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HomeMy WebLinkAbout02-03-1998 i I r I City Council Agenda Packet February 3, 1998 I 1 _ 2: x'10 3200. OWN& r Agenda No. Agenda Item AGENDA 004 CITY OF DENTON CITY COUNCIL February 3, 1998 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, February 3, 1998 at 5:45 p,m. in the City Council Work Session Room at City Hall, 214 " McKinney, Denton, Texas, at which the following items will be considered: I. Closed Meeting: A. Conference with Employees-Under TEX. GOVT. CODE See. 351.075. The Council may receive information from employees 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. GOVT, CODE CIL 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INI'O A CLOSED MEETING OR EXECU'f1VE SESSION AS AUI IIORILED BY TEX, GOVT, 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 111E CLOSED MEETING ITEMS N017:D ABOVE, IN ACCORDANCE WITII THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS $51.071-551.085 OF THE OPEN MEETINGS ACT, Regular Meeting of the City of Denton City Council on Tuesday, February 3, 1998 at 7:00 p.m. In the Council Chambers of City Hall, 215 E, McKinney Street, Denton, Texas at which the following items will be considered: I, Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible." t 2. Consider approval of a resolution dissolving the special C'itizen's Advisory Committee to provide recommendations regarding a possible additional sales tax to reduce property tax; expressing the sincere appreciation of the City Council for the work of the members of that committee; and providing an effective date. • • PRF45ENTATIGiV5/AN'AItllS 3. February Yard of the Month Awards 4, Proclamations 25 ❑ 32XI❑ ' o City of Denton City Council Agenda February 3, 1998 Page 2 5. Resolutions of Appreciation A. Cc nsldcr approval of a resolution of appreciation for Wayne Arrington B. Consider approval of a resolution of appreciation for Rick Barrett C. Consider approval of a resolution of appreciation for lack Jarvis D. Consider approval of a resolution of appreciation for Roger Wilkinson NOISE EXCEPTIONS 6. Consider request for an exception to the noise ordinance for the pouring of concrete between the hours of 2 a.m. and 7 a.m. at 1025 Shady Oaks. CONSENT AGENDA Each of these items is recommended by the Staff and eoproval 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 hay received background Information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 7.10). 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 7.10 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "items for Individual Consideration." 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. 7. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or Improvements for construction of McKinney St paving and drainage and Woodrow Lane sanitary sewer to lagoe Public Co. In the f amount of S643,614,27; providing for the expenditure of funds therefore; and providing for an effective date. (Bid 0146 - McKinney Street Paving and Drainage and Woodrow Lane Sanitary Sewer in the amount of $645.614.27) 8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of truck beds and bodies; providing for the expenditure of funds therefore; and providing for an effective date. (Bid #2149 - Truck Beds & Bodies - total award $33,651,83) 9, Consider adoption of an ordinance providing for the expenditure of funds for the annual lease payments for an IBM 9221.191 mainframe computer/processor bid by the State Purchasing General Services Commission end providing for an effective date. (P.O. #81630 - IBM Corporation for 5102,771,10) ~r~ h 32X~❑ 0 City of Denton City Council Agenda February 3, 1998 Page 3 10. Consider approval of a resolution of the City of Denton, Texas, authorizing the submission of an application of the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevent ion/lntervention Program for Juveniles; and providing an effective date. PUBLIC BLDC HEARING 11. Hold a public hearing to consider designating a certain area within the M. Forrest Survey, Abstract No. 417, and the T. Living Survey, Abstract No. 729, being approximately 163 acres near Highway U.S. 380 a-d Oeesling Road and being more fully described In the notice of public hearing as Reinvestment Zone No. I for commerclalrtndustrial tax abatement purposes. Interested persons are Invited to present evidence for or against the designation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or pan of the territory described should be included In the proposed reinvestment zone, and the concept of tar abatement. 12. Consider and adopt an ordinance of the city of Denton, Texas designating a certain area within the M. Forrest Survey, Abstract No. 417, and the T. Living Survey, Abstract No. 729, being approximately 163 acres near Highway U.S, 380 and Oeesling Road within the city limits of Denton and the Extraterritorial Jurisdiction of the City of Denton as Reinvestment Zone No. I for commercial/industrial tax abatement; establishing the ` boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Tax Code; ordaining other matters relating thereto; providing a severability j clause; providing for repeal; and providing an effective date. 13. Hold a public hearing and consider adoption of an ordinance to rezone approximately 1.07 acres from the Single Family (SF-10) zoning district to the Office Conditioned (O[c]) zoning district, The site is located off Teasley Lane and adjacent to Lillian Miller Parkway (FM 2181) near its intersection with Bent Oaks Drive. (The Planning and Zoning Commission recommended approval, 7.0,) ('1.•97.0)2) 14, Hold a public hearing and consider approval of a Specific Use Permit to allow a 1 manufactured home park in a Light Industrial (LI) zone district. The proposed use will • a create 420 manufactured home spaces on an 83.77 acre tract located west of 1.35, north of State highway 380, east of the Atchison, Topeka & Santa Fe Railroad corridor, and south • of the Loop 288 Intersection with 1.35. (The Planning and Zoning Commission recommended approval.) (2.97.027) 15. Hold a public hearing and consider adoption of an ordinance to rezone 1,32 acres from the Planned Development 6 (PD-6) zoning district to the Light Industrial conditioned (LI(cj) zoning district. The subject tract is located on the northeast side of Colorado Boulevard at San Jacinto Boulevard. (The Planning and Zoning Commission • recommended approval, 7.0.) (2.97.028) u 16. Hold a public hearing and consider adoption of an ordinance to approve the detailed plan for 4,729 acres located in the Planned Development 42 (PD-42) zoning district. The subject properly Is located on the east side of MayMil Road, south of McKinney Street, at Gayle. (The Planning and Zoning commission recommended approval, 7-0.) (Z•97-022) 25 x 32xC1 • City of Denton City Council Agenda February 3, 1998 Page 4 ITEMS FOR INDIVIDUAL CONSIDERATION i 17. Consider approval of a resolution of the City of Denton, Texas authorizing participation F by the City of Denton and the Texas Department of Transportation in the Innovation Finance Program to install security 'stems at the Denton Municipal Airport; and declaring an effective date. 18, Consider adoption of an ordinance of the city of Denton, Texas, authorizing the Mayor to execute an tnterlocal Agreement between the City of Denton and the Denton Independent School District for the construction and Implementation of a %ide•ares network; authorizing the expenditure of funds therefore; and providing an effective date. 19. Consider adoption of an ordinance approving retail base rate reductions for Texas Utilities Electric Company; providing an effective date therefore; approving a most favored nation provision; ratifying and confirming the action of City staff and the City's outside legal counsel In Intervening In Public Utility Commission of Texas Docket No. 18490; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. 20. Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of 0bligation of the city of Denton; and providing for an effective date. 21. Consider adoption of an ordinance directing the issuance and publication of Notice of 4 Sale of City of Denton Ocrieral Obligation Bonds; and providing for an effective date. 22. Consider adoption of an ordinance directing the publication of Notice of Intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date. 23. Consider a requc+t for a City Council determination that there has been a substantial change in conditions In the area of Ilickory Creek Road and Teasley Lane in a twelve- month period to warrant a reconsideration ors prohibited rezoning request. 24. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City (Manager to execute a professional services contract between the City of Denton and Alan Plummer Associates, Inc. for the Cooper Creek Lift Station and Wastewater Collection System Improvements Evaluation In the amount of $84,370; and providing an effective date. ,i 25. Consider nominations/appointments to City's Boards and commissions. 26. Miscellaneous matters from the City Manager, 27. New Business This item provides a section for Council Members to suggest items for future agendas. ,All 32x10 to 0 n City of Denton City Council Agenda February 3, 1998 Page 5 28, Possible continuation of Closed Meeting under Sections 351-071-551.085 of the Texas Open Meetings Act. 29. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Texas Open Meetings Act. i CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1998 at o'clock (a.m.) (P.M.) i CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WttH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE I 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 TIIAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. f i I-e 25 ki a 32 x Id , • Apeade No. 7J r~Cll~ Agenda Item Dab AGENDA INFORMATION SHEET r AGENDA DATE: February 3, 1999 DEPARTMENT: Finance CM/DCMIACM: Kathy DuBose, Assistant City Manager of Finance SUBJECT; A RESOLUTION DISSOLVING THE SPECIAL CITIZENS ADVISORY COMMITTEE TO PROVIDE REOAIMENDATIONS REGARDING A POSSIBLE ADDITIONAL SALES TAX TO REDUCE PROPERTY TAX; EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEMBERS OF THAT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE, BACKGROUND Denton citizens voted In 1994 to increase sales tae by I5 cent to reduce property taxes. In order to assure citizens that the City would reduce property ` tares by the amount of revenue generated by the additional 14 cent sales tax, the City !I Council created the Citizen's Sales Tax Advisory Committee. In the first year, the additional A cent sales tax generated a 22,2% decrease in the property tax rate. However, City Council adopted a lax rate that was 25%loAcr, tthlch was a decrease above and beyond that which was necessary due to the''/, cent sales tar. Although the City was required by law to reduce the property tar rate in the first year only, the City Council has reduced the property tar rate since 1994 by over 30%. To show, support for the City Council, the Citizen's Sales Tax Advisory Committee passed a resolution In 1996 applauding the Council for honoring their commitment to Denton citizens. The implementation of the % cent sales tax and associated property tar decrease has been a success, The Citizen's Sales Tax Advisory Committee has fulfilled their mission and • their task is complete. This resolution from the City Council recognizes the committee's service to the i community. Honoring the members in this public meeting Is a fitting close to an extremely successful endeavor. r 25 32 x~~ 1 ' o 1 l~ • F'i7 t 4 xd; w~.3. b?'.=:J:YI`4 4 ~ ' ri?.Y: . AA;:?y`,t~r Y.i. AGENDA INFORMATION SHEET February 3,1999 Page 2. PRIOR ACTION/REVIEW (Council, Boards, Commissions) See "Background". KCAL INFORMATION N/A Respectfully submitted: ~k-sue Kathy o Assistant City Manager of Finance 1 2 x~n.l~ 32x1 0 RESOLUTION NO. A RESOLUTION DISSOLVING THE SPECIAL CITIZENS ADVISORY COMMITTEE TO PROVIDE RECOMMENDATIONS REOARDINO A POSSIBLE ADDITIONAL SALES TAX TO REDUCE PROPERTY TAX, EXPRESSING THE SINCdRE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEMBERS OF THAT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, on the a day of July, 1993, the City Council passed a resolution that cre- ated and appointed it Special Citizens Advisory Committee to study and make recommendations to the City Council regarding it possible additional sales tax to reduce the properly lax; and WHEREAS, the City Council subsequently appointed fifteen persons to the Special Citi- zens Advisory Committee; and WHEREAS, on the W" day of November, 1993, ilia City Council passed Resolution No. R93-072 expressing its support for the Ad Hoc Citizens Sales Tax Advisory Committee's rec- ommendation for the passage of an additional one-half of one percent sales and use tax to be used to reduce the properly tax rate and to urge each citizen to express his or her preference by voting in the election to be held on January 15, 1994; and WIIEREAS, an election was held on January 15, 1994 and the voters app^.jved the addi- tional one-hairof one percent sales and use tax to be used to reduce the property lax rate; and WHEREAS, Resolution No. 893.072 also Invited the Ad Hoc Citizens Sales Tax Advi- sory Committee to serve in additional roles, which included working with the City's Finance Department to insure that the appropriate credit for sales tax revenues were made for the corre- sponding property tax reductions and to report annually to the City Council regarding the amount the additional one-half of one percent sales tax has reduced the properly tax as a part of the budget process-, and 1a WHEREAS, the City Council deems it In the public interest to dissolve the Citizens Sales • ` Tax Advisory Committee and to express its <'ncere appreciation for the work of all the Commit• f lee members, the Assistant City Manager for Finance has reported that the Sates Tax Advisory Committee has fulfilled their purposes, and the City Council deems that it should express its sp- precialion for their service to the entire community; NOW, THEREFORE, THE COUNCIL OF THE CIIfY OF DENTON HEREBY RESOLVES: SECTION I. That the Special Citizens Sales Tax Advisory Committee created by Reso- • • lution No. R93-042 Is hereby dissolved and both Resolution No, 893.042 and R93-072 shall `J have no further force and erfecl. SECTION 11, That the City Council expresses its dncere appreciation to the Special Citizens Sales Tax Advisory Committee, composed of., Tom Harpool, Joe Alford, Derrell Bulls, Dorothy Damleo, Alton Donsbach, Nail Duttance, William Luker, Roy Metzler, Bill Patterson, 3 ,k dQ 2 5 32XID •1 awrrr Barbara Phillips, John Ellis Price, Ellen Hoover-Schertz, Bill E. Utter, Sr., Steve Weemer, and Tom Sass, and recognizes that the Committee was highly successful in informing the general public of the purpose of the election to adopt the additional one-half of one percent sales and use tax to be used to reduce the property tax rate within the city of Denton; its efforts resulted in the successful passage of the new one-half of one percent sales and use tax, Through its work with the City's Finance Department, the tax rate has been reduced from 0,7479 per $100 valuation in 1994 to 0,31315 per $100 valuation in 1997. SECTION M. That the City Council has found and determine that the meeting at which this resolution is considered Is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, TEX, GOV'T CODE ch. $51, as amended, and that a quorum of the City Council was present. SECTION 1V. That this resolution shalt become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of .1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L, PROt1TY9 CITY ATTORNEY 1 (D I BY: E ~t ~ • AM ,re couva r,w..re4r: a~a. o,~w.~.a~w+rwn.,,w, a ,o~.m.r~ w 4 25 ID Sax ~ O Agenda No, agenda 11em Date I ~a lit#i~rrt in fs~~rtciatia>n of WAYNE ARRINGTON WHEREAS, on Jar my 21, 1998, Wayne AniVon tedmd aAer serving with the City of Denton atnce Segcmber 11,1917; AM WHEREAS, during the past 21 y'ar; Wayne has repmmod our Co at an example of a quality urvice employ'": and WHEREAS, tlm City of Demon has been Munale In having erdoyed the dedicated mA ouWanding service of Wayne end wiO a to moognlze the emne and WHEREAS, Wayne Ani" has alxayt served above and beyond the efficient ditchup of aU hie &AW In promoting the welfhre and proeperhy of the City, and has earned lie full respell of his kow employees, colleagues and cidzero of Denton; NOW, THEREFORE, THY COUNCIL OF T11E CITY OF DENTON HEREBY RESOLVES: ThrA the sincere and wwm approcfstion of Wayne Arrington fch by the cltizent err! omarti of the City of Denton, be formally cwtveyed to him in a pemanenl nu mr by rocording M Resolution upon the omcial minutes of die City Council of the City of Denton, Texm, end forwarding to Wayne a true copy tlmnwf sa a token of out appreciation. PASSED AND APPROVED this the day of 1 JACK L VR,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY { ROVED AS TO LEGAL FORM: • • HERBERT L. PROUTY, CITY ATTORNEY ?5x10 32 x1G . Agenda No. Date O&P Agenda palm ]a utt~art r ht Apprtettieltfatt of RICK BARRETT WHEREAS, on JantiM 31, 1998, Rick Barrel ttdred, aller saving wish the Cily of Denton shoe ley 9. 1969, and WHEREAS, during deal peel 29 yeen, Rlak has rWeseni d our City as an example of a quality wdoe omPloyce; ad WHEREAS, the City of Derdoe ha ban fodunate to having &;Ioyvd the "owed and ouuwding wdoe of luck and wishes to wognlae d* MwwE ad WHEREAS, Rick BareM has atwayt served above ad beyond the efficient discharge of all Ms duties In pronvang the wellkre and pmspaity of the Cit,. ad has earned the full reaped of his fellow employees, oolleasm and eidvrts of Denlon; NOW, THEREFORE, TIIE COUNCH.OF THE CITY OF DENTON HEREBY RESOLVES: Thal the slrtoere and warm appredadon of Rkk Bengt felt by the ddzcm and otllcen of the CMy of Demon, be fonnaliy ca veyed to hem In a pemtatem ntaunet by recording tW ResolWon upon the ofllck! minute of k Cily Coundl of the City of Daft 'Cexas, and fanvading to Rick a true copy thereof ss a token of our apprecladon PASSED AND APPROVEDMi the ~ -dayof ! r IACK ER, MAYOR s ATTEST: • JENNIFER WALTERS, C1TY SECRETARY a, APPROVED AS TO MAL FORM: 1 ILE"PRT L, PROUTY, CITY ATTORNEY , l zx C7 32k~❑ • p Apenda No. Agenda Item Date in uppree:iution of JACK JARVIS wHEREAS, on Juwuy 31, J"8 lade Jw* tecirod, after w*S whh the City of Denton since December), 1979; acid WHXPJV , dur4 the pad 19 ymm Jack hu rep: =ted oar city ae an e>ta:nple or a quohiy wMee employe!; and WH E RTAS, the Cky of Denton het been fortunate in having erM ed n:t dedkated and oulst"n/ service of Jack and wishes to rwovdm the !snit; a+d WHEREAS, Jack )We hu always served above and beyond the cMciene discMrge of all his dudes in pmmoba the n sud Xospufty t0of C,City, and hr tarood the fun m" or his fellow emocycee, oollosguea and el THE COUNCIL OF THE CITY Of DLNTON HIMY RLSOLVO: That floe dnce a and wum apptecladon of Jack Jarvis feh by the NtWns ud olFioas of the City or Demon, be formally come* to him Ice a permoetent nanuter by recording this Resolution upon tlx offIcW minwes of the City Council of the City of Donlan, Taus, sad forwarding loJack is true Dopy thaeof u s token of our siVocWlon. PASSED AND APPROVED this the dayof 19 OR lAC I,ER, MAYOR ^ ATTEST: JENNIFER WI,/.TERS, MY SECRETARY ~ • I dam I , APPROVED AS TO LEGAL FORM: HBRDERT L. PROUTY, MY AVORNEY ~ • • a 25 32x10' 0 Agenda No - 7d~ J Agenda Item ____t[L Date AGENDA INFORMATION SHEET AGENDA DATE: February 3,1998 DEPARTMENT: City Manager's Office CM: Ted Denavides, 349-8307 I SUBJECT Request for Exception to the Noise Ordinance for the pouring of concrete between the hours of 2:00 a.m. and 7:00 a.m. at 1025 Shady Oaks. BACKGROUND Mr, Billy Chandler, representing Bill Chandler & Sons Contractors, has requested that the City Council grant an exception to the noise ordinance for the pouring of concrete at 1025 Shady Oaks on Tuesday. February 10, 1998 between the hours of 2:00 a.m and 7:00 a.m, (Attachment 1). Mr, Chandler has been contracted by Denham Builders In the construction of their 20,000 ft. warehouse to pour approximately 800 to 900 yards of concrete that must be poured at one time, 7hef ob will take approximately 18 hours and therefore must be started very early to ensure completion. The main source of the noise during this time will come from the trucks used to haul the concrete, These trucks will travel on Loop 288 to Spencer Road, briefly on Woodrow Lane, then onto Shady Oaks. 1 The crew of approximately 25 men will use light plants that will be directed down at the gtound where the concrete is being poured, To the right of this property Is Affordable Storage whose office does not open until 8:00 s.m, To the left of this property Is Ferguson Plumbing whlch also opens at 8:00 a.m, and has even offered the use of their parking lot for trucks. The residential area to the north is approximately 114 mile away, as is the residential area to the south. As you know, the noise ordinance declares the erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 j r am, and 8:30 p.m., Monday through Saturday a noise nuisance (Attachment 2). According to the amended version of the ordinance (95.184) the earlier time of 6:00 a,m. J is acceptable during the time period from June I to September 30 (Attachment 3). lowever, this does not apply at this time and the ordinance does provide that the City i Council may make exceptions when the public interest is served. i t 32 • r r I ~ sa I • ® r I The organizers have been informed that should Council approve this request, Secdon 20- 1(a) of the City of Denton Code of Ordinances states: It shall tx unlawful for any person to make or cause any unreasonably loud, disturbin{, unnecemary noise which causes or may cause material distress, discomrort or injury to persons of ordinary tens bllitles In the Immediate vicinity thereof, ~ I[ ESTIMATED SCHEDULE OF PROJECT This project will begin at 2:00 a.m. on February 10, 1998 and be completed at approximately 8:00 prm. that evening. Mr, Chandler requests that additional alternate dates of February 11-16 1998 be approved in the event of poor weather. I r1AY Attached RESPECTFULLY SUBMITTED: Ted Benavides City Manager ~a Prepared by: i C k~w , nni r Goodman anagement Assistant Attachments: 1, Request from Mr. Billy Chandler r .r • 2. Noise Ordinance 3. Ordinance 95.184 4. Map Idle 2 - 25r~❑ 32XID f 0 JAI4-30-90 WED 09150 80NNTAG TRUCKING 244+294+1390 P.02 . 1 Bill Chandler & Sons 304 Lois 9vee1 Woy, Tem 7091 January 30, 1998 City of Dentori, Texas 213 East Mcklruiey Denton, Texas 76201 ATTN,i Jennifer Ooodnian Administrative Assistant City Mangers AOko Reference; Request for Exception to City of Denton Noise Ordinance. Dear Jennifer, I am tespect>Llly requesting an exemption from the Nolte Ordinance on February 10, 1998, beginning at 2 a.m.. Thig request Is being made for a conshvcton site located at 1025 Shady Oaks In Denton. At this time and location we would like to begin a concrete placement that would involve a concrete pump, approximately 80-90 loads of concrete as well as 10.1 S concrete finishers, Also a Portable Light Plant would be used to pmvide adequate lighting for the job site. The lights would be directed down towards die Foundation. No air honit of P.A. systems would be used and nolm will be kept to a mWmuin. 1 I sinoerety believe die public Interest will benefit Goni a safety standpoint, By starting at this time we will reduce the amount of heavy equipment on Shady Oaks which appears to ' become somewhat congested behveen the time of 7 am. to 9 a.m. Also it will grasly reduce die amount of hafllo on highway ago between 371 and loop 188. Which is under I construction and Is somewhat unsafe between all dayligbt horrn (in my ophdon). Thug we ' would greatly reduce the amount of heavy equipment on this shetch of road during its most heavily used times, Bill Chandler Jr, 3 r-M 751) 32xIEI l11N-i1 Ne1-N~p ~i~ie ioN INC lU~7fe•Itli• •.1e ' From: /L L ~ a~~ Ltd 1 i Re: deW i Total pages Including cover sheet _ I i BIII Chandhr 8 Sons l01tM Aer Nhd. }xn fem ~ _ _ li hwity J0. IM I_ ADDENDUM. ONE • R£f'1;R£NC£: 9dl Chendlel• request ofswempeon Maw% p6cam4r,t do xebmuy I1.1d. 1491 , i ~ d 714 b ibteuee Iooebd Dearer le 0* ptojem ue 7Wue of Ow request. ~ i i 7M dout wMmKS G lonted App vWmA y 441 yde (U1 mtle) &am Ibe eia. I 4 ~5 • 32XIO .,w Chapter 20 NUISANCESO Art. 1. In General,;170.1-20.90 Art. 11. Abandoned Property, 1120•SI-20.70 , Div. 1. Gr arally, !120.31-20.40 Div. 2. Motor Vehicles, 612011-20.70 Art. W. Grow and Weeds, 912071-7071 ARTICLE 1. IN GENERAL See. 301. Noise. iIt oat It shall be unlawful for any person to make or cause any unreasonably loud, dies 1 1 turbine, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. ibl it shall be unlawful for any person to make or cause any noise of such character, Intensity and continued duration u to substantially Interfere with the comfortable erdoyment of private homes by persons of ordinary sensibilities. it) The following acts, among others, are declared to be noise nuisances In violatlon of this Code, but such enumeration shall not be deemed to be exclusive: l Ll The playing of any phonograph, tslevielon, radio or any musical Instrument in such { manner or with such volume, particularly between the hours of 10:00 p.m. and 7 00 1 a m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary set sibilities In any dwelling, hotel or other type or residence; I 131 The use of any swionary loudspeaker, ampWiar or muslod lnstrtment in such manner or with such volume as to annoy or disturb persons of ordinary unsibllltles in the Immediate vicinity thereof, particularly between the hours of 1040 p.m. and 100 a.m., or the opentloa of such loudspeaker, amplifier or muskil Instrument at any tiara on Sunday. provided, however, that the city council may make exceptions upon appiiostlon when the publle interest w%be served thereby; 13) The blowing of any steam whistle attached to any st&Uonary bolter or the blowing of any other loud or far-reaching steam whistle within the city Limits, estept to give notice of the time to begin or stop work or as a warning of danger, between the hours of 7:00 a.m. u►d 130kp.mon any budding at any t41 tiThe me other than excavation, , Monday through • • • JLJ screw teferenaee-peoteeted migratory bird roeeu declared nuisance, 1641. Inspection I and abatement warmu,1 10.16 st wq.t Lnseet and rodent control. in mobile beta and fee. national voweld perks, 134.91, gup/. No, I I 5 ti - 32 ti*A n IIIIIIII i e „a1LVM'A 0 ,...z~tgpYa 120-1 DENTON CODE Saturday; provided, bowever, that the city council may issue special permits for such work at other hours in ew of urgent npceuity and in the interest of public safety and convenfenca; 18) The creation of any loud and excessive notes in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, basso, crates or can. tamers; , 161 The us of any drum, loudspeaker or other ln+trvment or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, We of mnchandise or display which causes crowds or people to block or congregate upon the sidowall a or stroots near or adjacent thereto. (Code 1966, It 1420, 14421) Cron refereoee-Animal noiss,16.26. See, 20-2. Odom fat it shall be ualawM for any person to create or cause any unreasonably moalous, unpleasant or strong odor which causes material dlatress, discomfort or injury to persons of ordinary sensibilities in the Immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stanch or smell of such interfere with the comfortable / 1 character, strength or continued udrt of ordinary sensibilities. o*yment of private homes by persons (c) The following acts or conditions, among others, an declared to be odor nuisances in violation of this Code, but such enumeration shall not be doomed tt be esclusivs: (1) Offensive odors from cow Iota, hog pone, fowl coops and other similar places where animals an kept or fed which disturb the comfort and repose of persons at ordinary sensibilities; (2) Offensive odors from privies and other similar pieces; (31 Offensive odors from the use or peeeassiem of chanlads or from industrial pr*come or activities which disturb the comfort wA Mass of psrsmts of ordinary sensibilities: 1 t4) Offensive odor !tots woks from the burning of trash, rubbish, robber, chemicals or other thing or subelaneas; (6) Offensive aders from stagnant pools allawod to remain on any promises or from rattin gerbage, rsPon, offal or dead animals on any premisee. t (Cods IM, if 14tt,14M) set, tea. Garbais, trmak and rubMai atsieaae+a-Waralb, r {a) Storing or Asepfng garbage, tmh and rubbleb. The atoring at kesptng of any and all stuhs, heaps or plies of old lumber, rettw, junk, old on or machinery or parts thereof, 4 alt gubags, !task, rubbish, scrap malarial, ruins, dsmollshod or partly demolished ss wurs or buildings, plies of stones, bricks or broken rocks an any promise bordering sny pubhe street ~ )re t 6 32' o fi`""DOLf\ORD\NOSft JW1 ORDINANCE NO. 9~'-IPA A ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-1 "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION, ALTERATION, OR REPAIR WORK ON ANY BUILDING; PROVIDING FOR A PENALTY OF $500,00 FOR ANY VIOLATION HEREOF! PROVIDING A SAVINGS CLAUSEI PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That Sutsection (c) (4) of section 20-1 "Noise" of the Code of Ordinances of the City of Denton is hereby amended to read as followsi Sec. 20-1(x)(4)• The erection, excavation, demolition, alteration, or repair work on any building at any time other than between the hours of 6100 a.m. and 800 p.m. Monday through Friday from June 1 to September 30) between 7100 a.m. and 8130 P.M. Monday through Friday from October 1 to May 31f between 8 a. m, and 830 p.m. on Saturdayl and between 1f00 p.m. and 800 p.m, on Sundays provided, however that the City Council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and conve- nience. SECTION II,, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. S$CTiON I11- That save and except as amended hereby all the remaining sections, sentences, and paragraphs of Section 20.1 "Noise" of the Code of Ordinance of the City of Denton steal] remain , ♦ In full force and effect. SZQTION 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-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the • date of its passage. ,J~ + PASSED AND APPROVED this the ~ day of~ 1995. BOB C T EBERRY, 7 32XIO ATTEM JENNIFER WALTERS, CITY SECRETARY BYs APPROVED TO LEGAL FORMi HERBERT L. PROUTY* CITY ATTORNEY BYl i ,r~Y 1 B 25 lo 32xl 0 ' O r. ,:1° ° a C fop m ~.t, AN CJ C. 7 U ~ \-J SHIA AK l Cil7FC I tln COO 17, Me l till L_] y` 1 t Apends No. Apanda Item _ Date AGENDA INFORMATION SHEET AGENDA DATE: February3, 1998 DEPARTMENT: Finance - Purchasing ACM: Kathy DuBose, 349.8228 i SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER TO JAGOE PUBLIC CO„ IN THE AMOUNT OF $645,614.27, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DALE (DID 0 1146 - MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER M THE AMOUNT OF $645,614.27). BACKGROUND Tabulation Sheet 1 ESTIMATED SCHEDULE OF PROJECT McKinney Street Paving and Drainage is scheduled for completion the middle of May assuming a February 15 start dale. Woodrow Lane Sanitary Sewer is scheduled for completion the middle of April assuming a February IS start date. PRIOR ACTIQNMVIEW(Councl.Boards, .ommtsslensl 1 This item was prepared for Council approval on January 20, 1998. Backup to the Consent 1`3 Agenda item was distributed with the packet for that council meeting, no backup contained the Interlocal Cooperation Agreement with Denton County, however, that agreement expired September 30, 1997. We are again presenting this item for Council approval. The backup now contains Attachment 0, the amended Interlocal Cooperation Agreement as approved by the Commissioners Court on January 27,1998. FISCAL INFORMATIQjy ~f Funds for this project will come from account numbers 673-082.RD96.V612.9138 (WIWW Engineering), 452-020-DPkN-9507.9108 (Engineering), 610-103.1031.3660.9220-CO32601A (Electric Engineering), and on Interlocal Cooperation Agreement with Denton County for street Improvement I 2ti x 32X a ® r AGENDA INFORMATION SHEET FEBRUARY 3,1998 PAGE 2 OF 2 I BID INF)ORMALTIO i We recommend approval of a contract with Jagoe Public Co. In the amount of $645,614.27 for approximately 1,000 feet of street widening paving and drainage improvement on McKinney Street west of Woodrow Lane and approximately 2,400 feet of sanitary sewer from Mack Addition south on Woodrow Lane, This project is the result of the Denton County Courts Building as well as recent apartment construction in this area. The single bid of Jagoe Public Co. Is below our engineer estimates of $670,000 and within j budget. Bid notices were sent 10 sixty contractors and only one responded. Respectfully submitted: Name: Tom D. hew, C.P.M., 349.7100 Title: Purchasing Agent Attachment 0t t Tabulation Sheet Attachment 02: Intertocal Cooperation Agreement for Road Improvements between the City of Denton and Denton County, Texas Attsch ment O: Amended Interlocal Cooperation Agreement MAOMDA i a .i 2 n 32 x~a 1 9 ATTACHMENT # 1 BID $ 21 6 M SID NAME MCPOWW IT WIDINWGI JACOB WOODROW SANITARY SEWER /UBUO CO. OATS AMIN TOTAL 210 AWARD 1646,614,21 ADDENDUM 61 YES ; t' 3 j i ri ~ ~ r r lo~ 3 2s,r 10 32XII3 I 0 I ATTACM11 r 12 THE STATE OF TEXAS COUNTY OF DENTON I INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered Into by and between the City of Denton, Texas, a political subdivlslon of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the eompletivn of certain road improvements, hereinafter referred to as the "Project." WHEREAS, County Is developing Its real estate located on McKinney Street within the limits of City; and WHEREAS, City's Subdivision Rules and Regulations require that County make certain Improvements to McKinney Street, including widening of McKinney Street and dralnoge Improvements, the Project; and WHEREAS, City has Identified McKinney Street as one on its Master Thoroughfare Plan, requiring certain Improvements; and WHEREAS, widening of McKinney Street has been placed on the Texu Highway Department's list of future projects; and WIIEREAS, City and County value the early completion of the Project; and i WHEREAS, City and County mutually desire to be subject to the providons of V.T.C.A., duvernment Code, Chapter 741, the Interlocal Cooperation Act; and WHEREAS, City desires the participation of County in the Project as authorized • by V.T.C.A„ Transportation Code, Section 231,012; r • NOW, THEREFORE. it is mutually agreed reed by the parties y g y hereto As follows: ICA.Denton.McKinney 4 0 32X I O :-maw I. The term of this Agreement shall commence on October 1, 1996, and shill end on September 30, 1997, unless sooner terminated as provided In the succeeding provisions hereof. II, The Project Is described as fellows: In the City of Denton, Texas, widening of McKinney Street from lannle Street to Woodrow Lane, Including drainage improvements, as required by City's Subdivision Rules and Regulations, and Including all surveying, englnearing and construction. It Is expressly agreed and understood that all of County's obligations pertaining to McKinney Street Improvements with relationship to the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project. 1l1. i Pursuant to V,T.C.A., Oovemment Code Section 791.011, the parties hereto agree that the purpose of this Agreement Is to ensure that certain governmental functlons and services In the area of streets and drainage are performed. The parties hereto further agree that each of them Is authorized to perform the functions and services Individually, IV, As required by V,T.C.A„ Transportation Code Section 251.012 and as evidenced by the signature of the City's representative below, the goveming body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate In or to fund $300,000.00 toward financing the improvement of a street In the County that is located In the City, V • In performance of this Agreement. City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICA.Denton.McKlnney b 10 32X10 UNION ' o I I I I maintenance responsibility and for securing all necessary surveying, engineering and i construction services related to the Project. City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project, City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below, Vi. As City proceeds In the completion of the Project, it shall submlt to the Denton County Auditor, at 301 Last McKinney Street, Denton, Texas 76101, Invoices on a monthly basis for reimbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these invoices. Attached to this Contract Is a certification by the County Auditor that the County shall Include the sum of Three Hundred Thousand and no/100 (1300,000.00) Dollars In its 199697 budget and that this amount sh,rll be Itemized, set aside and approved by the County Commissloners Court to be expended for the project that Is the subject of this Agreement. Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NOI100 ($300,000.00). VII. , In performance of this Agreement, County agrees to assist City in expediting the completion of the Project. It. as construction of the Project proceeds, City determines it prudent to close McKinney Street, County consents to the closure. In further performance of this Agreement, County agrees to reimburse City, from Its current revenues, a sum not to exceed that stated above, Vill. This Agreement may be terminated in whole or in pan by County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting patty 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 ICA.Denton.McKinney is In 32XIO Will i ,eaorrw . 0 -xew®b eefaulting party Is given (1) written notice delivered by certified mail, return receipt requested of Intent to terminate setting forth the substantial failure to perform; and (2) not less than thirty (30) calendar days to cute the failure; and (3) in opportunity for consuitatlon with the terminating party prior to termination. In the event of termination by the County, County shell reimburse City for all invoices submitted up to and Including the date of termination. Notices shall be directed a• follows: I For City: For County: Jeff A. Moseley Denton County Judge I I0 Eut Hickory Denton, Texas 76201 with a copy to; Dlstdci Attorney's Ofllce/C:vil Division 319 West Oak Street Denton, Texas 16201 IJL The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all panics In Denton County, Texas, The panles mutually agree that venue for any obligation arising from this Agreement shall lie in Denton, Denton County, Texas. X. d This writing Is Intended by the pants as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modlfied or rescinded only by a wddng signed by both of the parties or their duly authorized gents. X1. This Agreement is not Intended to extend the liability of the parties beyond that r provided by law. Neither County not City waives, not shall be deemed hereby to walve, tCA.benton,McKlnney ~ x l0 32 xC • O ~a;;rte any Immunity or defense that would otherwise be available to it against claims arising by third parties, X11, In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the panles hereto that the remaining portions shall remain valid and in full force and effect to the extent possible, X111. The undersigned officers and/or agents of the parties hereto are the properly authorized ofilclals and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby cenifles to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED In,duplicate originals this, the ; day of , 1996. COUNTY CITY Denton County, Texas C;' ty of Denton. Texas 110 West Hickory 2S East McKinney Street Denton, Texas 76201 Denton, Texas 76201 By; Byt-" 1 JE A. Moseley 7 z T¢ v 'fienton County Judge Acting on behalf of and by Acting on behalf of and by + authority or the Commissioner authority of the City Council of Court of Denton County, T A-S Coll Denton, Texas Auesti l j Attest: ' n Tins Hodges, County 1CA,Denton,lticK1nney e h 3 2 u • I 0 . i i 'Aff I i i Approved as to form: Approved as to form: " I gt~ Assistant District Attorney City Attorrpy AUMTORIq CRRTIFI AT I hereby certify that pursuant to Commissioners Court order # W,funds will be available In fiscal year 1996.1997 In the amoun of THREE HUNDRED THOUSAND DOLLARS ($30000.00) to accompllsh and ay the 0111411on 91 Denton County, Texas under this Asreement, 1 es ell If, odnty Auditor I k I fit' i f I [CA, Denton.,Mc Kinney i . Iq 32XI 0 0 Attachment 3 THE STATE ON TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT Is made and entered Into by and between the City of Donlon, Texas, a political subdivision of the state of Texas, hereinafter referred to as "City" and Denton County, Texas, acorporate and political body under the laws of the Stale of Texas, hereinafter referred to as "County" for purposes of the completion of certain road Improvements, hereinafter referred to as the "project" WHEREAS, County Is developing Its real estate located on McKinney Street within ' the limits of City; and WHEREAS, City's Subdivision Rules and Regulations require that County make certain Improvements to McKinney Street, including widening of McKinney Street and drainage Improvements, the Project; and WIIEREAS, City has Identified McKinney Street as one on Its Muter Thuroughfare Plan, requiring certain Improvements; and 1 WIIEREAS, widening of McKinney Street has been placed on the Texas Highway Department's list of ruture projects; and WI IEREAS, City and County value the early completion of the Project; and Wilt-REAS. City and County mutually desire to be subject to the provisions of V,T,C.A., Government Code, Chaplet 791, the Interlocal Cooperation Act; and WIIEREAS, City desires the participation or county In the Project m nuthorited by V,T,C.A„ Transportation Code, Section 131.012; NOW, THEREFORE, It is mutually aimed by the parties hereto as follows; ICA,tknlon,McKinney I 10 7~iY~ 3 2x~ j O 4 lion" I I The tern of this Agreement shall commence on October 1, 1997, and shall end on September 30, 1999, unless sooner tenninaled as provided In the succeeding provisions hereof. if. The project is described as follows: In the City of Denton, IeKal, widening of McKinney Street from Lonnie Street to Woodrow Lane, including drainage Improvements, as required by City's Subdivition Rules and Regulations, and Including all surveying, engineering and construction. i It Is exprossly agreed and understood that all of County's obligations on or with rc:adonship to resulting from the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project, III. Pursuant to V,T.C A„ Government Code Section 791.011, the parties hereto agree that the purpose of this'Agreement is to ensure that certain governmental functions and services In the area of streets and drainage are performed, The parties herclo further agree that each of them is nuthoritcd to perform the functlons and services Individually, 1V. As required by V.T.C.A„ Transportation Code Section 291.012 and as evidenced by the signature of the City's representative below, the governing body of City by the I execution of and approval of this Agreement approves of the expenditure of County money to participate In or to fund SM,000A0 toward financing the improvement or a street in rite County that is located In the City, 1 J In performance of this Agreement, City agrees to assume responsibility for seeking the removal or the referenced section of highway from die State Illghwity, Department's I ICA.Deniori McKinney 2 11 0 maintenance responsibility and for securing all necessary surveying, engineering and consuucUon services related to the Project. City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project. City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below, V[, As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, Invoices on o monthly basis for reimbursement and County shall reimburse City for Ali expenditures related to this project with Thirty (30) days of receipt of theEe Invoices. Attached to this Contract Is a certification by the County Auditor that the County has the sum of Three hundred Thousand and noll00 (3300,000.00) Dollars In its 1496-97 budget and that this amount has been itemized, set aside and approved by the County Commissioners Court to be expended for the project that Is the subject or this Agreement, Reimbursement from E County to City shall not exceed the gum of THREE HUNDRED THOUSAND DOLLARS AND NOll00 ($100,000,00). Vll. , in performance of this Agreement, County agtces to assist City in expediting tite completion of the Project. If, As construction of the Project proceeds, City determines it f prudent to close McKinney Street, County consents to the closure, • In ruriher rcrrormame of this Agreement, County agrees to reimburge City, (ruin its current revenues, a sum not loexcced that gtaled above. Vill, This Agreement may be terminated In whole or In part by County of City upon • thirty (30) days' written notice to the other pally setting forth a substantial failure by the defaulting 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 ICA.Denton.McKinney 3 12 x 25 , 0 32 X I o defaulting party Is given (1) written notice delivered by certified mail, return recelpt tequesled of Intent to tennlnate setting forth the substantial failure to perform and; (1) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, County shall reimburse City for all Invoices submitted up to and including the date of termination. Notices shall be directed is follows: rot City: Rick Svehls Deputy City Manager City of Denton 215 Past McKinney Denton, Texas 76201 pot county: Jeff A. Moseley Den lon County Judge I I0 Lras1 II ickory Denton,Texax 76201 with a copy lo: District Attorney's Office/Civil Division 324•A McKinney Denton,Texas 76201 IX The covenants, conditlons and terms hereof art to be construed under the laws of the state of Texas and are performable by all parties In Denton County, Texas. The parties mutually agree that venue for any obligation arising from this Agtmment shall lie In Denton, Denton County, Texas. X. This writing Is Intended by the parties a% a final expression of their agreement and , ! as a complete and exclusive atatetnent of the terms of their agreement. This Agretmeat can be rnodifled or rescinded only by a writing slgned by both of the parties or their duly ~i authorized agents. XI. J~O 't'his Agreement Is not Intended to extend the liability of the partks beyond that provided by law, Neither County nor City wolves, not shall be deemed hereby to waive, 1 ICA,Denlon,McKinney 4 13 2.5 x 0 32 x 0 any immunity or defense that would otherwise be available to It against claims arising by third parties. XII. In the event that any porion of this Agreement shall be found to be contrary to law, it is the Intent of the parties hereto that the remaining portions shall remain valid and In full force and effect to the extent possible, XIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now In full force and effect. PXCCUTLD In duplicate originals this, the day of ,1998. COUNTY CfrY Denton County, Texas City of Donlon, Texas 110 West Hickory 213 Last McKinney Street Denton, Texas 76201 Denton, Texas 76201 By, By,_ A. Moseley . Man County Judge Acting an behalf of and by Acting on behalf of and by , authonty of the Commisslanrrs authority of the city council of Court of Denton County, Texas Denton, Texas j Attest; Attest; • i Tim [lodges, County Cltrk [CA.Dcnton.McKinney S 14 - 26 x 32x I O I Approved as to form: Approved as to form: A1 /VO'v (,GOV1X 4 Assistant District Attorney Assistant City Attorney AUDIT R'S CERT F'ICATB I hereby certify that pursuant to Commissioners Court order # funds will be availabk in fiscal year 1997.1998 In the amount or THREE HUNDRED 11111OUSAND DOLLARS (S300,000.00) to accomplish and pay the obligation of Denton County, Texas under this Agreement. } i James Wells, County Auditor r" M '6 I ICA.Dentnn.McKinney 6 Is rx~~ 32x10 s a atom ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEAVER TO IAGOE PUBLIC CO., IN THE AMOUNT OF $645,614.27; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECMT, DATE (BID N 2146 - MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER IN THE AMOUNT OF $645,614.27). 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 mid 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, I 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 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 AMC) 2146 JAGOE PUBLIC CO. $645,614.27 • SECTION II. 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. I 1 I 16 _ 7 x ~0 32XIO SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified stuns contained therein SECTIpNIV,. 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 in such approved bids and authorized contracts executed pursuant thereto. SECTION V_, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1498 i JACK MILLER, MAYOR 1 J ATTEST: JENNIFER WALTERS, CITY SECRETARY r+ v BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2146.CONTRACT OWNANCE I 17 X 0 32X1 , n ' Agenda Ro. Agenda IN Date r AGENDA INFORb1ATION SHEET AGENDA DATE: February 3, 1998 DEPARTMENT: Finance -Purchasing ACM: Kathy DuBose, 349.8228V I SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 4 2149 - TRUCK BEDS AND BODIES - TOTAL AWARD $35,651,85). BACKGROUND Attachments t - 4 ESTIMATED DELIVERY SCHEDULE OF PROJECT 30 to 90 days after receipt of order PRIOR ACTION/REVI W (Council Boards Commission The purchase of the truck cab'chassis these beds and bodies wifi be mounted on was approved by Council on November 18, 1997, Bid N 2115 - Fleet Vehicles. I FISCAL INE010 These bed and bodies will be purchased from motor pool replacement funds or from budget funds approved in the 1591198 budget process for vehicles. $1D iNFORNIAT10N This bid is for the purchase and installation of nine truck beds and bodies of various configuration. We are recommending award to the lowest bidder for each item with a total bid award of S35,651,85. 75 x 10 32XIO • ,ANN"" 7 2 w„ . , , . 1 AGENDA INFORMATION SHEET FEBRUARY 3,1998 1 PAGE 2 OF 2 r 1 Respectfully submitted: t ~Z>~~j III Name: Tom Shaw, C,P.N1., 349-7100 Title: Purchasing Agent { I 99s ADEN n 1 i f,, 1 2 -2.5)K ❑ 32x+❑' ATTACHMENT # 1 BID A 2149 BID NAME TRUCK BED AND BODIES ITEM 1 CONTRACTORS DUMP BODY 14' ft FOR INTL CAB CHASSIS ORDER' VENDOR PRICE .dd i FT. WORTH TRUCK $6j426 2 COMMERCIAL BODY $1385.00 3 FONTAINE TRUCK $1966.75 4 A.O. d VAN TRUCK NB BID 0 2140 BID NAME TRUCK BED AND BODIES ITEM 3 - DUMP SED BODY 11"AS' FOR CHEV CAB CHASSIS ORDER VENDOR PRICE F 1 FT. WORTH TRUCK 06,413.00 2 A.O, VAN 9 TRUCA $7,040.00 3 FONTAINE TRUCK $1297.00 4 COMMERCLAL BODY $4,208.001 FT. WORTH TRUCK • REM 1 AND ITEM 3 Dallv►ry 30 days 3 z5 10 32x10 a a , I i I I ATTACHMENT #2 BID A 2149 BID NAME TRUCK BED AND BODIES ITEM 2 « FLAT BLC BODY 'I1'X9' FOR CHEV CAB CHASSIS ORDER • VENDOR PRICE 1 FONTAUIB TRUCK $3,030.00 2 A.O. VAN & TRUCK $3100.46 3 DALLAS PETERBILT $3.258.00 4 DALLAS MACK $3400.00 BID 9 2149 13I0 NAME TRUCK 3ED AND BODIES ITEM 9 - SERVICE BODY WITH FRONT VERTICAL COMPARTMENT ` ORDER VENDOR PRICE 1 FONTAINE TRUCK 9015.00 2 COMMERCIAL BODY $680300 3 A.O. VAN S TRUCK NB 4 FT WORTH TRUCK & SUPPLY NB FONTAINE TRUCK • ITEM 2 AND ITEM 9 0Wviry 60.90 Days a 1 zSxid 32x1! • ATTACHMENT $ 3 i BID 9 2149 BID NAME TRUCK BED AND BODIES i i ITEM 4 , w (FLAT BED BODY 0' X 9' FOR CHEV CAB CHU318 ORDER' VENDOR PRICE 1A COMMERCIAL BODY 4.00 2 FT. WORTH TRUCK $1290.00 3 FONTAINE TRUCK $1425 00 4 A.G. VAN 6 TRUCK $1,828.65 COMMERCIAL BODY • ITEM 4 r Ddlvary In 60.90 4sys ~ I {I I i 5 ~I • ATTACHMENT 0 4 BID 0 2149 BID NAME TRUCK BED AND BODIES ITEM 3 SERVICE BODY FOR 1998 S TON DODGE CAB CHASSIS ORDER VENDOR PRICE , 1 A.O. VAN A TRUCK $3,219.00 2 FONTAIN TRUCK $3708.00 3 COMMERCIAL BODY $4,088.00 4 FT WORTH TRUCK d SUPPLY NO BID N 2149 BID NAME TRUCK BED AND BODIES ITEM 7 - SERVICE EODY LOW PROFILE FOR 19981 TON DODGE CAB CHASSIS ORDER VENDOR PRICE 1 A.G. VAN & TRUCK $2,060.93 2 COMMERICAL BODY $373200 3 FONTAINE TRUCK $3,837.00 i 4 FT WORTH TRUCK b SUPPLY NB i } A.O. VAN 6 TRUCK - ITEMS S AND ITEM 7 DELIVERY IN 80.90 DAYS 8 ?x o 32x1 • e®irir • ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2149 - TRUCK BED AND BODIES - TOTAL AWARD $35,651.85). WHEREAS, the City has solicited, received and tabulated compedtive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest msponsibl4 bids for the materials, equipment, supplies or services as shown 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER AQ.. VENDOR AMOUNT 2149 103 FT. WORTH TRUCK & SUPPLY EXHIBIT "A" 2149 2,6 FONTAINE TRUCK EXHIBIT "A" 2149 4 COMMERCIAL BODY EXHIBIT "A" 2149 5,7 A.G. VAN & TRUCK EXHIBIT "A" 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 Imitations, Bid ' Proposals, and related documents. f 7 i 25 K 32X IO i ~ I Awrra -4er~s SECTION TII, That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fo=al 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 bereto; provided that the written contract is in accordance with the terms, conditions, speci5cations, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION TV. '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. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1998. f 1ACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2149 SLPPLY ORDtNACE. e 25 32 x0 rsrirr EXHIBIT "A" ! a DESCIt1PTI0N- Y -f% . ~ PRICE MA) 1. 1 Conbiaott Dum Bad 14x8 for M. FLWorth Truck & S l $5,424,00 2. 1 Flat Bed for Chew S 11x8 Fontaine Truck S3 030.00 1 1 Dwny Bad B-odY for S duty i Ix8 FLWotth Tnrck & Supply $6,475.00 . 4. 1 Flat Bed Body 9x8 for awry S duty CommercW Body $1274.00 5. 2 Service bod for Dodge l Ton A.O. Van & Thick $3,219.00 6. 2 Service body W/front V Co aliment Fontaine Truck $5 ,015.00 7. 1 Low profile eavice body for Dod e 1 Ton A.O. Von & Truck $2,980.85 I r I ty.. ' I { e • e I~ Agenda No Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE- February 3, 1998 DEPARTMENT: Finance • Purchasing AC,NI: Kathy DuBose, 349.82281 SUBJE AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FINDS FOR THE ANNUAL LEASE PAYMENTS FOR AN IBM 9221.191 MAINFRAME COMPIITER(PROCESSOR BID BY THE STATE PURCHASING GENERAL SERVICES COMMISSION AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER to 82630 - IBM CORPORATION S 102,771.1P). BACKGROUND On 1utie 12, 1996 a presentation was made by the Director of Information Services to the Data Processing Advisory Board concerning the lease of a new mainframe computerlprocessor. The new IBSI 9221 mainframe and disk drives would be faster, more reliable, allow for additional applications, and could be acquired within current budget funding, The Data Processing Advisory Board approted a 3 year lease for the proposed IBM 9221.191 computer'processor on June 12, 1996. The lease proposal was then submitted to Council on November S. 1996 and the first year lease payments were approved. The attached ordinance and recommendation is to continue this lease and to approve the second 12 month payment In the amount of $102,771.10. F_;TINIATED SCHEDULE OF PROJECT C' p Annual lease payment for time period of 1.1.98 thru 12-31.9A. PRIOR ACTIOY EVIEW(Council, Boards.Commisslonal Data Processing Advisory Board approved a 36 month lease for this equipment o. Jm e 12, 1996; Council approved the first 12 month payment on November S, 1905, . r,. ~KICJ 32X Q . ALIKI W7 A , .aru.r •ar.aras AGENDA INFORMATION SHEET FEBRUARY 3,1998 PAGE 2 OF 2 r FISCAL INFORMATION Funds for the second year of this lease a1;r4 ement are available in the 1997198 budget account number 100-044.0080.8509. PURCHASE ORDER INF ORMATION Purchase Order 82630 to IBM Corporation is for the lease of the IBM Model 9221.191 mainframe computer/processor utilized by the Information Sen-ices Division to serve the City of Denton. The model 9221.191 processor has 64SIS of storage, 12 channels, and I I MITS rating. Also included is a 45 gigabyte DASD drive and controllers, along with full hardware maintenance, Respectfully submitted: Name: Tom Shaw, 349.1100 Title: Purchasing Agent F r ' Attachment #L Purchase Order # 82630 - IBM Corporation Attachment 02: Invoice #1671$05 from IBM Corporation Attachment #3: Data Processing Advisory Board Minutes of June 12, 1996 • 991 AGENDA i i 2 25 32Xq x 1 , 1 'UNION Ai'llou'limp.1140' 11 Ibis IIISn111tl 110111 N40"m 140 eR ct"IRMING WILK - IIIvuiCC♦ d hmmy 11.1m, a"S• OF MAAKEDI clns, bowos, psallrq dips And bins. 00 NOT DUPLICATE Rs4 Na Sid Na Oslse 01 16 9D Page No. 01 CIT DEN PURCHASING DIVISION 1 901 0 WAS SONf DENIONN, TEXAS 711201.4364 8401349-7100 DIfW PAIRO 8171207-0042 FAX 940130-7302 ENDOR IBM CORPORATION TNX AMEI 1605 LBJ FREEWAY DELIVERY CONFIRMATION ONLY C11 DORESS IIDpRESS INFORMATION SERVICES M DALLAS TX 15234 601 E HICKORY DENTONe TX 76205 DANA PHILLIPS VENDOR NO. 11149050 DELIVERY O110TED 01 20 98 FOB DESTINATION BUYER TS TERMS d) ' i 001 1.00 EA VENDOR CAT. I M / A NFO NAME 02e711.100 1020771.10 CITY 196220 ANNUAL LEASE PAYMENTS ON 109 9221-191 PROCES30R, RAMAC DASDe ESCOM ATTACHED AN IMTECRATED COMMUNICATIONS j ADAPTER VITH 3 19.2 COMNUNICAITON LINE. _i i P 06 TOTAL I 102e771.10 OR MD TOTAL I 1020711.10 100 044 0000 6509 1020771.10 j, `J iNODA RI314UCiNNSf; t. terms -Net 1fl Isnl IIwd Inlsk4 with 4yiiawls tePF. { 4. Sh ieltectknt 1.01. De1NMNM frs We" Mw.N M",*/01 NO W • Aca ons" 1 t Ns akfid M It" WAS Y0 OW III INIZ 211 1 McRinnef >l » F0kvt Wet „osww1 Ik 1114 4111 w. l 32 x I M ~ ATrACHMM 92 'op MfN pfClYpy+Nl ytltWMwrMfNfM At>srw hwnfr MM~M•rM. YwfRf MN TAM CoR►oRAT20q 1002610-77 Ip1305 JAN. 1990 ! 100A LL! FWMAT DA4 I Af TX TIM otA+wd IludiUnu1J16muIldu6ihluldlduuJL6luri1il s" 111001 941-7662 r r 3 irnuew n • CITY Of DENTON ACCOUNTS PAYABLE 215 E NUINNEY DENTON TX 76201.4229 cvl~ pew"" 100 70026R 1 Mnf Nand NtrgnNN PO SOX $419#3 CORPORATION DAr OF ro 6v~TOW~_T ' DALLAS, TX 73204-1393 M 2Mr0lCt WE INVOICE 1UMMARY UM CRLOIT CO"ORAMN 1sA!<1I,KNA = CNARG!! 102,771.10 k j I . i { l 1.721 Original Invoice PLEASE PAY THIS AMOUNT ltl2,771.10 r:r , .t, .,i, 4 2i'~~ 32XIC 0 O ATTAMI Mr 13 • ' MUM OF DATA PROCESSING ADVISORY BOARD MEETING OF J=12, 19% MEMBERS PRESENT. Don Edwards, Rosa Lawton and Renae Seely and Lupe Tavo: MEMBERS ABSENT: Bruce Mitchell MMU PRESENT: Gary Contra Rene Seely made a motion the minutes of the November 27, 1995 be approved. Rosa Lawton seconded the motion and it was passed unanimously. Gary Collins stated that the annual renewal of the IBM operating system software was due. Gard Collins expWaad that thin softlvaie wu accessary for the MM 4381 asainfraare to operate and ao appkfcatioa solhvare such u Payroll, lTtiiity Billini, etc. could tLnction without this software befog operational. Gary CoiIlns aLo explained that thin software is proprietuy and a single sautce vendor. Rou Lawton made a motion the Board recommend the City Council approve the annual maintenance agreement with JBM for maMterutocc of the operating system saftwaae. Lune Tavar seconded the motion and it passed unanintouafy. 1 Gary Collins explained that there was a software paclmge available from DaWon Technology, that would provide the using departments to download data from any of the ~ mainframe f1les to trod sheets, databases and documents on their PC's. Gary Collins stated this software was ualque in the way it took VSAM and tape Mes and made them appear as relations! databases. Gary Collin indicated during the trial period this software was used to download Waste Water data from the mainframe for as dysis in determining the extent of the rebate for February Waste Water billing. Rene Seely made a motion that the Board recommend the City Council approve the putuhtuo of this software • package from Derision Technology Imown as DecWon Aaaly= Rau Lawton seconded the motion and It paned unanimously. /Gary Collins explained that MM had introduced a new program that bundled software and hardwam. Gary Collins stated under this new program the Gray could requite a new • MM 9221 mainframe and aew disks drives for the budgeted coats usocisted with • • sofhvaro and hardwaro maintenance. Gary Coll1m axpWaed that this program was a 3 year Ime pumhase and was based upon aamud up Emnt payments. Gary COMM stated that the new mainframe computer would be 2.3 times fuser than the cuurent tnainfrante s 3 2 n , *a~ww lyafa rrDCmain~ navlap~r DOatd lave 12, 1996 ! Pane 2 anmputer and the new diaks woald have an edMwW 1 glgsbyh d dUk stae age than the I "v P dsh ddvaa. Guy Codlfm lndkwd that due to the reseed up Acct ate ne of the paynten! $rbednle that affy woald hsve to wait tmdi the of the taw fiscsi , you to enter into this apeement, Lope Tam made a mocha that the Hoard xmmmesd the City Coaadl sppr+ove a 3 rear law Mchw with Md fbr a ww MU 9Z? 1 m1nfrem* "d 2§w 45 *AbYlO D Lwton when the Amdlo= bee=* available. Ron acwWW t6 matlas said It passed nm bwWy. Gary Comm aglafwd that the City bed iostailed a new mbw of the Geographic Whrmadon Hydem MM settww and that die M=6000 wades is the Engineering and Plamdn j D wus y Wow dne to memory sine and • A"dowfly, OS' Collins sxpWnW that whey memory uppWw woes plod the cots toar &cTdm speed udwth ooata was snt +dady more than the memory and Gsry COMM MW a side bemllt d aogmfg saw worhtg&u for AM Ea g and Depuuwa is the odd worloetat[om could be used for General Pub11a scorn to dw City's GL4 tfwm• It is planned to piece om of the old workstations in City Sall Wadi,' City Hail sad iii 3ervioe Cetaeer !br use by the Geaeial Publla. Gary Coilim shad that the fbnda !6r thaw rspluesamb was raining primarfly Am des 1990 M CO panda. Rasa Lwwn nude a madon that the Hoard recmnmend the City Conseil approve the pneshtas of these new worlatadons fiom MM. Lttpe Tavor seconded tie modon ad ft passed unudmmwy. Thers being no l wdwr business the mesdag was adjourned. AM OM s 2h CI 32x113 0 ' o r I ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE ANNUAL LEASE PAYMENTS FOR AN IBM 9221.191 MAINFRAME COMPUTER/PROCESSOR BID BY THE STATE PURCHASING GENERAL SERVICES COMMISSION AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 0 82630 - IBM CORPORATION $102,771.10), WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, tl±e City Council has provided in the City Budget for the appropriation of finds ` 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 I. That the numLored items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Order" attached hereto, are hereby accepted and approved as being the !owest responsible bids for such items: PURCHASE OJMEg VENDOR AMOUNT 82630 IBM CORPORATION $102,771.10 SECTION 11. That by the acceptance and approval of the above- numbered items set forth in the attached purchase order, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, staadards, quantities • and for the specified sums contained in the bid documents and related documents filed with the • to J~w General Services Commission, and the purchase orders Issued by the City. r k 10 32XIO i 6 it I i • i i SECTION M. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the r City's ratification of bids awarded by the General Services Commission, 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 and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained In the City's purchase orders, and related documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount wtd in accordance with the approved purchase orders 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 M approval. PASSED ANO APPROVED this dayof_. _ 1998. JACK MILLER, MAYOR ATi EST: JENNIFER WALTERS, CITY SECRETARY 6Y: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r BY: 92610 STATE ORDNANCE I I / 8 memo" 2.5 x ~Cl 32XIO 1 ~+arar. Agaii N0. FgOndt Item Date AGENDA INFORMATION SHEET f , AGENDA DATE: February 3, 1998 DEPARTMENT: Municipal Court JUDGE: Robin Ramsay, 149-8139 SUBJECT A Resolution of the City of Denton, Texas, authorizing the submission of an application of the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevent ion/lntenention Program forjuveniles; and providing an effective data BACKGROUND I The Denton Delinquency Preventlonflntervention program received its first year funding April 1996. The Teen Court provides juveniles with peer judgment and actual accountability for their offenses, This year, the Teen Court has tried 140 cases with sentences of 4,413 hours of community service. This is equivalent to $29,225 worth of labor donated to nonprofit organizations. Next year the Teen Court plans to see as many as 115 defendants with the help of 109 volunteers and sentences up to 5,800 hours of community service provided to nonprofit organizations. The value of this service would be approximately $37,700. (See Grant Narrative and Summary) The Fred Moore After school Program served 37 youths in the after school program and 109 in the summer. Next year the program Is projected to serve 80 youths in the spring and 100 youths in the summer. (See Grant Narrative and Summary) FISCAL INFORMATION }a Grant funds of $197,774 for the next two years are being requested to fund the program ~ i. _r,_._Itospectt:r4iy-~bra~ttFd-~-~ r , -Robin Ramsay • . J • • Slunicipal Court Judge 1 x 10 32x14 i • l 's1~w ' I I DENTON DELINQUENCY PREVENTIONANTERVENTION PROGRAM THE DENTON DELINQUENCY PREVENTION AND INTERVENTION PROGRAM CONSISTS OF TWO STRATEGIES: • THE FRED MOORE AFTER SCHOOL PROGRAM: DELINQUENCY PREVENTION • THE TEEN COURT: DELINQUENCY INTERVENTION ILI ~ ; Z 5 0 32X n 2V~~ 1 FRED MOORE AFTER SCHOOL PREVENTION M F PROVIDES SUPERVISED ALTERNATIVES IN THE FOLLOWING AREAS: • PERSONAL DEVELOPMENT • CULTURAL ENRICHMENT • PHYSICAL RECREATION • EDUCATIONAL OPPORTUNITIES • DRUG AWARENESS SOCIAL SKILLS i 3 x1a 32XIO i s TEEN COURT PARTICIPANTS (INTERVENTION) • ARE REFERED BY COURTS • MUST ADMIT THEIR GUILT • ARE JUDGED BY THEIR PEERS • ARE SENTENCED TO COMMUNITY SERVICE • EXPERIENCE CONSEQUENCES FOR ACTIONS • BENEFIT COMMUNITY CHARITABLE ORGANIZATIONS • SOME MALE PARTICIPANTS MUST VISIT A TEXAS YOUTH COMMISSION FACILITY I 7 x t_i Z1 X FRED MOORE AFTER SCHOOL PROGRAM I ' ACTIVITY • 1997-98 GRANT YEAR: - 37 YOUTHS IN AFTER SCHOOL PROGRAM - 109 YOUTHS IN THE SUMMER PROGRAM • 1998-99 PROJECTED: - 80 YOUTHS IN AFTER SCHOOL PROGRAM - 100 YOUTHS IN THE SUMMER PROGRAM I 1 { 25 x' 0 32 X I l • o TEEN COURT ACTIVITY • 1997-98 GRANT YEAR - 140 CASES TRIED - 4,413 HOURS OF COMMUNITY SERVICE PROVIDED - $29,225 WORTH OF LABOR DONATED 516 VOLUNTEER HOURS UTILIZED • 1998-99 PROJECTED - 175 CASES TRIED - 5,800 HOURS OF COMMUNITY • SERVICE PROVIDED - $37,700 WORTH OF LABOR DONATED - 645 VOLUNTEER HOURS UTILIZED G ~s Io 32x e i GRANT FUNDS REQUESTED a 1998-99 GRANT $97,887 1999-00 GRANT $99,887 7 ,h MID 32X~n IN-KIND MATCH THE VALUE OF ALL COOPERATING AGENCIES' FACILITIES AND PERSONNEL HOURS DONATED IS VALUED AT: • $134,202 FOR 1998-99 GRANT YEAR j 1 • $1349481 FOR 1999-00 GRANT YEAR » lel s ! 32XI o PROJECT NARRATIVE AI 1. What Is the specific problem to be addressed by this application? This application is for continuation of the Denton Delinquency PreventionAntervention Program " funded April 1, 1997, through March 31, 1998. The specific problems addressed include a continuing high incidence of criminal behavior escalating into more serious offenses by juveniles in Denton County. 2. Explain the nature and extent of the problem using verifiable statistics relevant to the proposed target area. Baseline data provided by the Uniform Crime Report shows the following statistics for juveniles in 1996; 0 VIOLENT % 0 PROPERTY % N OTHER % N TOTAL State 71695 3 84,285 37 140,306 60 232,186 Denton County 91 3 1,212 43 1,603 64 2,806 Denton City 48 6 377 38 664 67 989 The City of Denton and Denton County have a high Incidence of violent crime among juvenile offenders. The some is true for property crimes. This indicates a greater need for intervention that is above average for the State of Texas. Violent and property crime Is one percent higher than the State overall average. City statistics show a total of 6,313 juveniles residing in the city in 1996. Of the total number, 3,008 are boys and 3,305 girls. information provided by the Department of Public safety shows an Increase of 17% in the total number of juvenile arrests in Denton over 1995. In 1992, there were 677 juvenile arrests; in 1993, 676 arrests; In 1994, 952 arrests and In 1995 there were 1,720. With the increase in juvenile arrests and the taro tolerance policy adopted by the local school district, city and county judges are requesting that a teen court program be continued to address first-time juvenile offenders, We will continue to report on the current indicators, using the totals from the first and second year grant as the baseline for year three and four. There Is a predicted • need for Teen Court Intervention as a result of the Impact of juvenile sanctions for under age driving under the influence and attempting to purchase or possession of tobacco and alcohol. 3. What resources are currently being used In the applicant's geographic area to address this problem and how do those resources work together? At the present time, there are a number of agencies cooperating with the local Independent School • District to provide prevention and intervention programs. The City Parks and Recreation Department • y operates after-school child-care programs at different elementary campuses. The Community in jf Schools administers dropout prevention program at Denton High School. the Boys and Girls Club of i Denton, currently funded through this grant, provides at-risk juveniles, ages 8.17, with free alternative recreation and educational programs year-round. The Denton Team Court currently serves first-time juvenile offenders in the cities of Argyle, Aubrey, Copper Canyon, Corinth, Denton, Krum, Oak Point, Pilot Point, Ponder and Sanger, e•n I A Issued September 1997 9 - x 32xId t ' o i I ' I I I I PROJECT NARRATIVE 4. Identify the gap in available resources or services that makes this application necessary. A number of disadvantaged and at-risk juveniles live in Southeast Denton for whom there ara limited delinquency prevention programs available. The area surrout,ding the Fred Moore High School has been Identified as a high risk area predominantly minority and low income. Presently (excluding the Boys and Girls Club of Denton), there are no other delinquency prevention programs within walking distance after school, on weekends, or during the summer for juveniles under the age of 17 who live In this area. 5. If funded, how would the proposed project work with the community and with other agencies toward impacting the problem stated above? Juvenile Diversionary Services of Denton, Inc. (JDSD) is a collaborative, community-based organization encompassing a number of agencies and institutions that work together to reduce juvenile delinquency and fill gaps not provided by other programs. This collaborative organization is composed of representatives from the following agencies: Justice of the Peace, Denton County; Denton Municipal Court; Denton Police Department; Denton Independent School District; Taxes Women's University, North Texas University and its Police Department; Denton County Juvenile Probation; Texas Youth Commission and The Denton Bar Association. 8. What are the specific activities proposed for this project? Please include information on target area, population, and number of people served, (If a continuation application, state only what activities differ from the current year of funding.) New activities projected for FY 97198 Include: a,) Refocus Boys and Girls Club educational program to include multicultural and drug awareness, criminal risk avoidance and social skills; b.17o develop and implement a data management system; c.) To ensure continued collaboration and communication among the participating agencies; e.) To design and Implement public information activities; f.) To collaborate and implement rehabilitation activities with the Texas Youth Commission substance abuse halfway house. 7. Explain how the proposed project activities will address the problem stated In A.1.? i The Five now FY 97198 activities were developed to enhance the quality of the DOP/I program. ; . These activities address collaborative juvenile delinquency reduction as follows. Through McFadden Ranch, a Texas Youth Commission substance abuse halfway house, Teen Court participants ere exposed to real world consequences of substance abuse. McFadden youth reinforce rehabilitation efforts through participation as prosecutors and jurors in the Teen Court process. Teen Court participants receive awareness training in the consequences of Ineereeretlon through spending a day at McFadden Ranch, The educational focus of Boys and Girls Club will address awareness training ♦ about causal factors of juvenile delinquency and sock.i adaptation. The primary activities are designed to address better date management, assessma+ t sbli,ty, Increased communication, public knowledge of the program and collaboration among sgencies, The Boys and Girls Club of Denton WO COJ•4a Issued September 1997 10 - - 21'~x io 32XIO • PROJECT NARRATIVE provides juveniles within targeted locations with supervised alternatives in the following areas, personal development, cultural enrichment, outdoor/ physical recreation, and educational opportunities. Services are free of charge, and the facility Is within walking distance for + approximately 92% of the participants. Because the potential for delinquent activity occurs during unsupervised time, the program provides a structured alternative to reduce potential criminal behavior for at-rlsk juveniles In the community. The Denton Teen Court provides the juvenile justice system with a diversionary program for first. time offenders ages 12.17. The primary goal focuses on requiring offenders to be accountable for their actions through community service. Offenders are tried by teens (with the exception of the judge) utilizing peer pressure In a positive, effective manner. The early intervention aspect of this program reduces the likelihood of recidivism and escalation of serious crimes committed by juveniles In the community. 8, list the measures that the project will use to determine the effectiveness of the project and its Impact on the stated problem. Continued outside evaluation will be conducted to include; Quantitative evaluation ; Teen Court Survey, Denton Teen Court Evaluation for Parents and Defendants, Boys and Girls Club of Denton County Based on the 96197 Program evaluation, the Boys and Girls club survey instrument will be modified to Include student academic grades and the readability level will be improved for youth respondents, Qualitative evaluation ; Statistics from the Uniform Crime Aeports and local criminal /juvenile justice agencies, SES and ethnic date from Schools. Program quality will be assessed by compering new program information with baseline date over the three years. Teen Court and Boys and Girls Club i will Improve date collection at program completion and obtain perceptions of key participants concerning the program effectiveness. 9. Provide all available current Information tot each of the effectiveness measures listed above. Ili a continuation application, provide information for the last two years, including all information submitted to CJD on progress reports.) Teen Court I Program Yost g Taff C d'ne~tnaerllitles< lu Ethnleity CAutu 199x•46 6- 6 13 tea AI.LciLAit - 1906.47 67 13 60 91 49 33 11 46 Program year 0~n~Qytle Complcafflalloact ete r 149s•96 24 2 A4 31 so( 14ott•97 101 12 21 101 12 • Program year communitv_aerviae Moilm U~ggurs aqua ofunsa 1941.96 117 s 4,468 213 1996.97 4413 129,22! S16 J A comparison of information from PY 95196 to FY 9617 for the Teen Court intervention program r, suggests an 80% increase In the number of youth served, Characteristics of the youth program show 24% African American, 8% Hispanic and 88% Caucasian; 65% were males, Casa statistics r show approximately 48% traffic violations, 916 ordinance violations, and 43% panel code violations. The major referring court was Denton with 76% of referrals, Seventy-six % completed compliance ' requirements. The number of community service hours has increased 86% with a value for service at 629,225, Volunteer hours has increased 48% to a total of 616 hours, 1 Issued September 1997 25 x~ 32X(7' u.eoarr 0 PROJECT NARRATIVE Bove and Girls Club 110!•!1 Individual Statistics Afar School Proarsm 11de1e ~sx~e African AmeftAll 21 16 37 Individual Statistics Summer Procam $a11 Fthalod1Y M" Female African America 63 46 100 Characteristics of youth In the Boys and Girls Club prevention program show that the population being served In both the after school and summer programs are Africa American. These are approximately 67% male the after school and approxlmetely 68% male In the summer program. Specific recommendations made as a result of the outside program evaluation include: 11Two now Board of Directors members ware added to represent the Interest of the Denton ISD and Denton Police Department. 211ncrosse multi agency collaboration and communications through development of a community action plan for criminal justice. 31, Development of specific inter agency contracts reflecting commitments and contributions. 41 Establishment of an organized information management system. 10, Whet are the project's goals for each effectiveness measure, by the end of the grant year? (If a continuation application, provlde the baseline data for the first year grant. Include both output and outcome measures. Examples-Output Measures: Counsel 100 Juveniles, Outcome measures: Reduce truancy among the target group by The impact of the program is projected based upon the pest two years: Defendants tried in Tien Court 176 cases Volunteers used in Teen Court 109 volunteers Hours of community service sentenced 6,800 hours Total dollar value of community service $37,700 The number of youths participating in the Boys and Girls Club after school and summer program is projected as follows: Spring 80 youths f Summer 10 youths Total 180 j Specific goofs for impact ineludo: I I Increase minority participation in the Teen Court process by 10% by the end of the Vest. 211neleass the number of teen volunteers in the Teen Court process by 26% by the and of the year. 12 Issued Sop:exber ?5 X`~❑ 32XIO ar.ro • e - RWA~ . C,'. Laua;'sA 1:x': •'t.. 4 .s....M..n,.n-.~eY R1L^1'!'`:1S (~/J."?F4•rttiav. , PROJECT NARRATIVE 3) Increase participation with the Texas Youth Commission's substance abuse rehabilitation program by 20% by the and of the year, 4) Increase the number of youth served by the Boys and Girls Club After School program by 16% by the end of the year, 1 1 Issued Septetker 19v 71 q . , ..5 . 32 X 0 M PROJECT SUMMARY All text must be typed in 10 or 12 pitch or point type Please attach pages as necessary and mark them page 4,a., 4.b., 4.c., etc, B) The purpose of the Denton Delinquency Prevention/Intervention (DDP/l) program Is to take a pro•actlve approach In the reduction of juvenile delinquency, The Boys and Girls Club of Denton provides juveniles within targeted locations with supervised alternatives In the following areas: personal development, cultural enrichment, outdoorl physical recreation, and educational opportunities which decrease the probability of criminal activity, Services are free of charge, end the Denton Independent School District host facility Is within walking distance for the majority of the participants. Because the potential for delinquent activity occurs during unsupervised time, the program provides a structured alternative to reduce potential criminal behavior for at-risk juveniles in the community, 1. Goals: The following five (6) goals have been cooperatively developed and form the basis for the DDP/I program: a) Accept referrals from the following cities: Argyle, Aubrey, Copper Canyon, Corinth, Denton, Krum, Oak Point, Pilot Point, Ponder, and Sanger, b) Contract with Boys and Girls Club of Denton County, Inc. to provide after school, weekend, and summer education programs (to Include multicultural and drug awareness, criminal risk i avoidance and social skills) and recreation for up to 120 at-risk juveniles In southeast Denton in and around the Fred More Learning Center. c) Conduct continuous Internal and external program evaluation, develop appropriate reports, and make changes where necessary to improve the program, d) Continue to participate In Denton County's Community Plan for Criminal Justice and Identify significant gaps in resources for at risk juveniles, e) Develop and conduct a public awareness program showing the effectiveness of the DDP,'I program in decreasing Identified risk factors, 2. Target population: The two populations Include: Teen Court interventlon-First offenders of class C misdemeanor and traffic offenses referred by courts; At risk youth identified by Denton Independent School District who are minority, low Income and live In the non•servlce area of Denton-Boys and Girls Club prevention. • 3. Now the program works: The DDP/I program is a collaborative multiegency effort composed of two distinct components: Teen Court (intervention), and Boys and Girls Club (prevention), The teen court program benefits the court system, the offender, the volunteers and the community. This deferred adjudication program relieves the court system of additional work, provides the offender the opportunity to take responsibility for his/her actions, provides an educational opportunity to the volunteers and provides the community with thousands of dollars worth of volunteer community service. 4.The evaluation design: Survey research Is conducted by outside program evaluator, Key jo personnel satisfaction Information and a compilation of on-going program statistics will be maintained. 14 ~sweoseotimber'??7 32XIO i • RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON. TEXAS, AUTHORIZING THE « SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTIONRNTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Delinquency PreventiortMtervention Program for Juvenitei by providing funding to the Fred Moore After School Program and the Teen Court of Denton; and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of a Title V Juvenile Delinquency Prevention Grant Application to the Criminal Justice Division of the Office of the Govemor, State of Texas, requesting funding; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION 1. That the City of Denton, Texas, certifies that it is eligible to receive it funding allocation from the Criminal Justice Division of the Office of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Prevention/Intervention Program for Juveniles. SECTION n. That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, In regard to such I , grant application. SECTION Ill. That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. SECTION IV. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998 s JACK MILLER, MAYOR 1 1S 1 v ,>w.... E 1 I ATTEST: e )ENMFER WALTERS, CITY SECRETARY ! BY. APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY r4 BY: uL r~ 'xG ~ ve~alutan+Gnnn delingwney da M ,d Y ~I 1 1 1 1 ELM r r `..J 16 32 X l i t1E~ 0 L AnPnRa No _ `ODr_. Agenda Rem Gate _ AGENDA INFORMATION SHEET AGENDA DATE: February 3, 1998 DEPARTMENT: Economic Development Department CM: Ted Benavides SUBJECT j 1 [old a public hearing to consider designating a certain area within the St. Forrest Survey, Abstract No. 417 and the T. Living Survey, Abstract No.729, being approximately 163 acres near Highway U.S. 380 and Oeesiing Road and being more fully described in the notice of public hearing as Reinvestment Zone No. i for commerciaVindustrial tax abatement purposes. Interested persons are invited to present evidence for or against the designation of the reinvestment zone, the bowndaries of the proposed reinvestment zone, whether all or part of the territory described should be included In the proposed reinvestment zone, and the concept of tax abatement. BACKOROUND i City Council directed staff to prepare an ordinance establishing a reinvestment zone for tar abatement for the Trammell Crow/United Copper project. The reinvestment zone identifies the physical boundaries for the area where tax abatement may be considered. Our Tar Abatement Policy requires that a public hearing be held at the time the City Council considers the establishment of a reinvestment zone. At the January 6, 1998, City Council meeting, Council considered and approved a request by Trammell Crow/United Copper industries for tax abatement of 25 percent for six years or 30 percent for a five year period. At that time, staff recommended that the 90- acre site be considered as the reinvestment zone boundaries. Please note that the zone boundaries have been expanded to Include a portion of the City's Extra-Territorial Jurisdiction (CTJ). The Denton Independent School District has requested that a portion r of the ET1 be included In the zone so that the school district can participate In the tax • abatement at a different percentage rate than the City without the need for entering into an agrcemcnt for pa}ments in lieu of taxes. ESTIMATED SCI IEDULE OF PROJECT Approval of this ordinance will allow staff to complete the tar abatement agreement • between the City and Trammell Crow/United Copper, Trammell Crow has advised us they hope to close the sale of the property around February I Oei, Our legal department • • J)W must first draft the agrcemcnt and we will need time for the Trammell Crow/United Copper, the Denton County, and the Denton Independent School District attorneys to review prior to bringing the document to you for approval. Another time constraint Is the scheduling of United Copper's financial review. ASer the review is completed, First k0tif%WIRALEVnEP riMOMA Mik"MIgNIIAn~~ftI"4r 1 NMI o . • tl Southwest Company will provide a summary of their findings. Hopefully, we will have a formal agreement for your approval at a March City Council meeting. PRIOR ACTIONIMI City Council approved the Trammell CrowlUnited Copper tax abatement application at the January 6, 1998, City Council meeting and directed star-w I'*oceed with the attached ordinance. FISCAL INFORMATION None EXHIBITS Public Hearing Notice Map of Reinvestment Zone Ordinance Respectfully submitted; If ' lLt.y L l ~ Linda Ratliff, Director Economic Development De ment t" i j 1 2 .~x 0 32XI❑ { • a i NOTICE OF PUBLIC HEARING PUBLIC NOTICE 1S HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE ESTABLISHMENT OFA REINVESTMENT ZONE 1 FOR COMMERCIAL INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE 15 TO ATTRACT THE TRAMMELL CROW/VNITED COPPER INDUSTRIES PROJECT AND SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCALTAX BASE, AND TO ATTRACT MAJOR INVESTMEN•f IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONSTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY, THE PURPOSE OF THE HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF ANY TAX ABATEMENT AGREEMENT ENTERED INTO UNDER CHAPTER 312 OF THE TAX CODE, ALL INTERESTED PARTIES INCLUDING RESIDENTS OF THE PROPOSED r ` ZONE ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 3, 1995, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL, 215 E. McK1NNEY. REINVESTMENT ZONE I WILL BE COMPOSED OF APPROXIMATELY 90.4 ACRES OF LAND OUT OF THE MOREAU FOREST SURVEYABSTRACT NO. 417t DENTON COVNTY,TEXAS, THE REINVESTMENT ZONE AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: i 3 ,?y Io 32xl❑ 9 ALL that certain lot, tractor parcel of land lying and being situated In the City and County of Denton, State of Texas, being part of the M. Forrest Survey, Abstracl Number 417 and being more particularly described as follows: BEGINNING at the southwest corner of 90.6566 acre tract described as Tract III by Special Warranty deed conveyed to Alberlaon's Incorporated recorded in Volume 3205, Page 214 of the Real Property Records of Denton County, Texas, said point also lying on the north lis,e of U.S. Highway 380; THENCE South a distance of 63 feel to the centerline of Bald U.S. Highway 380; THENCE Northeasterly along the centerline of U.S. Highway 380 it distance of 4,303 feet to a point for cornert THENCE North passing at 63 feet the north right-of-way line of U.S. Highway 380 and continuing along the east line of a 28 acre tract, conveyed to D.C. Bullard, et us by deed recorded in Volume 432, Page 149 of the Deed Records of Denton County, Texas, continuing North and passing the northeast corner of said Bullard tract and continuing North to a point In the centerline of Fishlrap Road; THENCE Westerly and northwesterly along the centerline courses of Flsblrap Road a distance of 3,210 feet to a point for corner, sold point being the Intersection of the centerline of Fishlrap Road and the centerline of the Union Pacific Railroad; THENCE Southwesterly along the centerline of the Union Pacific Railroad a distance of 10710 feet to a point for corner; THENCE South passing at 64 feet the most northerly northwest corner of said 90.6566 acre Albertson's tract and continuing a total distance o(240 feet to a point for corner, said point being the northwest corner of it 1.457 acre SAVE & EXCEPT tract described its Tract 11 In sold Albertson's deed recorded In Volume 3205, Page 214 R,P.R.D.C.T.I THENCE Southeasterly along the northeast line of said 1,457 acre tract a distance of 564 feet to a ` point for corner, said point being the southeast corner of said 1.457 acre tract; rw THENCE South along the west line of a 2.114 mere tract described as Tract I to said Albertson's deed recorded in Volume 3205, Page 214 R.P.R.D.C.T. a distance of 662 to the southwest corner of sold 2.1 W acre Iracll THENCE West a distance or69 feet to the most southerly northwest corner of said 90.6566 sere Albertson's trmet; THENCE South a distance of 185 feet to the POINT OF BEGINNING and containing 163 acres of land. 4 ?1 10 32XIO 0 e • o - 1, non aA N LP S d Zll o a p iy l rJ ° O c ° ° u I i ~ de 1 I ~ 7 ~ r7 1 p I y 1 I~p Ik ,hl 0 e ~ III i lO I Y ~ P~61i'"J ~pol~.U 1pti 1 Ilfl ~ 1 Ca Jr~o ` ~ III `l ( a l` 'ir ~ ~ r d ~ I f I ° a J- y 1__ s J° I A i { Proposed """'""Reinvestment Zone r United Copper ftperty Reinvestment Boundary Zone 1 Denton City Limit Ip I L:.+.r..~.►°~Y'i:rd` • ORDINANCE NO._ AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AND THE EXTRATERRITORIAL JU- RISDICTION OF THE CITY OF DENTON AS REINVESTMENT ZONE NO, I FOR COM- MERCIALANDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ("City" or "Municipality) desires to promote the development or redevelopment of s certain contiguous geographic area within its corporate city limits, its jurisdiction, and its extraterritorial jurisdiction by the creation of a reinvestment zone for commerciaVindustrial tax abatement, as authorized by V.T.C,A. TEX. I TAX CODE chapter 312 (referred to as the "Property Redevelopment and Tax Abatement Act" or the "Act'); and WHEREAS, an industry known as United Copper Industries has requested tax abatement to build improvements within the area to be designated as Reinvestment Zone 1; and WHEREAS, the City Council desires to create a proper economic and social environment to induce Investment of private resources and productive business enterprises in this area of the City, which meets the criteria established under §312,202 of the Act, and to expand primary em- ployment or to attract major investment; and WHEREAS, by resolution dated January 27, 1498, a public hearing before the City Council was called, set, and hold at 7:00 p.m. on February 3,1948 In the City Council Chambers of the City of Denton at 215 East McKinney Street in the City of Denton, such date being at least seven (7) days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the presiding officer of each taxing unit that Includes in "s its boundaries real property that is to be Included in the proposed reinvestment zone, in actor- dance with §312,201 of the Act; and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance; and WHEREAS, the City, at that hearing, invited any interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, • the boundaries of the proposed reinvestment tone, whether all or part of the territory described in • y the notice calling the public hearing should he Included in the proposed reinvestment zone, and the concept of tax abatement; and { r WHEREAS, In accorktce with such public notice, all owners of property within the proposed reinvestment zone and all other taxing units and other Interested persons were given the j I I 6 i 25,10 32XI 0 opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and WHEREAS, on the 27'6 day of January, 1998, on or before the holding of the above- mentioned public hearing, the City Council passed a resolution establishing guidelines and crite- ria governing tax abatement agreements and stating that the City of Denton elects to become eli- gible to participate in tax abatement, in accordance with TEX, TAX CODE 1312,002, and such lax abatement policy is now in effect and was in effect prior to the public hearing; and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone ctf- fered evidence in favor and against all mattes relating to the creation of the reinvestment zone, and, after hearing this testimony and evidence, the City Council deems it in the public interest to create this reinvestment zone; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; j SECTION 1. That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 11, That for the purposes of this ordinance, the following terms and phrases shall have the following meanings ascribed to them: A. Improvements - Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, incl+tding, but not limited to, new construction. i B. Taxable Real Property Taxable real property shall be as defined in the Texas Property Tax Code and shall not Include personal property as defined in the Code. C. Base Year - The base year for determining increased value shall be the taxable real property value assessed the year in which the Tax Abatement Agreement is executed. SECTION I11. That the City, through its City Council, after conducting the above- i mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: A. T hat the public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted in accordance with §312,201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and mailed to the pre- siding officer of the goveming body of each taxing unit that Includes in its boundaries real • properly that is to be Included in the proposed reinvestment zone as required by law; and • 8. That prior to holding the public hearing, the City has adopted, by resolution, the guidelines and criteria governing tax abatement agreements by adopting a City of Denton Tax Abate- ! ment Policy and the City has elected to participate in lax abatement; and i I 7 10 32x10 0 t C. That the City had jurisdiction to hold and conduct the public hearing on the creation of the proposed the reinvestment zone, pursuant to chapter 312 of the Act; and D. That the boundaries of the reinvestment zone shall be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the area outlined in red attached hereto as Exhibit "B" and being approximately 163 acres near High- way U.S. 380 and Geesling Road in the corporate limits and extraterritorial jurisdiction of the City of Denton, Texas, such Exhibits "A" and "B" being Incorporated and made a part of this ordinance as if written word for word herein; and E. That the creation of the reinvestment zone for commercial/industrial tax abatement with the improvements expected to be developed by United Copper Industries and other similar in- dustrial and commercial business enterprises would be of benefit to the City and to the land to be included in the zone, with the boundaries as described ir. Exhibit "A," after the expira- tion of the tax abatement agreement entered into under $312,204 of the Act, and the im- provements sought are feasible and practical; and F. That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone, as set forth in 4312,202 of the Act, in that it is, "reasonably likely, as a result of the designation, to contribute to the retention or expan- sion of primary employment or to attract major investment in the zone that would be a bene- fit to the property and that would contribute to the economic development of the Municipal- and I G. That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to en- hance significantly the value of all taxable real property located within the reinvestment zone. SECTION IV. That pursuant to §312,201 of the Act, the City, through its City Council, rw 't hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only • the area described by the metes and bounds description in Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto and ruch reinvestment zone Is hereby designated and shall hereinancr be designated as Reinvestment Zone No. I, city orbenton, Texas, SECTION V, That Reinvestment Zone No. I shall be effective as of January 1, 1449, and shall terminate five years from that date, on December 31, 2004, unless earlier terminated by action of the City Council or extended in accordance with 4312203 of the Act. r • • • $ECTIQjy,yj, That to be eligible for tax abatement, a commercial/Industrial project shall; Ile A. Be located wholly within the tone established herein; D. Meet the requirements of the Denton Tax Abatement Policy; e .'5x 32xa • C, Not include property that is owned or leased by a member of the City Council of the City of Denton, or by a member of the Planning & Zoning Commission; D. Confonn to the requirements of the City's zoning ordinance and all other applicable laws and regulations; and E. Have and maintain all land located within the designated zone, appraised at market value for lax purposes. SECTION V1I. That written lax abatement agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property for taxation as approved hereunder, as shown below: A. Duration of exemption from two years to ten years depending on the value of the structure and personal property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1, 1999; and B. Share of taxes abated - 25% of taxes on the total value of appraised improvements which are ` added, provided, however, nothing herein shall prevent any other taxing unit that includes in its boundaries real property that is included in the reinvestment zone from entering into a tax abatement agreement with a different share of taxes abated on the total value of appraised Improvements which are added, in accordance with the requirements of chapter 312 of the Act. SECTION VIII, That any written agreements authorized under this ordinance must In- clude provisions for: A. I isting the kind, number, and location of all proposed improvements of the property; B. Access to and authorized the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condf• tions of the agreements; C. Limiting the uses of the property, consistent with the general purpose of encouraging devel• opment or redevelopment of the zone during the period that property tax exemptions are in cflect; I D. Recapturing of property lax revenues lost as a result of the agreement if the owner of the r properly fails to make the Improvements or repairs as provided by the agreement; i E, Containing each term agreed to by the owner of the property; / P, Requiring the owner of the property to certify annually to the governing body of each taxing unit that the owner Is in compliance with each applicable term of the agreement; 9 25)(10 32XIO a" 0 G. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; H. Provide that the owner of the property enter into a long-term agreement of not less than five years in duration to receive its electrical utility service from the City of Denton Municipal Utilities; and 1. Contain any additional terms and conditions which the City Council deems are necessary, in accordance with §312.205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, who include in their boundaries real property within the reinvestment zone, terns and conditions that are different than any Municipal tax abatement agreement, so long as the mandatory terms and conditions required by 4312.205 of the Act are included. SECTION 1X. That the City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters pertaining to the Zone, Including, without limitation, the development of the amendment of the current Denton Tax Abatement Policy, the negotiation of tax abatement agreements with industries, commercial enterprises, and other businesses eligible for tax abatement under the Tax t Abatement Policy and for communication with other taxing entities and the Joint Tax Abatement Committee, SECTION X, That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are Inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. , SECTION XI. That if any section, paragraph, clause, or provision In this ordinance, or application thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceabilily of such section, paragraph, clause, or provision shall not affect any of the re- maining portions of this ordinance. re SECTION XII. It is hereby found, determined, and declared that a sufficient written no- tice or the date, place, hour, and subject of the meeting of the City Council at which this ordi- nance was adopted was posted and placed and conveniently accessible al all times to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Meetings Act, TEX. GOVT CODE ch. 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally actev upon. The City Council further fall. fics, approves, and confirms such written notice and contents posting thereof. The City Council further finds that a quorum was present at such meeting. W3 'd I 1 SECTION X111. That the contents of the notice or public hearing, which hearing was "IV held before the City Council and before the passage of this ordinance on February 3, 1998, the publication of said notice is hereby ratified, approved, and confirmed. 10 a r> K 10 32 x 101 ~ :awn! • 1 1 1 SECTION XIV. That this ordinance shall become effxtive immedi'Wy upon its pas- sage and approval. PASSED AND APPROVED this the Jay of ,1998. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO L EOAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: ` 'CNarnNOLrVr~dgrLaloa Wrlwe'O.m~~.vlmin anlA! r A { ! 1~ 1 r K10 32;10 9 M "EXHIBIT A" LEGAL DESCRIPTION REINVESTMENT ZONE NO. I REAL PROPERTY METES AND BOUNDS ALL that certain lot, tract or parcel of land lying and being situated in the r City and County of Denton, State of Texas, being part of the T. Living Survey, Abstract 129 and the M. Forrest Survey, Abstract Number 417 and being more particularly described es followse BEGINNING at the southwest corner of 90.6665 acre tract described as Tract III by Special Warranty deed conveyed to Albertson's Incorporated recorded in Volume 32050 Page 414 of tho Real Property Records of Denton County, Texas, said point also lying on the north line of U.S, Highway 3601 THENCE South a distance of 63 feet to the centerline of said U.S. Highway 3541 THENCE Northeasterly along the centerline of U.S. Highway 300 a distance of 10303 feet to a point for corner# THENCE North passing at 63 feet the north right-of-way line of U,S. Highway 300 and continuing along the east line of a 2E acre tract, conveyed to D.C. Bullard, at ux by deed recorded in Volume 434, Page 149 of the Deed Records of Denton County, Texas, continuing North and passing the northeast corner of said Bullard tract and continuing North to a point in the centerline of Fishtrap Roadf THENCE Westerly and northwesterly along the centerline courses of ■ishtrap Road a distance of 3,210 feet to a point for corner, said point being the intersection of the centerline of Fisbtrop Road and the centerline of the Union Pacific Railroad THENCE Southwesterly along the centerline of the Union Pacific Railroad a distance of 1,710 feet to a point for eornerl THENCE South passing at 64 feet the meat northerly northwest corner of said 90.6566 acre Albertson's tract and continuing a total distance of 240 feat to a point for corner, raid point being the northwest corner of a 1.497 acre SAVE i EXCEPT tract described as Tract it in said Albertson's deed recorded in Volume 3205, Page 414 R.P.R4D.C.T.1 } THENCE Southeasterly along the dortheast line of said 1.497 acre tract a distance of 964 feet to a point for corner, said point being the southeast corner of said 1.457 more tracts THENCE South along the west line of a 2,111 acre tract described as Tract 1 In said Albertson'■ deed recorded in Volume 3209, Page 214 R.P.R.D.C.T. a distance of 662 feet to the southwest corner of said 2,114 acre tract) THENCE Nast a distance of 69 feet to the most southerly northwest corner of • said 40.6966 acre Albertson's trsett THENCE South a distance of 188 feet to the POINT OF BEOINNINO and containing 163 scram of land. 12 2h ~10 32xio 0 • I o .1P c N h Q° u RG e Y I J° 4 , ` `1 P 0 ~ t f o r ~ -U i I I M ',I s f m Vi k lM i 1 Y+ ^r J W P y r o..'r"~ O Y Q~ 0 i U ann ti Proposed C] Reinvestment < Reinvestment Zone United Copper Property , ry gounda { Denton City Limit zone 1 °a . I va - 'rrd s O Agenda No.- ' Q Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE; February 3, 1998 DEPARTMENT; Economic Development Department CM; Ted Benavides, SUBJECT Consider and adopt an ordinance of the City of Denton, Texas, designating a certain area within the M, Forrest Survey, Abstract No. 417 and the T. Living Survey, Abstract No. 729, being approximately 163 acres near highway U.S. 380 and Qeesling Road within the city limits of Denton and the Extraterritorial Jurisdiction of the City of Denton as Reinvestment Zone No. I for commercial/industrial tar abatement; establishing the boundaries of such zone; making finding; required in accordance with chapters 311 and 312 of the Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. BACKGROUND City Council directed staff to prepare an ordinance establishing a reinvestment zone for tax abatement fur the Trammell Crow/United Copper prefect. The reinvestment zone identifies the physical boundaries for the area where tax uhatement may be considered, Our Tax Abatement Policy requires that a public hearing be held at the time the City Council considers the establishment of a reinvestment zone At the January 6, 1998, City Council meeting, Council considered and approved a request by Trammell Crow/Unitcd Copper Industries far tax abatement of 23 percent for six years or 30 percent for a five year period. At that time, staff recommended that the 90• acre site be considered as the reinvestment zone boundaries. Please note that the zone boundaries have been expanded to Include a portion of the City's Extra-Terrltorial Jurisdiction (ETJ), The Denton Independent School District has requested that a portion MON of the ETJ be Included in the -one so that the school district can participate in the tax • abatement at a different percentage rate than the City without the need for entering Into an agreement fur payments in lieu of taxes. 1 S i IM,%up Sel IEDULE OF PROJECT i Approval of this ordinance will allow staff to complete the tax abatement agreement • between the City and Trammell Crow/United Copper, Trammell Crow has advised us they hope to close the sale of the property around February 100. Our legal department ~ 0 • must first draft the agreement and we will need time for the Trammell Crow/United 4 Copper, the Denton County, and the Denton Independent School District attomeys to review prior to bringing the document to you for approval. Another time constraint Is the scheduling of United Copper's financial review. AQer the review Is completed, First oCN U SOLI JllAl16UMJiJ,1'ltYAl,MVb~CAMIJII blJMnp AN 141o Wton,do, t 10 32 X1 El 0 4 n Southwest Company will provide a summary of their findings. Hopefully, we will have a formal agreement for your approval at a March City Council meeting. PRIOR ACT10N/RI YIFW City Council approved the Trammell CrowlUnited Copper tax abatement application at the January 6,1998, City Council meeting and directed staff to proceed with the attached ordinance, FISCAL INIF ION None EXHIBITS Public clearing Notice Map of Reinvestment Zone Ordinance Respectfully submitted: Linda Ratliff, Director Economic Development Epartment i i IJNAAEt!lk:iNri'IMAeI'IAA MrIM GAiwr MArmMlmml lwv le, 2 5x~d 32XIO 0 1 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE FSTABLISHMENT OF A REINVESTMENT ZONE I FOR COMMERCIAL/ INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OFTHE ZONE IS TO ATTRACT THE TRAMMELL CROW/UNITED COPPER INDUSTRIES PROJECT AND SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCAL TAX BAS[, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONSTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY, THE PURPOSE OF THE HEARING WILL BE TO DETERMINE WHETHERTHE IMPROVEMENTS SOUGHT ARE FEASIBLE AND t PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF ANY TAX ABATEMENT AGREEMENT ENTERED INTO UNDER CHAPTER 31 3 OF THE TAX CODE. ALL INTERESTED PARTIES INCLUDINO RESIDENTS OF THE PROPOSED ZONE ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING. k THE PUBLIC HEARING WILL BE HELD ON FEBRUARYJ, I"s, AT 1:00P.M. + IN THE CITY COUNCIL CHAMBERS AT CITY HALL, IIS F» McKINNEY. REINVESTMENT ZONE I WILL BE COMPOSED OF APPROXIMATELY 90.1 ACRES OF LAND OUT OF THE MOREAU FOREST SURVEY ABSTRACT NO. /I!, f . DENTON COUNTY, TEXAS, THE REINVESTMENT LONE AREA IS MORE I r 7pr PARTICULARLY DESCRIBED AS FOLLOWSc 3 x 3 2x 0 M ALL that certain lot, tract or parcel of land lying and being situated In the City and Coaoty of Denton, State of Texas, being part of the M. Forrest Survey, Abstract Number 417 and being more particularly described as follows: BEGINNING at the soutbwest corner of 90.6566 acre tract described as Tract III by Special Warranty deed conveyed to Albertson's lacorporoted recorded In Volume 3205, Page 214 of the Real Property Records of Denton County, Texas, said point also lying on the north line of U.B. Highway 3901 THENCE South a distance of 63 feel to the centerline of sold U.S. Highway 380; THENCE Northeasterly along the centerline of U.S. Highway 380 a dislonce of 4,303 feet to a point for corner; THENCE North pacing at 63 feel the north right-of-way lime of U.S. Highway 380 and continuing along the east line of it 28 acre tract, conveyed to D.C. Bullard, of us by deed recorded in Volume 432, Page 149 of the Deed Records of Denton County, Texas, continuing North and passing the northeast corner of sold Bullard tract and continuing North to a pout In the cemterlime of Ftohtrop Road; THENCE Westerly and morthwesferly along the centerline Bourses of Fiablrop Road a distance of 3,210 feel to a point for corner, said point being the falersecllon of the cealerliae of Flshtrop Road and the centerline of the Union Pacific Railroad; THENCE Southwesterly along the centerfine of the Union Pacific Railroad a distance of 1,710 feet to a point for coreerl THENCE South passing of 64 feel the most northerly nortbwesl corner of sold 90.6566 acre Albertson's tract and continuing a total distance of 240 feel to a point for corner, sold point being the northwest corner of a 1.457 acre SAVE, & EXCEPT tract described as Tract II in sold Albertson's deed recorded In Volume $205, Page 714 R.P.R.D.C.T.1 THENCE Southeasterly along the northeast fine of said 1.457 sere Irict a distance of SM feet to a point for corner, sold point being the soutbtut corner of said 1.457 acre tract; THENCE South along the wni lime of a 2.114 acre tract described at Trott I In said Albertson's deed recorded in Volume 3205, Pogo 214 R.P.R.D.C.T. a distance of 662 to the southwest corner of said 2.114 sere traell THENCE Wort a distance of 69 NO to the most southerly northwest corner of sold 90.6566 acre Albertson's Well 'I'HME South a distance of 18s feet to the POin OF BEGINNING slid containing 163 atret of g, land. I / 4 25)(10 32X1 i 0 i v o~ N tl . d~ III w ~ ~od7ry ,ytlD~ 0 `V I y ~J f f i~ bt t}I n R, b VI• h n RIy 0 n" u Its I \ ei I T~~ c9 r~9 u'y Ord I 1 j, I fiflf a ~Y4 9U;~ 1~„ I ~ day a 9~U c~nn ~ I l ~ rj jI II I V' , ~ 1.5~ ! i { e In Proposed Reinvestment Reinvestment Zone ~ United Copper Property Boundary _ r4 Denton City Urrit Zane , n 1 II~ • I ' Igor" • tV I . h I, I • ORDINANCE NO. AN ORDINANCE OF THE CI1Y OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AND THE EXTRATERRITORIAL JU- RISDICTION OF THE CITY OF DENTON AS REINVESTMENT ZONE NO. I FOR COM- MERCIAL/INDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, Texas ("City" or "Municipality") desires to promote the development or redevelopment of it certain contiguous geographic area within its corporate city limits, its jurisdiction, and its extraterritorial Jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by V,T.C,A, TEX, TAX CODE chapter 312 (referred to u the "Property Redevelopment and Tax Abatement Act" or the "Act'); and WHEREAS, an industry known as United Copper industries has requested lax abatement to build Improvements within the area to be designated u Reinvestment Zone 1; and WHEREAS, the City Council desires to create a proper economic and uoclal environment to Induce investment of private resources and productive business enterprises in this area of the City, which meets the criteria established under §312,202 of the Act, and to expand primary em- ployment or to attract major investment; and WHEREAS, by resolution dated January 21, 1999, a public hearing before the City Council was called, set, and held at 100 p.m, on February 3,1999 in the City Council Chambers of the City of Denton at 215 East McKinney Street In the city or Denton, such date being at least seven (1) days after the date of publication of notice of such public hearing and the receipt of r' written notices of such public hearing by the presiding officer of each, taxing unit that Includes in ` its boundaries real property that is to be included In the proposed reinvestment zone, In accor- dance with ¢312,201 of the Act; and , WHEREAS, such public hearing was held berore the consideration and adoption or this ordinance; and WHEREAS, the City, at that hearing, invited any Interested citizen or his representative • to appear and offer testimony or evidence for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in r 1) the nolke calling the public hearing should be included in the proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, in accordance with such public notice, all owners of property within the proposed reinvestment tone and all other taxing units and other Interested persons were given the 6 - 7h x 0 32xIa s 0 opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and WHEREAS, on the 27'" day of January, 1998, on or before the holding of the above- mentioned public hearing, the City Council passed a resolution establishing guidelines and crite- ria govern. g tax abatement agreements and stating that the City of Denton elects to become eli- gible to participate in tax abatement, in accordance with TEX. TAX CODE 4312.002, and such tax abatement policy is now in effect and was in effect prior to the public hearing; and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone of. rered evidence In favor and against all matters relating to the creation of the reinvestment zone, and, alter hearing this testimony and evidence, the City Council deems it in the public Interest to create this reinvestment zone; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 11. That for the purposes or this ordinance, the following terms and phrases shall have the following meanings ascribed to them: A. Improvements - Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, including, but not limited to, new construction. B. Taxable Real Properly - Taxable real property ahail be as defined In the Texas Property Tax Code and shall not Include personal property as defined in the Code. C. Base Year The base year for determining increased value shall be the taxable real properly value assessed the year in which the Tax Abatement Agreement is executed, SECTION I11. That the City, through its City Council, alter conducting the above- mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to It: A. That the public hearing on the adoption or the reinvestment zone has been properly called, held, and conducted In accordance with §312.201 of the Act and all other applicable laws, end that notice of such hearing has been published as required by law and mailed to the pre. Aiding officer of the governing body or each taxing unit that Includes in its boundaries real property that is to be included In the proposed reinvestment none as required by law; and 0. 1 hat prior to holding the public hearing, the City has adopted, by resolution, the guidelines and criteria governing tax abatement agreements by adopting a City of Denton Tax Abate- mcm Policy and the City has elected to participate In tax abatement; and ~ I 7 I ♦y ICS 321 El 0 C. That the City had jurisdiction to hold and conduct the public hearing on the creation of the proposed the reinvestment zone, pursuant to chapter 312 of the Act; and r D. That the boundaries or the reinvestment zone shalt be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the area outlined in red attached hereto as Exhibit "B" and being approximately 163 acres near iligh• way U.S. 380 and Geesling Road In the corporate limits and extraterritorlai jurisdiction of the city of Denton, Texas, such Exhibits "A" and "B" being incorporated and made a part of this ordinance as if written word for word herein; and E. That the creation of the reinvestment zone for commerciaVindustrial tax abatement with the improvements expected to be developed by United Copper Industries and other similar in- dustrial and commercial business enterprises would be of benefit to the City and to the land to be included in the zone, with the boundaries as described in Exhibit "A," after the expira- tion of the tax abatement agreement entered into under §312.204 of the Act, and the im- provements sought are feas;bie and practical; and F. That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone, as set forth in 4312.202 of the Act, In that it is, "reasonably likely, as a result of the designation, to contribute to the retention or expan• sion of primary employment or to attract major investment in the zone that would be a bene- fit to the property and that would contribute to the economic development of the Municipal- ity;" and 0. That the reinvestment zone as defined In Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected Improvements in the boundaries of the zone are expected to en, hance significantly the value of all taxable real property located within the reinvestment rune SECTION IV. That pursuant to §312,201 jr the Act, the City, through its City Council, 5 hereby creates a reinvestment zone for commer4lal/industrial tax abatement encompassing only • the area described by the metes and bounds description in Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto and such reinvestment zone Is hereby designated and shall hercinallcr be designated as Reinvestment Zone No. 1, City of Denton, Texas. I SECTION V. That Reinvestment 'Lone No. I shall be effective as of January 1, 1999, and shall terminate five years from that date, on December 31, 2004, unless earlier terminated by action of the City Council or extended in accordance wlth 1312.203 of the Act. SE-C.TiON VL That to be eligible for tax abatement, a cammerclaL'industrial project ' shall.: A. Be located %holly within the zone established herein; B. Meet the requirements of the Denton Tax Abatement Policy, I I Aff-- L!2131111111 - - 1 x 10 32xi❑ o r C. Not include property that is owned or leased by a member of the City Council of the city of v Denton, or by a member of the Planning & Zoning Commission; D. Conform to the requirements of the City's zoning ordinance and all other applicable laws and regulations; and E. Have and maintain all land located within the designated zone, appraised at market value for tax purposes. SECTION VU, That written tax abatement agreements with property owners located within the zone shall provide the tents regarding duration of exemption and share of taxable real i property for taxation as approved hereunder, as shown below: A. Duration of exemption from two years to ten years depending on the value of the structure and personal properly in accordance with the Denton Tax Abatement Policy, beginning with and including January 1,1999; and B. Share of taxes abated - 23% of taxes on the total value of appraised Improvements which are added, provided, however, nothing herein shall prevent any other taxing unit that includes in its boundaries real properly that is Included in the reinvestment zone from entering Into a tax abatement agreement with a different share of taxes abaled on the total value of appraised improvements which are added, In accordance with the requirements of chapter 312 of the Act. { ECT.ION VIII. That any written agreements authorized under ibis ordinance must in• i elude provisions for: A. Listing the kind, number, and location of all proposed Improvemenli of the properly; B. Access to and suthorired the inspection of the property by municipal employees to ensure C F that the improvements or repairs are made In accordance with the specifications and condi. lions of the agreements; C. Limiting the uses crthe properly, consistent with the general purpose of encouraging devel• opment or redevelopment of the zone during the period that properly tax exemptions are In effect; i D. Recapturing of property tax revenues lost as a result of the agreement if the owner of the property rails to make the improvements or rcpstrs as provided by the agreement; • E. Containing each term agreed to by the owner of the properly; P. Requiring the owner of the properly to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; 9 ?5 K 10 32 xI❑ 0 0 0. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; It. Provide that the owner of the property enter into a long-term agreement of not less than five years in duration to receive its electrical utility service from the City of Denton Municipal Utilities; and 1. Contain any additional terms and conditions which the City Council deems are necessary, in accordance with 9312,205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, :;ho Include in their boundaries real property within the reinvestment cone, from negotiating terms and conditions that are different than any Municipal tax abatement agreement, so long as the mandatory terms and conditions required by ¢312,205 of the Act are included. SECTION IX. That the City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters pertaining to the zone, including, without limitation, the development of the amendment of the current Denton Tax Abatement Policy, the negotiation of tax abatement agreements with industries, commercial enterprises, and other businesses eligible for tax abatement under the Tax Abatement Policy and for communication with other taxing entities and the Joint Tax Abatement f Committee. SECTION X. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the temts or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION XI. That if any section, paragraph, clause, or provision in this ordinance, or application thereof to any person or circumstance Is held Invalid or unenforceable, the Invalidity or unenrorceability of such section, paragraph, clause, or provision shall not affect any of the re- maining portions of this ordinance. SECTION XIL It is hereby found, determined, and declared that a sufficient written no- Lice of the date, place, hour, and subject of the meeting of the City Council at which this ordi• nance was adopted was posted and placed and conveniently accessible at all times to the general public at the city hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Meetings Act, TEX, GOVT CODE ch. 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formalty acted upon. The City Council further fall. ties, approves, and confirms such %Htlcn notice and contents posting thereof, The City Council further finds that a quorum was present at such meeting. . SECTION 111. 1bt the contents of the notice of public hearing, which hearing was M held before the City Council and before the passage of this ordinance on February 3, 1998, the ~ publication of said notice is hereby ratified, approved, and confirmed. Page 3 1 R 10 32JO o n~lO1~ 0 , v it f I i I SECTION XIV. That this ordinance shall become Qfktive immediately upon its pas• sage and approval. PASSED AND APPROVED this the day ot_,_ , 1998.1i r i JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a'11 L01.•VUL 1'And1q'LtILdP Il erhn1merxmaxrcM k4l Ax i I` It I r 1. 11 - F, x Nri 32XIO i 0 ;ems "EXHIBIT AN LEGAL DESCRIPTION REINVESTMENT ZONE 110. I REAL PROPERTY METES AND BOUNDS ALL that certain lot, tract or parcel of land lying and being situated in the , City and County of Denton, State of Texas, being part of the T. Living Survey, Abstract 729 and the X. Forrest Survey, Abstract Number 417 and being more particularly described as follovse BEGINNING at the southwest corner of 90.6566 acre tract described as Tract III by Speetal warranty dead conveyed to Albertson's Incorporated recorded in Volume 3305, Page 214 of the Real Property Records of Denton County, Texas, said point also lying on the north line of U.B. Highway 380# THENCE South a distance of 63 feet to the conterlina of said U.S. Highway 3801 THENCE Northeasterly along the centerlino of U.S. Highway 380 ■ distance of 4,303 feet to a point for corners THENCE North passing at 63 feat the north right-of-way line of U.S. Highway 380 and continuing along the east line of a 28 acre tract, conveyed to D.C. Bullard, at ux by deed recorded in Volume 432, Page 149 of the Dead Records of Denton County, Texas, continuing North and passing the northeast corner of said Bullard tract and continuing North to a point in the centerline of Fishtrap Roads THENCE westerly and northwesterly along the centerline courses of Fishtrap Road a distance of 3,210 feet to a point for corner, said point being the intersection of the conterlina of Fishtrap Road and the centerline of the Union Pacific Railroads THENCE Southwesterly along the centerline of the Union Pacific Railroad a distance of 1,710 feat to a point for corners THENCE South passing at 64 feet the most northerly northwest corner of said 90.6566 acre Albertson's tract and continuing a total distance of 240 feet to a point for corner, said point being the northwest corner of a 1,457 mere SAVE a EXCEPT tract described as Tract It in said Albertson's deed recorded in Volume 3205, Page 214 R.P,R.D.C.T,s THENCE Southeasterly along the northeast lino of said 1,457 acre tract a distance of 564 feet to a point for corner, said point being the southeast corner of said 1.457 acre tracts THENCE South along the vast line of a 2.114 acre tract described as Tract 1 in said Albertson's deed recorded in Volume 3205, Page 214 R.P.R.D.C.T. a distance of 662 feet to the southwest corner of said 2.114 acre traetf ` THENCE West a distance of 69 feet to the wjs: southerly northwest corner of said 90.6566 acre Albertson's tracts • • 4e) THENCE South A distsnce of 165 foot to the POINT OF BEGINNING and containing 163 scram of land, 12 r ?5 • 32x~❑ AOL& MISS 0 m el a N II r I[ 1 ~y 2 i L to y o ~ a ~ J 11 ~ ' YJ J Y -1- ° Q I 1 s I I -y I _ I, tl ~ I a Pro nosed ~--tl-- Reinvestment Zane United Reinvestment Boundary i J Denton Gty Unit zone 1 w """7 711 1 ANUM" • 7BUlaw Apenda Na w~ AGENDA INFORMATION SHEET Apeoda Item Date " AGENDA DATE: February3,1998 DEPARTMENT: Planning and Development Department r DCM: Mr. Rick Svehia, 349-7715 :1!7 SUBJECT - Zoning: Hold a public hearing and consider an ordinance to rezone approximately 1.07 acres from the Single Family (SF-10) zoning district to the Office Conditioned (0{c]) zoning district. The site is located off Teasley Lane and adjacent to Lillian Miller Parkway FM 2181 new its intersection with Bent Oaks Drive. (Z-97-032) BACKGROUND See Planning and Zoning Commission Report FRIOP, ACTION/RUIEW [Council. Boards. Commissions) The Planning and Zoning Commission recommended approval of the rezoning request (7-0) at its meeting On January 14, 1998. =1L INFORMATION None BID INFORMATION Not Applicable i ~1dI , . 1 Attached Respectfully sub to • avid M. Hill, CP, ASLA Director of Planning Development • , Pre y: • • 4 Ile r. Jason E. Cosby Development Review '.Manager 5x:10 32 x14 • CITY COUNCIL PLANNING AND ZONING COMMISSION REPORT Subject: Sundown/Office Case Number: Z-97-032 214H: Mr. Jason E. Cosby Dj&: February 3, 11998 GENERAL INFORMATION Applicant: Westminister LTD 3505 Teasley Lane Denton, TX 76205 Owner: Westminister 3505 Teasley Lane Denton, TX 76205 Action: Hold a public hearing and consider making a recommendation to the City Council concerning a request to rezone a 1.07 acre tract from a Single Family 10 (SF•10) zoning district to a Office Conditioned (0 (c)) zoning district. Location and Size: The 1,07•scre tract Is located off Teasley Lane and adjacent to Lillian Miller Parkway FM-2181 near its Intersection with Bent Oaks Drive (See Enclosure 2). Surrounding Zonln and Land Use: LOCATION zolm LAND USE 1 North: SF-10 Conditioned Vacant w (SF. 10), SF-7 Conditioned, Office • Conditioned (0(c)) South: Agricultural (A) Residential , • East: Single Family 10 (SF- Platted for Single Family Residences • • West; Planned Development Single Family Residential Structures and -16 d 65(PO.16 8 65) Offices, Library, and Fire Station Denton Development Plan (DDP): Low Intensity Area # 77 (125% Allocated) 25x10 32XIO o R SPECIAL INFORMATION The subject property is Included on the preliminary plat of the Sundown Ranch, but was not included on the final plat of Phase 1. Public Improvements Involved with the plat process will include: • Dedication and construction of public streets throughout any proposed subdivision. • Sidewalks. • Extension of water and sewer lines. • Drainage improvements and fire hydrants. BACKGROUND The subject property is more commonly known as Sundown Ranch. The property has an existing Specific Use Permit (SUP 192) for a horse training facility granted in May 1987. The property was annexed Into the City of Denton by Ordinance 83-33, and the property was placed In the Agricultural (A) zoning district. The City Council approved the rezoning request for 3.21 acres adjacent to the subject property March 3, 1997 (See Enclosure 3). A revised preliminary plat was passed December 10, 1997 to show an Intersection change from the proposed Sundown Boulevard to FM 2181, resulting from a requirement of the applicant's final Texas Department of Transportation (TXDOT) access permit (See Enclosure 4). TXOOT has required the applicant to locate the access to FM 2181 at a more northerly location than was shown on the original preliminary plat. The change In right-of-way configuration resulted in lot boundary adjustments to several residential lots within the final plat approved August 27,1997. Planning and Zoning Commission approved new Final Plat on December 10, 1997 and rescinded the previous final plat. Consequently, the applicant is relocating the Sundown Boulevard right-of-way and requests the 1.07 southern portion of the lot to be rezoned to conform to the remainder of the lot for development. Five (6) roperty owners were notified of the request on January 2, 1998. As of this writing, no one replied nor any forms were returned. ANALYSIS The additional Office Conditioned (0[c]) zoning district will be offset by a loss of the new right-of- way of the adjacent property. There will be no net increase In Intensity from the previously approved zoning, because the original right-of-way of the subject property has been shifted to the • adjacent property. Prior to this request, there were 3.21 acres of office area not including the right-of-way. If approved, the additional 1.07 acres of office property will be approximately equal to the loss of right-of-way in the adjacent tract. RECOM • recommends Sta of the request. The proposed zone change of the 1.07-acre tract from , • the Single Family (SF-10) zoning district to an Office Conditioned (0(cj) zoning district will result In ' no increase of Intensity. MOTION Planning and Zoning Commission recommended approval of the request at its January 14, 1998, meeting with a 7.0 vote. - 25 KID q32XIC7 o ' I ' i ALTERNATIVES 1. Recommend approval as requested. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. ENCLOSURES 1, Site Map 2, Zoning Map 3. Previous Zoning Case 4. Amended Preliminary Plat 6. Zoning Exhibit 6. Previous Ordinance No. 97-057 i i r. 25 x 10 32X Id ENCLOSURE 1 NORTH Z-97.032 Sundown/Office E I _ . J f //l co L C4 I LL It ~a;r + ANOR cr, S. Site Map Dots: 1/14128 Beals: one S, 25 X Q 32x1❑ b , a ENCLOSURE 2 NORTH Z-97.032 Sundown/Office 4 9 0(c) PD 13 C r I.> ry 4 r.l Mf 1~ ~ If,f Zoning Map atc 1114/95 Stalo, None 75 x 32 x • o 4,1 A V :t:r! 1 Pfa~SE 1 )~r M. w bNt Myra _Z. i r .y:. SUNDO;W RANCH 'I / r I.YII lylulr WI ►M~ ' I ,lwl Mw ~ R Y ...rr.,.w . U•Ier { { ,c / / s+in1 q N 1•Y IY.Iw.el IM1+M.I0w4AM ij • ~ M40M 11 W 11.11 \ Iw.~/ , ~ ~ ,1'•1~y ~ ~ J~I!r I~II1~~R/~ll~.Iyy~l~{~, \ 41 1. IM yX •b ` ~R A ~Wi •il' ~ 4.^M M.1.11 4w,rPq ~ w11 wrw RI •W R./rM R'•RIw~ •+y1MrM 32x1 ENCLOSURE 4 NORTH Z-97-032 SundownlOffics s ea•09'3s'p E 347.9 • \ 1043, 66" l00 2 +~.4 c o 0o Offl E ~a, ~a 1r 0011 PION Vol 152 tG 6 d a Zo C 5 i 1lo I i / 1 ! ~o a4... it 1 ✓ ,.Z ' 17 I ro ~ It ~ t,R 2• ~o ' of ~a e5 ``i ~ 20'LANVSC/~Pt ' EASEMENT Qr MAIN TAI NED BY 90A I F 'JA H Fla, WIPE yC i 51, f'G 476 o. ri g ~k 49 t~Ave l TQI{OMEL pE Amended Preliminary Plat at*: 1/14198 Scale: None 25 x 10 32x Q ♦ O S I I . i I ENCLOSURE 5 i NORTH Z-97.032 Sundown/Office i DGE LMD DZEVAETLO'OYE COY CCI 9a~R00636~7 PAW HERSMAN DEVELOPMVO VOL.. 3453. PC.~e~d1 y0l 345J. PC. 941 5 86.07'Oe C - 374.45 rsoo- 194.60 179.65 D=06.06'40" + R=761.78 I Lr4705.15 LC=8121 3.210 JACRES Comm 04'07138" W w o I 40, o con 1RV"1 C41 a, con n Ux o C VOL. 1162 PC. 29 iy VOL 3105 i0. 843 Y M'7 L COrt TRUST ' H vo,r 1184 P0. 29 r N 172.82 179.65 N x8'09'35' W - 352,47 i ' w 16x.26 179.65 N 8x'09'35' W - 347.91 r 0 ~ ~~pr~~p1 " °uRac'~.n p 0 TNt OtSCRmloN AND OR E*" HEREIN 1f h0? 111E AWLY OF AN ON TN! OMNI) SURVEY 9Y OCAMry~AA cc00 kftg i'. 1Mt !_EAR%M, OgppT~~ANCEtAMD ACREACC SHOWN KT3 A11t SHIPLOW ~ ARE AEWAUMt) tst N1L Dt0 U3t A= Ot/w!0 IRIDERRfLCriON Ofd TkE PAOtESSlONAL LAND sURKYSNO PRACriCEi AC1 ARncEt "12C v, . t, reA..d)• Zoning Exhibit Dats: 1114198 cs o, one U ' - _b x 2.5 32 x o Tt\NDDWS\ORD\TEASLEY wRE b r firG~dj , i f ORDINANCE NO. ~7-6 5- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN OFFICE CONDITIONED (0(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.21 ACRES LOCATED ON THE EAST SIDE OF TEASLEY LANE, APPROXIMATELY 500 FEET SOUTH OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARXWAY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bob Shelton Enterprises, on behalf of Lynn and Jerry Cott, owners of the subject property, initiated a change in zoning 11 for 4.004 acres from the Agricultural (A) zoning district classification and use designation to an Office Conditioned (O(c)) zoning district classification and use designation; and 1 WHEREAS, on December 4, 1996, the Planning and Zoning Commission recommended approval of the requested change in zoningf and WHEREAS, the City Council finds that a change of 3.21 acres of the 4.004 acres in the A zoning district to the O(c) zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the zoning district classification and use ~i designation of the 3.21 acres of land described in Exhibit A, ; attached hereto and incorporated by reference herein, is changed from the Agricultural (A) zoning district classification and use designation to the Office Conditioned (0(c)) zoning district classification and use designation under the comprehensive zoning 1 ordinance of the City of Denton, Texas, subject to the following conditionst 1. That the uses described in the list attached hereto and 0 incorporated herein by reference as Exhibit B, shall be prohibited within this district, in addition to those ordinarily prohibited by the Office classification, or any other condition listed herein. 2. That the total floor area for all buildings constructed • on the 3.21 acres shall not exceed 450000 square feet. 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of not less than 701 brick or masonry veneer. I 10 32XIO p I So That no "off-premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its successor) shall be permitted. 6. That no direct off-site lighting shall be permitted. 7. A "bufferyard" measuring fifteen feet (15f) wide, and comprising four (4) canopy and eight (8) understory tress or each one hundred linear feet (1001), shall be installed along the east property line abutting the residential lots. Go That the maximum building height shall not exceed 35 feet. 9. No individual building shall exceed 70500 square feet. 10. All buildings must have pitched roofs, and no roof surface may have a slope of less than 30%. 11. In addition to any streetyard landscaping required by the Landscaping, Screening, and the Tree Preservation Ordinance, an additional tree per every 50 foot of frontage along Teasley will be provided. 12. No parking will be allowed in the front yard setback of any building along Teasley. SECTION II. That the City's official zoning map is hereby amended to show the change in zoning herein approved. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding separate and provision distinct offense, is violated $2fooo.00. Each shall constitute a day that a $FCTION _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 ne published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the data of its passage. PASSED AND APPROVED this the 3"' day of 1997. ' i J LER, MAYOR I Ile PAGE 2 f~ 25 x ~0 32X10 ATTESTt JENNIFER WALTERSo CITY SECRETARY BYf AA I I kit APP avED AS TO LEGAL FORMS HERBERT L. PROUTYj CITY ATTORNEY BY t~t 1 o: rt i F / PACE 3 10 32XIb • 0 MPR-07-1997 15:46 CITY W DENTON RA NINE P.03/Z4 EXHIBIT A xowNa RInoRlR~TT BEING A 3.210 ACRETRAOT OF LAND SITUATED IN THE 0, LENS SURVEY, ABSTRACT NO. 769, DENTON COUNTY, TEXAS AND BEING OUT OF THAT 2.007 ACRE TRACT OF LAND DESCRIBED A8 TRACT'S' IN DEED TO L. COTT TRUST AS RECORDEO IN VOLUME 1182, PAGE 29 OF THE DEED RBCORDB OF DeLlIM COUNTY, TEXAS (DA.D.C.T.) AND OUT OF THAT 2.00'1 ACRE TRACT OF LAND DESCRId£D AS TRACT Or IN DIED TO J. COTT ET UX 3.210 ACRE AS RECORDED IN VOLUME Ilia. PAoiE o43 o-FLD-0-T, moRE PARTicuLARLY DESCRIBED B METES AND OOUNOB D AS FOLLOWS' TRACT BLIND BEGINNING AT THE NOR'T> esT CORNFA OF SAID TRACT'S'' SAID POINT BEDNO IN T)% EAST FZIOHTAF-WAY LINE OF F.M. HIGHWAY NO. 2161 (A VARIABLE WIDTH RIGHT-OF' WAY): THENCE S SE'4 RT E WITH THE NORTH OF SAkOUNE CT OF SAID TRACT 184 AND THE 18 NOR7 RAVES CORNER O S THE ORT CORN R N NOF(THBREAKiR T OF SAID AID TRACT Or , IN IN ALL A DIS OR ER OF SAID TRACTPAAND THE POINT BEI NO THE NORTHEAST NORTHWEST CORNER OF TRACT 'A' DESCRIBED IN DEED TO SAID J COT'T ET L!X FN WEST LINE OF SAID TRACT 'K, A DISTANCE OF 368.56 E TO A POINT FOR CORNER. FEET PASSING THC WEST LINE OF SAID TRACT' F' AND Tf'I, E F# AND EAST LANE OF SAID TRACT ~ air, IN ALL A DISTANCE OF 30-47 may TO A FOR CORN9K SAIO POINT THE WEST UNE OF SAi TRACT "B' AND THE OSAIO FAST WW-OF WAY LINE,, BEING IN THENCE I DISTANCE OF WTH FE T TO A POINT F CdRN£R SAID WEST LINE AND THE SND EAST R IG T-Op WAY LINE, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 782.08 FEET, A DELTA ANGLE OF 08'08'35", A LONG CHORD THAT OEAR$ N 04007'36' W A Dt6 FANCE OF 81.22 FEET, 0 ACRES DISTANCE l OOF 4126 RE OR FEET TO THE POINT OF BEGINNNG, AND CONTAINING t 1 • THO 0t$WIP*>N AND*Ft E%MIBIT I*mm SB NOT TMfi Fm"i of AN oN no oRouND l3tmm RIY TmnR AND mAgow• TN! BlARM4. OISTA alll AND ACAEAOE bocmWo S MM Aril Not OXNATt AND SHOVIO ust As omwo UNDER GaCt X12 OF m E ~ VjkVEYWO ATM ACT. ARTiCIE Uwe V.T.C,l. (RooaO• MARCH 1471 1 `..J p 6. D1«t~'~WMUpEX001!!1B ~ I i !II~ ~3F 4 in 32x lo MISSION 4 0 ' o `T.R-07-1997 15148 CITY OF DENTON PLANNING P.04/04 • i i OFMICS AT },LNTt„ RIDGE LAND OEM,OPYtNT COVPANY NE B EL~ NT CC 96."3647 Vol_ 3453. PC. E63 VOL. 3453. PO. 647 , S 88'07'0'r c - 3 4.45 ri10M 194.80 179.65 D=06'06'40" Rs761.78 Lw4705.15 Ti-40.66 3,210 ACRES LCic81.21 C9=N 04.07'3 ' W a L. COTT TRUSY N VOl 3103 TT UN N O Vol, 1163 P0. 29 { l.. COft TRUST Y , z 81 I VO,- 1 I PC. 29 ' 00 H N , 72.e2 , 79.65 N 88'091350 W - 352.47 1 g II S a i 1 166.26 179.65 N 88'09'35' W - 347.91 AiAMMD„ACREAC! HHO" INu"V I`UY 'CAfi~KA AND TMI~ OwAtSULl Of %lit~DOCCVMt t! AAt NOr61MfIf"DW roR UM AS D"W" 111 DE sten~onC° or' 01 TNt ►ROrt6D10NAL LAND IURVC~M~D MACMI ANT, ARTMIt 62620 V.T,C.S. ~nn,~1 • ` w+6 INM ~ ~M~~ ZONING EXHIBIT 4,ctr 4 ~ j ~ 2 a 2 e~eso Pn esr /y Mm P.04 2 x ❑ 32 x • EXHIBIT B List of Prohibited Uses Z•9d-049 One Family Dwelling Restricted Community Unit Development Oormitory. Boarding or Rooming House Hotel or Motel Church or Rectory College or Unlvereity or Private School Community Center (public) Group Homes Halfway I louse Hospital (chronic ears) Hospital (acute cars) Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground of Public Community Center School, Private Primary or Ssoondery School, Public or Denominational School, Business or Trade Community Center (private) Electrical Substation Electrical Transmission Line Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Ocoupatlon OffStreat Parking Incidental to the Mein Use Off-street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone Line & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Wall Country Club (private) with Golf Course Public Golf Course Public Park or Playground Public Play Paid or Stadkvm Swim or Tennis Club Railroad Track or Rlght-0f•Way Ferm or Ranch Animal Clinic or Hospital (no Waldo runs or pens) } Cemetery or Meus0laUm Fraternity, Sorority, Lodge or Civic Club r Home for Care of Aloohotlc, Norootlo or Psychiatric Patlenfs Public Bullding, Shop, Yard of Local, Stale, or Federal Govemment Radio and/or Television Microwave Tower Water Treatment Plant Airport Lending Flab or Hellport Commercial Parking Lot or Struof urs Cafeteria Mortuary or Funeral parlor • Restaurant Scientlfic or Research labordodn , Ii 75 x 10 32 x A I ,awa I OFFICE (CONDITIONAL) PERMITTED USES: Fduca►-lona_l InotKutlanol and S lal Use + Art Gallery or Museum • Day Nursery or Kindergarten School + Hospital (General Acute Care) Institutions of Religious or Philanthropic Nature Nursing Home or Residence Home for Aged Utility. Accessory and Incidental Llama + Accessory Budding Temporary Fold or Construction Office (Subject to Approval and Control by Building Inspector) Telephone, Business Office RotAll and SeMce Type Use Offices, Professional and Administrative + Studio for Photographer, MusWan, Artist or Heshh Agricultural Type sea ) Animal Clinic or Hospital (No outside runs or pens) r I~ fill 'jx 32x1[] ;w 0 Planning and Zoning Commission Minutes January 14. 1998 DRAFT Page 8 of f 1 17 DRAFT Motion passes unanimously. 9. Hold a public hearing and consider making a recommendation to the City Council ' concerning the rezoning of a 1.07 acre site from Single Family-10 (SF-10) zoning district to Office Conditioned (O[c] zoning district. The tract Is located off Teasley Lane and adjacent to Lillian Miller Parkway (Farm Road 2181), commonly known as 3305 Teasley Lane. (Z97-032) Chairperson Schertz. This evening, this item will be presented by Mr. Cosby. and 1 will open the public hearing, Mr. Jason Cosby presented the staff report. Mr. Cosby; Good evening, Commission Chair and Commission Members. The Sundown office is the case today and this 1.0 acre tract is located on Teasley Lane and adjacent to Lillian Miller Parkway, that's FM 2181, near the intersection of Bent Oaks Drive. You may notice also enclosed in your package 02 that the adjacent zoning to the north is single family 10 which is conditioned and also single family 7, which is also conditioned, There is also office condition as well, That location's vacant. To the south is agriculture, and A there is the little residence areas at their location. To the east Is single family 10 and that's also platted for family residences. And you will notice to the west, you see a planned development, which is single family residential structures and office, You may notice a library over there and also our fire station. To bring you to the background and to the special information, you may notice this used to be known as the Sundown Ranch location. This property had an existing special use permit for a horse training facility was granted In May, 1987 and was arutexed to the City of Denton as agriculture zoning district during that time. The City Council approved the rezoning request for 3.21 acres adjacent to the subject property on March 3, 1997, A revised preliminary plat was passed December 3, 1997, to show an intersection change for the proposed Sundown Boulevard, FM 2181, resulting from a requirement of the applicant's Texas Department of Transportation access permit. Let me show you some pictures on that, You may notice this is where the original driveway location A was, TXDOT has required the applicant to relocate, to locate the access of FM 21.20 at a more northerly location than was shown on the original preliminary plat, The change in the right-of-way configuration resulted in a lot boundary adjustment to several residential lots within the final plat which was approved April 27, 1997, This Planning and Zoning Commission approved a final plat on December 10, 1997, and rescinded their previous final plat. Consequently. the applicant is rek±cating the Sundown Boulevard right-of-way and requests the 1.07 southern portion of the lot to be rezoned to conform to remain as a M that was developed. Let me show you some pictures of the proposed and original location. You may notice if you are looking from the north to Teasley lane and also Bw Wood Drive. And • r right here, you're looking to the east, across on Teasley Lane for the library driveway. Five v property owners were notified of the request on January 2, 1998. There were no replies or any forms returned. Now the analysis. The additional office condition-zoning district would be offset by a loss of new right-of-way of the adjacent property as I explained earlier. There JECK7M ~ - f - 2h Y 10 32X1❑ 1 • Planning and Zoning Commission Minutes January 14, 1998 Y Page 9 of 17 i will be no net increase In the intensity from the previous approved zoning because the original right-of-way of the subject property has been shifted to adjacent property. Prior to this request, there were 3.21 acres of office area not included in the right-of-way. The total amount of land of the rightof-way, was approximately 3,200 square foot centerline and 2,000 square foot west portion of entryway. If approved, the additional 1.07 acres of office will offset the loss of the right-0f-w3y in the adjacent tract. The staff recommends approval for the request. The proposed zone change of the 1,07-acre tract from the single family-zoning district to office conditional zoning district will result In no increase of intensity. Additionally, the conditions will be the same as the ordinance of 97-037 permitted to use A that is on your right. If there are any questions, 1 will answer them, Chairperson Schertz: Thank you. Commissioner Gourdie. Ms. Gourdie: Mr. Cosby. Mr. Cosby: Yee. Ms. Gourdie: All right. I'm wondering from the removal of the right-of-way up north, how much office space are they actually gaining or losing, is what I'm curious about, not intensity or traffic. I want to know how much more office space they're going to build on that property, Mr. Cosby: OK. I'll get that for you. OK. Also with the assistance of the Engineering Department, we calculated the loss. See the right-of-way? Here's the right-of- way. The rigbt-of•way relocated here which, this area, as you multiply, we took a centerline measurement, which came up to be 400 limes UO which gave us 3,200 square foot. With that square foot percentage, we said, well, if they would lose, they would not featly build too much because. well, it will be equal trade, actually, because right here below, there will be close to 3,400 square foot which calculates to 1.07 acreage. But they would not lose, they would lure that 3,400 square foot that they're gaining by relocating at this particular site. If 1 answered that correctly. Chairperson Schertz: Commissioner Gourdie, could Mr. Donaldson? Ms. Gourdie: Sure. Mr. Donaldson: In addition to that analogy that the right-of-way will cancel the other right-of- way out,,, • Ms. Gourdie: Right, • • Mr. Donaldson: The zoning that was approved for the 3.2 acre-site limits the square footage of the space that may be built on the tract. So, that's doe absolute cap under any condition. / That won't change, /Op. II - - l~ K 10 32XIo 17 , • _I k ~ Planning and Zoning Commission Minutes January 14, 1998 Page 10 of 17 ~ I Ms. Gourdie: All right. Mr. Donaldson: But, we're just melding the lower piece into the upper piece and they will still be limited to no more than 45,000 square feet of total area and no single building greater than 7,500 square feet. Ms. Gourdie: All right. So my next question would be then, as the right-of-way has moved up northerly, and is now against the other office conditional that's to the north of it, what's that little space between the two zoning lines going to be doing? Is that going to be a buffer no%v since they're not going to have a building across there? Mr. Cosby: What tine? Ms. Gourdie: I guess, do you see where your arrow is that's heading south, Mr, Cosby: OK. Ms. Gourdie: flight above, that little area with the title doop-di-doo in it. Mr. Cosby: OK. Where the arrow's located, ibis. Gourdie: [tight, You see where the road Is? Mr. Cosby: Yes. Ms. Gourdie: In that space where the main part of the point of the arrow is would have been an office building, correct? Mr. Cosby: Right here? Nis. Gourdie: Correct. Mr. Cosby: Well.... Ms. Gourdie: 'that's the area. Mr. Cosby: You cannot really build right here because that's the tight-of-way location and a` that's also in an area you cannot build. • Ms. Gourdie: Well, 1 know that when this was originally approved, that wasn't a right-of-way r • location, so what I'm saying is that was originally an office building right there. Correct? I guess that I'm correct in assuming that's just going to be open space because they're going to be adjoining the different, or is it the same community's office building that's to the north of it. I guess what I'm saying is it's right next to Cott property, Oershwin property. And he /9. 75 x ~C7 32 x~C~ i 0 . I Planning and Zoning Commission Minutes January 14, 1998 Page 11 of 17 I also has offices going in off this next door, Front the way this was originally done, 1 was under the assumption that they were going to put in an office. And now they've got land between the two properties. I just wanted to know if there was anything that they're planning on doing with the extra land or if they were going to, 1 guess I'm just thinking. Mr. Cosby: 1 can't answer that, but maybe the petitioner could answer that question a little more. Ms. Gourdie: All right, I'll wait until they speak. Ms. Cosby: Again, any questions of me? a y Ms. Gourdie: No more. Thank you. Mr. Donaldson, I think the configuration of that piece to the north of the new right-of-way is such that any office, any building that will take place will be toward the rear of that lot and that toward Teasley is so narrow that it effectively will become open space, But, the road if designed so that there is, in fact, a building pad available towards the rear of that piece, Ms. Gourdie: Right. My next question is that, in this list of the following conditions, I'm just wondering that, if we're going to be doing a 33 foot building up in that, up against the Johnson Ranch property where there'll be houses right up there, is there going to be any limit to windows facing out. I mean, is there going to be something that can change out of this so that they're not overlooking the people's yards and so forth, 1 didn't see that when 1 was reading through this, but 1 don't think that was coming up with, considered when this zoning case came up. Would it be up against residential area? Mr. Donaldson: To the north is another office condition. To the south, they will have to have a buffer yard adjacent to any residential property. That buffer yard has the required number of trees and all of that, so. ; Ms. Gourdie: Right. I'm Just concerned on a 34 to 33 foot building, that's two and a half stories approximately, could go two and a half stories, which, that is in people's eyes. Is that • not correct, a story is about ten feet or fifteen feel, so it's about two and a half, three stories high that building could possibly be, so I'm just curious as to how that would work out for this now that we're closer to a subdivision in the eye line on the southern side of it, There is, instead of having a second, the whole thing is coming up, everyone Is thinking to the back of the building, There was more concern about the people living behind it, not to the south side of it. Now we have an office there. We've got to now consider the property adjacent to it • which is now a residence that will be overlooked from these office buildings. I'm just * • wondering if we have to consider the conditions will remain the same or there will be an opportunity, because of this new situation, to make a consideration that no southerly windows are available on the tort story to, you know, and night time thing where lights won't be on to disrupt the residents. That's what I'm trying to understand. da , r ?K~Q 3?x~ 4 Planning and Zoning Commission Minutes January 14, 1999 Page 12 of 17 Sir, Donaldson: You have the opportunity to place any conditions... ; Ms. Gourdie: OK. Mr. Donaldson; 0 n the zoning that you desire. Ms. Gourdie: Thank you. Mr. Cosby: And the answer to your question, Mrs. Gourdie, these will stay In effect as well. Ms. Gourdie: OK. Thank you. Chairperson Schertz: Commissioner Moreno. Mr. Morena: Forgive an, but I'm still trying to get oriented. Is this the site where there is an older residence and some rather large, mature trees on It. Mr. Cosby: At this site? Yes. Mr. Moreno: Yes. Mr. Cosby: I can show you. Yes. There are not that many trees, but here are the ones right here. Mr. Moreno; Yes, I'm just trying to remember this particular site, As I recall, there is %n older residence there and several mature trees. Am 1 right or wrong? Sit. Cosby: I don't remember, while I was out there, I did not see an older residence, but right across the street from that particular site, all 1 know is across the street there, you know, is where the library is located. You're talking directly across from it. rr t Mr. Moreno: Yes. • Mr, Cosby: No, there. Mr. Moreno: Is there a house on the site? i Mr. Cosby: No. Mr. Moreno: OK, then 1 guess I'm lost. 0 Mr. Cosby: Yes, I'm sorry, it is the older, little ranch house. Mr. Moreno: OK. of - z x l~ 32 x~q • i Planning and Zoning Commission Minutes January 14, 1998 Page 13 of 17 Mr. Cosby: is that what you referred to. R' Mr. Morena: Yes sir. 0 M•. Cosby: I'm sorry. Mr. Moreno: OK. Thank you. Mr, Cosby: It's a small little ranch there. Any other questions? Chairperson Schertz: None at this time, Thank you. At this time, 1'd like to ask the petitioner to please speak. Good evening. Mr. Brad Meyer Good evening, Madam Chair, members of the Planning and Zoning Commission. It's Brad Meyer, Burgess. I'll admit 1 haven't been here since you got all the stuff. So, let me to try to figure this out. Is that how this works? That's actually fine the way i have it If that's OK with you guys. Good evening. The exhibit I have here before you, and a lot of you were on the Planning and Zoning Commission when this came through the first time, this is our same original zoning exhibit we used to zone the property back about a ` year and a half. Il guess. As you can see, the original concept was to bring the boulevard along the south erJ of that property and go through that way, So, basically did the zoning that way; preliminary platted it, Final plaited O..t way, z,e actually got started with construction out there. Starting running into the process of dealing v)ith the Highway Department on our tie-in. The Highway Department said no, you're not going to tie-in there. You must line up with the street to the north that's up there. So, anyway pk! us through a little bit of a tailspin for a while. We obviously had to do a little scrambling and quick thinking and redesign of plans and that sort of thing. And that's how we got to where we are today with this street basically lining up with the road there to the north where there Is an existing median opening. We'll also be constructing a left-turn lane going along with this entrance. What we are basically trying to do now is not increase the number of square footage of the buildings we are building or anything else. We are basically just trading what we had as right-of-way before that was not zoned office for the area that we're now having to take as right-of-way through the tract that we can no longer build offices on. So that is our request, and I'll be happy to answer any questions you may have. Chairperson Schertz: Thank you. Commissioner Gourdie. Commissioner Gourdie; You heard my little discusslor. here.., • Mr. Meyer; Yes. • • Commissioner Gourdie: In my questioning, do you consider that a fair question to r k about the building now being up against a residence to consider, because, I guess, when you first brought it, you expected that to be a road, so this was not a concern and, do you rind that to 1 26 10 32Y, ❑ i Planning and Zoning Commission Minutes January 114, 1998 Page 14 of 17 ` A be a concern, or would you be willing to work with us to make sure that the building is not lighted late at night where the residents are having to look into open windows, or vice verse. Mr. Meyer: Yes, I think pan of that can be done with the site planning process where we come In and actually show you where we're setting the buildings on the land and they orient. We also have a lot of the same situation where our own residential that backs up to that, and I think your buffer yards do address that, as required, trees be planted and that sort of thing to help block those views and make that work. I think through effective site planning, we can take a look at those sorts of issues and, and snake that work. Ms. Gourdle: Are you planning on putting any buildings within a 33-foot height range or are they going to mostly be lower? Mr. Meyer: I'll be honest. We haven't gotten that for, Our main focus has been building the residential subdivision and this is simply our entry Into that subdivision and a change needs to be made right now. We haven't done any layouts on buildings or gotten that far in the site j planning process at all. Ms. Gourdie: Well, my main concern Is, one, this whole situation was out of hand last year I with so many offices being placed, and I'm concerned for the newer residents coming in often seeing another office building that wasn't supposed to be in their eyesight now and that's why 1 ask these questions. Mr. Meyer: Yes. Me, Gourdie: 1 Just want to see something that Is going to be beneficial to all parties Involved. Mr. Meyer: Sure, Now I can understand, Nis. Oourdie: Thank you. w Chalrpersor, Scheru: Any other questions? I'd like to ask Me, Donaldson to share with us ; exactly what the property Is toted right the proposed building now that we're moving the • i • road. Mr. Donaldson: The property immediately south of the subject property is still toned agricultural and is unpWied at this point. What used to be known as the Johnson Ranch actually starts quite a way south of this, below the A tract which is the white tract on the map there on the street, Chairperson Schertt, So, the Johnson property Is rot abutted to where that building Is I proposed. Mr. Donaldson: Correct, and keep in mind ttut with the conditions that are placed on that in e? 3. j 2~i x ID 32xI❑ WM#JR J j f.t Planning and Zoning Commission Minutes; January 14, 1998 Page 13 of 17 i I the zoned district there will be six small buildings since they can have no more than 7,500 square feet in any one building with a total of 43,004 square feet - six smaller buildings rather than one single large building. Chairperson Schertz; All right. 1 don't know if that help clarify or confuse, but 1 thought t would mention that. Are there any other questions of the petitioner? Is there anyone else to speak In favor? Goad evening. Mr. Bob Shelton: Good evening, My name is Bob Shelton. I reside at 3505 Teasley Lane, Denton, Texas. I am the owner of property and would be happy to answer any questions that you may have of me. Also, to elaborate on what we've had, maybe point out a couple of things. One, there is a house sitting up on the hill, it's a little gray house up there. There are a lot of trees right up there around a little gray house. We presently use that as an office for the project. And, secondly, Johnson acres is quite a way down the road from us and there is a house presently sitting, let rte get his location, about We, So, If you have any other questions, Chairperson Schertz: Thank you, Mr. Shelton. Are there any questions? None at this time. Thank you. Anyone else to speak In favor? Anyone else to speak in favor? Is there anyone ` to speak in opposition? Any opposition? Does the h-titioner care to make any final remarks? The petitioner declines, And I will now close the public hearing and ask staff for their final remarks. Mr. Cosby; Yes. Staff recommends approval of the request. Chairperson Schertz: Thank you, Mr. Powell: Yes, 1 would like to move we recommend approval of Z-97-032. Chairperson Schertz: Thank you, °g Ms. Gamer: Second, • Chairperson Schcru: Motion has been made by Commissioner Powell, and a second was made by Commissioner Canter, and for discussion 1'd tike to start with Commissioner Gourdie, Ms, Gourdie: I have a question about the Denton Development Plan. As far as I understand, there Is not supposed to be offices, 1 mean, this Is fine, but I'm curious about the property • that's heading south that Is currently agricultural. Ate we, I guess the Denton Development • Plan is going to take a year or two to come up and be so we'll be staying with the 1488 one, What I'm asking Is this property next door going to be able to be residential tracts or Is going to be opened up to be commercial only since it's a very, I mean, I don't know how many acres that Is, by chance? ay r. 25x10 32XIO 0 1 i Planning and Zoning Commission Minutes January 14, 1998 Page 16 of 17 Mr, Donaldson, Probably on the order of four to five. r Ms. Gourdie: So we're not really going to be looking at a residential area. If the people who own this land decide to sell, we'll probably be looking at some kind of commercial property which, my question is then, aren't we furthering disregarding the Denton Development Plan in its request that there not be commercial properties within half a mile of each other? Aren't we just, again, putting, stripping it into commercial area? Mr. Donaldson, 1 would say that would be one criteria to look at on any future requests for that property with the office toning on the property we're talking about tonight, the office building on the property to the north of it, It does begin to look like a strip office district, but that definitely could be a criteria for making any decisions on future zonirg for the currently zoned AS tract. Ms. Gourdie: Thank you. Chairperson Schertz: Commissioner Engelbrecht. Mr. Engelbrecht; lust a comment with regard to that. If the road had been left in Its fortnet ` alignment, I think there would be a greater pressure for commercial development on this tract to the south because the road would abut that tract, and we have a policy already In place to limit curb cuts on and off our major arterials or secondary arterial, which Teasley Lane Is. And we try to encourage folks to develop so that there Is entry and Ingress and egress from A side street, which that would be. So, In fact, t believe that this should potentially, you never know, but when I look at it, could reduce the push to make that commercial as opposed to increase it because the road won't be there and you can't turn off Teasley and then on to, and access the property from another street. So, I'm not sure it doesn't work to reduce the chances of it being commercial to the extent that you can. Obviously, we're going to Always have that problem of that issue along our arterials. Chairperson Scheru: Thank you. Any other conownts? Seeing none, all in favor of the motion made, please signify by raising your right hand. All opposed. Motion passes 6 to 1, Commissioner Gourdie stands opposed. Ms. Gourdie: I voted for it. I would have liked to have gotten something in before we voted, but I didn't press my thing, so it's fine. Can 1 just make a comment really quickly. Chairperson Schertz: Please, • Ms. Gourdie: I would like to have had a condition on that phase that If it becomes residential, • • 1 mean, those homes I'm really concerned what's going to be next door to the south of it, and if we have a three story building, 1 really feel that those neighbors are going to be, somehow, you know, I feel they're going to get jeopardized by high lights on the third story late at night, / or people looking at them from the third story window Into their yards. I would just like to as~ y 7Ei X 32x Planning and Zoning Commission Minutes January 14, 1998 Page 17 of 17 I i have seen a condition somewhere that the south windows not be developed or that the south side, but, that Mr. Meyer did state that they would come back with a site plan and so forth. I just, I lack confidence, I guess my question Is my thing here is protecting the neighbors when It comes to Office conditional. So, I vote in favor of it, but not happily, Chalrperson Scheru: All right. Then I'll correct the motion and let it stand that It passed unanimously, 7 to 0 and let Commissioner Gourdie's comments be made accordingly. i• 1 1 a fF~:;:: 25 32 x , r 0 Kl1ii11.~OLIJ~,1~lOlM D-UN'Q~wrE1101PNY1 LI`~GY S I I ORDINANCE NO. r AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY (SF-10) ZONING DISTRICT CLASSIFICATION TO OFFICE CONDITIONED (0[C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.07 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, APPROXIMATELY 900 FEET SOUTH OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Westminster, LTD, initiated a change :n zoning for 1.07 acres from the Single Family 10 (SF-10) zoning district classification and use designation to Office Conditioned (O[e]) zoning district classification and use designation; and WHEREAS, on January 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and { WHEREAS, The City Council finds that the change of 1,07 acre lot to O[c] zoning district, when combined with the adjacent 3.21 acres zoned Ole), will equal 4.29 acres and will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 1.07 acres ' described in Exhibit A, attached hereto and incorporated by reference herein, Is changed from Single Family 10 (SF-10) zoning district classification and use designation to Office Conditioned (O[cj) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1, That the uses described in the list attached hereto and incorporated herein by reference as Exhibit B, shall be prohibited within this district, in addition to those ordinarily prohibited by the Office classification, or any other condition listed herein. 2 That the total floor area for all buildings constructed on the 4.29 acres shall not exceed 45,000 square feet % 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of not less than 706/6 brick or masonry veneer. S. That no "off premise" signs (as defined by Section 33.2 of the Code of Ordinance of the City of Denton, or Its sucetasor) shall be permitted. 7 x I~ 32X~Q n , M UL \d l h /4lAlMLwwlwN\rwNOMtPM1 Pat 4 6. That no direct off-site lighting shall be permitted. 7. A "bufferyard" measuring fifteen feet (I5') wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred linear feet (1001), shall be installed along the east property line abutting the residential lots. 8, That the maximum building height shall not exceed 35 feet. 9. No individual building shall exceed 7,500 square feet. 10. All buildings must have pitched roofs, and no roof surface may have a slope of less than 30%. 11, In addition to any street yard landscaping required by Landscaping, Screening, and the Tree Preservation Ordinance, an additional trte per every 50 feet of frontzge along Teasley will be provided. 12. No parking will be allowed in the front yard setback of any building along Teasley. SECTION_U. That the City's official zoning map is amended to show the change in zoning district classification. SECTI 111. That any person viole+ing any provision of this ordinance shall, upon conviction, be tined a sum not exceeding $2,000.00, Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTIONIY, That this ordinance shall become effective fourteen (14) days ttom 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 Menton Record-Chronicle, a daily newspaper published in the City of Denton. Texas, within ten (10) days of the date of its passage, ' PASSED AND APPROVED this the day of 1998. trti 1 { )ACK MILLER, MAYOR ATTEST; I r )ENNIFER WALTERS, CITY SECRETARY • PAOg 2 - - 75xI0 32XIO I i+nl.a .ai~+rtlaa.Irn~rmaa.Lnatr i APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY CITY ATTORNEY ,t I 1 I I I Ii y , PAGE 3 x ~5X~CJ 32X a: earnis , o EXHIBIT A ZONING EXHIBIT BEING A 1.07 ACRE TRACT OF LAND SITUATED IN THE 8. LEWIS SURVEY, ABSTRACT NO. 769, DENTON COUNTY, TEXAS AND BEING OUT OF THAT 4.28 ACRE TRACT OF LAND DESCRIBED AS TRACT '2" IN DEED TO WESTMINSTER LTD. AS RECORDED IN CC S 97- 110019209 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D.R.D.C,T.) SAID 1.07 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY. METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNEROF SAID TRACT'2', SAID POINT BEING IN THE EAST RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 2`181 (A VARIABLE WIDTH RIGHT-OF. WAY); THENCE N 00'31'30" W WITH THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 41.07 FEET TO A POINT FOR CORNER; THENCE N 01'04'10" W WITH THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 98.93 FEET TO A POINT FOR CORNER; I THENCE S 88°09'35" E OVER AND ACROSS SAID TRACT'2", A DISTANCE OF 352.47 FEET TO A POINT FOR CORNER; THENCE S 01'3221" W WITH THE EAST LINE OF SAID TRACT 02". A DISTANCE OF 131.91 FEET TO A POINT FOR CORNER; THENCE N 88609136"W WITH THE SOUTH LINE OF SAID TRACT '2', A DISTANCE OF 295.99 FEET TO A POINT FOR CORNER; I THENCE S 74025'53" W WITH THE SAID SOUTH LINE, A DISTANCE OF 20.82 FEET TO A POINT FOR CORNER; THENCE N 87156'25" W WITH THE SAID SOUTH LINE, A DISTANCE OF 24.90 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.07 ACRES OF LAND, MORE OR LESS. THE DESCRIPTION AND70R EXHIBIT HEREIN IS NOT THE RESULT OF AN ON THE GROUND SURVEY BY "CARTER AND BURGESS', THE BEARINGS, DISTANCES AND ACREAGE SHOWN ARE ALL APPROXIMATE MO SHOULD NOT BE RELIED UPON AS ACCURATE OR CORRECT. THESE DOCUMENTS ARE NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 52020 V.T.C S, (Revised). , PAGE 1 OF 2 MARCH S, 097 I:&DM23470 MOATAi3472ONIN.F NS 30 25 x 32x~~ st MOSLEM I u OFFICES AT HUNTER'S RIDGE LAND DEVELOPMENT COMPANY HERSMAN DEVELOPMENT CC) 96-ROO53647 CORPORATION, ETAL VOL. 3453, PG. 893 VOL. 3453, PO. 841 1'H00' a WEST INSTE2LTD. CC 97-POO10209 D.R.O C.T. co r fV WESTMINSTER LTD, x TRACT I S 88'Ofl'35" E CC 97-ROOI9209 D, A 0 V. L. 352.47 k N 01'04'IU' 08.t)3 1.07 ACRES M N 00'31'30" 41,07 295.00 \ N 88'09'35" W 1' v \ 20.82 24,80 S 74'25'G3" W N 87'58'25" W i THE DESCRIPTION AND OR EXHIBIT HEREIN 3 NOT THE RESULT OF AN ON INC GROUND SURVEY BY "CARTER AND 9URMS", THE BEARINGS, DISTANCES AND ACREAGE SHOWN APE ALL APPRP(IMATE AND SHOULD NOT BE REUED UPON AS ACCURATE OR CORRECT. "y [ THESE DOCUMENTS ARE NOT INTENDED FOR USE AS DEFINED UNDCR SECTION 2 OF Ile chn IONAL LAND SURVEYING PRACTICES ACF, ARTICLE 5182C V,T.C,S. (r/vissd)..s- F THE PROFESS SCAL ,a•v-sr carwoBurius ET ~~~u.,'•,ar ZONING EXHIBIT kor" *'p it $=4 14 3= s D*AAW of PRO 11 CARTER A TFURGESI, NC 00 DF b iu~~ i♦~iillsuk 1!e htCw~O H. RAJ. 2.5 32X III • tY an I EXHIBIT B List of Prohibited Uses i J One Famlly Dweltimg Aestrictad Community Unit Development Dormhory, Boarding or Rooming House Hole} or Motel Church or Rectory College or Univershy or Private School Community Center (public) Group H"s Halfway House Hospital (chronic core) Hospital (acute cafe) Public Library Monastery or Convonl Nursing Home or Residence Home for Aped Occasional Sales Park Playground or Public Community Center School, Private Primary or Seconds ry School. Public or Denominational School, Business or Trade Community Center (private) Electrical Substation Elecitleal Transmission Line Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off-Street Parking tncidenlal to the Maln Use Off-street Renate PorWng Sewage Pumping Station Private Swimming Pool Telephone Line A f xchanoe Switching or Relay Station Water Reservoir, Water Pumping Station or Woo Country Club (private) with Goff Course Public Doll Course Public Park or Playground Public Pfay Field or Stedlum Swim or Tannls Club Railroad Track or Rlght•of•Way i Farm or Ranch '0 t Animal Clink or Hospltal (no outside runs or pens) Comelery Of Mausoleum • Fraternity, Sororfy, Lodge or Cf* Chub Home for Care of Alcoholic, Narcotic or Psychiatric Patients Public Building, Shop, Yard of Local, Slata, or Federal Government Radio and/or Tetevlalon Microwave Tower Water Treatment Plant Airport Lending Field or Heliport Wmmerclaf Parking Lot or Structure Cafeteria • • Mortuary or Funeral parlor Restaurant Scientific of Research Laboratories 2.5 a 32X 10 ,~saaa.a l ^narraM 1 i J OFFICE (CONDITIONAL) PERMITTED USES: end Snacist Uses Art Gallery or Museum Day Nursery or Kindergarten Scholl Hospital (General Acute Care) 0 Institutions of Religious or Philanthropic Nature Nursing Home or Residence Home for Aged Utility. Accesega and Incidantal Uses • Accessory Building Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) • Telephone, Business Office R&WI and Service Too Uses Offices, Professional end Administrative 8 Studio for photographer, Musician, Artist or Health Agricultural Ty sea l Animal Clinic or Hospital (No outilds runs or pens) i1 ~l 32x1` 0 I OPPICES AT HUNTER'S RIDGE LAND DEVELOPMENT COMPANY HERSMAN DEVELOPMENT CCU{ 96-POO83647 CORPORATION, ETAL VOL, 3453, PG. 853 VOL 3453, PG 647 y~4rL~~9 WESTMINSTER LTD. Vs TRAC CC d 97-POO19209 D R,D C.T. 0 N f WESTMINSTER LTD, 2 TRACT 1 CC tr 97-POO12209 S 88'09'35" S DR D C T. v 352.47 N 01'04'10° W, 98.93 1.07 ACRES 0) c\l N N 00'31'30" W-w 1. 295.96 c 41.07 Tn N 88'09'35" W 1` 20.82 24.90 S 74'25'53" W N 87'58'25" W THE DESCRIPTION AND OR EXHIBIT HEREIN IS NOT THE RESULT OF AN ON 18E GROUND SURVEY BY "CARTER AND BURGESS". THE BEARINOS, DISTANCES AND ACREAGE SHOWN ` ARE ALL APPROXIMATE AND SHOULD NOT BE RELIED UPON AS ACCURATE OR CORRECT. THESE DOCUMENTS ARE NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 00 THE PROFESSIONAL LAND SURYEYING PRACTICES ACT, ARTICLE 5282C V,T.C,S. (r/vllld), NIZZ DATA a-il-Ar _ uwtit•'w ZONING EXHIBIT wc""~' SHEET ' ►gmmN W ew4.n ~ ' M I yArF /r.AAI CARTER 6 BURGESS, No S .5 .12 X O Agenda No. AGENDA INFORMATION SHEET Apsnds Item Date 'R 97 AGENDA DATE: February 3,198 DEPARTMENT: Planning and Development DCM: Rick Svchla, 349.7715 SUBJECT Hold a public hearing and consider approval of a Specific Use Permit to allow a manufactured home park in a Light Industrial (LI) zone district. The proposed use will treat.: 120 manufactured home spaces on an 83.77 acre tract located west of 1.35, north of state Highway 380, east of the Atchison, Topeka & Santa Fe Railroad corridor, and south of the Loop 288 intersection with 1.35• (Z-97.027) BACKGROUND At its meeting of January 7, 1998, the Planning and Zoning Commission conducted a public hearing regarding this application, Aner finding that the proposed development was consistent with the Denton Development Plan and the criteria found in the zoning ordinance for granting a specific use permit, the Commission unanimously recommended approval of the specific use permit. The evidence presented at the hearing indicated, Y that the proposed development would provide infrastructure in the area which would benefit j adjacent property owners; I Y that the proposed development would provide entry-level and retirement arfordable housing; > that the proposed development would contribute little traffic congestion to the existing street system; > that comparable developments were found to have no negative impact on surrounding property values; > that comparable developments were found to place little burden on existing school systems and that Evers. Park Elementary School had existing excess capacity; > that the proposed development would provide privacy fences, recreational facilities and landscaping; and > that the proposed development is consistent with the Denton Development Plan and the Zoning Ordinance. ESI MIAT "D SCHEDULE OF PROJECT A Specific Use Permit issued under the Zoning Ordinance shall become null and void unless construction or use is substantially underway within one (1) year of the Issuance of the permit, unless an extension of time is approved by City Council. J~o 1 - ----T,,;7: [ 32X❑ g. 7 rj 1 o t PRIOR A(710NIREVIEW (Counclt Boards. Comm_Issloml The Planning and Zoning Commission, at its meeting of January 7, 1998, recommended approval of the Specific Use Permit to develop and operate a Manufactured Home Park within a Light J Industrial (LI) zone district. FISCAL INFORMATION At the public hearing, representatives of the applicant estimated that the proposed development at build-out would contribute approximately $625,000 annually In city and school property taxes, and approximately S29$,000 annually in city sates taxes (assuming a multiplier effect of4. 1). here was no information presented on the estimated cost to local government incurred by such a development. 1v1Ai` , Attached Respectfully submits f 2y d Hill GG V Director of Planning and Development Prepared by: dv( p,.r~,~... Mark Donaldson Assistant Director of Planning and Development r `I tlt ~ { • • • 2 2.5 x10 32XIO 0 A#6M1 I PLANNING AND ZONING COMMISSION STAFF REPORT Case Name: Davidson's Landing, Specific Use Permit Caso M Z-97.027 $1lS: Mark Donaldson per: January 7,1998 GENERAL INFORM&TIION j Aflp'cant; Tartan ProperlI03 I P.O. Box 211 Georgetown, TX 78827 Owner; David Angel P.O. Box 1398 LePode, TX 77572 Action: Hold a public hearing and consider making a recommendation to the City Council concerning a Specific Use Permit for a manufactured home park In a Light Industrial (LI) zone district. LocaOoniSlza: This 83.71 acre tract Is located west of 1.35, north of Stale Highway 380, east of the A,T&SF rail corridor, and south of the Loop 288 Intersection with 1-35. Surrounding Lard Use and Zoning, North NA not In City Vacant ; East LI ht Industrial RV Sales to NE South L ht Industrial Medical Uses to SE West NA not In City Vacant Intensity Zone: #18 wr , Intensity Area h18 of the Denton Development Plan Is 400 acres and Is bounded by 1.35 on the east, the A,T S SF Railway on the west, a western extension of Westgate on the north, and Los Colinas, extended, on the south. The percentage of infensdy trips currently allocated Is 167%, However, current development contributes only IN of allocated trips, 8,848 developed trips compared to 39,988 allocated trips, The balance Is attributed to undeveloped, zoned land. The proposed development Is estimated by the traffic Impact study to produce 1,924 trips ` • per day, 23 trips per day per acre. This Is 82% fewer trips than the 60 trips per day per acre threshold for low Intensity areas. If this project is developed, the percentage of Intensity trips allocated within the area would be reduced to 131%. 3 32 X ❑ 0 BACKGROUND This property was rezoned in March, 1985, from Agricultural (A) zone district to Light Industrial C (LI) zone district. Within a Li zone district the development of a manufactured home park Is allowed upon approval of a Specific Use Permit, The purpose of a Specific Use Permit Is found at Section 35-108 of the Code of Ordinances. A Specific Use Permit provides City Council the opportunity to deny or to conditionally approve those uses that generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the oommunlty. Because, however, of the nature of the use or possible adverse Impact on neighboring properties of the use, review, evaluation and exercise of planning judgement relative to the location and site plan of the proposed use are required. SPECIAL INFORMATION Mobile Home Permit Required. The proposed use Is subject to the requirements of Chapter 32 of the Denton Code of Ordinances. Mobile Homes, Mobile Home Parks and Recreational Vehicles. A mobile home permit is required to construct a mobile home park In the City. Chapter 32 regulates the design attributes of residence structures and spaces, access and traffic circutation, lighting, telephone lines, recreation areas, water supply, sewage disposal, steclide distn'buGon, garbage handling, service and community buildings, insect control, fuel storage, and fire management for mobile home parks. Manufactured home defined. Manufactured homes and mobile homes are one and the same, except that mobile homes were constructed prior to June 15, 1978, while manufactured homes were constructed on or after June 15, 1976, HUD-code manufactured home means a structure constructed on or after June 16, aN. according to the rules of the U.S. Department of Housing and Urban Development, transportable in one (1) or more seotlons, which, In the traveling mode, is eight (8) body feel or more In width or forty (40) body feet or more in length or, when erected on site, Is three hundred twenty (329) or more square feet and which Is built on e permanent chassis and designed to be used es a dwelling, with or without a permanent foundation when connaoted to the required utilities, and includes the plumbing, healing, alrconditloriing and electrIcal systems. The term does not include a recreational vehicle as that term Is defined by 24 CYA section 3282 8(g). Menufecfured housing or menufacfured home means a HUD-code manufactured home or a mobile home and collectively means and refers to both. Mobile home means a structure that was constructed before June 16, 076, transportable In one (1) or more sections which, in the traveling mode. Is eight Is) body feet or more In width or forty (40) body feet or i more in length or, when erected on site, Is three hundred twenty (320) or more square feel end which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and Includes the plumbing, heating, air-conditioning and electrical systems. Platting required. This property Is not platted, Platting Is required prior to any development. PUBLIC NOTICE • i i u Ten (10) property owners were notified of the application on December 22,1997. An analysis of responses will be provided at the meeting. If replies In opposition represent 20 % of the adjoining land area within 200 feet of the boundary of the property, the 20% rule will Win effect. 4 sr. t ❑ 32x10 i RECOMMENDATION r Staff recommends a Commission recommendation for approval, D The proposed development is consistent with the Denton Development Plan. It Is located within a Low fnfensHy area. A policy of the Plan related to low Intensity areas is to emphasize residential use. In addltion, this manufactured housing unit threshold, appears °ito be comthe bwith development which Intens Plan's area. compatible In a low • D The proposal meets the criterla found at Section 35.112 of the Zoning Ordinance to Issue a Specific Use Permit. ALTERNATIVE ACTIONS 1. Recommend approval and report to City Council its recommendations. Section 35113 allows the commission to recommend additional conditions on the proposal to protect the public interest and the welfare of the community. 2. Recommend denial. In such event, the request shall not be referred to the council unless the applicant, whhln ton (10) days of the commission's decision, shall file a request In writing with the department of planning and development requesting that the council review the oommiselon's recommendation. ENCLOSURES 1. Project overview 2. Location map. 3. zoning exhibit 4. Proposed site plan, 6. Uses permitted in the Light Industrial zone district. 6. Traffic Impact Analysis 7. Letter from Real Estate Appraiser ro s L z5x10 32XIO t i ENCLOSURE 1 PROJECT OVERVIEW Tartan Properties seeks a specific use permit for an 92•acre site located West of 1.35 and South of Camping World in Denton, Texas to develop a 420-unit manufactured home community named ` Davidsoes Landing. A city map, location maps and aerial photographs of the site are included in this section. Also included are City of Denton zoning maps. As the zoning map depicts, the site is currently designated "Light Industrial" which Includes manufactured housing as a permitted use with a specific use permit. The concept plan for Davidson's Landing contemplates a proposed density of 5,1 unitslacre for the approximate 420 manufactured housing units. The concept plan contemplates two different types of manufactured home lots in DsvidsoWs Landing: (1) A total of 113 wide multisection lots for slde•set placement of multisection homes; and (2) A total of 307 standard multisection lots for end-set placement of homes. There will be no at ngle- section tote in Davidsores Landing. Side-set multisection homes will be distributed around the perimeter of the development to buffer the Impact on neighboring properties. Py of the manufactured housing zoning ordinance and a comparison of the proposed development's site plan to city code are included In this section for review. A comprehensive amenity package including a clubhouse, pool, sports court, volleyball court and greenbelt areas will be offered for the residents of Davidson's Landing. Strict architectural controls will be enacted to restrict the types of homes brought into the community. For example, only new homes meeting minimum square footage requirements.with composition shingle roofs and either wood or vinyl riding will be permitted In the community. Photographs of typical common areas, home exteriors and home interiors are Included In this section for review. A typical floor plan is idso Included in this section. Finally, Tartan Properties' proposed Mules & Regulations for Davidson's Landing are also Included for review. Tartan Properties desires to make Davidson's Lending a welcome addition to the Denton community. As such, the developer is currently conducting discussions with lord neighbors to incorporate any feedback into its development plan. These discussions will likely continue through the public review period to assure that any concerns are addressed. 6 2 5 x C 32 x o ENCLOSURE 2 Q~C~ M 35 38~ 377 I E 1 n Muni 35 35E AI 377 35E t / 5 1~ LepwWRN9 I 1 c~ ENCLOSURES DAVIDSON'S LANDING Area Zoning DENTON CITY LIMITS pAVID~ON'~ ETJ E , r { • + • M r 32 X 1 ~ ENCLOSURE 4 I I Dav~dooo'o aoodao~ DENTON, TEXAS I eaeers wrr.,..y YIY~ 'Loft. mb ;7140 1 .f + Asaftib" S7~Ir lwdlr- C. „=fir Y. nwM MN W = . f. ! 1 1 y}iyAu Oh.l1►RiY 1''1 46~11 MI~Mi4M .•iM., iY,A"II jZ;WWZp~yy~iy~/1Mj:: 111iAM'~ ACV / 1.M MIS W . i.. 11~w . CenlitM u..u..• 4/111v~Yi Mq1 W fAAfANjPqMIV ~nwow MOMMMM=d 9 5i (0 AON 1J! IIS1U0jUK\EjGot\S90r\:(x 0 32XICl MUM 0 I ENCLOSURE s 11LIBS Light industrial Distriot PERMITTED USES! Primary Residential Uses One Family Dwelling Restricted Dormitory, Boarding or Rooming Hou!:e Hotel or Motel Educational. Institutional I Special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) 1 Hospital (chronic care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged occasional sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade i Utility, Accessory an Incidental Uses Accessory Building community center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and P Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Homo Occupation off street Parking incidental to Main Use off Street Remote Parking private Utility Shop or Storage Yard 1 Public Building, shop, Yard of Local, state, or federal Government Radio and/or Tolevison Microwave Tower • Sewage Pumping Station • privets Shimming pool Telephone, Business Office Telephone Line and Exchange Switching or Roley station r Water Reservoir, Water Pumping station or wolf water Treatment Plant 10 k 95 • 32X O s igLIU Light Industrial D etriot leontinuedl gp re-tional and Entertainment Uses Amusement, Commercial (outdoor) Amusement, Commercial (indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Drag Strip or Commercial Racing Fairground or Exhibition Area Go Cart Track Public Golf Course Commercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo Grounds Roller or ice Skating Rink Sexually oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club J Theater, Drive-in l Theater, Other than Drive-in Type T~~; cr atien Related Uses Airport Landing Field or Heliport Bus station or Terminal Hauling or storage Company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way i Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Au tomobila service.Usas Auto Laundry Auto Painting and Body Repair µy Auto Sales and Repair (In Building) Gasoline Service Station r New Auto parts sales Stores New or Used Car Sales Lot (In open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (In Building) Retail and Service Type t'sps Antique shop y~ Bakery or Confectionery shop (Retail) Cafeteria r cleaning and Pressing Small Shop and Pickup Custom Personal Service Shoe Drapery, Neadlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) 1) ~ _ 7~ x C7 32X~❑ e 0 riot (continued$ ENCLOSURE 5 +1Li++ Licht Yndustrial Diat Retail and Service Tvoe rasa (continued) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor I Offices, Professional and Administrative j Off Premise Sale of Beer and/or Wine on Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop j Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental agricultural Type Use Animal Pound (Private or Public) Animal clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery l Hatchery, Poultry Co merai 1 Type Uses E Bakery (Wholesale) Building Materiel Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Petroleum Products, Storage - Wholesale Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (Outside a Building) Storage or Sales Warehouse 0 Trailer Rental or Sales J%01 Transfsr, Storage and gag age Terminal Wholesale Office and Sample Room Spacial Induatcial_4'rocessas Mixing and Sale of Concrete 12 ' - •10 32x00 i 0 uyiu Light Iadytlltrial bl8triat (aontiiLUeA1 General Industrial Uses Light Manufacturing or industrial Uses which meet the performance standards prescribed by Article 17, 18A, 1 through 7. p TIED-U vtmu ''d9ROVE0 aPEDIPIO ll9E_P~Rl~IT/ ~ PrimAry Residential Uses Trailer Camp or Mobile Home Park g,ducational Tnatitutional 6 seepial Uses Correctional Facilities Fraternity, sorority, Lodge or Civic Club Vtilitv._~~~~s■^r,1" and Tnaidantal Uses Sewage Treatment Plant AgrigulturalType Vaaz Livestock Auction Livestock Feeding Plant, Pens or Yards commsraiel_'_ryp.a_Vesa Flea Narket Band, Gravel or Earth Sales or storage Natural Resource storage and Extraction Extraction and Storage of Sand, Calocho, Stone, Clay or Gravel Petroleum or Gas Wall Petroleum Collecting or Storage Facilities Mining or Storage of Mining Wastes 69.mie1 Tndustria Processes Temporary Asphalt or Concrete Batching Plant Brick Kiln or Tile Plant thump or Sanitary Fill Area Open Salvage Yard for Hags, Machinary, etc, NUA ftEOn RZ " M Floor/Area Ratis 211 Maximum e , • • Front Yards minimum 25 loot aide Yards No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such distriots from a residential district or when the side yard is adjacent to the strut, in 'which event a ten (10) foot side yard shell be provided. IJ " w )5 r !n 32x10 0 n ENCLOSURE 5 ji in Light ledustrial niskrie loontinuedl yRRO $ZOpiA*wENTe leentinuadl+ Rear Yards No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district lino, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ton (10) toot shall be provided. >t>'i4HT AAOL .fTIOk®1 To any legal height not prohibited by other laws or ordinances. In the districts where the height of buildings is restricted to two (2) or three (3 stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty-five (45) foot above the averagqe grade line of the building. Water stand pipes and tanks, ohnroh steepples domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and roar yards for each toot that such structures exceed three (3) stories in height. SU LEMErNTAt AMOULRTiONAL 1. varkinq (eased an use. See Article 34-115.) 2. Signs 3. Lighting 4. Landscaping 5. Screening i Fencing s i C 14 25 XIce 32X1[] 0 GNC'LVSu~t: ~ DAVIDSON'S LANDING TRAFFIC IMPACT ANALYSIS REVIEW r At the City's request the firm of Cummings k Pewitt, Inc. (C&P) has reviewed the tratTc Impact analysis (TIA) submitted by lack HAtchell do Associates (JHA) for the proposed Davidson's Landing development. This transmittal summarizes our review comments with regard to the study report prepared for that TIA. DESCRIPTION OF SITE The proposed mobile home park Is to be located on the west side of 11-1 35 between Loop 288 and US Kghway 380. There will be a total of 400 mobile home lots developed within this 87 Acre site: 300 lots in Phase 1 over the next four yeas; and 100 lots in Phase 2 In years five and six of the development. STUDVAREA The study area considered in this TIA was established by the City and included the following five intersections 11135 Southbound Frontage Road and US Highway 380; 11133 Northbound Frontage Road and US Highway 380; US Highway 380 and Mesa; 11 135 Southbound Frontage Road and Schuyler; and 11135 Southbound Frontage Road and the site's main entrance. 1 ANALYSIS METHODOLOGY 3 1 111A used the Highway Capacity Manual (HCM) and Signal 94 as its choices for conducting the } opacity analyses necessary for this TIA. The HCM and its associated software are the traditional choce by traffic engineers for analysis of unsignalized Intersections while Signal 94 was )HA's choice for analyzing the signalized intersection at 11 135 and US Highway 380. The typical output from these programs is A meseure of average delay recorded in seconds per vehicle which In turn Is converted to a qualitativ. . level of service (LOS) value ranging thom "A" (very good) to "F" (very bad). We concur with IIIA's choice of the HCM for analyzing the unslgnalized Intersections. However, the use of Signal 94 for the signal at IH 35 and US Highway 380 Is not the best choice available since this program eartnot simulate the operations of s diamond Interchange, We can use the output from i Signal 94 In order to compare the "magnitude" of the changes between existing conditions and the * • fully developed conditions brought on by Davidson's Landing. ! r l Page t 15 75 x 0 32 x Q , 0 TRIP GENERATION ( )HA developed its trip generation information through the use of the Trip Generation Manual published by the Institute of Transportation Engineers. Through the data collected and compiled in the manual )HA estimated that a total of 1,924 trips per day would be generated by the Davidson's Landing development, We concur with the trip generation methodology used by IHA in this TIA TRIP DISTRIBUTION AND ASSIGNMENT In general we concur with IRA's trip distribution pattern and traffic assignments. These were based on the current traffic patterns along the IH 35 Southbound Frontage Road, US Highway 380, and Mesa as well as the nearby roadway network configuration. One area In which we would suggest a different assignment is In reference to the amount of inbound traffic to the site that )HA assumed would travel from the south on IH 35, by-pass US highway 380, exit at Loop 288, and cross over IH 35 to access the site from the southbound frontage road JHA assigned 0% in the AM period and 30°/s in the PM period. We believe there should be a closer correlation in these two percentages, Travel time studies indicated an average trip time of 4 minutes 30 seconds to access the site from the south via Loop 288 and 3 minutes via US Highway 380, This would suggest a minimal assignment along the Loop 288 route - probably in the area of S - l0°/. rather than 30%. PROJECTED TRAFFIC VOLUMES i The site's traffic volumes were assumed to occur over a six year build out period. To obtain the projected traffic volumes at the five study Intersections for that period in time, IHA added ,he site's traffic volumes to the existing volumes A six percent tralfle growth factor was also Included In these calculations to account for wtnual traffic growth in the area We concur with the methodology uod by 111A to calculate the projected (raffle vclumes. p 1 OPERATIONAL CONDITIONS AND ANALYSES • )HA performed capacity analyses on the five study Intersections using the previously mentioned software programs. Three traffic volume scenarios were analyred existing conditions, existing plus Phase i conditions; and existing plus phases 1 and 2 conditions. To evaluate the results of the TIA 1 we compared the existing conditions with the existing plus Phases I and 2 conditions r We noted three errors In the analysis results provided in the Appendix to the TIA. • • Pare 2 16 K 32x10 ~ i C L t3 CLJSu D,C (v The HCM capacity analysis at Mesa and US Highway 380 for the Phase 1 plus Phase 2 condition during the AM peak hour stowed incorrectly assigned traffic volumes for southbound Mesa. The left and right turn volumes had been Inadvertently switched The HCM capacity analysis at Mesa and US Highway 380 for the Phase I plus Phase 2 condition during the PM peak hour also showed incorrectly assigned traffic volumes for southbound Mesa The left and right turn volumes had been inadvertently switched. The Signal 94 capacity analysis for the Northbound IH 35 Frontage Road At US Highway 380 assumed an incorrect lane assignment for the fhontage road. The analysis assumed three separate lanes: a left turn only lane; a through only lane; and a right turn only lane. The actual lanes include a separate left turn only line; a combination left turn and through lane; and a right turn only lane. We tvaluated the 1HA capacity analysis results by adjusting them to reflect corrections with regard to the three items mentioned above The key findings regarding operational conditions are listed below. Mesa and US Highway 380 in the AM peak hour • The southbound left turn from Mesa currently operates at a LOS "E" with in average delay of 35.8 seconds per vehicle Davidson's Landing will increase this to an "F" LOS with 483 seconds of delay. Mesa and US Highway 380 in the PM peak hour • The southbound left turn from Mesa currently operates at a LOS "F" with an average delay of 64.4 seconds per vehicle Davidson's Landing will maintain the "F" LOS with an Increase to 126.8 seconds of delay. Northbound IH 35 Frontage Road and US Highway 380 • Dmidsot's Landing will ' not aignificantiy affect existing AM or PM operations. The AM peak period will rtmair at a LOS "B" while the PM peak period will increase from a "B" to 11"C". Southbound Ill 35 Frontage Road and US Highway 380 • Davidson's Landing will w not significantly affect existing AM or PM operations, The AM peak period will remain at a LOS "C" while the PM peak period will increase ftom a "C" to a "D". • It should be noted that the peak hour traffic volume increases due to Davidson's Landing are minimal and that a significant portion of these Increases in LOS and delay can be attributed to the six percent annual growth factor. TIA CONCLUSIONVI ECOMMENDATIONS • M concluded that ftom a capacity standpoint, no roadway Improvements were needed to meet the City's standards due to the development of this site Pate 17 25 a 32 x C1 s • o Reference was made to the impact on tragic operations due to the large number of left turn vehicles caurently turning from the IN 35 Northbound Frontage Road onto US Highway 380, This movement ( was recorded at 603 vehicles during the PM peak hour during this T1A. In general we concur with M's conclusions and recommendations The number of vehicles generated by this site is i nAli (160 in the AM peak hour and 224 in the PM peak hour) and the Impact i of this traffic on the existing traffic operations is minimal. C&P OBSERVATIONS AND COMMENTS l Based upon our review of traffic operations in the study area and our review of the TIA study report we would offer the following observations and comments. The existing heavy lefl turn movement from the IN Northbound Frontage Road onto US Highway 380 appears to manifest itself In a corresponding heavy right turn movement from US Highway 380 onto Mesa The capacity and potential safety of the IN 35 Northbound Frontage Road at US Highway 3801s significantly affected by a heavy truck movement between IN 33 and US Highway 380, Existing traffic volumes turning from Mesa onto US Highway 380 are small (76 in the AM peak hour and 42 in the Pitt peek hour). Davidson's Lending will add less than 15 additional vehicles to these already small volumes The majority of traffic exiting from the site is projected to move over to the southbound frontage road VIA Schuyler, Barcelona, Los Colinas, Bandara, and the site's main entrance Of the four City streets, Schuyler is shown to receive the most traffic fror+the site • 20 vehicles in the A NI peak hour and 15 In the PM peak hour. The future construction of a diamond interchange with Texas °U" turn movements 1 at Loop 288 will relieve tratlic operations at the US Highway 380 interchange. We estimate that 25% • 500/e of the vehicular traffic accessing the existing and proposed developments on the west side of IN 35 will by-pass US Highway 380 and use Loop 4 298 Instead, Traffic volumes at Mesa end US Highway 380 do not appear to warrant a traffic Signal Installation. As growth In the area continues, warranting conditions they ultimately be aat►siled Due to the proximity to the interchange we would recommend against such an installation. An extension of Worthington to Intersect with US Highway 380 would be a much better site for a traffic signal Installation Additional east • west access to Worthington via Schuyler, Darcelons, Los Colinas, and/or ♦ Benders. would Also be necessary to relieve the traffic loading and any signal need at O • Mesa and US Highway 380, J Pole 4 18 n 1 t NC ~}~.2ts ~ C&P CONCLU31ONS Traffro volumes generated by the Davidson's Landing site will be relatively small and do not warrant any geometric improvements to promote safety or traffic operations in the study Area, Future Improvements to the existing Loop 299 interchange should aid greatly in Improving tragic operations at the IH 35 and US Highway 390 interchange. The City should include In Its planning efforts the extension of a street located west of Mess (such as Worthington) to tie Into US Highway 390, Such an intersection would be a much more logical location for a future traffic signal thus Mess. CLOSING We have reviewed the M traffic Impact analysis report and have found it to be a good report that utilises sound en&ee+tng principles, methodologies, and Judgement In accomplishing the study. We have addressed our concerns and observations and are hopeful that what we have provided will be i helpfid t,s the City in evaluating the merits of approving this site as well as pluming for the future of this area 4 I i~ M riled li 19 'I 75'n 2X 0 N1nAl#, ' I 0 l G l~ei.~~~r>a~ 7 STEPHEN B. KLUGE & ASSOCIATES Rat Edda Apprdtsn I Co MKOMA PD Boa 60110, Donlan. Tats, T0200' Talaphwo A F&9 P q 002.6170 E i Mr. Jeff Carroll Tartan Properties PO Box 211 Georgetown, Texas 78627 Mr. Carroll, Per your request, i have reviewed the development plans of Davidson's Landing, a manufactured housing development In Denton, Texas. Also I have considered the possible affects an value the development may have on surrounding properties. A brief discussion on the proposed development and the affects of the development on surrounding use follows. Davidnn s IBt ding Davidson's Landing is a proposed manufactured housing development to be located In the northwestern sector of the city of Denton, Texas. The site Is to be 83.77 acres which Is located west of IH•35 North (directly west and south of Camping World) and north of Schuyler Road (north of Denton Regional Hospital). The primary development site is approximately SOO' west of the IH•35 North access road. A proposed site plan of the development Is located In the Addendum of this report. The general development, when completed, will contain approximately 420 lots, However, the first phase of the development will be situated on 63.63 acres with a total of approximately 300 lots, having a density 4.88 lots per acre. The density of tho completed subdivision will be 5.06 lots per acre, with approximately 10.83 acres to be utilised for open spaces, common areas and detention ponds. Presently, the area is zoned Light Industrial, with water and sewer being available to Camping World. The only access road to the area Is an extension of Marshall Road. When developed, city water and sewer will be extended to all lots within the subdivision. This will enhance the potential value of surrounding properties by the extension of city uillitles to the area. Access will be from IN-35 south service road and Schuyler Road. The manufactured homes in the development will be owned by the residents. Per the lease agreement with the developer-owner of the subdivision, no subleasing of any home "I be allowed. Homes In the development are to range from $30,000 to $60,000, dependent on size and upgrades desired by the owners of the manufactured home. The community will consist of 100% double wide tots, with two off-street concrete parking unlu per space. The sites will range from 5,162 SIT to 51904 SP In area, larger than the 5,000 SIR required by the 20 w. 31 y , r • c NaLJSt,~P-G I city of Denton. Home sites leases will be within the current market leases for good quality ( developments, of $250,00 to $243.00 per month. The sites will be maintained by the home owners in accordance with the guidelines of the tease provided by and enforced by the owner. Only new or recent model homes In very good condition will be accepted In the community. Homes will be required to have composition shingle roofs, exterior walls of vinyl siding or hard board, with skirting to be consistent with the siding. Each site will have basic landscaping and shrubbery. The site will have a 1S' landscape buffer and 6' privacy fencing between residential properties. The overall development will be similar, albeit superior, to two of the better quality manufactured home communities In the areas Lakewood Estates and Hickory Creek Park. Both of these communities are located on FM 2181 and proximate j to new residential development, { Surrounding Development The subject property is located In an area of limited development. The primary development is located proximate to IH•35 North, being Camping World, north and east of the subject property, Denton Regional Hospital and The Nelson Center adolescent treatment center, south of the subject property, A former residential structure Is located in the central sector of the development. This property is now being used by' 5 privately funded group as a women's shelter. Two single family structures are located north of the subject, one being surrounded by the proposed development and the other having separate access from IN-SS being north of Camping World and outside the city limits of Denton. As noted from the aerial photograph, furnished by Tartan Properties (see Addendum), the remainder of the acreage Is vacant land, with the AT & SF Railroad creating a buffer from adjacent residential development west of the proposed development. ` Of most importance In the examination of the Influence of the proposed development 10 surrounding properties Is the current coning that burdens the surrounding property. According to the Denton Planning and Zoning Map for the area, the surrounding land use is designated for Light Industrial Use. This Is one of the least restrictive uses In the development code, which allows for most forms of development to Include light Industrial, retail, commercial and manufacturing uses. The subject Is considered to be conforming to j this use with an approved specific use permit, The residential community west of the railroad is not considered to be Impacted by the proposed development due to the buffer created by the rail bed. The commercial development of Camping World, the Nelson Center and Denton Regional Hospital are not considered to be detrimentally affected due to the development not having a competltlve use. As to the residential use, the appraiser surveyed three manufactured home communities In + the area and noted the followings 0 ~ - i Lakewood Estates • East side of FM 21810 Ryan Road ~itf Z t 21 O I Ct L ~ S ~ (1(i 7 ~ This is a manufactured home community that is considered to be competing with the subject development. Surrounding use Includes a retail strip center, i new home development (Choice Homes) with bomes ranging In value from 580,000 to 5100,000. New home construction Is located approximately 114 mile north on FM 2181, with Pulte and Hampton Homes developing new subdivisions of homes ranging in value of $130,000 to $170,000. The acreage contiguous to the north of the subject property has was purchased In October 1997 for $15,000 per acre (72 acres) and Is to be developed to a single family residential community similar to the Pulte and Hampton Homes developments. The $13,000 per acre paid for the 72 acres Is the same price as paid for the Pulte, Hampton Home and Sundown Rench developments, thereby demonstrating no decreased value when contiguous to manufactured home communities. Hickory Creek Park • North side of FM 2181 Q Old Alton Road This is also manufactured home community that is considered to be competing with the subject development. The surrounding use includes light Industrial manufacturing bulldings directly south, residential development west and new home development (David Weekly and Soveren Homes) to the east. New homes range In value from $130,000 to $173,000. Additional new home construction is located approximately 114 mile east on FM 2181, with several builders developing homes ranging from $100,000 to $250,000. Silver Dome Park • Fast of Farris Road & Silver Dome (near Hodge Elementary) This Is a manufactured home community that Is considered to be an older development and would not compete with the subject. The surrounding use Includes light Industrial use and vacant land to the south, vacant land to the west, with residential development and new home development (Deerwood Estates) to the west. Homes range In value from $120,000 to $173,000. Oak Bend Subdivision Is also located In the area, with existing homes ranging in value from $150,090 to $230,000. Regarding the affect on value of a manufacture housing development on the existing light industrial and commercial development, I can see no downward affect on value. The secondary street extension from Schuyler Road to the subject should enhance the acreage to the cast and south of the subject (fronting the 1H•35 access road) due to Increased access to the site. The circuitous route to and from University via Mesa Drive, Is neither faster nor more efficient to the site than the current route which exits IH•35 at Loop 288 end goes south on the IM-33 access road. Therefore Increased traffic on the existing secondary tributaries Is not likely. . , The potential development of the site for Industrial use should also be reviewed. The major 3 r 22 - 32 X 0 I .wW, r I uetr~5~r2c. 7 ' objection for industrial use, In my opinion, Is the severe topographic conditions that presently { exist. The majority of uses of Industrial sites require a level site for efficient trucking operations. This means tractor trailer operations for loading and distribution to and from the warehouse areas need to be on level sites, otherwise loading operations are virtually Impossible. The cost of site development (leveling the site) is a critical cost factor In the purchase and development of Industrial properties. In viewing the subject's topography from j both the ground and from a topographic map (See Addendum), the steep gradients would likely prohibit Industrial development of a large portion of the site. Regarding the affect on value of a manufacturing housing development on the existing residential development contiguous to the subject Involves a question of "which Is best?": 1). 6eing located proximate to a Camping World, an Outlet Mall, a Peterbullt facility, an Andrews or Turbo Manufacturing facility; or, 2) being located next to a manufactured home development where the hours of activity and use are similar to all residential communities. This hypothetical question Is based on the surrounding land being zoned Light Industrial and having light industrial and commercial use in the Immediate area. From the analysis of new development surrounding existing manufactured housing, I can see no reluctance by developers to build homes of values from $80,000 to $175,000 adjacent to manufactured housing developments. Further, I did not note a decline In the sales price of acreage contiguous to manufactured housing versus acreage contiguous to new or existing home development. View Shed Analvsls As noted from the topographic map and photographs, the subject property Is not visible from 114•33 due to the buffer created by the acreage fronting IH•3S and the development being largely along elevations lower than the IH-35 frontage. There would also be limited visibility from the Loop 2WH•33 overpass for similar reasons. A photograph taken from this overpass Is located in the report. The development would be beyond the tree line at the horizon of the photograph. Se91>lluslo From the analysis, no declines in value was noted from my research on properties that presently exist and are proposed surrounding manufactured housing. The site, If not developed for some form of residential use, would have considerable development costs to • provide a level site for Industrial use. An examination of existing Industrial properties would demonstrate this fact. Of most Importance to the community should be the ability to provide affordable housing to the new employment mecca In the area.- the Alliance Corridor, Simply put, there Is minimal housing available for the hundreds of middle Income workers that will emerge from • this development. The absence of any housing along the IH•35 weal and north corridor • • should be critically reviewed by the city of Denton regarding future growth. f 4 23 7h} 32XIO c y t~QWSr~/1G 7 To my knowledge there is no actual single family community currently planned from the Alliance Development Corridor to Sangar, Texas along M-35 except the proposed development. Respectfully, I Stephen B. Klutz M M I 1 I I r J 1 I II i i f r 5 Ya 7 r x I~ 32X O • ' 1 0 EXCERPTED DRAFT MINUTES MINUTES PLANNING AND ZONING COMMISSION January 7, 1999 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 7, 1998, at 5:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney. Denton, Texas: Present: Elizabeth Gourdie, Jim Powell, Susan Apple, Ellen Schertz, Rudy Moreno, Carol Ann Ganzer and Jim Engelbrecht Absent: None Present from Staff: Mike Bucek, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; Ed Hodney, Director of Parks and Recreation; David Salmon, Engineering Administrator; Donna Bateman, Senior Planning Technician; Wayne Reed, Planner) The meeting was called to order at 5:30 p.m. PUBLIC HEARINGS 10. Hold a public hearing and consider making a recommendation to the City Council concerning a Specific Use Permit for a manufactured home park In a Light Industrial (LI) zoning district, This proposed use will creole 420 manufactured home sites an an 83.77 acre tract located west of 1-35, north of State Highway 380, east of the A T & 9 F Railroad corridor, and south of the Loop 288 Intersection with 1.35. (7-97.0270 Davidson's Landing. i Chairperson Scheriz: Item number 10 - Hold a public hearing and consider making a recommendation to the City Council concerning a Specific Use Permit for a manufactured home park In a Light Industrial (1.1) zoning district. This proposed use will create 420 manufactured home sites on an 83.77 acre tract located west of 1.35, north of state Highway 380, east of the A T & S F Railroad corridor, and south of the Loop 288 intersection with I• 35. This case is Z-97-027, known as Davidson's landing. 1 will open the public hearing and ask Mr. Donaldson for his comments. s ' Mr. Mark Donaldson presented the staff report. Mr, Donaldson: I'm going to start a little by creating a segue between the first public hearing, and the last public hearing of the evening and vary a little bit from my staff report. The notion that we don't require dedicated park land of residential development In the city is r actually a myth. We, in fact, require park land and recreational facilities for what we term as mobile home parks. Mobile home parks are required to provide 8 percent of their land area In ` recreation facilities. This particular one that we'll be looking at tonight meets that requirements, and as a result, has about 7 acres of park land and community recreation / facilities. If we were to apply the proposed park land dedication ordinance, they would have 2 5 ~C~ 32xi s 0 Planning and Zoning Minutes January 7, 1998 Page 2 f been required to provide about 3 acres of park land and recreation facilities, We, in fact, regulate what we call mobile home parks much more stringently that we require, regulate any ` other residential development in the City. We already require street trees in mobile home parks. We don't do that in an ordinary residential subdivision. We regulate the way that they pick up their trash; we regulate the way that they protect against rodent and insect - whatever, We have a special ordinance in our Code of Ordinances that deals specifically with what we call mobile home parks, although there are no mobile homes manufactured anymore. Everything built since 1975 or 76 is actually called a manufactured home now and it is, it is in fact regulated by the Federal government under [IUD standards. So, that's my segue from first to last. You'll see that these, these requirements show up again in our, in the criteria that we have to evaluate the specific use permit that's being requested tonight. The location of the property, which is an approximately 83-acre tract can probably be best described as an acre, or as an area between Camping World and Denton Regional Medical Center west or Highway 1.35, north of Highway 380 and south of the intersection of Loop 288 with the interstate. The area identititd by the star here with downtown Denton being right here. Configuration of the property is this odd shaped, kind of U-shaped property with Camping World being here and the medical facility being here. The particular area, we evaluate zoning cases with respect to the 1988 Denton Development Plan and any criteria that we find within the zoning code. This area is in what's known as a low intensity area in the 1988 Denton Development Plan, and, as such, we, we've applied a, a trip intensity value to it and we find that even though a very small portion of the, of the area on our map has been actually developed, we find that it's already been over-allocated as far as trips. You'll find that on page 1 of the staff report that if we look at existing development and the zoned property, we come up with a figure that the area is already 167 percent allocated as for as vehicle trips are concerned. Because this particular proposal cc-ws in at less than the average that we use to calculate trips for the low Intensity area, as a rt At of the development will actually reduce that allocation of trips from 167 percent down to 137 percent. W., kind of odd that development actually reduces the trip Intensity, but in this case, because it's less than the average, it does, in fact, do that. The evening we're looking at a recommendation on a specific use permit and the purposes of that permit are found in our zoning code and I'll just read it for the record that "a specific use permit provides City Council the opportunity to deny or to conditionally approve those uses that generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however of the nature of the use and possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative it) the location and site plan of the proposed use are required." So, we allow these uses within the light industrial zone district, in this case, but we have, require a specific use permit so that we can take another look at them because they might be of a nuisance orientation or they might be of extra benefit orientation. Then in the staff report, 1 already, I remind you that, in this case, a mobile home permit is actually an additional requirement of the City, They have to meet all of the regulations of Chapter 32 which goes to the extent of the design attributes of the resident structures and spaces, access and traffhe circulation, lighting, telephone lines, recreation areas, water supply, sewage disposal, electric distribution, garbage handling, service :.xi community buildings, Insect control, fuel storage, and fire management. I would ~d-M ~5 ❑ 32XIE] • o I i Planning and Zoning Minutes January 7, 1998 I Page 3 J argue that's actually in excess of what, anything that we've actually required of it, of any other residential subdivision. Provided the definition of manufactured homes, and we could actually, there's a date, June 15, 1976, anything built with certain attributes before that date's called a mobile home. Anything built after that date with the same attributes is called a manufactured home. There is a stigma attached to mobile homes and trailers that ought to disappear. Having worked in a manufactured home factory a few summers during college, 1 can attest that they're actually well built. They're regulated and inspected regularly. This also, this property will also require platting at which time the usual array of rights-of-way, easements, fire hydrants, sidewalks will be required. We've provided public notice to ten nearby property owners arid, upon analysis actually rind that we notified people that had not ought to have been notified and as a result have, have received comments in opposition from people that ultimately aren't within 200 foot radius of the adjoining property and, because they be in the audience tonight and wonder why I'm not including them in opposition, I'll describe them here. We received opposition from the owners of this property, or pieces of that property and received opposition from the owners of this property. You'll notice that this hatched line is the city limits line, so we don't consider the opposition from those people outside the City and that portion of the, this property that's inside the City is outside of the 200 foot radius line. We received one other comment that was in favor of the, of the permit. Chairperson Schertz, Mr, Donaldson, who can you tell us who owns that land or is it, 1 mean what's on that land. Is it vacant? Is it a house? Is it...? Mr. Donaldson: This parcel is vacant and this parcel is vacant. Chairperson Schertz; Thank you. Mr. Donaldson: 1 want to talk a little bit about the required park areas for manufactured home parks. I've highlighted the dedicated public roads in yellow, and unfortunately it tends to bleed into the green, but we have park area, dedicated park area In this spot. In this area, we have community facilities constructed here Including the swimming pool and community building and playground area and then we have dedicated park area along here. The bluish, M purplish colors are detention ponds that will be created to handle storm water drain off. As I mentioned, we had, we were guided by the Denton Development Plan when we evaluate permits such as these, and we have historically assigned whether the proposal Is consistent, somewhat inconsistent, or significantly inconsistent with those policies. The policies are on the left-hand column. I'll go through them one by nne, Denton Development Plan slates that low intensity areas actually represent the primary housing areas in the city. With this proposal being for housing, we find that that's consistent with the plan. These plans, these areas, these low intensity areas are planned to corrempond to an overall intensity of 60 trips per day per ` acre. That would be the equivalent of 10 normal, or 6 normal single family units per acre, • The traffic study that was done for the project actually calculated 1,924 daily trips which calculates to an average of 23 trips per acre compared to an allowed trip generation of about 5,000 trips In a low intensity area. Developments must maintain the character of the area with architectural design and landscaping. This proposal calls for street trees on all spaces, 0 Planning and Zoning Minutes January?, 1999 Page 4 landscape buffer yard at all public streets, a S foot sidewalk separated from the curb along the public streets, landscaped entrances, community recreation areas, deed restrictions, and there is, they require, they will require no, or allow no on-street parking. The next policy relating to low intensity areas is a traffic design to ensure that multi-family and non-residential uses have access to collectors or arterials with no direct access through residential streets. Really don't apply to this area. There will be no, no cut-through traffic through the park. It's located between a collector and railroad corridors, so there would be no use to go through. The next policy is that sufficient green space, recreational facilities and diversity parks are provided and we're actually 8 percent of the land area set aside for, for parks and open spaces - seven acres of park and an additional one and a half acre of community facilities are provided. We asked that input into planning by neighborhood association be, be encouraged. I know that the applicants have Indicated that they've net with many neighboring property owners. There are no neighborhood associations In the area. Again, all of these are consistent with the policies to this point. The next one is that manufactured housing may be compatible in low intensity areas. And we've, we've marked this as somewhat inconsistent because within the plan, there's a, there's a cap, or a suggested cap on mobile home parks of 200 units. And I'll get into the other criteria relating to manufactured homes a, a little later. So, with the exception of that, it's consistent, so we've, we've marked that as somewhat inconsistent. And, lastly, we seek to encourage and promote good urban design to enhance the aesthetic quality, visual amenities along major entranceways. The proposal incorporates the typical front yard setbacks, lot coverage areas, landscaping, sign controls that we assign, find for other residential subdivisions. They've minimized the curb cuts to public streets. They will, in fact, have deed restrictions, or, or lease agreements or, In place. They've done a buffering of, of a, of a park along the public streets. The Denton Development Plan also has a set of specific policies relating to manufacturing housing, I'll go over those - that the overall intensity standard is not violated. Considerably less than the intensity levels, so it's consistent with that. No concentration of more than 200 units. At 420, it's significantly inconsistent, but in all of the other areas, we find that it's, the proposal is consistent. It's accessed by a collector street, there is strict sign, site plan controls, there is sufficient green space and they have met with many adjacent property owners. Chairperson Schertt: Mr. Donaldson. We're just Mr, Donaldson: Yes. Chairperson Schertz: Making you aware we did not have that page in our backup, in our package. Mr, Donaldson: You're right. I created that just recently, Sorry. It's a further depth of the one bullet under the other one, then we'll get in, within the zoning ordinance there are criteria that are laid out that must be met in order for you to issue or recommend Issuing a specific use r permit. There are seven of them. We'll review those. One, that the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or Impair property values within the immediate vicinity, This particular proposal Is / for property that's located to the west of property frontage, fronting on 1.35. There's actually 25,10 32XIO • =tom 0 lwg" i Planning and Zoning Minutes January 7, 1948 Page 5 the eastern boundary of the proposal Is 500 feet from the western edge of the right-of-way. 1 don't believe that the proposed use will injure or the use of enjoyment of the property in the " immediate vicinity because it's primarily a function of access to 1-35 and the property, the proposal won't affect access to the Interstate in any way. The proposed mobile home park Is likely to be less intense than any other allowed use in a light industrial zone district and, in fact in low intensity areas, actually site housing as a preferred land use. The second criteria is that the establishment of the specific use will not impede the normal or orderly development and improvement of surrounding vacant property. Again, it's location with respect to the, extension of Worthington Street and the railroad dictates that the property really won't get in the way of any other property and as it develops, public improvements will come on line that may, in fact, enhance the value of surround property, They'll be required to build the street, extend the water, and wastewater line, that sort of thing. That adequate utility, access roads, drainage and other necessary supporting facilities have been or will be provided. That they will be provided through the platting process and the proposed site plan assures that all of this will take place. The traffic impact study found that it will have little or no impact on traffic at area intersections, and suggests that no improvements will be required to accommodate the area. That the design location arrangement of all driveways and parking spaces provide for safe and convenient movement. I think the proposal does that. Sidewalks are provided along public streets. The interior streets are actually private roads where parking will not be allowed. That will assure that pedestrian use Is relatively safe, And then we get into the nuisance prevention measures. which are typically odor, fumes, dust, noise, and vibeition, and, typically, this is to protect existing residences from rww Industrial development, In this case, we kind of flipped that, and 1 think we can find that the proposed development will not produce excessive odor, fumes, dust, noise or vibrations. Again, number six relates to directional lighting. Typically, residential development does not produce excessive directional lighting. And the last one relates to landscaping and, we find that the mobile homes are 1 actually required to landscape much more than our regular residential subdivision in that they have met the recreation open space requirement. Because the proposed development is found by staff to meet and be consistent with development, the Denton Development Plan and that it appears to meet the criteria of the zoning ordinance to issue a specific use permit; staff recommends a condition, a Commission recommendation for approval, This evening, you can recommend approval and report to City Council your recommendation. The code also allows you to recommend any additional conditions that you may deem warranted. You can also • recommend denial. In the event that you recommend denial, the request won't be forwarded on; the application will not be forwarded on to the Council unless the applicant asks us to do that. That's stated in the code. In your backup I've provided in addition to the maps, a list of light industrial uses - multiple pages. Also, I've provided the traffic impact analysis review and also a letter from a real estate appraiser that addresses some of the marketing type conditions and characteristics of the property Including a view shed analysis which could be important because of its application's proximity to 1.35. The letter finds that the subject • property is not visible from 1.35 due to the buffer created by weage frontage, fronting the JV-1 highway and the fact that the elevations kind of taper array from the highway as you move to the west. The western edge of the proposed area, mobile home park Is significantly lower / than the elevation of the interstate, 1 would argue that from the northbound lanes of the ^r h x I n szda • Planning and Zoning Minutes January 7, 1998 Page 6 interstate, you, you would be able to see the subdivision. From the southbound lanes, you probably will not. Are there any questions of me? I'm waiting all night. a Chairperson Schertz: Commissioner Powell. Mr. Powell: Yes, sir. On two, define for me because I've missed that in all this training I've had, what is a street tree? Mr, Donaldson: A tree that's planted in what we tail the street yard that is colloquially called the front yard. Mr. Powell: OK, So, this is a requirement that we have a tree or so planted in the front yard of every lot. Is that what we're saying here? Mr. Donaldson: For mobile home parks? Mr. Powell: Yes sir, i Mr. Donaldson: Yes. Mr. Powell: Thank you, And the 3-foot sidewalk, does Denton require a S foot wide sidewalk in any other type of residential development? Mr. Donaldson: No. Our minimum requirement is for 4 feet, At stafrs request the people have agreed to put in a S-foot sidewalk. Mr. Powell: Makes me wish I were still in the concrete business. I Chairperson Scheru: And what was your thinking on the S-foot, because it's so... Mr. Donaldson: Five feet is become the new minimum standard based on a lot of the new urbanism type planning approaches and, as a result of analysis of about the way that people actually walk on sidewalks and what's called a shy distance that they shy away from edges E and, that sort of, thing, they rind that minimum of 3 feet is required for two people to walk 0 abreast on a sidewalk comfortably. Chairperson Scheru: So it may be something that we'd we in the future, Mr. Donaldson: It would be. r Chairperson Schettzt Almost guaranteed. • Mr. Donaldson: looking for that. Chairperson Scheru: I was just curious. 'thank you, I'm sorry, Commissioner Moreno. - - 7.5 K ❑ 32x1❑ 1 Planning and Zoning Minutes January 7, 1998 Page 7 Mr. Moreno: Will this site be visible from Loop 288 in the future, Mr. Donaldson: I think from the overpass itself you may be able to see the northeast corner of it. The property then runs downhill from there to the west. You maybe we the backyards of the development on the north end. Mr. Moreno: OK. Thank you. Chairperson Schertz: Commissioner Engelbrecht. Mr. Engeibrecht: Shiuld go a little farther with the question Mr. Powell raised. As understand it these 5-foot sidewalks are only along the public streets. They will not be on the interior private roads. Mr. Donaldson: That's right. The proposal is for no sidewalks on the Interior roads because they are private and they're not allowing on-street parking. Mr. Engelbrecht: My second question has to do with the 200-foot rule. And i would just like to get some clarification from you or from Legal. We extend our subdivision regulations into the ETJ but we do not allow comment or, in essence, we do not allow the 200 feet notification rule to apply in that ETJ. Is that correct? Mr. Donaldson: That's correct. 1 don't have my code with me, but to paraphrase, I think it speaks to the eligible commentaries are those that are on the City tax roll - most recent City tax roll. hit, Engelbrecht: Well, I will tell you at this point In time, given that we have that rule, we may not be able to apply it legally, but I would appreciate it if staff would, In fact, notify us 1 when there are comments from folks within 200 feet that may be outside the City limits, even In the future. And I appreciate the one tonight. Thank you, Chairperson Schertz: Commissioner Oourdie. ~ i Nis. Oourdie; i would like to know on the, you called it U shape, what's the 11 part of the insert part? What's in that little area? All right, the little hand with the dog's nose. Mr. Donaldson: In here there is an existing what was built as a single-family residence. I + think it's being used as a shelter. r t! Ms, t3ourdie: OK. So that's the shelter. Mr, Donaldson: Yes. 25 x 1a 32X I0 • 0 Planning and Zoning Minutes January 7, 1998 Page 8 Ms. Gourdie: The women's shelter that they discussed... Mr. Donaldson: I believe so. ' Ms. Gourdie: In the backup. Mr, Donaldson: I believe so. Ms. Gourdie: is that what you see from the road as you drive by it - it's a round building, I think what I recall seeing, Mr. Donaldson; From the northbound lanes you can see that; yes. Ms. Gourdie: OK. So that's what I'm looking at when 1 drive by, I looked and I saw that area right through there. Thank you. Chairperson Schertz: At this time I'd like to ask the petitioner to address to podium. Mr. Jeff Carroll: Good evening. bly name is Jeff Carroll, I'm with Chardin Properties and I'm from Austin, 'texas. Chairperson Schertz: And your address'? Mr, Carroll: I live at 203 Park Vista in Georgetown, Texas actually, Chairperson Scherzo: Thank you. Sir. Carroll: Thank you for the opportunity to speak with you tonight regarding Davidson's Landing our proposed manufactured home community in northwest Denton. Let me begin by telling you a little bit about myself. I have ten years experience in manufactured housing industry. I've developed, constructed and operated manufactured home communities all across the United States. I'm currently working on five projects, which consist of over 1,700 units. Sly partner, Dave Alley with Alley and Associates, who you will hear from a bit later on, is it licensed professional engineer. lie has thirty years experience in manufactured housing; he has designed over 300 communities over the United States, Together Dave and I have as much experience as anyone in the U.S. in this industry. Manufactured housing is the fastest growing sector of the U.S, housing industry. Currently one-third of all the new homes sold in the United States is manufactured homes. In fact, many industry experts believe that within ten years one-half of all new homes sold in the United States will be manufactured homes. The demographics are interesting. Typically, 66 percent of all new homebuyers in a ' manufactured housing are either newlyweds or they're, retirees that are scaling down. In i addition 68 percent of all manufactured home purchasers are white-collar, retirees or professionals. Well, just over two-thirds. Affordability is the train factor for manufactured / home buyer. A manufactured home buyer can purchase a 1,400 square foot home brand new, 2.5 32XIO W. IQ, ~5 MOM 0 t~ Planning and Zoning Minutes January 7, 1998 Page 9 three bedroom, 2 bath home make a $700 a month housing payment, that's everything PIPI, and put $2,000 down to purchase their home. In addition, after five or ten years these owners usually accumulate $5,000 to $7,000 in equity which they can take now to buy their first site built home. It's the first step on the housing ladder for most people where site built homes are definitely out of reach. And with entry level housing in the Denton area, as well as many other areas, beginning at $95 - $100,000, it's very difficult for your median or someone with 80 percent median income to begin to move up the housing ladder. The lack of affordable housing is a growing problem in the United States. Manufactured housing is a proven solution to this problem. And many cities are beginning to look very closely at manufactured home communities to deal with the spiraling cost of housing. What to take you through the site as Mr. Donaldson pointed out. We're southwest of Camping World, we're northwest of the hospital. The site consists of 82 acres. It's currently zoned light industrial. Manufactured housing is a permitted use in the LI zoning district with a specific use permit. Our plan called for 420 multi-section lots. What this means is that each and every lot is sized and engineered to accommodate a 28 by 80 multi-sectioned homes. There are no larger homes that are manufactured today in the United States. That's our 'arget market. We do not propose to build 420 lots today. This is a five to ten year build out with maybe 50 to 100 lots per year being developed. As Mr. Donaldson pointed out, this project meets or exceeds all City requirements, We've met with City staff six or seven times over the past eight months, and, we've, met or exceeded every, all the requirements that they've had, Let me walk you through one of my communities. This is the club house area. 5,000 square foot clubhouse. It's an amenity that's available to every resident. Pool area with volleyball pool - volleyball in the pool, sports courts, child lots and volleyball and pl:nty greenbelt including walking trails, picnic areas. The manufactured home communities are operated most successfully with very stringent rules and regulations. I've included in the zoning materials that you all received from us earlier a set of rules and regulations. Let me give you a quick little summary. All homes need to be new or like new. All homes need to be owner occupied, No rental homes allowed. It's not good for neighbors and for running one of these communities. All homes have composition shingle roofs, wood or vinyl siding, Let me show you what some of the homes look like, Here's a beautiful home with a site built garage, here's a home with no -4S garage but vinyl siding. Here's a home with a very well landscaped yard. here's another home with a site built deck. And this Is yet another home with a site built sunroom and porch. We, as a rule when we go, and when we do our development, we do a lot of impact analyses • and sonic of the impact analyses that we've done has been with neighbors. We've met extensively with the neighbors, and you're going to hear from them tonight. In addition, we've done some value analysis - likely impact on neighboring properties. You're going to hear from M and At, an MAI appraiser tonight whose actually seen one of my communities and he will tell you that the neighboring oroperty values are totally unaffected by the community. I've also included in your zon°.,~ materials a value study done by the University of Michigan, an Independent study that ec:e es the findings of my MAI appraiser. We've done • sonic analysis on the windows to the . Nemunity. As Mr. Donaldson pointed out, the site is Ili down hill; It's 545 feet from the 1.35. Now, I'd like to point out also that separated not by one, but by two light industrial parcels. When those are developed out, coming from the north or from the south, It will be very difficult to see the site. However, just to give you an II MAI ,A 7.r~~10 32XIOA o ,ter, Planning and Zoning Minutes January 7, 1998 Page 10 1 indication of what we intend to build, even if it were right on the freeway, that's what ve intend to build. That community is a community that I've worked on in Austin, Texas and the homes are nice complement of landscaping, beautiful fencing, walls, etc. We've also conducted traffic impact analyses. You'll hear from our traffic engineer tonight who will tell you that actual traffic intensity is lowered as Mr. Donaldson pointed out. We've met with the school, the local schools. They've expressed no negative continents. In fact, they pointed out that Evers Elementary School, which services this particular site, has today available capacity to be able to handle this site. We've done some economic impact analyses. We believe there'll be about $30 million in retail sales generated by the 420 households on this site. There will be about $435,000 In incremental tax revenues for the City of Denton. We met with the Chamber of Commerce. The Chamber of Commerce did not express any negative objections to this site. In fact, they pointed out that the additional rooftops should be a real plus to the community. Local business [cadets were very positive on this. Building material suppliers, manufactured home dealers, and lenders, they all believe that will be good for the economy. In sutntnary, we've concluded that extensive demand exists for manufactured housing in Denton as it does in many other cities where affordable housing is a problem. The proposed development, we believe, has no negative impact on the neighborhood or the community, and we believe that Davidson's Landing will be it terrific asset to the community. Thank you very much. I'll entertain any questions. Chairperson Schertz: Thank you. Commissioner Powell. Mr. Powell; Thank you sir. A couple of questions. Do you plan to sell the manufacturers houses yourself, or will you open that up to other people to sell that, or what do you plan to do? Mr. Carroll: Thank you. That's a very good question. We are not in the business of selling homes, Our business is to operate the properly, community, and rental community where the ground is leased to the residents. We will work with all the local dealers. We'll sat the strict architectural controls, the criteria; we'll educate them on it and no home will be brought into the community unless It meets those standards. So the answer Is yes, it will be very good for the local dealers, Mr. Powell: Second question. You confused rite a little bit. I think you said that there would be no rental homes in here. How do you plan to handle that? I mean, if somebody puts a home in there and then moves away and rents it to somebody else, where are you? What am I missing here? Mr. Carroll: When, when somebody, when somebody ]eases in this commu City, they lease i , the lot. and when they lease, they sign up with the rules and regulations and with the lease agreement, we register their tag numbers on their cars, and their dog and everything else. So, every day, at the beginning of the day, the on-site manager drives through the community and looks for violations to the rules and regulations. We see cars there for an extended period of y time that don't belong there, we find out what the story is. If the home's it rental home, that R ❑ 32 x ❑ Planning and Zoning Minutes January 7, 1998 Page 11 person's lease is summarily terminated and they're evicted. And. if the home fails to meet the standards of quality that we've set, we may even have the home moved out of the property. Mr. Powell: That would, that would seem like it would work if you could do it. 1 just can't image that, but at any rate, thank you for the explanation. Chairperson Schertz: Commissioner Gourdie. Ms. Gourdie; Hello. Thank you for waiting this whole night to make your presentation, I'm Impressed. I'm not familiar with manufactured homes and, as you showed me the pictures, some were straight on the gn•and, on the slab and others were raised. Can you explain that to me so I can understand when I read through these comparisons of other manufactured home communities? 1 just want to be able to understand what we're dealing with. Mr. Carroll: Might. The minimum requirement is for the home to be set up 18 Inches off of the ground. That's a requirements that's handed down by the federal government. However, we encourage residents, if they wish, to set their home up at the ground level in which case they excavate a foundation underneath and give an 18-inch crawl space, It, the home looks nicer with a lower profile, but the minimum requirements is for it to be 18 inches off the ground and we would require consistent skirting material so that there aren't any eye sores through the community. Ms. Gourdie: Also, are these, I have the old stigma of a mobile home which means you take your home with you when you leave. This is more of, like subdivision where the home's there, and you sell the house and then the people who buy the new manufactured home will then lease the property from you. Is that how it works? Mr. Carroll: Yes. The, well, actually, the dealers who, you look on I.35E on the south side of town, they would sell the homes. The homes would be moved Into the property, Ninety- five percent of all manufactured homes, once they're set up, they never move. However, on the properties I've managed in the past, we run with a little higher turn over because we're constantly looking for the homes that don't meet our quality criteria and if they don't fix the windows and keep the roofs up to date, they're out and we get it new home in. So, typically what somebody does is sell their home in place, and they'll go on and move to a single family home and they'll sell it to somebody else in place. Ms. Gourdie: What's the average cost of a manufactured home? Mr, Carroll: The home itself, a 1,400 square foot home will sell for about 545,000. You can finance it for 25 years, purchase the home with $2,000 down, have a $450 house payment In addition to $250 of lot rent, they end up having a 1,400 square foot home, brand new, like those that you saw, for $700 per month. It's a pretty good deal. Ms. Gourdie: Why do you all go a little bit beyond City's requirements, which I found very i 25 x'O 32XIO u - I Planning and Zoning Minutes January 7, 1998 Page 12 I admirable when I read through the statistics and everything, that y'all added extra footage and setbacks and so forth. Is there some reason why you prefer to do it that way? Mr. Carroll: We want to have the highest quality community in the entire metroplex. Ms. Gourdie: Thank you. Chairp,rson 5chertz: Commissioner Apple. Ms. Apple. Just one quick question. Will you have any type of homeowner's association or will the on-site management be responsible for the upkeep and the maintenance of the eight and one-half acres of park and recreational facilities? Mr. Carroll: Right. All the streets are private. All the amenities are privately owned. All the improvements internally are privately-owned and managed by us, the Operator. The hones themselves would be, naturally, maintained by the homeowner. We do encourage the residents to form homeowners associations to have a voice in the management of the property. If, for instance, they would rather not replace the swing sets that are broken with new swing sets, if, instead they would rather have picnic tables, we encourage them to get together and give us that sort of input. Ms. Apple: But, your on-site continuous, infinite management would be responsible for the park upkeep. Mr, Carroll: Yes. i Ms. Apple: OK. Thank you, Chairperson &hertz: Commissioner Moreno. Mr. Moreno: Sir, did you say that Evers Elementary could handle the student population In this community today? Mr. Carroll Yes, in fact, a very Interesting statistic, contrary to popular belief, since your typical homeowner, 66 percent of them are either newlyweds or empty nesters there are very few children that are in communities where all new housing is going in. And, as a result of that, our sense is that students out there, we're going to have significantly fewer than we would if we had single-family or apartments. And, we went through the statistics with the DISb and they agreed that had available capacity today, There is nothing else growing up in that corridor of the city, and they felt that this would be really good to give them some controlled growth to other areas. Mr, Moreno: Forgive me, but after having served on some redistricting committees and IVNI'A things of that nature,l just rind that hard to believe, that they've got the capacity today. IO 25x 10 32 x " 0 es'WIM I Planning and Zoning Minutes January 7, 1998 Page 13 Chairperson Schertz: The only thing, I'm sorry, 1 was going to input is what 1 hear him " saying and 1 hear you saying is that this community, basically, does not produce a lot of children to go to the school. 1 mean In that, and I think that's one of the reasons that Evers Is comfortable in saying they can handle It. I don't think they are saying they have an abundance of room or anything to that nature, but in my conversations, I have heard that this particular community just, basically, does not produce a lot of children that are going to attend that school. Mr. Carroll: A single-family residential with 400 units would have somewhere on the order of 600 children, a national average is about 1.5 children per household. The rational average number of children in manufactured home communities per household Is about 0,25 per household. It's 1l6 of what you have and it's because of the young families that begin the scaling down effect that.,. Mr. Moreno: The, that's, that's a surprise to me. Thank you. Chairperson Schertz: Commissioner Engeibrechi, Mr. Engelbrecht; Thank you. i read it In here somewhere and 1 can't-lot size minimum is 5,000. Mr. Carroll: That's the minimum lot size for the city. Mr. Engelbrecht, For the city and you are a little larger than that as I recall. You said a couple of things I wasn't sure about. One, wonder if the size-because it indicated We that you would require a doublewide structure on each lot. Mr, Carroll.- Actually, all lots are going to be designed for multiple-section homes. And we will allow a single-section home that meets our architectural criteria. r Mr. Engeibrecht: OK. That was the other part. Because 1 heard a couple of square footage ` figures that didn't suggest multiple-section homes. Mr. Carroll: Well, single-section homes, a 16 x 80 home, which is a very, very common home to be purchased today is 1,000 square feet to 1,200 square feet. Mr. Engelbrecht: [tight. OK. Well, that differed from the multi-section. I mean, I heard you saying 1,200, 1,400, but then I heard 28 x 80 and that didn't add up. OK, • • • Mr. Carroll; 2,1(>d when you add that,You're tight. Y Mr. Engetbrecht: OK. Now, that I understand that. 1 have anaher question. One of the ~ things that, at least in many of our manufactured housing developtnents In the Denton area, not x 10 32XI❑ 0 :aa~ms . 0 Planning and Zoning Minutes January 7, 1998 Page 14 necessarily in Denton, but In the Denton area, the lack of garage, carport facilities. Now, I've seen that some of your photographs showed nothing. Some of them-In one case, there was a site-built garage. What are your requirements with regard to the issue of garages and carports? Mr. Carroll: We aren't going to require garages, carports. However, we are going to encourage them and where we do encourage them-we want garages and carports be kept In an area where there is consistency from unit to unit. Typically, when you have homes with garages next to one another, it's better for the value of the homes when you have garages scattered through the community. Mr. Engelbrecht: Well, 1 assume that is going to be established by where you put the driveways. 1 mean, isn't that going to pretty much establish where you can put the garage or the carport? Mr. Carroll: Right. Mr. Engelbrecht: By the way, you pour the drive? Mr. Carroll: Right. And, we could do this a couple of different ways. Some of the times the driveways are poured on the lot line. The home is right in afterwards, and then the garage is set up accordingly. Some of the times, the driveway is not even poured until the home makes it to the site. I've done it both ways before and I'm not really sure exactly how we will do It here. But we'll address that when we.... Mr. Engelbrecht: OK. So you can-you do at least sometimes. It appears to me that mostly what I've seen in this town Is, do you subdivide, pour a slab for the parking, and then-So it's decided but you're suggesting that it Is possible or that you may, in fact, design the driveway to go with home once it's placed on the lot, But, you-that's not a guarantee. Mr. Carrroll: Right. It depends on what we think the mix of homes that are going to be out * F there and how many garages we believe we are going to have. At this point, we believe we will have some garages. Mr. Fngelbrecht: I would suggest that if you are familiar with 300 sites In the United States that you could probably tell me almost to the exact number how many garages and how many carports will be built when that facility is built out? Couldn't you? Mr. Carroll: Oh, yes. We are going to probably have no more than 20% garages on this • property. It will probably have somewhere in the order of 409E carports. The limiting factor is economics. Mr. Engelbrecht: I understand. OK. The other-how do yrur standards for your streets in terms of construction, specifications, compared to the city's specifications for residential 25 x 10 32xi❑ • I i Planning and Zoning Minutes January 7, 1998 Page 13 J streets. Mr. Carroll: All right. Mr. Engelbrecht: I don't mean to put you on the spot if you don't happen to know what our city specifications are-why... Mr. Carroll: I know that we have to meet the city standards for our streets. The only difference is they're privately maintained and we would not allow any on-street parking. Mr. Engelbrecht; That's all I have or the moment. Thank you very much. 1 appreciate it. Chairperson Schertz: There are no further questions at this time, but I would like to ask you-I'm assuming there's other members of your staff that would like to speak at this time. Mr. Carroll Actually, what I would really like Chairperson Schertz: All right. Mr, Carroll: There are some folks here, some neighbors who have been patiently waiting for a long time. Chairperson Scheriz: OK. Mr. Carroll: If they could speak and would you have all the professionals talk later. That would be great. 1 would really appreciate it. Chairperson Schertz: All right, we will entertain that Idea and I will take care of it. Mr. Carroll: Thank you very much, Chairperson Schertz: Thank you. At this time, I will ask for people that in favor of this line item to speak. Please give your name and address. Mr. Oneal Parker: My tame is Oneal Parker, 2413 Red Cedar in Flower Mound. Chairperson Schertz: Could you turn the microphone. Mr. Parker: And, hopefully in the very near future will be at the Intersection of Schuller and Worthington. Our property, we're going to build on is a common boundary on the south side r , of this tract. • • Chairperson Schertz: Could you show us on this map? Mr. Parker: Well, - , KICK 32XIO ~ +.rroo I - p aserwae Planning and Zoning Minutes January 7, 1998 Page 16 Chairperson Schertz: Just the general direction, 1 didn't mean to... Mr. Parker: Right. Here's Schuller and then Worthington's here. We're at this corner right here. 1 don't know if you, I'm not showing you... Mr. Donaldson; Yeah, Dave, could you push that up for him? Mr, Parker: We're on this corner right here, and between 1.35 of and us t'.te Nelson Center. Chairperson Schertz: All right. Thank you. Mr, Parker: We're across Schuller from the hospital. Chairperson Schertz: I appreciate that. Mr. Parker: We have talked with Jeff on numerous occasions and feel like he will be a good neighbor for us and we hope to be a good neighbor for him and we don't we any problems as far as we're concerned with what they do and with what we do and have faith that they'll improve, develop the area and build streets, utilities and that sort of thing and we'd be in favor of what they're going to do. Thank you very much, Chairperson Schertz: Thank you, sir. 1 have a card that Beverly Chambers would like to speak in support, Hi. Please give us your name again and address. Ms. Reverly Chambers: Beverly Chambers, 2099 Marshall Road. My husband and 1 own the five-acre lot at the north edge of the property. We'll be surrounded on three sides by this development. At the present time I pay City taxes, but I have no paved roads, no City water, no sewers Arid the nearest fire hydrant is a half a mile away across the railroad track. In meeting with Mr. Carroll and the developers, they have addressed those issues to my satisfaction. Any concerns that 1 had, they've addressed. I feel like this will increase my property value and certainty provide me a little bit better services than I do had so far. And 1 encourage you to support this. Thank you. Chairperson Schettz: Thank you so much. Thank you for your time. Any one to speak in favor? Thank you. Please give us your name and address. Ms. Beth Cathey: My name is Beth Cathey. 1 live at 614 Church Street In Grapevine. I'm the director of Elizabethan Nome, which is in this portion of this map right here. It Is a maternity home ark] so, Initially we were concerned about privacy issues for our residence, a 1 group home for young, unwed mothers. We addressed those concerns with Mr. Carroll and he has met our concerti and discussed with us those things that were of Interest to us and they have made accommodations to our satisfaction. So, I would encourage that you would approve this development, I think it's going to be beneficial to us. He has agreed to provide x C7 32 x Q • Q Planning and Zoning Minutes January 7, 1998 Page 17 i privacy fencing around our property, as well as a walkway and landscaping for our residence. So, we're very pleased with what Mr. Carroll has done to work with us on this issue. Thank you. Chairperson Schertz: Thank you for your time. Any one to speak in favor. Any one else to j speak In favor? Seeing no others in favor, we'll complete the petitioner's time. Mr. David Alley: Thank you. Good evening. I'm Dave Alley and I reside in Clearwater, i Florida at 500 South Belcher„ that's actually my zip code, 34682. My company has been involved for the last thirty years, nationally in developing, planning, engineering manufactured housing communities. And 1 want to tell you that 1 deal with a lot of communities and a lot of staff and l found your staff to be as, probably more detailed and professional than I've run into in many, many areas su you are to be complimented in that regard. The project, as you can see here, you asked a question earlier about the roads. All the roads will be private but they will be 34 feet from back of curb to asphalt and concrete curb and gutter will all be designed to the exact some specifications as city streets. The other thing is the off-street parking is extremely important from a conceptual standpoint as far as I'm concerned, because we're very concerned about the streetscape and the trees and having no streets on the, no cars on the street provide a streetscape that you just, it's just very important to the way the community looks and for the people that live within the community. Another thing is we have a lot of recreational open space. If we weren't required to provide 8 percent, 1 guarantee you we would still have 8 percent. One of the things we try and do is develop a sense of community. That's kind of an intangible thing. We can talk about sewer and water and drainage and streets, but how do you develop a sense of community. Well, we feel you do that through walking traili and, In this particular case, specifically through park and recreational facilities, And in a minute I want to show you a more detailed, what's included in the central, in the park areas that we are providing. Let's see if 1 can figure out your contraption here. I'm an engineer. By the way this is a very high tech, upscale visual aid you have here. The, I'm going to go up through each of the park areas because I think it's important to describe to you the detail that we're presenting at this stage in our planning efforts. And in this particular area we'll be providing fire rings, water fountains, 1 trash bins, we'll have wash rooms and then we'll have a tot lot with swings and slides. This particular area we're going to have a quarter mile fitness trail and also what you see here is one of the detention basins which we'll talk about a little bit later. In the particular park area will i have, in park area number one, we'll have picnic tables, fire rings, water fountains, trash bins, i wash rooms, 2layground equipment. Up in this particular area right here we will have a fenced In children's playground with adequate equipment such as swings, slides, seesaws, etc. And then, up in th1 i area, we'll have a volleyball court with additional picnic areas, etc, You keep seeing the fire rings. From a community standpoint and trying to promote community, there's no facility better than a fire ring that does that, as I'm sure you're all familiar with a fire ring r and how that works, but that gets people together better than most anything. Then in the central facility area, 1 will have the clubhouse, semi-public phones, pool with security fencing, a kid's playground, sports courts and that will also be, have privacy fencing around that. The road that you were shown that has a 60 foot right-of-way that runs to the east of the property, we will have privacy fencing around all the property except in that area. That area will have a more 32x!O s 0 Planning and Zoning Minutes January?. 1998 Page 18 densely landscaped buffer, and as you can see here, we'll have a boulevard with S-foot sidewalks. Then will have array of landscaping including red oak, evergreen trees, large bush + ,and green juniper, It will also include berming and mounding, and then a privacy fence between that landscaping and the community. This shows you a site analysis relative to topography. It shows you the existing drainage regime, and, as you can see by the contours, it does fall off away from the freeway. I think you can probably see the outline of the boundary of the project, which will help orientate you. There is some off-she drainage that we have to address. Along this area there's a small part that's the industrial property, that will drain directly to the new street that will be developed and also, up in this area coming down, we have some drainage that'll also be Interceptedby the new city street that will be developed. And we'li look at that in a little bit. We'll look at the storm sewer system. This is a slope analysis. What it does, it shows the different slopes by color and what this really demonstrales, for your reference by the way, this is north and this would be the east boundary of the property. What this demonstrates Is that this particular site will be easy to work from a grading standpoint without doing a lot if earth moving or without changing the contours of the land. It will also be an easy site to work with relative to the soil erosion control so we don't end up with problems downstream with erosion during the construction phase. This Is the storm sewer system. The lines that are hatched at the storm sewers that will be dedicated back to the city and the reason for that is that, that's the storm sewers that are in the city right-of-way of the new street that will be dedicated plus the storm sewer that comes through to the detention pond will also be dedicated back and owned by the city. Some of that off-site drainage that we were talking about will be coming to those areas and will be intersected by the city owned sewer system and brought to the detention basin. The detention basin will, or course, be designed according to your ordinance. You have a very good storm water management ordinance and the post development run-off will not be any greater than the pre-development tun-off. So, drainage relative to down stream residents. And there will be no backwater relative to up stream residents. Mr, Engelbrecht: Mr. Alley, I wonder if I might stop you a moment and ask you if since you're in on the storm water issue. 1 was looking at your plan and could you put that back up for storm water? It's right here. Sorry. • That's all right. Mr, Alley: I can maybe zero In on that too. Mr. Engelbrecht: The northern most portion of the public dedication there's a little there, the piece of It's the most northern that you are going to dedicate to the public. • • • Mr. Alley: Right. Mr. Fngelbrecht: Right there, yes on my plan it has the private storm sewer system as I see it as a darkened line that's not hatched. And what I didn't understand just to the right of that.,. x10 32XIO • V Planning and Zoning Minutes January 7, 1998 Page 19 Mr. Alley: Your plan Is different stun mine? Mr, Engelbrecht: Well, it has the public to it, ind I couldn't figure out what that little section was right there, and it didn't go anywhere. Mr. Alley: Do you know what that Is? Mr. Engelbrechu No, I don't that's why I'm asking. Mr. Alley: 1 don't have a clue. That's why I'm confused. Mr, Engelbrecht; All right, well I noticed that it's not on yours now that 1 see that, I've been waiting to ask you where that one piece of storm sewer went to. Mr. Alley: Just like your staff, you don't miss anything, do you? Mr. Engeibrecht: Well no I thank you. I appreciate that now, I didn't know if it didn't sink in or what. Mr, Alley: This is the, okay now the sewerage collecting system will be all built, owned and maintained by the developer. It will not be turned back over to the city. However, the water distribution system will be built by developer at the cities specifications and upon city Inspection and approval will be totally turned back to the city. And that will be within the streets. Of course ill fire hydrants will be within 300 feet of any structure not more than 600 feet apart. I've been involved with a lot of projects have been across the country that I'm very proud of and I would be very proud of this development. I think it would be an asset to the community. Any other questions that you may have, I'd be very pleased to . nswer, Chairperson Schertz: We do have some. Commissioner Oourdle, please, Mr. Alley: Ok, " Afs. Oourdie: I didn't hear what you said, we, the last two maps you just said the final one 0 was the water lines which you said will not be returned to the city, And the first one you said was? Mr, Alley: The sewer, 1 Ms, Oourdie: Oh, the sewer. i.J Mr. Alley; The sewer collection system will be totally owned and maintained by the developer. The water system needs to be dedicated after approved by the city, steeds to be dedicated back to the city because the city will rat allow private water males to feed their fire r hydrants Normally, that stays private as well, 25 x ❑ 32X❑ 0 I Planning and Zoning Minutes i January 7, 1498 Page 20 Ms. Gourdie: What, I'm just very curious why, what's the reasoning behind maintaining your own sewer and water system if you are able to maintain the water system? The reason. Mr, Alley: That's, the city ordinance requires that. i Ms, Gourdie Right, I'm just curious as to your properties reasoning why you maintain the sewer system also? Mr. Ailey: Ob, basically, I'll show you why, We would prefer for an economic reason to have the sewer mains at the back of the homes as opposed to in the street, There are several reasons for that; the main reason is econt•mics. Because with the sewers behind the homes we have very short services. With tie sewers in the street we have very long services. And that's one of the things as engincer/planner I want to save as much money as I can in the type of things you can't see so we can put it back up into the landscaping of the property, landscaping is the key I feel, so we have to save that money for doing that. Ms. Gourdie: Thank you. Mr, Alley: Any other questions? Chairperson ScherMt: Commissioner Engeibrecht, Mr. Engelbrecht: Thank you, Yes, a couple of items 1 would like to go back when Mr. Carroll mentioned pad sites and the Issue of raising of 18 Inches or sitting on the ground and excavating IS inches and I was just curious to know what your requirements are. When you prepare a site, I know sonic of them are obviously going to be prepared In advance before something is brought in. Do you concrete or what do you do? Do you basically just bring the utilities up out of the ground and? Mr. Alley: Years ago that used to be the case. What we do now is I do not pour the concrete until the home is brought there. The homes have a lot of variations, your patio door may be on one side of she home or on the front through the back. It's better to be able to customize * the surroundings of that home to that specific horns. So we very seldom anymore pour the concrete or run the sewer service until we know which home is going on which lot, Mr. Engelbrecht: OK. j Mr. Alley: It gives more flexibility, Mr, Engelbrecht: 1 guess In regards to the underneath of the structure, underneath it Is that • left natural, Is that gravel, concrete or what? Mr. Alley: There's a variety of ways. I haven't discussed at this point how this particular project is going to be done, There are some places we would go to a pier system, which I prefer because particularly In a frost area, a pier system will go down below the frost and It's 0 32x113 , s • • o - Planning and Zoning Minutes January 7, 1998 Page 21 I a very goad system. Particularly in an expansive type soils. In some areas we'd have a gravel foundation. You can actually put a pre-cast foundation on a natural ground and block up from there. Sometimes we will run runners underneath the homes, sometimes we will pour full concrete slab underneath the home. Mr. Engelbrecht: Ok. Mr. Alley: I can't give you a direct answet • Mr. Engelbrecht: No that's good, 1 didn't know. Mr. Alley: But there are many different ways to do that. The thing I do, like see, is not put the whole 36 inches off the ground. Some developers would put that whole 36 Inches off the ground. There Is no reason it should not be 26 Inches off the ground and if the soils and everything else is right, it can be 18 inches off the ground, which Is more attractive and actually is two steps up Into the home. And honestly, we haven't discussed that to make the final decision on those particular engineering things but we shall obviously do that when we come back with the preliminary plat. Mr. Engelbrecht: Well, pan of this was my background in terms of trying to understand what you do. Because we don't do that many of there I noticed somewhere in the backup I think it says something about all electric . You don't run any natural gas into these? Mr. Alley: If we had natural gas available here 1 think we would probably want to tap into it. i But in this part of the world we don't treed natural gas. There is a line somewhere I'm not I sure where that Is, north of you that you need natural gas for the economics of heating. But all electric homes in this area are very prevalent. Of course everything would be under 1 ground even including cable TV. Mr. Engelbrecht: OK, I just wondered why that, whether that was a decision on your part or exactly what the deal was on the natural gas. Mr. Ailey: No. Mr. Engelbrecht; I think that was all 1 had. Thank you. Chairperson Sch": Thank you, Commissioner Apple. Ms. Apple: Actually. that was my question, I noticed that on this hand out that you had no natural gas. And I wanted to know if it was going to be all electric homes or if you're going • to allow propane? 1 Mr. Alley: The plat Is all electric. If we found out there was natural gas available, and the natural gas company wps willing to get involved with us, I as piannerlengineer would prefer, I } 75 r 10 32XI[i • • tp Planning and Zoning Minutes January 7, 1998 Page 22 would recommend to Jeff that we should have natural gas available. But it certainly Isn't necessary. Ms. Apple: But as an alternative will you be allowing propane tanks? Mr. Alley: No, absolutely not. Absolutely not. Ms. Apple: Thanks. Chairperson Schertz: Commissioner Gourdie? Ms. Gourdic: It's me again. 1 had written down, I was wondering what a privacy fence looks like in your development? Mr. Alley: The privacy fence, I apologize for not having a picture of it. I think he had a picture on one of his other pictures but we described it, it's described in the plans as a wood fence with a masonry accent to it. Ms. Gourdie, OK. That's what, Mr. Alley: So it's a solid, it's not a chain link or plastic rolling deal or anything like that. Ms. Gourdie: Good, thank you. Chairperson Scherta: At this time we don't have any further questions. Mr. Alley: No further questions, OK. Thank you very much. Chairperson Schertz; Thank you. Is there anyone else? Mr. Chad Chatshell: I will be very brief. Chairperson Schcrtz; That's all right. Mr. Chatshell: Madam Chair and Members of the Planning Commission, I'm Chad Chatshell, 1216 Balboa. Plano, Texas. 1 am the traffic consultant on this project., and like 1 said, 1 will be very brief and try to answer any questions you might have. The site, I evaluated the traffic generated by this proposed development In both the morning and afternoon peak hours of traffic now and analyzed the five critical Intersections that serve this development. And the results of that analysis adding the usual existing traffic which we counted and adding t'te • development traffic, all of those intersections will operate satisfactorily from a traffic stand point. i might add in just closing that this development generates less traffic than the same acreage of a single-family development would generate. So that Is a positive from the standpoint of traffic generation, And at this time I would be glad to answer any questions you I I ' e *amp Planning and Zoning Minutes January 7, 1998 Page 23 1 might have. Chairperson Schertz: At this time 1 think you have answered everything. Thank you. Mr. Chatshell: Thank you, Mr. Engelbrecht. Could l? Could 1 jump in? Chairperson Schertz: Well, I'm sorry. Mr. Engelbrecht: You made a statement that peaked my interest. You said that this facility would generate less interest than single-family, could you expound on that a little bit? Mr, Chatshell; It would generate less traffic than the single-family development. Figuring if it was single-family development, 1 just did some rough numbers on a 3 houses per acre. Three single-family houses per acre, the single-family housing by our standards generates 9.55 trips per unit, per house, Mr. Engelbrechl: Ok. Mr. Chatshell: Arid using that, they would generate approximately 2,400 trips. Because the mobile home park, the manufactured housing development will generate 4.8 trips per unit, then you multiply that out, this one generates about 1,900 trips. Just because of the nature of the single-family development you have first of all more vehicles, more drivers, more trips that are made and so forth and normally you have typically teenage drivers when bey reach the driving age and things of that nature that you don't necessarily have in a manufactured housing development. Sir. Engelbrecht: So that 4„ whatever number that you, is that an industry standard? i , Mr, Chatshell: That's an industry standard. Yes sir. r' ilk ' Sir. Engelbrecht: Thank you. Mr. Chatshell: Yes sir, thank you. Mr. Steve Klutz: Let me introduce myself as I'm heading out. Madam Chairperson and Commissioners. My name is Steve Klutz, t'm a commercial real estate appraiser, a member of the appraisal institute as we are sometimes called. I reside at 1102 Vista Verde In Denton, Texas. I have some handouts if I. may. Also, if desired I have some photographs that I will discuss very briefly of the properties that 1 took myself, Ard this is of I can start at either end, these front pictures are of it manufactured housing subdivision in tustin, Texas, one that Mr. Carroll's group has developed. Then it has the contigious Meadow Point subdivision, single-family "sticks and brlcW If you want to address it that way a subdivision that Is 9x10 32XIC] 0 Planning and Zoning Minutes January 7, 1948 Page 24 contiguous. Which you'll see some new development in what use and the value of the homes just by perusing it. You have the home grown versus the manufactured pictures there. My statement is very brief, let me tell you how this started quickly. Jeff Carroll called Tom Fouts Realty wanted to have an appraiser, an MAI go out and review on of his protects so he called me and 1 said "No". lie called me again and I said, "No I'm too busy," He called me again and I said, "01{ what would you like for me to do?" He said all I want you to do is go down and see a manufactured housing subdivision that we have in Austin and I'm trying to recreate this in Denton. I am a believer of affordable housing so at that point 1 said okay, "I'll go down and look at this if you let me write my own narrative and not your narrative. The long and the short is when I went to Austin 1 saw what you see. I have seen attractive manufactured housing subdivision. It's nothing that will knock your eyes out. It is very well kept. It is very what I'll just call aesthetically pleasing for a manufactured housing. You have to say this Is not a "stick and brick" home that is on an 8,000 square foot lot. You can run all types of dynamics you see a lot of retied people, you see a lot of single-family people, you see many people that are in these houses. But it was very well controlled of the three subdivisions that I looked at. Obviously, you can go down and look at it yourself. I wanted to Just address the, with that 1 will leave Austin and my experience with this particular developer in another area. Davidson Landing, let me just talk about the property right quick as an appraiser. What I see the subject properties location and we look at this in a Denton prospective a subdivision development prospective, Number one, it's located north of Denton. We have talked about this evening something that Is very important for those or us that live on 2181. We are saturated with development. This Is a very refreshing development to me as an appraiser for the simple fact, that and is also as a person who's spreading dynamics and demographics we have a development going north. We •Iso have a development that in my opinion I'm following really on the outline that I've kind of given you on the subject property. We have a development that Is 420 lots. I'll address that here in just a minute, this is similar to many other subdivisions, In fact it's less than we presently have going on In our city. We are saturated again on the south side of the city. The surrounding development, I think that h e; hom reiterated. The surrounding development we have a shelter for ladies that arc right in the center of the project. We have a single-family residential unit that's up to the north center, We have commercial development south, and we have vacant I roperty and some other housing distant from the subject property. We have railroad tracks that go along the western side. I have sat there and have said lets look at the view shed analysis and Mr. Moreno in answer to your question, you can see, it's difficult for me to assess the view shed without physical product on the ground. From Loop 288, a bridge, you would be able to see the subject property. The question there is would you rather see roof tops of houses with composition roofs or do you want to see industrial. I don't know, that's just a question perhaps an attractive view shed you can not see from the southbound lines to my knowledge, The highest investment is the property. This Is something that you have to look at ~ as real estate as w: look at it in the city. What are we going to do with it? Nothing has been donne with it so far. A couple of problems if you want to use it as light Industrial we have . some issues that have to be addressed. We have a single-family unit both to the north and a single family unit central to subject property. Industrial developments being a little difficult trying m do impact analysis a few of the things like that. I can't see the highest and best use being isviustrial. Commercial, potentially so but it's off set by 300 feet off the hlghway. Retail, r►`c ~ti to 32XILl , e91ffJ1Y 0 %,#MTr Planning and Zoning Minutes January 7, 1998 Page 25 no I don't see that either, so the next thing we come into we've gone through Industrial, Commercial, Retail, high anti single-family housing $150,000 plus. 1 don't think so, just an opinion. So, to me the highest and best use of the subject property this is a reasonable use of the subject property. The location of single-family being again north in Denton Is also very reasonable use of the subject property, It fortunately allows more Infrastructure into the area. Okay, item number two, affects on the surrounding development. Brings Infrastructure to the area, provides addition access, it compliments existing residential uses. I think that's very important, especially for the individuals who are truly involved who are within, who are paying taxes within the area. Economic impact on community, I have a few handouts and I hope, mine doesn't have it now, on your second page you have an Economic Impact, and it was prepared by Tartan Properties. It Is your second page. Mine might be skewed. Is that In there? Well, anyway 1'11 just go ahead with my own conversation. What we have Is, let's look at affordable housing in this particular property. The average housing could Include lot, $45,000 manufactured home, call it a $20,000 lot. You have a $65,000 economic unit return to the city. Per average apartment is approximately, actually it's less than that we would have to have the appraisal district verify this, this is just a guestimate from me, lets give the average apartments about $25,000 a unit. You can briefly look at the return of your city taxes, school taxes as approximately 60% more than a return on an apartment. We have also talked about the Impact on schools. 'this is very important tour, that we are not drowning the school system when we set foot In large apartment complexes or large subdivisions where this particular property Is Incated it makes sense because we don't have to build additional schools at this time. Okay, the impact statement that Mr. Carroll can provide you basically the Impact of the 2 million, $285,000 Is a multiplier effect this is based on the city's sales tax. Jeff, do you have that? We have that coming to you. This Is basically off of their information, The economic impact is basically that, we have with the sales tax.... From the median house income, there we go, median household income of $2500 a unit, 420 units, you have a total Income of $10,800.00. Basically, I can run down the criteria but your total sales tax income is approximately $2,285,000. Your City tax rate of that is about $294,000. That is just a brief economic impact. That's not my forte. I just wanted to add that because it was an analysis that was prepared. Here is the-1 could not find-the last question was kind of proposed to me was this. Do you see any negative Impacts on manufactured housing in the area'? Surprisingly enough, no I do not, I see, as you drive down t1 Lillian Miller, we have choice homes being developed on the right-hand side, which is just past Ryan Road. We have-that's the Lakewood Estates. We have Oakmount Is developing out toward Lakewood Estate+. We have several mobile hone parks in the area that we have some fairly nice development going on, Ryan Road is a very classic example. Singing Oaks and Montecito have mobile home parks in proximity, I could truthfully not see any negative Impact at this point In time. The last thing 1 want to put on and here are the statistics that 1 want to kind of just say, let's look at what we've got and be realists. if you flip your pages, this was something that kind of surprised me. This was taken from the handouts from the City of Denton 1994 or 7 Projections. And I'll just tell you--. I just want you to see-1'm not going to pull something. The city is not under provided. Let's talk about the real world In the city of Denton. Right now, if you'll look at under value if this Is the 1990 census, you'll see ~+r 4 a 1 1 32X10 Planning and Zoning Minutes i January 7, 1998 Page 26 that 74%.-It's in the right-hand column. In fact, 1 can put this up here, it might be more beneficial to everyone. If you can see this. In the 1990 census and housing characteristics, 74% of the city of Denton has owner-occupied units of $100,000 or more. Chairperson Schertz: Come.Issioner Engelbrecht? Mr. EngelbrecM; You have given a number of different chars here with regard to taxes I suppose. On the first one you handed out on the front page you have manufactured housing a dollar unit value I assume of $63,000 versus an apartment of $23,000. Mr. Klutz: Yes. Mr. Engelbrecht: And then you have it personal property tax chart/graph on this last handout, I guess it's the last one you have a value per unit to $45,000. Could you tell us where you came up with those values and explain how manufactured housing Is taxed. Mr, Klutz; You have a mobile home taxed as a personal property item. So combined with your ad valorem lot you're at value of $63,000. So your tax rates are based on $65,000 increnwrit. $43,000 unit with about it $20,000 lot. Mr, EngeIbrecht: OK, so that's where the $43,000, OK. Mr, Klutz: Yes, I'm sorry, the $43,000 is the average price of the unit, the manufactured house unlt, This was just something that I just wanted to say, if you want to create more affordable housing, an option Is apartments. And that is a very good option. 1 won't get into something. Mr. Engelbrecht: I was just trying to figure out where, 1 see where the difference Is now, OK. Mr. Klutz: All right. -IN i Mr. Engelbrecht: 1 don't have any questions. Thank you. • Chairperson Schertz: Any other questions? Seeing none, we appreciate your time. Thank you. Mr. Klutz: 'thank you very much. Chairperson Scherz: Before we continue we are going to take a short five-minute break. We need to stretch our legs. Thank you. Mr, Carroll: We have one or two other folks that will speedily get through, 25 K CJ 32 x O :,ter Planning and Zoning Minutes January 7, 1998 Page 27 Mr. Robert Rayner: Good evening, my name is Robert Rayner, 1108 Dallas Drive, Suite 310. 1 would like to spend a few moments with you concerning the entranceway, which I know Is a very Important topic and so I wanted to tell you what we have done to address that Some that has been discussed already, so 1 will cut those portions out and just state a couple things, as well as show you my prop that I think will probably tell you very concisely what we did and why we did it and how it worked. This is approximately 20 acres right here, which is zoned light Industrial. It is buffering this subdivision from 1.33. The closest point from the subdivision to the service road is approximately 345 feet. To give you another analogy-it Is almost two football fields In distance. The elevation from the service road to the site itself has about a 10 foot high; you might call It a natural berm, which starts the buffering from the subdivision 233. Now, as I mentioned, 1 am talking about the service road. If you are on 1.33 Itself, you've got another 3 to 3 feet to add to that. So, we could be as much as a 13-foot difference from 1.35 to the subdivision itself, In a nutshell, the terrain of this subdivision, or In front of it, acts as almost a natural privacy fence for this property. What we did-the photographs do not give It justke-but I would like to go ahead and show you. This is the property-the subdivision. If we were facing here on where the streets would be looking towards the service road, we would be looking this way. You can't see it very well at all, but there Is a little dot here which is a billboard sign. If 1 could show you with this picture here--this Is a billboard sign; this Is a Suburban-to give you some correlation. Also right here, which Is very faint, but this is a telephone pole, which Is this telephone pole. What we did was-1 took this flag which is 10 feet 8 inches laIl and i placed it right next to that telephone pole and there was still another 2 feet before you could see this flag. I was hoping that this would show what we are talking about, as far as natural banters. And so that your entranceway, particularly coming from the north into Denton, which has been very Important conversation In previous zoning cases, you just don't see this property. Now as you are coming south, as Mrs. (lourdie had Indicated, you saw that house-that is the Elizabethan Home. But, now south of that, in this area here, you have another drop in the terrain. So the property you really see is the Elizabethan Home, you don't see the subject property at all. Thank you for your time. I will be glad to answer any questions. Chairperson Schertz: Commissioner Powell would like to respond. E Mr. Rayner Oh, of course. • I Mr. Powell: 1 wasn't going to say this but since you brought the flag-I mean I've got to do it. Rob? Mr. Rayner; Yes, sir, Mr. Powell: This natural barrier, this berm-will it keep the tornadoes out of the rest of • , ± Denton. Mr. Rayner. The rest of Denton, I can guarantee you, sir, if It comes down 1.35 through / Sanger, I will-you will be the first one that I call. i 2.5 32 x 1 0 1 Planning and Zoning Minutes January 7, 1998 Page 28 Mr. Powell; Thank you, Rob. Mr. Rayner: My pleasure. Thank you for your time. Chairperson Schertz: We have one more question, Mr. Rayner: Oh, I'm sorry. Yes, sir, Sir, Engelbrecht: Next time, could you bring a TWU flag? Mr. Rayner: Only if they have as successful a football program as North Texas has. Chairperson Schertz: It's getting later in the evening. Mr. Richard Hayes: Good evening, Commissioners. I'm Richard Hayes. I reside at 819 West Oak here in Denton. I'm an attorney. I'm board-certified by the Texas Board or Legal Specialization Residential and Commercial Real Estate, I've been asked to review the Denton City Ordinance and the Development Plan for compliance with this project, I'm pleased to advise you that the project is in full compliance with your ordinance. It meets the intent of the Denton Development Plan In all respects. What I've observed about this particular project is that the owners have shown unusual openness, willingness, and cooperativeness with staff and equates to a superior effort for a superior development. There were a couple or concepts in your Denton Development Plan that I thought were particularly pertinent to this project. The first was the Goal 3, found in your plan, which says--it is the goal to provide an opportunity for diversified housing with emphasis on housing for moderate-to-low income levels. Goal 6 provides development of an urban center In the northwest to create a balance with the centers in the southeast and central areas of your city with the goal by the year 2010 to have an equal center In the northwest, We are only about 13 years away from that goal from when this plan was adopted and very little development has taken place in the area. And as you heard from some of the neighbors, with the addition of the utilities in this y project--it is a maje* asset to the northwest corner of your city. In regards to housing costs and City regulation.., your Development Plan says the policy of this plan is to reduce the cost of lousing by encouraging growth In the moderate-to-low housing market. And I think that Is significant. Now, why do you have a special use permit before you tonight? It's because you have no manufactured housing zoning as such. So what your Code and ordinances contemplate Is if you would like a development of that nature, you must apply for a special use permit. This permit is in a low-intensity area. And, as you know, a low-intensity area Is designed primarily for single-family residential which this, of course, Is. In every respect, on the charts that you saw this plan-this program is consistent with your policy, except as to one dealing with number of units as a total project, not number of units per acre. But let me give you this food for thought, because I think, while that Is on advisory section In your Development Plan, as compared to being mandatory. I want to give you four thoughts on %hy I think it complies with your intent, l) The project is low density with only S lots per .z r7w 32XIO] Amoco" 0 JOXONOW Planning and Zoning Minutes January 7, 1998 Page 29 acres. 2) Your green space is at 10% vs. the 8% that your Plan contemplates. In fact, if you want to look at it In terms of percentage, that's a 25% increase over what's required. If you took into consideration the detention ponds which, originally, those were proposed to be private, the City requested they be public, With that additional 3.87 acres, you essentially have 84% more open space in this project than you would normally have. 3) Your traffic intensity Is 62% below the recommended levels. 4) This proposed use is less intense than any other allowed use in your light industrial zoning. So what those four factors do is when you combine those and look at bow can 1 use the land, how can I enhance the low intensity area and this project meets it on all fours. To put it in perspective, a multl-family housing project would be defined as twelve or more units per acre, In fact, it Is allowed and encouraged in tow intensity areas. In this tow Intensity area, you only have five units per acre. This proposed development is totally consistent with the intent of the Denton Development Plan, and we request that you approve the special use permit as applied for. Thank you. Chairperson Schertz: Thank you, Are there any questions of Mr, Hayes? Thank you for your time, sir. Are the petitioners through presenting their pordcn other than rebuttal'? Mr. Carroll: Yes, we are, that's... Chairperson Schertz: All right, Thank you. At this time, I want to ask one more time. Is there anyone else in the audience to speak In favor? Anyone else to speak In favor? At this time, I would ask Is there anyone to speak In opposition? And we would like to start with j Mr, Miller. And thank you for your patience. 11 Mr. Miller: Sly name Is J. A. Miller. 1 live at 208 Wellington Oaks Place, And we have resided in Denton for 22 years, I am here as a percentage owner of the 12 acres that Is in I front between this proposed development and 1.33. 1 was given today a brochure that outlines this. I'd like to pass this down and just let you look at this. 1 just have one, So, let me do this. Chairperson Schertz: Could you tell us one more time what we are looking at? Mr, Miller: We're looking at-, Chairperson Schertz: On this brochure. Mr, Miller; We're looking at the 12 acres In front of this properly, As you have seen on the i graph, the 12 acres that they discussed here tonight. We feel like that the mobile - the r manufactured homes - what we - 1 saw In the pictures tonight and talking about 563,000 homes. I'm really more discouraged now than when 1 came because I've seen some good r` looking manufactured home parks, but they're not $63,000. The one that we did see there tonight looked like a mobile home and so as a prospective seller of commercial property on the highway, I'm a little more concerned now than before. The majority owner sent it letter 5 ❑ 32XIO 9 Planning and Zoning Minutes January 7, 1998 Page 30 in objecting also. I was talking with a real estate developer and a gentleman that manages and owns hotels, up until recently, about building a motel on this site. They were interested in a group of - buying the 12 acres, building a motel and developing the rest of it. In conversation with him one day, 1 asked him what would hurt the sale of the property because he was presenting a package that I had given him to his partners. Jokingly, or I thought it was that way, he said, "well a mobile home park would kill the sale." And, so, as it turns out, 1 gave him the packet. They are still considering it or were considering it. However, he met with an untimely death about 3 months ago. A drunk hit him head-on on 820, as he was going to his new job In Phoenix, Arizona. So, the thing you're to decide is if manufactured homes are the best use for it versus a brick and mortar as was mentioned earlier tonight. I feel like, personally, that prospective buyers are going to look at it - my property and going to say, "no, I believe I will go on down the street." They mentioned the fence, I am not real clear about how the fence was going to border or be a privacy fence for us but I heard that a privacy fence would be Installed if it's approved. So, if there are any questions, I would be happy to try to answer any. Chairperson Schertz; Yes, Commissioner Oourdie, Commissioner Gourdie: Good evening, Mr. Miller, thank you for coming and staying. 1 would like to know if you have seen any of the manufactured home communities that are on the southside of Denton. Are you familiar with those? I'm not sure of the correct name - the one that Is right off Teasley - Lake something or other, Mr. Miller: I've seen those, Commissioner Clourdie: Do you feel that's not an appropriate subdivision visually? Mr, Miller: I feel like that would hurt the sale of our property. Commissioner Gourdie: Even though, are you aware it is an award-winning subdivision for manufactured homes? i Mr. Miller; It's a what? i Commissioner Gourdie: It's an award-winning subdivision for manufactured homes. You stall feet It's subordinate, Mr. Miller: It Is. I didn t know that. r Commissioner Qourdie: I'm just trying to get your feel for what I mean I've seen plenty of mortar homes in subdivisions that were just horrifying to look at, When I see our manufactured - I was impressed as to what we have presently, I was just trying to get a feel of what you visually would like to see behind your property. Are there any other suggestions, other than houses, that you have in mind? +r 25 R. 32XIO Amm- W~ I ----Wbwftfth~~, I IWNWIPEN 0 r Planning and Zoning Minutes January 7, 1998 Page 31 Mr. Miller: Well, we have been getting several calls. Our property Is listed In MILS for sale, We've been getting some calls from interested buyers for using this property and, you know, as far as the use behind I don't know if that would be develolxd as nice homes or ranch estates type thing or what, but I'm just not that familiar with that right now. Commissioner Oourdie: What about the appearance • being next to Camping World with all those RVs and well, mobile manufactured homes that are moved off the lot, Is this not a deterrent to your property so to speak. Mr, Miller: He did not mind the mobile home, the Camping World, he said. But the gentleman that i was talking with, he was the one that managed the Radisson out here for several years. He quit only eight months ago or something like that to form his own company. So, he was well trained In managing and owning hotels. Commissioner Gourdie: Thank you so much for helping the understand and thank you for the photograph, Chairperson Scherw Thank you. 1 think that's all we have at this time. 1 have a request to hear from Robert Harris, please. Mr. Robert Harris: Excuse me. My name is Robert Harris. I live at 5311 1.35 North. I live on the vacant land that's right north of this proposed development, bid y'all receive a letter that I wrote to y'all in opposition? Do y'all have a copy of that? If not, i have one here 1 can share with you, Chairperson Sebertz: I believe we have so much paper, that if you have an opportunity to pass that out, we'd appreciate it. Mr, Barris: Madam Chair, Commissioners, I would like to read this letter 1 passed out and y'all may follow along. My mother, brother, and I own the property next to and immediately north of the proposed development. I grew up on this property and plan for my two young children to do the same. It Is also certain that someday our property will lose its rural character!stics and become urbanized. This Is the second special use permit proposed for the property djacent to us to the south. The first special use permit was approved for a campgrot nd for RVs. It is apparent the campground approval opened the door for the mobile home park proposal. Now this campground is known as RV World which wraps Camping World which I haven't heard that mentioned tonight. There are sixty to seventy camping places behind Camping World, and also adjacent to my property that was approved by special use permit several months ago. The following are some of our concerns If the r special permit mobile home park is granted. The urban development of our property, and we • • have 280 acres which the majority of it we hope will develop urbanely, will require public r sewer, public utilities, water, and storm sewer. The natural drainage of our land Is to the southwest through the proposed mobile home park. Public utilities are not extended to this area, nor is there a public utility easement proposed for the future development of the MP t 7 Y CJ 32xI0 .qr i 4 n , ,wcro. i Planning and Zoning Minutes January 7, 1998 Page 32 property to the north. Drainage - the drainage problems of Ranch Estates does not appear to be addressed, Future urban development of the mobile home park and our property will create more problems for the residents of Ranch Estates. Planning to the area north of the current hospital needs to include it two-way road parallel to the one-way service road that will connect Loop 288 with U.S, 380, or University Drive, The development of the mobile home park restricts the logical alignment of such a road. This will create future traffic problems due to the overload on the southbound service road of 1.33 when our property develops. We have been told that the mobile hoax park will be platted as one large tot. The special use permit must prohibit any further subdividing and selling of individual lots. We presume the developer of the mobile home park, Tartan Properties, is a reputable company and will manage the park according to their proposed restrictions. However, if Tartan should sell the park, there Is no assurance that the proposed management standards will be maintained by the new owners, Tartan's use restrictions need to be filed as deed restrictions and cited on the plat to protect the future residents and neighbors of the mobile home park, Past development and approvals of the Camping World, of RV World, and the campground behind has started a definite land use pattern for this area. If the mobile home park is approved, the land use pattern will be set - heavy commercial along the frontage and mobile home to the Interior. Although we would prefer something different, we would have to live with that and make plans for the future use of our land accordingly. If tine mobile home park is approved, we would like some assurance our property could be similarly zoned In the future, Specifically will the P&Z and the City Council pass a resolution that this mobile home park will not lrnpede future urban development of our property, and that if we decide to develop as it 200+ acre mobile home park, will we receive the same considerations as Tartan Properties. If the special use permit_(END OF TAPE 3) (BEGINNING OF TAPE 4) future owners on notice of the conditions on the special use permit for the mobile home park, It would also set basic good neighborhood guldelines between the mobile home park and ourselves. Chairperson Schertz: Thank you. We would entertain any questions. I have one, Did you have an opportunity to meet with Tartan Properties? f. Mr, Harris: I met with Mr. Carroll this morning. Yes. Ma'am. Chairperson Schertz: All right. What that the first contact he had made with you? Mr, Harris: I had talked to him on the phone a couple of times concerning the property down south. Yes Ma'am, but we hadn't specifically discussed our property until this morning. Chairperson Schertz: All right. Now, I notice that this letter is dated today. Is that when it + • was prepared'? Mr, Harris: Yes Ma'am. / 25 x la 32XI❑ 1 Room 0 r'A 9MV1 k Planning and Zoning Minutes January 7, 1999 Page 33 Chairperson Schertz: All right. That could explain why we didn't have a copy of it. Any other questions. Seeing none, 1 appreciate your time this evening bringing it to our attention, Is there anyone to sneak in opposition? Anyone else to speak in opposition. Seeing no one else to speak in opposition, 1 will ask the petitioner their rebuttal remarks, please. Mr. Carroll: Thank you very much, First thing, 1 would like to address Mr, Miller's remarks that he made mention to the proposed development having potentially negative impact on his value. 1 would like to point out that these streets, public streets, would cause these entire light industrial areas here to have In/out access. Secondly, which should be the access of this road up here, as well as this one here should have a good impact, positive impact on Its value. I believe my MIA appraisers, excuse me, are secondly, as far as the motel site there is-even if you did sell It, two motels, you would still have a light industrial parcel behind him. And there is, I believe, y'all have seen the plethora of different uses for a light industrial parcel without a specific use permit, whether one with a specific use permit. So there could be a number of other uses that they are allowed today that could conceivably have a negative impact on that use. I would like to invite Sir. Miller to come down and see my project. I've got an open Invitation to anyone who is interested in finding out more on being informed about this project. The door's open. I'd love to--pick a day-whenever you want to come down and see the project I am convince that after he does so, he will come back and say this Is going to be good for Denton. The second set of comments relate to Sir. Harris' letter. lie touched on sewer, drainage, and access. In our conversations this morning, I made some commitments to him that I would take whatever measures 1 could reasonably take to assist him in making sure that he had sewer to his site to the north, that he would have adequate drainage and that he would have some sort of access. I've cooperated with all the other property owners in the area in the same regards. In fact, we heard from Mrs. Chambers this evening. I've committed to her. She's not on city or sewer. I'm going to be pulling wait; . ,.d sewer out there. I'll give you water and sewer. It's not a big deal. So. I'm more than fu;ppy to work with them in that regard. It's easy for me to do that. Secondly, she talked about no further subdividing. talked about traffic, and talked about assurances of continual perpetuity standards. As far as no further subdividing goes, not a problem. We've no interest to further subdivide, This is an income-producing property. We intend to continue to make an Income-producing property. The minute you subdivide, you lose control over the property. As long as it's one lot, we can control the standards of quality in the community. As far as the assurance of standards go, there is no assurance that if you were to sell his home to the north that the future occupant of that home would keep his home up very well either. However, I'm willing to consider making various commitmelrs relating to my rules and regulations, to codify them in whatever way, shape, form that reasonably would accommodate them, And she additionally polnied to traffic; I thlnk we adequately addressed traffic. A light industrial use Is fair which could happen today without a specific ` use permit we meet the higher traffic counts; ft's my proposed use. And then. finally, he made a comment relating to, somehow or another, my land use approval is being contingent JV upon his, Future land use approval. You know, I think we're asking for a good mixture, there has been a moratorium on this type of housing. I personally believe that a moratorium could be not necessarily In his best interest should he sell. Thank you very much. Any n2Xf • 0 Planning and Zoning Minutes January 7, 1998 Page 34 questions? Chairperson Shertz, Yes, just one moment please. Commissioner Gourdie. Ms. dourdie: Mr. Carroll, how long has Tartan Properties been in business? Mr. Carroll Tartan Properties has been In business for four years, Ms, Oourdie: Pour years. Mr, Carroll: Right, Ms. Oourdie: Have you had to turn any properties over? Mr. Carroll: Never have, Ms. 0ourdie: Thank you. Mr. Carroll: Any other questions? Chairperson Schertz: I have one. I know we had spoken earlier and you had been In this business for longer than four years, Mr. Carroll: Right. Chairperson Schutz: Just owned this company. What Is the life expectancy of the mobile home park? Is there one? Is it the fact that you have your restrictions? Is the assurance that we would have that it would be maintained and preserved in the future. is that how that is addressed? Mr. Carroll: Yes, there are actually two Issues. There Is a life expectancy of the home and 1 then there is the life expectancy of the nark itself. The park, theoretically, if maintained properly, should have a life expectancy that s Infinite, just like a park or anything else. However, we all know that the owner needs to set aside money for deferred maintenance, etc, etc, What's happened is the life expectancy of the homes has gotten longer. Many of the manufactured homes, all of the manufactured homes in communities that you see today have obsolete homes In them. They don't make those homes any more. They are configured for smaller lots, for smaller homes that are no longer manufactured. Right now the homes are 1 the largest as they are going to get, they are as long as they are going to get. You just can't put a bigger home on the road. And as a result, wholesale obsolescence In one of these • communities is something that is really not going to happen In the future with the speed it has t happened in the past. Life expectancy--you're looking at 20-year-old property that are winning awards, In 20 years, this property, it will be my hope, that it will win awards also, i ,4. ~ j ri t 1 X 0 Emma . . e Planning and Zoning Minutes January 7, 1998 Page 35 Chairperson Schertz: 1 appreciate. One more question. What is the square footage of your lots? " Mr. Carroll: Typical lot Is about 6,600 square feet. Minimum square footage, 1 believe, Is 3,100 and the minimum required square footage is 5,000. Chairperson Schertz: All right. 't'hank you. Commissioner Engelbrecht. Mr, Engelbrecht: 1 know you are bringing utilities, water and sewer specifically out, you had Indicated that, you know, you are going to supply for, at least, one of the owners up there, Did the City talk to you about oversi zing- maybe 1 didn't talk to staff right. I don't know if they are going to oversize when you go In. Mr. Carroll: I don't recall any requirement for oversize. Mr. Engelbrecht: I don't know whether the City talked to you on whether they were going to participate in some sort of oversizing. OK. Mr. Miller had some concern about the landscaping along your frontage street and t forget the name of it. Mr. Carroll, Worthington. Mr. Engelbrecht: OK. Worthington. And 1 know that--someone at--one of the Individuals Indicated earlier that you had a different landscape plan, along there. I know there Is a five- foot sidewalk. Might you just briefly review what the landscaping Is along the frontage of your property? Mr. Carroll: Sure. If it's all right I have Dave Alley address that. He's the one that drew up the plans. Mr. Engelbrecht: OK + Mr, Carroll: But, In summary, In general, we're going to have the five-foot sidewalks that gnes through there with plantings periodically and a the berm. I believe it's a 25-foot right- of-way buffer. Is that correct, Dave? Mr, Alley: Yes. Mf, Engelbrecht: That's what I thought. Ws something to that effect. Since he's here, let's, you know--he had a chance to explain. f Mr, Carroll: That's from back of curb to the fence-the privacy fence with masonry accents. Dave, why don't you.,. Mr. Engeibrechl: Right, that's what you've shown before. OK. That looks like it's ten feet. Ile 3 m x 32XI❑ 0 Mann" Planning and Zoning Minutes January 1, 1946 Page 36 I I Mr. Alley: The planting area's ten feet. ` Mr, Engelbrecht: And then there Is a sidewalk with 3 feet in front of that. Mr. Alley: In front of that Is a 3-foot sidewalk and a 2-foot boulevard strip. Mr. Engelbrecht: OK. Mr. Alley: And then there Is a privacy fence on the inside of It - the community side, Mr. Engelbrecht: Great. OK. That berm that you're showing in there? Mr. Alley: Yes. Mr. Engelbrecht: Can you give me some Indication of how tall that is? Mr. Alley: Three feet. Mr. Engelbrecht: Three feet berm. OK. Then there will be plantings on top of that or that's grass, then I guess. Mr. Alley: That's, there's on top of that is... Mr. Engelbrecht: Some stuff--other things on top of that. Mr. Alley: There's juniper on the top. E ' 1 Mr. Engelbrecht: OK. Thank you. I appreciate that. x Mr. Carroll: Any other questions? j Chairperson Schertz: I'm not seeing any. Thank you a lot, Mr. Carroll: Thank you very much. Chairperson Schertz: At this time, I will close the public hearing and ask staff for any final remarks. No final remarks. You think everything has been said. Do the Commissioners I have any questions of Mr, Donaldson? 1 E Mr. Powell: 1 don't have any questions. I do have a final remark, r • Chairperson Schertt; All right, does Commissioner... / it 75x 32XII AMOK Planning and Zoning Minutes January 7, 1998 Page 37 I Mr. Powell: Is it time for that? Chairperson Scbertz: Not quite yet. Commissioner Engelbrecht, did you have any questions of Mr. Donaldson? Mr. Engelbrecht: Yes. There were questions about utilities up there. 1 know that, at least my recollections tells me that's been one of the Issues up there is a lack of utilities and 1 I wonder if the City has plans to oversize it for water and sewer going in? Mr. Donaldson: I don't believe we have discussed that at this point. Keep in mind that what we've been dealing with the criteria for the special use permit. We haven't entered into the platting process, which will cut a normal time that we get Into setting aside easements and rights-of-way. Mr. Engelbrechl: All right. Mr. Donaldson: But we can note that. Mr. Engelbrecht: Thank you, Chairperson Schertz: Commissioner Powell. Mr. Powell: Thank you. I would like to first compliment Mr. Engelhrecht on that oversizing situation. That's a great Idea, and I'm pleased that you put that out, 1 would have never thought of that. That's great. Then I'd also like to compliment Hardin and their Company. This Is amazing. t've been sitting up here for three years. I guess, approximately, I've never seen anybody so prepared as you folks ever. We've had a lot of folks before us. But you came before us, it was kind of like a train coming through here. I mean, you-and 1 don't mean that negatively-please, it sounded that way perhaps, but I didn't mean it that way, You are prepared for us and, I guess, for the City Council. And 1 want to point out one more important thing to me. Is what--when you went out and hired help to assist you with this projmi. Attorneys and real estate people, you know, the whole smear. You hired local help. I, for one, want to compliment you and tell you that 1 appreciate that. Thank you. Chairperson Schatz: At this time, t would entertain anyone else that would like to make any comments genrral before we have a motion. Seeing none, 1 would entertain a motion at this 1 tine, I Ms. Apple: Madan. Chair, 1 would trove that we recommend approval for the specific use permit for a manufactured home park In a tight Industrial zone district. i Ms. Gamer: Second. Chairperson Scherx Thank you. A motion has been made by Commissioner Apple and a i >hx 32x~~ . I ' I Planning and Zoning Minutes January 7, 1998 Page 38 I second by Commissioner Oanzer. At this time, we will entertain discussion. Commissioner flourdie. " Ms. Oourdie: Turn on my microphone. I would like to say also that I'm very impressed by all the marketing materials and all the people that have the opportunity to come speak to us and the local people that you did bring in. It's nice to know faces with names when you hear local names; you never know what their faces are. So this is very good for tne, 1 have to say when 1 first saw this; l was like going, "Oh, great, another manufactured home development. I can hardly wait to see this one put in our back yard again." But I have to say that I'm very impressed with the photographs we've seen from Austin and I'm impressed with the-1'm Impressed with everything, but I'm kind of feeling for Mr. Harris here and for Mr. Miller, because 1 can understand there is a stigma and there Is a feeling In our environment that a manufactured home means lower class people, it means dirty back yards. It has very negative connotations to it But I didn't we that In any of the information that you proposed to us- that you showed us. But then I think well, marketing is-when you market you bring the best of the property forward so people can see that. So I am thinking of the balancing act here. That there are the good and the bad. But being that, I believe this is a fantastic development as a manufactured home development. 1 think Denton has been very lucky to get high quality developers in the manufactured home Industry here. We've been-we looked around and like 1 said-we see quality products around - lakes and lots of green space, And I know plenty of people who live in manufactured homes and they are very happy and they are upstanding people, and they keep their yards more immaculate than 1 do, l must say. And so I don't see anything problematic, but I would like to make sure Mr, Carroll that we do work with Mr, Miller and do work those-to me this is a very emotional letter that he wrote. And 1 would like to make sure that he feels comfortable with his land. And, obviously, I can't believe you're are bending over backward to help these people. It's refreshing. It almost makes me wish that every developer that came before us bent over backwards. OK. No problem. 1 can do that. I'm very Impressed by that, I'm also saddened as a person In Denton that we have a double standard here. That we ask manufactured home developers to have dedicated land and to do all these things. That we can put a subdivision in and not require anything of them. And so I think this has been a very eye-opening experience for me. When people come and now say things about subdivisions, I'm going to say, hey, there are developers out there that are developing fantastic things that have these rules and regulations in the ordinances and they are not complaining. So let's do it right. I'm very impressed. So I'm going to vote in favor of it and I do want you to work with Mr, Miller and Mr. Harris to make sure that--1 know you will, 1 just want to make sure that everything goes off well. appreciate it. I'm very impressed. 1 hope that we have the opportunity to see y'ali back again-well, certain kind of-your attitude is fantastic and would love to have that Infiltrate Denton. ♦ Chairperson Schertz: Commissioner Marine Mr. Moreno: I just have one question, Mr, Donaldson, is the 20% rule in effect here. 2 h ❑ 32x~❑ , O Planning and Zoning Minutes January 7, 1998 Page 39 Mr. Donaldson: No. Mr. Moreno: No. Mr. Donaldson: The opposition... Mr. Moreno. How close are we? Mr. Donaldson: Well, we received no opposition from any area within the 200-foot radius within the city limits. Mr. Moreno: Even though the property owner to the immediate nosh Is within the 200 feet, there's a technicality In that he's outside the city limits. Is that what I'm understanding? Mr. Donaldson, That's correct. Mr. Moreno: i just wanted to make the comment that as a young man, I lived In a trailer house for, t guess, about 8 years. And truthfully, at the time, it was the only affordable housing that I could afford-we could afford as a young couple, What petitioners have shown me tonight is something that is far superior to anything that I lived In during that period of time, I really feel like there is a place for manufactured housing In Denton and I will be voting In favor of the petition, Thank you. Chairperson Schertz: Thank you. Commissioner Oanzer. Ms. Gamer: Up until about a year ago, I had the same stigma that a lot of other people do. It was a mobile home park, trailer houses, you can't put those things out in the weather, No matter how hard you try, something is going to happen. I was visiting-I went to visit a friend of mine In Virginia and she was telling me about the new home that she had bought, and she said it was a manufactured home, and 1 went, `Ugh!," you know, 1 got up there and walked Into that thing and my eyes popped out of my head. 1 could not believe how beautiful it was. 1 could live In one in a "New York minute." t have friends that could afford a home in rorrestridge or Southridge, (tight now, 1 have a friend, a single man, who lit in one and prefers living in one. lie does not have a big yard to take care of. lie is very happy. I know of lot of retired people that live In them. I think they have their place. And like 1 said, I could live in one very easily. This looks like a beautiful manufactured home park and 1 will be voting In favor of It, Chairperson Schertz; Thank you. Commissioner Engelbrecht. Mr. Engelbrecht, I think the fact that this type of housing, at this point in time, requires a i special use permit speaks to the concern of the residents of the city. 1 also believe that If we aI see that go away In the future, it may tell us something about what's going on In this particular type of housing community In the country, I think that we ought to take a look at 25 0 32x~("i Planning and Zoning Minutes January 7, 1998 Page 40 the amenities that are required in manufactured housing community and look at it In terms of the rest of the community, Wonder why we have the requirement for the open space and the public facilities? That's a subject to be left for another time. We have those requirements for a reason and I think that 5,000 squbta foot lots, 7,000 square foot lots, that sort of density is part of the reason we require those such things in this type of facility and 1 don't think It's that much different for what we refer to a stick-built community. I am very pleased with the property rules and regulations as they were outlined in their similar backup material and look forward to seeing its facility here. I think if those are followed I think it will be a real setup. It might remove some of the apprehension in the community with regard to manufactured housing. I will vole yes in this case. Chairperson Schertz; 'thank you. Seeing no other commissioners who would like to speak, l would wrap up by saying I. have found one advantage to being Chair tonight and that is being able to speak last. And I'm going to paraphrase it by the woman who spoke in favor of your project and just say "ditto." I really am. I think everything has been said And covered well, and I will also be voting In favor of it. At this time, I put voting in order and ask the Commissioners to please cast their vote, Voting has , it has been completed. 1 will now display voting, I am pleased to announce that it has passed unanimously. Thank you and thank everyone In the audience for your time, We will now be moving to the next item. a, I x 0 32do t • . I o :S~IRJIY I hNL(IL`Wl1'NJA~1.N<1V Dnw~nnNx„21»@it~wt.Nd'~nY ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO DEVELOP AND OPERATE A MANUFACTURED HOME PARK ON $3.170 ACRES LOCATED ON THE WEST SIDE OF INTERSTATE 35, BETWEEN LOOP 288 AND HIGHWAY 380, EAST OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND CURRENTLY ZONED UNDER THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tartan Properties initiated a request for a Specific Use Permit to devel;+p and operate a manufactured home park on $3.110 acres of land located on the west side of interstate 35, between Loop 288 and Highway 380, east of the Atchison, Topeka and Santa Fe Railroad and currently zoned under the Light Industrial (LI) zoning district classification and use designation; and WHEREAS, on January 7, 1998, the Planning and Zoning Commission recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the Specific Use Permit Is in compliance with the Zoning Ordinance and Denton Development Plan; and WHEREAS, In accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that All of the following conditions exist: I. That the specific use will be compatible with and not Injurious to the use and enjoyment of other property nor significantly diminish or impalr property values within the immediate vicinity, 2 That the establishment of the specific use will not impede the normal and orderly , development and improvement of surrounding vacant property; i 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4 That the design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic • without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or %711 be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, G~ TiaM ❑ 32x1❑ 11 Hill ?.C) x 0 , • i ' I I KNl0.NK1i.IM'IM~E.ww4Y.w~hSUfLMd'YY 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring propertles; and 7. That there is sufficient landscaping and screening to ensure harmony and ' compatibility with adjacent property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ==That a specific use permit to develop and operate a Manufactured Home Park Is granted to Tartan Properties for a 83.170 acre tract of land located on the west side of Interstate 33, between Loop 288 and Highway 380, east of the Atchison, Topeka and Santa Fe Railroad, as per the site plan attached hereto, approved and incorporated herein as Exhibit A. SECTION I . That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shat) constitute a separate and distinct offense, SECTION 11 . That this ordinance shall become effective fourteen (14) days from the date of Its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper published in the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1999. )ACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I M ~ PAGE 2 G~ 1 1 : fROtll Of 1170 11 CIIV AIT 0►11[V FAx IID.t Is P3027923 14-41.31 491920 P.04 I V EAHIBtt A ' ' ~ovG4oow'o ao~adeoq DENTON/ TEXAS r { I 1 ~ 1 w• 11 I ~Y•rr ~ } I ~ ~ 1 ears-' ~ ~ i ' ! -Nam s ;1~11ti1S11~ 1 t I GYM J ~ MVr~ t • . r• M 1 r+.wr.r........ . w. ~(~.rYY rw4~rN.~. ~IJ. M. ~.r~/r^J.Y a rr ~•~r IW~r MI...... ~~11 Yr1 lwyrwr . M.~iYr sfttom MAW gk?Mltltff ~wurr "r"1Ri I~ I I /~a~ 4o as+at to AIN t+e tlt~ue~u~Q~Et4ec~59N~a 25X d 32xlo Apende No. S Agenda Item AGENDA INFORMATION SHEET Data AGENDA DATE- February 3, 1998 DEPARTMENT: Planning /~C~ ' DCM: Rick Svehla, 349.7715'F" SULUECT Hold a public hearing and consider an ordinance to rezone 1.32 acres from the Planned Development 6 (PD-6) zoning district to the Light Industrial conditioned (LI[e]) zoning district. The subject tract is located on the northeast side of Colorado Boulevard, at San Jacinto Boulevard. BACKGROUND i i Y Jsnaary,1969 - Property is zoned Agriculture (A) with adoption of the 1969 zoning map. ! September, 1969 a Subject property, along with approximately 230 acres, Is rezoned from the Agricultural (A) zoning district to the Planned Development 6 (PD-6) district with ordinance #69- 35 to allow for mixed uses including single family, townhomes, apartments, retail, commercial, and school. This particular tract was approved for lownhomes. PRIOR ACTIONIREVIEW The Planning and Zoning Commission recommended approval (7-0) to rezone the 1.32 acre tract to the Light Industrial conditioned (LI[c]) zoning district with the condition that the following uses be prohibited: Radio and Television or Microwave Tower Hauling or Storage Company Sewage Pumping Station Motor Freight Terminal Sewage Treatment Plant Tire Retreading or Capping Water Treatment Plant Auto Wrecking or Salvage Yard Sexually Oriented Business Cleaning and Pressing Stable, Private Club Household Appliance Service and Repair Stable, Commerefal Rental Animal Clinic, Hospital or Kennel Stable, Boarding (with outside runs and pens) JL Airport Landing Field or Heliport Farm or Ranch Bus Station or Terminal Hatchery, Poultry Livestock Auction Livestock Feeding Plant, pens or yards Cleaning and Dyeing Plant Cleaning Plant, Bagr or Carpets f Engine and Motor Repairing Heavy Machinery Sales Job Printing or Newspaper Printing Laundry Plant (Commercial) z5 k U 32XIO i Prohibited uses continued: j Milk Depot, Dairy or let Cream Plant Paint Shop I Petroleum Products Stooge - Wholesale Sand, Gravel or Earth Sales or Storage Scientific or Research Laboratory Trailer Rental or Sales Petroleum or Gas Well Mining or Storage of Wastes Brick Kiln or Tile Plant Dump or Sanitary Fill Area Mixing and Sale of Concrete Open Salvage Yard for Rags or Machinery, Etc. Light Manufacturing or industrial Uses Which Meet Performance Standards Clothing Manufacture or Light Compounding or Fabrication Storage and Sales of Furniture or Appliances outside of Building Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel Petroleum Collecting or Storage Facilities Temporary or Permanent Batching Plant for Asphalt or Concrete FISCAL INFORMATION None, Na Attached. Respectfully submitted: -772 Pt ared by: Director of Planning and Development D na Baleman Senior Planning Technician ATTACHMEN'~ 1, Planning and Zoning Commission Report. 2. Draft Planning and Zoning Commission Minutes from January 14, 1945, 3. Draft Ordinance, , J ,r jx 32xI❑ ~IY# O l V#ISP PLANNING AND ZONING COMMISSION STAFF REPORT SSu lect: U.S. Post Office Ceae Numkl: Z-97-028 M: Donna K. Bateman per: January 14,1998 GENERAL INFORMATION ' Applicant: David W, Walls Lawrence A. Cates & Associates 14200 Midway, Suite 122 Dallas, TX 75244 Owner: Golden Triangle Joint Venture 3201 Maple Avenue, Suite 500 Dallas, TX 75201 Action: Request to rezone 1.32 acres from the Planned Development-8 (PD-6) zoning district to the Light Industrial (LI) zoning district. Location end Size: The subject property consists of a 1.32 acre tract located on the northeast side of Colorado Boulevard, at San Jacinto Boulevard. Surroundin Lend Use end Zonin : i L.QGAIM 19fia LAND usta North: light Industrial and While the apartment complex to the north Is multi Multi Family-1 family, the "Rails to Traits" remains zoned Light Industrlal, South: Planned Golden Triangle Mall Development - 8 • East: Light Industrial and Rex Appliance, Carpet Store, vacant property, and Multi Family-1 multi family complex West: Planned Multi Family complex and Single Family Development -8 Subdivision • • Denton Development Plan (Otip): High Intensity Area #80 (No allocation limit) SPECIAL INFORMATION / The property has been platted as Lot 3, Block A, of the Rex Addition, J i I~ 255 Q 3?_xI❑ o A BACKGROUND January, 1969 to Property Is zoned Agriculture (A) with adoption of the 1969 zoning map. I September, 1969 ■ Subject property, along with approximately 230 acres, Is rezoned from Agriculture (A) to Planned Development (PD-6) with ordinance 069-35 to allow for mixed uses Including single family, townhomes, apartments, retail, commercial, and school. This particular tract was approved for townhomes. i I NOTICE ~ Eight (8) property owners were notified of the request on December 31, 11997, As of this writing, two reply forms have been returned In favor and none have been returned in opposition i The c property Is located In an Urban Center or high intensity area. The Denton mes bje Development Plan defines an urban center as follows: These are the largest centers strategically located to encourage the concentration of commercial, retail, offce, light Industrial, and multi-family housing. These centers are intended to serve as the hub for economic activity and employment Urban Centers do not have a defined Intensity allocation. Since these areas have no limit of allowable Intensity, no analysis can be made for the property. RECOMMENDATION Staff recommends denial of the zoning request as it has been requested. It is understood that the U,S, Postal Office plans to lease the property for a post office site. A federal building Is currently not a permitted use within the planned development. If the property Is rezoned to the Light Industrial (LI) zoning district, there are several other uses that staff finds could be offensive (noise, , fumes, etc.) to neighboring property owners should the post office vacate the site. Staff would recommend approval of the rezoning if a condition Is placed on the property prohibiting the following uses: Prohibited uses: Radio and Television or Microwave Tower Hauling or Storage Company 0 Sewage Pumping Station Motor Freight Terminal Sewage Treatment Plant Tire Retreading or Capping Water Treatment Plant Auto Wrecking or Salvage Yard Sexually Oriented Business Cleaning and Pressing Stable, Private Club Household Appliance Service rnd Repair , Stable, Commercial Rental Animal Clinic, Hospital or Kennel Stable, Boarding (with outside runs and pens) Airport Landing Flail or Heliport Farm or Ranch tl • Bus Station or Terminal Hatchery, Poultry Livestock Auction Livestock Feeding Plant, pans or yards / i Cleaning and Dyeing Plant Cleaning Plant, Bags or Carpets Clothing Manufacture or Light Compounding or Fabrication Engine and Motor Repairing Heavy Machinery Sales Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy or Ice Cream Plant Paint Shop 25 x 32X IO i Prohlbtted uses continued: Petroleum Products Storage - Wholesale Sand, Gravel or Earth Sales or Storage Scientific or Research Laboratory Trailer Rental or Sales Storage and Sates of Furniture or Appliances outside of Building Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel Petroleum of Gas Well Petroleum Collecting or Storage Facilities Mining or Storage of Wastes Brick Kiln or Tile Plant Temporary or Permanent Batching Plant for Asphalt or Concrete Dump or Sanitary Fill Area Mixing and Sale of Concrete Open Selvage Yard for Rags or Machinery, Etc. Light Manufacturing or Industrial Uses Which Meet Performance Standards Attached Is a list of uses that would be still be permitted in the district. SUGGESTED MOTION: I move we recommend approval of Z-87-028, rezoning the subject property to the Light Industrial conditioned zoning district with the condition that the forty-five (45) uses, listed In the staff report, be prohibited on the site. Or I move we recommend denial of Z•07•028 to rezone the subject property to the L ght Industrial zoning district. ALTERNATIVES: 1. Deny the request. 2. Approve the request as submitted. I# 3. Approve the request with added conditions. 4. Postpone consideration. ENCLOSURES: 1. Location Map. 2. Surrounding Zoning Exhibit. 1 3. Surrounding Use Exhibit, t 4. Approved Concept Plan. 5. List of permitted uses In the Lljcj zoning district. s 25 x 32 XId s.r.ra. o Enclosure S A4 1-97.028 (U.S. Post Office) NORTH a+A c I DR, r f n~r~afrsxr 1 ~r SITE ~ T! j/ 7 t` At L1 I ~ I Location Map mews' 1114108 6csle: None 2 h x 32X~~ I • 0 Enclosure 2 NORTH 7-97.028 (U.S. Post Office) 66 A, ell: C4 PD 7r/ c' I \ ♦ \ ♦ i 11' S vv PD 42 P; 1-44 ~o Y % 11 .facer -1 / Its`. Pb / /~~I 441IIb rrrr~\\ 11 J~ E r-! f S 1 Ei G' ~ ~~k s a k: ~ i _';r~ ~ ~u~„ ~ ~ ~ ~ 0 1♦ Surrounding Zoning Exhibit Otte: 1114198 Scale; None in 32' In- i 9 Enclosure 3 t 97028 (U.S. Post Office) NORTH p 2203 ROAD , DD 2100 SITE rnU.tiCt • 1933 y '41r ' (wader ~orry4s\~c ~;Cl1 020 2100 ~•,It no, , lug 2301 2200 0Vy J °1uo,e / \ IN ~ 99p ~ • i . , lGO t , `t 2201 i Surrounding Use Exhibit oaf#1114198 Scalc None ❑ 32x10 e , .;Ale... Enclosure 4 7•97.028 (U.S. Post Office) NORTH 'g : pL @m; ~ Si~j \\~PnIniAJ eMaAa/ Mn,wA.Ae aW lrrrM ~ l~t~t7~ IIr e r ~ 1g' 1~ I 1 ~ rh ~ me. wa ( i pphn KY741 ldllE JI+nY ! y D'IY' PIP. I„jl'It rl r ,lit, .Z'aP= r i 11 Ve. i;~~. 81 he. •L,~,. ?ly I' ~ e yJ Y9tnr. ' Y ~j aL~iM... M 01' II ~•a A"wr..rrrhA ' a.Awr' r Mnl • nl ~ M r 1 NN hyNl~1l NMI ~1 M.i1~~r pttl N i'I TCMtON,TtfIA! Approved Concept Plan I I i Date: 1114196 Bede: None 9 7fiY 32XIO ' MUM N 0 i ENCLOSURE 5 iiLiio Ligbj Industrial District i I PERMITTED U9E91 Primary Residential Uses one Family Dwelling Restricted Dormitory, Boarding or Rooming House " Hotel or Motel Educational, Institutional i Special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private school Community center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Homo or Residence Home for Aged Occasional sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade utility, Accessory and Inaidental Uses Accessory Building community center (private) Electrical Ganorating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction office (Subject to Approval and rs Control b Building Inspector) Fire station or Similar Public Safety Building Gas Transmission Line and Motoring Station Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Private Utility Shop or Storage Yard Public 9uilding, Shop Yard of Local, Stato, or Federal Government Radio-and/or-TelavisIon•ilicrowave-4owor-- -aowago-Pass~pInnsg}-station- PriVate Swimming Pool Telephone, Business Office 'M Telephone Line and Exchange Switching or Rolay Station water Roservoir, Water Pumping Station or wolf ----ifeter-TrostAenlP1anZ /D• 7x10 32XIO 0 H Lin Light Industrial District fcontinuedf Racreational and Entertainment Uses Amusement, Commercial (Outdoor) Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Drag Strip or commercial Racing Fairground or Exhibition Area Go Cart Track E Public Golf Course commercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo Grounds Roller or Ice Skating Rink -"axuaily- 81ub- prjVat~ -Ctabla~- Coswwroda l-AeAha l_ -actable r.-Boa rdin4_ Swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Tranaportation Related Uses .--J►irpor t-Lar►d i nq--F4eid-o~-Kai l po rt- ._ium Station-4w-•Torminal- - - iiauliwor-"torago--CoMp"y- ~Noto~-#x*49 at-Terming1-- Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Automobila Service Uses I -AN Auto Laundry Auto Painting and Body Repair r5 Auto sales and Repair (In Building) Gasoline Service Station Now Auto Parts Sales Stores mew or Used Car Sales Lot (In Open) seat cover and Muffler Installation Shop -dirt-AatYaadit►g or-Cappinq- Used Auto Parts Sales (In Building) Retail and Service _Typo Uses ~ Antigua shop JV Bakery or Confectionery Shop (Retail) Cafeteria Olee~+i+ a++d-Prrseinq C~aal1-"hop -Gad-Plak►p- custom Personal service Shop Drapery, Needlework or Weaving Shop Florist or dardan Shop ' Greenhouse or Plant Nursery (Retail) 25 ❑ 32x ❑ 0 "Liu Light Industrial _District PER "TED U9262 Primary R sidentia Uses one Family Dwelling Restricted Dormitory, Boarding or Rooming House Hotel or Motel Educational, Institutional a Special Usas Art Gallery or Museum cemetery or Mausoleum Church or Rectory College or University or Private school Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Cara) Hospital (Chronic Care) institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Nome or Residence Home for Aged ' Occasional sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational school, Business or Trade Utility, Accessory and Incidental Mess Accessory Building community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construotion office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Homo Occupation off Street Parking Inoidentai to Main Use off Street Ramote Parking Private Utility Shop or Storage Yard Public Building, Shop Yard of Local, State, or Federal Government Radio and/or TeleVidion Microwave Tower r sewage Pumping Station Private Swimming Pool Tolephona, Business office Telephone Line and Exchange switching or Relayy station Water RaderVoir, Water Pumping Station or Woli Water Treatment Plant ~5 10 32 x ❑ 0 I i x,!1.111 tight lnduetrie District foontinuedl Retail and service Type Uses (continu@d) I Handicraft shop service --Mouaakold-Appliaaca-und-- Laundry or Cleaning Self Service mimeograph, stationery or Letter Shop Mortuary or Funeral Parlor Officea, Professional and Administrative Off premise sale of Beer and/or Wine on Promise Belo of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and shops - 4,000 square feet or less Retail Stores and Shops - Over 40000 square feet Studio for Photographer, Musician, Artist or Health secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agriri ul~yne Uses Animal Pound (Private or Public) Animal Clinic or Hospital (no outside runs or pens) --AriWA1-61 inio-r-Hospital-or Xonnol--iwit~ --outatdo-runs-or- pons).-. _Far&-or- Ranch- Greenhouse or Plant Nursery --ice lobo ry~Pou lhxy Commercial Typo Uses Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop --Cleaning-and-Dyeing-Plant-(Commercial) or-GerpeEs (SpeOial Bqutpmont~- --.Cleaning-Plant t-Belo -Cloth inl-Manufacture-or-Light-Compounding-or-rabrication- contractors Shop and Storage Yard C 3Ina-and-Motor.-AoPairln9-' Feed Store -Heavy- Nachi nary--saioo -and-StoragQ.- -.lob-Printir4 or-Nowapapor-Frinting- Laundry-Plant-(eo mm alwo l)--- ---#i l k--oepot-r-- Da i ry,-or-Ioo-Croahm- Plant- --Paint -Shop -Pet roleum-Productsr-Storage ---Wholesale- Plumbing Shop ---eoiontitio.or-Rosoarah -Laboratories- Storage and Sales of Furniture or Appliances (outside a Building) f Storage or Sales Warehouse i Trailer Rental or gales Transfer, Storage and Baggale Terminal Wholesale Office and Sample Room B17aoial industrial Preceeaos --Mixing- and-Salo- of-Conorato ia. ;).5 1111 3241 0 I 11tTu tight Ind atrial Dietriot lcontinuaQl re_ naral Manufacturing and Industrial Uses t-0raanos- a~s-praaaribad solo #3,-aaAT;-through-7, w VZRXTTTrb U9Ee WITH APRRDVED SPECIFIC UaE PERNITI " Primary Reoidential Uses Trailer Camp or Mobile Nome Park Edugational._Institutio an 1 i special Usaa Correctional Facilities Fraternity, sorority, Lodge or Civic Club Utility, Acceasory and Incidental UNas C4wags-TV"tN6nt Pang Agricultural Tvpa Uaea -Liv"tock Aucti oeL_... --t.iveatoalc-FOOdSt►gg-Alant,-nae►a. or-Yards_ Commarcial Typo um Flea Market Gravel-- or- Earth -Sales-or- Storage- Natural Rascurce_8tarade and Extraction Cxtmotion-and-Storage-ol 8srsd, Glacho,-stone, Clay-ax-Gravel - pet rol sum -or--Caa- Well- Petroleum Colloottnngg-or-Storage-Faoilitioa- Mining ar-Storags-of-liming-Waotos- Acecial industrial-processes -Temporary-Asphalt-or-Conorete-8atchiWPlant °,a -Br#ok-Xiln-or-Tlla-Plant-- J -Dump•or-sanitary--Fill-Aron-- , -Open eslvaga-Yard-for-Rags, Kaohir~ary,-ttcT AREA ArdUIRINWgi Floor/Area Ratio 711 Maximum j ' I YA b a'QyiA~ 1aNTa! rfront Yards minimum 95 feat aide Yardt No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary lino dividing such districts from a residential district or when the side yard is adjacent to the streat) in which event a ten (10) foot side yard shall be provided. 13, ~ ~j x 0 3 2 X I O o a ULT11 Light industrial District focntinuadl Retail and Service Typo Uses (cont_inuod) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Mimeograph, stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine on Promise Sala of Bear and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feat or less Retail Stores and Shops - over 4, coo square feet studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agricultural Typo User Animal Pound (Private or Public) Animal Clinic or Hospital (no outside rune or pens) Animal Clinic, Hospital or Rennal (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery { Hatchery, Poultry Com_mercial_Typa Uaea Bakery (Wholesale) Building Material Sales cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or ice Cream Plant Paint Shop Petroleum Products, Storage - Wholesale Plumbing Shop Scientific or Research Laboratories Storage and galas of furniture or Appliances (Outside a Building) Storage or Sales Warehouse Trailer Rental or galas Transfer, storago and Begggaga Terminal Wholesale office and Sampla Room AggaiR Industrial ProCgsaes Mixing and Sala of Concrete »'t 10 32x q nr.Yn Light in uetrial District lcentinumal YARD UQV2 EMANTe I0Oatinued}1 Rear Vardt No rear year is specified for non-residential use except where retail, commercial or industrial uses back upona common district line, whether separated by an alley or not, dividing the district from any r of the residential districts listed, a minimum of ten (10) feet shall be provided. REIM REMITTONet To any legal height not prohibited by other laws or ordinances. in the districts where the h*ight of buildings is restricted to two (9) or three (3 stories, cooling towers, roof gables, chimneys and vent staco may extend for additional height not to exceed forty-five (45) feet above the average grade line of the building. Water stand pipes and tanks, church ataopplea j domes and spires, and school buildings and institutional i buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (3) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories in height. attppL•EkENTAL AEeuLAr;,QNgt 1. parking (Based on use. See Article 34-115.) I a, Signs I 3. Lighting 44 Landscaping 5. Screening A Fencing I' 1 i Jy, 32XIO 1 i M Planning and Zoning Commission Minutes DWI i January 14, 1998 DIl~f''+~• ~ FY Page 2 of 17 7. Hold a public hearing and consider making a recommendation to the City Council concerning rezoning 1.32 acres from the Planned Development 6 (PD-6) zoning district to the Light Industrial (LI) zoning district. The properly Is located on the northeast side of Colorado Boulevard at San Jacinto Boulevard. A U.S. Post Office Is proposed. (Z-97-028) Chairperson Schertz; item number 7. 1 will open the public hearing and ask Ms. Bateman for her remarks, please. V f i Nis. Donna Bateman presented the staff report " Ms. Bateman: Good evening, Madam Chair, members of the Commission. The request before you this evening is to rezone 1.32 acres from the Planned Development zoning district to the Light Industrial zoning district. This property Is located on Colorado Boulevard at San Jacinto, immediately adjacent to Colorado Courts and/or In between Colorado Courts apartments and Rex Appliance. This property Is located in a high Intensity area and has already been platted. This property was rezoned to the Planned Development district in 1983, and this map does not do very well at such a distance, but this gives you an Idea of what was approved as part of the Planned Development 6. As you can see, there's no ` Colorado Boulevard, there's no mall; there Is single family. This particular piece of property was approved for town homes. As I mentioned In the staff report, the request before you is to rezone It to Light Industrial. The proposed use Is for a U.S. post orrice. Under the current Planned Development, Federal buildings are not listed as a permitted use. We notified eight property owners of the request on Dxember 31, 1997, and we have received two reply forms, both in favor and they are going around to you right now. Because a portion or the property is In Planned Development 6 and a portion In the Light Industrial toning district, they are lot Incompatible which, according to our zoning ordinance, you can't have two different zoning districts on two different Incompatible zoning districts on one lot. Planted Development for town homes and Light Industrial are definitely Incompatible, one being residential and the other not. 'the request Is to rezone it to the straight Light Industrial, I'm going to go ahead and give staff recommendation now Instead of welting. Under the Light Industrial zoning district, there are several uses on there that may be offensive to neighboring property owners, the Colorado Courts apartments, namely, and even though the U.S. Post Office plans on having a Post Office at that location. Should they ever decide to vacate, any use that would be permitted In the Light Industrial zoning district would be permitted to be at that location. And because of that, for the safety of the surrounding property, staff would recommend the Light industrial district with conditions that certain uses not be permitted on that property, And I've listed those in the staff report. And I'll be happy to answer any questions. • Chalip-rson Schertz: Thank you. Commissioner Gourdle. 40 Ms. Gourdle: Ms. Bateman, I'm curious when 1 look through your list of the things that will not be permitted as light Industrial uses, sewerage treatment plant wasn't marked off. But, things that I thought were strange weren't marked off. Just things, normal, typical things like ~5.1n 32x ❑ 0 0 Planning and Zoning Commission Minutes January 14, 1998 Page 3 of 17 rodeo grounds weren't marked off. J Ms: Bateman: Were not marked off? ' Ms. Gourdie: Well, all right. I don't know what list I was looking at. There must have been another package, but I was reading through it, and, I guess, but I'm still kind of "iffy" as to certain things lig'nt industrial. As you say, it's an open-ended thing there, and I guess I got my package. Ms. Bateman: On page 43 of your backup, which is the next item, is a list of all the uses that are permitted in the Light Industrial zoning district for that case. It gives you an idea also of what uses are permitted and you can compare that to the list of what we're recommending being prohibited. You can get an idea what uses would be allowed in without these additional uses. Gourdie: If a new business moves in, can they tear the building down and then start all over, or is it more likely they would use the Post Office for their facility? Ms, Bateman: Are you saying relating to this? ` Ms. Gourdie: Relating to this one. I'm just curious, because the concern is that something that's not going to be compatible. Ms. Bateman: Well, the use would be permitted, the use is based on the property. It will be tied to the property. So, if the building was to be demolished, and they were to build a new building, these regulations are that you approve, or recommend approval to, would follow with the property not just the building. Ms. Gourdie: Thank you. 1 Chairperson Scher: Thank you, Commissioner Engelbrecht. { Mr. Engelbrecht: Yes. I just wondered if you have had any discussions with the petitioner • regarding then prohibited uses. Ms. Bateman: Yes, I have. They are acceptable. Mr. Engelbrecht: Thank you, i Chairperson Schertz: Thank you. At this lime, I would like to give the petitioner an ' f opportunity to speak. Good evening. Please give your name and address. Mr. Walls: Good evening. My name Is David Walls, I'm with Lawrence A. Cates and Associates, 14200 Midway, Dallas, Texas. I represent the owners of the property. As Y, 10 32XIO A X4WWAW . o ~I NO" Planning and Zoning Commission Minutes #>Y S:'I y January 14, 1998 Page 4 of 17 Ms. Bateman said there's a planned usage of a U.S. Post Office at this point in time. 1 believe it is a long-term lease, which Is to say probably at least 25 to 30 years. The Post Office will ` probably be there and in good shape when the Colorado Court apartments are not as quite attractive as they are today. As Donna said, our properly owner owns all the property down to the Rex Addition, and we would just simply like to get the zoning to where it is acceptable for a Post Office and that the entire tract has the same zoning on it for future usage. I am open to any questions. We are in agreement to these restrictions. It's in our client's best interest as well to keep the property in a high standard. So any question 1 can answer for you, 1'11 be happy to. Chairperson Schertz; Thank you. Are there any questions? I don't see any questions. Thank you for your time. Mr. Walls: All right. Chairperson Schertz: Is there anyone else to speak in favor? Any one to speak in favor? Is there any opposition? Any opposition? At this time. I'd just ask if you have any final remarks? Mr. Walls: No, i Chairperson Schertz: All right. The petitioner has no final remarks. 1 would like to close the public hearing and ask Ms. Bateman if she has any final remarks. Ms. Bateman: Staff would recommend approval of the Light Industrial zoning district with the conditions that the 45 uses listed in the staff report be prohibited. j Chairperson Schertz: Thank you. I would entertain a motion. Ms. Apple; Madam Chair, I move we recommend approval of Z97.028 rezoning the subject property to the Light Industrial condition zoning district with the condition that the 45 uses as listed in the staff report be prohibited on that site. i Mr. Engelbrecht: Second. Chairperson Schettz; Thank you. Motion has been made by Commissioner Apple and second by Commissioner Engelbrecht, and at this time, 1 would ask the Commissioners to please cast their vote. Thank you. At this time, I would like the Commissioners all in favor of the motion made to please signify by raising your right hand. Motion carries unanimously, • S. - 1104 {e e l O • concerning a detailed plan on of IIrWAY Devclo nt 4 art located on the east aide of Moyhlll r p, of it. (Z•97-022) 25*10 3210 s ' O l I ~rA1dlR'IY pw~.v0`wiflOYNaty1tr1L1r ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO.6 (PD-6) TO LIGHT INDUSTRIAL CONDITIONAL (LI(c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.32 ACRES LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. David Walls, on behalf of Golden Triangle Joint Venture No. 6, owners of the subject property, has applied for a change in zoning from the Planned Devekpment No. 6 (PD-6) to the Light Industrial conditioned (LI[c]) zoning district classification and use designation as shown In Exhibit B; and WHEREAS, on January 14, 1998, the Planning and Zoning Commission recommended approval of the zoning change; 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 1,32 acres more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby changed from Planned Development No. 6 (PD-6) to a Light Industrial conditioned (L1(c]) zoning district classification and use designation with the uses described in Exhibit "B", which is attached hereto and incorporated herein for all purposes, being prohibited JEU10N li. That the provisions of this ordinance as they apply to the 1.32 acres shown in M Exhibit "A" shall govern and control over any conflicting provision of Planned Development No. 6, but all the provisions of Planned Development No. 6 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION Ili That a copy ofthis ordinance shall be attached to Planned Development No. 6 showing the amendment herein approved. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 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 ~v - - ~ x 0 32XIII o " rW.Yyaaoy~a~."mgrrar!mJOUW E I f ' i i published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, , within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ! late /C gnu C 1 • J 1• PAGE1 75x 10 32XIo AWN" • EXHIBIT A P 1705 tort, tx 1 TRACT DESCRIPTION BEING A METES AND BOUNDS DESCRIPTION FOR A 1.32 ACRE TRACT SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS OUT OF THE R H HOPKINS SURVEY, ABSTRACT NO. 1694, AND BEING A PART OF THE 27.3495 ACRE TRACT OF LAND AS CONVEYED TO GOLDEN TRIANGLE JOINT VENTURE BY HERBERT D. WEITZ AAN, TRUSTEE AS RECORDED IN VOLUME 986 AT PAGE 937 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 544 IRON ROD FOUND FOR THE MOST SOUTHERLY CORNER OF THE COLORADO COURTS SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO T}IE PLAT THEREOF AS RECORDED IN CABINET "C", PAGE 219 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, SAID POINT ALSO BEING W THE NORTHEASTERLY LINE OF COLORADO BOULEVARD (100 FOOT RIGHT OF WAY); THENCE: N 49°49'00" E. ALONG THE SOUTHEAST LINE OF SAID COLORADO COURTS SUBDIVISION AND THE NORTHWESTERLY LINE OF THE AFORESAID 27.3495 ACRE TRACT, FOR A DISTANCE OF 225.09 FEET TO A 518" IRON ROD FOUND FOR CORNER SAID POINT BEING IN THE SOUTHWEST LINE OF A 100 FOOT RIGHT OF WAY CONVEYED TO THE MISSOURI KANSAS AND TEXAS RAILROAD; THENCE; SOUTH 42°05'00" FAST, ALONG THE SOUTHWEST LINE OF THE MISSOURI KANSAS ANS TEXAS RAILROAD AND THE NORTHEAST LINE OF THE 27,3495 ACRE TRACT FOR A DISTANCE OF 130.00 FEET; THENCE: SOUTH 03°09'33' W, A DISTANCE OF 334.23 FEET TO A POINT IN THE NORTHEAST RIGHT OF WAY LINE OF COLORADO BOULEVARD; THENCE: NORTH 40°1 I'00" W. ALONG THE NORTHEAST LINE OF COLORADO BOULEVARD FOR A DISTANCE OF 373.00 FEET TOT HE PLACE OF BEGINNING AND CONTAINING 1.3153 ACRES OF LAND, MORE OR LESS. 1 ` J~o ~D 25~ 32xio • EXHIBIT B M Prohibited uses: Radio and Television or Microwave Tower Hauling or Storage Company Sewage Pumping Stallion Motor Freight Terminal Sewage Treatment Plant Tire Retreading or Capping Water Treatment Plant Auto Wrecking or Salvage Yard Sexually Oriented Business Cleaning and Pressing Stable, Private Club Household Appliance Service and Repair Stable, Commercial Rental Animal Clinic, Hospital or Kennel - Stable, Boarding (with outside runs and pens) Airport Landing Field or Heliport Farm or Ranch Bus Station or Terminal Hatchery, Poultry Livestock Auction Livestock Feeding Plant, pens or yards Cleaning and Dyeing Plant Cleaning Plant, Bags or Carpets Engine and Motor Repairing Heavy Machinery Sales Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy or Ice Cream Plant Paint Shop Petroleum Products Storage - Wholesale Sand, Gravel or Earth Sales or Storage Scientific or Research Laboratory Trailer Rental or Sales Petroleum or Gas Well Petroleum Collecting or Storage Facilities Mining or Storage of Wastes Brk;k Kiln or THe Plant Dump or Sanitary Fill Area Mixing and Sale of Concrete Open Salvage Yard for Rags or Machinery, Etc, Clothing Manufacture or Light Compounding or Fabrication Temporary or Permanent Belching Plant for Asphalt or Concrete Storage and Sales of Furniture or Appliances outside of Building Extraction and Storage of Sand, Calichs, Stone, Clay or Gravel Light Manufacturing or Industrlal Uses Which Meet Performance Standards fa r~ I .y x C 32 x 0 0 VIM Agenda No ' AGENDA INFORMATION SHEET Agenda 1tam- Date AGENDA DATE: February3, 1998 F DEPARTMENT: Planning DCNIt Rick Svehia, 349-77151 ' SUBJECT Hold a public hearing and consider adoption of an ordinance to approve the detailed plan for 4.729 acres located in the Planned Development 42 (PD-42) zoning district. This tract is located on the east side of Mayhill Road, south of McKinney Street, at Gayla. (2.97.012). BACKGROUND The subject properly, along with approximately 90 acres, was approved to be rezoned in March, 1985 from the Agricultural zoning district to the Planned Development district to allow for light industrial uses. At that time, the subject property was located in a high intensity area. In the high intensity area, major industrial and commercial centers were expected. Due to the Wastewater Treatment Plant in the immediate area, residential properties were to be discouraged within 1,500 to 4,000 feet of the plant. When the 1988 Denton Development Plan was adopted, the subject site was redesignated as a low intensity area. I In August, 1997, the applicant submitted a request to rezone 4.719 acres of the property from the Planned Development district to the Light Industrial zoning district. Though most of the same uses were currently permitted in the Planned Development district, the applicant preferred the straight zoning district to prevent obtaining site plan approval. The applicant had immediate plans for 36,111 square feel (or 0.829 acres) of the property and submittal of a detailed plan, with no known future plans on the remainder of the property, created a problem. Staff notified surrounding property owners and received nineteen percent (19%) opposition to the request. The applicant modified the request, maintaining the property in the Planned Development 42 (PD-42) zoning district and • submitted a detailed plan for approval. Staff renotified property owners and received no reply forms in favor or in opposition. The day of the Planning and Zoning Commission meeting, slaff called all adjoining property owners that we previously opposed. Two of the four property owners were no longer opposed and the remaining two initially believed that their property was included in the rezoning. To date, no reply form has been received which would pull previous opposition, therefore, all opposition will remain. The 2(r/'o percent rule is not in effect for this case. r - 2r x 10 32 x1❑ • II" PRIOR ACTIONIRFVIEW The Planning and Zoning Commission recommended approval of the detailed plan (7-0) at its meeting on January 14, 1998. gjSCAL INFORMATION None. MAP Attached Respectfully submitt ave Hill Prepared by: Director of Planning and Development i on a Bateman Senior Planning Technician Attachments• 1. Planning and Zoning Commission Report. 2, Planning and Zoning Commission Minutes from January 14,1998. 3. Draft Ordinance. r, • 7,5 x 32xIb u PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Ron Jon Business Park Case Number: Z-97-022 Iq li Donna K. Bateman DAW January 14,1998 GENERAL INFORMATION Applicant: Metroplex Engineering 501 S. Carroll Boulevard, Suite D Denton, TX 76201 Owner: Ron Jones 3730 E. McKinney Street, Suite 101 Denton, TX 76208 Action: Consider the detailed plan for 4.729 acres that Is zoned Planned Development (PD) for Light Industrial uses. Location and Size: The subject property consists of a 4.729 acre tract located on the east side of Mayhlll Road, south of McKinney Street, at Gayla, Surrounding Land Use and Zonin : LOCATION ZONING LAND USE North: PO-42 for Light Single famNy residential and undeveloped industrial uses South: P042 for light Sewage Treatment Plant, Single family residential Industrial uses and undeveloped East: PD-42 for Light Sewage Treatment Plant and undeveloped j Industrial uses West: Agricultural Single family residential and undeveloped 1 Denton Development Plan (DDP): Low Intensity Area #59 (132% allocated), 0 SPECIAL INFORMATION to Platting: The property is not platted and would have to be platted prior to development of the properly. Public Improvements needed to support this r development Include perimeter street paving, the extension of water lines to the property, construction of skfewalks, drainage Improvements, 1 F i air i relocation of an existing fire hydrant and the Installation of on site fire hydrants. These Issues will be addressed during the platting phase. Infrastructure Is not currently in place to adequately service this tract for light industrial uses. Drainage: A drainage study has been submitted and Is currently being reviewed to determine if drainage Improvements will be required. Transportation: This tract has frontage on Mayhill Road, a secondary arterial. Perimeter street paving regulations will be required on Mayhill Read Utilities: The existing 8" water line along Mayhill Road will adequately provide fire flow for light Industrial. This will be further addressed during the platting process and Is not a zoning Issue. BACKGROUND January, 1969 - Property Is zoned Agricultural with adoption of the 1969 zoning map. March, 1985 acres of land, including the subject site, is rezoned front the Agricultural (A) zoning district to the Planned Development (PD) zoning district to allow for light industrial uses with Ordinance #85-59. At the time, the subject property was located In a high Intensity area. In the high Intensity area, major Industrial and commercial centers were expected. Due to the Wastewater Treatment Plant in the Immediate area, residential properties were to be discouraged within 2,500 to 4,000 feet of the plant. When the 1988 Denton Development Plan was adopted, the subject site was redesignated as a low intensity area. I NOTICE Eleven Ele (11) property owners were notified of the request on August 29, 1997 and renotifled on September 11, 1997 and December 30, 1997, Four (4) reply forms were received after the August 29th mailing that resulted In 19% opposition. As of this writing no further reply forms have been received in favor or in opposition, The previously submitted reply forms will remain In effect unless a reply is received to the contrary. i DETAILEO PLAN ANALY51 Section 35.151 of the Code of Ordinances requires that the following Information be shown on a detailed plan: Y Acreage. The acreage In the plan as shown by a survey, certified by a registered surveyor. Provided; total site acreage is 4.729 acres. Y Land Uses. Permitted uses, specified In detail as detarmined by the department, and the acreage for each use. / Provided; permitted uses Include all uses permitted with the deslgnatlon of the 2 7 x 32X10 i o ! planned development district (see attached list of uses). i D Off 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. D 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. Provided. 'r Buildings. The location, maximum height, and minimum setbacks for all buildings, and If nonresidential, the maximum total floor area. Provided. D Residential development The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density). Not applicable. Water and drainage. The location of all creeks, ponds, takes, floodplaine or other water retention or major drainage facilities and improvements. Provided. Y Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided. a Trees and landscaping. The location of all protected treos and a landscape plan as required by the city's landscape ordinance. 1 Provided, i 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 used for public or private use. Provided. Y Screening. The location, typos, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. • Provided. • 0 'r Signs. Location, type, and size of all signs regulated by the city's sign ordinance. Provided. 3 5. ?~i x 10 32x1[1 • i Y Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or bicycle use. II Provided; sidewalks will be constructed along all street frontages. I RECOMMENDATION { In 1985, the applicant for this 4.729 acre tract, plus an additional 88.5 acres, requested the property be rezoned from the Agricultural zoning district to the Light Industrial zoning district. The staff report, at that time, reported to the commission that light industrial uses were appropriate for this tract though several specific uses were not. Therefore, a planned development was approved with certain light Industrial uses prohibited. The detailed plan before you Is in accordance with the approved concept plan for the district. Staff finds that the proposed detailed plan is In accordance WRh the approved concept plan and, therefore, recommends approval of Z-97-022 SUGGESTED MOTION I move we recommend approval of Z-97-022. ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with other conditions. 4. Postpone consideration. i ENCLOSURES t. Location Map. 2. Ordinance #85-59. 3. Approved Concept Plan. 4. Surrounding Zoning Exhibit. 1 6. List of permitted uses In the Light Industrial Zoning District. y 6. Proposed Detailed Plan. t ~ i 4 25 x 1~ 32Xl❑ o o w ENCLOSURE 1 :Z:9 7-1022 0 7g1 1000 i IL 1060 3 1145 ~tA IT RA .i , i I -Klq 32xla ~r o ' O 10?iL ENCLOSURE 2 I J i No. ~ r i AN ORDINANCE AMENDING THE ZONING MAP OF THE CIT' OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODL OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIES TO 94.3 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD APPROXIMATELY 1600 FEET SOUTH Or F.It. 426 LEAST MCKINNEY STREET, AND IS MORE PARTICULARLY DESCRIBED -LLkEINJ O PROVIDE FOR A C CE 11; ZONING CLASSIFICATION FROM AGkICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LICHT INDUSTRIAL "Ll" USES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs SECTION I. That the Bonin{ classification and vea designation of the following described property, to-wits All that tomato tract of land situated in the Cideon Walkar Survey, Abstract No. 1330 Denton County, Texas and being more part iculatly described as ?allows: BEGINNING for the northwest corner of the herein described traet at the northwest corner tract described in the deed to Capsyn Limited Number 128, recorded in Volume 767, Page 197 of the Deed Records of Denton County, Texas and beinj in Mayhill Road about 160 feet south of the northwest career o the said Cideon Walker Survey; THENCE easterly with the north line of the said tract a distance I of 1418.6 feet, more or leas, to a northwest corner of the tract described in the deed to Fredrick Beasley reeo•ded in Volume 1DA, Palo 889 of the said Deed Records{ THENCE southerly with the west line of the said tract a distance of 223.8 feet, more or less, to the Southwest corner thereof; THENCE easterly with the south line of the laid tract a distance of 438.5 feat, more or less, to the southeast Corner thereof in s the middle of Pecan Creek; . THENCE southeasterly with Pecan Creek and the cast line of the said Capsyn Limited tract about 1780 feet to the north northeast corner thereof; THENCE southerly leaving Peesn Creek a distance of 19.5 foot, more or leas, to the southeast corner of the Cipsyn tract in the north line of it private road; THENCE westerly with the north lies of the private road and the south lino of the slid tract a distance of 2188.1 feet, more or r lose, to the southerly southwest corner thereof; ti JJ THENCE northerly about 218 feet tt+ the southeast corner of the f tract described in the dead to James Pendleton recorded in Volume 1163# Pals 163 of the Said Dead Itecorda; THENCE westerly with a south line of the laid Pendleton tract a distance of 140 toot, more or lass# N!e southerly southwest corner thetaof; Z-177/BURT SINOLLTOH/PAGL 1 x 32 X I O I THENCE northerly with a wait line of the laid tract a distance of 163.5 feet, more or Ian, to a re-entrant corner thereofl THENCE vast with a south line of the said Pendleton tract a distance of 200 feet, more or loss, to the westerly southwest corner thereof and being in Mayhill Road{ THENCE northerly with the wait line of the said Walker Survey and along Hayhill Road about 1550 feet to the place of beginning and enclosing approximately 9$.3 acres of land. is hereby changed from Agricultural "A" District Classification and Usa designation to Planned Developmeat "PD" District Claosi- fication and Use designation for Light Industrial "LL" uses under the comprehensive toning ordinance of the City of Denton, Texas. SECTION II. That prior to issuance of any certificate of occupancy tot the use of any building within the planned development district, the following conditions shall be met: 1. The following land uses shall not be parmittod in the approved planned development district "PD": Amusement, Commercial (outdoorDrag Strip or Commercial Racing Asphalt or Concrete Stitching Plant (permanent) Brick Kiln or Tile Plant Dormitoryy, Soardin! or Rooming House Dump or 6anitary rill Area Cemetery or Mausalaum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Tairgounds or Exhibit Area Co-Cart Track Halfway House Hatchery, Poultry Haulin or Storage Company Heavy Aachinary Bales and Storage Home for Care of Alcoholic, Narcotie or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pont or Yards Minim. R or Storage of Mining Wastes Open Salvage Yard for lag s or Machtnery etc. Petroleum Collecting or tarage Facilit~os y Private Utility Shop or Storage Yard Residential Rodeo Grounds Sand, Cravat or Earth Sales or Storage SECTION 111. That the development of the property shall be in substantisl compliance with the site plan attachedy hereto and made a part hereof for all purpoess. The Zoning lisp of the City of Denton, Texas, adopted the 16th day of danuar , 1969, a on Aypeodix to the Coda of Ordisuocas of L; the City of Denton, Texas under Ordinance No. 69.1; be and the VJ~` same f1 hereby amended to show such change in Dietrict.C~alsifica• tiod slid Use subject to the above conditioos and spscifieattont. 19 SECTION lY. That the City Coaocii of the City of Daatoo, Texas, hereby finds that such change it to accordance with a comprehensive plea t-1717/SUIT SINOLtTON/PACt f -9- »ei..eeer P ' for the pnrpoee of promoting the general welfare of the City of Denton, Texas, and vith reaeoaatle consideration, mong other things for the character of the district and for its peculiar suitability or particular uses, and vith a viaw to coaarving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V, That this ordinate* shall be in full fora and affect immediately after its yuaagg and approval, the required public hearings having heretofore been held by the Planning and zoning Comiastoa and the City Council of the City of Denton, Texas, after giving due notice thereof. ~ PASSED AND APPROVED this the day of Mareb, 1935. ~RICHAfD go IT~"Flx40A CITY Of DENTON, TE~fAS ATTESTi 1 Ywd~ F~Afl A~ CKARLUTIL CITY Of DENTONs TEXAS I APPROVED AS TO LEGAL FORM: JOE D. MORRIS, AC71N0 CITY ATTORNEY CITY Or DENTON, TMAS Sys g,.1117111MI'SINOLETON/PM S /d ?5X'I 32XIO WON ANWAM o ENCLOSURE 3 ~IilirJ 1VII~d i w N l ! VI-. ~ '~Y"1'f1AMMl c-----~ : Z--. 16 5x ❑ 32X1❑ u ' Yr.ii l;e'G.N.''3~ ~.~4i~d'•~1~7~~'S~,1G~, F:.'a~ ~ '~'~+'NS~"wLR.fir"~`d`d~ •`A'P,.4"+M, "~~77R-4<M W.k: ka~~aw n^ar +m.,...,.,..... _ CONWT IMAM 2-1717 ilk . PWAIT f10A0 i ~ { y x 32 x O .~e.rtw Z 9~-02 2 ` ENCLOSURE 4 A A` t/ PD ` .rrr rrrr t , rr ~D 1~r-rte"" rrrr I w~M~ r I-+r_r r 'I ~I I SF-7 rr_r ~4 r I' ' r I C i F ETJ r r ._rrrrrI rrrr rrrr-_rr rrrr_ Zj~ I4 Lr I r-rrr rr~rwwrww AD ~r 1 i r r r+ 1 SITE y,r r db wrrrr ri ~I j r~ ~ i0 N!AITi YI~OO~ 'j rrr_rwrr~ S~ ' r I r c f" O I I I U I I I I I 33TTb, I r I ~ ~ •rrrrl I IP rrrrw_rrrrr~ U ILA r t~ tk t G(c) _rrr i ~PC) 25)(10 32xlo 0 . o ENCLOSURE 5 PERMITTED 06Fi6.i 11 T11 •i,gbt Industrial District 4 primary Residential Uses ` - one Family Dwelling Restricted Dormitory, Boarding or Rooming House Hotel or Motel Fd+ a tonal ,l++stituticnal 6 Special Uses Art Gallery or Museum - Cemetery or Mausoleum Church or Rectory college or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House 4--- Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute care) Hospital (chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged occasional Sales Park, Playground or Public community Center School, Private Primary or Secondary school, Public or Denominational school, Business or Trade Utility, Accessory and incidental Uses Accessory Building Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control byy Building Inspector) • Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home occupation off Street Parking incidental to Main Use Off Street Remote Parking ~c- Private Utility Shop or storage Yard Public Building, Shop, Yard of Local, State, or Federal Government • Radio and/or Television Microwave Tower Sewage Pumping Station • • Private Swimming Pool Telephone, Business Office C Telephone Line and Exchange Switching or Relay Station / Water Reservoir, Water Pumping Station or Well Water Treatment Plant /30 5 K Cl 32 x~C~ i ' I 0 I _ I ler'Jil Lignt Induatrial District, huedl RecrAntienal and EntQrteirhment uses --Amusement, Commercial (outdoor) Amusement, Commercial (indoor) country Club (private) with Golf Course Dance Hall or Night Club A--- Drag Strip or Commercial Racing ' Fairground or Exhibition Area Go Cart Track Public Golf Course Commercial Golf Course Public Park or Playground Public Play field or Stadium -1~ - Rodeo Grounds Roller or ice Skating Rink Sexually Oriented Business Stable, Private club Stable, Commercial Rental stable, Boarding swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type m.a.+arertation Related Uses Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Automobile Service Uses_ Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (in Building) Gasoline Service Station • New Auto Parts Sales Stores Now or Used Car Sales Lot (In Open) Seat Cover and Muffler installation Shop Tire Retreading or capping Used Auto Parts Sales (In Building) 7zetw~i anA service Type Uses • • Antique Shop Bakery or Confectionery shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shoo Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) iy 25 x ❑ 32XI❑ r. =M mz~~ MR • o I'Lls, Light i ustrial Disttiat faenLinuedl I ` Retail) And Service TygQ U<ee (roedl Handicraft Shop Household Appliance Service and Repair Laundry or cleaning Self Service Mimeograph, stationary or Letter Shop Mortuary or Funeral Parlor offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 41000 aquare feet studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agricultural Typo Uses Animal Pound (Private or Public) Animal clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Hatchery, Poultry Commercial Type Uses Bakeryy (Wholesale) buildinq Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (special Equipment) Clothing Manufacture or Light compounding or Fabrication Contractors Shop and storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and storage lob Printing or Newspaper Printing • Laundry Plant (Commercial) Milk Depot, Dairy, or ice Cream Plant Paint Shop Petroleum Products, Storage - Wholesale Plumbing Shop scientific or Research Laboratories Storage and Sales of Furniture or Appliances (outside a Building) • Storage or Sales Warehouse 4 • Trailer Rental or Sales f Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room spacial industrial Processes Mixing and sale of Concrete • B+LI++ Ligre Industrial District (continued$ C,,Anaral Manufacturing and Industrial Uses j Light manufacturing or Industrial uses which meet the performance standards prescribed by Article 13, 18A, 1 through 7. PERMITTED USES WITH 11PROVED SPEQj}ig us% VRRMiT! " i Primary Residential Usds Trailer Camp or Mobile Home Park Educational. inatitutional && spacial Uses Correctional Facilities Fraternity, Sorority, Lodge or Civic club polity. Acesssory and Inniden al Uses Sewage Treatment Plant Agri +1 +rAl Type Usas '`--Livestock Auction Livestock Feeding Plant, Pens or Yards Commercial Tips Uses Flea Market 4L Sand, Gravel or Earth Sales or Storage Natural Resource Etoraga and_E ractien X,-- Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel Petroleum or Gas Well , 4 - Petroleum Collecting or Storage Facilities *-Mining or Storage of Mining Wastes fipecial Industrial Processes Temporary Asphalt or Concrete Hatching Plant 4 -Brick Kiln or Tile Plant A Dump or sanitary Fill Area ' • -open Salvage Yard for Rags, Machinery, etc. l Ar. - Z.15 10 32XIO w 0 Q I Enclosure 6 = O ?-97.022 (Ron Jon Business Park) Z + 11 1 Allot ~ II ,1 fl~li I l Y~ k t l ~'f 1 i AI I ~ a ,Oi.l~to 1 I: r IF r PAO Orod tu~Hm rrv Ib {I a Date: 1/14198 Scale: None /7• 32 X I d asww ' ' o M1 Nwmm Y a Planning and Zoning Commission Minutes January 14, 1998 Page 4 of 17 Ms. Bateman said there's a planned usage of a U.S. Post Office at this point In tint . 1 believe it t along-term lease, which is to say probably at least 25 to 30 years. The P Office will probe be there and in good shape when the Colorado Court apartments a not as quite attractiv s they are today. As Donna said, our property owner owns all a property down to the Rex i lition, and we wuuld just simply like to get the zoning to re it is acceptable for a Post 0 e and that the entire tract has the some zoning on it r future usage. 1 am open to any qu tions, We are in agreement to these restrictions, It's In our client's best interest as well to ep the property in a high standard. So any qu tion I can answer for you, I'll be happy to. Chairperson Schertz, T you, Are there any questions? don't see any questions. Thank you for your time. Mr. Walls: All right. Chairperson Schertz: Is there anyo else to s in favor? Any one to speak in favor? Is there any opposition? Any oppositio ? At is time, 1'4 just ask if you have any final remarks? Mr. Walls: No. Chairperson Schertz: All right. Th petitioner ha no final remarks. 1 would like to close the public hearing and ask Ms. Baiem if she has any I remarks. Ms. Bateman; Staff would r mmend approval of the L ht Industrial zoning district with the conditions that the 45 uses I' ed In the staff report be prohi 44 Chairperson Schertt: T ank you. I would entertain a motion. Ms. Apple: Made Chair. I move we recommend approval of Z9 028 rezoning the subject property to the ht industrial condition zoning district with the co on that the 45 uses as listed in the st report be prohibited on that site. • Mr. Engel echt: Second. 1 Chaff rson Schertt: Thank you. Motion has been made by Commissioner Apple by ommissioner Engeibreclir, and at this time, I would ask the Commissioners to p se c3st i it vote. Thank you. At this time. I would like the Commissioners kit In favor f the tion made to please signify by raising your right hand. Melon carries unanimously. S. Hold a public hearing and consider making a recommendation to the City Council concerning a detailed plan for a portion of properly located In Planned Development 42. (PD42) The 4.729 acres are located on the east side of Mayhlll Road, north of Gayle, (Z-97.022) Dt 0 DRAFT 25 x 10 32 x O 0 i i i , Planning and Zoning Commission Minutes January 14. 1998 Page 5 of 17 ti f r Chairperson Schertz; Ms. Bateman will be making her remarks, and 1 will open the public hearing. 11s. Donna Bateman presented the s'aff reports Ms. Bateman. Thank you. This tra:r before you tonight is 4.729 acres and is currently located in Planned Developing zoning ilstrict which permits light Industrial uses. What I'm trying to show you here is the property that Is highlighted consists of a little over 230 acres that was approved In 1985, or, I'm sorry, 94 acres which was approved in 1985 for the Planned Development zoning district with light industrial uses permitted. At that time when it was rezoned, the property was In a high Intensity area, and In the high intensity area, major industrial and commercial centers were expected. Due to the wastewater treatment plant being so close, residential property was discouraged within 2,500 to 4,000 feet of the plant. In 1988 when the Denton Development Plan was approved, it designated the subject property in a low intensity area. To give you some ba:kground, in August of last year, the applicant first submitted a rezoning request to rezone the property from Planted Development for light industrial uses to straight Light InJustrial, With that goes all the uses that you see in your backup that are permitted in tear Light Industrial district. We sent out notices to property owners, and, eleven property owners, and we received four reply forms in opposition. That ' amounted to 19% opposition. So the 20% rule would not have been in effect. At that time, the applicant pulled his request and made some changes to it, contacted property owners. We re-notified, pulled the request again, made more changes, and in December we re-notified for this item. In December, prior to re-notifying in December, the applicant changed his request. Instead of going from Planned Development for Light Industrial to straight Light Industrial, he wanted to take what was already approved, the Planned Development for light Industrial, and get a detail plan approved which was in accordance with the existing Planted Development, accepting all permitted uses as well as *he prohibited uses that were on the property. The applicant had no problem with those. And so, as you see in your backup, we notified three firms. When we re-notified in December, I stated on the reply form and notification to the property owners of the change, and that unless they replied In opposition or in favor contradicting or to take back what they had already submitted that their opposition or In favor would stand. And, we didn't hear from anyone, 1 contacted ail four of tb.- neighbors that were opposed today, and I've made notes on the bottom of each reply form. Of chase • four, two thought that their property was requested to be rezoned and that's why they were opposed. And two understood what was going on, did not have a problem with what was going on, but did have a problem with the condition of Mayhill Road, the, the narrowness of it, and were concerned about the rest of the Planned Development being developed and having a road that was too narrow to adequately take the traffic. So, since the four oppositions still stand, again, there Is 19% opposition and since that is below the 20%. the 20% rule will not ♦ be in effect on this case. In addition to the four opposed, there was one in favor. i will add • • that, The detail plan that Is before you in your backup Is for just 4 acres of that 94-acre tract. The applicant wants to develop lot 1, block A that you see up in the corner for his business, and he Is here and he can address that further for you. At this time, I'd be happy to answer / any questions. r 10 32X Io i • I KreoRr , i Planning and Zoning Commission Minutes January 14, 1998.}j~'/~• Page 6 of 17 , Chairperson Schertz Thank you. Are there any questions for Ms. Bateman? None at this time. Thank you, I'd like to ask the petitioner if they would like to address the podium and give him an opportunity to speak. Please give your name and address. Ron Jones; My name is Ron Jones, 3730 East McKinney, Suite 101, Denton, Texas. I am the property owner, and I'd like to thank the Commissioners for the opportunity to be here tonight. My first time at this. We've been working on this for a number of months and our purpose here Is simply to create a business park. That whole objective came from not being able to rind a place for my business. It was that simple. Ve looked for two years in the City of Denton and close and there just simply are no buildings, were no buildings, and still are no buildings available In this size range and we sort of fell into It. As Donna mentioned, the first building will be for our company, Ron Jon Publishing, We've been In business in town for nine years, and we ended up with some extra property, therefore, we're going to phase two on the development on that. 1'd feel more comfortable In addressing questions, Chairperson Schertz: Thank you. Commissioner Gourdie.: Ms. Gourdie: Thank you for coming this evening. 1 just have one question, and 1 know this really isn't appropriate, but I'm curious because tight Industrial does open you up to uses of the outside to be pretty open, right. On light industrial, they can use metal siding and so fonh. I'm just concerned this not your objective in building a business park, is that correct to make It metal siding buildings. I guess my question is not coming across very well, What I'm asking for is the aesthetic appearance of the building. Will it fit Into the neighborhood unlike most light industrial areas where they put up metal sided buildings, for Instance on 1-35 we see the U-Haul storage room which is metal sided. That Is not your intent in this neighborhood, or would it be your intent to do that since it Is allowed In light Industrial. Mr. Jones: OK. My intention right now is to use metal buildings, yes. Nis. Gourdie: OK. l+' Mr, Jones: But on the other hand, there's nothing existing in the type of building !'m putting . up, there's nothing out there that exists now to match with or to work with. TUre Is none, , Ms. Gourdie: Thank you, Mr, Jones. Appreciate it, Chairperson Scheru: Commissioner Powell. ` Mr. Powell: Tell me where you operate now. Mr, Jones: Now? Mr. Powell: Yes sir. mss. 25x10 32XIO e . . o Planning and Zoning Commission Minutes January 14, 1998, 5 t , Page 7 of 17 Mr. Jones: We are at the East McKinney business park. Just across-,. Mr, Powell: OK, Mr, Jones: Just across the Loop. Our front door looks into the backyard of Foxworth. Mr. Powell: Thank you. Chairperson Schertz: Any other questions? Thank you for your time. Is there anyone else to speak in favor? Good evening. Mr. Allen: My name's Wayne Allen, 100 West Oak, Suite 330. 1 just finished building a hockey rink down the street from this project that is a metal building. Where he office is just around the corner on McKinney which is a metal building. And all the buildings up and down that area are metal buildings. This is a targeted area for light Industrial growth, and 1 think what Ron Is doing, or wants to do is right In line, right on target with what's been planned for the future of that area. The Martins have a business park area that abuts 288 which is raised to a different elevation of architecture - the tilt Will, masonry finishes and that sort of thing, This is not abutted to, or will ever be associated with the Loop 288 traffic if that was a concern. And 1 think, you know you hear economic development directors screaming we need more square footage, empty buildings on the ground so we can bring people in town and fill them up for you, and that's what Ron is trying to do. Any questions? 1 Chairperson Schertz: Thank you, Are there any questions for Mr. Allen. None at this time, j Any one else to speak in favor? Any one to speak In favor? Is there any opposition? Any opposition? 1'd like to ask the petitioner if you have any further remarks? The petitioner Indicates that there are no further remarks, and I will close the public hearing and ask Ms. Bateman for her final remarks. Ms. Bateman: Staff finds that the proposed detail plan is In accordance with the approved r" s concept plan, and would, therefore; recommend approval. Chairperson Schettz: Thank you. Ms. Gamer: Madam Chair, i Chairperson Schertz: Yes. Ms. Gamer: I trove we recommend approval of z-97-022. i'` • • Ms. Apple: Second 101 Chahperson Schertt: Thank you. Motion was made by Commissioner Oanzer, and the second was by Commissioner Apple. All in favor please signify by raising your right hand. - - - 25 x ~ Q 32X r 0 y Planning and Zoning Commission Minutes January 14, 1998 0" r c Page 8of17 Motion passes unanimously. Y 9. }cold a public hearing and consider making a recommendation to City Council oncerning the rezoning of a 1.07 acre site from Single Famil 0 (SF-10) zoning strict to Office Conditioned (0(c] zoning dislriM. The Iract located off Teasley L ne and adjacent to Lillian Miller Parkway (Farm Road 1commonly known as $05 Teasley Larne. (7.97-032) Chairperson hertz; This evening, this item will be presented y Mr. Cosby, and 1 will open the public hea 'ng. Air. Jason Cosb presented the staff report. Mr. Cosby: O evening, Commission Chair and ommission Members. The Sundown office is the case t ay and this 1.0 acre tract is aced on Teasley Lane and adjacent to Lillian Miller Parkwa ,that's FM 2181, near the ntersection of ]lent Oaks Drive. You may notice also enclosed in your package N2 at the adjacent zoning to the north Is single family 10 which s conditioned and als single family 7, which is also conditioned. There is also office coed ion as well. That I ation's vacant. To the south Is agriculture, and there Is the little resider areas at their 1 ation. To the east is single family 10 and that's also platted for family re 'dences. A you will notice to the west, you see a planned development, which is sin a family sidential structures and office. You may notice a library over there and also o fire st ion. To bring you to the background and to the special information, you may notice is d to be known as the Sundown Ranch location. This property had an existing specia a permit for a horse training facility was granted in May, 1987 and was annexed to the C of Denton as agriculture zoning district during that time. The City Council approved the a ning request for 3.21 acres adjacent to the subject property on March 3, 1997. A revs pr iminary plat was passed December S, 1997, to show an Intersection change for t propo Sundown Boulevard, FM 2181, resulting from a requirement of the appli m's Texa Department of Transportation access permit. Let me show you some picture on that. You y notice this Is where the original driveway location was. TXDOT has re uired the applic nt to relocate, to locate the access of FM 2140 at a more northerly loco on than was show on the original preliminary plat. The change in the • right-of-way cowl ration resulted In a lot boundary adjustment to several residential lots within the final lot which was appro April 27, 1997. This Planning and Zoning i Commission ap roved a final plat on Dec ber 10, 1997, and rescinded their previous final plat, Conse ently, the applicant Is rel ling the Sundown Boulevard right-of-way and requests the .07 southern portion of the lot o be rezoned to conform to remain as a lot that was devel . Let me show you some pic es of the proposed and original location. You 6 may not) a if you are looking from the north to Teasley lane and also Bent Wood Drive. And • right e, you're looking to the east, across on easley Lane for the library driveway. Five grope owners were notified of the request on nuary 2, 1998. There were no replies or any forms returned. Now the analysis. The addit not office condition-zoning district would / be offset by a loss of new right-of-way of the adjac t property as I explained earlier. There C7 v~ . 2.5 10 32XIO f f IMNMDi I' Y141Y~Hr1 V i r ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PI AN FOR A 4.729 ACRE TRACT CONTAINED IN PLANNED DEVELOPMENT NO. 42 AND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, SOUTH OF MCKINNEY STREET, AT OAYLA; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ron Jones has applied for approval of a detailed plan for the 4.729 acres described in Exhibit A, which constitutes a portion of Planned Development No. 42; and WHEREAS, on January 14, 1998, the Planning and Zoning Commission recommended approval of the detailed plan; and WHEREAS, the City Council finds that the detailed plan will be In compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! SSA, That 4.724 acres contained In Planned Development No. 42 (PD41) and more particularly described by the legal description attached hereto and Incorporated herein as Exhibit A, Is hereby approved for the detailed plan attached hereto and Incorporated herein as ExFdbit B. SECTION Ii, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is siolated shall constitute a separate and distinct offense. SECTION III That this ordinance shall become etTective fourteen (14) days ttom the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be f1 published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, • within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1498. JACK MILLER, MAYOR • • a~3 2~ 32x~~ 1 • r ' 0 r j r 1 l u.,iwsr nHro`W i r I~ ATTEST: JENNIFER WALTERS, CITY SECRETARY r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j r PARE 1 Ir" z5xto 32do EXHIBIT A FIELD NOTES 4.729 ACRES BEING all that certain lot, tract, or parcel of land situated In the Gideon Walker " Survey Abstract Number 1330, in the City of Denton, Denton County, Texas, boing all that certain tract of land conveyed by deed from Sidney Raper to Edmund Allen Raper recorded In Clerk's File No. 96-R0029200, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an Iron rod found for corner In Mayhill Road, a public roadway, said point being the northwest corner of that certain tract of land conveyed by deed from James Pendleton and wire Linda Pendleton to Roy Davis recorded in Volume 1787, Page 68, Real Property Records, Denton County, Texas; THENCE N 020 46' 60" E, 467.90 feet with sold Road to an Iron rod set for corner, { sold point being the southwest corner of that certain tract of land conveyed by deed from Scott Brown to Date Brown recorded in Volume 3130, Page 914, Real Property Records, Denton County, Texas; ' THENCE S 870 37'00" E. pass at 133.9 feet the southwest corner of Lot 1, Block 1, of Tower Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded In Cabinet M, Page 116, Plat Records, Denton County, Texas, a total distance of 440.30 feet with the south line of said Brown tract and with the south line of sold Tower Addition to an lion rod set for corner, sold point being the northwest corner of the remnant of that certain tract of land conveyed by deed from D. J. Anderson to the City of Denton recorded In Volume 2431, Page 643, Real Property Records, Denton County, Texas; THENCE S 024 46' 60" W, 467.90 feet with the west line of sold City of Denton remnant tract to an Iron rod set for corner, sold point being the northeast corner of said Davis tract; THENCE N 87.37' 00" W, 440.30 feet with the north line of sold Davis tract to the • „ PLACE OF BEGINNING and containing 4,729 acres of land. r 25 d 32 x~ s o EX141BIT B V Z-97.022 (Ron Jon Business Park) Z M jiI'~~ l 1 1 ,,Ilt . I IS I ~ jo- l'~'fi , It I,~~~ly~ ;i aVob 1 171HAWy I ; 9I'i,{ 11! S Date: 1114198 scale: None 3 X 4 0 Apnnds No...._Z Apondi Itsm :ZY Doll AGENDA INFORMATION SHEET AGENDA DATE; February 3, 1998 DEPARTMENT: Economic Development CM; Ted Benavides, City Manag SUBJECT Consider a resolution of the City of Denton, Texas, authorizing participation by the City of Denton and the Texas Department of Transportation In the innovation finance program to install security items at the Denton Municipal Airport; and declaring an effective date. BACKGROUND The Texas Department of Transportation (TxDOT) notified us that a limited amount of funds were available for certain safetyJsecurity projects for airports. The funds require a 23 percent match from the sponsoring city. We contacted TxDOT regarding the possibility of applying these funds to the purchase and Installation of two electronic security gates. Airport security has long been a concern with many tenants at our airport. The gates would be located at the Westcourt entrance and the access entrance at the AlrDenton facility (map attached). Each gate will have keypads so that only those Individuals provided with the appropriate codes (tenants, staff and emergency personnel) will have access. TxDOT reviewed our request and suggested we formally submit it for approval. The attached resolution is required as part of our application. negates cost approximately $6,000 each, for a total of $12,000. The City's matching share would be 53,000. Staff has Identified a balance of $2,000 remaining from funds set aside for the TxDOT 1997/98 routine maintenance program. The City Manager will provide the remaining $1,000 out of his contingency fund. ESTIMATED SCIIEDULE OF PROJECT If approved, the resolution will be forwarded to TxDOT for consideration. The gates could be installed as early as six weeks. ' PRIOR ACT10NIUMEW The Airport Advisory Board recommends approval. 1 x~~ 32 x~C1 1 FISCAL INFORMATI Cost of Oates, S6,000/each + Total Cost 512,000 TxDOT Grant: $9,000 City of Denton Match: $3,000 EX}IIBITS Resolution Map indicating location of gates attached, Respectfully submitted: i Linda Ratliff, Director Economic Development Department I' I yw,TlyrDYlVL^11NDAiAOQ.D~ Tom P" 0" M 2 25 C 32xNt solid , O r fl p" MW k -1 RESOLUTION NO. r A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZINO PARTICIPATION BY THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE INNOVATION FINANCE PROGRAM TO INSTALL SECURITY ITEMS AT THIi DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City of Denton desires to participate in the Innovative Finance Program to install security items at the Denton Municipal Airport; and WHEREAS the City of Denton hereby offers 25% of project costs ($3,000) to match 73% federal funds ($9,000) for a project estimated to cost $12,000; and WHEREAS, Iml funds will be available to meet project expenditures; and WHEREAS, the City of Denton agrees to operate and maintain the installed security items for the useful life of the asset; and WHEREAS, the City of Denton hereby requests financial assistance from the Texas Department of Transportation for the installation of the security items; and WHEREAS, the City of Denton Intends to name the Texas Department of Transportation as Its agent for the purposes of applying for, receiving and disbursing all funds for these Improvements and for the administration of contracts necessary for the Implementation of these improvements; NOW, THEREFORE, ,a THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION1 That the City of Denton hereby directs the City Manager to execute on behalf of the City of Denton, st the appropriate time, and with the appropriate authorizations of ' this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of transportation, and such other parties as shall be necessary and appropriate for the Implementation of the Improvements to the Denton Municipal Airport. SEC?IO 11 That this resolution shall become effective immediately upon Its passage and approval PASSED AND APPROVED this the day of .1998. 1 ~ ti1 • JACK MILLER, MAYOR 3 25 x ~a 32XICI r ATTEST: 1ENMFER WALTERS, CITY SECRETARY APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY a i • I i 4 i _ x a 32X I Cl 0 DENTON ......MUNICIPA AIRPORT e , 7y ~-II I It ~ ~ ~ /kMf ~ryl /wMNbM ' F M $ LLLL! e' / RSA RPO ~ /•INIn/M•W.M• GATE MM p ~ ~ ~ HA p~~{wIMe MN•fiw I4N~ IMIw1•W to • y~ ~ ~ IAN /Ir~iNi MM~Y(l.~f Iw Awl ~PAR11N Or' TJMNINIMMNAdM10N Mhs/hW 1 4:046 c InA 00 JOIU! CARREtI ~~;AkMnIM;NN! k' 11111/. ~MMMNNN WAbstahPorto GA E M G~AMJ(~ rN~l~-W 1 /1. /IhMM k7A SN/nM OCKIEEO to f~:JMM MN~1«~NE a f 1 I i ,f LLhII~M~1w~w~.M M.MM 1'• -y`~~ IyIw1r IM1 _ s 32x10 Agenda No. - 05 Agenda Item 0 AGENDA INFORMATION SHEET AGENDA DATEs February 3, 1998 + DEPARTMENTS Electric Utility ACM: Howard Martin, 349.8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE-AREA NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFECTIVE DATE. BACKGROUND In May of this year, City Council authorized the DMEU to provide wide-area network service to DISD, utilizing the fiber optic system which has been developed to provide monitoring and protection of the City's electric system and support City communications requirements. By sharing existing excess capacity of the fiber system, the District is able to Implement their computer technology program at a cost that Is less than what is available through other sources and DMEU Is able to recover some costs associated with its Investment in the fiber optic system. ESTIMATED SCHEDULE OF THE PROJECT Construction is already underway. Connection to a l l 24 sites Is expected to be complete by the beginning of the fall semester. FISCAL INFORMATION, r" . k r $636,420 of revenue to DMEU over the Initial five year term of the Agreement. sit Respectfully submitted: . .i wl ShM Mays Director, Electric Utility 25 x 10 32xId ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN WMRLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE-AREA NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute, on behalf of the City, an Interlocal Agreement between the City of Demon and the Denton Independent School District for the construction and implementation of a wide•arer network involving the City's fiber optic network, which Inlerlocal Agreement Is attached hereto and incorporated by reference herein. I SECTION IL That the expenditure of funds as set forth in the Inleriocal Agreement Is hereby authorized. SPCTIONIIL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1498 JACK MILLER, MAYOR f ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: jh APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: 1 r.'alurederdi,urcidi~dw~n~pnemerlda al/ oa 25 x 32x10 1 n n INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY") and the DENTON INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD'), organized and existing under the laws of the State of Texas, acting by and through, and under the authority ortheir respective governing bodies; and WHEREAS, the CITY and DISD are local governmental entities both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an Interlocal agreement, as provided for in Chapter 791 of the Texas Clovernment Code (Vernon 1994) in order to maximize the benefits to the Citizens of Denton, Texas derived from each taxpayer dollar; and WHEREAS, the CITY has heretofore constructed a fiber optics system operated by the Denton Municipal Electric Utility in order to provide & dependable, secure, and cost-effecilve communications k path for the monitoring and protection of its electric utility system, which system is in place and operation, and coven nearly all of the city or Denton; and WHEREAS, there exists a limited amour' of excess capacity on the City's fiber optics system; and DISD has not heretofore constructed any fiber optics system in order to interconnect all of DISD's facilities, largely due to the cost of constructing such a system. DISD, In order to improve the quality of education of the children enrolled in the Denton schools, desires to lease excess fiber optic capacity from the CITY's system for use in its computer network, for the purpose of Interconnecting all of DISD's schools, support and administrative facilities on a fiber optics system which DISD believes will provide for a vast Integration of educational materials and exchange of data; and WHEREAS, the CITY and DISD desire to pool their resources, avoid unnecessary or dupticitous expense, and lake advantage of maximizing economies of scale, resulting in cost savings to their respective taxpayers; and WHEREAS, the CITY Is willing to lease excess fiber optics system capacity to DISD and construct a Wide Area Network ("WAN") for use by DISD, utilizing that fiber optic cable provided by and installed by the CITY as provided In this Interlocal Agreement, The CfrY and DISD by this Interlocal Agreement (the "Agreement') express their mutual understanding that the relationship to be created by implementation orthis Agreement is that of two governmental entities sharing a private telecommunications network; and ,r } WHEREAS, there is a valid governmental purpose served by this Agreement by the CITY to • DISD to provide high technology communications capability for the DISD in order that D(SD may interconnect Its facilities to provide enhanced services to the students of DISD, as well as to DISD's support and administrative functions; and WHEREAS, the CITY and DISD agree that all payments made In connection with the governmental functions provided for by this Agreement shall be made rrom current revenues available to the paying party and that the payments received are adequate and fairly compensate the parties for . the services performed; and WHEREAS, the lnterlocal Cooperation A% now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the CITY and DISD to enter into this Agreement for the / DISO Inlertocat Aanemem - Page I 32 X ' o i purpose of achieving the governmental functions and providing the services represented by this collective, cooperative unJertaktng. NOW TIIEREFORE, the CITY and DISD, for and in consideration of the premises and the mutual covenants set forth in this Interlocal Agreement do hereby AGREE as follows! ARTICLE I INCORPORATION OF PREAMBLES The preambles to this Agreement an incorporated into this Agreement and are found and determined to be true and correct. ARTICLE 11 SCOPE OF AGREEMENT j A, Denton Independent School District (DISD) Intends to implement its Wide Area Network ("WAN") utilizing leased fiber optic cable owned by and provided by the City of Denton (CITY). DISD will own and provide all of the electronics equipment needed to Implement Its WAN at its sole cost and expense. 8. The WAN, as referred to in this Agreement consists of a redundant ring which incorporates five (S) specific DISD sites. Additional lines emanate from this redundant ring to other DISD sites. The redundant ring DISD sites and other DISD sites are shown on Exhibit "A" which Is attached hereto and incorporated herewith by reference. The redundant ring shall consist of two (2) pain of single-mode fiber optic cable terminating at points of demanadoo at each DISD site. Additional lines shall consist of at least one (1) pair of single mode fiber optic cable term)nating at points of demarcation at each DISD site. The connection from Calhoun Middle School to Denton High School shall consist of two (2) palrs of single-mode fiber optic cable terminating at points of demarcation at each DISD site. C. The CITY shall famish at CITY's own cost and expense, except as otherwise provided herein, all labor, services, and material for the creation, construction, and completion of the redundant ring and all additional lines emanating therefrom as provided within this Agreement. D, The CITY shall furnish at CITY's own cost and expense, except as otherwise provided herein, all labor, services, and material relating to the termination of the fiber optic cabling with "ST'" Ix' style connectors Into patch panels at each of the DISD sites. The exact point of demarcation or placement of the patch panel at each ofthe DISD sites shall be mutually determined by the CITY and DISD at a later time, which determination shall be evidenced by a letter signed by authorized representatives of the CITY and DISD. tDISD shall furnish, at DISD's own cost and expense, unless otherwise provided herein, all labor, services, and materials necessary for the installation and connection of DISD's electronics equipment (nut to Include "ST" connectors) to the patch panel at the point of demarcation at each of the DISD sites. 11,/ F, DISD shall promptly provide the CITY with any additional Instructions, by means ofdrawings iyf! or by other written document, as the CITY may require to proceed with the work as provided f UISO Imerlixat Agreement - Page 2 04 h for In this Agreement. All such drawings and written documents shall be consistent with, and reasonably inferable from this Agreement. 0. CITY represents that one of the DISD sites to be incorporated within the redundant ring, w McMath Middle School, is currently under construction, and while under construction cannot be inclrided within the redundant ring. DISD has requested and the CITY agrees that during the construction of McMath Middle School, CITY shall connect the Fred Moore Learning Center to the Technology and Information Center. Upon the completion of construction of McMath Middle School, CITY shall connect the Technology and Information Center to McMath Middle School and Fred Moore Learning Center to McMath Middle School H. CITY and DISD agree that the CITY's service to DISD is limited to a point-to-point, unswitched, private line telecommunications service, CITY and DISD further agree that DISD's use of the WAN shall be limited to DISD personnel and students; that the WAN shall transmit data only, and, that DISD will not offer access to the system to the public. ARTICLE III SCHEDULE OF IMPLEMENTATION 1 The WAN shall be implemented In two phases. Listed below are the DISD sites listed and sequenced by the phase in which installation will be completed. PHASE I Technology & Information Center to Central Seivlces Technology & Information Center to Fred Moore Learning Center Technology & Information Center to Strickland Middle School Technology & Information Center to Ryan High School Technology 8! Information Center to Denton High School Calhoun Middle School to Denton High School Denton High School Field House to Denton high School Service Center AMeK to Denton High School Field House Technology & information Center to McMath Middle School PHASE Il Denton High School to Strickland Middle School McMath Middle School to Ryan High School McAlath Sliddle School to Borman Elementary r. 'd McAlath Middle School to McNair Elementary klcMath Middle School vi Houston Elementary kl6lath Sliddle School to Rivera Elementary A1cAlath Middle School to Fred Moore Learning Center Ryan I ligh School to Sullivan•Kcllcr Early Childhood Center Ryan Iligh Schml to Lee Elementary Ryan Iligh School to Transportation building Ryan I ligh School to the new Service Center Strickland Middle School to Nilson Elementary Strickland Middle School to Hodge Elementary • Strickland Middle School to (llnnings hlementary ' Strickland Middle School to Even Park Elementary Strickland Middle School to the Special Education Offices Denton High School to Rayior Elementary Dist) InIA cal Agreement - Page 3 os l 0 32x10 ~.maa p N.xra~w , ARTICLE IV TERM Of AGREEMENT This Agreement shall be effective as of the- day of , 1998, the date this Agreement is approved by the governing bodies of both parties hereto, and shall continue in force and effect for a period of ` rive (S) years. In the event that Section 791.001(1), or any other provision of Chapter 791 of the Texas Govemmcnt Code requ ires an annual or other period of renewal of this Agreement, then the parties shall be deemed to have elected to renew this Agreement annually on the anniversary of the effective date of this Agreement unless the parties each elect to terminate this Agreement, ARTICLE V TERMINATION OF AGREEMENT A. Either party may voluntarily terminate this Agreement at anytime upon giving to the other party one hundred twenty (120) days written notice of such intention to terminate; Provided, however, that CITY and DISD agree that they shall not exercise the option to terminate this Agreement under this provision until this Agreement has been in force and effect for a period of two (2) years. d. Either party may terminate this Agreement for cause by reason of the other party's material breach or default in the performance of this Agreement. The party seeking to terminate this Agreement under this provision shall provide the defaulting "written notice, specifically identifying the breach or default complained of, which notice shall provide the defaulting party a period of not less than thirty O0) days in which to cure such breach or default In the event such breach or default is not fully cured within the time period specified, then the party seeking to terminate this Agreement shall provide the defaulting party with further written notice expresslyspecif Lngthat this Agreement will beterminated if the breach or default Is not wholly cured within ten (10) days after the receipt of the written notice by the alleged defaulting party. in the event that the defaulting party fails to cure the breach or default complained of, within the time specified, then this Agreement shall be terminated, and the party terminating this Agreement may seek appropriate legal relief. C. At the time of expiration or termination ofthis Agreement, the fiber optics WAN between the CITY and DISD shat l Immediately cease, and the CITY shall remove all fiber optics connections at the DISD sites in a careful, prudent manner. ARTICLE VI CONSIDERATION TO BE PAID BY DISD TO THE CITY A, DISD shall pay to the CITY, beginning on the effective date of this Agreement a monthly payment of w s $ 10,607.00 and shall continue to pay such monthly payment amount to the CITY on the same date of each successive month thereafter, so long as this Agreement is in force end effect. This monthly • payment is based upon the cost for the basic fiber optic cable pair to each site, together with the additional pair from the DISDTechnologyCenter to Denton high School, to Ryan High School, to Strickland Middle School, to McMath Middle School, and an additional fiberoptic cable pair from Calhoun Middle School to Denton High School, all as depicted in Exhibit "A" hereto. The monthly payment provided Wr in this Article VIA, is expressly subject io the provlsiorls of Atticle VI.B. herein respecting the phase-in and connection ofeach of the DISD facilities to the WAN. 13. The CITY end DISD recogn ire that the completion of the WAN and the Interconnection of the DISD gg facilities set forth in Article III hereof will not occur simuitaneously, and they accordingly desire to provide that the monthly payment owed by DISD to CITY shall, from the effective date of this Agreement, be phased in by a "per facility" monthly payment charge, which shall be effective on the first day of the month immediately following the date that a particular DISD facility is interconnected 100Interlmal Agreromtnt - I'ayt 4 Ov 32XIO p 4 ' „ arrrasar . with the WAN (fol lowing the required testing of the WAN and DISD's acceptance as to & particular facility). The monthly payment owed by DISD to CITY per facility is specifically provided and described in the"DISD Per FacilityMonthly Payment Addendum' which Addendum is attached hereto as Exhibit" B" and Incorporated herein by reference. Once all DISD facilities set forth in Article Ill herein have been interconnected to the WAN, only then shall DISD pay to CITY the monthly pa)mcnt " of $10,607.00 for each month, as hereinabove provided in Article VLA, C. The CITY and DISDcontemplate that the WAN network provided for In this Agreement will be expanded in the foreseeable future as the DISD opens new schools and other school-related facilities. Acconf ingiy, the CITY and DISD desire to provide for such eventuality and agree that any new DISD facility maybe added to the WAN network for a term which does not exceed the initial five (5) year term of this Agreement, at the rate of 5365.00 per month, per new facility. The parties further agree that arty such new DI SD facility must obtain its electric power and serv ice from the City of Denton Municipal EEectrie Utilities es long es the DISD facility is located within the service area of the City of Denton Municipal ElecVicUtilities. Additionally, intheeventthat any such new DISD faciliryto be connected to the WAN Is beyond six thousand (6,000) feet from the DISD core facility core facility")providing serv ice, then the 5365.00 per month rate shall be increased by an amount equaling $.06 per linear foot per month, for each foot which the new DISD facility exceeds the distance of six thousand (6,000) feet from the core facility. ARTICLE VII OPTION TO RENEW AGREEMENT A. The CITY hereby grants to DISD an option to renew this Agreement for an additional three (3) year term, upon the same terms as this Agreement, except as to the amount of consideration to be paid by DISD to the CITY. The amount of consideration to be paid by DISD to the CITY for such renewal term shall be determined by applying the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index respecting the tclecommunicatlon/uillity Industry to the monthly payment consideration payable to the CITY over this Agreement's initial five (5) year term. B. DID, In order to exercise the option to renew contained In this Article, must, before the expiration of the five 0) )tot term of (fits Agreement, provide the CITY with not less than one hundred twenty (120) days' written notice of its Intent to exercise same, and they after, before expiration of the five (5) year Initial term enter Into an appropriate written agreement with the CITY rencwing *his Agreement, ARTICLE VIII COMPLETION OF CONNECTION f0 WAN/SUPERVISION T he CITY may utilize such persons as may be necessary to acl is Inspectors or agents for the purpose of supervising, In the interests of the CI I Y. the materials rum lshcd and the work done by DISD as construction of the project proceeds. E ARTICLE IX ACCEPTANCE OF THE C'ONNtCTIONSIWAN DY DISD j 1 he CI FY agrees to submit to DISD sufliclent test data respecting all aspects of the connection (WAN, redundant ring, and additional lines) In order to establish satisfactory performance prior to utilisation orthe connections And acceptance by DISD. Once any such requested resting is complete, and DISD reasonably approves the test results, then DISO's acceptance of the WAN is complete, Acceptable test results w III be I defined as follows; / DISD Interlocrl Agreement - rage 5 07 ?rN>E 10 32X I } a I i ' An Optical Time Wmain Reflectometer (OMR) shot must be provided for each individual fiber strand (end to end) and the results must be a level of performance that adheres to the following specifications: The "redundant ring"/backbone OC•12 Single Mode Fiber Optic cable plant, Power Budget - 23db Distance 40km TX optical output power minimum of 2dBm maximum of -3dBm RX Input sensitivity minimum of-IOdBm maximum of •28dBm T'he "additional lines"lend nodes OC•3 Single Mode Fiber Optic cable plant Power Budget - 29db Distance 40km TX optical output power minimum of-3dBm maximum of OdBm RX Input sensitivity minimum of-3 4dBm maximum of •1OdBm ARTICLE X USE OF PROPRIETARY INFORMATION All data exchanged between CITY and DISD in ecxuxction with this Agreement or in utilization of the WAN, which Is Identified as proprietary informatlon, shall be safeguarded by CITY and DISD to the same extent as CITY or DISD safeguards like Information relating to Cl7Y's or DISIY%own business. If, however, such data { Is publicly available under the Public Information Act (Chapter S32 of the Texas (Jovemment Code) or other applicable laws, is already in either party's possession or known to either party, or was rightfuily obtained by either party from third parties, neither CITY nor DISD shall bear any responsibility for its disclosure, inadvertent or otherwise. CITY acknowledges that certain data peculiar to DISD contains personally identifiable information, as that term Is defined by the Family Educational Rights and Privacy Act, concerning students. CITY agrees that in the event that such data comes into CITY's possession that CITY shall not disclose to any individual or entity any personally Identifiable information concerning students of DISD, unless the CITY is required to disclose this information as a result of an Order Issued by a Court of competent jurisdiction. ARTICLE XI OWNERSHIP AND CONTROL OF PROPERTY A. The CITY shall own and maintain all fiber optic cables which terminate at the points of demarcation at each DISD site. B. DISD shall own and maintain all electronic equipment located at each DISD site. C. DISD shall have the right to utilize the leased fiber optic cables comprising the redundant ring and connecting the DISD sites, so long as this Agreement Is in force and effect. DISD agrees that it will not sell bandwidth to any other party. DISD further agrees that its use of the WAN will be consistent with that or & private line service user, and that DISD shall not offer access r to the WAN to the public, and shall take reasonable action to establish procedures and protocols to assure that only authorized DISD personnel and DISD students are permitted '*w' access to the WAN, UISt) lntertueal Aarcemeal - Poise 6 Q8 X d 3zxia 0 M ARTICLE Xli RESPONSIBILITY FOR MAINTENANCE DISD shall be solely responsible to dclermine the location of any problem within the DISD electronics network and to remedy such problem at DISD's sole cost and expense. In the event that a problem arises solely within the ber optic cable (the redundant ring or any additional lines emanating from the ring) or connections at , )y patch panels, DISD shall promptly notify the CITY and the CITY shall resolve the problem in a tit, Ov and cost-efficient manner at the CITY's sole cost and expense. ARTICLE XII1 CITY MAINTENANCE OF FIBER OPTIC CABLE In the event that the CITY determines that it Is reasonably necessary to perform maintenance on the fiber optic cable or within the CITY's network, then the CITY shall notify DISD at least twenty-four { (24) hours in advance, !treasonably possible, of any periods of time the CITY determines is necessary for the CITY s network to be down. ARTICLE XIV DISASTER RECOVERY In the event of a disconnection of the WAN due to a natural disaster, such as a tornado, flood, or other catastrophic event, the CITY will re-establish connections to DISD at the earliest reasonable opportunity, taking Into account that the safety and welfare of the citizens of Denton shall be the CITY's utmost priority in determination of restoration of service. ARTICLE XV }TOLD HARMLESS lo the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation to liability, DISD agrees to and shall indemnity and hold harmless CITY, its officers, agents, and employees from and against any and all clalms, losses, damages, causes of action, suits, and liability of every kind, Including all expenses of litigation, court costs, and anorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the use, but not the installation or maintenance, of the fiber optic network the subject of this Agreement, where the Injury or death or damage Is caused by the negligence of DISD, its officers, agents, or employees, except that DISD assumes no liability for the sole negligent • acts of CITY, its officers, agents, or employees. Io the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation to liability, the CITY agrees to and shall indemnify and hold harmless DISD, its officers, agents, and employees f, rm and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and anorney's • fees, for injury or death of any person, or for damages to any property; real, personal, or Intellectual, arising out of or in connection with the installation or maintenance, but not the use, of the fiber optic • • network the subject or this Agreement, where the injury or death or damage Is caused by the negligence of CITY, its officers, agents, or employees. 111141) Interlocal Agreement - Pape 1 09 2 5 Q 32 X hl o , i ARTICLE XVI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting their dispute to w arbitration or other means of alternate dispute resolution such as mediation. No arbitration or other alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the othee's approval, ARTICLE XVII ASSIGNABILITY DISD shall not assign any interest in this Agreement and shall not transfer any Interest In this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY, which consent shall not be unreasonably withheld. CITY shall not assign any Interest In this Agmment and shall not transfer any Interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the DISD, which consent shall not be unreasonably withheld. ARTICLE XVIII NOTICE Any notice given by one party to the other in connection with this Agreement shall be In writing and shall be by personal delivery, sent by registered mail or certified mail, return receipt requested, postage prepaid, or by facsimile transmission actually received, tot i a rYt Ted Benavides City Manager j City of Denton 215 E. McKinney Denton, TX 76201 Fax: (940)349.9596 A i DISD: Ray Braswell Associate Superintendent Denton independent School District 1307 N. Locust Denton, Texas 76201 rat; (940) 18 1. 109) Notices shall be deemed to have been received on the date of recelpt as shown on the return receipt or other written evidence of receipt. ARTICLE XIX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein • contained shall be valid unless In writing and duly executed by the party to be charged therewith. No t evidence of any waiver or modifcation shall be offered or received in evidence In any proceeding l arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of 11150 Intnrlmil Agreement - Page 8 ~Q 3243 A'R6YL67 r 0 i !~9Nf1n<U i the parties hereunder, unless such waiver or modification Is In writing, duty executed. The parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICLE XX SAVINGS In the event that any one or more of the provisions hereof concerning the subject matter of this Agreement should be held by a courtor administrative agency of competent jurisdiction to be illegal, Invalid or unenforceable in any respect, the parties agree to make a good faith effort to renegotiate another agreed provision to fulfill the purpose and intent of the present Agreement ARTICLE XXI GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obllgations of the parties hereto, created by this Agreement are performable in Denlon County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively In Denton County, Texas, ARTICLE XXII ENTIRE AGREEMENT This Agreement and the exhibits attached thereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be bloding on any party hereto unless the same Is In writing, dated subsequent to the date hereof, and Is duly executed by the parties hereto. ARTICLE XXIII WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or Insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at ail times in full force and effect. ARTICLE XXIV DINDINOAUTNORISY f This Agreement is entered Into by the duly authorized officials ofeach respective governmental entity. AR'l ICU XXV CAPHONS The captions contained in this Agreement are for Informational purposes only and shall not in any way ' of ecl the substantive terms or conditions of this Agreement. IN WIINEtS %'IILRLOP, the city of Denton, Texas has caused this Interiocal Agreement to be executed by its duty authorized Mayor; and the Denton Independent School District has caused / UND Interloerl Aattemem - P+ae 9 i 2,610 32XIO 0 this Interlocal Agreement to be executed by the President of its Board of Trustees on this the day of , 1997, to be efrective as orthe day oC t 1997. I i CITY OF DENTON, TEXAS BY. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: [HERBERT L. PROUTY, CITY ATTORNEY BY: DENTONN INDEPENDENT SCIIOOL DISTRICT BY: a_ JEAN SCIIAAKE, President Board of Trustees A1T1EST: U~ BY: • CUKIIS P. RAMSEY, Secretaryiknton lndepcndcnt School District Board or Trustees APPROVED AS TO t ECAL FORA1: I IAYES. COFFEY do BERRY, P.C. 44 BY: _ Aiolphl. Sl ut 01SO Irn4er1xel Agreement -Page 10 - 25 x 10 32x1d O City of Denton, Texas Fiber Optics Network for Denton I.S.D. WNW' CM Awya~ E EMmY+bry MrtrrAKY EI 1 pr. !/uYf Edueillen I p, I WOMOW Who ® ENn MAny Ot7D ` MrkMnd MOl~ E RMn wry E p. Edieol 1 Pr New 1 pr. A ANO WOW = i Pr. OHI LM p. WS P HpAwlw Eft IWOAry Mau" 1 a Iva" K" P,. Gkbtwl T~olnMopy ~TrMlpatMleR M" 8mk~ !kltoal A" Pr. Rye HIS 604" nh nn Cm n I . MAC nu un un an 1 t, EAn~YA~ry uv [WWI" tm cm 1 N. aou tYt~ uo tm IkM~II+MIAdN rib tit SOW Fred MW4 • yr, lNrfllrq ti l y Ip nt tie ttn n `m da tm E ENrMrhry 13 25 x n 32XIO a • o DISD Per Facility Monthly Payment Addendum Exhibit B ROUTING COST Denton High School to Strickland Middle School 1,024.00 Denton High School to Calhoun Middle School 64,17 Dcotat High School to D115 Field HouvAervice Center 22.48 McMath Middle School to Ryan High School 11706,12 McMsth Middle School to Borman Elementary 160,5! McMsth Middle School to McNair Elementary 503.33 McMath Middle School to Houston Elementary 130.16 I McMath Middle School to Rivera Elementary 447.37 McMath Middle School to Fred Moon Learntng Center 319.03 Ryan High School to Sullhvan•Ke11er Early Childhood Center 415.18 Ryan High School to Lea Elementary 341,85 Ryan High School to Transportation Doilding 98.16 Ryan High School to the new Service Center 2.29 Strickland Middle School to Wilson Elementary 311,45 a Strickland Middle School to Hodge Elementary 337.94 Strickland Middle School to Oinnings Elementary 114,72 Strkkland Middle School to Evers Park Ekmentary 108.05 Strickland Middle School to the Special Education Offices 337.39 41 Denton High School to Raytot Elementary tM ` . SUBTOTAL 61543.07 Technology A Infornwion center to Fred Moaxe Learning Center 845,01 Technology A fnrormailon Center toStrkkland Middle School US 63 ' Technology A Information Center to Ryan High Schad 1,189.31 Technology A Information Center to McMath Middle School 94!.10 Technology A Snfmnaliun Center to Central Services 41.28 Technology A Informuton Center in bemon High School 63439 TOTAL 10, 601.00 14 26 32X e 0 Agenda NO., ~ ✓ , Agenda Item Dale AGENDA INFORMATION SHEET k i AGENDA DATEt February 3, 1998 k DEPARTMENTt Utility ACMt Howard Martin, Assistant City Manager for Utllities`f SUBJECT AN ORDINANCE APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS UTILITIES ELECTRIC COMPANY: PROVIDING AN EFFECTIVE DATE THEREFOR: APPROVING A MOST FAVORED NA'T'ION PROVISION: RATIFYING AND CONFIRMING TI IE ACTION OF CITY STAFF AND CITY'S OUTSIDE LEGAL COUNSEL IN INTERVENING IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 18490; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BACK AROUND Texas Utilities (TU) has reached a rate case settlement with the PUC staff which has now been placed before the PUC for approval. This settlement includes a rate decrease of 4% for residential customers, 2% for commercial customers, and 1% for Industrial customers beginning January 1. 1998. The residential rate reduction Increases by an additional 1.4% beginning January 1, 1999. There are some parties which claim that these reductions should have been larger, If TU Is being allowed to fetaln excess earnings, they could be used to reduce stranded generation costs. The settlement also Includes a change In depreciation methods used by TU. This change has the effect of speeding up depreciation of TU generation facilities and slowing depreciation of distribution and transmission, 'Thus allowing TU to reduce Its stranded generation cost and shllt those costs to the distribution and transmission systems. To the extent costs aft shifted to the 1U transmission system, Denton citizens who are not TU customers will pay Increased transmission /ffi • costs, Staff Is concerned that I U Is being allowed to begin the process of recovering its stranded generation cost prior to legislative action on deregulation or any direction from the legislature on the proper method for such recovery, Staff Is also concerned that Denton follow closely the discussions regarding the appropriate size for rate reductions In order that the City can assure that the Ucnton citizens seined by TU receive the maximum rate reductions determined to be i r, appropriate by the PUC. Therefore Staff requested the City's outside counsel on these matters to • • Intervene in PUC Docket 18490 which covers these matters. At this time, it Is not the Intent of Staff to actively litigate in this docket. However, staff will monitor the activities and data 1 ; 10 32x ~l • o associated with the Docket. If it becomes necessary to becoma more active In the docket, staff will Inform the Council and seek approval for any litigation expenses. Staff recommends approval of this ordinance approving the rate reductions which were Implemented by TU on January 1, 1998, Including the most favored nation provision in Section VI. PRIOR ACTION/REVIEW (Council. Boards. Commhslonal None FISCAL IINPORHATION Costs are expected to be limited to copying and mailing costs from outside counsel. The magnitude of such costs will vary depending on the number and types of documents filed by the parties. Respectfully submit r: - ~Vj~ Sharon Mays Director, Electric Utility rte? r 1 { - 25 X 32 X1 - o r ORDINANCE NO. G AN ORDINANCE APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS r UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; APPROVING A MOST FAVORED NATION PROVISION; RATIFYING AND CONFIRMING THE ACTION OF CITY STAFF AND THE CITY'S OUTSIDE LEGAL COUNSEL IN INTERVENING IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 18490; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE 19 PASSED 1S OPEN TO THE PUBLIC AS REQUIRED BY LAW THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SOON 1. On December 12,1997, Texas Utilities Electric Company ("TUEC') filed with the Governing Body of this municipality a Petition and Statement of Intent ("Stipulation') to implement base rate reductions for its retail electric service customers within this municipality. which base rate reductions are components of a settlement reached among various parties set forth in the Stipulation and Joint Application for Approval Thereof ("Stipulation") filed with the Public Utility Commission of Texas on December 17,1997 In Docket No. 18490, SECTION 11, The said rate schedules implementing such retail bane tale reductions are hereby approved as the rate schedules implementing such retail base rate reductions within the I corporate limits of this municipality until such time as the rate schedules of Texas Utilities Electric Company may be changed, modiflod, amended or withdrawn with the approval of the Governing Body of this municipality. SECTION Ill. The aforesaid rate schedules herein approved shall be effective beginning January 1,1998. SECTION 1V. The filing of the tale schedules implementing such retail base rate reductions - being Rider RRD - Residential Rate Reduction, Rider GSRD - General Service Secondary Rate Reduction, and Rider RD - Rate Reduction - shall cotutitute notice to the consumers of electricity, within this municipality, of the availability and application of such rate schedules. The three sold rate schedules are attached hereto and are Incorporated herewith by f" reference, SECTION V. Nothing In this Ordinance contained shall be construed now or hereafter as limiting or modiWng In any manner the right and power of the Governing Body of this municipality under the law to regulate the rates, operations, and services of 'texas Utilities Electric Company, SEC_'110N Vl. Notwithstanding any other provision of this Ordinance, the rates + authorized for electric service in the City of Denton, Texas shalt not exceed the lowest rates « ` f available to residents of any other municipality served by TUEC. 3 ?hn10 32XI0 , 0 SECTION-VII . The concept and methodology of depreciation shifting as advanced by TUEC, and contained in the Stipulation filed in PUC Docket No. 18490 Is questioned at this time by the City Council, which concept might impact upon the ratepayers or the city of Denton, Texas, resulting in increased costs of electric transmission. ' SECTION VIII. That the City of Denton in the Interest of sound public policy has heretofore Intervened in PLC Docket No. 18490 on the 150' day or January, 1998, In order to receive all filings and in order to protect the interests and fights of the citizens and ratepayers of the City. The City Council hereby ratifies and confirms the actions of City staff and the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin fit Townsend, P.C. of Austin, Tastes in filing the City's Intervention In said proceeding on an emergency basis. SECTION IX. it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. SECTION X. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the, day of ,1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: r" HERBERT L. PROUTY, C11 Y ATTORNEY • BY: t1 •4 ~11 t~~ r, Vtureddept'~tlLKlurtlucurrnuWrdMUna~'9W PU IlnlueWfine - 5 ❑ 32 X113 ;,rsxr Tariff for EWft f mIlIa Talus udlm" Elaatrie company AppSe": CW" ExWO6169 041111111 JuMdld" PW~~ 1 MGM Ub: Jalw1N 1 In RwWm: Oda d 3.1.7 Rldsr RRD - Residential Rata R•ductldn i Appllwtlon j Apok" 16 w MW wa nashk w w urAw Raft R - RaaldanIll SaMw, Rd1 NW - It I danlW low uN SOLIMN, Ra1O ATV • RNMaxW Tftek w IanNa, and PAM ATVf . AaakaMW TW*4f-L N SaMw. 10% PAk Uft CWMAGW hN lid "W Oy b%ah If, 1/11, b awm a nod ft IM J M4 ApOWW hx AWwd TIONO OM Aagwd b t 1 - Wis d RaY RNudkna PSYOuldbn~ Mad wMh M► " ON"* OW W I% VI %d Ind 101' l 0A WFO aahadula by baroh 51,1IM, Sn Cenpany +TMy wnnkixa Na baw nM nOveSMn WWII COW NIw1x k SM SOUWJ n Ire a x any urtr Munahar, uow ~I~Mq oil w"keke and"CRY two wwkd wow. In 1% awxO"CarWhwm Owes nd yprowlYMdason, tliM irM-w1iNW wYl aulanasoab MnnNW N 01 t% daM I% Canwaten anWd M O~Mr InanaWaM T% (I/awNaM d tlN aPpw nxa whWuM an npbhad a+y w ahMn hMaN, i Monthly ft b In aawNan 1 *0 N WW Of ft yobwbM Mb add", NOW OW fM - All wdaf I% PW MM". "*AM SM pwwad b NW PC • Wd CN1 fadx, M Ok"d by %f ant WMP M w 00 4" 1, ISN, ant IA% W @1 bdlMla M df mW jwvAi 1. ION. 1 rr 01 w TON (AIMMI I"% Comw Aw A l Nddab 11.0 - 26 10 32x1[1 l • TarMr rot EM*k Mrvits s t a«wrN saga Taxes U01 Idea EWWO company shw.. 21 Appk": COO Exwe" Oe*w JwNdWM Pw 1 o11 Efkd w OW: Jw"n 1, INK R"M Or iUr' ' 3.2.24 Rider GSRD - General Service Rate Rfduction Applioadw AppAooblo b w W"01 ~unta under PAW 00 • OMW 1oMU SOW48ry ad MA OTU • Oeww s"W ssw4ory Tlrtw etilJw OW r+y nom. oft puck V4" Co A%w hand u1M by Mon h 31,111, to opprow a *d dN lllpulNbn ad Jewel ly/IleNbn M Apporse Tro7e► ri I4iwd M kmudiW RrM Mduatlem 1'ItpulMfen711rd wNh IM h the e boo kn rw M Deolrt Ne. Iwo, w dw Cy nw na err irM ~dnerr M tlaah s1,1 NI,1N YN con C ua CMy t pp 40 =wo t»w nduatlar ww a1 dna wp~aY d dw i1+~n 1Nn a day unrtMntoAa, west 1µ 1ynpo wdu pAa MM. to 1M WOM tM CanlM" dM1 na OPIV~ tM 1Mpurlkn, l'r W* odNdufi wlTwftff4 e * Wi P im u of tM dor dN Co MA" ~ M ado randwnl We nN UPWA n. TM w"W" of ft Vok" aM um". w «+y *Pk" (*M. an nwow air w dkMn, Wo. Monthly Raw In wl0adala WIh IM wn% d 1N dopk" rw W o", aap rid to aia"R wNN Mel gplooYr riN k1N A ' 4XIkId t IO Map1 purwr+l b RIMr pC • r'w~t Cad f rke, r ndudrd ►r t% M YI bpMnM en a Mw Jaway rMl, i I I~ , J ~r f .r *M? Tye Vim" 1"t ca "ft Rpfl kmk* H H 8 TS x 10 32X1Q Tariff for ENotrlc 8arvko 3.4 o1hK Tau$ UtklIfts Ekctkcompany f shot le 4 CO" E,"daln0 or hradWm paps 1 of 1 J v 1.141M Flavi O: 2WIUI 3.4.18 Rider RD Rats Reduction E Appll@MM A OAwba M M WIM awamoro owy whoa w4W rata oahoduloo odor Man ft" a ww Rk* MD of Rasar Oa110 an aPOloaba. M da fhAk wMb CanrnNaian hn not araod by MaraA ~ I,1M1, a a0lrwa or nioal M+a MMuWOn MO Jo1M :100 fa App" ThVW and moo d fm ko*M mate It AwlshM fMawaae^1 aad wan r+~ fwnn~wan In ooolat No.1 o~bn , M/ 0* Gay hN nal o~rw~llhM YrMI oalrliM h~ AwM 11, t/OI,1M CentlMr ~r Nmoua IM bow rM1 ndwlkM MI NI otl+ar upwh ot1M N~uloWn Mon a u Mr 1Nra NMia11N, Ww+ eN GMtvnlwiM NN GM MO woobo pMr aeYw In IM MM IM CV%Nu Or/N Yre w o w w "0 4 MWMYeh M+a 1~adtM wa aularnalwly tannbrN w M tlN IMO 1M CanrnNabn Man M tw p oo al MN a/laoaba fMo Iohadda, NOMMiae any aorawba ddm, an Tod" 6* w ahdr el hMN. M mthly ma t ay ~atoafeaaa wiM M• lornw of ft f w aoRalaa, MM M. anaufd wwr w allitaw r.w aahadrr, w Md RTf+° u"w`~t%r:i" FO r dolW ON la+ry a n "MW by I % r.. y@I bow or . r1 low R". n 4' i I i , 016#1 taw VON 1"m C~Y ttaM aahaldol lf.l ~ 7 Agenda No. hgsnda Item Dale AGENDA INFORMATION SHEET j I AGENDA DATEi February3,1998 DEI-, RTMENTi Finance i CM/DCM/ACM: Kathy DuBose, Assistant City Manager of Finance , SUBJECT - An ordinance directing the publication of Notice of intention to issue Certiflcates of Obligation of the City of Denton; and providing for an effective data BACKGROUND- This ordinance provides the Notice of Sate of Certificates of Obligation which authorizes the Issuance and publication of the notice of sale for $5,625,000 of Certificates of Obligation, Series 1998, The bonds will provide funding of $5,625,000 for a city-wide Infonnation management computer system ($4,000,000); police depaatment radio equipment ($130,000); renovations to the Denton Municipal Comple,t ($713,000); renovations to the Fire Station ($485,000) and it city-wide automated flood waming system ($260,000) and costs for Issuance of the bonds. PRIOR ACTIONJ FYIFW (Council, Boards, Commissions) All of these projects were approved in the 1997.2002 Capital Improvement Program (CiP) and were reviewed by the Debt Management Committee FISCAL INFORMATION The Certificate of Obligation, Series 1998 will require an average annual debt service payment of approximately $363,000. Respectruliy submitted: Diana a. Ortiz i Director of Fiscal Operations ared by: • P J-) Om c7 -~U Lee Ann Bunselmeyer / Treasury Analyst 1 x 3 2 43 • ORDINANCE NO.98• AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE ~ CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, It is deemed necessary and advisable that Notice of Wentlon to Issue Certificates of Obligation be given as hereinafter provided. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are hereby adopted and approved, and made a part of this Ordinance for all purposes, Section II. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two cone ive weeks in a newspaper of general tiro lation in the City, with the date of the fast publication to be at last fifteen (I S) days before the date tenwivdy set for the passage of the Ordinance suthoriring the issuance of such Certificates of Obligation. Section Ill. That this Ordinance shall become effective Immediately upon its passage and approval. a , • 2 _ 25 x C] 32XIO o i PASSED AND APPROVED this the 3rd day of February, 1999. j Jack bfdler, Mayor ATTEST: Jennifer Wafter, City Seaeluy APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney Hy: s i 3 32X 25 x • Agenda No...Z Apsnda itsm Date AGENDA INFORMATION SHEET AGENDA DATE: February 3,1998 DEPARTMENT: Finance CM/DCM/ACM: Kathy DuBose, Assistant City Manager of Finance SUBJECT - An ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. BACKGROUND- This ordinance provides the Notice of Sale of General Obligation Bonds which authorizes the issuance and publication of the notice of sale for the $9,660,000 General Obligation Bonds, Series 1998, on Tuesday, April 7,1996. The bonds will provide funding of $9,660,000 for various drainage, parks, transportation, building, public safety, and information services. Please see the attached listing of projects to be funded. PRIOR ACTIONIREVIEW (Counclh Boards, Commissions) These projects were approved in the 1997.2002 Capital Improvement Program (CIP) and were reviewed by the Debt Management Committee. FISCAL INFORMATION The General Obligation, Series 1996 will require an average annual debt service payment of approximately $800,000. Respectfully submitted; 01 i a G. Ortiz 1 Director of Fiscal Operations Prepared by: f ✓~kk C W Lee Ann Bunselmeyer 0 Treasury Analyst I 1 25 10 32X IO { saN@O 1 f . ..............~~..n..~•~r~..r..w.-.a.n...a«r.r.~.wl.r+AMIY/r NYsNn k.MAY,YMNM~M1iaiMAYYNaNWMTMrAs y!M'Y'! n CITY OF DENTON, TEXAS $ CAPITAL IMPROVEMENT PROGRAM im-2002 CAPITAL IMPROVEMENT PLAN Dl GENERALCOVERNMENT c IMO e Nou"D AID TOTAL DKKAt- MOJECT Tow" AVM INMIRIL OTHIR CRY W PRMCT AND lNIN111lD UNM*= • hoe" CON" COSTS WANT. .V.4 d1!/DEP7 NUMIIR PROJtCT NAME M5,am 115000 mom 9195 GI'np6 061060 00, or Dd6n IC4.Ma16CQ"1 50,000 Sam 50.000 100 1} 96 GMp6 061011 Ua9146 Se461Qr1Wp 160,000 150,000 150.Wo 1.000 91 u8 Dl 'W 061060 PN1cIW /1/11410 WW 111406 126,000 121.000 125,000 9t 96 Grn4W 081016 RrncAE41du01rno14•PHI 12S,000 125.000 425000 1.000 9140 Grupe Of 10620 L+*CDWC60'JkVm PHNI 216000 MAN 264000 9194 {6 rr'pe 041042 PKW Co MM4h"go Urn CIW O 002000 502000 07000 9198 IA rnJge 081041 Peon CA SgCInw4110 Ru00e4 1.000.000 1000,000 1,DODDOr 4194 Grupe Do 1004 Peon Cleal TiA PECJ 121121 54,000 54.000 54.000 019d Grnp4 041062E 'A4C Die. Cpld ur4q.4.6 PH V 270.000 24000 174000 91-A G+npe 041062E AMC P on C49,111 WV b P" 014 250,000 2WA00 250 ow 9i 96 Grv24 061026 PN6n C.M 0,44W 700.0013 TOO am 150,000 450 ODD 9190 Pr11 006321 DoorHoem"m606r16 250000 250,000 214'00 2,000 91 ,e rr61 006301C U0780 Jos" Pr41 PHI" 1.0130,4.0 1,000.000 I.M0.on 11,000 9198 Pr1/ DN321 E+W W o" S N toot SIC CM ,!00000 9t 90 Pr11 0061050 A4144C FKA110I R66O, A 0" PH NI 500,000 Wo ON 9195 Pr11 W6325 0614AC f1604 lddk&* i IFVM 225,000 9t 96 1'rn pet 011C ?lift S,yw1 PH 61 226.000 moo ' 9195 hrn 001072E Shoo C"Ourw PHV 1M,000 110,000 110000 1.117.000 1,117,000 1,114,000 9t yd 1r1 001071 Mr4N hI1eA ROM PHN 51000 VAN 14,000 9196 }ern 001099 Er4T4 D NI 56NM6N1 11,900 21000 26o00 1a 9196 }'r,9 00!091 Rn96 ROe 9S4e.r6N 142,000 142000 142,410 9199 I, o'1 WOW &*,,A U6A/we14 PHI 450 ma 1''.000 150,000 q r 96 I'r'1 0010770 S9 to RemottvC606 PH m 64 ma 40000 410.000 91 98 h o o 0014.6 Co" St F^ i Pan PH N 116000 115 000 950 500 1.214.000 171,000 M k 91 98 15"*toy OW12 I*<}14r'aaW PH N 2000400 6000 000 1.000 ODO 9191 rub 511e1q 00101 PH NICrPuk 01POS C"InA614n 1.000 ,000 2,000,1300 6000,470 1,0139000 . 4198 64. 001001 0111 P1x111rgT61eq 51!1116 0 1, 19 -0M---T4 !17,000 1300 1W290 759. ' CNMMSIr9an 415 Wo 465.000 9191 11U1'9 R4ro.oN 260000 210000 260000 1194 Grn•y1 h6MWMfbM Y9/14111 e+Y616m ISO 000 t II 000 000 I It 000 .100 T 009 1 + The General obligation Bonds, Series 1998 will provide funding for various projects listed as authorized unissued. 1rAkYl crNsafn to oM'O wn, VW be1111t6, 9660606' 16 AM 1616t"" M00*0bd Id Qwhy 3arvkl' - - 32x4 y.Y-~ MEMO" A ORDINANCE NO.98- AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS " COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; Section 1. That the City Secretary is directed to issue it Notice of Side of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $9,660,000 GENERAL OBLIGATION BONDS SERIES 1998 The City Council of the City of Denton, Denton County, Texas, will receive scaled bids at the Municipal Building, 215 E, McKinney Street, in the City of Denton until: 11:00 a m., C.D.T., Tuesday, April 7, 1998 for the purchase of $9.660.000 Ct=4t ObH&mign Bonds. Series 1998 to be dated April 1,1998, and to mature serially on February 15 of each year 1999 through 2018. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the dale of sale All sealed bids will be publicly opened and tabulated before the Council • Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about March 24, 1998, and will be furnished to any prospective bidder upon request, by First Southwest Company, $00 First City Center, 1700 Pacific Ave., Dallas, Texas 75201, Financial Advisor to the City. •f The City reserves the right to reject any and all bids and to waive any and all irregularities. . • J By order of the City Council of the City of Denton, Texas. JENNIFER K, WALTERS City Secretary City of Denton, Texas 3 I 7~i 32XIO ttl Section ii. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond We notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at leant thirty days prior to the day set for receiving bids. r Section M. That this Ordinance shall become effective imrnediately upon its passage and approval. PASSED AND APPROVED this 3rd day ofFebrwry, 1998. Jack Miller, Mayor ATTEST: Jennifer Waite", City Secretary APPROVED AS TO LEOAL FORM: Herbert L. Prouty, City Attorney By. ' 4 s 4 Q 32x, II Now= • i Agenda No ' Q Agenda hem Da INFORMATION SHEET AGENDA DATE: February3,1998 DEPARTMENT: Finance CMIDCM/ACM: Kathy DuRose, Assistant City Manager of Finance V 10 SUS - An ordinance &ecting the publication of Notice of intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date. BACKGROUND- This ordinance provides the Notice of Sale of Utility System Revenue Bonds which authorizes the issuance and publication of the notice of sale for the $7,175,000 Utility System Revenue Bonds, Series 1998 on Tuesday March 24,1998. The bonds will provide funding of 57,175,000 for utility distribution ($3,000,000) and utility lines ($3,500,000), additional reserve requirement, and costs of issuance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) These projects were approved in the 1997-2002 Capital Improvement Program (CIP) and were reviewed by the Debt Management Committee. FISCAL INFORMATION The Utility System Revenue, Series 1998 will require an annual debt service payment of approximately $500,000• Respectfully submitted: Tana O~Ort~z Director of Fiscal Operations Prepared by, • • iWo, Lee Ann Sunselmeyer / Treasury Analyst 1 25 x d 32X [I • 0 r ORDINANCE NO. 98- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary arul advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the City Secretary is directed to cause the following notice to be published in the "Denton Reoord-Chronicle", which is a newspaper published In, and having general circulation hk the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be on or before March 6, 1998, being at least fifteen (15 days) prior to the date upon which the City Council intends to pass the Ordinance described In the following notice: "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1998A Notice is hereby given, in accordance with law, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held commencing at i I ,00 a m„ on March 24, 1998, at the Municipal Budding (City hall), an Ordinance authorizing the issuance, We, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable In installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1998A", in the maximum principal amount of $7,175,000, to 1 be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance, Said bonds will be authorized, issued, sold and i delivered pursuant to Articles I I I lb, 1112, 1113, and 1114, Vemon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of obtaining money for improvements and • extensions of the aforesaid "System". CITY OF DENTON, TEXAS" By Jennifer K. Walters City Secretary 2 - 1 25 ~0 32X[) b SAM . _ r.w y.,r Ly ~ha a..rtr..h Vrn n. ~I Section 11. That the City Secretary Is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE " CITY OF DENTON, TEXAS $7,175,000 UTILaTY SYSTEM REVENUE BONDS, SERIES 1998A The City Council of the City of Dalton, Demon County, Texas, will receive sealed bids at the Municipal Building (City Flats, 215 E. McKinney Street, in the City of Denton until: 11:00 a.m., C.D.T., March 24,1998 for the purchase of $7173 000 Lh ty System Revenue Bonds. Series 1998A_ to be dated April 1, 1998, and to mature serially on December 1 of each year 1998 through 2017. Seated bids, plainly marked "Bid for Bonds% should be addressed to "Horror Nc Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale All sealed bids will be publicly opened and tabulated before the Council Copies of the "Ofcial Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about March 10, 1998, and will be ibmished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Avenue, DJA Texas 75201, Financial Advisors to the City, The City reserves the right to reject any and all bids and to waive any and all irregularities. , j By order of the City Council of the City of Denton, Texas JENNIFER K, WAITERS City Secretary City of Denton, Texas A 3 25 x 0 32 X 0 • Section M. That said Notice dull be pubfshed one in The Bond Buys, New York, New York, which is a national publication regularly and priman' y eurying financial new" and municipal bond sak notice"; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newapsper of the City of Denton. Said publications awl be made at least thirty days prior to the day set for receiving bids. Section IV. That this Ordinance shall become effective irnmedistely upon its passage and approval. r ~ A i i 4 ~ ti'x 32XI • o I PASSED AND APPROVED this the 3rd day of February, 1999. Jack Miller, Mayor ATTEST: Jaaaifer Walters, City SeQvtUy APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: I 1 i s 25 10 32 X I Q Moog Mks" 0 Agenda No. I AGENDA INFORMATION SHEET Agenda Item _ Date " AGENDA DATE: February3,1998 DEPARTMENT: Planning and Development DCM: Rick Svehla, 349.7715 TW SUBJECT Consider a request for a City Council determination that there has been a substantial change in conditions in the area of Hickory Creek Road and Teasley Lane in a twelve- month period to warrant a reconsideration o£a prohibited rezoning request. If Council determines that a substantial change in conditions has not occurred in the area, the petition to rezone may not be heard until twelve months from the time the previous petition was withdrawn. A City Council determination that a substantial change in conditions in the area has occurred will allow a petition to rezone the subject parcel to go forward in the process before the twelve month period has expired. A map of platting and zoning activity in the area since May, 1997, is provided In the back-up. BACKGROUND At its meeting of April 23, 1997, the Planning and Zoning Commission recommended approval of a zoning request to rezone a 32.387 acre tract of land, located on the north side of Hickory Creek Road and approximately 1,400 feet west of F,M, 2181, from Agricultural (A) to Single- Family 16 (SF-16) zone district. Subsequently, staff provided notice on April 20, 1997, of a public hearing to be conducted by the City Council to consider this request at their meeting of May 6, 1997, The public hearing was then postponed to May 20,1997. On May 15, 1997, staff received a letter from the applicant [attached] requesting that the project had been terminated, effectively withdrawing the item from consideration. There was opposition to this request at the Planning and Zoning Commission public hearing, primarily related to the issue of drainage. In December, 1997, staff accepted and began processing a rezoning petition for the same p: reel • of land. The request was to rezone the parcel from Agricultural (A) to Single-Family 7 (SF-7) zone district. Just prior to the scheduled public hearing at the P & Z meeting of January 7, 1998, staff determined that the petition for rezoning violated Section 35-7(b)(6) of the Zoning Ordinance and could not go forward unless City Council made a determination that a substantial change in conditions in the area warranted reconsideration of a rezoning pctilion, Section 354(b)(6) says that no pctilion for a change in a zoning district shall be heard for a Q particular parcel of properly if, within twelve (12) months, prior to the date of such petition a petition for a change of zoning for the same or less restrictive zoning district for the same property was denied by the city council, or the prior petition was withdrawn aner the giving of i public notice therefor. The code prorldn that CIO Council may make a determination that a substan flat change in conditions In the area warrants reconsideration of a petition. , K 0 zXIC1 • r ll ESTIMATED SCHFDUL> OF PdQJE If City Council directs that a reconsideration of a rezoning petition for this parcel is warranted due to a substantial change in conditions in the area, the item may be considered at the February 25, 1998, Planning and Zoning Commission meeting and a recommendation presented to City Council at its March 17, 1998, meeting. PRIOR ACTION/REVIEW At its April 23, 1997, meeting the Planning and Zoning Commission recommended approval of a petition for this property to rezone from Agricultural (A) to Single-Family 16 (SF-16) zone district. The petition was withdrawn prior to its consideration by City Council. FISCAL INFORMATION No fiscal information has been presented. i II3AE Attached Respectfully sub ' avid Hill Director of Planning and Development Pre red by, / 1 ark Donaldson Assistant Director of Planning and Development • 1/ ~ r a. ur,r 25 x n 32XIO :uwtrrs~i . 6 :w+~s WEATHERFORD CO. COdfWYCJAI, REAL MATE January 14. 1998 Mr. Mark Donaldson Planning Department City of Denton City Hal! West 221 N, Elmi Denton, Texas 76201 RE: Request Denton City Council Allow a 74ning Request to be Filed on the Following Property: 32 748 acres out of the Eli Pickett Survey, Denton County, City of Denton. Texas Dear Mr. Donaldson The undcrsignod hereby respectfully mquests that the Denton City Council allow a zoning roqucst to be filed on the above referenced land Permission is necessary because a rating change rcqucst was trade less Ow 12 momhs ago, and that request was withdrawn Land in the ittunodiate area is presemly toned SF-7 and preliminary ptats containing SF-7 lots have ban recently submitted to the City and one has been approved, The approved preliminary plat is (of 700 plus lots on land across Hickory Creek Road and just south"cst of the subject property. The preliminary plat on another property which is also toted SF•7, is eurrcmly being reviewed by the Cite This property is directly south of the subject tract, across Hickory Creek Road and contains 62 acres yielding approximately 200 kxs Additionally, an 80 acre tract, known as the Johnson ranch. was recently approved for SF-7 zoning. This property is north and east of the subject tract. We have no known objections to our toning request and have tub Idlers or support, copies of which are enclosed here" ith. Therefore, our spaific request is that the City Council consider making a determination that there t has been a substantial change in conditions in the area of the property that would warrant a r"xatsideration ora rczofiing request Vcry truly yours. Mark Wptherfo/r~d i / I Austin 9! MW JAIkm 4332 Hanover • Dallas • Texan 75223 • Telephone 214 363.2013 • Fax 214 363-2098 • Mobile 214 729.1281 3 25 x 10 32xIQ 'Jan-20-96 06t63P P.03 'Jan-34-9ti 22tOlP CONNELL COMPANIES 214 367 4953 P.02 z 1 r i , The Connell Com nlesx P.O. IOX 541037 • Oawm, r•tl, yf454•1051 . 114f 3SN19/ lanutry u,19yg Plnming end Zaninr Commooloo City 0115010 a Ann- W. Donne Eatmm Ae: Zoning of 22 741 gene out of the Ell Pldutt Sufvay. Denlas County, City of Donlon, Tau to IF-1 Uat W. Balenun. 1 tan the owner of the ptq mmy which U 1111y kot (30') due am of the mubjal land f hervby "00100 my p v"" for ft rqugtmd toning m490et 101h0, folwmeir4 0048teua6n4i TM ummmomt dot el fole would be ton0d SF.10 u weoid & womemmom iW of 1010. i Pete Cona011 PdeC 'I. Is 1, 1111 Mki Nad+wOa highway Me 2301 ~ MR" Irma TWO ~ Fu (114)100011 o , Jan-20-08 06263P P.04 8/nt by: Wo"Clntef 250 9404643745 0113196 12:0?Pu job sit PACO Q!2 ~~~N~r•~ 110; r Jen 43.98 04102p j , P.OI 4 ela^n7ng Intl Toning CO%Wllion Cqy of Denton At:n tilt I)otw 841MUa i RI Zoning J02 74N kvw out oflhe pfchRt SewsY t7entun Coumy, C'Ity ue Demon, raw to 8F•7 i Dar Min. J am r~K owner of the property WNCh IS IA NMI to Md due north t hereby register ray t:lppod for the requolted toning of the wbj Ict 1'ery 1 iiy yOur% Dwight Chompson • i i i 5 32X~❑ , r s , raaraAta o ' Section 35-7(6) of the City of Denton Zoning Ordinance (6) No petition for a change In a zoning district shall be heard for a particular parcel of property if, within twelve (12) months prior to the date of such petition, a petition for a change of zoning for the same or a less restrictive zoning district for the same property was denied by the city council or the prior petition was withdrawn after the giving of public notice therefor; provided, however, that the city council, upon finding that there has been a substantial change In conditions I In the area In the twelve-month period that would warrant a reconsideration of the prohibited rezoning request, may allow such petition to be heard. For purposes of this subsection, the agricultural zoning district listed first in the heading of the schedule of uses of section 35-77 shall be considered the most restrictive zoning district, and each zoning district thereafter listed In succession In such schedule shall be considered to be less restrictive that the prior listed zoning district. The provisions of this subsection shall not apply to applications for planned development zoning districts. Section 35.77 of the City of Denton Zoning Ordinance Schedule of zoning districts: bbrerWed Derfgnation Zoning District Avrmt p, Agricultural SF 16 One-family dwelling SF-13 Onedamity dwelling SP-10 One-family dwelling Sr. One-family dwelling 2•F Two-family dwelling MF.R Multifamily restricted NIF•1 Multifamily dwelling-1 W-2 Multifamily dwelling-9 P Parking i OAR Outdoor amusement and recreation 0 Office N3 Neighborhood sorvice OR General retail 0 Commercial CB Central business Li Light industrial ' H1 Heavy Industrial PD Planned development 4 G. ^?5x ❑ 32XIO .n+wtuw 0 Staff Finding Section 35-7(b)(6) of the Zoning Ordinance j No petition for a change In a zoning district shall be heard for a particular parcel of property if, within twelve (12) months prior to the date of such petition: D A petition for a change of zoning for the same or less restrictive zoning district for the same property was denied by the city council, or D The prior petition was withdrawn after the giving of public notice therefor. In the case of Z-97.034: The same parcel of property was the subject of a rezoning petition (Z-97.007): Public notice was given: Mailed notice for P & Z on March 27, 11997, and Published notice for City Council on April 20,1997; D P & Z recommended approval on April 23,1997; • The petition was withdrawn on May 150 1997, from the City Council agenda of May 2001997. It Is staff's opinion that hearing the petition at this time violates the cam. i Jul" 7. C1 32 x `O o PLATTING AND ZONING ACTIVITY SINCE MAY 1997 SOUTHEAST DENTON a n a N S~ HICKORY CREEK R 1 Subdivislon Case No Zoning No. of Lots • 1. River Oaks PP-97-108 SF-7 & SF-10 633 2. Hickory Creek Ranch PP-98-001 SF-7 218 3. Oak Park Village Z-97-031 SF-7 337 4, Ridgemont Addition PP-97.041 SF-7 & SF-10 74 • e i~t,' v - - 25 K 10 32 X I O A 0 i PLANNING AND ZONING COMMISSION REPORT STAFF REPORT I SuWact: Hickory Creek Road Case Numbs r: Z-97-034 6m: Jason E, Cosby, Planner III Q&: January 14, 1998 GENERAL INFORMATION Appllcant: Weatherford Company 4332 Hanover Dallas, TX 75225 Owner: Mr. Joel P. Austin 7606 Gloucester Lane Chattanooga, TN 37421 Action: Hold a public hearing and consideration making a reoommendation to City Council ounceming a request to change the zoning for 32.748 acres from Agriculture (A) zoning district to Single Family 7 ($F-7) zoning district. Location and Size: The 32.748 acre tract Is located on the north side of Hickory Creek Road, approximately fifteen hundred (1500) feet west of FM-21811. (See Enclosure 2) Surroundin Zonin and Land Use: IDSATS zOf m LAND USF, 1 North: Agriculture (A) Single Family Residences South: Single Family 7 Single Famly Residences i (SF-7) East: Agrlcullure (A) Single Family Residences West. Single Family Single Family Residences r (SF-7) A' Denton Development Plan (DDP): Low intensity Area #86 (108% allocated) • • Te sub ect, prrop property Is MATION platted and platting the property will be necessary to develop the 1 Th property as proposed. Public Improvements needed to support this development will include the extension of water and sewer lines to the property, installation of fire hydrants, construction of sidewalks, Interior streets, and others. These Issuer will be addressed during the platting phase. ;p.> 2 In 32x ❑ s o I i BACKGROUND The property w:,s annexed Into the City Limits and zoned Agricultural (A) zoning district In Apri11986. The Planning and Zoning Commiss on recommended approval to the City Council from Agricultural (A) to Single Family 16 (SF-16) on April 23,1997. Before the City Council met, tho previous applicant decided to terminate the project. NOTICE I Nine (9) propsi ty owners were notified of the request on January 2,1998, As of this writing, one property owner called in reference to properly ownership and no reply forms were returned In reference to the subject property. ANALYSI The table below will provide a summary of the Plan related analysis for this project, Denton Development Plan Policy Analysis Summary Low Intensity Area oevelopment Rating vs, PnYcy Slgnihcanvy Somewhat Consistent POLICY COMMENTS t nomsWent Inconsistent To be croslstent wM the Plan, a The threshord is 60 trips per oaf and this development should not exceed its Aaproposed zor,ing A WOW e7 trips per allocated Intensity. X There are residential properties adjacent Strad sae plan control within 1,600 Feet or to the MJect property, Site plans will be existing bw density realdentiat. reviewed during the pattirng process X Traf4k dew to ensure tint Muid-Pafdy or Non-Residential uses have Access to Not AWcable collectors or larger arterials with M dired saes through residential streets. Sufficient green space, receationat Not appllcable, These Issues wla be fadlites and diversity of parks are provided resolved at platb'ng, . Input into planning by neighborhood A neighborhood meeting suss not held. awdations and Councils Are encouraged. r n Nelghtxxhood serwca tenter Is 9roD~ed, ,RM enca,raged. The proposed use Is residential. Non • separation residential use is not proposed. X i Any form d continuous strip correwdal development b strongly discouraged In or Non residential is not proposed. near low Intensity areas X The ks$yof the ttapa Snot TUre Topography are, how", several protaded trees m • • the Mary that sum need to be $d f". X Low lntertllty Area Dented 2 The pMWy purpose d "se areal b to Wdure the "A lard usytrAnspalanon bwnce by O*AS V ~ the overall density and Intensity. fanner, Vim arias represent ~ tausing areas kt the City of Denton. Thus, tat Anlm O*k empMl:e residential use hstead of a tdom of red6enW And nonrsaidennat. 10 32XIO 0 RECOMMENDATION Staff recommends approval of the rezoning request based on the below comments: • Consistent with the City of Denton Development Plan. • Adjacent tracts are zoned Single Family- 7 (81'.7). • Meets the standards of the City of Denton Zoning Ordinance, h MOTION I move we recommend approval of 2.07-034. ALTERNATIVES 1. Recommend app, oval as requested. 2, Recommend approval with conditions. 3. Deny the request, 4. Postpone consideration. ENCLOSURES 1. Site Map. 2. Zoning Map. i i ~p 25,x 10 32XIO • 0 ENCLOSURE 1 NORTH 97.034 (Hickory Creek Road j ~ A t0 .t to 01 v i i Ryon, Road Rm-kiso,rt Road SITE .hb.tln Wcaa • 4ckorv Creek Road 1 Site Map lite.' 1114198 Scale: one f - 25 x 10 32XI❑ • o . ENCLOSURE NORTH 97.034 Hicko Creek Road Y ....r I h~ PD 22 t ETJ I" r. ETJ 1 M+ r A A 1 ~ I I ' i S~a I Ln r A F-714 E SF 7uv SF-7 ♦ I 1 ♦ f' I'A t~ Zoning Map I e ; 1114198 Scale: one 10 32XIO o CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Councll FROM: Rick Svehla, Deputy City Manager ` DATE: May 20, 1997 SUBJECT: Hold a public hoeing and consider an ordinance to rezone 32,387 acres from the Agricultural (A) zoning district to the Single Family 18 (SF-16) zoning disfAct. This tract Is located on the north side of Hickory Creek Road, approximately 1,400 feet west of F.M. 2181. (Z-97-007) RECOMMENDATION: The Planning and Zoning Commission recommended approval of the rezoning request (7-0) at Its rreeting on April 23, 1997. I SUMMARY: See Planning and Zoning Commission Report, RACKQROUND. See Planning and Zoning Commission Report. PSOQRAMS. DEPARTMENTS !2'8 GROUPS AFFECTM Not applicable. FISCAL IMPACT: None. Please advise if I can provide additional Information. RESPECTFULLY SUBMITTED, Rick Svehla • Prepared by. Deputy City Manager na Bateman Senior Planning Technician Attachment M1: Planning and Zoning Commission Report. • • Attachment #2: Draft Planning and Zoning Commission Minutes from 4/23197. l ~f Attachment 0: Ordinance. /f. J 25 x 0 32x~d 1 , I 0 I ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council i From: Planning and Zoning Commission Date: May 1, 1997 Subject: Z-97-007 GENERAL INFORMATION Applicant: Neal Heckel Goff Homes 2853 Tarna Drive Dallas, TX 76229 Owner: Jackson College of Ministries 1555 Beasley Road Jackson, MS 39208.2022 Action: Request to rezone from the Agricultural (A) zoning district to the Single Family 1e (SF-18) zoning district. The proposal Is for a single family subdivision consisting of approximately 49 half acre lots. Location and Size: The subject property consists of a 32.387 acre tract located on the north side of Hickory Creek, approximately fourteen hundred (1,400) feet west of F.M. 2181. Surrounding Land Use and Zoning: LOCATION ZONING LAND USE North; Agriculture (A) Single Family Residences South: Single Family -7 Single Family Residences East; Agriculture (A) Single Family Residences West: Single Family - 7 Single Family Residences • Denton Development Plan (DDP): Low Intensity Area #85 (106% allocated). SPECIAL INFORMATION The property Is not platted and platting the property will be necessary to develop the property as proposed. Public Improvements needed to support this development will Include the extension of water and sewer lines to the property, installation of fire hydrants, construction of sidewalks and Interior streets, These issues will be addressed during the platting phase. • • Page 1 Ar" - r.; I 2.5 ❑ 32 X ~ ~ 1 ',P eaYNCaf BACKGROUND April, 1066 xa Property Is annexed Into the city limits end zoned Agriculture (A). NOTICE Nine (9) property owners were notified of the request on March 27, 1907. One reply form has been returned In favor, four have been returned In opposltlon, and one has been returned undecided. The four reply forms that have been returned In opposition equal 27%: therefore, the 20% rule wait apply in this case. Thet able below Wit provide a summary of 'he Plan related analysis for tHs project. Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Pocky POLICY COMMENTS elgnih "y ecnwwhd consistent IncorrlsSe# IneomMent To be canskeerf with Ihs Phan, a Mocafad hteraily (ade0rq zw*V) dwdopmfrd should not exceed Is coif 07 kips x aelloeald Womoky. Aelua l We" (preposd senkp) a 047.74 kips eukt sile plan control within 1.600 feet of There are resldedlal prep f es discord exlatkp low density rssldonl a1. lo N eubjeot property. No site plan will x be rwbwd. Trsffk design to ensure that M6"smlly a Nor~RasWedW uses We aocese to Not Applicable. canedon or larger AAeWs with "direct secess through reelderdlal aborts seclrm green specs, roweelNxrd fecilillo surd diversify al parks are Park plan N voluntary. proandd. Input kilo plarntrp by neighborhood A nalghborhocd moo wa herd on x assoclacns and councils Is encouraged. April 21. 1007. Nolghborhood amico cantor is Not Applkabla ~ja ?I anaoanagd, es srsdon The propomd the b rsskfentlal. Non x i P rsakferdial we Is mail prod. Any form of CW&%rouf strip eommsreral x dwelopmac Is skangly discouraged In Non IeUQer#W Is not proposed, or MY low Womolly ereaa. The tepepraphy of the lend would not aA o with d}eeeM prepMNa Them x T:gegraphy at@re, however, (weal prdreld roof on 0a property the will need to be addresad Page 2 . lie. Lam 25Y1a 32x10 • Lew inlw%ly Ana Dented She P*m" pwpae d to$ weu Is b verve 1M VM4 Iwd wW &%PMIOw bWw" by ow*oMwQ tln ouweM domky end Wwrlty. FwV w, these weal nplMwi v*ryN hone rw In the Cdy d Dwdon. Thus. the" ww ehWd wnpMdee rMWwdW ua VM"d d e m e d neldwdW end nonwlderdW. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with other conditions. 4. Postpone ooneideration. ENCLOSURES 1. Location Map. 2. Surrounding Zoning Exhibit I y Page 3 x 25 x d 32X 1 r Avow i I r ENCLOSURE 1 Z-97.007 (Mckory Creek Road) NORTH 0 0 SITE 0 0 0 • ~ rlr t 0 F~ c c , Data 443/97 Stales None r. 25 x ( 32 x I O r , h , s i~ , f . ~uE^e.3-°'4 Y~`.if~h'z'~.~ d r'si7.4 ~"«}"t:, n!~.., ~:f!r."ffk~«..r ,A'rM"K, ..:~FE?jf~''•~` .tai ~+,h ~'~~rc3s ~Af.F`;> ~k+"1'E;441f}'4t5" ~ 'UP$! 9. 83 i 100 i rrr PD I 22 - JE rr rrrrrrr rrrrr rrr rr ~ A PD ~r r r r r r r r r r r rr rr- •i 1I I 'rrr ETJ i r A A _ rr rrrrr r r r 4 S~d ' r - T ll - rrrrrr. + 1 I r ~r • r rrrrrrrrar~ r SP-7 ` SF-7 r---,- , i Y I. I , w rrr I ~ r 25 K 0 32X 0 r P&Z Minutes ATTACHMENT 2 VAN April 23, 1947 DRAF Page 3 IV. Hold a public hearing and consider making a recommendation to rezone a 32,387 acre tract from the Agricultural (A) zoning district to the Single Family 16 (SF-16) zoning district. The tract is E located on the north side of Hickory Creek Road, approximately fourteen hundred (1,400) feet west of F, M. 2181, (Z-97-007) Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Ms. Bateman: This is a request from Goff Homes to rezone their property which Is a little over thirty-two acres from the Agricultural zoning district to the Single Family-)6 zoning district. The property is not platted and it will have to be platted before building permits can be Issued. Issues that will be considered during the platting Include extension of water and sewer tines, fire hydrants, sidewalks, interior streets, and drainage. Staff notified nine property owners and we received four replies In opposition, one In favor, end one undecided. We have twenty-seven percent opposition therefore the 20% rule will apply. This is a low Intensity area and the alocated intensity for the Ap: tcultural zoning is nineteen hundred and forty-three trips. This proposed zoning would drop the Intensity to six hundred and forty-seven trips. This is consistent with the Plan. An area where this is Inconsistent is that there is no site plan review, This is a straight zoning case. There was a neighborhood meeting on April 21st and there were several Issues raised by the neighbors. The topography of the land would allow for the development of the property, The drainage will be addressed during the platting stage. Ms. Russell: Would the petitioner care to speak? Mr, Neal Heckel: My name is Neal Heckel and t represent Denton Hampton Farms LP. We made the application with our research showing that this Is very consistent with the land use that is In the area. The surrounding properties are SF-7 and SF-10 and from a lot standpolnt this request Is for larger lots with a lower density. 15'e feel that there is a market for larger lots. In other subdivisions that we have done people are responding well to having a lime more room. Se-16 Cows us sixteen thousand square feet but when we get to the platting stage we are actually going to have half acres lots. We feel like the land use Is appropriate and we feet that there Is a market for this. There are a number of issues surrounding this property that we will be addressing in the platting process. We are going to have very strict deed restrictions for our subdivision, for example we will require a hundred percent brick houses, and a landscape requirement. We think we are going to create a quality neighborhood. It is our Intention to address each and every one of the platting Issues. We share the neighbors concerns about drainage and we will address those when we get into the platting process. We know there Is some opposition out there but we are going to do everything In our power to address those. Today we are We to merely address the zoning and we are requesting SF-16, from that we will move forward with our actual design Issues for the subdivision, Ms. Russell: 1s there anyone to speak In favor of the petition? Is there anyone to speak In opposition to the petition? Mr, Ed Bright: My name is Ed Bright and 1 live on F.M. 2181, 1 am )ere In support of my neighbors who have adjoining property to this project. I heard the applicant mention the hundred percent masonry, and the sixteen thousand square foot lot, but he didn't mention the size of the dwelling, I am familiar with Goff Homes and they build fifteen hundred square foot to three thousand square foot homes. I would like to know what he plans to build, And I would also like to know about the drainage. My neighbors and the adjoining property owners have a concern about as A=T X 0 , 32X I O 0 P&Z Minutes DRAFT April 23, 1997 Page 4 variances. We want to we that they adhere to those subdivision regulations that apply to the SF zoning. Ms. Russell; i have a card from Bill and Bobbie Alvaredo. We have received a letter concerning Acme Brick. Mr. Bill Alvaredo: My name Is Bill Alvaredo and my address is 14232 Marsh Lane. My farm Is in the SF-7 district directly south of the proposed development. 1 have a major concern In regards to drainage. My major concem is the quality of water coming at me and the quantity of water. I know this Is just a zoning meeting but I wanted to stress that, and to get on the record as being opposed to this development across the street unless there are some real strict concems on their pan that they have to address. That water drains Into a swimming bole that we use during the summer and my dogs drink from it. 1 don't want any kind of garbage or rubbish coming down there. 1 know that people pour strange things down their drains and they tend to end up downstream. From what I understand their drains are going to pointed right at my famt and that Is the natural water flow. My problem is the quality. When they develop they are going to restrict the flow of water Into the ground which means there Is going to be more water coming towards my property. 1 have spent lots of money developing this property and cleaning out the wash so that it no longer restricts the water. I can handle heavy rains on occasion but I cannot handle a constant water flow. We are hoping to build our dream home there some day. There is no house there now, it Is a working farm and there is a travel trailer there now. Ms. Bobble Alvaredo, My name is Bobbie Alvaredo. Two years ago Acme Brick received a permit to off load water onto our property. We negotiated a mediated settlement with them w be sure that the water when it was off loaded would be clean. Now it will come through this new development, so 1 will have the water from Acme Brick and from this development. I wanted everybody to be aware that Acme Brick has a state permit to do that. They don't do it on a regular basis but if and when they want to then they call to say that they are doing this. They have two big pits on their property and then they have a retaining pit that they pump the water Into. As long as my husband and 1 own the property they have to do that. Mr. Powell: Is It your opinion that this land will be developed sometime? Ms. Alvaredo: We know that this property Is going to be developed and we are not totally • opposed. From the schematics that we saw at the first meeting they are just going to do one major outflow that will get rid of the drainage for them, unfortunately we are at the other end. We have worked very hard to handle all of the natural water that conics through. We spent thousands of dollars to put this land into condition. If they did some type of retention pond where they could let the water out much slower that would be much better. We know that somebody is going to buy , this property and develop it. • • • Mr. Powell; That helps nte. SF-16 Is the largest residential zoning that we have in Denton and you couldn't ask for much more than that and still have it developed residential. You want to make sure that If It Is residential, that it Is developed properly drainage wise. ' Ms. Alvaredo: This Is not a large piece of property attd drainage Is a mayor concem. Mr. Gary Madrigal: My name to Gary Madrigal and my address is 2424 Hickory Creek Road. - R ; 25 v 10 32x1❑ , 6, A , r 4VA" P&Z Minutes ~F April 23, 1997 c Page S hoping that your word Is good and that you will help us maintain the quality that we have out here. This is some of the prettiest land in Denton County wO there are large trees on the property. I am not comfortable with what Is being proposed. I think the developer can provide more green space and 1 think they should be able to handle their own water. What doesn't end up In the Alvarado's pond will end up in my pond. I don't think we have gotten very good Information concerning the expansion of Loop 288 on Hickory Creek. I have my house and buildings there and 1 guarantee if it Is rat handfed correctly they will be flooded. We have a quality of life out here that is superb and I think the developer can do better Ms. Russell: What do you think would be proper zoning? Mr. Madrigal: If you look at the plans, I think the developer can do more green space, a park, and a tank to help handle the water. Ms. Russell: That will all be addressed during the platting stage and we cannot address those here tonight. N'e are all acutely aware of drainage and the problems associated with that. We have addressed that on numerous occasions, That will be a primary concern when we get to the next stage 1 understand your concerns and we share that with you. We will be looking at that closely when they plat the property. Mr. Cochran: I have not been out to see the property, but tonight we are simply looking at the zoning and we cannot address the drainage. What 1 would suggest Is that you make sure that you are here when we discuss the platting because that is when all of the engineering comes Into play. Ms. Bob Burton: My name Is Bob Burton anS my address is 2313 Hickory Creek Road, My property Is going to be surrounded on two sides of this development. We know that progress is going to happen. My neighbors are getting ready to build a four hundred thousand dollar home. My concerts are the value of my home and property. i have put a lot Into my home over the last three years. A hundred to a hundred and fifty thousand dollar homes are not going to be comparable to what is out there. I am going to lose the biggest part of my view, if there are homes built here they should be at least twenty-five hundred square feet or more. The value of the homes should be a hundred and eighty thousand to three hundred dmsand dollars. That would keep things consistent with what Is in the area. That is what I would like being the neighbor next door. Ms. Russell: Could you tell us about your house? 1 Mr. Burton: My home is thirty-eight hundred square feet, and it is all brick, We purchased the home for a hundred and forty thousand dollars. I am still improving my property and have put in another thirty thousand dollars so far. 1 r Mr. Lane Mc Daniels: My name Is Larne McDanlels aid my address is 2880 LB) Freeway, Suite • 310 in Dallas. 1 am an attorney representing a trust that owns property here. 1 am also representing some of these people. We have heard the representative from Goff Homes talk about building a subdivision that is consistent with the area, their land use would be appropriate, and they / would build a quality neighborhood. I attended the meeting the other night with several of the neighbors, The neighbors asked the questions and they weren't addressed or answered by Goff , Homes. They have told us conclusions and things that they plan to do with no Specifies. The floodplaln problem Is a real problem. It really Is a related problem with zoning when you Stan Me.f. L 2r x I~ as l 1 II I0 i s P&Z Minutes I!,'t, April 23, 1497 Page 6 putting houses up and add to the problem. Mr. Connell, who is a developer In Dallas has employed engineers who have surveyed the plot which he owns as well as the downstream hydrology, We don't have the final study of the downstream hydrology and the impact of the development. It is Indicated that it will take a substantial Investment for culverts, sewer lifts, and Improving the culverts around that road before you can eliminate any potential flood problem in that area. In terms of consistency Mr, Burton has already told you that he has a thirty-eight hundred square foot home that is adjacent to this property, Mr, Connell Is planning on building a four to five thousand square foot home, and the Alvaredos would like to build a four thousand square foot home. I don't think what doff Homes Is proposing is consistent with the neighborhood, I don't think It will be up to the quality of the neighborhood that is beginning to evolve and develop In that area. Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any final remarks? Mr. Heckel: As you can tell we have :ome issues to address. We did have a meeting on Monday so that the neighbors could tell us what i. going on In the area and what Is going on their property. I know that is not a zoning issue but with the time that we have spent I feel that I need to address them. It was mentioned that i did not respond to the questions because I was not able to answer the questions. It is going to take engineering calculations, it is going to take study, it is foing to take time, and as far as what substantial investment is, that is up to us to decide. We hope that we can come to a dedslon with these people and we will have to decide if it is still practical for us to do it. We will not be asking for variances for sidewalks, curb and gutter, or streetlights. At this time we are just looking for the SF-16 zoning. We are aware of the Acme Brick situation and I have talked with the plant manager, In the weeks ahead we will be addressing how the water that comes off of their property affects us. I am glad that there is an agreement for the quality of water coming out of there because it is coming on our property. Maybe there Is a way that we can work with Acme Brick and the Alvaredos to work all of that o tt, I know that home size is an Issue that everybody keeps dwelling on. Goff Homes offers a wide range of product and the gentleman was right In the numbers that he quoted you. Historically when we go to the larger lots we do get larger homes, but sometimes people will sacrifice a couple hundred square feet to have a larger lot. Typically we are well in excess of two thousand square foot homes on this type development. There are homes In the Oaks of Montecito that are eighteen hundred square feet and bigger, We think we are consistent with what is in the Oaks of Montecito, The two hundred acres that Mr. Tucker owns down the street is SF-7 and SF-10. Someone could come In and put something a whole lot smaller, We are not consistent with four thousand square foot homes, that is not our market, that is not our business. That is a segment of a market that not everyone in this world can afford. We can't build to that criteria. There is a master drainage plan In place and we will be working very closely with the city and we will be addressing the city. That Is all I can say right now, We cannot damage people around us, It is not good business for us, It is not our Intention. How are we going to sell homes if the street Is flooded? We have an investment here as well. We will continue to have meetings with staff and find solutions. Mr. Cochran: You made mention of having half acre lots? / Mr. Heckel: That Is correct Mr. Cochran: I notice In a letter from Mr, Connell that the size of homes range from fifteen I D " 25 x l.! 32x i sogAwrp 0 i r P&Z Minutes i IS ~y April 23, 1997 Page 7 hundred square feet to three thousand square feet. What is the status of that? Mr. Heckel: That is the range of houses that we offer. I develop the lots and I don't set the home sizes and I am rat going to set the prices of homes. That is not a decision that 1 need to make. The City of Denton doesn't require me to stand up here and make that decision. In my conversation with Mr. Connell I did say, but I was honest with him and just told that was the range of the product that we offer. He Is concentrating on the low end. Historically the houses have been well above two thousand square foot, Mr. Cochran: Now often do you build fifteen hundred square foot homes on a half acre lots? Mr. Heckel: Goff Homes has transitioned out of the small lot market into the larger lots, half acre, acre, and an acre and a half. There are some out there because some people will buy a smaller home but they want the larger lot. We think we have addressed the green space by having the larger lot size. Also there is a sixty foot right-of-way that we have allowed for Loop 288 and there ; Is also a seventy-five foot buffer zone between the right-of-way line and the first house off of Hickory Creek. The four lots on Hickory Creek have a seventy-five foot building setback line. The first four lots are also bigger. Ms. Bateman: As far as the platting is concerned, staff is reviewing the preliminary plat now. As far as drainage is concerned it is a platting issue and it does have to meet city specifications. At the neighborhood meeting Monday night I told the neighbors that were there that we were not requiret by state law to notify them concerning the plat when it comes before the Planning and Zoning Commission, if they want to know I will be happy to Inform them m to when it Is coming to the Commission, Right now it looks like it will be coming to you on May 14th. 1 will let them know for sure. As far as square footage, that is something that the legal department can advise you on further. Mr. Powell: Now far Is this property from the developed SF-7 there on the west? Ms. Bateman: It is about a thousand feet. From Teasley It is approximately fourteen hundred feet. Mr. Bucek: The basis under which you can place conditions on zoning are set forth In our zoning ordinance and we did not Include the square footage of houses. That goes beyond your roil as a • Planning and Zoning Commission to set those kind of criteria. The only way you have ever seen that happen is by the developer In an attempt to develop his property. There is no basis under which government can step in and try to control the square footage. There are about fourteen Issues that you can consider and 1 am not sure if masonry Is in there. When we were working through the rewrite we went through the list of things they could look at. There are a number of Items that are not In that list because when we researched it we found that it would be unlawful to do so. AT 0 this point what you have in there Is only what Is available to Sou. These kind of Items run Into civil rights Issues and all kinds of things that would complicate you trying to put that kind of requirement on there when you don't have any authority In the ordinance to do It. f Ms. Bateman: As far as the conditioned zoning goes, it Is mainly for Incompatible land uses that are adjacent to each other. Single family to single family Is not considered incompatible. f Mr, Cochran: I appreciate your willingness to notify Individuals that have expressed a concern au 2c, 0 32X I11 n I •It P&2 Minutes t , ~ .f I April 23, 1997 ?s Page g about the platting because it seems that we have had some Issues like this before. The things that are of the most concern to the neighbors have less to do with the zoning and more to do with the platting, yet the law requires us to notify only for the zoning. Ms. Russell:: We have the addresses of those that are here tonight so we can notify them when the plat comes forward. Mr. Powell: Mr, Salmon, explain to me the city's role in protecting the adjoining property owners from it drainage problem from the development of this property. Mr. Salmon: Any property that Is over three acres in size and that will increase the drainage runoff is required to get off site permission to do so. If they propose to Increase the amount of runoff coming off of their property onto adjacent properties then they will have to have written permission to do so from that adjacent property owner before we can approve their final plat. They also have an option to use detention, If they like, to keep the drainage runoff at the existing rates. They need to decide which of those, they are going to do. Ms. Russell: We will close the public hearing. Mi, Schertz: 1 would encourage the neighbors to work with the developer as he gets farther along in the design work and to review the deed restrictions. We caartot have any say in those documents, any input, or any control. That is not city government bound, The developer ought to make those deed restrictions available to the neighbors. It is the uncertainty that causes these conflicts. Try to work this out between yourselves and the developer, Mr. Cochran: It seems that there is a basic cortradiction between wanting larger home sizes and less r:hoff. 1 believe the larger the house, the more roof space, and more runoff will be produced. Mr, Powell:: I move that we recommend approval of Z-97-007. Mr. ]ones. Second, Mr. Cochran: I will be voting in favor of this because it Is the largest single family zoning size that we have and potentially it should have less impact on the adjoining properties than If they were to develop it in some of the ways that they might under the Agricultural zoning. I am comfortable In knowing that the platting will not be approved until the drainage has been adequately addressed. Mr. Moreno: I am also sensitive neighborhood concerns but In looking at the map I we SF-7 and Agricultural and SF-16 Is a fairly restrictive zonlcg for this area. I know that the drainage will be ' addressed in the platting stage and the house size will be addressed In the deed restrictions. 1 will • be voting In favor of this petition. 0 • Ms. Russell: We have heard so many horror stories about drainage that we are particularly sensitive to It. We have an excellent staff that will take care of that concern on behalf of the city / which Is on behalf of you. t feel very comfortable in knowing that the drainage will be addressed In the platting stage. All in favor please raise your right hand. Opposed name sign. Approved. (7-0) asp 25 K L7 32 x C] ttttt~l i C Z•91.OJ7 ATTACHMENT 3 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, APPROVING A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 16 (SP-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 32.387 ACRE TRACT LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, APPROXIMATELY 1,500 FEET WEST OF F.M. 21811 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. h WHEREAS, Mr. Neal Heckel, on behalf of Goff Homas, initiated a change in zoning for n 32.387 sore tract of land from the Agricultural (A) zoning district classification and usa designation to the single Family 16 (SF-16) zoning district and use designa- tiont and WHEREAS, on April 23, 19970 the Planning and Zoning Commission recommended approval of the zoning changel and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plant NOW THEREFORE THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINS! SECTION. That the zoning district classification and use designation of the 32.387 acres of land described in Exhibit A is changed from the Agricultural (A) zoning district classification and use designation to the Single Family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City0s official zoning map is hereby emenoed to show the change in zoning district classification. CSE TIONX11. That any yerson violating any provision of this ordinance shall, upon conviction be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. r, SECTION IVa 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 a to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Ii r • mss" ,I t)i PASSED AND APPROVED this the day of , 1997. JACK ILLER, MAYOR aG . r & WY 32 x I I • i l I I ATTEST I JEHIPER WALTER9o CITY SECRETARY RAFTS w BYt APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BYI r~ ~ I PAGE Z ~ oaf', r x a 32xl~l • 2146MN4 GOFF HOMCS 251P02 V MR`S 15 '97 14t1ti , 26S31'arn4 ilrivr • llylllr,'Icka• 7522 • (072) 620JJ241 • Fax (772) Q UIN4 VIA US MAIL & IPAX (S17a13-7M may Is, 1997 Ms. Dome 8etemsn MYofDufto TaohekLa 221 N. Elm 6M CA Two 76201 Rd: Proposed Memptott Fa w 92.7 Aene loceted on M dory Creek Road Diet Donn, Auer osreiW wAew At d et411WIkm of 68 20*4 end pkddos Iwo urodeted with'the nArsnoed project, we have dsdded to term4ete the p ojm t. Thetd)re, so Awdw will be purwed by Oof'Noma, Eta. mp di $ wab* "&r &"Wp um of& wbject uect. We certainly tipprociete the oft u by you end dw City gaff vW k)ok fm*W to wm'Wq whb you on AdWO projects. VI may bs of aqy AMbor,usi9sttoe, pkw odi me el 472• 620.0242 (Ed. 204) or 972.477.41!9. Thu& you 3llowely,,} e IV~•JC ~~•4:' ' Ned Nackel Y ~ ~ E.aM,Acquisitioa k ihvelopnienl GOFF HOMES 26 32xtd i . o Agsnd110 AGENDA INFORMATION SHEET Aginds 11OM AGENDA DATE: February3,1998 Dais DEPARTMENT: Utilities - Water ACM: Howard Martin, 344.8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER ASSOCIATES, INC, FOR THE COOPER CREEK LIFT STATION AND WASTEWATER COLLECTION SYSTEM IMPROVEMENTS EVALUATION IN THE AMOUNT OF $84,370; AND PROVIDING AN EFFECTIVE DATE. UCKGROUNb The existing Cooper Creek Lift Station Is Inadequate to handle the volume of sewage that occurs during wet weather. During Phase 1, APAI will evaluate many alternatives to handle wet weather conditions and future growth in the Cooper Creek Basin. APAI will also consider the impact of the future Rancho del Logo (Lakeview Ranch) Lift Station which is located In the Cooper Creek Basin approximately 1,5 miles to the east of the Cooper Creek Lift Station. In Phase H, plans and specifications will be developed for the recommended alternative, Phase ll is not part of this contract. PRIOR ACTIONIREVIEW (Council. Boards. Commission The Public Utilities Board recommended awarding the contract to Alan Plummer Associates, Inc. at their Mcember 15, 1997 meeting (agenda item is attached). FISCAL INFORMA217.10N $75,000 was budgeted In bond funds for this contract. The proposed contract is $9,370 over budget. When the budget was prepared, the future Rancho del Logo (Lakeview Ranch) Lift Station was not a factor. This new lift station adds additional options to be evaluated. Lr~ P A trap of the Cooper Crock Basin Is included as an Exhibit. Rcsppeectfuily submitted: ' }il ordan, F. E, • • Interim Director Water/Wastewater Engineering u and Field Services Exhibits I. Ordinance r IL Processional Services Agreement Ill. December 12,1947 Public Utilities Board Agenda Item IV, Location Map 1 N 25 t 10 32XIII 1 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER ASSOCIATES, INC. FOR THE COOPER CREEK LIFT STATION AND WASTEWATER COLLECTION SYSTEM IMPROVEMENTS EVALUATION IN THE AMOUNT OF $84,370; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional Services Procurement Act, provides that a city may not select a provider of professional services on the basis of competitive bids, but on the basis of demonstrated competence and qualification and for a fair and reasonable price; and WHEREAS, the professional fees under the proposed contract are consistent with and not higher than the recommended practices and fees published by the applicable professional association and do not exceed a maximum provided by law; and WHEREAS, the City Council has provided in the city budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENiON HERESY ORDAINS: SECTION I, That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a professional services contract, substantially the same as the contract which is attached hereto and made a part hereof for all purposes, that provides services relating to engineering services for the Cooper Creek lift station and wastewater collection system developments with Alan Plummer Associates, Inc. in the amount of 584,370. SEC11=1 That the award of this contract Is on the basis of demonstrated competence and qualifications of the provider of professional services under this contract and the ability of such provider to perform the needed services for a fair and reasonable price. r S~ .TIE ON 11i. That this ordinance shall become effective immediately upon its passage and approval 1 PASSED AND APPROVED this the day of ,1498• - • • •.1 LACK MILLER, MAYOR z EXHIBIT r.,~~: 32x10 • 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY 1 IWelYpIOLWr Pe„nen,UaM.,nnc~n.„A,AoirWrJM rln.tiruw..«4!a 3 2f) x a 32 x l ll 0 r i I l 1 PROFESSIONAL SERVICES AGREEMENT FOR COOPER CREEK LIFT STATION ' AND WASTEWATER COLLECTION SYSTEM IMPROVEMENTS EVALUATION STATE OF TEXAS ¢ COUNTY OF DENTON § TWS AGREEMENT Is made and entered Into. u of the day of . I by and between the City of Demon, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Demon County, Tau 76201, hereWer called "OWNER" and Alan Plummer Associates, Inc., with its corporate of at 7524 Mosler Yew Coutt, Suite 200, Fort Worth, Texu 76118, hadnalter cdted "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETII, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICi.r. I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and tht CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest proWond standards customarily obtained for such services in the State of Texas. The professlonal services set out herein are in connection with the following described project: The Project shall include, without limitation, an evaluation of options to transfer wastewater flows from the Cooper Creek drainage basin to the Pecan Creek drainage basin. SCOPE OF SERVICES • The CONSULTANT shall perform the following services In a professional manner: A. Consult with CITY: (1) to review scope of work, (2) verily CITY's requirements ibe tw project, and (I) to review available data. • B. Advise CITY as to the necessity of the CITY's providing or obtainInS data or services f tom • others, and assist the CITY in connection with any such services. C. Prepare flow chart sbowing key project milestones. The flow chart will be updated periodically and sera to the CITY. Scheduled completion date for submittal of find DRAFT of the report Is four (4) rttontlu front the notice to proeeod sad receipt of neeassary data from the CITY. 4 EXHIBIT II - F 25 K 32xIO • 0. Quality control review meetings will be held in the ENGINEER's Fort Worth office. E. Conduct a project kick-offmeeting to review the overall project goals, review available data, discuss additional data necessary, and review the overall project schedule. F. Make an overview evaluation with "budget level" opinions of cost of the following options: 1. Expansion of the current Cooper Creek lift station and force main. An evaluation will be made of (1) rehabilitating the existing facility and constructing a parallel lift station to accommodate additional capacity, and (2) constructing a new lift station and abandoning the existing lift station. A determination of force main sizes based on paralleling and replacing the existing 16-Inch force main will be made. Based on information provided by the CITY on the hydraulic capacity of the Pecan Creek system, options will be developed for transferring the flows from the Cooper Creek lift station io the existing 21-inch interceptor, the Pecan Creek interceptors, or directly to the Pecan Creek Water Reclamation Plant. 2 Abandoning the Cooper Creek lift station and constricting a deep gravity sewer (tunnel) to the Pecan Creek Basin. Make an overview evaluation of the potential routing and size of the tunnel as well as methods to deliver flow to the Pecan Creek Water Reclamation Plant (through existing interceptors in the Pecan Creek Basin or new Interceptors). 3. Abandoning the Cooper Creek lift station and transferring all flows to a new lift station located at the site of the proposed Rancho Del Logo lift station. Preliminary routings and sizing of the gravity interceptor from the Cooper Credo lift ft don to the proposed Rancho Del Logo lift station site will be evaluated as well as the preliminary routing of the fora main to the Pecan Creek Basin. 4. Combination of rehabilitation the Cooper Creek lift station and later transferring all flows to the proposed Rancho Del Logo M station site. 3. After detertnirdng whkh primuy option to proceed with, an evaluation of dry-pit and submersible pump stations will be made. The initial construction costs wO be compared u well u arty tong-terns opentlon and msWentnce issues. i d. Conduct a workshop with City of Denton gaff to review and fine-tune the options evaluated. From the options evaluated, one recommended development plan will be selected. i a O li. The preliminary opinions of cost for the recommended development plan will be refined, project elements will be prioritized, and a project implementation schedule will be developed, 1. A DRAFT report will be prepared and five (S) copies will be forwarded to the CITY for review. A final workshop to review the findings will be conducted. J. Afler incorporation of review comments, twenty (20) copies of a FINAL evaluation report will be prepared and submitted to the CrrY. One presentation of the evaluation to the Public Utility Boaid will be made ARTICIS II ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not Included in the above-described Basic Seances, are described as follows A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis In preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance eft'orts. B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective patties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Services. D. Preparing copies of computer aided drafting (CAD) electronie data bases, drawings, or files ,a~'l for the OWNER's use in a future CAD system E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed apptiations, F. Appearing before regulatory agencies or awns as an expert wittiest in any litigation whh third parties or condemnation proceedings arising from the development or conAmcdon of the Project, including the preparation of engineering data and reports for assistance to the OWNER. d. Providing geotechnieal investigations for the site, including toil borings, related wwyses, and recommendations 6 K 1 0 32xQ o t H. Providing additional copies of the DRAFT and/or FINAL reports 1. Making additional presentations ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement maybe sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ' ARTI( Y COMPENSATION A. COMPENSATION TERMS: I "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of professional engineering 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT, For and in consideration of the professional services to be r performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost ' estimate detail at an hourly rate shown in Attachment "A" which is attached hereto and nude it part of this Agreement as if written word for word herein, a total fee, Including reimbursement for direct non-labor expenses not to exceed $84,370. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or him designee; however, under no circumstances Shall any monthly Statement for services exceed • the value of the work performed at the time a statement Is rendered, The OWNER may withhold the final five percent (56%) of the Contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to for Ile pay any work which Is twatisfitctory, as reasonably determined by the City Manager or his designee, or which is not i 7 - a 7r k Q 32x10 l ~ o i i n i V91M'f~ submitted in compliance with the terms of this Agreement The OWIr'ER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization From the OWNER. C, ADDITIONAL SERVICES: For additional services authorized In writing by the OWNER in Article 111, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Attachment "A." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60') day, and, in Addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth hat an if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable cue and due diligence In discovering and ` promptly reporting to the OWNER any defects or deficiencies In the work of the CONSULTANT • or any subcontractors or subconsultants. OWNERSHM OF DOCUMENTS All documents prepared or fiadshW by the CONSULTANT (and CONSULTANT'a r • 1 subcontractors or subconsultants) pursuant to this Agreement are instruments of service, artd shatl become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and ftunbhed by the CONSULTANT are Intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, In the event the OWNER B - :f 25 ~0 32XIO • 0 uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT Is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER es an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNI'T'Y AGREEMENT The CONSULTANT shall indemnify' and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily a*a oersonal injury, death and property damage, resulting from the negligent acts or omissions of the . „ULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to an any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of anion, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved I ARTICLE X INSURANCE i During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an Insurance company licensed to do business in the State of Texas by `r the State Insurance Commission or any successor agency that hu a rating with Best Rate Carriers . of at least an A- or above. i A. Comprehensive General Liability Insurance with bodily injury limits of not less then $500,000 for each occurrence and not lea than $500,000 In the aggregate, end with property damage limits of not test than $100,000 for each oceurredw and not less than $100,000 to the r aggregate B. Automobile Liability Insurance with bodily injury limits of not leas than $500,000 for each © S person end not less than $500,000 for each eecident, and with property damage limits of not less than $100,000 for each accident, 9 I - R- 0 32x1[,1 , e~erca , 0 I C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident " D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate P. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a prmision that such i insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRA'T'ION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agrement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLF XIt TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by gibing thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially kiting to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to temtinate and setting forth the reasons specifying tia non-performance, and not less than thirty (30) calendar days to cure the failure; and (t) an opportunity for ' consultation with the terminating party prior to termination r C. If the Agreement Is terminated prior to cornptetion of the services to be provided hereunder, CONSULTANT shall Immediately cem all services and shall render a Anal bill for services to the OWNER within thirty (30) days after the date of temtinadon. The OWNER shall psy CONSULTANT for al! services property rendered and satisfactorily performed sad for reimbursable expenses to termination Incurred prior to the date of termination, in accordance r with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing lnformadon The CONSULTANT shall turn over all documents prepared or A rnished by CONSULTANT pursuant to this Agreement to the OWNER on or Wore the date of termination, but may maintain copies of such documents for its use, 10 -In 32 X (It ' 0 ARTICLE X111 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shell not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsuhants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIY NOTICES All notices, communications, and riports required or permitted under this Agreement sha11 be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, ctrtified mail, return receipt requested, unless otherwise spaiRed herein. Mailed notices shall be deemed communicated as ofthree (3) days' mailing. To CONSULTANT; To OWNER Alan Plummer Associates, Inc City of Denton A. Lee Head, III, P E, Principal Howard MviK Ic, Assistant City Manager of Utilities 7524 Moiler View Court Denton Municipal Utilities Suite 200 215 East McKinney Fort Worth, Texas 76118 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLE XY ENTIRE AGREEMENT ` • This Agreement, consisting of 11 pages and 1 attachment, constitutes the complete end Aral expression of the agreement of the parties, and Is Intended u r complete and exclusive statem m of the terms of their agreements, and supersedes all prior comemporenetws odbrs, promlees, representatlons, negotiations, discussions, communications, and agreemenss which may have been i made In connecdon with the sub}ea matter hereof: • y1 SARIMLE 1 if an rovision of this any p Agreement It found or deemed by a court of competent Jurlsdicdon to be im-siid or urterhrcesbie, it shall W considered severable hm the remainder of this Agreement it i 7 32 x C~ i 0 and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enformble provision which ' comes as close as possible to expressing the intention of the stricken provision. ART COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. AATICIS XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTIMXIX PERSONNEL A. 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 officers of, or have any contractual relations with the OWNER. CONSULTANT shall Inform the OWNER of any conflict of Interest or potential conflict of Interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under Its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTIC1_a YX ASSICNABILITI' The CONSULTANT shall not aulp any interest In this AV event, and shall not trutsfir sty interest in this Agrecroent (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER r MODMC110 No waiver or modification of this Agreement of of any covenant, condido% or llmhWmt herein contained shall be valid unless In writing and duly executed by the party to be Am* therewith, and no evidence of any waiver or modiffeuion dull be o0irod or received In rAdein 12 2 5 x Q 32X~~ 0 any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XX[I MISCELLANEOUS A. The following attachments are attached to and made a part of this Agreement Attachment "A" • Schedule of Charges t3. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agredheni CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C. Venue of any suit or cause of action under this Agreement shall lie ex.,usively in Denton County, Texas This Agreement shall be construed in accordance vrith the laws of the State of Texas D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Mr. A. Lee lfead,111, RE (Principal-Ia-Charge) and Sir, Alan R. Tucker, P,E (Project Manager) However, nothing herein shall limit CONSULTANT frotn using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and accordance with the provisions hereof. In accomplishing the projects, CONSULTANT t.iall take such steps as are appropriate to ensure that the work Involved Is properly coordinated with related work • being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTAN T's d*W all available information pertinent to the Project, including previous. reports, any other data relative to the Project, and arranging for the access theroto, and nuke alt provislorm for the CONSULTANT to enter In or upon public and private property as required for the • ' CONSULTANT to perform services under this. Agreement. • • 0. The captions of this Agrtanent ere for infortr uional purposes only, and shall not in any way y effect the substantive terms or conditions of this Agreement. I 13 t,K~❑ 32 x tt1 IN WITNESS 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 undersigned officer on ties the day of 19_, CITY OF DENTON, TEXAS TED BENAVIDES, CITY MANAGER ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 I BY: r~ CONSULTANT ALAN PLUMMER ASSOCIATES, INC, A. I* Head, IIJ, P.E. Principal p WITNESS: 01 • BY: An R. Tucker, , Pded;W U - 5 x D 32 X o ATTACHMENT A ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 1997 Category Billing RA"our Word Processing S 45,00 Technical Writer 50.00 DraAerlTechnicim ` 53,00 Designer/CAD Operator 65.00 Errgineed5cientlst 70.00 I Project Engineer/Scientist 80.00 Project Managtr 90.00 1 Senior Project MsnagerlPrIncipal 105.00 li Senior Principal 130.00 Officer ii0 00 Billing rates are adjusted annually. r' A multiplier of 1.13 will be applied to all direct expenses. i lnhouss computer Is billed at S 13 per hour. SAW witness lima is billed as ! 1,100 per day. ; ry 15 I i x ❑ 32x ❑ e o N%DPW* h waeun. ewm.sT0loar q euep.bl CITY OF DENTON Job No 1510800 COOPER CREEK LIFT STATION MOM I • ProjW Owdopnant Houtty Enplnnrln0 SudW o4daxr Teek Inm and Demempum pm I PM Pa I 1 it Teel WP TOW ,a a 1a Pm" Kick41f memimeism ma 44 i IL 11 1 / Ft~A leble DoW 1 1 30 / 1 / 30 / II / [wwee T6 11 I ftftim 1 / / / 46 of Ceti 1 7 / i 1 Nc. t! 1/ li 1 / 101AL / 11 / 1 / / be / le / 11 1 ri "Wle1 12 R It, 40 1 44 1 /0 11 OUR! M 1 1.111 .1 1, tlr►tN/11 M OT A T Nit TOTAL AM" 161" 16 2.5 0 32X O December 18, 1887 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: Howard, Martin, Assistant City Manager of Utilities SUBJECT: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR COOPER CREEK LIFT STATION EVALUATION - PHASE I SERVICES WITH ALAN KUMMER ASSOCIATES, INC. FOR 184,370.00, RECOMMENDATION: The Utility Staff recommends award of this contract to Alen Plummer Associates, Inc., In the amount of 184,370.00. SUMMARY: Phase I of this project consists of evaluating the existing Cooper Creek Lift Station to accommodate existing dry and wet weather wastewater flows and ultimate development condition flows. The consultant will evaluate several options to accommodate these flows and provide cost estimates and an engineering report on their findings. The option recommended In the engineering report will be the basis for Phase II engineering services for this project. A copy of the Professional Services Agreement is attached as `Exhibit A', Phase II of this project which Is not port of this contract will Involve developmental construction plans and specifications for the selected option, BACKGROUND, ` The existing Cooper Creek Lift Station pumps the wastewater flows from the Cooper Creek Basin Into the Pecan Creek Basin. The lift station has a firm pumping capacity of 3.9 million gallons per day (MOD). During wet weather conditions the flow capacity of the lift station Is inadequate, resulting In overflows from the wastewater collection system. Also, a new development, Rancho Del Lego, Is under design along the eastern edge of the Cooper Creek Basin. A lift station Is proposed to serve this new development. The Consultant will evaluate whether the proposed lift station at Rancho Del Lego can be eliminated and the development served through the Cooper Lift Station, • • i 17 r 25 32 x O e 0 The City has Instituted a collection system Infiltration/Inflow Improvements program to reduce the wet weather Impact on the collection system. Also, computer modeling has been done In-house to generate projected dry end wet weather flows, With this information available, the WaterlWestewater Engineering Department solicited proposals from nine engineering firms to evaluate the Cooper Creek lift station. Six proposals were received, Four firms were invited to make presentations. Staff selected Alen Plummer Associates, Inc, for this project.; AGENCIES AFFECTED: The Citizens of Denton, Denton Municipal Utilities, and Alan Plummer Associates, Inc. FISCAL IMPACT: 176,000.00 was budgeted M bond funds lase attached CIP Sheet as 'Exhibit B% The contract Is for 184,360,00 which Is 18,370.00 over estimated budget. When the budget was estimated for this study, the Roincho Del Lego development was not a factor. However, this new development adds additional options to be evaluated. Submitted by: Howard Martin, Assleta,it City Manager of Utilities Prepared by: Oerald P. Cosgrove, P.E. Engineering Administrator , Approved by: f Jill Jord , P. E. Interim Director Water/Wastewater Engineering 3 Field Services Exhibit A: Professional Services Agreement Exhibit 8 CIP Sheet Cooper Crook urt station 18 7h K 10 32XIO a . r: r;~,x . • tia..:s s~e'21~f?9~!i~a... +!k'~i~~'A':!!~'.4~'~`A:~S?`0!R~"~i'4'~I,P:'i:~,~'i~~r~~i;r';?Fri'9R9'a~~47~'~`wd~~.,~+~.~'"~Jf'~'r.~.~~D+€ f I. LL~ _ F._ N RXISTINO, OOPER CRlRK 1:4000 i•.. - i C rt 1f ' tt,t U" STATION I t I i PROPOINO r I t t y I~ ' i RANCHO ML u00 Ll" STATION ~ L I ~ 1 Il; I ' or ~I t r I i ~I i~ I) F ~~1(.E i 1 1 r 1 .4 t y t~ 1,~ I j " 1 r I ~ ~ EI ~I'~ ~ ~ .R I lr 1 t I 1 1't (If f 25 x l❑ 32x lo Beim • J +aa~~s 9 I ' i i . I ~oma~an ' I r Apsndo No _.Q Agenda Item Date R CITYOFDEMM,TVA$ MUNICIPAL BUILDING ~ DENTONTEXAS 7MI ~ TELEPHONE 81?-5M4M Olwoo of the Oty Secretary MEMORANDUM DATE: January 27,1998 T0; Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT; Board/Commission Appointments 'fire following is a list of current Board/Commbslon vocanclWnuminalions; Russell Elleven has resigned from the Hislorical Landmark Commission. This Is a nomination rot Council Member Dutrance, If you require any father information, please let me know. r , :flit a en _ C' Secret • AC0000F4 I I ~akauaue ro pvaruy s~~~ - - :,4 IS)( 10 32 x10 6 University of North Texas ►kparhnrnl of rlourtn,s and Reildence L{fe January 19, 1998 D'Nisha Williams Historical Landmark Commisslon City of Benton Ms. Williams: This letter Is to inform you that I will be leaving my position with the University of North Texas effective February b, 1998. Because of my departure 1 must also resign from the Historical Landmark Commission for the City of Denton. I realize this Is extremely short notice for the commission. For this t truly apologize. I lowever, l have accepted a position with an organlzation in Ft. Worth which will preclude me from attendin; the commission meetings held at 5:30pm. 1 have enjoyed the opportunity to serve on the commission and hope this early departure will not Inhibit future opportunities to serve my community. Aest regards, Russell K. Llleven, Ld. D. Residence Lire Coordinator i 4' C ~ p1).00 31131D Deetoo,Te%"168111310 1910) 50 16016 TDD 16001133. "9 251K r0 32xIC , j Handout to Council 02103198. February 2. 1999 Mayor Jack Miller and City Council Members 215 E. McKinney Denton, TX 76201 Dear Mayor and Council Members: I am writing to voice my oppositlon to the mobile home park that is slated to be Wilt on 1-35 new the Rancho Estates. i think this would be a great mistake for this city and this area of town. My husband and I moved here from Atlanta. Georgia in July and one thing that brought us to Denton was the charsew whkb this town has. My husband works In Coppell and we looked all over down, in Coppelk Lewisville, Flower Mound that entire area for a home but we kept being drawn back to Denton. We really like this town, however one draw back we did a& as we drove around looking for houses here was the number of mobile borne parks which already exists in this area. There wen I couple of areas in town where we saw nice homes but the mobile home parks were right there and we thought that really took away from the area. One reason we brought our bmw out here on Brooklake was because there arc oo mobile home parks out bm. As I stated earlier we came here from Georgia and before that we lived In Tennessee for a numba of yeas and in n6ther of those places did you find mobile home parks next to $100,00 to S I50,000 bows. Please reconsider thls Issue for the sake of the town. t bope this letter reaches you in time. I did also callyour voice mail. Tbank you for your time! Sincerely, leu r trt t 8.. iL Rose and Kevin Burke 7307 Brooklake Denton, TX J r JU azx~q 10 • 0/03/14 Tun. 11:09 PAZ 9103497707 CITY OF DEMN PLANNING 0001 HANDOUTS TO COUNCIL. 02/03/98. February 3, 1998 r Via Hand Delivery Mayor and City Council Members City of Denton 215 FAA McKinney Street Denton, Texas 76201 Re: Davidson's Landing Dear Mayor aid City Council Members: As you are probably aware we have proposed the development of [Mvid,4on's Landing, a luxury manufactured home community In northwest Denton. We were originally eciw iuled to make a presentation to City Council this evening. The purpose of this letter is to request that we postpone our presentation until Tuesday April 7,1998 in order to effectively address some neighborhood concerns that have just come to our attention. Thank you tot your oonsideration. Sincerely, Jeff Carroll attachment f TARTAN PROPERTIES P.O. Box 211 • Georgetowr> Texas 98617.517430-4160 X 32 x ! C t`y. ~ • • 04/01/30 M 14:10 FAX 0103407707 CITY OF DENTON PtA'iNINC ®001 February 2, 1993 Via Mand Delivery Mt. Jim Poirot Ranch Estates Owner's Association 3901 Hampton Denton, Texas 76205 Re: Davidson's Landing W. Poirot: The purpose of this letter is to reiterate our request to meet with you regarding Dm idson's Landing, our proposed manufacnued home community in northwest Denton. As we discussed, it is out desire to tweet with you and your neighbors to provide any information you may need regarding the project. We are disappointed, however, that you have been unable to meet with us. In particular, we are very disappointed that you am not "ling to meet with us prior to the City Council meeting, Mr. Poirot, the communication standards recommended by the City of Denton are designed to assure that meantnr;iut and relevant information Is exchanged between developers and their neighbors. These standards serve a dual purpose: (1) To protect neighbors by assuring that they are completely Informed about proposed developments which may have an impact on their neighborhood; and (2) To protect developers from misinformation whleb may be prormilgated in in effort to discredit their projects. Over the past several months, out company has expended an enormous amount of effort to meet with our neighbor regarding the proposed development. The communication pro= began with a list of adjacent properly owners provided by the City. This list included some Ranch Estates residents. We contacted eacb of the owners and addressed their concerns, in fact, many of our neighbors have committed to support our project, largely due to our efforts to work with them during the development process. We even oontacted a number of neighbors that own property that is not adjacent to our site. Unfortunately, since many of your neighbors live over % tulle from the proposed development, they were not Included on the City's I i 9 L • Consequently, we have requested that the City postpone our hearing until we have bad a chance to meet with you and your neighbors. We will be In oontaot with you in tie very near !Inure to arrange a time to discuss the projecL If you hate any questions or commit tits In the meat) time, please feel free to call Sincerely, y' Jeff Carroll / TARTAN PROPERTIES P.O. Sox 211.Otorgelow t, Texas 79627 - $12-9304160 I 25 K d 32XIO 1 1 DENTON DANCE CONcSEQVATOQY, LLC 4103 Meea Drive Denton Texas 76207 940/383-M January 31, 1998 The Honorable Mayor Jack Miller Cry of Denton 215 E. Hickory Street Denton Tx 78201 Re: 400 unit rental mobile home park development Northwest Denton Honorable Mayor and Members of the City Council As a business owner on Mesa Drive, I am oonosmed about the rental unit mobile home oark proposed for this neighborhood and how it might affect the business owners on Mesa Drive. With the development of Mesa drive over the past three years, there has been a substantial ,=v nasaae M whkxtlar baffle both to and from the businesses as well as that associated with the medical offices and the hospital. In addition, we have a mateproblem with very largo 18 wheelers ooming down the street, running over our cu;;,, disturbing lands inq, parking In our parking lets, drop p off hitch leers, etc. This mobile home development apparentlyy plane lo allow tits.. 19 home residents to use Mesa Drive as their exivantranco. This will Inaoase by more than OW the number of automobiles per day that will be entering and exiting from the park, and will put a substantial strain on Mesa Drive. With the Ryan High Sctaol situation, we have learned that to plan for Ingress and egress from a development is **am* important. We respect! ugyy request you oonsider our concerns during your deliberations on this proposed develo ant. Lisa Racina, Owner Denton Dane Conservatory Member of Do*n Chamber of Coftwftmo 26 x la 32XIII r • CITY OF DEMTON TEXAS MEMORANDUM TO: Honorable Mayor and Membets of the City Council FROM: Kathy DuBose, Assistant City Manager of Financep DATE: February 3, 1998 SU13JECT: CITY COUNCIL AGENDA ITEM #14 In response to Mayor Pro Tern Brock's request, l have attached information pertaining to item # 14 (Public Hearing) on tonight's City Council agenda. This information relates to the chart included in the "Economic Impact" section of the book provided to the Council by the petitioner. The first four pages were provided to detail the summary information listed on that chart. l have also included an analysis prepared by the City's Finance Department relating to the petitioner's information, In the Finance Department's analysis relating tc sales tax, I hate used the economic impact formula developed by the University of Noah Texas' Center for Economic Development Research as well as 1996's setual retail sales as a liercentage of total sales for the City of Denton. I will be available at tonight's meeting should yuu have any questions. Thank you. l" • 1e Ile 25 x O 32xI❑ {j I r i 1 i . i.' ~47Y,`.'n4".Y%x"'~#k' ,w .CXAS°.d.: ,bMM/lkA9uWMwxr+wznmtrweroa~~.rnnwaa+++4wra . 1'Romi'l?TY TAXES Subject Raw Property Land Value per Unit 21,000 10,000 Units 420 $2 Appraised Value 8,820,000 820,004 Assessment Ratio 1.000 Assessed Value 8,820,000 820,000 TOUIl I'ux IIZ1ite 2.$400 2-5 4YQ Total Property Taxes 224,028 20,828 Cit i ax ll~tc 005132 O.S I R City Property Taxes 43,260 41208 z5 K 1tJ 32XI[i 1 I ~ • f ^ 1 1 r .;:I f`~Z~",.`~",«Ct~f.2tii;~kS'l~ki~~'F!'~:~'~'i~l:F3~'S$~A~ '~'.'~1"+aS;•S~Y!?~".*+~,~F7.+tt9dSpsi4~yrssq~IG+,•astenwa~vtaM'apu~ierec:a,.wa~ansr+w.wAr~msl: i 1 I >N0I > ,CR7'y TAX ;S PERSONAL l Subject Raw Property Lark! Value per Unit 45,000 0 Units 420 82 Appraised Value 18,900,000 0 Assess ment patio 1- m 11000 Assessed Value 18,90000 0 r ' 'l'oses Tax Rate 215400 2.5400 'Total Personal Property Taxes 480,060 0 e City'I'ax ltatc 0,5132 0.5132 City Personal Property Taxes 96,985 0 ~~i,,II f i I 25x10 32XId • ' . "ter+. . , •',%:r.`,i?atiKE?;.8•r~8x3[CIh"Va'K._ .••R'k.'ti.,^:'?tWs~,'iK1k7".l18.:?-fAvFX2.Y,5Fk.sv,A.?l~;.iF+"+l~s~~'3'w'.rx~. *r.yKr,...~e.~,..........._ .sALhS 7 AXES Subject Raw Property l a,tcr Median 11011sehold Income 32,264 320264 Industry%orMedian Ilouselwid Income 80% 80% Median I louschold Income per Unit 25,8111 25,810 Units 420 'rotalIncome 10,840,704 0 Itclai SSalcs I'crccnla'c m 6S% Subtotal Retail Sales 713719679 0 Iiconomic Multiplier 4,0 UU 4_:0 • 'T'otal Retail Sales 29,4860715 0 'I:otal Tax Itaic 7775% 7,75% Total Salcs'rax 21285,220 0 • City fax Rntc 1,00% 1,00% 294,867 0 Cily Silles Taxes I~ 25 x to 32XIO i I y M f, ~.:-.:i jli•9~{Y•.'!).j'~~:.lf.•~:~.Iti."F.}~`x11e ~~~~~:~~LL~Y iv'.A~i'~Wt~:Md:~~.~.~Yi'~~H`,M~Y~~Q3s`!iN1:h.AMMr✓.,ww.v..w.rrv............... 110M1: SALES & USE 7 AXES Subject Property Average Home Price 45,000 Units 420 'T'otal I{ome Sales 18,9000000 "Taxable Percentage m 'T'axable Homes Sales 181900,000 Total Tax Rale 7.75° 't'otal 110111e Sales & Use 'Fax 11464,750 ° o 1.00 {'ity'I'ax Etatc City I Ionic Sales & Use Tax 189,000 r ~E i 25x10 32x1O .•,,..:,.:.^t'.d^,1:rt'A"i'~^k~'f~'*"•',~rdbY.Nr~a`.!'IEiY4~1fs'~~S~~tS'~-, :awm..:ausR.rw...,w.c..~«e.y»wxrrw.b:.m.~-: Property Taxes Prepared by the City of Denton Finance Dept. Real property value 21,000 Units 420 Total appraised real property value 81820,000 1997-98 tax rate 0.0051315 City tax levy 451260 Personal property value 45,000 Units 420 Total appraised personal property value 18,900,000 1997-98 tax rate 0.0051315 City tax levy 96,985 Total Property Taxes 142,245 ❑ 25 x 10 320 ~w . o . , +...'r° ;v.3k'::°.?:z"+7`x5tza"?,..,*I?~1;:.?Fwd`vml:~tF~!°;e'GhC'a`':'~':5?'.~"L:i'1~~1P'ri1YK$'~;:~'G'.u?~,^d''+nr.+~rsPss!ti+.rtr*-rwrvar;,rwrweavr.=-.+xn,»:,rv-+,ar Sales Tax Prepared by the City of Denton Finance Dept. Median Income 26,015 Disposable income percentage 19% Disposable income 41943 420 Units Total disposable income 2,0759997 r Local dispersment percentage 60% Local dispersment 1,2459598 Economic Multiplier 3 • Local economic impact 317369795 Percent of retail sales 64,82% Total dispersment spent on retail sales 2,422,190 , City sales tax 1.50% 1 Total City sales tax 36,333 2S-A to 32x10 dear p%^'rnrm.: .+-LwwCtJFBS9M~.- +<w+n.vauN+or+w.FNi Home Sales & Use Taxes Prepared by the City of Denton Finance Dept. There is no local sales tax that is applicable to the sale of manufactured homes. The State assesses a 3.25% sales tax to the dealer at the purchase of a manufactured home from the manufacturer. 1 1 . '1 I d. 25 32Xt Q