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City Council Agenda Packet
April 28,1998
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AGENDA Agenda Ite
CITY OF DENTON CITY COUNCIL pate M_
April 28, 1998
Alter 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, April 28, 1998
at 5:15 p.m. in the City Manager's Conference Room at City Hall, 215 E. McKinney, Denton, `
Texas at which the following items will be considered:
I. Closed Meeting:
A. Consultation with Attorney-Under TEX. GOVT. CODE Sec. 551.071
1 r Consider strategy and discuss status of case with City Attorney in
litigation styled Denton County Hrsforlcal Museum, Inc, v. Denton
Crounfy, Texas and City of Denton, Texas, el at., Cause No. GC-98.00098-
C filed in the Probate Court of Denton County, including, but not limited
to issues related to allegations of breach of contract and ownership of
artifacts,
B. Conference with Employees - Under TEX. GOVT, CODE Sec, 551.075. The
Council may receive information from 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 MEETTNG OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
LMPLOYELS WILL ONLY BF: TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT. CODE CIL 551. THE CITY COUNCIL RESERVES j
I I W RIGIIT TO ADJOURN IN 10 A CLOSED MEETING OR EXECUTIVE SESSION AS 1
AVIIIORVLD BY TEiX, GOV' T. CODL SEC. 551.001. ET• SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ]TS OPEN MEETING AGENDA OR TO RECONVENE IN A
C'ONTINCATTON OF 711E CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE. IN ACCORDANCE WITH THE 'TEXAS OPEN MEETINGS ACT,
INCLUDING, W'ETHOUT ].IMITATION SLCTTONS 551.071.551.085 OF THE OPEN
ME L-11NGS AC'T.
Special Called Meeting of the City of Denton Cily Council on Tuesday, April 28, 1998 at 6:00
p.m. in the Council Work Session Room at City hall, 215 E. McKinney, Denton, Texas at which
A the following items will be considered:
L Consider approval of a resolution to declare the intent to reimburse expenditures from
unreserved retained earnings of the fleet services fund with certificates of obligation
bonds; and providing an effective date.
2. Consider adoption of an ordinance approving an interlocal agreement between the City of
lknton, Texas, and Texas Woman's University to provide funding for the construction of
off-street parking to replace parking lost by the expansion of U.S. Ilighw'ay 380 and a
jogging trail; authorii.ing the Mayor to execute the agreement; approving the expenditure
of funds therefor; and providing an effective date.
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City of Demon City Council Agenda
April 28, 1998
Page 2
3. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 10
"Finance and Taxation" of the Code of Ordinances of the City of Denton by adding Article
VII to provide for abating of the increase in the assessed value of historically significant
sites for tax purposes which results from appropriate repairs and renovation to historic
buildings in the downtown commercial district of the City of Denton; providing a
severability clause; providing a savings clause and providing an effective date. (Historic
Landmark Commission recommends approval 8-0; Downtown Development Advisory
Board recommends approval 7.0)
4. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to the professional services agreement for
consulting services relating to the Denton Municipal Electric Utility with R. J. Covington
Consulting for professional services related w electric restructuring and deregulation;
authorizing the expenditure of funds therefor; and providing an effective da+.e.
following the completion of the Special Called Meeting, the Council will convene into a Work
Session at which the following items will be considered:
NOTE: A work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Work Session, the City C'oun,il generally
receives informal and preliminary reports and information from City staff, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session. Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public meetings, and citizens have a legal right to
attend, they are not public hearings. so citizens are not allowed to participate in the session
unless imited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored, Should the Council direct the matter be placed on a regular meeting agenda, the staff
will generally prepare a final report defining the proposed action, which will be made available
to all citrons prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of
0 their fellow citimns wilhout haling to attend two meetings.
I . Presentation by Council of 6ovemments (COG) and the Dallas Regional Mobility
Council (DRMC) on transportation issues,
2. Receive a briefing and hold a discussion on land use assumptions for impact fee 1
implementation, and set a date for public advertisement of the land use assumptions.
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tr, 3. Receive an update and hold a discussion on the Chapman Lake (Cooper Lake) water
supply project. Proposed U'1 RWD Lake Lewisville Pass-Through Agreement. 1
4. Receive a report, hold a discussion, and give staff direction regarding an official City of
Dvnion. Texas map that indicates the locations and boundaries of the drug-free zones as
outlined in the Texas I Iealth and Safely Code §481.134 and §481.135.
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City of Denton City Council Agenda
April 28, 1998
Page 3
5. Receive a presentation from Dennis Wilson and hold a discussion regarding design
standards used by municipalities to enhance community aesthetics and image.
6. Receive a report and provide direction to staff regarding the preliminary approach to a
corridor ordinance.
7. Receive a presentation, hold a discussion, and provide instructions to staff regarding tht
public review schedule for the Alternative Development Scenarios, which have been
prepared to allow community examination of city growth management options.
8. Receive a report and hold a discussion regarding annexation and public service extension
policies to areas currently outside the City of Denton municipal limits.
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.)
CITY SECRETARY
NOTE: 1HE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS I
ACCESSIBLE IN ACCORDANCE, WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HARING 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
TEL ECOMMLFNICATIONS DEVICES FOR THE DEAF ('rDD) BY CALLING
1.800-RELAY•TX SO'THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCIIFDULFD THROUGH THE CITY SECRETARY'S OFFICE. i
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Agenda No
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Date
AGENDA INFORMATION SHEET
AGENDA DATE: April 28, 1948
DEPARTMENT: Finance
ACM: Kathy DuBose, ext. 8228
SUBJECT
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETAINED EARNINGS OF THE FLEET SERVICES FUND
WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
The City of Denton is currently in need of funding to proceed with the replacement of the
fuel island project.
Legislation now includes a provision for designation of project expenditures prior to a
bond sale as reimbursable by bond proceeds, This "reimbursement resolution" allows the
utilization of $135,000 of the Fleet Services Fund unreserved retained earnings to be
reimbursed with proceeds from the sale ofCertifcales of Obligation bonds.
The approval of this resolution will allow the project to progress yet does not require
early issuance of debt.
PRIOR ACTIONIREVIE\Y (Council, Boards, Commissions)
NIA
n FIS!CAL INFORMATION
• S 135,000 from the Fleet Services Fund unreserved retained earnings will be reimbursed l
upon issuance of Certificates of Obligation bonds.
Respectfully submitted: r
Kathy DuBose
Assistant City Manager of Finance `
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT 10 REIMBURSE EXPENDITURES FROM
UNRESERVED RETAINED EARNINGS OF THE FLEET SERVICES FUND WITH
CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and construction of the Fuel Replacement Island project described in Exhibit "A"
hereto (the "Project'), which Exhibit "A" is attached hereto and made a part of this resolution for
all purposes, prior to the issuance of obligations to finance the Project, and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
,,UCTION$ That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $135,000 for the purpose of
paying the costs of the Project, as set forth in the attached Exhibit "A".
SECTION IL That all costs to be reimbursed pursuant hereto will be design and capital
expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this
resolution after a date which is later than 13 months after the later of (1) the date the
expenditures are paid, or (2) the date on w Lich the property, with respect to which such
expenditures were made, is placed in service.
SECTION Ill: That the foregoing notwithstanding, no tax-exempt obligation will be
• issued pursuant tot his resolution more than three years alter the date any expenditure which is to r
be reimbursed is paid.
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SECTION IV: That this resolution shall become effective immediately upon its passage
} and approval.
• ! PASSED AND APPROVED this the _ day or 11998
O •
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: '
HERBERT L. PROUTY, CITY ATTORNEY
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EXHIBIT A
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Prolsct &4!t
Fuel Island Replacement $ 176,817
Amount Available - Other Sources < 41,817 >
Project Amount for Reimbursement Resolutlon 4 135,000
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Agenda No,~ ;
AGENDA INFORMATION SHEET Agenda VennJ-~
Dale-
AGENDA DATE: April 28, 1998
DEPARTMENT: City Manager's Office
j CM/DCM/ACM: Rick Svehla, Deputy City Manager
SUBJE - An ordinance approving an interlocal agreement between the City of Denton,
Texas, and Texas Woman's University to provide funding for the constnlction of off street
parking to replace parking lost by the expansion of U.S. Highway 380 and -i jogging trail;
i authorizing the Mayor to execute the agreement; approving the expenditure of t:wds therefor;
and providing for an effective date.
BACKGROUND
City and TWU have been working for several years to try and mitigate problems that are
associated with the widening of U.S. 380. The attached agreement would authorize the
modification and building of new parking spaces that will be eliminated because of the widening
of U.S. 380. It would also help provide pedestrian passage along U.S. 380 from Locust to Bell
via part of the jogging trail on TWU campus.
ESTIMATED SCHEDULE OF PROJECT
If appro%cd the parking spaces would be built this summer and participation in the jogging trail
would be dependent upon funding being acquired by TWU.
FISCAL INFORMATION
Cost to the City of Denton would be $250,000.
EXHIBITS: Backup memo, ordinance and agreement.
Res u y ubmitt
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Rick Svehla
1 Deputy City Manager
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216 t. McKinney street, Denton, Texas 76201 (940) 369.6207 r.
CITY OF DENTON, TEXAS q fib of the CIN Manaaer
MEMORANDUM
y
DATE; April 10, 1998
i
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager Jl
SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY AND TWU
Over the last two years staff has been negotiating with TWU to try and mitigate some of
the effects of the ultimate widening of U.S. 380, When 380 Is widened TWU will lose
approximately 85 parking spaces along 380. This interlocal agreement would allow the
City to use money that was ear marked for U.S. 380 to help replace those spaces.
The agreement would also allow the city to participate in a new jogging track to be built i
In the vicinity of University, Locust and Oakland streets through and around part of the
"Lowery Woods," This participation would allow citizens to use part of the University's
facilities when it Is built. It could also be used as a part of the pedestrian access from
Locust to Bell Avenue.
If Council has any questions I will be happy to try and answer them.
I Rick Svehla
i Deputy City Manager
D RS:ai O
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CC April 10 Agreement with TM
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ORDINANCE N0.
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AN ORDINANCE APPROVING AN I NTERLOCAL AGREEMENT BETWEEN
E FUNDING FOR
DENTON, TEXAS, AND TEXAS WOMAN ,S UNIVERSITY 70
THE CONSTRUCTION OF OFF•STREP,T PARKING TO REPLACE PARY.ING LOST BY THE
EXPANSION OF U. S. HIGHWAY 380 AND A JOGGING 'T'RACK; AUTHORIZING THE
MAYOR TO E?G.CUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; ANA) PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE arY OF DENTON HEREBY ORDAINS:
;_EalON ' That the City Council hereby approves the Intedocal Agreement attached hereto,
between the City of Denton and Texas Woman's University to prcMde funding for the construction of
off-street packing to replace parking lost by the expansion of U. S. Highway 380 and a jogging track,
and authonzes the Mayor io execute said InIallocal Agreement
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SECTION il. That the City Council authorizes the expenditure of funds in the manner and
amount specified in the Interiocal Agreement
SECTION III 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
i I
APPROVED AS TO LEGAL FORM,
IIERSFRT L, PROUTY, CITY ATTORNEY 1
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THIS AGREEMENT is made and entered into this _ day of 1998, I
by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to
as CITY, and TEXAS WOMAN'S UNtVE,(SITY, a state-supported university organized and
existing pursuant to the laws of the State of Texas, hereinafter referred to as TWU.
WHEREAS, CITY and TWU mutually desire to be subject to the provisions of V.T.C.A.
Govcmment Code, Chapter 791, the Interlocal Cooperation Act, for the purpose of constructing
parking and recreational facilities to be used by both students, faculty and administration of
11b'U and citizens of the CITY.
WHEREAS, the Texas Department of Transportation, with matching funds contributed
by the CITY, is expanding U.S. Highway 380 adjacent to 1 WU; and
WHEREAS, this expansion project will result in the elimination of parking spaces on the
TWU Campus and result thereby in congested parking on neighboring CITY streets; and
1ti'HEREAS, students, faculty and administration of TWU and citizens of the CITY
formerly utilized a logging Trail at TWU which has been displaced by expansion at TWU; and
WIIEREAS, CITY and 7 J, U desire to reduce congestion on CITY streets in the vicinity
of TWU by constructing additional off-street prvking; and
WIMIZEAS, CITY AND TW'U desire to expand the recreational activities available to
patrons of these two entities by constructing a logging Trail;
NOW, Tf1EREFORE, CITY and TWU, in consideration of the mutual covenants
hereinafter expressed, agree as follows:
ARTICLE ONE
4
• 1.0 l he 132 Parking Spaces to be constructed pursuant to this agreement, hereinafter referred
to as "Parking Facilities", shall be located at such iocalion as is designated by TWU and
approved by CITY within 90 days of the approval of this agreement by the parties. The
Jogging Trail to be constructed pursuant to this agreement, hereinafter referred to as
"Trail", shall be located at such location as is designated by TWU and approved by CITY
w ithin 5 years of the approval of this agreement by the parties. CITY agrees its approval
• shall not be unreasonably wilhheld.
I.l CITY shall furnish, except as maybe otherwise provided herein, at C'ITY's own cost and
cxpcnsr, all labor, scm ices, material and work for the construction and completion of the I
work necessary for the construction of the parking facilities proposed within this
Agreement.
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1.2 TWU shall furnish, except as maybe otherwise provided herein, at TWU's own cost and
expense, all labor, services, material and work `o. the construction and completion of the
work necessary for the construction of the Trail proposed with this agreement
1.3 CITY shall construct the parking facilities in conformance with the plans and
specifications used by the CITY in constructing parking facilities within the CITY. The
proposed plans and specifications for the Trail will be submitted to TWU for its review
and approval prior to beginning construction. TWU agrees that its approval shall not be
unreasonably withbeld.
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1.4 TWU shall construct the Trail in accordance with plans and specifications that provide
for an artificial su !'.ice. The proposed plans and specifications for the Trail will be
submitted to the CITY for its review and approval prior to the letting of the construction
contract for bid, CITY agrees that its approval shall not be unreasonably withheld, I
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ARTICLE TWO
2.0 The CITY agrees to contribute One hundred and Thirty Thousand ($130,000.00) Dollars '
toward the construction of the Trail or actual construction cost of the Trail, whichever is
less. The above compensation shall be payable upon written notice to CITY of the i
posting of the agenda for the meeting of the Board of Regents at which the award of the
bid for the construction of the Trail is scheduled for action. This contribution is
contingent on the award of the bid for the construction of the Trail within five (S) years of
the execution of this contract by the parties.
ARTICLE TIMEE
3.0 The CITY, in behalf of its citizens, shall be entitled to use the Trail, with access to
appropriate off-street parking facilities not to exceed 30 parking spaces, when available
between sunrise and sunset on each and every day after the Trail has become operational,
. when scheduled classes, athletic cants or practices administered by TWU are not being
held, for a period of at least five (5) years, The University reserves the right to prohibit
• certain persons from coming upon the Trail or any other portion of the campus under
provisions of state law, The Trail will be considered operational when the general
f contractor for the construction of the Trail has been released by TWU from further
responsibility under its contract other than warranty work.
> 3.1 Should T%VU determine, after receipt of a,iproximately $130,000 from CITY fot its
• portion of the cost of the Trail or at any time during the five (S) years following the p •
' commencement of operations on the Trail, that joint use of the Trail by TWU and the
C'f11' is no longer possible, as prescribed in Section 3.0, then the CITY shall be entitled
to a proportional refund for its contribution to the Trail.
PAGE2
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3.2 Should the joint use of the Trail by CITY and TWU as prescribed in Section 3.0 of this
Agreement be terminated by TWU before the end of the five (5) years joint use period, it
is expressly understood and agreed that TWU will tender to CITY one-fifth (115) of the
CITY's contribution for the logging Trail for each year that should have been remaining
of the five (5) years joint use period.
33 Should the Trail proposed by TWU be lighted then CITY may use the Trail between
sunset and 10:00 p.m, each and every day upon the monthly payment to TWU of the
CITY's proportional share of the cost of the lighting for CITY activities between sunset
and 10:00 p.m. which are not classes, athletic events and practices administered by TWU.
j ARTICLE FOUR
4,0 This agreement represents the entire and integrated agreement between CITY and TWU
and supersedes all prior negotiations, representations and/or agreements, either written or
oral. This agreement may be amended only by written instrument signed by both parties.
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ARTICLE FIVE
r 5.0 Each provision and clause required by law to be inserted in this contract shall be deemed
to be so inserted and the contract shall be read and enforced as though each were
included. If through mistake or otherwise any such provision is not inserted or is not
correctly inserted, the contract shall be amended to make such insertion on application of
either party.
5.1 It is understood and agreed by the parties that if any pail, term, or provision of this
contract is held by the courts to be illegal or in conflict with any law of the state where
made, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed a,td enforced as if the contract did
not contain the particular part, term, or provision held to be invalid,
,w Signed this _ day of !_,1996•
• TEXAS WOMAN'S UNIVERSITY CITY OF DENTON }
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Dr, Brenda L, Floyd Jack Miller
a Vice President for Finance & Administration Mayor
ATTEST: ATTEST:
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Secretary, City Secretary,
Texas Woman's University City of Denton
State of Texas Denton County, Texas
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
General Counsel Herbert L. Prouty, City Attorney
By: By.
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CITY OF DENTON, TEXAS ~~s R wkki s~y ,IaKaaZem± lls~o e~e~
ofto of the CNy Nampa
MEMORANDUM
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DATE: April 28, 1998
TO: Mayor and Members of the City Council
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FROM; Rick Svehla, Deputy City Manager
SUBJECT: iNTERLOCAL AGREEMENT WITH TWU (Item 2)
i
We received the signed agreement from TWU. The only changes is that Section 3.1 on
page 2 of the original agreement has been deleted and the last section in Article Three {
3,3) has been added due to some recent legal opinions that the city attorney's office has
joist become aware of.
ick Sve a
Deputy City Manager
RS:af
I` .Y Anachmant
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INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into this 28" day of April, 1998, by and
bctvvcen the CITY OF DENTON. a Texas municipal corporation, hercinafter referred to as CITY,
and TEXAS WOMAN'S UNIVERSITY, a state-supported university organized and existing
pursuant to the laws of the State of Texas, hereinafter referred to as nVU.
WHEREAS, CITY and TWU mutually desire to be subject to the provisions of V.T.C.A
Goeenunent Code, Chapter 791, the Iuterlocal Cooperation Act, for the purpose of constructing
parking and recreational facilities to be used by both students, faculty and administration of TWU
and citizens of the CITY.
NNTIEREAS, the Texas Department of Transportation, with matching funds contributed by
the CITY, is expanding U.S. Highway 380 adjacent to TWU; and
WHEREAS, this expansion project aill result in the elimination of parking spaces on the
TWU Campus and result thereby in congested parking on neighboring CITY streets; and
UIIEREAS, students, faculty and administration of nVU and citizens of the CITY
formerly utilized a Jogging Trail at TWU which has been displaced by expansion at TWU; and
WHEREAS, CITY and TWU desire to reduce congestion on CITY streets in the vicinity
of TWU by constructing additional off-street parking; and
MiEREAS, CITY and INVU desire to expand the recreational activities available to
patrons of these two entities by constructing a Jogging Trail;
NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants
hcrclnancr expressed, agree as follows'.
ARTICLE ONF,
LU The 132 Parking Spaces to be constructed pursuant to this agreement, hereinafter referred
to as "Parking Facilities", shall be located at such location as is designated by TWU and
approved by CITY within 90 days of the approval of this agreement by the parties. The
Jogging Trail to be constructed pursuant to this agreement, hereinafter referred to as
"Trail", shall be located at such location as is designated by TWU and approved by CITY
within S years of the approval of this agreement by the parties. CITY agrees its approval
shall not be unreasonably withheld
I.I CITY shall fitmish, except as maybe otherwise provided herein, at CITY's mvn cost and
expense, all labor, scniccs, material and work for the construction and complction of the
O work ncccssary for the construction of the parking facilities proposed within this O 1
Agreement.
1.2 T\VU shall furnish, except as maybe otherwise provided herein, at MU's own cost and
expense, all labor, services, material and work for the construction and completion of the
cork ncccssary for the construction of the Trail proposed with this agreement, i
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l 2 - Interlocal Agreement - City of Denton & TWU
April, 1998
1.3 CITY shall construct the parking facilities in conformance with the plans and
specifications used by the CITY in constructing parking facilities within the CITY. The
proposed piaru and specifications for the parking facilities will be submitted to TWU for
its review and approval prior to beginning construction. TWU agrees that its approval
shall not be unreasonably withheld.
1.4 TWU shall construct the Trail in accordance with plans and specifications that provide for
an artificial surface. The proposed plans and specifications for the Trail will be submitted
to the CITY for its reviov and approval prior to the letting of the construction contract for
bid. CITY agrees that its approval shall not be unreasonably withheld.
ARTICLE TWO
2.0 no CITY agrees to contribute One Hundred and Thirty Thousand (S 130,000.00) Dollam s
toward the construction of the Trail or actual construction cost of the Trail, whichever is
Iess. no above compensation shall be payable upon wiitten notice to CITY of the posting
of the agenda for the meeting of the Board of Regents at which the award of the bid for the
construction of the Trail is scheduled for action. This contribution is contingent on the
award of the bid for the construction of the Trail within five (5) years of the execution or
this contract by the parties,
ARITCLE THREE
10 The CITY, in behalf of its citizens, shall be entitled to use the Trail, with access to
appropriate off-street parking facilities not to exceed 30 parking spaces, when available,
between sunrise and sunsc4 on each and every day after the Trail has become operational,
when scheduled classes, athletic events or practices administered by TWU are not beinfS
held, for a period prat least five (5) years. The University reserves the right to prohibit
certain persons from coming upon the Trail or any other portion of the campus under 04
provisions of state law. The Trail will be considered operational when the general
contractor for the construction of the Trail has been released by TWU from further
responsibility ur4cr its contract other than warranty work.
11 Should the joint use of the Trail by CITY and TWU as prescribed in Section 3.0 of this
Agreement be terminated by TWU before the end of the five (5) yearsjoint use period, it is
expressly understood and agreed that TWU will tender to CITY one-fifth (115) of the
CITY's contribution for the logging Trail for each year that should have been remaining of
the five (5) pearsjoint use period,
3.2 Should the Trail proposed by TWU be lighted then CITY may use the Trail bctvvtcn
sunset and 10,00 p.m. each and every day during said five (5) year use period upon the O
monthly payment to T1VU of the CITY's proportional share of the cost of the lighting for
1 CITY activities behvicen sunset and 10.00 p.m at times when classes- athletic events and
practices are not administered by MU.
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3 - Interlocal Agreement - City of Denton & TNVU
April, 1998
3.3 The City is making payment for the gowmmental services provided by TWU herein from
available current funds; the funds provided are adequate for the services provided.
ARTICLE FOUR
4.0 This agreement represents the entire and integrated agreement between CITY and TWU
1 and supersedes all prior negotiations, representations and/or agreements, either written or
oral. This agreement may be amended only by written instrument signed by both parties.
'p
ARTICLE FIVE
' 5.0 Each provision And clause required by law to be inserted in this contract shall be deemed to
be so inserted and the contract sita!I be read and enforced as though each were included. If
through mistake or otherwise any such provision is not inserted or is not eonectly Inserted,
the contract shall be amended to make such insertion on application of either party,
f 5.1 It is understood and agreed by the parties that if any part, term, or provision of this
contract is held by the courts to be illegal or In conflict with any law of the state where
made, the validity of the remaining portions or provisions shall not be affected, and the {
rights and obligations of the panics shall be construed and enforced As if the contract did
not contain the particular part, term, or provision held to be invalid.
Signed this 28 ° day of April, 1998.
TEXAS WOMAN UNIVERSITY CITY OF DENTON
By:
Dr. Brenda L. Floyd lack Miller
Vice President for Finance do Administration Mayor
ATTEST: ATTEST;
ecr tary, City Secretary, E
Texas Woman's University City of Denton
State of Texas Denton County, Texas
y APPROVED AS TO LEGAL rORM APPROVED AS TO LEGAL FORM
John Lawhon, General Counsel Herbert L. Prouty, City Attorney 1
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AGENDA INFORMATION SHEET
AGENDA DATE: April 28,1948
DEPARTMENT': Economic Development tMain Street)
ACM; Kathy DuBosc, Assistant City Manager of Finance
SUBJECT; CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
AMENDING CHAPTER 10 "FINANCE AND TAXATION" OF THE CODE OF
ORDINANCES OF 114E CITY OF DENTON BY ADDING ARTICLE VII TO PROVIDE
FOR ABATING OF 1'HE INCREASE IN THE ASSESSED VALUE OF HISTORICALLY
SIGNIFICANT SITES FOR TAX PURPOSES WHICH RESULTS FROM APPROPRIATE
REPAIRS AND RENOVATION TO HISTORIC BUILDINGS IN THE DOWNTOWN
COMMERCIAL DISTRICT OF THE CITY OF DENTON; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN
EFFECTIVE DATE (Historic Landmark Commission recommends approval 8-0; Downtown
Development Advisory Board recommends approval 7-0)
BACKGROUND:
This ordinance is a completed version of the draft ordinance that Council reviewed at the April
14 work session. This version reflects changes requested by Council and revisions in the
Iringuagc ofthe ordinance made by the Legal Department.
In addition, staff has made a substantive change in Section 10-137, which deals with alteration
or destruction of th° historic property. In the draft presented to Council in work sesslcn> the
owner of a property which had been damaged or destroyed by "other than the willful act or
negligence of the owner" was inquired to request o building permit or demolition permit
within 30 days. This provision was tiken directly from an ordinance from another city. On
further consideration, staff felt that this requirement would be unrealistic in the event of
damage by fire, tornado, or other natural disaster. Also, the requirement might encourage 0
premature demolition of a structure that might be salvageable. Therefore, this section was
r amended to allow one year for rebuilding, with Council having the option to grant extensions.
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The main provisions of the ordinance remain the same as in the draft presented previously.
Qualifications for eligibility are:
0. :
t' 1. Buildings 50 years old or older within the established target area;
2. Exterior rehab over $20,000 or 25% of the most recent tax valuation of building, i
3 whichever is less; and,
t} 3. Rehab plans approved for compliance with Property Appearance Culdellnes.
r. Review of construction plans and veri fication of completion will be done by the Historic
Landmark Commission Council must approve each tax abatement,
PRIOR ACTION/REVIEW:
On April 14, staff briefed Council on this item. Council directed staff to present a completed
ordinance for adoption in regular session.
d' On March 20, a summary of the major points of the ordinance was approved unanimously
during a joint meeting of the Downtown Development Advisory Board and the Main Street
i Association Board. The Downtown Development Advisory Board recommended approval by
a vote of 7.0. The group also endorsed the concept of the sign and paint grant fund,
r
The draft ordinance was presented to the Historic Landmark Commission for
recommendations on April 13. By a vote of 8"0, HLC recommended approval of this
ordinance and consideration of additional preservation incentives after the National Register
district is completed later this year.
FISCAL INFORMATION:
The exact financial. impact of the tax freeze is impossible to predict. However, the advantage
to the City of Denton is that no reduction in current revenue is proposed, The tax freeze would
encourage rehabilitation that would add value to the tat roles after the completion of the ten
year freeze.
j Based on the current effective rate of 0.31315, for each $10,000 increase in property valuation,
the City would forego 551,31 per year or 5513,10 for the ten-year freeze period. A $50,000 1
increase in the value of a building, for example, would "cost" the City $2,565.50, However,
the freeze has the potential to encourage rehabilitation projects that might not otherwise have
been don:
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EXHIBITS:
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• Ordinance
• Minutes of the March 20 joint meeting of the Downtown Development Advisory
Board and the Main Street Association Board
1 • Excerpt from draft minutes of the April 13 Historic Landmark Commission
meeting
3 Respectfully submitted:
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Linda Ratliff, Director
Economic Development Department
Prepared by:
II
Dcnisha Williams
Main Street Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 10
"FINANCE AND TAXATION' OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ADDING ARTICLE VII TO PROVIDE FOR ABATING OF THE INCREASE
IN THE ASSESSED VALUE OF HISTORICALLY SIGNIFICANT SITES FOR TAX
PURPOSES WHICH RESULT FROM APPROPRIATE REPAIRS AND RENOVATION TO
DOWNTOWN COMMERCIAL DISTRICT OF THE CITY
IN THE
HISTORIC BUILDINGS
OF DENTON; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
r
WHEREAS, Article 8, Section 1 •F of the Taxes Constitution and Section 1124 of the
Texas Property Tax Code enable the City of Denton to exempt from taxation part or all of the 1J
a assessed value of certain historically significant sites in need of tax relief to encourage their
preservation; and
WfiEREAS, the City Council of the City of Denton finds such tax relief is needed to
encourage the preservation of historic strictures and sites within the Downtown Commercial
District of the City of Denton; and
WHEREAS, the City Council also finds that such tax relief will provide economic
incentive to develop projects in historic buildings worthy of preservation; NOW, THEREFORE,
I
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
,T[[_ NJ That the "Finance and Taxation" Chapter of the Code of Ordinances of the
$EC
City of Denton, Texas, be and the same is hereby amended by the addition of a new Article VII
entitled "fax Exemption for Historically Significant Sites," so that hereafter said article shall be
and read as follows
ARTICLE VIL TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES
A Sec 10.130. GRANTING OF PARTIAL EXEMPTION. '
f
Any property which is designated as a "historically significant site" pursuant to the terms
of this article and which is substantially rehabilitated as provided herein shall have abated
any increase in the assessed value for ad valorem tax purposes in excess of the assessed
value of the property for the lax year immediately prior to the renovation, for a period of
ten (10) years following the completion of the renovation Only the historic structure and
the land reasonably necessary for access to, and use of, the structure shall be subject to
the tax abatement. The abatement period shall begin on the first day of the tax year
following completion of the rehabilitation project
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Sec. 10-131. DESIGNATION OF HISTORICALLY SIGNIFICANT SITES. ,
For the purpose of this article, all structures, residential and commercial, 50 years old or
older which are within the boundaries of the Downtown Commercial District as indicated
on Attachment "A", which is attached hereto and made a part hereof for all purposes, are
designated as historically significant sites in need of tax relief to encourage their
preservation.
Sec. 10.132, ELIGIBILITY.
To be eligible for a property tax abatement, a property must meet the following
requirements
i
1. The property must meet the requirements for designation as a historically
significant site in need of tax relief as defined in Sec. 10.131 of this article.
2 The property must meet all requirements for application, certification and
I
verification as sal forth below
Sec 10-133. APPLICATION PROCESS.
Applications for a historically significant site tar exemption pursuant to this article are to
be filed with the Preservation Officer (or such other city official designated by the City
Manager) of the City of Denton, who shall be the agent for the City of Denton for the
purposes of administering this article. Each application must be signed by the ovmer of
the property, be acknowledged before a notary public and shall
A State the legal description of the property proposed for Certification,
B Include an Affidavit by the owner stating the structure is 50 years old or older and
is located within the Downtown Commercial District,
C, Include detailed plans and/or descriptions of the proposed work demonstrating
rehabilitation is in accordance with the current Property Appearance Guideline
adopted by ordinance of the City Council;
• D Include cost estimates indicating the repair or rehabilitation of the exterior of the
building will equal or exceed 255'0 of the most recent assessed ad valorem tax
valuation of the structure or $20,000, whichever is less. Roof repair or
replacement may comprise no more than 50°,0 of the minimum threshold amount
necessary to qualify for tax abatement, '
1> Include a projection of the estimated construction time and predicted completion
• date of the historic repair or rehabilitation, Q •
F. Authorize the members of the Historic Landmark Commission, the City h1anager
or designee, and elected ollicials to visa and inspect the property proposed for
Certification to verify that it is in need of substantial repair or rehabilitation and to
verify repair or rehabilitation,
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G. Sign an agreement to submit an application ror a Certificate of Appropriateness
to determine compliance with Property Appearance Guidelines for any exterior
modifications to the property for the duration of the period during which the tax
abatement is in effect;
H. Include a tax certificate showing all taxes due upon the property have been paid;
and
I. Provide any additional information to the Historic Landmark Commission which
the owner or Committee deems relevant or useful, such as the history of the
structure, access to the structure by the public, or any proposed changes in use of
the structure,
Each application shall contain sufficient docurn-mation confirming or supporting the
information submitted therein,
Sec 1n-134. CERTIFICATION PROCESS
Upon receipt of the sworn application, the Preservation Offiictr shall forward the
application to the Historic Landmark Commission for review. The, Historic Landmark
Commission shall review the proposed rehabilitation for conformarce with the current
version of the Properly Appearance Guldelines. The Historic Landmark Commission
shall recommend to the City Council whether the structure shall be eligible for the tax
exemption The Commission may recommend approval of the application as submitted,
approval with conditions, or denial. The Historic Landmark Commission shall review the
application within forty-five (45) days of its submittal to the Preservation Officer. The
written recommendation of the Historic Landmark Commission shall be delivered to the
City Manager no more then ten (10) days afler the Commission's decision is rendered. If
the decision of the Commission is for approval with conditions, and the applicant concurs
with such conditions, the above ten (10) days for delivery will not commence until the
application is amended to comply with the conditions approved by the Commission
Upon receipt of the recommendation of the Historic Landmark Commission, the City
Manager shall, within a reasonable time, place the matter upon the City Council Agenda
for determination or eligibility. In determining eligibility, the City Council shall first
determine that all the requirements of this article have been met and that only the historic
• structure and the land reasonably necessary for access to, and use thereof, is to be
provided favorable tar relief as provided in Section 10.130 of this article If eligibility Is
determined, the Council shall authorize the City Manager to execute a tax exemption
certificate upon verification of completion of repairs or renovation if required by the
Denton County Appraisal District, the City Manager or designee shall provide annually a
list of structures eligible for tax exemption under this article
O
Sec 10•f35. VI:RIFIC'AT304 PROCESS
ompletion of the repair or rehabilitation, the Certified applicant shall submit to the
Upon completion'
Preservation Officer a sworn statement of completion acknowledging that the structure
has been substantially repaired or rehabilitated in accordance with the plan approved by
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the City Council. Applicant must also present dorumentation verifying that the cost of
repair or rehabilitation meets or exceeds the amounts established in Sec. 10-133 of this
article. The Preservation Officer or designee, upon receipt of the sworn statement of
completion, but no later than thirty (30) days thereafter, shall make an investigation of the
property and shall approve or disapprove the fact that the property has been completed as
required for Certification If the repair or renovation deviates in any way from the
construction plan approved by Council, the Historic Landmark Commission shall
determine whether or not the modifications are in accordance with the Property
Appearance Guidelines If verification of completion shall be deemed unfavorable, the
Certified Applicant shall be required to complete or correct the repair or rehabilitation in
order to obtain the tax exemption provided by this article or appeal the Commission's
decision to the City Council. When the verification of comp'etion receives a favorable
review by the Preservation Officer, or the Commission or the Council, whichever is
applicable, the Preservation Officer shall notify the City Manager in writing of
compliance Thereafler, the City Manager shall execute a tax exemption certificate and
forward same to the Denton County Appraisal District
Sec. 10.136, PROPERLY APPEARANCE GUIDELINES
The Properly Appearance Guidelines on file in the office of the Preservation Officer,
the Planning and Community Development Department and such other office as the City
Manager may designate, are hereby approved and incorporated herein and made a part
hereof for all purposes L he Property Appearance Guidelines shall be periodically
reviewed by the Historical Latdmark Commission and desired changes by the
Commission to such guidelines shall be recommended to the City Council. Any changes
to the Property Appearance Guidelines shall not be effective until such changes are
approved by the City CounO The City Council may direct the City Manager or the
Preservation Officer to proposo certain changes to the Property Appearance Guidelines
but such changes shall not be odopred by City Council without a recommen,Jation from
the Historic Landmark Commission
Sec 10.137 ALTERATION OR DI'STRUCTION
• (A) During the exemption pedoc, if the Preservation Officer or a member of the
Historic Landmark Commission has reason to believe that an exempted structure has
been altered or totally or partially destroyed by the willful act or negligence of the owner
or his representative, the Preservation Officer shall immediately cause the matter to be
scheduled for the earliest possible consideration by the City Council. If, after giving
notice and hearing to the owner, the City C'ou,tcil determines that the exempted structure
• has been totally or partially destroyed or altered by the willful act or negligence of the O •
owner or his representative, the owner shall immediately repay to the City all of the tax
revenues that were not paid because of the exemption plus interest calculated at an annual
rate of seven percent (70,0)
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(B) Where an exempted structure is totally or partially destroyed or altered by other
than the willful act or negligence of the owner or his representative, the owner shall, "
whenever feasible, request a building permit to reconstruct the historically significant site
in accordance with plans and specifications (plans) that comply with the Property
Appearance Guidelines and building and development codes of the City of Denton. The
cost of Renovation is hereby deemed feasible whom destruction or alteration is fifty
percent (50°10) or less of the assessed ad valorem tax value of the building without
deduction for the abatement hereunder. The plans for the structure must be approved by
the Preservation Officer or designee If there is any question that the plans do not comply
with the Property Appearance Guidelines the Historic Landmark Commission shall
determine if such plans are in compliance with such guldeines. A decision by the
Commission, denying the issuance of the building permit for failure of the plans to
comply with the Property Appearance Guidelines, may be appealed by the owner to the
City Council If rebuilding activities are not completed within one (1) year of the damage
to the structure, the repayment of the tar revenues not paid because of the exemption
shall be required as set forth in subsection (a) above, unless City Council grants an
extension for such permits.
(C) If the owner of a damaged historic structure exempted under this Article applies
for a demolition permit, the building official shall follow the regulations contained in
Sec. 35.220 (Demolition or removal of historic landmarks) of the Zoning Chapter, as
amended, in processing such permit In cases where a demolition permit is issued by the
City because renovation is not feasible, repayment of tax revenue is not required,
(D) If the owner of a historic structure which is damaged by a willful or negligent art
of the owner or his representative has such structure demolished or such structure is not
repaired within one (1) year of the damage, such owner will not be eligible for future
abatement unless e;evised application for such structure is approved by the City Council
Sec 10.138, TRANSFERA131LIlY TO FUTURE OWNER(S)
If the tax exemption certificate executed by the City Manager per Sec. 10-M is timely
recorded by the Owner of the Structure in the Deed Records of Denton County with the
0 approved application, the tax exemption authorized above shall constitute a covenant
running with the land for the ten (10) year period provided in this article Should the
owner of the structure ever cease to comply with the terms of the application and of this
article during such ten (10) year period, this abatement may be revoked for the years
remaining within such ten (10) year period, upon the finding of such incompliance by the
City Council, after giving notice and hearing to the owner. The City Manager or his
designee shall advise the Chief Arpraiser of the Denton County Appraisal District of the 0
revocation of the abatement and shall file an appropriate document in the Deed Records
of Denton County revoking the tax exemption
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Sec. 10.139. AUTHORITY OF CHIEF APPRAISER
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The chief appraiser for the county appraisal district shall determine that portion of land
j which is reasonably necessary for access to and use of historic structures for which
applications for exemptions are granted and shall assess for taxation all such excess land
in the same equal and uniform manner as all other taxable properties in the City, It shall
i be In the discretion of the chief appraiser as to whether or not owners of historically
significant structures under this article must file an application with such appraiser's
office annually to obtain the exemption granted above or if one application can be
executed by the owner of the historicaliy significant structure to obtain the ten (10) year
historic exemption.
Sea 10-140. USE IN CONJUCTION WITH OTHER TAX INCENTIVES.
At the discretion of city Council, the tax abatement provided in this article may be used
in conjunction with tax abatements for Historic landmark zoning as provided in Article
VI Chapter 10 of the Denton City Code. The applicant must meet all requirements for
each tax abatement separately in order to be considered for both abatements +
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This tar abatement may be used in conjunction with other types of abatements that may
be developed in the future, unless otherwise prohibited by statute or by ordinance.
Sec 10.141 DEFINITIONS
i
Should the exact meaning of terms contained in this article be in dispute, the meaning of
such terms as utilized in the interpretation or definition of such terms in Article V
"Historic Landmark Preservation and Historic Districts" of Chapter 35 (Zoning) of the
City Code, as amended, or in this Chapter shall control
51LJ ON li. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
• portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such invalidity.
s
E
5KEOIN L) That save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 10 of the Code of Ordinances
shall remain in full force and effect,
51CTION IV. That this ordinance shall become effective fourteen (14) days from the 0 '
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.
9
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PASSED AND APPROVED this the dey of f I~a•
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY • ;
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Downtown Commercial
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ONION
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Joint Meeting of the
Downtown Development Advisory Board
And the Main Street Association
Frldmy, March 20, 1999
City Hall West Conference Room, 221 N. Elm
i +
Present: DDAB members: Carol Collins, Michael Monticino, Joanna Deonath, George
3 Goen, Dan Martin, Bette Sherman, David Johnson (7)
MSAB members, Bill Thomas, David Fender, Michael Monticino, George Goen,
Bette Sherman (5)
1 General membership: Ken Willis, Doug Peck, Karen Dawkins
Staff Present: Lori Shelton, Jim Bryan, Linda Ratliff, Denisha Williams, Julie Glover
Bill Thomas, MSAB President, called the meeting to order at 8:05 a.m. Minutes were distributed
and approved es read, Agenda items Vll and VIII were moved up to accommodate Ed Hodney's
schedule,
Ed flodney, Director of Parks and Recreation and staff liaison to the Vision Public
Improvements Committee, made a presentation on the proposed improvements for downtown.
rd showed conceptual drawings of the square improvements. The coi. mittee's vision is that the
corner by the Longhorn Gallery will serve as a model for the rest of the square, Landscaping
will include planters, limited tree planting, benches and trash receptacles. He also said that there
is to be no changes to the Courthouse property except possibly putting the outside air
conditioning and electrical area underground
One of the concepts includes walkways extending from the center sidewalks from the
Courthouse across the streets, and stars in the street pavement and sidewalks. Discussion
followed about the use of the si.urs and walkways, The walkways are the most controversial part
of the plan, even on the Public Improvements Committee. David Fender asked if the wet's Nays
would be North losing the parking spaces Ed said that would be addressed in the formal study of
the plan, and that no plans were final es of yet David said the DDABJMSA should work on
educating the public about off-square parking before the improvements begin.
r ; The Historic Landmark Commission has expressed concern about most of the proposed changes
Bette Sherman said she understands the concerns of MC, but it is important for the DDAB and
• MSA to support the plans and be involved We will notify members when the town meeting will
be held,
Denisha distributed tax incentive options for downtown building rehabilitation After reviewing
du proposed options, it was decided that the new incentives would include a tax freeze at pre-
resovation Yahlc for 10 years and would include the entire Maln Street target area (University to
• Eagle, Carroll to Bell) David Fender moved to recommend this version of the Incentive to City • •
Council; the motion was seconded by Carol Collins and passed unanimously.
We then moved back to item three on the agenda, to receive financial reports from David Fender,
Treasurer. David reported that we had an income in February if 53,782.10 and expenses of
$1,614.07 for a profit of $2,168.03,
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Julie reported that she has obtained a promise of $5,500 from the Ben E. Keith company to fund
the Fine Folk Acoustic Concert Series. The first concert will be March 27, featuring Aileen and
Elkin Thomas, at the Center for Visual Arts. Julie asked for volunteers and passed around a
volunteer schedule for the event. Other concerts scheduled are Bill Staines on June 5, and Crow
Johnson on December 5. Julie is negotiating with Guy Clark's agent for a date in October,
Julie distributed a copy of the new rules for County Seat Saturday booths. After a controversial
e group obtained a booth last year, we have been researching how to redefine what is appropriate
g for the festival. Our lawyer, Randall Boyd, has also said that we need to have a CSS chairperson
from the nonprofit, so that Denisha and Julie, as city employees, are not in charge of the event.
J Anne Banks, from the Promotions Committee, has said that she would co-chair the event. Doug
Peck said that he would also be a co-chair. Julie will request a grant for the event from the
Greater Dcnton Arts Council
i
i This year Main Strcet will receive funds from the City for Thursday Twilight Tunes. Julie is
currently booking acts for this event.
Bette reported that we received twch a new member applications in January and February for a
total membership income of $180
Bette reported that we have received six responses to the business brochure mailing We will
extend the deadline until the end of April. Julie will make a list of who the information was
mailed to, and board members wlll make follow-up calls. Merchants also need to be aware that
the old brochure will no longer be printed
Denisha gave the manager's report. She stated that,
i The Selby House has been purchased, will be moved onto County property and will be made
into a museum,
Kcvin Milstead has sent architectural drawings of proposed uses for the power plant
r The Dumpster consolidation for Walnut Street is underway. Several of the merchants who
responded to the survey indicated they would be in favor of making Walnut a one-way street.
i Economic Development does business retention visits each month. They will coordinate
business retention visits with small businesses in the downtown area
The next gallery night is May 5.
i The MSAB will review by-laws on April 7 at 8:30 a m. Julie will mail copies of the by-laws
to board members prior to the meeting.
r r The sale of the old County Seat Antique building was final last week, Bob and Joanne
Moses will open a store featuring art glass and other collectibles.
After a brief discussion about parking issues, the group decided to recreate the parking
committee. The committee will act on the suggestion made earlier regarding educating the
public about off-square parking. The new parking committee members are: Carol Collins, Doug
Peck, Bette Sherman, Bob Sherman, Ken Willis, Dan Martin and Bill Thomas Denisha will set
up a parking committee meeting
• •
Future agenda items should include. discussion of the video the Crouch Group is producing for •
the Convention and Visitor Bureau, if participating MSA members can get a discount, and
strategies to include absentee owners in our revitalization efforts
The meeting was adjourned at 9A5 am. The next meeting will be Friday, April 17, at 8 a.m., In
the conference room of City Hall West.
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Excerpt from draft minutesof the regular meeting of the
Historic Landmark Commission
April 13,11998
Members present: Bullitt Lowry (Chair), James Kirkpatrick, Mark Merki, Diane Ricks, F
Peggy Capps, Glen Savage, Bang Vermillion, Bob Montgomery
ITEM VI: Receive a report and confider An Ordinance Creating an Abatement of Taxes
a. Assessed by the City of Denton, Texas for Appropriate Repair and Renovation of Historic
Buildings In the Downtown Commercial District of the City of Denton
{ Denisha Williams, Preservation Officer, referred Commissioners to a dmtl ordinance that was
included in the Historic Landmark Commission packets. She reviewed the major provisions of the
ordinance, which would provide a valuation "freeze" for historic properties within the
Downtown Commercial District that were substantially renovated. Ms. Williams noted that the
HLC would be charged with conducting the review to determine whether the construction plans
were in compliance with the Property Appearance Guidelines, She also stated that it might be
possible at a later date to recommend additional tax incentive packages to Council, particularly
after the National Register nomination is completed. Several commissioners commented ,
favorably on the prospect of getting tax incentives to encourage compliance with the Property
Appearance G.ddellnes. Bruce Jensen, Certified Local Government Coordinator with the Texas
r Historical Commission, who was present as guest, was asked for his comments on the ordinance.
He was in favor of the ordinance, and also recommended trying to get school district tax
exemptions as well. Mr. Jensen suggested avoiding the word "freeze" in the ordinance, in order to
avoid any potential legal challenges. He offered to research the alternative wording that has been
used more recently by other cities. Commissioner Capps made a motion to recommend approval
of the ordinance to City Council with the verbiage changes recommended by Sir. Jensen.
Commissioner Montgomery seconded the motion and suggested an amendment recommending
additional study and a more aggressive tax incentive package at a laterdate. Ms. Capps accepted
the amendment to the motion, The motion passed unanimously, with Chairperson Lowry
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recording his vote In favor.
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Agenda No
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AGENDA INFORMATION SHEET
1
AGENDADATEt April28, 1998
DEPARTMENT: Electric Utility
ACM: Howard Martin, Assistant City Manager/Utilities
j S 3JE:
AN ORDINANCE OFT I IF Cl iY OF DE'NTON. TEXAS AUTHORIZING THE CITY
NIANAUI':R TO E\ECU 1F? A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGRLI'AIEN I* FOR CONSULTING SERVICES RELATING TO THE DENT'ON
MUNICIPAL FLFC I RIC UTILITY WITH R.I. COVINGTON CONSULTING FOR
PROI ISSIONAL SERVICES RFLAIED TO ELECTRIC RESTRUCTURING AND
DF,REOULA'TION; AU1I IORIZ.ING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING PiFECITVE DAI1:
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BACK 'ROVNI)
9813 • IaskDetermine Key Cotnpclitisr Points To Include in Agreemeta
Denton Mill haze used all of its existing generating capacity by the end of 1998, Due to
uncertainty' in the is holesalc generation market and uncertainty related to Denton's role as a
gencralor in a deregulated market, %%c plan to purchase the additional capacity required on a short
lerm basis from our partners in Garland and Greenville. l lotaes er, once these uncertainties are
resol\vd, ae will need to solicit bids from the holesale market for additional capacity supply.
Also, there is a possibilily that Dcnlon will desire to sell its generation resources either on the
open market or to oiber members of I MPA. In either case, Ienton will be in the strongest
negotiation position i f we hate clearly defined the terms under which He wish to purchase our
wholesale generation requirement prior to beginning any solicitations or sale negotiations, In
-14 this tusk, Mr. Co%ington will lead the cnori to deaclop commercial terms under which Denton
Mould purchase wholesale power in a deregulated market.
s
• 9811 _I ask lt, Analysis Of Stratc y;;c Options Regarding Divcstiturrv
In order to cl iminate duplicate efforts associated with Reed familiarizing themselves with work 1
%%lhich has already' been initiated by RMI and with competitive issues associated with
deregulation as it is dcvcloping in 1'exas, Mr. Covington will continue to provide support to the
Reed analysis of Uenton's alternatives.
,e a •
981; • bask C, lletiT ullient of R' ue _shr Propgvals For Distribution System Valuation $idy,
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As the issue of electric deregulation continues to evolve, the City should be prepared to address
all aspects of its imolvemcm in the electric business. In order to do this, the City should have a
complete understanding of the value of the electric distribution system, including the market
value of the physical system, the synergistic value between the system and general government,
and the valve placed on its unique sen ices by the citizens. Mr. Covington will develop a
Request For Proposal for a Distribution System Valuation Study, assist in the evaluation of the
bids, and review the study results for accuracy and completeness.
9813 - Task D. Services Related to Restructuring Activities
This task will allow the Electric Utility to use Mr, Covington's services to respond to ongoing
F regulatory requirements, support the City's legislative representative with data needed to present
l issues to the Iegislature, and attend meetings in Austin on behalf of the Electric Utility.
This task is designed to replace services that were performed by the Enviromnental Compliance
t Manager. A1r, Covington will review regulatory documents for issues that might effect Denton,
recommend possible actions to the Director, maintain files of regulatory documents, and
maintain a schedule of regulatory projects and workshops. The deregulation regulatory issues
are complex, An extensive background in their development and implications for municipal
utilities is necessary to accomplish this time consuming task.
STIN 17 El) SCHEphLE QP PROJECT
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Tasks 4R B - Completion target May 15
Task C - Completion target May I I
'Task 1) - Ongoing on an as needed basis
task Order 98(
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May I, 1998 to Alay 1, 1999, at the discretion of the Electric Utility Director.
{
1'IZiU l ACTIUY/HF.~~F1V (Council. Doards, Commissions]
I he Public Utilities Board considered ibis item at it meeting of April 20, 1998 and voled
approval a to 0 with one member absent.
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FISCAL INFORMATION
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Task Order 98H
Not to exceed $47,000
Task Order 98C
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Not to exceed $12,000
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Respectfully submitted
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Sharon Mays'
Director, Electric Utility . .
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ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT FOR CONSULTING SERVICES RELATING TO THE DENTON
MUNICIPAL ELECTRIC UTILITY WITH R.J. COVINGTON CONSULTING FOR
PROFESSIONAL SERVICES RELATED TO ELECTRIC RESTRUCTUR!NG AND
DEREGULATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 16's day of February, 1998 the City entered into a "Professional
Services Agreement For Consulting Services Relating To The Denton Municipal Electric
Utility" ("Agreement") with R.I. Covington Consulting ("Covington'), wherein Covington
agreed to perform professional and consulting services pertaining to electric utility restructuring;
and in said Agreement, the City agreed to pay Covington an amount not to exceed $25,000.00
for professional services rendered under such Agreement, which Agreement has now been
substantially performed; and
WHEREAS, several events have occurred since the City entered into the above
Agreement, which impact upon the position of the City's Municipal Electric Utit:ty as it
approaches the upcoming Texas Legislative Sassion, which urgently requires that Denton uLtain
additional professional and consulting services in order to protect its position and advance its
interests; and
WHEREAS, it appears to the Council that it is in the best interest of the City to obtain
such additio tal professional and consulting services b) entering into an amended agreement with
Covington. NOW THE"FFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION! L Thal the City hlar3ger is hereby authorized to execute the First
Amendment To Professional Scrviees Agreement For Consulting Services Relating To The
Denton Municipal Electric Utility (the "First Amended Agreement") with R.J. Covington
Consulting for the provision of additional professional and consulti,g services related to electric
restructuring and deregulation; a copy of %%hich First Amcnded Agreement is attached hereto and
incorporated herewith by reference, along with any Task Orders and other documents necessary
in the performate a of the First Amcnded Agrccmcm.
SF T • That the expenditure of funds as provided in the attached First Amended
. Agrcuuent is hereby authorized. 0 •
KfO ; ION- UL That this ordinance shall become effective immediately upon its passage
and approval
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1998. `
PASSED AND APPROVED this the day of
JACK MILLER, MAYOR
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ATTEST:
4 JENNIFER WALTERS, CITY SECRETARY
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BY:_ -
APPROVED AS TO LEGAL FORM:
i HERBERT L. PROUTY, CITY ATTORNEY
BY:
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STATE OF TEXAS § o
COUNTY OF DENTON §
FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR CONSULTING SERVICES
RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY
THIS FIRST AMENDMENT, to the Professional Services Agreement For Consulting
Services Relating To The Denton Municipal Electric Utility, entered into oil the 16`' day of
February, 1998, by and between R.J. Covington Consulting, a sole proprietorship, with its
principal offices at 12304 Saber Trail, Austin, Texas ("Covington"); and the City of Denton,
Texas, a Texas Municipal Corporation, with its principal offices at 215 E. M.-Kinney, Denton,
Texas ("City') for professional and related consulting services provided to the City, which f
Agreement is hereinafter referred to as the "Base Agreement".
In consideration of the mutual promises of the parties, the terms and conditions s:t forth
tcrein, and for other good and valuable considerations expressed herein, the parties hereby
AGREE to amend the said Base Agreement as follows: `
I
That Article H "Scope of Services" of the Base Agreement is hereby unum. ded by adding
the following additional provisions:
II.C. Covington shall provide to the City those services set forth in Task Order No. 98-
B (Tasks A, B, C, and D),
H.D. Covington shall provide to the City those services set forth in Task Order No. 98-
C (Tasks A, 8, C, and D).
IL
That Article III "Period of Service" of the Base Agreement is hereby amended by adding
the following additional provisions;
As to the period of service respecting the completion of Task Orders 98-B and 98-C, the
term of this Agreement shall be from May 1, 1998 to April 30,1999.
t! 111. 4 0
That Article IV. B.I. "CompcnsatioNBilling and Payment" of the Base Agreement is
hereby amended by adding the following additional provision;
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With respect to the additional professional services to be performed by Covington
pursuant to Task Order 98-B, the City agrees to pay Covington, a further professional fee,
including reimbursement for direct non-labor expense, not to exceed $47,000.00. With respect
to the additional professional services to be performed by Covington pursuant to Task Order 98-
C, the City agrees to pay Covington a further professional fee, including reimbursement for
direct non-labor expense, not to exceed $12,000.00.
IV.
That Article XIV "Entire Agreement" of the Base Agreement is hereby amended to
ti replace the entire parafraph contained in Article XIV, with the following language, to wit:
i
This Agreement, consisting of nine (9) pages, plus Exhibit "A" (Fees For Services), Task
Order No. 98-B and Task Order No. 98-C, which Exhibit "A" and Task Orders are incorporated
by reference herewith, constitutes the complete and final expression of the Agreement of the
parties and is intended as a complete and exclusive statement of the terms of their Agreement ,
and supersedes all prior contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made in connection with the '
subject matter hereof.
V.
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That save and ex,-.ept as amended hereby, all the terns, conditions, covenants, clauses,
and sentences of the Base Agreement shall remain in full force and effect.
I
IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amended
Agreement to be executed in duplicate original counterparts, by its duly-authorized City F
Manager; and Covington has executed this Agreement by its duly-authorized Owner and
Proprietor on this the day of ,1996.
PASSED AND APPROVED this the day of ,1998. i
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M o CITY OF DENTON, TEXAS E
A MUNICIPAL CORPORATION I
BY:
Ted Bcnavides, City Manager
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I ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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"COVINGTON'
R.J. COVINGTON CONSULTING
BY: I
Richard J. Covingt
Nncr & Proprietor
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EXHIBIT A
FEES FOR SERVICES
Professional and support services, except for testimony, shall be billed at the following rates:
c President $145.00 per hour
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Vice President $120.00 per hour
3
Consultant S 90.00 per hour
t Assistant Consultant S 60.00 per hour t
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Administrative Assistant S 45.00 per hour
The above rates shall be adjusted each year, commencing January t, 1999, to reflect the change
in rates officially established by R.J. Covington Consulting. I
Testimony shall be billed at not less than eight hours per day.
Reproduction, printing, communications, computer services, and other miscellaneous support
services shall be billed at rates for such services as determined from time to time and officially
established by R.J. Covington Consulting. ,
All travel, food, lodging, and other work-related expenses, except automobile mileage,
associated with the provision of services hereunder shall be billed at cost. Automobile mileage
shall be billed at the mileage rate as published by the Internal Revenue Service from time to
time.
City shall pay to R.J. Covington Consulting any applicable sales tax, if in fact there is any sales
tax lawfully owing, which arises from, and becomes due and owing regarding services
. performed by R.J. Covington Consultants. f # i
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AMENDMENTTO
PROFESSIONAL SERVICES AGREEMENT
DATED FEBRUARY 16,1998
BETWEEN THE CITY OF DENTON AND
R.J. COVINGTON CONSULTING
TASK ORDER NO. 98-B
This Task Order sets forth specific services to be provided by R.J, Covington Consulting
(RJC) and amends Article IV, B,1 of the Professional Services Agreement. Tasks
provided for in this Amendment include; l.) Assistance In Development Of Purchase
Power Agreement, 2.) Analysis Of Strategic Options Regarding Divestiture,
3.) Development Of Request For Proposals For Distribution System Valuation Study;
4.) Services Related To Restructuring Activities.
Scope of Services
Task A Assistance in Development of Purchase Power Agreement
RJC will work with the City and Reed Consulting Group (Reed) w develop a purchased
power agreement that will, in the event of a sale of generation asiets, provide the City
with competitive rates while seeking to limit the exposure of the City to market risks.
The purchase power agreement will be used in negotiations with potential purchasers of
the City s generations assets and its share of TMPA.
Task A-1 Determine Key Competitive Points To include In Agreement
1. RJC will work with the City and Reed to develop an outline of key economic
points for inclusion in purchase power agreement. Such points will include
consideration of:
a. addressingcompetitivenes! of charges for power supply to the City
b. indexing of charges
c. assigning costs responsibility for transmission and ancillary service
charges
2. RJC will list operating Issues to address in the purchased power agreement.
a. provision of transmission services
b. provision of ancillary services
c. other issues as Identified
3. RJC will address risk management issues. 1
a. obligations as defauit provider
It responsibility for loss of customers
c responsibility for load growth
d, management of price variations I
e. reliability and quality of service
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Task A-2 Prepare Draft Sections of Purchase Power Agreement
1. Based on comments received from the City and Reed, RJC will prepare a
draft of the sections of the purchased power agreement that address costs,
terms and operating issues.
2. The draft will be provided to the City and Reed for comments.
3. Changes will be made and forwarded to Reed for inclusion in the complete
purchase power agreement
Task A-3 Review Of Proposed Purchased Power Agreement
1. RJC will review the complete purchase power agreement and provide
comments to the City and to Reed,
2. R)C will meet with City and Reed to discuss final purchase power agreement,
ture
Task 8 Analysis Of Strategic Options Regarding Divesti
RJC will work with City to evaluate options regarding whether to divest of generation
assets. Technical support will be provided in the consideration of strategic options for
competing in a competitive open market.
Task 0-1 Assistance In Development Of Strategic Models
1. RJC will continue work with City staff in finalizing the Generation Valuation
Model, the Impact Analysis and the Generation Competitive Analysis.
2 RMI will support Reed as requested in the development of models and
evaluation of strategic options.
3. RJC will focus on providing input regarding the ERCOT market and TMPA
cities history to options under consideration.
Task B-2 Coordination Between City And Other TMPA Cities
1. RJC will coordinate model development with similar models being developed ,
for the City of Garland.
2, RJC will meet with Director and the Director of Garland Power and Ught to
discuss strategic options as they affect both cities.
Task C Development of Request For Proposals For Distribution System Valuation
r
RJC will work with City staff in developing a Request For Proposals (RFP) to obtain bids
from consultants to perform a valuation study of the distribution system. The valuation
study will look at the total benefit to City's taxpayers and ratepayers from owing and
operating the distribution system. RJC will provide assistance to staff in the evaluation of '
consultants and will coordinate this effort with other projects in progress at the City related
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to restructuring in the electric industry in Texas. RJC will not be eligible to bid to perform
the valuation study.
Task GS Develop RFP
1. RJC will work with City staff to develop an RFP for valuation of the distribution
system,
a. The RFP will specify that proposals should address the full value of
distribution system to City, including consideration of shared services,
operating efficiencies, transfers to City, financing economies and other
factors as identified,
b. The study will also address qualitative factors such as quality of service,
customer satisfaction, and local control issues.
Task C-2 Evaluation And initiation Of Study
1. RJC will assist in developing list of consultants to send RFP if so requested by
city.
2 RJC will provide assistance in evaluating responses to the RFP, including
interviews of short listed proposers.
3. RJC will work with City staff and Consultant to initiate study, including a full
scoPing review of work lobe performed
~
Task C-3 Review Of Study
1. RJC will review a draft of the distribution study and provide input for
consideration by Director and Consultant
2. RJC will provide input to the city based on knowledge of unbundling and
restructuring activities in Texas at the PUC and Legislature,
Task D Services Related To Restructuring Activities
RJC will provide continued consulting services as specified in Article 11- Scope of Services,
in the Professional Services Agreement. As stated in Article It, such services are as follows.
i
• 'A. Covington shall provide to the CITY professional services and technical
support, upon City's request, which shall relate to PUC and Texas legislative
activities relating thereto, including without limitation, power marketing Issues,
stranded cost issues, participation and review of the Excess Cost Over Market
('£COM") model, pricing issues, TMPA issues, and divestiture Issues.' i
• "B. To consult with the City Manager, Assistant City Manager/ Utilities, the
Director of Electric Utilitics, the City Attorney, and other designated administrative O •
personnel regarding any and all aspects of the services to be performed pursuant to
t r this Agreement."
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Budget
The budget for the above scope of services for time and expenses is estimated at $41,000, +
%
This budget will not be exceeded without prior approval of the City. RJC will bill
monthly with supporting documentation of activities performed.
r
EXECUTED this--day of 199-
CITY: CONSULTANT: I
CITY OF DENTON, TEXAS R. J. COVINGTON CONSULTING
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By: By'
Ted Benavides, City Manager Richard J. Covingt opri
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AMENDMENTTO
PROFESSIONAL SERVICES AGREEMENT
DATED FEBRUARY 16,1998
BETWEEN THE CITY OF DENTON AND
R.J. COVINGTON CONSULTING
TASK ORDER NO. 98-C
This Task Order sets forth specific services to be provided by R.J. Covington Consulting
(R)C) and amends Article IV, B,1 of the professional Services Agreement. Tasks provided
for in this Amendment are to assist the city of Denton (City) by reviewing regulatory
information received from the City's attorneys as it pertains to the electric utility industry.
Because of the large amount of information related to the electric industry restructuring
and other industry changes, and the need to determine those issues for which timely
intervention or participation by the City is important, RIC will review data provided, file as
appropriate, and keep the Director of Electric Utilities (Director) informed of issues
requiring actions by the City and schedules for actions.
SCOPE OF SERVICES
Task A Catalog Information Provided By City and By City's Attorneys On Regulatory
Issues
RIC will catalog information received from the City and its attorneys for reference
purposes. A database will be maintained of documents received and filed location. 'The
dalabaw and the associated documents will W, availablL to City upon request.
Task B Review Of information
R)C will review documents received from the City and its attomeys and notify Director
when new dockets or projects are received. For those dockets and projects which are
identified by the Director for close watch, R)C will conduct an ongoing document review
and will provide brief synopses of those documents that pertain to key issues as identified
by Director.
Task C Consulting Services
Based on R)Cs experience in the industry and with the public Utility Commission (PUC),
RIC will review with the Director how issues may affect the City and whether the City
should intervene. RIC will coordinate discussions with City's attorneys when so directed '
by the Director.
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Task D Scheduling Services
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RJC will assist in maintaining a schedule of activities for projects and workshops at the
PUC of which the Director needs to be aware. Information from RJC can be combined with
information from other sources to keep an updated schedule of activities needing the e
Director's attention. Information from RJC will be updated weekly and will be provided to E
Director in an agreed upon format RJC will work with the City and its attorneys to !4
determine the best method to facilitate a combined schedule.
E ~
Budget
The bud&-A for the above scope cf services for time and expenses is estimated at $12,000 for
i
the period May 1, 1998 through May 1, 1999. It is also understood that this scope of a
services is for high ]suet review of documents and does not include in-depth review or
analyses. Such additional services will be provided to City under separate Task Orders
and budgets at the direction of the City. The budget established in this Task Order will not
be exceeded without prior approval of the City. RJC will bill monthly with supporting
documentation of activities performed.
J
EXECUTED this-day of , 399_
CII'Y• CONSULTANT:
CITY OF DENi'ON, TEXAS R. J. COVINGTON CONSULTING
By, - BY'
Ted Penavides, City Manager RicArdl ovin gton, prietor
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PUBLIC UTILITIES BOARD DRAFT MINUTES
,
April 20,1993 1
Sharon Mays, Director of Electric, asked the Board to approve Task Orders 98-B and 98-C between the
City of Denton and R.1. Covington Consulting for an amount not to excr A $47,000 and 512,000
respectively.
The Public Utilities Board voted unanimously to approve Task Orden 98-B and 98-C after a motion by
Board Member Dick Norton and second by Board Member Charldean Newell.
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AGENDA INFORMATION SHEET Apenda No, DI
Apenda Ite
AGENDA DATE: April 28,1998 We
'
DEPARTMENT: City Manager's OMee
CMIDCM/ACM: Rick Svehla, Deputy City Manager
F '
- SUBJECT- ~r +
Presentation by Council of Governments (COG) and the Dallas Regional Mobility Council
(DRMC) on transportation issues.
BACKGROUND-
1 COO, DRMC, and TxDOT have been working on the 2020 Regional Mobility Plan. Tuesday
night representatives from COO and/or DRMC will present a slide presentation outlining
transportation needs and funding capabilities.
A
Respectfully submitted: r
Rick Sve la
Deputy City Manager
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AGENDA INFORMATION SHEET Agenda No. v~
Agenda Itc _
AGENDA DATE: April 29, 1998 Oate_ "
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349.82321h4{
SUBJECT
RECEIVE A BRIEFING AND HOLD A DISCUSSION ON LAND USE
ASSUMPTIONS FOR IMPACT FEE IMPLEMENTATION, AND SET A DATE FOR
PUBLIC ADVERTISEMENT OF THE LAND USE ASSUMPTIONS
BACKGROUND
Based on the population forecast data prepared by the consulting firm of Rust
Environment and Infrastructure, the Planning Department has prepared the Land Use
Assumptions which is a legal requirement for implementing impact fees for the water and
wastewater treatment facilities. These assumptions were prepared with input from the
City's Impact Fee Consultant, These assumptions were presented to the Capital
Improvements Advisory Committee on April 22 and were recommended to the Council
for adoption. Staff will present these assumptions, which are shown in Exhibit 1, to the ` `rr
City Council for their review.
Council has set a hearing date of June 2, 1998 for a public hearing on these Land Use
Assumptions. Chapter 395 of the State's Local Government Code mandates a 30 to 60-
day public review time for adoption of the Land Use Assumptions. Staff is scheduling
the first advertisement of the notice of public hearing on adoption of Land Use
Assumptions for implementing impact fees for Water and Wastewater Treatment
facilities on May 1, 1998. This will allow 32 days of public notice prior to the hearing
date of June 2. Two additional advertisements, each a week apart, will also run in the
newspaper.
ESTIMATED SCHEDULE OF PROJECT:
See Exhibit 11 "Impact Fee Schedule."
PRIOR ACTIONIREVIEW (Council. Boards. Commissions):
Council briefing on process considerations for enacting impact fees- October 28, 1997
Council briefing on the comprehensive plan- December 16, 1997
Council briefing on impact fees- January 13, 1998
Council approval of Professional Services Agreements for impact fees implementation,
February 17, 1998
Council approval of ordinance creating the Denton Capital Improvements Advisory
Committee, March 17, 1998
Council approval of ordinance to set a hearing date on Land Use Assumptions, April 21, w
1998. ;
0 FISCAL INFORMATION
None.
Respectfully submitted,
l lor cP Waale'r Utilities
Exhibits Staff memorandum
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EXHIBIT 1
City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
{ to City Council on April 22, 1998.
"
Land Use Assumptions
Introduction
These Land Use Assumptions have been developed as the basis for the preparation of
an Impact fee ordinance for system-wide water and wastewater capital Improvements
according to the requirements of State law. Impact fees must be developed in
accordance with Chapter 395 of the Texas Local Government Code. In the State Code,
at 395.001 (5), 01_and Use Assumptions" must Include a description of the service area
and projections of changes in land uses, densities, intensities, and population in the
service area over at least a ten-year period,
The state law requirements for land use assumptions are summarized as follows:
1. Land use assumptions as defined by Section 395.001(5);
2. Time period of projections;
3. Description of general nature potential capital improvement facilities; and
4. An easily understandable map of the service areas.
( The ten-year planning horizon used in developing the Land Uae Assumptions is 1599-
2009. Growth projections presented in this report are based on work completed under
contract for the City of Denton by Rust Environmental and Infrastructure, Inc., a Dallas
company, including the population forecasts contained In a recent report. The forecast
projects a three (3) percent annual Increase from 1997 through 2002 and a five (5)
percent annual incres: 3 from 2003 through 2009. See Exhibit C.
These over-all growth forecasts for the City are reflected in the Land Use Assumptions
for the City's Water and Wastewater CCN service areas. A CCN Is a 'Certificate of
Convenience and Necessity" that must be approved by the Texas Natural Resouces
Conservation Commission (TNRCC) before services may be provided to properties
within the designated area, The water and wastewater service areas Include all of the
area within the City plus different areas of the City's Extra-Territorial Jurisdiction. The
Wastewater Service Area includes an area larger than the Water Servioe Area. Maps of
these service areas ere attached as Exhibit A (Wastewater) and Exhibit B (Water).
The product of these land use assumptions will be applied to a projected ten-year
Capital Improvement Program (CIP) for the City's water and wastewater treatment
• facilities to develop an impact fee that can be assessed to future development. The
impact fee will reflect the `fair share" of the cost of eligible water and wastewater capital p •
y improvements that will directly benefit new development within each service area.
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City of Denton, Texas Land Use Assumptions
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Recommended for approval by the Denton Capital Impro vements Advisory Committee
to City Council on Apdt 22, 1998.
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Methodology
Land Use Assumptions will be developed to project new Residential and Non
Residential development anticipated to occur from 1999 through 2009. Estimated
residential development is stated b; terms of the number of new housing units. The
number of projected housing units Is directly related to the population forecast for the
City provided by Rust. Estimated non-issldential development is stated in terms of
square feet of development and Is prima1ly related to the change in population, but also
{ reflects local and national standards for rdios of land use within communities.
I Projected non-resldential development is forecast for commercial, industrial and dvic
s land uses. Civic land uses Include Institutions such as schools, universities,
government facilities, churches, parks, streets, and other Infrastructure.
Residential housing units and non-residential development In square feet will be
converted to demand for water and wastewater service and applied to the CIP. c
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City of Denton, Texas Lend Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
{ to City Council on April 22, 1998. I
Residential Land Use Assumptions
To estimate the number of new housing units expected as a result of forecast changes
in population it is necessary to state assumptions about the following:
• estimated population expected within the water and wastewater service
areas;
estimated mix of housing units - single family as compared to multi-family;
• estimated percentage of population living in group quarters such as
college dormitories, assisted living centers and jails;
• estimated percentage of population that will live in single-family housing
units compared to the percentage that will live in multi-family housing
units;
• estimated persons per housing unit for single-family and multi-family
housing units; and
• changing trends in these demographic factors over time.
Current Conditions
it Is Important to understand the current conditions with respect to each of these
residential land use assumptions:
• The estimated 1997 population is 74,400 for the water service area and
80,300 for the wastewater service area. The estimated 1997 population
for the City Is 71,450.
• In 1997, single family housing types accounted for 47% of all housing
units while multi-family and other types accounted for 53%. The
percentage of single-family residential development Is among the lowest In
the Dallas-Fort Worth metropolitan area.
1997 Hous{n Units within the CI of Denton
Aril, 1990 ' Apn11990 thru 1997 1997
Type
• Single Family 13,207 1,808 15,013
Multi-Family & Other _ 15,584 1,141 18,725
TOTAL 28,791 2,947 31,738
• In 1990, more than 10% of Denton's population lived in group quarters.
• • In 1990, 59% of Denton's population lived In single-family housing, while ,
41 % lived In multi-family and other housing units (not group quarters). ' • }
1990 Census, SFT•3
' City of Denton, Building Permit data, April 1990 through December 1991
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
• In 1990, the estimated persons per housing unit, by type, was 2.8 persons `
per single-family housing unit and 1.7 persons per rnulti-family and other
housing unit. These numbers are estimated from 1990 census data that
shows 2.7 persons per unit for owner-occupied housing, 3.1 persons per
family household, 2,0 oorsons per unit for renter-occupied housing, and
1.4 persons per non-family household.
Projected Conditions
The process for achieving year 2009 non-residential land use in terms of square feet of
new development from an estimate of new housing units developed during the period
1999 through 2009 is as follows:
RESIDENTIAL HOUSING UNITS
Forecast of Population
Persons per Housing Type
i
Housing Unit Mix
Persons per Housing Unit
New Housing Units
Following are the assumed factors used to derive an estimate of the number of new
- housing units for the period 1999 through 2009.
ESTIMATED POPULATION BY SERVICE AREA
YEAR WATER CCN WASTEWATER CCN
SERVICE AREA SERVICE AREA
1999 78,900 _ 85,200 "
2009 121,400 131,00
Over the ten-year period it is anticipated that the Denton area will develop more single
family housing units than multi-family housing units, moving to an estimated 50% level,
rather than 45%. of all housing units In the area that are single-family housing units. To
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City of Denton, Texas Land Use Assumptions
Recommended for apluoval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
do so, 55% of all new housing units must be single family housing. To put this In
perspective, in 1996 and 1997, only 38% of all housing units completed in the City were '
single-family units. However, it appears that the number of single-family building lots
recently platted will begin to be developed very soon and it is estimated that single-
family residential development will overtake multi-family residential development.
ESTIMATED MIX OF HOUSING TYPES
YEAR ~ SINGLE FAMILY MULTI -FAMILY
1999 47% 53%
2009 50% 50% _
Y,
In 1990, more than tan percent of the city's population lived in group quarters, such as
college dormitories, elderly housing, and Institutions. It is estimated that the rate of
growth for population living In housing will exceed the rate of growth for population living
in group quarters, thus the percentage of population living In group quarters is expected
to decline by 2009. Ten percent of the city's population living in group quarters In 1990
accounted for 6,994. Seven percent of the wastewater service area population In 2009
would beg, 170. p
ESTIMATED PERCENTAGE OF
POPULATION IN GROUP
QUARTERS
1997 9%
- 2009
The density of residential land use is indicated by the ratio of single-family to multi-
family housing units, The development of single-family housing units is expected to
increase at a greater rate than multi-family housing, and the average household size for
single-family units is greater than multi-family, It Is therefore anticipated that the
percentage of population living In single-family housing will increase from the 1990 rate
of 59%.
ESTIMATED PERCENTAGE OF POPULATION
BY HOUSEHOLD TYPE
YEAR SINGLE FAMILY MULTI - FAMILY
1499 - ---59% _41%
~200 63% 3I% ~
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The intensity of residential land use is Indicated by the number of persons per housing I
{ unit. The local and national trend toward smaller households Is expected to continue.
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
ESTIMATED PERSONS PER UNIT
YEAR SINGLE FAMILY MULTI - FAMILY
1999 2,8 1.7
2009 2.7 1.8
j
i Applying each of these factors to the forecast population for water and wastewater
service areas yields the estimated number of single-family and multi-family housing
units for the period 1999 through 2009.
1 s
RESIDENTIAL LAND USE ASSUMPTIONS ;
WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA
CHARACTERISTIC
1999 2009 Change 1999 2009 Change
I
Population 85,200 131,000 45,800 78,900 121,400 42,500
Population in Group 7,700 9,200 1,500 7,100 8,500 1,400
Quarters
Household Population 77,500 121,800 44,300 71,800 112,900 41,100
Single Family 45,900 76,400 30,590 42,500 70,800 28,300
Multi-family 8
Others 31,600 45,400 13,600 29,300 42,100 12,800
Stngla Family 16,400 28,300 11,900 15,275 26,255 10,980
Dwelling Units C
Multi-Family & Other 18 600 28,300 91700 17,225 26,255 9,030
Dwelling Units
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
Non-Residential Land Use Assumptions
To estimate the amount of commercial, industrial and civic development expected as a
result of forecast changes in population it is necessary to state assumptions about the
following:
a estimated population expected within the water and wastewater service
areas;
ratio of developed land by typ t of land use, in the city and from national
studies;
• estimated land use rate for residential development;
• estimated ratio of non-residential land uses to residential land use;
estimated floor area per acre of non-residential land uses; and
changing trends in these land use factors over time.
Current Conditions
It is important to understand the current conditions with respect to each of these non-
residential land use assumptions.
In 1997, data from the North Central Texas Council of Governments
(NCTCOG) shows the following land uses within the City of Denton:
44107 '.and Use within the CI of Denton i
Land UsE Acres All Land Develo oQed Land
Residential _ 6,688 18.7 50.7
_Single-family 5,513 15.4 41.8
Multi-ifs P, /other 1,175 3,3 8.9
Commercial 1,235 3.5 9.4
Industrial 1,167 3.2 8.9
Civic 4,094 11.5 31.0
• Total Developed 13,184 36.9 _ 100
Total Undeveloped 22,547 63.1
Total 35,731 100
In 1992, the American Planning Association produced a survey of land
use ratios for cities throughout the country. This allows some comparison
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• for the 1997 Denton data.
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capita! Improvements Advisory Committee
to City Council on April 22, 199 S.
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Land Use Ratios
1997 Local and 1992 National Oata3
Residential (SF) Commerdal IrxlusVial Civic
1997 Denton 52(42) 9 9 31
1992 Small Cities'_ 52(41) 41 10 7 31
1992 Cities SOK•90K 50(39) 9 12 30
1992 Large Cities -48(36) 10 10 32
1992 Cities 100K-20K 47(35) 9 7 37
• In 1997, within the City of Denton and assuming there were no housing
units located on land specified as non-residential se, there were 15,015
single-family housing units on 5,504 acres, a rate of 2.7 units per acre.
There were 16,725 multi-family and other residential units on 1,175 acres,
a rate of 14.2 units per acre. Overall, there were 31,740 housing units on
6,688 acres of residential land, a rate of 4.75 housing units per acre,
1997 Housing Units per Acre
Units Acres Units/Acre
Single-Family 15,013 5,504 2.73
f Multi-Family & Others 16,725 1,175 14.23
TOTAL 31,736 6,679 4.75
• Applying the area of each type of non-residential land use to residential
land use and multiplying by the number of housing units per acre of land,
a ratio expressed in the numWr of housing units required to support an
acre of commercial, Industrial and civic land use can be developed.
1997 Land Develo mant Rate
Commercial Industrial Civic
Housing units needed
to support an acre of 25.7 27.2 7.8
land
• The current City of Denton zoning code allows a 2 : 1 floor area ratio on
commercial and Industrial land, In other words, on one acre of
commercial or industrial land as much as 87,000 square feet of floor area
is allowed to be developed. However, a more practical development
Intensity has been a floor area of 0.25: 1 for commercial and 0.4 : 1 for
industrial land uses. 0
Bringing Land Use Ratios Into the'90s, APA Memo, August 1492
Small Cities are those in the survey with populaton less than 100,000
Large Cities are those In the survey With population over 100,000
NCTCOO data, 1998
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City of Denton, Texas Land Use Assumptions „
Recommended for approval by the Denton Capital Improvements Advisory Committee E r
to City Council on April 22, 1998.
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Projected Conditions
The process for achieving year 2009 non-residential land use In terms of square feet of
new development from an estimate of new housing units developed during the period
1999 through 2009 Is as follows:
NON-RESIDENTIAL LAND USE
Housing Units t
f `r
Housing Units per Acre of N-R Land Use
New Square Feet of Development per Acre
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Square Feet of N-R Development 9
l ~ :K Following are the assumed factors used to derive an estimate of the amount of new
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non-residential development for the period 1999 through 2009. i
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ESTIMATED POPULATION BY SERVICE AREA j
WATER CCN WASTEWATER CCN i
YEAR SERVICE AREA SERVICE AREA
1999 - 78,900 ;35,200
^'J9 121,400 131,00
f
It is anticipated that over time, the percentage of area devoted to residential and'.
• commercial development within the service areas will Increase and the percentage of
area devoted to industrial development will decrease. It is assumed that most '
commercial, industrial, and civic development will take place within the boundaries of
the City of Denton.
Estimated Percent of Developed Land In Service Areas i;
Sin e• Multi-
~ Year g.! Commercial lndusiriaf Civic S f
family famii
1999 42.0 9.0 9.5 8.5 31.4
2009 4370 10.0 10.0 9.0 29.0
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Recommended for approval by the Denton Capital tmproveme.zts Advisory Committee
{ to City Council on April 22, 1998.
It Is anticipated that over time, rusidenlial development in the area will become denser
than the numbers Indicated in 1997. For future development, it is estimated that single- '
family residential housing will develop at a rate of 4 units to the acre (compared to 2.7)
and multi-family residential housing will develop at a rate of 20 units per acre (compared
to 14.2). ;
The density of non-residential land use is indicated by the relationship between
residential and non-residential land used. As residential and non-residential
development in the water and wastewater service areas becomes denser th,n the
patterns developed over the past one hundred years, the number of housing units
required to support an acre of non-residential land use can be expected to Increase.
However, commercial land use Is expected to remain proportional to residential land
use.
1999
Housing Units per Acre of Non-Residential Developed Area
(Calculated on the basis of 100 developed acres)
Single-Family Housing 42 acres (42%) x 4 units/acre = 168 units
Multi-Family Housing 9 acres ( 9%) x 20 units/acre = 180 units
C total Housing 348 units
Commarcial 348 units + 9.5 acres (9.5%) = 37 units per acre
Industrial 348 units + 8.5 acres (8.6%) = 41 units per acre
Civic 318 units + 31 acres( 31 = 11 units per acre
2009
Housing Units per Acre of Non-Residential Developed Area
(Calculated on the basis of 100 developed acres)
Single-Family Housing 43 acres (42%) x 4 unitslacre = 172 units
Multi-Family Housing 10 acres (10%) x 20 units/acre = 200 units
Total Housing 372 units
Commercial 372 units + 10 acres (10%) 37 units per acre 0
Industrial 372 units + 8 acres ( 8%) 47 units per acre
Civic 372 units + 29 acres (29%) = 13 units per acre
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
Estimated Non•Reaidentlal Land Development Rate
~Housing units er acre of non-residential land
Commercial Industrial Civic
1999 1 37 41 11
2009 37 47 43
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The Intensity of non-residential land use is indicelod by the amount of floor area i
developed per acre of land. It can reasonable be expected that commercial and civic
intensity of land use will Increase by approximately 20%, but that Industrial land use
Intensity may be expected to remain approximately the some. The table also Indicates
lho relt :ive Intensity of land use among each of the non-residential land uses, with 4 ,
Industrial land developed most Intensely, followed by commercial and clvio, with Its high
percentage of parks and other public areas, not very intensely developed,
t atimated Non-Residential Land Development Rate
Percent of %or area per acre of non-residential land
Coirrnercial Industrial- Civic
1999 25 40 b
2009 30 40 6
Applying each of these factors to the forecast population and housing units for water
and wastewater service areas yields the estimated amount of non-residential
dovelopment, as measured in square feet, for the period 1999 through 2009.
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City of Denton, Texas Land Use Assumptions
Recommended for approval by the Denton Capital Improvements Advisory Committee
to City Council on April 22, 1998.
NON-RESIDENTIAL LAND USE ASSUMPTIONS
CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA
1999 2009 Chan a 1999 2009 Change
Poputation 85,200 131,000 45,800 78,900 121,400 42,500
Housing Units 35,000 56,600 21,600 32,500 to. ;lD 20,010
Land Use (Acres)
Commercial 950 1,550 600 900 1,400 500
Industrial 850 1,200 350 NO 1,100 300 +
Civic 3,200 4,350 1,150 3,000 4,000 1,000
Floor Area Minton Sq Ft)
Commercial 10.3 20.3 10.0 9,8 18.3 9.5
Industrial 14.8 20,9 8,1 13.9 19.2 5.3
Civic 7.0 11.4 4.4 fi.5 10.4 3,9
RESIDENTIAL LAND USE ASSUMPTIONS
4HARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA
1999 2009 Change F7, 2009 Change
Population 85,200 131,000 45,800 0 121,400 42,500
Population In Group 7,700 9,200 1,500 0 8,500 1,400
Quarters
Household Population 77,500 121,800 44,300 0 !12,900 41,100
Single Family 45,900 76,400 30,500 42,500 70,800 28,300
Multi-Family &
Others 31,600 45,400 13,800 29,300 42,100 12,800
Single Family 16,400 28,300 11,900 15,275 26,255 10,980
Dwelling Units
Multi-Famlly & Other 18,600 28,300 9,700 17,225 26,255 9,030
Dwelling Units
13
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EXHIBIT A
Wastewater CIS
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Water CCN EXHIBIT B
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EXHIBIT C
rM Rust Environment & IMrastructure Inc,
ARat lntnm6 Orel C.,np~n~ Phom 711830 8067
142O Wen MxhnI two ro, 211831 8+28
su i4 30O
O 'ta1. TX 77267190E
April 17, 1997
,
Mr. Dave Hill
Director of Planning
City Hall West
t 221 N. Elm
Denton, Texas 78201
Dear Mr. Hi IL
Two tables containing population forecasts for the wator and wastewater CCN's of the City
of Denton are attached. The population forecasts should be considered preliminary and
the column labeled 3%-S% Is to be considered the Most Like Scenario. The three percent
forecast is not likely for the City, and was included primarily as a point of reference;
however, the three percent forecast does represent the low range of the forecast and five
percent the upper range of the forecast. `
The Most Likely Scenario assumes that population will Increase at an annual rate of three
percent through the year 2002, after which the rate will Increase to five percent per year.
As more Information becomes available the forecasts should be refined, and the forecasts
should be updated after the next census results are available,
~ I
I hope the attached information Is adequate for your needs. If you require additional
information, of have any questions, please do not hesitate to contact me at 2141838-0145.
I am, with best regards,
'r
Yours very truly
Rust Environment &'I IF cture
"Ae
Albert C. Petrasek, it., Ph.D., P.E. s
Vice President
V
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Population Forecasts for Wastewater CCN
Year 3°/, 4% 6% 3%-5%1
1
1997 80,300 80,300 80,300 80,300
1998 82,709 83,512 84,315 82,709
1999 85,190 88,852 88,531 85,190
2000 67,746 90,327 92,957 87,746
2001 90,378 93,940 97,605 90,378
2002 93,090 97,697 102,485 93,090
2003 95,882 101,005 107,610 97,744
2004 98,759 105,669 112,990 102,631
2005 101,722 109,896 118,640 107,763
e 2006 104,773 114,292 124,572 113,151
2007 107,918 118,884 130,800 118,809
2008 111,154 123.618 137,340 124,749
2009, 114,469 128,583 144,207 130,987
'Recommended Forecast (4117198) I
i
i
Population Forecasts for Water CCN
Year _ 3% 4% 5% 3%•6W
/ 1997 74,400 _ 74,400 74,400 74,400
1998 76,632 77,376 78,120 76,632 i
1999 78,931 80,471 82,026 78,931
2000 81,299 83,690 88,127 81,299
2001 83,738 87,037 90,434 83,738
2032 E6,250 90,519 94,955 86,250
2003 88,837 94,140 99,703 90,562
2004 91,503 97,905 104,668 95,091 f
2005 94,248 101,822 109,923 99,645
2006 97,075 105,894 115,419 104,837
2007 99,987 110,130 121,190 110,079
2008 102,987 114,535 127.249 115.583
'Ir 2009 106,077 119,117 133,612 121,362
'Recommended Forecast (4117198)
1
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EXHIBIT 2
Impact Fee Schedule
Dates ssuminq that we base Land Use
k Assumptions on Market Forecasts
Cou%d appoints Adv Board 17•Mar
Rust brlnfs Council and Adv Board on
market forecasts 24-Mar
t
Rust modifies forecasts as approprale 31254115
Council sets hearing date 21-Apr
Adv Board recommends land use
2 assumptions 22-Apr
Mandatory 30-60 day public review 4122.812
Council holds public hearing 2-Jun
P
f Council adopts land use assumptions 18-Jun
AGT1Duncan reviews existing plant
Info 3118-4110
AGT1Duncan prepares 19-yr CIP 4113-5131
PUB review I-Jun
Adv Board review 10-Jun s ,
City Council review 9-Jun
AGT1Duncan modify 10-yr CIP 8112.7124 `
t
1 Council sets hearing date 4-Aug
Adv Board sends comments on CIP 12-Aug
Mandatory 30-60 day comment period 815.9115
Council holds public healing 15•Sep
r
Council adopts fees 1018198 h
18,
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AGENDA INFORMATION SHEET AucnCa It(e/m)_,
AGENDA DATE: April 28, 1998
DEPARTMENT: Utilities Administration
ACM: Howard Martin. Assistant City Manage r(Utili tics
SVBJECI
Receive an update rind hold a discussion on the Chapman Lake (Cooper Lake)
water supply project. Proposed UTRWD Lake Lewisville Pass-Through
Agreement. (Exhibit Ilq
BACKGROUND
The UTRWD has requested Denton's cooperation in approving a contract that would
allow the UTRWD to flow their share of Lake Chapman water through Lake Lewisville
using the rights Denton has for storage, water yield and withdrawal permits, The
U I R%Al) purchased 11.7 MGD of water from the City of Commerce in Lake Chapman.
Denton has participated in this project with the UTRWID and purchased a 2 MGD share
of the U'RWD's 11.7 MGD supply.
s
The City of Irving and North Texas Municipal Water District (NTMW'D), each have
approx°mately 40 NiGD of water rights in Lake Chapman, and have jointly built a 84 inch
diameter pipeline from Lake Chapman to Lake Lavon where NTMWD will take its share
of the waler. Irving plans to build a pipeline from the terminus of the Lake
Chapman/Lavon pipeline westward to discharge their 40 MGD share of the water into
Lake Lewisville. Irving has signed on agreement with Dallas to utilize Dallas's rights for
storage, yield, and withdrawal permits in Lake Lewisville to flow Irving's water through
the lake and discharge it into the Elm Fork Trinity River for delivery to the Dallas Elm
Fork Water Treatment Plant downstream, A key component of this Irviag/Dallas flow
through agreement is the contracting of a portion of Dallas's storage rights in Lake
Lewisville to Irving in exchange for financial compensation totaling 37.18 million dollars
over the 30 year term of the agreement. Irving's alternate would have been to build a
pipeline and storage system to transport the lake Chapman water supply around Lake
Lewisville to the Elm Fork Trinity River channel. Irving's contracted use of Dallas's
storage rights in Lake Lewisville will also provide Irving with substantial opportunities
i for capital and operating savings in the transmission system.
T he Lake Lewisville Pass-Through Agreement proposed by the UTRWD does not intend
to acquire storage rights or to impact water yield from Denton. However, Denton's
utility staff has requested the assistance of Freese and Nichols to evaluate this contract in p
greater detail and provide recommendations to Denton or, negotiating the terms and
conditions of this agreement. At the present time, i reese and Nichols is sull working on
this evaluation and Denton's Utilily staff is not prepared to recommend approval on the
UTRWIU's pass through agreement,
T
.10 32X1 El
0
ESTIMATED SCHEDULE OF PROJECT
Irving has negotiated a contract with Montgomery Watson Inc., to serve as Program
Manager for the Lake Chapman water supply project. UTRWD is trying to develop a
Joint Development Agreement between the City of Irving and the UTRWD for
participation in the Irving,'Lake Chapman project to transport UTRWD Lake Chapman
Water supplies to Lake Lewisville. The current schedule for the pipeline project is as
follows:
Planning Phase 1998.1999
Design Phase 1999.2000
Construction Phase 2000-2002
PRIOR ACTION REVIEW (COUNCIL BOARDS COMMISSIONS)
Presented to the Public Utilities Board at their Regular Meeting April 6, 1998,
FISCAL INFORMATION
Denton's share of the pipeline project are unknown at this time. Preliminary estimates of
capital and O & M expenses for Denton's 2 MOD share of the Lake Chapman Water
Supply project are as follows:
Annual 0 & M Cost $183,400.00
Annual Debt. Service (25 ) rs) $284,200.00
Total $467.600.00
Projected Revenues from UTRWD for the Pass Through Agreement
$0.0211000 gallons for UTRWD's share of 11.7 MOD supply
Estimated Annual Revenue $70,810.00
WA?
A locaiie, map showing Lake Chapman (Lake Cooper), Lake Lavon and Lake Lewisville
is attached as Exhibit I.
Respectfully snnu bm i t ted ;
Tim Fisher
• Water Production Manager
I
Y Exhibit: I Location Map
11 Contract Highlights r'
• HI March 31, 1998 Draft- UTRWD Lake Lewisville Pass-Through
Agreement
IV Memorandum to file from Freese & Nichols, Inc. dated 03.23.98
; fNV, 7. ~i 32 x ❑
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CHAPMAN
- TRANSMISSION LINES f
GEORG
COOK E I RAYSON I PA O1'
I
FANNIN IDE
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j DENTON HUNT I
Denton CHAPMAN ':0
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• RANT i I LL RAINS
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LAKE CHAPMAN (COOPER)
MAJOR CONTRACT COMPONENTS
1.
1) District is developing a plan to move 11.7 MGD
from Lake Chapman into Lewisville Lake.
a
2) The participants in Chapman water include:
UTRWD 7.7 MGD
Lewisville 2.0 MGD
Denton 2.0 MGD
3) The "Pass-Through" agreement allows ;
UTRWD to utilize Lake Lewisville to transport
water to the District's treatment facility.
- f
4) The transportation of water through Lewisville
will be accomplished within storage rights of the
a
City of Denton.
5) District will pump only water that is withdrawn
for treatment purposes thereby not using any of
Denton's storage on Lewisville.
1
EXH1131Y 11
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PUB MEETING, APRIL 6, 1"S
CHAPMAN LAKE
CONTRACT UPDATE
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t 6) Any water pumped that exceeds the amount of
water withdrawn at the end of each month will
become Denton water.
7) District agrees to buy Denton's 2MGD at the
Dallas wholesale rate,
8) Denton agrees to sell District water during flood
stages at the price posted by the City of Dallas
for interruptible water (approximately 250/1000
gallons).
i
9) Denton will receive 2¢/1000 gallons on all water
pumped into Lewisville minus Denton's 2.0 ;
MGD.
~ F
10) District will make application to obtain
permission form the TNRCC to reuse all
Chapman water treated and returned to
~
{ Lewisville. Dallas is in agreement with this
provision.
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DRAFT
t March 31, IN$
UPPER TRINITY REGIONAL WATER DISTRICT
AGREEMENT WITH CITY OF DENTON AND CITY OF LEWISVILLE
CONCERNING
WATER FROM COOPER (CHAPMAN) LAKE
i ,
THE STATE OF TEXAS §
COUNTY OF DENTON §
This LEWISVILLE LACE PASS-THROUGH AGREEMENT (the'Agreementl for water from Cooper i
(Chapman) Lake is made and entered Into as of the day of , 19" (the
"Date of Agreement"), by and between the CITY OF DENTON (heroin "Denlonq, and the CITY OF `
LENSVILLE (herein "Lewlsvillel and UPPER TRINITY REGIONAL WATER DISTRICT (herein the
'District"), each of which is sometimes referred to herein as Party or collectively as the Parties, I
WITNESSETH
WHEREAS, the District entered into a contract 'with an Initial term of fifty years) on July 5, 1990 with
the City of Commerce, Texas to purchase water out of Cooper Lake (recently renamed Chapman
• Lake), the amount of which is approximately 11.72 million gallons per day (mgd) on a firm yteid basis,
which amount is subject to revision by future study; and
1
i ~^l
WHEREAS, the amount of water under the Commerce contract available to the District by diversion
out of Cooper Lake in any given year is authorized to be approximately 14.0 mgd Including O
f everdrafting rights; and
EXHIBIT III
25 x ~ 32'
I
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F
4
UTRW=Ny of DeMonCey of I.Wivale
I.WsOkf Lake Past-Through Aatwnent • What from Cooper (Ch"n) Lake
March 31. ON Draft
Pape 1
WHEREAS, the actuaT yield and available diversion amount from Cooper Lake maybe modified in
future based on updated yield studies or operating agreements; and
I
I
WHEREAS, District may purchase additional water out of Cooper Lake from City of Irving or other
parties; and
` WHEREAS, on behalf of District, the City of Commerce and Sulphur River Municipal Water District
applied to and received authorization from Texas Natural Resource Conservation Commission for
District to divert water from Cooper Lake in Sulphur River Basin to Trinity River Basin for t se by
District; and
)
WHEREAS, Denton, Levtisville and others entered Into a contract with District on June 10, 1991 to
purchase specific amounts of Cooper water from District pursuant to the Commerce contract; and
WHEREAS, the amount of slid water that Denton and Lewisville respectively agreed to purchase
on a firrn yield basis under said June 10, 1991 contract Is approximatety 2.0 mod respectively; and
WHEREAS, the City of Irving holds water rights (approximately 39.5 mgd) in Cooper Lake, and has
i
1 appropriate authorization to divert said water to the Trinity River Basin; and
WHEREAS, Distriet is planning to participate with the City of Irving in the design, construction and `
• • •
operation of pipeline, pumping and meter fatalities to transport and measure Irving's and District's
`+O waler from Cooper Lake to Lewisville Lake; and
er
32X
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i urnwrncay of DerdcMCIty at L"Asvata
Lawisviaa Lake Pus-Mouah Agreement • wafer from cooper )CAapman) take .
March 31, it$$ Draft l
Page 7
I
WHEREAS, Denton and City of Dallas, respectively, hold water rights in Lewisville Lake, which rights
i
I
enable Denton and Dallas to authorize other parties to transport water into, through, and out of
Lewisville Lake; and
WHEREAS, the City of Irving expects to convey its water from Cooper Lake through Lewisville lake
(with specified use of storage rights) under an agreement with the City of Dallas for subsequent
treatment downstream of Lewisville Lake; and
WHEREAS, Denton desires to pass its share of Cooper water through Lewisville Lake for withdrawal
at its existing intake structure and treatment at its existing water treatment plant of for sale to District
or other parties approved by District; and
WHEREAS, District and Lewisville desire to pass their share of Cooper water through Lewisville
Lake (with no rights of storage) to the existing Intake structure Jointy, owned by Lewisville and District
for subsequent treatment at water treatment plants owned by District and Lewisville, fspectivey;
and
t a„
s WHEREAS, it is the desire of all parties to this Agreement to convey and ins on an annual basis i
I all of the water available to District from Cooper lake; and
f '
WHEREAS, the •Distrlcl's water as generally referred to in this Agreement includes all of the water r !r'
f r purchased pursuant to the July d, 1090 contract with City of Commerce, including amounts of said
0 ,
water Contracted to Denton and Lewisville and others parties pursuant to the June 10, 1901 contrail s
f
~~x.~ 25 ~I❑ K 32 x10
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VTRt+ =ky ol0adori Cty of lavAavrke
p l,ewAavga Lake Pas - Mo"h AWmn*M • avatar rromcooW (CMpmml Lela
~..d March 11,1"1 Draa
31 Paps i
and similar water sales contracts entered Into by District subsequent thereto, and any additional f
water to be purchased by District from others out of Cooper Lake; and
pxn ~ 1
WHEREAS, it is the Intention of all parties to this Agreement that any passage of Cooper Lake water
by District through Lewisville Lake will no! occupy or impair storage rights of Denton or City of Dallas
in Lewisville Lake; and
f
WHEREAS, Denton, Lewisville and District desire to cooperate In strategies to facilitate the efficient
,i
and economical transportation and use of Cooper Lake water, and
si
WHEREAS, Denton, Lewisville and District own and operate separate Intake and water treatment
facilities, the collective capacity of which is more than adequate to withdraw and treat Distriol's water
from Cooper Lake that might reasonably be expected to be discharged Into Lewisville Lake on any
i
given day.
NOW, THEREFORE, In consideration of the mutual covenants .md agreements herein coniahrod
and subject to the terms and coriftons herein set forth, Denton, Lewisville and District agree arid
i ' con Itscl as follavs.
h A
• ARTICLE
PREAMBLE
i
' I
Section 1.0. Preamble. That the matters slated In the preamble are M and correct and are
incorporated Into the body of this Agreement as if copled herein In their entirety. •
Iw
9
2Sk~Q 32X
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{
. UTRW=fty of DentoMCay or Lewlsvft `
{ LwMvlee Lake Pass-Through Agrewwiil • water from Cooper (Chapman) Lake
March 71, 1000 Draft
Papa I
ARTICLE 11 1
THE PROJECT
I
Section 2.0. Cooper to Lewisville Protect. To provide an economically feasible means to transport
the District's water from Cooper Lake to Denton County, including the amount of water contracted
j to Denton and Lewisville, respectively, District plans to particlpete with the City of Irving in the
design, Construction and operation of pipeline, pumping and meter facilities to transport and measure
both the District's and Irvirg's water from Cooper Lake to Lewisville Lake, District, Denton and
Lewisville recognize that the provisions of this Agreement are absolutely Critical to fulfillment of the
I
mutual desire to transport the water from Cooper Lake for beneficial use as contemplated in the
heretofore referenced contracts dated July 5, 1990 and June 10, 1991. The necessity to transport
the DisWct's water from Cooper Latta creates an urgency for eooperoWn among the parties hereto
:
to facilitate arrangements for transportation and use of water from Cooper Lake and to minimize the
costs and operating procedures related thereto. Accordingly, the parties hereto agree to carry out 1
this Agreement In a spirit of mutual benefit and with a sense of urgency. Furthermore, Denton and
Lewisville ogres to assist Ustrtct In making and supporting applications or requests to the United
States Corps of Engineers and Texas Natural Resource Conservation Commission conceming
related approvals that may be needed from the respective agencies to effect the intent of this
li Agreement
E c
1 r ARTICLE III
WATER! GENERAL PROVISIONS k
JV Section 3.0. General Agreement for Pass4hrough. Denton agrees that District may pass
f
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10 l
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aaaeaeoaa
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UTRWD1Cey of Denton4fty of LWsvlN
Lowlsvate Lake Pass-1Tvough AgreeneM • Wates from Cooper (Chapnan) We
March 11, 1101 Draft
Page /
District's water from Cooper Lake through Lewisville Lake within water rights heid by Denton under
permit from State of Texas and under contract with United States Corps of Engineers.
Section 3.1. Pipeline and Trenaportatlon Losses, For estimating water losses that may occur
from the metering point near Lake Lavon to the discharge into Lewisville Lake, the parties agree to
use percentages spe66-! in, or determined pursuant to, a separate agreement dated January 8,
1998 between City of Irving and City of Dallas for water treatment services related to water from
Cooper Lake. 1
11
Section 3.2. Pass•Throuoh 1 No Evaporation Losses, Denton end District agree that since no
i
storage rights are to be granted to District under this Agreement, and since the elevation of water
surface in the lake will not be increased by passage of water through Lewisville Lake, there will be
no increase in evaporation losses resulting from such passage through the Lake. Accordingy, each
of the parties to this Agreement will be authorized to withdrew their respective amounts of water from Ii
the Lake that was discharged into the Lake. It is agreed that any incidental evaporation losses that i
might be associated with the passage of Cooper Lake water through Lewisville Lake shall be
adequately compensated to Donlon by the consideration hereinafter specified.
j Section 3.3, Determination of Water Guam, Subject to the two paragraphs Immediately
preceding, the amount of District water to be passed through and withdrawn from Lewisville Lake
by the respective Parties shall be determined by monthly coordination of meter readings from
i
planned metering facilities at an intermediate point on the p'petine near Lake Lavon between Cooper
Lake and Lewisville Lake and et the respective points of withdrawal by the Parties from Lewisville
Lake. The meter facilities near Lake Lavon, shall measure the quantity of Cooper water for City of
'1I
1
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7'i K10 32x0
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1. . 1
UTRW9l.CltyolDenton4KyofLeWsyMe
LewbvOto Lake Paso-Through Agreonwnt • walsr Aran Cooper (Chapn w) Lab
March 71, 1"1 Drag
t ►aas T
Irving in addition to the District and other parties.
ARTICLE N
WATER, ACCCOUNTINO AND COORDINATION
I
i
Secllon t.0. O ratjna erotocol l WalerAecountina• Wthin the framework of this Agreement,
.
Denton and Lewisville will assist the District in development and implementation of an operating
protocol to make full use of District's water from Cooper Lake, avoiding measurable impact on {
Denton's water and sioaige rights In Lewisville Lake. Said protocol shall be developed by the Parties
hereto and approved by the City Manager of Denton, City Manager of Lewisville and Executive
Director of the District. To that end, District, Denton and Lewisville agree to maintain an overall daily
water balance through an operating strategy coordinated by District, processing water through the
Individual treatment plants of the parties as required and needed to achieve said balance. The I
District will maintain an accounting of water Into and out of Lewisville lake to assure that each Party 1
gels their respective share, or a lessor amount if requested, of Cooper Lake water on an annual
basis.
Section 4.1. Coordinating Dally Usage 1 Other available Weller. No Party to this Agreement will
be eKpeded or required to process at their respective water treatment plant mom water from Cooper
Lake on any given day then would otherwise be needed to meet their system daily re aukement. If
l' on a given day, any Party uses more than their respective share of Cooper water, the water
accounting system maintained oy District will make offsetting adjustments in subsequent days to
bring total usage by each respective Party back into balance by year-end, It is agreed that each 0
' Party to this Agreement has other water resources available to It out of Lewisville lake and other
I
12 ;
32X
• s .
;s
wmorae y
r
VTRWD%Cey of OantonTity or LMsvise
LevOsvrAe Lake Pass-Through Agreement. water aom Cooper (Chapman) Lake
March3l,lots Oratf
page a
sources to supplement water from Cooper Lake to meet total daily requirements.
Section 4.2. Sale of Excess Water, If requested, the District will endeavor to sell on behalf of
Denton or Lewisville any portion of their Cooper Lake water not required or used on an annual basis
i
Section 4.6 Annual Water Accounting ! Settle-Up. for purposes of this Agreement, District will
account for water usage and water sales on on annual basis using the same twelve-month period
used by District In reporting mw water diversions or withdrawais to State of i axas. Any settle-up
or usage between the parties required by the operatng protocol or water accounting system will be
performed on said annual basis. '
Section 4.4. Cggrdination yeah Irving Water, District agrees to coordinate the operating protocol
for conveying District's water through Lewisville Lake with the corresponding procedures by City of
Irving for conveying its water from Cooper Lake trough Lewisville Lake under a separate agreement
with City of Dallas.
n ARTICLE V
i,
• WATER REUSE
j;
Secllon 6,0. Reuse of Water. As elsewhere expressed In this Agreement, District agrees to make
r
reasonable efforts to obtain permission from State of Taxes for reuse of water imported Into the
• 0 •
Trinity River Basin by District from Cooper Lake. Denton and Lewisville agree to assist the District
In making and supporting applications to obtain permission for such reuse of water diverted from
13 ,
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UTRW01Cay of DeMonlcay of LavAivlee
LewlevAN Lake Pas ii-Through Amen uA • Water from Cooper (CNOTA ij Lake
y March 11, Ilea Draft
,.w Page s
i Cooper Lake, after initially used by the Parties and treated and retumed to Waters of the State of
i
l Texas. It is the Intent of the Parties to this Agreement that any such approved reuse will be of
benefit to each of the Parties to obtain maximum benefit from their respective amounts of water from
Cooper Lake pursuant to the heretofore referenced June 10, 1991 contract, Further, Denton agrees
that if approval Is granted for such reuse by the Stale of Texas, any such wafer so reclaimed or
treated and returned to Lewisville Lake or its environs may be conveyed through and withdrawr from
Lewisville Lake by District, Denton and Lewisville on the some terms and conditions as provided
herein for water originally diverted from Cooper Lake, except that no additional fees would be
payable to Denton for such pass-through of reuse water.
ARTICLE V1
CONSIDERATION, FEES
i
Section 6.0. Consideration For Services, Distrtci recognizes that Denton's agreement heroin for
i
District to convey (pass through) its Cooper water through Lewisville Lake within Denton's water and
storage rights has value to District and its customers over and above the actual cost to Denton.
Accordingly, District agrees to provide the following benefds as consideration for the grants and
y privileges agreed to herein by Donlon:
j a) On an annual basis, District will pay to Denson a fee equal to two cents ($0.02) per
` thousand gallons of Cooper water actually discharged into and withdrawn from Lewisville
k Lake pursuant 1o thls AgreemenL Said fee shall not apply to the water contracted to Denton
underthelune10,1991conlrW harelofore referenced. 0
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aeeamans
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? VTRwDrCay of DeMonlCay of LewlsviM
Lewlsvale Lake Pass-Through Agresmera . wafer ham cooper (Chapman) Lake
March 11,1!1/ Draft
Pepe 10
I
b) District agrees to make reasonable effort to use or sell any portion of Denton's water
from Cooper Lake that Denton does not request to be reserved for its use. Denton and the f
District agree that the price of said water shall be equal to the Uatlas posted price for firm `
raw water sold at wholesale for resale. District agrees to purchase or sell Donlon's water !
in any year that District needs water to augment water available to District out of its lights in
Cooper Lake, except pursuant to "take or pay," 'ratchet,' or such clauses In other contracts +
the District may have for purchase of raw or treated water, To the extent that District does f 1
111
not purchase said water from Der' A but is able to sell to others on bahalf of Denton, District
agrees to remit to Denton the proceeds of such sales, less actual cost, d any, of
administering such sale.
i
C) District agrees to use reasonable efforts to make application for and to obtain
permission from Texas Natural Resource Conservation Commission for District, Denton,
Lewisville and others to rouse Cooper Lake water that has been used, reclaimed, treated and
I .,Ills
returned to waters of the Slate of Taxes. I
d) District agrees to not pump water from Cooper Lake to Lewisville Lake when I
LevAsvilla Ltke Is in flood stage as determined by United Slates Corps of Engineers. When
Lewisville lake is in ^ood stage, Denton agrees to sell interruptible water to District and
District agrees to buy interruptible water from Denton up to the quantity evailabte to and not {
a
used by Denton out of Denton's water rights in Lewisville Lake. The price of such
interruptible water shall be equal to the price posted by City of Dallas for such Interruptible
sale of water, specifically pursuant to a similar provision in the separate contract between 0
City of Irving and City of Dallas for conveying Irving'a water through Lewisville Lake
1
1
32xCJ1
rY, ~ ~f 41 ~
C
VTRW=Ity of OtWonlcxy of Lewhvals
Lrosvfk Lake Past-Through Agrumerx • Wdw eon cooper (Chapman) Lake
March 74,11" Drag _
Page 11
.I
w
r
e) 11 is the intent of all Parties that daily discharge into and withdrawals from Lewisville
will be kept in balance, and H is agreed that the contracted basis for balancing actual
quantities for usage and compensation under this Agreement will be determined monthly.
District and Lewisville agree that H more water is discharged than withdrawn In any given
month, said excess water shall bey ome the property of Denton for use or sale by Denton.
The quantity of said excess water, if any, shall be determined by the operating protocol
specified in Section 4.0, which protocol will lake into account the normal time required for
h
water to flow between the metering point and Lewisville Lake.
Section 6.1. Foss 1 Terms Angle to Lewisville. Lewisville agrees to pay its pro rata share of any
fees prodded for herein and to be bound by the terms hereof. District agrees to Include any such
fees in the cost of water (or Annual Requirements) charged by District or otherwise provided for in
the June 10, 1991 contract.
ARTICLE VII i
BILLING AND PAYMENT
1
i 1
• Section 7,0 Bills Rendend. Denton shell render bills monthly to District for services provided
under this Agreement. District will cooperate with Denton and will provide coordinated meter
€ readings or other water accounting information reasonably necessary for prepsfation of monthlybills
by Denton. If mutually agreed, monthly estimates will be acceptable for billing purposes, suNecl to
annual settle-up provisions of this Agreement. District v4 be responsible for billing and collecting
fees and charges fron. Lewisville and any other users of the water Bills shah be due and payable
~ 3 1 • o
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UMWlllCay of DaMonkey of LWSV(k
LaVA%VMIa Lake losaa•Thwuah AWo41 m • Water eom Cooper (Chapmani Lake
Much 11,1"1 Draft
Par 11
t
upon receipt by District and by Lewisville.
Section 7r1. PiroMpt Ppvmont and Disputed BjW, District shall make payments to Denton within
20 calendar days of the dale a bill for service Is rendered. Likewise, Lewisville shall make prompt
payments to District. If the receiving Party d any time disputes the amount to be paid by it to the
billing Party, the receiving Party shah nevertheless promptly make such payirerlt or payments; but,
if it Is subsequenty determined by agreement or court decision that such eispuled payments should
have been less, or Mrs. the amount shall be promptly adjusted. The charges shall be adjusted in
such manner that the receiving party will recover Its overpayment or the billing Party will recover ft
amount due it. All amounts due and owing to any Party shall, H not paid when due, Derr interest at
the rate of ten percent (10%) per annum from the date when due until paid
ARTICLE VIII
GENERAL PROVISIONS
Section 11.1, Reeresentatlons of the Parties. The DOW, Denton, and Lewisville hereby covenant
and agree as follows:
~ I
A a) Each Pay to this Agreement warrants that Its actions in executing and entering
into this Agreement have been duly authorized In a manner that follows the laws
applicable to It.
b) Each Party to this Agreement warrants that it shall promptly and with all due
diligence, acting jointly or indivldualy as may be appropriate, take all necessity actions and 1
1
17
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I ,\y, l ~ t ~ I "1jY 1 J h 1 Y
mum KNO
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Mom
Iili W=ay of DOM1004xy or umsveie
Lemmovilm Lake Pass-rfwough Agreement • water eom Cooper lchapman) Lake
March 71,1"1 Draft
Page 11
endeavor to obtain all regulatory approvals, licenses, orders and permits necessary to carry
out its obligations under this Agreement.
Section 5.2, Termination and Default,
a) Should District fall, refuse or neglect to pay any bill for services hereunder within sixty
(60) days of the date due; or, should It refuse, neglect, w fall to comply with or perform any
of the conditions on its part required to be complied with or performed hereunder, the Dislrfct
shall be in eefault. If after such default, Denton shall deliver to District, addressed to the
Executive Director of District, a notice in writing of Its intent to terminate the passage of water
through Lewisville Lake on account of such failure, refusal or neglect, then Denton shall have
the right to terminate the services hereunder, Including sale of water, at the expiration of i
thirty (30) days after the giving of such notice and to terminate this Agreement, unless within
thirty (30) days District shall make good such failure, refusal or neglect If District pays or
performs within the thirty-day (4) period, the default shall cease to exist. The termination
of this Agreement, as provided herein, shall not release District from its obligation to make
payments of any amounts due or to become due in accordance with the terms hereof.
b) Lewisville agrees to comply with and be bound by the requirements of paragraph (a)
^ Immediately preceding in Its relationship to District and to Denton. ,
Section 5.3. Force Maieurs. If, because of flood, drought, fire, explosions, civil disturbance, war,
water system failure or malfunction, sets of God, or other causes beyond the control of either party,
• either Party Is not able to perform any or all of its obligations under this Agreement, than the • • ,
respective Party's obligations hereunder shall be suspended during such period, and for no longer
1
18
~L' 5 10 32x1 {
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7
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7eeN'a.M
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UrRW"Ry of DentonCRy of Levdevi le
Lewravlae lake ►ase•Through AgreemeM • Water from Coops IChapnanl Lake
March If, 1018 Drag gy -
hfie 14 i
than such period of time when the Party Is unable to so perform.
Section 6.6. Liability and Claims, Except for the actions or Inactions described and disclaimed
In paragraph 6.5, which are expressly excluded from this Indemnity, Denton agrees to hold harmless
and defend District, and Lewisville, their officers and employees, from any claim for injuries,
damages or losses that arise from any act, omission or negligence of Denton, His officers or
employees, arising from the performance of this Agreement, unless field Injuries, damages or losses
result from the negligence of District or Lewisville, respectively, District and Lewisville agree to hold harmless and defend Denton and each other, officers and
employees, from any claims for Injuries, damages or losses that idea from any act, omission or
negligence of District or Lewisville, its officers or employees, arising from the performance of this
Agreement, unless said injuries, damages or losses result from the negligence of Denton or the other
Party.
Section 6.6. Reaulations of Other Aaencles, Denton shell not be liable in any event for the
nonavailability of services hereunder due to the inability of Denton to perform any obi gation under
this Agreement for reasons beyond its control, including rules or regulations of other governmental
• agencies.
9
Sactlon 6.6. Severabllity. If any provision of this Agreement Is by any court held to be illegal or In
conflict with any law or regulation, the validity of the remaining provisions of lNs Agreement shall not
be affected, and the rights and obligations of the Parties shall be construed and enforced as H the
Agreement did not contain the particular provision held to be invalid.
. ..."fir,"..,.._~, ___^+t. ~ f" r,Y„' k / ~ ~ , 32JO
❑
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G ree~ee .
0
1.
tnawg>.eay of 0"IonMy of t rMsvft
Lewtsv(Pe take ►eee•Throuah Agreement • water from coops tChapman) Lake
Much $1,1111 Draft
Food 11 I
I
I
Section O.T. Assignment. Neither party shall assign nor Transfer In whole or in part the rights and
privileges granted In this Agreement without first obtaining the written consent of the other Parties.
Section 8.8. Entire Agreements Modification. This Agreement embodies the whole agreement
of the Parties. There are no promises, terms, conditions, or obligations other that those contained
herein, This Agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the Parties, and all modifications of this Agreement
shalt be in writing and approved by the affected Parties.
Section 8.0. Venue, All amounts due under this Agreement shall be paid and be due in Denton
County, Texas. It Is specifically agreed among the Parties that Denton County, Texas, Is the place
of performance of this Agreement. In the event that any legal proceeding Is brought to enforce this
Agreement or any provision hereof, the same shall be brought in Denton County, Texas 1
Section 8.10, Notices, Any notice, requLst for information orother document to be given hereunder
I
to any of the Parties hereto by the other Party shall be In writing and shall be hand-delivered or sent
by certified or registered mail, postage prepaid, requesting evidence of receipt as follows: I
a) If to Denton, addressed lo:
City of Denton
Attention: City Manager
City 215 Ease McYJneioy
i t City of Denton, , Texas
78101
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20
Its 32XIq
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MWMNy of Denlontity of LWsvft
LrMsWle Lake Paso-ThroupA ApreemerM • Wale from Coapm (Chapman) Lake
Mach 11,1H1 Draft
Papa 11
b) If to Oishicl, addressed to: j
Upper Trinity Regional Water District
Atl3nlion: Executive Director
Post Office Drawer 305
Lewisville, Texas 75087
C) If to Le%Isvllle, addressed la
City of Lewisville
Attention: City Manager
P.O. Box 299002
Lewisville, TX 75029-9002
Either Party may change the address for notir- above by certified mail to the other Parties at any
!
time.
Section 0.11. Captions, The captions of the varlous sections and paragraphs herein are intended
for convenience or reference only and shall not define or limit any of the terms or provisions hereof.
Section 8.12, 0ovemina Laws. This Agreement shall In all respects be governed by and
construed In accordance with the laws of the State of Texas, Including all matters of constmolon,
validity end performance, {
Section 8.13. Doyemmental Immunity Not Watvad. Neither Denton, District, nor Lewisville
waives, nor shall be deemed hereby to weive, any Immunity or defense that would otherwise be
available to it against claims made or arising from any act or omission resulting from the Agreement
Becton 0,14. NQjt-walvar, The waiver by either Party of any breach of any provision contained in ~
•
this Agreement shall nor be deemed to be a wslver of such provision for any subsequent broach of
2i
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P r + j n 4 ` i'~1tr~~~w'.a+ s 511 'ak'n + S r{ 1 r."g
+ 1~~^ r A rl' h u'. a_A ` t~vV f t .$r r a A i1 v
lh, l _y'. F °~'y v ,R t
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UTRVOCky of DenlenlCky or UwlsvMe
Lewlev& We Peee•ttvouehAerwnenl •weler kom Coops (Chap"wj We
March 31, Ule Drell t
Page 11
the same or any other provision.
ARTICLE IV
TERM OF CONTRACT ;
r
Section 9,1 Effective Dab. Upon execution by both Parties, this Agreement shag become effective
upon the date first written above.
Section 9.2. Term of Contact, This Agreement shell continue In force and effect for thirty (30)
l
years, or for such period of time that Bonds Issued by the District or City of I" to enable delivery,
of water from Cooper Lake to Lewisville Late remaln outstanding, whichever is greater, provided, `
however, the term of the Contract and the expiration date may be extended for succeeding twenty
(20) year periods at the option of the District for as long as the July S, 1990 Contact between District i
and City of Commerce remains in effect.
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LeMov14 Ltlt Paso•TKVU0 Aoraomtnt • Wttw bom Ccopw tCtupmonl Lalo
Match 11,1111 art11
r Pop 11 . r
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their respective duly-outhodzed officers in multiple originals as of the date and year first above 1
written.
CITY OF DENTON, TEXAS
Ted Benavldes, City Manager
ATTEST,
Jennifer Wolters, City Secretary
f
APPROVED AS TO FORM AND LEGALITY- `
Herb Prouty, City Attorney j
fi
UPPER TRINITY REGIONAL
WATER DISTRICT
Richard H. Hucksby, Presldent
Board of Directors
ATTEST;
Merle Lindby-Young, Secretary
Board of Directors'
APPROVED AS TO FORM AND LEGALITY; Jim
.,J John F, Boyce, Jr„ Attorney
'~Yf General Counsel for Disl6cl
C 1 DeelonrposOM 111
i
,
23
25 a ; 3 x
2
O
FROM IFREESE 6 NICKXr. INC. 677.738.7491 1994.07.25 1413r Oslo P.e2/09
5 MOU"UM TO FILE
From: Toro Gooch
Due: March 25, 1998
I
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Project: DTN-98194 Rtr DrN9a11p;1MTAYt.4Daaro
Subjact: Notts ooM with Tom
1998 TeylorofUpperTdNhRegloalWater District, Mamb23,
I
] I mot with Mr, Taylor at the Vpper Trinity Regional Water Distrito office l4 Lewisville. My
questions ate in italics, and Lis respoasea ate In regular type.
I
2. Howwill UTAPa)eharedwChgpman-Lavolp4patinewith lrvfntf VMWDandIvingwill
11 gotiate t service agreement, and Irving wW pump UTRWD water through their half of the
pipeline. Compeasation will ptobRbly be oa a fee for service basis, and them are no plans for
UTRWD to acquire equity In the pipeline. Irving and UTRWD have not yct negotiated a fee.
3. 97th are the plans foroperation of the Chapman-Caron pipeline In the sww ur? TLere ate ,
limitations on summepeakiag foreleetric ntee. The analysis ofsummuopeadon was done by
Lying'sesgloeer, Ana Ratwbuber. Going'splans include the Aldldon oftoothcrpumpMr Iniall
Ilkadditlontfpuropwillbevedtblefrequlleoytoal1owlrv(ng
nededbfleIbIlIty in operatJon.
4. R74re did the farm yield sharer in the UTRWD contract cone from (lr*g 39.) mgd
UtfiWE)11.7mgdl? Tha frmyield cesne dom studies dote for the original watertight beertags,
ascoaAnned byMDRin R 1990 study tot theSulpburRiver Water District, Dr. Broadeelsnow
doing some additional work intended to lead to an operating agreemeat.
S. What is the stater of UTRWD negodadow with lrvtnd? Going and UTRWD have reached
agreement In principle and are io the process of drawing up a contract. Mr. Taylor expects the
cost to be on a aearequlty basis.
6. 110wdoes U7RWDplanroprvsuenarewdercurrentre
out of the Trial ryBasin tadsivaDdhashas av"d not to gat oppose theperrnit a'hepermh the ndDerorigiananafaorvors
It,VMWDfsinagoodpositiontopurwe ~atibs
7. llow&sDailaa agreed io let Mftpursue reuse? It Is In UTRWD's oonuact with Dallas
• A. Ylullon otmohed to MWD drO agreement number 2 Chows bNng Arne of 48.2 MIA 0 •
Ncw doer AD relate to the farm yGld of 3A 5? The 48.2 figure is the full permitted diversion
24 E X H I IEWr IV
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FROM 1FREE9E 6 NI CNOLL INC. 017.736.7491 1998.03-26 14136 11510 P,03i09
I
I
"MORA"UM TO EME On March 23,1998, Meeting with Tom Taylor of UTRWD
Tom Oooeb, March 25,1998
Page 2 of y
I
I
from the lake.
9• The f lgure attached to UTRWD draft agreement nrrnber 2 shows Irving Is excess ewelty
going to tero by 2016 Now does this relate to longterm use by MWD? UTRWD would
buy excess water from Lrving if it is available at a good price. That excess Is not the capwc ty
UTRWD L counting on using to deh vat, Its water.
i
10, Who' 4 the basis At the UTRWDPotential pumptng capacity e.aached to UTRWD draft
agreement monber 2? That Is the uapsclty needed to deliver all of !1TRWD`s water.
I
11, What Is the secure capacity of'rhe Chapman tine? What allcwunce has been made for pump
down time? Mr. Taylor does not know.
12. Mot Is the basis for Caner and Burgatl assumed 5% loss from lake Lavon to Lake
tewivUle? How does MWDpropose to handle losses? The Carter and Burgess number Is
anasumptioo UTRWDisw{iiinglodowhoteverlsfairregudinglossw. Theyarewillus8to
adopt the Dallas-Irving assumptions and to modify those usumptionA based on fntum audies if
appropriate.
13. In the March 31, 19P7, Caner and Burgess memory ldm t, the cons lined In the table on the
Ie tt page list a plpelbu from Lawn to Lewln,rlle (among other !tams). They do nor Ian
trorage at Lovon ors Lavon•lewtsvllJe pump araNon How were there Item Noted? Who
I
cost ww usedperfbot ofplpellne? Mr. Taylor dAnkr the pump station 1s Included in the oosts.
Cuter and Burgess and Don Rauschuberlot together on the ousts, Mr, Taylor Wris that Mr,
Rauschuber's mote recent costs an lower,
14. What is thr currru states v1plans to obtain we of sediment storoje (below 415.5)1rom
Chapman? Bob Brudea will be pursuing that u part of the study be will be malting for the
!Mies with storage la Lake Chapma.
15, What are the long-term plans beyond the end of the rurrmt agreement with Commerce ? I
The water is Arm for 30 years, sad the project is Justified based on the fifty yea period.
Conunerce can take buk portions of the supply as intervals Mer 50 yeah for a price. All of
UMWD's needs for the neat 40 vwn are 14 Dallas' latest Mutbr plea. All of the 1f1RWD
service area is In Ld1as raw water supply service area
16. What Is the price for Dallas water? UTAWD has a 30-year renewable contract with Dallas. O •
The current raw water cost is about $0,45 per tbousaod gallon rigbt now.
I• `
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FROM iFR_ESE 6 NICKXS• INC. e17-776-7491 12W 03.26 14176 eSIO P.04i09
MEMORA"UM TOME on Much 23, 1998, Meeung with Tom Taylor of U7'RWD
Tom Gooch, Mamb 2s, 1998
Page 3 of 4
17. %%y was UTRWD inrererred to CJrapmon➢ UTRWD expects Chapman water to be cheaper
rban Dallas water evenhuUy. DelIu' print w911 rite ovu tLne as LakeForY Ufd Palestine come
oeline.Mr.TaylorexpeasDal1u'pttoetoexceeEtheDistrict'scoatifort taptnAnw&Wln10-
15years. Also, Dallu'aavailable supply from LewlsvWe/RiyRoberts isnotualimited• The
District wWevearoallyhave to connect to other DaUaslines. Theprimuymoevatlonwas to
develop additional long-term water supplies.
18. Mr. Taylor pointed out that UTRWD has unlim%od flaxibWty under its contract with Dallas.
UTRWD can peak as much as it wants under Its Dallas contract, and them is not penalty for
peaking
19. MrTaylor suggested that our deWIM discussiotu had goat beyond wbat is needed foreegotiations
between VTR WD and Denton. AI I that matters Is th at UTRWD will not use storage. I told W.
Taylor that Vw1oo had asked me to look at the economics of various alternatives and that 1 needed
to have eaougb information to do to properly, `
20. We mvk ,,ed =WD's raw water supply sources cow and after the
Sources now (in order of use) am; ~pmaa Una I& developed
e Unused Denton Ray Roberts/Lewisville water at 85% of the Dallas system rice 1
e Dallas Ray Roberts/4wUvitte water price II
After the Chapman line Is complete, sources (in order of use) will be:
a UTRWDChapman supply
Denton unused Cbapmaa supply at :0096 of Dallas system price
e Unused Denton Ray RobertvUwisville water at 8596 of the Dallas system price
e Dallas Ray Robersll ewisAlle water,
21. Mr. Taylor emphulzed that UTR WD needs toreach as agreement wlth Denton to have a bash
for permitting and design of & joint line with r
p Irving. The Dutrict's current offer is to:
Pay i
0 e Take unused Denton water at Dallas Ayssem pric smm moo Dentoa's water
e Pay no pus through on reuse water.
22. WediscuasedthehtstoryofTheChapammwater supply. Mr. Taylor indicated theDentoastarted
punruingthatsup*evenbeforeMWDmisted. lnttiallyDenton[ewi vilk,ttlghlandVillage,
And Denton County FWSD comcWdM to buy all of the Chapman water purchaaed from
Commerce, Subsequently,VMWDexerctsodaaopdoatobuybuksomeofthewppty. Pacb
entity now owns a shamof the supply. Based on the estitmted 11.7 mgd flmtyleld the sAany are
I,
2U
1
; ' •~.'i. d , ~ d1 ( ! i~~''w ~ n 2 F ~ . ylE r ul'i k i y
~ ~ f [ T i`u r ~ e ~ t v
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rpom wsmass a NtCHms. INC. a19-936-7491 1996.03-26 14137 WO P.06/D9
{ MEMORANDUM TO MIC on MtZch 23.1998. MatlnB with Tom Taylor of UM WD
Tom GOOc L Mmll 2511998
t Page 4 014
' r
intea~ e"Ade the followlltg firm yield:
• Deacon - 2.0 myd
• LEwiavW4 - 2.0 mgd
• lilgblaad Village -1.0 mid
• Denton County FWSD -1.0 m8d
Af~buylagb&ctpan o(dw pmjGM tMTtWD &old a share egWvaleot to 03 mo to wacw %
23. Mr. Taylor askedmytbou=boon:tocwmdagford*UooftWmpmdwhetherlthought dall
aoeottnt19 onthltobalaooe b3Aows wd outaQ" 102"d 040=1 the tree of atorago, l add
lhat 1 thought monthly aowondn8 might be sufSckat,
r
24. Mr.Tttylora md* edtbel mW7juyie8flood+vaW&WDentonattheDar.inUrtupNbkauP*
PdoefaoN'+boutS023pertl►ot~aaad8alloor)aheaWuLesvlevlpab1n1u0oodpool.Italdtb~u S'
Denton bad M mooned tba to me, 11nd it twonded 111p a good ldei
25. ]askedMcT*W&rJnfametonondwb SID* dwatause,andbe
the attached table
tad figure. He old that they are Pmlimiaary numbm subject to review.
A
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0.
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Upper Trlrlty Rgloml Water DbW,,
Cllgdtt4l Rae'V"w Regdr'lmw* • Af np Day MGD
»ax a it
105 1 Ila! 25,11,
N t 1 f /
DOWW 1111 111 90 too in am opt /.r 114 Ili 105 111 IA* In La 11i1 JYI NI Mtl %11
LI IN In IN L12
Soiree {Ta ft) Olf 111 IJI en lit 134 143 I'll
_ 141 110 7.N
f. 111 111 171 111 ).r 111 4" a
141n.1 0% LIf t •N 1A! y 0 / I. OM 111 130 Ltl 4.05 110 IN 1
4.d of
1) 11 1 .N Ill 1 1.7 N 1 ) ll 7 9 II
Told cliodal 4wo, a'1 UO 0.31 ON OM 001 O.is 0)f 100 In l.% IM i!0 1.01 Ill Uf 1-11 111 Lit 1.11 IN 10t lit
b}SII
_ In 1.11 1.N IM 111 Ilt Ill I!1 IAI IAI Ill L!1 IN it, 1.71 Ut 1r 1" 1.04 1A IM 311 all
0191,10 1111 1I if 1111 17 117 I.N 4M !r all iN IN ON 1014 "ill 1146
. 1713 11 11 1111 11q I/r 411,10 M" 1556 rd
M1/i~IK 411 fee I n Imp 220 I d IN nr 1% MLA 1.11 O 111 )tl to$ 170 431 44M 1 0 IN 141 IN ill 731
IJ
Wi,i ON On ar 1.r M 0.10 IN t" ON coo 005 lot I,N In 105 IM 111 114 lit 11.11 tt
fur JAI I 0 1 1 1 I 1 1
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51141-11 "C all ail 1 20 Uf 110 011 IX 011 0111 442 443 IAI 401 447 too
eoa',or O,N Oaf On 011 fM Iu Ill ON 1.27 tr 105 all IN ali an
4~n4 DM 1.11 411 431 03I 0 .il 011 all 011 011 0.% 405 fill IN III do
Olt 101 011 all IN 1.11 lit 311 1b IA 1.Y
~I 011 OM 1,41 1.11 IS7 III
DreleNyi 1.11 IN OfAll t 041 Ill 1M Ofl I1f 9.a to 6,13 O.1$ it? too 193 J 41 I."tam 0.0! 101 ODo all
oil 4fit 0 M $29 .14 us 01 all 1V 0. 1 1I0 1 N 0.11 030 f
$11 all I N Cmq :J
hti wso 001 Od/ 0.11 lJl :so 0% 111 On a'N 120 ON ON OM 124 ON OA Oil 0% a010 130
N If
NarJ1 M oil 1.12 {!f 17 H1 in On 110 Ltt 012 two
0,71 I,q a
ON lit I ed 141
1iOD'• ON In 001 ON ON #DO 0O 179 111 1n 111 011 IM 105 e1 r
brA Op O v~j y 0 11 W 111 407 to On 001 jet 0,0 I0
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Average Day MGD
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From Tom Oooeh
Date: Much 25. 1998
Project: M-99199 AWVr"w M%j-MVses.wra
Subject: Now on Telephone Conversation with Don Rauschuber, March 24, 1998
1. I celled Mr. Rauschuber at 312/329-3253 to dl=m the Lille CbApman water supply. My
questions we In italics, and his respouses are in regular type,
2. How"IUTRWDsharetheChapnt 44vonpipelinewithIrving?TheoperstingaSmawot
lathe Chapman-Lawn pipellwcurreatlybeing negotiated between kving and NIMWD allows
for sharing thefaa7itieaw;thj'-PsttYliceasxa V1RWDwould berAalioit toGviag (Mr
Reuscbuber mentioned that Irving L-4 NI'MWD are currently working to reach a simile
simSement with Sulphur Spring%which bas been using the ChapmanPum
station under a2-
i
p~ya~meatwithMMWD.)Fathe segment from D You to Lewisville, phasoonsidift-ed
transmitting the water for a foe or allowngU7RWDto be a partner in pipeline development.
3. What are the plans far operation o the C
January 1-May 31 and Ociober 1-Deecember 31, the PLatrmwnPs would old oper rate to 24 4 bows rp Frog,
From dune ! per day,
September30, thepttmps would operate 16 hourspet day.avoiding aaypeaaldes
forpower use during the day. Irving plans to I=W an additional pump at tho Lake Chapman I
pump station, dedicated to Irving. It would be about an 80mgd variable speed pump, intended
to provide backup capacity, deliver all UTRWD and Irving water, provide excess capacity to
make up ftv reduced flows from the NfMWDpumpdue to higher MWoo loaned, and provide a
link extra capacity for Wag.
4. Now did you obtain a summer pumping rate of 36.67 mgd for Irving and 10.541 for
UTRWD7 The 36.67 figure for Irving is 2/3 of the system capacity of SS mgd, reptoeenHng
operation for 16 hoursperdayle the summer, The 10.544 summer deliveryfor UTRR'Dis 2!3
of their 13.817 wintercspacity, The combined total is the amottat needed to deliver UTRWD
water, Irving's delivery of UTRWD water depends on construction of the 3" pump at the
Chapman pump station,
S. Tht fewtt attached to VIRWD drat agreement number 2 shows Irving wt of 48.1 m1d.
Now does this Mate to theJlrot yield of 395? The 48,2 figure is the hull permitted diversion
from the lake,
6. What It the babe for the U7RWDpotmria/pwV1ng eapway attached to UTRWD draft
30
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FROM iFREESE 6 NIC140LO. INC. 817-738.7491 1996.03-26 14179 0510 P.09/09
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MEMORANDUM TO ME on Much 24,1998. Telephone Convefsadon with Don Rauschubet
Tom Gooch, Much 25, Page 2 of 2
r o8nementmmnber217fat is the capaciryaeededto &Uverall o(UTRWD'awata. based oc
permitted diveftiona.
2. What Lt OW gecW c'apectry of the Chapman line? *Uf allOwwtu has &OM made farpamp
d°w+' M"1et The Kam capacity is CUM419y SS mgd foreacaputy, going to 80mgd for LvIng
with the idditional pump. Mr. Rauschobef a work include, no allowance for pump down time
8. In the Morph 91,1997, Carter acid Burgess numorandjM thg costr batted bt me fable on the
?aft po8e llrf a pipeline frwn Laibre ro Lewfrvllfe {amon8 other itnr►t) They do nor lift 1 A
Mrdge al Lavon cra Lawn-LtwW11, pwnp start" now were thug itcw n mad? What
corrwas medpalootcfp;p*W? Mt. Rauabuber thinks thm the pump station is included is
theooets. He ofkred toobtdn sn apdetedcomearimate fmmMoolgomay.Watsoo andFovide
it to me. I said that would be helpful.
9. Mr. Raasctiober said that frying andlc iparoa continuous operadoo of theirChspmaa_I.ewisvil::
system
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Agenda No
Agenda item S
Date
AGENDA INFORMATION SHEET
AGENDA DATE: April 1g,199g
DEPARTMENT: Police
x;
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CMIDCM/ACM: Mike Jez, 349-7925
SUBJECT '
Receive a report, hold a discussion and give staff direction regarding an official City of Denton,
Texas map that indicates the locations and boundaries of the drug-free zones as outlined in the
Texas Health and Safety Code §491.134 and §491.135.
:y
# BACKGROUND
1 The Stale of Texas Legislature has adopted a law that allows for a drug•frce zone around
particular locations: such as schools, educational facilities, playgrounds, youth centers, and
,
~ arcades. Anyone who is arrested for the manufacture, delivery, or possession of a substance,
controlled substance or dangerous drug, in the applicable penalty groups could have their
punishment and or fine enhanced as outlined in the statute.
ESTIMATED SCHEDULE OF PROJECT
After adoption of the drug free zone master site map, signs indicating each location as a drug.
free zone would be erected by October of i99s.
Y
PRIOR ACTION/REVIEW (Council Boards Commisslons}
None
FISCAL INFORMATION
Che costs incurred would come from the materials and labor necessary to periodically update the 3
map and signs indicating the locations of each drug free zone. Each sign costs $55.00. The total t
cost for 100 signs is 55,500.
I
• MA1, .
Sce attached,
Respectfully submitted:
a Prepared hy;
r
ch I W. Je 0' . •
Assistant City Ianage for pcrotions
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Scott Jenkins,
Screeant, Fi Operations
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Drug-Free Zones
F; Health and Safety Code 481.134 & 481.135 +
+i The offenses of manufacture, delivery or possession of ,t substance in Penalty Group 1-4,
delivery or possession of marijuana can be enhanced i; it is done in a drug-free zone.
I ' 111
I . The classification of punishments can be increased one degree.
2. The fine can be doubled.
3. The minimum t-zm of confinement or imprisonment can be increased by five
i years.
f 4. The punishments must run consecutively with any other criminal offense.
Officials from the District Attorney's office as well as stale and local law enforcement
officers will be able to refer to the Drug-Free Zone Master Site Map as a reference for
filing the appropriate charge for the manufacture, delivery or possession of controlled
substances within the designated areas as outlined by the laws of the State of Texas.
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Drug-Free Zones
An Overview of the Law
Health and Safety Code 481.134
Adding "in a drug-free zone" to the charge enhances drug arrests that ft the law.
(Example: Possession of a controlled substance in penalty group 1 (cocaine) under one gram in a
drug-free zone) The benefits of adding this enhancement includes increased penalties, doubled
fines, and consecutive sentences. The law will go into effect when the map is adopted by the City
Council in May 1998.
1. Manufacture or delivery of a substance in penalty group 1, 2, 3, 4
(Includes Possession with intent to manufacture or deliver)
A. Penalty Group 1: Examples - Opium, Heroin, Morphine, Codeine, Cocaine,
Methadone, LSD, Rohypnol, and Methamphetamine.
B. Penalty Group 2: Examples - Amphetamine, Mescaline, MDMA, Psilocybin, certain
forms of THC, Methaqualone, PCP.
C. Penalty Group 3: Examples - Diazepam, Phenobarbital, and Anabolic Steroids,
D. Penalty Group 4: Examples - various other opium products and some stimulants.
E. An offense listed as a State Jail Felony is punished as a Third-degree Felony and a
Second-degree Felony is punished as a First-degree Felony if the offense was in on or
within 1,000 feet of a an Institution of higher learning or a playground, property i
owned or leased by a school or school board or in, on, or within 300 feet of an
arcade, youth center, or public swimming pool.
F. The minimum term of confinement is increased five years and the fine is doubled
if the offense took place in, on, or within 1,000 feet of a school oron a school bus,
II. 10101% cry of Marijuana
A. An offense listed as a State Jail Felony is punished as a Third-degree Felony and a
Second-degree Felony is punished as a First-degree Felony if the offense was in on or
within 1,000 fcct of a an Institution of higher learning or a playground, property
owned, rented, or leased by a school board or in, on, or within 300 feet of an
arcade, youth center, or public shimming pool.
B. The minimum term of confinement is increased five years and the fine is doubled
Q if the offense took place in, on, or within 1,000 feet of a school or on a school but.
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Ill. Possession of a substance in penalty group 1, 2
A. A State Jail Felony is increased to a Third-degree Felony if the offense %vas
committed Li, on, or within 1,000 feet of property owned, rented, or leased by a
school or s.ehool board, or on a school bus.
B. The minimum tern: of confinement is increased five years and the fine is doubled
if the offense took place in, on, or within 1,000 feet of a school or on a school bus.
V. Delivery or possession of Niarijuana
A. A State Jail Felony is increased to a Third-degree Felony if the offense was
committed in, on, or within 1,000 feet of property owned, rented, or leased by a
school or school board, or on a school bus,
B. The minimum term of confinement is increased five years and the tine is doubled
if the offense took place in, on, or within 1,000 feet of a school or on a school bus.
I
V. Possession of a substance In penalty group 3; manufacture, delivery, or possession of
a miscellaneous substance; and delivery or possession of marijuana.
A. Offenses that are Class A Misdemeanors become State Jail Felonies if the offense
was committed in, on, or within 1,000 feet property ow ned, rented, or leased by a
school or school board, or on a school bus.
B. The minimum term of confinement is increased five years and the fine is doubled
if the offense took place in, on, or within 1,000 feet of a school or on a school but.
VI, sossession of a substance in penalty group 4; manufacture, delivery, or possession of
a miscellaneous substance; and delivery or possession of marijuana.
A. Offenses that are Ows B Misdemeanors become Class A Misdemeanors if the
offense was committed in, on, or within 1,000 feet property owned, rented, or
1 leased by a school or school board, or on a school bus.
T 1
• B. The minimum term of confinement is increased five years and the fine is doubled
if the offense took place in, on, or within 1,000 feet of a school or on a school bus.
C. The offenses listed in section V1. A. do not apply if:
1. the offense took place in a private residence, and
2. no minor was present in the private residence at the time the ofl'ense
was committed.
V11. Punishment that Is increased for a conviction for an offense in sections I-VI may not
AYE run concurrently with punishment for a conviction under any other criminal
statute.
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1481.129 Texas Low Handbook 1400 1401 flcalthandSafety Code 4481,135
(2) a class B mtsdemeaom if the defendant possesses a prescription rot k controlled (3) "Playground" means any oudpor facility that is not oft the promises ofa school and
their „f
substance fisted In Schedule (V or Y, (A) Is intended for mcreation;
(Added by U989. Chap.678(1); child by L1989,rhap, 110OIJ.02xpJtchgd 6y L 1993, clop. (B) Is open to the public; and c
900f 2 02); L 1997, chap, 745(11), rg. f/IAS banter in brockeu e$ only until 1AA8. Morro (C) contains three or more Kparete apparatus intended fa the recreation of children,
much
In isaficI eB 110Rd) as slides, swing sets. W lee erboaals.
1481.138. Penalties under other law, - (4) "premi in" means real property and all buAdings end appurtenances pertaining to the
real p9rropenyy.
A penalty Imposed form offense under lhischoper is in addition to any civil oradministralive (S) "Schoor'mtanaa dvateorpub6cekmensuy or secondary uhoolaadey tare center,
r
penCly of other nnclion Imposed bylaw. (Addrd by L1989, chap. 678(IA off. 911189.) as defined byy Section 41,002. Human itmunes Code.
(6) tau arcade facility" means any facility that:
1481.131. Offense: Menton of controlled substance proppecrly or plant. (A) Is open to the public, including pasons who are 17 years or age at younger,
(s) A person Comm a an offense it U,e person intentionally or knowlrtaly'. (B) Is intended pprimaAly for the use is yylnbalf of video mschines; and
(c)convenatotheperson's awmumorbeneftacontrolled substanceMypcryorplant mined a (q contains atleutthrepinDollorvideomxhina,
undo Section 481 152m,191 177; or (1) "Youth « mer" axons any ftemeGanal facility or gymnasium ttml:
(2) divens to the on In wful use or benefit or another person a controlled substance pmpe fly (A) Is intended p%,nartly for use by) persona who tiro 17 years of tae or younger;
and
of plan[ scired under Sec don 481.152 or 481,113 a (8) regularly provides 4th let] c. civic, of cultural Kdv(1)ea.
(6) An offense under this section Is a state jail fc luny 1 4
(A ,1)2,481.113,
.',•d b,c 141[i); cA. , cha e (b)AnOffense olherwIse ppunishable as a state jafI felony under Sections 481
Y I. 199 1. a d by L 1993, p 9081021. rot 9/1/W) e d 401114, or 481, 1201s cis able u a felony of the third degree, and as offense otherwise
4481.132. hJulliple prosecutions. 4 punishable as a ie loryorat second degree unckrenyortlwx wife s Is punishable Be a Worry r
I (a) In this moion,"criminal sPisode" means the commission of two or more offenses under of the No degree if it is shown w the punishment phr;eoflbe trig or the oReme NW it*
offense this 1) therunderthr: cam fo:lowirl was (I) in.on committed:
,or within 1 , 000 feet ofihmmises owned, feared, or)easedby an institution ofhlehef
(q the of@nses r me mmmiucd punuanl to the same transaction o punu nt to two or wit e )taming or a playground, or
irm5aclions that arc connected or conslitute a common scheme. plan, or metinuinp course of (2) In, on, or within 300 feet of the premises of a public or prvate youth comm public
cunducl; or {
i swimming pool,imorum rides term secede ofconffinacilityeme.m or lmppcomment for an offen it
I A dcrendant
(2)the ofrrpws cc he irincood commission critsameor similar fenaoe e otherwise punishable
may he prosecuted in as single alrcriminalaction far ail oe thin oein out of 1lx min 451.1UIc). of (4). 481 Ii4(e), (d), or (el.
the marine sae criminal episode, If a single criminal action is base) on core than one c agin5 under Seniors 491113(c). (d), (e), or (q, W.
481.115(c)-(f), 481,116(6), (d), or (e), 481 111(c), W. Of (e), 491.111(c), (d), of (e),
( instrumentwith lnlhelurisdictionof the trial court, nor loorthan(he)nsh day before the d+te of 4g1,120(b)(4),(1).or(6),a4S1,t21(bH4).(5).ar(6)ISinc=mdbyhveyearm andthe meal mum
the vial, the Hale she[) file Writers notice of the action, for the oRcnse IS doubled it II Is shown on the vial of the oRenx rDst the offense wu
(c) If ajudgmem or lush is reversed, set aside, or vxateJ and a nCw rria! it ordered, the Suit Me en a for th ,
may not prosecute In a single criminal action in the new teal any offense not joined in he former (ec in, an, of obtain 1,000 feet Of prcmiso of a school; or
prusecul;wr unless esddenee to tnablirh probable quill for Thar offense waS not known in the (2) on a school bus.
appropriate pmseculinn off CW ot rht time the first prosecution began. (d) An otfemt olhawlsa Punishable under Section 481.112(b). 461.113(6) , 481, 114(6),
(d) If the accused ie found guilty of more Shan one offense arising out of the same criminal 491.1 I5(b), 481.116(b), 461.12CON3), ot 451, IS i(b)(3) to 1 felony of the third
degree If it h
episode prosecuted in a single criminal action, senle ce for each orrice a for which the accused shown on the trial of the offense cunt the ofense wall eommlrted:
has been found guilty shall be pronounced, and those mrocxes run euncurrenlly
(e) If it oppcan that adefendant nr the stale is prejudiced by ajcinder of offenses, the coup (q In,rsn. or within 1,000 sea of any wipropery lh nth owned, reined, rx kaudwateAOal
may order sepaeale trials of the offrnses or provide odor relief so lustice requires. of school board: or ,
^ r (0 This se.IlnnpwsI&nhe allusive method for Consolidutinn mdJnlnderofpmmseculions 2) am nehnol bus, f w (e) An offense othaw1ve punishable under Sectors
451 1110).481.119(0,4161-120(W).
or olrrnsa undert it chapter. This sectionbnnU limUstion of Anidc 3609 or 16. 10, Code or 481121(bX2) in stale Jeil felony i fit is shown on the lddorthe offtase thatdstofferue
wu
of Criminal procedure , committed:
(Addrd by L N VI, rhup.191x11; rrnumho,rd by L. 1901, In CS. (hnp 14(9011r17a), rd, (1)In,on, or wilhim 1,000 feel of any real property that It owned, rented, or kissed to
a school
11/1Z,ut
or school board: or
4481.133. Offense: Fale)neallon of drug lest results. t2) on a school bus.
(a) A pawn commrsanorensc ifthe ppee rwm knowinglyor inknounally uses orposxrsci (fl An mffrnse otherwise punishable under Shdan451.118(6),181.119(6),451.110(6)(1),
winb ln'tat to un any suhslanee or desdce designed to fatsifydrugtmt results, coast I21(b)tI)i1 Clan A misdemeatarifilinhr.wnonibetrieloftheoRcnutbkiNoRense
(h) Apersrm uimmile an offense if um teen knuwing!y or lnlem{unally ddkvars, povsessa wascommitted:
tsowned,mnhd. orkuat loascho^I
it) If, on, or within l,Moreel ohny real property she
with lnkns to drllveq nn mnnufwnures wit Inlrnl to dAiver HUhstance err device deslarud to or school board: of
falsify
(io INN s ns seItinnlion, . (c) t "drug reel" means a hwfuny WminiuerN Co designed to detect the (2) on a school but.
1
procnce of a controlled substance or marihuana. ( ) Subsection (n dos riot apply to on olfemse It
(d) An offence undur Subsection (a) is a Class B misdemeanor. the offense con eent In the Imlde maids fe V the she %i ; me end the oRm •
(e) An offense under subsection (b) is a Clan A misdemeanor (21) nn minor war present senl In privata e residence tt t rider sal l led itttd:
(Added /
IIli2%jL1991, chain 274x!): rcnumhrred by L199f, 6r CS, chap. 141 A.Olk'17bX e0 not tan concurrently waith pun ihment ror a conviction under any other trlrNnar Wtull- MAY
(Added by L 1901, eMp. 8881 (X' child. by L 1995, chap,. 2R)9A 3!8(18): 11.1997, rho- I
l061f9X eff 9/I/97.)
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4481.134. Drug-free tunas,
(a) rot this section : 4481,135. Maps as evidence of locaflna or area
I I ) "Ali Cur" me an a a pc nun is he is younger than l5 fears of age.
(1 MV 2)"Initrlu6onofhighseducalionmean; anypubhcat privatelnhnical)mkitule,junior ac(ountytnginarfathVuurrpoxohbowiotchicJoeationaandbooMviceofdrojfreeusoneIs
cork e, senior college university, medical or dental unit, my other agency of hijher eJu alas e arse! 4 prime tick of deK9 of the k colon nor boundaries of those arts
as de~med by Section fon 61 1 003, Eduuf on Code. admissible in evldoK re.
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1481.13S Texas Law Handbook 1402 1403 Health and Safely Code ¢481.158
if the governing body of the municipality or county adopts a resolution or ordinance approving SVOCIOPTER E. FORFEITURE - '
d ,
the map as in official fndirag and mcor of the Isar ion of boundaries of those saes. (Chpd, by L 1991, chap. !el(!), off. SY7191.j
(b) A municipal or county engineer may, on request of the govemtng body of OR munici-
poll ty or county, revise a mep that has been appro ved by the govemtng body of the municipality 1481.151. Dellnlllons.
or count) as provided by Su section (e). In this subch.tprer:
(c) A municipal or county engineer shall rile the original or a copy of every approved cr (1) "Department" meant the Department or Public Safety.
revised map nppruved as provided by Subsection (a) with the county cksk of each county in (7) "Conim iced substance properly" means a controlled substance. Muurc containing
a
which the area s located. controlled substance, constituted substance analogue, tuunterfeil controlled substances, drug
(d) This section dose not prevent the prosecution from: pa%phemalim, chemical peccursor, or raw material.
(1) intruducingorielyingonwyothecevldemeortratimony to estaMiah any elementohn (3) "Control led Iubstatce prom"means aspec Its of plant from which a controlled substance
! offense for which punishment Is increased under Section 481.114; of listed In Schedule l ex 11 may be delivertd.
(7) using of Introducing may other map ot diagram otherwise admissible under the Texas a r (Rrpraled by If. 1989, 1w f.X., chap. 12(6): added by Ll991, chap. 111(!,1 rid
9!1741.)
(Add(stalesed of by 1. 191991 1. c chap. hV. dce'if8(3). r1j' 9/1N11 1481.15L Seizure and summary forfeiture and destruction or controlled
¢481.136, Offensel Uniewiul transfer or recelpl of chemical precursor, Substance DeanU,
g , (a) Controlled substance plants am nb'at to seizure and summary feria sure to the state 11.
p),A person commit, an offense if the person sells, transfers, fumis s, or receives a 1 s (I) the plains have been printed, or culldyatcd, or harsated in vilation of
this chapter;
precursor substance lined in Section 481077(a) maid tlic parson:
(1) does not hold a precursor transfer permit we required by Section 481078 at the time of ! (2) the plants arc wild growths; or
the transaction; 1 (3) the owners of cult! Y0103 of the plants are unknown.
(7) does not comply with Seniors 481,071; ib) Subsea ion (o) does not apply to unharvested peyote growing in its natural hate.
O) knowingly makes m raise statement in a report or record requ( ed by $ecGan 4B L07T a Y (c) If a person who occupies of enn0ots tend or premises on which the plants tae growing
481078; or lairs on the demand of I pence officer to produce on appropriate rc``Istration or proof that the
(4) Ynowingly violates a rule adopted under Seaton 48 1,077 or 481 078. i; person Is the holder of tine m8;Wation, flit Were may stn and forreil the plants. +
(b) An offense under this section is a stale j:dl felony. unless it is shown on the trial or the (dl ihl controlled s plant under Se Is sdnd mod to cited under thb section,
a court may order
offense dial the derendant has been previously convicted or an offense under We section Of the dispoailion of the planl under Section 481.179, or the department or a pence offices
may
Section 481 137, in w filch es'ero the offense ism rclony of the third depee summarily destroy the property under the rules or the department. {
(AddrJ by L 1997, chap. 113117), rff I/fr98) (Arlded by L f 989, chap. 678(14chgd by L 1991, chap. !N(Ij, S9 9/1e91.) Iff
1481.137. Offense: Transfer of precursor substance for unlawful menufac• ¢481.153 Seizure and summary forfelture and destruction of controlled
lure, substance properly.
(a) A rson commit, an offense it the non mils, transfers, or otherwise rurn'4hes m (a) Corso substance properly that is manufactured, delivered, orposseued in violation
a or this chapter It subject to seleure and summary forle(lurc to the sate.
m precursor substance limed in Section 481,077(m) with the knowkdge ot intent that the recipient IN Ilan hen o(controlkd substance ro t is tried and forfeited undershot
ration, a
will use the substance to unlaw Polly monufacnae a conlrorled subsance or cunvoikd suhdsnce court may order the disposition of the pro
ppertunder Section 481.1 Sp, a the & nsf or a
analogue.n peen o tctr mayy dcstrvy the pmpe Hrr undo the dev p
(h)A offense uaufenhh secion is afelony of the third defies, rulesorthe ailment.
( Repealed by Ll989,far C.S.,clop,12f61; added by L 1991, c ap. 1410!1 rQ tVfV f.).
(Addrd by L1991, clump. 7431371 r0 I/1/98.1 {
1481.138, Offense; Unlawful transfer or receipt of chemkal laboratory sp. ¢481,154. Rules.
Daisies (a) ne tricolor may adopt reasonable Inks and procedures, not IKWlI tens with the
(a) A person commit, an offense if the person tells, uansfem furnishes, at receives an pmvlsions of this chapter, concerning'. 4 i
(1) summary forfeiture and destruction of controlled suhsnr ct properly or print,;
• I appmmm dccribcd by Section 481.080(m) and the persnts (2) c0t,h6shmone and operation of a secure non a area, -
(1) does not have an apparatus tran,rer permit u required by Section 481081 or tin lime of (3) delegation by a ew enfufttn nl agency b"Yof the authority to acres, m secure
storage
the 0amictiom area, and
(y) does not cnmplywith Seriion4110110, (4) minimum tolerance for and the circurtutancesof jolt ra&mwdiuntwin an ioresli a- J
(3) knewingly makes a raise statement in a repon or record required by Section 481.080 or lion g g
181.1181; n, IN The rules for die destruction or conlralkd substance !ants must rc9u1
(1)Fnu vinply viotatrs alule edrrpteJ under Section my 10110 or 18108E property ot p rc;
(b) An oncnle under this scoion is a state jai I felony, unless It Is shown on doe trial of the (2) (I) themere than one person to w't c the dnWCOon of the properly or
plant,;
o(knse that Ole defendsol ills been lrevlnuvty cnnvlcled of tun offense under this section, In p rep arationoftun Inventorw ryoft he prr+p!rte or planes dotroyed; and
which event tar offense ism fdony of the third degrte f37 the prtpwatinn of m nammcm that ctMlair11 are nemn of the persona who wilnen time
(Addrl by L 1997, (hip , 713071 to f/Ihd1 destruction and the details of the destruction. r
• (c) Adxumentprepaced under as rule olop(edander this motion must becompleted, meal reed,
1481.139, Offense., Transfer of chemical laboratory apparatus for uniateral and made available fa Ian ctien by the director
rRepraled bXL 1989, lx CS, thap. 12f6A nldrdby L 1991, chap. 141(14 al: Ar19!1
manufacture. y (a) A person mmmiu an offense If the perwn sells, tnnsfcn, or otherwise furnishes an 11481.155, 481.156. (Repealed by L 089, sari CS„ chap. 11(6), off, !a1
a/89.) '
#F appualur described by Section 411.08ga) wnh the knowkdge or Intent that the recipient w111
tare the apparmus ro unlawrully manufacture a controlled substance at controlled tubnance 1481.157. (Added by L.1989, chap. 678(1); cn8d, by L,1989,• the
analogue r 11000 01)Oqq re ealed by L 1989, 1t, C.S., chap. 11(6); repealed by L 1991,
(h) An offense under chap 743()2A arnon0 (a) 1/islAad felony ny of the third delta 11000 141`194), t,9/1191.)
(AJdrd b by y L L 1 1991. 997, rlu
~ - - 1
11481,140 to 493-190. (Rei rrc ed 1 1481, l S8, (Repealed by L 1989, )yf C.S., chap. 12(6), rQ 1 a/dJBp. )
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Drug Free Zones
Name Address Type of structure
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Pocket Change 2201 S.135E Arcade
I
Aladdin Beauty College 407 Westway Higher Education
Business Skills Training Center 325 Pearl Street Higher Education
Denton Police Academy 601 E. Hickory Higher Education
International Business School 2006 W. University Higher Education
North Central Texas College 601 E. Hickory Higher Education
Texas Women's University See the map Higher Education
University of North Texas See the map Higher Education
LINT Police Academy 416 S. Elm Higher Education
DISD Central Services 1307 N. Locust Owned by DISD
DISD Lease Site 1117 FSney Rd Leased by DISD
DISD Property #1 Loop 288, Stuart, Sherman Owned by DISD
DISD Property #2 1200 block of W. University Owned by DISD
DISD Property #3 Teasley and Longridge Owned by DISD
DISD Property #4 Teasley and Leatherwood Owned by DISD
i
Avondale Park 2021 Nottingham Park I Playground
Briarcliff Park 3900 State School Rd Park I Playground
Civic Center Park - Pool 215 N Bel 326 E. McKinney - 321 Park / Playground
Denia Park 1001 Parvin Park! Playground
Joe Skiles Park 1721 Slonagate Park 1 Playground
Mack Park 1700 - 1701 E. McKinr ry Park J Playground
McKenna Park 2200 Scripture ParkJ Playground
Milam Park 234 Mockingbird Park 1 Playground
Nette Schultz Park 1517 Mistywood Park I Playground
North Lakes Park 2001 W Windsor Park! Playground
Owsley Park 2300 Stella Park I Playground
Phoenix Park 327 S. Wood Park I Playground
South Lakes Park 501 Hobson Park I Playground
Armstrong Christian Life Center 1100 Malone Rec. Center
Denia Recreallonal Center 1001 Parvin Rec. Center
' Denton Bible's Youth Center 2201 Nottingham Rec. Center
MLK Recreational Center 1300 Wilson Rea Conlin
North Lakes Recreational Center 2001 W. Windsor Rec. Center
Borman Elementary School 1201 Parvin School
Calhoun Middle School 709 Mounts Scholl
Children's Corner Preschool 3 Day Care Center 101 Cardinal Scholl
Children's Place at St. Andrew Presuylerian 300 W. Oak School
,
Community Scholl 2046 Scnplure School
Cornerstone Cooperative Pre-school 1205 N. Locust School
Denton Christian Preschool 2200 N. Bell Ave School
Denlon City-County Day School 1603 Paisley School
Donlon High School 1007 Fulton School
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Denton State School 2917 State School Road School
Evers Elementary School 3300 Evers Parkway School
First Baptist Chruch Kindergarden 1100 Malone Scholl - '
Fred Moore Child Care Center 821 Cross Timber School
Fred Moore Learning Center 815 Cross Timbers School
Ginnings Elementary School 820 Sunvaliey School +
Great Adventures in Learning 808 Sherman Or School
a' Happy Days Preschool 722 W. Oak School
Hidden Oaks Learning Academy .1714 Teasley Ln School
Hodge Elementary Scholl .3900 Parkway School
Immaculate Conception Catholic School 1215 N Elm Scholl
A Liberty Christian School 1500 S. Bonnie Brae School
} Maranatha Christian Academy 1301 Audra Ln School
ji McMath Middle School Teasley South of Londonderry School
McNair Elementary School 1530 Hickory Creek Road Scholl
Montessori Co'!egiate 815 W. Hickory School
New Horizons Daycare d Learning Center 529 Bolivar Scholl
North Central Texas College 601 E. Hick school
f North Texas Christian Academy 233 W. Hick School
Rayzor Elementary School 1400 Malone School
Robort E. Lee Elementary School 800 Mack Drive School
Ryan High School 5101 E. McKinney School
Sam Houston Elementary School 31 DO Teasley School
Sehvyn School 3333 W. University School
Springbok Academy 1306 N. Locust Scholl
Strickland Middle School 324 E. Windsor School
Sullivan Keller 1125 Davis School
Tender Loving Care Preschool 1702 N. Oak School
Thomas Rivera Elementary School 701 Newton School
Woodrow Wilson Elementary School 1501 Emerson School
Young Scholars Academy 2324 San Jacinto Blvd. School
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RESOLUTION NO.
I
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE DRUG-FREE
ZONE MAPS PRODUCED BY ENGINEERING AND TRANSPORTATION DEPARTMENT i
OF THE CITY OF DENTON.
WHEREAS, Section 481.134 of the Texas Health and Safely Code defines the areas
` which are drug-free zones and allows for enhancement of drug offenses that occur within the
drug free zones; and
WHEREAS, Section 481.135 provides that if the governing body of a municit:alily
approves the map as an official finding of record of the location or boundaries of those areas, {
then the map is admissible into evidence and is prima facie evidence of the location or
boundaries of those areas; and
the City Council deems it to be in the best interests of lh + public to protect j
WHEREAS,
schools, playgrounds, institutions of higher education, youth cenlers and video a -cedes from the
danger of drugs and drug dealers by enforcing the drug laws to the fullest extent authorized by
law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
$E(~ ION The map designating the boundaries and location of the drug free zones
within the City of Denton which was produced by the City's Engineering and Transportation
Department is hereby approved as an official finding and record of the location and boundaries
of (lie drug-free areas.
SECTION 11, The drug-free zone map is attached to this resolution and shall be filed
with the county clerk of Denton County, {
SECTION Ill. This Resolution shall become effective immediately upon its passage and ;
approval,
k PASSED AND APPROVED this the day of 1998.
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JACK MILLER, MAYOR a
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ATTEST:
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BY: JENT4IFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
{ BY
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Agenda No.
Agenda Item , 7
AGENDA INFORMATION SHEET Pa1e
AGENDA DATE: April 29th, 1999
DEPARTMENT: Planning & Development
CM/DCMIACM: RickSvehlacb
L.
SUBJECT
Receive a presentation from Dennis Wilson and hold a discussion regarding design standards used by
k., municipalities enhance community aesthetics and image.
BACKGROUND
During discussions that led to the formation of the Denton Plan Process, several presentations were
scheduled to identify community issues of concern to City Council members. Three presentations have
taken place thus for: (1) "Planning for Transit-Oriented Development" by LKC Associates (September k
23n°, 1997), (2) "Walkable Communities" by Dan Burton (October 150i, 1997), and (3) "Roadway
y Design" by Rick Chellman (November 10, 1997),
A fourth presentation has been scheduled for the April 28'h, 1998 work session. Dennis Wilson of the
Dallas firm, J.D. Wilson & Associates, will make a presentation entitled "Design Standards," and will
address the topics identified on the attached outline. This presentation has been scheduled in response to
question and comments regarding municipal approaches to design and construction quality, particularly
with respect to other North Texas communities. Mr. Wilson's presentation is timely; tl.e proposed
"Corridors" approach is scheduled for City Council discussion at the same meeting.
ESTIMATED SCHEDULE OF PROJECT
Mr. Wilson's presentation has been scheduled for informational purposes only. Any follow-up requested
by City Council members would be addressed by staff once a schedule can be determined for additional
work.
I
PRIOR ACTION/REVIEW
Staff has received comments previously regarding the need to protect and enhance the visual quality of
Denton. The %'ity Council has recently enacted image and aesthetics-related ordinances such m the sign
i^ ordinance am.ndments and the landscape ordinance,
FISCAL INFORMAT ION
j No funds are committed or allocated for implemen'ation regarding Mr. Wilson's presentation.
1
EXHIBITS
"DESIGN STANDARDS" Outline
Respectfully Submitted: , S 0
jV U ~_z~
and M. F.
Director of Planning and Development
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Denton Plan Workshop
DESIGN STANDARDS
Presentation Outline
!4 '
t The following topics will be reviewed with slides:
t. Why do cities adopt design controls?
• Address particular Issues
r a Special Districts
• Comprehensive Image program
2. What are some typical design standards?
c • Parking lots
• Historic preservation
a Big box retail
a Building materials
• Color
• Landscape
• Streetscape
• Residential Adjacency
• Sionage
• Subdivision Layout
a City standards
1
3. What are the Impacts of good design?
My
q . Investment
• • Attracting Investment
• Property values
4. Warnings
• Equal treatment of properties
•
• Discretion
1
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Agenda No I
Agenda Item I
Date
AGENDA INFORMATION SHEET
AGENDA DATE: April28,1998
DEPARTMENT: Planning and Development Department
CM/DCNVACn1: RickSvehIa~S
UBS JECT Receive a report and provide direction to staff regarding the preliminary
approach to a corridor ordinance
BACKGROUND The City Council directed staff to prepare a corridor ordinance to
implement regulations to enhance and improve the appearance and safety of corridors.
The preliminary approach is to establish regulations for all corridors from Loop 288 to
the city limits, 1-35E,1.35W,1.35N, Loop 288, Mayhill Road, and Lakeview Boulevard.
The roads would divide into three classifications: gateways, entranceways, and rural 1
roadways. Overall regulations related to setbacks, architectural materials, architectural
design, uses visible from the corridor, signs, and non-conforming landscaping are
recommended. Staff recommends establishing specific guidelines for designated roads
upon adoption of the general guidelines,
C ooridors will be addressed as part of the Comprehensive Plan. The Comprehensive Plan
will address issues related to the "The Street" and "The Edge". The corridors connect
thesi two aroas. "The Street" section of the Comprehensive Plan will address the area
within the Loop 288 corridor. An Interim ordinance is recommended to address specific
issues for the area outside loop 288 and the 1.35 corridors. Each road would then be
reviewed separately to determine if specific policies and ordinances should apply the road
segment allet completion of Comprebensivc Plan.
A plan for public improvements along corridors should be developed to enhance the
corridors, In 1987 the City Council instituted a process to apply for TXDOT matching
funds as TXDOT road projects are proposed. The matching grant process was used to
install !a jdscaping on Tcaslcy Lanc (FS12181). Elements of a plan for public right-of-
Aay may include landscaping or right-of-ways and medians, TXDOT logo signs,
• maintenance of roadway areas, directional signs, lighting, and sidewalks.
ESTUNI EP SCHEDULE OF PROJECT Staffproposes a series of meetings with
the Planning and Zoning Commission in May. The Commission recommendation would
be fbmardcd to the City Council in June. A public hearing is proposed for June 2 with e
work session scheduled for Jun. 9. A final public hearing is scheduled for June 16, A
• completr, schedule is enclosed.
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R' pglo t A ION/IEVIE (Council. Boards. Commilslons No action has been
taken. The Vision for the 2l" Century Live Team recommended that a corridor study be
completed to promote economic development and the quality of life in Denton. The Live `
t` Team recommended using "signature plant materials" and building materials from the '
Courthouse on the Square to create repeating deaign elements throughout the city. This is F
demonstrated in the selection of materials for the entrance markers.
z FISCAL 1,FFUAHA= Additional staff review will 'e required but not specific
fiscal impact is anticipated at this time. The enhancement of public right of way as a
F companion component to the corridor ordinance will require a financial commitment but
a recommendaticn on the public enhancement is not being proposed st this time.
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Director of Planning and Development
Prepared by: ,F
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Cecile Carson
Small Area Planning Manager
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CORRIDOR SCHEDULE
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ti FebruuyMarch Research
Contact TXDOT about tnfrrc counts and public enhancements
Discussions with Building Inspectlom, Code Enforcement, and other
City departments
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March-April Draft proposal
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1 April Complete ordinance and submit to legal
April 14 DPC Review
April 28 City Council Work Session
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May possible review by the Vision Entranccway Committee
May 13 Planning and Zoning Commission Work Session
May 27 Planning and Zoning Commission Public Hearing and recommendation
June 2 City Council Public Hearing
June 9 City Council Work Session
June 16 City Council Public Hearing and ordinancc adoption proposed
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CORRIDORS
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is OVERVIEW
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e The Dentun City Council has determined that our corridors impact the visu+ 1 image of cur community;
t The Vision for the 21" Century project identified entranceways as an part component of the vision for
Denton as a great place to live, work, learn and play;
The City Council finds that it is in the public Interest to insure that new developments in Denton will help
+o enhance the economic and aesthetic environment; and
The City of Denton recognizes that the establishment of new rule- and regulations for architectural
standards, setbacks, screening of uses, prohibition of certain uses if visible from the corridor and traffic
circulation will be In fw public interest.
GOAMOBJECM ES
To provide a visually attractive environment for those who travel through the City to automobiles busts,
other motorized: v-hicles;
To combine the plant materials and petson-made structures to visually soften the built environment, cleanse
the air, and reduce the heat effect of pavement;
To establish a character or theme for Denton that is visible along its corridors;
To design and locale streetscape amenities that are visually pleasing but avoid conflicts with driver might
visibility triangles a.td utilities;
To present the Cross Timbers terrain and to enhance the grand prairie,
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To create a distinctive sense of arrival to Denton. q
To address issues facing corridor users including motorists, transit, cyclists, pedestrians in order to create a
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safe and efficient transportation system;
To communicate a sense of cider and safety to motorist and pedestrians through development of landscape
design, lighting design, and structural treatments; '
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t To retain and enhance land value by restricting incompatible uses and orating a terse of visual unity along
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PROPOSED CORRIDOR CLASSIFICATIONS
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GATEWAYS
The 0stewity designation is reserved for the roadways with the highest volume of tiafftc and serves only in )
a limited capacity for access functions. Gateways have the most impact on the image of Denton. These
;
ruad•vays should encourage visitors to stop in Denton, koads designated as Gateways include: 1.33N. 1-33
Vi, Loop 288, and 1.33 E. from Fort Worth Drive south to the city limits. Along 0sleways, maximum
t efforts will betaken to preserve natural features including trees, prairie grasses and views. Regulations
shall be applied to property within a $00 foot wide strip on each side of the roadway measured from the
centerline of the roadway and the regulations shall apply to the entire property whether all or part of the
property Is located within the total 1,000-foot wide strip.
RNTRAyCEW&
The Eutranceway designation is given to roadways that have an urban development and serve to provide
direct site access. Entranceways typically are classified as primary arterials and have curb and gutter or are 10
designated for widening within the next the years. Entranceways shall include. University Drive (US
Highway 380) from 1-35 E to Loop 288, Della Drive (US 77), US Hwy 77 from 1-35N to Windsor Dr.,
Teasley Lane (FM 2181), FortWorth Drive (US Highway 377) from 1.33 E to Country Club Road., and
Lakeview Boulevard. Regulations shall be applied to property located within 250 feet from the centerline t
of the roadway and the regulations shall apply to the entire puVerty whether all of part of the property is
located within the S00-foot wide strip.
RuusL R DW'AVC
The Country Roadways are those roadways designed with barrow ditch drainage swal•a instead of curb and
gutter and have limited urban development densities. Rural Roadways are typically state farm to mullet
toads and shall include Fort Worth Dive (US 377) from Country Club Road to the city limits, Locust
Street IN 2164) from Loop 288 north to the city limits, University Drive from 1.35 N west to the city
timiu, UniversityDrive from Loop 288 t ast to the city limits, McKinney Street (FM 426) from Loop 288
east to the city limits, Sherman Drive (FM 429) from Loop 288 north to the city limits, and Mayhill Road, 14 1
Regulations shall be applied to property located within 200 feet from the centerline of the roadway and the
regulations shall apply to the entire property whether all or part of the property is located within the 400- r ,
foot wide strip, l
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CORRIDOR TRAFFIC COUNTS
1998 01strict TrefOc Map
1.35 N Corridor US 377
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1.35 N Interchange to Hwy, 380 45,000 Collins to Eagle 22,758
1-35 N Hwy. 380 to Loop 288 33,000 Eagle to W. Oak 26,938
Loop 288 to FM 3163 30,000 Country Club Rd. S to City Limits 4,800
1.33 W Corridor Sharman Dr.
Hwy. 2449 to Interchange 20,000 Loop 288 to North City limits 7,948
1.33 E Corridor McKlnnay St.
Loop 288 to South City limits 80,000 Loop 288 east to City limits 17,279
Hwy 77 to FM 2181 62,000
2181 to Hwy 377 67,000 Msyhlll Road 3034
Hwy 377 to Interchange 43,000
Loop 28S Corridor
Fm 2164 North to City limits 2500
FM 2164 to 428 8,600
428 to Hwy 380 10,200
Hwy 380 to 426 19,200 1997 Traffic Count I City of Denton
426 W to Loop 288 10,000
426 to 1.35 E 19,200 Major Intanactlons
Hwy 380 Corridor 1.35 E at Lillian Miller 20,998
1.35 E at Teasley 14,584
West from 1-35 to City Limits 14,700 South at 1-35 E at Hwy. 377 19,667
at 1-35 E 16,600 North at 1.35 E at Hwy 377 26,299
1.35 E to Hwy 377 22,000 1-35 E at McCormick 14,298
Carroll Blvd. To Bell 25,672 1-35 N at Hwy. 360 13,811
Bell Ave. to Ruddell 25,204 Hwy. 380 at Bonnie Brae 17,415
at FM 2164 21,000 Hwy. 380 et Malone 23,908
428 to Loop 288 28,100 Hwy. 380 at Corroll 18,873
East from Loop 288 to City Limits 25,225 Hwy. 380 at Nottingham 22,317 j
Hwy 380 at Old North 21,126
Hwy 77 Corridor Hwy. 380 W of Loop 288 18,547
I Hwy, 380 E of Loop 288 25,225
1.35 E to FM 2181 17,500 loop 288 al FM 426 1 /,279 M
FM 2161 to 426 13,600 Loop 280 N of Colorado 25,928 w-
1.35 N to Windsor Dr. 8675 Loop 288 S of Colorado 29,100
Mayhill Rd. at FM 426 18,869 •
Oak 1 Hickory Corridor Carroll Blvd. At Pearl 29,963
Hickory at Bonn Is Brae 10,609 Carroll Blvd. At Parkway 26,863
Oak at Carroll Blvd. 23,951 Carroll Blvd, At Cresent 22,103
Oak at Bonnl< Brae 9876
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CITY COMPARISON SUMMARY - BY TOPIC
Landscallg Setback
Bedford - 30-ft. front yard area (maybe on T%DOT R.O.W. with written approval -up to 10 n.)
a Must contain 3 trees of 3 Inch copcr and 12 n. in height
a All shrubs, Bemis, or combination screen must be a minimum 3-n, height
Collevyille - 40 ft, from property line. If parking is setback 40 fl., the building frontage maybe setback 10
A. from property line.
no"er Martind
a Principal Roadway- 23 n. minimum from R.O.W.
a Country Roadway - 25 n. minimum from R.O.W.
a Scenic Roadway - 50 A. minimum from R.O.W.
Grand Prairie -25 ft, minimum front yard
a I andscape Buffer - 18 R: in width, parking stay intrude to 8 ft provided the berm is not reduced
North Richland Hills • 50 % of landscape requirement should consist of shrubs, trees flowering beds, with
majority in front yard area
a La, dscape buffer of 5 fl. minimum, if parking permitted in the front building line area
Plana
Dallas North Tollwav Corridor
a Landscape Setback - 30 ft from R, O.W.
Preston Road ONcrltyy istrst
a Landscape Setback - A 30-fl. wide landscaped edge from the front property line. Not to prohibit
placement of driveway. Landscape edge may be reduced to 15 ft., if the combined width of the
unpaved R.O.W. and the landscaped edge is at least 40n
SLl!£1LiL'.19D sod)
a Landscape Setback - Minimum 30 n. from R.0,W„ not to prohibit dthewry opening, may be reduced
by as much as 15 ft, tribe combined width of the unpaved A.O.W. and the landscape edge is at least 40
n
New Orleans, Uubtgm
Bnilcad A%=uc Urtan Corridor District
a Landscape Ltuffer- Within 20 n, fronn R.O."', with trees planted one per 25 linear feet of sheet
fronrage
Lhg w'ayUrba❑C,orrid.'t istricl
• a Landscape Buffer - 15 n., may include utility R.O.W, trees planted one per 25 linear feet of street
frontage
Screened Enuinment/Loadin rash
i j( tgpA . Equipment screened with masonry similar to main strucwrr
k7ower,%jyund 6 n minimum, masonry wall to match primary structure or planting
flM - Roof mounted mechanical units shall be screened. (]round mounted mechanicd units shall be
screened from view by walls constructed of the same materials and finishes as the building or by a solid
landscape screen These screens shall be a minimum of 6 n in height. Plants must be placed so is to create I
a 6-fl, tall solid screen within two years of instillation.
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H ahwav Urban Corridor District
a Storage - Refuse storage enclosed 6 R. opaque screen with gate ,
a Loading Areas - Screened by wood, brick, or masonry 6 ft, minimum
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Architectural Deslstn
0Height - Max. permitted height may increase as the distance from the R.O.W. increases. Within 200
ft, no building shall exceed 28 R, Beyond 200 ft., max. height may increase, but shall not exceed 28
A. in low intensity, 40 A. in moderate intensity, and 53 ft. in high intensity areas.
a Building materials - Design shall utilize, to the greatest extent, building materials compatible with the
Hill Country environment, such as rock, stone, brick, and wood. Mirrored glass with refleuance
greater than 20 aru is Prohibited
Bedford
Buildings construcird of 100°/, masonry
a A pitched roof cons ruction will be required on all structures 5,000 sq. ft. or less
a Design shall include relief to walls and roofs on ail structures $,000 sq. A. or greater
a Earth tones, pastels
Collevs ill e
District Design Worksheets are a part of lire site plan application package presented to the Community
development staff along with, landscaping, parking, and civil engineering drawings for review prior to
building permit review, The scoring system is designed to achieve a simple minimum number as low as 15
in the Manufacturing District and to a high 30 in the Village Retail District
a Facade Articulation Variables - This rule gives Points for breaking long facades b> a variation in the
building surfaces
a Vertical Departure Variables - This rule gives points for breaking walls in the vertical such as
providing roof slopes.
a Shade Coverage Vanahlcs - Points are awarded in this category for building facades that have
projections or other features that provide building shadows that visually break up long flat building t
facades. '
a Horirnntal & Diagonal Roof Plane Variables - Decorative features, roof or wall designs like parapets,
ridges, eases, etc. that provide visual interest, will gain a small nw slier of points, but can be useful to
the designer as a tool to get the points needed.
a Fenestration Variables - Doote, windows, and other framed building openings help to break up the
"bleak" took of a long blank wall Points are given fur the amount of openings in a building surface.
n
Design Guidelines Checklist
a Consistency: The mixing of too many different architectural stylus within a development or between
adjacent developments should be avoided
a Slarerialr Natural, unpainted materials should be used whenever possible
a Color, Earth and wood tone color, hould be the primary colors used throughout the development
a Variation: Contrasting wall planes, architectural elements, and roof lines should be used to preclude
nwrotonous elevations.
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ria 85 ;4 stone , brick, glass, not to exceed 50% glass
9p~ a Color - Pastel earth tones
a Design - Suggested sample style elements
a Signage - Signs regulated by sire, location, and tYDe
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North Richland Hills
Architectural
• Two story structures prohibited within first 100 R,
• Exterior si -faces should be brick or stone, concrete and stucco prohibited
• Design of structure must include relief to walls and roof, no single uninterrupted surface-planes
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Building Design
f a Materials - 75 %of any exposed exterior wall shall consist of glass, native stone, clay-fired brick or
n tile, or a combination of these, All exterior buildings made of glass shall have a maximum exterior
t visible reflectance of 20 Color finish must be consistent with the rernairsder of the building.
parking Layout
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Grand Prairie
I Parking Location - 1 bay (approximately 64ft plus landscaping) between front building face and
j property lines. Any additional parking %ball be provided beside or to the rear of the building.
# a Circulation -joint access required to provide smooth flow of traffic
5ite Access
Auillo
• Principal Roads - Direct access to a principal roadway is prohibited if the lot has less than 200 ft. of
frontage, Joint access may be required for abutting lots, whi,:h have insufPtcienl frontage to allow a
driveway approach.
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• Hill Country Roadways - Access may be prohibited from any tract having access to a street
intersecting with it Hill Country roadway which has access though an existingjoint use access easement or ;
driveway. % access is not prohibited, access is restricted to one driveway unless traffic volume exceed
5,000 vehicles per day, or a traffic impact analysis demonstrates need. No more than two access points
shall be permitted.
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Bedford
Shared Access Required - Access to individual development shall be obtained through mutual and cross
access drives on-site. Multiple 4iveway entrances shall be prohibited.
Grand Prairie
• Curb Cuts - One for every 200 R. of frontage, not closer 150 R. center line to center line
a Joint Access - Required
North Richland Hills t
• Shared drives and parallel access drives required A
1 Ira(Qc Circulation Plan
Bedford
A traffic circulation plan shall be prepared and provided, with the Specific Use Permit site plan, for all new +
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a }till Country
one free standing with 0A sq. feel per linear foot of frontage, up to a maximum of 64 sq, ft., and 12 ft.
above grade in height
For all other signs, 1 o°io of facade area of the first 13 11. of building height la required
a Expressway Corridor
One free rianding sign with 0.7 sq. foot per linear foot of frontage or 60 sq. fl., whichevet is larger; up to a
maximum of 300 sq. ft. and a Max. height of .~5 feet above frontage street pavement or 20 feet above grade
at base of sign, whichever Is higher,
¢lar.d Pralrle
$jY~YS
I Monument signs
- Size - 6 fl. in height and 3 fL in Width, with height increasing by I foot for each 50 A.
beyond 150 ft, of sign frontage up to a maximum of 20 fl. in height.
- Sign area - A maximum of 60 % of the monument sign structure face may be used to
identify the business ,n that site.
- Identification - May only list project name and tenant activities,
- Sign location - Must be located in a landscape setting
- Combination - A series of contiguous properties may combine signage into a sinfle
monument, where die properties have been planned as t unified development, However
each individual property would not be allowed their own individual Sign in addition to a
combined sign.
- Number of Signs - Each lot may have one monument sign. However a multi tenant
complex comprised of more than one building, shall be permitted one sign per building,
provided that buildings separated by it distance of 6o ft, or less shall be considered a
single building.
- Spacing of Signs - Monument signs must be spaced a minimum of I so ft, apart, and 60
R. from another lot.
Changeable messages - Signs may include electronically changeable messages which
identify special events on site.
a Will signs ,
- thily on-site signage shall be allowed.
- Sign area - The maximum area of all wall signs combined on one building elevadon shall
not exceed 3% of the total area of that elevation.
- May includecanopy signs, and flat %all, rascia signs
a polo signs
Location • Prohibited in the district except that they shall be permitted within so ft, of
the 111 30 R O.W.
Site - No pole sign shall exceed 300-% ft. of sign area on each of up to 2 faces.
Height - No pole shall exceed 50 ft. in height from the grade of the adjaceril public road,
prohibited Signs - Portable signs, window signs, roof signs, pole signs( except permitted by this section),
and billboards. `
North Richland Ills
Max height 25 fl., max, size 100 sq ft, major development pylon signs still permitted provided
100,000 sq. A. Hatt space
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S anave - All freestanding apartment, general business, identification, institution, and multi-purpose signs
shall be monument type. The copy are shall be framed on all four sides by at least 6 inches of masonry
rock, or other materials compatible wM an associated building's fascia. An additional three feel may be
permitted for earthen berms, alone mounds of other landscape features if part of an approved landscape
plan.
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arimtsrrt Size Mav.L.um Co Size
Maximum Hei ht M
Apartment signs 8 ft. 35 ft. 20 Sq.. A.
General Business Signs a n. 90 s fl. 70 S q. ft.
Identification Signs _L fl. 125 s q. R. 100 l q. ft.
Institution Signs 8 R 45 s q. ff. 30 sq. A
Multi- a se signs 12 R. 215 sq fl -Identification - io . A.
Dtrecto -10 U. ft.
New Orleanh L utslana
Bullard Avenue Urban Corrfdor)Djstric
a Accessory Signs - Each business shall be allowed either ene (1) flat of one (1) projecting sign.
- Sign Area - Allowable sign area computed one sq. foot per linear foot of tenant space,
max 70 sq, ft. No sing shall project more than five (5) ft, from the building. No accessory
sing shall be erecled above the parapM level of the main building,
is Canopy Signs - Each business on the premises shall be allowed two (2) canopy signs with the area of
each sign limited to six (6) sq. n.
a Detached Signs - Each development shall be allowed one (1) detached sign
- Sign Area - Allowable sign area computed one sq. foot per linear foot of street frontage.
Ina development containing less than 1wo (2) acres the maximum allowable
sign area is seventy (70) sq. R. The maximum allowable sign area for a
development of over two (2) actet is 100 sq. fl. The maximum allowable height
is twelve (12) A.
lliuhAay Urban Corridor District
a Accessory Signs - Each business on premises shall be allowed either one flat or one projecting sign.
- Sig s area - Computed at one(1) square toot pet linear foot of building width of individual
tenant space along the wall on which the business has its main enirpnce. Max 200 sq. R.
.
No projecting sign shall extend fire feet(5) from fie face of the building
a Canopy Stems - Each business shall be allowed two (2) canopy signs with the area of each sign limited
to tight(8) sq. ft.
a Dclached - Each building shall be allowed one (1) detached sign.
i Sign area - Ear a development containing less than 14,o (2) acres the allowable area for
each face of a double face sign shall be computed at ene (1) sq. n. per linerr n. of street
frontage, or 70 sq. ft whichever is less Max. Height shall be thirty-five (35) A.
f Prohib[ted_ sea
Q
Bedford Any outdoor sales of storage as principle or accessory
s; Automatic coin or attendant operated car wash
~TeJ~lf Automotive glass, trim, or upholstery shop
Automotive repair shops and garage, as principle or secondary use
Chemical and allied products manufacturing and packaging
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Convenience grocery stores
Convenience stores with a drive-thru window
Dairy products manufacturing ardor wholesale
Drive-in and drive-thru restaurant
Gasoline service stations
Heavy construction equipment and implements
Laundry, dry-cleaning & dyeing plants
Massage salon
Meat, fish, or poultry markets
Metals and metal product manufacturing and assembly
Mobile home, campers, and recreational vehicle sales
Multi-family dwellings'apartments'condominiums
Pawnshops
Self-sen 1:e storage facilities
Sexually oriented business
Textiles and fiber produce
W nolcsale automotive vehicle equipment and estab:4,nen;9
C nllevvllie
Mobile home dwelling
Farming &Livestock breeding'raising
Public maintenance & storagt buildings
Solid Waste disposal sites
Railroad or motor freight terminals
Transportation vehicle storage yards or garages
Automobile repair & storage Av outside storage
Warehouse and distribution
Food packaging and manufacturing
All other manufacturing
Grand Prairie
Livestock sales
F-lectrwal substation - SUP
Radio;Telcvkion Tower - SUP
Water treatment plant
Sewage pumping station
Railroad passenger temtinal
Non-Conforming Use
+ @edfcrd
'vbnconfurmily - All structures that are nonconforming at the time of adoption of the '11C", or which are
deemed conforming as a result or regc'ations, shall be subject to the following
a Existing uses that ate legal uses in the underlying districts, but are caused lobe
nonconforming by the regulaeions of the "IIC shall be considered legilly conforming uses,
a All related non-conformities relative to Landscaping and Screening Regulations and
Deczlopnrcnt Standards, shall be brought into cornplionee prior to March 1, 200.1. This does
no' apply to structures that do not meet architectural standards
a Any site, which is non-conforming to the regulatio,a listed in Landscaping and Screening and
Development standards, shall submit a site assessment, in the form of a site plan, which
Indicates the manner in which any applicable nonconformity will be brought into compliance.
a Any site requiring a site assessment, in the form of a site plan shall be submitted by March I,
1999, said plan subject to approval b:ity Council
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CITY COMPARISON SUMMARY - BY CITY
Austin, Texas
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Hill Country Roadwq Corridor - All lend within Austin's zoning jurisdiction located within 1,000 ft.
from each side of the public right-of-way of the following roadways: Loop 360 from Hwy. 290 W to US
183, RM 620, from SH 71 to Anderson Mill Rd, RM 2222 from Highland Hips Dr, to RM 620, RM, from
Loop 360 to SH 71, and Southwest Pkwy.
Nonresidential floor to area ratio - All nonresidential buildings shall be limited to a maximum Floor-to-
Area Ratio computed by reference to slope gradients and intensity level as followx
Intensi Level'•
Slope G,adient of Land Low Moderate Hi h
0-15% .20 .25 .30
_ 13.25°'0 .08 .10 .12
_ 25.35% .04 .05 .06
••Inlcmity Tn
lliah I
ntcnsiw All land within L(afo A. of R9.N'. of two Inknrctina stale malo'unrd nradways, and w ith
fnml2le on buth high s sys or on am highway and an lvtcnmuna arteria, or culk,*' roadway.
ht,dmte ontoviiry - All land oat included m high intensity, with frnnuae on designaleo + is.
I,oA In lrnnty -A I I land MA included in nwlerate and high
Vct tlQpmi:nt Standards
a Height - Stax. pelinitted height may increase as the distance from the R,ON, increases,
Within 100 R, no building shall exrccd 28 It. Beyond 200 fill, max height may increase, but
shall not exceed 28 n. in lo-,-, imensity, 40 ft. in moderate intensity, and 53 A. in high intensity
areas.
I Building materials - Design shall utdix, to the greatest extent, building materials a compatible
with the Hill Country environment, such as rock, stone, brick, and wood Mirrored glass with
rcllectance greater than 29 00 is prohibited,
Jand5t;Avc
a Tree Remuaal - Each tree of V diameter or greater that is removed, the ow net shall plant a
sufficient amount of nati%c species to reasonably compensate for the loss.
a llighway Vrgeta:{'. a Buffer- In case; where the buffer area has preciously been
substantially disturbed, the buffer area shall be tevcgeuted with native trees, shrubs, and
grasses and up to 5011; of buffer may be used for dctention'sedimcntation ponds and
wastewater drain fields, subject to such restoration.
a Clearing No clearing shall be allowed within wo ft of R.U.W., except for clearing
necrsxary to provide utilities and access tc site. In no cave shall segetalive buffer exceed 20%
of the acreage of the applicant's property
a Ptesen'ation - At least 40 °0 of the site, excluding dedicated E.O. W., shall be left in a natural
state Tn meet this requirement, priority given to the ptotection of critical areas as identified
in the 01Y's Comprehensive Plan. Narural areas located within parking medians and the i
required liighway 1'egctative Buffer may count toward this 40%.
Etecncd Parkinst
a Screening - All parking areas ti detention end or water quality ponds shall use existing
vegetat;nn, or installed landscaping to screen pavement, vehicles, and ponds from the existing
roadway and from adjacent propcities
a biassing - This screening shall include dense massing of trees in addition to existing native
. understory, segetat;on, shrub massing, and berms, 0
iraftic~ess ReQyjtemcnit
' • Principal Roads - Direct access to a principal roadw ay is prohibited if the lot has less than
200 fl. of frontage loint access may be required for abutting lots, which have insufficient
frontage to allow i driveway approach.
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a 11)11 Country Roadways - Access may be prohibited from any tract having access to a street
intersecting with it Hill Country roadway which has access though an existing joint use access
easement or driveway. If access is not prohibited, access is restricted to one driveway unless
traffic volume exceed 5,000 vehicles per day, or a traffic impact analysis demonstrates need.
No more than two access points shall be permitted.
a Hill Country
One free standing with 0.4 sq. feet per linear foot of frontage, up to a maximum of 64 sq.
A., and 12 ft above grade in hctght
Fot all other signs, 1046 of facade area of the first 15 R. of building height is required
• Expressway Corridor
One free standing sign with 0.7 sq. foci per linear foot of frontage or f . sq. ft., whichever
is larger; up to a maximum of 300 sq. ft. and a h'ax, height of 33 feet I At frontage
street pavement or 20 feet above grade at base ol'sign, whichevet Is hi ter.
Bedford, Texas
Ijghway Corridor 0%erhky District. State Hlaj w LW
Property included - 200 ft R.O.W,
E=t Yard Setback - 30 ft. (may be on TXDOT ROW with written approval--up to I0 can be on R.O.W.)
Prohibited Uses
Any outdoor sales or storage as princtple or accessory
Automatic coin or attendant operated car wash
Automotive glass, trim, or upholstery shop
Automotive repair shops and garage, as principle or secondary use
Chemical and allied products manufacturing and packaging
Convenience grocery stores
Convenience stores with a drive-thru window.
Dairy' products manufacturing and or wholesale
Drive-in and drive-ihru restaurant
Gasoline sen ice stations
Ileavy consnuoion equipment and implements
Laundry, dry-cleaning & dyeing plants
Massage salon
Meat, fish, or poultry markets
Mctals and metal product manufacturing and sssen,~ly
Mobile home, campers, and recreational vehicle sales
M ult;-fa mi ly duellings'apartmenl s'condom iniums
Pawn shops
! SCIE-Wts'ice storage fauhlies
Sexually oriented business
I rktiles and fiber products
Wholesale automotive vehicle equipment and establishments
Shared ACi63D } uuhyd - Access to individual dcve:oomenl shall be obtained through mutual and cross
access driv:s on-site Multiple drivcaay entrances shall be prohibited,
Traffic Cvculation Plan - A traffic circulation plan shall be prepared and provided, with the Specific Use
Permit site plan, for all new development.
Landscape Aau - 30-ft front yard area 0 r
a Must contain 3 trees or 3 inch caliper and 12 ft. in height
t, a All shrubs, Berms, or combination titres n must be a minimum 3-:1. height
1 evrl ment Standardy
a Buildings constructed of 100% masonry
a A pitched roof construction will be required on all structures 3,000 sq ft. or less
IS I
rf 1~xIL] 32x10
A' Y
• Design shall include relief to walls and roofs on all structures 5,000 sq. ft or greater
o • Earth tones, pastels
• Equipment screened with masonry similar to mein structure
• Ground mounted signs - 6R maximum height, 50 sq. fl. maximum, similar masonry material
• Lighting Plan -Fixtures must have a maximum height of 30 ft. and the light must be duetted
toward the ground
ronronfomt tv - All structures that are nonconforming at the time of adoption of the "HC", or which are
deemed conforming as a result of regulations, shall be subject to the following'.
• Existing uses that ate legal uses in the underlying districts, but are caused to be
nonconforming by the regulations of the "HC", shall be considered legally conforming uses. {
• All related oon•conformities relative to Landscaping and Screening Regulations and
Development Standards, shall be brought into compliance prior to March 1, 2003. This does
not apply to structures that do not meet architectural standards.
• Any site, which is nonconforming to the regulations listed in Lams,raping and Ss reeving and
Development standards, shall submit a site assessment, in the form of a site plan which
indicates the manner in which any applicable nonconformity will be brought into compliance.
• Any site requiring a silt assessment, in the form of a silt plan shall be subwinr.d by March 1, I
1999, said plan subject to approval by City Council.
Maintenance Requirements - Maintenance agreement, approved by the City, shall be signed by the
appticent'owner for maintenance of all landscaped areas, stdewalks, drive areas, and parking lot lighting.
The maintenance agreement shall be a covenant running with the land and shall be filled for record in the
deed of records of Tarrant County and binding on all owners, lessees, and successors. Includes
maintenance of sidewalks, lighting systems, parking, irrigation and sprinkler systems,
Carrollton, Texas
Corridor CQneitt Plan -A conceptual guide and general standard for addressing Caaolhon'a corridors
as to image and physical appearance. ]he Plan's concepts and technical recommendations require further
evaluation and analysis as to their apptopriateness by each City department prior to actual implementation.
Major City :ntrnets
• plantings - Simple in bold linear, long single rows to make an impact at 63 mph are required.
• Walls - Used to link intersections on either side of :he interstate and state bigbway, with city
logo
• Entry space and walls - Lined with seasonal flowers and low evergreen
Special Streets
• Identified by removed paved median and minimised median breaks '
• A historic light standard should be used in the median, with a new light standard functioning
as the only street light source
• Street Trees should be planted 50' apart in wider medians
• prick paving flat work should fill narrow medians, between planters
Attcrta13 - Sucets running through the snore commercial adjacent uses, have fesvti trey required In the t
adjacent R.O. W. and the tree palate is somewhat smaller. The need for clear unobstructed commercial
graphite and signage provides for less trees to be planted in these corridors. The placement of trees should
rccognite the need for view zones.
$ctccncd Parking
• Berm - 3' minimum height, and 24' minimum setback f street frontage
• Wall - Minimum 2' and max 4', constructedof matedus that compliment architectural styli
• • Fledge - T•6' high, constantly maintained as clipped hedge
• Loose screen planting - Minimum V-6', staggered roe of shrubs specifying dwarf plant
varieties
• Berm'tVdl - Minimum J' berm street aide and a retaining wall on the parking surface side
I
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Colleyvilie, Texas
Commerclal Zoning Ordinance -Applies to all commercial and industrial development within the City +
of Col leyl ille.
Front Yard Setback - 40 R. from property line. If parking Is setback 40 0., the building frontage rrtay be
setback 10 it. from property line.
Commercial Design District - District Design 1Vorksh,ets are s part of the site plan application package
presented to the Community development staff along with, landscaping, parking, and civil engineering
drawings for review prior to building permit review, The scoring system is designed to achieve a simple
minimum number as low as 15 in the Manufacturing District and to a high 30 in the Village Retail District
a Facade Articulation Variables - This rule gives points for breaking lung facades by a
variation in the building surface.
a Vertical Departure Variables -This rule gives points for breaking walls in the vertical such as
providing roof slopes.
a Shade Coverage Variables - Points are awar "A in this category for building facades that have
projections or other statures that provide building shadows that visually break up long flat
building facades.
a IlorwDotal k Diagonal Roof Plane' 'riables -Decorative features, roof or wall designs like
parapets, ridges, eaves, etc. that provide visual inlere 4 will gain a small number of points, but
can be useful to the designer as a tool to get the points needed,
I Fenestration Variables - Doors, windows, and other framed building openings help to break
up the "bleak" look of a long blank wall Points are given for the amount of openings in a
building surface
ligigM- Building height 2 stories man 35 A.
Prohibited Uses
Mobile home dwelling
Farming &Livcstock breeding'raising
Public maintenance A storage buildings
Solid Waste disposal sites
Railroad or motor freight terminals
Transportation vehicle storage yards or garages
Automobile repair A storage w! outside storage
Warehouse and distribution
rood packaging and manufacturing
All other manufacturing
Architectural Ouidelino - Design formula, paint system
F'loti er Mounds Texas
Principal Raadstav - Designation given to the major Floarr Mound roadways which will have a more
subutbanited density of developmenl, but which are of important significance in establishing and
maintaining a quality image of the town.lhey are to have a high quality of landscape treatment and higher
than normal landscaping to the roadside, including special pedestrian ati&or hike and bike trail provisions.
1 andscaoe Setback - 25-1, minimum from R.0, W,
1 l,gndscaoe Area - 20 % of street yard ij
rte Plan 0008 s14!
i r I1r1000 sq. A. (nJ street yard less than 9.23 acre 0
1 /2500 sq A. @ street yard 0.25 to 2.5 tcres
Ii5000sq, A. (ail street yard over 21 sties
+ Tree site - 2" caliper min. in street yarn
Street Trees - I per 30-A, frontage, 3" caliper
Parking Area Landsca~x _ 90 sq. I't M parking spaces
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- - • ..'9:...n . •..v.v..u4.win.-9.X..uLWfOMh:-r.M,yM1^".M,. ~v Y: M.W.v. .w.J.. i~ ..i
~ Parking Area Trees - I tree 101parking spaces, max 50-n. from any space
Parking Area Screening - Viewline Mt. minimum, plants, berms, walls, or natural topography
Yq ,io V Trash Screening - 6-n, minimum, match building materials or plant
~ = t o_ adina Service Screening - &ft. minimum, masonry wall or planting
ix Seoar- ation mm Residential Uses - 6-ft. minimum, masonry or planting
i,♦ I
Country Roadway - These have enough additional R.O.W. available to provide drainage swales instead of
curb and gutter, preservation of natural landscape, naturalized new landscaping and spe6al recreational
trail features, such as equestrian trails.
a 1 an a oe Setback - 25•R. minimum
'r Landscape Area - WK of street yard
a
Tree Planting Ratios `
MOOD 1000 sq. ft C street yard less than 0.25 acre Ik
1/2500 sq. ft. 1@ street yard 0.25 to 2.5 acres
rS 1/5000 sq. it. @ street yard over 2.5 acres
Tree size - 2" caliper min. in street yard
Street Trees - I tree per 30-R. of frontage, 3" caliper
Lrgrki Area Landscape-90 sq. ft.112 parking spaces
Packing Area Trees - l tree I W parking spaces, max 50-R, from any space
Parking Area Screening - Viewline Mi. minimum, plants, berms, walls, or natural topography
Fouipment/ trash Screening - 6-R. minimum, match building materials or plant
Load/ no Service Screening - 6-n. minimum, masonry wall or planting
Sapration From Residential Use -6-ft . minimum, masonry or planting
Scenic Roadway - Roadways which have the most impact on the image of Flower Mound, whether
through the quality of existing natural environment or the significance of the roadway as a major entrance
to the town The scenic roadways are to have the maximum preservation of existing natural feature, trees,
view s, extensive landscaping of the roadside where it does not currently exist, and limitations on density of
new development within 1000 n. of the roadway centerline
I andscaoe Setback - 50-n minimum
Landscape Area - 500,-: of fried yard
7, cc Planting Ratios
No street yard less than 0.25 acre
112500 sq. ft, Co street yard
Tree size - 2" caliper min, in street yard
$gect Trees-- I tree per 30-ft, of frontage, 3" caliper
Parking Area Landscape - 90 sq. RA 2 parking spaces
jerking Area Tim - I Lice IN parking spaces, max 50-R. from any space
Parking Area Screening- View line 3-n. minimum, plants, berms, walls, of natural topography
Fouipment Trash Screening -6-f minimum, match building materials or plant
* Lsufing Cervlce Screenins- 6-R. minimum, masonry wall or planting
$gparation From Residential Uses - 6•n, minimum, masonry or planting
'i 1 es'on O u,i¢clines - Reviewed by Planning Department
! Grand Prairies Texas
4 Belillne Corridor - Identified by City Council m a special district with the City of Grand Prairie. It "
involves major investments by the City for economic development in both the creation of Lone Sur Park at
Grand Prairie and the planning and manipulation of flood plain lands to creste developable sites.
+ 0 ' Auil ling Setbacky
a rront Yard - 25 n i
a lleight- Unlimited, except must be a setback of 2 n, for each 111. in height 'loin a lot in a I
residential zoning district
I
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25 10
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Permitted Land Use;
r Livestock sales
E lectrical substation - SUP
P adiorrelevision Tower - SUP
Water treatment plant
"r Sewage pumping station
Railroad passenger terminal
+ite Layout
• Parking Location - I bay (approximately o4ft plus landscaping) between front building face
and property Sines, Any additional puking shall be provided beside or to the rear of the
building.
is Circulation -joint access required to provide smooth flow of traffic
LAt1Q5C9Qlf)d
• Parking Lots
Tree canopy - I tree for each 20 spaces, no parking located 1004 from the center of
tree,
3 inch trees, 6ith minimum S ft, island (grass corer in island)
• Screening of Parking - 3 A. high solid shrub, be,m fence, or combination, in no case shall the
slope of the berm exceed 3:1, unless it is being retained on the private property side of the
berm.
is A minimum 3•n, berm shall be used along both sides of Beltlint Rd. as the screening method
along this roadway, unless prevented due to unique site conditions.
Strectscavirta - Minimum I tree for 40 n. frontage, 3" caliper
• Placement of Trees - All required street sball be placed between the future roadway curb
line and the parking area or front building line, whichever is closest to the stre.t R ON.,
however trees shall not be planted closer than 3 n. to the curb line.
t andwane Buffer - 18 ft. in width, parking may intrude to 8 ft. provided the berm is not reduced
Site Landscape Are
• Minimum Landscape Area - Each developed site in the district shall maintain a minimum of
20'/0 of the site in landscaping. The minimum may be reduced to 15% of the site by the
planting of additional trees
is Reduction of Landscape Area - The amount of required landscaping may be reduced by 120
sq. R. for each 3" caliper shade tree planted, This does not include trees, which are required
for parking areas or rot streetscaping, lio%ort, up to 50"/0 of the trees provided under bits
provision may be added to the park ing lot or roadway landscaping areas Two omamental
trees may be substituted for one shade tree.
Site Access
• Curb Cus - One for every 200 n. of frontage, not closer I50 R. center line to center line
• Joint Access - Required
Architectural Standards
• Materials - 85 no stone, brick, glass, not to exceed 50% glass
• Color - Pastel earth tones
• Design - Suggested sample style dements
• Signage - Signs regulated by size, location, and type
Sianaue
• Monument signs
- Size - b n. in height and 8 n, in a kith, with height increasing by I foot rot each 50 n.
a' beyond 150 n. of sign fronttge up to a maximum of 20 n. in height.
Sign uea - A maximum of to % of the monument sign structure face may be used to
identify the business on that site.
= Identification - May only list projecl name and tenant activities. f
Sign location - Slut be located in a landscape setting.
Combination - A series of contiguous properties may combine signage into a single
monument, where the properties have been planned as a unified development. iiowevet
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each individual property would not be allowed their own individual sign in addition to a
combined sign,
- Number of Signs -Each lot snay have one monument sign. I lowever a multi-tenant
complex comprised of more then one building, shall be permitted one sign per building,
( provided that buildings separated by a distance of 60 ft. or less shall be considered a
single building.
- Spacing of Sins - Monument signs must be spaced a minimum of 150 ft. apart, and 60
ft. from soother lot
Changeable messages - Signs may include electronically changeable messages which
identify special events on site,
Wall signs
- Only on'site signage shall be allowed.
- Sign area - The maximum area of all wall signs combined on one building elevation shall
not exceed 3% of the total area of that elevation.
- May include canopy signs, and flat wall fascis signs
a Pole signs
- Location - Prohibited in the district except that they shall be permtted within 30 ft, of
the 111 30 R.O.W.
? - Size - No pole sign shall exceed 100-sq. ft, of sign area on each of up to 2 faces,
- 116ght - No pole shall exceed 50 it, in height from the grade of the adjacent public road.
I Prohibited Signs - Portable signs, window signs, roof signs, pole signs( except permited by
this section), and billboards )
Review Process
a Site Plan required prior to building process.
a Content of Site Plan -The site plan shall include such things as structures, streets, sidewalks,
off-street parking and loading, landscaping and drainage, and buildings elevations specifying l
surface materials, color, and signage,
a Review Process - Chief Building Inspector and Planning Direetot shall approve site plan, or it
may be forwarded to council, if there are substantial variances.
a Content of Review - Compliance vA the intent of this zoning ordinance, including
landscaping, Glade materials, architectural style elements, screening regulations, setbacks,
land use regulations, signage, parking, and any other standards.
North Richland Hills, Texas
Alld-e'flfes Blvd. Corridor Study - The extension of Mid-Cities Blvd. provides through access from
Precinct Line Rd. to Rufe Snow Dr. The availability of the roadway and the quality of the Mid-Cities
Blvd. Corridor will likely be a significant incentive for development to occur along the roadway. The
majority of the land within the study is undeveloped. In foci very tittle development has occurred since
1992,
I an~dscaui6g
0 a 50 "o of landscape requirement should consist of shrubs, trees flowering beds, with majority
in front yard area
a 1 andscape buffer of 5 A. minimum, if parking permitted in the front building line area
~ Parkin
st
a Curbs provided on all parking surfaces,
r a curb stops on all parking that "head in" to any landscape area
a Parking of vehicles rrohibiled within the building line set-back areas on lot
a Shared drives and parallel access drives required d
Sianaae
a Max. height 25 fl ,max. size 100 eq fl, major development pylon signs still permitted
provided 100,000 sq. A. floor space
Auhiisslw~l
a Two story structures prohibited within first 10011.
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a Exterior surfaces should be brick of stone, concrete and stucco prohibited
a Design of structure must include relief to walls and roof, no single uninterrupted surface-
planes
Prohibited Use - Service uses and retail uses that require large areas of outside storage are prohibited. ,
These uses would include vehicle car lots, tental facilities, auto repair facilities, and self-storage facilities.
All permanent outside storage and display are also prohibited.
ZQnjna.- Current industrial and agricultural zoned land use, should be changed to C-2 or R-3, as directed
by future land use map.
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Plano, Texas
Dallas North Toll" Sty QQEEldK
Minimum Front Yard - 50 ft. from frontage roads
Minn imum Side Yard- of comer lot, 5o ft. if on street side
M&ximum Building Ileiaht - Twenty stories, not to exceed 325 ft., except as noted in other setback
requirements
Maximum Lot Coverage - 50%. 70°16 if structured parking facilities are included
Other Setback Reautrements - In addition to Dona, side, and rear yard requirements, the following
minimum setbacks from residential zoning districts shall apply to all buildings as measured from the
district boundary line of the nearest residential district.
a Front Yard Setback -A minimum of $Oft a measured from the property line or three times
the height minus 30 ft. as measured from the nearest residential district boundary line
required whichever is more restrictive. Com ersely, the allowed building height at a certain
setback, would be equal to 1/3 the setback plus 10 ft.
a Building Height - A maximum of 8 stories or 140 ft. in height, whichever is more restrictive,
shall extend for a distance of 1,000 R, from the nearest residential district boundary line
a Setback - Beyond the 1,000 n., the setback shall increase at a rate of one times the height of
that portion above 140 R. or eight stories, whichever is more resbictive, up to 325 ft. in height
or twenty stories, whichever is more restrictive.
Buildmg exi n
a Materials - 75 6,6 of any exposed exterior wall shall consist of glass, native stone, clay-fired
brick or tile, or a combination of these. All exterior buildings made of glass shall have a
maximum exterior visibly reflectance of 20 Yo. Color finish must be consistent w ith the
remainder ol'the building
a Equipment - Roof mounted mechanical units shall be screened Ground mounted mechanical
units shall be screened from view by walls constructed of the same materials and finishes as
the building or by a solid landscape screen. -these screens shall be a minimum of 6 R. in
height, Plants must be placed so as to create a 6-ft. tall solid screen within two years of
r installation.
a Open Storage - Not to be located between building face and R.O.W, A maximum height not
to exceed height of screening. Not to exceed 10 016 coverage of the lot area or 30 % of the
main building gross floor area, whichever is more restrictive Shall be screened by a solid wall
j of the same type and manner ofconstmetion of main building,
1'lunultgd Uses
Electric .row er Gcnetating Plant - SUP
y a Electrical Substation
Sewage Treatment Plant - SUP
Water Treatment Plant 0
Shops, Office, end Storage Area for Public,'Private Utility
r Accessory Building or I-Ise
..J Neavy Machinery Sales and Storage
Concrete !Asphalt Belching Plant- SUP
General Manufacturing/ Ind,strial Use complying with performance standards - SUP
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Limited Assembly & Manufacturing Use complying with performance standards
Industria I Park - SUP
Landscape Setback - 30 ft. from R.O.W.
R Landscaping -Minimum one 3"caliper tree+md one ornamental (7 & planted height) per 50 ft. of frontage s
Screening
r • Parking -minimum height of 18 inches, shall consist of earthen berms, shrubbery or
;j combination. Shrubbery hedges shall form continuous coverage and retaining wells used for
berming shall not exceed 40 inches in height within landscape edge
Ir jgation System - All landscaping must be irrigated and replaced if damaged
Maintenance - Long-term agreement, private property agreement should equal municipality level
t Preston Road Overlay District
t Proycrty Lncluded -All properties within 300 ft. of existing centerline of Preston R& and all properties
within 300 ft. of the centerlines of intersecting major thoroughfares, except Highways 190 and 121. T'he
district shall extend along said major thoroughfares for a distance of 1,000 R. from the centerline of then
intersections with Preston Rd.
Landscape Setback - A 30-R wide landscaped edge from the front property line. Not to prohibit placement
of driveway. Landscape edge may be reduced to 13 it, if the combined width of the unpaved R A.W. and
the landscaped edge is at least 40R.
Landscaping - A minimum of one 3"caliper shade tree and one 3" caliper ornamental tree(711. tall planted
height) per 50 R. of frontage, exclusive of driveways.
Screen1111{
• Parking - A minimum of 18" in height, in those locations where the landscaped edge
separates a surface parking area from Preston Road or another major thoroughfare, Landscape
screen shall consist of earthen berms, shrubbery hedges of a combination.
• Retaining Wall - May be used to facilitaa berming if not visible from the street, shall not
exceed 40 inches in height„
• Earthen Bemis - Shall have a maximum slope or 4 R. of horizontal width for every 1 n. of
vertical height,
• Shrubbery Hedges- Should fnrm a continuous living screen. Living screens, retaining walls,
and screening walls mote than 40 inches, but no greater than 8 R. in height, maybe placed
beyond the required landscape edge and -r the required front yard setback, whichever is
greater,
(aj Oslo Systems- Shall be installed to ensure maintenance of plant materials in a living and growing
condi ion.
Lapdicape Plan - Including planting and irrigation details shall be submitted with the site plan review
pram.
5jgm&c - All freestanding apartment, general business, identification, institution, and multi-purpose signs
shall be monument type The copy are shall be Ramed on all four sides by at least b inches of masonry
rock, or other materials compatible with an associated building's fascia An adclOonal three feet may be
pcrmined for earthen berms, stone mounds or other landscape features if part of on approved landscape
plan,
Maximum lleight maximum Sue Maximum Co Site
Apartntciit sum 8 n. 35 s R. _ 20 sa' n'
General Business Suns 8 ft 90 sq. n, 70 sq.. A.
fdentifi:ation Si ns a R. 125 s . R. 100 sci. R.
Institution Signs 8 n. 45 s q, R. 30 sq. R.
R, •
Muhi pursx se Signs _ 12 R.. 225 . R. - Identification - $0 s q.
r - Dittctory - - 7 10 a R.
Reader Board -3"q. R.
~.i State llgy 190 (proposed3 -11o provide appropriate design standards for the development of properties
within the State highway 190. These standards recognize the significance of SH 190 is a regional traffic
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r artery, State Highway 190 is a eight-] one highway with frontage roads that provide limited access to
adjacent properties
r' Landscape Setback - Minimum 30 R. from R.O.W., not to prohibit driveway opening, may be reduced by
as much as 15 A. if the combined width of the unpaved R.O.W. and the landscape edge is at least 40 A.
Landsc ipC- Minimum one 3•• caliper shade tree and one ornamental tree( 7 A. planted height) per 50 fl.
of frontage
Screenine
s Parking - Minimum height of 18", shall consist of earthen berms, shrubbery or combined
a Shrubbery hedges shall fomt continuous coverage and retaining walls used for berming shall
not exceed 40 inches within landscape edge
irritation System- Installeco to ensure maintenance
New Orleans, Louisiana
adsrd Avenue Urbap Corridor District - The purpose of this district is to provide for a superior
environment along a portion of Bullard Ave., a major transportation corridor in Eastern New Orleans,
through the concept of overlay zoning district, These special regul :Non include size design requirements
intended to complement land use developrrr, nt and to establish a positive design image along the corridor.
Front }'ard Sciback - 20 R. from R,O.W
Landscape Buller - Within 20 A, from R.O W, with trees planted one per 25 linear fat of street frontage
Li&bl" - No f xtUres taller than 25 Fl.
Screening
parking - 36" to 54" above top of curb elevation, must provide overall continuity, may be
masonry wall or earth berm
a Storage - Refuse storage enclosed by an opaque screen minimum 6 fl. in height
Snter LLjadsuWU- Landscaped areas within the interior of the vehicular use area shall be provided
wben the area Is over 5,000 sq. R, shall occupy A%of tutal vehicular use area, and shall be aI least 100 sq.
R. in area. The length of any side shall be fry e (5) ft, The interior landscape areas shall have raised curbs,
with an approved tree planted .t minimum of one (1) tree per 100 fir of interior landscaping
Perimeter Landscape Strip - To clearly delineate boundaries of vehicular use areas, shall count as
part of 8% interior landscape
Vchiculat Storage Yards - Landscape requirements in this ordinance do not apply to automobile vehicular
storage yards. The following criteria shall be used in determining compliance.
a A vehicular storage yard shall not be accessible to vehicular traffic of the general public.
a Any vehicular storage yard shall he located behind the minimum building setback of fifty (50)
n.
a Any vehicular storage yard shall be enclosed with an opaque fence having a minimum height
of six (6) feet. A wooden fence or masonry wall may be used to satisfy ibis requirement.
a Within the twenty (20) foot landscape buffer, there maybe located "automobile display pads"
- Only one (1) automobile display pad per w o linear foot of street frontage,
- Any automobile pad shall setback Ien (10) feet from the R.O.W., and contain sufficient
area for one (1) auto mobile.
Any auto mobile display pad shall be setback a maximum height of three (3) A. above
1 curb elevation.
Except for pcrmiued automobile display pads , all other landscape requirements in this
' ordinance shall apply to the required landscape buffet zone In any automobile dealership.
:~lllgilC
~ a Accessory Signs -Each business shall be allowed tither one (1) not or one (I) projecting
' sign.
- Sign Ara - Allen able sign area computed one sq. foot per linear foot of tenant space,
max 70 sq. fl. No sing shall project more than five (5) A. from the building. No accessory
sing shall h erected above the parapet level of the main building.
23
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I Canopy Signs -Each business on the premises shall be allowed two (2) canopy signs with the
' area of each sign limited to six (6) sq. ft.
a Detached Signs - Each development shall be allowed one (1) detached sign '
Sign Area - Allowable sign area computed one sq. foot per linear foot of street frontage,
ry, In a development containing less than two (2) acres the maximum allowable
sign area is seventy (70) sq. ft. The maximum allowable sign area for a
-velopment of over two (2) acres is 100 sq. R. 'flit maximum allowable height
is twelve (12) ft.
III ahway Urban Corridor Districj -The purpose of the district is to provide a superior environment
s. along it portion of I.10 and 1.510 Urban Corridors in Eastern New Orleans Ouough the application of an I
overlay district. The overlay district regulations are intended to supplement the regulations of the
{ underlying (base) zoning districts and to provide harmony and compatibility of development over a portion
of the length of the 1.10 and 1.510 Urban Comdors.
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Front 1'atd Setback - 15 ft . from R.O.W.
Landscape Suffer - 15 A , may include utility R.O.W, trees planted one per 25 linear feet of street frontage
sctcenpnit
a Parking - 36" to 54" above top curb elevation, must provide continuity, may be masonry wall
or earth berm
a Storage - Refuse storage enclosed 6 It, opaque screen with gates
a Loading Areas - Sc, mad by word, bnck, of masonry 6 ft, minimum
Lighting - No fixtures taller than 15 ft.
Interior Landseagina - Landscaped areas within the interior of the vehicular use area shall be provided
when the area is aver 5,000 sq, ft., shall occupy of vehicular area, and shall be at least 100 sq. ft. in
area. The length of an! side shall be five (5) ft. the Interior landscape areas shall have raised curbs, with an
approved tree planted at minimum of One([) tree per 100 ft. of interior landscaping.
Perimeter Landscaps$yjn - Shall count as part of the minimum eight (g) % interior landscape arcs. A
landscape perimer.r strip with a minimum width of fn a (5) ft. is required along the outer edge of a
vehicular use area
Rcat Lot Buffer Strio - Minimum depth of 5 R„ one tree pet 25 linear feel, three shrubs per tree required
N'chiculat Storage Yards -Landscape requirements in this ordinance do not apply to automobile vehicular
storage yards. llie foliowing criteria shall be used in determining compliance.
a A vehicular storage yard shall not be accessible to vehicular traffic of the general public.
I Any vehicular storage yard shall be located behind the minimum building setback fat the site.
a Any vtbiculat storage yard shall be enclosed with on opaque fence having a minimum height
of sir (6) Get. A wooden fence or masonry wall may be used to satisfy this requirement,
Within the Merit (15) foot landscape buffer, there may be located "automobile display pads"
- Only one (1) automobile display pad per 100 linear foot of street frontage
- Any automobile pad shall setback icn (10) feet from the R.O.W., and contain sufficient
area for one (1) automobile
- Any automobile display pad shall be setback a maximum height of three (3) ft. above
curb elevation
- Except forpemtitted automobile display pads, all other landscape requirements in this
ordinance shall apply to the required landscape buffer Me in any automobile dealership,
a Accessory Signs - Each business on premises shall be allowed either one fat or one
projecting sign. ,
Sign ores - Computed alone(I) square foot per linear foot of building width or individual
. tenant space along the wall on which the business has its main entrance. Max 200 sq. A. •
I No projecting sign shall extend fve fret(5) from the lace of the building,
a Canopy Signs - Each business shall be allowed two (2) canopy signs with the area of each
sign limited to eight(S) sq, ft.
a Detached - Each building shall be allowed one (1) detached sign.
24
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a Sign area - For a development containing less than two (2) acres the allowable area for
each face of a double face sign shall be computed at one (1) sq. ft. per linear ft. of stmt f
frontage, or 70 sq. 11. whichever is less. Max. Height shall be thirty-five (35) ft.
Carlsbad, New Mexico '
El Camino Real Corridor
Highway 78 to Chestnut Ave. - The area contains a predominance of commercial and office uses because
of topography and existing development patterns. Views from the roadway are generally narrow due to the
predominance of up dope area.
Scibac - 15 n from R O. W, if up slope additional 15 ft setback i'
Development Ouldetinas
a Design Theme - Old Hispanic
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at major intersections
Median Breaks
6 Median Breaks
Only ,
• Signs -Wall signs only; wood; externally lighted
• Building Height - Max 3$ fl. from pad grade
A
t 3 Cunfresh Rose to OBvenhdn Rd. 13.1 mllml- In addition to being the longest section of El Camino Real
Corridor, this portion contains the most diverse land uses and expansive views. The area Is dominated by
La Costs development, which includes various residential, commercial, office, and visitor serving land
uses, The topography offers views of various hills and valley. + a
- Up slope minimum 40 ft. from R.O.W.; down slope minimum 45 &1 at grade minimum 30 ft.
Dsveloomeat Ouiddines , ;
a Design Theme - Old California Hispanic
• Median Breaks- Major Intersections, possible adjustments as needed
a Signs - Free standing monument, not to exceed 7 fl. abeve street grade and 12 ft. long; wood
one tucco only
a BI. Iding Height- Max. 35 nt. fron pad grade
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Agenda No _ ZY Q~ I
Agenda it t
AGENDA INFORMATION SHEET Date
AGENDA DATE: April 28th, 1998
DEPARTMENT: Planning & Development
CMIDCM/ACM: Rick Svehla rS
SUBJECT
Receive a prcsentation, hold a discussion, and provide instructions to staff regarding the public review
schedule for the Alternative Development Scenarios, which have been prepared to allow community
examination,if city growth management options.
BACKGROUND
The Denton Plan Process includes a stage in the process devoted to forecasts of population growth and
land use demand. This stage also entails an evaluation of the fiscal impacts that would be envisioned in
providing public services to new residents and previously undeveloped land.
RUST Environment and Infrastructure is the lead firm, and is handling the preparation and presentation of
the growth forecasts. The first presentation to City Council was made at the March 10, 1998 N" ork
Session, which evaluated future growth prospects and influences for the city as a whole. A second
presentation was madY in April 10. 1998 to provide insight into future "sub-area" ,growth, breaking the
city into smaller statistical
T he forecasting task is substantially complete, although work continues to complete the final report. On
April 28'h, 1998, the focus of the work session presentation and discussion will shift from population
forecasting to population and development distribution. Issues of interest Include growth patterns,
population density, land use demand, and development timing, Representatives or HOK, a Dallas
planning and design firm, will unveil four "Alternative Development Scenarios"-(1)
CORRIDORS, (2) URBAN CENTERS, (3) NEIGHBORHOOD CENTERS, and (4) COMPACT
GROWTIL These scenarios will be explained to detail by the consultants. They describe potential
" growth management options that are commonly employed by cities throughout the United States.
Copies of the Allcmative Development Scenario summary maps and explanatory matrix (Exhibit H l) will
be hand-delivered on Slonday, April 27'h.
Emijile Meeting Schedule
Upon examination and approval of release by Council members, staff is prepared to conduct a series of
pub is meetings to allow members of the community to review the Alternative Development Scenarios,
• slate their preferences (and criticisms). The schedule of meetings is as follows; 0 0
Thursday, Slay 7'h 6:00 p.m. Sam Houston Elementary Cafeteria
Thursday, May 146:00 p.m. Wilson Elementary Cafcleris
Wednesday, May 20'" 6:00 p.m, Rayzor Elementary Cafeteria
Thursday, May 28'^ 6:00 p.m. Borman Elementary Cafeteria
Thursday, June 7'x 6:00 p,m, City Council Work Session Room, City Hall
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Survey sheets will be prepared that can be filled out by attendees before leaving the meetings. Staff is
also working to prepare a brief audio-visual tape of the consultant presentation, explaining in brief fashion
each of the scenarios. The tape will be available for broadcast on the public access channel, and will be
used at the public meetings.
STAFF RESEARCH: "BALANCE OF LAND USES"
As growth management options are explored, City Council members have asked staff to provide
information regarding land uses, population density for single family versus multi-family residential
development, and the mix of land uses that would promote a healthy, diverse tax base. Some of this
research is available for discussion. Fallow-up research will be conducted by staff as requested by
Council members.
Several statistical tables (Exhibit 42) have been prepared for review and discussion. In viewing the
statistical tables, the population forecasts, and the alternative development scenarios, staff ,:as made the
following conclusions:
I
1. Sufficient vacant land is available within city limits to accommodate growth beyond the year
2020. NCTCOG data estimates indicate that more than 60% (32 of 53 square miles) of the
land within city limits is undeveloped.
2, The "balance of land uses" currently exhibited by the City of Denton correlate fairly closely to
the national survey data collected by the American Planning Association (see PAS Memo,
Exhibit #3). There is no ratio of land uses generally considered to be optimal for city health.
3. Adequate land zoned for a diverse array of land uses is available, with the exception of Heavy
Industrial, The distribution of current zoning is roughly proportional to the distribution or
current developed land uses, taking into account the necessity of public dedication when raw
land is developed, The only zoning category that maybe less available as compared to historic
development patterns is multifamily (91/10 of developed land, but only 7.5%of all city zoning).
4. 'f he relative share of property tax base support by land use category is provided in Tables 5
and G. Additional revenue provided through sales tax revenue is not reflected in these tables.
i
3, The ratio of singlc family homes to multi-family (and other) dwelling units is currently
• estimated to be 47,31 ,16 SF / 52.7% MF• Current densities are estimated to be 2.7 SF homes per
acre, and 14 2 MP dwelling units per acre, on average, Developed SF properties occupy 5,504
acres (sno of developed residential land), while MF properties occup; 1,175 acres (I M/0 of
developed residcntial property). Assuming an occupancy rate of 2.8 persons per SF unit, and
1.8 persons per MF unit, the estimated total population living in single family homcp is
42,036; the multifamily population is 30,105, Please be aware that 1990 Census data shows
that more than I Vlo of the city's population lived in group guarrera (nursing homes, coolege
• dorms, correctional facilities, etc.), T he group quarters statistics are included within the multi- O •
family residential figures in the tables provided with this memo.
6. The supply and lucation of vacant land zoned suitably for different land uses will not
correspond to the timing, location, and type of ?and use demand caused by market forces. As
indicated in forecasting information, southern areas of Denton's city limits and ET) will
2
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experience a dispropottionete share of the growth pressure. Property within the ETl is not
included in the statistics in Exhibit #2, and could change the size of the city and its land use
ratios significantly, particularly extending both east and west from the 1-35W corridor.
ESTIMATED SCHEDULE OF PROJECT
The project schedule includes four major components:
NIA Forecasts City Council Work Session: March 24`',1998
41B "Sub-Area" Forecasts City Council Work Session: April 140,1998
#2 Alternative Development Scenarios City Council Work Session: April 28t4, 1998
#3 Public Review & Comment May 1998 Public Meetings
44 Preferred Development Scenario City Council Work Session August 11'", 1998
PRIOR ACTION/REVIE W
The Denton City Council instructed staff to develop a schedule to integrate The Denton Plan with the
implementation of devebpment impact fees. The Department of Planning and Development and the
Department of Waier(Wustewater have been working since November 1997 to prepare Requ^sts for
Proposals, review consultant proposals, and select consultant learns to coordinate all necessary activities.
Two firms, RUST Environment & Infrastructure (RUST), and Hellmuth, Obala+ Kessabaum, Inc.
(HOK), were selected as the consultant team for the project. The RUST 1 HOK contract for this project
was approved by City Council on February 17i4, 1998,
The scope of services for forecasting and land use planning consultant services is intended to assist
community decision-making with respect to future growth by accomplishing the following tasks:
L Determine the City's build-out capacity
2, Forecast population growth
3. Forecast land use demand for different density patterns
4. Prepare alternative development scenarios
5. Allow time for public review and comment on scenarios
6. Prepare preferred development scenario for comprehensive plan guidance
FISCAL I,'VFORHATION
The consultant scope of work for the forecasting (RUST) and alternative development scenarios work
(HOK) contains fees for services not to exceed $224,642, Project funding will be furnished by the
• General Fund, through reimbursement of the Utility Fund,
I
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EXIIIBITS
Exhibit #L Altemative Development Scenarios - Summary Maps (to be hand-delivered on April 271h)
Exhibit 42: "Balance of Land Wei" Table
Table 1: Distribution of Zoning Within City Limits
Table 2: Proportion of Land Uses Estimated by NCTCOO
Table 3: Land Use "Balance" & Zoning Comparisons
Table 4: Land Use Comparison - City Of Denton utd Other Texas Cities (HOK, 3 pages)
Table 5: 1997 Appraised Valuation
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Table 6: Comparison of Apprais A Value vs. Lm.3 Ltae , ' s,
a4 ti; Table 7: Selected Residential Land Use & Occupancy Characteristics
Table 8: City of Denton Demographic Statistics 1960.1998
Exhibit #3: Planning Advisory Service Memo, American Planning Association, August 1992,
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Respectfully Submitted,
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D M. Hill
Director of Planning and Development
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EXHIBIT #2, TABLE 1
City of Denton
Distribution of Zoning Within City Limits
April 1998
ZONING CLASSIFICATION ACREAGE SQ. MILES PD ZONING ZONING + PD'S SQ. MILES
Agricultural A 14,172,8 22.15 4.1 14.1769 22.15 39,7%
Single-Family 18 [SF-161 1,076.1 118 41,2 1,1115 115 3,1%
Single-Famil 13 (SF•13 7.6 0.01 25.3 33.1 0.05 01%
Singlu-Family 10 SF-10 2,039,2 3,19 385.3 2,424,5 3.79 6.8%
Sin le-Fami1 7 SF-1 3,5749 5,59 1,0515 4,628.4 7.23 130%
Zero lol line 0,0 0.00 204.8 204.8 0 32 0.6%
Two Family 2F 239.8 +0,37 122.6 362.4 0.57 1.0%
Manufactured Homes 00 0.00 1.2 1.2 0,00 00%
SF RESIDENTIAL SUBTOTAL 21,110.6 32,10 1,138.0 22,048.0 35.86 841%
_ Mulll-FamUyR IMF-R] 441 0.01 261.7 3120 0.49 09%
Multi-Famlli 2 Mi•2 784,3 123 4060 1,190,3 1,86 3.3%
Mult'•Famil 1 Mf•1 7871 1.20 4070 1,174.8 1.84 3.3% s
MF RESIDENTIAL SUBTOTAL 1,526.4 2.49 1,080.7 2,471.1 4A1 7.6%
. ALL RESIDENTIAL SUBTOTAL 22,107.0 35.48 291°.7 28,6251 40.04 71.6%
Commercial [C] 1,543.4 2 41 1,481.6 3,005.0 410 8.4%
ORicr 10] 156.1 0,24 210.1 368.2 0,57 1.0%
Generat Natall [OR] 424.4 0.66 3661 8041 1.26 2,3%
NelghbohoodSeNce NS 14,9 012 32.8 4717 0.01 0.1%
Pa&nq 1P} 8,7 0.01 6.1 0.01 0.0%
Llght Industrat IL9 4,443.7 6.94 508,3 4,9520 7.14 13.9%
Hea Indust al H 116,5 0.18 24.1 140.9 0,22 0.4%
NONRESIDENTIAL SUBTOTAL 4,108.? 10.48 2,8171 1,323.0 14.17 28,1%
PLANNED DEVELOPMENTS PD 4,2556 9.77 2400 240.9 0.31
a+'1 OOV'T l INSTITUTIONAL 0.0 0.00 416.7 476.7 0.76 11%
TOTAL 36 688.3 66173 62566 35 66813 66173 100.0°/9
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EXHIBIT #2, TABLE 2
City of Denton
Proportion of Land Uses Estimated by NCTCOG
1997
NCTCOG LAND USE ESTIMATES 1997
Land Use Classlficatlon Acreage Square Mile %of Total
TOTAL 34,002 63.13 100.0%
VACANT 20,944 32.73 61.60/
DEVELOPED 13,058 20.40 38.40/
% Dev. Land
Single Family Residential 6,621 8.63 42.3%
• Multi-Family & Other 10178 1.84 9.0°/
Commercial 1,235 1.93 9.5°/
Industrial 11187 1.82 8.9°/ }
Gov't Institutional 39960 6 119 30.3
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EXHIBIT #2, TABLE 3
City of Denton
Land Use "Balance" & Zoning Comparisons
April 1998
LAND USE CATEGORY 1997 NCTCOO LAND USE ESTIMATES APA SURVEY DATA 1999 CITY ZONING DISTRIBUTION
Acna o square MilesW-r-0181 1;)3 1992 Acne a a areMllaa %*(Total
TOTAL 34,002 5313 100. 35,588 55,73 loo,
VACANT 201944 32.73 Bill% WA *OA WA
DEVELOPED 13,058 20.40 36.4% WA MA WA
%Dar, Land
Single Family Residential 5,521 5.83 X42.3% 39.0X. 36.0 22,949 35 da ' u 1It
Multi•FamG, & Other 1,175 1.94 9.0% 9 2,677 i.u bX
Commercial 1,235 1.93 9b4i p 0 4,235 Bel
Industrial 1,187 1.e2 °,~'99li 13A .-AR 5,093
c
Public I Institutional I Gov't 3,980 8.19 30.3% 31 479 0.75
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LAND USE COMPARISON - CITY OF DENTON AND OTHER TEXAS CITIES EXHIBIT 02, TABLE 4 r,
ACRES
0
1 W V
o r c
v A a
=24
W e
s
C r
CITY .1 -
Stud Area;
Denton 340(, 2 20818 6 126 13058 5504 547 628 1167 1235 1062 1838 1060 17
Bedroom
Communities:
Co ell 9412 5031 70 4311 2561 56 40 272 133 537 302 266 144
Colle ills 8403 3478 28 4898 3917 13 2 73 186 185 4 85 433
Southlake 13964 8262 183 5520 3644 0 67 312 157 171 220 421 528
Self-Supporting
Communities;
Irving _ 43544 13525 615 29406 9728 2001 213 2462 2946 1615 7484 2142 815
Piano 42513 17072 i4 25428 15162 898 76 939 2850 1049 11& 9 2582 593
Richardson 18045 3594 0 14452 7541 355 22 1146 1473 1168 611 1389 747
0 College Towns: _
Huntsville 19548 10000 N/A 7283 5 2256 3 NIA N/A 30 534 2675 1073(4) 715(4) _t1L'A
San Marcos 11212 2952 See(2 8261 1302 393 165, 432, 597, 2777 1637 758 NIA
(1) Includes all property classified as other than vacant and ;.Ater (except for Htrntsville and San Marcos - acreage for
water was not available),
(2) Water Is included in the dedicated category.
(3) includes all residential uses - data not available by subcategories,
(4) These acreages are from the 1981 Comprehensive Plan Document • all other acreage's are current estimates.
(5) The use of approximately 2,265 acres could not be identified,
(6) Approximately 1781 acres of vacant land lie within the 100 Year Flood Plain and floodway areas.
NIA - Data not available.
Sources; North Central Texas Council of Governments (Updated February 27, 1998), City of Huntsville
and City of San Marcos g,
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i
LAND USE COMPARISON - CITY OF DENTON AND OTHER TEXAS CITIES
PERCENT OF TOTAL ACREAGE BY USE
C
R o
S
CITY ° 19 ° c v s .1 ° j
Stud Area:
Denton 34,002 61.2%(4) 0.4% 38.4% 16.2% 1.9% 3.4% 3.6% 3.1% 5.4% 3.1% 0.1°/0 1
Bedroom
Communities:
Co ell 9,412 53.5% 0.7% 45.8% 27.2% 0.6°io 0.45/6 2.9% 1.40/0 5.7% 3.2% 2.8% 1.5%
Colle Illc 8,403 41.4% 0.3% 58.3% 46,6% 0.2% 0.0% 0.9% 2.2% 2.2% 0.1% 1.0% 5.2%
Southlake 13,964 59.2% 1.3% 39.6% 26A% 0.0% 0.5% 1,1% 1.2% 1,6% 3.0% 3.8%
Self-Supporting
Communities:
Irvin 43,544 31.1% 1.4% 67,5°/0 22,3% 4.6% 0.5°l0 5,7% 6.8% 3.7% 17.2% 4.9% 1.9%
Plano 42,513 40.2% 0,0% 59.8% 35.7% 2.1% 0.2% 2.2% 6.7% 2.50% 3.0°0 6.1% 1.4%
• Richardson 18,045 19.9% 0.0% 80.1% 41,8°10 2A% 0.1% 6.40/6 8.20/9 6.50/6 3,4% 7.7% 4.1%
College Towns:
Huntsville 19548 51.2% N/A 37.3%(3)1 11 r5°'o WA N/A 0.2% 2.70/611_1-77% 5.5% 3.7% WA
San Marcos 11212 263% See (2 73.7% 13.4% 3.50/.1.50/a 3.90% 5,3% 24.6% 14.6% 6.8% N!A
(1) Includes all property classified as other than vacant and water (except for Huntsville and San Marcos - acreage for •
water was not available).
(2) Water is included in the dedicated category,
(3) The use of approximately 11.5°/° of the total acreage could not be identified.
(4) Approximately 8.5% of the vacant property lies within the 100 Floodplain and Floodway,
N/A - Data not available.
Sources: North Central Texas Council of Governments (Updated February 27, 1998), City of
Huntsville and City of San Marcos
9.
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in
LAND USE COMPARISON - CITY OF DENTON AND OTHER TEXAS CITIES
PERCENTAGES
PERCENT OF DEVELOPED PROPERTY BY USE
r
C
F.
2
U. .0 a m ' a
Q m tL 3 2
05 C
CITY
c V a
Study Area•
Denton 34,002 61,2%4 0.4% 38.4% 42.2% 4.2% 4.8% 8.9°e 9.50/6 8.1% 14.1% 81% 0.13/6
Bedroom
Communities:
Co ell 9,412 53.51y0 0.7% 45.8% 59.4% 1.3% 0.9% 6.3% 11% 12.5% 7.0% 61% 3.3%
Colle ills 8,403 41,4% 0.3% 58.3% 80,0% 0.3% 0.0% 1,5% 3.8% 3.8% 0.11% 1.7% 8.8%
Soutnlake 13,964 59.2% 1.30% 39.5% 66.0% 0.0% 1.2% 5.7% 2.8% 3.1% 4.0% 7.6% 9.6%
Self-Supporting
Communities:
43,544 31.1% 1.4% 67.511e 33,1 110 6.8% 01% 8.4% 10.0% 5.5% 25.5% 7.3% 2.8%
uv ng
~ Plano 42,513 40.2''/0 0.0% 59.8% 591% 3.5^.0 0.3% 3.7°io 11.2% 4.1% 5.0% 10.2% 2.3%
Richardson 18,045 19.9% OA% 80,1% 52.2% 2.5% 0.2% 7,9% 10.2% 8.1% 4.2% 9.60/6 5.2% I
Colle a Towns:
Huntsville _ 19548 51.2% N/A 37.3%(3) 31.0%, N/A NIA 0.4% 7.3% 36.7% 14.7% 9,8% N/A
San Marcos 1121226.3% See (2) 73.7% 18.2% 4.8% 2.0% 5,2% 7.2% 33.6% 19.8% 9.2% NIA
• (1) Includes all property classified as other than vacant and water (except for Huntsville and San Marcos • acreage for
water was not available),
(2) Water is included in the dedicated category.
(3) The use of approximately 11.5% of the total acreage could not be identified.
(4) Approximately 8.5% of the vacant property lies within the 100 Floodplain and Floodway.
N/A r Data not available.
Sources: North Central Texas Council of Governments (Updated February 27, 1998), City of
Huntsville and City of San Marcos 10.
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EXHIBIT #2: TABLE 5
1997 Appraised Valuation
[FROM DENTON COUNTY APPRAISAL DISTRICT DATA
J ppraised Percent Percent of
alue of All Developed
Real Real
$Million) Property Property
Real PrR~r Undeveloped _
Vacant, Platted 48.79 2.3%
Acrea a 102.55 4.7%
Farm & Ranch _ 10.13 0.5%
TOTAL Undeveloped Real Pmnartv 161.47 7.5°A
Real PrLopgq Developed
SF Residential 1,135.05 52.5% 56.7
_ MF Residential 230.84 100/6 11.5
Commercial & Industrial 451.72 20.9% 22.6
Utilities 63.49 2.9% 3.2
• ExemEt_ _ 120.17 5.6% 6.0
TOTAL Developed Real Pro 2.001.07 92.5% 100
TOTAL REAL PROPERTY 2182.34 100%
Personal Pro arty
• Business 382.23
Other 28.31 •
TOTAL PERSONAL PROPERTY 410.54
TOTAL TAX ROLL MARKET VALUE _ 2573.07
11.
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ARMS=
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EXHIBIT #2; TABLE 6
i
i
COMPARISON OF APPRAISED VALUE VS. LAND USE
Percentage of Percentage of
Property Description Appraised Value Land Area
_ All Real Property) All Real Pro
Real Property: Undeveloped _
Vacant, Platted 2.3% -
Acrea a 41% 61.6%
_Farm & Ranch 0.5%
TotaL• Undeveloped Real Pro e _ 7.5%
Real Property: Developed _
1 _ Single Family Residential 52.5% 16.2%
__Multi•Farril Residential _ 10.5% 03.5%_
Commercial & Industrial 20.9% 07.1%
Utilities 02.9% 11.6%
- Exempt 05.6%
Total Developed Real- 92.5% 38.4%
Property_
• TOTAL REAL PROPERTY 100.0% 100.0%
12.
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5
EXHIBIT #2, TABLE 7
City of Denton
Selected Residential Land Use & Occupancy Characteristics
April 1998
Characteristic Single Family % of Multi-Family % of Total
Homes Total Dwelling Units Total
Number of Dwelling Units 15,013 47.3% 16,725 52.7% 31,738
A Land Occupied (Acres) 5,504 82.4% 1,175 17.6% 6,879
Average Unit Density per Acre 2.73 14.23 4.75
Average Occupants per Unit 2.8 1.8 2.3
Total Occupants 42,036 58.3% 30,105141.7%1 72,141
l
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EXHIB IT N2 TABLE 6
City of Denton Demographic Statistics 1980.1998
Year Population Parent School Percent Unemployment Via In Acres Slse In Scl Mlles
Incresse o Emollmant Increase School Rate As of Jan•1 As of Jan-1
1960 26,844 NIA NIA NIA 5952 9.30 s
'P970 39,874 32.678 NIA WA NIA 18217.22 28.48
1980 49,063 17.038 NIA NIA NIA 21633:53 33.80
1968 85823 26,759 10180 6,2 33185.14 51.85
1989 68,011 0.588 10,276 0:925 7.5 3328019 52.00
1990 66,270 0.391 10 696 3.938 5.4 3355019 52.42
1991 68,470 _ 0.301 10,960 2.409 _ 1.5 33550.29 52.42
1992 66,902 0.640 '11,233 2:430 7.1 34917.29 54.58
1993 61422 0174 11850 3.579 61 34940.35 54.59
1994 68,650 1.189 11,600 1.271 8 34967.45 54.64
1995 69,560 1.294 12,100 2.479 4.9 35041.14 64.76
1998 70,450 1.276 12,512 3.293 3.5 35246.64 55.07
1997 71,450 1.400 12 777 2.014 3.5 35435.33 5517
I" 1998 73,050 2.190 NU NA MA 35153.51 65.83
. Popuretlon F Ourae tot INN, 1970. MO. 1990r U.S. Bureau of Census
PoptOsOm Flpures br other year Na* WOW terms Counea of oovemmeMm
c
4
Demographic Qulckls.xIs 4!24!98
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EXHIBIT #3 ,
AUGUST 1992
PAS 0 AMERICAN
ASSGCIATION
A iLANNING
Mem-
r~~. H'1 Sn 4
11 t a ~ ~twtdeotlaf S7s lleetdnirdtd ~Oi ;u, ~ Adde1W~
0lirmfee1013~r COtmierri013% 10%
•rx !~t1 r I C09001etYlei lO~ zt7, . Ind 6% - ( ~,dT. M ladtilhial tlsE l t 5~ ti ~ r ~ •"'t~\
vF t" a 19tlppr{917''k y'i lfw_` • y'.,~s~"p+. 10',F
~ ' Palrik UM 9m ',I r i ~~~~1~. M T y
and land-use reap will have the most insight into what forces
Bringing Land-Use brought the city to its current form and where it may be
Ratios Into the '90s heading in the future.
Land-use ratios are most useful to planners and developers
By Christopher Harris invoked in comprehensive planning and long-range
dclclopment, because then data are necessary in determining
Every municipality is resporimbte for guiding future growth. what mix of land uses should be encouraged in future
The challenge is creating an appropriate mix of residential, decades. Also. developer building neutraditional towns. I~
commercial, industrial, and public uses in the community'. planned communities, and large-scale mixed-use
One pit otnl factor in this process is a solid understanding or developments on vacant land find ratios from other
the current patlcrn of land uses within municipal boundaries. communities to be a good basis for land-use allocation.
Knowing what uses exist and what services are needed to It is interesting to note that the ratios from the plam,ed
pro%idc for (hose uses can determine the type and location community of Columbia, Slaryland, which was budt in the
of desclopment that a municipality should plan for. early 1960x, nearly match all of the ratioa%crages from the
This PAS Mina summarizes a 1992 survey of 199? survey.
land use raios in 66 municipalities, The American
Planning Association undertook this study in response to the Current Data Are Important
arge numlx•r of requests that the Planning Ads 1sory Service Welopment patterns change over time- even within a
received for an update to a 1983 study. Part o' this demand is decade-and land-use ratios need to be :pdated to reflect
drisen by the growing number of states thus are mandating those changes accurately. This study will serve as w update
cities and counties to do cumprehen%ive planning. These to w%eral surveys of land-use ratios done in preceding
mandated plans must include an inventory of existing land decades,
uses. The first m9jor study was done by Harland Bartholomew
Even in cities w here planning is not required, there has and lack Wood in 1915. They sur'eycd ratios over a 20-year
been a significant number of comprehensive plan updates span and published their results In land User In Americon
in the Iasi few years, Some of these communities may be Cirie.s Those ratios were used in a large number or the
redoing their plan for the first time since the 701 era of federally funded 701 comprehensise plans.
ptonning in the 1950% and 1960s. Land-use trends and A second study, by Eisnerand Associates, examined c:+tio%
settlement patterns huse changed sig.,ificantly since that compiled between 1939 and 1981, The usefulness of this data
time, causing noticeable changes in the land-use mix for comprchensise planning purposes is compromised by the
and a need fur updated ratios, fact that the researchers analyzed ratios over a 46-year soar.
Too many development trends altered land-use ratios user
11 ho 11ses Lend-Vse Ratios? that period. Eisner'% ranges include both pre- and post-World r
. Land-use ratios refer to the breukdow n of various categories War 11 residential seidemenl patterns. which are vastly
of land is a percentage of the lolal amount of land in a different.
community Ater a land-use survey, the results are mapped Yet another survey of 22 large American cities was done
or entered into a computer and total land acreage for each in 1973, The results of that study were printed in Urban Laird
category is (allied. Puliritt rind land-nsr Cnnrrul Measures (Vol, VI, Northern
Because the ratios are derived from acreage totals, America).
they do not represent the spatial patterns of cities Spatial Finally, the most recent comprehensive look at these ratios
arrangements of land t %o typically are portrayed on it land- was a 1983 survey by Gregory Longhini and Mike Sutton.
use map, Planners who understand both their land-use ratios published by the APA, it quantified land-use ratios from
15. 1I 'f
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1
46 large and 22 small cities (See PAS Memo, May 1983). Transportation and utilities is the last public use
Most of the land-use ratios in that survey were compiled distinction. This includes rights-of-way, streets, alleys,
between 1978 and 1982. airports, rail, transportation terminals, communication towers,
pump stations, power stations, water facilities, and other
Methodology similar uses.
Approximately onethird of the information presented here Although the categories in this study were selected to
was discovered by reviewing many recent comprehensive reduce discrepancies. the task of fitting each city's land-use
plans in the APA library, Most of the data for small cities ratios into these two tables was still extremely difficult,
was collected this way. The other two-thirds of the data. To repeat: these arc only generalizations,
particularly for large cities, were collected through telephone Unfortunately, the manipulation needed to reorganize I`
interviews, some of the cities' ratios has weakened the results slightly.
Selection of cities for the study was based on ! he For example, a small percentage of the communities did not
variables: date of their land-use survey and their geographic calculate the acreage of streets and rights-of-way. Sometimes
location. Although some of the ratios used date back seven transportation is completely Ignored and other times only
)ran, the majority of the data were collected since 1989. utilities, bus lenninals, airports, and the like are calculated is
Almost every region in the country is represented the only transportation uses. In these cases, this category's
[.and-use ratios are calculated as a percentage of the ratio is typically less than five percent.
developed land within eommunifies. Therefore, agricultural Other inconsistencies arise because specific uses an
and vacant lands were not figured in. This results in a more handled very differently among communities, according to
accurate representation of the breakdown of land uses in different rationales. For example, a recreational facility, such
the urbanized portion of each city, as a miniature golf course or a driving range, is certainly a
One problem with the data is that nearly every city recreational use. But, by some definitions, it is also &
responded with different land-use categories. Tucson, commercial use; after all, it is earning a profit. Although
Arizona, breaks its developed land into 21 categories. the definition of recreational uses in this study includes
Baltimore responded with only five categories. For this study, for-profit uses, some cities include these uses in the
the data have been reorganised into four land-use categories: commercial category. Some cities consider railroads to
residential, commercial, industrial, and public uses. Public be a transportation use, a does this study, while others
uses are further broken into three subcategori es: parks and consider them an industrial use.
recreation, in,titutional, and transportation and utilities. Mixrd-use developments create yet another problem.
Umiting the categories was necessary to reduce the for the purposes of this study. these percentages are figured
discrepancies between uses as defined by each city and into whichever use dominates the development, particularly G
to make comparisons with APA's 1983 study possible. commercial, residential, or industrial. For example, small
structures, such as an tpartmenl over a retail shop, will moll
[Wails of Each Category likely be categorized according to the use occupying the
The residential category includes single-family detached ground level-that is, commercial
units, two. or more family attached units, apartments, (though mixed-use developments are not included as a
condominiums, and mobile homes. Noted in the table is category in this study, more cities an beginning to Include
single-family detached housing as a percentage of the entire them in their ratios. Tampa, Florida: Bellevue, Washington:
developed city. and Frisco, Colorado, responded to this survey with mixed-
The commercial category includes all types of trade and use ratios. In two of the three cases, the percentages were
services. The retail portion includes strip malls, small. and minuscule. Tampa, Florida, has multiple mixed-use
large-scale shopping centers, and wholesaling outlets. Also categories, such as suburban mixed-use, which coven
included ere office buildings and business parks that have 13 percent or the total developed la,ld.
financial or administrative functions. Other general The process of recalculating data to serve the purpose
commercial uses are restaurants, grocery stores, and repair or this study Is the last major methodological problem,
businesses. A majority of the ratios for each city had to be recalculated In
The indi strial category includes both heavy and light order to eliminate the percentages of land that Is either
industry, T''mse uses art characterised as construction, vacant. agricultural, or nonimproved open space such as
manufa o,ong, warehousing and distribution, resource forest land. This, combined with rounding the ratios. Is the
exirar.,m, and, in some instances, high technology research, reason some of the totals do not equal 100 percent,
The public-use category is the cumulative percentage of
Institutional uses, parks and recreation. and transportation and Residential Uses
utility facilities. Institutional uses are those owned by the Since the first study of land-use ratios in 1933, residential
local, state, or federal ymemment, such as schools, hospitals, uses have occupied the most land id wrAl and large cities.
and police and fire stations. Churches, synagogues, and In 1953, 40 percent and 42 percent of the land in central
t1 fraternal organizations, which are quasi-public facilities, and satellite cities, respectively, was used for residential p
also are included in the institutional category. parposes. In the 1973 study of large cities, 40 percent of land
t, The second public use category is Parks :.ad recreation, was residential. The boom in suburban growth in the 1950s
U comprising private or publicly owned areas used by citizens and 1960s increased these percentages significantly. The
in the community. A public area could be a municipal golf effects were evident In the 1983 study, where residential laid
course; a privately owned area might be an amusement park. increased to 48 percent of a city's devel ,pad land for bah
large and small cities. The residential densities In loge
Chrisu,pher Hanle 14 an APA rx,tarah a,+aisle, westem Cnle% are typically lower than large eastem cities.
2 16.
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Elsner & Associates Studies, 1939-1985 two different ways: number of families per unit (e.g. single-
family and multifamily) or the number of units per acre.
Use Range of Percentages As expected, single-family housing is by far the largest
Residential 35-399( Portion of any city's housing stock. This type consumes an
average of 73 percent of the total housing stock in the 12
Commercial 4.8-5 cities for which this information was available. The averages
Industrial 10-11 for multifamily and mobile homes are l4 percent and 3
percent, respectively. The data range for multifamily housing
Streets 20-26 was from 8 percent to 41 percent of land used for housing.
Open Space, Schools, Parks 10-18 The range for mobile homes was much smaller: one-half
of I percent to 7 percent.
For example the residential ratio in Long Beach, California, is Commercial Uses
79 percent, In Pittsburgh, it is only 28 percent, according to Since the 1950s and 1960s, commercial uses, which include
the 1983 survey. office and retail, have occupied an increasing amount of
Suburban sprawl also explains the residential ratio increase acreage in both large and small cities. The land-use ratios in
in small towns from 42 percent in 1955 to 52 percent in 1992. 1955 were 3.32 percent for the central cities and 2.54 percent
An Increased level of automobile ownership led to the for the satellite cities. By 1992, these averages increased
creation of the bedroom community. Employment, culture, significantly, to 10 percent.
and goods and services were not necessarily needed in these The biggest factor In this large pet ntage increase is t
communities as long as the nearby major city offered them. parking. Parking has become a major regulatory concern
Therefore, residential uses predominate the developed land. over the last few decades, as both large and small cities
These high ratios of residential land should begin have become dominated by cars. An entire parking lot is 11
to decline due to a combination of many economic, considered a commercial use. Many uses require perking
demographic, and regulatory trends that are decreasing that effectively doubles the acreage of commercial land,
demand for single-family detached homes. The 20-percent- Unlike in large cities, where suburban office migration has
down conventional mortgage is no longer affordable for the caused commercial land-use ratios Ir plateau at l0 percent,
average U.S. household. According to US. Housing Markers this ratio continues to climb in smalTe cities. The Land Use
(January 29, 1990), a household needs an average down Institute estimated in 1986 that 57.31 ercent of the country's
payment of 28 percent. The cost of the average home from total office market was located outsid ! major downtowns
1988 to 1990 increased 8.4 percent, or $1 1,000, while the This was an increase of nearly 10 pernnl from 1981. Heigh)
average income of a household has Increased only 4.8 restrictions and a strong bias toward low tensity development
percent. exist in these areas, so buildings cover more acres.
Quickly rising land cost is another major factor Also contributing to the higher commercial ratio is o:
contributing to the inconsistency between housing cost and rise of average square footage allowed per office worker,
income:, according to an crticle in Budding Sciences according to a 1991 Price Waterhouse Study. Between 1942 I
1 Nose nber 1987), Land costs are now one-quaver of the cost and 1979, the average work space increased from t l0 square
of a s ngle-family home. Thirty years ago, that figure was feet to 199 square feel. In 1988, only nine years later, that
only 10 percent. average had crept up to 342 square feet.
Demographic changes are reducing demand for single. Currently, trends between office and retail development
family homes as well Co iples are purchasing houses at differ greatly. The c:)nsiruction of office buildings has
in older age and having fewer children. Builder magazine decreased considerably in most cities since the late 1980s
reported in January 1992 that the percentage of home buyers due to high vacancy rates, But according so Real Enare
who are first-time buyers has dropped significantly from 47.7 Perspectives magazine, retail overbuilding continued at a rate
percent to 34 S percent in 1990. Furthermore. the 1990 nearly double its obsospnion rate well Into the recession in
r Census Indicates thus household sire declined from 333 1990. The common types of retail development-strip centers
persons In 1960 to 2.62 persons in 1999. Ultimately, thin and regional malls-consume Jorge amounts of land. Given
means less space will be required for each family. In fact. that these development styles are being used in small and
suneys conducted recently by the National Apartment large cities alike, the commercial ratios in both sizes of cities
A%uxiaiion have noted an Increase in apartment living4 can be expected to Increase. It
Zoning trends have become an issue as well. Recent
em irunmemal protection regulations encourage development Industrial Districts
patterns such as cluster and planned unit dcvelopmcnls. Also. In largt cities, the amount of land used by industrial firms
courts are ruling against five-acre estate lot sires and other peaked in the late 1970s or early 19801, and has recently been
l.irge minimum lut size zoning w hen the effect is to exclude declining. In 1955, thc.,:oagt Industrial land use ratio was
certain income groups. 6.4 percent The 1983 survey indicated an industrial land-use to ~
ratio of 12 percent, while this current study shows a ratio
Breakdown by Housing Type of only 10.5 percent. In small cities and suburban areas,
ygl Although this study provides general land-use ratio the industrial land-use ratio has remained within a third
percentages for residential land as a whole, Borne of a percentage point since 1955, or around 7.5 percent.
communities may be interests d in the housing stock The trend most affecting Industrial land allocation Is the
breakdow n within the resident'al category. Cities that offer country's economic shift from manufacturing and other heavy
hreukdow ns within the rest 'emial category tended to do it in Industry to a service Industry. This may be causing whet
17. 3
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Coldwell Banter identified in 1990 as the highest ever developed land. In El Paso, Texas, the percentage is 17
national vacancy rate (6.9 Percent) of industrial buildings percent, ti Paso is a county seat and therefore mustoffer
larger than 100,000 square feet. the entire spectrum of institutional uses to the region.
This shift has led to the conversion of many industrial
buildings into residential loft or commercial office space. Transportation and Utility UPes
thus decreasing the industrial ratio. Transportation and utility uses have consistently covered the
Differentiating between industrial and commercial uses second highest amount of acreage in a city since these data
has also become more difficult. For example, many light were recorded, As evident from the data set. many cities do
manufacturers also have sen ice centers, show rooms, and not include streets and rights-of-w'ay in their acreage. Theca
warehouses on the premises, Therefore, when ratios are cities therefore have disproportionately low transportation
calculated. they are categorised as heavy commercial uses, lundase ratios. Because of this discrepancy. averages for
not industrial uses. this category ' are not listed.
As the ratios from the three studies Show, economic The amount of land devoted to rights-of-m 'a) increases
restructuring has not affected the land-use ratios in suburban ax acity's single-family housing stock increases. But
areas nearly' as much as large cities, because heavy because many cities calculate streets into institutional and
manufacturing never was a dominant force there. recreational uses, it is extremely difficult to Pinpoint
transportation land-use ratio trends. For the purpose of this
parks and Recreational Uses analysis, it is understood that streets and rights-of-way
The following analysis is based primarily on improved parks constitute most of the transporation uses and utilities
and open spaces that are maintained by public park districts category'. The utilities and communication uses are usually a
or municipalities. very tiny portion. For example, only one-half of a percent of
Historically', the rule of thumb for calculating the number developed land in Austin. Texas, is occupied by utility uses.
of acres of park land needed in a community' is one acre of There are two major current planning issues that may
land per 100 residents. However, for the past 40 years, many affect future street and right-of-way ratios: the Intermodul
communities have fallen well shoe. In the 1955 study. the Surface Transportation and Efficiency Act pSTEA) of 1991
percentage of park and recreation land for central and satellite and neotraditionai lawn planning. ISTEA marks the first time
cities w'as 7 percent and 4.4 percent of developed land, that the federal govemment plans to tackle congestion
respectively. Eleven small communities from the 1983 survey' problems head-on by improving the management of existing
list an average percentage of only 4 percent. These data are transportation systems and coordinating transportation
difficul, to compare, in part because, in many communities, planning with land-use planning. Until now'. the solution has
parks, playground:, and mhletic fields on school property, as been to increase road capacity. Successful implementation of
well as vacant lots, are calculated into the institutional ratios high-occupancy-vehicle lanes, bus lanes. ridesharing.
tither than the parks and recreation ratio. This makes it encouraging the use of alternate modes of travel, and
appear as though less land is available for parks and coordinated land-use and transportation policies, could mean
recreation than really' exists. that right-of•u ay and transportation-use ratios will hold
The explosive grouch in single-family homes also had an steady even if population increases.
interesting effect on the use of public parks. Most suburban
homeowners have their own private front and back yards. 11'ords or Ceatlon
This explains, in part, why sohurbs will typically have a It is not recommended that these ratios be used as urban
lower percentage of land in the parks category'. Alenassas, land-use models. Any city predicting its future land-uxe
Virginia, an outlying suburb of Washington, D.C., has only requirements solely' on the ratios of other cites could be
I percent of its land as parks, while in St Paul. Dtimesoia, seriously misguided. Every' city has different factors affecting
this use covers 12 percent of the developed land, its land-use distribution, instead of considering these numbers
as rules of thumb, consider them examples of land-use ratios
Institutional Uses that exist in cities today. Lookc)osely at what factors affect
The percentage of land occupied by institutional uses has your own city's land use before comparing yourfatios to
. increased slightly in the last 50 years, The Bartholomew these data,
study indicated that central and satellite cities had about
10 percent of their land devoted to institutional uses The -
1983 sun try' showed that the ratio of Inxtitullonal civil in The PAS Alr nru Ir a monihly Puhl lot' to Lr wh,oberv In the Plunni no AJi bray
,
Ser be a wh¢r puun It Nash %i to of the Ame ricun P4nniPl A. axial ilhi
small Towns A as 13 percent No averages were calculated for I'll Sedlmm. E,ecvWe Dae,t r. runt S Se De;run Exe,vlne Drrem nr
thi%study. Huweeer, the data do not differ drastically from The PAS Mrnm rr pn,ducedby APA Mdl 1114711110111 xaurch rnJ
f the earlier studies. nnfmj by anew is ner^,enriier xr.trya M1 rr,. tdlmt Pridun;an r
Large cities typically -A ill have higher institutional land. by Pu vllnrlnna Deem mmt lull C)1bA Chc,ic A,0,1,11 Edina.
,,Sh1YY I,v,a
use ratios. Lrses such as bospitals, churches, schools, and nte,p nrrghe %LCI,MIkm
by Kh,,p n Pl we
nr A,a,iarion, 110 F 6alnsl_r61ar,,. a 0
government buildings are all directly related to the RNt^ the Amer can Planninj A Ix iarrnn ha, heudyuarter, nfn,e, el 1776
populatiom as the nort&r of people grow, so w ill the acreage Mu•,m hu,m le A,! ro w., Ma,h np o- tic 21x,16
i Allnrhr,re^eneJ Su vi of Iho uhlmctirM mat MorrJu,rtim,.lined in
of these institutional lands. Other institutional uses are not so any nrm or by rn mean,. flecrrrn¢ or mechen¢al llxladmj phmi,up7m1
eleurcucstatecapltolgn+unds,museums.civieccuters,¢nd e[utuinjmby.n.;nrnrmnion.mare.rtdretlier.lay,remviithoulprrmi.,lon
colleges and universities are all uses that serve a regional in.dnrq from the Arch icm Plennmj A,axiarirn
market and are therefore mete common in large citlcx, Pdnled nrt ucycled toper, Includip sn.7uo regclej riser
An example is Hoffman Estates. Illinois, a Chicagcl and Ina r<,11on,a,nrr.e,1e
suburb, where Institutional oses cover only 3.4 m."nt of Irrbel anarr/.lord ApIUOPI f -
q 18.
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Land-Use Ratios (in percent) for Communities Over 100,000
1
Right
City or town Population (Rs n8lafamily) Comm, Ind'i Pub'k Imst'I Parks ofway
Albuquerque,N.M. 385,000 57%(474) 15% 5% 239E 119E 8% 4':k
Amherst. N.Y. 112,000 43(40) 7 2 48 12 12 24
Atlanta _ 437 ^'i0 54 _ S 9 32 11 (combined) 21
Aurora, Colo. _ 23j,044 21 17 18 NA NA NA
Austin, Tex. 345.000 48 (43) 7 S 38 7 5 26
Behim_ore 787,000 42 27 5 25 16 (combined) 9
Charlotte, N.C. 395,000 61 10 6 24 21 (combined) 2
Cleveland 506,000 35 S IS 45 R 7 32
Dallas 1,007,000 S8 (50) 8 12 22 S 8 9
Dctroir 1,028.000 43(33) 5 9 44 13 (combined) 31
El Paso 485,000 42(36) 6 lu 42 15 3 22
Evansville, Ind. 129,000 57 _ 24 S 14 NA 8 6
Fort Worth 448,000 50(45) 7 12 31 6 1 3 11
Har (ord. Conn. 136,000 32 11 4 53 16 16 21
Honolulu 432,000 30 34 IS 12 6 6 NA
Indian^polis 742.000 55(48) 7 10 28 28 (combined) NA
Lansing, Mich _ 27,000 60 6 10 24 11 13 NA
Lexington, Ky. 214.00() 58 8 8 25 18 (combined) 7
Long Bcarh. Calif 440,000 48(32) 12 22 is 6 6 6
Madison, Wis. 191,000 39 8 4 49 _ 7 12 30
Norfolk, Va 2156,000 44 f33) 9 4 43 21 6 10
Omaha 336,000 38 S --T -KT 20(combined) 31 E
pauia, III. 113.000 52 8 6 34 7 21 b
Rero,Nev. 101,000 36(25) 8 S 31 2; 21 S
.N, Paul 270,000 37 4 14 45 7 0 _ 26
Sah take City 163,000 21(20) 7 9 S9 7 7 45
5^maClarira,Calif. 121,000 70(59) 6 14 10 S 5 NA
Tampa. Fla. 834,000 44t30) r5 26 IS 10 S NA
Tempe. Ariz. 133,000 41 (30) 8 10 41 11 16 24
Topeka, Kan 122.000 50 10 6 34 21 13 NA
Tucson, Ariz. _ 419,040 52(39) 10 S 33 8 S 20
Youngstown, Ohio 104,000 60 9 8 23 8 13 2
Ratio Averagts (384) 104b 1096 32% NA NA NA
S.
Hoe Lond•Use Ratios Have Changed in Large Cities Over the Years
Residential Right
Year of survey (sl"&family) Cosnm'I Ind't PoMk Irst'1 Parks of
1992 48%(.18%) 1091 10% 314 NA NA _ NA p' .
J~4 d
198.3 48(39) 9 11 31 NA NA NA
197j 40 10 5 43.. 19(combined) 26
t95S ~u 4111321 3 6 51 II 7 3.1
19.
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Land-Use Ratios (in percent) for Communities Under 100,000
Residential Right
City or torn Population (sSnglt-family) Comm 'l Ind 'I Public Inst t Parks or way_
Aiken, S.C. 20.000 65%(60%) 9% 1% 25% 9% 16% NA
Ambler, Pa. 6,600 63 11 10 16~ 3 4 9 s
Asheville, N.C. 62.000 69(62) 12 S 14 9 S NA
Bellevue. Wa.,h. 88,000 65 (57) 10 4 is 7 I I NA
Carlsbad, Calif. 51,000 _ 57 140) 5 9 29 3 17 9
Carrollton, Tea. 33,050 39134) 30 S7 IS 5 10 N4
Columbia, Md. T 79M 43(32) 20(combined) 37 NA NA NA
Costa Nlesa.Calif. 88,000 51 (30) 12 15 22 13 9 NA
Elgin, Ill. 72,000_37 5 4 54 10 12 32
El Monte, Calf. 79,000 57 )5 IS 13 5 1 7
Evanston, 111, 72.000 45 (10) 7 4 44 10 8 26
Fishkill,N.Y. 15,000 24(20) 4 1 70 25 33 12
Frisco, Cola 1.600 38 13 1 45 NA NA NA
Galveston, Tex. 62,000 25(21) 5 25 44 i^ 25 NA
Highland Park, Ill, 31,000 53 6 0 41 4 18 .9
Hoffman Estates, ill. 45,000 46 (371 10 2 41 3 15 23
La Vernr, CTZ 27.000 67 158) 11 3 19 19 NA NA
Lynnwood, Wash, 29,000 56!,16) 22 3 _ 19 U 6 NA
Manassas, Va. 22,000 52(41) 8 12 28 26 2 NA
Midway. Ky. 1,400 54 7 1 38 24 NA 14
Montpelier, Vt, 8.400 51(43) 6 6 37 7 15 IS
Mount Prospect. III. ".CK)O 65 157) 6 16 13 4 9 NA I~
Northbrook. III. 3500 46 7 e 39 7 13 19 1 ~
Oak Creck, Wis. 20,000 37 (27) 8 12 43 6 23 14
Olathe, Kan ----T9,()00 _ 52143) 7 G 35 14 9 12
Prescott, Ariz, - - 26,000 741501 8 4 14 NA NA NA
i',+inpano Beach, Fla. 67,000 44 (25) 10 17 39 4 17 8
kcdding, Cali( 51,OaJ 64 11 12 13 8 S NA
St. Pctcrs, Nio. 18,000 72 12 4 12 NA NA NA
Sednna. Ariz. 7300 74 (71) 15 0 12 11 1 NA
Sknkir, III 60,(X)O 34 - 6 13 47 12 3 32
Versailles, Ky. 7.200 50 9 19 23 9 NA 14
Wakeficid,Nlass. 24,000 _54(52) 5 3 38 8 6 24
West Hollywood. Calif. 36,000 42(8) 22 3 31 1 1 29
Ratio Averages S2%(41%) 10% 7% 51% NA NA NA k
How Land-Use Ratios Harr Ch :nged in Small Cities Over the Years _ k
Residential -
1?arora)rse-y_ (aSnglahmllr) Comm'I Ind'I Publk Insi'I Parks
;992 524(41%) fork '1F 319E NA NA
1983 48 1 8 37 13 5
42x161 2 8 48 II 4
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Presentation to Denton
City Council
Alternative Development Scenarios
Rust Environment & Infrastructure
Hellmuth, Obata. + Kassabaum
April 28, 1998
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CITY OF DENTON ;
ALTERNATIVE DEVELOPMENT SCENARIOS
ASSUMPTIONS
The Alternative Development Scenarios presented herein are intended to provide a glimpse of the manner in which development could occur in Denton within a twenty-year horizon.
The four i
hypothetical scenarios, the Corridor Scenario, the Urban Centers Scenario, the Neighborhood Centen Scenario and the Compact Growth Scenario, identify the physical form, the
potential implications related to development patterns, land use, transportation, environmental and urban design, as well as the potential City policies that should be considered
in order to t,r
determine A. Preferred Development Scenario for the City of Denton. In order to create four distinct hypothetical scenarios that fully document the concepts associated with each
development
type, some ex:sting conditions including land uses have been modified. As the development of a preferred scenario is initiated, the aspects of the alternative scenarios that are
viewed favorably x M
by the Cit~ COLncll and the Citizens of Denton will be incorporated along with existing land uses in order to create that scenario, i
Several basic assumptions have been made in order to provide a baseline for comparing the conceptual scenarios. Again, as additional information is provided by the City of Denton
and RUST ,
regarding a preferred land use mix, preferred residential densities and anticipated future populations, it will be incorporated into the development of the Preferred Development
Scenario. For
the basis of comparison, the following assumptions have been made in developing the Alternative Development Scenarios for the City of Denton:
• The Planning Horizon is for the year 2020; Q
• The estimated population in the year 2020 will be 230,000 to 240,000 people;
• The Land Use Mix in the year 2020 will be the same .as currently exists; J ' ,
• The Zo,.ing Mix in the year 2020 may or may not be the same as currently exists;
• In the Corridor, Urban Centers and Neighborhood Cei,ters Scenarios, overall densities will be the same as exist today in Denton; ;
• In the Compact Growth Scenario, the overall density will be 33% higher than exists today in Denton.
The following pages present the four Alternative Development Scenarios, their potential implications, and policies that may be necessary to make each scenario become a reality in
Denton. It
is hoped that These alternatives will initiate discussion of the issues associated with the future urban form for Denton in order to prepare a preferred scenario that will guide
development in
Denton over the next twenty years.
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CITY OF DENTON
ALTERNATIVE DEVELOPMENT SCENARIOS +
IMPAC'TSIIMPLICATIONS~
CORRIDOR URBAN CENTERS NEIGHBORHOOD CENTERS COMPACT GROWTH "
e . 00 ,re High Intensity development occurs to a pattern o! Crowth occurs around 3e lead growth centers A borer Intensity
and density of use at Neighborhood Development Is within a uefloed Area determined by an
1 , ` v bands along major tborougbfaresand highways• withintheCity•Downtown Cooler, Commercial Centers Centers camps red(aUrban
Canters, urbes growth boundary.
•Growthoccurs primarily anvacant land with limited and Airport"Industrial Center. Neighborhood Centers are not located at the Intersection 'Majority ordevelopm«t
occurs within existing urban
reinvestment, redevelopment and lnfdtactivity. •Urban comfort arm located at tbeIntersections of molar of majorlharoughforts. area through reinvestment, redevelopment
endlafill a
fl Overall a low density land nee pattern with highest thoroughfaret Increased density and Intensity in the Downtown, development s za
4 freeway loop and lower density outside of loop. Ctatem •Residential uses develop within walking distinct greatest in the Downtown. ! "I
densities along corridors, second highest within the • A high Intensit) ' mud densityof meal the Urban • Residential growth occurs around neighborhood centers,
Increase In Intensity and density of built environment
~
Development may follow a sprawl or leapfrog pattern. •Limited reinvestment andredevelopment ofDowntown (asuallyl/d to 112 mile) of neighbor" center. High average densities
within the growth boundary I,
(not as high at Compact Growth or Neighborhood Major commercial nodes and fnduistrial districts exist with highest density at Downtown and density decreasing
96
Centers), slightly is distance from Downlowa Increases.
-Segregation of load uses with some mixed use Downtown. •Land an within The Urban Centers Is mixed. Sepmntkoof land uses except within Neighborhood hlised[mad usewithin
Theentire growth boundary. ;s)~ ux ctq
May be adjacency issues with single family and -Commercial Urban Centers haveamixofoffice, Center and Downtown. Districts within growihboundary have primary land
use
nonresidentlaldevelopment commercial and high density residemld Vertical mixed use deselopmenlwithin the Neighborhood but would also allow vupportinguses.
Most new development activity Is outside of Airport Urban Ccnterhatindmidalwith supporting Center" -Mixed land use would be highest In theDowntown •
v ? Downtown; L ,
W mintmalreinvestment InDowntown. office and commercial uses. Reinvestment and redevelopment may occur Downtown with a greater Integration of uses both vertically
] Downtown is much smaller under this scenario. Greenbelts, institutional uses and higher density to Increase the Intensity and densityofuses, end horizontally. 7
'
Z More variety of residential t)pea residential uses should be encouraged along Thefrttwrya Downtown larger them Corridor at Urban Cooler •Relnveslmemland redevelopment
mmyoccorpowatown Greater land area consumed under this scenario; less Residential growth surrounds urban centers witha Scenariom to iocremethe Intensity and density
of uses. agricultural land Is preserved. decee st In density as distance from the urban center • Limited use of large lot resldenUAL • Downtown to much larger than other
scenarios,
Commercial strip deveiepmentmay occur. increases. •Other noo•resldeotialdistricts would accommodate •Limited am of large klresidential. More variety of residential
typ«. Industrial and Mort regional commercial activities. •Agricultural landwoullikelybepreservedInthearea s
Community rehted commercial development might occur outside orthe growth boundary. t I 't
at some secondary nodes.
Thoroughfares would probably follow a gridded street Major tboroughfartsystem would probably follow a Major thoroughfares would probably follow agrklded Thethoroughroresystem
(including acighborhood
pastern. Neighbnrhood streets would probably follow a gridded street pattern. street pattern, streets) would probably follow a gridded street pattern
curvilinear and cul-de-sac fifteen. Minimal mcoadery thoroughforemtwork Neighborhood street tystemcan be griddedat curvilinear. to allow for Mort efficient
ate of the land.
Lower densities and development pattern make mass Moreresideatist streets would Bak directly to major Greater hierarchy to transportation network; agreater Loop freeways
surrounding Downtown may require
transit less feasible. thorou hfares f 0 I secondary oetwnrk highenapaclryto serve the area.
F More miles of highways and streets required. Density at Urban Centers makes miss transit more Secondary street ry'stem conn,cU Neighborhood Centers; • Mass transit
is more feasible due to hilber densities mad
' Mort vrMcle miles ace traveled and average trip kngihr feasible, however focus is on pedestrian acres, may likely be required to meta the Iransportallon needs
Are longer, The extension of Loop 288 would probably be needed Opportunities for mass transit of the more donee urban environment
tL The atenslon of Loop 288 would probably be resdtd by 2020. The sxfroslos of Loop 288 may sot be needed by 2020. Fewer miles of freeway and roads would be required
to by 2020. Dedicated blke lanes and bike trails could be support growth. However, within the growth area more
established. capacity would be required on the road systems to support higher density development and avoid ton p ulon. q
The extension o( Loop 21111, west of 1•35 may sot be
needed before 2020.
Dedicated bike lanes mad bike trolls could be i
established, kF
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CITY OF DENTON M\
ALTERNATIVE DEVELOPMENT SCENARIOS
IMPACTS/IMPLICATIONS
CORRIDOR URBAN CENTERS NEIGHBORHOOD CENTERS COMPACT GROWTH
► ;R •Nature systems would be preserved for driinsge •Naturalsystemswould be preserved for drainage. -Natural systems
would be preserved for drainage. -The lake to the test mod the drainage basins In thtwait
• Linear parks and eaviroomeatal open space with trolls • Linear perks and environmental We spice with kills • Linear parks and eoviroomenlal opts span with trills make a
oaturil environmental boundary to limit growth.
L z taunt be nhbllshed to the flood plain areas could be established in the flood plain areas to provide for could be established in the Rwd plain areas to provide
Natural systems would be preserved for dnimege. 0 • No large regional park but community and Neghborbood passive regional park needs. for passive regional park ends. Neighborhood
based opts space should be dispersed ( j _.r~
4 parks ie open space arm connected to the linos park Abandoned railroad rights-of way could be • Abandoned niiroed rights-of-way could be throuthout the City
followingtbe grid pattern, A, s
!Zr system. usrdforblktaodbVketnih used for bike and bike trolls. Linear parks and environmental open space with trolls
Abandoned rallroad rlghtwf•wsy could be public open space aria cook be provided within each Neighborhood parks looted within centers could be established in the
flood plain areas for passive g W S• rt-~ v~
reed for bike and bike trails. urban center, • Regional rtereatkoalopportunities could be provided park oteda +
Regional rtcrtatlonal opportunities eau4 be provided In In linear park system to provide for active regional Abandoned railroad d;bts•of•way could be uted
for bike
G linear pork system to provide for attive regional park park onds meal bike nails y? „ s
needs. AJorge regional pork adjacent to the Hear park system
W could betstsblhhed for active pork oeedt ; and fire facilities would probably be
More police and fire focllkies will probably be required - More police and fire facilities would probably be More police and fire facilities would probably be required
Fewer police
waver those rtqoirtd to oervke the smaller geographic area taurvlcethelsgargeognphieanahowever thase required romparedtuCompact 5ceaarb,hownrr
compared to Urban Centers Scenario ho ~
provided should be smaller in stale should be less than Corridor Scemerlo due to some provided will probably be %mailer in stile however those provided may
need to be larger. } s r !
~ More mein of seam and utilities x111 be required density concentrations at Urban Centers, • Less mlks of streets and utilities shook be Deeded • Restricting
growth to a smaller geographic area will
b N The cost to provide public services Is probably higher More miles of streets and utilities than Compact than under Urban CenterScenarla results to less mile
of streets and ulililits O ;
due to more dispersed piltero of growth. Scenario; however should be ins than Corridor Scenario. - The cat to provide public services may be higher The coal to provide
public services Is lower at higher a e G 'w
V a May be more difficult to have adequate response times The coil so provkepublic senlctsshould be lower thin time Compact Scenario but should be leis then Corridor
densities (until densities become very blgb} for public safety. Corridor Scenario bowever act as low as Compact Scenario. Should be easier to have adequme response
times for
F
0 4 Greater distance betweto schools. Locations should be Scenario. It should be assier to have adequate response times for public safety as long as ers fk congntioo
Is evoked. l r 'i s (s s rf
encouraged in open span corridor yeas. Should be easier is have adequate response limes for pnblksalety• ~ Schools locations would follow the grkded street
. public safety as long as traffic congestion It ovoided. Schools should be sxiled within Neighborhood Centers pattern,
Less distance between schools then Con idor Scenario: with a focus ca pedestrian access Public open space and
Locations should be encouraged In open span corridor school playground areas might be combined within the , .
area Neighborhood Center.
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CITY OF DENTON l
ALTERNATIVE DEVELOPMENT SCENARIOS Y~
POLICIES r
If
CORRIDOR URBAN CENTERS NEIGHBORHOOD CENTERS COMPACT GROWTH '
Pokey encouraging high Intensity daebpmenl to bate Policy supporting higher Intensity and density of Polley supporting the development of neighborhood centen Adoption
of on urban growth boundary.
F along highways end major thoroughfares. dreiopmeatatUrban Centers. within residential areas with a 1/4 to 1/2 mile walking S F
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a distance for rnidents. Policy regarding overntl urban form and density (e.g.
W Policy supporting high density development along Policy locating Urban Cents" at major Intersections higbestdensity allowed In Downtownwlthareduction in
r;
x major corridors and within Downtown. and designating their primary use (Lt. commercial Policy staling that neighborhood centers will focus on density as The distance
rromDowntown Incceasen) .1,+ u
A or Industrial). pedestrian access and not be located of major Intersections Ijr M a Policy encouraging infilldevelopment andreinvestment bu
t located at Intersections or secondary streets. Policies guiding and eneouagiogreinvestment and new
fl i Policies guiding and tnecurwging reinvestment and new Investment Downtown. D
W Policy supporting reinvestment sod new Investment Investment Downtown. Policies guiding and encouraging reinvestment and new > Downtown,
Investment Downtown,
k
Policy encouraging mixed land use within the
Policy tocouragingmixed use Downtown. Policies supportingmlied land usewIth1%VrbAnCentera Neighborhood Centers where appropriate. Poikiessupporting mixed use
deveiopments
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W Policy encouraging the presersation of historic structures. Policies supporting mixed use developmentsDowntoen. Policy encouraging the preservation of historic structures.
Policy encouraging high Intensity uses Downtown. fa
.7 1 iM1U 'n`(
z Policies to address land use adjacencyIssue&. Policy eocourogingthepresenstionofhLitoricstructures. Policy encouraging the development ofnetghborboods Policy encouraging
the preserntionof historic strocturts
around Neighborhood Centers,
Policy to discourage strip commercial development. Policy supporting the location of open space and the Polity limiting the development of Urge lot residential.
development of Institutional uses and higher density policy limitingThe deselopmentof large totresidential. a
Policy to develop urban design guidelines for corridors. residential along thefreewrys, Policy encouraging the preservationofogriculturailand.
Policy encouraging the preservation of agricultural land.
Policy to develop thoroughfares In a gridded pattern. Polity to develop thoroughfares In agrWdtdpattern. Policy to develop thoroughfares in agriddedpattern. Policy supporting
a gridded street pattern. I'
* Policy to develop neighborhood sireetsInacul-dt-sae Polity to develop a transportation system whlchsupports policy to develop atrawsporlationsystem which hot a Policies
supporting highercapacity of transportation
r
0 ardcunilinearpattern. andencoursges high density developmentat Urban Centers well developed secondary network whicbconnects the system lo.suppoe Downtown. F
neighborhood ctnttr&
Q Policy to support the Implementation or mass transit Policy supporting the impiemenhtlots of mass transit Policy supporting the dtvrlopment of mass transit.
to the extentfea!ible. to meet the transportation needs of (heUrban Cemers Policy supporting podestrionaccess to theneighborhord
and othtr a yeas of the City tenters. Policy supporting the development of transportation
Policies encoursging Ot extension of Loop 298 when system needed to develop within the growth baundory
G4lsr worrsnted. Policies encouregingtheextension ofLoop 288when polity to support the lmplemenUtlonof mass transit and restricting the construction of new
roadi outside of
i
F wnrinted. to the extent feasible. the growth boundary,
LO
pI Policy supporting the develop menI of bike Isnes and r
rolls to trails programs. -
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CITY OF DENTON \
ALTERNATIVE DEVELOPMENT SCENARIOS
POLICIES ~
CORRIDOR URBAN CENTERS NEIGHBORHOOD CENTERS COMPACT GROWTH
1~v~
Policy supporting the preservation of no lurdsystems. Policy supporting the preserve IIon at natural grtemt. Polley supporting the preservation of natural systems. Policy
supporting the preservnlonOf oataralsylsems
k is r r:
a x Policy to develop linear park syrttmin noodplaln Policy to develop linear park system Innoodpisin Policy to develop linear park ge'e sinnoodpiain Polley
supporting the development of neighborhood
areas for passive park activities, areas for passive park activities, areas for possivs park aclivilks. open Ipare f '
Z Policy supporting the developmentofcommunity Polity supporting the development of rrglarAparks Policy supporting the development of regional parks Policy
to developlioeor park rystemIn noodplain U
W and neighborhood parks connected the linear adjacent to the linear park system for activertglond adjacent to the linear park iystemfor active regional areas for
passive park activities
i pork system for ectise park activities. pork needs. pork OttdL
Q Policy to develop a large regional park for active f
Policy supporting rails to trails programs. Polkysupporting rolls to trills programs. Polk development of withln Y supporting parks park activities.
?'1Id
neighborhood centers. V
xt0 ~~V~ W Policy supporting the development of bike lanes and e?Policy supponingthe development of bike
lanes and Inlbandsupporting rolls to trails programs. Lr.
dr
trails and supporting rolls to trails programs y p
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a Policy to provide public services In a cost efficient Policy to provide public services In a cost efficient Policy to provide public services In a cost efficient
Policy to provNlt public eervker In a cost eMclent
W manner end to locate facilities such that adequate manner and to locate facilities such that adequate manner and to Watt facilities such That adequate
manner and to locate facilities such theladequtle public safely response times can bemointained public safety response times nabe maintained public safety response times colt
be maintained publksafety response times con be ma{atalacd
W and the public has convenient access 10City scrvlces. ndthepublic hastonvtolentaccess toCity services, and ebtpublleboo convenient iccessto City services. and lhepubnehas
conveoleotaccess to City itmicex
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U : Policy encouragingschool locations to be adjacent to Polley encouraging school locations to be adjacent to Policy encouraging school locations and certain City
Policy rtgardingwater and wastewater service area •to
open space eorrWors services (mesh as Ilbnrla) to be located within the give highest priority to servlring those areas within
C ~ open sPacecorrldors, " s neighborhood center with a focus on pedestrian access. the urban boundary.
Polley encouraging combining public openrpace Policy encouraging school locations to follow the
with school playgrounds. gridded street pattern, ,.Y
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Agenda itc
Dale
AGENDA INFORMATION SHEET
AGENDA DATE; April 28",1998 "
DEPARTMENT: Planning &Development
CMlDCM/ACM: Rick Sveblao
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SL'BJEcl
G Receive a report and hold a discussion regarding annexation and public service extension
policies to areas currently outside the City of Denton municipal limits.
t
BACK On April 28'h,~8, City Council members will discuss several topics related to growth
management. Two aspects ofgrowth that will soon require separate attention are TIMING and
LOCATION in selected areas. The forecasts provided by RUST Environment and Infrastructure,
Inc. (city consultants) indicate that a majority of population growth and development will occur
in south Denton, City staff is already seeing evidence of this trend; most of the 6,000 single
family lots platted in the last 18 months are located to the south. Staff has also been approached
by owners of tracts located in the south Denton extraterritorial jurisdiction (ETJ) who are
interested in public services to support development of currently vacant land, and are also
interested in the City's intent regarding use of its annexation authority.
The surge of development appears to be moving northward from Corinth, Argyle, a:,d along the
1-35W corridor from the Alliance area. Land within the Denton ETJ, located at the southernmost
edge of our utility services district (called our "CCN", which stands for Certificale of
Convenience and Necessity, adesignation assigned by TNRCC for the provision of public
utilities) %0 [1 likely become more desirable for development than land within the city.
Development pressure in the southern ETJ will require consideration of utility service extensions
within the Denton CCN. The provision of utilities to ETJ land does not automatically trigger
annexation. Annexation provides a higher degree of zoning and land use control, and taxation
" authority, but carries with it certain service obligations. Annexation requires (by state law) the
preparation of a service plan that indicates how the full extent of public services, comparable to
those a%ailehle in other areas of the city, will be provided to the newly annexed area.
Annexation does not trigger mandatory provision of utilities. Current city policies indicate that
the private developer is required to pay the cost of utility extensions for most types of
development.
0 Staff has prepared a map of the southwest portion of the City of Denton and its ETJ to illustrate
some of the issues that will likely arise in the near future. The map will be shown at the April O
Y 281° work session to rv.{rresent more clearly future annexation and service extension issues.
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Several Issues will arlse that will require attention by City Council: ;
r
I.Annexation Options
a, Service Plan Fiscal Impacts
i b. Municipal Zoning and Land Use Authority
'I
c. Taxation Authority f
2. Appearance and Character of New Development
3. Water Service Extension Costs
4. Wastewater Service Extension Costs
± 3. Public Participation in Costs
6. Creative Financing Techniques (i.e. Public Improvements Districts, Tax Increment Financing)
z 7. Relationships with Neighboring Municipalities & Overlapping Jurisdictions
8, Potential Impact of ETJ Development on City Plans
The discussion scheduled for this agenda item is introductory, and is not intende i to provide in-
depth information. As investment and development interests become more clearly understood by
city staff, further detail regarding specific issues and situations will be brought to Council's '
attention.
ESTIMATED SCHEDULE OF PROJECT
This agenda item has no particular schedule. Many growth mmagement issues must be
addressed before the City's comprehensive plan can be completed, The issues raised during the
s April 28'4 work session will be discussed in greater detail for the next V'2 years. Individual
project decisions regarding these issues 0" probably have to be made before the comprehensive
plan is completed.
PRIOR ACTIONIREVIEW
The issues raised during this agenda item are relevant to the Denton Plan Process, although
specific reference to annexation and service extensions to fringe areas has not been discussed
recently.
F'ISCALINFORNIATION
Project specific information is not available at this timer Estimated costs for service extensions,
rclalive to the location of potential sites to be served and proximity to existing services, will be f
discussed during the work session.
FXIJIBITS
! None large-scale map will b; exhibited at the April 281h work session. t
A Respectfully Submitted:
r
D-g td M. Hill
Director of Planning and Development
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