible litigation over that point. 19 need to define scenic o ridor for Denton because be was
20 Ms. BAT4A km i just wanted to state wbat 20 sayin that wa wa'e not facluding the public and the • •
21 your concern is is what is mmritly in the sign 21 public doesn't understand that we - that they aren't
22 o dinana. Rightnow we only allow temporarysigns; 22 being sufficiently, atpplied Informstioa about what a
23 Le, real estate signs, grand openirtas, whatever on a 23 scenic corridor is and wbat We're exacting to do befc,
24 temporary basis, If Fouts Reality were to go tut right 24 is it defined anywhere or should tar define it f,rtbdt
15 now even though they may have and I may know of a few 7S m autex: No. I drafted it witbout
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I reference to scenic corridors because the direction, as I wonder if we might briefly detim where off-premise
2 1 understand. is we don't wam billboards, any new 2 signs are currently allowed in the Ciry.
3 billboards anywhere in the city. If you want it to be 3 Ms RATEmAm in omtsidentW zmiag
4 just a scenic corridor, then that would weaken the 4 districts. They - contrmrcial, general rwril,
5 ordirsanoe if that's what's desired. That would weaken S neighborhood sera, cvcriwh= eexcept for resid
6 the ordinance and only limit it to those areas where you 6 zoo ng district including *g6cultural acid planned
7 created scenic corridors. 7 developments even if commercial is allowed in the
I Ms. GOJPJ>I is that something that we u a I planned development. We do, however, I'd like to add -
9 panel would like to discuss or 9 we do have a couple d conditions zoning districts along
10 N!IL BtLt: You can submit a recommendation 10 1-35 or conditions that was brought before the Planning
t 1 any time you want. That would be fine if you vrmt. 1 I and Zoning Commission and approved by the council
12 Another thing just very quickly, end this 12 prohibiting orf-premise signs in those districts.
13 happmcd dying some of the Work Sessions too. There's 13 MR. erOELBRECTrr: But, geaeraIIy, V it's
14 this term scenic corridors and rhea overlay districts 14 nomresideatial anywhere in the City of Dtaton and it met
15 and all of this kind of stuff. Then is another broader 15 all of the requirements of the sprucing end size, et Ei
l6 issue the City Council once looked at and that is 16 cetera, an off•pr8n'tse sign could be erected
17 aesdviie considerations being taken care of for major 17 gas. BATEMA`' Yes.
Its transpottatioa rwes going through the City. Than is a 1s uIL LNGEUMECWt so if I back up to
19 compi:tely separate thing. and we was asked by City 19 anything other am a residential d strict, if any home
20 Council to take ate of off-premise sign. It his been 20 becks tip to anything other than a residential district,
21 caked scenic corridor. So it's kind of generic term, 21 1 could have as off?vnise sign right behind me, if it
22 but it rally is off premise signs we're talking about 22 met any other rcqulreaxnts of spacing, et Cetera, 1.540
23 At a later date, we have ban asked by City Cotrridi to 23 foot d oetera? FL% to
24 add these spocific roadway condors and lo:-~ e. 24 tits. BATEMA.: Rio'- You're get
25 eesihedc concerns and how to deal with t' bat 25 1 ate other requirements as far as residential but,
I ~ Page 70 Pap 72
l essay be s completely dif,' $)latn +k " t:,-y I righu Yes tnrneooe could put one there
2 that we take to city toot ici: r,', ' - : g k -hare 2 M ENGELBAECt1T: Right baatae it wouldn't
3 through the Flaming sod i ce'P c e n,, miry!. ' as well. 7 be erected on the residential?
4 MIL POWELL 1'd like IO add to this, it 1 4 res. BATEMA.Y: Right, right. And there are
5 could and explain that my understanding of wb= sceaic 5 several aloes 311 that abut residential districts.
6 corridors tune about is the fast page of this staff 6 ML LNGELBRECHT: Okay. Thank you.
7 report. It says the subject of our public heatir$ 7 tits. scut m At this aim. I am going to
s tonip'd is quote, unquote sonic corridors, reguWjons 6 open the public hearing and ask Mr. Redding if he'd like
9 of glens. That would irdicate to me that we were 9 to address the podium, please. All right. Mr. Frazier.
10 talking about sign regulation in scenic corridors. But lu I'll let you pus it
11 when I read the adlnanee chants it was obvious tbat 1 I Nuys FRAZIF Don Frazier. address 1213
12 we're talking about urn regulations in the whole 12 Bens Vista Drive in Denton. I didn't prepare quite as
• 13 'dadburn' city. It had nothing to do with Scenic 13 eloquent a speech n my eolksgue, Mr. Remy:, but I do
14 corridors, so I'm not really ewe why We were given that 14 bave some coo=ns synth this ordinance sod the revisions
I s high sounding tern of weak corridors. 13 that I have nodded in reading throw it, cot only for
15 tat tuLL: it's what city council abed it 16 all of businesses in Denton and whether it's an
17 tits. 6 imE. so we could define, if we were 17 amendment or a rewrite, I think the changes have a
I I to conarr on this that scenic corridors moans the City, is signifraat erled on the business community in Denton
• 19 that our whole City is a scenic corridor and that's what 19 sod their ability to advertise edit UrAotal bowewer, • •
20 we'd like for it to be. I know you-all are Iwshmg. 20 I am going to focus on my paticidar iadt wy sad that
J 21 but that's what we're defining that we oqu@ ed it to 21 is the real estate industry. Acid, uafortinOAY. I Wish
C 22 mum that sonic corridors is err City, the City d 22 I didn't have to say this, but I have several properties
23 Denton. 23 listed that have not sold within a year and, therdo e,
24 tat, POWELL. s sn}ee. 24 my sigma have remained on the property for over it
to
25 Mkt EtGEI9P.EM. kust for the record, I 23 Year. Fiat of ill. wbo s 804
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1 determine when that sign went up? Is it something 1 other sign regulations In a lot of other cities where
2 that's going to be date by city staff member driving 2 you have a set of rules, You can only have a outsin
3 around town saying [bee's a new sign and this I% you 3 setback. You an only have a certain size and that's
4 know, lawary 1, 1997 so that on lanuary ' 9 S, we've got 4 it Now, won somebody canes and alts me, well, I need
3 to all this guy sod make him cane in for a variance. s to put a sign up on such and axh area l ask, well,
6 You kr r the TRK which is the gm-eming body for the 6 where do you bare your business? Does it face a certain
7 Texu real estate community does net allow you to put ■ 7 road? Does it fax s oertain type of sums? Is it en
a sign advertising your tame or for sale or for lease or ! arterial, major artuisl? Is it a seeoodary seines? Is
9 for anything else Helens you have an agreement with the 9 it on the comer of 1.35 and Loop 298 and how much
10 property owner to do so. Tbuefore, we can't go around 10 rrontage do you have? I man, I go through a list of
1 I town putting signs tip arbitrnily to advertise our I l questions a mile long before I an ever anm x their
12 companies. 12 question of wbet can I pus tip. It's very complicated,
13 Now, we bane a sign up specifically for a 13 very difficult. Right off the bat on the off-premise
14 purpose and that is to either advertise the property for 14 sign, I need to address that a little bit. If you'll
15 sak or for lease or to {d pwpk know who is managing. 15 look at your definition, n off-premise sign is a sign
16 We have a lot of retail strips In town, farm that have 16 disptaying sdvert9sirtg copy tbat pertains to a busneu,
17 ■ property manages or leasing agent that lases those 17 person, organiretioe, activity, event, place, service or
I a properties for yeem lust because the year Tolls is product. Would a reel estate sign advertise a service
19 around doesn't roam that property doesm't need to 19 on that partim'sr property? Is it on off-premise sign
20 maintain a kasing agent to replace tenants wbo move 20 at this time or is it a temporary sign? I'm hn* a
21 out, move in, et cetea I think the requirement to 21 hard time. it fits in any of dwsc categories bemuse
22 make a real estate agent come in and requst a variance 22 that and estate service is to sell that piece of
2) for his sign to have bees up over a year wwW be very 23 property. So it stem VaWWkding I'm W Ping to
24 amnbersome and -cry time Consuming om not only the 24 try to gd into those things tonight. That's not or
25 city's standpoint but certainty tit real estate 25 issue. But more than anything, what I'm concerned with
Page 74 Page 76
I community's standpoint 1 is I am for regulation of sigh conuwy to who you
2 1 would asked that this be carefully viewed 2 may think. But I definitely am for the replatlons of
3 in the effect that it could have on the real estate 3 signs. 1 thi oft it's In its place. It's all - just
4 community because in our particular industry, sigrage Is 4 like zoning txdmrtces ate needed, i wouldn't invest in
S one of our most critical pieces of advertising for the 5 a piece of property mod somebody destroy the property
6 property. If I Can't maintain a sign on the property, 6 meat to it. The same thing goes with the sign. It can
7 it's difficult for people to know that it's for sate or 7 destroy the value of a property very quickly or it an
8 for lase of that I'm managing it. And believe me, the 6 enhance it one way or the a1 ~ oi i+ crav revenue
9 Teas Real Estate Commission will ad with an agent in a 9 into our town.
10 hurry if he's going around town putting up signs on 10 As a stpoyer,l'd like to look at it from
11 property in wbidn he does trot bave the owner's approval I l the vkwpoirt only. The billboard sign up and dose the
12 to do so for the purpose of either marketing the 12 highway, to blartladly say, no move billboards, period,
• 13 property foc sale or for kase. 71nk you 13 Inside Denim City limits is a pretty brood statement. I
14 m& scaptz Thank you Would someone else 14 uoderstand he need for control of those things. The
15 from the audience like to speak? Mr. Redding. 15 corridor going into 35W and 35E in particular, I '
16 m L RFDDLYtk Good erYaing, Madam Chairman 16 uWastmd -1 know there's a lot of acti MY In tbt
17 and m embens of the Commission, I appreciate you letting 17 southern part of Dentoo Cowry as far as sbe race tuck
Is me speak- My name is OUT Redding and I own a sign is goes and there is going to be a lot of development. And
19 company bare in town and each every day - 19 [bete already is on 35E noes. With a link bit [Hare •
20 mp- row au And you address, sir l 20 regulatiom, a link bit mere koi* into 14 a little
21 7 t0.1tEDm* my address is 211 Woodrow 21 bit more &t rmination of exactly wbat we wsot a an
22 Lane, Denton, Texas. Each and every day, I'm faced with 22 sestbetic if you're going to address the an6etic
23 customers coming in and a very difficult task of 2) values of the city, let's loos Into that a little bit
24 aplaining to them what dt sip ordirrmoe Is, period, 24 more, maybe rum a special puaush cc I'm cwt saying this
23 the at that we have right now. It's not like most 23 is kPd, l don't kzww. I'm Just throwing out idea, a
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1 special use permit for an off-premise billboard sign, 1 in, let alone, you having to have a new staff person to
2 bring in some tax revenue, use 14 not destroy it 2 say, okay, you're not charging fa a temporary sign
3 Don't run it away. 3 permit. I can't imagine you doing this and being
4 As a traveler, if you're going through a 4 efficient with it without having to charge for a Permit
5 town late at night, you're coming across, you're out of 3 mquiranent. But you've got to establish I time somehow
6 gas. 1 don't know where 1 can buy gas,1've got to 6 or another or the Peopae will say, no, it hasn't ban up
7 look I have certain Credit cards that I an use. 7 a year. Well. Yeah, it has bO=m 1 bare a record-
8 khem is a Texaco station? I'm looking for a billboard a You had to craw is You've got a kmPOMY permit Of
h you understand, if you did that
9 sign. Where is a place to stay? It's late. I've got 9 whatever, And so tat
10 to find a hotel. Do they have a hotel lice that? Can I 10 today and you had to go you vrae over a yw and you
11 buy gasoline? Can I eat anywhere? We're going to miss I 1 had to go before the Sift Code Board to get an a pension
h, that link procedure coats S 100.00, win or
12 a lot of revenue tom rug Oro* town by eliminating off, 12 on tat
13 premise signs and billboards. 13 lose.
131tow I think that it's like 14 So PR're not talking about soanthing Hut's
14 And, again.
SS every ohter situation, there's a few of those billboards 15 oh, well, it can be pushed over here. It's going to be
16 out on the freeway that have dilapidated, that have 16 a Complicated prole a. And it's going to be an
t7 infringed on the law, that have pushed it to its limit, 17 txpensirt process, And reel estate is a very viable
is that Deed to be addnssal, and address those. Don't cut 16 industry in our City. Please don't send the wrong
19 your bead off because you have a beadache Please look 19 message fo the businesses, P ase ku just work with
20 at it in those tetras. 20 than and help me, if nothing else, dderminc and
21 Also, going back to the kmpmtry sign 11 deeipha our corninents. I won't read it I'll tell you
22 Leave, I understand the abuse that has been going on 22 about iL "McKissick Real Estate GrouP sent ate a letter
23 with that It would be better if you could sit dawn, 23 explaining their position on iL There's been several
24 please, sit down with somebody that deals with it every 24 other Realtors that I've talked to today. Dot only abotd
13 day and talk to you aboua some of the 9=601 that do 25 billboard 4m but wroPorarY signs, that they aVr~ 0
Page 78 Page 8Q
C l happen and how poopk abuse that temporary status and I their opinions on it It's an exbtrl concern. It's a
2 make a permanent sign out of iL Because the 2 very, vtry volatile subject As you weI] know, if
3 regulations art so stringent in this town, that's where 3 you've been in Denton very1oag, it's very et»Wioaal.
4 your why you're finding this abuse may I have one 4 And it doesn't have to be. 11 can be - well, it will
3 more minute? 5 always be, but it could be talked out easier if soan:body
6 Ms. SCHEATZ sure. 6 would be identified. Thank you.
7 MR ItEDDNG, - along with those 7 MS. SCHER77- if you'd like to read Mr.
S regulations of temporary sigm. As the ban= a McKissick's ktter, I have no objecti,xr. Does anyone
9 rcquiromrnt is now, when you Id a banner, there's a 9 else? I feel if you took the time to read it, it needs
10 sticker that goes with it rod it identifies a date, you 10 to be of record.
I I know, you have to go in and Be a paint, You can I I MR 1tEDDQJCS ?}hark you McKissick Group
12 regulate it if you slut regulating temporary signs 12 ]Leal Estate Services, to whose it may concern, Denton
• 13 and real estate signs are going to have to fall in one 13 Planning and Zoning Board in parentheses- My name is
14 of theta it's either yN1m going to bavt to exclude 14 Jim McKissick. 1 art the owner of Keller Williams
I S them cornpletely or the off-premise or temporary 15 Reality fmaoa - fraath4c in Denton. After reviewing ~
16 signs, Ihow err you go;a to monitor that? There is so 16 the prop%ed sign ofdinexe, I feel this ordinance will
17 marry real estate signs that flip-flop during the day. 17 adversely affect sty business and 111t business of the
18 You haven't oveo talked about residential is real estate agents in this market Many of us Sell
time
• 19 signs and I know you're saying, well, if they're kss 19 commem-W real estate in Morton, the fee, plus
20 than s`.x square fat, well, you don't have to get a 20 it takes to go am # the permit approeal process would • •
21 perm:; for it. Well, then you're going to have a whole 21 be costly in time and money. In addition, I am
22 thew r, orld of problems here. 1Ye11,110w comic 1 sell real 22 concerned about the taxpayers in Denton buying - or
13 estate and I have to gd a permit but this guy sells 23 paying for the purchases of existing bWboa & 1 a a
24 real estate and be doesn't have to get ate. You know, 24 all for the beautification of Deato4 but trot has this
25 that's all kinds of questions and headaches that come 15 mtadate dictates. A 000=9d eidtta, Jae McKissick
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I Ms. k-HE RTL Thank you 1 - I roevi, under the ordinance the way it's written 2 Ms. GOVMF Actually. I have a question 2 right now, you have to have 1,500
foot spacing betwtxn
3 for you, Mr. Redding. Being a sign company owner, what 3 on oft-premise sign and there could only be one
4 are the as I drive around Denton, what would be a 4 offprenrise sign per property and so it can't look like 1
S recognizable sign that you could tell tux? Who do you 5 that. That was way 35E was before time. So and
6 represent or who is some advertising that I can say, I 6 that's the example of why some of these ordinances went
7 know that. I've soon drat billboard or - 7 into effect. It does need to have control on it and 1
8 MR REDDNre. rve painted a lot of - a lot 8 agree with that. But it woa't that's crying wolf.
9 of the real estate signs that to into play up and down 9 it won't like like that now even under the current
10 the straight, 10 regulations.
1 I MS. GOJME. Okay, I I And under the current regulations, they're
12 MR. REDMG I only paint signs. 1 don't 12 extending those boundaries, I think4 up to 1,300 feet or
13 do lighted signs 13 I read that somewhere. I may have my inrormation
14 Ms. GOURMET I guc% what I'm asking is I'm 14 Wraty.
15 looking at billboards, do you represwA people on is Mt tltx'ETC: We're not charging it, but I
16 billboards? 16 think the 1,500 root spacing, I tbink, is wont you're
17 MR. REDDL;Ca 1 pains billGunrds. 17 saying is what it 1&
16 ms. wwtctE: Okay. 19 MR- REDDD;&. No, wbat I'm saying they're
19 MR REDDNcr taus urstally billboards are 19 wooing to extend this into the Fit, also, the billboard
20 already owned by a company or so individual. If the 20 requirements.
21 company owns it, they have their own staff of billboard 21 MJL BUCEtt: ON yes.
22 people that jug go around the country to paint those. 22 MX REDDINac So not only In the city
23 Occasionally, there will be someone that owns a 23 limits, but in the Fri, you couldn't leave billboards
24 billboard that will all me that has leased it out to 24 off-premix any closer that I, W fed to each od".
25 another business acrd they will all tux to paint that 25 Mac ENcwma Pf n; Right. That's If we, in
Page 82 Page 8 }
1 sign. I fact -
2 MS. GoURDi&: okay. So the signs that I'm 2 Mt RsDDon Yes, if you in fad Wvpted
3 looking at that you tiro involved in are the type that if 3 those.
4 I'm driving, let's say, Lillian Miller, and I look to my 4 MR- ETGLABRECHT: - extended into the ET)
s right, I sin a First State Bank advertisement that dry 5 which we have out done.
6 want to sell die property or I look to the left and I 6 mx REDM& Yes, sir. And I sm co oenood
7 sm that this gentlemen had just sold the property that 7 about the citizens themselves, you know, who's going to
6 tx was representing. So those arc the signs you're 8 buy these signs. N a taxpayer, l don't really want to
9 talking about? 9 buy any signs. 1 men, you should just say, you have to
10 MR. REMUNG-. Yes, ma'am. 10 fu it up. We've got an ord oana now that says if it
I I MS. GOURIXE: Okay- Thank you. 12 takes 60 pet OM4 or more of that v'alw of that sign to
I7 Mot ENGELBRECHT: I have a question with 12 repair it, it coates down if it's a legal nonconforming
• 13 regard to off-premise signs. I'm Dot quite sum 1 13 sign now, just enf&or .t. Don't buy any more.
14 understood your position with regard to those. For 14 And then, again, it sass me slat
15 example, 1-35E from Loop 288 io Shady Shows Road,1 15 gowriment -trot that you would abuse il, but somebody
16 believe we have maxed out at least on the south side? 16 else may abuse it, well. I don't particularly like the
17 MR. REDDM. Yes, it's over-sattu'ated. 17 sign that's over hue. It doesn't moot any other
Is MR. ENGELBRECHT: And under our current it critaia, brit I don't like it, a Id's take it down and
• 19 ordinance, 35W could look exactly the same way with 19 Id's bury it bearoe I went it out of my odghborbood. • •
20 perraitting? 20 More does it stop? You know, you've got to have Of
21 MR REDDfNO: No, sir, it could not Those 21 1 think you have to have a ad of rules that everyone
22 signs see, that's what's confusing about this. It 22 ark follow and fed comfortable with
23 couldn't look that way. Tbe:re's no resort to get 23 m& t]rtiFlDItECMLs ibis ordinance doesn't
24 a] mned beause those signs on 35E are not 1,500 foot 24 Deuetso fly stlgoW that the City would Of taxpayer
25 spacing as the state requires. Now, if --tinder the rew 25 dollar would be teed? Anyone could purchase the sign?
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1 MR. REDDL;G: T0. &=ding to this draft, 1 MIL POWELL' The same Sign Ordinal= we
2 the City - of exaue roe. according to the supplement 2 fought ov'tr so valiantly for yeas.
/ 3 that Mr. Bucck gave with the stiff 1TProva1 that the 3 ML REDDD;Q Yes, sir.
4 City would be responu'ble for the payment of those 4 MIL rowEtt: And people lost hair over and
S signs 5 things like that.
6 1 tit BLJCEIt: 1 think What the COMMI OOU is 6 MR. REDDc~a some more than, others.
7 saying is that there is no discussion of how you obtain 7 M& rowELL: I'm sorry. I couldn't help it-
S those funds, you an obtain those frauds it number of 8 MS scram Arc there any qu2estims of Mr.
9 different ways witbour using tax doll am 9 Redding?
10 st.4 REDM40. Oh, I sm 10 mx R mNcr Thank you VCr3' una
I l MR. BUCEIL. But you're right, the City 11 NM SCHERTL We apprxiRM your Care. 1
12 ultimately let's say the cigarette company to make 12 understand that we have a gentlemen in the audience from
13 their image better and gives us 510,000,00, We aD ptA 13 the Sign Appraisal District. Would you tare to address I
j4 it in than fund and then the City would use those funds L4 the podurn and give us some further insight into this
17 to do it - wouldn't be the cigarette company but IS situation?
is 160. REDDD*. Olyay, Id ML D;GONI> I'm ;Oho England with the i
17 ,m Po%mw while you're up there tad you 17 Denton Appraisal District, appraisal supervisor over
18 wen tallying about 35W u opposed to 35E and maybe Donna 18 business personal Property- I'm not hoe to speak for
19 can help bere, too. It's not just the difTerence in the 19 or against the issue tonight. Basically, all I have is
20 1,500 foot as I remember. There's also a considerable 20 a link bit of information about what we do do and what
21 difference in the six of the sign that coo go every 21 we have in the way of signs and values and ao forth. 1
22 1,500 foot 22 think it was roentktlcd before that the valuation process
23 MR. REDDINQ Yes, Sir, there sure it I'm 23 and the way we are mquifed to "Jue signs is done on
24 sorry. 24 the basis of their cost to replace new Ins true
2S MR POWELL, so it can't look anything like 25 depreciations; In oil= words, their physical value or
Page 86 Page 88
C I 35E bwause of the two factors, the 1500 foot and the I the r physiaI worth not as any kind of producing
2 as I remember, the new sign WeR Ibaut om fourth 2 entity. We have "MUy oo the '97 tor: roll in the
3 the sire of the existing sign. And if T'm off on- tbat 3 City of Denton billboards a outdoor signs valued at
4 one thins. 4 just under $700.000,00. So it's not a gigantic amount
s MR REDDL\O, 50 that YOU an get a 5 of money.
6 proportion of what we're talking about simwise, the 6 That reprwarus around 16 different property j
7 requirement now would only allow you to have a 250 7 owners. I'm not real sure how many signs that that
8 squaw foot sign on the Interstate A 10 foot by 25 8 reprarnm It would be several doam% of cOww.
9 foot size would be the maximum. Most of those 9 MR. mu can I ask a quit t question?
10 billboards are 14 feet by 48 fat That's a standard io Mx E~GU~D M".
I I billboard So it's a considerable sine tUfferrna. And 11 MR HILL' To repeat, was that inside City
12 I'm not trying to downplay the umutractiveaess of all 12 limits?
• 13 of the signs on the 33E corridor especially around those 13 MR ViGtANIX Rvide city limits
14 residential areas, but there are reguhtiona now, too, 14 MR HILL And hat's total appraised value
is that you have an extem&UY illuminated sign is was $700.000.00 approllrolitctP
16 within so many fat of a residential area And those 16 MR E jrLa.ND: Rot below $700,000.00.
17 things are already in Way and we've got the toot to do 11 Probably, I world estiant0. because I work thew things,
IS it right now. WC just Doed to massage it a little bit 18 the average sign value we place on them would be
• 19 or tcork oo it a little bit. It's there. It's tort worth 19 sotnewbom in the neighborhood of S 15,000.00 a sign. The
20 opening the worm up again- 20 slue of them If they vmv to be purchased a be • •
21 MR POWELL, This dalertoce is 35E sad 3SW 21 compensated fof, I think, would be several multiples of
22 comes about through the sign W&naooe that we now bout 27 that bard on that I've been told We don't get into
l 23 correct? 23 that Issue, W I have WO some mania on Ot
24 mx REDma that along with the state 24 valuation of signs based en intone And it's artainly
25 regulations, yea, sir. 25 more d w we have the necessity for.
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I Currently, our l'imitat'ion is that we ale 1 10 by 40 or whatever they might be and put a value oa
2 required only to or we are limited in oahy being able 2 them commensurate with the income that they produce
3 to address the tangible value as was mentioned before. 3 compared to the other property around it which is a much
4 Also, the intangible value of a sign is primarily 4 ksmr rate. I don't think they were very sucttssful in
3 reflective on its location, the traffic flow, the size 3 doing that. It gets into sort of a permit-type
6 of the sign, those kind of things much like any 6 situation much like a landfill there's been coot
7 advertising. The mac people that it bas exposure to, 7 Cases on that, that deal with the value or the land and
8 the more value the message on the sip will have. That 8 the vehx of the permit. If 1 tmve lend and 1 have a
9 doesn't have much to do with what it costs to build it, 9 permit where I can operate a lwdfdl, the permit is
1o just who sees it and makes themselves available of the fo worth a lot more than the land is. The lmd is erefarroed
ii products that are advertised. I I by Luc fad that it's a permit that adjoins it a that
12 Mtc 8ucm- could I ask you a question about 12 goes with it, but it is not the land that's worth the
13 that That's a diffetvlty issue thr we I've speot 13 money. It's the permission to use the Ind in a certain
14 this aflcmoon trying to look throt4iih, is there - could 14 way,
15 you if you don't have it today, could you check and is Not Dvar: Well, if you should happen to
16 sue if tlKne is a statute err eithx some cases that you is find anything when you get back that would really help
17 have thtu interpret the advertising copies being 17 me on that, I'd appreciate it. I lasderAand the concept
18 intangible because 1- this sftw3om I did soots 18 you're working with. I just baven't bow able to flod
19 Iooidng and I haven't completed it, but I can't find any 19 the law that nWorts that issue. But I may, but if you
20 authority for the fwdiag of the appraisal district that 20 can short-circuit it, I'd appraiatt it
21 the advertising copy value is as tots4bit 21 Mil HXL A quation 1'd LU to rile very
22 MR ENGtA.w xo. It's not the copy that 22 quickly is it seams as though the method of vahastioo is
23 would be intangible and I don't know of any ass law in 21 the cost reproach which considers off-premise 4n to
24 that respect either. It would be from the standpoint as 24 be personal property.
25 1 say, if a sign, for exunpk, a rxw aft today would 23 Nix > 40LAxn: Yes
Page 90 Page
I cost $35,000.00 to acct. Ybat would be your typical 14 1 Mfr WL U And 1 was just woodaing, is this
2 by 48 double•faoed pole sign along the intastuo. You 2 pretty mucb standard throttgbout the State of Ttm
3 also could erect the same sign on 35W with nwcb lesser 3 beaux of state law?
4 traffic flow aved if 1 wanted to rent spas on it, one 4 MR V4C4-CCU Yes, it's a - for several
s would cost me much more than the other, that's bemuse s reasons, the mein one being the most often the ownership
6 of location. Location Is the intangible issue that we 6 of the sin is not the same as the landowner. It's a
7 can't address. 7 ground lease, this is very typical. You can own a
8 MR. aucex: You do that on real property 8 brick bane but not awn the land below it. So the home,
9 because tocu on affects the value of all your real 9 even though it would be considered teal estate is still
to ptoi a . 10 treated n personal property on the asses`mmt roil
I1 MR etch vw Right it because that is no [nod that is attached Real estate
12 MR BUM see, that's what I'm one 12 is defined es lend and anything that's attached to it
e 13 lmdasta d ng location is considered by you-allin 13 If tbem,s separate owterahfp then the item toot is not
14 your appraisals and thu's why I'm not vodcstan4ag why 14 that is ow: ed by someam other than the lmdowoa has
15 it's not considered in billboards. is to be assessed as personal property and from the
16 ult. EiGUVP. tot location would or could be 16 standpoint dim we dal with a nsmeba of WW that am
17 a coosidtsation for the ImA or for the location of the 17 business entities and treat them as Personal propertY
18 sign itself but not the actual structure. The structure 18 , Nch as gas tanks in the pound they we larder to
19 is wbat it is, It is enhanced by its locetioe, but the 19 retrieve than even sign but beciam the ewoasWp, bow • 0
20 actual sign fray our standpoint and being a tangible 20 they're operated, they quite often ant Wereot
21 asset, is it worth more beatae of whore Wa placed 21 ownership than the person who owns the teal case land
22 Obvioosly, that has to do with the revenue tbat's 22 they're treated u personal property.
23 generated from it. hat's an issue that I believe 2J MA POWELL• if 1 may.
24 Dallas CAD tried to address a year or two ago. They 24 tut. satmm Yet, sir.
23 tried to take those ground kaas and they are u s ally 25 Mx. powELL- tor, &rgland if I taodastmd
PLANNING AND ZONING MEB17NO SEPTEMBER 10, 1997 Page 89 - Page 92
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l you correctly, you appraise a structure, being it a 1 flow of the location of the exposure to the marks, very
2 house or business building, wardwise, or whatever 2 much lute you an buy a site. You an build the
C 3 exactly the same way you do a 4%. as ■ separak entity 3 building. You ono put equipment in it. You an buy the
4 from the real estate and it's a cost approach? s franchise from blcDonaIds. You'll expend $o many
5 MA. VXLAND Right. S dopes. Onoe you establish that as a vMk franchise,
6 MR. PowELL. so a house built, let's just 6 it will sell for far more than it will cost to
7 say S 100,000.00 construction hoax cost approach bouse 7 reconstruct all of the again. We will not address that
8 is going to be appraised by you folks at the $ame s additional blue sky, business entaprise value, whatever
9 appraisal in one part of town as it would in the nett 9 you want to call it, we're not allowed to tax that.
to put of town; is that the way you do it? to It's just the tangible portion of that property.
I t MR u*I AAV. Basically, yes Toe I t tat Bocm- I guess what I want to be clear
12 construction itself, U it arse the same houxse built in 12 about is if th em's 10000 square foot building out
13 two locations would probably be appraised the sane. The 13 ben that ACNE brick owns and it has a certain value.
14 difTaatce in the value, the land might be different sod 14 They own it and they give a 30 year lease on that
15 thaws where your total selling price may deviate and is BWd:,no to PctuUt, thin 30 year kin bas a certain
16 that's where it would be reflected in the land vaItn 16 value to it and don't your folks tax that fax?
17 MR. t•OwELL. so it's not any difl'eremt than 17 nM E?SGtAND: Again, I don't ago into that
19 they do a boust, if I umderstarA and I'm not trying is .ra. We basically work oty of market value. We do use
19 to put - 19 the cost approach as far as our initial assignment of
20 &m Buax- I've been Usteo* to him and 20 value bcawe of the multitude Of properties, lug k
71 thrcrs's a differemoe Them's a difference because 21 number that they are. But those cost figures are backed
22 that's tangible. You know, all of this stuff is 22 up by the marW sales that we do have. So. rWzdkss,
23 tangible. A leasehold is not scmethiM YOU an sot. 23 of wtn that WkuW lase may be and, you know, in a
24 It•e a document that says I bave a 30 year lease on this 24 bypoazdcah tbing, it could be eitber bena or wane
25 building 23 thin the market world dictate, we ate required to use
C Page 94 Page 96
I Mx rowEw 014 no,1 trndastand that. I the market value, what it would sell for. And just
2 MX BUCEri That lease is taxable. This v 2 again, the tangible portion of that. That's what we
3 it lase sad it's not taxable, so how can that be the 3 typically we are leases that are for less than market
4 same? You deal with teases They tax real estate - if 4 such as the American Airlines Of a hospital where it
5 you lase your home for 20 }ears to someone, they' an S kasa back to hospital authorities so I'm not attain
6 tae that kaschold interest. But you lease a billboard, 6 where you would we and I think if I understand YOU
7 he's telling me they can't. How an that be the same? 7 type of question, where turn would be Some W of A
8 t sk p0wEL1-- Maybe I rniarrdtrstand but 1 3 kase 00 a rah estate piece of property that would be
9 don't think they do tax that kaseboid interest. 1 9 greater than its market value, that's not notmally what
10 think they tax - in fact, they don't rase at all, but 10 1 think we dal with So that would be a little bit of
I 1 they appraise the structure. Somebody else may dcd& 11 an aberration from what we typkally see. But our
12 to tax it or not But they appraise the value of the 12 primary focus is loolang at the market value Of &Ay
• 13 vrKture. Now, if I'm putting words lit your mouth, 13 property with the exclusion of any intangible ekmrot in
14 sir, shun me down sod tell me the otba way. But that 14 that market valor-
15 appears to be what's happened bere. 15 MR. HILL. I think one of the reasons and
I6 MR. ENCLA`rDt 1 would I don't deal with 16 I'm very apptechtive that you wett ableto come w the
17 real estate primarily. But I don't know of any 17 meeting, Mr. England. Planning staff did a* this
I8 situation or typical situation when: you would have a Is gentlemen to come to the meeting. The itnplicatiM I
19 market value on a bcuse that you'd have a lama tbat 19 think that we gave at the Wort Scanlon wuss that there
• 20 would nun a very differtrnt prig, so you may lease it 20 might be an opportunity to tax the business value of • •
21 but it would be based on its market value. The Market 21 off-presnise signs And I thirlk we wanted to ask Mr.
22 value of the sign would sell for a greater amount than 22 England to come here and tight now., I think we have 10 i
( 23 its replacement cost from a pbysial standpoint and that I3 tell you that that was wrong and that's one of the
24 would be based on the intarW-* elcmeab Of it in that 14 reasons we brought this up. I don't tbb* we tan 60
25 it would commend a pries, a revenue based on the traff c 25 that and it may not be something that's. yon know.
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1 relevant to the overall scheme of or the philosophy l intmgibte areas.
2 on signs itself, but In terms of how that fit - in 2 And it's a problem that is gang to be quit
3 tens of realizing more taxable revenue to the City, it 3 exptasNx on otr end trying to defend *tW we're doing. l
4 really does not mem to be a viable option tmkss 4 And 1 don't know that there Is a lot of clarity out
5 something is out tbere that ism not aware of. I there as to - as far u drawing the line at Wig able
6 MA MOALNo Hr. Hills if I uoderguod 6 to quantify whit those numbers really ate. I think
7 correctly, they tax on an appraised value is defined I everyone has eoooepts but, you know, the taxpayers arc
8 by let me try to defue it. It's fair market value. 8 looking at the squoex placed on theta And they're
9 What you had suggested earlier was that there might be a 9 being creative in some situations in trying to challenge
10 mechanism to tax "Ming power which is really a pretty 10 the values and this is how they're doing it as well. So
I I fury number and it will be really tough for sty I I it's very clear and I can stak to you, you know,
12 appraiser to come to grips with. 12 whether we mgree or disagree oo how we're implying this
13 WL HILL And, again we thought there 13 that intangible value Is not assessable and I don't
14 might be something out there that was an opportunity or 14 think that anything that would be commonly agreed on as
15 ■ piece of information that we thou,* we muglt cad to 15 being imt mNe or wbaw%,cr wads you want to use in
16 bring to you and ^ I think it was a little bit of a 16 that stead is col %iything that we an dal with And
17 wild goose chase, I don't think v e can do that. 17 there am many, many things that we came saws that WC
18 MR BUCM- I think the other thing, to tell J 8 an address One isaue, one example 1 gave earlier, l
19 you how little amonmt of money it appears we're getting 19 believe to Ms Batman, this happened on the phone, was
20 because I think that wu the question that billboards 20 that if 1 were to value a pr w!V press that would be
21 being money into the City. It brings money into the 21 owned by a pubtiCW compsay and say it was Denton
22 businesses in the City, but I don't think it brings 22 Publishing Company Vaasa the one in Dallas The biome
23 matey into the tax ban because if you're saying 23 that that press would generate would be different in
24 $790,000.00 then the City's rate, if it's say 50 ants 24 Dallu than it would be in Denton, obviously. But I
25 per hundred dolor valustiat, it would be 50 cents times 25 wouldn't put a Werrnt value on it because of what it
Page 98 Page 100 )
1 that, that figure - I'm not good on math Do you have I produces And that has to do with the maid that they
2 an idea of what that would come to at 50 sots? 2 have woes to in Dallas.
3 MR e%; AVV At 50 cents with the 3 W WHen72s We have a Couple of coemmertts,
4 MONO* assessed value, we're looking at about 4 pkase.
5 $3,500.00 per yar. 5 sat. A?? LE. 3ohN thmtla again for coming
6 MA. BUCEX, tfat's all the tax dollars we're 6 1 appreciate you spending your evening educating us-
7 getting in. And, Mr. England, thank you so much and if 7 Could you share with to how you go about Weotifyiv the
8 you can fund ne and l don't mean for you to kave 8 signs fa taxadoo?
9 you, but I cawnly do I agree with We. It's 9 hA FN-GMN , we rely primarily on a
10 bcipcd us because we were in a gray area and we noe&d io rendition which is a aelfigw by the owners of the
11 to know how you're doing it. And l think what you're I I billboards mad signs thamselveL They fiat typkally
12 telling w is if sea think there's soother way to do 1% 12 whm site sign it ls, whether it's a double face, a
i 3 we may have to get in litigation with you guys to take 13 single face, the relative location, say, so marry tatbs
14 you do it because you think you're complying with the 14 of a mile, which side of the highway from the nearest
15 law. We'd have to be kind of like the Tarrant County/ i i intersection, that type of thing. And the major
16 Denton County bank right now. We'd have to wort with 16 companies do a good job in that tegsrd.
.
17 you to work the thing out. 17 As far as the test of them 8% we just try
18 m x EvAx,•. This is an wu that in the 18 to monitor on m individual basis by driving around
• 19 last few years has received a lot of mention, l9 doing our due dnl*= in looking at those that we sea V • O
20 primarily, from to agemt$, peopk who represent 20 that eve haven't Identified in the renditions
21 property owners - primarily, cotnm=W property owners 21 W. DUPLE. Do you then get the permits that
1 .10 22 in the addressing of where imtanvbk value may well be 21 are Issues?
23 wherc in the pmt wasn't always looking at so closely. 23 Met VMtAND nit, yes Yea, a far as any
24 So it's an area that we're coming under the guns 24 new wraavction, rte monitor permits as well.
25 currently to make sure flat we don't MOOMPAU there 25 W. A?nk- Thanks
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I MIL E;GmRE{Hr. rd Iike to go back just I you have just a number of off-prtmise signs that are
2 for a moaxnt to valuation You hd mentioned something 2 inside of city limits that you have in your invenW
3 about $35,000.00 for a new sign. 3 MfL Em Ahia. No. I would have to to back
{ 4 MR. ENGLkSTt not I threw out a number 4 and look at the individual rtnditions. I have a list of
s for let's say s tniddie-of•thc-road-type interstate sign. S all the accounts. Some accounts would be a single sign.
6 Thez might be middle of the road There's some that 6 Some would be maybe ten or 12, you know, assess the
7 might cost a lot len than that. We have some that are 7 individual signs. We assess theca by ownership.
8 in place that hate cost up around $60,000.00. I think 8 MS, SCHERTZ: We appreciate your time this
9 they're pretty tnxuaL I think their rank and rnk 9 evening. Thank you very much. Commissioner
t0 billbrard that we are thinking of when we look at the io Eagelbrectu.
I 1 interstate-type billboards probably cost between 30 and I I MR ENGELSRECtiT: This omrmd to me with
12 540,000.00 os a flue of thumb if you Nutt to have one 12 regard to the issue of the buy back which was a part of
13 built today. 13 this ordinance, draft ordinance. I believe it was -
14 am etGt sRxir: Built today wrier our 14 generally, the approach is, is you look at what it would
15 olr-premise sign requirement of 250 square fat or ate 15 cost to replace the sign in tenon of a purchase price or
16 you talking above 16 am I wrong? I see somebody shaking their head no.
17 MR ETtGt v?IR No. I'm tacking about the 14 17 M4. APPLB: well, we have a ktttr here from
i8 by 43 doubk-faced sign that you we in place. Irthose 18 the Travis Central Appraisal District that says and Pm
19 were - I was looking m the replacement cost of that. 19 quoting, When a sign is condemned by the City, the
20 That's the numbers that we're looking aL 20 owner is paid based on the future income the sign could
21 Mlt. e4GELBRE en Those 14 by 4g's, 21 produce. As Mr. Kittery indicates in his {ether to you
21 doubk-face, about $35,000.00? 22 coodettmation values geestly exceed rite values assigned
23 WX EN40 AND Yes. 23 by the appraisal districts. TTr price paid by the City
14 MR. v4rAteRem n okay. I guess my question 24 includes business or intangible value which we are not
2s then is, the ores we have round town, would they be 25 allowed to consider when we value the billboards. And b
Page 102 Page 104
I vaned at that rate or if they Noe built ten years ago, I that letter is from Art Cary who is the chief appraiser
2 would they h.K carry a value of their construction 2 fa Travis Central Appraisal District which Is in
3 value at that point in Iime? The twos I say that is 3 Houston
4 at $35,000.00. ten doubledace sighs is $350,000.00 4 ASR. Lsrr BR£C2rTo Tien, In fact' many of
5 already. And I know Ne have mac than tm s these r1pu ate appWvd ntntnity at much kss then
6 Mt. ENGtA`rD we do. As Mr. Powell was 6 their xplaoe neat value? In other words, the tax f
7 mraring to earhier, most any type of appraisal is done 7 dollars that we gd for those are much }ewer d= what
8 on the basis of the cost to nylsoe that its.: today Iess 8 the mplacameat value just for croeArucdoo would be oo
9 its true depneciation. So inking about a 10 or 15 year 9 those signs?
io old sign that may cost $3S,000.00 to replace today, then 10 Mx WXE[. Well. 10&& the aiteritmt is
11 it wound not be assessed at 33. It would be assessed at l 1 pate statute provides law you will figure that cost and
22 S35,000.00 less its dcpaeciatim depending on what aging 12 it says YOU will consider the sdvettising revetwe. And
A 13 and Nfat where and kar, any otba things that may corm 13 if you consider the ad%ertising tevenue, that's w'bat
14 into play. some of the signs area's built to some of 14 raises your roodemtation costs. And it's not - I mea4
I s the specs that are out there now. They might be a 15 appraisers know how to do it.
16 link less desirabk. They ray not be lit. They may 16 ant e;GEURECHT: ohs yeah. I understarA
17 not have catwalks. So some of those things would bave a 17 sill BULm . And I think the Appraisal
18 bearing even over and above their eomctrvedon ooses, 18 District could do it if, in fact, the lash' provided thaL
19 but, basically, no you won't see any sign on the rolls 19 And what I would say is that is all likdt3ood Mr.
•
20 for what it cosu to build because they're not brand 20 England sad his folks we probably quite right be== • •
21 new. 21 about the time you would start appraising it, dm'd be
.
11 M0. ENGEUS1tECHT. okay. Thank You. 1 have a 22 on ameodmeat of this Tetaa Legislature to chnogg it so
23 question I'd like to staff about that And 1 thank you 23 to make sure it was to f-Aaagibk because what we run
24 for coming toalgtd. 1 nx11y sppreaate you beia6 here 24 Into IS, if you recall, YeW1 WN bmdc stock was
25 mp- imu may I ask one mere Question. DD 25 considered an WeaglI& And a much ateoey was being
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l lost by the counties and the cities when it was rued I When someone creates a new wheel and they
2 that in the Court Case, the Legislature had to go back 2 can make a watch for 120.00. That old assembly line is
3 in and say this is an intangible, we are going to 3 worthless. Anytime something is worthless, it's
4 assess. So I mean the Legislature can manipulab that 4 suppo!ed to be removed from the tax roll
s to whatever they want it to be. So that's probably what s tfX svtrrH: see, you're the only man that's
6 would happen if they did start assessing it All I'm 6 told me that I'll go before the Board =1 time to we
7 saying is we don't need to count our money from 7 if we an get that done. But what 1 would like to do if
s billboards as being any money, a you people would Id me mod with you sometime in a Work
9 MR ENGELBRECHT; And, no, I think we should 9 Sessioo pertaining to portable sigrm This lady here or
10 recognize that we have 0" huge billboards out here on 10 this gentlemen here ails me said, it's my wife - our
1135E and we're getting next to nothing, basically. I s anniversary. I'd lilt to wish ha a happy anniversary.
12 MR SUCEK: Not to forgot, though, the 12 Could you put it up tooiabt? Leave it tomorrow and pick
13 comment made that they bring a lot of business into the 13 it up the cent day. I can't do that Under the
14 City and we do tax the businesses in the City. 14 ordirrna, I an't do that
15 MR ENVELBRECHT. well, I would call that 15 It you own a place of business and you've
16 into question There's also some data but which 16 mot a portable 4 in from of it and you to buy the
17 suggests that your saes go up when the signs go down. t7 bwlld'mg right across the street and you move over
18 So l think there's a argument with regard to which way, 18 there, you can't take your portable sign across the
19 in fact, your revenue goes. 19 stmt with you. That's the way the ordinance is 1
20 NG. SCHERTZ: Thank you. Is there anyone 20 can't bring one of my portable signs in to my shop to
21 else in the audience that would hike to address this 21 put taw tubes in the tiro and to with them and clam
22 evening's discussion on signs? Pkaw give your name 22 them up and put them back on the same location - and
23 and address, sir. 23 they're registered. They've got the seals oo them.
24 MR SF13TH: I hadn't meant to say anything 24 They go bade to the same location. And 1 can't take it
25 when I got here tonight, but I'm going to. I'm Slick 23 in and ckm it up and pro put it back on the same plaee,
Page 106 Page l0
I Smith 1 own throe sign sales, 2100 Redwood Place and 1 but I'd like to mat with you folks sometime and see if
2 I've been here more yaks than most of these people have 2 that is some way we eadd work out something that I
3 lived hae. Now then, W. Bueelc, ooe question I'd like 3 could get an amendment or something to wbere I could say
4 to ask you and Mr. Cook back here. I've got about 25 4 have a grand opening I have five atinistas. I didn't
5 signs stored that I'm paying taxes on. There is no way 5 have them. They came down on their own. They came down
6 they an make their own way but I'm still paying taxes 6 on their own. I'm 73 years old and I'm trying to stay
7 on them. 7 of the Social Security, if I am I'm drawing a
is 1 can't sell them because they can't be put s little, but they came down to try and talk to the City
9 out They have to be pert flat aga ast a will. They 9 about kiting them use these portable signs whim they
10 can't be put on posts becmrse they're five by tats. I'm 10 have revivals, nation Bible 96001s, when they have
I 1 knocked our on the four by eight jobs. But I'm still 11 missionaries from overseas that's going to come in and
12 payirug taxes on these signs that I can't reclaim a dime 12 give their report I
• 13 of than I have to take them out to Dallas or Fort 13 The signs aren't there more than a weep or
14 Worth somewhere and rail them curt here, but I'm still 14 ten days at the most. And the lady chairing the thing,
15 paying taxes on those. l5 she juum pttlled out a slip under that and atarkd ,
16 MR SUCEr: W. Smith, you may b-, in barm's 16 reading that this is the way it's going to be and those
17 way. The cheery is - I've run into this before. 17 fellows wasted their breath. *Ny wQen't even
3 13 Anytimc you have something that may have hero valuable 18 co sideroed at all I use to teat some portable sign,
k 19 but no longer an be used U that's being assessed a 19 Furst Baptist Cbttnoh out here for their revivals and • •
20 value, you have the ability to protest that and we if 20 things all over town but not any mom So if you-all
21 the Board of Equalintioe will remove it For lmtaoce, 21 would permit me somdiax to mat with you in a Wont
22 you could have and 1 ran into this in Irving, you know, 22 SessioN I'd sure be happy to sit down and talk with you
23 a watch company. You know, you hive an assembly line. 23 rod see if we could work out something.
N They're making watcbes, okay. And they're maidng 24 Now, I kmow In. Fort Worth sod Clutaclk
25 wattles for $30.00 a piece 25 Cm:pmtcr told me just it minute ago, be's Sot a slumber
PLANNING AND ZONING MEETINO SEPTEMBER 10, 1997 Page 105 - Page 108
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I that I'm going to all. They just ldtt the banners t lots. scHFRT . Okay. And then what else? Do
2 and pennants, sod, in-ideatally, I sell all of that kind 2 you have other items that you would Ile to
C 3 of stuff, so wben they tome in and sort charging and 3 M5. BATEMAN. 1 believe everyone received
4 making them get permits for Vase, then down asst ray 4 about four or five things in their - on your desk.
S sales on *41 because a lot of people won't go bury a S MS. SCHERTZ: Right.
6 permit to come up - to hang up ba ors and miff for 30 6 MR HIIL- 1 just wanted to know if you
7 drys. 7 wanted to clean those up and then I'll give you an idea
8 But the portable sign over there, they do 8 of witat you might be able to do in terms of your
9 have an ordinance that you an rent you can get ■ 9 deliberation.
10 permit for 30 days or w atever it Is and it's grt a dal 10 MS. SCHERTZ: I think we just want to keep
I I right on the thing with the company's none that tents 11 things moving, is everyone familiar with what we're
12 the sign and what the date - when t->iat date expires 12 discussing at this time that was on your desk when we
13 that sign is to be moved immediately, I man not 48 13 arrived? I have one, two, them, four; is that what
14 hours but thud day. And thud's something I'd hke to a we're talking about?
15 talk to you folks about if you %vuld permit me to Is MR HILL. I think so. All I'm saying is
16 because I've got these 2 S signs laying out bore dead and 16 that 1 think slut eve received some things that need to
17 I'm not 9atin8 a thing one them, but like I said a while 17 bc, at least, referred to for the record. That's all I
is ago, I'm still paying taxers on them. I won't take any 18 wanted to say.
19 more of your time tonight, but if you will lit me mat 19 MS. smitTz: All right. I'm getting a
20 with you, I'd be happy to. 20 couple of suggestions up ham so I'll open it up to the
21 ms. scitun sir, we appreciate yaw time. 21 Commissiottas on how you would like to handle it A
22 And I'm sure if you'll contact Ms Basemen or someone in 22 couple of them are short and ve toald read them Some
23 her office, they could help you with that drroaion. 23 of them are rather lengthy and probably do cot wtmt to
24 sox scant: i try to keep them looting aim. 24 take the time to read them The ones that are rather
25 too. 2.s lengthy. One is from the Denim Centel Appraisal
C Page 110 Page 112
I Ks. scHERTz thank you fa your time. Is I District it was delivered to Doom Batman yesterday.
2 there anyone else to speak in the audience rcganfing our 2 It's regarding the billboard valuation manual. I
3 sign issue this evening? Anyone else to speak? At this 3 believe the gentlemen this awing that spoke on this
4 time, I'm going to close the public hearing and open up 4 probably addressed a IN of drew issues, but we have j
s discussion with staff if there is more remxkt before - S been given a haadovt and if we need fwthr reference, {
6 1 guess what I'm I'm going to insert here for a 6 we can use this, so I certainly do appreciate it.
7 minute. I haven't talkrd very much this even!* Are 7 Next we received faxes from smie Houston.
a we charged with voting on the first page this eventing, 8 Houston is a city, fof those of you mot familiar, that
9 these difTercat sections? 9 have batmed off-pmmise signs and hue they banned
(10 1 mean, ve'me sittiog here. We listened to 10 billboards entirely?
I t the public end we've noted and now err assignment is to 11 MR HILU Yes.
12 take these different sections and give drrectica to 12 M5. SCHERTZ: that's what I thougX new
13 cou nciI. And we can do it citha indviduRUy or by 13 billboards.
14 vith these asterisks some groupings or 14 M. BATEMAM in fact, this was done back in
15 . MR. riltt well, the lust thing I was going 1 S the 70s, I just though 1'd add that
16 to ask is I believe we did get a couple of other items 16 M& SCHERTL• N0. I appreciate that. SO
17 that hoed to be at leas: referred to for the mod. 17 what they've done is fax us some ktten. This is from
is M8. ScHUM All right i s - it says Scenic Houston, a Chapter of Scenk Texas,
19 Mx 1HU. And 1 think Ms. Bateman might t9 Inc, out of Houston. It's from Holly Montobato and
20 have copies of those, do you want to if it's all 20 gives us information regarding this issue and invites us •
21 right the faxes that we received, art they out? 2I to give bet it call shadd we bm any quesdoms. And
22 M SMERTM Yeah. 1 have One - I think 22 these are kne:rs, it aortas 1iloe backdated all frotn 1992 ,
23 vx ell reoei~ we letter from a Margaret DcMoa that 23 in the mouth of January.
24 needs to be read and i Wanted to do that 24 MR HILL: That's really informwon
25 Mx HILL, Okay. I'm sorry. 25 relating to the question of whether of M you cam use
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1 the business value for appraisal purposes 1 roadways free d billboards as a gift to our chiidrrn.
2 MS SCHUTZ Okay. 2 And I took a minute to read that for those
3 m x- Ka.L, And that's where we got the 3 of you not Snowing this, Fort Wards passed this
4 information that leads us to believe you cannot. 4 ordnance or this bade in July of 1991, so it's way
s Mil tsXEL night. These lefts basically 3 re=L And 1 wanted to bring this to everyone's
6 concur with who Mr. England bas told you tonight. 6 atzWon. The last letter is from Margaret DeMoss,
7 M5. SCKUTL May. All might Tben the 7 She has asked that this testimony regarding proposed
8 next information the we received was fazed from Scenic 8 prohibition of new billboard construction be read at
9 Fort Worth It was dated September 10tb to us, the 9 this meeting, Dar Commissioners - I'm sorry. And
1 o Planning and ZoobV Commission from Judith Harman, 1 o Morgarct is also from Fort Worth. Dcar Coma issimo I
I I President of Soenie Fort Worth Just a second. I'm I t commend you for your commitment to quality dewlopmmt
12 looking at this as we all are. I'm going to take a 12 as Indicated by your coasidCWion September l nth of a
13 rrunute. 13 proposal to ban new billboard crosmedon in your city.
14 Scenic Fort Worth is deflated to preserving 14 As a (chow Zaaing Corrueissiona, I unduxam the
1 s Lid enhancing the scenic cluuacta of Fort Worth. We 13 questions and eooa_ ms you have in detrtini this complex
16 supported the new ordinance which prohibits the 16 issue.
17 contraction of new billbmds for two reasons, to 17 Begirsaing in 1994, the City of Fort Worth
18 irxreasr the economic development of Fort Worth by I a responded to a purge in billboard ccnstrsrdim After
19 enhancing its visual appeal, to boost civic pride and 19 careful study City Council designated scenic corridors
20 the quality of life for our citimns 2G whesin no new billboards wan allowed and after furtha
21 Cotttmimities that coact two billboard 21 study on filly 15tk 1997, they adopted a pem eot
22 controls enjoy strong econcmk growth HojAm Texas 22 moratorium on new coeatructlon of outdoor advzniaing
23 adopted a prohibition on new billboards in 1980. The 23 signs. This or&nVWC wee uaanimattly supported by car
24 following decade was .narked by strong sales growth by 24 neighborhood associations and passed by our Zoning
2s local businesses. The total retail saes In Houston 25 Commission 8 to 1 sod by the City Cou=U 6 to 3.
Page 114 Page 116
1 grew over 100 percent from S9 billions to $19 billions I Domma of cities in Texas and scorn in the
2 in 1992. Sinnilar statistics can be found in odes 2 nation have such baw. Year citizens deserve roadways
3 cities as well. 3 litre the new freeways in Austin sad Houswo that as
4 In addition to banning new billboard 4 billboard-free. They provide safes and more pkasimg
s construction, the Fort Worth ordinance will now allow 5 roadways for travelers. The natural and manmade bash'
6 mayor ttinvestment to enhance billboards in protected 6 of their cities an be seen enjoyed.
7 areas. To upgrade any other existing billboard, the 7 Tbank you for your consideration and for the
a industry roust remove four existing signs from the s volunteer time yrou spend serving your coc rKmitY.
9 protected areas. This provides strong incentives to 9 I took a mimae to read those. I WMIC
to allow for gateways, selected roads, and areas of to this evsrning we have heard opposition and I wanted to
I I cultural, architectural, and historic interest to become 11 take a minute for those of us that have out had a chmoe
12 fm of billboards. 12 to tad this Information and bring this to a'aYvoe's
0 13 An ordinance which prohibits new billboard 13 attention. Is these any other items oa our dealt that
14 construction is not a magic wand. But data from cities 14 need to be brought out for the minutes this evmirtg9
15 that have taken this step prove that it is effective in 15 Commissioma Powell.
16 reducing the number of billboards in those dries by 16 1,m Powv.t: I have a question on these.
17 attrit;on alone. 33 percent reduction in HouOM 20 17 I'm going to assume a cowk of things, and if I'm wrong
is percent reduction in San Antonio. 1s staff needs to tell me shah I'm gang to" me that
• 19 In addition, the right of a city to control 19 they didn't drop out of the sky Staff naked for these • 0
20 its billboards has been upheld at e,%ery '-.vel of the 20 letters. They want to cities that already bad tomm
21 court system in Texas and In the United Stales. 21 rid of Wrboeds. Was there any attanpt to gat the
22 We are proud tt at Fort Worth has joined the 22 otber side of the stay frown cities who hadn't rVen
23 many other cities in Texas which have chosen not to 23 rid of billboards?
.ddneaa
24 build Dew billboar ds. We have decided to display the 24 bus, samt7a Ma. Bdmxo, could you
25 beauty and ciaractr of our city and in offer new 2s that questim pkwe7
PLANNING AND ZONINO MEETING SEPTEMBER 10v 1997 Pop 113 - Pull 116
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1 Ms, atttxtkm I'd be happy to. As for as l Ms. w= M we at so have a whole bunch of
2 Scenic Fort Worth Bas, I have contacted tbem. 1 did 2 folks out there that are netwodang, coming before us,
l 3 contact Sonic Houston and worked with Hotly in order to 3 that are doing the exact same thing for a different
4 get infamotion rtgxding the evaluation os wdl a ■ 4 group of people. So id's not assurne that it's not both
s lot of information oat was in your backup at the lost 3 sides of the story here- Everyone o e%vcks. Everyone
6 mating. Sbc was happy to oller that to me. She then 6 markets. Aod this is the way the sinzation works. You
there doing
7 is turn contacted the City of Fort Wortk apparently, 7 can't sr/ drat these are the only people out
8 the Zoning Commission as well a Scenic Fort Word, the I it. We've got a group of peopk that art all Realtors
9 two letters that wtre read wne not solicited from 9 out here doing it, so bow do you defend that?
10 Denton staff. 10 mR POwELu t agree with you. There's
11 Met "TLU• lba nk you My assumpdoo was tt networking on bah sides. But staff only presorts the
12 wrong. I'll make one mare ccxnmatt, thwgh- on the 12 one side. That's my point. We never get the other side
13 Ittta recc{vtd from Scenic Fort Worth. The mcood page 13 of the billboard issue from staff, from anybody -
14 talks about retail sales Few ova l00 peraat from 1981 14 Met emu First, I'm going to fiod
13 to 1992. 1 would assume that Populatioo doubled at IS exception to that simply because when we get something
16 least in Ho woo in those years, probably rune than 16 00 our fax machi6e, it's unsolicited and it's up to us
o doubled. With or witbout signs are gout to grow drat o regardless of whether we lace its content, wT bring it
1I much So to tie it to signs begs the situation. It 13 to you. We don't edit and it comes to you whetter we
19 goes from the ridiculous to the sublime otter more time. 19 like it or not. So we're not pursing a spin on it. And
want me to respond to 20 we're trying to reabin content neutral. if you want to
20 P1i BASE~tA`: Did you
21 that? 21 disagree over whetber we need sigro or not, that's fine.
22 MA tut.t: 1 Na ooe of the things we're 22 Staff is trying to kind of keep a distance from that.
23 trying to do, it's very difScult. 7bere is a t:twork 23 And that's my iminictieas as the director Of this
24 of commistities in soenic Texas sod they do represent an 24 dqm nteaL to Ivis (3oatrdie's
23 information resource that we tap into. And tbere's oo 23 MS. APPM m response p l20
Page 118
1 way that wt an ask questions about things without them l eommrnt, I would just like to add that this is a public
2 knowing whit we we doing. And so that is wham I think 2 hearing for opposition and, you know, pro and we hoer-
3 they got their inforrnetion 1 think there wee also as 3 no one here spot" for banning the billboards. We
i
4 artick in the Chronic:e about this meeting that MAY 4 have two letters from people in Fort Worth and no
s have reached their attention as welL s public, apparently, tbst fecls strongly about it totigh
6 M& AML t do wait to ceocur with Mr. 6 to come sod air their vk%-x
7 Powell about the figures given in that ooe ktta about 7 m GOMM- I
e the total retail sales growing from '8I to '92. Tbere a 1,M LWALBRl:om 1'd just like to make a
9 is no other : tformation given in the information that we 9 questioo with regard to bit. Powell's remulcs about the j
i 0 have. It's just total retail sales grew. fewer 10 seeks volume in Houston. You an make an assumption
I1 billboards, it's a sign of growth. Thee is no 11 that it's due to inflation. I don't know that I'IL k
12 information on mytlumg added to it to give us anything, 12 just go the otter way and say at tbs $ame time there was Ile
• 13 to, you know, provide a basis for any cowltniow in my 13 set oil inditshy down tiro of momrmental proportions of
14 mind. 14 which HOV 000 is the bome and the base. For example
15 tut. MOtt!~a Madam Chian:, I'm going W agree IS the rig count from 4,000 to $00 and Houston took most Of
16 with Mr. Po%tU and Ms. Apple oo dig point. There is 16 that hit. So I think that tbeY suffered aSteg dal
17 no correlation that's been establisbed in my mind. 17 doing that period of time as well. So I doo't know bow
16 aflt POWEW Another fader ht'<e is just I I all of that wasbes out. bun it could go eitber way.
• 39 think about the price of s. ar in 1981 and the prim of 19 belt. "-nL• i agree but the ktta • •
20 a car in 192, inflation. would have doubled the vim 20 indicates it's due to signs and 1 don't know if we ao
21 forget the population dowini. I'm sorry. You know 1 21 buy that.
C 22 know I'm beating this to death. but what I'm ssyina Is 22 MS. SCHEA7Z: At this time I would like to
21 that there's a whole buwh of folks out here the don't 23 sate Mr. Hill to review exactly what we need to be voting
24 want billboards, and tbey're debating oetwark mead wo we 24 on and alter we've listened to his explanation, then 1
1S the benefit of theta 25 have a few thou" on how we need to keep oix ball
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I moving (onward L cope not be the case. If you decide you do not wml the
2 W a Hn.t I think that if you non to the 2 prohibition or new ol, Vemise sign, you could still
) Second 94c of usit* the daft of the ordihwhoe and 3 have the Capacity to remove tlnO* the COQhpa1Se11On )
4 looking at the second Page of the staff report w bm 1 4 procedwes portable sight or you cant go after leO
S asktd you to put sane Stan t,a krnu of groupings, the s noocodornung signs that do not fit within the 1 SOD
6 question that I would ask is if you as a COMmLs too 6 foot spacing rile. So there are sign that you could
7 would lake to just take the whole *,b* and vote un it 7 still go after, but You have to I think the point is
8 in terms of your teoommenodmtim to use city council. 8 Neil made that if You don't want to probibit new
That's cotninly within y high( to do so. If you 9 off-premise signs, you're really going to extremely
ho decide as a group that's the way you'd 15a to do it. 10 limit what you can do with your compensatory procedures
I if you'd like to break it up, You can break it up into I I for the minovyl using the Sign Control Board
12 any groupings, although, and unleas Mr. Bunk disWom 12 MR 9L Curt: And the other point is - the
13 the ones that have stars on than are related and they I3 reason we sgwated on the Sign Control Board, yat eould
14 really %ght to be grouped and voted oo in one rrotioa 14 be for not having any more new signs, but you don't want
13 and vote. IS to be out buying the old ones.
16 So it's rally up to You. We tried to make 16 MR m.C You're obviously not ON to buy
17 it so that if you had Koblean with one W you could 17 a sign that somebody Can come 15 the next day and just
18 separate it out and vote diffahbtly if yam heart was 18 put an application in and replace iL I would hope we
19 in, you know, in two placer So Madam Chairmen, if ' 9 would catch that.
20 you'd lice to to further than that, 20 Met EMELBttECHr: The one thing that ebsrgos
21 nm SCHEM. Thank you. I will hkx it 21 some of that The Sign Control Board allows the city to
23 rumba. 1 feel IIIke what's befo.t us could take quite 22 to about this in a specific prhwess. I Mmn, they an
23 a long time or we can try and move it on mnd so I am 23 say you once it's decided that it's going to be
24 open for stzggestioms, if you want to take a minute we 24 purchased, I mean they establish the value they put
23 can start with Commissioner Eagelbmcbl sod have some 2S the value on it and that makes it happen If we lure
Page 122 Paige 124'
1 sup;cstioru o do we want or are we comfortable 1 if tbere is a moratorium on new off-preenise signs, that
2 CnoL%h to say we wmt a vote. 1' ll tell You what, wby 2 allows anybody to go out there sod negotiate with any
3 don't we take a hand and say wfb wants to vote all or 13 owner and pusbaw a sign witbW1 my involvement of the
4 trope or do option two rote ex41 think. the easiest 4 clry whatsoever and that guaraat es that the sift is
S would be the five that are starred and then txh one S gone and tbat coo new dgn would appear.
6 individual. But that seats s to be our two options that 6 MR HTLLW Ob, l mean. there's no reason why
7 w gild be the casks and I'd like to gee a show of hands 7 e private entity could not go cwt sod voluntarily
8 that would like to vote all or hlox on ail or these in a mtgodate the removal of a sign, so you don't Im" to
9 one vote Does anyone want to do that? That was easy. 9 best a S* Control Bard to remove any sign, if it's
10 1 didn't either. 1o done vownwily nor do you need to competent according
I I All right, option two, the we're going to I1 to the amuA averaging of income.
12 Vote ere we comfortable in voting on the groupiggs 13 12 M8. e3 nLDIE; I was jut aim wvnderietg,
13 suggested - - as one of the suggestions Ord that is for 13 *bat if we did want to do a moataimn? What if we
14 clarification we would vote on Section 334 as an 14 would like to vote on something to that extent? i
i s individual vote. Sectoes 33-9-11 imdividhml, Section is MA JUL. I'm sorry.
16 33.95 individual and Section 33.211 indiiMual and thm 16 Ms. W A montocinm to any new
17 we would Pddreat the remaining five astaieks as one 17 billboard? IA's just say we eteeide that we're happy
18 beaux that has to do with all of(•pnemise sigw. 18 with the billboards we have, but we don't want to build
19 St& course: My only coocern would be 19 any new ones, We're going to keep the ooa we have, so •
20 SmUom 33.9-11, that is cootimgemt oo whether vro 20 with it, but we don't want anymore. Where in this don
21 decide to not that's condn&ay oo Whether ws choose 21 tbfs state that we're od going to build any new ono?
22 to ban b7iboards; am I c*Ttd on the Sign Board? 22 MR tsar: m the asterisks part That is
23 M;z HILL wed, here's we though about 23 really and la's not all it a montoritmh. The way
24 that Ord we did thidt we had to have a vote sequentially 24 it's - a morniaium 10604% that thee is a time
23 talking about the pmm itioa of rouse signs first. It 23 Limit or something is going to oavr be= the
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I moratorium has ended. We're talking about whu slue t this definition thing? This is only here beearne we're
2 law permits and that is a prohibition unless the law has 1 clanging the cedineoce?
3 changed. 3 MR. Buczr: Right. This Is heusekeep4
4 MA wcetc To W sure we're clear on this, 4 You kww, some of things the we're dealing with on the
5 with the comment you're making. Ms. Govcdie, if you just 5 60 perow damage to the billboards, those kind of
6 wanted to say no morn new billboard signs, you vote for 6 things, what bmppened, this statute existed in the - I
7 the asterisks And then when you get to the Sign Board, 7 was not aware of it when I was drafting this ordinance
8 you'd vote no, that you don't want to be involved in s back in 192 or 1 would have Included it then. But 1
9 removing then. Tbat would be your process 9 would not lave aught it now but foe tin fact that this
10 Ms 5CNUIZ. u I could clarity for just a lo issue came up and so to that extent, you're right, Mr.
I i second and see if this meets with the Commissiom I I Penwell.
12 approval, wtny don't we vote indrvtdwlly tbeo on this 12 MR- ENGEIIRECHT: I just wasted to say that
13 Section 33.2, the 33-95 and the 33.211. Then why don't 13 bad only been addressing one minor item, though, thus
14 we vote on the astaisk and then why don't we come back 14 would have come up, anything that would have been looked
15 to this Section 33-9.11 just for clarification. Now, 15 at in regard to the sign ordinance, I'm assuming in this
16 before we begin voting and getting into this, the 16 particular cage, yod would have brou& this one to tat.
I7 stenographer has been sitting ova there for two boars 17 MA etjrm- *bat would have occurred, if we
I8 and I'm told that she's at a limit and probably some 18 were doing sornething and the definitions became an issue
19 others woull lily to take a break And I Snow there's 19 and the sign person said that definition is carom
20 others ham that would haw to gel home ron4K so what 20 State law is preempted it, we would have followed state
21 do you want to do five till 9:00? 21 law even trough the ordinance said what it said We'd
22 MR Het- All right. 22 have followed this language rw adtw of what the
23 MS scmm Thank you. We will adjoum 23 ordinance said
24 and rccoavow at five minutes a 9.-00. 24 ML FNGELSKEM: with that to mind, I will A
25 (Break taken). 25 :Hove approval of Section ^ tb-.. changes to Section 33.2,
L Page 126 Page 128
1 W- SCHERTa the meeting this evening will i definitions and basic terms to conform W State
2 ,e=ven. We are in the pro" of voting on the 2 regulatory language.
3 difrerent sections for the sign ordinance that we're 3 Mi. mom o rll second. o
4 rv%kwing this everting. Two or Ilya options have ban 4 xs. SestEM Any duscusSiOts
5 discussed mod at this time I'm going to start with the 5 Ms.OOt1R M well. yes
6 safest one which is Section 33.2, definitions of basic 6 m& sct mzn commissioner Gatrd'ic
7 terms conformed to rice regulatory language. I Will 7 MS. COUa M okay. I'm missing a page in
s entertain a notion to agree or not to mgrs and 3 my definition so I'm a Little but baffled here bemuse
9 discussion or comments. 9 I'm trying to am the difference between what an
10 MR. ENGELOU-M: I think Nm might ask to off-prunise sign is according to our Chapter 33 - do
11 staff, it's my understanding that this was done simply I l you have page 2294?
12 to bring us in conformity with current law. 12 MR- HILL: rf you just look at the words
13 MA. Het 1 think it's basically using 13 that are tack, that's the existing
14 MS. GOUNDtE My question coarcs from Mr.
14 slue regulatory lerrgttage.
~
15 MIL D ucm- rt rally the theory is - 15 Reiner and Coramitsiona Powell s comments abwrt text
16 I'm not stare if that's any discrcdoo not to vote for 16 Wag that it needs to state that the property is for
17 that. But there's always this concept drat you can 17 We or there is something happening. I don't read that
IS wTire a definition as long as it's complimentary with 18 in berg Am I incatax Of am I Incnrroct ion mot
16-
• 19 state law, but who knows what's compUmentaty when you 19 reading it? •
~
20 don't use tbeir lenngtrrge. So tho's why we would still 20 MR. Hut: ON you man. in your km;cinoty
21 prefer the recommendation 21 sign?
C 22 ale. POWELL, if we %X.To't changing the 22 Ms. GouRDIE: Yeah. Weil, in oft-pntatae '
21 ordinance, 0ro4h, we wouldn't be writing these, cigar? 23 signs It says, and this is what we're Widaig about.
24 I mean, if this wasn't before tor, it wouldn't ^ I man, 24 off-premise signs?
25 you wand not have brought this wpwoWy W us just 25 MR. ttucnc: MR the change you're t.Iidng
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I about, the one year time frame, that's in It different I MIL ENOFLBRECHT: Second.
2 section. 2 MIL MORENp. May 1 ask one question?
3 MS. CKXIRDM Okay. 3 MS. SCHERTL Sure. l
4 MIL BUCEK: '[hat's not in this section. 4 MR. MOREL o. And this relates to what Mr.
5 MS. GOt7RDtE: Okay. So W. Reiner who 5 Frazier had allydcd to earlier, but just when does the
6 quoted that, it's a different section? 5 mesa start running on this one year time span?
7 MR. BLX-ERr Right 7 MR- SUCEK: Prosecutorial-wise, you know,
S MS. GOURDIE: Okay. Thank you. S it's a Class C misdeaxanor if you violate this. So what
9 MS. SCHERTZ: Any morecomments? Seeing 9 would occur is say, the neighbor to where one of these
10 none, all in favor of the motion please signify by to signs is, they would come in eith_^r to code edcrament
11 raising their right hand. Motion curies unanimously, 11 or to the city prosecutor and would say there's a sign
12 6-0. n that's been up for one year next door to me. And if
13 MR ENGELBREOiT: Madam Chair, before we 13 they can come up with proof or something that supports
14 move on with the rest of these, I would like to get some 14 them, Id's say two neighbors if two neighbors say
13 clarification from staff on any of those other sections 15 that sign has been up a year, under that basis, then you
16 they see where the issue of the real estate signs 16 would take - you could issue the citation and you could
17 that Mr. Reiner brought up carves into play, I want to 17 try the case. But you're right, no one is denying the
18 make sure I'm clear on that from your perspective, 18 fact that it's a very difficult case to make and the
19 what's your perception of where that comes into play, 19 property owner who would be the neighbor thu's
20 which of thex: sections? 20 complaining, they'd have to nuke the case to bring it to
21 MR. mu it comes in under Section 33.211 21 the City in order for us to pursue that Now, that's
22 only. That is the only part of the existing ordinance n not 10 say throughout times, there are certain times
23 that was set to put that one year time limitation on r3 that staff, we'll take pictured of certain signs and we
24 temporary signs. That's where most of the discussion 24 will date those picturs, and so the staff itself could
25 about real estate signs has come in. 25 also be involved if direction from council, ray, were
Page 130 Page 131
1 MR V~CELBRECH7: Okay. With that in mind, 1 this was in there, staff so out, look at every sempmtry
2 1 would like to ark Madam Chair that Section - the 2 sign in town and take a platers of them today and in arc
3 whole issue any change having anything to do with 3 year from now I want them out of thesis. If someone told
4 Section 33-211 be taken back to a work shop fat further 4 us to do that, we'd do it But, you know, without that.
5 at minimtrm, taken back to a work shop for further 5 you rely on the complainant to toll you that the Sip
6 awussi on. This issue carer up I know before with the 6 has been up a year.
7 when we went through the sign orduanee before, there 7 M& seHaTZ And i weal to Insert that what
8 was this big questioa about hcw do you handle rat s I Commissioner Moxeo, what I understand is if we
9 estate signs end what are they and it is - it Is a real 9 send this back and we're not going to vote and we want
to question. And I don't feel personally comfortable 19 to have other people look at it, that would be one of
11 dealing with it one way or the other at this point in 11 Lhe items, now that you've mentioned it, they hood to
12 time given the information vm have and what's come out 12 address
• 13 again from a real estate industry. 13 MR Moa>NO Yeah, absoluldy, but I kind of
14 M5. SCHERTZ. Thank you. And I'm 14 wanted to give it some tbo%VU tonl0t. /
is comfortable with tiles, Lst's roll with it for a minute 15 MS. seHERTL And I appreciate that Art '
I6 a:d if we're not comfortable, we'll do it another way. 1s thete any otter commeow Seeing note, all In favor of
17 So Commissioner Engelbtecht has now addressed our next t7 the motion made, Plane signify by raising yaw rigid
is item to look at is Section 33.211, a ooe yea time is bend. Motion aeries uoanir a y. 6-0. `
• 19 limitation placed on the life of temporary signs and he 19 MR. Hrt.t. Ant so we an characterize it • •
20 informally, but we can make it formally ask that a 20 property, it is to delay it so that it an uoderyo
21 motion be made that we not vote on this but instead 21 further study perhaps even by a Committee; to that the
22 recommend to courxil that it be taken back before a n proper - )
23 Committee, before the commtmity for further 23 pus, sarxTZ Yes. Moving right along. J
24 investigation. 24 It's been recommended to me now that we need to addmas
25 MIL "*EIl: so moved 23 the asterisk item that deal with off7trolse lugm and
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F213,FsL7,r,c~zdy e's different ways that we can vote 0n 1 this. CO JME rve never done a motion
is simply, do we want to koep is effect what 2 before so I would Fite to vok on this tonight to
written in the sip ordinrae regarding OIT• 3 aeod it to council. So I move that wt vote 00 ItaO
4 sign premises Or would wt snot to vote to remove - to 4 or Section 33.4 as written; is that the correct way?
5 change the off-sign ptsmises to what we bave been givett S Mx BUCEK: nut recommend approval.
6 this neniag which would list the off-premise signs to 6 MS. COLItD1E: Recommend approval.
7 the prokiNted signs and with that Yok, Shea that would 7 ML MoREtiU I'll W=d.
s affect wbaher we address the other items. And I'll be s Mx POwELL Now, we an discuss it I'm
9 happy to tape some direction from the Commissioners m 9 sorry.
10 this item. 10 Ms. SCHUTZ ON you'd 11c me to start?
11 Do we want, first, to just - what I'm I1 Mx POWELL, sort. You're the boss.
12 trying to say is do we just wtmt to take It simple vie 12 Ms. ScxEarr Thar 's why I'm supposed to
13 of yes we want to leave it alone tr 00 wt Want to t3naase 1) eod. You-all arc supposed to sty everything sad I'll
14 it and start tbere7 14 just clean it up. Go ahead, Please.
15 MIL POWELU i would think than you could is Ms. AP►i35: 1•11 start. When we bad our
16 vote on 33.4 by itclf and I recogrsue oft bss j6 Work Session lasfweek, l hadn't MRUY fight much
17 suggested we don't do that, but I think that's the Cr" 17 about this beeatse it sae on us a little suddenly. And
I s of all this dL%vssioa I I sin" then, I've thoughts about tothing else I didn't
19 That's the heart of the motkr. That's the 19 want to take my own personal profaenoes into view
29 meat of the matter. It says adds off-pmMises signs to 20 bmaune I didn't think that would be real fair. So in
21 a list of prohetNwd signs. 71w's the meat of the 21 the last week, 1 have basically man on the stress polled
22 maner. We've dii=msed this for two weeks and that's 22 SO to 6o individuals, friend& oeigbbars, OOMPL'tc
23 where we're going. The rest of it goes along with it or 23 strangers, senior 66XVIS, you know, es'QY race
24 doesn't. But if you don't do that, it doesn't roarer. 24 imugirtable. And I could liwahhy not rind one Penman
25 MX HILL: And quite boondy wbw Mere 25 who Wss against Wbards. Most of tho epmmeab 1 got
r
Page 134 Page 136
I saying that you add those - all tbow ones with the I W= related to billboards, who arcs "A thou?
2 astais, what were baically saying is if you don't 2 tact's fix the streets Lot's doe tip tie trash tad's
3 approve 33-4 you might as well not do the rest becxcse 3 cut the weeds is the grass. I could not - I actually
4 it's all clemup language behind 33.4. 4 found two people who said they love Wlboard+. 1 found
s 33-4 is the one that sys any aT-ptecoix s am senior «tiaans who said, gosh if we didn't have
6 sips are added to the unlawful to erect, iWILI , 6 any billboards, l wouldn't kaota wbere to exit and 1 also
7 maintain and that is for the City corporate limits and 7 think that tbey do provide revenue, mgardless Of bow i
e the En That's the way it's worded. s small, l t)unk we would love to bone a Lusiness that
9 MS. SCHERrZ If it's in agre=W with my 9 would coax into town that would provide 5700,000.00
to fellow Commissiorers, then why don't we do just tbas and 10 worth of value. I ►aow that they provide mtaue for
I I vote and discuss only Section 33-4 and with that vote, I I the businesses that advertise sod the m4ctity of these
12 then deride how well proceed accordingly. I'd like to 13 businesses arc local home""
• 13 start off the disctstion by saying - l I Right now' wt are enC0131 rg 00000MIC
14 Mx POWELL, we don't have a motion on the 14 dwelopmeot sad 1 thick that this is wylas. please,
I3 Dame here, you Snow, bring your bustom here, but by
15 Hoot.
15 M5. SCHERTZ• Okay. 16 the way, you can't advertise it, you know, e2oW an
17 Mx POWELG 1 think we need one befog we )7 your property. And 1 just rally drink that,
16 can diavss it I know I'm being kcWcal but is persooally, I'm for billboards now aft b this to all
• 19 alt scHuTZ No,1 just don't know if we 19 these people because 1 couldn't fwd anybody aphd _ • •
20 want to comment - 2l1 them Toolsht there was no me to show tip to Weak for
21 mkt. POwEU: if this Board doesn't want to 21 banning bdllbesvds. You know, I really expected a VOW
C 22 move on this tonight, then tbuc's no reason to discuss 22 of people to talk about astbatia mad bau91ficati0m
23 it and thud's no Motion, on. the floor. 23 No ore came sod if we're responsive to the public and
24 M& wmRTZ okay, Then before we r ianm, 24 that that's why Wit have public hearings is t1o HAW
75 we'll entertain motives 2s what the public bas to say. I bard a fat of Pon*
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t talking abeu keeping them and the value that they l the rest of it. And I'll ask you to look on Page 3 with
2 serve, but I had no one to talk to me about the benefits 2 me of the part about the Sign Control Board. Up there
3 of banning them. So I will ddusiteIy be voting against 3 at the top or almost the top, it says, D. a decision of
4 busting thtm. 4 the Sign Control Board under this section may not be
s ms. scHERTZ Thank you Who would like to s appealed to the City Council and I understand that's
6 speak next? 6 State law or Federal Law. As provided by State law,
7 Ma ?OWE LL Well, I'm willing if nobody 7 decision may be apptakd to District Cant by filing a
I else is. 8 verified petition with the Court within 20 days of the
9 M5. SCHE.RTZ. PICM 9 date of the decision tendered by the Sign Control Boar
to MR PowEt.L t think we -Ave snookered just to Go down a link further with me, under 33.11. it says
1 l a link bit uhm we received this secrU corridor 11 the owner of an off-premise sign or portable sign shall
12 stuff. I don't know whether it was on purpose or not, 12 permanently remove the sign no later than 10 ten days.
13 but I think there Is some snookerism going on here. 13 So one plea we're telling them thry've got
14 We're not talking scenic corridors but that's the title. 14 20 days to go to District Court and the next place we're
15 And I kind of resent that a little. Bit I also think is selling them they've got to move it in 10 days. I'm
16 that and I'll explain it this wry, when it caret: time to 16 telling you, folks, this thing the only reason it's
17 vote for the city council to vote to put me back on 17 here is because a small elitist group wants this in a
I s this Board or not, there was a lot of discussion wrow 1 s burry. We are not going through everything we went
19 the council members to say the least. One of them even 19 through the last time because they want it in a harry
29 took me to hmh and she must hate asked me five tines 20 and the attorney had to write it in a hurry. Whoever
21 that day, Bob, why does Denton have a reputation for not 21 the staff was that did the naafi report had to give us
22 being business friendly. 22 in a hurry scenic corridors when it ain't This is not
23 And I took her for a ride and I showed her 23 fair to the business community. It's not fair to the
14 five or six examples of why Denton has a reputation, if 24 taxpayers. It's not fair to P and Z. It's not fair to
25 it does, for not being business friendly. I shooed ber 25 anybody. I'm going to vole no. Thank you.
Page 139 Page 140 }
t Pcp Boys. I showed her Cracker Barrel. I showed here I MR ENGELnwff: Madam Chair.
2 wbee the new concrete plant was going and she has the 2 MS. SCHERTZ: Yes.
3 one that couldn't find the old one even ftugh it was 3 Ns. sCHERTZ 01 simply be voting yes,
4 out there, but it was 1,000 fed awry. Maybe she didn't 4 because I don't ctwactedw the city council in that
5 have good gl- on, I don't know. But one of the 3 mumer. Thank you
6 points I made to her was that in Denton if you are a 6 M5. saiEltn: All right Thank you.
7 businecsrran and you uvrk and work and worS to protide an 7 hut. MORENO. Madam Chair, just a couple of
8 incume and pay taxes and a payroll and you think that a s thoughts, if I may, we have been siren information that
9 deal with the City is a deal, forgot it, because it 9 tells us that dozen of cities right here in Texas have
1 to ain't a deal. io banned the construction of new off premise billboards
I I There's always a group of smell elitist I1 and, apparently, they have suffered no ill effect as
12 group of people that are going to chwW the deal. We i2 part of that in fact, those cities, the action they
l3 made a deal with this sign ordinance. ru}'~ and 13 have taken in - Denton, bowtver, vrints to keep these
14 tle uncle was involved. The chamber meant for yeas, 14 great big gigantic signs along our freeways. This ,
15 literally. The council must have had tow or five is rooming 1 had occasion to drive out towards the
16 public hearings. 1 wasn't on P and Z at the time. 1 16 airport And it struck we that wouldn't it be wonderful
17 don't know what they did, but it =20 bats been equal. 17 if our entratlas so the City 355, 35W, 380 eonld some
is This city fought over that sign ordinance and came to a is day resemble what the ocountryside out at Airport Road
• I9 conclusion that probably nobody liked at all. But, at 19 looks like Apparently, that Is not goin j io happen ~ •
20 kast, it was finished And now the deal is not the 20 though Think you.
21 dal. We're changing the dal. WW's a btsioes mesa to 21 Ms. scHarz Please.
22 do? It's a perfect example of wby Denton of not being 22 M4.OOt om. Listening to tvcryoae talk and
23 business friendly. 23 trying to think of aL the billboards tlkl we have in
24 One more thing about the ocdittsnoe trod 1 24 play tad everyone is takking about the business people
25 know it's not 33.4, but if we pan 33A we're looking at 25 here in Denton, and as I think of rite people who arc
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1,2 ing on these signs, most of them are beers. 1 let's show people that business an be done here in
f them arc Columbia Health Care Facilities. One 2 Denton. And T don't believe that we an pet by as the
vx x television s s cion. The only one 3 way we've always been doing it.
4 McDonalds, Coopers Copies and Bmuvu and Cracker Barrel 4 Now, I know a lot of people have put effort
5 arc the only ones that arc located here in Denton that 5 and time into the sign ordinance and I don't bdine
6 are using these billboards as sdvertisirsg. So to state 6 that there is any elitist group that's trying to push
7 that our business community will somehow be impaired 7 this through. I'm saddened bybear4q that beaten we
b because we don't have them, I believe is an Informed s all know that there is plenty of groups In here that
9 outburst of iaforrnmion 9 have their own Agendas and I don't believe that this is
10 1 duo's believe that our business people are to part I believe this is people wbo truly want high
I 1 using these as suNiciently as we assume that the Y are. 1 I paying jobs and attsaang businesses bete In town and we
12 lWarstingly enough today, I was in my entnepnaeunbip 12 can't do that doing bust as like we've always door.
13 class and I've been thinking about this for quite a 13 AJI you have to do is go look down on Iegscy Drive.
14 whik as to v.fw really should happen bore and 1 also 14 Look at the companies that are paying high job - with
13 remmnber the vision statement that was brought for and ii money. They don't have billboards in front of their
16 listening to CouncUrnan Young speak, haw be wanted to to front loo They don't have tekphom poke. They
17 keep it to speak that to develop Denton as a 17 don't have all those scenic internsptiom there. If
is icading entrepreneurial city that attracts high tech, 18 that's who we want if we really want to be a business
i9 high sicitled, htgb paying jobs. And forour business 19 community that pulls in businesses, am Soo have so
20 community, I know that this is a real important factor 20 change. And that first change is what we're doing right
21 that people want high paying, high-skilled jobs. 21 now by putting a sign ordinance that slat" that we have
22 unfortunately, you can't do that in today's society. We 22 pride in wbo we see, that we are able to stand up and
23 Am watching TV and what does the fast commercial say, 23 make what is necessary to become an enueprenearW
24 imagine is everything. Thet'a what our new generation 24 City. I will be voting in favor of this. e
25 is believing and if people come into our city and they 25 Ms XI/EX Z Thank you. Commissioner
C Page 142 Pape 144
I believe imagine i1 everything. the rust thing they Me I Povrell.
2 are billboards, tckpbwe poses, a bunch of signs, 2 Mil t'm - I do have one more comment.
3 they're going to chunk this isn't such the image that 1 3 Rudy mentioned something that ticked this off with me,
4 want to be .r part of and we have to think in the aspect 4 talked about Fart Worths, the fight's not fmisbod ova
5 of what does the future hold, not what the past has s Owe, The sign industry is taking them to Fedcral
6 brought forth. So in my class today be defined 6 Court so we don't know how that's going to come out.
7 entreprm~p as the are and science of a business of 7 Kip in mind a lot of people the fight w'as finlihled when
s a significant change in an existing busiom through s we told Pep Boys they couldn't come to town. Tbey look
9 innovation, growth end change. And 1 think tbat's what 9 us to Count. They're here. So we don't know what's
10 this City reeds to be. It DOO& to have some to going to happen to Fort Worth We don't know what's
I t entrepreneurship. We need to be innovated. We need to I l going to happen to Holston. We don't know shays going j
12 grow and we mad to change, We have a set paradigm a 12 to happen to Denton. They banned billboards. The sign
13 the way things should be done and from listening to some 13 industry took thaw to Federsl Court- We don't know
14 of my fellow tcornn issivners, Some of them belt eve then 14 what's going to happen. I just think we're in as awful
15 just because we did it that way in the past is :be wry 15 harry here all of a sudden
16 we should continue doing it for no apparen'. ream but 16 MS. SOJUT7- Ate then any further
17 just because that's the way it is. And I dott't think 17 commws7 I will take a minute and 1 will coochude and
is that our City is going to survive If we con'inue to do is I'm going to try and choose my words ardully. If I
19 things as we've always done tbern. It's tmfatunatr, but 19 look at the visual picture, the Iarge p%cttae, the down i
• 20 what we want to attract bore to Denton Is hig: -paying 20 the future picture, In fact, wb= one of the women •
21 jobs and we have to do some dignified chmges and that 21 said, you know, think of your children and that
J 22 means taking down billboards, cleaning up our act, 22 geoaatioo, I can go with banning billboards and
23 making this a city which people look at and go, Wow. 23 Limiting their use and hrsvirta the KrY 904 our
24 And the rust step to this growth and to this chr110e is 24 highways bmitLU mod 1 an ague with throe of nay
25 to say no more billboards and let's dean up our act sod 25 fellow Canmissioness this evening vast' early.
PLANNING AND ZONINO i&UM i SBPTBMBHR 10, Page 141- Page 144
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I But as quickly as I say that I can flip the 1 Having head from each of our individlu
2 coin and because I do remember the mass involvement of 2 Commissioners at this time, I will ask does everyone
3 the coatauraity when the sign ordinmcs that was passed 3 rnememrbet the motion that was made? It's to approve
4 this past sign otdmtoee that was passed, the volume of 4 Section - I'm sorry, to approve Section 33-4 which
5 people tut wen involved, I have to sit here ask 5 would Idd off-premise signs tO the list Of prohibited
6 myself, then whhat are we afraid of Let's have - if we 6 signs. All in favor of this motion please signify by
7 are going to change something and, obviously. this - 7 rW4 your right hand. All opposed?
6 %Sttha we have off-sip rt mix signs or we don't lave 3 (Ms. Schertz, Ms. Apple and Mr. Powell
9 them is affecting a lot of people and what am ve afraid 9 voting in opposition,).
10 of? And M's go ahead and open it up to the public so 10 MS. SCHF m- The vote is a tie, 3.3 which
t t that rid a we aimia their questions so there aren't 11 indicates it no vote. And I will ask staff or Mr. Busk
12 concerns and we coo move (award into another pmeraEon 12 if that is appropriate to send to the Bound?
13 or we can find out that there are trio tonnes and 13 MR. But 1'es, a 3.3 vote meatus there is
14 maybe this isn't the right thing for Denton to do. 14 no reoMU nddioa. There is no rocotrurtemdatioo for.
15 And so I am agraing with some of my oiSw 11 Thee is no recommendation against because it's a tie
16 Commissioners this evening that we are moving too fast 16 vole. So the -"ere WOWa reflect it in our staff report
17 to jtst simply say, council vote cidl r in favor of 17 to the Council dW there war not sufficient vases 10
16 ofF-txcmise signs or vote against it and then it's going i s have a rooommeodation on that point.
19 to become on ordiln > I don't fat like it' a fair to 19 MS. SC mm. Are we comfortable - I mean,
20 the community to move that quickly. And for that to 20 that's what we are?
21 abet, I'm going to be voting against this section 21 MK F ML I think the the odta point is 1
22 tonight. And I just wet to stake sure it's tr &tgood, 22 is that the minutes and the actual results of the vole
23 it's not particularly bocrum I'm for or against it, 23 will go to them so that they will kind of know what you
24 it's bemuse of the manner in which it's being handled 24 anguished over, not an easy topic
25 and f would just lice there to be more of on education 25 MS. SCNS.4T7; with that, we will move b the
Page 146 Page I48
I process a that whm we ale rbmL0 with dais sloe 1 next item and I also want to thank everyone in the
2 perception and tan's vital ire all about tae bees tat 2 audience th u's so with us, tank you for your time
3 xe've tsken - lice xe lave in the past wihh oba 3 and thank you fellow Coavnissioaua for your Input. 1
4 blues In shit City, it fair ono. Time was given and it 4 hope that it setup the Council as valutable.
5 urns sddeased And I feu mire beeaux rMtndy ttis 5 UL WLL• MC14 we we done with
6 sign ordinance dots affect to many Mniaas members and 6 everything?
7 other peopie. rm just tatH.ng about - not just dx 7 MX DUCEL. t thinly you're taking the
6 busi:ms community, Seca h&w*iNa and bore our tommaahhy b appmKb right tww that that bandled all of the asterisk
9 loots and bow wt Nut k to look in fortune ptomdom 9 items?
10 I stink xe oed to iavoht all aspects of sloe cormmumky. 10 Ms. SCHERM Aught.
1 I And for that, dw's why I'a be voting against w Are 11, MIL SUCM It that VU you're say47.
12 there any new commKms? 12 Ms SCtmm Alain.
13 ►a ooua0m t did forger n uy som e64 13 MR 11MM. we did not asterisk 334 tmough
14 1 bad a block party this vwc3:eod and I did ark people 14 11. '!bat's the Sign Contra Board I think we know
15 and quie a few people from my area did winder wbm vm 15 where that votes going to p but I think ere need to !
16 were gocr,g b to around to doing scenic corridor 16 take a voce oa that And one of the things that I'd
17 ice ro to. So thee are people in ibis bxn who go 17 hike to mention to you, that is one Cknee, you lmow. i
19 both wrys. h's not jot a owiny wort and I press 1 f after I Wept and I wort able to read reds again on
• 19 it &-pen& on box' imfomcd people are and alert lb* 19 Mooday. V you qxm, I w'anbrd to - before you vowd, I I` • •
20 now is in [E: cow=aky, wbu they bcrxve to 20 wanted to tell you bow It dhould Iook. On 33.10 on page
21 p:ttmg hnvofved in, 21 2, the wbole co*oW of what we've bear working for is
22 ws, sermon And I think a lot of us are oe r., that this only VPlia to ofr-prcfrlw and portable tdgm
23 the same page. I j m tb nk tbere'a soma tree them that 23 and not to on-premise, but I had not rally aRieulaled
24 omds to be given cc bar we arrive n sloe final 24 that well and what I'd 13t to propo-e to council whm
25 comchnsiom and tbaY► motyb aid p s they look at that twx and to you is that wt A there
PLANNING AND ZONINO MEHITNO SEPTEMBER 1Q,1997 Page 145 - Page 148
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I becanes B all these A. B, C and D boo" B. C. D and I clarification as to - depending oar which way it goes,
2 E And the A would read the Sign Control Board shall 2 the vote, as to what the need of the Sign Board is.
C 3 have jurisdiction over off-premise and portable signs 3 MX WLLr Let the try ere snore time and
4 only. So that it wmW be clear is the ordinance that 4 maybe it still won't make it clear. I think that there
5 we're not atternpcing to remove on-preause signs. 5 could be a Sign Control Board rtgwdka of whether you
6 M0. HILL. lust for and this is kind of 6 have a ban on new off-premise dgrM But if do you tot
7 technical, but 1 would like to ask a question snaking 7 pcoblbit new billboards, you're going to have Ar less
8 sure that from a legal standpoint arm we comfortable a signs that would be subject to the Sign Control Board
9 that we have taken care of all of the asterisks? 9 procedwes. You would only - if you don't prohibit new
10 M& mKEK.- Personally, l rally would fed Ic signs, then - or let me put is the inverse. If you
I I better if we'd come back and then having son that vote, i l prohibit new billboards and they are placed on the list
12 that the four other items that wmm asterisked have the 12 of nooconforming uses, you can purchase and remove any
13 same reconuneodatioe ear no rxammeadatioo or whatever. 13 oft-premise sign or portable sign in the city, okay.
14 Could you do NO 14 And a new one is not =Ding to pop up in iU plan.
13 sts. scKEarz suro. With dimctioa from Is That's what thn nears If your decide not - or if the
16 staff, art my reilow Commissiooea conTwtable that the 16 ordinance does nai go ch v4h prohibiting new
17 remaining four asterisked iwm which is Section 33.91, 17 billboards, but the sign control board is still seated.
18 Section 33.93, Section 33.166, Section 33.167.1, slut 18 there would be soae signs you could still pwchate, but
19 the vote reflects the some as whm we voted on Saxion 19 R would be limited in tw"tber.
20 33-11 I'm seeing a ood. I watts the minutes to 20 MR. e;GMAXWW: For example portable signs
21 reflect - 21 could be -
22 MR tint: Could we have a motion. 22 Mkt MLL. roRable sips ear legal
23 M& scxExm We need it motion 23 moconfotming off- MmLot signs, oom that might be too
24 MR.. POWUL. So moved 24 ckwly spawd within that - according to the 1,500
25 MR EKELDRUNT: second. 23 foot interve,L
Page ISO Page 132
1 MS. SCHF.RTL Having a n106M and a attend, I M-R e.'C+EL>lXEM: or she larger.
2 are there any discussions? Sexing none, all in favor 2 MR. Hsu And quite honestly, I mean if
3 please raise your right hand. Moton carries 3 you watt to look d it from a practical standpoint in
4 unanimously, 6-0. 4 many ways they do kind of go hand in bend If you have
s MS. GpLwm: Did we vo4c on Section 33-9 5 an anti or - you're in favor of the prohibition, chit
6 which was not an asterisked? 6 kind of gas with it. You know, there is no sense in
7 MS. SCHERTZ: Not yet. We're getting theme 7 Wy'ung sad semovirg billboards if the oommuntity doesn't
s and that's next on our voting Agenda would be Sections 8 watt to prohibit them in the first place. -Ibis's kind
9 33.9 through 11, Sign Control Board creation refenence 9 of the way I would look at it.
t0 to state law and mmoval/compensation procedures and 11o M3. GMRDIE: well, is them any way to voce
i 1 will entertain a rnotion at this time and then I1 on it in this sense?
I1 discussion. 12 btA D*ELaaECKT: We an vote oar it that .
• 13 MR. POWELG I will move 33.9.11 not be 13 way. Aar a tatter of fed, Madam Gain, I will moue that
14 rcomutteaded for approval by the city council. 14 we approve Sections 33 - approve a recommendation to
Is MS. SCHERTL is th,-ro a second? Motion is the City Cotmcit of Sections 33.9 through 11, Sign
16 dies for lack of a second. I wtTl entertain another 16 Control Board cmetioo in refertnoe to erne law and
17 motion. 17 tmmovWcompensa ion yrootxN mt.
is tv13. OOmw-- l wouM 15m to move that we 18 MR MORe;a ra w and
• 19 or delay this until before I d0 anything. I don't 19 Ms. SOMATZ- Any ffiuvsriott? + • O
20 know how to put this. But 1'd li ke to see it somehow 20 ML POWF L Yes. 1 think the same
21 discussed further w clarified I don't know, To t»e, 21 discussion I had before. It's poorly written and I
C 22 it doesn't make very much senx, our options now, 22 don't man to cast any dispersions. I mdastand the
23 v4xiber this passes or Dot, I don't understand who arc 23 gun that, you know. the attorney wv under dromist, but
24 options are with the Sign Board. I know you earlier 24 to tell somebody they have 20 days to take it to Court
25 discussed it But to me, it sWI Dm& stlme mote 25 end ten days to tar it dawn, that's what tread bete
PLANNING AND ZONING MBBTING SEPTEMBER 10, 1997 Page 149 - Page 152 f
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I If I'm wrong, point it out. l MIL BucEC: The two don't lie in,
2 MIL SMEr: But be acne now that what we are 2 MA HIIa: The Sign Control Board does not
3 saying hers 9. 10 and k l arc rally state low. If you 3 fund. They only determine the amount. Okay. Them is
4 am going to have a Sign Board, this is the only way you 4 0o funding mechanism is a Sign Contact Board
3 do it In other ways, that 20 days, the 10 days, Mr. S MR. Bucirk: Right. In otter words, ounce
6 PoomiL all of that is out of state law. lfyou are 6 they set the vahre, then say if Planning Is the kg
7 going to have it, you can't write it any better than 7 that's going to be handling that for the Coaxil, the
8 this. I could have a year and I can': write it any a Sign Board would report t0. life, Dave is y'all's
9 better than this. 9 executive director has, you so to whoever the Fxa rtiv,,
to Mk POwML• Okay. Fine, We1i, then it's 10 Director fa the Sign Board was and it probably w •1 ' e
I I still wrong because if a person has 20 days to appeal to 11 Dave and he'd take that figure ovr to the city
12 Court but at the tad of the 10th day be's got to tear a 12 manager's offKe and say, okay. That sign is worth
13 sign down, there's something missing here. 13 510,000. We need to put it rum the Council Agenda to we
14 Mel butt: Let tan take a crack at this rtal 14 if the oouned wants us to bury it. You have to take
t S quick I think that the problem here Is in how this I $ into account that the Council's Agenda is usually 21
16 really works. It basically says that you have 10 days ib days in advance.' Sometimes they will waive it and go
17 after notice that the compaustico has been determined 17 wi a 10 day notice. And then it goes on on Agenda.
is is available for payment and will be paid upon removal la Then the council has to pass a Resolution or an
19 of the sign. So whet it's basically saying is that if 19 ordinance directing the money be spent
20 you rgrec, the mechanism is in place, if you want to 20 So it's a total different thing, that is
21 come get your money, you've got to take your sign down, 21 true. It's possible. If what you're saying is the time
22 Maybe I'm reading it wrung 22 frame is tight, it is possible flat all things
23 MR. WKEL Yeah. 1 thint What occuts is 23 considered, you might be able to get the council within
24 that in the process and keep this mind on the 20 days, 24 about a 21 day period from when be imrows - when the
23 the 20 days Is true on my on your plats, if you deny 23 Sip Board says, this is what the sign is worth. You
Page 154 Page l
1 a plat, they've got to appeal it in 20 days. If the 1 may in 21 days be able to get the council to approve
2 Zoning Board of Adjustment denies a variance, they've 2 that But then voce they approve is, then you tell the
3 get to go to District Court in 20 drys. Since this is a 3 landowners, the sign owner, you have got to take it down
4 zoning issue you can't chahkngc that, but the theory 4 and he's set 10 days from that 21 days to take it down.
S would be is the reason catty the 10 days should not be a S But you're right, dot process is just a lxoocM It's
6 problem, whatever the Board says, okay. That sign is 6 no written in them bwause that's just the way the
7 worth S 10,000, DO, okay, within 20 days, you've got to get 7 requirements are set forth on coumcd Agendas and the
a over and appeal it. It's still going to take time, a a Open Meetings Act.
9 lot more than ten days for the staff then to turn around 9 mL K wELLt tat roe add one more thing to
10 to take that put that on the council agcsda, to have 10 it. Let's look a; a billboard that's 12 or 14 or 40 or
11 the council sudwrize us to buy that sign. You know bow I I whatever it is, tbwe big ones out there. You tell a
12 the Agenda Process works, You're going to go wdi ova 12 meta lx's ; x to trlu it down is k Q days a fair a
• 13 10 days before they an authorize to buy it And then 13 reasonable let's ad use the word fair. I^et's use
14 once they rAhorize to bury it, thee, you know, you've 14 the word masoogbie. Is it a reasonable tirue to take
IS still got that other tea bays kA that when you tell iS down we of those nillbo4rds7
16 them the money is there to take it down. 16 MA wLL, They can Set totem up In a day.
17 h4L rower L I agree with who you're saying 17 Mk Pov ELL. K air, they can't. You've
I a but what you're saying is not what this says. This says is got to par t16': fotmdatim You've got to wait for that
19 the owner of an offpreadse sign or a portable a* 19 to set up. You've got to put up the;l you know, the pole
• •
• 20 shall permanently remove that sign no later than 10 days 20 and all that ja x I don't know. Maybe it Is
21 after notice that the compensation determined by the 21 raxneble, but I don't know. It dortn't sand
22 Sign Control Board under this sectioa is ava'lable for 22 rtasonable to me. I mean, any other Was a City sells
23 payment. 23 somebody to do, they give them 30 days, TLey don't give
24 Mx HILL: is available, that means it's 24 them 10 days that I've ever hard of. This is Control
23 available by the City, by cmrocil. 25 Board all right Man, it's cootrollins. You've got 10
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3 days to take it down, guys 1 mate it if there's really not a teed.
2 Mx IMU 1 think the otter thing is is 2 mx Buac- ow of the two things - I've
C 3 that it is the City Ow hu to give octict. It's not 3 looked at the statu% and I don't food the time frame
4 the Control Boord. 4 in thee, the IQ day cute, to that Provision I think, is
5 MA POWELL- 1 wdastand. s taken. out of be Austin ordinance, So it is posa-ble
6 I- KILL okay. 6 that if before you want to vote on the issue if you warts
7 rata scHFxn I'm going to inset While Mr. 7 to mcom=nd that that be cha ved to 30 days. I don't
6 Bucek is loo" through his Paperwork that if we remove s think that's Bob* nto be an issue in the long haul
9 any off-premix signN then this Control Bard will have 9 That's just discretion sold tare could change it to 30 dsys
I o significantly mere to do. It may not have a let, but it to if that takes it easier for you ou that point.
I I could have signifrantly more to dn. If we lave it 11 SocorxWily, the reason tbat we're purwirg
12 alone and 01TIMmite signs air 10 ftenaim the way they 12 the issue on these three thiogt is that rmasooable
13 am right now, tben if we vote in favor Of thus Comrol 13 people could ray 1 don't watt any more new signs but 1
14 Board, it's job and whu it has to do is what I'm being 14 don't want to buy any sign. so therm is a possibility
15 told tonight, very minim!, hot much at alL So wise I 1 S the reason we are asking you do you want to vote on
16 am being a quandary right now, I really don't have a 16 drat, even tbovO you have a 3.3 vote on the probibitive
17 probkm with the Control Bord, but do 1 want to have 17 sign issue, you could have a 4.2 vote saying ere don't
is one if, in fact, it's minimal red then if you read wbo 18 want to bury sips, And that's the kind 0f
19 has to be on that Sign Cootml Board, it's very specific 19 recommeadatiaa that camcil ands to hear from you and
20 and there are no a lot of people in this conamniry that 20 that's catty we have it there. And that's ooe thing to
21 fits that description that may want to serve oe that 21 think about, although, your point is very good too.
22 Board 22 But i man, that's the only' reason we Drought it to you
23 So I'm taking it a cep further and I'm a 33 that way. But 1 would say since enteral has not lookup
24 link bit concerned that there's really cwt a need - 24 at this docvmer,4 I'm very comfoidabie of switehins ten
25 if that's what we decid4 if thee's not ■ need, then 2S 10 days now Ihst I Look at the statute and I don't see
L Page 158 Page 160
1 %ty should we put this Control Board to I'm going 1 that 10 day rule in them of ebwg* it to 30 days
2 back to whet Commissioner Cardin said and that is, l 1 because if what you're saying stay be right' It may take
3 really don't want to vote on this until I know if we ate 3 a reasonable time to remove the sign. And I can
4 going to have ofT signs or not because if cam are going 4 certainly rlpnge it to 30 days if that makes that point
s to add the off-sign pn m to the prdubited list, 5 go easier.
6 there's a need for this. If wm don't pass it, I don't 6 Mx hUU' rm going to make one Last commeat
7 feel hike there is a nevd for this and so 1 don't want 7 and slat is 1 think that this Le&atioo wu M
a to add an otbcr Board that's cmWA by people that a together to make it very dlfflcrrlt to remove and
9 there's not a lot to pick from if cam don't rally need 9 compensate for billboards. it is vary pro billboard.
10 it. And what I'm basing this oc is my experience on. 10 Ma KRUTZ. I agree.
I I Planning and Zoning and watching council when they have 11 Mx HH3w so if you're concerted about the
12 to put people on the and help me out, Ms. Bateman, on 12 time frame,] tbdvstamd but 1 suers my problem to 1v#
• 13 the plumbing? And it tans to We a certified plumber l3 cbKwai&4 this is - this wu putt wither by the
14 and what they go thumegh 14 Billboard lobby sod if you bavm a problem with it, it's
f
15 m& Bimw-t: on the Plumbing Code Board. is almost aotithetial to what they wan rryins to get in
16 Ms scram- on the Plumbing Code Bond, I 16 them. And 1 rally don't are one way or aodha in
ahead. I'm sorry. But it 17 terms of making a rooommeatlrlio4 lost I'm just tryltus to
17 toad, slat sounds
this
18 sounds 30 trite, but it isn't easy sad ,a'hrecv'rr gets that I a - I'm putted that you're concerned about it, yes
19 on council teat has to go find that certified plumber, 19 is soothing the billboard InduetrY wetted 1 • •
20 it's not an easy job. And now all of a mxMw we're 20 Mx POWELL• 1've ww beeo a lobbyist for
21 looking at cam have to have appeases. We have to bave 21 the billboards.
/ 22 this. And we have to have that. And them away mot be 22 Ms. SCHEM' let roe ask on --1 mean, it
= 1. 23 that many to pick from in this community, so tlwx are 23 solmds like as Mr. Buxk his poinW out, tbey're
24 just my feelings and I wanted to share it It's not 24 wanting 3009 drarCm On the won V= &M
25 that I'm against it. It's just that I don't went to 15 Carted we if I'm wrack& bin it's my nodatthredrns that
PLANNING AND ZONING MEBTINO SEPTEMBER 10s IM Page 157 - Page 160
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1 we have choices on how to come with the compensation. 1 we this - the Sign Board created if Section 33-4 is
2 We have choices like - from our tut base. We have 2 approved by the city council with the 30 days
3 cboioes like private groups raise money to purchase 3 mx eicteuitECl;I': I guess I am secood floc.
4 billboards and so I'm adci% staff or anyone to give we 4 MS. SOMTZ Do I have to aslt If that's
S some ditatiat. Do we now know how we're coming up with 5 any disetnsioa? I will entertain my dfiuussioo if
6 that compensation? 6 there is on the amended motion. Good Seem none, all
7 Mts. HILL. No, and thu's not as Issue 7 in favor of the amcndment please signify by raising your
b tonight, okay. AU we're asking you is in malddtg a a right hod. All opposed Motion. carries 4.2.
9 tecom;nendation to city council, do your even want to 9 Now, the CommiWodiem we're prepared to
to develop the capacity to do it? Worry about the money to vote on the original motion made as amended All In
I I later. 1 mean, do you evert want that mcchwtism in City I I favor signify by raising your right bad. AIL opposed?
12 law to be able to do it? That's tbt only question being 12 Motion caries 4.2.
13 asked, 13 We will now addrm Section 33.95,
14 MS. CMILDIE I am Kill h.vin a problem 14 clarification of rules for prepUIN off-premix sign
13 as is the fact that I only want this if we're going is repair estimates.
t6 to hsve the oll-premise prohibited, so I don't really 16 1'il entertain a motion, pteax.
17 want to vote on this beaux 3'm not happy tith a wry. 17 MA. txc, L&tEcx rU move thi:t vice
1n. Is tbere any wry to delay this cc have it based on if la recommend to the City Caned approval of Section 33-95,
19 the signs are prohibited or do we bave to go forward as 19 dwifiatioo of rules for preparing off-premix Sign
20 you're saying, give dissectuto to the council anal if do 20 repair esti mates.
21 a 4.2 vote, we're saying, bey, no Sign Borg but go 21 Mx POWEtt: Seoood
22 gzad and 22 m& acHaTz. Any discussion? All In favor
23 Ma WXET- Well, the theory is C= you 23 signify by ralELog Your ril t bead. Motion cassias
24 have no reconuneridation, than the council certainly could 24 unanimously, 6-0. And 1 believe that ooochsdea
25 say, well, it's up to us to call and so by a 5.2 rote or 25
Pape 162 Page 161,
1 4-3 vote they say we're going to prohibit signs. 1
2 We14 once they do that they are going to have IN$ 2
3 ordinance and they're going to be. voting on, okay. art 3
4 we going to buy these signs now? If you don't tall them 4
s anything tonight. then they're going to be worluntg Ln S
6 the dark and a 3.3 will kt them work in the dark but if 6
7 you wanted to tell them something then a 4.2 rote %,%A4 7
a tell thtm if that's What you watt, we don't want 10 buy a
9 signs. So that's why we don't have the ability to sit 9
10 back and not take action on that tonighL 10
I 1 mx L-,*E ;LEcHTr I would just like to 11
12 comment the fact that an option for as individual is an 12
13 abstention. 13
14 MS SCHERTZ And, agaliN I'm going to do 14
13 this devil's advocate thing. And I agree with what 13
16 everybody is sayirg boallx Mr. Bunk Is just trying to 16
17 say if you want 10 tell camel? your opinion on if we 17
19 waat the ability to buy back zips, now is yaw chance. is 19 MR M U I'm Bob* to convIiare your life 19 • •
20 a little bit roost. I'm going to tell you that you an 20
21 also make a frkodly amendment and say that you'll 21
22 approve it on certain conditions and so, if anybody 22
23 wants to follow your lead. 23
24 ms. co=m- j would lute make on ime'addfCnt 24
125 to the motion, that amendment being - I would like to 2s
PLANNING AND ZONING MEBTING SEPTEMBER 10, 1997 Page 161- Page 164
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Planning and 7011ing C0tnmis.i%xi
City of Denton
Denton, Texas
Tear Coni nissioners: -
I wnimend you for your ommitnient to cplity deg ITIllent as indicated by Yxir
consideration September 10 Ofa M)rxisal to ban new billboard axistruction in
your city. As a fellow 7Awing Unninissioxier, T understand the questitnis and
coiicems you have in debating this c nnplex issue.
Beginning in 1994, the city of Furl Worth "xxled to a surge in Nlltxvrd
Cti)ristrUCtion. After careful study City Council designated scenic canrid rs
(w1wein no new bilibOards were allowed), arid, after huffier study, cm July 15,
1997, the adopted a permanent nnxat~mum oxi new c mstructic4i of outdwr
advertising signs. This imiinance was unanimously suplxxted by our neighlxxdhxxd
associations and passed by our 7ming Girinnission 9 to 1 and by the City Cixrncil
h to 3.
Dvens of cities in Texas and %axes in the uatikxi 1mve such halm Your citi7.ens
deserve roadways tike the new tieeways in Austin and Houstai that are billboard.
free: they provide fifer acid mtm pleasing roadways fix travelers. The natural and
waninade beauty w 'heir cities can be semi and enjoyed.
Thank you for your considerntitm and for the volunteer time you spend serving yrxrr
community.
{ Yours truly,
Margaret DeMow
(617) 737.3451 plione
(617) 737.92" fax
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Date: September 10, 1997
aur.I of IMr.A.n r+f7T To: The Denton Planning and Zoning Commission
From: Judith Harman, President of Scenic Fort Worth
14aw Aypk~ Scenic Fort Worth is dedicated to preserving and enhancing the scenic
s:` character of Fort Worth. We supported the new ordinance which pro-
1.). MAM hibits the construction of new billboards for two reasons.
a To increase the economic development of Fart Worth by
1pbrttf sIWrl+r enhancing its visual appeal.
a To boost civic pride and the quality of life for our citizens.
11gMNh11e
I'n:~ura
Communities that enact tough billboard controls enjoy strong ecsxwmic
ate' I Is..
growth, Houston, Texas, adopted a prohibition on new billboards in 19311.
slx,.al.• rs.s,~
v, II(^kl 'fhe following decade was marked by strong sales growth by local busi-
rixa 1.11uv nesses The total retail sales in Houston grew over IWN from $9
rmi 1a'y billions to $19 billions in 1992. Similar statistics can be found in other
L chits as well
s1.. s. A1,v a In addition to banning new billboard comtruction, the Fort Worth ordi-
k ante %ill not allow major reinvestment to enhance billboards in "protected"
VunMl IR\1,nJ
afi. %%,Ourg areas, To upgrade any other existing billboard, the industry must remove
I rxd s1 w four existing signs from the "protected" areas. This provides strum;
w..• POW1 incentives to atiow for gateways, selected roads, and ueas of cultural,
w.w rw.
R.,rta architectural, and historic interest to become free of billboards.
Jar~l,t
1 roi,I tirtwb
1 . 4n l,rna)lu An ordinance which prohibits nvw billboard construcion is no4 a nragic
wand But data from cities that have taken this step prove that it is
effective in reducing the number of billboards in tMse cities by attrition
alone - 33% reduction in Houston; 20°/a reduction in San Antonio.
• In addition, the right ora city to control its billboards has been upheld at
every level of the court system in Texas and in the United States
We are proud that Fort Worth hasjoined the many other cities in Texas
which have chosen not to build new billboards. We have decided to display
the beauty and character of our city and to offer new roadways free of bill- -
• boards as a gift to our children. • •
J
An AJ/11111e a/Srenre Amerles, /Mr.
.
Stnt by: JTOOTC-W)AAM 5176220793 09110107 16:25 Job 954 Pape 315
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FEWER-BILLBOARDS ;IT'S A SIGN OF GROWTH
In 1960,
llouston, Texas, banned new billboard construction and banned upgrades on existing
signs. Deghe the costctM of sonic local businesses, the Mowi%decade produced
booming tales--even though a major recession took place during these years.
• Total retail main grew over I00SG _
1481 59,000,000,000
1942 $191000AOQ,o00
• Sales In eating and driaklag atablimbments
1981 5908,00169000
1992 52,094,181,800 ,
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JUL-
. i
ENIC TExAslnc.
P.O. box 61411 Xoutw4 Tem "M-1111
713 679 0461 9 M429403 FAX
Texas Cities With Ordinances That Prohibit the
Construction of New Billboards & Year Adopted
Alvin -1996 Grapevine -1994
Angleton -1993 Houston -1980
Austin -1983 Jersey Village - 2987
Baytown -19% Katy -1982
Bedford -1989 League City -1985
Bellaire -1984 Mesquite -1989
Benbrook -1996 Missouri City -1988
Brenham -1981 Nassau Bay -1976
Bryan -1996 N. Richland Hills -1988
Carrollton -1986 Odessa -1992
College Station -1992 Pasadena -1983
Dickinson -1997 Plano -1991
El Campo -1993 Rockport -1994
El Lago -1982 San Angelo -1985
Flower Mound -1975 San Antonio -1984
• Forest Hill -1987 Seabrook -1995
Fort Stockton -1984 Spring Valley -1987
Fort Worth -1997 Stafford -1974
Fredericksburg -1987 Terrell -1997 1
• Frisco -1996 University Park -1981 " •
Galveston -1995 Webster -1983
FRM P3
14Jut-~7
Apt AJ/l114 e of Scenic A+e4rlef, Inc.
a:
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JUNE Me
ZO1V1jMC4VeWS"9OC1:ATn1OM
c ~
ControIIing Billboards for o(fpremimss1ruwithin dieilpcode appliadon
area. The proNbidoa shall apply eo all elassi6eadom of
Edward T. Mc.tahom sups, types o(iigas, and special fnocdon signs. all ocher
What's big, seen ail over, arsd hard to get rid or For many a gas used as off-premises tips. :ttluding portable signs
communities. the answer is billboards. Existing signs are typically graadfathered but can not be
All across America. billboards are going up, and trees are altered, substantially repaired, or relocated.
coming down. Sign clutter is choking our tides and reaching A ban on new billboards will not improve a city's appearance
into the countryside. But many communities are saying enough overnight, but it will prevent the problem from worsening. This
is enough. Over the past sesizl years, more than 500 cities is particularly important to rapidly growing communities
have enacted new reguladons to control the proUleradoo of because it ensures that new roads do not become as cluttered
billboards. with billboards as existing toads. •
The Coalitioa for Scenic Bcaury acs as a clearinghouse of A ban on new billboards is a simple, popular whokM that
information on aesthetic reguadoo and sign control. We have has worked In hundreds of communities. It cosh mxpayen no
collected and LWyzed hundreds of local ordinances and have money, affects no existing leases, and, lreaically, Increases the
provided technical assistance to dozens of local communities. value of existing signs. It will also slowly mdooe the number of
Through this experience, the Coalition has developed etisdng billboards. This is because about five percent of all
considerable expertise in the legal, political, and pmctial of-premhses signs are lost each year due to attridom through
aspects of drafting workable billboard and sign control redevelopment, cancelled leases. eta In Howson, for example.
ordinances. We hnY also developed a set of model ordinance the number of billboards has declined from 7,084 In 1980 to
provisions and lessons learned. These are discussed below. about 4300 today.
Billboard Bans and Moratoriums Problems withAmordadon
C No single ordinance will serve all communities. Each An ordinance should provide an effective mechanism for
ordinance should be adapted to the cham mr of the community removing existing noocoafurmhng billboar&
and the image to which it aspires. However, many communities Historically, a community has had two optiom when it came
have concluded that the best ordinance is one that bans all
billboards and requires the removal of any already in existence.
Billboards have long been prohioitedin communities such as B1,1tboardrrwronJr4nvct/coma ryappearmxce,dxryCan
Aspen, Colorado; Alexandria. Virginia;Annapolis, Maryland; alto so"Adnananlewronmerd.Treaamdwgeafonwanrwed
and MarinCounty. Californla.In.day 1987, wren in Joerherenewblllboardratfnur"d295ouu1deRlchasorxd.Ylrftnla
Jacksonville, Florida. eodorsed a referendum mandating
removal of all billboards along city streets within five yam. rt r t
Today aver 1,000 U.S. cities sad towns touily ban billboards; s . ,
i
so do several states-Vermont, Maine, Alaska, and Hawan.
Temporary Moratoriums. Whatever kind of ordinance your
cornmmnity considers, it meads a temporary moratorium
banning new billboards whsle the Crew code is under J
• consideradon. A moratorium free= the status quo and ,
prevents the industry from rushing oat and erecting dozens of
new signs while the cornmumiry debates what to do. It also i
gives the community time to proceed in a camfW and orderly
fashion with= pressure from sign operator. +
,
No New Billboards. In recent years, the trend has been for
cities to ban the construction of all new billboards. Houston, F r
• Teas: St. Louis, Missouri; San Diego. Caiikrola; and Little ~I • •
Rock. Arkansas, are cornmurUes that have prohibited the
construction of new billboards.
J The Houston ordinance, passed May 9, 1980, is typical:
C (b) Penh bidon o/New t7d!Prenlms Sprat. Fro to sad after the r
effective date. no new construction permro shall be Issued y M •
Fdwarr T. NcNshoa 4 an utarary a.•+d evcvdrs dirrvt ddu Ceartdoa bra- ~ ^ t '
Scenic&sutr. M:S:~•'~~i-sa'y':..~...
ti•
•Cpnum he smk Berm
r,
tit •
•
•
e
to removint -_::scint billboirds.:he community could use its This alloys a community to consider billboards on a case.
zoning authorrry• to amortize signs. or it could pay for theii. by-case basis. Conditional use surutes usually require a
Amorttuuon provides a designated period of time during public hearing and notification of nearby residents and
which a nonconformtng use may remain. When this period others who might be affecmd by constmetion of a new
•nds, the noruconiurming use must be remwrd or modifioS to billboard. Some eotnmuntiues. lute Prince Georges County.
rmpiy with the ordlnanct. The technique has been approved Maryland. make: billboards a perrrund use N heavy
w Ln overwhelming majority of courts that have considered de industrial zones but require a conditional use perrrdt in all
Issue. less intense zones. other communities require a conditional
As a practical matter. hrnvever. amortization want work In use permit in all cues.
many communities because the federal Highway Saun&atioa a Billboards should be charged an aaumlpermhir fee of err
Act rrardates cash compensation to remove signs slong all least 200perslln strnctuna'Intl recently, most
federal interstate and primary highways. What's more, rnar.y communlues simply charged a one-time building permit
states have adopted legislation to require cash payments for the conwucclon fee. Hovtsver, an annual fee is necessary to
removal of sigm along all other roads. ensure that there is a yearly updated lrr a ory of signns and
Even where smortizaka is permitted, it frequently doesnt m cover the cost of hiring staff to enforce the ordinance.
cork. In practice, billboard companies almost never Fees can be based on either the value or the silt of the sign.
voluntarily remove billboards pursuant to an amortization At a minimum, permit fees should be high enough to cover
starute. It doesn't muter whether the ■mortin ion period is the cost of one or more sign inspector.
three yeah, five years. or 10 yeam billboard companies
typically leave their nonconforming lilts standirl until the day Z No billboards should be permitted In any residential
the amonirauoo period expires. A lawsuit Is then filed to district, historic district. agriculruraldvrrfcr, neilhborhood
enjoin enforctmert of the ordirtance. Win or lose, the litigation shopping dirrricr. or In the downrown commercial com
can drag on for years. During this titre. the nonconforming Most ordinances prohibit billboards in some or all of the
billboards remain standing, earning income. Lidlation is districts listed. Billboards are inappropriate use in each of
simply viewed u a cost of doing business. In the end. the these Ioations. Even sore billboard companies agree that
billboard company usually toss, but by then then Is a new city billboards are out of place In such areas. For example. on:
council Cm is usually asked by the companies w reconsider the outdoor advsrtising company recently agreed to voluntutuy
issue. Failing this, Lite indusuy will go to the state legislature remove billboards located In downtown Colorado Springs,
seeking to override the cirri legal authority to canonize signs. Colorado,
Exchange Only Codes a So billboards should be permitted along amy designated
Given the pnaical problems wish atttonization, many scenic smer, road. drive, parkway, orAighwtau Every city
ommunities are enacting exc range provisions. These should have some streets that are toully free of billboards,
C ,,rovisions require biilboud companies to remove one or mat rclardleu of zoning. Marry communities have developed
existing oonconforrrtinq billboards before being L[lowedto urban corridor plans (see ZoningNewr, February 1989) or
erect a new conforming bil:boadd, simply designated certain screen as scenic disuicu. Subject
A community that allows the construction of met to special sign controls. A new ordinance in Chattanooga..
billboards-under any circumstances-should not add insult to Tennessee. provides an example:
injury by allowing new bi!Ibwds to go up at de same time S-_ 3-34-Scenic Corridors Erwbfbhed There an berebv
billboard companies are refusing to take down existing established scenle corridors. which shall consist of rertain
nonconforming billboards. rips of land that are 660 feet oo either side of the of wn=
A new approach is to cap the number of signs and prohibit edge of ire ri&-a-way of all the roads, roues. and rivers
the construction of new off-pmmises signs, except to the extent speeded in d" article, within which steak corridor all of[
that such signs replace existing blllbouds. Tae 1967 Mobile. Premises ngns an regulased as sa hit beseia
Alabama, ordutattce is representative: See ?_SS p r tires Situ Alatl Seethe Corridors
Moratorium-No outdoor oK•premises advtrdslag"be PmhJblttd No off-prambes silo stall be permioad rid"
c xwrvcwd at emctrd after she date of the wact ert of dils the scene corridors esubilsbed along the following roues.
ordinance. except to the extent that such owdaar off-remises roads• and riven, Lod no off-prembes atlas shad be
• adverdsuy replaces an ex4stinl off premises sign. Any pennleted outside of am, such sank corridors dust are
replacement sign dull conbnn w all pro l&m of tills pdbd*y erected (inward or ax designed or situated to be ~
Ordinance. observed from to of due kGwirsg roads, routes. of Avers.
(The ort iur" No describu Il dit,stera roads cad L section
An exchange provision an requite a company to remove any of the Tennessee River which an dtt*m red u scenic
number of nonconforming signs prior to being issued a permit corridors.1
for anew cc nforminlsign.Orlando.Florida. foreumpie, le No billboard should befncredtvdda300feerofam-
recently enacted an ordnance that requires the mmonl of thret residence or %J AM 750feer of err y kitorle dlnrict, park. ~ •
• nonconforming billboards in exchange for every stew billboard school, church. Aosphal, cemetery. convection cater. or
erected. govemnm ens building. Setbacks cat as euentlal part of any
/ Specific Prorislorss Used to Control Billboards ordinance. Most ordinances prohibit bWbo rds on
residential property. but If the ordinance allows billboards
a community cannot or does mot want to ban all new on the commercial lox text door or across due street. the
oillboards. h might want to adopt the following provisions, provision is meaningless. Likewise. setbacb are needed to
which are designed to alleviate some ofthe mostobjectioaabie protect critical envirownenui areas. such as PLrbor
aspecu of billboards. historic lives. and to prevent outdoor adytrtlsing from
a Billboards should be a conditional use, not a pernnined use. intruding Into other inuppropriam Ioarlons.
•
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■ here :4 c u d be c numm urn qr : `00'99, between Wtboardr
on tnrerstares ana prtntar: roaar arc s mu unwn e% IA00
eer cerween billboards on secondar,., roadn Spacing
:eanire cents at-. easeanai..ut mce, must be m=ingful.
Bilitwara compatues reptealiy `.aver spacing of MO to 300
feet on the same side of the road---;vu enough spacing to
prevent a competitor from piaciag a sign in front clone of
their own. This type of spacng is meaningless as a tool for
improving community appearance-k 300-foot spacing
requirement that only applies to one side of the strew redly
means there an be ;a b llboards per mule, In other words.
your vision would never be ,free of billboards when trm,lng
by car. Spacing should apply to both sides of the street. A
1Ag0-foot soactng requirement. applied to both sides oft
strr: would mesa rive billboards per mule. NewEem,
North Carolina, -:spend an ordinance In 1980 that provides
an example of a mearuagfttl spaens requirese -
doaan f. Outdoor savcrdstng sa'ucarra shall be !ocaud
Z= feet apart measnrod in all dU=otu-
■ NYobiilboardthouldexceed :Jfeerinhe&orMsquare
feet to size. The new mooopole technology allows billboards
w soar to a great height. Jlamtnah billboards balanced on
single pole supports are obscuring scenery, all over
Ameria. It Is the enormous size and height of ttew
billboards that has `e:terarsd much of the growing outlay
againstbiUbcards. uperatittd at all. the largest billboards
r6Z-souse-root. painted builedwi should be restricted to
high-speed. limited-access ;tigbwgs. These liar- signs lie
simpiy out dwale and out of place along city streets and
rural roads. Furthermore. biil'ooards should pot be allowed
C to tower aye: the roo6 ofbuiidings.
Without going into de-411. s few other provisions that will
help control billbowds are: no billboard should be illuminated
at night d it is in view of art : aside-:: no billboard should be
stacked ove: or placed neat to am other billboard: no billboard
should be pc= ud at am bridge c.-miag or situated in a wsty
that impairs pay scenic vista.
Loped Opposition
Nnea you propose a siga ordinance. Piped opposidoa. The
billboard industry rottanely opposes ail maninSAd regulation.
The industry employs lobbylsts, lawyers, public relati-v
ezpe.-% and others to oppose control at tM federal. state, and
local levels.
At the local Ievel. the Industry uses a set of standard tacdos to
• oppose rcguiation. Industry este:ssives am trained In
techniques for We4ting regulation. Typal tactics Include r
generous contributions topoUdW andidates: donating
billboard space to charitable organiztdons, which are then
asked to testify against re ulatloat demanding the
establishment of eslga committee' to take power away from
planners: and packing public hearings veldt Industry
employees. • •
•
Alrxst nothing will destroy the distinctive charwa of a
community fitter thsn uncorusolled signs and billboards. New
technology. aggressive tactics. and weak gaernmxnt controls
nve all contributed to a proliferationofbiUboar& but
hundreds of communities are acting to ckaa up the clutter.
For additionai information on any aspect of billboard and
sign control. eonoct the Coaliuoa for Scenic 8aury, 218 D
St.. S. E.. Washington. DC :000?. :0_•316.1100.
• •
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Nu ,
ONING -PLANNING
LAW REPORT
~WWMW■■■I~i■
February, 1983
Vol. 6, No. 2
THE METROMEDIA IMPACT
By Clan Ctawitud, Jr. dot th lry council,
Clan Crawford, !P hirtkoeic district tom +ur+s o ++and r~ablerardne hoe has dNt pRhe arrhor of a
;oning board of appeals,
number of books and numerous articles on various uptr" at ran)ne and has lectured errenslvtly on (he
subject.
• Aesthetles InrreWagly Upbraid as a • New Deebioas ON Ship
Valid Poke Power Purpose Billboard Controb
• Solkitude foe Noocrsrarrserclal
Advertisinj under the First
Amendment
i$anlm4o, 9on the subject of sign and blliboardr oar ols. Although he San lDr go ign regul regulations of Issue
in that cast weft overturned at tnvaU, and although the Corn there failtd, due to a multiplicity of con-Wdu favortnlarhe effortsia/ rrairr 10 iptak with
r to drat with probtlems~ billboard b fW and. encore
generaity, to bile Ail? ,ontng powers for the purpau of enhancing the vUstal btaury of their communi-
yra u ^ edthr thd.t-
ties. lst ardelf" Mr.~r attention t how the Metromedia dat+lonrAW infl
sine rho rhos date. sh linl pa ~r
lnj here of state and lower federal tour".)
Introduction in my ea
In Metromedia , Inc, v. City of San Diego, 453 U.S. The details of thu ~WOa ~ mid » 4 y Uer artick, -The Metromedia US a:
490, US. 10 1 S. Cc 2882, 69 Ed. 2d 800 (1981), the
INO AND PLA.N"o LAw RitoiLi 1 550 (Sep~-
d sign aDd billbo" feg t -
Supreme Court a
• iations of the City of San San Di -go to be ur.•oatititutionai• bet, 1981)• • •
( Zonin{andPlanninQLaw Report Is publMedeleven imaper yearbyClark BoardtnsnCompany, Lid.
435 Hudson Svcs, New York. NY MOW SubscripW: S77 r eleven imm.
O 1983 by Ciask Bardfrun Company. Ltd. . ISSNO613113
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1
•
•
Because there were five opinions and no majority basis for sign contro:s in City Of Lake Wales v- Lama,
opinion, and because Justices who agreed upon the Advertising Assts, 414 So. 2d 103(Fla. 1982)..
result used different and conliicting -tasoning, there Florida 7s Fifth District Court of Appeals
was a lot of misinformation in the press. San Diego lar ruling in Lamar-Orlando Outdoor Advertising v. •
ost because its ordinance was held invalid. How- City of Ormond Beach, 415 So. 2d 1312 (1982).
. rer, seven of the Justices agreed, is effect, to the Metromedia r Supermark~f Inc. LY.~dale Board of Ad•
following propositions: fustmenb 183 N.J. Super. 285. 443 A.2d 1082
1. A desire to promote environmental aesthetics is s (1982), upheld denial of a variance to erect ten signs
sufficient basis for use of the police power to on the front of a store where the ordinance allowed
control signs only one. In upholding the validity of the ordinance,
2. if a municipality determines that a sign control the court cited Metromedia and stated that enhance-
ordinance promotes traffic safety, it is not required ment of the appearance of a community is a valid
to offer proof of that fact in court. basis for an ordinance.
3. It is lawful to make a distinction between on- Mttromedia was relied on by the Supreme Court of
premise and off premise signs in an ordinance. Georgia in Gouge v. Sneliville, - Ga. 287 S•E.2d
4, A sign control ordinance is not void simply be- 539 (1982), when it held that aesthetics was a WE-
cause it may put sign companies out of businem cient basis for an ordinance forbidding structures in
5. An ordinance is not unlav%lully discriminatory front yards, where applied to require the removal of
merely because it permits noncommercial and for- a satellite television antenna.
bids commercial messages on a sign. In Dills v. City of Marietta. 674 F.2d 1377 (11 to
6. An ordinance is not unlawfully overbroad sim- Cir 1982), a federal court of appeals rejected an
ply because it bans all off-premise commercial argument that aesthetes provided a suicient basis for
messages. the ordinance. The city attempted to rely on Merro-
For further details, and a model ordinance designed media, but the court rejected this reliance, since the
to take full advantage of the Metromedia decision to ordinance did not state or otherwise indicate that it
eliminate off premise billboards, the reader is retersed was
it was adopted tefor nded t to saf guard life, public health, •
to the earner er ankle' and welfare."
A large volume of sign control litigation is tur• property rently in the courts, and the repotted decisions citing In cases involving First Amendment claims,
aft
Mttromedia are growing in number. Eighteen of thetc regulation has received a couple of setbxks.
them are discussed below. Although most of them See Southern New Jersey Newspapers v State of New
seem to strengthen the hand of those who would mote Jersey, 542 F. Supp. 413 (D.N.J. 1982) and Ta.t•
strictly control signs, a number of them point to sig. Merl for Vincent Y. Members of the City Council of
nificant limitations on the constitutionality of some Los Angeles, 682 F.2d 847 (9th Ca. 1982), both of
kinds of control and stress the mcessity of very care- which are discussed mote fully eowBrennan in . In b~Mrss s,
ful drafting of sign ordinances to meet the require- tthee "concurring" red ofoc pinion
proposition that the ju etro-
ments which the courts have imposed. iron of an ordinance on the grounds of aesthete re-
Aesthetics as a Proper Police Power PwV M quires proof of the connection between the aesthetic
the
The Supreme Court of New Mexico, citing Mttro- regulation ton impSosed and the pbbitwelfUe the court
media, has joined the strong trend in the higher Jersey courts of the states in holding that aesthetics, alone, does not believe that simply uttering the
words ses• '
may provide the necessary relationship between an thetics or appearance should magically tIkviate any
exercise of the police power and the public welfare need tot evidence connecting the regulation to
and will justify a sign control measure, See Temple state interest, particularly where fully protected
Amendment inttrests are at stake" In evaluating
Baptist Church v. City of Albuquerque, _ N.NS•
• •
646 P.2d 565 (1982). The court also ruled that the these decis'toos, it should be noted that the view
• fact that certain signs were given preference with re- Justice Brennan was concurred in only by Justice
spect to size, height and number did not render the Blackmun. The other Justices would permit a legisla-
ordinance void where the distinction was not based that lark of a sign accept n and act likely to ~ eyopinion
upon content.
The Supreme Court of Florida, reversing its earlier In Metromedia. Inc. Y. Mayor 6 City Council of
decision in Sunad Y. City of Sarasota, 122 So. 2d 611 Baltimore, 535 F. Supp. 1193 (D. Md. 1982), where
(Fla. 1960), has held that aesthetics Is a sufficient an ordinance vtas held void because of Its suppression
98
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of most noncommercial messages, following Alrtro• signs is valid. See also the City of Lake Wales and
media v. City of San Diego, supra, the court rather Lamar-Orlando Outdoor Advertising taus, supra, for
plainly implied that, in view of the various aesthetic similar holdings from Florida. Metromedia was cited
regulations in the ordinance and an affidavit establish- in all of these cases.
C ing that it was based on aesthetic and traffic coasid- A statutory distinction between on- and off-premLse
rations, the ordinance might be constitutionally re- signs was upheld by the Supreme Court of Minnesota
paired by simply amending it to make it applicable in Stare Y. Hopf, 323 N.W.2d 746 (Mina. 1982).
only to commercial messages. Metromedia, Inc. v. Mayor & City Council of
Baltimore, supra, upset an ordinance prohibiting oli
Traffic Safety as a Basis for Sign Control premix signs in an urban renewal area, but the dirs.
The Singer Supermarkets decision in New Jersey tincdon between on- and off-premise signs was not
and the Temple Baptist Church decision in New -entral to the decision.
Mexico, discussed above, also included endorse.aents
of the view of seven Justices in Metromedia that a The First Amendment Problem
sign ordinance based upon traffic safety considerations In light of Metromedia, it appears that many, per.
will not be set aside merely because the municipality haps most, municipal sign ordinances are in danger of
fails to submit proof that the regulations operate to invalidation on the ground that they unlawfully inter-
prevent accidents. This view is based upon the fact fere with F-ust Amendment rights. However, it also
that, over the years, studies as to whether signs cause appears that by careful redrafting, they can usually be
dangerous distraction of driven have reached different brought up to constitutional standards without seri-
conclusions. Under these circumstances, it seems logi• ously impairing their ability to achieve the desired
cal to permit a legislative body to reach its own con. objective. The difficulty is caused by the high degree
clusio i without having to spend it lot of money toe of protection afforded to noncommercial speech by
another study which it can introduce as evidence in the First Amendment.
court. An extreme example is the Southern New Jersey
However. as in the case of aesthetics, some courts Newspapers case, supra Newspaper vending boxes
are still requiring proof and citing the Brennan view were held to be signs within the meaning of the state's
in Metromedia. Examples are the Southern New highway advertising act, because of the gigs upon
C Jersey Newspapers and Taxpayers for Vincent cases, them identifying the newspaper for sale within. How-
supra. ever, the New Jersey U.S. District Court held that the
In this regard, special mention should be made of act could not be applied to remove them because of
the Dills case, supro, wherein the Eleventh Circuit the First Amendment protection of the newspapers
Court of Appeals set aside an ordinance limiting per. inside. Even though the sign were clearly com-
mits for portable signs to 120 days. The city offered mercial, the First Amendment consideration took
proof that portable signs are more distracting than precedence.
others because motorists get used to permanent signs Taxpayers for Vincent, supro, concerned an ordi-
and ignore them, but that their attentions are drawn nance prohibiting all signs on sidewalks, crosswalks,
to something new. The court said that the city had utilitypoles, fire alum fixtures, hydrants, trees shrubs,
proved too much, finding that the )Dryer it sign re- fire alarm futures, etc. The Ninth Circuit Court of
mans, the less the hazard. Thus, it concluded that the Appeals, in a suit brought by a political candidate and
120day limit did not serve to advance the govern- a company In the business of printing and posting
mental interest of promoting traffic safety. signs (or candidates, set the ordinate aside. It
Cases like Dills are avoided by municipalities that pointed out that the plaintiffs sought to post sign
require adequate setbacks for signs and have maxi. only cross wires of utility poles, or other places
mum sign area limits sufficiently oreist t in in use strict of so that le signs s where they would not interfere with the normal
sh lost interest
under those c re conditions, portable sign tioning of the public objeets involved.' The tour
unde called the ordu,aace overbroad, and said that a less -
• The On•Preralm/Off•Premise Dbttactfoa drastic omgnx ee would accomplish the legitimate ~ • •
In Maurice Callahan A Sore, Inc. Y. Outdoor Ad• public purpose, It acknowledged that a measure for.
vermising Board, - Mass. App. 427 N.E.2d 23 bidding signs on trees and shrubs, or obscuring trakle
• (1981), the court upheld denial of applications to sigma and signals, hydrants, or the line of sight of
renew permits udder a by-law forbidding virtually all motorists would be lawful, turd suggested that the city
off-premix signs. Metromedia was cited for the prop. might regulate size, design and coostruc6m and im-
osition that : Waal ban on commercial off-premise pose cleaaup or removal requirements.
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Special Consideration Required for As in Metromedia, a distinction in the treatment of
NoncomrnercisrlSlgns on- and off-premise signs which had the result of per.
The real problem that many communities currently mitting commercial signs in places where some non-
face is that their sign control ordinances were drafted commercial signs were forbidden resulted in invalida-
ithout sufficient attention being given to the effect tion of an ordinance in Norton Outdoor Advertising,
)ore noncommercial or nonprofit advertisers, e.g.. Inc. v. Village of Arlington Heights, 69 Ohio St. 2d
political, religious or charitable organizations or mes- 539, 433 N.E.2d 198 (1982). The ordinance here
-sages, which, under Metromedia, are entitled to cer- was adopted way back in 1967. Had the village kgis-
ialn First Amendment protection. Of course, non- lators of that early era foreseen Metromedia, they
commercial signs are not the major cause of the would, no doubt, have forbidden only commercial
problems that lead to sign regulation, and most of off-premise signs. See also Metromedia, Inc. v. Mayor
those who post such signs are not likely to bring ex. do City Council of Baltimore, supra.
pensive lawsuits. Nevertheless, this was the downfall In Syracuse Savings Bank v. Town of DtWirr, 56
of the San Diego sign ordinance which was set aside N.Y.2d 671, 451 N.Y.S.2d 713, 436 N.E.2d 1315
in Metromedia, since it appears that the ordinance (1982), it was held that business and commercial
would have been upheld except for the fact that, read enterprises who showed no adequate interest in non-
very technically, it prohibited many noncommercial commercial speech lacked standing to challenge a sign
signs in places where commercial signs were allowed. ordinance on the ground that it invaded First Amend-
The Supreme Court sent the case back to the Califor- ment rights respecting noncommercial speech. See
nia Supreme Court with the suggestion that it consider also City of Lakewood, supre, in which it was deter-
~whether the ordinance might be saved by construing mined that the plaintiffs had standing to bring some,
it to apply only to commercial signs. However, the but not all of their claims.
Supreme Court of California, on remand, concluded in sum, none of the cases cited in this article contra-
that applying such a construction would not be fair dirt the opinions of most of the Metromedia Justices
and reasonable in view of the content and purpose of that there is nothing inherently wrong with making
the ordinance, and would necessarily constitute a ju- ordinance distinctions between signs with commercial
dicial amendment of the legislative intent, See Metro- messages and those with noncommercial messages.
" medla, Inc. v, City of San Diego, 32 Cal, 3d 47, 185 The only problem is to avoid the trap of using such
( 'al. Rptr. 260, 649 P,2d 902 (1982). Thus, the a scheme of classification in a way that favors some
San Diego city council was left to amend the ordi- commercial messages over some noncommercial ma•
nance to remove the constitutionally objectionable saga or creates restrictions on some, but not all, non-
aspects in such a manner as it might consider commercial messages.
appropriate.
Although only four of the U.S. Supreme Court Miscellaneous Decislous
Jv. tires in Metromedia based their disapproval of the Since commercial speech enjoys limited First
San Diego ordinance on its infringement of First Amendment protection, a statute banning the adver-
s Amendment rights of noncommercial advertisers, tisement of alcoholic beverages, not only on signs, but
their reasoning was employed by the Supreme Court also on radio and television, In newspapers, etc. was
of Colorado in City of Lakewood v. Col!ax Unlimited held invalid by the U.S. District Court in Lamar Out.
Assn, Inc., -Colo, 634 P.2d 52 (1981), to set door Advertising v. Mississippl State Tar Comm'n,
aside a sign ordinance because of various kinds of 539 F. Supp. 817 (S.D. Miss. 1982).
't dMirictions made between different kinds of non- In Suffolk Outdoor Advertising Co. Y. Town of
commercial signs. For example, the ordinance ex- Southampton, 88 A•D,2d 601, 449 N.Y.S.2d 766 f
empted "political signs" from certain regulations, and (1982), a New York appellate court ruled that
i defined them as signs "advertising or promoting a Metromedia did not require reconsideration of a prior
` candidate, political party, ballot Issue or political issue decision which had upheld a denial of extension of
jo be voted upon in any public, election," The court, the amortization periods applicable to two billboards.
• after careful study, observed that the exemption did In Syracuse Savings Bank v Town of DeWitt, _
not apply to political messages that were not to be supra, the New York Court of Appeals upheld a sum- • •
voted on and found this discrimination objectionable. mmy judgment against an attack on the validity of a
The court did, however, say that different treatment sign ordinance. It held that the ordinance was not
Cf different kinds of noncommercial signs might be Invalid on its face just because it contained a nearly
..,,a alid if properly justified, thus suggesting that the rea. total proscription of free-standing signs, regulated wall
sons for granting exemptions be recited In the ordi. signs is to site and height, and created a four-year and
• nance or otherwise establishe& nine-month amortization period for nonconforming
100
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signs. It ruled that the plaintiffs had failed to make concerns lawful activity and is not misleading. A re-
a sufficient showing of deprivation of rights from the striction on otherwise protected commercial speech is
practical application of the ordinance to require an valid only if it (2) seeks to implement a substantial
evidentiary hearing. governmental interest, (3) directly advances that in-
C In H & H Operations, Inc. v. City of Peachtree, terem, and (4) reaches no Urtber than necessary to
Ga. 293 S.E.2d 867 (1981), an ordinance accomplish the given objective."
forbidding the display of prices on gas station signs
was set aside by the Supreme Court of Georgia on Suggestions for Litigation
the ground that it did not advance any substantial The pleadings of the municipal attorney should
governmental interest. recite the purposes of the ordinance end refer to the
sections where they are set fottk The pleadings
Suggestions for Ordinance Drafting should assert that there are abundant other oppor-
The foregoing cases contain many noteworthy cau- tunitits to advertise or propagandize and list them.
tions. The first is that the purpose or purposes of a Where aesthetics is the basis of the ordinance, it
sign control ordinance should be recited therein. should be clalmO. that it is part of an overall plan to
Some courts, as in Dills, supra, are not inclined to protect the appearance oC the community, attract tour-
accept the after-the-fact rationalizations of the mu- ists and business, and defend property values, and
nicipal attorney. Care should be exercised to assure relevant otherelements of the plan should be set forth.
that the listed purpose is actually advanced by the Do not neglect the community enhancement pro-
regulations imposed, Where the ordinance is based grams and activities of private organizations.
upon aesthetics, it might be a good idea to attempt to When it comes to trial, liberal use should br made
connect the sign controls with other measures that the of photos showing eyesores which the ordinance seeks
municipality is employing to improve its appearance. to eliminate, and of pictures showing the adequacy of
In some cases, this might take the form of a deter- permitted signs and the placeswhere sigasareallowed.
mination that the ordinance complements an urban Conclusion
renewal district ordinance, solid waste disposal pro- The l8 cases reviewed above show that Morro-
gram, historic district ordinance, anti-litaterd media has become a useful landmark in gaining efec-
nance, downtown development plan or whatever is
ectinent. five control over signs with commercial messages, and
The ordinance should recite that the regulations that the rule that aesthetics is, in and of itseht, a suffr-
which it contains are determined to be the least bur- cient basis for sign !egulatiom continues w spread.
densome regulations that will carry out the stated The wisdom of a sign control strategy that concen-
purpose. trates on the commercial signs and regulates other
Where the ordinance contains exceptions, it would with the greatest of caution is also evidtot,
seem sensible to state the reasons therefor. RECENT CASES
The greatest care, akin to avoiding conflict with the
rule against perpetuities when preparing a will or trust Mt. Larel ff: New Jersey Rewkm and Expass&
declaration, should be taken to assure that there are Doctrlae Against Fschtdonsey Z.soLng
no circumstances under which commercial signs are Eight years ago, in Southern Burlington County
permitted when noncommercial signs are excluded. NAACP Y. Townshlp of Mr, Laurel, 67 N.J. 151, 336
Unexplained differences in the treatment of different
kinds of noncommercial signs must also be carefully ZONING AND PLANNING
avoided. City of Lakewood, supra, shows the din- LAW REPORT
ger of leaving the slightest opening for a charge of Pa," Aka L Mona
/
discrimination, fliw4n-Chk/: rmtin D. Fncllhk J.D.
Sometimes the best way to avoid the trap is simply &ftuv: Fredrk A. S:roe 1 D.
to insert the word "commercial" in the description of Cam oibullml wkv: tkalamts Gan"
the prohibited signs. A"irmwWwrr Naaeg 3. Cbavmaa
•
• When a tentative draft of the sign ordinance is Publi6ad at New tart, Naw Yorlt aaeatNr aaeapt In
complete, it should be reviewed with special reference A'swal sunk swrda ms compaey, Ltd.
to the rules, approved in Metromedia, that were ear- 431 Hahn Stress
lies set forth in Central Hudson v. Public Service NOW Yore, New Port 10014
Comm'n, 447 U.S. 557, IO0 S. Ct, 2343, 65 L. Ed, Subaatptica rats, 1" far atavaa host
2d 341 (1980), as follows: "(1) the FInt Amend- IUN 0161411). Conri& O 1013 N curs Boards"
ment protects commercial speech only if that speecb Cowpaay, Ltd. An rtsbts Maarva4 Frww k USA
101
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A.2d 113 (1975), the Supreme Court of New Jer- prime farmlands, conservation areas, certain coastal
sey enunciated this country's most activist judicial zones, and so forth. subjtctlvelm
Policy against exclusionary zoning. Under this policy, Second, the decision eliminates the c. v Township
Avetopers and/or low-income Persons were suppos- derived from Oakwood at
Madison, Inc. v. y enabled to go into court and obtain judicial re. of Madison, 72 N.J. 481, 371 A.2d 1192 (1977), of
uef against exclusionary zoning practices, such as whether a municipality has made "good faith" at.
large-lot requirements, prohibitions on mobile homes, tempts to meet low-cost housing needs. Rather, the
and so forth. so that low. and moderate-income hous• objective test of whether a municipality has in fm
ing might be built throughout the state and, partku- provided a "realistic opportunity" for "least cost
Iarly, in those developing suburbs which had thereto- housing" shall be applied,
fore used their land use controls to keep out all but In conjunction with the above, a plaintiffs burden
the wealthiest of newcomers, of proof is eased. For example, plaintiffs will not be
In the years since then, however, the policy-al- required to prove a precise number of housing units
though it has produced considerable litigation-has constituting a municipality's "fair share" of regional
proved difficult to implement. Further, it has been housing needs. Rather, it showing by a plaintiff that
observed that little, if any, low-income housing in new a zoning ordinance is "substantially affected by re-
locations has actually occurred as a result thereof. strictive devices" will establish a presumption that the
Obstacles to implementatioi of the policy have in- ordinance is invalid. In rebuttal, a municipality must
eluded, inter afia, the high costs and tong delay of prove that it has provided the required "realistic op•
plaintiffs' litigation, burdens of proof placed on plain- portunity" for "least cost" housing. Where, due to
tiffs, judicial exemp'.ion of older and developed corn- economic conditions, the mere removal of unneees.
munities from the policy's requirements, and the re- sasy zoning restrictions is not sufficient for lower.
luctance of lower courts to award site-specific relief income units to be built. municipalities may further
to successful plaintiffs. In early 1980, the Supreme be required to undertake affirmative measures to get
Court of New Jersey announced a grant of review in such lsousi,ug constructed-for example, by requiring
six consolidated exclusionary zoning cases, to reexam- mandatory set-asides (i.e., use of ioclusionary ion-
ine the original policy and, if reaffirmed, to develop ling), by granting lower-income density bonuses, and
C tore efficient means of implementation. After long by cooperating fully with developers in their puma
,clay, the Supreme Court of New Jersey, on Jan- of federal housing subsidies. Furthermore, construc.
uary 20, 1983, issued its opinion, a 247-page opus, tion of mobile hones must be allowed, except where
in the consolidated appeals. Southern Burlington amaicipali hian pr
AV 51 US.L.W. 2454 (1983). ve that "sound planning" re-
County NAACP v. Township of Mi. Laurel, - NT q Finally, ceortain remedies and procedure are ant`
-
The new decision, already dubbed Mt. Laurel 11, lished to enforce swifter compliance. All exclusion-
continues the court's activist posture and reaffirms the ary zonng litigation will be assigned to one of three
policy's original basis on state constitutional grounds: judges, each of whom shall be responsibk for a par.
to wit, that all land use authority resides In the state tieular area of the state. All contessed issues are to be
and that that authority, though delegated through en- resolved prior to appeal and broad remedial powers
abling laws to local municipalities continua to be are encouraged, including the use of court-appointed
subject to the requirement that it be exercised for the masters, grants of site-specific "builder's remedles,"
benefit of all citizens of the state. The novel features and the courts' retention of continuing supervisor)'
• of the decision are in the thew burdens of proof, jurisdiction over implementaton of orders.
proced,ires and standards promulgated, which are In deference to the other side, du decisloa also i
intended to produce speed:cr and more effective provides that no municipality should be "suddenly '
remedies. and radically transformed" by the forced introdoctim
First, the decision eliminata status as a "develop of tow-income housing under the policy and cleat,
L,
ing community" as a criterion for the obligation to where necessary, implementation may be phased in
• meet lower-income housing needs. Rather, reference over a period of years. Furthermore, a municipality • •
will be made to whether a municipality is shown as which is found to be in compliance with Mt Laurel
a "growth area" on the State Development Guide dictates shall thereafter be protected from further el'
Plan, as prepared by the Division of State and Re- clusionary zoning challenges for a period of six Years.
gional Planning pursuant to statute, Excluded thereby The Mr, Laurel 11 decision will be the subject Of
from housing opportunity requirements ate lands further commentary In forthcoming issues of 7ArnW1
where the state plans to discourage growth, such as AND PLANNING LAW RzrotT.
102
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Commentary'(Billboards, Aesthetics, Ihat the ordinanceviolated the First Amendment .The adver-
1d the First Amendment: tisers were then granted review by the U.S. Supreme Court,
The Five Opinions of Metromedia
Municipal Sign Regulation The Court produced five separate opinions in Metromedia,
After Metromedia no more than four justices agreeing on anyone view of the
case. In addition to the four-member plurality opinion by
By Ahn Weinstein' Justice White, there was a concurring opinion by justice
Brennan {joined by Justice Blackmun) and separate dissent-
ing opinions by Justices Steve.•s and Rehnquist and Chief
In Metromedia, Inc, o. City of San fa'ego, 453 U.S. 490 Justice Burger. The inability of a majority of the Court to
(1981), 33 ZD 238, the U.S. Supreme Court, although agree on why the San Diego ordinance was Invalid made
sharply divided, held that states and municipalities could the case difficult to understand and left a number of Impor-
regulate signs and billboards to reduce traffic hazards and tent urtrtsdvtd Issues for lower courts to interpret.
improve a community's appearance, but cautioned that Justice Wfdtesplurality opinion disdnguishedbetweenthe
regulations which imposed too many restrictions on pro- effects of the ordinance on commercial and noncommercial
tected First Amendment rights to freedom of speech would speech, For its Impact on commercial speech, the ordinance
be struck down. The nine Supreme Court justices wrote five was judged on the basis of a four-part test first announced
separate opinions in Metromedia, struggling to find a work. by the Court In Central Hudson v. Public Service Commis-
abk accommodation between free speech guarantees and the lion, 447 U.S. 557 (1980)! Under Central Hudson:
deference normally granted to a municipality's exercise of a Commercial speech Is protected by the First Amendment
the police power.' This article, after considering the opin- only If it concerns lawful activity and l: not misleading.
ions written in Metromedia, focuses on the cases that have This was not an Issue in Metromedia.
relied on that decision to judge the val city of state and ■ The governmental Irterest served by the ordinance must
municipal sign/billboard regufatioru, seeking to gain a bet- be substantial. The plurality readily found San Diego s
ter understanding of Metromedia by analyzing its applica. twain goals-traffic safety and the appearance of the
tion by state and federal courts, city-to be substantial govemmental interests.
Metromedia ■ The Court then must determine whether the regulation
to 1972, the city of San Diego adopted an ordinance that directly advances the governmental "rest asserted. The
reed all off-site "outdoor advertising displays," but per- advertisers had argued that San Diego should be required
Cited on-site signs and signs falling within 12 specified to prove there was a connection between billboards and
categories.' The stated purpose of the ordinance was "to traffic safety. The plurality rejected their claim, finding
eliminate hazards to pedestrians and motorists brought that a legislative judgment that billboards are traffic has-
about by distracting sign displays" and "to preserve and ards, based on the legislatures observation that the pur-
Improve the appearance of the City." Outdoor advertising pose of billboards is bo distract a drivers attention, is not
companies sued In state court to enjoin enforcement of the manifestly unreasonable and should not be set aside. In
ordinance, charging that It would eliminate their light of conflicting scientific evidence on the issue, no
businesses-a charge that the city later agreed was accurate. proof is rueded other than 'the accumulated, comrtwn-
The trial court held that the ordinance was unconstitu- tense judgments of local lawmakers and of the many
tional and the California Court of Appeal affirmed, but these reviewing courts that billboards are real and substantial
courts were reversed by the California Supreme Court? It hazards to traffic safety.' The plurality reached a similar
held that the two purposes of the ordinance were within the result with respect to the city's aesthetic Interests, recog-
city's legitimate interests and that the ordinance was a proper sizing that 'hillboards by their very nature, wherever
application of the city's zoning power to promote public
safety and welfare. The court rejected the advertisers claim 4, The UA Supreme Court in a 1941 ate, Valentine it Chresrenserr,
• 316 U.S. M (19411. announced that 'the Cnrutitvtim imposes no...ns-
W a t Niinstein is t profess" of taw at Torero CoUgt Schooi of Law and mina on government " reop"tspurdy comaurcial alvertbing. 316 U.S.
author of no f'ernergmn of Nuisance Lae in fnvfronmenul Ungan'on, ON. Over the bat 30 ytar4 the Cam dowfy moved away frwa Its dt&
which appeared in the March Ime of LULhM don in Valmrlra, ArAng that eomawrdal speed could have some pest '
Amendmtnl protoctlon k particular cireuaat rim
1. Muntcipaitties are gentrany fm to place reasooable'V new dace, or A aumber of eeparate wee dedded In lbw cr,14M 70a established the
manner- nswctiorv on signs-suds as wbadc nqutremenu-but pmbb Courri narew views on du Marina dgnn of Ant Amadmnd prow,
tens may occur in lod" whether en or&"= Inertly mi uta as the'Emt, tioa for tsatmadal and notaommer" speed Is 114VIOaa a VigLti . 411
place, or mame of speed or err pmrJrrbly regulate speech content. Slone Us. M (14151. a we krwA4etg newspaper admtiw a4 of obottloe sere- _
almost any rtrpu)ation other than a total ben may be construed as a lime, km the Court nJed that commercial activity could not Justify narwAus
• plea, or rot + tr'resbkdorc courts look behind the recitation d these wads of Ant Ameadmfnt protacttat. En Virginia State gooif of Phhowwy % • •
to search for regulations that address conunt " others.tw improperly Vk*` lr Grit" Commw?y C040" 415 US. 7" (1%6), the cowt'trench
lnfrinat m protecud tp"& dower a sutute proNutuha advertbe g by but sated dart elwne
is a 'mmahaa atsw' ddttetrho bsthetea speed. whkh ww4d mW%v
J 3, San gepo Ordinance No. 10795 Riew Serin), enacted Mardi 14, the fud extent of eentteuda al pro tct;^ and eamametai speech. wNdh
C Among the 11 atempted ategorSes t ern. dgru males by or for soya- regveea a 'dfGnau dgree of protaNaa.'
I rdal regulation, h4to" plaques, "Wow symbe}4 foe eeWrml siSm This &Antion beeweea the diffesew 6 m of pro*doe. wWk swan
and urnporazy political elves precbtly ddined, dtarly all" temawedal V"cle a more limited rrwa-
oum of ptrk
3. Merromsdi,t. Inc P. Culy of San Dtga 610 pfd 60'7 (Cat. 2M). lavmperralsabft If a act ohppliemd a8 b rhwtng hahcoaaw speech. nee enrdrJ speec a ways that would M
h
4 August 1984 Land Use Law
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Oil
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Commentary
Ixated and however constructed, can be perceived as city officials the right-before approving a billboard-to
C 'esthetic harm'"s determine whether the proposed message Is commercial or
■ The restriction should be no more extensive than is noncommercial, presents a real danger of curtailing
necessary to serve the substantial go~vrnmental interests noncommercial speech in the guise of regulating commer-
assertcd The plurality argued that since the city had clal speech'4
shom.n a suf(icient basis for believing that billboards are Chief Justice Burger's vehement dissent assailed the Court's
traffic hazards and unattractive, tl'.e most direct and effec- invalidating the ordinance as 'bizarre' and'[r]eWg on sim.
tisc tray to solve these problems is to ban billboards, Since plistk platitudes.' Burger felt the ruling left cities to choose
the ordinance did not totally ban billboards-it permit- between two unsatisfactory options: '(a) allowing all 'non-
ted all on-site commercial signs and exempted 12 other commercial' signs, no matter how many, how dangerous, or
categories from the ordinance-San Diego had clearly how damaging to the environment; or (b) forbidding signs
Some no further than necessary In seeking to achieve its altogether." Burger, by contrast, saw no reason to invalidate
goats, a city's effort to restrict "these traffic hazards and eyesores*
The plurality's Central Hudson analysis also noted the disc simply because, in exercising rational legislative judgment,
it has chosen to permit a narrow class of signs that meet spe-
tinctton in the ordinance between off-site (prohibited) and vial needs In his view, the San Diego ordinance did not
on-site (permitted) commercial signs, and agreed that a attempt to 'suppress any particular point of view or any
munility may and tcie public h reasonably conclude that both businesses category of messages nor did the regulation of bill-
and the public have a stronger Interest In identifying boil- boards infringe on freedom of expression, given the wide
nets location and advertising th services avail range of alternative media available.
able there than the municipality his as In In regulating signs. The e Both the Burger and Stevens dissents criticized the plurality
plurality thet found that the San Diego ordinance met for focusing its attention on the exceptions in the ordinance
efore the constitutioonna al requirements of Central Hudson for and thus, somewhat ironically, concluding that "the
regulating commercial speech. ordinance is an unconstitutional abridgment of speech
The plurality took a different view of the restrictions o because it does not abridge enough speech.' Stevens agreed
noncommercial speech. Beaus the ordinance permitted on- - with Brennan and Blackmun that the potential effect of the
site commercial signs, but prohibited on-site hoer pro real San Diego ordinance would be the elimination crf outdoor Ditto signs, Sanmercciaial l messages ani gave
g to iven noncogreatsmmercial met- advertising billboards. Therefore, he believed the principal
to comsagees s than it t gav for certain question presented by this case is whether a city may pro-
C sages. The exemptions d the ordinance
constitutional problems ms s because noncomit- hibit this medium of communication. It may, Stevens says,
meni al
signs also posed arguing that the billboard ban is permissible because there noncom allowed the city to distinguish between various the plu mu- is not even a hint
of bias or censorship In the citVs actions
vis signs depending on fume content. Further, the plurality and because there is no reason to believe that the market
reje ected San Diego's argument that the ordinance was n or remaining open for communication is inadequate.
of the more than a reasonable regulation -site plan, or In a short dissent, Justice Rehnquist, agreeing substantially
manse{ of speech because it bannned off-site billboards with the opinions voiced by the Chief Justice and Justice
entirely and distinguished between ght signs by looking Stevens, made two additional observations. First, he stated
at the content of the speech: Was the e sign commercial or an that aesthetics alone is sufficient to sustain alegislative pro-
exempted noncommercial sign? hibition on billboards and disagreed with justice Brennans
Justice Brennan, with whom Justice Blackmun joined, call for cities to offer proof to reviewing courts of the con-
colution d buwth i, the plurality in i finding the ordinance unwed nection between a billboard ban and aesthetic Improvement,
the practical effect of theiordinan ids as ousa eliminate bill- Second, he termed the Court's treatment of the subject to
the boards altogether. effect of the ordinance was to eliminate - be'a virtual Tower of Babel, from which no definitiveprin-
boas altogether. For Brennan, such a total ban on a ciples can be clearly drawn.'
medium of mmmuniotion-outdoor advertising billboards;
• -requires >rt analysis different from that used by the plural. The Effect of Metromedfa's QpWons
ity. Instead of relying an the exceptions to tnu ban to Invali- While considerably short of 'definitive principles," certain
date the ordinance, Brennan found the ordinance defedive propositions could be gleaned from the five Metromedia
because the city had failed to provide adequate Justification opWors:
for such substantial restriction on protected speech. WiXt ,Aesthetic considerations art by themselves a sufficient
agreeing with the substantiality of the ciao interest traffic basis Eon an exercise of the police power to regulate slgrs
safety, Brennan noted that the city failed to provide o evddence and billboards.
demonstrating that billboards actually impair traffic safety and b a municipality determines that billboards are
• billboards San Diego. The city also failed to scow that removal of as M "traffic hazards and eyesores,' it need not offer tvkkm • •
l from the commercial and industrial aces of San to support those findings In court (Bran and Black-
Dingo would improve the appearance of those areas suffi-
ciently to Justify the Intrusion on protected speech. mun disagree).
C Brennan and Blackmun also disagreed with the plurality's ]roman quesdoned how city effidals would deal with the fello%,
view that an ordinance totally banning commercial bill- trawtesdbtiboardsindeddwMhkhtmeb Z1eAr++bsUb°"d
boards, but allowing noncommercial balboar&, would be n&& "Vii Jois Us Crtaan5hoppl5 the 7astoeGesm
constitutional. Such an ord'nnance, they argued, by giving uf"oeh'deb~ P`9~'&~'
that datry produce ~ you, PUM ahOP
S. us Us, at sou-slo. Od twrtk -104 s.» to *rPW dairy Pry agvo a they r-ma law" Prim
for yes at his atieppe.' W US. at sm.
Land Use Law August 1984
•
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Commentary
C • A municipality may distinguish between on-site and off. Ice company, Candidates Outdoor Graphics Service, to
site signs. produce and post on utility poles 15 X 44 Inch cardboard
■ A municipality may prohibit off-site commercial bill- signs reading: 'Rol" Vincent-City Council' Posting signs
boards. on public property was prohibited by the municipal code;
■ Noncommercial signs may not be regulated more strin- accordingly, city street maintenance employees routinely
gently than commercial signs, removed all signs attached to utility poles and other objects
Two other critical islues are far less clear: covered by the ordinance, Including the Vincent signs.
The Vincent supporters and the sign company challenged
■ 'The difference between commercial and noncommercial the ban. The federal district court upheld the city's position,
signs remains difficult to disarm, a point strongly empha- but the Ninth Circuit U.S. Court of Appeals reversed, declar-
sized in justice Brennan's opinion. hig the ordinance unconstitutional? Citing Brennuis con-
■ It is not clear whether a majority of the Court would curnng opinion In Metromedia, the Ninth Circuit ruled that
uphold a total ban on all billboards, both commercial and the city had failed to show that its asserted interests in aes-
noncommercial. The dissenting Justices would clearly thetks and minimizing traffic hazards were substantial
enough a total ban. Justices Brennan and Blackmun, while Property, to warrant total ban o posting signs on public
to support a total ban would subject the murdc•
seeming a prohibition that the Ninth Circuit believed rem 1pality to a test to strict that few cilia are likely to pus dered the ordinance presumptively unconstitutional
beaux
sig
muster: proof that a sufficiently substantial governmental n ees a First Amendment issues were Involved. Los
interest is directly furthered by the total ban, and proof Angeles appealed to the U.S. Supreme Court,
that no more narrowly drawn restriction would promote Writing for the majority of the Court, Justice Stevens
the achievement of that goal as well as a total ban. The acknowledged that the ordinance raised a First Amendment
plurality opinion appears Internally contradictory on the Issue, but disagreed with the Ninth Circuit's finding that the
total ban question, It Implies that all billboards may be ordinance should be presumed Invalid. Stevens noted that
banned: "Insofar as the city tolerates brllboards at all, it no one claimed the city used the ordinance to suppress cer-
cannot choose to limit their content to commercial roes- tain idea or that it was applied in anything but an even-
sages ; but then states that although they do not indi- handed manner, absent any hint of bias or censorship. Any
ate whethersuch a ban would be permissible, there were regulation that is neutral as to the content of speech will be
constitutional problemscreated by a total prohibition of justified, Stevens noted, if it is within the constitutional
a particular txprwivt forum (live entertainment) In Schad power of the government, if it furthers a substantial govern-
v. Borough o Mt. Ephraim, 452 U.S. 61 (1981), 33 ZD ment Interest that is unrelated to the suppression of free
754. Chief Justice Burger Interpreted this latter statement expression, and if any incidental restriction on freedom of
as a not-too-subtle hint that the plurality would strike e,:; ression Is no greater than accessary to accomplish the
down a total ban on all signs, government interest. This standard of review for a content-
neutral regulation was stated in Unitedsfaw V. O'Brien, 391
Developments in Sign Control Since Metromedia U.S. 367 (1968).
Earlier this year, the U.S. Supreme Court announced its opin- In this case, Stevens argued, there was no dispute that it
ion in City Council ofLos Angeles v. Taxpayers for Vincent was within the constitutional power of the city to attempt
(Vincent), 52 U.S.L.W. 4594 (May 15, 1984), upholding a Los to Improve its appearance and that this interest is basically
Angeles ordinance banning the posting of signs on public unrelated to the suppression of Ideas. Further, just as in
property. Vincent, the first Supreme Court pronouncement Metromedia, the city's aesthetic Interests were substantial
on sign control since Metromedia, Is one of approximately enough to justifya content-n eutralprohtbition against a'sub-
25 reported cases decided under the Metromedia ruling, On stantive evil": billboards In Metromedia; here 'the -Asual
the whole, these decisions favor municipal efforts to place assault on the citizens of Los Angeles presented by an
strict controls on signs to further aesthetic and other goats. accumulation of signs posted on public property.` This nar-
At the same time, Justice Brennariscall for strict court scru• rowed the Court's Inquiry to whethw the ordinance's effect
• tiny of government slgn regulations that raise First Amend- on expression was no greater than necessary to accomplish
ment issues-a plea he renews in Vincent-his been used the citys purpose.
by some courts to strike down ordinances that Intrude upon The majority answered this question in the affirmative, ,
freedom of speech to achieve questionable or unsubstantiated considering the ordinances incidental reserktion on expres-
government goals, sion justified as a reasonable regulation of the time, place,
or runner of expression. Citing the district court's findings
Vincent In Vincent, a majority of the Court held that a Los Angela that there w!Y ample alternative modes of communication i,
on public majority c Is rejected the uI that posting
' the of s public Los Angeles,
• ordinance prohibiting posting 1~ on pis pcoPe1tY po?ilial si on a uniquely valuable or • •
was constitutional. justice Stever opinion reaffirmed the important mode of communlation. While acknowledging
conclusion of a majority of the]us&" in Metromedia that that the Court has shown speeW concern for inexpensive
x city's aesthetic Interests were Adfidentlysubstantial to pro- forms of expression that are important to a ]urge segment
'de an acceptable Justification for a content-neutral prohl- of the public the majority noted that there were'practial
C .ition against a particular form of expression. boundaries- to such concern.
Roland Vincent was a candidate for election to the Los The majority also rejected arguments that the Ices Angeles
Angeles city council in 1979. A group of his supporters, 7.7arD.ywsJwVxats MrrnbnselCVa Cowell MS F24 With
Taxpayers for Vincent, contracted with ■ polities[ sign sere Qr. 19x21.
6 August 1964 Land Use Law
~I
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Commentary
ordinance was either underinclusive-because it failed to the First Amendment:
pply equally to all unattractive signs wherever located -or First, we would have a reasonably reliable Indication that it
could have been more narrowly written to lessen its effect is not the mrklent orcommuniative aspect of speech that the
on expression, again citing the rejection of similar claims government Fords unaesthetic Second, when a restriction of
in the Metromedia decision. speech is part of a comprehensive and seriously punned pro-
The majority concluded that the evidence in this cast gram to promote an aesthetic objective, we have a more reli-
established that the city had a sufficiently substantial able Indiction of the government's o•ra assessment of the
interest-aesthetics-to justify its 'content neutral, impar. substantialityof Its objective. And finally, when an aesthetic
%Wly administered prohibition against the posting of objective is pursued on more than ont front, we have a bet-
appellees temporary signs on public property and that such ter basis upon which to ascertain its precise nature and thereby
an a lication of the card manta dots not create an unaccepF determine whether the means selected are the kart restrictive
pp ones for achieving the objective. 32 U.S.I. W, at 4605.
able threat to the 'profound national commitment to the prin Applying his tau to this case, Brennan would require Los
ciple that debate on public issues should be uninhibited,
robust, and wide-open." (Citation omitted.) A.ngelestodemonstratethatitispursuingltsgoAofeliminat -
Justice Brermaris dissent, joined by justices Blackmun and Ing visual clutter In a serious and comprehensive manner.
Marshall, both tchots and amplifies his earlier call for strict Most Importantly, Los Angeles must show that It is pursu-
judicial strutinywhen government asserts aesthetic Interests Ing Its aesthetic objectives through programs other than its
to justify its regulation of forms of expression. Brennan ban on signs, that at least some of those programs do not
rejects the majority's view that the ordinance merely regu• restrict speech Cnd that the programs parallel the sign ban
later the 'time, place, or manner' of expression, claiming In their stringency, geographical scope, and aesthetic focus.
that 'signs posted on public property are doubtless'essen- In this use, however, there was no Indiation that the city
tial to the poorly financed causes of little people." (Citation had addressed its visual clutter problem In any way other
omitted.) Brennan finds that their prohibition constitutes a than by prohibiting the posting of signs. Therefore, justice
total ban on an Important medium of communication, Brennan would Invalidate the ordinance,
requiring the Court to 'examine with particular are the The Vincent an greatly clarifies the positions of the
justifications that the City proffers for its ban.' justices regarding municipal sign control regulations that
In such cases, the Court should first determine whether raise Ftnt Amendment issues, Six members of the Court will
the ordinance Is aimed at suppressing the content of speech, clearly defer to a keslative enactment that incidentally re-
and, if It Is, whether a compelling state Interest justifies stricts freedom of expression in pursuit of aesthetic objec-
C :he suppression. If the ordinance is neutral as to content, tivts, as tong as the municipality does not appear to be
judging speech on the basis of its content or restricting a form
Brennan agrees with the majority that the court's proper of expression for whkh there an no adequate altemativtO
task is to determine whether the governmental objective By conlnst the minorky view articulated by Justice Bren
advanced by the restriction is substantial, and whether the nan calls for strct scrutiny of any governmental restriction
restriction r no greater than is assented to further that objet- on speech justified on aesthetic grounds. Themirwrity would
toBut Brennan is askepVc&I of nalysis where a reviewing court's ability require cities to meet an objective standard of proof before
tundertake this analysis we a purely aesthetic objet- approving aesthetic regulations that restrict expression.
rive is asserted to justify a restriction on speech.
Brennan argues that aesthetic judgments are so subjective There hasbeen a substantial volume of municipal sign con-
that they raise problems for judicial review that are not trol litigation reported in the then years since the Metro-
presented bylawsdefendedonmore objectivegmunds,'such media decision. Although most of tht decislons generally
as national security, public health, or public safety.' Thus, support sign control efforts, there have been a number of
when aesthetics Is asserted to Justify restrktioro on expres- instanoes where courts have struck down ordinances because
sion, a court will Initially face substantial difficulties deter- of their Intrusion on freedom of expression. In the remainder
mining whether the actual objective Is related to the of this article, we will analyze these sign control decisions
suppression of speech. Brennan notes, for example, that In to see Mw the courts are applying Metromedia and com-
• this case, ins Angeles could be pursing either its stated ment on what changes (if any) the Vincent decision may
objective-elimination of "viwal clutter'-or a second product. Finally, we w01 use this catalysis to guide planners
objective-the elimination of the messages typlally carried seeking to regulate sign and billboards lawfully, i
by the signs. While the first objective is lawful, the second Using Aesthetics to Sustain Sign Controls /
clearly is not; yet the city, Brennan asserts, might easily musk Since Metromedia, there has been a marked actekratioa of
the second objective by simply asserting the first. the trend towards courtfupholding anetrciseoEthepolia
To address this concem. aesth and the others raised by the snores power based solely on aesthetics. In 1982 alone, the highest
ant subjectivity of f aesthetic judgments, Brennan proposes courts in Florida New Mexico and North Carolina all held
• a test for judging the legitimacy and substantiality of a that sign control measures could be Instituted solely for at*. • •
rmunicipality's aesthetic objectives: Courts should require - thetk purposes. The Supreme Court of Georgia relied on
municipality to demonstrate a sthetithat o is pursuing pursuing a c'omPre Meirorntdia to hold that atuhtti s done was t sufficient
of basis for an ordinance prohibiting structures in front yards,
hensive doing sopinrogramways of f that sth are etic unrelated to the and restriction n of
doing s
\ speech. Without such a demonstration, Brennan would US
Invalidate "aesthetic regulations that restrict expression. S. es• Inc a Taauk4 a/hVi,tgsaro cal
Brennan offers three reasons wiry this test would ensure 29 ZD 243. 1 Mea~ boa nt
uyott onnW be cruse a the Kk
that governmental regulation of aesthetics dots not violate C4 hoaw wen tutwtLfactary.
Land Use Law Auguni 1964 7
• < 0
•
•
_ - r
Commentary
in this cast, a satellite television antenna? In 1983, the It is doubtful that the decision would be upheld In light
C rkansas Supreme Court specifically noted "the strong trend' of the opinion in Vincent. Both casesinvolve content-neutral
mards justifying regulations for aesthetic purposes in regulations that seek to achieve aesthetic and traffic safety
upholding a comprehensive ordinance regulating signs, City objection. Both uses involve regulations that, as applied,
of Fayetteville v. Melfroy Hank & Trust Co., 647S.W.2d 439 restricted protected fours of expression: political signs and
(Ark. 1983), newspapers. Since Vincent held that there was no need for
The trend, while strong, is decidedly not universal. The government to demonstrate the connection between the regu-
Commonwealth Court of Pennsylvania reaffirmed that while lation and the objective it sought to achieve, it would appear
a municipality may include consideration of aesthetk fac- to overrule the finding of the court in Southern New Jersey
tors in the exercise of its zordng power,'ouT Supreme Court Newspapers that such proof is required."
has held that aesthetics cannot )testify zoning decisions.' Although Vincent makes clear that government need not
White Advertising Metro v, Zoning Hearing Bd., 453 A.2d demonstrate that sign controls will achieve an aesthetic ob)ec-
24 (Pa. Cmwlth.1982), 35ZD157.Ohlo similarly reaffirmed live, a federal Court of Appeals case, fills v. City of
that although aesthetics may be used as a basis For regula- Marietta, 674 F.2d 1377 (11th Cir. 1982), 34 ZD 204, points
lion where other factors artconsidered, It cannot alone sus- up the need for aesthetic objectives to be clearly stated.
tain an exercise of the police power. Norton Outdoor Marietta, Georgia, required the removal of portable signs
Advert sing v. Village of Arlington Hefghts, 433 N.E.2d 198 after a specified number of days. When challenged by Dills,
(Ohio 1982), 34 ZD 191. a sign supplier, the city argued that its regulations had been
A number of decisions have struck down sign controb on enacted to further traffic safety and aesthetk4. The court
First Amendment grounds where the regulations' aesthetic agreed that these were substantial government interests, but
objectives were deemed either insubstantial or wholly tuuub• found no support for the claim that city officials had been
stantiated by the court. Some of these decisions relied concerned about aesthetics when enacting the regulations,
strongly on the arguments advanced by justice Brennan in The court noted that the Marietta Sign Ordinance did not
Metromedia and must now be questioned in light of the mention aesthetics at all and Its statement of purpose was
Supreme Court's clear rejection of the Brennan position in so broad=to safeguard life, publk health, property and wel-
Vincent. The best example of the need to reconsider these fare --as to "frustrate judicial inquiry into the real pur-
lower court casts is, of course, the Vincent decision Itself, posts of a governmental entity In instituting a restriction on
where the Ninth Circuit had cited Justice Brennads concur- protected activity.' Since there was no record of an aesthetic
ring opinion in Metromedia to support its Invalidation of purpose underlying the ordinance, the court refused to accept
ie Los Angeles ordinance but was later overruled by a the city's after-the-fact daim that they considered portable
ralority of the U.S. Supreme Court. signs aesthetically displeasirtg)t It is doubtful that Vincent
Another cast requiring reconsideration Is Southern New would effect any change In this argument. Thus, while cities
Jersey Newspapers v. State of New Jersey, $42 F. Supp. 173 need not demonstrate thst their sign controls will achieve
(UN.J. I982). There, roadside newspaper vending machines their aesthetic objectives, they do need to Invoke aesthetics
nwt to be removed under authority of the states highwsy as a purpose for the regulation before enactment and should
advertising act "use they carried signs identifying the not rely on citing aesthetics as an after-the-fact Justification
newspapers for sale inside the machines. The court applied for a challenged ordinance.
the same standards used by the Supreme Court majority in
Vincent to test a content-neutral regulation: Thestatute must Traffic Safety as a justification for Sign Controls
further a substantial government Interest and must be nar- In Metromtdia, sewn Justices agreed that government did
row•ly drawn to avoid unnecessary Intrusion on freedom of not have to demorWrale a connection between sign controls
expression, The court readily found that the act's stated and traffic safety. As in the case of aesthetics, justices Brent-
purposes-traffic safety and aesthetic-are wortltwhile and nan and Blackmun disagreed. The majority'& New was based
substantial state goals, but, relying on Brennan's concurring upon the fact that studies of the effects of advertising signs
opinion in Metromedia for support, requ red the state to pro- on traffic safety have reached different conclusions. Under
vide adequate evidence that removing the newspaper vend- these c(rcumstances, the majority reasoned, courts should
• Ing machines would directly further the asserted state defer to legislative judgments.
interests in traffic safety and aesthetics. The evidence This view has been followed by a number of ststt and i
presented, photognphsof vending machines, could not meet federal courts?s But In three cases we discussed earlier, '
their test, In the court's view, the photographs showed the 10. Viment and Souekene Nm Ineq, Nrwptptr stu W anotMr bout ,
machines to be surrounded by so many other unsightly t)utwasesotdummed rrvlmWy.In both am thcaer]ufltngtrts tNrnto-
objects that it was not evident to the court that removal of cation daUned that public atrrtts cad si&wOu-0m location of t nth the
the machines 'will improve the appearance of each area to vv*bq p1aNrom and tM pditlW sigm-"xe 'pubtic k^mr+nd ow47
such an extent that the abridgment of First Amendment asptdd PoaldorL tAff*Mme` Irw,TitsrA kyinVOK"itz1ft*sh
digt 186. Accordingly, ad"wtecVre tha atneel vatdty of the D~ forum davlne' lornd ttut • •
rights is Justified." 342 FSupp• the court 0At immune t toiled kdHoutRy rewW opuston 1n a p.btk forwa'n
declared the highway advertising act unconstitutional as Iots as the eeEdattoa on speech b resionabie and not an effort to evp
applied to proht'bit the newspaper vending machines. p" exvns+ton merely beaoae pubtk ofik(.L oppose -A voiltees vine.'
C (diat4on emitted) 33 US L.W. at 4601.
9. See Cry of Lake N a to a lunar A<ver*tmg An ork No,% 414 Sand r t. Set alto Rhoda a CnoGautt County. 567 FSuPP. 30 Vn COL 19112L
1070 (Fla. 1981), 34 ZD 311; Tnaylt Sapt4t Church at City of Atbugwn 33 ZD 200.
quo 646 P]d W W.M. 190A North Carolina v. Jong, 290 S.E.2d 673
(N C 19811: Couts a City of Snelte(ite. ld7 SA,2d 339 (CA,19it2). 34 ZD 12. Set, for sample, TrovIt BWirt Csurch a City of Albu fueW.
201. 646 PJd Sal W.M. I9t1).
8 Augury 1934 Land Uses Low
•
•
Commentary
Southern New Jersey Newspapem Marietta, and Vincent plurality's reasoning has been used by a number of courts
(Ninth Circuit opinion), the courts looked to the Brennan that have upheld the legitimacy of the commer-
opinion in Me romedia to support a requii ement that govern- c'al /noncommercial distinction but struck down sign Tegu-
ment offer proof of the connection between traffic safety and Iations that favor commercial over noncommercial speech.
sign controls, In Vincent (Ninth Circuit), no proof was In Metromedia, Inc u Mayor of Baltimort, 533 F.Supp.
offered, while In Southrrn Nrm Jersey Nrmspapen and )193 (D. Md.1982), the ordinance, which tvu limited to one
Marietta, the court rejected the proof as Insufficient. area of the city, prohibited all off-site signs and permitted
The Marietta case illustrates the extent of court review. only those onaite signs that identified the occupant or use
The city ordinance there limited the display of portable signs of the building. The court found the ordinance Irwalid since
to no longer than 120 days. To prove the connection between It permitted a building owner or occupant to use a sign to
the ordinance and traffic safety, a city police officer testified Identify his premises but not to display his ideas or thou
that portable signs constitute a greater distraction to of others. In City of Antioch n. Candidates Outdoor Graphic
motorists than permanent signs because driven become Service, 557 F.Supp. 52 (N.D. Cal. 1982), 35 ZD 277, the
saustomed to permanent signs and ignore them while a port- court invalidated an ordinance that imposed a 60-day time
able sign indicated 'something-Probably a specfar and limit on political signs. The court, noting that such limits
drew attention. The court decided that the ordinance did not were not Imposed on 'temporary signs advertising upcom-
further the dWs interest In traffic safety beaus, based on ing commercial, charitable, or civic events,' found that the
the O'hoers testimony, the )2o-day limitation only exacer- city had impermissibly regulated temporary political signs
bated the distracting quality of portable signs. more stringently than temporary commercial signs. Similar
Traffic safety as a justification for sign regulation was only decisions have been handed down in Pennsylvania, Ohio,
tangentially mentioned by the U.S. Supreme Court In Vin- and New Jersry?e Because the Virtcent decision did not
cent; the majority opinion focused solely on the aesthetics Involve a d stinction between commercial and noncommer-
Issue. Given the majority's strong rejection of strict judicial cial signs-the Los Angeles ordinance banned all signs on
scrutiny of Itgislativt judgments negarding aesthetics, how- public property-it will have no effect on these cases.
ever, we an Infer that the Court would likewise reject the
level of judicial inquiry conducted by the Marietta court. On Conclusion and Gulddines for Planners
a practical level, the traffic safety Lvsue should not Influence The U.S. Supreme Court decisions In Mrtrornedw and Vin-
many decisions because the judgment will more likely turn cent, along with the substantial number of state and federal
C on the aesthetics issue. court decisions, clearly validate municipal efforts to address
aesthetic and traffic safety objectives through sign controls.
Distinctions Between On-Site and Off-Site Signs Planners must be cautious, however, when sign controls re-
Metromedla approved govemments distinguishing be- strict freedom of expression, distinguish among similar types
tween on-site and off-site signs In sign control regulations. of signs according to their content, or give most protection
The validity of such a distinction has been at issue in a num- to commercial than noncommercial signs. Further, despite
ber OF subsequent ass. The distinction has recently been the strong trend towards upholding aesthetic alone ass basis
approved by courts in Florida, North Carolins, Minnesota, foe an exercise of the police power, not all states follow this
Maryland, and Massrhu ettOThmedecisionsusuallynote rule and planners should ascertain the state of the law in
that there are practical and valid distinctions between the their own jurisdictions Wort basing an ordinance solely on
two kinds of signs, Justifying their separate classifications. aesthetic grounds.
Some courts have gone so far as to take judicial notice that For planners who want to elfminsn billboards (off site
off-site advertising Is more Intrusive and obnoxious than ore sigru) and regulate other signs, the cases suggest the Follow-
site advertising?' ing types of ordinance:
The on-six/off-site distinction was not an issue In the Vin- ■ Prohibit all off-site commercial signs;
cent case. While some courts have struck down municipal th of both ofE site twn-
sign ordinances that dirt ngulshed between on-si'e and off- a I gulatee the'sightimtt and or r msiteannef r of
all on- signs;
ommercial
• sate signs, the distinction itself was not the controlling fac- c
In these ases" It appears that the distinction does not ■ Avoid exceptions to the ordinance.
pose any problems in sign ordinances. Any such ordinance should clearly gate the purposes for ,
DistinctionsBttween Commercial and Noncommercial S*m which it has been enacted and might even note how the
The Metromedia plurality, while allowing San Diego to ordinance will assist In achieving thou purposes. If there
distinguish between commercial and noncommercial signs, are exceptions to the ordinance, the reasons for each Indivi-
dual exception should be clearly stated, with no 'laundry
would not uphold a sign strictly ordinance n that regulated noncoat Ifst' of exempt signs. lk absolutely stlre that the ordinance
• mercies] speech coon strictly than commercial speech, The does not have the effect of rtgulatirtg rsoncommmercial • •
13. See, for sample. Masufu Wahm & Sons % Okik4r Adontntnl ==r! ctly than COMMAIVfi] speech, at an easily
Board. u7 N.t 2d 21 (Man. App. wa). ban off-sin signs and raw" on-site signs
to Identification of the activity conducted on the premises.
( U. See ask cited to L 127, OrNoor Ado. Cans is G90a11, J le. See, for staple. Sover & perwArMs a, Zsntks Bo" of A09-
34 ZD ZD d 711. Brock us Sold d 3312 WX , 13717, it. IS 074. Dirt. Ct. App 190 etwtk 443 AAJ 1017 NJ. Super. AM 19821, H Zo 2"
11
15. See Cenral AdoertWnf Ca at St. loogh Town" 117 NAU IS
it+licl,. G. App• 19011.
Land Use Law August 1964 9
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16 ZD215--216 Judicial Decisions
ces, and a park with facilities for hire in the zoning ordinance was an exemp- ordinance itself was unconstitutionalbe-
:ite. tion for utilities. Because neither the fire cause it violated free speech and worked
ty facilities are onproperty zoned stationnoc the park's rental facilities quali. a taking of property without just com-
asidential, a classification that includes fled as a utility, the city owed the prop- pensatiom The lower court affirmed the
arks asa permitted use. The parking lot erty owner notice and an opportunity to decision of the board, and the company
or the park and for fire station vehides be heard on its proposed land use. Its appealed.
rontsthe developer's property. The area failure to do so violated his procedural
urrounding the developers property due process tights. Holding. Georgia's highest court ruled
as been developed primarily as office The court next addressed the prop- in favor of the board, The court said
pace and the road the property faces erty owner's claim that the changes In decisions of local agencies should not be
tas been expanded from two to four the use of the property surrounding his disturbed unless they act beyond their
apes. make the city's denial of his rezoning disaedonorarearbitrary AM capricious,
In 1978, the city's planning commis- request arbitrary. The court acknowl- After determining the board of zoning
ion prepared a study that contained edged that renovations and development adjustments based its deterrnlnation on
,olicy recommendations for the area, arechangedcircumstancesbutconcluded Advice from zoning and planning ex-
ncluding the developers property.The that they have not materially changed perts, the court concluded therewas ad-
tudy, which the city oftm referred to as the surrounding area to the point that equate evidence for the board to sake a
he Thomasville Road policy, recom- the city'senforcementofitszoningordi- fair decision. Thus, the court affirmed
nended that nonresidential use for this nances are arbitrary. the decision of theboard.
!rea be prohibited to preserve the char- Thecourtdid,however, conclude that Next the court addressed the lower
cter of nearby residential areas. The the city's ad hoc application of the court's dismissal of the case because the
ity can consider other factors orcircum- Thomasville Road policy to deny the advertising companyhadnot exhausted
tances when considering development property ownees rezoning request- its administrative remedies. Generally,
)roposals. while allowing the rezoning requests of the court noted, where a claim arises
Neither the recommendations nor the other property owners In the area-vio- from the effectof an ordinance on a par-
actors or circumstances were ever for- fated the owner's substantive due pro- titular piece of land, the owner may not
nallyadopted in any ordinance or reso- cessrights. Additionally, thepolicy,which seek a declaration that the ordinance is
ution by the city. Most of the develop- was never formally adoptedby the city, unconstitutional without first exhaust-
nentnear Lit developer's land hasbeen fails to provide any criteriaforgran"g Ingadminfstrativeremedies.Theretsno
ted by the city since the comple- exceptions, leaving its enforcement to exhaustion requir ment,however,when
the Thomasville Road study. The the discretion of the city commission. an ordinance is challenged as unconsti-
:ity, however, denied the developer's Because there tsnostandardAgainst which tutional on its fxe as in this case, the
equests to rezone his property, and he t ieasure the commission's actions, the court said. For this reason, the court re-
'ile-d suit in federal court. policy isvoidfor vagueness And violates manded the constitutional claims to the
the developer's substantive due process lower court for reconsideration.
Holding. The court ruled in favor of the rights, the court found.
woperty owner. The court first addressed
he property owner's claim that the city Redevelopment
riolatedhisdueprocess rightsbyfailing Signs and Billboards 46ZD216-Illinois
to give him notice and anopportu"y 46ZD215-Georgia
to be heard beforeconverting the park Plan to create tax increment district for
oropertyyinto nonresidential usesinvio- Denial of variance to advertising sparsely pulated area is invalid
lationofthecity's zoning code. Thecourt company is not arbitrary and under~lllllnols'Taxlnerement
noted at the outset that a Florida resi- capricious when thecompanybuflt Allocation Redevelopment Act when
lent has a interest in the uses prohibited billboard before receiving city falls to prove area Is'vacanl.'
property permWon. Revd-Custer Community tfninecliool
• of adjacent property that might devalue OS Advertising Ca of Ceorgfa V. Win, Dbfrkt v. City of Wgmfn an, Aypeffafe
his property. Suprenufaurtq(Owfieflu'ghalcourtl. Court of 111inotjfntrrmtdWecourt],Decm
To determine whether the city vio- Decidedfanuary 31,W4,4345.E.2d907 January 19,I994,625N.E.2d381 i
lated the owners due process rights, the
court first considered whether the city Facts. An advertising company erected Facts. In December 1990, the city passed
was bound by its own zoning ordinance. a 65-foot tall billboard 150 feet from on an ordinance creating a tax Irtcrement
Although some Florida cases have held Atlanta expressway before apppplying for redevelopmentplan for the 606-aae arts
that a government unit Is not bound by abuildingpermitandvariancehomman- of WillCourityknownasShadowLakes.
• its zoning ordinances when acting in a datory height"setbackrequirements. The Reed-Custer school district chat- • •
governmental, rather than a proprietary The city's zoning ordinance allows bill- lenged the p1mclalmirtg itdid notmeet
capacity, the state's supreme court had boards in this location if they sits mxl- the statutory requirements of the states
rested
rested itsintenttoeliminate thatdis• mum of 45 feet in height and atkasi300 Tax lnaemmtAllaeadonRedevelopmatt
observed the court feet from the expressway. Both the per- Act " illegally diverted tax revenues
'-geover,Florida's su remecourtsaid mit and the variance were denied. from Its taxing distrkts. At the time, a
zoning ordinances should reflect the city's On appeal, the advertising companyy sales office, beach house, 12 hoates, and
land-use variations before construction claimed lheAdanUboard ofzoningad- 62 trallerhomeswerelocatedatSludow
begins, Here, the only variation reflected justmertts acted arbitrarily andthe sign Lake. T}ucity claimed the am was 'va-
12 July 1994 Land Use Law
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49ZD14-15 Judicial Decisions
versd of one of its decisiom Clearly, a grandatherpro%ision,violates theFirst plan of the property showing the pro.
court would not be able to make such Amendment. posed improvements. The city council
an appeal. Because the bond of ad- The city violates the First Amend- approved the applicationand site plan
C justment was functioning in a quasi- mentin two ways, Wdthe court. First, with 15 conditions,includingnostruc-
judicial capacity, and was not a party itdrawsa distinctionbetween two types tural additions to the premises, archi-
to the proceedings, it cannot appeal of noncommercial speech: onsite and lecture of a Victorian mansion style,
the court's decisiom offsite messages. Only those noncom- and review of the final design and
The court also pointed out that state mercial signs related to the premiseson building plans by the Community De.
lawpprovidesforjudici'alreviewofboard which they stand, such as signsldenti• velopmentDepartment.Subsequently,
ofadjustmentdecisiomsandstatesthat fying nonprofit institutions, are pro- the developer submitted a revised site
the board shall not be a party to such tected. Signs carryingg political speech, plan, which enlarged the proposed
an action. Accordingly, the court dis- however,would not be protected, building and made other substantive
missed the appeal. The city claims that onsite signs are changes.
likely to be smaller and hence less ob- Alt}roughthedlycouncilnevervoted
jectionable than offsite signs, yet the on the revised site plan, the city's de-
Signs and Billboards ordinance does not address the aes- velopment department reviewed and
49ZD14-Massachusetts thetics issueor impose size restrictions approved the revised site plan. The
on all signs. Instead, itmakes a distinc- department claimed authority to act
Zoning ordinance violates First lion, in violation of the First Amend- on the basis that the city council had
Amendment when it requires ment, based on the type of noncom- imposed a condition requiring the
removal of oEf-ppremises mercial speech. structure's architecture to be a Victo-
noncommercialsignibutnoton- The ordinance also violates the First rianmansion st le.
premises noncommercial signs.
Ackrrley Amendment because it allows those After foundation and building per-
. Cmnmuniridje, U.S. ourt of lh, individuals hosesigns previously mils were issued based on the revised
lnc.a. City ofCamh fyye S. Court of Appeab,First Cfrnuitlintrrmediateraurtl, carried onsite messages the right to site plan, abutting property owners
Decided July 10, 2996,MF3d33 display noncommercial messages on challenged the issuance of both per-
nonconforming signs. The effect of mits. After the building inspector and
Facts. In a 1991 ordinance, Cambridge the provision is to give only com• board of appeals denied the requests,
imposed new restrictions on the height, mercialspeakers theoptionofchang- the property ownerappealod.Thetrial
C sire, location, and numberofsigns that ing their messages to noncommer- court held that neither permit was Is-
may displayed within the city. The or- cial. To provide one discrete group sued in violation of the terms of the
dinance creates four categories of signs preferential access to a medium of special permit or zoning ordinance.
that must be removedwithin four years, speech is at odds with the require-
including rooftop siggns and freestand- ments of the First Amendment, ob- Holding. The appeals court ruled
frig signsexceeding3Usquare feet. served the court, against the developer. The court de-
All of Ackerley Communications' The court noted that the city's ordi- tided that the original site plan's con-
noncommercial signs fall into one of nancewasrenderedcontent-basedand ditionsdid not allow thedevelopment
the categories. A state law, however, thusviolativeof the FirstAmendment departmenttoayprove therevised site
mandates"grandfather'proWtion for throaghtheoperationofthestategrand- plan's substantial changes, and, sppee-
aUnommnfonninguses,including signs, father clause. Although thecity ispow- cificaUy,theoriginal site plarip sl i-
excepi for those signs under the Fri - eritss to change the statute, it cannot bition of structural additions barred
diction of the state's outdooradvertis• require the removal of signs merely the depa rtme -it's actio ns.
ing board. Because the board regu- because the signs are not protected as The courtsaid that the size and loca-
lates only off-premises signs, only signs nonconforming uses by Ihestatute. tan of the proposed building on the
with onsitemessa es are protectedby property was an issue ofsubstancefor
the grandfather JAe se. The effect of the city council-ire deciding whether
• the ordinance comd withtheggrraand- Special Permits to Issue a discretionary special per-
father clause isthkerley'soff•pre- 49ZD15-Massachusetts mft-and for the abutting property
mises noncomml signs must be owners, who were required by law to
removedwhileomommercialsigru City development departmenthas receive notice of thepubli<hearingon
are allowed to re. no authority to Issue permits for a the special permit application.Theim-
AckerIechallenged the ordinance revised site plan Eorassisted living
y facilit that Includes an ex p provemenb' location on the site, their
when the cit ordit to remove its P size, round covers e, and dist.snces
si ns after the four-year nod. The faun ation and extemalattachments g g
g not art of on nal s eclat emit i ron. ]olines were of particular in.-
• district court denilief, finding that forsiiteplan. P P portancetotheneighboringproperty • the ordinanceperlydistinguishes Chamkrsn.Buifdix87ntpector,Appeab
owners, the court said.
between on and ite signs rather courtoo((MaswituutUlinfernWiaterouril, Given the absence of city council
than between comcial andnonmm- DecidedJuiy22,1996,667N.E2d895 approval of the revised site plan, the
mercial signs. Acy appealed. court found that the develops court
Facts. A developer applied for a spe- build only a structure that was In sub-
Holding. The coueversed, finding cial permit to build an assisted Uvtng stantial confomity with the original
thzt the ordinancoupled with the facility on its property, Including a site site plan. If the developer wanted to
14 January 1997 Land Use Law
t
•
Judicial Decisions 49ZD1-3
ristitutional Law ruled that using a table is not constitu- dition that the owner dedicate a strip of
C .D1-Alabama tionallyprotected free spee:h. pproperty-333 feet long and 55 feet deep
The district court relied on a num- (22 percent of the total property}-for
Although the placement of ber of newsrack cases in reaching its future expansion of the highway. The
newspaper newsrackson sidewalks decision. However, the courtsaid that owner ob)ected, but the board of direc-
is protected by FirslAmendment, the law governing the placement of tors refused to rezone without the dedi-
placement of tables on public newsracks should not be relied on to cation. The owner sued, and the trial
sidewalks fordistributronof evernwhat other structures mightbe cou-tdu^tissed. The owner appealed.
literature is not protected. g sidewalks, To do so
fnternationnlCaucus ofLabor CominhieesP. placed on public
City of Montgomery, U.S. Court of Appeals, would Ignore the special place news- Holding. The appeals court reversed,
El-titnthCirnnrfintamedioteconr1l, ppaapers and newsracks enjoy in U.S. finding dismissaI was inappropriate
DrcidrdJulyl7,1996,67F3dIM history and tradition. because there were not sufficient facts
The court also said that thecity should in the record to determine whether
Facts. The International Caucus of La- not have to defend its regulation of there was a relationship between the
bor Committees wrote a letter to thecity public sidewalks, The city should be condition and the impact of the pro-
explaining its desire to set up sidewalk allowed to regulate its sidewalks as pmsed rezoning.
tables from which it would distribute long as it does so in a content-neutral Staling that an unconstitutional tak•
literature. The city attorney responded and nondiscriminatory way And does ing would occur If the city simply re-
that such tables would be banned be. notdeny thepublic theuse of property uired dedication of the property in-
cause they would Impede pedestrian for its intended purpose. A challenger dependent of a rezoning, the court
tra ffic, in viola tion of local law. to the ba n can must bear the burden of reasoned that the tssueIs whether the
The caucus sued the city, claiming showing why this public property condition was a response to a l4ti-
that itspolicy violated theFirstAmend- should be burdened for private use, mate concern about the proposed re-
ment.The district court ruled thatplac• the court reasoned. Here, the caucus zoning or just an effort to extract a
ing tables on the sidewalkis protected hasnot met thisburden, concessk'LThecourt noted that there
by the First Amendment and that the Even if the placing of a table were was some evidence that the city was
ban fails the time, place, and manner entitled to First Amendment protec- concerned about the land being used
test. The court enjoined the ban's tn- tion, the court said, the burden would for a different, high-traffic business if
ement, and the city Appealed. be on the caucus toshow that the table it were rezoned.
was necessary to the exercise of its free
(tolding. A divided court reversed In speech rights as a threshold matter.
favorofthecity.Asapseliminarymat- Here, although a table would be con- Signs and Billboards
ter, the appeals court ruled that al- venient, the caucus's message could 49ZD3-Arkansas
though not expressed as an ordinance, be heard without it. Accordingly, the
the letter from the city constituted a court reversed. Statehlghwayandtransportation
fixed policy that would be enforced by depuiment can look behind city's
the city's police. Accordingly, the cau• motives in annexutgg and zoning
cus was entitled to a ruling, DedlCatlOnsandFees land for comine rcialuseandmay
The First Amendment Is not impli• deny permit for billboardwhenland
rated by a ban against placing table. 49 ZD 2 --Arkaruas Iszoned coeunercial merely to erect
on ublic sidewalks, the court said, Courtcannot properlydismisslakin billboards.
p Fiksro.ArkanusSmteHigkraryand
Although distributing literature Is a claimrelatedlorezoning conditioned TransportarionDepvrtment,SuprewCourf
type of speech protected by the First on dedication oflandforhighway clArkmmPdgWcourt),DrcitfedJulyg,
Amendment, the Supreme Court has expansion without assessing 1996, 915 S.Wu404
never addressed whether the use of a relationship between condition and
Impact of proposed rezoning
portable table on a public sidewalk is Goss v. City of Little Rack US. Court of Facts Shortly after it approved the an
also protected. The Seventh Circuit has Appeals, FighrhCircubtinferlnediateeourej, nexation of a Wacre parcel along en r
Derided July 23,f996,90Fad3% Interstate highway, the city of Brinkley '
Case abstracts arenumtxrredconsecutively zoned theprope yhlghwagcommer-
throughout each volume of the Digest, Facts. The owner of a 3.7-sae parcel cial. A few months later, Kirk Files,
beglnningwithho.l.-iheheading foreach adjoining a state highway has oiler- Inc., bought the land and applied to
abstract contains the Zo number, the state ated a convenience store, gas station, the state highway department for a
• in w Mch the cue arose, and the maim sub- Laundromat, and car wash on the pre- permit to place abillboard on the laud. • -
yect heading. The headingg is followed by a mises since he bought the property in The department dented the penrdt for
brief description of the decisbry the corn- 1971. In 1965 the property was annexed two reasorm T1te sip site was not kr
plete case name, the court and the level of and classified, by default, as a single- cited onleadproperlyzoned uraderhigh-
'court(triaLiniermediste,hlghest),and districf way
cnvtmissiott"regulations,aMthecity
date of t decision. When the West family residence
citation is available, this also is The owner continued to operate as a vioiatcd federal and state policy
fortlte
alas court docket number ls nonconforming use, but apparently r+odngAM zocttn8the
pro rd&
given. As additional West Reporter cita- needed to obtain rezoningtoclose asale purpose oftrettingsignsattd
lions are received, they are listed in the of the property. The planning commis- A hearing officer upheld the denial
December Issue of the Digest. sion recommended rezoning on the con- as did the circuit court Resappesled.
Land Use Lew January 1997 7
a•
211-1
•
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49ZD4-5 Judicial Decisions
Holding. The court affirmed in favor encourages local governments to pass In addition, the court noted that the
of thetransportation deppaartment. Files ordinances permitting second units In owner occupancy requirement is re-
first claimed that the hearing officer residential zones where they would quired by the state statute in order to
should not have looked at the city's not otherwise be allowed. avoid speculation on residential prop-
motivation in the zoning designation. Subsection (c) of the statute allows ernes that can make housing less af-
To support his claim, Files pointed to local governments to ban second resi- fordable, to prevent the disadvantages
an Arkansas sta tu te stating that'noth- dential units in these areas only if cer- of absentee ownership, and to preserve
Ing shall prohibit... outdoor advertis- tainfindings are made. Local govern- residential neighborhood character. The
ing signs . , . within those areas mentsnot pass'ingsuch ordinancesare court therefore upheld the owner oc-
zonedindustrial orcommercial"(Acre requhedunder subsection (b)togrant cupancycondition.
STAv.Aw.§27.74.204(1994)). conditionalusepermitsforsecondunuts One judge disagreed with the
The court note) that although the that meet certain statutory require- majority's conclusion on the basis of that
statute cited by Files does not define ments. judge'sinterpretadonofthestatute.
"commercial activity," highway depart- The Sounheins applied for a permit
ment rules define "commercial activ- to build a second unit on their prop-
ity" as excluding "outdoor advertis- erty which was located inanareazoned HOUSfng
ing." Thus, the department need not for duplexes but which failed to sat-. 49W5-California
giveeffect to the city's zoning designa- isfy certain lot regulations. The
lion if it zoned the property conmer- Sounheins successfully challenged a California's Mello Act imposes
cial only for the purposes of allowing city ordinance banning second unitac- mandatory duty on cities to replace
outdoor advertising. cessory units undersecfion658522(c), unitsforlow- andmoderate-Income
reside
In Ord er for the departmen t to make and the city was ordered to process residents. Virnke that determination, itmwtbeallowed their application as aconditional use
AnSengeles,7o•,anCafiforrania is Court Covet o ofCity afLos
lA Appee
to look at the propriety of the city's permit pursuant to subsection (b). fintermedm7eeourthDecidrdJuly31,1996,
ordinance. Inthfscase,statedlhecourt, The city approved the conditional ssfel.Rptr2d465
the department properly looked be- usepermit subject toanumber ofcon-
hind theordinance. ditions,including requiring theowner Facts. The Mello Act applies tocondo-
The court also found that substan- andanysubsequentownersoftheprop miniumconversions, demolitions,new
tial evidence supported the hearing erty to occupy either of the two dwell- construction, conversions to non-resi-
officer's conclusion thatthezoning was ings on the property. The Sounheins dential uses, and new residential de-
enacted for the purpose of allowing objected to the owner-occupancy con- velopments in coastal zones. Among
outdoor signs. Theland adjacent to the di tions, and the court denied their pe- other things, the act provides that lo-
proposed site was zoned commercial tition.They appealed. cal governments 'sh"'requirereplace-
and had billboards on it but was used meet housing as a condition to grant-
as farmland. Some of theproperly had Holding. The court affirmed, uphold- ing a permit to demolish or convert
beer. commercially zonedformorethan ing theconditioru.Section 6W22states housingunitsoccupledby)ow-ormod-
"years and still had no commercial that 'no additional standards... shall erate-income people.
development. be utilized... except that A local agency Replacement units may be built on
Additionally, there were no plans may require an applicant for a [rondi- the same site, elsewhere In the coastal
for dedicated access or services by the tional use permit] to be an owner-oc. zone, orwithin three milesofthecoastal
city. Files acknowledged that he was cupant,'TheSounheinsclaim that this zone, whichever is most feasiblx.There
In the billboard business and had no language means only that the appli- are circumstances under which the re-
f planstocommerciallydeveloptheprop- cantforasecondunit need beanowner- placement requirement is subject to a
erty.Inlightofthisevidence,thecourt occupant and that subsequent owners finding that replacement is 'feasble,'
found substantial support forthebear- are not bound by theowneroccupant including conversions or demolitions
Ingoffrcees decision, conditions. The court found that this of single-familyunits,duplexes,ormul-
• was not an unreasonable interpreta- tifamily structures with fewer than 10
Hon, but did not further the statutory units and conversions or demolitions
Accessory Uses purpose of increasing the housingsup- of residential units being replaced by '
49ZD4-California ply while maintaining the character coastaldeentorcoutalrelaleduses.
imosition of owner-Deco andstabilityofexistingneighborhoods. Theactalso requires new construction
City's , P Pant Moreover, observed the court, condi- to include affordable housing.
require ment as condition f or tionat use mvtsa re related to the use
accessory dwelling unit permit In 1942 Los Angeles adopted a for-
• appplies not only to applicant, butto of property, not an individual As such, mal policy directing the plannln de- •
subsequentowners. they must rurtwith theland. After not- partmenttorequire oaefor-oner e.
Sounhim v. Cityof San Dimas, Crlifornia ing that communities can regulate land meat to Implement the act. In 1 3 the
CourlofAppeal lintermeliatecourt), Derided use but not land users, the court said city approved an application to con-
~J futy29,1996,55CalApIr2d290 that the owner-oceupancyrequtrement vertthretgroundfloorresidentialunits
{ is a permissible character of the t
rop. of an apartment bur7d ng In Ventre to
Facts. In an effort to Increase the hous- erty as owner oocupted" rather being an commer I use, based on fuudinggss that
ing supply, the California legislature impermissible character of an applicant residential use o I the u nits, which abut
passed LGovt. Coot:§f5S52.2,which asanowaer•occupant the boardwalk, was no longer feasible
8 January 1997 Land Use law
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Judicial Decisions
e ing that an area is blighted before mercial. The case was remanded to fore improper. The court reversed the
r, reliminary plan Is prepared for t UDOT, which Issued an order on re- summary judgment and remanded for
ea. The RDA did not comply a mand that the property was disquali- trial for a determination of the primary
rt explained, because it pr red fled for outdoor advertising because purpose for the zoning decisiom
a ih reliminary redeveloppme plan the county's zoning change was for The court determined that the suc-
e in vember 1992, but di of for. the, Primary purpose of outdoor ad- cessor lessee was bound by UDOT's
mall) 'nd that theredevelo entarea verccing. UDOT sent a notice to the order on remand because he was a
9 was b led until Marc , 1993. Be- successor lessee that the permits were successor assignee of the prior lessee's
causeth ringofbligh yInvolve revoked and ordered their removal. interests, but that the order applied
s eminent air, the r evelopment The successor lessee did not Intervene only to the county's-and not the
e agency m ascert sped ically or appeal thatorder. town's-zoning, which was the Issue
I whether an what ent blight ex- Later that year, the property was in this case.
fists in a surv at The court said annexed by an adjacent town, which And, even if the signs are found to
this is why the ature requires a retained the highway commercial zon- be located in a valid commercial or
i redevelopmenta tyto make it for- ing.WhenthesuccessorlesseeApplied Industrial zone, the court said they are
mal finding tha t t exists be fore it for renewal permits for the signs,UD.~T i still illegal and subject to removal be-
I developsapla eblight.Thus, denied the application, and thelessec cause thelesseehadnot obtainedvalid
the court hel hat the inancewas sued. The trial court granted summary permits forthem. When UDOTdenied
invalid. judgment for the lessee, and UDOT hls renewal permits, the lessee never
t The co eldthat] o was not appealed, exhausted his administrative remedies.
entitl a de novojudicial ewof As it result, the courts do not have
the b' t finding because th ctual Holding. The apppeals court reversed jurisdiction.
find' occurredafterjohnson's P- ihesummaryjudgmentandremanded
er ad been excluded from the a the case for a trial. The Outdoor Ad-
vertising Act permits outdoor adver- Waste Disposal
Si ns and Billboards tising In a commercial or industrial 48 ZD334 -Washington
8 zone, the court observed, but estab•
48ZD333-Utah lishes that a commercial or Indus- Environmental Impact statement for i
trial zone isnot an area zoned for the private landfill [%adequate because
Rezoning from agriculture to it discusses alternatives and because
'm erciallidwhei primary primary ertng"ofallowingoutdoor additionalanalysis..arh- done
urpose is to make land 8 durinii; constructio,c and operating
~illboardpermit under state The court held that outdoor adver- permitting phases. t
Outdoor Advertising Act. tising is not limited to areas outside organimlionto PrnerreAgrkufturalUnds r
Kunz&CO.P.Stole, Court of Appeals of incorporated cities and towns, but Is r.AdainsCounty, SuprmreCourtof
i
Utah fintennediateeourtf,DecidedMarch prohibited In any location zoned for Wa.Ju'ngtoniklghestcourtf,DecidedMarch
14,1996, 9I3 P.Lf 765 the primary purpose of alloi+ing out- 28, 913 P2d 793 i
door advertising. Although a commer- 1
Facts. The owner of property adjacent cial or industrial area in a city, or town Facts. In 1991, Waste Management of
to an interstate highway applied to the need not have commercial develop- Washington applied to the county for t
county for a zoning change from agri- ment to satisfy the statute, the court an unclassified use permit for a solid
cultural to highway commercial. noted that allr•wingoutdoor advertis- waste land fill and rteccyyclingfacilitythat t
fore the rezoning occurred, the prop- ing In areas without other area bust- would receive waste from several stales I
erty owner leased his property to an nessesorhighwayserviceswould vio- and Canada. The company prepareds c
1 outdoor advertising company for the late the act'sessential purposes.These 340-pa a environmental impact state- c
purpose of placing and maintaining are the promotion of the convenience meet (EIS). The county Issued a final I
billboards on the property, and enjoyment of public travel, the EIS in 1993 and, while the permit ap- t
• The property owner and the lessee protection of the public Investment in plicationwubeingprocessed,worked '
applied for permits to construct three hi hways,thepreservationoftheratu- on the development of a comprehen- t
billboards, certifying that the signs were rat scenic beauty of bordering lands, save solid waste management plan. c
in full compliance with the Outdoor and theassurance thatinforn-ationfor WasteMana ementwantedtheproject
Advertising Act and that theproperty the travelingpublicispresentedsafely includedintheplan.
was zoned commercial. The OUtahh De- and effectively. After several hearings, the board of t
partment of Transportation (UDOT) Furthermore, when determining the commissioners voted 2-to-ltoapprove c
granted thepermitsand the siggnrtsswere primary purpose of zoning, the court thepermit,subjedtoamitigationagree- c
• erected. UDOTlaternotifedtheless" ruled thatall relevant evidence mustbe ment. The Organization to Preserve e G •
that the property was not zoned com- considered, and not dust thestated pur• Agricultural Lands (OPAL) sued. The c
mercial, revoked the permits, and or- pose of the zoning body or local gov- trlalcourt affirmed the board's actions, t
dered the Immediate removal of the emment. Because there was conMetiag and OPAL appealed tothestate'shigh- r
J ns. The lessee appealed. evidence about the primary purpose of est court
C NhiletheAppeal waspending,the the town's zoning,tiecourt heldthaIs c
lessor sold Ms company, And the county genuine issue of material fact existed Holding. The highest court affirmed c
rezoned the property to highway com- and that summaryjudgment was there. In favor of the county. The EIS was I
I
r
ZONING kno dLANNING
C
LAW REPORT
11 11 ■ r
A .111,.
Vol, 17, No. 2 February 1994
COMPENSATION FOR BILLBOARD REMOVALIN
EMINENT DOMAIN PROCEEDINGS
by Charles F. Floyd
Charles F. Floyd is Professor of Real Estate at the University of Georgia He has assisted a mumbtr of
states and local governments In sign control and billboard valuation cases.
( Compensation vs. Rtlocatlon ENpenses a DerinJng the Compensable Interest
• Validity of Appraisal Approaches
(in this article, Professor Floyd discusses the type andamounrof compensation due outdoor advtrrWAI
companies when the land under their billboards is taken for highway improvements. Are billboards
personal property eligible only for relocation espenstr or are they real property? How should any
damages be measured?)
Billboard Valuation Issues wanted to get rid of, the compensation issue generated
The amount of compensation that should be paid out. litile opposition from the outdoor advertising industry.
door advertising companies when their billboards must be In recent years, however, it has becw.e Lmewingly
removed for a highway widening or other pubUc project necessuyforstatesandother governments seeking towiden
has become a matter of increasing contention in anent highways to acquire additional rights-of-way. This has fm-
yews. 17tis issue first became a matter of imporunce to g~~ yb outdoor lo s that we considered ry
appraisers and public officials following the passage of compensation due has been vigorously contested. Specifi-
the Highway Beautification Act in 1965. Although over cally billboard companies contend they should be paid for
5200 million has been spent to remove run-conforming alleged losses in business income, not just relocation ex•
signs under that program, almost all of these billboards penses or the actual value of their signs,
were acquired through voluntary negotiated purchases This article analysis several issues involved in com-
• using sign rcplacementcost schedules, Since the billboard pensation for the removal of outdoor advertising bUl- •
/ companies generally were being paid for signs they boards-
Zoning and Planning Lew' Report
is published by Clark Boardman Callaghan, M Hudson Stmt, New York, NY 10011. ISSN 0161-gill
TtlMklfw MM/9'+twM Ka+IMWhIe,4a.eY4mlrw Nrpr/YM~~MwsFFM I~tl1.MMr-ll.fe/~^II ftpwtw rYAl /iWMtd WWWW -
M7 !ce W~+:+{ r 0ar 004*:aW W im R byr 0e0H a ~ e.w n "swam k nµ04 N wlkw M Os.rMlr eM00'~ NuOM M wYyc-10r01I1MYMn 11 1+~1'
lOOWelrl LwynGOel ftA 0'~ar Uw[ri r4a C*n "10 Leis.
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•
I. An oilitxurdv rea; pfopenl or p.nonal property ' thatonl) applied iopenorul property. The Internal Rev e-
2. Are outdoor advertising companies entitled to nue Service contended the signs were real property, and
compensation for their property under the Uni• therefore, ineligible for the tax cn:&L but the Court of
form Relocation Ac4oramthey Iimitedtoreloca• Claims agreed with the outdoor advertising companies
tionexpensesplustiny bonus value of tneirgrcund that the billboards were personal property. (Alabama
leasehold? Displays, Inc. v. Unlud Stares, 507 F.2d 844 (1974).
3. Must cash compensation be paid for billboards HarionalAdverrisLrg Co. Y. UniredSrarrs, 507 F.2d 850
removed under the Highway Beautifncadon Act? (1974).]
4. What is the outdoor advertising company's com• The Uniform Relocation Act
pensable interest? What is the period of that inter-
est? The question of whether billboards located on leased
5. Are income approaches to valuation valid for the land should be considered as fixtures or as personal
appraisal of outdoor advertising signs? property was complicated by the passage of the Unifxm
Relocation Assistance and Real Property Acquisition
Policies Act of 1970. (42 U.S.C. 14601.) As we will see,
Are Billboards Real Property or Personal Property? the Act provided relocation expenses for billboards, but
The question of whether billboards are real property nothing more. However, misinterpretation of the section
or personal property is the most crucial issue in billboard dealing with compensation for real property located on
valuation. If billboards are real property, then compensa- 1sasedland has led to erroneous determinations in several
don equal to their value is required when the underlying courts that outdoor advertising signs must be treated as
fee is acquired in an eminent domain action. On the other real property under the Act.
hand, if billboards are personal property, then only the During the course ofcongressionalhearings, thepresi•
payment of relocation expenses plus any bonus value of dent of the Outdoor Advertising Association of America
the ground leasehold is required under the Uniform Re- asked that relocation expenses be paid to outdoor adver-
location Assistance and Real Property Acquisition Poli• tising companies forced to move their signs. The industry
cies Act. earlier had been granted relocation expenses under the
Billboards are almost always located on sites secured Housing Act of 1949, but the Federal Highway Admin•
through relatively short-term ground leases. The leases istration ruled that under the Federal Aid Highway Act
commonly slate that signs located on the property ere of 1968, relocation of billboards does not entitle an
personal property trade fixtures. Other leases do not outdoor advertising company to relocation expenses be.
specifically state that the billboards are trade fixtures or cause the headquarters of the company is not located at
personal property, but they almost always state that the the billboard site. In the Uniform Relocation Act, Con•
signs remain the property of the outdoor advertising gross responded to the industry's pleas and gave them
company and can be removed at the expiration of the what they were asking for. Outdoor advertising signs
kase. This ckarly shows the intent that the signs are not were specifically designated as a "business' eligible for
permanently attached to the land. relocation expenses, but not for other compensation. As
Case law on the question of whether billboards are real Senator hfuskie stated on the floor of the Senate:. 'The
property or personal property cannot be neatly separated outdoor advertising business is helped to the extent of
into precise categories, but generally has involved prop- making it eligible for actual moving costs and no more."
erty tax or investment tax credit issues. (Congressional Record 111, 23872 (1963).) The Senate
Relying on the particular provisions of their state's Committee Report stated that `A payment made for
revenue laws or the peculiar conditions of an unusual moviingan outdoor advenlAngdisplayislimiiedioactual
lease, courts in a few states have ruled that billboards expenses incurred in waving the display, and no otter."
• should be taxed as real property underpfoperty tax laws. [Uniform Relocations Ar4ttence and land Acquisition
[Western Outdoor Advertising Co. v. S. of Review of Policies Act of 1469, Senate Report No. 91.488, 91st
Mills County, 364 N.W,2d 256 (Iowa 1985). Stare exrel, Congress, 1st Session,p.9.) Thus, it appean abundantly
77sompson Y. Osage Outdoor Ad, 674 S.W.2d 81 (Mo. clear that Congress intended that eompersation for out-
App. 1984). Metromedia, Inc. v. Tau Commfsslon of New door advertising signs be limited to relocation expenses.
York, 455 N.E.2d 1252, 468 N.YS.2d 457 (1983).) In 'Ihesubsequent confusion came from Congress'satlempi
almost all other states, however, billboards are taxed as to provide a solution for another problem, real property
personal property. which was located on condemned leased land. • •
•
There were a series of cases in the 1970's Involving In 1961, the House Public Works Committee esub-
the question of whether signs were "tangible persoual lished a sekct committee to study the impact of federal
\ property" under the meaning of the Internal Revenue programs on displaced persons and property owners.
Code, and thereby eligible for the investment tau credit Their report identified many problem areas which were
t,
,
I
.r
later dealt with in the Act. Among these was the problem highway beautification law. Because the state did not
oftenant-owned real property such as grainelevatorsarld seriously contest the application of Section 4652, the
fuel storage facilitieson kissed land,particularly railroad court did not address this issue.
rights-of-way thatwere acquired formservoirs. (Saedyof An Arizona appeals court arrived at a simklar conclu-
Compensation and Assistance for Persons Affected by Sion. (CityofSconsdalev.Eller OurdoorAdverrising,579
Real Property Acquisition in Federal and Federally As- P.2d 590 (Ariz, App. 1918).) The city had not appealed
sisted Programs, Committee on Public Works. U.S. a lower court ruling that billboards were real property
House of Representatives, Committee Print No. 31, De- under the Uniform Relocation Act. Thus, this issue was
comber 22, 1964.1 The inequity of requiring these real res judfcara, and the higher court'sdecision flowed from
property structures to be removed without any comport- the earlier ruling.
cation had led to a number of private relief bills. On the other hand, whue it has been established that
The Congress followed the Committee's recommen- billboards are personal property, courts have ruled that
dation in Section 302 of the Act (codified as Section outdoor advertising companies were only entitled to re-
4652), requiring that real property located on leased land locationexpenses.Fwexample, dASouth Carolina high-
be considered part of the real estate even though the way department had required that a bHlboud located on
tenant had to remove the improvements at the expiration leased land be removed when the land was purchased for
of his term. In all the reports, discussion, and debate a road widening project. The department contended the
i relating to the Uniform Relocation Act, however, the sign was personalproperty,wasnote fixture, andhad not
problem of buildings, structures, and improveinents lo- been taken. Compensation was therefore not required,
catedonleasedproperty wasframedinthecontextofreal, only payment of moving expenses. TU South Carolina
not personal property. It was trot the intent of Congress Supreme Court agreed. (Creative Displays, Inc. V. Sowh
to convert personal property located on acquired land into Carolina Highway Deparnnent, 248 S.E.2d 916 (S.C.
real property for the purpose of compensation under 1978).1
eminent domain proceedings, and there was absolutely Similar conclusionsvere reached in three Minnesota
no reference made to outdoor advertising signs. Plhere courts which ruled that outdoor advertising companies
state law did not require that compensation be paid for were entitled only to relocation expenses when underly-
personal property billboards as real property before the ing land was acquired for highway projects. (Starr Y.
passage of the Uniform Relocation Act, the Act does not Humphrey Y. Card, 413 N.W.2d 577 (Minn. App. 1987).
require that they do so now. Ma tier of Minneapolis Comm. Dev. Agency, 417 NV .2d
C The position of the Federal Highway Administration 127 (Minn. App. 1987). Stare by Humphrey v. Kouir, 415
and the regulations promulgated by the agency under the N.W.2d 412 (Minn. App. 1987).1
Uniform Relocation Act further support this position. Thus,wherestaielawdoesnotspecificallyrequire that
Specifically, the reguladons implementing the Act pro- billboards be treated as real property under eminent do-
vide moving expenses for billboards to be the lesser of:
(1) the depreciated reproduction cost of the sign, less the
proceeds of its We, (2) the estimated cost of moving ZONING AND PLANNING
the sign, but with no all llowance for storage (49C F.R. Part
24.303). LAW REPORT
Case Law
The case law regarding the question of whether the KsvA K y
Uniform Relocation Act requires that billboudsbe com- 1115% rlpt Eottm
pensated as real property presents acontradictorypicture. Bob Fra'am
• Decisions in several cases where it was not established V&*9rJC a don 10"
YMCM
that the billboards were personal property concluded that produellon Eenor
they must, while others reached a diametrically opposed rsaryA06
conclusion. PLO" alrvan lh»a pv yo v
In a bf issue ri case, the court ruled that billboards must 0ark iso *nm CWWm
be c omPensated as real prope m • ( Vmm Y. State Hill h- Eft" O* 375 Hdoon 8raat4wYakNmYd10014
TeL• 212A20 7W Fax 212?:4."60
• way Commission of Missouri, 400 F. Supp. 1050 (W.D. 04IornarSWON:155F1195uP46e,OW W.11has00o13 • •
Mo. 1975),) However, the State Highway Commission TaL M323-1336 Fa. r06o4&SW
did not argue that billboards were personal property and sudacnFaorc 61K br alavar bob
C therefore. not"structures." Rather they contended thattlte nw
signs' owner was not entitled to any compenudon be- rs3N0111411s
cause the subject billboards were illegal under the state's
4
t
main, the legislative history, regulatory history, and cue one that can be canceled by the lessor within thirty days
law support the contention that under the provisions of or so if the property is sold or seeded for development.
the Uniform Relocation Act billboards should be treated They base this contention on the United States Supreme
as personal property eligibkonly for relocation expenses Court'sAtmoradecision. [AlmotaFarmers Elevarorand
ptus any bonus value of a ground leasehold. Wareh"t Co. v. United Srores, 409 U.S.470 (1973).)
A number of courts have distinguished the facts in the
Compensation Ursdcr the Highway Reautifkatlon Almora case, which involved extensive and substantial
Act grain elevator operations under a ground lease of almost
The questionof whether bUlboards are real orpersonal fifty years duration, from those involving compensation
property is not really an issue in the case of billboards for billboards located on short-term ground leases. For
removed under the provisions of the Highway Beautifi. example, two recent Arizona cases have established that
cation Act [23 US.C. 4 1311, since Section 131(g) re- The expatationofthe renewal Of abillboard ground kase
quires that cash compensation be paid forthesigns.Thus, is not compensable.
owners of billboards removed under this program receive TheeCity of Tucson acquired land on
The le chWhiiieco
placed
what might be called "eminent domain plus"; they re- Industries had
ceivepayment for thevalueoftheirblllboardeven though for athirty-dayterminationin the event the property was
under normal eminent domain procedures they would be sold. The city gave notice, and the billboard company
entitled only to relocation expenses. sued for inverse condemnation. The appeals court ruled
the outdoor advertising company had no compensable
Compensable Interest interest, holding that any expectancy of renewal is non.
In determining the value of an outdoor advertising cornpensable.(Whlfeco Industries, Inc. v. City of Tucson,
company's interest in a ground lean or in examining the 812 P.2d 1075 (1990 Ariz. App.).]
validity of various income approaches to valuation if a Another Arizona case expanded on this question,
billboard is acquired as real property, two critical ques- again holding that the expectation of lease renewal was
tionsare: (1)Does theoutdooradvertisingcompany have not compensable [Stare of Arizona v. Gannerf Outdoor
a compcnsab]e interest? and (2) what is the term of that Company of Arizona, 795 P.2d 221 (Ariz. App. 1990).1
interest? They reasoned that Gannett could not force the landlord
Simebiliboardsareusually locatedonleased hnd,the to give them a new year-long lease, and that, similarly,
C tents of the ground lease are critical in determining Gannettwas powerless to compel the slate to compensate
whether the sign company has any compensable interest. for a property interest that did not exist.
The general rule is that in the absence of a current valid Similarly, a Tennessee court rejected an outdoor ad-
lease they have no eompensable interest. venising company's contention that its lease went be-
For example, Mount Hood Community College ac- yond the actual five-year term, calling the argument "so
quired a parking lot on which Ackerley Communications fanciful as to negate further elaboration." [State of Ten.
maintained a billboard. The college informed Ackerley nessee ex rel. Commbrionerof the Dept. of Transporta.
by letter that they could keepthe bUlboard on the property tion Y. Burderre Gas Producfr Company and Lamar
until the lease expired. At that time Ackerky sued for Advertising of Tennessee, Inc. (1990 Tenn. App. LEXIS
relocation benefits under the Uniform Act. The court 890).]
ruled that the outdoor advertising company had no com-
pensable interest, the college did not have to acquire the Site Valuation
billboard, and itdid not have to pay relocation expenses. If a sign company has leased a billboard site, the
(Ackerley Communication, Inc. Y. Aft Hood Community lar.bwner whose property is being acquired must be
• College, 627 P.2d 487 (Gr. App. 1981).) compensated for any additions to value created by the
In a simitar Pennsylvania case, the court ruled that a ground lease. In addition, the sign owners must be coin-
billboard company whose tease had expired was not a pensated for any bonus value of their ground leasehold,
condetmreeentitled tocompensationfor ataking. (Rede- Most states vahie the land as a unit and the varying
velopmenr Authority of Union County V. Property Lo- interests then divide the total compensation. It follows,
cared in W. Won, 517 AN 210 (Pa. Cmwlth. 1986).) of course, that the value of the sign company's leasehold
• 71st court reasoned that the company no longer had any cannot be greater than the fee simple interest
property interest in the premises. The outdoor advertising company's rental payments ~ • •
If the outdoor advertising company has a compete..ble to the fee owner on their ground lease will generally add
interest in a ground lease, the next tmv is the length of to the value of the underlying land. The exception occur
( term of that tease. Billboard firms usually contend they when the billboard might interfere with converting the
should be compensated as if the kale were of indefinite land to another use which will yield at higher land value.
le m, even though it may only be a year-to-yeas kase or Some of the questions involveA in making m estimate of
•
•
the contribution of the billboard ground lease are the appraiser cannot value a billboard by capitalizing the
amount of the rental payments, the duration of the lease, value of expected receipts of the billboard business at that
and the potential for alternative uses of the site. location.
The signowner's interest in the site consists of any The Safes Comparison Approach The essential ek-
bonus value of the leasehold. This is normally defused as meat in the use of the sales comparison approach to
C the present value over the unexpired term of the lease of valuation is the availability of adequate market data for
the difference between the contract rent under the !ease comparable properties. Since sales of individual outdoor
agreement and economic rent, i.e.,currentmarket rent. If advertising signs are quite rare, adequate r,arket data
contractrentis less than economicrent. theleaseholdwill simply do not exist for the sales compahonapproachto
have a bonus value, On the other hand, if contract rent be a viable technique in appraising billboards. There are
exceeds economic rent, the value of the leasehold interest data on sales of entire outdoor advertising companies or
will be zero orevcn negative. territories, but these are sales of businesses and include
many elements of value other than the sign structures.
Approaches to the Valuation of Billboards The use of such sales data to help estimate the value of
U it has been established that a billboard is personal another outdoor advertising company is valid; its use to
property, it is not necessary to appraise its value in estimate the value of an individual billboard is clearly
eminent domain actions, only to determine the amount of erroneous.
moving expenses plus any bonus value of the ground The Cross Income Multiplier. The appraisal technique
leasehold. But suppose that for some reason a billboard of choice for outdoor advertising industry appraisers is
appraisal is required, perhaps it has not yet been clearly the gross income multiplier, an often-used rule of thumb
established that the sign is personal property, or perhaps for gaining a rough estimate of the value of residential
the signs are being acquired under the Highway Beauti- income producing real estate properties. This figure,
fication Act which mandates compensation. It is the which is established through market obstrvations, is
author's contention that the only correct approach to this equal to the sales price of a property divided by tfe
appraisal problem is to value the signboards using the potential or effective gross income generated by the
cost approach; the income approaches are not valid. property. After the appraiser has determined a gross
A Ieasa location on which an outdoes advertising income multiplier (GQrf)foraparticuhrtype ofproperty
company places a billboard may have three possible through market observation of several sales of compa-
C elements of value: (1) the bonus value of the ground ruble properties, the GIM can then be multiplied by the
leasehold, (2) the physical structure of the billboard, end estimated potential or effective gross income of a similar
(3) the value of the outdoor advertising business con- subject property to arrive at a first approximation of
ducted at that location. Use of the income approaches in value. The appraiser must then make a more careful
appraising billboards is a thinly veiled attempt to gain investigation of the subject property to arrive at final
compensation for the thud factor, alleged losses of busi• value estimate,
ness income, an item which is not generally compensable For the gross income multiplier to be a valid technique
in em rent domain proceedings. in appraising an income property, it is necessary that the
Replacement Corr. The replacement cost approach is "comparable" sales actually be comparable to the subject
the traditional method used to appraise outdoor advertis- property interest being appraised. Use of the gross fin-
ing signs. In fact, almost every court has taken the posi. come multipler technique to appraise individual bill-
tion that it is the only valid approach to use in appraising boards fails this criteria. As noted above, individual
billboards. (See, forexample, City of Newport Municipal billboards are not normally bought and sold in the open
Horsing Commission v. Turner Adyerrising, 334 S.W.2d market To the contrary, the "comparable" sales used by
• (Ky.1960), "In re Urban Red"lopmentAuthority of the billboard industry appraisers are actually sales of
Pittsburgh, 272 A.2d 163 (Pa. 1470).] It was also the billboard companies orbiflboardmarket territorks.They
method that has been used almost exclusively in the are sales of outdoor advertising businesses, not of bill-
purchase of nonconforming signs under the provisions boards. Thus, use of the gross Income multiplier tech-
of the Highway Beautification Act pique is in reality an attempt to gain compensation for
Capitalization of Income Approach. For the capitati• alleged business losses, an item that is not compensable
zation of income approach to be a valid method of prop. under eminent domain in most states.
• erty appraisal, the income must be income produced by • •
the property, not income produced by a business located Tire ` Uniqueness" Issue
on the property. For example, it would be totally falls- Outdoor advertising firms argue thatthe gross income
cious for an appraiser to estimate the value of a Wding multiplier should be used to measure compensation for
housing a fast food restaurant by capitalizing the receipts signs lost to emineat domain (1) because this is the way
of dse restaurant business located there. Similarly, the outdoor advertising signs arc bought and sold by the
•
industry, and (21 the income of the sign is unique to a Case Law
particular location. The courts have overwhelmingly agreed with this
The rust premise is based on the incorrect assertion interpretation. Only two reported uses have held that the
that signs are bought and sold based on the income they intone approach could be a valid method of appraising
produce. Billboard businesses are bought and sold based billboards where there was evidence that the billboards
on the income they produce, not individual signs. could not be relocated. In a Washington state case, the
In addition, use of either the capitalization of income state's appraiser valued thesigns using the cost approach.
or the gross income multiplier techniques in valuing (Stare Y. Obie Outdoor Advertising, Inc., 516 P.24 233
individual billboards results in valuationsthatcompletely (Wash. App. 1973).Ine outdoor advertising company's
violate the principle of substitution. This basic appraisal appraiser utilized an income capitalization approach,
principle bolds that a prudent buyer will pay no more for contending that state law prohibited relocating the signs.
a property than the cost of acquiring an equally desirable The court ruled the cost approach was an admissible
substitute in the open market. To other words, a prudent approach and did not require proof of the owner's ability
buyer will pay no more for an improvement than the cost to relocate or replace the property taken. On the other
of reproducing it on a similar site. Appraisals of individ• hand, the court noted that the sign company's witnesses
ual billboards made utilizing the Incomecapitalizationor utilized the income approach because they felt the cost
gross income multiplier approaches yield values that approach would not justly compensate for the signs since
violate the principle of substitution because these ap. they could not be relocated. It concluded that the issue
proaches do not yield estimates of the value of the prop. was a jury questlom
erty, but rather estimates of the value of the business at In the other case, Scottsdale, Arizona, had prohibited
that location. the erection of any new billboards within the city. The
The second premise is a claim for alleged business court ruled that when a relocation site was not available
losses, not losses of property. Does the conden,vming in the entire market area, an income approach might be
authority have the obligation under the law to pay for the best tool to adequately compensate the sign's owner.
business losses? Can business losses be proven? (0yo/Scor1sdatev. Eller OuldoorAdvertitfng, 579P.2d
Since billboards are personal property, by definition 590 (Ariz. App. 1979).] This is a relatively rare occur.
their location cannot be "unique" The taking of the fence, and almost never mcursin eminentdomainactions
underlying fee may result in involving individual signs.
y property losses t t the land- More recently, an Arizona appeals court rejected the
L owner when the billboarde relocated he Outdoor utdoor gross income multiplier approach. (4%teeo, supra.)
property, since he will lose ground rent from th
Similarly, a Louisiana appeals court was equally em-
phatic may in rejecting the gross income multiplier approach.
result in a loss of value to the billboard company's A vial courtjury had awarded Lamar Outdoor compen-
leasehold if they have a below-market rent lease, an cation for two billboards based on replacement cost for
amount which would be deducted from compensation the physical structures. Lamar contended on appeal that
due the fee owner. Any potential additional loss to the the cost approach did not take into account the value of
signcompany,however, isabusinessloss, not&property the outdooradvertisinglocations, and that compensation
loss, should be based on a gross income multiplier approach.
Will there actually be a business loss to the outdoor 71M court rejected this argument,rulingthatanyeompen-
advertising company if the sign cannot be relocated to cation for the leasehold should be based on bor,us value
adjacent property? This depends on the individual c'u• of the lease. (Loulrlana Dept of Trmuporratiorr v.
cunnstances, but the answer (n general is that it will Dx. Chachere, 574 So. 2d 1306 (La. App. 3 Ctr. 1991).)
If the sign company receives compensation adequate to Insummazy,although theoutdomadvertising industry
cover all costs of either moving or replacing their sign, has succeeded in having the income approaches accepted
they normally can obtain a similar income stream in inafewlowercourts,thepredominantceofreported legal
i
another location. If the sign company is small and only opinion rejects the income approaches and supports the
operates in one restricted area, and if relocation cannot use of the replacement cost approach In the valuation of
be accomplished within the entire market area, then there outdoor advertising signs.
might be a valid claim forbusiness losses. If, On the other _
hand, the sign company is large and operatesoverabroad Summary andConcluslorw
area, it is difficult to see how it would be impossible for 1. Billboards are persmal property, not real property,
them to either (a) relocate the sign structure or (b) pur- and they should be treated as personal property In emi-
chase a new sign stnxrum with the compensation re- nent domain actions. As such, their owners are entitled
ceived so as to achieve a reasonably similar business only to relocatnortezpentsesplusany 'bontuvalue" of the
income stream. leasehold.
I
ar
•
•
2. 1 he LtILlorm HeWauon Act does not require that acts occurrrng on the licensed premises was held to
billboards be acquired as real property. To the contrary, violate due process. A provision authorizing revocation
they ant considered as "businesses" under the a.t and of it permituponthe occurrence of "any condition which
eligible for relocation payments, is a nuisance or obnoxious to the morals and general
3. Billboards removed under the Highway 13eautifica- welfare orthe public" was held void for vagueness.
Lion Act are eligible for cash compensation. However, In contrast. in TriplettGrilte, Inc. Y. CltyofAkron, 816
C there is no evidence that Congress intended that this F, Supp. 1249 (N.D. Ohio 1993), a federal district court
compensation should include payments for business struck down a public indecency law essentially identical
losses, to the one upheld by the Supreme Court in the Barnes
4. The income approaches---capitalization or income can. The district court discussed the splintered nature of
and the gross income multiplier-an invalid approaches the Barnes plurality decision, and its resultant lack of
for the appraisal of outdoor advertising signs because helpfulness as precedent. Uirimately, the district court
they produce estimates of possible busliess losses rather relied on Renton v. Playtime theatres, Inc., 475 U.S. 41
than of property fosses. (1986), and concluded that Akron's attempt to ban nude
In summary, the determination of compensation for dartcingfailedtosatisfytheRentonsecondary effects test
billboard removal in eminent domain proceedings is a "Ontheevidencebeforethiscourt,itisclearthat Akron's
legal problem, not an appraisal one.Once the legal pars- ordinance was not designed to combat any secondary
meters have been established, the appraisal of an outdoor effects and that the Akron City Council did not consider
advertising company's interests is quite simple. any evidence of secordary effects in their deliberation on
this ordinance." 816 F- Stipp. at 1254. The court found
RECENT CASES that the legislature was responding only to public outcry,
an insufficient basis for restricting protected expression.
More Adult Business Decisions Reported The court also ruled that the statute was overbroad be-
Cases involving theconstitutionaliry of restrictions on cause it was not restricted to erotic adult entertainment,
adult businesses continuetoLdsein municipalities across and would have applied to any expressive conduct con-
the nation. A variety of testrictions were examined in the taining nudity.
following 1993 cros. In a Maryland federal district court case, the sole issue
The Supreme Court of Georgia upheld an ordinance was whethera local zoning ordinance, which required an
prohibiting nudity of employees or nude dancing in es- adult business to apply for a special exception, provided
C tablishments with akobol licenses, except in cases of for sufrKkntly prompt administrative and judicial re-
"mainstream" performance houses, museums cr theaters view. 11126 Baltimore Boulevard Inc. v. Prince
that earn less than twenty percent of their income from George's County of Maryland, 828 F. Supp. 370 (D. Md.
the sale of alcohol. SJT., Inc. v. Richmond County, 430 1993).Thedistrctcourt heldthatthe ordinance'srequire-
S.E.2d 726 (Ga. 1993). The court rejected overbreadth meet of a decision within 150 days from the riling of an
and vagueness arguments, and concluded that the law application was a reasonable time limit under the Su-
was rationally drawn to combat the "trtdesirable effects pmme Court's decision in FW/PBS, Inc. v. Dallas, 493
of combining public nudity with alcohol consumption." U.S. 215 (1990). The district court conceded that the
Afederal districtcourtupheldare quire mentthat erotic District Council (an administrative decision-making
dancers wear bikini tops in thr City of Newport, Ken- body with appellate authority) could theoretically cir-
tucky (a municipality which, according totbecourt,"long cumventthe time tirWAbyabasing its remandpowers,but
ago gained a reputation as home to a veritable smorgas- it declined to invalidate the ordinance on that basis with-
bord of vice'). Brightllghtr, Inc. v. City oJNtwport, 830 out evidence that such abuse had taken or would take
F. Supp. 378 (ED. Ky. 1993), The district court relied place.'Ihecourt alsoheld thatthe judicial review process.
• primarily on the Supreme Court's decision in Barnes Y. which was ftkely to require six months or more for a
Glen Theatre, Inc, 111 S. CL 2456, 115 L. Ed. 2d 504 de.-ision, was not excessive and satisfied due process.
(1991), in which the Court upheld in Indiana requirement An adult business licensing scheme adoptedinaTexas
that erotic dancers wear, at a minimum G-strings and county was partially struck down in TX's Video Inc. v.
pasties. The district court found that given Newport's Denton County, Texas, 830 F. Supp. 335 MD. Tex.
history as"Cincinnatiscombat zone," the more stringent 1993).Therequirement ofaLicense forallowners, clerks,
requirement of abikinitop was"no greater than isessen- employees, conporatedirectonandofficers. andpartners
`
• tial to the furtherance of the governmental interest In was upheld as reasonable. However, it was held to be • •
controlling the evNcoocomi':!,gto adultentertainmeAL" unnecessarily restrictive to require a license for all (err
Id at 384. However, the court d5d strike down two eluding de minimis) stockholders, limited partners, and
provisionsin the Newport ordinance. A provision making equity holden and their employees. Additionally, a li-
the holder of an adult business license strictly liable for eense requirement for real property owmrs and other
•
•
F ighway.'officials bai~'~#obq-,costly' SMrr" they could be forced to pay
$200,000 or mom to compensate l
- A contro- sign company for lost income
versialcity ordinance banning, when it,, single; billboard,, is
construction of new billboards removed fo4 construction for
could cost taxpayer[ millions of 'widentingofitoad. f
dollars and stall major toad build- The issue,frspilling into oeiYh
Ing projects, state highway offi- boring titles, which have W& in
cials are warning the city, increase in request.4t r billboards. .
Because the 6-week-old ordi In Haltom City,leity zoning.,,..t~~syaK
nance prevents relocation of exist- officials have received five
[k ' , d CaaseWss C%%Ck iQcv%gsnts A* sign ordtaaace aatead
ing billboards. Texas lam, . ()foro on SIGNS an Paoli): allow relocadow of elpn its tbs path of road eoastrwdoc
of Transportation officials say `H1aftenCity moiratoxium...PaW
Signs enure. put the signs in dcsignaad scenic
Kimberley, in an interview yes- corridors of the city, I larm.-+n said.
terday. said the cost of taxpayer The trsnsporlailon depnrltrxnl
From Page I financed highway constuvdion pro- has always eompemated pmperty
jats could jump by millions of dul- owners for structures of any kind
lars in tiering years unless the drdi- "tidies sue in the way of (nW l cxparn-
rcyur~stsfix bilkioarlKCity C0413 l nance is amended to allow hill- sion," she said. In sonde cases, ilm
members, while saying Thal they are hoards in the path of toad construe- department has fully coaopcnsattd
T t intcresteS in any type of han, tkxl to be relocated. sign owners fur the rnrxnai of bill.
C voted Iasi nigIA wdcclare a 120 d ty The cost fox tig removal of an boards, she said.
ntoratnrium on billkurds and other c<tinuted 50 signs on t}m projects Wiml,erly acknorwkdgcd (Itit the
(4~J forms of orf-premise signs until alone - the expansion of the east department has dune that when an
Ihey have a chance to review the portion of Lrxop+ 820, die north pun- adequate rekv anion site could nix
Q "1 Haltom Ctycxdinance. lion of LAxV 820 and Airport Free- k found for a sign. But signs can
~y J In Fixt Worth, the new ordmance way - could easily exceed $10 41en he rekc1W art a mm-h krarr
"will seriously imTtM Cur right-of- million in the next 15 yens, he asst- cost, an altemative dull is chmiratcd
\_r ivny acquisition program." W.L. contd. under the newerdinanc•e,he said.
Wimhcrky, right-of-way engineer Tbc Transportation Depanrncnl Silcox Said failure to ancixl 11M
~l for the Transportation Department might have to pay an average of ordinance could resuk in "a two fiQ
\ci' fist Worth district said in a letter to about $20U,000 for removal of a pnt+km.
('ity Manager BobTermll NIRK--wd on ■ busy Fort Worth free- "if we doo't alter it oar could
Because of the department's con, way, Wimherky slid By compmi- possibly see a slowdown or, even
terns, Tslayor Kenneth Barr has son, the department might have to rttore serdortsly a auppcsge of nod
ttrslrlmed the city staff to rtvlew the shell out only about $20.000 as way c7rKl cOnst rt.%1wn . inside the city of
biln xwd ordinance and its polential compensation fur rcluntion costs, way And we whe have
Effect highway it projects. ns be said,.
and stoat
• Councilot lman (Tierce Silcox i, ur i But Judy I lann:an, president of to purchase the hillhnanh an ,
that the ordinance be amended lu Scenic Fort Worth and a leading is an exlremeexpcrtxeto the ixxpay-
illow relocation of sigma in the pads balckcr of the tan on new bilRvard ern he sadd.
QfM-XI ctwiti ltkict. construction, said abe feels the Silcox said k is his urnkNartd-
But proponents of the ISI boxed "major intent" of the ordinance ing, for example, that the highway
ban say they would oppose any should he preserved. Ordinance department would likely have to
t1fort to gut the ordinance, which supporters say it will gradually pay more than $600,000 just to
the council passed 6-3 on July 15. decrease the number of billboards compernsate billboard companies L
• And ordimmce tucker emphasize through aMtk xt. and property owners for the lots pf • O
that the transportation deparIMCM If the ordinance were amended two large sign near the iocrsectiort
was already in some instances fully to allow relocation of signs In the or South Henderson Street and West
/ compensating billhoard owners for path of road projects, billboard Lancaster Avenue on 6e southivrst
l the 1 m a signs prior 0%Jas~yge of corni .'.Ici should not be allowed tp edge of downtown.
~5 - 1al~~,r0,rx.
FroaYaydDt 0 Fit VZ nCYottrNP-blItCO Ntta To DmB*w rtpltrtid**StObftl flt MAN
SUP- 7-97 SUN 14:13 NEWMAN 06
00/151997 16:57 944-5755 ot:9Pa c7EtN i:.#
Texas Department of Transportetlon
P.O. 601t MM PW WORM t i161>z 7#1 16 0 "r let 7) 9749600
July?4, 1997
r
Rpt t ,r•, of Fot Worth Outdoes Adwnift Sign iitume
rb'rmek Q Y Manager
~,r Fort word,
1 ~ ~ . t hreCluetOttoO
vonh Tvw 76lx?
The To= tkpattataq a TrMmpM"0n (Ti00T) has tortk R&w eowem mwdm the c:ar
of Fen Wot$1•a mutly pwsd sip 040mo and m commotion pm$ram wdbn ebe VAv of
Fort Worth TM WNW tiga dta ptavttba of flit ordtmnu W% awlwdy tmp>rct wit t t)tltt tit
wben *A eitpm m of out 1laTitke diaplaeas a Z" .a. .
rhen the WtitwMeab be so mpkw by P$Ybv rejo d expaw to move dr. -;wn
C ,etuoure to a new Pita..>U"m the mw otdmatee, we are lookles it M taint V tut bo%A
d 4jlactd aign whiok as you probably us t»w9, m be very axpsaava
Several veers W. tM City offim toes mauled a iau sip ofdbum which awitsWtr skxX
40" highwri tmmuctsm W that city. AU dleaasaioaa wwith UDOT, ttte City cfKwVA*
clodefie:l Ih„1 ordnlanoe to allow weew eitoeptiotts Ax signs d"" bYbowal' wcp+ on
to br t.lrvaled to a new site. AklMA this exceptions was not in oompgam with the lrucw 4.4
the engmi.t evdituttee, it did 4ow mentid ttaitaporulwn ploom to Continua d*%vkvmMl
We request that the COY of FOA Worth eootidsf an eiccePtioa AMAU to tha ON approved io
Howton in otdor to teiapta the know which w+ aMleipme oe ow bgbwty ucpsnooe
piolpams it should "be Doted ttut the praeaM eettiScasm cobScia 6 wed by *A StKa do
tta allow retoc t a of Wt by Mame to the am" or*naMe. If you h6Ye any quesdom
centrmuyt this matter, pkW ooaaa t71e at (317) 77"$51
Your consideratkm of tW regtoW It &Wo&tad
t Sina~rely, ~
W L. wimbu*. Y.F
• Dvamot Wt of Way Enianc ro
WLW ag
C
t'
m' "P
• ~I.+ir+'^~5~. -.,3~u r..> ~_~~L i~~ n.arr J~ ~i. ~Q.s~~~ >U 11~._.~Zx1ti~f ~i.. ~~tl (r_ ~;i
•
1
rpbp*D ku Fu11N31dM Vm11IM3411CkOc* TaDwmBlnw hPB~f6M sbffpkn~r1Q199T7R1SPlf
- 7- 4 T U N 7 N E W M A N P. 07
SUP
• :49518 rn.na6 gel
0q; 05 r 13:00 F41 TkDOT POW ,
C
DI1 4
and strnctarts uc pMC°t gbmghoot the Stue of Teaas is
nrieus art M heights amend canfigmdom Consequently, uniform repreaenUtd" oost' f
relocatioa or purcbase have beva difficult to determine.
for the numerous stladatd atgic sizes at the vartoua
fa this report, costs have been developed
bdtbis that they ODMMody occur- 'those otists were determined on a tats FVW'4" "vve"L
alue.
Mowanee Was not made for either any DMuid~Se of apart of future tr~~ ~C~do*tioa h"
Neither are the Eta" based a sauctursi and fO=Wion requiremeat$ that Pr W4
been 91M, however, to the Increased osed to the MAW
along the hiBb wind tone of the 7s uiiie wide. art o the state. or as
wind requirements present through
tnrybutit sitttle or backdo-back Lace udt
The gpres were prepared based on a typtcat ppropriate modttler LsetOrs
mounted on a single P01e apttrrtlpuat astmcwre. ner to those ad repdidtnsoa, a W other bow or
are &W provided to convert the basic litotes to
' coaditior►s.
• ~ to reasonable cost .
The values herein presented are fate Wu~ Certata.sigs sauctura O°" bow' be
representative of the outdoor tthe eontatt of this 'those mu"tures must
outside the corm aad therefore re outside report
b. Considered individuau9~
J
c
•
.nmVWD*n Fsri4M8i90Yorr,h7vultC4dDtV To DawRmse PsQr111ho",Si~ Vt9 3asPM
SUP- 7-97 SV14 14:11 tJEWM A N P.04
{ Phont Conversation
with
W.L. W'nmberly, Disc. itigln of Way Engineer
Fort Worth TxDOT Of5"
Sept 6.1991
Note This was the man who wrote to Bob TerreD saying TxM has serious probltmts with
Fort Worth's billboard but because it prevents relocation of bVjoards that are displaced
by highway expansion.
The first choice of TxDO t is relocation. The cost for that varies, ft em S 5000 to 530,000.
1 f the hiUbard is the personal property of the billboard company, the sign an be relocated.
TxDOT mast buy the billboard site and tht billboard structure if the sign company doesmt
own the billboud itself.
Tx DOT hues independent appraises (to appraise the value of billboards.). The appraisers
use industry standards to appraise balboards. Those standards include: the value of the
suvicture itself: the inootne;tram to the billboard owra, the value of the land, and the
income derived from the billboards by tht land owner.
C The sign company dttenrines whether the sign can be reloate& TtrDOT tries to get
companies to relocate on the same site. If another sign site is toot ava+lable, TxDOT
pays. TxDOT esv oursgta saga oonVv iea to relocue on the remainder. (lord kit at same
site sifter highway vgwision). TxDOT reties on the billboard companies to find anaha
site (if the remaMer is not available).
If Owe is no way to rektate, the market value goes up. (Do you lave any data on tbatl,
1 asked ) 1 dons have hard data on that, he said, but logic teas you when there's no way
to recreate a busistess, (the value goes up).
without a ban the sign companies would so have an option of relocating. lfthe sign cant
be relocated, the sign will (need to) be eompemsated (for). TrcDOT would Mee to pay for
• the sign itself, the loss of the lion site to the lessor, and incotntr to the sign owner.
TxDOT uses a sign schedule. TxDOT's lust offs to t billboard owner when buying a
billboard is dways based oo the sign schedule (Wben the billboard owner lotto down
the fuu offer) ...the mamr goes to a oonunission hearing, an sward Is made. The sign
company ekha aaepts the unoum of the award or asks fora trial by Jury to determine
• the billboard value. In our district, TxMT always settla (out of court) with the bn7lboud • •
owner and buys the sign
TxDOT hires indepaxiera appraisers ('m the loaf area) to appraise the billboard value.
TxDOT uses Tom Haines, with Haitoa and Jorgam In Artingson, to do the appraisals.
Haines has done slot of researtb (oar the bi'Oboard valuatioto issue).
•
' aBrprdD*m faiiT7A~YnwrrBli7AJbttCgdDhdah TcDmB6W PtgidI%*"dq'$gb rt0,19114%Pit
SUP- 7-97 SUN 1 4 2 1 2 N E N M A N P 0 5
Whea asked law m4q SIP relocltiO u ace amatly at issue In Fat Wort,, Mr. Wunberly raid
Owe is one site with two bVmt+ds on it at the tatersKdm of I-35 and Basswood Boulevard.
He says one cm be relocated on the remainder at Basswood, but the other cook not.
When asked about other upooming, large T"T projects which would involve d'trpiaom*m of
W%oards, Mr. Wrmbaly said then wool be anymore for at least 10 to 20 noose yarn, Le
1920 North from 1-35 to NE Mall which will be widened &ora 4 to 1 lanes
2.1.35 from the 1.30 interchange aortk to 920 out to the county am, to be widened to 6 lanes
3.920 Eats from I-20 at Kamedak to NE Mall.
Smaller projects involving removal of billboards wont be com* up Ibe at lean S years, such
as State Ef*rway 199 being waded tlrom beyond 920 to downtown Fora Worth.
Reprding the Ladcutw project a I.30 and the billboards located at Hmsderm aad I-30.
TxDOT approved a geometric for the 1.30 projec% but the city of Fort Worth wtmted a
pteway and for TxM to approve aoom to Lamaster. That necessitated a new design
by TXDOT. So the city and TxDOT reached as agmeOret..tbe state would pay Ibs the
new designs atd the Wditio W omtruction if the city would acquire the tight of way. ( That
right of way iacluda 6 billboard hose at the intcrseWon of 1.30 and HmW& m)
C (When asked about b0oards TxDOT has peld for is Fan Worth) Mr. Wmbaly aced
ROW asO 9002-6-15 in the Ws and pve selling prim on the foilowEng bftoards:
0202 $36.743 1105 S 14,645
0203 $ 9750 1135 S 3015 and S 9490 for two Agar
x206 S 4400
072A $ 61,325
0195 3 42,000
0201 S 39,950
ROW case 0 9244 in I M-93: 07 5 91,000, 030 5120.000, 0 49 S23,6A
When asked if Tx DOT has approached any ohhs other mmicpaWn in Ice district
• that has passed bMbwd bass, Ma. Wimberly said no, smaller Cities fie Keller do not
lave major highway mem and moor 6M." acpehsieas. r
• • •
C
' 1 r h , h S ~ y:.
• '.svd'""y`,.3Zlla.~_..~. _ ~ti'~ l`g~f} , r ;3
+~~_oS'LL~3eJ~.
•
•
roc 4rioDeckn Fa IVRM Yae 817-M-A1 tCt dDh* To Dmi M Page lof8 ttetrKSdy,Se b*w19,IN? 143,aPM
SUP- 7-97 SUN 1 4: 1 0 N E N M A N P.02
Ph= Conversation
with
Jim Rowe, Appraisal Chief for TxDOT, Fort Worth
September 6, 1947
1 How marry relocations has TxDot paid for in Fort Worth in recent years?
Answer. One in the city limits of Fort Worth in the 1970's
Z What has TxDOT procedure ban reprding Wlbmds aloe; congruction right of ways,
Answer. TxDOT contacts On property owaa and billboard owns. We approach the billboud
owner to relocate on the same site. We have found that more prefer to let us buy their signs.
Then the NUard oomrpany buys back the Kboard for its retention vabse erred sb'0 rdoata
(usually on the sarMt site).
If it is legally possible to relocate on the property remaiM er, we wort them to do e.
Now TxDOT sea (rtsetf) if there is mfr remainda.
3. So his refocaft or buying the billboards been the way TxDOT has ban doire6 it?
C Answer. Buying is the way we've been going.., billboard onwers are d ooft to be bought out
4. How art billboard values ddamined?
Answer: The rental iawme (is taken into account) into Perpetuity.-that income an run from
$1$0,000 to S300,000..... $ign owners were ref skV offers based on the sign schedule.
(later in same conversation)....
You capitalize the value of the bMo:rd. You take the face value oft sip sign minas a paeeotap to
the sign owner (16.33 &Mtd by the tau of return (9 to 11 %)egsWs the amount of dollars
the Moo" is worth. You apical n the income of the sign faces. The other is a multiplier
formula Fee appraisers calculate income In perpetuity...S100.000 to S300,000 for a Monopole...,
• S How tray signs are irrmh-ed at Basswood ad 1.33 ? (the only plaoe in Fort Worth where
T%DOt currently has a reloation issue.)
Three billboards are thm. Oat is an illegal sign on the right of way sad we dons have to
pay them. One Is an 8 pole 61A but those kind area4 made anymore (so ifs not a problem).
(The third) is a legal sip.,,a monopole, v-shaped sigh, doubk-f ced. It aanot be relocated
• on the remainder . (His point being the billboard owner needs w4ther place to rdoau.) • •
6 How does the schedule value brllboarda?
With the cost approaeh...what the phy" property itself h worth. The Right of Way dr won (m
Austin) wants to doh this way. (perapbrasirtg)... Our office amd Austin nee It d'i>Taemly.
N✓
S
-...~wM..YrL\SY.IrVY'a'i'wnr.~~.w~.!!rwV.~ti.ra'~rn.raAl~r<WMiYI.~Y!/w~W
Free jrp (Drabs Fu 111183210Yon IQ4T3b1 tCgdDWm To Does Bien P*1dl'1 "k,4bow101!5tttitFY
'UP- P- 7-97 SUN 14:11 N G W M A N P.03
r 7. So *%A k' vA ert you xap"W to use?
Aeswtr Weh supposed to we dw scbeduls (tbs eoet method Qrom the ROW division in
Austin).
1. Did You wee d,e scstsduie to valve the Basswood bObosrds't Goo Fon Watt)
Answw No, Bwwood =m up b*m do K&".
9. w1w an~ld pve me soaps iedrrmuion show the sdtedule m Austla'1
Answer: Jackle Berasti, TOW Reviewer, 3121416-2191
(Mr. Rows !!Hoed me do mcW wbiob ooat:tes naotnmmded vsolua for &I types of
bt'llboerds based ao the cost epptacb, which doss slot teb into sa poet lost iecoee to the
bdboerd owm ar FWty owner. Tbss KW A A Is debd 1992 r)
•
4 '4,
y~ £
I
•
•
SEP-09-1911 1039 FROM Mfrai FPPP.AISAL DISTRICT TO 3497707 P.02
i ROW co~t~ ~ RTC'
BUIBOAXID mrmmu nit MMCCAROK l E
overdm
I
ared as me Y wiyth~doio~r ° bt the Ent Wk *d
ode eose sS revtstont to &e d for im of ou of
Ikis a
j Wi embeaM so MCY Of tioWU=I d
MAJM bo%tvrt, rote velaooo wworhbats wW mal a be fi'lied ?ice
Il
tbc'~ : m
a+t3~C! ue t~11c~ tba+e pogo d kvd) *Qwtamts In ow so
allow as rdo9 nap bdate a HAGL ad~er~nt wit te4d'0~ Tire sp d1W wi0 be r eerie
t:ptaoeoat ts>,t swat (RCN) of some gips vr;wdwill ww be oovwrd fa tie'oolwli` ld6he et ear ! 1
{j o ejmd we pddea for die lmas qW" to dt~k d sad ~Atm ~
aw
aad aaeep~:tim Se aPPra~ say OW ad to emb 0060d
trot oow'odb7 moat rcbown You wiu ow mss wt mm a t 5' r
i
Wwrwt io dw a04taiW of biibwdr. txi w 40KNh* 69 rot downer of
Utae h o saaa7 dt
bit
when tDr gip is roared as wail w the "too eKaar. efC of Do~.k'ao. .
yisperr /hmoe sutic~eem w0 be t W6d at pwmw t»b• b oMa! a !r9 rid is
t!e valwdoh d t►imc ahrteret b oowpaiaoa ioomm awes d prnoaitlgr, ws, ~ a td >h1a
TIM vaho6m dead sip Will De deasrasimad bl tsiaiao~ flee W m aid
I ~ tr amomat ra aaea.il oomshd deptmdstkea (shraidbtatae .
eomomie ima of 20 yon for wood Mtataawm aad 40' for rlsai }1i ms+om° toAd
tOorodwIDbebik►rdtheatetmsRr~i. As wewi6aotbe~bfr ~~boal~e,eaaittrrlniaeisd, dICQI
ooospwrrb for the wow ad npikewst d vaaFmmt slit ~owpoe,mea /RY
pip°orrrs apyoorea wDeec am~ibos e~dst *a ww aeceroeree s el~jad fir A~tioaal i ac~rleoaio
"keomm
Shoe: bbtwkw coat dan b as mvaihbk be sdkbmt b FR hlsmakai we
a mo d tpproadl to devslapYad tlfrra rdiaiir !nFN Dae~ by
I I
To are the WN M+ StttoroarY wwbbart Ym wig SM de=41", or
You wm tbw MW the RCN &a for the actmi ooaAamotioa ~tm j}ormtripo
had 3.~ kc0d within ON eat! 84, b a0 wood aooa~¢or, swirl dl 1 armAd is
1960. %u. would dateradne the RCtla the vahwtMa.wabbo erg ti t tlletotat lU`N for me s, In
the ROKvd) oomm of to wah'hat h the 190 ym. ON* Yom, imv7 dethr~aod which ~ we fm Mb
bfpm&f i Yoe WM amly haw to uam[a thM b toe trroreaay wotlrlsisab as YOM
Wood sip . A WNW itncteue 1r,'ki wooden P" as pimm =volt II s
Seed op = A bMbmd ohs hwW Aed I4kmwu lAmvy mWP6rL -
3wt mropoli - A beT1board strttott+ee hsvlet a s►qk wd pow as
Ori~aat a0mu=Om dire (OW) - TIM 4M that the etcvow' •u WdIDY e« #i4 ad to ks prottnt
RCN . Kwimm" ow slew • Tim am to rwiacm N ucmy of Pr*ayi '*M', comen~ctfoa, ~ hoe
Maftdds fed oowbwcdoa mekdoioa. I ` '
sn E
bw to -EThe WJW prim pa apm root per dw detersiaod by wS almtib ,nor or the Ia et afrpap or
• i hilbord.rtr*Mm trod dooft Me tgtppe5 dr4. base ff+c` an om sad ati lthtr, • •
~vsot wA otW Wd&& 8 coats such >s aoachK earavatioa tpold" to awl • 11= !oe
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SEP-09-1997 10:40 FROM LENTON APMISAL DISTRICT TO 3497787 P.63
.o oet ~1,
v«dat O+* - wood. tloak or GeV MNM trd to la diL
Pb&m tiCenk • A T iumal w0 ft wo @I die brM of dw tiitjlioelri6~ii►ra yak is b+ i
4onoa~tie■ - HerSaard aaiROr ~ ApP~t waioll~s aoaM[~rDidi otdr>~ I '
r 1 it 't
Patois 'i •i10166Otoomwisp"Worplim" jt.
I Ij
} bo" ; . .~ooeWwasMtOanaMil~drPdWdMOMg1 ~I
Arm -D"OlAwastilhAbom Ores 04L
p ; Viaeitfent bm*K or aoei amu dlt bait of ft tip "Woo oo'wbtk pom lied ea
L M~Oid t~~Di~alleri0elri baa w or ad mom dr by r[ ~ t~1!Pdb s ipoort ~ w&M
psrbiaei lip, r ~ ' '
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Art rd d m1* • siW QW. aM1y4 bo porr4 via, to to Eitt *o oa Y}ol;b«/►
rock" -Twp"m duo No want by asdotie M !j
Ct oast -'1bo ptAort a[d1e oor wbk~ iro srpw~tos/ as~Win~a oa1rY ~o nd iwr I
. C~ ao11d1i wli3las bwr dMipnd to MOd lyl[ ~ ~ *iitp ~ bs I M
i mm"-In awwxwis tipado domompit~bdbMdr~j* aRd~b~MaI !
8ailoA • I~glieir roacietttr 4t 10 1►tltMOnt ad aoroMr' j Im~l and 41reu
■ssriwlaa will sot bare dis ioltfol pew~w, wMts Sravcai r1di(iL : ' f
shore vmd wm PAW • Hd* abai pond Levi it fs V 1w tpr • fir
law
iiAQ. oidr1e11ea awidird fiteti oorloanlt a/ aroa srr rmit PwoMROd
Lease Coll f Cwt %%A is aQMW IS 0110111f M Aftia 111100 *L
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SEP-09-1997 10:41 FROM DENTON APPRAISAL DISTRICT TO 3497707 P•04
vu~ i 1.
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SEP-09-1947 10:42 FROM CiEMON AFPFZRISFiL DISTRICT TO 3497??? P.05
SAL rltorA2 IY
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SEP-09-199'7 10:42 f.
pOM DENTON WPRAISAL DISTRICT TO 3497707 P.06
RIT
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°FP-03-19137 10:43 FROM 1£NTON APPRAISAL DI P__... _
STRICT TO 3491707 P.07
; I:I I
commm i
pERSONAl,MMMW II
wwd
p ~ Let tad,er pfida.a oc apeoa• + i : • ' ' I
1cbm Claaa CIM CUM
Strom 1 = 1 1
0.3001 101-300' 301-100'; i' 1;=600 +
. 1
' ilr
M 135 11.9/ 1127 1035
$17 13.07 12.91 1. 1211 i •80
a.mces I '
W 40.00 360.00 100.00 ; :mo,00
boe 165.00 675.00 1.0lO.oo 7635.00 1 00
1
IHMACIL ,y o 20.1a?!6 , i 020' 1!% 10
HAt(JL
oy ah 21-2V40%, ' U'v +0% 2
to,
4350A
I ny eJa da ~ ; ds. ~ ~ I
e iJa Add 15% A6d 30ls~ ~'Ji 20% 3
S~dai Si/e by e4*
tBepala 7+tll~Aoa dtpboK i
' I 1 I
~ef !a[0 64030 652.00 l.~i~ 1 I I : 11,!50.00 Ira ~
! ada 1235 X2.35 11 1213 i
romm >baR
13.00 tjo0S 15.00
Apure 5.00 ti
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SEP-09-199'' 10:43 FROM DENTOJ APPRAISAL DISTRICT TO 3497?07 P•06
Ott" I I i f
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Hre'ptiot ~oCimbbr0~~or+pw.
i Cho C Gu
$tldo w .1 2 ! ' I
f 0-100' 101-3W 301- 4';
Rim pew o~wR
10.41 19.45 2034::'. , i 11411 1 •94
ly
11.31 20.50 22.SM {,i ' 11.it Vii{{ 1 .47
80.00 360.00 400.00 i 3OO.00 i i .00
bill wl LM 165.00 675.00 1rO5~ Yv LIMA* 1 00
I f fI I+~ .1 ~ ,
0-27 ~l0lG I' 9 20'1:1: !!i
'pHAGL;!
i "lla!'~01i 29
I '
th y0- 26.35+20%' • ~T#'+301: Si
i d0- d0- 36 r#01; I ' X33% 6 + SyG
d~ T 1~-dAotdaF~'~ 0-/a Add 13% Add20ifl
~ '1 r
1,200.00; , . ,3d0.
4030 63LOO .00
pmb parliaMrlool via :2.35 I2,3fi I j . i23S y
A4M Baer ay 13.00 13~00: 13.00 j.
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SEP-09-1947 10:44 FROM DENTON FiWAISAL DISTRICT TO 3497707 P•09
• 1 ' 7/97 .
sod MON. We'
-am prior Vid lndnde piedbar of apoae.
I, ,I
three C1r1 Ctas i ! _ 7
' ~w 1 2 S' j 4 ;
s ' 0 -100' 101.300' 301-407 , i ,1 i, 600' I H
pre pe~!egiratebol 16.67 70.t1 .1111 ~;'•a 36.00 16
d ads= 165.00 673.00 1,070.0 ! : 1rb73 00 ! .00
1iAtH. ah 0.27r2* ' ' b t0'-30l4 27 33%
2 t-sr -t I t ' •1!% 1 r lsx
ela 0-27-17%
i+oo%
da 21.75+00% 56101+00~G ! ! ] I
} •h 2677+1514 4t4S* y X1413'+20% •!0' 29%
{ ' Ua 3140'+29% 46sjolok ! &50t o% ~0 33%
414033% 76'*t1o}rR j ~6'+++0% •p1'+
! : p«!ca +t sh Add 13% Add 1; ! ; d6 isx 441 • .
t7eaer~ a{a Add lox Ada 2S% 25% A12 rA
V« F1es { da Ada 30% Add": { I ; ~ 11dd 1014
shk Sar~rd by Ade da Ada 13% Add 7A%, ; i Id 20%
on I r~
I 1svrvvomwb
ca r ) 440.50 Moo l;toobo i~s0.0d 11000
I iiaetbol eih 1235 1735 1123S 1 123 '
• vy 13.00 ' LS11o ' I . j { • 13.00 i 16.00 ♦ •
ApPW 1 I
{ '>!3r~ ode
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SEP-09-1997 10:45 FROM DENTON WPRAISAL DISTRICT f0 3497?07 P.10
1 I ~ I
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5 FRM DENTON APPRAISAL DISTRICT TO 3447787 P. It
J I.-
CORAW !!ml90NAL HbOmlY
AV 20ywl&
i ~ 1 95.00% i 9q ~ .
3
t j 4 $0,00%
3 75.00% I 1 I ;
6 70.00%
7 65.00% } 1
6 60.00%
t 9 $5.00% SY~li
LO 50,00% 73, ,
11 45
l2 40,00%
13 33,00%
i 14 35.00%
1S 35,00%
16 3SA0% r I t J
j 17 33,00%
It 35,00% J i
' 19 33,00%
20 35,06%
21 i
i 22
i I .
23
24
2 #
f
29
I
30
I 31 ~ '
! 32
i 37
34
1 36 t 1 '1
37 t y
311
39
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,
SEP-09-1997 10:46 FROM DE`ITON FPPRAISk- DISTRICT TO 3497T07 P.12
Qlly7 i I ~ , ' ! ~ .
ftocwmFMcoatltsTmin VAIAATi0f(IR*t s iT
C i TAe vjoeEr6eK is dM&d ioao two aecd m& nw fiat Ma{m k 11e IYowloj '
wbftb Is tdtbe apptaba la his' eeatieE geld mprtidq be bilboard I' I' I I
1. T is sham of do ooopary dial owm tia billboad I I + f{
T he 2 dace tbt bdbeaid vdurA= wodaiset wu tYtod oat
T is 3. M= d dre yes
im tam the oosspasq b ooatad if owe J, 416y
biJLottd ~
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4. C owmxt mmb~v- 1
s. iii~m c AM away is wild tie MI•ord is 10omk&
6. T m16
ttaalard the Pasow to oodact ` i
7. L end d tOmM re Tiis is tie pbyrical kOmioa of do b"fi ^ . , . I . i
9. ' otRraiPtapaty: ibisbtieo~dtieyrvpatyrsNi~,'t~l~olydis3dotYi.
i 10. woMo Mi" dart: The ISM tbg the Kb=+d was l .'e♦~ tfill
, i
c (is yertk Tt1 rdaet rrp dtae bilbord apeswd In 3.r::: my or ny 00 ode
C' . it.
orijind ooodrae6oi date
p;l
it o[ oemtoedo. > w~el pye d alata4d lfe 1i~vr~ 6 I' ' ' d Tbli wm
ait~a wao~ seed ar wmpola Tbia Am i &M wiles pitdy " b i
1 ,
Tsete
13. Abe dart is dWrmiad by de pant footW of tie fill L, ' pffin on a iibatdIT
i ~e losses, esri wtlta a part toot rmje. ; I •
14. shore pwnd 1evd of the b M&t 4
13. squat 100W d tie WSW displry mrfaoe a tie Mibwd i4'v*h " i
16. e w camber of display aar>y[ss a tie billboard rtracbar' i I I
17. kbs billboard bars MGMI nloa or ed!
IL V mill tie baTboad hate pbdbrma os sot!
!I I
19. ID)a `DebcTbord JMV pions Or srot7 ' . ' III I i
Tae ssooid b iirr ooipodvs tae Woe of the billbmt 'Isis ! ! I ' ' aAS bar ~ ~ Ara
I
i I step Y tie ' d tie bast spracdte cost 7ba bee strwdn~ , , of • I : iadti0iai tiiaOet d aaa¢oac 711111 now dep IS
s~ar4ij tie: ;sett !or
i t3it seed to ber nadt 7bre are tame ooosarcBoa ; 'I1a }31~Cd.. tic
siooogobt and tbu sommm fa stadad diopi4c A9 . MP • Q
O4tt srjid b tip Tius
the vdirt ase dnraaodooat. 7ba W d dep is to ON tae "god
C are thole tilt con be taadc taa valet fx lllmiaasioa tie V4W fat aid die vsiislr
i '
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Poor
SEP-09 1947 10:47 FR011 DENTON APPRAISFL DISTRICT TO 3447787 P.13
~RBQ[tA1,l1t073AiY I' v !
mw ~
Ik aie added to IYe a4jlreod base sat to deeerdae the 1br1
bw okp is datee>tiw s aePeealdoa aid apply k b s r10 0-1 Md aoret b
eiaidds i , .
7w ti re ULIvb of bw to a ulaw Ik vas a a wok b be* btlibwt. ,
# d IM ad a d0' HAGL Ila bilbord bas bat y ,
bas ,
' p less. and a!«oaa• Ibe &a dP 4 b 6mmias ds bait 7w woo , Yet
a k b ere, wWk ew d n of Ik dYpiay er
titre srmo/de Y 1423~}}. iliald alatp! ,
bets peioc Per s14tt~a bat *t a cdeet i
967. eMa aleaiaal
bon Ito akit 1a<set dmpiq oubm as as Word 7143 Us
' sot s423t s~ Pb sgelae bel b 37i atasto fret bima w+ of ew
p,1lOA0 Wia tom, by aas1111t * wa floe addkWtal sesM b IYa = 10 bast 1K suss ; add
Ws (A) b kd &Maaim doe bat aaleoatra aoat a b $10 !43.00 aea~ i~
776 www 'b- b sore dis was aerottseY 01st no 6nt a~jaeenr~l Y , 11AQ. A
' wed Y do 1~AQ. avid be lanaard by 40tf. M bw abroers 343 mod. 49%
f dow+~ a 87,4".Coiaweae oa ■a an Its wood aorhrrl tbi tiut b Mdc
I 71st is ms" b Vrtiipbi-0 Its wes means ate d 619,1 19% N
s>,i7L00 a tbs ol~ no t3Xt.00 S*VV W as lbra (n is !sreb dtfl/
tadodobd reekii►!bs da bat at++Ietars Doer of 5191143 by at 20%, we Maw bti
A#m iod am in bas (0) sow sn.Swjw by sdw$ Bata 1), t, F ow a 60ow..
Ida iisl fits' add ere Von of Iw addkieaal beprorsa'at ~ ~ ~
ave& vale d1k ows a do b deW i.d by aaii~ias s
elf bar dttpiel
' iYs CM& lw;4600 oat to amob le an Yao (1q by
~ {s~.100.00 Orr irboe. '11e :alas a tle 9ieiren rt! aPeoa/ rs ~ •
i pK dot by do I" Yam *akw of scat Ifs pt a st, s . , itti b
raM~b4ab plus ow & am Im by s 141 Now bet of Pe+d ad a 12.111 a
I baap)br brtal+4+yftdersls.ooootlpsriWerbotsyt1s1f1 SPOOL We
M Mal Grob addkiom a Zia (K) b be stT3s.00. We tlla osi asR b
' liaa 1.11143. PR taPtet* b Pet u2.000 to "1 a> ; .
7fe brd dad eI~ Y 19 lboe s bawl vdae oa de llbord by a d is ok
ii mw QtL~ : PAS 1k depm*&o taNe ns dtMesaia( Y f
?!tl' Ilk esrrsias tie deaf vow d the bilbord to be $3 LOS b M K
oateu* pyb9fG ! '
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SEP-09-1997 10:4a FF4M DENTON WPRAISA- DISTRICT TO 349TT07 P.14
.silN7 't + w ` '
BaLBOAMVAIWAUM
1 1l '
~ (l) i++~ t diwwt~w~Gl~a ~ ~ ' T; .fir 1]re xi7s r ss' ~ 1
(f)~~wM '~Illtr If (q,1~R•HI
cn a+r 1LY i I tart ►Ifn
I m tiw wow.. yldi~in.lst t i
homm
m o..r 1►~•M mil It
man*
' No
1 No
U"4 'war iQfi>IL (1fI + i Yw Y
b~ 71w6w MM/ow6w ! (111 A"'
teal x M UOwA[~~~,•!17id W ,
owl
i~Ybwl'rirs 1 : IA" t.I t } ;7.170 (tt 1
i 1 •Ilrwwwwer tilO s etr11 ~ fjt7 ~ ' ~ .
.iwfawwrt b.10 ■ 17M % tm (q
C
i MrwwM~~er lf1O : 7f% F~ ' 7Sff O) ~ I ,
1
t T O F • 17i,7Q (Q
! TAI d'C • ff
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M' fdwAs 4 ■ Li00 fV#~ ; i 4tM (W } t
prwwlen 1117 : 141 l4wtl~-~:, >rf W ,
lf.M ■ 144 2.10 V)
c K~•yXAII , tm w ~
Jll~rd ,
owE as...llc(a~ 41277 . 77%~ istfl0 -
1 !
rfwt/ r dl~r If ! ~ f ~ ~
1OTPL P.14
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Poor Qu rEP-10-97 44£D 12145 713.629.0405 713 629 0485 P.03 - '
2 J+~O? r;rr, i
SAMUEL T. BISCOR
TRAVIS COUNTY COMM 1SM0%JA t- 'AMNCT ! ,
TRAVIS COUNTY ADMMSM.! ION lUaDINO
314 W. IITH STRUT ROCM 310
P.O. BOX 1741 4USTM. TSXAS 747
m•9!!1
January 17, 1992
Kr. Girard Kinney, AIA
Kinney E Associates
Suite 100, 600 Sabine St.
Austin, Texas 78701
Dear Hr. Kinney!
Enclosed are letters I received frm the County Attorney's
Office and Art Cory of the Travis Central Appraisal District in
response to the information you shared with me.
Please telephone as to follow up our meeting and this
I` information.
Sincerely,
Samuel T. Biscoe
County Comissioner, Precinct One
STBIca
Enclosures
C
rL • ~~k4 _ t ,.u.~;5 .^rk ~.yT~ ,,1° vP-s- •k~l '1 _,~zci~,`~~H.~~.~~4'{ra f ~S~~.~Ti~i,~~.A~'
•
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SEP-10-97 WED 12:46 713.629.0403 713 629 0405
1,GCY II lr 1, Ji1l~ ~ L ~ ~ " '
M. v..
KtN OOEN CIVIL oMONNt
C*V%TV ATrou+n • JANI,M. CW A+N,
JAN" M. WAMO11NACN
couxTT eovATxeusc . ~•7j CaTNrANr rAUp
F.D. ,0311749 TAW" A. Aft"T,Orq
AUG". TOA, 74767 JOHN C. lfNAA. JR.
gs1AU STA7t: AS o.A1aw L• DAVVQC1T -
VDT" ~o . K.,owMAN
M` U OP. AeO,TA
AANN N. eQKI**"r
L/peA 01, M[L11
CO" K. ,o,N,+" - -
JoNN Moot ICN
rAbl
January 9, ]992 ,N AL,Y w. W
Samuel T. Biscoe
Travis County Commissioner Pct 1
Travis County Adm'tnistmWn Bldg.
314 W. Uth Street, Roots 310
Austin, Texas 76767
Dear Commissioner Biscoe:
1 Meshed a Copy of the letter from Mr. Girard Kinney coMetning the taxing of
bl7lboards in Travis County. After reading the ktw I called ft Travis Centm Appraisal
District and talked to Don Scbertz Mr. Schert: auured me that every billboard in Travis
County is on the tax yon, and that it is being appraised at a fair value.
If you have any further questions coa0erning thls I would be happy to talk to you
about it.
Sincerely,
a
' Shirley W. W .
# Assistant County Attorney
L
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SEP-10-97 WEP 12.44. 71
629 0403 P.02
13.629.0483 713
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( MAYON IIUI Pic c 02 an ~IS 4" 117{1
mo
a January 16, 1992 PAX 113 4I9-2"1
Mr, Girard Kinney, AU
Kinney i Associates
600 Sabine Street, Suite 100
Austin, Texas 78701
Dear N
Thank you for your recent letter alerting the City to a
possible souroe of additional tax revenue concerning the
taxation of billboards, After contacting the Trivia Central
Appraisal District and conducting a review of the State
Property Tax Cods, we would like to provide you with the
following information.
As you mentioned, billboard properties are normally
taxed on a cost basis. Under the current State Property Tax
Code, the Appraisal District is required to value billboards
C as tangible personal property within the City of Austin.
Therefore, billboards are appraised for taxation purposes at
cost using the cost approach appraisal method which
determines the value of tangible assets only.
Shen billboards are sold by companies at values
significantly higher then the taxable value, the buyer is
purchasing the business value of the sign, which includes
the intangible (batiness) value of the sign over and above
the physical coat.
The only intangible property assets currently taxed
under state law are certain traneportstion businesses and
financial institutions. The City could tax billboards at a
higher business value if the state legislature aasnde the
A property tax code to include billboards as taxable
Satengible assets. i
Please feel free to contact me should you require
additional information.
Sincrnly,
1
Bruce Todd
C mayor
err W.4n~~~r-4vuw-w-wrf
SEP-10-97 WED 12!46 713.629.04#3 713 629 0405 P. BS
TRAVIS CENTRAL APPRAISAL ]DISTRICT
BOARD OFfIC90S aOMW a MILRi
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4sI7AJfr,ApA .
January I992
The Honorable Samuel T. Biscoe
Tr Avis county Commitsioner, Precinct I
P. O. On 1748 Room S 10
Austin, Texas NiV
Dear Con miuloaer Biscoe,
I am in receipt of your fetter dated January 3, IM to Girard Kinney concerning the valuation of
billboards fo=pro erty tax seL I felt that I should rtspo to you concerning bow the Travis
Central AppDistrict as les the valuation of btllboatds.
Billboards are taxable and our ppeersonal property department is Charged with the respoasbl'fity of
fdenti~ and valuing them. In 1941 the value asstgaed to all billboards In the county touted
SS,812;X7.
The technique used to value billboards is called the cost approach We determine the sctual cost
of erecting the billboard (materials and labor) and that gives us an indication of the tangible value
of the p rty. Under the Texas Property Tax Code, we are alloyed to tax only the tank value
rioted wrtb s p=ees of property A tangible asset Is defined a wwhing tbat on be seen,
touebed or othe perceived by the senses. Intaagsbk or business valve is trot taxable as far as
property taxes are concerned.
When a sign Is condemned by the Ci the owner is paid based on the futon Income the sip could
produce. As Mr. Kinney indicates in his letter to you condemnation values trendy exceed the
values assigned by the appraisal districts. The price pWJ by the city includes buss or iot&*-ole
value which we are not allayed to consider when we value the billlbouds.
I hope this Information is helpful. Please give me a call if I can be of further assistance.
Sinoettly,
T
Chief r
♦
ACldlw
Mr. Ken Eden •
• Ms. Nelda wellsSpears
Mr. Bill Ranson- elson
Mr. Shawn Malone
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•
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ATTACHMENT 2-B
~N
DFCDMDFR tIM
(PURL nt
nvestme
AS30C1AT10M
A special edition of the PAS Memo published quarterly and devoted ro publfc invesnnent and finance It
A Taxing Proposition 1986, 1997, and 1988. This figure includes a penalty of
for Billboards $241.415. By law, the appraisers could only go back three
years.
Next time that you're thinking about some ofyour city's budget The Union aI -eported that, in eight other eases, blllboard
shortfalls or your Increasing property taxes, look out your cu companies had never filed a tax return or reposed their signs i
window. The answer to at least some of your problems may be on their tax retunts. In those cases, the city will claim over.
staring you in the face. According to Scenic America 5200,000 in back taxes'
(formerly the Coalition for Scenic Beauty), local communities Ralaigb, Namb Carolina. After its recent investigation that
are losing almost half a billion dollars in annual revenues
because billboard companies around the country nape paying comp" billboard to mpany permits apinst local tax listings
in 12 counties, the Raleigh News and Abservrr concluded that
property taxes or shortchange local tax collectors . Edward probably 'dtousands7 of billboards are trot on the tax rolls as
the McMahon, investment t di in the rector buofildiScenic America. notes that required by law. In the 12counry North Carolina sample, 341
public invvestmng and landscaping billboards were not listed on the 1988 tax rolls. Even the
motorists ways is and being D truckers. . the the binillabDoard iumbernduofstry ways. Unlike currently pays billboards that were listed were assessed at only one-half of the '
no road user taxes. tolls, or fee: to use publicly funded signs original construction cost, which Is one-half of the value
highways. from which billboards derive their value. The at which an other personal property is taxed. Raleigh's city
billboards also devalue the public investment in the highways attorney told the Raleigh News and Ofterverthan 'Ies
by turning them (nto'otudoor commercials 'And. finally, the
public is forced to pay to remove billboards tfat it never Srenic America hat foundrhat theWtbaard tndrrsrrv wmdc rrrrttnarer
V Canted. the ralve 01thtirri3nr JarDroyrm tar yurporrr bad Clatala SAW
ThisIssue of PubiiclsvrsrmrnrNewsoffers aglimpse of
mt rkrrklrlroplaAo.rlkr~ ,+a De,rpa+u,
Scenic America's findings about the undervaluationof
billboards for tax purposes and their overvaluation for takings Cost to F*daraI Tarpayara 10
compensation purposes. It concludes with some guidelines for Remove flonconforminq BfBbeansa
those cities interested in pursuing lost revenues from the Under the Highway
billboard industry. BuutlBcation Act
(M Dimon al
The Evidence tiro 1.1n Dimon
Scenic America found that, in manv cases, billboud a.........•...
companies simply never list their billboards antutrollsor t•100 :~:+`~=-~.n`•
undervalue them so much that they pay very little in anneal
property taxes on signs -hat cam as much as 5100.000 per on
year. At &,t same time. the billboard industry claims that these on _
same signs are worth 10 to 100times as much as their declared no Anent
value when cities have to pay compensation to avaid a takings " =
` charge. The following case studies illustrate the extent of these 700 0 ,p amq
problems. me Ft~ n
i
Jacksonville, Florida. In July. the fTorida Tunrs Union 100 41?
too noes
reponed the( Mayor Tommy Hazouri of Jacksonville
requeued an investigation of billboard companies when they
began to push legislation that would have gutted the city's
billboard ban. The legislation would have forced the city to See tat 'n -
pay compensation to the bill baud companies foethe removal wo a: • 0
or alteration of billboards along public roads.
Even though the bill failed, the mayor became suspicious of
the billboard indusers claims about &,e value of the si In 1~ tar tau' tat-
~ industry s -MAC n.wares•x>Lrusen.tvt'OOa.w"aar,aawm►wa•
luestion, I n a reappraisal of the 1.200 billboards in ,a,,o roaaa mpoas$C J b%" a 4K -IM Orv AO"W4 Cuw
I Jacksonville awned by Naegele Outdoor Advenisirg, Inc., the rOrae anxun -
city found that the valueof the bA]boards was S23.3T .,a„„r.r.«rrscr+w.r...M...r.a...."....rrrr„
million-more than six times the a mount at which the r..... P. Wes.:sas,Na.ww..~.wr.m.,,.....■.+
company ha dvaluedthe m.If the appraisalgoes unchallengtd. ""'"•'"i0'a"a~ t
the company will have to pay S 1.83 million In back tapes for y„~ Sawtr A." r,
C.
•
•
unconscionable to think in this day and age that any income- A Goldeto Action
I` producing asset. whether Xs a building or a golf course or a Scenic Arrxrici s fiadings do not end with the case studies
ign or anything else, can be worth half of what it cost to build listed here, Virginia Beach. Virginia. Houston. San
it,- Francisco, and Reno arc alas cited as places that have
The newspaper also found that billboard companies were d'.scovered great discrepancies between billboard company
grossly underpaying taxes on billboards in the counties. In claims of value for determining adequate compensation to
mimaring replacement value to determine compensuion costs prevent takings and theirciairru of value for tax purposes.
to the local government. for instance. Nsegtle Otndoot And. in each of these places, the razes paid by the billboard
Advertising said that a billboard's val lie should be equal to all companies have been minimal in comparison to the estimates
the money the billboard could earn over a 10-yeu period plus of billboard worth.
the replacement cost. But for tax purposes, none of Nugele's If your community wants to try to recoup lost tax revenues
t!;! Wards in Durham County were valued at more than from billboards. Scenic America suggests the following.
5 i 5,000. and cost were valued at less than 51.000. An I. Determine if an local billboards are listed on property
attorney, for Durham County noted that. 'It's vst amazing bow tax rolls. If a lis+ of bil boards is your city is not
the value of the sign change from tut purposes s to pkiog available, start at the state Department of Traraportuioo
purposes. You're talking about over a quarter ofa million where licenses are itwed for billboards on federal aid
dollars for a billboard that only has value because it fronts on a highways under the Highway Beautification Act.
public-built and maintained thoroughfare.' Although this will be only a partial list of billboards In
As a t pule of the investigative series, North Cardina has your city. h should give you the names of the main
adopted a new tax valuation guide that taxes billboards like billboard companies in town.
other personal property.
2. Go to the county or city to assessor's office to check to
Gainesville/Alachua County, Florida. In July, the Lakeland see if thou billboard companies arc listed. If they will let
5w reported that the Alachua County appraiser had instructed you see a complete list of billboards, you're in business.
his surf to reappraise every billboard in the county. The if not, you may receive total valuaaions on all billboards.
reappraisal is in response to charges by County Commissioner You should still be able to determine which companies
Penny Wheat and the Sun that the biggest billboard company are not listed at all or are shirking paying on many of
in the County, Peterson Outdoor, paid only $1.400 property duu billboards.
taxes lour: year for 120 billbouds. Last spring, billboard 3 Find out haw much nsone p yarciry generates In taxes
companies had claimed that the signs were worth between
C 540.000 and 560.000 each when legislation wits under from each billboard each your.
consideradon that would have required taxpayer-funded 4. Determine if billboards thu tat listed on the tax runs are
payment for billboard removal or alterations. In Alxbua assessed u tul1 market vilue, original eon. Tglaeemett
Counry, about S25 in taxes are paid for every S1,000 in cost. or oth:r. If your county a not belpNI. bear In mind
valua:ion. Doing sorts uithmetic. Wheat figured out that that they may be following a start department of revenue
Peterson Outdoor was paying about $10 k% tut per sign, advisory,
meaning that they were valued at about 5400. which is only S. Find out how other is Axed. If
one percent of the lower end of the industry's estimate of their billboards are taxed at a lesser rate, why? Do any local
worth. The Alachua County appraiser does not expect a windfall to businesses pay gross receipt taxes? Dobilrboards pay
gross receipts tun. Does your city or state impose any
the county from the reappraisal, but it le cleat that some road user taxes. toll fees, cc other fees? Do billboards
changes need to be made to secure a more accurate valuation
of these?
and to make sure that the billboard companies are paying their pay any
fair share of taxes. The county expects to increase its mvenuts 6. Ascertain how the value b+llboud companies claim for
from anywhere between 520,000 and 540.000. instead of the compensation purposes compares to the vale they claim
$1.400 it now collects, for taxation purposes.
Jefferson County, Missouri. A July issue of the Jefferson 7. The state department of revemx and the state department
Cowry Journal announced that billboards and other sighs-a of lraruporutiot both moan determine lair marks
source of tax revenue never before tapped in Jefferson value.' Find out if they differ. Usually, county assessors
County-would add nearly S3 million to the country's fonow department of rcvtmue guidelines -
valus6on. Along with a general reassessment of property g. Ga photos of any billboards tat listed. Contact your
values, the county assessor believes that county taxpayers may kcal press and Scenic America to start a publicity
• actually have lower tax bi11s In thecomingyen. campaign. • O
County Assessor Ron Dougherty told the Journal Ow he
was'shocked' to find out that the signs had never been taxed You can write to ScenIc America at 216 Seventh St., S. E..
C before. "Tiring signs isn't something new: it's done in other Washington, DC 20003, or pbone them at 202.546.1100.
counties and should have been done here all ahoy. The
companies are making a la of money off those signs. arid they
should be paying taxes on them.' A search by his office staff
found 429 signs on 362 parcels that will now be rued at the Making a B!S Prof tut
commercial rate of 32 percent. The to revenues generated by Work in a Serial) City
a billboard valued at 520.000 will be equivalent to the
rcvk nuts generated by a ha ise valued at 534,000 (the Community leaders in many small and midsize cities cannot
residential tax rate is 19 percent). help but be envious cf the new bWAJ. convention centers.
•
s
. r
State Legislatures .7rtuasr! 19,00
e n f i r s! r a a d i a y
States Stumble Upon Untapped Revenues
What started as a munici- Bl"MARD
pal squabble with outdoor ISMTRY
advertising companies has
resulted in millions of dollars
worth of tax revenues for f r
cities and counties in North
Carolina under the state's re.
vised method of property r
assessment.
The new system, devised
by the property tax division
of the North Carolina De- 114
partment of Revenue, re. t,
vamps an antiquated evalus-
tion scale shat department 441 F
supervisor Frank Goodrum
says should have been re-^., gin at
placed long abo. .r.a '
o.~. Y....,.w.%.„Y,,,
A six-part investigative time, one sign company's as- what wed expected.' Gaston issues will continue to occupy
newspaper series was the sessments did not change, County billboard assessment legislators time this session,
catalyst for reform. When while anothtt decreased from totals increased $37 percent, since related issues such as
Raleigh Net" b Obsemer re- $15,050 to $14,550. second only to Orange Coun- placement, fees, site restric-
porter Pat Stith began to ex- In the first seven months, ty, which surged 966 percent, tions and compensation for
amintthecomplaints ofpub. assessments for the states Revenue secretary Helen removal are far from settled.
lic activists who were con- largest outdoor advertising A. Powers reports little in. North Carolina tst P the
cerned about traffic safety company Jumped from 53.7 dustry resistance to the new only state where billboards
issues and aethestics as re- million to59.9millioninonly assessment methodology, are undervalued on tax as•
lated to billboards, he found 12 counties, Gaston County since both sides had ample stssment rolls. Efforts are
that sign companies benefited business property assessor opportunity to voice their under way in Texas, Califor-
from a state property tax for- Darcel Ewing says counties opinions. nia, Nevada and Virginia to
mula that undervalued bill- were surprised by the in- House speaker Josephus develop more equitable as-
beards, and that some bi]I- creases. 'hey far exceeded 'Joe Mavre6c says billboard sessment practices.
boards were not even listed
on local property tax rolls.
The publicity resulted In a
legislative all for a Depart- Oat Bran and Broccoli Please
ment of Transportation usk
+ force to study the situation.
Along with such infractions Increased evidence that a guidelines and the recom- concern about health risks to
• as illegal billboards-5W of high fat, high cholesterol diet mended dietary allowances school kids played a vital
which still stood years after In children leads to future established by the National part in getting the new law,
their permits had been re- medical problems motivated Research Council. which becomes effective Oil
voked-and zoning viola- Cal•forr!a legislators to pass The new nutrition require- month, on the books.
tions, the property tax valua. a new law regulating fat and meets extend Into school Supporters Balm that with
lion system was discovered to cholesterol levels in school snack ban as well as cafe- little, if any,e current cost to
be monumentally inconsis- lunches. terias. It is in the snack bar the state, th new law could
tent. The school lunch nutrition where students too often opt help significantly reduce the `
• The valuation of existing bill, introduced by Assembly. for junk food instead of the cost of medial treatment in ~ • O
sign ended up being, In some vroman Jackie Speier, was more balanced meals served the future by fostering htalth-
ca ses, at least four times more supported by the California In the cafeteria. kr eating habits today, When
J than before. Dra matic ex* Department of Education and Speler became alarmed asked why the Junk food
amples include one sign com- draws its newguidel inafrom when she visited a school In snack bars wean' shut down
panys assessment rocketing a combination of the new her district and saw young- altogether, state education
from zero to 5112,$00 in IM California Daily Food Guide stern eating lunch" that'coes- staffers said Intense opposi-
and another that went from (which should be completed sbted of a corn dog and Tfter tion from student fund-
n!11-zero to 555,000. At the same by early spring), U.S. dietary Tots,- she says, Rising public ing groups prevented it.
Sgtr t.e=frGtsaa Janes 1f40
•
•
- --=mar
ATTAC11MT 2-C
iZD362-364 Judicial Decisions
nforeertlent the ordinance, In 1985, the city and the while at thesame time not eliminating
62-Louisiana Loft entered into an agreement for judg- or restricting speech that does not cre-
ment under which thecitywas enjoined atethesameevils,
zr.,rtthat isnotauseviolation from enforcing theordinanceagainstthe The court noted that in the 1979 case
nnotbechallenggedunderordinance Loft The Loft stopped in 1995 Owcourt found that the ordinance would
ovision pertainfngonly to use o, operating
olations. but resunxd in 19921ncyunctionwith apply to a television in a hotel lobby, a
risk of St. Charlti v Frickkeeyy, Court of Back Bay.
harpist in a function room, poetry read-
iratafLouisanafintenurdaltcourt), Thecitygrantedthel-oft'sapplication ings,mrmeperformances,and evenlate-
cidnfMay 3I,1994,63dSo.2d437 foran entertainment license to 2 a.m. but night I%tures. Accordingly, the court
denied that part of the application u• found that the ordinance was not nar-
cts. A homeowner constructed a car- questing a license past 2 am. The city rowly tailored because it affects speech
+rt in 1989. The parish, through its zon- sued seeking to prevent the operators that does not produce the same type of
3 and planning department, sued the from offering entertainment after2 a.m. evils that the orduuuxeseeks to restrain
,meowner. The trial court determined The city also sought to have the 1985 Although the court reversed the trial
at the suit was untimely and dismissed agreement vacated, whiktheioftclaimed court's constitutional ruling, it agreed
e case, The parish appealed, that the city was bound by the agree- with the trial court that the 1985 agree-
ment. The Loft also claimed that the or- ment was invalidbecause theortUance
olding. The court affirmed in favor of dinance was Invalid because it violated did not authorize the city to make ex-
e landowner. A state statute requires a state law prohibiting operating a dub ceptions to Its enforcement. The.-ourt
at actions such as this one must be without a license. The Loftalso claimed alsoupheld the trialcourt's ruling that
ought within two years from the first that the ordinance violated the Fl;st the ordinance did not violate the sate
dative act observed the court. The Amendment, statute.
.o-year period is postponed only In The trial court ruled that thel9ai,-ree-
sesinvolving use violations, stated the mentwaslnvalid,that theordinancewas
urt, and the homeowner here is not consistent with the statute, and that it Signs and BNfboards
ing the carport in violation of any use did not violate the First Amendment. 46 ZD364 -Michigan
striction. The Loft appealed.
Condemned billboard leaseholds and
Holding. The state's highest court re- air rights are Income-producing real
v:rsed, finding that the ordinance vlo- pro erty for which Income
laced the First Amendment Althou h ca Pulization method Lsa valid means
. X363-Massachusetts 8 ofestimatingmarketvalue to
government may impose time,place, and dcterminejustcomppensation.
rdinancegenerally banning sound. manner restrictions onprotected speech. In rtArqulsrtionof BifltandLease%and
oducinggentertainment between it may do so only if such restrictions are Fawments,CourtofAjo;w1sofMlchlgan
i.m. and 6 a.m. violates First content-neutral, leave open alternative finlermtdfnltcoual,Decidedfunt20,1994,
nendmentwhen it broadly affects channeIsofcommunication,andarenar- 517N.W.2J872
tertalnment that city does not seek
regulate. rowly tailored to ■ significant govem-
tyrf mlun V. Back say Cultural ment Interest. Here, observed the court, Facts. After private property Involving
,xiation,Suprrrtrejudicial Court of the restrictions are content-neutral be- billboards was taken for public use, two
assachusesls fhig >rrst rourd, Dedded jufy cause they are notjustified based on the trial courts entered just compensation
1994,635 NX 2d 1175 content of the speech. The courtrejeded judgmentswithoutconskieringeridence
the Loft's argument that the excepplion of estimates of the property's market
1 as. The City of Boston passed anordi- for theaters precludes a finding of con- valuebasedoncapitalizationotlncome,
nee restricting the hours of operation tent-neutrality because it favors one form
establishments holding entertalriment of expression over another. The court Holding.Theappeahcourt cocssoLdated
• t enses. The ordinance prohibited any- concluded that the exception was con- the cases and ruled in favor of the prop-
it inaclub, theater, orother public lent-neutral because it has more to do erty owners. Not ordydm thecityhave
'
ace from providing any entertainment with the manner in which the enter- an obligation to pay the billboard own- r
music behveen 2 and 6 a.m. The only tainment Is presented rather thin Its ersforthe costs associated with moving
ception was a movie started before content. their billboards to another location, the '
!30 a.m., which could continue until3 The court next considered the re- court declared, brut itmust also compen-
r. The purpose of the ordinance was quirement that the ordinance be nar- sateforthemidemnedbillboardairrights
maintain quiet streets In the early mom- rowly tailored to serve a si"cant and leaseholds, which are Income-
pro-0 8hours, government interest. It is well estab- ducingreal prcrrttyy After determining • •
The Loft Twenty One Association op- lished that the government has a sub- that income capltalization is a proper
J ated a private nonprofit club for mem- stantial interest in protecting Its resi- method of efumating the value of in-
rs 0 which music was played but no dents from unwanted noise, said the come-producing real property, thecoetrt
-beverages were served. In 1979, court. Such an ordinance must be nar concluded that the method was a valid
e sued the city seeking to have the rowly tailored, however. Whether the means ofestimatirtgmarket value to de-
dinancedeclared uncorssdtutional.The ordinance Atisffes this tequlrement termineJust compensation.
al court Issued a prellminary Injunc- depends on whether It eliminates the
in prohibiting the city fromenforclnB stated evil, In this cast late-nlghtnoise,
November 1994 Land Use Law
- -
ED
-
C ORDINANCE NO. 130 T,9-
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO.
3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, BY REPEALING
SECTION 17A, "OFF-PREMISE SIGNS" AND SECTION 17B, "ON-
PREMISE SIGNS" AND ENACTING A NEW SECTION 17A, "SIGNS"PROHIBITING OFF-PREMISE SIGNS EXCEPT WHERE EXPRESSLY
EXEMPTED; IDENTIFYING PROHIBITED SIGNS AND EXEMPT SIGNS;
PROVIDING REGULATIONS FOR ON-PREMISE SIGNS IN
COMMERCIAL AND INDUSTRIAL AREAS; PROVIDING FOR
EXECUTION OF UNIFIED SIGN AGREEMENTS; ESTABLISHING
REGULATIONS FOR REMOVAL, REPAIR AND MAINTENANCE OF
LEGAL NONCONFORMING SIGNS; PROVIDING FOR UPGRADING OFF.
PREMISE SIGNS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
SCENIC PRESERVATION COMMISSION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has heretofore enacted Chapter 17A of the
C Comprehensive Zoning Ordinance of the City of Fort Worth to provide location, spacing,
height, setback, light'ng and other regulations for off=premise signs;
WHEREAS, the City of Fort Worth has heretofore enacted Chapter 1713 of the
Comprehensive Zoning Ordinance of the City of Fort Worth to provide location, spacing,
height, setback, lighting and other regulations for on-premise signs;
WHEREAS, Taxes Local Government Code, Chapter 218, provides that
municipalities may regulate the location, construction and removal of signs;
•
WHEREAS, it is in the Interest of the health, safety, welfare, convenience and
enjoyment of the general public to regulate the location, spacing, height, lighting and other
attributes of signs located In the City of Fort Worth and to prohibit construction of new off-
• premise signs in the City of Fort Worth, in order to achieve the goals set out In Section • •
`
17A, Subsection A below;
c
~...r, .r. - .
a7
•
•
C WHEREAS, in order to encourage removal of off-premise signs from designated
scenic, cultural, architectural or historic areas, the City of Fort Worth wishes to enact
regulations permitting an owner to upgrade legal nonconforming signs In areas that have
not been designated as scenic districts or corridors, on the condition that the owner
remove four (4) off-premise signs from designated scenic areas; and
WHEREAS, the City of Fort Worth now wishes to repeal Chapter 17A, 'Off-Premise
Signs', and Section 17B, 'On-Premise Signs', and to enact a pew Chapter 17A, 'Signs',
to regulate off-premise and on-premise signs In the City of Fort Worth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1,
Section 1, `Definitions', of Ordinance No. 3011, the Comprehensive Zoning
C Ordinance of the City of Font Worth, is hereby amended by repealing the definition of
'alteration', enacting a definition of 'illegal sign', and amending the definitions of `sign'
and 'nonconforming sign', as follows:
5M: Any surface, fabric, device, display or visual medium, including the
component parts, which bears letters, pictorial forms or sculptured matter, Induding
logos, used or Intended to be used to convey Information or to attract attention to
the subject matter of such sign. Graphics painted upon the side of a building which
carry no advertising shall not be construed to be a sign, except where such
graphics pictorially display products or business that convey an advertising Intent.
The term 'sign' Includes the sign structure.
SIGN. ILLEGAL: A sign that was erected In violation of any regulation applicable at
the time of erection of such sign. Any sign which does not comply with the
provisions of the Comprehensive Zoning Ordinance, the Sign Code or other
applicable ordinance, or which Is not deemed a nonconforming sign by the Building
Oftic?al or his designee, shall be considered an Illegal sign.
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C SIGN NONCONFORMING A sign thatwas laoutly installed In compliance with all
City ordinances applicable at the time of Instaila*.,.a, but that does not comply with
the provisions of the Comprehensive Zoning Ordinance and the Sign Code of the
City of Fort Worth.
SECTION 2.
Section 17A, "Off-Premise Signs", and Section '1713; 'On-Premise Signs", of
Ordinance No. 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as
amended, are hereby repealed and a new Section S7A,"Signs', is enacted, as follows:
A. SCOPE AND ENF-ORUAWHJ
This section is enacted to provide uniform standards for the location, spacing,
height, lighting, and other regulation of signs within the City of Fort Worth. This
sectlon is adopted with specific reference to the regulations contained In the Fort
Worth Sign Code, Chapter 29, Code of the City of Fort Worth ("Sign Code'), and
shall be enforced in conjunction with such code. The purpose of this section is
protect public and to protect the safety, blic from Injuryvwhich may be caused by the un eggulated
construction of signs. It Is the Intent of these regulations to achieve the following:
C Enhance the economic value of the,landscape by avoiding visual clutter
which is potentially harmful to property values and business opportunities;
2. Promote the safety of persons and property by providing that signs do not
create a hazard, due to collapse, fire, collision, weather or decay;
3. Protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing motorists'
ability to see pedestrians, obstacles, other vehicles and traffic signs;
4. Enhance the Impression of the City which Is conveyed to tourtsls and
visitors;
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5. Protect adjacent and nearby properties from the Impact of lighting, size,
height and location of signs;
6. Preserve, protect and enhance areas of historical, architectural, scenic and
aesthetic value, regardless of whether they be cultural, natural or man-
made; and • •
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7. Encourage the removal of off-oremise signs from designated scenic, cultural,
architectural or historic districts or corridors.
B. PROHIBITED SIGNS
The following signs are expressly prohibited within the City of Fort Worth:
1. Off-premise signs, unless provisions for such signs are contained in these
regulations.
2. Signs erected in violation of the City's building, electrical or sign codes, or
other applicable local regulations.
f 3. Signs erected In violation of federal or state law.
4. Port,ble signs, except those portable signs allowed under Subsection C.2.
5. Animated signs, flashing signs and signs that revolve or rotate at a speed
greater than ten (10) revolutions per minute. Nothing oontalned herein shall
be construed to prohibit time and tomperalure or other public Interest
electronic message signs which otherwise conform to the provisions of the
Sign Code.
C 6. Signs illuminated to such Intensity or brilliance as to cause glare or impair
vision. Lighting shall be shielded upward to prevent beams or rays from
being directed at any pt -ton of a traveled roadway or an occupied
residential area. Nothing herein shall be construed to permit the lighting of
signs located near airports which would conflict with any regulations adopted
by the f=ederal AviaWn AdminlstraWn In the furtherance of air safety. This
requirement shall not apply to Intemally lit signs with a lighting intensity of
less than 150 foot lamberts.
7. Signs erected in or projecting Into the public right-of-way unless an
encroachment agreement Is executed in accordance with the requirements
of the Sign Code and any other ordinances regulating encroachments.
• 8. Signs on vehlcles used or Intended to be used as an on-premise sign. It
shall be prima facie evidence that a sign is used as an on-premise sign if a
vehicle is parked on site for a contlnuous period exceeding seventy-two (72)
hours.
9. "V' type signs with a face that protrudes from the opposite face at an Interior
• angle greater than twenty-five (25) degrees. This restriction shall not be • •
construed to prohibit oval, cylindricai or box type signs.
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10. Signs with sign structure larger than Is reasonably necessary to support the
sign.
C. EXEMPT S1GtV3
The following signs are exempted from the requirements of this section:
1. Signs on vehicles, provided, however, signs on vehloies used or Intended to
be used as on-premise signs are prohibited pursuant to Subsection 8.8
above.
2. Temporary signs, as follows:
a) Temporary decorative flags,
b) Temporary public Interest signs, Including portable signs and banners,
anihounclng activities or other events of a public, cMc, philanthropic or
rellglous organization, subject to the following:
1) Signs shall be a maximum eize of sixty (60) square feet
2) Only one (1) such sign shall be allowed per platted lot per
street frontage.
C 3) No piggy-backing of signs, Is allowed.
4) No temporary sign shah be located within 100 feet of another
temporary sign.
5) Temporary signs shall be maintained for no more than three (3)
weeks.
6) Temporary signs must meet all requirements of the Sign Code.
c) Temporary on-premise signs, including portable signs, subject to the
following:
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1 } Signs shall be a maximum size of sbdy (60) square feet,
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2) Only one (1) such sign shall be allowed per business, not to
exceed two (2) signs per platted tot; provided that on lots with
more than 300 feet of street frontage, one (1) sign shall be
• allowed per business, not to exceed Viree (3) signs. • •
3) No p)ggy-backing of signs Is allowed.
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4) No temporary sign shall be located within 100 feet of another
temporary sign.
5) Temporary signs shall be permitted for a maximum period of
sixty (60) days, and no additional temporary sign shall be
permMed on the same lot for a period of thirty (30) days after
removal of the previous sign.
6) Temporary signs must meet all requirements of the Sign Code,
Including permitting requirements.
7) Except for schools and churches, temporary signs are
permitted only In the OF Commercial or less restrictive districts.
Where a *PD' Planned Development Zoning district Is involved
that Includes a site plan, the location of the portable sign must
be delineated on the required site plan,
3. Warning, security and directional signs for parking, etc.
4. Government signs, flags, Insignia, legal notices or Informational, directlonr l
or traffic signs.
5. Political signs erected solely for and pertaining to a public election, subiect to
C the following restrictions:
a) Said signs shall not be erected more than sixty (60) days prior to any
primary or general election to which the sign pertains.
b) Said signs shall be removed within thirty (30) days after the general or
run-off election to which the sign pertains.
c) Signs not exceeding eight (S) square feet In area may be erected in
any zoning district.
d) Signs not exceeding thirty-two (32) square feet In area may be
erected only in Districts 'E', 'F•R%, 'F', 'G', '1', 'J' and 'K
6. Signs in windows.
7. Ali signs not visible from off the property.
6. Homebuilder signs, subject to the following: ti
a) Signs will be allowed bemeen noon Friday and noon Monday only.
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b) Signs shall not exceed twenty-four (24) Inches by thirty (30) Inches in
( size, nor shall they be Installed more than four (4) feet above grade.
c) Signs shall have a minimum separation of twenty-five (25) feet and
signs for any one advertiser must be at least 200 feet apart.
d) Signs shall not be located loser than forty (40) feet to street
Intersection.
e) Signs shall not be located In the public r ghtof-way.
f) Signs shall not be located more than three (3) miles from the subject
property.
g) Signs shall be rigld, two-dimensional displays that advertise only new
one- and two-family properties for sale,
h) Written permission shall be obtained from owners of property where
sign is located.
9. Subdivision directional signs, subject to the fonowing:
a) Signs shall be a maximum size of sixty-four (64) square feet.
C b) Signs must be placed upon unimproved property with the permission
of the owner.
c) Signs must be placed at least 100 feet from any other subd€v€slon or
developer signs.
d) Signs may be erected for a maximum of one (1) year unless
additional one-year approval is given by the Board of Adjustment. A
maximum of two (2) one-year approvals shall be permitted by the
Board of Adjustment.
! e) Slgns shall meet all reoulrements of the Sign Code, Including
permitting requirements.
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10. On-premise development signs (signs Identifying a develope(s property and
sales office/model home sites), subject to the following:
a) Sales Office/Model Homes:
1) Signs shall be a maximum size of 200 square feet.
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C 2) Signs shall be a maximum height of twenty-five (25) feet.
3) No sign shall be illuminated between the hours of 10:00 p.m.
and 7:00 a.m.
4) Only one (1) sign per developer or builder is permitted.
6) Sign must be located on the site of the model home.
6) No sign may be ereclod for more than two (2) years.
7) Signs shall meet all requirements of the Sign Code, including
permitting requirements.
b) A developer's sign with a maximum area of 200 square feet may be
Installed within a subdivision being developed, subject to the following
regulations:
1) Such signs shall be located at major Intersections or upon
properties reserved fur commercial use within the subdivision.
2) A developer's sign may Include the names of active builders
who are building within the subdMslon.
3) Signs shall meet all requirements of the Sign Code, Including
pemutting requirements.
11. Nameplate and street address signs not exceeding one (1) square foot In
area.
12. One (1) non-illuminated real estate sign, temporary in nature, edvertising the
sale or lease of real property on which the sign is located or announcing
contemplated improvements of real property on which the sign Is located;
provided, however, that said sign shall not exceed eight (8) square feet in
any one- or two-family dwelling district and shall not exceed sbdy (60) square
feet in any other district; provided, further, however, on comer lots and
through lots, one (1) such sign shall be allowed for each street on which the
lot has frontage, r
13. One (1) construction sign, not exceeding forty (40) square feet in area and
not located In any one- and two-family dwelling district, denoting the owner,
architect, financial Institution, general contractor, subcontractor or any
• statement pertaining to the project on the real property on which the sign is ` • •
located; provided, however, on comer lots and through lots, one (1) such
sign shall be allowed for each street on which the lot has frontage.
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14. 'No Dumping' and %o Trespassing' signs.
C D. REGULATIONS GOVERNING ON-PREMtISE SIGNS
1. On-premise signs In agricultural, community facilities, mobile home, and
residential districts are governed by the district regulations set out In
Sections 2A, 28, 2C, 2D, 3 and 16A, as applicable.
2. Detached On-Premise Signs, in Commercial and industri I District
Unless exempted under the provisions of Subsection C, the following
regulations shall apply to ali detached on-premise signs erected In districts
'E" through W:
a) One (1) detached sign may be erected on each platted lot or on
property which Is subject to a Unified Sign Agreement executed in
accordance with Subsection E. Additional signs may be erected
under the following circumstances:
1) On comer lots and through lots and on comer tracts and
through tracts that are subject to a Unified Sign Agreement,
one (1) sign shall be allowed on each street on which the
property has frontage;
C 2) On lots having more than,100 feet of street frontage, more than
one (1) detached sign may be Installed provided that such
signs are at least WO feet apart and the total area of all signs
does not exceed the maximum allowable sign area set forth in
Subsection (b) below; and
3) On property subject to a Unified Sign Agreement having more
than 300 feet of street frontage, more than one (1) detached
sign may be installed provided that such signs are at least 3DD
feet apart and the total area of all signs does not exceed the
maximum allowable sign area set forth in Subsection (b) below.
b) The maximum allowable sign area shall be one (1) square foot per
linear foot of street frontage, not to exceed 672 square feet. Provided,
however, when the height is Increased as permitted by Subsection (c)
below, the sign area may be Increased by one (1) percent for each
foot of additional height not to exceed a ten (10) percent increase in
sign area, ' -
c) The maximum height of a detached sign shall be limited to twenty-five
(25) feet; provided, however, that the height may be increased one (1)
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C foot for every foot that the sign Is set back from all side property lines,
to a maximum height of sixty (60) feet or the permitted height of the
zoning district, whichever Is less.
d) No sign with a ground clearance of less than eleven (11) feet may be
erected within twenty (20) feet of a driveway or other Ingresslegress
to the property; nor shall any such sign be erected within any comer
clip or public open space easement (P.O.S.E.). No sign pole shall be
greater than tan (10) Inches In diameter within such a comer clip or
P.O.S.E.
3. Attached Sig~~ h~ C+merdal and Indus 'ai Districts
Unless exempted under the provisions of Subsection C, the following
regulations shall apply to all attached on-premise signs erected In districts
'Eo through W:
a) The total sign area shall cover no more than fifteen (15) percent of the
total area of the wall or facade, including doors and windows, on
which the signs are placed. Each tenant space shall be limited to
such fifteen (15) percent restriction.
b) Signs shall not project more than three (3) feet from the building or
C canopy. No sign projection shall encroach over public property
except s~ permitted by the Sign•Code.
c) Signs may be Installed upon the roof subject to the following
restrictions:
1) The area of the sign shall riot exceed fifteen (15) percent of the
area of the closest wall of the building above which the sign Is
placed.
2) The sign shall not exceed four (4) feet above the roof or top of
the parapet wall at the roof, whlciiever is higher.
• 3) All roof signs placed upon a building or buildings upon one
platted lot shall be similar in size, shape, area, and design.
E. UNIFIED SIGN AOREE MEN_iS '
1. Two (2) o. re adjoining lots or two (2) or more lots that are separated only
by right-. .y will be considered to be a single premises for the purpose of • p
erecting on-premise signs, if a Unified Sign Agreement is approved by the
1.
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City Council and executed In compliance with this section.
2. Jots llaible for Udl ed igtlAgreemen
In order to be considered to be adjoining, lots must be immediately adjacent
to each other and not at cross comers or connected by narrow strips of land
too small to serve as emergency access easements. Lots separated by
tht-of-way must be directly across the right-of-way and, except for the right-
of-way, must be adjoining and not at cross comers or connected by narrow
strips of land too small to serve as emergency access easements.
3. Criteria for An mval
In considering whether to approve consideration of multiple lots as a single
premises, the City Council shall consider the following criteria:
a) All areas to be oombined In the Unified Sign Agreement must be part
of a clearly defined unified oomrnerotal or Industrial development
constructed as a single destination point for customers and visitors.
Attributes of a unified commercial or industrial development indude:
1) common name klentificatlon to the public;
2) shared parking provided throughout the development;
3) sign structures utilized for shared signage, including
Identification of the common name of the development;
4) physical layout of the development results In a cohesive
development; end
5) the area should not be the combination of disparate premises
joined solely for the purpose of Initiating a Unified Sign
Agreement.
b) The signage proposed pursuant to a Unified Sign Agreement must
• demonstrate an overall reduction in sign clutter as evidenced by a
reduction In the number, size, and height of detached signs that f
would be allowed in the absence of a Unified Sign Agreement.
c) A Unified Sign Agreement shall be authorized only in an `E" or less
restrictive zoning district.
d) Property can be subject to only one (t) Unified Sign Agreement.
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4. Allowed Sianaoe
C a) Upon approval of a Unified Sign Agreement, all existing signs shall be
removed or brought Into compliance with this Subsection 17A,E. All
new signs constructed pursuant to the agreement and all existing
signs remaining on the property shall comply with Subsection 17A.E,
Existing signs shall not be considered to be legal nonconforming as a
result of erection of signs in accordance with the agreement.
b) Within the area of the Unified Sign Agreement, spacing between
detached signs shall be a minimum of 3DO feet.
c) The allowed size and height of signs shall be calculated as provided
for In Subsection 17A.D.2, 'Detached On-Premise Signs in
Comrnerdal and Industrial Districts', exoept that the length and width
of any right-of-way separating lots within the area shall not be
counted toward allowable sign square footage.
5. Sign Plan Roauired
a) A sign plan covering the entire area Included In the Unified Sign
Agreement shall be submitted to the City Council for approval. The
sign plan shall contain the following Information:
1) The location, size, and-height of all existing and proposed
signs;
2) Doscription of development within the area of the Unified Sign
Agreement demonstrating the attributes of a unified
commercial or industrial development as described in
Subsection E.3(a) above; and
3) Demonstrated compliance with Subsection E.3(b) above
showing an overall reduction In sign clutter as evidenced by a
reduction In the number, size and height of detached signs.
• b) A copy of the sign plan shall be attached to the Unified Sign
Agreement and may be amended only with the approval of the City
Council, upon compliance with the requirements set out In
Subsections EA, 'Allowed Slgnage', and E.6, 'Sign Plan Required'.
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6. Notice of Decision
C Upon review of a Unified Sign Agreement or an amendment of a Unified
Sign Agreement by the Development Director, notice shall be sent by regular
United States Mall to all property owners within 300 feet of the boundaries of
the area Included in the agreement, as Indicated on ft most recently
approved municipal tax rO. Such notice shall provide a description of the
Unified Sign Agreement and the location of the area Induded In the
agreement. The notice shall be malled no later than thirty (30) days prior to
consideration of the agreement by the City Council.
7• Execution Amendment Termination and Fi>ing of Unified Sion Agreements
a) The Unified Sign Agreement shall:
1) Contain the names and addresses of the owners and the legal
descriptions of all properties within the Unified Sign
Agreement;
2) State that all parties agree that the propeties covered by the
agreement may be collecWety treated as a single premises for
the limited purpose of determining the number, size and
location of on-premise signs permitted in accordance with this
Section 17A;
3) State that the agreement constitutes a covenant running with
the land with respect to all properties subject to the agreement;
4) State that all parties agree to defend, Indemnify and hold
harmless the City of Fort Worth from and against all claims or
liabilities arising out of or In connection with the agreement;
5) State that the agreement will be governed by the laws of the
state of Texas;
• 6) State that the agreement may be amended or terminated only
in accordance with Subsection (b) below;
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7) Be approved by the City Council and approved as to form by
the City Attorney;
8) Be signed by all owners of the properties included in the
• agreement; and •
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C 9) Be signed by all lienholders, other than taxing entities, that
have either an Interest in the lots covered by the agreement or
an improvement on those properties.
b) A Unified Sign Agreement may be amended or terminated as follows:
1) The amendment or termination agreement shall be executed
by all owners of the properties Included in the Unified Sign
Agreement, and all Iienholders, other than a taxing entity, that
have an Interest in (and covered by the agreement or an
improvement on such land.
2) termination agreement shall be approved by the City Council if
all signs on the property governed by the agreement are in
compliance with City sign regulations, as If no Unified Sign
Agreement had been executed. Any signs that are not In
compliance shah be removed or brought Into compliance prior
to approval of the agreement by the City Council.
3) In considering whether to approve an amendment to a Unified
Sign Agreement, the City Council shall consider the crtteria for
approval of Unified Sign Agreements set out In Subsectim E.3
above.
c) A Unified Sign Agreement or 6n agreement to amend or terminate
such an agreement Is not effective until the agreement is approved by
the City Council and approved as to form by the City Attorney, the
agreement is filed In the deed records In the county in which the
property Is located, and two (2) file-marked copies of the agreement
are delivered to the Director of Development.
F. NONCONFORMING SIGNS
1. Permitted Alteration of Nonconformina Suns
A nonconforming sign may be altered only as follows, subject to complying
with permitting requirements set out In the Sign Code:
a) The sign may be upgraded In accordance with Subsection F.2 below,
b) The letters, symbols or other matter on the sign may be cioanged;
• c) A sign which has been blown down or otherwise destroyed by wind, 4 0
fire or damages from any other source, may be repaired, provided
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that the cost of repairing the sign Is sixty (60) percent of the cost of
erecting a new sign of the same type at the same location, or less. If
the cost of repairing the sign Is more than sixty (60) percent of the
cost of erecting a new sign of the same type at the same location, the
sign may not be altered, reconsbWed, repaired or replaced, and the
owner shall remove the sign or bring it into compliance with the
Comprehensive Zoning Ordinance, the Sign Code and all other
applicable ordinances; and
d) Maintenance operations may be performed on the sign. For
purposes of this section, 'maintenance operations" means the
process of keeping a sign in good repair. Maintenance operations
include cleaning, painting, repair or replacement of parts in a manner
that does not alter or remove the basic design or structure of the sign.
Examples of actions that are not maintenance operations include,
without limitation, conversion of a sign from a multiple pole structure
to a monopois structure, replacement of wooden poles with metal
poles, and any task that requires removal of the display surface from
its supporting structure for any purpose other than changing letters,
symbols or other matter on the sign. If a algn is dismantled for any
purpose other than maintenance operations or for changing the
letters, symbols or other matter on the same, the sign may not be
C altered, reconstructed, repaired or replaced, and the owner shall
remove the sign or bring It into compliance with the Comprehensive
Zoning Ordinance, the :sign Code and all other applicable ordinances
All other alterations of any nature whatsoever in connection with
nonconforming signs a;e prohibited. If any such alteration is performed,
the owner shat remove the sign or bring ft Into compliance with the
Ccmprehensive Zoning Ordinance, the Sign Code and all other applicable
ordlna xs.
2. Upgrading Existing Off-Premise Signs
In order to encourage the removal of off-premise signs from designated
0 scenlc districts and corridors, an owner may upgrade an existing off-premise
sign, with City Council approval, under the conditions set out below.
a) Definition of "S1pgrA"*
For purposes of this section, 'upgrading" means making any change
to an existing off-premise sign, other than repairs and maintenance
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operations permitted pursuant to Subsection F.1 above, provided,
however, signs erected on buildings and multiple signs located within
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twenty-five (25) feet of each other on the same structure or separate
structures shall not be upgraded. Upgrading of off-premise signs
shall be permitted only in areas that have not been designated as a
scenic d(strict or corridor pursuant to Section 17A.G below. Upgrading
of off-premise signs in designated scenic areas is prohibited.
b) Calculatto of Credits for Removal of Off-Pre lr 81=
1) Any person wishing to upgrade an off-premise sign must
remove four (4) offmpremise signs from designated scenic
disWds or corridors and must have Square Footage Credits,
as defined below, equal to the size of the sign to be upgraded.
No credit will be given for signs that-have not been registered
in accordance with Section 29-31 of the Sign Code.
2) The Development Department shall create an socount for each
sign owner showing the date of removal and the location and
dimensions of the signs removed. The account shall reflect
two (2) types of sign credits, as follows:
a) one-fourth credit for each off-premise sign that Is
removed ('Structure Credit; and
b) one-fourth credit for each square foot of display area
that is removed, 9xcluding cut-out extensions ('Square
Footage Credit`). The number of Square Footage
Credits awarded shall be equal to the display area of the
sign, and shall not be Increased If copy Is displayed on
more than one (1) side of the sign.
3) Any sign credits not used within five (5) years of their creation
shall expire,
4) A sign owner may transfer sign credits; provided, however, the
transfer does not extend the five (5) year term of such credits.
c) Use of Ian Credits for Upgrading Off-Premis Sian
A permit to upgrade an off-premise sign shall be issued only if the
applicant has at least one (1) Structure Credit and sufficient Square
Footage Credits. When the permit to upgrade the existing sign is
issued, the Development Department shall deduct from the sign
owner's account:
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C 1) one (1) Structure Credit for each sign to be upgraded; and
2) Square Footage Credits equal to the square footage of display
area of the sign to be upgraded.
Ex. One (1) 672 square foot sign (with advertising copy on one (1)
only or on both sides) can be upgraded by using one (1) Structure
Credit and 672 Square Footage Credits. In order to earn one (1)
Structure Credit and 672 Square Footage Credits, it would be
necessary to remove four (4) off-premise signs with display areas
totaling 2686 square feat.
d) Procedure for Removal of Off-Premise aig
Any person wishing to obtain sign credits for removal of an off-
premise slgn shall submit written notice of Intent to remove the sign to
the Development Department, before taking any action to remove the
sign. The notice shag be submitted on a form provided by the
Development Department. No sign credits shall be awarded for any
off-premise sign that Is removed before the notice of Intent is
submitted to and accepted by the Development Department, except
as set forth below. Eligibility for credit shall be determined as follows:
C 1) Illegal Signs. No sign credits will be awarded for removal of
illegal off-premise signs.
2) Nonconforming Signs That Have Baen tlleaally Altered, No
sign credits will be awarded for Illegally altered nonconforming
signs that are required to be removed In accordance with
Subsection F.I.
3) ors Removed Pursuant to Eminent Domain, No sign credits
will be awarded for removal of signs for which compensation is
pald pursuant to eminent domain proceedings.
• 4) Remove} of Dameged..Nonoonformng Signs. No sign credits
will be awarded for the removal of a nonconforming sign that is
blown down or otherwise destroyed by wind, fire or damages
from any other source, where the cost of repairing the sign Is
more than sixty (60) percent of the cost of erecting a new sign
of the same type at the same location. If the damaged
• nonconforming sign can be repaired at a cost of sixty (60) • ,
percent or less of the cost of erecting a new sign, the owner
may elect to repair the sign. In the alternative, the owner may
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C remove the sign and receive sign credits for the removal. The
owner shall submit a notice of Intent to the Development
Department before removing the sign, unless the Immediate
removal of the damaged sign is required because it presents a
safety hazard,
o) tWnQrease in Area or Height,
M off-premise sign with a display area exceeding 672 square feet
that Is upgraded to accordance with this section shall be reduced to
no larger than 672 square feet The display area of a sign that Is 672
square feet or less in size may not be increased as a result of the
upgrade. No height increase is allowed for any upgraded sign,
n Toning Commission Recommendation and CVCouncil Approval
Requited.
The Zoning Commission shall conduct a public hearing on the
upgrade request and shall submit its recommendation to the City
Council. No off-premise sign may be upgraded without City Council
approval after a public hearing. Notice of the Zoning Commission and
City Council hearings shall be given in accordance with Subsection
C 25.13.3,
g) No Violation of Federal or State Lew.
Nothing herein shall permit a legal nonconforming sign to be
upgraded In violation of any federal or state law.
SCENIC PRESERVATiON COMMISSION
G.
1, There Is hereby created a Scenic Preservation Commission for the purpose
of making recommendations to the Zoning Commission regarding the
designation of areas of the City as scenic, cultural, architectural or historic
areas. Dosignatod scenic, cultural, architectural or historic areas are
• significant In two respects:
a) Upgrade provisions set out In Subsection F.2 above apply only to off-
premise signs located in areas that have not been designated as
scenic, cultural, architectural or historic areas; and
0 b) Four (4) signs must be removed from a designated area in order to • •
upgrade a sign In an undesignated area,
18
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2. The Scenic Preservation Commission shall consist of two (2) members of
the Historic and Cultural Landmarks Commission and three (3) at-large
members, to be appointed by the City Council. A quorum shall consist of
three (3) members. A majority of those members present and competent to
vote shall be required to approve any matter before the Commission.
3. The Scenic Preservaton Commission on Its own motion may Initiate
applications to consider designating any area within the City as a scenic,
cultural, architectural or historic area. In addition, applications may be
Initiated by of the City Council, the Zoning Commisson, the Plan
Commission or the Historic and Cultural Landmarks C(>mmisslon, or upon
the application of the owner of any property to be so designated. Written
notice of any application before the Scenic Preservation Commission shall
be given at least ten (10) days prior to any meeting to the owner or owners
of the property within such area to be so designated, as such ownership
appears on the last approved ad valorem tax roll.
4. Designation of property as a scenic, cultural, architectural or historic area
shall be an overlay designation. The Commission shall make a
recommendation to the Zoning Commission, either in favor of or against
designating all or any part of the subject area as .a scenic, cultural,
architectural or historic area. The same notice and hearing requirements as
C for changes in zoning shall be followed by the Zoning Commission and the
City Council at all hearings to designate any area as a scenic, cultural,
architectural or historic area.
5. Following are criteria for designation of scenic, cultural, architectural or
historic areas, standards for determination of widths and termination points
of corridors, and descriptions of designated districts and corridors.
a) An area must satisfy one (1) or more of the following criteria In order
to be designated as a scenic, cultural, architectural or historic district
or corridor.
1) Character of Fort Worth: distinctive in character, Interest or
• value as part of the development, heritage or cultural
characteristics of the City of Fort Worth, State of Texas or ttie
United States.
2) Architectural Significance: group of buildings which are
examples of a significant architectural styleldesign or
• - + •
Innovation or have been Identified as the work of an important
architect.
19
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C 3) Historic Event or Person: the site of a significant historic event
or Is Identified with a person or persons who significantly
contributed to the culture and development of the area.
4) Character of Neighborhood: represents a resource, whether
natural or man-made, which greatly contributes to the
character or Image ofa defined neighborhood or community
area.
5) Designated Historical Area: an area that Is designated as a
local Historic and Cultural Landmarks District, Conservation
District, Recorded Texas Historic Landmark or State
Archeological Landmark or is listed In the National Register of
Historic Places.
6) Wows and Vlstas: dramatic views, horizon lines, urban scenes
and vistas.
7) Gateways: is a primary gateway to the City.
8) Connecting Routes: routes that conned scenic districts even
though the route itself is of marginal value.
9) Parks: City, State or Federal parks and recreation areas or
other areas that are maintained by the City Parks and
Community Services Department
10) Natural Features: represents an example of a natural feature
including:
a) streams, lakes and wetlands
b) unusual geologkal formations
c) recreational areas and fkxxfpiains
d) outstanding areas of natural vegetation
• b) The following areas are designated as scenic, cultural, architectural or
historic districts
1) Fort Worth Stockyards National Register Historic District, as
shown on the map attached hereto as Exhibit 'A';
• 2) Central Business District, according to the 1982 CBD Plan • •
boundaries, as shown on the map attached hereto as Exhibit
.Be;
,
C 20
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3) Cultural District, according to the Fort Worth Cultural District
Master Plan boundaries dated March 7, 1990, as shown on the
map attached hereto as Exhibit 'C':
4) Medical District, generally described as the area from
Lancaster Avenue south to West Allen Avenue and from the
Tarantula railroad right-of-way east to the Burlington Northern
railroad right-of-way, as shown on the map attached hereto as
Exhibh'D';
6) Falm=nUSouthside Historic District, as shown on the map
attached hereto as Exhibit V;
6) Elizabeth Boulevard National Register Historic District as
shown on the map attached hereto as Exhibit "F';
7) Circle Park Conservation District, as shown on the map
attached hereto as Exhbit'G ;
8) Grand Avenue National Register Historic District, as shown on
the map attached hereto as ExhINIt'W;
C S) Masonic Widows/Orphans Home Historic District, as shown on
the map attached hereto as Exhibit 41%
10) Kenwood Court Historic District, as shown on the map attached
hereto as Exhibit V.
All district boundary lines shall be measured to the centerlines of all public or
railroad rights-of-way bordering the districts.
C) The following areas are designated as scenic. cultural, architectural or
historic corridors:
1) North Main Street from the Fort Worth Stockyards to the
Central Business District;
2) Lancaster Avenue from Camp Bowie Boulevard to South
Beach Street;
3) University Drtve/North Side DrivelOakhurst Scenic Diive from V
Granbury Road to Belknap Street `
{ 21
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4) Camp Bowie Boulevard from University Drive to I.H: 30 (West
Freeway);
5) I.H: 35W (North Freeway) from 28th Street exit south to the
centerline of the Trinity River,
6) l.H.-30 (East Freeway) from Central Business District east to
Loop 820 East;
7) U.S. Hwy. 287 (Martin Luther King Freeway) from Central
Business District southeast to Village Creek Road;
8) Hemphill Street from Allen Avenue south to Felix Street;
9) Jacksboro Highway (U.S. Hwy. 199) from Lake Worth (100
year flood plain - 600 feet elevation above sea level) to the
southerly end of Nine Mile Midge Road and from 500 feet
north of the Municipal Golf Couria to North Side Drive;
10) Loop 820 West (Jim Wright Freeway) from .25(1/4) miles north
to .25 (114) miles south of Lake Worth (100 year flood plain -
600 feet elevation above sea level);
C 11) Loop 820 East from .25(114) miles north of the first bridge
abutment north of MosleeLake to the southerly boundary of the
100 year Roodplaln of the West Fork of the Trinity River
(approximately 150 feet);
12) Randol Mill Road/1st Street from Haltom Road east to
Bridgewood Drive and from .25(114) miles east of Loop 820
East to John T. White Road;
13) East Berry Street from Mitchell Boulevard to Old Mansfield
Highway;
14) South Hulen Street from Vickery Boulevard south to Loop 820
South;
15) Bryant Irvin Road from Vickery Boulevard south to Oakmont
Boulevard;
16) Angle AvenueNadne Creek Parkway from Loop 820 West `
• (Jim Wright Freeway) to Northwest 28th Street;
22
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C 17) Evans Avenue from Terrell Avenue to East Berry Street;
18) Home Street from 1,H.-30 to Vickery Boulevard;
19) Amanda Avenue from Ramey Street to East Rosedale Street;
20) South Riverside Drive from I.H.-30 (East Freeway) to Wichita
Street;
21) 4th Street from Central Business District to South Riverside
Drive;
22) East and West Rosedale from University Drive to Loop 820
East;
23) Seminary Drive from I.H: 35W (Soutar Freeway) to Wichita
Street;
24) Vickery Boulevard from I.N -35W (South Freeway) to South
Ayers Avenue;
26) White Settlement Road from University Drive to the city limits of
C Westworth Village;
26) Ra€ltran Condor from tare east Fort Worth city limlt line west to
the Central Business District
d) It Is the Intent of this ordinance that the future alignment of S.H. 121
will be designated as a scenlc corridor upon determination of the final
alignment of such highway, after notice and hearing In accordance
with this section. Such scenic corridor shall be 66D feet wide from
each side of the public right-of-way.
e) The corridors described above along I.H.-35W, I.N.-30, Loop 820 and
U.S. Hwy. 287 are 660 feet wide from each side of the publlc right-of-
way. All other corrifts described above are 200 feet wide from each
side of the public right-of-way. It Is the Intent of this ordinance that In
the event Jacksboro Highway (U.S. Hwy. 199) Is widened, the width
of the scenic corridors along Jacksboro Highway shall be Increased to
660 feet wide from each side of the final alignment of the public right-
of-way.
23
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•
C f) When a corridor designated under this section ends at an Intersection
with a right-of-way which is not designated as part of a corridor, the
corridor shall terminate at the centerline of the non-designated right-
of-way.
H. Notwithstanding anything oontained herein to the contrary, any sign authorized
under Section 17A may contain noncommercial copy in lieu of any other copy.
SECTION 3.
This ordinance shall be reviewed three years after its effective date In order to
determine the effectiveness of the ordinance in reducing the number of off-premise signs
In designated scenic, cultural, architectural or historic areas of the City of Fort Worth.
SECTION 4.
This ordinance shall be cumul.1ve of aU provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1988), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, In
C which event conflicting provisions of such ordinanceo and such Code are hereby repealed.
SECTION 5.
It Is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent Jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by i
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
24
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r SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation Is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and an violations of the provisions of Ordinance No. 3011 or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinanos;
and, as to such accrued violations and all pending fitigation, both civil and criminal,
whether pending In court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final dtsposlition by the courts.
C SECTION 8.. ;
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days In the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 9.
This ordinance shall be In full force and effect from and after Its passage and
publication as required by law, and it is so ordained.
a
• • •
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CITY OF AUSTIN, TEXA -
ORDINANCE NO. 900b07•G
C AN ORDINANCE AMENDING ARTICLE VII (SIGN REGULATIONS), CHAPTER 13.2 (LAND USE),
TITLE Xlll (LAND DEVELOPMENT CODE) OF THE AUSTIN CITY CODE OF 1981 RELATING TO
THE REGUL.ATION OF SIGNS IN AUSTIN'S PLANNING JURISDICTION; CONTAINING OTHER
PROVISIONS RELATING TOTTiE FOREGOING SUBJECT; WAIVING THE REQUIREMENTOF SEC.
2-2-3 OF THE AUSTIN CITY CODE OF 1981 THAT ORDINANCES BE READ ON THREE
SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that:
(1) signs use private land and the sight lines created by the public rights-of-way to publish
messages designed to inform and persuade the general public; and
(2) the uruegulated construction of signs and other advertising structures and devices can
present structural hazards that threaten the health and safety of the citizens of Austin and can
impede and endanger traffic along public thoroughfares and easements;
(3) the control of sign locations and placement will promote and enhance the efficient and safe
use of public thoroughfares and easements;
(4) these interests are furthered by the adoption of this ordinance in that those provisions will
improve vehicular and pedestrian traffic safety and efficiency.
(5) the beautification and aesthetic character of the City will be advanced by reducing clutter
C created by unregulated signs and by encouraging creative, innovative use of allowable advertising
space; and
WHEREAS, this ordinance is intended to establish a comprehensive system for regulation of
signs within the City and its extraterritorial jurisdiction, with reasonable, non-arbitrary, and
nondiscriminatory standards and ccntrols designed to optimize communication between citizens
and their environment, for the better protection of the public and the aesthetic quality of the City,
and to ensure the availability of adequate quality signs to the community; and 4!
WHEREAS, this ordinance is intended to promote the public Yealth, safety, and general
welfare of the community, and, in part, to achieve the following purposes:
(1) To promote the safety of persons and property by providing that signs:
• (A) do not create a hazard due to collapse, fie, collision, decay or abandonment,
(B) do not obstruct fire fighting or police svrvtiIlance; and r
(C) do not create traffic hazards by confusing or distracting motorists, or by impairing the
driver's ability to see pedestrians, obstacles, and other vehicles or read traffic signs.
• (2) To promote tha efficient transfer of information in sign messages by providing that: • •
t ~ -
(,1) businesses and services may identify themselves; ,
(B) customers and other persons may locate a bus vies or senice;
CITY OF AUSTIN, TEXA
(C) no person or group is arbitrarily denied the use of the sight lines from the public right-
of-way for communication purposes; and
(D) persons exposed to signs are not so overwhelmed by the number of messages presented
that they cannot find the information they seek, and are able to observe or ignore messages,
according to the observer's purpose.
(3) To protect the public welfare and to enhance the appearance and economic value of the
landscape, by providing that signs:
(A) do not interfere with scenic views;
(B) do not create a nuisance to persons using the public rights-of- way;
(C) do not constitute a nuisance to occupants of adjacent and contiguous property by then
brightness, size, height, or movement,
(D) are not detrimental to land or property values; and
(E) contribute to the special character of particular areas or districts within the City,
helping the observer to understand the City and orient himself with it; and
WHEREAS, these standards are designed and intended to be compatible with all applicable
City ordinances, Federal, and State law, specifically including the Federal Highway Beautification
Act of 1965, as amended, and the Texas Highway Beautification Act of 1972; Now, Therefore,
C BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
PART 1. Article 411 (Sign Regulations), Chapter 13.2 (Land Use), Title X111 (Land Development
Code) of the Austin City Code of 1981 is amended to read as follows:
ARTICLE Vll. SIGN REGULATIONS
DIVISION 1. General Provisions
Scc.13-2-850 Dchrudons
Subject to additional definitions contained in Sec. 1.1.2 of the Code and in other chapters,
articles, divisions, parts, or sections of this Land Development Code, and unless the context ~
f otherwise requires, in this Land Development Code:
Advertising means to seek, attract, or duce[ the attention of the public to any goods, services, or
merchandi;e whatsoever, or to publish messages designed to inform or persuade the public.
• • •
Awnins; means a shelter constructed of materials on a supporting framework that projects from
and is supported by the exterior wall of a building. _
C Banner means a sign made of fabric or any non-rigid material.
2
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_ CITY OF AUSTIN, TEKA
Bulletin boar means a sign used for placement of announcements, usually composed of a material
to which small items can be easily attached.
C Cano means a freestanding structure with a roof but not walls.
Clearance bf a sin means the smallest vertical distance between the grade of the adjacent street
pavement or street curb and the lowest point of any sign, including framework and embeah-
ments, but excluding sign supports.
Commercial bast means a piece of fabric, or any non-rigid material, including banners and
pennants, displayed for commercial purposes. The official flag of a nation or of a state is not a
Icommercial flag,' notwithstanding any actual or presumed motivation for its installation,
maintenance, or use.
EIecnical sign means a sign containing electrical wiring, connections, or futures, or utilizing
electric current, but not including a sign illuminated by an exterioulight source.
FFcade means all building wall elevations, including any vertical extension of the building wall
(parapet), but not including any part of the building roof.
Freestanding sign means a sign not attached to a building, but supported by a structure extending
from and permanently attached to the ground.
Frontage means a boundary line separating public right-of-way abutting a lot from the ;or.
L Hazardous siren, for purposes of this Article, is any sign described and prohibited by Sec. 13-2-888.
Height (of a sign) means the vertical distance above grade, street pavement, or building facade,
as applicable, measured to the highest point of the sign
Install a si means to create or put into place a sign at a particular location by any means,
including without limitation the total or partial construction, fabrication, or assembly of a new
sign at the location; moving a sign to that location from any distance; posting, nailing, pasting,
stapling, or oche. wue attaching or affixing a sign to an existing support; or the lettering or paint-
ing of an existing surface to create a sign
Lot means a parcel of real property with a separate and distinct number or other designation
shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the
county clerk; or a parcel legally created or established pursuant to applicable law.
•
r1aintenancg means the cleaning, painting, repair, or replacement of defective parts of a sign in ~
a manner that does not alter the basic copy, design, or structure of the sign
LlMwte means a permanent roof-like structure or awning of rigid materials attached to,
supported by, and extending from the facade of a building, including a false 'mansard roof.' v
Nlultirenant c ter si,7 means a sign advertising two or more retail, wholesale, business, • •
industrial, or professional uses (not necessarily under single ownership) utilizing commonfacilides
including off-street parking, access, or landscaping.
vc
3
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•
CITY OF AUSTIN, TEXAS
Sec. 13-2-852 Duties and Powers of the Building Official
(a) The Building official shall enforce and implement the terms of this Article, including without
limitation:
(1) issuing permits and collecting the fees required by this Article;
(2) conducting appropriate inspections to insure compliance with this Article;
(3) instituting legal proceedings, including suits for injunctive relief when necessary, to insure
compliance with this Article; and
(4) investigating complaints of alleged violations of this Article.
(b) Whenever a sign owner or user establishes to the satisfaction of the Building Official that
practical difficulties exist in canying out the provisions of this Article, the Building Official may,
on a case by case basis, authorize installation of a sign exceeding the applicable size or height
restriction by an amount of up to 20% of the maximum size or height authorized by this Article,
if the P-idding Official determines that:
(1) a special and unique reason exists which makes strict compliance with the requirements of
this Article impractical;
(2) the modification is in conformity with the intent and purpose of this Article; and
C (3) the modification does not lessen any public safety requirements.
(c) The details of any action granting a in the files of the City agency responsible for the enforcement of ) this Article, shall be orded and
enterd
Sec. 13-2-853 Abatement of a Hazardous Sign
(a) Pursuant to the notice required by this subsection, the owner of a hazardous sign, the user
of a hazardous sign, the owner of the property on which the hazardous sign is located, or anyone
or all of the above, shall remove, modify, or repair a hazardous sign so that the hazardous
condition is abated. Notice that abatement of a hazardous sign is required shall be given by the
G Building Official to any of the persons named in the preceding sentence and shall be by certified
mail, return receipt requested, or by handAelivery. The Building Official shall provide a
• reasonable period of time (not to exceed ten days after the person's receipt of the notice) for a
person to take the action required by the notice. The notice shall include a statement of intent
by the Building official to exercise the powers granted by subsection (b) if the hazardous sign is
not abated.
(b) If a hazardous sign has not been abated in accordance with the Building Official's notice Y
under subsection (a), the Building Official may enter the premises and abate the hazardous C
condition. The reasonable cost of abating the hazardous sign, together with interest on the • •
unpaid balance at an interest tale of 6%, shall be taxed as a lien against the record owner of the
property on which the sign is located.
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CITY OF AusnN, TExA
(c) A sign removed under subsection (b) shall be held by the Building Official for period of no
less than ten days after its removal and before disposing of the removed sign If during this
period the owner of the sign pays the storage fee established by City Council, the Building Official
shall return the sign to its owner.
(d) The remedies provided under this section are not exclusive to other remedies or enforcement
actions available under law. T' is section in no way restricts or modifies any method authorized
by law to seize evidence of a crime.
Sec. 13-2-854 Nonconforming Signs
(a) For purposes of this Article, a'nonconforming sign' is a sign that was lawfully installed at
its current location but that does not comply with this Article.
(b) A nonccnforming sign may be continued and maintained at its existing location, and may
be changed or altered as follows:
(1) No change or alteration shall increase the degree of the existing nonconformity.
(2) The face of the sign may be changed.
(3) A nonconforming sign may be relocated on the lot, tract or parcel remaining after land on
which the sign is located is taken by condemnation or eminent domain, or is conveyed,
dedicated, or an easement or right-of-way is granted under threat of condemnation, or is
C caused to be moved by the application of other regulations; provided the Building Official
determines the sign as relocated will not be a hazardous sign.
(4) A nonconforming sign may be altered, changed, modified, or replaced, if the alteration,
change, modification, or replacement: (t7 reduces the sign area by at least 20%, or (u7
reduces the height of the sign by at least 200A, or (iii) reduces both sign area and height of
the sign by an amount which, combined, is equal to at least 20% of the sign area and height.
(c) A nonconforming sign may not be reconstructed, repaired, or replaced, and shall be removed,
if the sign, or a substantial part of it, is destroyed or dismantled for any purpose other than
maintenance operations or for changing the letters, symbols, or other matter on the sign
Reconstruction, repair, or replacement of a nonconforming sign shall be completed no later than
90 days following the date of the damage or initial dismantling. For purposes of this subsection,
a sign, or a substantial part of a sign, is considered destroyed or dismantled for any purpose other
than maintenance operations only if the cost of repairing the sign is more than 60% of the cost
of installing a new sign of the same type at the same location f
Sea 13-2.855 through 132-859 Reserved
Reserved for future expansion.
6
CITY OF AUSTIN, TEXAti-
DIVISION 2. Regulations
C Sec. 13-2-660 Applicabay
(a) For the purposes of this Article, all territory within the City's planning jurisdiction is
classified into a sign district established by Sec. 13-2.861.
(b) When property is not otherwise classified as being within a sign district under Sec. 132.861
because it has not been permanently zoned, the Building Official shall determine the use or
proposed use and shall decide which base zoning district would be the most restrictive base
zoning district in which that use would be a permitted use. After making that classification, the
Building Official shall classify the property as being within a sign district based on the presumed
base 2orung district determined according to the previous sentence.
Sec. 13-2-861 Sign Districts Defined and Established
(a) For purposes of this Article, "sign districts" are defined and established in the following
hkrarthy, with the 'Historic' as the first sign district and "Commercial" as the last sign district.
(1) Historic. The "Historic' sign district includes land within the boundaries of (i) a designated
historic landmark or historic district, or (n) a 'National Register District; as that term is
defined in Sec. 13-2-763.
C (2) Expressway Corridor. The 'Expressway Cosridoi sign district includes all land within 200
feet of the public right-of-way of (i)1H-35, and (ir) those portions of U.S. Highway 183, U.S.
Highway 290, and State Highway 71 that are currently developed as a limited access
highway, or have been designated by the State Department of Highways and Public
Transportation as a limited access highway and for which a corstnrction contract has been
let.
(3) Scenic Roadway. The 'Scenic Roadway' sign district includes land within the boundaries of
a Hill Country Roadway corridor and within the Principal Roadway Area of a Scenic Arterial,
as each of those terms is defined in Sec. 13-2-1, and, for purposes of this Article, shall
include all land within Austin's extraterritorial jurisdiction that would be within a Hill
Country Roadway corridor or the Principal Roadway Area of a Scenic Arterial if that land
were also wit.,:n Austin's zoning jurisdiction
• (4) Low-density Residential. The "Low-demity Residential' sign district includes land within the
boundaries of any zoning more restrictive than the SF-6 Townhouse and Condominium
zoning district '
(5) Multifamily Residential. The "Mvltifamr'ly Residential' sign district includes land within the
boundaries of the following zoning districts.
• (A) SF-6' Townhouse and Condominium Residential • •
(B) MF•1 Multifamily Residence (Limited Density)
(C) MF-2 Multifamily Residence (Low Density) ,
(D) MF-3 Multifamily Residence (Medium Density)
(E) 1.1 F-4 Multifamily Residence (Moderate High Density)
7
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CITY CFAtJsnN, TFXA
(F) mF-S Multifamily Residence (high Density)
(G) MF•6 Multifamily Residence (Highest Density)
C (fi) MH Mobile Some Residence
(1) NO Neighborhood Office
(J) AG Agricultural
(K) DR Development Reserve
(6) Neighborhood Commercial. The 'Neighborhood Commercial" sign district includes any site
that is located within the boundaries of an LO, LR, CR, or W/LO zoning district.
(7) wntoThe 'Dovvatowri s;gn district includes all land within the boundaries of the
CBD and the DMU zoning districts.
(8) Cornmercia The 'Commercial' sign district includes all land that is not within the
boundaries of any other sign district
(b) The hierarchy of the sign districts established in subsection (a) is for the purpose of
establishing appropriate regulations for land located in two or more sign districts. If the particular
location of a sign is within the boundaries of two or more sign districts, that location shall be
within the sign district that appears first on the hierarchy.
(c) For purposes of this Article only, a nonconforming use shall be classified under this section
as being within the sign district that would apply if that nonconforming use were located in the
most restrictive zoning district in which that nonconforming use is a permitted use.
C Sec. 13-2-862 Signs Authorized in All Districts
(a) A sign described in this section may be installed, moved, structurally altered, structurally
repaired, maintained, or used in any sign district without first obtaining a sign irutailadon permit
from the Building Official. A sign described in this section shall comply with all applicable
restrictions and Iimitations imposed by this section, all other requirement% of this Article ano this
Code, and any other applicable law.
(b) Temporary construction. real estate, or development siQa. A temporary construction, real
estate, or development sign is a freestanding or wall sign advertism-, the construction, remodeling,
development, sale, or lease of a building or the land on which the sign is located, Thu type of
sign may be displayed no earlier than 30 days before the commencement of the activity and shall
be removed no later than 30 days after the completion of the activity. A sign described by this
• subsection shall comply with the following regulations:
(1) No more than one sign is authorized on each lot; except that one sign per major access to ,
the development is authorized if a lot is used together with one or more contiguous lots for
a single use or a unified development (e,g,, a shopping center).
• c •
(2) The maximum sign area of a freestanding sign in a Low-density Residential sign district is
12 square'feet; in a Multifamily Residential sign district, 48 square feet; and in all other sign •
districts, 128 square feet.
(3) The maximum sign area of a wall sign in all sign districts is equal to 10% of the building
facade.
8
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Wifigballil I =40 i&
CITY OF AUSTIH, TEU
(4) The maximum height of a sign is six feet above grade in a Low-density Residential sign
district. The maximum height of a sign in any other sign district is 22 feet above grade.
C (c) Directional sign. One freestanding or one wad sign per building or per curb cut is
authorized solely for the purposes of directing the movement or placement of vehicular or
pedestrian traffic. Maximum sign area is 12 square feet, The maximum height of a freestanding
directional sign is four feet above grade. A directional wall sign shall not exceed the height of
the facade.
(d) Government sign. A government sign is a sign installed, maintained, or used (i) by the State
of Texas or the federal government, required or specifically authorized for a public purpose
pursuant to regulations promulgated by the state or federal government; or (u) a traffic-related
sign installed by any goverrunent agency within public right-of-way.
(e) otiday and seasonal decoratio A decoration that displays or depicts a national, local, or
religious holiday or season is authorized by this subsection, if installed, maintained, or used for
a .maximum of 45 consecutive days.
(f) Incidental sit rt. An incidental sign is a small sign, emblem, or decal informing the public of
goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating
hours of business), and is authorized by this subsection when located in any sign district other
than the Low-density Residential or Multifamily Residential districts. The total sign area of all
incidental signs per premise shall not exceed six square feet
(g) Lnformation sigrts. These include bulletin boards, changeable copy directories, or signs
relating solely to public, religious, or charitable institutions, intended for use by the institution
on which the sign is located. A maximum of one information sign shall be allowed per institution.
Maximum sign area of an information sign is 32 square feet; and maximum height is six feet
above grade.
(h) Memorial sines. Memorial signs or tablets, and names and dates of construction of a
building when cut into a building surface or inlaid upon it to become part of the building,
including freestanding historical markers,
(i) Menu boards. A menu board is a freestanding or wall sign used for the purpose of informing
patrons of food which may be purchased on the premises. Maximum sign area of a menu board
is 32 square feet and the maximum height is eight feet above grade. A menu board shaU be
landscaped and substantially screened from the public tight-of-way. No more than two menu
boards are authorized for each drive-through lane at a business.
•
(j) Nadates. Anameplate is anon-electrical, on-premise sign which communicates only the - l
name of the occupant or the address of the premises. A nameplate is exempt under this
subsection if it does not exceed three square feet in sign area.
(k) Point-of-Sale sistns. A point-of-sale sign is a sign advertising a retail item accompanying its
di.play (e.g,, an advertisement on a product dispenses). `
0) Political slit ns. A political sign is any device announcing or promoting the candidacy of one
or more persons for elective public office, or concerning any political issue appearing or which
( is to appear on the ballot in any public election. A political sign shall be removed no later than
30 days after the election or referendum to which the sign applies. Maximum sign area of a
9
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CITY OFAUSnN, TEXA
Political sign authorized by this subsection is 32 square feet. A political sign authorized by this
subsection shall include the name and address of the person or persons responsible for installation
and removal of the sign.
l (m) Flag or banner. A flag, banner, or other similar emblem that is not a commercial flag is
authorized by this subsection if suspended entirely over private property.
(n) Tem-orary wall sign. An on-premise wall sign of a nonpermanent nature advertising a
special event, sale, product, or service may be displayed for 30 days. A temporary wall sign shall
not exceed 304b of the window area if in a window, or 96 square feet if attached flat-wise to a
building. The sign shall include the date it was installed.
(o) Window or door surface signs. A sign installed on or in a window or door is authorized by
this subsection. The total sign area of all window and door signs shall be included in calculating
the maximum sign area authorized at a particular location
(p) Neighborhood signs. Installation of a sign on private property (not located within the public
right-of-way) that advertises a garage sale, y: rd sale, neighborhood meeting, etc., is authorized
by this subsection for a maximum period of three consecutive da)i. Notwithstanding the
preceding sentence, a sign that relates to a lost or found pet maybe installed for maximum period
of 30 days. A sign subject to this subsection shall include the date it was installed.
(q) Small signs. In any sign district except the Historic or Low-Density Residential sign districts,
and if otherwise authorized under this Article, the following is authorized:
C (1) a wall sign of no more than 32 square feet of sign area and no more than three inches thick,
if securely affixed to a building, fence or wall, or
(2) a freestanding sign no more than eight feet in height above grade and 20 square feet of sign
area; and
(3) the sign is not an electrical sign;
(4) the sign is composed of durable materials; and
(5) the sign otherwise complies with applicable sign district reguladons concerning the type,
maximum number, maximum height, and maximum size of signs.
(r) Interior wall sistn. A sign installed on the interior wall of a building is exempt under this
• subsection, even if that sign is visible from public tight-of-way.
Sec. 13-2-863 Sfg~s Prolubited i; All Districts
The following signs are prohibited in the City's corporate limits and extraterritorial jurisdiction,
• unless the Building Official is presented with persuasive evidence that the otherwise prohibited • •
sign is a nonconforming sign:
(1) An off-premise sign, unless the sign is specifically authorized by some other provision of this
( Article. An off-premise sign is a sign advertising a business, person, activity, goods, products,
10
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CITY of AUSTIN, TEXAZ~1_~- -
7sign ually located on the site where the sign is installed, or that directs persons
ot on that site.
C a vehicle or trailer that is parked or located for the primary purpose of
n.
(3) Festoons, meaning tinsel, strings of ribbon, small commercial flags, streamers, pinwheels, or
similar devices. Tszc4 th W~
(4) portable signs. A portable sign is a sign not permanently affixed to a building, structure, or
the ground; designed or installed in a manner allowing the sign to be moved or relocated
without any structural or support changes. This definition does not include a sidewalk sign
installed, used, of maintained pursuant to Sec. 13-2-87S.
(5) Tethered, pilotless balloons or other gas-filled devices used as a sign.
(6) Flashing signs. A flashing sign uses an intermittent or flashing light source to attract
attention; but for purposes of &Ss section an elecuonically controlled changeable-copy sign
is not considered a flashing sign.
(7) above sign
s street pavement egra a or has a clearance of less than nine feet above street pa ement
grade.
Sec. 13-2-864 placement of Signs on Utility poles or in Public Flight-of-Way Prohibited
C (a) No person shall, either directly or indirectly, cause or authorize a sign to be installed, used,
or maintained on any utility pole, traffic signal pole, traffic signal controller box, tree, public
bench, street light, or any other structure located on or over any public property or public right-of.
way, located within the City's planning Jurisdiction, except as authorized by this Article.
(b) The primary beneficiary of any sign installed in violation of this section shall be presumed
to have authorized or caused, either directly or indirectly, the installation, use, or maintenance
of the sign in violation of this section and shall be guilty of a violation of this Land Development
Code.
(c) The Ciry Manager or any person designated by the City Manager shall have the authority and
the duty to remove, or cause to be removed, any sign or other advertising device installed, used,
or maintained on or over any public ptopetty or public right-of-way in violation of this section
Notvrithstanding any other provisions of this Article, no notice is required to be given to any
owner or beneficiary of a sign removed under authority of this section, either before the removal
or before any subsequent disposition or destruction of such sign.
(d) This section does not prohibit the installation, use, or maintenance in public right-of-way of
a sidewalk sign, a projecting sign in the Downtown sign district, or a street banner, if the sign • •
f otherwise complies with the requirements of this Article. This section also does not prohibit the
installation, use, or maintenance of a wall sign that is mounted flat-wise against the 1 :i ruing a:.A
extends no more than l8 perpendicular inches from the facade of a building and into public
{ right-of-way, if the sign otherwise complies with the requirements of this A3ticle.
11
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MY OF AUSTIN, TEXAS
Sec. 13-2-865 Signs Authorized in the Low-density Residential Sign District
C No sign shall be installed, maintained, or used in the Low-densiry Residential sign district unless
specifically authorized by Sec. 13.2.862 or by some other provision of this Article. Jr
Sec- 13-2-866 Signs Authorized in the Historic Sign Mtrid
(a) Except for a sidewalk sign authorized by Sec. 13-2.875, and notwithstanding any other
provision to the contrary in this Article, no sign installation permit shall be issued, and no sign
shah be installed, within the boundaries of a designated historic landmark or historic district
except in compliance with the requirements of Part B (Requirements for Historic Landmarks), '
Division 4 (Other Site Development Requirements), Article Vl (Site Development Regulations).
(b) No sign installation permit shall be issued by the Building Official relating to a sign in the
Historic sign district until the Landmark Commission has reviewed and approved the application
for the permit. The Building Official shall immediately notify the presiding officer of the
Landmark Commission of an application to install a sign in the Historic sign district. Written
notice of the date, time, and place of the meeting at which the Landmark Commission wrll
consider the application shall be given to the applicant and to the owner of the land on which
the applicant seeks to install the sign, if the applicant is not the owner, pursuant to Sec. 13-1-202
no less than ten days before that meeting. The applicant and, if the applicant is not the owner,
the owner may waive the ten days' notice of the hearing. The failure of the Landmark
Commission to review an application no later than 40 days after the date the application was filed
shall constitute approval by the Landmark Commission of the sign application permit
C (c) In reviewing an application to install a sign in the Historic sign district, the Landmark
Commission shall consider the proposed size, color, and lighting of the sign, the material from
which the sign is to be constructed, the proliferation of signs on a single building or lot, the
proposed orientation of the sign with respect to structures, and such other factors consistent with
the Historic Landmark Preservation Plan, the character of National Register District, and the
purpose of,,`storic landmark regulations. The Landmark Commission shall approve an application t
for a sign installation permit if it finds the proposed sign will not adversely affect any significant t '
architectural or historical feature of the Historic sign district and is appropriate anc: consistent ; S
with the spirit and purposes of the Historic Landmark Preservation Plan, the character of National
Register District, and the purpose of historic landmark regulations. `t
(d) The following are prohibited in the Historic sign district
~ (1) a sign, or any portion thereof, that rotates;
I
(2) a roof sign; or
(3) a sign which flashes or blinks at intervals. {
• (e) No handbill, poster, placard, or other advertising device of a temporary nature maybe placed ;
on any structard in the Historic sign district except inside a window or on a bulletin board, and
in either instance with the consent of the owner or the tenant.
1 ~ 5
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CITY of Atr5T1!t, TEXA
(f) The applicant, or the owner, if the applicant is not the owner, of the land on which the sign
is to be installed may appeal the decision of the Landmark Commission under this section to the
City Council in accordance with the procedures of Chapter 13-1.
C
Sec. 13-2 867 Table of Standard Sign Regulations
The table begins on the following pages
i
13
•6t v'n4.i
1
DF-STATWA
Historic: see Sec, 10.2-66 for regWM".
Low-densN Residential: see Sec. 13-2-63 for r60WOns.
frresswaY Scenic Mumam NeiohOOrf+ood
corriaor Roadx As.loemYW eel Do-wrdwn
Signs authorized:
frsestanding: Yes Yes Yes Yes Yes Yes
'
Wal: Yes Yes Yes Yes yes Yale
Commercial Flag Yes No Yes Yes Yes yes
Roof S kA
O
su itsU Wed for a
frso at anoinq fyo No Yes N
sign: Yes No No
Freeslandng signs One PK Ora'
aWhorized Par lot: One OM Curb Cut One OM1e ~
Maximum sign area 01 square 1001 Per 0.4 square fast Par 35 square fast 0.3 square fat Par O.S wpm feel w 0.7 square foot per
of whorizad linear foot of mean foot of blear foot of Breen foot Cf finer loot of
freastsMing sign: fronts" or 60 frontage; UP 10 a frontage; up to a frorsagr UP to a frontage; up 10 a
equate test, MW*Mm of 64 madrrham of 100 my ntan of 200 mexlmum of 200
(1n CaWaling, the whwwver is square fast square hat square feel ~ fast Cie a
mzuchnum sign larger, up to a rr ud*wt cm do
area of a free• mrodmtxn d 300 sign or 260 square
stanaeg sign on *Wars feet feet for a
a corner iol " rttritltwwo 0"or
the WOW slrgh sign
frontage Is court-
ed.)
see Sec. 13-2-70 ~iond Fnata)dkg S'gro) G
e:
,
;c.
i
Sae 13.2.87 TABLE OF STANOARa SIGN REGULATIONS
H,Vork: see Sac 13-2-M W regulallOr'l
Lav~ensN ReaifeNw: see See. 13.2US for reQu> bm
F,r,Dresswat SCWUC MuAf Nei Dorho Downg
RssldOrlial oror-
Road-way
0.5 square fat per 10% of 44060 20% of WA40 20% of facade
Maximum sign area 20% of facade 10% of fa afa
Of sA o(hof S" Orb of "not t5 are t kit is hoar fod of use of trot M1rsi 15 Ytx ~ too of Me bL A&V
(aggre00 clot): foot of buk*Q feel of bo" trorxsge; root to feet of bradtrg IwigM
hogtit twtg*a "Cow a total of lwigN
35 square feet Q
0
121eM above ebt teat above 20 feel above eat feel above h30 few AW"
Maxw m+ nsight of 35 teal above frontape street grade
H
or sa graft.
palverram
freestanding frontage street graft grade °fro°
?
above o or s8c le m above
pavement gads, or yt feet above
et
or 20 ta* above grads at " base grade at tot bee
grade at lh0 but at the sigm d ttre Wgrk
of the sipr4 wtkham b wNdwwr Is
wNChever is HOW Ngher
t*)W
Corrmerdal Flags:
brrw a for aartw a fix
Maximum h6gm eerrw as for N JA 30 fat freatr+*V sign 30 fast he0oterodhq sign >
above grade: trat•AyV*q etpn
_ Par ore per COG Per one pK
Maximum numbar ono per iforot curb cut pxb cut curb tae Curb Gil
per la, axb out
W~'!Af'. h~+ar~s rs.s st~aanrrtl'~>iaY"^r~' ITn rV .r+ r:
' ~~Y 77
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CITY OF AUSTIN, TEXA
Sec- 13.2.868 Regulations in the Scenic Area Sign District
C (a) Spotlights on signs and exterior lighting of signs in a Hill Country Roadway Corr]]id
be concealed from view and shall be oriented away from adjacent properties and road(b) Internal lighting of signs is prohbited, except where the internal lighting is only of iletters.
(c) Notwithstanding the sign setback requirements established by Sec. 13.2-886, instaa sign or sign support is prohibited less than 12 feet from the public right-of•way, or
lefeet from street pavement or curb in the right-of-way, whichever distance is less.
Sec. 13.2-869 Additional Regulations in Downtown Sign District
(a) A commercial flag may be suspended over public right-of-way only in the Downtown sign
district.
(b) For purposes of this section, a "projecting sign" it a wall sign that extends over public
right-of-way for a distance of more than 18 perpendicular inches from the building facade.
W A projecting sign is authorized only in the Downtown sign district. A projecting sign may
extend from the building facade for a distance of six feet, or a distance equal to two-thirds the
width of the abutting sidewalk, whichever distance is less. A projecting sign shall not exceed 35
square feet in sign area.
(d) Only one projecting sign is allowed per building facade.
C
(e) No projecting sign shall project over state public right-of-way without state approval.
Sec. 13.2-870 Additional Regulations for Freestanding Signs
(a) In the Expressway Corridor, Downtown, and Commercial sign districts, two freestanding signs
are authorized on a lot with total frontage of more than 400 feet abutting a roadway. On a lot
fronting on two streets, one freestanding sign maybe installed on each street.
(b) A lot used together with one or more contiguous lots for a single use or unified development
(e.g., a shopping center), including any lots used for off-street parking, shall be considered a
single lot for purposes of these regulations.
(c) Notwithstanding any language to the contrary in subsection (b), a pad site or satellite tract
within a unified development, whether or not legally subdivided (such as a site for a free-standing
service station or restaurant set apart from the unified development) shall be considered a
separate lot for purposes of this section, and one free-standing sign shall be permitted on each
• such site. • •
16
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-CITY OFAUSTIK TE XA
Sec. 13.2-871 Roof Signs
(a) In the Expressway Corridor or CornrnercW sign district, a roof sign is authorized only if
substituted for an authorized freestanding sign.
(b) The height of a roof sign shall not exceed five feet above the height of the building facade
or the maximum height for a freestanding sign, whichever height is less.
Sec. 13-2.872 Subdivision Identification Sign
Two permanent subdivision identification signs with a maximum combined total sign area not
greater than 128 square feet are authorized for each major project entry to a multi-lot,
masterplanned subdivision For purposes of this subsection, a %ubdivision identification sign' is
a sign identifying a residential or commercial :vbdivisiom
Sec. 13-2-873 Advertising Searchlights
(a) For purposes of this section, an 'advertising searchlight" means a searchlight used to direct
beams of light upward for advertising purposes.
(b) Use of an advertising searchlight at any location is authorized upon issuance of a permit by
the Building Official. The Building Official shall issue a permit for the use of an advertising
searchlight if the applicant demonstrates compliance with the following regulations:
(1) No more than four beams of light may be projected from any lot. The maximum light
intensity generated by all searchlights located on any lot shall not exceed 1,600 million foot
candles in the aggregate.
(2) A searchlight located within 25 feet of public right-of-way shall be positioned and operated
to project beams at a minimum angle of 30 degrees above grade leveL
(3) The searchlight shall be designed, maintained, and operated to prevent rays of light from
being directed at any portion of public right-of-way or an adjoining property, and shall be
operated in a manner that does not impair the vision of a driver of any vehicle.
(4) An advertising searchlight shall not be operated between the hours of 1:00 a.m and 7:00
a.m.
•
(5) No advertising searchlight shall be operated on a lot for more than ten consecutive days.
No permit shall be issued to operate an advertising searchlight at a location at which an 1
advertising searchlight was used within the two months preceding the date of a permit
application.
• (6) An advertising searchlight shall be located and operated in a mariner consistent with all
other applicable ordinances and regulations, including without limitation the Airport Hazard • •
Zoning Ordinance, adopted by the Robert Mutter Municipal Airport - Bergstrom Air Force
Base Joint Airport Zoning Board.
17
qTY OF AUSTIN, TEXA
Sec. 132-874 Street Banners
C (a) For purposes of this section, a "street banner is a banner hung over a street maintained by
the City of Austin.
(b) The Building Official is authorized to issue a permit for display of a street banner advertising
non-commercial or non-political events, including without limitation:
(1) events of a charitable, hurnardtarian, or eleemosynary nature;
(2) evens of an educational, scholastic, or artistic nature;
(3) other non-commercial or non-political activities of community or public interest; and
(4) the sale of goods or services iri conjunction with an event the proceeds of which will inure
primarily to a charitable, humanitarian, scholastic, or eleemosynary purpose.
(c) The Budding Official shall issue a street banner display permit after making the following
findings:
(1) the advertised event is non-commercial or non-political in nature;
(2) the proposed display location has been approved;
(3) mounting at the proposed location is feasible in light of the placement of utility poles,
mounting brackets, or other facilities;
L (4) the street banner complies with and can be installed in a manner that complies with
specifications established by the City of Austin Electric Utility Department ("Electric Utility');
and
(5) installation of the street barner complies with all other applicable requirements of this Code.
(d) A street banner display permit issued under this section may be issued subject to reasonable
conditions established by the Building Official for location, mounting, duration, or manner of
display. A display permit constitutes a revocable license subject to suspension or revocation if
there is a viniation of this Code, the conditions of the permit, or applicable law; and confers no
continuing property right upon the permittee with respect to occupancy of public right-0f-way.
No display pet,mt may be assigned, transferred, or othenvise inure to the benefit of any person
other than the pernSttee.
(e) A street banner shall be installed by the Electric Utility, or its designee, following:
(1) verification of approval of a street banner display permit;
(2) delivery of the approved street banner to the appropriate office of the Electric Utility, or its i "
• designee;,and • a
(3) verification by the Electric Uri5ty, or its designee, that the street banner conforms with
current street banner specifications.
18
c'"'T "1
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-CITY OF AUSTIK TEXAS
(f) No one event or activity may be advertised at more than three locations. A street banner
shall not be displayed more than 14 days per location per activity per 12 month period.
C (g) The Building Official, in consultation with the Electric Utility, is authorized to establish a
location for display of a street banner when the Building Official finds that:
(1) display at the proposed location is feasible in light of the placement of utility poles,
installation of mounting brackets, or other necessary futures;
(2) display at the proposed location will not produce a traffic or other public safety hazard;
(3) display at the proposed location is consistent with existing land uses in and about the area;
(4) display at the proposed location is consistent with other applicable laws and ordinances,
including without limitation those addressing scenic views or historical preservation;
problem Utility irth has inspected p~locations and found no technical, logistical, or
(5) the Electric
ery display at the proposed
of all atcessions or the Electric Utility rovements added to establish
(6) the applicant locadon s~U be the property that
a display
(h) An application to display a street banner at a lmdon not previously approved pursuant to
subsection (g) shall be accompanied by payment of an evaluation fee established by ordinance.
(i) As a condition for issuance of a street banner display permit for a location not previously
approved pursuant to subsection (g), the applicant shall pay a non-refundable fee established by
ordinance to reimburse City expenses of labor, materials, and equipment incurred to establish a
street banner location. The fee shall be paid following evaluation and approval of the location
and before a street banner display permit is issued.
(j) All improvements or accessions installed at a display location shall become the property of
the Electric Utility.
(k) The Building Official or Electric Utility is hereby authorized to remove anystreetbanner that:
(1) is displayed after expiration of the street banner display permit; or
(2) in the opinion of the Building official or the Electric Utility, creates a traffic or public safety
• hazard;
i
(3) was installed in the public right-of-way without a permit; '
(4) is illegal under applicable law.
~ {1) A street banner removed pursuant to subsection (St)(1) or (k)(2) and which is not reclaimed
by the per nittle no later than ten days after the expiration of the street banner display permit
may be destroyed. A street banner removed pursuant to subsection (k) (2) through (k) (4) may
J be immediately destroyed.
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CITY Of AUSTIN, TVA
Sce. 132-875 Sidewalk Sign in Downtown Sign District
(a) A sidewalk sign is a sign located on a sidewalk, either within public right-of-way or on
( private property wdthin a unified development, advertising the business abutting the sidewalk
where the sign is located.
(b) Installation, use, and maintenance of a sidewalk sign in costfotrnance with this section and
all other applicable requirements of this Article is authorized in the Downtown sign district
pursuant to a sign installation permit issued by the Building Official under this section
(c) The Building Official shall issue a sign installation permit'for a sidewalk sign if the sign, as
installed, used, and maintained, satisfies the following criteria-
(1) the sign is to be located in the Downtown sign district on a sidewalk directly in front of a
building that was constructed with no setback from public right-of-way, or, in a unified
development, on a sidewalk directly in front of the business of the person installing the sign;
(2) the Building Official Is provided with proof that the person installing, using, and maintaining
the sign has purchased a policy of insurance protecting the City from any risk of liability
arising fro:] installation, use, or maintenance of the sign, in conformance with the
requirements set forth in Sec. 13.2.508;
(3) the Building Official is provided with proof that the person installing, using, and maintaining
the sign has indemnified and held harmless the City, its members, agents, officers, and
employees, their successors and assigns, individually or collectively, from and against a
liability for any fines, claims, suits, demands, action, or causes of action of any kind and
C nature, including without limitation actions for personal injury, death, or property damage,
in any way arising out of or resulting from the installation, use, or maintenance of the
proposed sidewalk sign. The person installing, using, or maintaining the sidewalk sign shall
pay all expenses incurred in defending against any such claims made against the City; but .
shall not be liable for any injury, damage, or loss caused by the sole negligence or willful
misconduct of the City, its agents, or employees. The person installing, using, or maintaining
the sidewalk sign and the City shall give prompt and timely notice to each other of any claim
made, or suit instituted, which in any way affects or might affect either parry.
(4) the sign will be and is installed at a specified location on the sidewalk only during the hours
the business it advertises is open to the public;
(5) the sign is no more than four feet high; is no wider than one-thud the width of the sidewalk
or 30 inches, whichever width is smaller; and is the only sidewalk sign installed, used, and
maintained by the business it advertises. i
(d) A person applying for a sign installation permit for a sidewalk sign does not have to be
registered under Division 5 of this Article.
(e) Notwithstanding any other provisico of this Code to the contrary: s
(1) a sidewalk sign may contain or utilize a supporting device placed on public right-of•way;
( (2) a sign installation permit may be issued under this section without the approval by the City
It \ Council of a license agreement for the use of public right-of-way, and
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CITY OF AusrH, TEXA
(3) a sidewalk sign installed, used, and maintained pursuant to a sign installation permit issued
under this section is not deemed or to be construed as a 'temporary sign,' a 'portable sign,'
C or an'off• premises sign'
Sec 13-2-876 through 132-884 Reserved
Reserved for future expansicn
DMSION 3. Installation and Maintenance Requirements
Sec. 132-885 Calculation of Sign Area
(a) For a wall sign, the sign area is calculated as the lesser of:
(1) the area of the smallest rectangle within which the face of the sign can be enclosed; or
(2) the smallest area of no more than three contiguous rectangles enclosing different sections
of the sign.
(b) For a single sign having two faces with only one face visible from any point, the sign area
is measured using only one face, and is measured as in subsection (a).
(c) For three-dimensional signs and objects, the sign area is the smallest rectangle within which
the largest two-dimensional projection (silhouette) of the object can be enclosed.
C (d) Sign area does not include any supporting structure, pole covers, or landscape features.
(e) Door surface signs are not included in calculating maximum allowable sign area.
Sec- 13-2486 Sign Setback Requirements
(a) A sign installed in compliance with this section is not required to meet building setback
requirements established elsewhere in this Land Development Code.
(b) No setback from the public right-of-way is required for a sign support (pole, column, etc.)
1 of up to 12 inches in diameter (width).
(c) Installation of a sign support over 12 inches and up to 24 inches in diameter less than three
feet from the public right-of-way is proldbited.
(d) Installation of a sign support over 24 inches and up to 36 inches in diameter less than five r
feet from the public right-of-way is prohibited.
(e) Installation of a sign support exceeding 36 inches in diameter (width) less than 12 feet from
• the public right-of-way is prolu'bited. L
• •
(f) Notwithstanding an}Khirtg to the contrary In this section, no sign, other than a wall sign, may
J be installed less than 12 feet from the public right-of-way so that it is more than 30 inches in
height above street pavement grade or has a clearance of less than nitre feet above street
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pavement grade.
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Sea 13-2-887 Structural Requirements
(a) A sign other than a wall sign shall be designed, installed, and maintained so that it will
withstand a horizontal pressure of 30 pounds per square foot of exposed surface.
(b) A sign lighted by incandescent light shall be installed to protect the driver of a vehicle from
dangerous glare and to maintain visual clearance of all official traffic signs, signals and devices.
(c) A sign shall maintain horizontal and vertical clearance of all overhead electrical conductor
in accordance with the specifications of the Electric Code and other applicable laws.
(d) All signs must be designed and installed in accordance with the Building Code.
Sec. 13-2.888 Hazardous Signs
Except as otherwise provided by law or this Article, no person may install, maintain, or use a sign
that:
(1) obstructs a fire escape, required exit, window, or door used as a means of escape;
(2) interferes with a ventilation opening, except that a sign may cover a transom window if
otherwise in compliance with the Building Code and Fire Code;
(3) substantially obstructs the lighting of public right-of-way or other public property, or
C interferes with a public utility or traffic control device;
(4) contains or utilizes a supporting device placed on public right-of- way or other public area
within the full purpose boundaries of the City, unless the use of the public right-of-way or
other public area has been approved by City Council;
(S) is illuminated in such a way as to create a hazard to pedestrian or vehicular traffic;
(6) creates a traffic hazard by restricting visibility at a curb cut;
(7) has less than nine feet of clearance above street pavement grade and is located outside
1 public right-of-way and within the triangle formed by connecting the point of intersection
of nvo intersecting streets with a point located 45 feet from the point of intersection on the
street frontage property at of each intersecting street.
•
(8) violates a requirement of the Electrical Code;
(9) does not comply with a requirement imposed by Sec. 13.2.687; or
(10) is determined by the Building Official to be dangerous because of the existence of any of the
• conditions or defects described in Sec. 3U2 of the Dangerous Buildings Code.
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CITY OF AUSTIN, TEXA
See. 13.2.889 through 13-2-899 Reserved
Reserved for future expansion
DIVISION 4. Permits
Sec 13-2-900 Sign lnstallation Permit
(a) A sign authorized under Sec. 23-2-862 may be installed, moved, structurally altered, or
structurally repaired without a permit. No other sign shall be installed, moved, structurally
altered, or structurally repaired until a sign installation pe mit has been issued by the Building
Official. A sign installation, ; ermit is not required for routine maintenance, nonstructural repair,
or re-facing of an existing sign
(b) Non-routine maintenance (e.g., repair of a damaged sign cabinet) or structural repair of a
nonconforming sign, including temporary removal, is prohibited if the estimated cost of the
proposed non-routine maintenance or structural repair exceeds 60% of the estimated cost of
installing a new sign of the same type at the same location.
(c) The fee for a sign installation permit shallbe established by separate ordinance and is non-
refundable-
(d) Notwithstanding any language to the contrary in Sec. 13-2-862 or this section, ao electrical
sign shall be installed, moved, structurally altered, or structurally repaired without first obtaining
C an electric permit from the Building Official; and no sign installation permit for an electrical sign
shall be issued unless the required electric permit has been issued or will be issued contemporane-
ously with the sign installation permit
Sec. 13-2.901 Conditions for Issuing Sign installation Permit
Issuance of a sign installation permit is independent of all other permits not specifically required
for installation of the sign. Notwithstanding anything in the Land Development Code or any other
ordinance to IS+ contrary, the issuance of a sign installation permit shall not be conditioned upon
issuance of a certificate of occupancy; nor shall issuance cf a certificate of occupancy be
conditioned upon the issuance of a sign installation permit.
• Sm 13-2.902 Expiration of Sign Installation Permit
i
A sign installation Permit shall expire and is void unless a request for a final inspection of the sign ,
is made no later than 180 days after the date the permit is issued. A single extension of the sign
installation permit for a period of 90 days may be granted if the extension is requested before the
expiration of the permit, and the permit shall expire and is void unless a final inspection is
m requested by the end of the extension period. `
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_ -C1TY OF AUSTIN, TEXAS
Sec. 13-2-903 through 13-2-944 Reserved
C Reserved for future expansion
DIVISION 5. Registration
S". 13-2.905 Registration Required
Ca) Except as provided below, no person shall engage or continue in the business of installing,
moving, structurally altering, structurally repairing, or maintaining a sign subject to this Article
without first being registered with the Building Official. An employee of a person registered under
this Division shall be deemed to be registered under this Division.
(b) The requirement imposed by subsection (a) does not apply to the following:
(1) the painting or ie-facing of an existing sign;
(2) the installation or maintenance of a sign authorized under Sec. 13-2.862;
(3) the installation of individual components of a wall sign not attached to each other as part
of a larger sign, if each component is less than 32 square feet, securely affixed to a building,
fence, or wall, and is no more than three inches thick; or
(4) installation or maintenance of a freestanding sign eight feet or less in height.
C Sec 13-2.945 Qualifications, Transfenbitry, and Expiration of Registration
(a) The indemnification agreement and proof of insurance required by this Division shall be a
prerequisite to registration.
(b) Registration expires on December 31 of each calendar year.
(c) Registration under this Division is not transferable.
Sec. 13-2-907 Indemnification
• ~ A person registered under this Division shall indemnify and hold harmless the City, its members,
agents, officers, and employees, their successors and assigns, individually or collectively, from and
' against all liability for any fines, claims, suits, demands, action, or causes of action of any kind
and nature, including without limitation actions for personal injury, death, or property damage,
f, in any way arising out of or resulting from any activity or operation of the registrant. The
registrant shall pay all expenses incurred in defending against any such claims made against the
City; however, the registrant shall not be liable for any injury, damage, or loss caused by the sole • •
• negligence or vstillful misconduct of the City, its agents or employees. The registrant and the City
J shall give prompt and timely notice to each other of any claim made, or suit instituted, which in
any way affects or Wright affect either party.
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CITY OF AUSTIN, TE7U. - -
ct to the registrant's right to maintain reasonable deductibles in amounts approved by
g Official, a person registered under this Division shall purchase and maintain at all
\ ollowing insurance:
FF(2)comprehensive 08 Insurance
er's compensation and employtfs liability, in statutory limits and a minimum of
ooo for employer's liability per incident;
rehensive general (public) liability; to include coverage for pre mises/operatiotn;
endent contractors; personal injury; ptoducts/completed operations; contractual
ty; and expiosioa, collapse and underground property damage, in a combined single
limit for bodily injury or property damage of $500,000 or its equivalent;
(3) comprehensive automobile liability, to include coverage forowned/]eased automobiles, non-
owned automobiles, and hired can, in a combined single limit for bodily injury or property
damage of $500,000 or its equivalent.
(b) The policy of insurance required by this Division shall satisfy the following criteria:
(1) the City shall be named as an insured or an additional insured, as its interest may appear,
(2) any right of subrogation against the City shall be waived;
(3) written notice to the Building Official of no less than 30 days shall be required before a
cancellation or material change to the insurance policy may become effective; and
(4) the insurance compa,.y providing the policy must have a Best rating of at least A-12 or its
equivalent and h , licensed to do business in the State of Texas.
(c) Adequate proof that the insurance required by this section has been issued and is in effect
shall be provided to the Building Official before that a person may be registered and at all times
during that person's registration.
(d) If the insurance policy is canceled or renewed at some time other than the annual
registration renewal date, the registrant shall furnish proof under subsection (t) that a new policy
has been obtained and is in effect.
Sec, 13-2.909 Revocation and Suspension
(a) Grounds. The Sign Review Board shall have the authority to suspend or revoke the /
regi:*ation of any person who it finds to be guilty of:
(1) fraud or deceit in registering under this Division;
(2) allowing a person other than the registrant who obtained the sign installation permit, or an
employee acting under the direct supervision of that person, to perform any of the work for
which that permit was required;
(3) gross negligence, incompetency, or misconduct in the petformance of sign work;
25
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CITY OF AUSTIN, TEXA
(4) intentionally making a false or misleading material statement on the application for a sign
installation permit or in providing facts to support the Building Officiars determination that
C a particular sign is a nonconforming sign;
(5) installing, moving, or structurally altering or repairing a sign in violation of the provisions
of this Article; and
(6) failure to maintain the insurance required by this Division
(b) Hearing. The Sign Review Board shall proceed upon the sworn relevant information
furnished by any individual who is of sound mind and legal-age to determine the validity of
charges brought under this section. If the Board deers the information sufficient to support
further action on its part, it shall schedule a public hearing on the charges. Notice of the. date,
time, and place o.::: hearing shall be mailed to the registrant by registered mail, not less than
15 days before the d :te of the hearing. The registrant may appear in person or be represented
by counsel, or both, to present any defense to the Board. If the registrant fangs, or refuses, to
appear, the Board may proceed to hear evidence and determine the charge in his or htr absence.
The hearing before the Board shall be conducted in a manner that provides required due process
of law. If the registrant pleads guilty, or if the Board, by at least a two-thirds vote, finds the
charges to be -rue, the registration shall be suspended or revoked by the Board.
(c) Record. When the Board has completed its hearing, it shall file a record of its finding and
decision with the City Clerk and forward a certified copy of the finding and decision to the
accused.
(d) Appeal. The decision of the Board may be appealed to the City Council in accordance with
C the procedures established in Division 1, Article V, Chapter 13.1.
(e) Length of Suspension. If the Board suspends a registration, it shall make a determination
on the length of that suspension. In no case, however, may a suspension period exceed 160 days,
nor be less than 30 days.
(f) Re-registration. A person whose registration is revoked may not register for a period of one
year after the revocation
(g) Operating While Suspended or Revoked. It shall be unlawful for any person whose
registration has been suspended or revoked by the Board to engage in, or do, atywork for which
a sign installation permit is required under this Article.
Sec. 13-2-910 Registration Fee
i
A registration fee in the amount established by separate ordinance shall be paid at the time an
application b made for the registration required by this Article.
Sec 13-2.911 through 132-919 Reserved
Reserved for fu!,ire expansion
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qTY OF AUSTIN, TEXA
DIVISION b. Variances and Appeals
( FF132-92 n Review Board
iew Board (in this section, the "board') is created to advise the t ouncil with
respect to the provisions and enforcement of this Article and to exercise the powers granted under
Sec. 13.2.909 and Sec. 13-2-921.
(b) The board shall consist of seven persons appointed by the Council. Membership on the
board shall be for a term of three yeah; except for the initial appointments to board, of which two
shall be appointed for a one year term, two shall be appointed for a two year terra, and three shall
be appointed to a three year term. Each person appointed to the board shall serve until his of her
successor IS appointed and qualified.
(c) The Council shall appoint three persons to the board who have special knowledge or
relevant to signs and outdoor advertising. The Council shall take appropriate steps to
eertise
insure diversity among the board members.
(d) Aboard member shali receive no compensation or reimbursement of expenses for service on
the board.
(e) The board may establish rules and procedures consio- t with this lrticle and other law as
it deems necessary to govern the conduct of its business.
C See 132.921 Vaiiwwts and Appeals to Sign Review Board
(a) A simple majority of the Sign Review Board may grant a variance under s sbsection (b) and
may hear and act upon an appeal by any person aggrieved by a decision of the Building Official
with respect to this Article. An appeal to the Sign Review Board shall be processed under the
procedures established by this Division and, to the extent consistent with this section, in Chapter
13-1.
(b) The Sign Review Board may grant a variance from the application of this Article if it finds
that:
(1) the variance is necessary because strict enforcement of this Article prohibirt any reasonable
opportunity to provide adequate signs on the site, considering the un'.{ue features of a site
such as its dimensions, landscaping, or topography; or
i
(2) granting the variance will not have a substantially adverse impact upon neighboring
properties; or
(3) granting the variance will not substantially conflict with the stated purposes of this Article;
and
(4) after making one or more of the findings set forth in subparagraphs (1), (2), or (3), the Sign
Review Board finds that granting the variance does not provide the applicant with a special
privilege not enjoyed by others similarly situated or potentially similarly situated.
27
caTV OP AUSM, TEXA
(c) An application for a variance or an appeal of the decision of the Building Official shall be
deemed to have been granted by the Sign Review Board if the Sign Review Board has not
disapproved the variance or denied the appeal on or before the 45th day after the date the
t application for the variance or the appeal was submitted to the Building Official, unlns the
applicant for the variance or the person appealing a decision waives the time deadline established
by this subsection-
(d) The Sign Review Board may promulgate guidelines for its review of variances.
(e) An application for a variance or an appeal of the decision of the Building Official shall be
filed with the Building Official.
(f) An interested party may appeal the derision of the Sign Review Board to grant or deny a
variance, or to grant or deny an appeal of the decision of the Budding Official. An appeal to the
City Council shall be processed under the procedures established in Chapter 13.1.
Sec. 13.2-922 through 132.924 Reserved
Reserved for future expansion.
DIVISION 7. Required Removal and Compensation
Sec. 13.2.925 Sign Control Board
L (a) The Sign Control Board is created to exercise the powers granted under Sec 132-926.
(b) The Sign Control Board shall consist of five persons appointed by the Mayor with the
approval of the City Council Membership on the Sign Control Board shall be for a term of two
years; and each tnemter shall serve until his or her successor is appointed and qualified.
(c) Ap; ointments to the Sign Control Board shall be made to insure diversity and to maintain
a membei.hip that includes at all times five persons with the following credentials:
(1) two real estate appraisers registered with the Society of Real Estate Appraisers or the
American Institute of Real Estate Appraisers;
(2) one person engaged in the sign business in the City;
• (3) one employee of the State Department of Highways and Public Transportation who is
familiar with real estate valuations in eminent domain proceedings; and
(4) one architect or landscape architect licensed by the state.
(d) A member of the Sign Control Board shall receive no compensation or reimbursement of t
• expenses for service on the Sign Control Board. • •
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CITY OF AUSTIN, TEXA
Scc. 13-2-9',16 :twiiination of Compensation Required for Removal
(a) The Sign Control Board shall have and exercise the power to determine the amount of
C compensation to which the owner of a sign is entitled to be paid by the City, if removal of the
sign is required under Sec. 13-2-927.
(b) The Sign Control Board may determine the amount of compensation lobe paid to the owner
of a sign under subsection (a) only after a public hearing to provide the owner of the sign an
opportunity to be heard with respect to the issues involved in such determination Notice of the
public hearing shall be given in accordance with the requirements of subsection (a) of Sec. 13.1-
200; except that notice of the public hearing is required to be given only to the owns: of the
.subject sign
(c) The Sign Control Board may establish rules, procedures, and guidelines consistent with this
Article and applicable law as it deems necessary to exercise its powers under this section
(d) A decision of the Sign Control Board under this section may not be appealed to the City
Council. As provided by state law, the decision may be appealed to district court by filing a
verified petition with the court within 20 days after the date the decision is rendered by the Sign
Control Board.
Sec 13-2-927 Required Removal of Festoons and Portable Signs
(a) The owner of festoons or of a portable sign shall permanently remove that sign no later than
ten days after notice that the compensation determined by the Sign Control Board under Sec. 13-
2.926 is available for payment and will be paid upon removal of the sign. Upon satisfactory proof
to the Building Official that the sign has been removed, compensation shall be paid to the owner
in accordance with the method or methods authorized under subsection (b).
(b) The notice required under subsection (a) shall be given to the owner of the sign pursuant
to subsection (b) of Sec. 13.1-201 after the City Council has authorized payment of the
compensation determined under Sec. 13.2.926 and the method, or combination of methods, by
which the compensation shall be made in accordance with state law.
(c) The owner of a sign to whom notice is given under subsection (a) is guilty of a misdemeanor
offense and violates a provision of this Land Development Code relating to zoning if the owner
fails or refuses to remove a sign required to be removed under subsection (a) no later than ten
days after notice is given
•
Sec. 13-2.928 through 13-2-929 Reserved
Reserved for future expansion
• PART 2. The following provisions of Tide )011 (Land Development Code) of the Austin City Code • •
of 1981 are expressly repealed:
r (a) Subsection (e) [exempting certain signs from permit requirements] of Sec. 13-1.736
1 (Exempted Work) of Chapter 13.1 (Land Development Procedures).
29
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-.a.. n. CITY OF AUSTIK
(b) Sec. 13-1-745 (Street Banner Sign Permit) of Chapter 13-1 (Land Development Procedures);
and
(c) the definition of 'sign* set forth in Sec. 13-2-1 (General Defirdtions) of Chaptu 132 (Land
Use).
PART 3. The requirement of Sec. 2.2.3 of the Austin City Code of 1981 that this ordinance be
read on three separate days is waived by the affirmative vote of five members of the City Council
to pass this ordinance through more than one reading on a single vote.
PART 4. This ordinance shall be effective ten days after the date of its final passage
PASSED AND APPROVED: g
June 7 1990 9 Lee Cooke
Mayor
APPROVED: ATTEST: F '
Iris I o s James L Aldridge
City o ey City Clerk 1': `
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1a Gee abcttbao the street previdug the prtmm Aced TM 27A.
scoria to the >-I, On a nag (panhandle) lK the front
lot Matt ! at lnlertor la sere deWuled as a Orono lot (3) RM 2222, trap t(rghknd )ills Drtm to
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autrpace above the 4au giound Goon at eschAW value, wlwb the Coubcai detwmh*s shall be
fern otoas Door area calculation. Enclosed loading pwocted. emhancvd, and preserved in t)w lntererl of
bertha sad of tu" maneuvering area are also the cultwe, prosperity, education sad general welwe
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sad any other area for preeernt*;%. salt by trs fnhabfants wbkb io cleuh ineldenlal in the
use of the stnvetwe for residential pwyoes and tea
Ovmr AVM means an a :asory buxinq not change the :evidential character of the slie,
Co =IUAg a lodging nhtt with or without bitchan
UcUies, used to house ocmionai Whoa m VAIMMXXX COM maw the total hommial
monpsyimg gaesta of the oceuoanta of a dwcuing tuna area of eve bulMinps, rooted or Covered spaces, pared
on the same atte. surface am- walkways, and driveways. pools,
Including but Sol UWed to rwtrntnoto pools. regwr4
lWMflmaam the vertical dutshes bum onde ponds, amd fm Simms, are mm included is cakuktimq
to: (p the MOW point of the coping of a Gat M4 (L7 imperviow oowugw.
to the deck hne of a mutnwd root (IL) to iM average
height of the Naliew gable oa a pttcbed or Lipped aVlli'JlR',bR LOT mesas a lit other than a comer
• took or (Iv) If here of the preeedaag, tben to the tot.
b Ow polite of a mcrurs. AS anIied a a Duuamp,
height is maasured from an elevation derived from the DITJCIt"LOTL=meahs a W Lim and abut ing i
average of the highest ahd lowest grades sdlacent to a strsm.
The bcalding.
DffAW t EM means any required yard, trot
MU CVLWMAAADWATOORJUDM means adjacext to a surer, whk1h is dstemakaed on the basis
all kad wtlhIn the cky'a sortkp Jurisdiction located of an Inlem lot be.
• Wstaln 1,000 feet from each aide of the public righlof- • •
way of the follomi%g roadway: JOV!>r1tfM JPR2Wmesns • pr"Ie 1*1%1-atway
which Wktds the prlnclpal awns of accexe to
C (l) Loop 360, from US 290 Walt to VS 113. b,d>vldual teob0e hokrke spaces a a,wiiary txiita;:toa sit
-;7 a mobGe home park, of a pdVate egbetf-way of char
CU OW 17# Atlioia L Tana awl lines DdM d
t..,,
ED
,
i
APR-69-97 AD 09:17 ODA DEPT PLAN/DEV 3RD FL FAX NO. 5124992709 P.03/03
116 Atri • land Drava) NOW Cade
( setback Ube, achl tttg any area located within the (3) RN 626 tram SM 71 10 Anderson MW
suest side yard of a cornet lot. In an STAB district, Road (FM 1769)
the rear yard is aleo 008 aces W me rear or am Aura Per
IuMing or the rear of a btiLdog within that respective (6) RM 1111, stets of MOM txuy
Area Per 114ti a•
(7) Rid ZJ41
APMWA77wm VAT= means a vehicle
toned a aetl•pttr *W on us own chavab or afteked (8) Wto A=W% Boulevard
to Iire drawls of another vehicle, designed or used for
lsmpon:ydwelling. reoreativr De sporliwq purposes. (9) Wont Cesar Chew Saws
TAO tern »crMtiow vehickt inehW" WOOet
Urged" Ireval tr nam pick-up campers. wapine (l0) Ahws ds Drive
traUrs, motor coack horses, eon"zied trueler std
)rusts, and boats and boar trebsrs. U 1) Epic's 3prkws Rood. tram Me"
Drh* IQ Loop 360
AVOW 14RAW#V mans supOrm off wee
parking at a location as on the site. (ta) W91 araCar inn Drh+e, bore BrodisL "
to Southwest Parkway
llSdfLiR = Maass a A=twe occupied as the
dwORing place of one or mote persons In Which the (13) Esurpmant Boulevard, bom Wi2am
use and wtagetrwl of sleeping 9uartera, and all Comwa Drive to Arterial l1 (C.H. 4S)
appYuumen for cooidng, ventllating, hatting, or 1l9bM9
am under ors contra; includNq but no krniled to one- (14) kWW S tlt4creaw Falls Parkway) iota
Wr2y"two- areIIydwel)mgs,duplexes,towrhowes, U.S. 1187 to Wr LM Cannon Drive
eordomYtiura, apartmw houses, and boarding
houses. (1S) FM 973 from SH 71 to U.S. 187
L WORN COON= LOP means a corner lot, GO SH 71 east of 131 3S
having a side >a One which is substantially a
continuation or the boat lot Lute of a lot to as rear. (l7) U, S. 383 south of SH 71
70CM- -W" VCWV 4X417CIiP alerts the SCRI W res" shislded, eonceeleck end
con :emwtion of real progeny or the ptuchase of electively hidden Lotn thO Yaw 018 parson Standing
don-lion of real propem tinder the threat of at ground "on an abWtiaa ske. or outside the area
eon„ wmnatian by the nste, eeunty, or Cuy of Austin for a fcatars so scrsensd, by a Etna. well hedge, bane
N8 purposes of roadway or ktbastrucrue of etrnuar axh9waral or landscape feature which IS,
Improvements. The term condemnation shaJ not or will grow to, at lean ex feet In heigkt
include property do4icated pursuant to 4 IS•S•9 as a
coadbWn orreserang, sub&eWon, a* plan, of build" WOOMVAW AM Ur fOW means a tuts
_~mw appmi al pwauel to and maatutd iandwud tom the proAry
y setback tine.
1 / lC7 IM ARMVAf3 means the following
principal rosdways, ae71b8tr:• AM means a tins within a lot parallel r
to MW matured km a emespon"O la Fors, worming
(1) Ar+erW 8 (Adelaide DrWorrAbit the boundary of a rsguked yard and coverring the
Drive) puwOmeat Of structure and sees Oft tke lest.
(1) Barton Springs Road WLOifi'nisans a krl be lnlere dov Ole ~ -
6 boat lot lira and en" 4b% tbKSborn a "k4num • •
(3) Loop I IMopec) durance of 76 feat.
(4) Loop 360 (Ctgittl of Texas Highway), flM TARD means a rte Nid fstd Otnendrstg the ( coulk of US 163 ^ g,7UQ4 +r depth of a bl 0onr the0nltl yaid to the
ivai Wyman
Cha"Of ass Artlele 1. Tasrtr titled Vaw Dtttb»d
1405 4-6
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Transit
Planning for
,
Oriented Development
Presented by
LKC Consulting Services, Inc. °
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i
i
Introduction
■ Transportation and land use
■ Denton situation
■ Challenges for Denton
■ Transit in the region
■ Transit in Denton
■ Ideas for the future
■ Planning considerations •
I
Transportation and
I,
Use `
Land
Denton Goals.
■ Maintain good mobility
■ Minimize congestion
• ■ Investigate principles of urbanism
' • "r~~I_~` 1M1 ~ _
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Transportation and
Land Use
Issues
■ Suburbanization
■ Development geared toward the
• automobile
■ coordination of land use planning,
• transportation planning, and public •
policy
•
•
•
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Denton S
Demographics
ity o Denton
Population 669270
Densit-y( p o-p-/ sq i em I)
eniors •
Zero uto House o s 7e4%
Median Household
Income $239156 •
Source: 1990 Census
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1
Denton Situation
Regional Growth
Annual
Growth
1997 Rate
1970 1980 1990 Estimate 1970-
City Census Census Census Pop 1997
Denton 39,874 48,063 66,270 71,450 2.93%
Dallas 8449401 904,078 15007,618 15047,350 0.89%
Ft. Worth 393,455 3859164 4479619 4849500 0.86%
Lewisville 9,264 24,273 46,521 619700 20.96%
Source: NCTCOG
will-
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•
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' I
Denton Situation
Travel Time to Work
- Percent of
Travel time to work commuters
Less than 15 minutes
5 to minutes 25%
to 44 minutes o
o-5 9 minutes o
ore t an
minutes 8%
Mean trave •
time to work 19.8 minutes
Source. 1990 Census
~5
Denton Situation
Transportation Crossroads
■IH35E
~ ■ IH 35W
• ■IH35
■ Hwy 380 (University Drive)
J ■ Loop 288
' i
•
Denton S
University Population
■ TWU student population 9,334
■ UNT student population 25,026
• ■ 84% of students live off-campus
fir" • '.o t r_. '4r ~
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•
•
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for
Challenges
Denton
Transportation Growth
■ Population growth
■ Driving more
• ■ Most people drive to work alone
•
M1 r•
•
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for
Challenges
Denton
Land Use Patterns
■ Development is reinforcing lifestyle
changes
■ Lower density development
: ■ Job center parking is plentiful and free
4
•
•
•
Challenges for
Denton
Changing Demographics
■ Aging population
■ Americans with disabilities
• ■ Growing student population
■ Impact of welfare to work initiatives
• ■ Zero auto households
fti
Challenges for
Denton
Air Quality
■ Clean Air Act
■ D/FW nonattainment includes Denton
• ■ Exceedances in Denton County
■ D/FW air pollution problem is
• predominately automobiles •
V ■ Commute trip reduction
•
Challenges
Ozone Alert Data
Ozone Alert Days With
Days for Exceedances In
Year Central Denton Ozone
County Standard
1994 25 3
1995 25 5
• 1996 17 1 •
Source: NCTCOG
• 4„'.. '
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Transitin the Region
Commuter Rail
■ Trinity Railway Express
■ Currently Union Station to the South
• Irving Station
■ Will connect Dallas, Fort Worth, D/FW
• Airport, and Mid-Cities •
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he Region
stint
Trans
Light Rail Transit
■ DART rail starter system
■ 20 miles
• ■ Includes 21 passenger stations
■ Currently 30,000 daily riders
rr war _v a~irrN•ii mss'
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■
it in the Region
Trans
HOV Lanes
■ Buses, vanpools, and carpools
■ Regional network
• ■ Proposed for I H 35
■ Developed by TOOT
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•
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Region
Trans"It in the
Local City Transit
■ Fixed Route
- DART
• - The T
- SPAN
• ■ Complementary ADA paratransit
y
:K~
•
Transit"In the Region
.
Regional Transit
■ Express routes
i
■ DART
■ The T
• ` ~ ` ] -Sri .
Transwitin the Region
Seniors and Disabled
Demand Response Transit
■ Arlington
■ Mesquite
■ Grand Prairie
■ Lewisville
■ NETS
Transit in the Region-
Trip Reduction
■ Rideshare programs
~ ■ Vanpooi programs
• ■ Employer services
■ Airport shuttle
J
•
f
Transmit"In Denton
SPAN
■ Fixed Route
- 4 Routes
- Monday-Friday 6 a.m.-7 p.m.
- Saturday 9 a.m.-3 p.m.
•
•
r
. a-..»;s,a: svetearv*w.w.~rwvaesec sw.etlltM : Transmit
in Denton
SDAN
■ ADA paratransit
- Demand response
- 24 hour advance request
- Complementary to fixed route
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•
min Denton
Transmit
Investment
Operating Cost $548,100
Less: Fare Revenues $ 969800
Operating Deficit $4519300
• Federal $232,000
State $1109300
Local $1099000
Source: Section 15 FY 1995
t
i
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Transmit 'in Denton
Productivity
Fixed Route ADA Total
Peak Vehicles 5 10 15
Passenger Trips 116,000 299400 1459400
Revenue Hours 179600 189500 369100
• Passenger/Revenue Hr 6.6 1.6 4.0
Cost/Revenue Hr $19.14 $11.42 $15.18
• 1 •
J
• may.-I`..~~!!_. • 4' . i
•
,
Ideas for the Future
■ Expand local transit service in Denton
■ Subregional coordination
- ■ Shuttle service between the universities
• and downtown
J -
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for the Future
Ideas
■ Express service to Dallas, Fort Worth,
D/FW Airport, and major destinations
■ Regional transportation planning
■ Rails to trails corridor
■ Regional rideshare programs
• ■ NCTCOG planning
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•
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Planning
Considerations
city
■ Compact city
■ Density
• ■ Minimum lot sizes
■ Zoning
° ■ Urban design for transit access
•
•
•
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Planning
Considerations
Neighborhood
■ Mixed use development
■ Activity centers
• ■ Segregation of land uses
■ Zoning
■ Urban design for transit access
J
s
•
•
•
Planning
Considerations
Streetscape
■ Sidewalks
■ Set-backs
■ Parking ordinances
■ Pedestrians
■ Urban design for transit access
arm.
•
•
Conclusion
.
■ Planning for transportation, land use,
and other infrastructure is
interdependent
■ City of Denton should be aware of the
D/FW region when analyzing needs for
transit in the community
■ First steps lie in local transit projects, •
supportive land use policies, and
regional involvement
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END
OF
FILE
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