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04-07-1998
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Y , I , .,t.. w. + .4. „�'�- 1 it , ) 1'V.SI� ,.w.m,.... . alw.D•�'� ::.. :.fat .A,�' .�I � tl.x+flk 1. i, N r City Council Agenda Packet .1 I April 7, 1998 I i Ir f" yD 1 I , �<.'/' Fayi'�lf liiI, �/'� f. i I t p ; 0 i •T RAMS . ..u. � r a,�.a! ,}Y.rNN�^:i�.�aY'�1,a: ' ..�6=nth•S-t� ,9+�t�l�+Y.Y.¢.YA�MIbMt..w..__ . ..._ .,,...e+n'k _ Agenda No AGENDA Agenda Ham CITY OF DENTON CITY COUNCIL April 7, 1998 0afe _ Special Called Meeting of the City of Denton City Council on Tuesday, April 7, 1998 at 11:00 a.m. in the Council Chambers at City Hall, 215 E. McKinney, Denton, Texas at which the h following items will he considered: # 1 1. Receive and open bids regarding the City of Denton's General Obligation Bonds, Series 1998. i, 2. Receive and open bids regarding the City of Denton's Ce tificates of Obligation, Series 1998. I 3. Consider adoption of an ordinance author; 'ig the issuance, sale, and delivery of City of k' Denton General Obligation Bonds, Seri , 1998, lavyinp the tax to pay same, and approving and authorizing instruments and procedures relating thereto; and providing an effective date, k 4. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation,Series 1998,and approving and authorizing instrure:nis and procedures relating ihetetu;and providing an effectivedate. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board a( the City Hall of the City of Denton. Texas, on the ___day of 1998 at _—o'clock (a.m.)(p.m.) CITY SECRETARY N(11 C: IHE CITY OF DEN TON C11 COUNCIL CIIAMBERS 1S ACCESSIBLE IN ACCORDAN'C'E. WI1IL THE AMERICANS WLIII DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE IN1ERPRE11,,11S FOR THE HEARING IMPAIRED IF REQUESTED AT LFAST 48 HOURS IN ADVANCE OF' '(IIE SC'IiEDULED MEETING, PLEASE CALL. THE CITY SECRETARY'S OF[ ICF AT 349.8309 OR USE TELFCOMMUNICATIONS DFVICFS FOR IIIF, DEAF (IDD) BY CALLING 1.800•RLLAY-TX SO THAT A SIGN LANGUAGE INIERPRETER CAN BE SCHEDULED I IIROUGH THE CI(Y SECRE TARY'S OFFICE. r 32X I O l: t i I , J nt :x AC1v4J A�+!iwK.zY.��al1�YUr,�,raul�r:�Mi r,n .l r,rl :. we, en�e,�(,N{ ..a•'.Nwrxr/ .wi r ..-+• ..+..,.,, .., , .,...a.✓k?iKl� rI"i ' AGENDA CITY OF DENTON CITY COUNCIL ; April 7, 1998 Auer determining #fiat 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 7, 1998 a'. 5:5; p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas, at which the following items will he considered: 1. Closed Meeting: A. Consultation with Attorney-Under TEX,GOVT. CODE Sec, 551.071 1. Consider strategy and discuss status of case with City Attorney in litigation styled Denton County Historical Afuseum, Inc. v. Denton County, Texas and City of Denton, Texas, el al., 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, GOV'T. CODE Sec. $51,075, The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HEl D IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES J THF. RIGIIT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS 1 AUT11CRIZED BY TEX.GOVT.CODE SEC. 551.001, ET SEQ. (1 EXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF TIIE CLOSED MEETING ON TlIF CLOSED MEETING ITEMS I NOTED ABOVE, IN ACCORDANCE WI111 THE TEXAS OPEN MEETINGS ACT, INCLUDING, WIHIOUT LIMITATION, SECTIONS 551.071-551.085 OF TILE OPEN MEETINGSACT. ' Regular Meeting of the City of Denton City Council on Tuesday, April 7, 1998 at 7:G0 p.m. in the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the • following items will be,considered: 1. Pledge of Allegiance ,4 Gy, A. U.S, Flag { I B. Texas Flag • • • "i lonor the Texas Flag - [pledge allegiance to thee, Texas,one and indivisible." �../ 2. Consider approval of the minutes of February 3, February 10, February i7, February 24, ~'- March 3,March 17,March 24(Special Session), and March 24, 1998. ' e , 32X � {J 0 1'. Jam= Q q r v k� i 5 e.,dE . Nu!..;^ .. ., ad; a., : s:n-,. _,. no-. .. . . ..«o. .� w.,. H-,w,c,rwr..�):r�tcati. _ 1"; •)' City of Denton City Council Agenda l" April 7, 1998 Page 2 PRESFNTATIONS/AWARDS <, 3. April Yard of the Month Awards 4 4. Proclamation CITIZEN REPORTS S. Receive a report from Dessie Goodson regarding public officials who can't face the truth. b. Receive a report from Ross Melton regarding legislator/bureaucrat's creed--certificate 1 presentation. CONSENT ACF.NDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 7-19). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 7.19 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration." A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall then he considered before approval of the Consent Agenda. 7. Consider adoption of an ordinance accepting competitive bids and awarding a contract for IWAC renovation and equipment replacement for MLK Recreation Center; providing for 1 the expenditure of funds therefor; and providing an effective date. (Bid #2173 — IIVAC Renovation and Equipment Replacement for MLK Recreation Center to BCI Mechanical in the amount of$117,800.00) 8, Consider adoption of an ordinance of the City of Denton, Texas authorizing the City I Manager to execute a professional services contract between the City of Denton and Corgan Associates, Inc. for the design of the North Lakes and Denia Recreation Centers expansion in the amount of $75,000.00 fixed fee and a not to exceed reimbursable amount of$7,500.00; providing for the expenditure of fund therefor; and providing an effective date. (RFSP #2174 — North Lakes and Denia Re, reation Centers Expansion- s r Corgan Associates, Inc.—Fixed Fee of 575,000.00 plus r not to exceed reimbursable ++� amount of$7,500.00) ^ ' t 9. Consider adoption of an ordinance accepting competitive bids and providing for the award of a contract for the purchase of a power transformer in the amount of 32x � Q t Y b 3 1 0 ' iM=YiJ • , i City of Denton City Council Agenda April 7, 1998 Page 3 $445,939.00; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2183 — Power Transformer in the amount of $445,939.00 awarded to Waukesha Electric) 10. Consider adoption of an ordinance authorizing the execution of a change order to a lease agreement for PC's, monitors and peripheral equipment between the City of Denton and 1BM Corporation;providing for an increase in the quantity of items and an increase in the annual lease payment amount; and providing an effective date. (Lease #2045 to IBM Corporation in the amount of$367,354,42) 11. Consider adoption of an ordinance awarding a contract for the purchase of a file server, controller, hard drive, router and peripherals including maintenance as awarded by the Slate of Texas General Services Commission, Stale of Texas Qualified Information Services Vendor(QISV); providing for the expenditure of funds therefor; and providing for an effective date. (PO#83725 —N"rCS, Inc. in the amount of$36,766,00) 12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of ornamental street light poles and fixtures; providing for the expenditure of funds therefor; and providing an effective date, Mid 42179—Ornamental Street Light Poles in the amount of 557.090.00 awarded to Fred Oberlender and Associates) 1 13. Consider adoption of an ordinance amending the Schedule of Electric Rates contained in Ordinance No. 97.236; amending Ordinance No. 98.046 whi.h created an Energysme i'rogram Schedule (EP) for the purpose of deleting one guideline pertaining to the qualification for the structure incentive contained therein; providing for a severability clause; providing for a savings clause; and providing for an effective date, 14. Consider adoption of an ordinance amending Ordinance No. 96-032 authorizing assignment pay for the fire department employee in the classification of Driver who is also assigned to perform the duties of maintenance/Logistics Officer. 15. Consider adoption of an ordinance amending Ordinance No. 96.076 authorizing assignment pay' for the fire department tmployee in the classification of Captain who is also assigned to perform the duties of Information Management Coordinator. 16, Consider adoption of an ordinance amending Ordinance 96-237 authorizing assignment pay for the fire d,gartment employee in the classification of Captain who is also assigned to perform the duties of F.MS Program Manager. ` 17. Consider adoption of an ordinance of the City of Denton. Texas, authorizing the City 0 Manager to execute a contract with the Denton Independent School District and all 0 9 additional documents and agreements, as required, to obtain funding for the 1998 Summer Food Service Program; authorizing the expenditure of funds to administer the program;and providing an effective date. 18. Consider approval of a tax refund to The Vintage for $1,539.11 due to a tax liability rcduction on 1997 Supplemental Roll #10 from the Denton Central Appraisal District. 32x111 1 r 'J ;.c,.: . +,..'.✓;R A..V. . City of Denton City Council Agenda April 7, 1998 Page 4 19" Consider approval of a resolution amending Resolution No. 97-037 by approving a revised budget for the Denton Black Chamber of Commerce for the 1997-98 fiscal year for hotel occu,tancy tax funds, pursuant to Chapter 351 of the Texas Tar Code; and providing an effective date. PUBLIC HEARINGS 20. Hold a public hearing and consider rezoning 0.2788 acres from Commercial (C) zoning district to Multi-Family (MF-1) zoning district. The subject property is located on the northeast corner of Maple Street and Myrtle Street. The applicant proposes to convert the existing garage into an apartment. (The Planning and 'honing Commission recommends approval 3-2.) 21. Hold a public hearing and consider approval of a request to rezone 1.203 acres of land from Office conditioned(O[c]) zoning district to Office(0) zoning district. The property is located on the west side of Hinkle Road, north of Greenbrier (also known as 2301 Hinkle) and was rezoned from Single Family (SF-7) to Office Conditioned (0[c]) in 1996. The proposed rezoning would eliminate four zoning conditions placed on the property in 1996. (The Planning and Zoning Commission recommends approval 5-1 of a change of zoning to Office conditioned(0[c])zoning district With nine(9)conditions.} i 22. Hold a public hearing and consider approval of a request to rezone 17,46 acres of land from Agriccltural (A) zoning district to Light Industrial (Li) zoning district. The located in northwest Denton on the south side of Iii hwa y 77, between Loo property is loc g y P 288 and 1.35. (The Planning and Zoning Commission recommends approval 6-0 of a change to Commercial conditioned (C[c])zoning district,) I 23. Hold a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation"of the Code of Ordinances of the City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty in an amount not to exceed $500.00 for each violation thereof; providing a civil penalty in an amount not to exceed 51,000.00 for each day of violation thereof; providing a I sevcrahili'.y clause; providing a savings clause; and providing an effective date, 24. Hold a public hearing and consider adoption of the Denton Plan Draft Policy Documents. 11ESIS FOR 1NDIV1DUALCONS1 ERATION 25, Consider adoption of an ordinance amending the Schedule of Water Rates contained in Ordinance 97.237 for water service for "WFH Metered Water From Fire Hydrant" to increase the deposit to $800.00, providing authorization for water utilities to require a 1 contract for the use of fire hydrant meters requiring a security deposit, minimum charge p ". for failure to provide meter for monthly reading, and enforcement if fire hydrant meter and backnow prevention assembly is not returned; providing for a savings clause. and providing for an effective date. (Public Utilities Board recommends approval 4.1.) 26. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute Addendum Number 2 to Contract between the City of Denton and the 32 xio 1 • • 7 i 0 • � p :F � r `.y � r • r. r pr Ii I 4 a nevw+ar .. � .".il:✓s.a"iMk :�41'.i�ID�writllFr,'hn itli<WM,.�r%�SkEii(?'k!i'J S'tl*.+tw:+e�a tl.� _ '"r } ._.�•�. ._ ,� ...e. � r+s�r�:. ' '1 City of Denton City Council Agenda 4 April 7. 1998 s Page 5 Upper Trinity Regional Water District for water treatment and transmission services; authorizing the expenditure of funds therefor;and providing for an effective date, jq 27. Consider approval of a resolution allowing LULAC to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 1998, upon the conditions of obtaining booth, obtaining license and permit, providing general liability insurance, and agreeing to indemnify the City for any liability; authorizing City Manager to execute agreement for the conditions;and providing for an effective date. 28. Consider approval of a resolution of the City of Denton, Texas adopting city policies for employee development through developmental tracking for city employees; and declaring an effective date. 29. Receive a report, hold a discussion and consider recommendations from the Oversight Committee. 30. Consider approval of a resolution to declare the intent to reimburs:4 expenditures from j unreserved fund balance of the general fund with general obligation bonds;and providing ' an effective date. 31. Receive a report, hold a discussion, give direction to staff, and consider approval of a schedule of public hearings with regard to the proposed annexation of a 30.32 acre tract located northeast of Hwy, 77. near its intersection with 1-35. 32. Consider nominations/appointments to the City's Boards and Commissions. I 11, Miscellaneous matters from the City Manager. 34. New Business This item provides a section for Council Members to suggest items for future agendas. I 35. Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas ' M Opcn Meetings Act, tl - • 36. Official Action on Closed Meeting items held under Svtion 551-071-551.085 of the i Texas Open Meetings Act. 1r i C1:RTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Nall of the • City of Denton, Texas, on the _ day of 1998 at ^ o'clock (a.m.) (p,m.) I., CITY SECRETARY 5 t, ... . ..... . ",• 4 2 5 ❑ 32x10 k . 1 1 i I Y�'ti , u " i P I I L a ' • ' 1 a r �' I I 5:1 � �I� 1 • `.�t PFD �� t ''I 1 LL 1 Y 1 'r,^yi h, y j1 , , t r l � r r � r r, n 1 r I. • , r , L r [ i, �,p,,�� , Y'rJ wKCr iY, ter:M1+4!�;P.Q,NP.A�.14lrM.w,rdltxxlOux6wu+r....._: .�.1...•...+dnw w �w'�n,' i City or Denton City Council Agenda April 7, 1998 Page 6 NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN >' ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY•TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. I , r r Lf 1 e ' 25 x 32 X r � �I •,+ r r I ,. tic N r yy e . C D r 9 � .v. • v ll r. 1 1 9 O t 1 0011" Y 1 I I 1 , r r AGENDA INFORMATION SHEET Agenda No Agenda It AGENDA DATE: April 7p 1998 Date_ DEPARTMENT: Finance CM/DCMJACM: Katby DuBose , SUBJECT— Receive and open bids regarding the City of Denton's General Obligation Bonds,Series 1998. i On April 7, 1998,David Mcdanich of First Southwest Company and Ted Brizzolara III of McCall, Parkhurst and Horton will deliver and open the bids regarding the City of Demon's General Obligation Bonds, Series 1998, The process of opening sealed bids publicly and tabulating them before the City Council is required by City Charter, .1 'fhe $9,660,000 in bonds will be issued to fund various streets and drainage improvements and park improvements, and to pay the costs of issuance associated with tha sale of bonds. The projects were previously approved in 1997.2002 Capital Improvement Program. PRIOR ACTIONIREVIE I�'(Council, Boards,Commissions) On February 3, 1998 the City Council approved ordinance k 98-023 directing the publication of Notice of Intention to Issue City of Denton General Obligation Bonds, ! Series 1998, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date. FISCAL INFORMATION The General Obligation Bonds, Series 1998 will require an average annual debt service a payment of approximately$745,000. 5 l • Rsieccifully submitted:, tl Diana G.Ortiz Director of Fiscal Operations t 1 1 M - ,, 1 25 Cl 32X quo&" I 4 1 r i A44 ', ITil�'Ii�M`1] A W1 ,x'y *'�rM'£F>/M!✓H1•. 'ri n. 11.. ♦a.. ..vr ♦ . .�r n..• ..v r r I I Agenda No. 90 -D��i Agenda Item .5s* Date A AGENDA INFORMATION SHEET :, J AGENDA DATE: Aprll 7, 1998 DEPARTMENT: Finance CMIDCM/ACM: Kathy DuBose i SUBJECT— Receive and open bids regarding the City of Demon's Certificates of Obligation, Series 1998. BACKGROUND i ' I On April 7, 1998, David Medanich of First Southwest Company and Ted$rizzolara ElI of McCall, Parkhurst and Horton will deliver and open the bids regarding the City of rDenton's Certificates of Obligation, Series 1998, The process of opening sealed bids publicly and tabulating them before the City Council is required by City Charter. The $5,625,000 in bonds will be issued to fund a city-wide information management computer system; Police Department radio equipment; renovations to the Denton Municipal Complex; renovations to the Central Fire Station; a city-wide automated flood warning system; and to pay the costs of issuance associated with the sale of the 1 certificates. f The projects were previously approved in 1997-2002 Capital Improvement Program. PRIOR ACTION/REVIEW(Council, Boards,Commissions) On February 3, 1998 the City Council approved ordinance k 98-022 directing the publication of Notice of Intention to issue City of Denton Certificates of Obligation, Series 1998, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date. r FISCAL INFO$ At1F CIO"1 The Certificates of Obligation, Series 1998, will require an average annual debt service payment of approximately$ 364,838, Res eye clfuliy spb itl : Diana 0. Ortiz 0 Director of Fiscal Operations 1 .. 1 ; y i Xx � ?_ 5 ❑ 32 lO i r , r v r n tt,u uw,lr Agenda No 1- X55 ;3 , Agenda item��.�� AGENDA INFORMATION SHEET j AGENDA DATE: April 7, 1998 DEPARTMENT- Finance CM/DCNVACM: Kathy DoBose _ SUBJECT— Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1998, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto; and providing an efTective date. BACKGROUND On April 7, 199S,David Mcdanich of First Southwest Company and Ted Brizzolara III of McCall, Parkhurst and Horton will deliver and open the bids regarding the City of Denton's General Obligation Bonds, Series 1998. The process of opening sealed bids publicly and tabulating them before the City Council is required by City Charter. The 59,660,000 in bonds will be issued to fund various streets and drainage I improvements and park improvements, and to pay the costs of issuance associated with ` the sale of bonds. The projects were pnw7ously approved in 1997.2002 Capital Improvement Program. PRIORACTION/REVIEW(Council,Boards,Commissions) On February 3, 1998 the City Council approved ordinance 4 98-023 directing the publication of Notice of Intention to Issue City of Denton General Obligation Bonds, Series 1998, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date. FISCAL INFORMATION r The General Obligation Bands, Series 1998 will require an average annual debt service 1 l payment of approximately 5745,000. ' Respectful sub i-teed; " I, SiJatlal7r rtiz Director of Fiscal Operations J 1 y I 15 xr � 0 32x ) ❑ ' I t • O , . r . ... i r• a i. ORDINANCE NO. 98- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1998, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO,ANW PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, an election was held on February 24, 1996 at which the City Council was authorized to issue certain of the bonds hereinafter authorized; and WHEREAS,at said election the following bonds were authorized to be issued Amount Prop. Amount Amount Being Previously Voted No. Authorize Issued . _Issued But Unissued 1 $11,112,000 $3,050,000 $3,315,000 $4,687,000 2 7,238,030 3,540,000 1,390,000 2,308,000 3 7,650,000 3,070,000 1,050,000 3,530,000 WTIEREAS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex. Civ. St. Articles 823 and 1175. Article 1X of the City's Home Rule Charter, and other applicable laws,and rl WHEREAS, it is considered to be in the best interest of the City that said interest bearing bonds be issued, NOW. THEREFORE i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A Section 1. AMOUNT AND PURPOSE OF THE BONDS, The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of 59,660,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS, DRAINAGE IMPROVEMENTS AND PARK IMPROVEMENTS. Section 2 DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance 0 shall be designated, "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1998, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without i interest coupons, payable in installments of principal (the "Initial Bond"), but the Initial Bond may O 1r i , h y .ti I .'aasrr» be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of$5,000 or any integral multiple of S5,0W, all in the manner herein- after t shat mean and include collectively he after provided. The terra Bonds as used in this Ordinance Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant bereto, and the term "Bonds" shall mean any of the Bonds. Section 3, MTIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated April 1, 1998, in the denomination and aggregate principal amcwnt of$9,660,000,numbered R-1, payable in annual installments of principal to the initial registered owner thereof,to-wit or to the registered assignee or assignees of said Bond or any portion or portions thereof(in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be ; payable on the dates, respectively,and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The initial Bond(i)may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii)may be assigned and transferred, (iii) may be converted r other Bonds, ry shall have the characteristics and v shall be signed and sealed and"changed fo oth and , and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated,in the FORM OF INITIAL BOND set forth in this Ordinance, Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest iwm the date of the Initial Bond to the respective scheduled due dates,or to the respective dates of + prepayment or redemption,of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance. t A , Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of public Accounts of the State of Texas to be endorsed 4 on the Initial Bond, shall be substantially as follows 2 -�-jR ��' ill,. � 2 5 x a 32 x 1 a - - w 0 , , 1 FORM OF 1MTI&BOND NO. R-1 S UNITED STATES OF AMF,RICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1998 THE CITY OF DENTON, in Denton County, Texas (the Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof(in each case, the"registered owner")the aggregate principal amount of j S DOLLARS) in annual installments of principal due and payable on February 13 in each of the yearn, and in the ` respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL j YEAR AMOUNT YEAR AMOUNT f 1999 $485,000 2009 $485,000 2000 485,000 2010 485,000 2001 485,000 2011 480,000 2002 485,000 2012 480,000 2003 485,000 2013 480,000 2004 485,000 2014 480,000 2005 485,000 2015 480,000 " 2006 485,000 2016 480,000 . 2007 485,000 2017 480,000 2008 485,000 2018 480,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Bond hereinaAer stated, on the balance of each such installment of principal, », respectively, from time to times remaining unpaid, at the rates as follows: % per annum on the above installment due in 1999 _°/@ per annun,on the above installment due in 2000 %per annum on the above installment duo in 2001 %per annum on the above inslallmw due in 2002 �%per annum on the above installment due in 2003 3 0 per annum on the above installment due in 2004 per annum on the above installment due in 2005 °/.per annum on the above installment due in 2406 per annum on the above installment due in 2007 !%per annum on the above installment due in 2008 per annum on the above installment dve in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above instalment due in 2012 ^%per annum on the above installment due In 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 _•/.per annum on the above installment due in 2016 r'/•per annum on the above installment due in 2017 !%per annum on the above installment due in 2018 with said interest being first due and payable on February 15, 1999, and semiannually on each August 15 and February 15 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United Stales orAmerica, without exchange or collection charges. The installments orprincipal and the interest on this Bond are payable to the registered owner hereof through the services of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar' for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on,and payable solely from,funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance")to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Regi!tru by United States mail, first-class postage prepaid,on each Rich principal and/or Interest payment date, to the registered owner hereof, at the sddress of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date(the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer cove- nants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the"Interest and Sinking • Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying AgenvRegistrar is located are authorized by law or executive order to close, then the date for such payment shall be the next oxxeeding day which is not such a Saturday, Sunday, legal holiday, or day p on which banking institutions are authori zed to close; and payment on wch date shall have the same force and effect as if made on the original date payment was due. ' I I 4 tr, 1 0 a x�nea THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS, DRAINAGE IMPROVEMENTS AND PARK ' IMPROVEMENTS. ON FEBRUARY 15, 2008,or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with fitnds derived from any available source, as a whole, or in part, and, if in pan,the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer(provided that a portion of this Bond may be redeemed only in an integral multiple of S3,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given,and if due provision for such payment is n ade, all as provided above,this Bond,or the portion thereof which is to be so prepaid or redeemed, thtreby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shell not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Avznt/Registrar out of the funds provided for such payment The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of$5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issues kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this S Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond,or any portion or portions hereof in any integral multiple of$5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered, Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any suer, portion or portions hereof by the , initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the 1 initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond 'or any portion or portions hereof, but solely in the form and manner as S M�I � � a... j a �� 32X ! 0 9 � - a , O m4from . I provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment,and the Issuer and the Paying Agent/Regisirar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond,to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof,or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of 55,000(subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of.his Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity data AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registraes standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion,or exchange(i)during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to e maturity, within 45 days prior to its prepayment or redemption date IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resign9, or otherwise ceases to act as such,the issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written w notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly O r voted, authorized,issued, sold,and delivered; that all acts, conditions, and things required or proper to be performed,exist,and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed,existed, and been done in accordance with law;that this Bond is a general Obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad valorem taxes 6 � � 4 32XIII , iI. t� 1 r r 1 • r'. r f r 1 0 1 Y r . • r . .. xi:,....1, ,'Ji�N.• 7A..tz �: « rvi,+rr,,. r .r.+..,. ... , .._.. ,....., ,, .._ .:,? � .� sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures,have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit pre- scribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for x inspection in the official minutes and records of the governing body of the Issuer,and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and oountersigned and attested with the manual signature of the City Secretary of the Issuer,has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated April 1, 1948, ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Jack Miller City Secretary,City of Denton, Texas Mayor,City of Denton,Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF TIC COMPTROLLER OF PUBLIC ACCOUNTS: (To be attached to Initial Bond only) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. • I hereby cenify that this Bond has been examined, certified as to validity, and approved by the Ahomey General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this r • 0 • Comptroller of Public Accounts of the State of Texas (T (COMPTROLLER'S SEAL) 7 MIND O I Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS, Re¢i r i Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar")books or records of the registration and transfer of the Bonds(the"Registration Books"),and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed,as herein provided;but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity, Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation,together with proper written instruments of assignment,in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,(i) evidencirg the assignment of the Bond, or any portion thereof in any integral multiple of$5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees, Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof All Bonds issued and delivered in com-ersion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of$5,000(subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance,and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned anL transferred or converted the Initial Bond must be surrendered to the 1 Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the it Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged;and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged, if only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner ; I substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof If any Bond or portion thereof other than the l0ial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney of representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or 8 ;t 9111iMPM ' i O i t portions thereof for transfer of registration, an authorized representative of the Paying i Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or I.onds, having the characteristics herein described, payable to such assignee or assignees (which men will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof; in the sane form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond The Issuer shall pay the Paying Agent/Registrat's standard or customary fees and charges for making such trans- fer and delivery of a substitute Bond or Bonds,but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof(i)during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii)with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary;and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid (c) Payment of Bonds and Interest The Issuer hereby further appoints the Paying AgendReg strar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent Registrar shall keep proper records of all payments made by the Issuer'and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty(30)days thereafter, a new record date for such interest payment(a "Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the . Special Record Date and of the scheduled payment date of the past due interest("Special Payment Date", which shall be fifteen (1 S)days after the Special Record Date) shall be sent at least five(S) t business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the I5th business day next preceding the date of mailing Al" , of such notice (d) Conversion and Exchange or Replacement. Authentication. Each Bond issued and 0 i delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or 11�v principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office 4 ` of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or 9 u � 'i K. 10 3 2 X ' 4..1 i o representatives,with guarantee of signatures satisfactory to the Paying Agent/Re&tru, may, at the option of the registered owner or such assignee or assignees, as appropriate,be converted into and exchanged for fully r,,*stered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance,in the denomination of$5,000, or any integral multiple of$5,000(subject to the requirement hereinafter s,.:ted that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees,in an aggregate principal amount equal to the unpaid or unredeemed principal balance or pri ncipal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner,assignee,or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged;and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond)shall be redeemed prior to its scheduled maturity as provided herein, a substitute fwd or Bonds having the same maturity date,bearing interest at the same rate,in the denomination or denominations of any integral multiple of$5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof(other than the Initial Bond)is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be convened and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest fromithe date of the Initial Bond,but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall beat interest from such next following interest payment date; provided,however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid,then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be,and shall not be, authenticated by the Paying Agent/Registrar,but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a bond, in the form substantially as follows: "PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE tD 0 It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond;and that this Bond has been issued in conversion of and exchange for or replacement of a bond,bonds, or a portion of a bond or bonds of an issue which originally was 10 1 2 �( ffrr 1 yr�na A, T .rya ` �2 X 1 0 r r f e O r Y ' r . ..`..n°•Y�t A�...n Allf I. ".NV�',«r `1r t,dW rY.,..,1, .� .. .n ...n. .. �.,,.. � approved by the Attorney General of the State of Texas and registered by the Comptroller of Public f Accounts of the State of Texas. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION,DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative' An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond,date and manually sign the above Bond,and no such Bond shall be deemed to be issued or out- standing unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof,and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition i printed on paper with lithographed or steel engraved borders of customary weight and strength D Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof,the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registraes Authentication Certificate, the convened and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying AgenvRegistrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i)during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or,(ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its l redemption date (e) In Q:nerAl. Alt Bomis issued in conversion and exchange or replacement of any other ; Bond or portion thereof, (i)shall be issued in fully registered form, without Interest coupons,with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii)may be transferred and assigned, (iv)may be converted and exchanged for other Bonds, (v)shall have the characteristics,(vi) shall be signed and sealed, and(vii)the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. 11 1 32 x C1 a� , MMMMM Ian }•i 1 r• O " r � I . :r , I 1 I � ` „ Y t, ( �• . (� Pivrrnent of Fees and Charges, The Issuer hereby covenants with the registered owners of the Bonds that it will 0) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds,when due,and(d)pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds,and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordirw4e, I (g) . The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the issuer will provide a competent and leggy qu&Med b*trans company,financial institution,or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registru will be one entity. The Issuer reserves the right to,and may,at its option, change the Paying Agee/Registru upon not leas than 120 days written notice to the Paying Agent/Registrar, , to be effective not later than 60 days prior to the next principal or interest payment date after such notice, In the event that the entity u any time acting u Paying Agent/Registru(or its successor by merger, acquiaition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution or other agency to act as Paying AgerwRegistru under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books(or a copy thereof),along with all other pertinent books arnd records relating to the Bonds,to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar,the Issuer promptly wilt cause it written 1 notice thereof to be sent by the new Paying Agernt/Registru to each registered owner of the Bonds, by United States mail, first-elau postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing u such, each Paying Agenl/Regis- tw shall be deemed to have agreed to the provisions of this Ordinance, and a cenified copy of this 1 Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registraes Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be,respectively, substantially u follows,with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. li : ' 1, 1 r I I I 1 0 1 12 z� 10 32XIO rw t I ` O 0 FORM OF SUBSTITUTE BOND (Book-Entry Only Legend, if appropriat e) NJ. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1998 ORIGINAL DATE INTEREST RATE MA' URITY DATE _ OF ISSUE _ ('USA IP N0. ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas(the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof(either being hereinafter called the "registered owner")the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months,from April 1, 1998, to the maturity date specified above,or the date of redemption prior to maturity,at the interest rate per annum specified above;with interest being first due and payable on February 15, 1999, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this Bond is later than the first Record Date(hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date(hereinafter defined)but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges, The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, it the principal corporate trust office of 0 CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "pa)ing Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Na)ing Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agen+ Registrar for such purpose as hereinafter A provided; and such check shall be sent by the Paying Agent/Registrar by United States mail,first-class O O postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by 13 0 macs U any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of,the re; stered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying AgaWRegistrar upon presentation and surrender of this Bond for redemp- tion and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest ;-yment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amot nts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds,when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close,then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close,and payment on such date shall have the came force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated April 1, 1998, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $9,660,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO•WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS, DRAINAGE IMPROVEMENTS AND PARK IMPROVEMENTS i ON FEBRUARY 15, 2008, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in pan, .md, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and desiLnated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of$5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New Ycik(includinE, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of f-mas(including, but not limited to, The Texas Bond Reponvr). Such notice also shall be sent by the Pnyinq Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the Fate fixed for any such redemption, to the registered owner of each Bond to be redeemed ri its address as 4 appeared on the 45th day prior to such redemption date,provided,however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing O thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or 14 ti7�� /A 1 0 t . 1 portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. )f such written notice of red,;mption is published and if due provision for such payment is made, all as provided above, the Bot ids or portions thereof which are to be so redeemed thereby automatically shall be treated as redeerrad prior to their scheduled maturities, and they shall not bear interest after the date fixed for red imption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having ttri same maturity date, bearing interest at the same rate, in any denomination or denominations In any integral multiple of$5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance, THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the,'ssuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of$5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees(which then will be the new registered owner or owners of such E ! new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer I I of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of end exchange for this Bond, r it in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds The Issuer shall pay the Paying Agent/Regi'strar's standard or customary fees and charges for making such transfer,but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Regisirar shall not be required to make transfers of registration of this Bond or any portion hereof(i)during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii)with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. the registered owner of this Bond shall be deemed and treated by the ' Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agentr'Registrar shall not be affected by any notice to the contrary. ALL BONDS OF TNIS SERIES are Issuable solely as fully registered bonds, without interest r coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond 0 Ordinance, this Bond,or any uni rmed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof,be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner,assignee, or assignees,as the case may be, having the same maturity date, and bearing interest 1s 32x ❑ 1' v , , f f R•' °r r � °. 0 i i i I ,.r .•<m .�'.:w 'R.9;:+P'rASrr.'va�'w fM4a id•:4 cl=:,.ky+ua.,r....+:.r.. E3..7..., .- ..:�.-n...»..-«..,..... at the serne rate,In any denomination or denominations in any integral multiple of S5,000 u requested in writing by the appropriate registered owner, assignee,or assignees, as the case may be, upon wr- render of this Bond to the Paying Agent/Registrar for cancellation, all In accordance with the form and procedures sal forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for traradaT4 converting,and exchanging any Bond or any portion thereof, but the one requesting such transfer,conversion, and exchange shall pay any taxes or governmental charges required to be paid with reaped thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange()during the period commencing with the close of business on any Record Date ar,d ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity,within IS days prior to its redemption date. IN THE EVENT any Paying Age vRegistrar for the Bonds is changed by the Issuer, resigns, or otherwise on to act u such,the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted,authorized,issued, sold,and delivered;that all acts, conditions, and things required or proper to be performed,exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,and been done in accordance with law,that this Bond is a general obligation of the Issuer, Issued on the 1611 faith and credit thereof, and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property In the Issuer, and have been pledged irrevocably for such payment, within the lirnit pre- I scribed by law. BY BECOMWO the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance Is duly recorded and available for inspection In the oftall minuter and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. W WITNESS WHEREOF,the Issuer has caused this Bond to be signed with the manual or i • facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or 1 facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issues to be duly Impressed, or placed in facsimile,on this Bond. ATTEST: CITY OF DENTON, TEXAS • B p • • yl B y: Jennifer Walters Jack Miller City Secretary,City of Denton, Texas Mayor, City of Demon, Texas (CITY SEAL) 16 - ��N� �� S K ❑ 32 do EmMM r i i r F ` r 1a00ft ♦ . Ire e .s...r>um.J1 r+,Geroa,..al�rr+.aw •..w... � I j , � r '' x� l ..,.:u..L... t r .+ik;' . FORM OF PAYING AG NTMEGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance descn'bed in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond,bonds,or it portion of a bond or bonds of an issue which ori ginally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas CHASE BANK OF TEXAS,NATIONAL ASSOCIATION,DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND,IF ANY) t i FORM OF ASSIGNMENT: I ASSIGNMENT FOR VALUE RECEIVED,the undersigned registered owner of this Bond,or duly authorized representative or attorney thereof,hereby assigns this Bond to a (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identificatinn Number) s r s :. and hereby irrevocably constitutes and appoints attorney to transfer the registration ofthis Bond on the Paying Agent/Registrar's Registration Books r "' > with full power of substitution in the premises Dcted: 17 25s, 10 3 x10 0 } i rJ`J ♦ Li. •inn . . _ � Signature Guaranteed NOTICE: Signature(%)must be Registered Owner " guaranteed by an eligible guarantor NOTICE: This signature must correspond institution participating in a with the name of the Registered Owner securities transfer association appearing on the face of this Certificate in recognized signature guarantee every particular without alteration or program enlargement or any change whatsoever, Section g. TAX LEVY, A special Interest and Sinking Fund (the "Interest and Sinking Fund")is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer, The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credi°of the Interest and Sinking Fund. During each year while any of the Bonds or interest therear are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund t adequate to pay the principal of its Bonds as such principal matures tout never less than 21ie of the original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection Said rate and amount of ad valorem taxis hereby levied, and is hereby ordered to be levied,against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures,are hereby pledged for such payment, within the limit prescribed by Iaw. Section 10 DEFEASANCE OF BONDS (a)Any Bond and the interest thereon shall be deemed to be paid,retired, and no longer outstanding(a"Defeased Bond")within the meaning of this ' Ordinance, except to the extent provided in subsection(d)of this Section 10, when payment of the . principal of such Bond,plus interest thereon to the due date(whether such due date be by reason of maturity, upon redemption, or otherwise)either (i) shall have been made or caused to be made in accordance with the terms thereof(including the giving of any required notice of redemption), or(ii) shall have been provided for on or before such due date by irrevocably depositing with or making ' available to the Paying Agent/Registrar for such payment (I) lawful money of the United States of T America sufficient to make such payment or(2)Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment,and when proper arrangements have been made by a the Issuer with the Paying Agent/Regisirar for the payment of its services until all Defeased Bonds shall have become due and payable At such time as a Bond shall be deemed to be a Defessed Bond 1 hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from,or entitled to the benefits of,tlw ad valorem taxes herein levied and pledged as provided in this i 18 { i o : Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Reg War may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Govemment Series, which may be in book-entry form - (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provioe and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS (a) Bskij=njDon t In the event any outstanding Bond is damaged, mutilated, lost, stolen,or destroyed,the Paying Agent/Rcgistrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the i Paying Agent/Registrar In every case of loss, theft, or destruction of a Bund, the registered owner applying for a replacement bond shall furnish to the Issuer end to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto Also, In every case of loss, theft, or destruction of a Bord, the registered owner shall 13trnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar ' for cancellation the Bond so damaged or mutilated (c) No Default Oceun4 Notwithstanding the foregoing provisions of this Section, in the event of any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premiurn, if any, or Interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged O i or mutilated Bond)instead of issuing a replacement Bond, provided security or Indemnity is furnished as above provided in this Section. 19 _. _.. FJ 32 1 1.1 r ^ rC 1 , EMMRamumimimim ' p 0 ^I. J t t 14, YMAkm tl Y ' r v t (d) Charge for Issuing Replacement onds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith, Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time,or be enforceable by anyone,and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance, (e) Authority for Indag Baliteement Bond . In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. An. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 12, COVENANTS REOARDINO TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, or to take aiuch action to assure, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended(the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation In furtherance thereof, the Issuer covenants as follows ) (a) to take any action to assure that no more than 10 percent of the proceeds or the Bonds or the projects financed therewith(less amounts deposited to a reserve fund, if any) are used for any"private business use",as defused in section 141(bx6) of the Code, or if more than 10 percent of the proceeds or the projects s financed therewith are soused, such amounts, whether or not received by the issuer,with respect to such private business use, do not, under ` the terms of this Ordinance or any underlying arrangement,directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(bx2)of the Code; (b) to take any action to assure that in the event that the"private business use" described in subsection(a)hereof exceeds five percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the 0 amount in excess of live percent Is used for a "private business use" which is "related" and not "disproportionate",within the meaning of section 14l(bx3)of the Code, to the governmental i use; (c) to take any action to assure that no amount which is greater than the lesser of 1 $5,000,000, or five percent of the proceeds of the Bonds(less amounts deposited into a " 1 reserve fund, ifany)is, directly or indirectly,used to finance loans to persons,other than state or local governmental units, in contravention of section 141(c) of the Code; 0 1 (d) to ref}gin from taking any action which would otherwise result in the Bonds 1 being treated as "private activity bonds" within the meaning of section 141(b) of the Code; 20 e k t� O (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed"within the meaning of section 149(b)of the Code; (f) to refrain from using any portion of the prcceeds of the Bonds, directly or Indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire invewnent property(as defined in section 148(bx2)of the Code)which produces a materially higher yield over the term of the Bonds, other than investment property acquired with•- (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less,or in the can of a refunding bonds,for a period of 30 days or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amoums invested in a bona fide debt service fund, within the meaning of section 1.148-1(b)of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or,in the case of a discount, the issue price)of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code(relating to arbitrage), section 149(8) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d)of the Code(relating to advance«findings);and (h) to pay to the United States of America at lest once during each five-year period(beginning on the date of delivery of the Bonds)in amount that is at least equal to 90 percent of the"Excess Earnings",within the meaning of section 148(Q of the Code and to pay to the United States of America,not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earrings under section 148(t)of the Code. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any)and proceeds of the refhnded bonds expended prior to the date of issuance of the Bonds It Is the • understanding of the Issuer that tH covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion,in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federl • income taxation of interest on the Bonds under section 10)ofthe Code In the event that regulations O • or rulings are hereafter promulgated which Impose additional requirements which are applicable to the Bonds,the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible,in the opinion of nationally-recognized bond counsel,to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code, In furtherance 21 32 X y U i h of such intention, the Issuer hereby authorize and directs the Mayor of the Issuer to execute any documents,certificates or reports required by the Code and to make such elections, on behalf of the Issuer,which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. , In order to facilitate compliance with the above covenant (h), a "Rebate Fund" Is hereby es ablished by the Issuer for the We benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code, Section 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of We proceeds and investment earnings to be used for the purposes described In Section 1 of lids Ordinance(each such purpose referred to herein and Section 14 hereof u a "Project") on Its books and records by allocating proceeds to expenditures within l8 months of the later of the date that (1)the expenditure Is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend We proceeds or investment earnings thereon more than 60 days after the later of(1)the fifth anniversary of the delivery of the Bonds, or(2)the date the Bonds are retired,unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 14, DISPOSITION OF PROJECT, The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting In the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt Status of the Bonds. Section IS. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer hereby designates the Bonds u"qualified tax-exempt obligations"u defined in Section 26*X3) of the Code In furtherance of such designation, the Issuer represents, covenants and warrants the following(a)that during the Wendar year in which the Bonds are Issued, the Issuer(including any subordinate entities)has not designated nor will designate obligations,which when aggregated with the Bonds, will result in more than $10,000,000 of"qualified tax-exempt obligations"being issued; • and(b)that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued, during the calendar year in which the Bonds are issued, by the Issuer(or any subordinate entities)will not exceed $10,000,000. Section 16, CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSELS OPINION,CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the • Issuer is hereby authorized to have control of the Utial Bond issued hereunder and all necessary tD records and proceedings perta;ning to the Initial Bond pending Its delivery and its investigation, examination,and approval by the Attorney General of the State of Texas, and Its registration by the Comptroller of Public Accounts of the State of Texas., Upon registration of the Initial Bond said Comptroller of Public Accounts(or a deputy designated in writing to act for said Comptroller) shall 22 f.J 32XIO e • o L . , . 1 i manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond,but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds The preamble to this Ordinance is hereby adopted and made a pan hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 17. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to . for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of S . It is hereby officially found, detenninei, and declared that the Initial Bond has been sold at public We to the bidder offering the lowest interest cost, afler receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated March 24, 1996, prepared and distributed in connection with the We of the Tnitial Bond, Said Official Notice of Sale and Bidding Instructions and Official Statement,and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby approved It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council Section 18. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the in iestment of proceeds from the We of the Initial Bond shall be used along with other bond proceeds far the acquisition and c.)wnction of the improvements for which the Bonds are issued; provided flat after completion of such improvements,if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking fund It is further provided, however,t'-at any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section Section 19. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and the Depository Trust Company("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has • represented that it Is a limited purpose trust company Incorporated under the laws of the State of New York,a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section f 7A of the federal Securities Exchange Act of 1934, as amended,and the Issuer accepts,but in no way verifies, such representations The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it Is a condition of delivery and We that the 0 Purchaser, Immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for ' 0 0 in this Ordinance, to cancel said Initial Bond and de!iver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered In the name of CEDE dt CO , the nominee of DTC, and it shall be the.duty of the Paying Agent/Registru to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or The DTC 23 32XID 1 O 1 a h Official Statement referred to and approved In Section Participants, a defined and described in the O P � PP � In the name of CEDE k CO. 16 hereof(the DTC Participants ), So kxrg a each Boyd Is registered , the Paying Agent/Registrar shall trot and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will Identify beneficial ownership of the Bonds by DTC Participants in integral amounts of$5,000, r OT Participants pursuant with uansfen of ownership ffect ed on the records of DTC and the C Part P P P�8 to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilised and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer Is not responsible or liable for any functions of DTC,will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintalra&supervising,or reviewing the records of DTC or the DTC Participants,or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all aRangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC, The Issuer does not represent, nor does it in any way covenant that the Initial book-entry system established with DTC will be maintained in the fbture. The Issuer reserves the right and option at any time in the future, in its We discretion, to terminate the DTC (CEDE dr CO.)book-entry only regis- tration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance, Notwithstanding the initial establishment of the foregoing book-entry system with DTC,if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for In this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds, Section 20. CONTINUTNO DISCLOSURE, (a) Annual Reports. (i) The Issuer shall provide annualiy to each NRMSTR and any SID,within six months after the end of each fiscal year ending in or after 1998, financial information and operating data with respect to the Issuer of the general type included In the final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be(I) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles u the Issuer may be required to employ from time to time pursuant to state law • or regulation, and(2)audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal { year to each NRIVISIR and any SID, when and if the audit report on such statements become available. 0 Q • J (Ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any 51D of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial Information and operating data lobe provided pursuant to this Section may 24 32 Ice 1 t� f n ` d i O Vila }A'A be set forth in foil in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSM or the MSRB, in a timely manner,of any of the following events with respect to the Bonds, if such event Is material within the meaning of the federal securities laws: I. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; S. Substitution of credit or liquidity providers, of their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; I 7. Modifications to rights of holders of the Bonds; 8, Bond calls; 9. Defeasances; 14. Release, substitution,or sale of property securing repayment of the Bonds; and 11. Rating changes The Issuer shall notify any SID and either each NRMSIR or the MSRB, In a timely manner,of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection i h (c) 1imitati9ns.Disclaimers.and Amendments. (1) The Issuer shall be obligated to observe • and perform the covenants specified in this Se6on for so long n, but only for to long u,the Issuer remains an "obligated person"with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b)hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and • beneficial owners of the Bonds,and nothing in this Section, express or Implied, shall give any benefit tD • or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements,and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the 23 32 x I Cl O t. L s lss per's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein, The Issuet does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (w) UNDERNO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER,WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obiigctions under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Soction is intended or shall act to disclaim, waive,or otherwise limit the duties of the Issuer under federal and state securities laws. 1 (v) The provisions of this Section may be amended by the Issuer from time to time to adapt 11 to changed circumstances that arise from a change in legal requirements, a change in law, or a change y in the identity,nature, status,or type of operations of the Issuer,but only if(l)the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations o£the Rule since such offering as well as such changed circumstances and(2) either (a)the registered owners of a majority in aggregate principal amount(or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel)determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection(a)of this Section an explanation, in narrative fora, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided The Issuer may also amend or repeal the provisions of this continuing al disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below 6 "MSRB" means the Municipal Securities Rulemaking Board. 26 " �""l K C1 32xIII 0 t / ` h 0 r V / w • • • / I I 1 � 1 z p Ct t g "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally < ' recognized municipal securities information repository within the meaning oft!,.--Rule from time to time. "Rule" means SEC Rule 15c2.12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. ' Section 21. FURTHER PROCEDURES, The Mayor of the Issuer, the City Secretary of the Issuer,and all other officers, employees,and agents of the Issuer, and each of them, shall be and they ,, are hereby expressly authorized, empowered, and directed from time to time and at arty time to do and perform all such acts and things and to execute, acknowledge,and deliver in the name and undar the corporate seal and on behalf of the Is uer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance,the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement; and the ' Assistant City Manager/Finance of the City shall cause the exponses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond or from any other lawfully available funds of the Issuer. In case any officer whose sigature shall appear on any Bond shall cease to be such officer Wore the delivery of such Bond, such signature shill nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 22, OPEN MEETINGS, The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in a000rdance with the provisions of the Texas Open Meetings,Law, Tex. Gov't. Code,Chapter $51, as amended. Section 23. EFFECTIVE DATE This Ordinance shall become effective immediately upon , its passage and approval. I . 1 .if I 1 i 27 1 vl I" 2 r n yn n '3 L.1 �7 G X L.1 t r ' � Y u 4 a y � i � M A<♦ f � I � 4 � 1 �1 'f LAW" « v>�ie520*+�y�� +3t2tl�el,rwwuy. ..l � , u ° � � t ' fro !' i t ,• �;. PASSED AND APPROVED this the 7th, day of April, 1948. 'l lack Miller, Mayor ATTEST: Jennifer Walter,City Secretary By' t, APPROVED AS TO LEGAL FORM: " � 1 Herbert L.Prouty, City Attorney ; q' By y , i • 0 0 t/ 28 Y'r t, � r 32X , /� t J � 7 e �• � 1 raj�i'J'4f Y I >,. �� , X � r �� �1nP t 4 , I y'"K 'ye 9� r�k, � It tj 'T.i �I 1 \ 1 �,`� Y � :�'� � it ti y��.'. f �� /I 1 fir, x � •�,AF. � 7 f.: V`. Ij 1 � i I ` h , Y 1• t 4 1 'ri' K ` _rl i r ♦ Ay'.Y14 „t1, i ;Y J ��f IY 4Sr aJt Vb tl(S�"L r 1 � � Av ' xY1 f f, , t�.CG I„�. 1. �', i ,.�h�EA�k! r,� J�Lx , .9 � 1 SY✓ �r",��1 i { i ...aw,JaL'Li >� �...�'3T�AtY/Ldl•�W�a.nu..ft .,-....«t ....w.'S.'uu..r.✓..r;n..un1Y.'..:+r:1.. � ..,tw.1 1 : 1 I ! EXHIBIT A r DESCWTION OF ANNUAL FINANCIAL INFORMATION Y The following information is referred to in Sedan 20 of this tkdmaruce: Annual Financial Statements sad Operating Data The financial'udormation and operatirgl data with respect to the Issuer to be provided annually in accordance with such Section are u specified (and included in the Appendix or under the tables of the Official Statement referred to)below. Tables numbered I through 14, inclusive, under the captions "Tax Information'. "Debt Service Requirements" and "Financid Information" in the O&W Statement r Appendix B in the Official Statement. _ 1 t v A ` Accounting Principle ; Y ' The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. _ r r 1 ti , .r 5 X • ! tr 1 1 k ' ( 1 v , 7, In 1 F ` I i 1 !WWOM 4 .,. .:f�..S4nwH+.:4�['�,Y."t''F'du'�1'-F:b'+FgAV , nl . .,wan k,J w.rcarmlwo r:e. .,.ra.'.. -.H�••-. � « •• � •I 1 A-•V . n Agenda No r / Agenda Item i1ue.� AGENDA INFORMATION SHEET M AGENDA DATE: April7, 1998 DEPARTMENT: Finance CM/DCM/ACM: Kathy DuRose I ,SUBJECT— Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1998, and approving and authorizing instruments and procedures relating thereto; and providing an effective date, BACKGROUND On April 7, 1995,David Medanich of First Southwest Company and Ted Brizzolara III of McCall, Parkhurst and Norton will deliver and open the bids regarding the City of Denton's Certificates of Obligation, Series 1998. The process of opening sealed bids publicly and tabulating them before the City Council is required by City Charter. The 55,625,000 in bonds will be issued to fund a city-wide information management computer system; Police Department radio equipment; renovations to the Denton Municipal Complex; renovations to the Central Fire Station; a city-wide automated flood warning system; and to pay the costs of issuance associated with the sale of the certificates. The projects were previously approved in 1997.2402 Capital Improvement Program. PRIOR ACTION/REVIEW(Council, Boards,Commissions) On February 3, 1998 the City Council approved ordinance N 98-022 directing the publication of Notice of Intention to Issue City of Denton Certificates of Obligation, Scrics 1998, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date! y FISCAL NFORMATION The Certificates of Obligation, Series 1998, will require an average a%nual debt service payment of approximately S 364,838. Respectful submitted: O f �' tans G.Orlin Director of Fiscal Operations El W C 0 V ORDINANCE NO. 98- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1998, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS,the Certificate of Obligation Act of 1971, as amended and codified(the "Act") permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1, AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of$5,625,000, for the purpose of paying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property,to-wit: (a)a city-wide information management computer system, (b) police department radio equipment, (c)renovations to the Denton Municipal Complex, (d) renovations to fire stations and (e)a city-wide automated flood warning system,and also for the purpose of paying all or a portion of the City s Contractual Obligations for professional services of Engineering, Attor• neys, and Financial Advisors in connection with the above contracts and said.Certificates of Obligation. Section 2. DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1999", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or convened Into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons,having serial maturities,and in the denomination or denominations of$5,000 or any integral multiple of$5,000, all in the manner hereinafter provided The term "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates ex- changed therefor, as well as all other substitute certificates and replacement certificates issued 0 pursuant hereto, and the term "Certificates" shall mean any of the Certificates. C ;'9' 1. I y 61: 1r(40 P� t r, � 13}+ ../ Y �r 4 �. � A �n S .I'4 Y i j �/ t•SF a�� h�� e,v4 } . 1 I+ . i Y ,.wt^vn>a rhw '� 4. v _+,♦~� .w....:.,[�1 .21.��.4 ;'a,ti.51k,:{..a,!..n..- . asw 7.+,w,«eta .... , 1 Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, IMTIAL r REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder " as a single fully registered Certificate, without interest coupons, dated April 1, 1998, in the denomination and aggregate principal amount of$5,625,000, numbered R-1, payable in annual ' installments of principal to the initial registered owner thereof:to-wit: or to the registered assignee or assignees of said Certificate or any portion or portions thereof(in each case,the"registered owner"),with the annual imtallrnenta of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal arraourats, respectively, slued in the y' s FORM OF INITIAL CERTIFICATE set forth in this Ordinance. (b) The Initial Certificate n may be assigned and transferred, (ii) may be com alai and f r exchanged for other Certr6gtes,('m)shill have the cheracteriatics and ('N)shall be signed and sealed, and the principal of and interest on the initial Certificate shall be payable, all as provided,and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. o Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Cagwe to the respective scheduled due dues of the installments of principal of the Initial Certificate,and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this t Ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Irtitial Cerificate,including the form of Registration Certificate of the Comptroller of public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows; Nil 1 mot. I 1 2 a: 2ix ] 32XID { ! 1 ! 0 ! n ! 1 , r , FORM OF NTIAL CERTIFICATE NO. R-i S UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1998 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a poetical subdivision of the State of Texas,hereby promises to pay to or to the registered assignee or assignees of this Certificate or any portion or portions hereof(in each case,the"registered owner")the aggregate principal amount of S ( DOLLARS) in annual installments of principal due and payable on February 15, 1999 in each of the years, and in the respective principal amounts, as set forth in the following schedule: 1 PRINCIPAL PRINCIPAL YEAR AM9UNL YEM AMOUNT 1999 $555,000 2009 S 60,000 2000 690,000 2010 65,000 2001 725,000 2011 70,000 2002 770,000 2012 70,000 2003 805,000 2013 75,000 2004 370,000 2014 80,000 2005 395,000 2015 85,000 2006 410,000 2016 90,000 2007 55,000 2017 95,000 • 2008 60,000 2016 100,000 1 and to pay interest,calculated on the basis of a 360•day year composed of twelve 30-day months, from the date of this Certificate hereinaRer stated, on the balance of each such installment of principal,respectively, from time to time remaining unpaid, at the rates as follows: • _°/a per annum on the above installment due in 1999 p • �'/• per annum on the above installment due in 2000 per annum on the above instalment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2003 3 K 32x1 0 r v c V P :AM,VI _% per annum on the above installment due in 2004 per annum on the above installment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 '/• per annum on the above installment due in 2008 _% per annum on the above installment due in 2009 per annum on the above installment due in 2010 _% per annum on the above installment due in 2011 % per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 ^% per annum on the above installment due in 2017 _% per annum on the above installment due in 2018 with said interest being first due and payable on February 1 S, 1999, and semiannually on each August 13 and February IS thereafter while this Certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENT'S OF PRINCIPAL OF AND THE DI EREST ON this Certificate are payable in lawful money of the United States of America,without exchange or collection charges. The installments of principal and the interest on this Certificate are payable to the re& red owner hereof through the services of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS,which is the "Paying AgenNRegistru" for this Certificate. Payment of all princi- pal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such dale,drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate(the "Certificate Ordinance")to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided;and such check shall be sent by the Paying Agea Registrar by United States mail,first-class postage prepaid,on each such principal and/or interest payment date,to the registered owner hereof, at the address of the registered owner,as it appeared at the close of business on tht last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, at hereinafter described. The Issuer covenants with the registered owner of this Ceitificate that on or before each principal and/or interest payment date for this Certificate it will make available to the 1 Paying Agent/Registrar, from the"Interest and Sinking Fund"created by the Certificate Ordinance, I the amounts required to provide for the payment,in immediately available funds,of all principal of and interest on this Certificate, when due. IF THE DATE for the payment of the principal of or Interest on this Certificate shall be a ! Saturday, Sunday, a legal holiday,or a day on which banking institutions in the City where the Paying ' S Agent/Registrar is located are authorized by law or executive order to close,then the date for such C payment shall be the noa succeeding day which is not such a Saturday, Sunday, legal holiday,or day on which banking institutions are authorized to close; and payment on such late shall have the same force and eflft-t as if made on the original date payment was due. 4 32XIO . �a ,N 0 4 THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of$5,625,000 for the purpose of paying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property,to-wit: (a)a city-wide information management computer system, (b)police department radio equipment,(c)renovations to the Denton Municipal Complex, (d)renovations to fine stations and(e)a city-wide automated flood warning system; and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attor- neys, and Financial Advisors in connection with the above contracts and said Certificates of Obligation. ON FEBRUARY 15,2008,or on any date whatsoever thereafter, the unpaid installments of principal of this Certifiate of Obligation may be prepaid or redeemed prior to their scheduled due dates,at the option of the Issuer,with fivsds derived from any available source, as a whole, or in part, ar4 if in part,the particular portion of this Certificate of Obligation to be prepaid or redeemed sMlI be selected and designated by the Issuer(provided that a portion of this Certificate of Obligation may be redeemed only in in integral multiple of$5,000),at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying AgenURegistrar for the payment of the required prepay- ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re- deemed,plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above,this Certificate,or the portion thereof which is to be so prepaid or redeemed, thereby li automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, trd shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption w price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion'.rereo£ THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid • portion hereof in uty integral multiple of$5,000, may be assigned by thr initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar wing in She capacity of registrar for the Cenificates, upon the terms and conditions set forth in the.:crtificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment,in form and with guarantee of signatures satisfactory to the Paying 0 Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or .ny p 0 portion or portions hereof in any integral multiple of$5,000,to the assignee or assignees in whose Yir name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered Arry instrument or instruments of assignment satisfactory to the Paying Agent/Registter maybe used to evidence the assignment of this Certificate or any such portion or portions hereof by S 1, r ! � r � 1• 1 O t \ • 1 . u • 1 f. the initial registered owner hereof A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates)or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner,shall be delivered by the Paying Agent/Regis- trar in conversion of and exchange for this Certificate or any portion or portions hereof,but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate,to the extent of the unpaid principal balance hereof,nuy be converted into and exchanged for alike aggregate principal amount of fully registered certificates,without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of$5,0W (subiect to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date),upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures am forth in the Certificate Ordinance, If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shali have only one stated principal maturity date, AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees,but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof,but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto, The Paying Agent/Registrar shall not be required to make any such assignment,conversion or exchange during the period commencing with the close • of business on any Record Dale and ending with the opening of business on the next following i principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to as as such,the Issuer has covenanted In the Certificate Ordinance that ' it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause • written notice thereof to be mailed to the registered owner of this Certificate. O • IT 1S HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued,and delivered;that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization issuance, and delivery of this 6 32x10 w 4.. 4 ,�`i 5', '; j1 > y i 4 t, \y.,. �,• 1 ty �- d' .1,� r A e 4, ' 2 j 51 tV f • ! 1 MOM • r i- I v. F y jr Certificate have been performed,existed,and been done in accordance with law;that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes efficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such princpal matures, have been levied and ordered to be levied against all taxable property in the Issuer,and have been pledged irrevocably for such payment,within the limit prescnlW by law, and that, together with other parity obligations, this Certificate additionally is payable from and segued by certain surplus revenues (not to exceed $10,000 in y' aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system),all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue,in accordance with law, and in accordance with the Certificate Ordinma,other and additional obligations, and to enter into contracts,payable from ad valorem taxes andlor revenues of the City's Utility System on a parity with, or with respect to said rever!3es, superior in lien to,this Certificate. BY BECOMING the registered owner of this Catificate, the registered owner thereby acknowledges all of the tens and provisiom of the Certificate Ordinance,agrees to be bound by such terms and provisions,ackwAAges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes W records of the governing body of the Issuer,and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. 1 IN WITNESS WHEREOF,the Issuer has caused this Certificate to be signed with the manual signature of the Mayor of the Issuer and countersigned and attested with the manual signature of the City Secretary of the Issuer, has caused t%—,official seal of the Issuer to be duty impressed on this Certificate,and has caused this Certificate to be dated April 1, 1998. ATTEST: CITY OF DEMON, TEXAS By: By: Jennifer Walters lack:Miller i { Is City Secretary, City of Denton,Texas Mayor, City of Denton,Texas (CITY SEAL) E �s O (INSERT BOND INSURANCE LEGEND,IF ANY) 0 7 1 --�-,, - -» 25 x 10 32X I err 0 d FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COWTROLLER'S REGISTRATION CERTIFICATE: REGISTERNO. 1 hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTR01!.ER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Rtaistraflo gr�Q Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS (the 'Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"),and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided, The Paying Agent/Registrar shall obtain and retard in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided;but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in j vaiting of the address to which payments shall be mailed, and such interest payments shall not be maned unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential w.1, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration;3ooks only upon presentation and scrrender of such Certificate to the Paying Agent/Regisira- for transfer of registration and cancellation, together with proper written instruments of assignment, it farm and with guarantee of signatures satisfactory to the Paying • Agent/Registrar, (i)midencird the assigrunent of the Certificate,or any portion thereof in any integral multiple of S5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the CerAcate or any such portion thereof registered in the name of such assignee t or assignees. Upon tha assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manna herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be • assigned and transferred by the initial registered owner thereof once only, and to one or more p • assignees desigrated in writing by the initial registered owner thereof All Certificates issued and de- livered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of$5,000(subject to the requirement hereinafter stated that each substitute Certificate 4all have a single stated principal maturity date), shall be in the form 13 El g 1 . 1. prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics,and may be assigned. transferred,and converted as hereisnattor provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date,and shall not be payable in installrnw t ,and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certi5we shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being ex- changed. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the nitial registered owner substitute Certificates in exchange for the unassigned balance of the Initial Certificate in the sang manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate,excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorised attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration,an authorized representative of the Paying Agent/Registrar shall make such tra:-isfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates,having the characteristics herein described, payable to such assignee or assignees(which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof,in the same form and manner, and with the same effect, as prodded in Section 6(d),below, for the conversion and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying Agent/Registraes standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates,but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfe s of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Dale and ending with the opening of business on the next following principal or interest payment date. (b) Ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for • all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall rot be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid, (c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper.records of all payments made by the Issue and the paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges 9 ti 0 i smnru 0 ruvr"ai of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a "Special Record Date")will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest("Special Payment Date",which shall be fifteen(1 S)days after the Special Record Date) shall be sent at least five(5)business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchange o r Repl&cement. Authentication. Each Certificate issued and delivered pursuant to this Ordinance,to the extent of the unpaid principal balance or principal amount thereof, may,upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar,together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized a+torneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropri ate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of$5,000, or any integral multiple of 55,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner,assignee, or assignees, as the case may be. If the Initial Certificate is as;igned and transferred or converted each substitute Certificate issued in exchange for any portion t f the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute( rtificate is being exchanged,and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged, If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in 1 exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate The Paying Agent/Registrar shall convert and • exchange or replace Certificates as provided herein, and each fully registered certificste delivered in comersion of and exchange for or replacement of any Certificate or portion thereof as permitted ur required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance,and may again be converted and exchanged or replaced. It is specifically provided t that any Certificate authenticated in conversion of and exchange for or replacement of another } Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest • from the date of the Initial Certificate,but each substitute Certificate to authenticated after such first p scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Certificate was to authenticated, unless such Certificate is Authenticated a.Rer any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date,provided, however, that if at the time of de- 10 0 1 livery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not ba, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or i Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially . as follows: "PAYINO AGENT/REGISTRAR'S AU'T'HENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate, and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS,TEXAS Paying Agent/Registrar Dated BY Authorized Representative" An authorized representative of the Paying Agent/Reotrar shall,before the delivery of any such Certificate,date and manually sign the above Certificate,and no such Certificate shall be deemed to be issued or outstanding unicss such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders,or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernonb Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof,the duty of conversion and exchange or replacement of Certificates as A aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registmes Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, convening, artd A exchanging any Certificate or any portion thereof, but the one requesting any such transfer, p r conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during the period commencing with the close of I1 _ 32xi El "��: t4 0 business on Lay Record Date and ending with the opening of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion And exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereot; (6)may be transferred and assigned,(iii)may be converted and exchrnged for other Certificates,(iv) shall have the characteristics, (v) shall be signed and sealed, And(vi)the principal of and interest on the Certificates shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. (0 Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payrnent of the principal of and interest on the Cenificates,when due, and (d)pay the fees and charges of the Paying Agent/Registrar for ser%ices with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent Above provided in this Ordinance (g) Substitute PAVln2 Aaen!/Registrer. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank,trust company,financial institution,or other Agency to act As and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that 1 the Paying AgenvRegistrar will be one entity. The Issuer reserves the right to,and tray, at its option, change the Paying Agent/Regisirar upon not less than 120 days written notice to the Paying Agent/Registrar,to be eiTwtive not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Ik4stret (or its successor by merger,acquisition,or other method)should resign or otherwise cease to act as such the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company,financial institution,or other agency to ad as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar,the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books(or a copy thereof), along with all other pertinent books and records relating to the Cenificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Regiscrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agemlltegistrar to each registered owner of the Certificates, by United States mail,first-class postage prepaid,which notice also shall give the address A of the new Paying Agent/Registrar. By accepting the position and perforating as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7, FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof,including the 0 form of Paying AgenURegistra's Certificate to be printed on each of such Certificates,and the Form O L of Assignment to be printed on each of the Certificates,shall be, respectively, substantially as follows, b with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance 12 •,.revs 0 t FORM OF SUBSTITUTE CERTIFICATE (Book-Entry Only Legend,if appropriate) NO. _ UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1998 ORIGINAL DATE INTEREST RATE MAUNRY DAATE OF ISSUE CUSIP �. ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas(the "Issuer"), being a political subdivision of the State of Texas,hereby promises to pay to or to the registered assignee hereof(either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from April 1, 1998, to the maturity date specified above, at the interest rate per annum specified above;with interest being first due and payable on February 15, 1999,and semiannually on each August 1 S and February 15 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date(hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined)but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. , S , THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection chuges The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the"Paying Agent/Registrar" for this • Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar O to the registered owner hereof on each interest payment date by check dated as of such interest payment date,drawn by the Paying Agent/Registrar on, and payable solely from funds of the Issuer required by the ordinance authorising the issuance of the Certificates(the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such 13 d" 0 0 I i check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner,as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Aga*lkegistrar and requested by, and at the risk and expense of, the regis- tered owner hereof The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date,interest payment date,and accrued interest payment date for this Certificate it will make available to the Prying Agent/Registrar,from the "Interest and Sinking Fund" created by the Certificate OrdinarKe,the amounts required to provide for the payment,in immediately available funds, of all principal of and interest on the Certificates, when due, IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday,Sunday,a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorised by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially Sated April 1, 1998, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $3,625,000, for the purpose of paying all or a portion of the Citys Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property,to-wit: (a)a citywide information management computer system, (b) police department radio equipment, (c) renovations to the Denton Municipal Complex, (d) renovations to fire stations and (e)a city-wide automated flood warning system; and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attorneys, and Financial Advisors in connection with the above contracts and said Certificates of Obligation. ON FEBRUARY 15, 2008, or on any date whatsoever thereafter, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in pan, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (prodded that a portion of a Cenifiate may be redeemed only in an integral multiple of$5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fared • for redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- 1 ment or redemption price for this Certificate or the portion hereof which is to be to prepaid or re- 0 " deemed,plus sccrued interest thereon to the date fixed for prepayment or redemption. If such written i notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above,this Certificate,or the portion thereof which is to be so prepaid or redeemed,thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not 14 32 X Pm` 0 SWANN 0 bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Regislrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof, THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF$5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying AgentRegistrar,evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of$5,000 to the assignee or assignees in whose name or mates this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner cr its duly authorized attorney or representative, to evidence the assignment hereof, A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying AEenvRegistrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commending with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes,including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not b:atTmed by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fuliy registered certificates, • without interest coupons,in the denomination of any integral multiple of$5,000, As provided in the Certificate Ordinance,this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee,or assignees,is the case may be, having the same maturity date,and bearing interest at the same rate, in any denomination or denominations in any integral multiple of$5,000 as requested in • writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon Sur• p • render of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance, The Issuer shall pay the Paying t Agent/RegiAmes standard or customary fees and charges fur transferring, converting,and exchanging any Certificate or any portion thereof,but the one requesting such transfer, conversion,and exchange i IS C ' li' C Y. 5 per,• tlt 0 j •' s. f ,'s � ''i r I r F f , - J i c f r i vw.......+.........h`J.�r,.•�..r:w i shall pay any taxes or governmental charges required to be paid with respect thereto as it condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar WW rat be required to mike any such oomersion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next follow- ` ing principal or interest payment date. IN THE EVENT any PAY'"AgerwRegistrar for the Certificates is changed by the Issuer, i. resigns, or otherwise ceases to ad as arch,the Issues has covenanted in the Certificate Ordinance that i h promptly wdi appoint a competent and legally qualified substitute therefor,and will promptly cause written notice thereof to be mailed to the registered owners of the Certificates. ; IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorised,Issued,and delivered;that all acts,conditions,and things required or proper to be f performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed,existed, and been done in accordance with law, that this Certificate is a general obligation of the Issuer, Issued on the full faith and credit thereof; and that annual ad i valorem taxes sufficient to provide for the payment of the interest on and principal cf this Certificate, ry'' as such interest comes due and such principal matures, have been levied and ordered to be levied "= against all taxable property in the Issuer,and have been pledged irrevocably for such payment, within the limit prescribed by law,and that,together with other parity obligations, this Certificate, and the 1 other Certificates of this Series,additionally are payable Gan and secured by certain surplus revenues D t (not to exceed $10,000 in aggregate amowu)derived by the Issuer from the ownership and operation ' of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance, THE ISSUER has reserved the right to 69A in accordance with law, and in accordance with the Certificate Ord'uance,otter and additional obligations, and to enter irto contracts, payable from ad valorem taxes and/or revenues of the City's Utility System,on a parity with,or with respect to said revenues, superior in lien to,this Certificate. r BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions,acknowledges that the Certificate Ordinance is duly recorded and available for € inspection in the official minutes and recrrds of the governing body of the 1,-w, and agrees that the ' terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between • each registered owner hereof and the Issuer. 1 v r i � r 16 i r c yA' idril Fu'S'�V, L 1 L • c , y r n 0 n k 1 S:llglO � r r r r r t _,._.: ..r_.... _._... r .l-..�..�; . ........ „�,:...W :.w,..�+... ......:, a .. ...: i i IN WIZNESS WHEREOF,the Issuer has caused this Certi6exie to be signed with the manual or fsairrale sigruture of the Mayor of the Issuer and rountersigned and attested with the manual or facsimile signature of the City Secretary of the lasuer, and has caused the official seal of the Issuer k to be duly impressed,or placed in facsimile, on this Certificate. a ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Wahers Jack Miller City Secretary,City of Denton,Texas Mayor, City of Denton, Texas (CITY SEAL) r FORM OF PAYING AGENT/REGISTRAR'c AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE , It is hereby caded that this Certificate has been issued under the provisions of the Certificate Ordnance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchenge for or replacement of a certificate, certificates, or a portion of a - certificate or certificates of an issue whicb originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 1 I CHASE BANK OF TEXAS,NATIONAL ASSOCIATION, DALLAS, TEXAS' Paying Agent/Registrar r Dated By A,oborized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) • r 17 , s„ r' 25 x Q � �32 x o FORM OFASSIGNb1ENT; ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identifiustion Number and hereby irrevocably constitutes and appoints attorney to transfer tt a registration of this Certificate on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated Signature Guaranteed. NOTICE. Signature(s) must be Registered Owner guaranteed by an eligible guarantor NOTICE: This signature must institution participating in a correspond with the name of the securities transfer association Registered Owner appearing on recognized signature guarantee the face of this Certificate. program. Section 8. TAX LEVY. A s2ecial Interest and Sirking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of The Certificates, and the Interest and Sinking Fund A shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall 4 compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and 0 produce the money required to pay the interest on the Certificates as such interest becomes due, and �r+ to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (bu? never less than 2% of the original principa: amount of the Certificates as a sinking fund each year);and said tax shad be based on the latest approved tax t,)lls of the Issuer, with l8 � G� 32x � �� 0 0 a U allowamt bang made for tax delinquencies and the cost of tax collection. Said rate and amount of pd valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and cAticted each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said rd valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates,as sucb interest comes due and such principal matures,are hereby pledge i for such payment, within the limit prescribed by law. Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system)remaining after(a)payment of a0 amounts constituting operation and maintenance expenses of said Utility System, and (b)payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorizing(i) all bonds and (ii) all other obligations not on e paity with the Certificates,which are payable from and secured by any Utility System revenues, and (c)lsymem of all amounts payable from any Utility System revenues pursuant to contracts heretofore or h.xeafter entered into by the Issuer in accordance with law(the "Surplus Revenues"). If; for any reek,n, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay,when due,the principsl of and interest on the Certificates,then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the interest and Sinking Fund and used to pay such principal and/or interest. A mardmum aggregate of$10,006 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of$10,000. Until and unless an aggregate of$10,000 of Surplus Revenues actually is used to pay any such principal arWor interest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of$10,000 of Surplus Revenues,may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations,with the Certificates and all such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts,in accordance with applicable laws, to be payable from and seared by any Utility System revenues other than the aggregate of$10,000 of Surplus Revenues as described above. The Certificates are on a parity with those issues of City of Denton Certificates of ' • Obligation, Series 1987, Series 1987-A, Series 1989,Series 1989-A, Series 1991, Series 1992, Series I 1993, Series 1993-A, Series 1994, Series 1995 and Series 1996 (the "Outstanding Certificates"), as permitted in the Ordinances authorizing same;and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay pay principal and/or interest on the Outstanding Certificates. 1 I • Section 10, DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest 0 thereon shall be deemed to be paid, retired, and no longer outstanding(a "Defeased Cart:rca,a") within the meaning of this Ordinance, except to the extent provided in subsection (d)of thin Secti)t, when payment of the p"pal of such Certificate, plus interest thereon 10 the due date either ()4,48 I have been made or caused to be made in accordance with the terms thereof, or(ii)shall have be!n i 19 32x10 i .a a i " provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment(l)lawful money of the United States of America sufficient to make such payment or(2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and p"yabh. At such time as a Certificate shall be deemed to be a Defeased Certi6uete hereunder,as aforesaid, such Certificate sad the interest thereon shall no longer be secured by, payable from or entitled to the benefits of,the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which su.t. ;Honey has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are un,:onditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. { (d) Until all Defeased Certificates shall have become due and payable, the Paying 1 Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance Section 11, WMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES (a) Replacement Certificates In the event any outstanding Certificate is damaged, mutilated,lost, stolen,or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost,stolen, or destroyed Certificate, in replacement for such Certificate • in the manner hereinaller provided. (b) AppJgation for Replacement Certificates Application for replacement of damaged, mutilated, lost,stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Regisirar, In every case of loin, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying • Agent/Registru such security or indemnity as rosy be required by them to save each of them harmless p • from any loss or damage with respect thereto. Also, in every case of loss, theft,or destruction of a ` i� Certificate,the registered owner shall furnish to the Issuer and the Paying Agent/Registru evidence to their satisfaction of the loss,theft, or destruction of such Certificate,as the case may be. In every 20 i 32x10 Y 1 � V • O case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then confirming in the payment of the principal of,or interest on the Certificate, the Issuer may authorize the payment of the same(without surrender thereof except in the can of a damaged or mutilated Certificate)instead of issuing a replacement Certificate,provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate,the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to All the benefits of this Ordinance equally and proportionately with any and all other Certificates duly 1 issued under this Ordinance. (e) Authority for Issuing Rdac&=t CertiflW , In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying AgenURegistrair shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d)of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS,PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration ofthe Initial Certificate said Comptroller of Public Accounts (or a deputy designated in A writing to act for said Comptroller)shall manually sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any I Certificates issued and delivered in conversion of and exchange or replacement of any Certificate,but neither shall have any legal effect, and shall be solely for the convenience and information of the d registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made C a part hereof for all purposes. If insurance is obtained on any of the Certificates, the Initial Certificate 1t and all other Certificates shall bear an appropriate legend concerning insurance as provid-I by the insurer. 21 , r 1 1 • r � r � • i 1 r a r • Section 13. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, the treatment of the Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended(the "Code"),the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof,the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the procxds of the Certificates or the project financed therewith(less amounts deposited to a reserve fund, if any)are used for any"private business use", as defined in section 141(bx6) of the Code or, if more than 10 percent of the proceeds or the project financed therewith are so used, such amounts,whether or not received by the Issuer,with respect to such private business use, do not,under the terms of this Ordinance or any underlying arrangement,directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates,in contravention of section 141(bx2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection(a)hereof exceeds S percent of the proceeds of the Certificates or the project financed therewith Qess amounts deposited into a reserve fund, if any) then the amount in excess of S percent is used for a"private business use"which is "related" and not M ' disproportionate , within the meaning of section 14l(bx3}of the Code, to the governmental USe (c) to take any action to assure that no amount which is greater than the leswr of $5,000,000, or S percent of the proceeds of the Certificates(less amounts deposited into a reserve fund, if any)is d'uectlyor indirectly used to finance loans to persons, other than stale or local governmental units, in contravention of section 141(c)of the Code; (d) to refrain from taking any action which would otherwise result in the t Certificates being treated as "private activity bonds" within the meaning of section 141(b)of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed"within the meaning of section 149(b)of the Code; ! (f) to refrain from using any portion of the proceeds of the Certificates, directly ; or indirectly,to acquire or to replace funds which were used, directly or indirectly, to acquire investment property(as defined in section 148(bx2)of the Code)which produces a materially higher yield over the term of the Certificates,other than investment property acquired with•- (i) proceeds of the Certificates invested for a reasonable temporary period ! of 3 years or less, or in the case of a refunding certificate for a period of 30 days or O ! less, until such proceeds are needed for the purpose for which the cenifiates are issued, 22 CJ J 32 X 1 ❑ 'I > ti. .. O I (2) amounts invested In a bona fide debt service fund, within the meaning of w-tion 1.148.1(b)of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the can of a discount,the issue price)of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated u proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 149 of the Code (relating to arbitrage), Section 149(8) of the Code(relating to hedge bonds), and,to the extent applicable, section 149(d)of the Code(relating to advance refundings);and (h) to pay to the United States of America at least once during each five-year period(beginning on the date of delivery of the Certificates)an amount that is at least equal to 90 percent of the"Excess Earnings",within the meaning of section 14 B(f)of the Code and to pay to the United States of America, not later that 60 days after the Certificates have been paid in frill, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f)of the Code. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds(if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. it is the understanding of the [suer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, ; or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expnssion, in the opinion of nationallyrecognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafler promulgated which impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, in the opinion of nationally-recognized bond counsel, to i preserve the exemption from federal income taxation of interest on the Certificates under section 103 ofthe Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor of A the Issuer to execute any documents,certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificate, In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the}:suer for the sole benefit of the United States of America, and such f and shall not t • be subject to the claim of any other person, including without limitation, the owners of the O Certificates. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. 23 y K I � 32X I0 2�' 0 i Section 14. SALE OF INITLIL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to , for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ . it is hereby officially found, determined,and declared that the Initial Certificate has been sold at public sale to the bidder offering " the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated . 1998, prepared and distributed in connection with the sale of the Initial Certificate, Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approve.'•Sy the Issuer, and their use in the offer and We of the Certificates is hereby approved. It is further officially found,determined,and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 15. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the We of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund, It is further provided,however,that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being"arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. t Section 16. DTC REGISTRATION. The Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public,and The Depository Trust Company ("DTC"), New York,New York, initially will act as depository for the Certificates, DTC has represented that it is a limited,purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" I within the meaning of the New York Uniform Commercial Code,and a"clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar,as provided for in this Ordinance, to cancel said Initial Certificate and deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each A such substitute Certificate to be registered in the name of CEDE &CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof(the "DTC Participants"), So long as each Certificate is registered in the name of CEDE& CO., the Paying Agent/Regisirar shall i treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. A It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Certificates by DTC Participants in integral amounts of S5,000, with transfers of ownership to being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Certificates initially deposited with DTC shall be Immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. 14 j r p / rr i ff��11 nn i � Sri x ! IJ .3►l X ' lJ • F l , I ,Von", The Issuer is not responsible or liable for any functions of DTC,will not be responsible for paying any fees or charges with respect to its services, will not be responsible or Gable for maintaining, supervising,or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Certificates. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system,the beneficial ownership of the Certificates, and the method of paying the fees and charges of DTC. The Issuer does not represerd,nor does it in any way covenant that the initial book-entry system established with DTC will be maintained In the future, The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE do CO) book-entry only registration requirement described above, and to permit the Cer6ficates to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement,it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying AgewRegistrar shall, upon presentation and proper request, register any Certificate in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance,substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Certificates. Section 17. COMPLIANCE WITII RULE 15c2.12. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID,within six months after the end of each fiscal year ending in or after 1998,financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 14 of thi;Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be(1) prepared in accordance with the accounting principles described in Exbjbit A hereto,or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state low or regulation, and(2)audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided, If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. 0 (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the i change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section, The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the • MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. 6 • 25 __ :y �.. n � � 32 x � 0 ' Ir pE11YRifl1 ' , O r y A 1 (b) Material Event Notices. The Issuer shall notify any SW and either each NRMSTR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates,if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. UnscheduW draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; S. Substitution of credit or liquidity providers, or their failure to perform; 6, Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holden of the Certificates; 8. Certificate calls; 9: Defeasances, 10. Release, substitution, or sale of property securing repayment of the Certificates; and i 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitstions.Disclaimer and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so tong as,the Issuer remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except • that the Issuer in any event will give the notice required by Subsection (b)hereof of any Certificate calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Srction are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy,or claim hereunder to any other person. The Issuer • undertakes to provide only the financial information,operating data, financial statements,and notices 4) • which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the issuer's financial results, condition, or prospects or hereby undertake to update any Information provided in accordance with this Section or otherwise, except as expressly provided herein. The 26 � � ,:. � 2 r d 32xIQ r r I, ` 1 '•III r r . i n AI�tlE111 , i r I .4 ' 1 r • r 1 Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (id) UNDER NO CIRCUMSTANCES SHALT. THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES,BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance Nothing in this Section is intended or shall act to disclaim, waive,or otherwise limit the duties of the Issuer under federal and state securities laws, (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, ture status or of operations of the Issuer,but only if I the provisions of this I 1 r ( / h' h'Pe P Y P Section,as so amended, would have permitted an underwriter to purchase or sell Certificates in the ' primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a)the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or(b) a person that is unaffiliated with the Issuer(such as nationally rc, 3gnized bond counsel)determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection(a)of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also attend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of " final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the • eKtent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. I (d) [kr 'rations• As used in this Section, the following terms have the meanings ascribed to such terms below, "MSRB" means the Municipal Securities Rulemaking Board ! "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities info,motion repository within the meaning of the Rule from time to time r 27 32x ❑ 1 , I ! ;� •, , , �r !,.� � r Y +in � . 1 u �4Ae�Y �, IY •," I j � ` , � � ,ir x p .IF ♦ Y � ^II l v 1 �` Y � � Y Y � � � Y � i✓ • r i P t • r r r. n^ 1'/OYGD w r .. .,. .w«u-.r4cYiIEBC't,YXC;3vIW'Y.IBWMdlnu.,wrr.w. r.. .«.w. . ,.,.L.w�: ... ..�`�w.7..a;•ar.-w.e...ww+.�...«.a.. ..... , i .. ,i� • E V i "Rule" means SEC Rule 1 Sc2.12, as amended from time to time , "SEC" means the United Seta Securities and Exchange Commission. "SID" means an person designated r , the State of Texas or an authorized de artmen ,t i y Pe gna b p 1, 4 officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. y; k Section 18. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the ^ Issuer, and all other officers, employees,and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized,empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seat and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordinance,the Certificates,the We of the Cenificates, and the Notice of Sale and Official Statement; and the Assistant City ManagerMnance of the City shall cause the expenses of issuance of the Cenificates to be paid from the proceeds of We of the Initial Certificate or from other lawfully available funds of the Issuer. In can any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate,such signature shall nevertheless be valid and sufficient for all PurPo ses the same as if such officer had remained in office until such delivery. B I Section 19. OPEN MEETINGS. The City determined Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings,Law,Tex, Gov't Code, Chapter 55 1, as amended. l Section 20. EFFECTIVE DATE, This Ordinance shall become effective immediately upon fy its passage and approval. 1 r , r , r I 28 r t r 1,.0 r., 34 1 0 l i 1 �r 1 .I� � �4 • , I � r 0 1• ,f "I•Id i. l r , •I • d4110gy I , 1. � rl �. '! y I 1�` • il �� 1 1 a n n.i w,.rota.A.4�R'.�ti1.GY,�1'.�1�Li�a{pUa.AIJk+•ti kL Y. n .,o... � vl I .. ...4° J. r.•.Y�ir{-1 S�.r,.i.w..w ..�-s...iwvw.i+l ri.Hr � ....:...i• ,• '11 i I PASSED AND APPROVED this the M day of April, 1998. Jack Miller, Mayor ATTEST: „ I Jennifer Walters,City Secretary APPROVED AS TO LEGAL FORM; i Herbert L. Prouty, City Attorney By: � I ...._._._............._..... . ... fd i y i , •�r 1 I . ii, , 1 Yt •' � t I T'd4 " I • v 29 4 . I � I " ' � 2�5X �T� f.hP.,ll V2xl. a 11 M1f •I. n o: , ' t + rf w . . ,a » .v,YMaaS612+4`'�fN%Gf3t�°.a4iW�'11,9MWW6uilal.M.�rv`rkn RLi w+.,s^..,.i...,.w...j..: . � �..�.Aw'wf.�.wwWSkti.aerhwlwNUw Mtivk.Y.nrn+�Mw r Wnrow . ``1 r + t �r DESCRIPTION OF ANNUAL FINANCIAL.INFORMATION The following infomtsdon is referred to in Section 17 of this Ordinance: Annual Financial Statements and Operallag Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are u specifled(and included in the Appendix or under the tables a of the Official Statement referred to)below: Tables numbered I through 14, inclusive, under the captions 'Tax Information", 'Debt Service Requirements"and 'Financial Information'in the Official Statement. : Appendix B in the Official Statement Accounting Priueipla The accounting principles referred to in such Section are the accounting principles described In the notes to the financial statements referred to In the paragraph above. t t I I , I , � I , I r 1 4 I f . l I i r Y a' r 0 y ' 4i • l '1Y171tl8M 7. t' Apnda No. CITY OF DENTON CITY COUNCIL MINUTES Agenda Item February 3, 1998 Date 7' After determining that a quorum was present and convening in an open meeting,the City Council convened in a Closed Meeting on Tur-sday,February 3, 1998 at 5:45 p.m.in the City Council Work Session Room at City Hall. I PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, j Cochran,Young and Durrance• J` ABSENT: None 1. The Council considered the following in Closed Meeting: A. Conference with Employees—Under TEX, GOV'T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing,but did not deliberate during the conference, The Council convened into a Regular Meeting on Tuesday, February 3, 1998 .17:00 p.m• in the Council Chambers of City Hall, PRESENT: Mayor Miller; Mayor Pro Tem Broci•.; Council Members Beasley, Kristofersop. Cochran, Young and Durrance, ABSENT: None 1, Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S.and Texas hags. 2, The Council considered approval of a resolution dissolving the special Citizen's Advisory Committee to provide recommendations regarding a possible additional sales tax to reduce property tax; expressing the sincere appreciation of the City Council for the work of the members of that committee; and providing an effective date, Kathy DuBose, Assistant City Manager for Finance, stated that Denton citizens voted in 1994 to increase the sales tax by I/, cent to reduce property taxes. In order to assure citizens that the City would reduce property taxes by the amount of revenue generated, the City Council created the Citizen's Sales Tax Advisory Committee. That Committee had fulfilled their mission and this was • a rifting close to their work, The following resolution w& considered: ! NO. R98-006 A RESOLUTION DISSOLVING THE SPECIAL CITIZEN'S ADVISORY E • COMMITTEE TO PROVIDE RECOMMENDATIONS REGARDING A j • • 4; POSSIBLE ADDITIONAL SALES TAX TO REDUCE PROPERTY TAX; f `./ EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEMBERS OF THAT COMMITTEE;AND PROVIDING ° AN EFFECTIVE DATE. z 25x ❑ 32x ❑ M� , v - •, L 4 'r � i i , i ' t O rY+:R..e,9',r r..'v t', 9rn"r!w@JdF`;k'Y4 A'16el,L"l 7 Vu,..i:'r1W,':^'C4 a"M City of Denton City Council Minutes February 3, 1996 Page 2 Brock motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson"aye",Cochran"aye", Durrance "aye",Young"aye",Brock"aye",and Mayor Miller "aye'. Motion carried unanimously. Mayor Miller presented plaques of appreciation to the committee members. PRE SE NTATI ON SIAW ARDS 3. February Yard of the Month Awards Mayor Miller preseuted the following awards: r , Dennis and Debi Crowdis Kenneth and Carol Chapman Golden Fried Chicken-Business Property Alsip Homes-Downtown Business Award 4. Proclamations Mayor Miller presented the following proclamations; "Art Behrens Day" "American Heart Month" "National Child Passenger Safety Week" 5. Resolutions of Appreciation A. The Council considered approval of a resolution of appreciation for Wayne Arrington Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye', Kristoferson "aye", Cochran"aye",Durrance"eye",Young"aye", Brock"aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered approval of a resolution of appreciation for Rick Barred S Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran"aye",Durrance "aye",Young"eye', Brock"aye', and Mayor Miller "aye". h1otion carried unanimously. C. The Council considered approval of a resolution of appreciation for Jack Jarvis W ' b Beasley motioned, Cochran seconded to approve the resolution, On roll vote, Beasley "aye "Dgpr Kristoferson aye ,Cochran'"aye", Durrance "aye",Young eye , Brack"aye",and Mayor Miller "ayc". Motion carried unanimously. D, The Council considered approval of a resolution of appreciation for Roger Wilkinson � �sF� 7 25 • 4J V F+ aos�rY O r � qri.:,:ry.,.... . F'.,n.!„n.J'�rM,ter .�.,.• euC7 kiAYs7iW.'Y'a7C:g`.Cr''7.'me 7 IL.M A. City of Denton City Council Minutes February 3, 1998 i Page 3 Brock motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye Kristoferson"aye",Cochran"aye',Durrance"aye",Young"aye",Brock "aye",and Mayor Miller "aye". Motion carried unanimously. NOISE EXCEPTIONS 6. The Council considered a request for an exception to the noise ordinance for the pouring of concrete between the hours of 2 a.m.and 7 a.m. at 1025 Shady Oaks. Jennifer Goodman, Management Assistant, stated that the request was for the pouring of concrete between 2:00 a.m. and 7:00 a.m. on February 10th. This pour would take approximately 18 hours to complete,as 800-900 yards of concrete would be poured at one time. The main source of noise would be the truck traffic. Lighting would be used but would be directed down toward the concrete. Businesses in the area such as A£fordable Storage and Ferguson Plumbing did not open until 8:00 a.m. Kristoferson motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Kristoferson"aye", Cochran"aye",Durrance"aye",Young"aye",Brock "aye",and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA Council Member Young asked for details on the project for Item #7. I Rick Svehla, Deputy City Manager, stated that the project was the widening of McKinney Street from Janie to Woodrow Lane. Council Member Young requested a neighborhood meeting for the area residents and businesses. Beasley motioned, Brock seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley"aye", Kristoferson"aye',Cochran"aye',Durrance"aye",Young "aye", Brock"aye",and Mayor Miller"aye". Motion carried unanimously. 7. NO. 95.013 r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF NICKINNEY ST, PAVING AND DRAINAGE AND ' WOODROW LANE SANITARY SEWER TO JAGOE PUBLIC CO. IN THE AMOUNT OF 5643,614.17; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING 17 OR AN EFFECTIVE DATE. (Bid #1146 — • McKinney Street Paving and Drainage and Woodrow Lane Sanitary Sewer in the amount of$643,614.27) E 8. NO. 98-014 AN ORDINANCE ACCEPTING COMPETITIVE BIDS FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF =9004 I 1 9 emend Y • t 1 t . ; 'r+, ., Y f'+.3` xM� C�`ti1� 1,.i:+7!'i!«°,."`r; ^n WTI{,X.. "' p — nv.'F[e • i City of Denton City Council Minutes February 3, 1996 Page 4 FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2149—Truck Beds &Bodies —total award 535,651.85) 9. NO.98-015 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE ANNUAL LEASE PAYMENTS FOR AN IBM 9221.191 MAINFRAME COMPUTER/PROCESSOR BID BY THE STATE PURCHASING GENERAL SERVICES COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #81630 — IBM Corporation for$102,771.10) l0, NO. R98-007 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/ INTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. h PUBLIC HEARING ' 11, The Council held a public hearing to consider designating a certain area within the M. Forrest Sun ey, Abstract No, 417, and the T. living Survey, Abstract No. 719, being approximately 163 acres near Highway U.S. 380 and Geesling Road and being more fully described in the notice of public hearing as Reinvestment Zone No. I for commercial/industrial tax abatement purposes, Interested persons are invited to present evidence foror against the designation ofthe reinvestment zone,the boundaries of the proposed reinvestment zone,whether all or part of the territory described should be included in the proposed reinvestment zone,and the concept of tax abatement. Linda Ratliff, Director of Economic Development, stated that on January 6h, Council approved a request for a tax abatement to United Copper for 25% for six years. At that time, staff recommended to create the reinvestment zone of the 90-acre tract that would be purchased by the company. The reinvestment zone consisted of 163 acres. The purpose of the larger area was due to a request of the • DISD so that a portion of the zone was in the ETJ and the DISD could participate at a different rate and term. The zone did not guarantee everyone in the zone to have a tax abatement. City Attorney Prouty stated that there were two key determinations that had to be made before the creation of the zone. He asked Ratliff if the creation of zone for commerciaVindustdal tax abatement with the improvements expected to be developed by United Copper Industries,were of benefit to the City and to the land to be included in the zone after the expiration of the tax abatement agreement , and were the improvements sought feasible and practicable. �J4 Ratliff responded yes. City Attorney Prouty asked if with the expected improvements front United Copper Industries and the other improvements that might occur as a result of designation of this reinvestment zone,would contribute to the retention or expansion of primary employment or to attract major investment in the v O 4< i City of Denton City Council Minutes February 3, 1998 Page S zone that would be of benefit to the property and would also contribute to the economic development of the City. Ratliff responded yes. Council Member Cochran asked if there was a time limit for the remainder of the zone. Ratliff stated that the reinvestment zone had a five-year life, The Mayor opened the public hearing. No one spoke during the public hearing, The Mayor closed the public hearing, 12, The Council considered and adopted an ordinance of the City of Denton,Texas designating a certain area within the M. Forrest Survey, Abstract No. 417, and the T. Living Survey, Abstract No. 729,being approximately 163 acres near Highway U.S. 380 and Geesling Road within the city limits of Denton and the Extraterritorial Jurisdiction of the City of Denton as Reinvestment Zone No. 1 for commercial/industrial tax abatement; establishing the boundaries of such zone; making . findings required in accordance with Chapters 311 and 312 of the Tat Code;ordaining other matters relating thereto; providing a severabilily clause; providing for repeal; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that approval of the ordinance would allow staff to proceed with the tax abatement with United Copper. She clarified a previous staicmcni regarding the life orthe investment zone. The reinvestment zone would have to be reinstated after five years but if an agreement were entered into that had a longer life than five years, the agreement would still be valid, The following ordinance was considered; NO.98-016 AN ORDINANCE OF THE CITY OF DENTON,TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AS REINVESTMENT 'LONE NO. I FOR COMMERCIAIANDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE I WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE;ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABiLITY CLAUSE; �y PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. `-� Brock motioned, Kristoferson seconded to adopt the ordinance, On roll vote, Beasley "aye", Kristoferson"aye",Cochran"aye', Durrance"aye",Young"aye', Brock"aye',and Mayor Miller "aye". Motion carried unanimously, >.S 10 32x IC] c , 1A71NOi• .r it . , 0 `u} i MOM City of Denton City Council Minutes February 3, 1998 Page 6 13. The Council held a public hearing and considered adoption of an ordinance to rezone approximately 1.07 acres from the Single Family(SF-10)zoning district to the Office Conditioned (0[e])zoning district. The site was located off Teasley Lane and adjacent to Lillian Miller Parkway (FM 2181) near its intersection with Bent Oaks Drive. (The Planning and Zoning Commission recommended approval,7-0.) (Z-97.032) Dave Hill, Director of Planning, stated that this was a rezoning request for Sundown Offices. The action requested was to rezone 1.07 acres from Single Family-10 to Office-conditioned. One building was currently located on the site. The property was already platted and a construction plan approval was required before proceeding. The major street on the original approved plat for Sundown Ranch showed the major access point would go out onto Teasley Lane. A problem came up when the State refused to allow a curb cut in the location shown on the approved plat. As a result the portion of property which was originally to serve as the major access point was zoned residential and the part of the office-conditioned parcel was where the secured highway permit was not located. This really was a trade of property for zoning. Council Member Kristoferson stated that this was a redistribution of the property with no additional Iand zoned for conditioned office. f The Mayor opened the public hearing. 1 Brad Meyer,Carter and Burgess,stated that the developer was not asking for an increase in square footage of building. The Mayor closed the public hearing. The following ordinance was considered: NO, 98-017 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY (SF-10) ZONING DISTRICT CLASSIFICATION TO OFFICE CONDITIONED (0(c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.07 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE;APPROXIMATELY 800 1 FEET SOUTH OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye', ' Knsloferson "aye",Cochran "aye", Durrance "aye", Young"eye",Brock "aye', and Mayor Miller "aye". Motion carried unanimously. 14. The Council held a public hearing and considered approval of a Specific Use Permit to allow a manufactured home park in a Light Industrial(Lt)zone district. The proposed use would create 420 manufactured home spaces on an 83.11 acre tract Iocated west of 1.35,north of State Highway 380, cast of the Atchison, Topeka & Santa Fe Railroad corridor, and south of the Loop 288 ot 32 x ❑ h tt1 F 0 1 City of Denton City Council Minutes February 3, 1998 Page 7 intersection with 1-35. (The Planning and Zoning Commission recommended approval.) (Z-97.027) Mayor Miller stated that a request had been received from the petitioners to postpone consideration of this item so that they could work closer with the neighborhood. The requested postponement was until April 7th. He indicated that the petitioner could withdraw the request but needed Council approval in order to bring the same request back within a year. Council Member Cochran staled that the proposal had been in the planning stages for some time and there were many residents present for the public hearing. He felt the Council owed them a public hearing. The petitioners had an opportunity to meet with the neighbors several times. Durrance motioned, Beasley seconded to deny the request for postponement. On roll vote, Beasley "aye", Kristoferson"aye",Cochran"aye",Durrance "aye", Young"aye",Brock"aye",and Mayor Miller"aye". Motion carried unanimously. Mayor Miller asked if the petitioner wished to proceed. The petitioner indicated yes. David Hill, Director for Planning and Development, stated that this was a manufactured home park. The site size was 83.77 acres with a proposed density of 410 homes. Of those 420 homes, 113 would be aide lots and the others would be vertical lots. The petitioner was requesting a specific use permit in a light i-idus!rial district. The proposal was consistent with the 1988 Development Plan. This was considered a low intensity area and the proposed use was a reduction in the overall allocation. The proposal was inconsistent with the plan as it exceeded the 200 unit per project density recommended with these types of mobile home parks. The specific use permit criteria stated that the purpose of a specific use permit was to provide Council the opportunity to deny or to conditionally approve those uses that generally had unusual characteristics or were of a public or semi-public character. Because of the nature of the use with possible adwtse impact on neighboring properties, review, evaluation and exercise of planning judgement relative to the location and site plan of the proposed use were required. The Planning and Zoning Commission unanimously approved the request. Ten property owners were notified of the request. Individuals outside the city limits but within the 200-foot rule did not count towards the 20"/o rule. The development would have to meet the requirements of the City Code with regulations that covered approximately 17 pages of requirements. Development features of the property included two private residences in the interior of the project. Area requirements included minimum lot sizes of moo square feet. A six-foot screening device would be around the perimeter of the property and retention ponds would be located on the far downstream sides of the property, The Code also contained an open space requirement of 8% of the total site that was satisfied in several ways. There were recreational areas proposed green belt areas in relation to some of the retention ponds, a club house with a pool, and picnic areas. The overall open space was 10%rather than 8%. A traffic analysis study completed by the applicant concluded that there was no impact that was of sufficient magnitude for a requirement ofoff-site improvements. There would be some deterioration of some intersections, particularly at Mesa and Highway 380, Mayor Pro Tern Brock stated that the back-up materials indicated that the proposal was consistent with the Denton Development Plan and the zoning ordinance but she understood there was an inconsistency with the mobile home park portion of the ordinance dealing with concentration of 2.) 32XIO Y. , alllmW r i i . ., . . .v,,'.. ,. _..,-. ._ .,x:. 4 . ,' .x,k':rdf!.d"J•na•,kt+=Y•Y#h+Y4+!CY7Wa�Y'Y11.1AeCRR'�M.`Y"r.x.".d.''45krR,'S9ria,A;nu .. Naw',r . ,, City of Denton City Council Minutes February 3, 1998 Page 8 f number of units. Hill stated that the interpretation was somewhat inconsistent and felt it was more for multi-family concentrations. Council Member Beasley asked if staff had looked at the traffic study provided by the petitioner. Rick Svehla, Deputy City Manager,replied yes that the staff had analyzed the traffic study. Council Member Beasley stated that Mesa at Highway 380 would go to an "F"rating. Svehla replied correct that it currently was an"E"and would go to an "F". Council Member Beasley stated that the frontage road would go to a"D"r Svehla replied correct. Mayor Pro Tem Brock slated that an acceptable level was'V% Svehla replied that was generally so, ' Council Member Cochran asked about the sewage tie-in for a project of this size. The backup had indicated that the project would have its own system. He questioned if there were requirements for a tie-in to the City's system. Svehla stated that typically the project would tie-in at some point. 11 was left to the developer as to where to do that. There were two points available ne r this site- one on WorthingtoniSkyler and the second would be the Ranch Estates System. Council Member Cochran stated that the water supply system would be the City's. He questioned t when the City would lake control of the sewage. Svehla stated that typically it was when it was built, In this instance, because this was under one ownership with some land ownership procedures/pmcesses required, depending on how the ! developer projected to go,would depend on when it would be turned over, i Jill Jordan, Interim Director for Water/Wastewater Utilities stated that the plans were submitted today. The sanitary sewer system would be private and go to a lift station. There was an existing lift station serving Camping World that was in the access to the property and would have to be + relocated, • The Mayor opened the public hearing. Jeff Carroll, Tartan Industries, stated that yesterday he received a notice from residents who were j l well outside the 200 feet notice area,that they had a number of concerns regarding the proposal. Earlier in this meeting, the petitioner had requested the opportunity to continue to talk with these individuals who were not part of the immediate notice area. Manufactured housing was the fastest growing sector in the U.S. housing market. The key point in manufactured housing was i ? Sx. � Q 32xIQ 1 n ., ... :, I i .i<6:'. . . .., .,.rb'SV?9Y:k Y'4ST.i{ F.'IYka'.!!_wp;i?i• . a � •.t.� r City of Denton City Council Minutes February 3, 1998 Page 9 affordability. The lack of affordable housing was a growing problem in the country and this was the First step up the housing ladder. This was a five to ten year build out with approximately 50-100 lots per year being developed. The project met or exceeded all requirements of City code. All homes 4 r must be vinyl or wood sided with composition roofs. The homes must be owner occupied and not rented. if an individual did not follow the rules and regulations, he could be evicted. An impact analysis that was included in the back-up materials indicated that the proposal would not negatively impact neighboring property, Mayor Pro Tern Brock asked if the petitioner had had a meeting with neighbors outside the 200-foot limit. Carroll indicated that they had met with everyone within the 200-foot limit. Some neighbors,who were surrounded by the proposal, would speak on their behalf. They had support letters from adjacent neighbors who abutted or who were surrounded by the proposal. Mayor Pro Tem Brock stated that the rules and regulations of the petitioner were not part of the specific use permit. It would be up to the company to enforce those regulations. Carroll indicated that those could be incorporated into part or all of the zoning of the property. Beth Cathcy, Director of the Elizabethan Home, stated that she was in favor of the proposal. The EI4abcthan Home was a home for young unwed mothers. A very sensitive issue for them dealt with their resident's privacy. She felt Mr.Carroll had gone beyond what was required to accommodate their need for privacy, They had consulted extensively with their real estate attorney about the issue of lost property value and were satisfied with the information provided. She was supportive of the proposal and felt that their needs and concerns had been addressed, O'Neal Parker stated that his business was going to be moved to this location. He did not have any problems with the project and felt it would be a good addition to the City's affordable housing. Dave Alley stated that his firm specialized in manufactured housing communities. This proposal would be an asset to the City. All streets would be private but they would be 34 feet from the back of the curb to asphalt and concrete curb and gutter would be designed to the exact specifications as city streets. Water and sewer would be built to city standards and would be located underground. There would be many recreational facilities within the community. He showed the amenities that would be included in the proposal. They had requested a delay in the proposal to determine the problems with the neighbors, The detention ponds could be sized larger to control the (low of the water and they would work with staff to took at all drainage problems. All parking would be off- street parking, Jack Hatcheli stated that he performed a traffic analysis on the proposal. He performed his analysis ' on a two-phase development with the majority of the lots being developed in the first phase. The proposed development would generate during the p.m. peak hour, 224 trips and 1900 trips on a daily basis. He had analyzed five intersections that would be impacted by the development and all of the intersections were shown to operate satisfactorily with the majority of the traffic assigned to the I35 Frontage road. This proposed development would generate less traffic than it traditional single family development and less than the current zoning. _ Puiy�' i'`7► "4 , Mao" City of Denton City Council Minutes February 3, 1998 Page 10 Council Member Durrance asked for an explanation of how it would generate less traffic than a single-family development. Hatchell stated that the Institute of Transportation Engineers handbook indicated that a trip generation for a single family was 9.55 trips per day. For a manufactured home it was 4,81. This proposal would not be developed as dense as a single-family development, Steve Klutz, a real estate appraiser, stated that he had done an overview of what the effects this particular project would have on surrounding property. Ile felt that some of the effects would be the development of infrastructure,provide additional access to the area, and would compliment existing residential development. He felt this property would not develop well as a commercial site as it was too far off the road. The most important fact about manufactured homes was that it was a mixed use. There would not be a negative impact on the surrounding property. Residential use was best use for this property. Bill Fines, Habitat for Humanity,stated that David Alley was known nation-wide for manufactured housing communities. Robert Rayner stated that entranceways were a strong topic on Council. The distance from the site to 1.35 was approximately 545 feet. This distance could be used as buffer between 1.35 and the i project. This could be a buffer of distance and one for a visual purpose. The entire property would have a six-foot buffer fence around it plus the visual buffer that was natural on the site. He had met with DISD officials who were pleased that the proposal was in the northwest quadrant of city as it was the least populated, if the Council fell that the project did not merit approval because of drainage or traffic, Mr. Carroll should be allowed to talk with the citizens in the area of Ranch Estates. Richard Hayes stated that he had reviewed the proposal with the city ordinance and the Denton Development Plan for compliance. He felt that full compliance with the ordinance had been met, as was the intent of the Denton Development Plan. The owner had shown openness, willingness and cooperation with the neighbors and staff. One of the goals of the Denton Development Plan was to provide the opportunity for diversified housing with emphasis for low to moderate-income levels. Another goal was to promote development of an urban center in the northwest. The project requested a special use permit to allow manufactured housing in a light industrial zone. In a low intensity area, a special use permit was needed, as currently there was no manufactured housing subdivision zoning. This low intensity area was designed primarily for single family residential development that this development was. Four factors were relevant for low intensity areas (1) purpose and intent to emphasize residential use which the property did,(2)location -the location was within a low intensity area;(3)size and intensity- it was recommended that a project be less than 640 acres with 60 trips per day per acre with this proposal having only 23 trips per day per acre; (4) diversity and neighborhood protection-the proposal maintained the character of the area with architectural design and landscaping. The project met the traffic design requirements. The density and intensity standard had not been violated. The requirement for green space was 8% and the proposal had 8.5%. People within the 200-foot notification area "some outside that area had been met with and he felt that virtually all of their concerns had been met. One additional consideration was that there be a concentration of not more than 200 units, which was advisory and not mandatory. tic felt the proposal met that intent as the project was low intensity and the green space area was 25010 more than what was required. Traffic was 62% below current recommended standards. -107-M 32X 0 'P,ii °;A I41 P,VAIq yY,9 .1 YG`«Ib?Ark' fnLirl.yµ"c FY,ck f ✓'Rwe. City of Denton City Council Minutes February 3, 1998 Page 11 Whatever traffic impact the subdivision might have,it was substantially less than the traffic impact ! a light industrial development use would have. The proposed use was less intense than any other use allowed in light industrial zoning. The proposal was totally consistent with the Denton Development Plan and was recommended by the Planning and Zoning Commission and staff. Council Member Kristoferson asked why Hayes had not encouraged the petitioners to meet with more of the neighbors prior to this meeting. Nays indicated that he was not aware of objections. As the owner moved through the process over a number of months, there had been much discussion at the staff level without any negative feedback. There was some discussion when the 200-fool notice went out but nothing major. It was his understanding that the project was relatively well publicized. He felt a newspaper article brought people to this meeting. The petitioner did notify people outside the city limits and outside the 200- foot area. Jim Poirot stated that he represented the citizens in Ranch Estates. He presented a petition to Council with over 100 signatures against the proposal. They were concerned about drainage, traffic, crime,beauty in Denton,and traffic on Highway 380. Ranch Estates residents within 200 feet of the proposal were not notified of the project. There was no information in the newspaper about this development, Two residents in Ranch Estates were not notified. He felt that this looked like a back door attempt to get this project approved before area residents found out about the proposal. The path of least resistance for southbound traffic was over the railroad track as that was the only southbound exit in that area. The tracks were very dangerous. Mayor Pro Terri Brock stated that if this project were not granted,the zoning would remain light industrial. Poirot stated that he would prefer that to manufactured housing Council Member Cochran asked Poirot to characterize the current drainage situation. Poirot slated that there were several problems in Ranch Estates among which were the amount of water,the movement of water into Ranch Estates and the movement of water out of Ranch Estates. The water currently did not go underground but went through yards, The biggest problem was how to get the water out of Ranch Estates. E. R. Milner stated that the definition of manufactured housing was that it moved around on wheels but (his was still a trailer park. In recent years the City had bad experiences with trailer parks, He was concerned about crime associated with the proposal m the highest area of crime was in trailer parks. Renters in low-income housing were usually transient with no commitment to the community. This area was on the northern edge of an entrance to Denton. When there were 400 , plus housing units in an area,they would still be able to be seen from the highway. Ed Gonzalct stated that he was representing several families in his area. He just learned about the plan on the weekend and felt there should have been more information about this proposal. He was opposed to project because of entranceways,lower property values of homes near the project, more children in area schools, an increased student population and student ratio. The petitioners had presented a weak argument for a project that had no merit. He was strongly opposed to this project. � 5 �.� 3 . xl i . .. .. ... . .. .. ,, � rxMrU'."A�fTCak.,ti:.rf'.i7!1AIC3$tY�4ldaF'n99"L' 9a�FkG.'t�l'!'.iRNk�rddu'JiiMYrip � r?.�u City of Denton City Council Minutes February 3, 1998 Page 12 I I Bregg Smith felt that this was not the best use of the property. Traffic was a concern with the increase of residents in the area. He was also concerned about the drainage associated with the proposal. There was an increase in crime associated with mobile home parks. He felt the petitioners needed to look for a better location for drainage, etc. Sandi McDonald-West stated that there was a problem with drainage in the area. The proposal would only add to that problem. She hoped that the Council would oppose the project. Mike Whitten stated that a statement had been made that Marshall Road was a private road. That road had been there a long time and had been used a Iong time by members of the public. He € doubted that that road could be abandoned or dedicated. If it were available to be used,it would be used. He was concerned about the notice situation. Individuals within 200 feet but not in the City limits were just as much of a concern. He was not sure that that was following the statutes. There { was at least one resident of Ranch Estates within 20G feet of the proposal who did not receive notice. That resident was against the proposal that could be a basis for a legal challenge, The Council needed to consider the effect on existing neighborhoods. Bob Hailey stated that he was concerned about traffic in the area with the proposal. He felt there would be a lot more congestion on Mesa Drive with this proposal. ` J. A. Miller stated that he owned 12 acres in front of the proposal. He was concerned about the development going in behind this property. He asked the Council to deny the proposal. Mayor Pro Tem Brock asked if Miller would prefer the light industrial zoning rather than this proposal. Stiller stated correct. He would like houses developed but would take light industrial over this proposal. Carolyn Smith stated that she was concerned about flooding in the area and the effect the proposal wuuld have on that drainage. She felt that the proposal would contribute to the drainage problems i in the area. • Ken Koclln stated that he was concerned about the lack of notice of the proposal. He felt there should have been more nonce on the project. The project would have it negative impact on the schools. Council Member Beaslcy stated that staff had followed the city and State rules and regulations of notification, • • 11 Webb Colston stated that an article in the Denton Record-Chronicle indicated that the proposal would result in approximately$625,000 annually in city/school property tares. He presented figures regarding the cost of educating students in an area. Steve Deck stated that he was in opposition to the proposal zoning change. He was concerned about the excess water runoff and increased traffic on Highway 380. There were drainage problems when there were heavy rains. If the area behind his home were paved, the drainage tanks would fill .s r �C K 10 32X 1 1�4 UUf45Qb ' f. ,.o k..` . ,,yl,. � ' rt•,f',"!ef 1. Pw t`�:d,'�y', :,rc« Ta iy' "S i�'9C,"4"'Gl�r'.i$ 'f:'qf:^; Ui�+, ::i"PY � a^.�'io. City of Denton City Council Minutes February 3, 1998 Page 13 quickly and cause flooding. It w as difficult to envision what all the new homes in that area would do to the quality of life. The proposal was not consistent with the area. He asked fora denial of the proposal. Roy Metzler stated that he had a problem with the traffic in the area. Camping World serviced many large vehicles that traveled on the service road and the impact it had on that road, There were many trucks in the area that only added to the problem. John Williamson stated that the residents should have been better noti fled of the proposal. Drainage in the area was a problem and that should be considered. He wanted to keep the zoning light industrial. Roland Payne stated that he owned property across from this proposal and he was not notified about the proposal. He used the frontage road logo to the hospital and Highway 380 and the service road was very dangerous. Mark Moynagh stated that he lived within the city limits and did not receive notification from the Planning and Zoning Commission regarding the proposal. He became aware of the proposal from his neighbors. He fell this proposal would have a devaluation of his property. Traffic would also be a problem. This project would not be a benefit to the community and asked the Council to vote against the proposal. Jim McKissach stated that he was op,)osed to the proposal as it would negatively affect the property value of his home. Charles McAdams stated that he had a concern regarding the traffic and congestion with the ambulances going to the hospital. Edward Coomes stated that the application for a specific use permit pointed to difficulties in Dolton. His opposition to the proposal included (1) neighborhood integrity • Council had always been dedicated to the integrity of neighborhoods. Ranch Estates was an established neighborhood and merited the support of the Council. (2) Congestion and flooding • Denton had a flooding problem and the addition of this proposal would contribute to the problem in the area. (3) Denton needed to pay attention to the development plan which being developed. He asked for denial of the proposal. • 1 Sherrie Baker stated that there were not many homes in Ranch Estates and many of the residents were long term residents. Traffic in the area was horrible with gravel trucks and other large trucks. She had hea.d two different stories regarding the closing of Marshall Road, The railroad tracks would be a safety hatxd for the children in the area. There also needed to be a consideration of the holding ponds and safely for children. • • • Paul Cart stated that he had purchased his home due to the beauty and openness of the area. Council could reject this proposal based on a limit of 200 homes on a site. This was not something that the Council could overlook. There was something wrong with the figures presented by the petitioner, Peggy Poirot stated that they were not notified about the proposal. She would have come to the Planning and Zoning Commission meeting if they had been notified about the proposal. She asked Council to deny the proposal. 32x IQ f" �{ ' I 1a I 1 I i y 4 City of Denton City Council Minutes February 3, 1998 Page 14 Harold McReynolds stated Ranch Estates was a great neighborhood and that there was very little crime in the area. Kathleen Eiland stated that she had concerns about drainage in the area, Traffic was a problem and vehicles would have to exit south. She knew that the City had recommended that the petitioner contact the Ranch Estates residents which they did not do. She did not feel this was a good plan for Denton. Robbie Heldman stated that as a resident of Ranch Estates she had concerns about drainage but her biggest problem was traffic. There were health care facilities in the area, which weed opposed to the proposal. Road traffic on Mesa Drive was already at a maximum. Reed McDonald presented a video of the area. Edward Tally stated that there were many medical facilities in the area that might be impacted by the proposal. 1 here was no mention of emergency vehicles in the traffic study. There were 18 mobile home parks in the general area with 14 listed with Denton addresses. There was plenty of low income housing in Denton and more was not needed, Robert Harris stated that he owned property near the proposal. His concerns included(t)the mobile ; home park would be platf-A as one large lot and asked that the special use permit not allow any future subdivision of the property or selling of individual lots, (2) the developer was a reputable property manager and would manage the park according to their restrictions but if Tarton would sell the park, there was no guarantee the new owner would follow the prior regulations; and (3) he suggested putting the restrictions in the decd or ordinance, He did not want the city in the future to docnidne that a mistake had been made and use this property to correct that mistake. He urged the City to require a dedication of a public utility easement for the extension of lines, the petitioner was allowed a three minute rebuttal. He stated that he had encountered this type of opposition all over the country where he built these communities. 'there were existing traffic problems and drainage problems in the area. The lower intensity use eliminated additional traffic, lie felt if given the opportunity to speak with the residents, many of the problems would be corrected. The overwhelming majority of the individuals who spoke were outside the 200-foot limit • The proposal complied with the letter of the law in all aspec' He requested the opportunity to deal I with the residents and their concerns, 7 he Mayor closed the public hearing, i Mayor Pro Tem Brock stated that some of the back-up materials presented by the petitioner indicated • rigures for tax bcnerits, She did not feel the figures were as high as projected by the petitioner. • • Council Member Cochran stated there were many important Issues that weLY presented for drainage, traffic, and sorely. He felt that the infrastructure would not support the proposal. Traffic would not support the road system. He cautioned the neighbors about being comfortable with light Industrial zoning,as it might be a gamble. There were many issues in light Industrial that they might not be comfortable with. 32 X i awaMar 0 MWAUM . .. ...... , .n+,M.,... ... � .. .. . .,s+�..� Y a':"'+OY'4"Jl,�:d'r•.`�`u'tJ'3"oT4k�L'�7F�Y ably''�4w.�'S,Ad'+t.4f?�.,f�/h+Ay?a.+i � en....;.r�, City of Denton City Council Minutes February 3, 199$ Page 15 Cochran motioned, Kristoferson seconded to deny the proposal. Council Member Young stated that he was in favor of affordable housing but not at any cost. He asked whose responsibility it was to get the notice within 200 feet. Hill stated that the Planning staff was responsible for the 200-foot notice. Stafl'chocked the tax rolls to determine those properties within 200 feet of the proposal, They then located the mailing address and the name of the owner of the property. He had heard several comments from residents who fc't they should have been notified. The law indicated a 200-foot notice. Council Member Young felt that staff was negligent with the notice requirements. He had not heard any speaker talk about a neighborhood meeting called by the City, Hill stated that the City's ordinance indicated that neighborhood meetings were encouraged but they could not force the petitioners to do sa. Rick Svchla, Deputy City Manager stated that of the public that spoke indicating no notice, one individual indicated that he had not received a notice which was sent but that individual also indicated that he did not always received mail. Even with that,there still was not enough opposition for the 200,16 rule. Eleven notices were mailed. Two or three of those were improperly mailed because they were owners within 200 feet but outside the city limits. Council Member Young stated that he had three problems with the proposal. One was the intersection of 135 and Mesa. The second was the closing of the road where the railroad track was located. That should fsc done. The third was the detention ponds, There was always a flood problem in that area. Ile rclt that the only thing that would help the flooding was a detention pond th,it could handle a large heavy rain. Counci l Member Durrance stated that the proposal had to be looked at as to how it was going to affect the community, This debate showed the need for a revision of the Denton Development Guide, Ile was concerned about the property. He was concerned about the traffic study and the infrastructure in the area. This was a question of quality of life and a question of community, Council Membcr Beasley stated that she had a problem with the petitioner not meeting with neighbors in the Ranch Estates area. The proposal was inconsistent with the Denton Development Plan regarding the number of units in the proposal, The drainage problem was also not scttlyd in her mind. Council Member Kristoferson stated that she seconded the motion because she felt a public meeting called at this point in time would not resolve the differences. Thete was no opposition to light 9 industrial zoning but rather than to the proposal. Mayor Pro Tem Brock stated that there was a need for diversity of housing in the community but (hat the City did not have to provide all that the market could bear. There was a need to keep light industrial for a tax base. The many perceptions of the proposal were important to the development. till 32 x r . r t 6MOk1gLr1 MRMEN��JMAMVAL�_ lmmmmm . r ,s „ a� r , r.,.,•a :s o^ rp .. -teNc.2� +:i..('-r "-,":, 1'R.9.?4�a,� ;k fi�?2V9,!w S,'.:�Bi°5"t:tY r;»yam..win City of Denton City Council Minutes February 3, 1998 Page 16 I , Mayor Miller stated that there were several comments made about staff. The terms of notification were state law. Staff could not force a developer to meet with neighbors although it was encouraged. On roll vote to deny the proposal,Beasley"aye",Kristoferson"aye",Cochran"aye",Durance"a)c' Young "aye",Brock "aye', and Mayor Miller"aye". Motion carried unanimously. 15. The Council held a public hearing and considered adoption of an ordinance to rezone 1.32 acres from the Planned Development 6 (PD-6) zoning district to the Light Industrial conditioned (LI[c]) zoning district. The subject tract was located on the northeast side of Colorado Boulevard at San Jacinto Boulevard. (The Planning and Zoning Commission recommended approval, 7.0.) Council Member Beasley stated that she had filed an affidavit to abstain from this issue. Dave Hill, Director of Planning and Development, stated that this was an application from the United States Post Office. The proposal was consistent with the Denton Development Plan in a high intensity area. No neighborhood meeting was held. The Planning and Zoning Commission recommended approval. The property was already platted and a building permit would be the next stage in development. Forty five uses permitted in light industrial zoning were omitted from the proposal. The Mayor opened the public hearing, David Walls stated that the building would be approximately 2200 square feet. 'The parcel was had a split toning situation with part of the property zoned light industrial and part zoned planned development, 11 was requested to change the zoning to one type in order to build a post office on I the site. The Mayor closed the public hearing. 'I he following ordinance was considered: NO. 98-018 AN ORDINANCE OF THE CITY OF DENTON,TEXAS, PROVIDING FOR A CHANGE 0 FROM PLANNED DEVELOPMENT NO, 6 (PD-6) TO LIGHT INDUSTRIAL CONDITIONAL (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.32 ACRES LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD,AT SAN JACINTO BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, Young motioned,Cochran seconded to adopt the ordinance with the conditions as indicated in the back-up material. On roll vote, Krisloferson "aye', Cochran "aye",Durrance "aye",Young "aye", Brock"ay'e", and Mayor Miller"aye', Motion carried unanimously, 16. The Council held a public hearing and considered adoption of an ordinance to approve the detailed plan for 4.719 acres located in the Planned Development 42 (PD•42)zoning district. The subject property was located on the east side of Mayhill Road, south of McKinney Street,at Gayla, 32 x � � y I! o � wi i > D� �., . ,. -:.. '...y+.i.^r.ri t:Y.*i,.+id'.4E'StIb'tlkeHVl'.:4"td i..A!`.dwV 'h�u?L%.t`•a�di �°'?VH`r.vns� �:'!YA�'k'rl'fF114:»�kakilAl'91 � «m^+«, :' City of Denton City Council Minutes February 3, 1998 Page 17 (The Planning and Zoning Commission recommended approval, 7.0.) (Z-97.022) Dave Hill,Director for Planning and Development, stated that this project was requesting approval of the detailed plan ui allow for an industrial park. The proposal would construct a building in Phase I to allow for the relocation of a publishing company. The preliminary plat had been approved and the final plat was scheduled for consideration at the Planning and Zoning Commission on February 11°i. There was a need for perimeter street paving, extension of water lines, construction of sidewalks,drainage improvements, and fire hydrant standards for light industrial zoning. Council Member Kristoferson asked about the size of signs that would be allowed. Hill stated that a ground sign would be allowed up to 60 square feet. Council Member Kristoferson asked what exterior materials would be used. Hill stated that that was not known at this point in time. The Mayor opened the public hearing, Wayne Allen stated that the exterior of the building would be metal. ' The Mayor closed the public hearing. The following ordinance was considered, NO, 98.019 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 4.729 ACRE TRACT CONTAINED IN PLANNED DEVELOPMENT N0, 42 AND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, SOUTH OF MCKINNEY STREET, AT GAYLAt PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. Oct roll vote,Beasley"aye",Kristoferson "aye",Cochtan"aye", Durrance"aye', Young"aye', Brock"arc", and Mayor Miller"aye", Motion t carried unanimously, ITEMS OR INDIVIDUAL CONSIDERATION 17, The Council considered approval of a resolution of the City of Denton,Texas authorizing participation by the City of Denton and the Texas Department of Transportation in the Innovation . i Finance Program to Install security items at the Denton Mdnlcipal Airport;and declaring an effective date. Linda Ratliff, Director of Economic Development, stated that the Texas Department of Transportation received $I million to use for airport projects. They decided to look at safety and security issues. This proposal would install two security gates at the airport. One was required by J i i 3?. x e t'l aiglf i ' J .,. ,m5r ..- .d'.:r INR'YM^.,r:�iM" 'fG`�C.�Ak'MG'4�JG43°C°#'��!4<LtlYk+1"n":4�. `hA°'Mk?Aroww"4k eiiA,`1w City of Denton City Council Minutes i February 3, 1998 Page 18 a lease. The second was an entrance to the FBO AirDenton. The funding was a 25%match and would cost$3,000. $2,000 would be from routine maintenance and$1,000 from the City Manager. The following resolution was considered: NO. R98-008 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING PARTICIPATION BY THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE INNOVATION FINANCE PROGRAM TO INSTALL SECURITY 11EMS AT THE DENTON MUNICIPAL AIRPORT;AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Krisloferson"aye", Cochran "aye', Dutrance"aye", Young"aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously, 18. Th:tauntil considered adoption of an ordinance of the City of Denton,Texas,authorizing the Mayor to ex--cute an Inlerlocal Agreement between the City of Denton and the Denton Independent School District for the construction and implementation of a wide-area network; authorizing the expenditure of funds therefore; and providing an effective date. j Sharon Mays, Dircclor I'or Electric Utilities,stated that this project would provide the DISD with a fiber optic system. The follow ing ordinance was considered; NO.98-020 I AN ORDINANCE OF THE CITY OF DENTON,TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE-AREA NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, Cochran motioned,Bank seconded to adopt the ordinance. On roll vote,Beasley"eye",Kristoferson Inyc", Cochran "ayc", Durrance"ayc'. Young"aye', Brock"aye", end Mayor Miller"aye', Motion carried unanimously. 19. The Council considered adoption of an ordinance approving retail base rate reductions for , 0 Texas Utilities Electric Company;providing an effective date therefore; approving a most favored nation provision; ratifying and confirming the action of City staff and the City's outside legal counsel in intervening In Public Utility Commission of Texas Docket No. 18490; finding and determining that the meeting at which this ordinance is passed Is open to the public as required by law. 32 x 1 ❑ e , i r 7aonpEnl , ` Y � , t i 1 , 1 r 1 I1` 1 A e WON" . . .ra.-s..,.ann.•wv r. f ���^lS:."`I"���,4't��T�.�VA � •"�+•'17!x12P+'r,�F°-.A'.:;NTiRPW'k"J4r2naa � Mw.w. ' j City of Denton City Council Minutes February 3, 1998 Page 19 i Sharon Mays, Director for Electric Utilities, stated that the ordinance would approve the rate reduction proposed by the Texas Utilities Electric Company. The City would receive the lowest rate given to other municipalities. + The following ordinance was considered: N0, 98.021 AN ORDINANCE APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; APPROVING A MOST FAVORED NATION PROVISION; RATIFYING AND CONFIRMING THE ACTION OF CITY STAFF AND THE CITY'S OUTSIDE LEGAL COUNSEL IN INTERVENING IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 18490; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE 1S PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "eye", Krisloferson"aye",Cochran"aye", Durrance "aye', Young "aye', Brock "aye", and Mayor Miller .aye', Motion carried unanimously, 20. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton;and providing for an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this ordinance directed publication of notice for the issuance of certificates of obligation in order to issue and open bids , on April 7th, The following ordinance was considered; NO. 98-022 0 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO 4 ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. h Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofcrson "aye", Cochran "aye', Durrance"aye", Young "aye", Brock "aye", and Mayor Miller "ayc", Motion carried unanimously. 21, 'the Council considered adoption of an ordinance directing the Issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. Kathy DuBose, Assistant City Manager for Finance,stated that this ordinance would direct the Issuance and publication of notice for the general obligation bonds, r r « r �� 10 32XIa s �� t,;_ r A �e .; �i' . '•;'-, ,I I s � , , 0 n City of Denton City Council Minutes February 3, 1998 Page 20 The following ordinance was considered: NO. 98-023 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Durance seconded to adopt the ordinance, On roll vote, Beasley "aye", Kristoferson"aye', Cochran "aye', Durrance "aye', Young"aye', Brock "aye', and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of Notice of Sale of said bonds; and providing for an effective date, Kathy DuBose,Assistant City Manager for Finance, stated that this ordinance would allow for notice of intent to issue utility system revenue bonds. The following ordinance was considered: NO. 98-024 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS;AND PROVIDING FOR AN EFFFCTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye', Kristoferson "ayc", Cochran "aye', Durrance"aye", Young"aye', Brock "aye', and Mayor Miller "aye". Mot ion carried unanimously, 23, The Council considered a request for a City Council determination that there has been e substantial change in conditions in the area of Hickory Creek Road and Teasley Lane In a twelve• month period to warrant a reconsideration of a prohibited rezoning request. • Dave hill, Director for Planning and Development, stated that a letter had been received for reconsideration of this case. The applicant started through Planning and Zoning for rezoning from agriculture to single-family 7. There was a provision In the zoning ordinance that indicated if an applicant voluntarily withdrew a zoning petition, it could not be reconsidered for twelve months if it asked for a lesser type of zoning. The Council could, offer finding that there had been a substantial change in conditions in the area in a twelve month period, allow such a petition to be heard. The 0 original zoning was withdrawn from Council consideration which was a change from agricultural toning to single family 16. In this case the project was going SF-16 to SF-7 which was less restrictive toning, It was impcttant to note that there were four properties that represented the development activity in the area. There were River Oaks,Hickory Creek Ranch,Oak Park Village, and the Ridgemont Addition. If Council determined that conditions had changed due to the platting activity in the vicinity, it could allow the applicant to enter into review process before May I Sth. 32 X I O r 1 ' q ' tr i , I , �, ✓, k 0 'I f , ti 1.. .n+Mr�, +� kmlQdtFfiili?-r7}Bi +61'�x�RS�rY. ?�'1'1.1�/6R.•IM�.:'T�NiS'iMi�GP✓K65 City of Denton City Council Minutes February 3, 1996 Page 21 Council Member Kristoferson asked why the sense of urgency and not wait until May. Hill stated that this case was withdrawn originally because of financial reasons. It had favorable review comments from the Planning and Zoning Commission Council Member Kristoferson felt that conditions had changed but for the worse. There were too many proposed homes in the area, Brock motioned, Kristoferson seconded to deny the request. On roll vote, Beasley "aye", Kristoferson "aye",Cochran"nay", Durrance"aye",Young"nay", Brock"aye", and Mayor Miller „ „ . F aye . Motion carried with a 5-2 vote, 24. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing i the City Manager to execute a professional services contract between the City of Denton and Alan Plummer Associates, Inc. for the Cooper Creek Lift Station and Wastewater Collection System Improvements Evaluation in the amount of 584,370; and providing an effective date, Jill Jordan, Interim Director of Water and Wastewater Utilities, stated that the current lift station had overflows with heavy rains. Tire purpose of the study was to determine the best method to handle that problem. ` The following ordinance was considered: NO.98-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING T14E CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER ASSOCIATES, INC. FOR THE COOPER CREEK LIFT STATION AND WASTEWATER COLLECTION SYSTEM IMPROVEMENTS EVALUATION IN THE AMOUNT OF 584,310;AND PROVIDING AN EFFECTIVE DATE, Cochran motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson"aye', Cochran "eye", Durrance "aye", Young"nay", Brock"aye", and Mayor Miller "ayc", Motion carried with a 6•1 vote, i IL 25. The Council considered nominations/appointments to City's Boards and Commissions. . There were i,o nominations at this meeting. 26. Miscellaneous matters from the City Manager. jV1City Manager er Benav ides did not have any items. 27. New Business The following items of New Business were suggested by Council Members for future agendas, �<< 25 ,k 10 32X I ri +� 1 �! C'� t $ ', �A ?I v a 1 fa ♦',1 '.,ar 4 IT L i 01 ( :11e , a a o, t°A I � Jj? F 3PL} �. T Aw � ,• Cx , 'iw �L ".M t! ^ 1 a � �.la r °.°r' �2 ... a 1 H ny � ,: kl �I ° 1. ti jl l� � II♦° 1 1 4• i L � , ' i TT LJ v , 1 { 1 ' � r uxW.n:..4..aw�-� °>11 _ .,,..wyCJ...rbM. a'rl�+FiCJF'i'yA.'11T6q�kalR;r�JpO�R.0 'MAY � �.awA r '.1 City of Denton City Council Minutes 1; February 3, 1998 Page 22 °' t A. Council Member Kristoferson requested revisiting the overlay zoning and { thoroughfare corridor issue time line possibilities B. Council Member Young asked for staff to look at the street on the first track on f i Prairie Street at Morrison Milling. ' 28. There was no continuation of Closed Meeting under Sections 551-071-551085 of the Texas t Open Meetings Act. 29, There was no official Action on Closed Meeting items held under Section 551-071-551085 of the Texas Open Meetings Act. With no further business the meeting was adjourned at 2,00 a.m. r IY. JACK MILLER,MAYOR CITY OF DENTON,TEXAS A JENNIFER WALTERS ' 1 CITY SECRETARY CITY OF DENTON,TEXAS f f l 1 1 s t r * . , 25x10 32XIO O r 1 l , 4^ il!Qft.44, ',V� *?' t',°,`Ii w'h�R CITY OF DENTON CITY COUNCIL MINUTES February 10, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, February 10, 1998 at 5:15 p.m. in the Council Work Session Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran,Young and Durrance, ABSENT: None The Council considered the following in Closed Meeting; A. Conference with Employees — Under TEX. GOVT. CODE Sec. 551.073. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference, The Council convened into a Work Session on Tuesday, February 10, 1998 at 6:00 p.m, in the City Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Krisloferson, Cochran, Young and Durrance. ABSENT: None 1. The Council received a report from Denton Convention and Visitor's Bureau regarding program updates and new initiatives, Jane Jenkins, Chair-Denton Convention and Visitor Bureau stated that the mission statement of the Bureau was to promote events and attractions,provide hospitality, education and ensure a positive aepcdcnce to Denton visitors, Part of that mission was to not concentrate on conventions but rather concentrate on events and attractions. Events and attractions were promoted by staff in various channels. There was a hospitality education committee to provide education to businesses and other groups. Another task force dealt with the billboard to the north of Denton. That task force worked on setting a policy on how that billboard would be used and what to put on the billboard. She reviewed the current organisation of the Bureau. • Christine Gossett, Manager-Denton Convention and Visitor Bureau stated that the Bureau published many brochures and information guides. She listed the organizations,both community wide and regional that the Director and Administrative Assistant were involved with, The Bureau had a contract with Anderson Hanson for promotional planning, media packages, assisting with writing and design of various print materials, cte. Gossett detailed community orgwtirations'attractions assisted by Anderson Janson In 1997, 2. The Council received a report, held a discussion, and gave staff direction on proposed O O consulting studies for: A. Land use planning and forecasting services 11 B. Wastewater collection system master planning and engineering services related to comprehensive plan development and impact fee implementation, I I i M 1I I I� 4 ' . .•xce.W lh`4 F k 1`r• M'«Y nrliPt'w•^.AI�'d:M= "1411101 pie, rS'q W"S171.uA+.'uwr.Mor w ;t I City of Denton City Council Minutes February 10, 1998 1 ll Page 2 ' I I Dave Hill,Director of Planning and Development,stated that the scope of work for forecasting and Iand use planning services would be coordinated with the engineering and impact fee consultant services needed to achieve the tasks identified in Scenario 2. A schedule(Scenario 2)was selected to allow completion of the comprehensive plan before proceeding to impact fee tax, The ; consultants would provide a ratio of tax revenue from different Iand uses, Jill Jordan, Interim Director for Watcr/Wastcwater Utilities, stated that Applied Geographic Technologies was the vendor for the state of the art wastewater system computar model already purchased by the City. The fine provided consulting services in addition to a software vendor role and was the only consultant interviewed with the capability of analyzing the potential for in-line storage of excess wastewater during rain events for treatment later at the plant. This firm would be working with two subcontractors • James Duncan and Associates and Alan Plummer Associates. Duncan was a nationally recognized impact fee consultant and was on the cutting edge for work with variable rate impact fees. Plummer would perform an update of the master plan for the water system and had successfully completed several projects for Denton. Jordan reviewed the scope of engineering work for the wastewater master plan and the water master plan as indicated in the agenda back-up materials, A road and drainage impact fee feasibility study would also be include in the project and would provide a variable rate option analysis. Special services to provide would include scope of potential work with additional attendance at public meetings by consulting team members and preparation of the impact fee ordinance. The contract included funding for these services but work would not be done unless the City authorized it in writing. The total cost of the ' contract was $265,690 with funding to initially to be p.-ovided by water bonds. The Wastewater and General Fund would reimburse the Water Department for those portions of the work when funds become available. The RUST contract and the roadway feasibility study would be funded by j a loan split between water and wastewater using unreserved retained earnings. General Govcmment would pay back both principal and interest alter October 1, 1998. Council Membcr Young asked how the amount of fee was determined. Jordan stated that that was what the consultant would help with. There were many different options such as rate depending on size of meter, variable rate throughout the community, a flat rate throughout community. Whether to have full cost recovery or partial cost recovery would have to be determined. Mayor Miller stated that the Pecs had to be spent on what they were collected for such as water impact fee for water projects. f Council Mcmbcr Beasley stated that Scenario 2 would spread out some of the costs. The whole process was moving up by using Scenario 2. Rick Svchla, Deputy City Manager, stated that James Duncan would study drainage and transportation fees, Not all of the costs had been seen yet. It might not be cost effective to have transportation and drainage fees. The process was not really moved up but rather was being taken in 0 pieces. Council Member Beasley stated that the costs would take care of atl of the work for a comprehensive plan and for water,wastewater and impact fees, ' '►�. ��> x � C� 32 x ❑ " $ rN f 1 I 1 C l 1 rl City of Denton City Council Minutes February 10, 1998 Page 3 Mayor Miller stated that this would provide preliminary data to decide whether to proceed with transportation and drainage fees. . Svehla replied yes. Jordan stated that the schedule contained an agreement with the contractor that if the Council chose to speed up the process, it could be done and with no extra charge. Consensus of the Council was to proceed with the contracts for Council consideration. 3. The Council received a report, held a discussion, and gave staff direction regarding a proposed landscape ordinance. (P&Z recommended approval, 5.2.) Dave Hill, Director for Planning and Development, stated that this was the third of the ordinances requested by the Council for implementation activities. The proposal would substitute the draft ordinance for the current ordinance and would be a complete replacement. Detailed specifics included the idea to manage an urban forest for the City and the 20.20 rule. The 20.20 rule worked toward the goal of 20 trees per acre and 20%of gross lot area developed to planting area. This was not the way other cities were doing landscaping ordinances. The ordinance was brief in an effort to make the regulations understandable,and easily administered and enforced. The draft would be an interim ordinance because further changes would be anticipated when the street tree requirements were added. Street tree requirements were temporarily postponed until a right-of-way strategy t could be developed as part of the comprehensive plan. Council Member Young asked how the trees would be preserved. Hill stated that instead of a tree removal permit,the developer would have to show limits of grading and clearing. Outside that area the developer could not remove any trees, 'there would always be an im entory of what was on-site before development and what was removed. Mayor Pro Tern Brock stated that this proposal would remove the distinction between protected and unprotected trees, Hill replied correct that any area outside the area of grading and clearing could not be disturbed and could not be cut down. This was also a site disturbance device and not just a tree preservation ordinance. t Council Member Young asked what would happen if trees were cut down without a plan. Hill stated that that would be a violation of the ordinance and subject to a $500 per violation fine v per day. • City Attorney Prouty stated that the ordinance read $500 for each instance that meant one • • transaction. 1f 20 trees were cut down at one time that would be one instance. 'There might be a u need to look at and change the language of the ordinance, It might be necessary to make it clear that each tree would be a separate instance. Council Member Beasley asked about residential property. I r , r Ri r r r,rs'r av :. fit & .k,'P4°��:f��t. «#'•'(Y .''�i%'''ia;,rM`5�5.'i.!H4'.Strc�'c�i'*E'vaT'h 7fn CC"RWR4itly'a apf "+er. i City of Denton City Council Minutes February 10, 1998 Paec 4 Hill stated that as soon as the final inspection was completed,residential property did not apply. Council Member Beasley asked about agricultural land. Hill stated that the property would make a declaration of land use for agricultural purposes,obtain a l permit for grading and clearing which was goad for five years. An original proposal but one which was rejected was for a per stem fine for removal. That proposal could be reviewed. City Attorney Prouty stated that the ordinance also stated that each day the developer remained out ` of compliance,he would be fined. I Council Member Durrance suggested options be studied for a fine so as to avoid clear cutting and just paying the fine. Council Member Cochran stated that the ordinance encouraged certain footprints through incentives. He liked the idea of performance incentives for landscaping such as placing parking in back rather than in front of a business. Hill stated that the current ordinance stated that if the parking Iot were in the rear, perimeter landscaping screening would not have to be done. The interior requirem,xmis would still be in effect. A question was that if moving the parking lot to the back was ena.itraged, would the ` building be allowed to be moved further forward on the property with no landscapmx:g. Council Member Kristoferson asked about an incentive to save larger trees. l Hill stated that when a site was designed,a developer could save money if he saved trees. D:yor Pro Terri Brock stated that some kind of mechanism was needed for saving"monarch"trees I4 which would�e special trees to save due to their size and age. Hill stated that the process would include a presentation at the Development Review Committee of the proposed limits of grading and clearing with a tree inventory. A distinction could be made in the ordinance between large trees and monarch trees. Mayor Pro Terri Brock stated that there was no requirement for irrigation in the landscape ordirance and felt that that might be addressed in the ordinance. Hill stated that survival was critical during the first three years of planting. The current ordinance only required a hose bib within 100 feet of the landscaping. There was a need to promote the use of native trees and plants. If irrigation were required, conservation measures would be needed. This i would cause increases in landscaping costs. Slayor Miller felt that once the investment was made,most individuals would do the right thing and O • k,rp the plants alive. Consensus of the Council was to continue with the process with a public hearing on Feb. 17th. Council Member Kristoferson also asked to consider the wording formonarch trees and a review of the penalty clause, 3 2 x 10 r L,. d1t�T41! - O , , r r , 1 a d r .,.,,;y, .,.,.rx.we.d+�.r� .r .;, .>s�N„�,:1 N'4Y;?C:!44°,Ikrtta"14i&"."P�':'�1`�.+''d'"'�°�iN•#�3%;��'6"-S4Ji5*7"udf!e�BT�;'S•O.+riX.x.� � a�aw{m 'r City of Denton City Council Minutes - February 10, 1998 Page 5 i 4. The Council received an update and held a discussion regarding the Denton Plan Schedule, with the intent of adding the following work items: Lighting Ordinance Thoroughfare Corridor Overlay District Affordable Housing Research Dave Hill, Director of Planning and Development, stated that these items would be added for review. The time frame for the Denton Plan was expected to extend to the end of 1999,as currently scheduled. The implementation items added were of shorter duration, and would be completed, at least on an interim basis, before the end of 1998. State would remain on task with the 1 comprehensive plan but might temporarily slow down small area planning during the summer and fall of 1998. Consensus of the Council was to proceed with the schedule as presented. S. The Council received an update and held a discussion regarding the City of Denton Landfill J Expansion Project Howard Martin, Assistant City Manager for Utilities, stated that in January the contract was awarded for the construction of the slurry wall and dewatering. The first part of March would complete the initial activities. Staff was in the process of bidding out the cell construction contract. The existing facility would be fully utilized around the August time frame and should be sufficient without problems. First cell would be a three-year site and Phase 2 would start after that. Council Member Beasley stated that the contract was to excavate the whole area of cell one. Martin replied correct. Council Member Beasley stated that each of the smaller areas would require adlitional money to prepare. Martin replied correct. Phase 2 would include 2A, 2B,2C,etc. G. The Council received a report, held a discussion, and gave staff direction regarding the 1998-99 budget calendar, Jon Fortune, Director of Management and Budget, presented the proposed budget calendar as indicated in the agenda back-up materials. . Consensus of the Council was to proceed with the schedule as presented, `+ 7. The Council received a report, held a discussion, and gave staff direction regarding the 1998-99 City Council Budget P iority Questionnaire. 1 •'F Jun Fortune, Director of Management and Budget, stated that each year the City budget process began with the completion of the Budget Priority Questionnaire by City Council. He asked Council to review the list of possible service areas to be included in the 1998-99 questionnaire and In 32XIO %r c I x { ! r 1 1 i f . .. h .w�iarsk.Rw,r{n,..{...6w.r,e .-»n.+rinRtl uh/'A^{1E'R.'1R+3YICYX .!mYN di'MN'k�T:'7lx n. liiSh'CAR7YgQMi>'e .r .re n:0 Jn . I YiJ i City of Denton City Council Minutes February 10, 1998 " Page 6 1 make any suggestions,additions or deletions. The questionnaire would be distributed on February I 1 I d' and was due back by February 17a. I r 8. Presentation of the Comprehensive Annual Financial Report for the year ended September j 30, 1997. Terry Kyle,Deloitte and Touche,stated that the audit resulted in several reports and opinions. The general-purpose financial statements resulted in a clean or unqualified opinion which meant that the financial statements were presented fairly in accordance with generally accepted auditing standards. The second report was a Report to Management. This report made suggestions to the city for areas Y i of improvement. Internal controls contained no material weaknesses. Three specific recommendations were made in this area None of these recommendations related to the current operations but rather dealt with future situations. The first recommendation dealt with the preparation for the year 2000 regarding computer readiness. The second recommendation dealt , with a specific accounting matter for investments and the third recommendation dealt with s L technical issue for deferred compensation plan. The single audit report now contained two reports. One related to the audit of internal control over financial reporting which indicated no material weaknesses. The second report related to an audit of grants that also indicated no material weaknesses. He felt that the audit went well with no problems and the scope of the work was not limited during the audit. Kathy DuBose, Assistant City Manager for Finance,reviewed the response to the Management Letter as indicated in the agenda back-up materials. I ' w at 10x0 .m. ' ess the meeting as adjourned n With no further buss g ) p , 1 JACK MILLER, MAYOR CITY OF DENTON,TEXAS 1 i JENNIFER WALTERS t ' CITY SECRETARY CITY OF DENTON,TEXAS > I r. l ,. 2.5 , 32x10 4 r. r r r ! } o, ' { i 5 , CITY OF DENTON CITY COUNCIL MINUTES February 17, 1998 After determining that a quorum was present and convening in an open meeting, the City Council ' convened in a Closed Meeting on Tuesday, February 17, 1998 at 5:45 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran,Young and Durrance. i ABSENT: None L The Council considered the following in Closed Meeting 1 A. Consultation with Attorney-Under TEX. GOVT, CODE Sec.551.071 1. Considered and discussed settlement of claim brought by Allison Carreiro against the City of Denton, Texas,for personal injuries allegedly suffered on March 24, 1996 , 2. Considered and discussed status of case with City Attomey in litigation styled Hansen Information Technologies, Inc. v. Azteca Svsrems, Inc. and City of Denton, Cause No. 4:97cv308 filed in the U.S. District Court, Eastern District,Sherman Division. B. Conference with Employees—Under TEX, GOV'T. CODE Sec. 551.075. The ! Council received information from employees or questioned employees during a staff conference or briefing,but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, February 17, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson Cochran,Young and Durrance. ABSENT: None M 1. Pledge of Allegiance • The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. the Council considered approval of the minutes of January G, January 13, January 20, January 21, and January 27, 1998. • Beasley motioned, Brock seconded to approve the minutes as presented. On roll vote, Beasley • • "aye", Kristorerson "aye", Cochran "aye', Durrance"aye",Young"aye Brock "aye", and Mayor Miller"aye', Motion carried unanimously. Y, � � '2X10 w. �w it c� . � { I n sM1 11� ' •�1 •r ll . r 1 v C r s c r , .7 f«Ji.`.,N,s.P:.K,::V?/SS.J. +Y°L4i yn$,"V�4i,it ek�:Wt'ttJ"r�r ✓a"�"�*..+:;��1�2#.' 19k:".pFLCFIIK�Y�Yt'Sk�+�'15S`a".C+:SaR,^wu � . .f,» '� City of Denton City Council Minutes February 17, 1998 I r Page 2 ASV ARDSIPRESENTATI ON S 3. Proclamations There were no proclamations for this meeting. I 4. Resolutions The Council considered the following, A. Approval of a resolution of appreciation for Mark Boyd. Mr. Boyd was not present at the meeting. B. Approval of a resolution of appreciation for Jimmie Brown. Brock motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye', Kristoferson"aye", Cochran "aye", Durrance "aye", Young"aye', Brock"aye', and Mayor Miller "aye". Motion carried unanimously. I CITIZFN REPORTS 5. Receive a report from Dessie Goodson regarding the City of Denton. Ms. Goodson was not present. j G. The Council received a report from Pyarali Hooda regarding discrimination on a variance at 1025 Dallas Drive Mr. Hooda stated that he had recently remodeled his store on Dallas Drive. The City put curbs near the gas pumps that made it difficult for customers to get in and out of the station. He requested a variance for the curbs. Mayor Miller stated that Council had received a report from the staff. It was his understanding that a request was to have been made to the Traffic Safety Commission for a variance which was • not done. He suggested Mr. Hooda meet with staff to determine what procedures to follow. Ilooda stated that when he submitted the plan to the City, he received a variance for approximately 15 feet for the curbs. When completed, an inspector indicated that he only had five feet for the curbs. If he had been told that earlier,he would have changed the plans. Mayor Miller stated that the appropriate process was to go through the Traffic Safety Commission for a variance request. There were differences in what the process was that was followed. Hooda stated that it would take time if he went through Traffic Safety. He had a letter from the City indicating that he had to have the curbs in the right location by February 20, He needed time to go through those procedures. °� ; , �', - •fit , r ��, +; a ' b , zueew�er - :-.z, a..�s•��•:�+:a.wv,R aF to F.Jt� ,�i�us,:+S °.�ti9+'t�'l�X?'r�.v,,yi"}V�."tA °tiKti�'CCs"S7 a"d(Xi:a�+`°.:!x�cnyr�,�z•.e,rka _ .•s.>.. City of Denton City Council Minutes February 17, 1998 Page 3 Council Member Young stated that Mr. Hooda was requesting an extension of time for moving the curbs and questioned if Council could provide that time. Mayor Miller stated that Hooda needed to get with Rick Svehla to determine the process. t Council might not be aware of all of the facts of the case and he was not certain Council could grant an extension of that time period. Rick Svehla, Deputy City Manager, stated that certain requirements were noted during the plan design phase that Mr. Hooda was not comfortable with. He sought a variance from the Traffic Safety Commission. That request was on the January agenda but Mr. Hoods did not appear not did any representatives. The Commission voted to deny the request. The letter Mr. Hooda was referring to indicated that Traffic Safety had denied the variance request and Mr. Hooda was required to move his bumper blocks back to his property line. At this point the only option might be was to go back to Traffic Safety. City Attorney Herb stated that Traffic Safety had the final decision with no appeal to the Council. The only possibility was that Traffic Safety might reconsider the request. 7. The Council received a report from Ali Al-Khafaji regarding discrimination on a variance at 1025 Dallas Drive. Mr. At-Khafaji stated that he owned the property at Dallas Drive that Mr. Hooda leased. Mr. Hooda tried to enlarge his store and a lady who worked for the City approached Mr. Hooda and asked him if he was buying or leasing the property, She told him that if he bought the property he would be free to do anything with the corner without obligation. If Mr, Hooda did not buy the property, she indicated that the City would watch his every step. When some person was singled out, it was discrimination. The City was liable because the city employee discriminated against the AI-Khafaji family. A grandfather clause should apply to this case. Another corruption he was aware of was "payola". He had talked to the former Mayor, Mr. Nash, to help Mr. Hooda, There was a need to stop corruption in the City, He did not want to sue the city , 8. The Council received a report from Ross Melton regarding stonewalling; targeting elderly widows. i Mr, Melton stated that streetlights were still burning in the daytime, Code Enforcement would • not talk to him and neither would the City Attorney. The City was going to proceed against his mother rather than against him, as she owned the property and he lived there. The City's trash and debris ordinance was illegal. There was an arbitrary decision of what was trash. The City Attorney did not listen to citizens. The Council was responsible for what happened in the City. CONSENT AGENDA Council Member Young asked that Item #15 be pulled for individual discussion. J14 Durrance motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances except for Item 015. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance"aye",Young"aye",Brock"aye', mid Mayor Miller"aye", Motion carried unanimously. 32 X 10 s a1 0 } ' I I City of Denton City Council Minutes February 17, 1998 { Page 4 i 9. NO. 9M26 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 90 HORSEPOWER LOADERBACKHOE TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2121 - LoaderBackhoe Tractor to Dallas Ford New Holland for$56,149.00) 10. NO. 98-027 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE STREETLIGHT POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid#2153-Concrete Streetlight Poles for 536,680.00) I1. NO.98-028 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE PURCHASE OF LEATHER UNIFORM JACKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2156 - Leather Uniform Jackets for $30,419.40) 12. NO. 98-029 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO 69 KV OUTDOOR CIRCUIT BREAKERS; PROVIDING FOR THE EXPENDITURE OF FUNDS;AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2159-69 kV Circuit Breakers for$65,600.00) 13. NO.98-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A VIBRATING TRENCH ROLLER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid#2162 -Vibrating Trench Roller for S28,734.00) 14. NO. 99-03 3 AN ORDINANCE APPROVING A CONTRACT AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE ANNUAL SUPPLY OF TIRES AND TUBES BID BY THE STATE PURCHASING GENERAL SERVICES COMMISSION AND PROVIDING FOR AN EFFECTIVE DATE. (PO #83108 - TAS of Denton for $70,000.00) 1 �� ? , y10 32x10 ri r • 1 w r C 1 r t f r` City of Denton City Council Minutes February 17, 1998 Page 5 16. NO. 98-032 E AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE " AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF EVERS PARK T-BALL FIELD LIGHTING TO TRICO ELECTRIC, INC. IN THE AMOUNT OF $69,000.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid#2168—Evers Park T-Balk Field Lighting Project for$69,000.00) 17. NO. R98-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR,STATE OF TEXAS,REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILEIDOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. 18. NO. 98-034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE FIRST AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO.98-035 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO UTILIZE PROPERTIES LOCATED AT 701 AND 705 ROBERTSON IN THE CITY'S AFFORDABLE HOUSING PROGRAM; AUTHORIZING CITY MANAGER TO FACILITATE THE SALE OF THESE PROPERTIES UNDER THE CITY'S AFFORDABLE HOUSING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. • 20. NO.98-036 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DEN-ION,TEXAS,ON MAY 2, 1998,AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 30, 1998, FOR 1'HE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES S AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES; • • APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION;ORDERING THAT AN ELECTRIC VOTING SYSTEM HE USED; AND PROVIDING FOR AN EFFECTIVE DATE. 1 I 0 :. ., v . ".yxi e . ..r.C.:y... .�,_, .Wrr.,.;., r •-D'C.WIP r.ITc`..°wf`+.^+3id.'Xd1'+�k'kWPL+WSO'R'4X?:q'.2.�",'5^"..i931.M.Ha�}'�aJM4' � srinl. City of Denton City Council Minutes February 17. 1998 Page 6 21. NO.98-037 { AN ORDINANCE APPROVING AMFNDMENT NUMBER THREE TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES;AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING 22, The Council held a public hearing and considered adoption of an ordinance to rezone a 0.425 acre tract from the Commercial conditioned (C[c]) zoning district to the Planned Development zoning district and approval of a detailed plan. The subject property was located on i the southeast side of Loop 298, south of Spencer Road. (Z-97.026, Gary Williams Retail _ ;r Company) Dave Hill, Director of Planning and Development, stated that this item was a detailed plan and a change in zoning. The location of the proposal was the Wal-Mart parking lot. The action requested was to rezone from Commercial-conditioned to a Planned Development district with a detailed ! plan. The proposed land use was for an unmanned gas station. The back-up materials indicated that this was a high intensity area with no allocation limits. There were no inconsistencies with the Denton Development Plan and no neighborhood meeting was held. The 20%rule was not in effect. A planned development was required because the property would not have a required minimum street frontagc, The applicant indicated that the raised planting areas would not be disturbed except for one. Conditions from the Planning and Zoning Commission dealt with lighting and signage. The applicant changed the light fixtures in order to have them more vertical with less light diffusion. The signage would not include a ground sign but rather a wall sign on the canopy of the station. Nothing indicated for the record that showed what kind of aesthetic properties the development would have, Mayor Pro Tem Brock asked if some type of wall sign would be permitted that would allow tie changing ofpdces for the gas. Hill stated dial there was no size limitation on a wall sign except that the actual portion of the sign • could not extend twelve inches beyond the structure. The sign would have to fit according to those regulations. { The Mayoropcncd the public hearing. i Mike Kowalski stated that his company had done these types of developments with other Wal-Mart • stores. He reviewed the way the unmanned pump stations would work. During the first few • • months an attendant would be present to help customers with the workings of the station. An employee would visit the station twice daily to inspect the station and maintain cleanliness. This station would exceed the requirements of the fire and safety code. A small building would be located on the site to house computer equipment Council Member Beaslcy asked where the canopy sign would be located. 1 � , �� 32X 10 City of Denton City Council Minutes February 17, 1998 Page 7 Kowalski stated that there would be two signs— one toward the Loop and one towards Wal-Mart. The sign would be a three product price sign. The Mayor closed the public hearing, The following ordinance was considered: NO.98-038 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT CONDITIONED PD[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A DETAIL PLAN FOR A 0.425 ACRE TRACT LOCATED ON THE SOUTHEAST SIDE OF LOOP 288,SOUTH OF SPENCER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye', Kristoferson "aye", Cochran"aye", Durrance"aye', Young "aye", Brock"aye', and Mayor Miller "aye". Motion carried unanimously. 23. The Council held a public hearing and considered adoption of an ordinance of the City of Denton,Texas, amending Chapter 22 "Parks and Recreation"of the Code of Ordinances of the City of Denton by adding an Article III providing for park land dedication or payment of cash in lieu thereof as a condition to subdivision plat approval and payment of park development fees as a condition to building permit issuance in order to provide for necessary park development t establishing a special fund for money paid for park development; providing a penalty in the amount of$2,000 for violations thereof; providing a severability clause;providing for a savings clause and providing for an effective date. Ed Hodney, Director of Parks and Recreation, stated that in 1997 Council directed staff to prepare a park dedication ordinance for future consideration. Staff used input from the Planning • and Zoning Commission, the Parks and Recreation Board and citizens. There had been ten separate public meetings an&or public hearings on this issue, The proposed ordinance had been modi red since the January 27th meeting after consultation with the City Attorney and an outside attorney with expertise in planning and zoning issues. Section 22.35 contained most of the changes of the ordinance. The provisions of the ordinance required park land dedication for developments over 2,000 residents whether single family or multifamily. Land dedication would • apply to subdivisions not yet approved as preliminary or final plats prior to the effective date. It 0 • would apply to all applications after the date of implementation. Fees in lieu of dedication would c,�x be collected if subdivision generated less than 2,000 new residents. Those fees would not apply to final plats approved prior to the effective date of the ordinance. The fees would apply to all other preliminary and final plats. The ordinance also established a park development fee. Those fees were$291 for single family lots and $187 for multifamily lots, Rather than having the fees collected at the platting stage, the fees would be collected at the building permit stage prior to WJF 71r. 32 X rraourar r v , I t . a r.+ .., ...r-a ar. ♦.n...;•. . ^w a reir6lw rr;+'3;r�.e'rt>tivuW�iF:p.•,M.s)rictMtE�MNRY��t.1+k.KaiLr1.hCr�f � wf+viiiun �, i City of Denton City Council Minutes February 17, 1998 Page 8 ! issuance of the permit. Any rooftop that would be ui;j would contribute both land and/or a fee in lieu of land as well as the park developrr:.a fee. Other provisions included a consideration for additional land dedication. The City:,just spend the fees within 10 years of collection or the fees with interest would be refunde? to the developer upon request. The fees would have to be tracked to specific subdivi,:ons. A 509/6 credit would be given to a developer against the requirement for land ded'.cation in cases where a private recreational facility was proposed. Council Member Cochran noted that a developer had to make a request for unused funds within 90 days from t}a end of the ten-year time frame. He felt that that was too short of a time period to apply for I'M refund. He questioned if there was a legal provision for that length of time. } Hodney .fated that there was no legal provision that he was aware of A similar provision was found In other ordinances, .! s Co incil Member Cochran felt that the time frame should be left open for application of a refund. 'ouncil Member Young asked if an individual homeowner would have to pay these fees. Hodney replied that the land dedication or fee in lieu of dedication would not apply, The park i dedication fee of$291 would be collected without exception. Council Member Young asked about commercial development. F Hodney stated that it only affected residential structures. The Mayor opened the public hearing. Mitchell Turner stated that he was in support of the ordinance. In prior years developers asked for a volunteer dedication that had not worked. The time for a change was long overdue. This ordinance would correct that. He did not agree that it was unfair for developers as they would add the cost of the fees to the price of the home. He felt homeowners would be willing to do this as they were willing to pay for a convenient park near their homes. He felt this ordinance would not adversely affect the development of Denton. There currently was not enough parkland for the residents of the city. • Tom Richards stated that his home was n:xt to a park which added to the value of his home Decisions made now would affect the future residents. He felt this was a good idea and the Council should support the proposal. The Mayor closed the public hearing. • O • Mayor Pro Tem Brock slated that the Council had been looking at this ordinance for a long time � with much discussion. There were concerns about hew this would impact affordable housing and Council had made a commitment to look at the issue and to think in terms of how to deal with that issue. Ae following ordinance was considered: �" ' 4 2 q o ' y , O { 41, r • c.,,.,in..w .r.rr.�..: •.�.,.•_3Yr,iv kt�.�aJ.h'.a'r{114'YIFC6�' .tl'wO�M`471.T�t2*1.i.3' 2'+OM'iwsalm:'%'MC xnasra � ' City of Denton City Council Minutes February 17, 1998 Page 9 NO. 98-039 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22 "PARKS AND RECREATION"OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO SUBDIVISION PLAN APPROVAL AND PAYMENT OF PARK DEVELOPMENT FEES AS A CONDITION TO BUILDING PERMIT ISSUANCE IN ORDER TO PROVIDE FOR NECESSARY PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $300 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS ° CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. , Brock motioned, Kristoferson seconded to adopt the ordinance. Council Member Durance stated that Council had considered this item on several occasions and felt that this was a good issue. He was surprised that there were not more speakers on the issue i as many had expressed concerns regarding the amount of parks in the city. Council Member Young stated that originally he was against the proposal as he felt there was a budget for parks for current maintenance. He also felt it would have an effect on affordable j housing. But after polling the people in his district, the people were in favor of the park dedication. Council Member Beasley stated that everyone indicated a need to plan for growth but there was a need to determine how to do that. As the population increased, the tax base would also increase so as to allow for maintenance of the parks. This would be a gradual process and the funds would be available to do this. She was also concerned about the effect on affordable housing and _ staff was investigating how to allow affordable housing an exemption to these regulations. . : Council Member Cochran felt that this was good for the community. This decision would have far reaching consequences. It would promote equity in payment for parks. It was important to • have an adequate ratio of parks per person in the city. He suggested a friendly amendment to " omit the sentence concerning the 90-day requirement for a refund, Hodney felt that rather than eliminate the time frame insert a specific length of time. To leave the time frame open-ended would create an administrative problem. • Council Member Cochran suggested a one-year time frame. p �} Mayor Pro Tern Brock and Council Member Kristoferson agreed to that amendment. Mayor Miller stated that the City had a shortage of parks and this proposal would help bring up the standard. Beyond that,it would take the pressure off other property taxes, On roll vote, Beasley "aye', Kristoferson"aye", Cochran "aye', Durrance "aye", Young "aye", 10 32 .f " • ; c I ,L,.bs, City of Denton City Council Minutes February 17, 1996 Page 10 Brock"aye',and Mayor Miller"aye". Motion carried unanimously. 24. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending"r.apter 31 "Landscaping, Screening and Tree Preservation'of the Code of Ordinances of the City of Dewon by repealing Chapter 31 and adopting a new Chapter 31 "Landscape" of the Code of Ordinances of the City of Denton providing for mandatory tree requirement per acre of development; providing a mandatory minimum planting area for all development; providing for limits of clearing and grading for developments; establishing tree credits for the preservation of trees; establishing requirements for screening and lan0scaping regarding parking lots, outdoor storage areas and bufPeryards; providing for the administration of tree inventory plans, landscape plans and plot plans and for enforcement of the ordinance; providing for the adoption of fees to administer and enforce ordinance; providing a civil penalty in the maximum amount of $1,000.00 for violations thereof; establishing a selected species list; providing a penalty in the maximum amount of $500.00 for violations thereof; providing a severability clause; and providing for an effective date. Dave Hill, Director of Planning and Development, stated that this was the third item in the implementation phase of the planning activities. Thin item was a public hearing with consideration of a replacement ordinance for Chapter 31 of the Code. There were numerous public meetings held on this issue. Initially staff was asked to revise an ordinance that was ` considered awkv and in terms enforcement with interpretation difficulties. Staff was also asked to find a way to bolster tree preservation. The approach was to use an urban forest concept with the concept of the 20-20 rule. The 20.20 rule referred to development sites preserving 2(r of total lot planting area and 20 trees per acre being required as a measurement of urban forest. The other component was that the application for requirements would be for multifamily and commercial properties. This would affect all properties equally. Future developments would have to participate in this ordinance. There were five items brought up at the work session for discussion. The first item involved penalties for violations which it was felt did not reflect the value of trees if removed illegally. If there were a violation where trees were removed illegally, the applicant would have to submit either a new or amended landscape plan approved by DRC wit): a daily fine accumulating for violations. There was also a clause providing for injunctive re':icf to stop the violations promptly with a civil penalty in the penalty section. The second issue dea t with "monarch" trees — a definition should be added to the ordinance defining monarch • tree: as trees which have been determined by the Director to be of significant value because of its species, z;�c. a;tc, form, historical significance or other characteristics. The nomination of a monarch tree would take place only during landscape plan revie.i by the Director or Director's ,,taff. An appeal could be made to the Planning and Zoning Commission. Council Member Cochran expressed a concern with now general the designation was written in regards to a monarch tree in that there was no objective definition for such a tree. He felt there • should be some type of definition that was not as general 0 ! }till stated That some type of minimum diameter might be used as a guideline. The problem with that was some older trews might not grow to a great size, A revised selcct,•d specifies list was included with a designation which showed Trees for tree credit and those for monarch tress preservation. ,•.. ', A • rh � LIVEN" 1 City of Denton City Council Minutes February 17, 1998 Page 11 Council Member Durance asked if an age requirement might be considered adequate fora t "monarch"tree. r Hill stated that the selected specifies list identified trees that would be climaxed trees for the area. It would be preferable to not measure the age of the trees. Mayor Pro Tem Brock stated that one suggestion was to allow citizens to nominate a tree, which would be special. This might be an additional means to identify monarch trees. Hill stated that nominations could be allowed if desired. Mayor Miller stated that there could be two approaches. One could be the one size of the tree and other could be citizen input. Size and citizen input or Director's input would allow for a better definition of those trees. Hilt stated that the third issk•e from the Work Session involved irrigation recommendations for the proposed ordinance. They:v.as no change from the prior version. There was the feeling that the developer installing the trees would value them and water them property. I Council Member Kristoferson asked about the three year time period for watering. ` Hill stated that the three-year time period was critical for the survival of the tree but there was no recommendation that that be an enforcement period. i Council Member Beasley stated there never was a recommendation to have irrigation 1 requirements for residential property. Hill replied correct. Council Member Beasley stated that once the final building approval was reached for residential property,the city would not monitor those plantings, Hill stated that a companion docc:ment could be provided regarding irrigation that would help . developers maintain their plantings, Council Member Cochran understood that surface water such as a hose bib would be required within 100 feet. Hill stated that that had been deleted from the ordinance as it would not encourage water conservation measures. Item 4 of the issues related to the revised selected species list to be " I., • included in the ordinance. The list was more user friendly to use as a beginning for planting 9 materials. Issue 5 related the Planning and Zoning Commission's issues. The major items included species diversity and a definition of the limits of clearing and grading. The Mayor opened the public hearing. i 32 rw x [ 0 I [ O c , [Jii '.�Aia"YY City of Denton City Council Minutes February 17, 1998 Page l: ; Owen Yost stated that he like the intent of the proposed ordinance. It preserved the natural resources of Denton. It did not prohibit development but interred insensitive development. Most developers landscaped sites adequately which was economical for the development, He hoped that qualified individuals would review the plans as some individuals who were not qualified would enforce the P 1 ans which he felt would not be good. I Darrell Haskins stated that he was against the proposed ordinance. He felt this would create an administrative problem to count every tree around a property and to make sure those trees were still growing. Tom Edmundson stated that part of the proposal was good and pail was not. He wanted Denton to be the nicest place for large corporations and for the residents. He felt there needed to be a requirement for water on site for developments for those individuals who wanted the vegetation to survive. Nancy Ustick stated that the fines assessed might need more research. She knew of developers who had given money to communities when beginning to develop rather than follow certain requirements. She felt that the fines might be larger. She would Iike to see certified irrigation individuals involved in the development of the landscape. Mayor Miller indicated he had speaker cards from the following individuals who did not wish to t address the Council: Witt Dieterich Jan Vilcs Jocilc Shirley Peter flu strand Robert McFarland Tony Jacques Cliff Mycoskie Dave Noble + The Mayor closed the public hearing. Mayor Pro Tem Brock expressed a concern about the 20-20 aspect of the ordinance. Brock motioned, Young seconded to postpone consideration of the proposal for a short time in order to have one more work session to look at specific cases such as commercial projects in progress. She felt more discussion was needed. If there were any changes after the next work session, another public hearing would be held. • • ` Council Member Young felt that the ordinance still needed more work. He felt there were problems with the 20.20 rule and problems with indicating certain size trees in yards. Council Member Beasley indicated that she was still concerned about monarch trees with no clear definition and procedure to follow for that process. She was still concerned about irrigation and the need for some type of irrigation requirements. There was a need to review the Planning O. 32 x C1 [ , Q i , ,,, , v., .r 7.at.'xRG. t„ .a,., :�+xfLtFSplals.MmF47%:'t4'M�fi+7M"'Kl.+t+:s.?hAVT'-t�.YM � g••., City of Denton City Council Minutes February 17, 1998 Page 13 i and Zoning Commission recommendations which had not been addressed. She felt it would be r helpful to see projects with this rule applied. She liked the concept that was simple with clearing and grading requirements but more details needed to be worked out. I Council Member Kristoferson stated that she would agree to postponement but was in favor of the proposal. She felt that the intent of the ordinance was excellent. She had some reservations about irrigation. On roll vote, Beasley "aye", Kristoferson "aye", Cochran „aye , Durrance "aye", "aye', aye , s, Brock"aye",and Mayor Miller"aye". Motion carried unanimously. VARIANCES 25. The Council considered approval of an exaction variance to Section 34-116(e), water line capacity,of the Subdivision and Land Development Regulations for a 10.003 acre tract located in j Division One of the City of Denton's extraterritorial jurisdiction. The property was located on the west side of Hillview Road, approximately 761 feet north of Jackson Road and would consist of three single family lots. (The Planning and Zoning Commission recommended approval.) ' Dave Hill, Director of Planning and Development, stated that Items k26 and k27 were related. D This was a three lot subdivision. The variance was for the requirement of water line capacity for 500 gallons per minute and was requested due to the lack of adequate distance from a water line connection. The cost for the water line would be $450,000 which was deemed by the Planning and Zoning Commission to exceed a reasonable benefit to the property owner, The Planning and Zoning Commission recommended approval of this variance. Cochran motioned, Brock seconded to approve the variance. On roll vote, Beasley "aye', Kristoferson "aye', Cochran "aye', Durrance"aye", Young "aye', Brock "aye",and Mayor Miller "aye". Motion carried unanimously. 26. The Council considered approval of an exaction variance to Section 34-116(c), fire 1 hydrants, of the Subdivision and Land Development Regulations for a 10.003 acre tract located I in Division One of the City of Denton's extraterritorial jurisdiction. The property was located on the west side of Hillview Road,appro-imately 762 feet north of Jackson Road and would consist of three single family lots. (The Planning and Zoning Commission recommended approval.) Dave Hill, Director of Planning and Development,stated that if the water lines were not required, t 7, the fire hydrant regi:irement should also be excluded. Cochran motioned, Beasley seconded to approve the variance. On roll vole, Beasley "aye", • Kr "aye"stofcrson aye , Cochran aye',Durrance "aye", "aye", , and Mayor yo Miller � • j "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Item NI 5 was considered from the Consent Agenda. 10 32XID • 0 t . .. .. . :.., a .. •,, . t..., r.',? t .vr.M;a'.k'tt:;J.'t;1tih'Nt. a ;1^:.,;h'uilw Tn••pir� � o .,,.r r :S City of Denton City Council Minutes February 17, 1996 E Page 14 15. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a contract for public works or improvements for construction of the Civic Center Pedestrian Bridge Project in the amount of$103,472.00;providing for expenditure I ' of funds therefor; and providing for an effective date, (Bid #2161 — Civic Center Pedestrian Bridge Project for$103,472.00) Council Member Young asked about the size of the bridge. Ed Hodney, Director of Parks and Recreation, indicated that the bridge would be 85 feet long and 10 feet wide, Council Member Young asked about the possibility of using an historic bridge there. Hodney stated that the historic iron bridges were looked at several months ago. At that time staff communicated to Council and to Mildred Hawk that the bridges were not the design character and dimensions needed for the park. There was a possibility of using sites along the rail-trail for the bridges. The following ordinance was considered, NO. 98-032 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR I CONSTRUCTION OF THE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN THE AMOUNT OF $103,472.00; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2161 —CIVIC CENTER PEDESTRIAN BRIDGE PROJECT FOR$103,472.00) Cochran motioned, Beasley seconded to adopt the ordinance. He indicated that this bridge was necessary in order to move people plus wheelchairs across the bridge. The current bridge had been inadequate for a number of years. This was a safety issue as much as an aesthetics issue. On roll vote, Beasley "aye', Kristoferson "aye', Cochran "aye', Durrance "aye', Young "nay", Brock"aye", and Mayor Miller"aye'. Motion carried with a 6-1 vote,. 27, The Council considered approval of a resolution to declare the intent to reimburse expenditures from iuveserved retained earnings of the water and wastewater funds with Certificates of Obligation; and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this resolution would allow staff to go forward with the forecasting analysis for the comprehensive plan and the impact fee analysis. Legislation now allowed the declaration of intent to reimburse funds with proceeds from a bond sale 18 months before that issuance. 0. K 32X A s 1 " w e' }; o ' . �.�.... ..iw. ., . .r.w..v ....•ArY 1'4-'{:� pr,Pi'Val!'l.`Al'1}'Kl'Y�+IA?'SM5'J'#,R1"'4�.'�J4'4i"M9'YJI.'49 q'h`NiG4M'A � Ir,w, ' City of Denton City Council Minutes February 17, 1998 Page l5 f 1 The following resolution was considered: f NO.R98-010 ' 1 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED RETAINED EARNINGS OF THE WATER AND WASTEWATER FUNDS WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Cochran seconded to approve the resolution.. e Council Member Young stated that he was against impact fees so he would be against paying the consultant. Staff should do this and not a consultant. He felt the current system was not fair. On roll vote, Beasley"aye", [{ristoferson "aye", "aye",aye„ , Dur ”ance aye,1 "nay", nay", Brock"aye", and Mayor Miller"aye".Motion carried with a 6.1 vote. 28. The Council considered adoption of an ordinance approving professional services contracts with; A. Applied Geographic Technologies, Inc. for wastewater collection system, master planning and engineering services related to the Comprehensive Plan Development and Impact Fee Implementation. (RFSP#214OA) 1 B. RUST Environment and Infrastructure, Inc, for comprehensive land use 1 planning, (RFSP #2140B) 111 Jill Jordan, Interim Director of Water/Wastewater Utilities stated that this study would provide a master plan for a wastewater system. It would update the water distribution study to be compatible with the land use assumptions in the new forecast for the development and build out of the city. It would also provide money for a feasibility study to help determine whether or not to enact impact fees for roadways and drainage system, A Council Member Beasley asked if there were anyone on staff who could do this type of work. Jordan stated that they had looked at staff doing the wastewater master plan but there was no way to do it within the next three years and still have time to do other work. i Council Member Cochran asked when was the last study done. i • Jordan stated that the drainage system was updated in 1990 and was a generalized master plan for • • drainage It dealt more with the pipe system. There wcre also a numberof flood plain studies that were not complete. This proposa, was for a wastewater master plan wW water master plan. i The following ordinances were considered: a r r 0 t v w . acrMa= r 4 r ... +r ...w .. ..,.n. .. , .1. 5r'JGTd.dJ `:d�'sr4'Z'4 Y'gYrSl1�M'IQ°U11YJ:!k.,`ti+ brr P1YJ^.IS.M➢"'r:la!rtMN � wM✓ City of Denton City Council Minutes February 17, 1998 Page 16 N0, 9"0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES FOR WASTEWATER COLLECTION SYSTEM MASTER PLANNING AND ENGINEERING SERVICES RELATED TO COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE IMPLEMENTATION WITH APPLIED GEOGRAPHIC TECHNOLOGIEN, INC; AND PROVIDING AN EFFECTIVE DATE, NO.9"1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES FOR FORECASTING AND LAND USE PLANNING SERVICES RELATED TO COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE IMPLEMENTATION WITH RUST ENVIRONMENTAL & INFRASTRUCTURE, INC.; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Kristofcrson seconded to adopt the ordinances. On roll vote, Beasley"aye Kristoferson "aye",Cochran"aye",Durrance"aye",Young "nay", Brock "aye",and Mayor Miller "aye". Motion carried with a 6.1 vote. 29. The Council considered approval of recon;mendalions from the 1996 Oversight Committee for miscellaneous street, drainage,traffic sigrdls, sidewalks,and recreation fields. Rick Svchla, Deputy City Manager, stated that the recommendations from the Oversight Ik Committee were listed in the back-up materials. There were a number of projects in each area which wete gathered by neighborhood meetings for use and need and city board Kristoferson motioned, Beasley seconded to approve the recommendation. On roll vote, Beasley "ayc",Kristoferson "aye', Cochran "aye", Durrance "aye",Young "aye", Brock "aye", and Mayor Miller"ayc'. Motion carried unanimously. 30. The Council considered approval of a resolution of the City of Denton,Texas;rpproving the application of Intemational lsotopes, Inc. for plan line funds for construction of watt: lines for a facility near Woodrow Lane;and declaring an efTcctive date. Council Member Young abstained from voting due to a conflict of interest. Jill Jordan, Interim Director of WaterfWaslewater Utilities stated a development plan line was an O opportunity to help developers with the cost of water/wastewaler lines to their property. In this case there was a need for a water line to the property. The cost of the water line would be $77,000, There would be a net benefit to the City to participate in this water liner The following resolution was considered: 1 f .f r f + v. r City of Denton City Council Minutes February 17, 1998 Page 17 NO. R98-011 ' A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPLICATION OF INTERNATIONAL ISOTOPES, INC. FOR PLAN LINE FUNDS i FOR CONSTRUCTION OF WATER LINES FOR A FACILITY NEAR WOODROW LANE;AND DECLARING AN EFFECTIVE DATE; t Brock motioned, Durrance seconded to approve the resolution. Council Member Cochran stated that he would be voting against the proposal due to the fact that the City was already building a 5700,000 road for the development. He felt multipliers of wage impact were being used to determine net profit to the community. He questioned these assumptions. Council Member Beasley stated that there was a policy in place to assist those who qualified. If Council did not want to do then, there should not be a policy but if a development met the requirements, the Council should proceed. Mayor Pro Tern Brock stated that the City had never used all of the money allocated for these types of projects. This was a long-standing policy which would further the goals of the master plan. This development fit the area to encourage continuous development in area. Council Member Cochran stated that he was also opposed to the proposal as there were other pressing needs for funding and those funds for such projects could be used for projects such as infill within the city. This was a regressive type of tax. On roll vote, Bcaslcy"aye",Kristoferson"aye",Cochran "nay", Durrance "aye", Brock "aye", and Mayor Miller"aye'. Motion carried with a 5.1 vote. Council Member You-.g returned to the meeting. 31. The Council considered adoption of an ordinance partially vacating a certain drainage r+ easement recorded in the Real Property Records of Denton County, Texas at Volume 1979, Page 210;and providing for an effective date. (Southwest comer of Audra Lane and Loop 288) Rick Svehla, Deputy City Manager,stated that the next three items were vacating casements. In all of these cases new casements had already been obtained in either a different location or a similar location. This ordinance would straighten an easement. The next two ordinances no longer needed the easements. • The following ordinance was consid red: • i ,, G { NO. 98-042 AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1979,PAGE 21;AND PROVIDING FOR AN EFFECTIVE DATA. 32X 1MlPNai `, � , • i V 1 r i i DG�iRfiO .. ..., ., � r.x• ert.r a�.e .. .^evW+tM'rr era"wrnadlvr;+c�cifNYJv'n,:,nt,+u rw+ua.platii � ..tii.'.. City of Denton City Council Minutes February 17, 1998 Page 18 I Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye', { 1 Kristoferson"aye", Cochran"aye",Durance "aye", Young"aye",Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 32. The Council considered adoption of an ordinance partially vacating a certain sewer and drainage easement from H. D. Roberts and wife, Stclla Roberts,to the City of Denton by easement deed on March 3rd, 1960 and recorded with Clerk's File Number 3881; and providing for an effective date, (Northwest comer of Stuart and Windsor Drive) Rick Svehla, Deputy City Manager, stated that these facilities had been abandoned and a new easement had been obtained. g I ° The following ordinance was considered: NO. 98-043 J AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE EASEMENT FROM H.D. ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY OF DENTON BY EASEMENT DEED ON MARCH 311D, 1960 AND RECORDED WITH CLERK'S FILE NUMBER 3881P; AND PROVIDING FOR AN EFFECTIVE DATE. ' Cochran motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye', Kristofcrson "ayc",Cochran "aye", Durraoce"aye",Young "aye', Brock"aye", and Mayor Miller "aye". Motion carried unanimously. 33, The Council considered adoption of an ordinance partially vacating a certain utility casement recorded in the Plat Records of Denton County, Texas at Cabinet 1, Page I IS, s it pertains to Lot 2R, Block A, of the Bell Place Addition; and providing for an effective date. (816 N.Bell Avenue) Rick 5vchla, Deputy City Manager, stated that a transformer had been moved at this location and the easement was no longer needed. The following ordinance was considered: NO. 98-044 AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE FLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET 1, PAGE 1Ill, AS IT PERTAINS TO LOT 2R, BLOCK A, OF THE BELL • PLACE ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. 1 •., Cochran motioned, Heasley seconded to adopt the ordinance, On roll vote, Beasley "aye", TNT Kristoferson "aye", Cochran"aye", Durrance"aye", Young "aye", Brock"ay>", and Mayor Miller "aye". Motion carried unanimously, s , 34. The Council considered adoption of an ordinance of the City of Denton, Texas abandoning and vacating prescriptive street right-of-way easements to the portion of Blagg and Trinity Roads ' «' 5 K to 32XI ❑ i tl� Q � i , .,.. .;�,v^e+ a .a;; ^. ;'.; a" ?'•a•,".P .. . :.t. lrA� r�"v :`4"+.'xt°'YlYt"Y?v-k '� ,ti axraa•,�.�IU,� � .,,.. City of Denton City Council Minutes I February 17, 1998 Page 19 located in the Lakeview Ranch Addition, Phase 1; providing for the reversion of the fee in said land; and declaring an effective date, Rick Svehla,Deputy City Manager, stated that Lakeview Ranch was platting new size lots verses the old planned development that was in place. In doing so they wanted to close a portions of road to plat lots on. Staff had worked out a schedule with the developer in terms of paving for closing the old road and openipg the new road. There would be access provided along the old roads:until the new roads were completed. Kay Wilkinson stated that she did not have a problem closing Trinity Road. She had a concern with the egress out of area should Highway 380 be closed. There was only one way to get in and out of the city. If there were an accident during construction, it would close the highway. They would not be locked in but would have to zigzag through the subdivision. Blagg Road was deteriorating badly. She asked who would maintain Trinity Road in the interim as it was in poor condition. Maurice Wilkinson stated that the Lakeview property had been a very serious problem. Vehicles were constantly going into the property for"mudding". There also was a trash problem in the area as it was used as a dump ground. Motorcycles were in the area all of the time to ride in the area. He was also concerned about the new plant coming into the area that would give off lead omissions. The area was terribly neglected, Rhea McNctt questioned whether the City or the County would maintain Blagg Road if it were closed. If it were closed the only access would be back to Lakeview and around. Svebla stated that as the new roads were built,the old roads would be used until completed. I The following ordinance was considered: NO. 98-045 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDITION, PHASE I; PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND;AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durrance "ayc', Young"aye", Brock "aye",and Mayor Miller "aye", Motion carved unanimously, 35. The Council considered adoption of an ordinance amending the Schedule of Electric Rates contained in Ordinance No. 97.236 which adds an EnergySave Program Schedule(EP) and repeals • and replaces the Appliance Rebate Schedul: (APR); providing for a repealer; providing for a sevcrabiliryclause; and providing for an effective date. Sharon Mays, Director of Electric Utilities, stated that this ordinance would update the energy saving rates to modernize them. This was more important now as the city was in a position to acquire additional capacity to meet Denton's load growth, �� v1r •. r ? r? Kr� 2 X' ID rAN asa» , f , ar i �w r a am= ' r Y .. . ., _...r . .a .,L.; .._.. .., .Irr,.v.mmYPai-r.r�^o,Mn,'"sg4hvM.#eA.W'M^NsgMnkzvrswMM'M�.tm'+r1••�x.• .. i•w..+,� II City of Denton City Council Minutes February 17, 1998 Page 20 The following ordinance was considered: a. NO. 98-046 i s^ AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES l CONTAINED IN ORDINANCE NO. 97.236 WHICH ADDS AN ENERGYSAVE PROGRAM SCHEDULE (EP) AND REPEALS AND REPLACES THE APPLIANCE 1 REBATE SCHEDULE(APR); PROVIDING FOR A REPEALER; PROVIDING FOR A V SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. On roll vote, Beasley „aye', Kristoferson "aye', Cochran "aye", Durrance "aye', Young "aye', Brock"aye',and Mayor Miller"aye', Motion carried unanimously. . , I 36. The Council considered nominations/appointments to the City's Boards and Commissions. t, There were no nominations made at this meeting. t 37. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 38. New Business ' The following items• f New Business were suggested by Council members for future agendas: j A. Council Member Beasley suggested looking at the notification process for zoning. B. Council Member Young asked about the tress that were r:Yady planted in the median on University Drive and what would happen to them during the construction. City Manager Benavides stated that those trees were in the center of the median and would not be disturbed during the construction. ( ' 39. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 40. There was no official action taken on Closed Meeting items held under Section 551-071— 551.085 of the Texas Open Meetings Act. With no further business,the meeting was adjourned at 10:45 p,m. 1 JENNIFER WALTERS JACK MILLER CITY SECRETARY MAYOR CITY OF DENTONJEXAS CITY OF DENTON,TEXAS 2S 10 32X i :aiwo►,tr , yl ; O I r � e CITY OF DENTON CITY COUNCIL MINUTES February 24, 1998 A:ler determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, February 24, 1998 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Kristoferson, Cochran, Young and Durrance, ABSENT: Council Member Beasley The Council considered the following in Closed Meeting: A, Conference with Employees — Under TEX. GOVT. CODE Sec. 551,075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, February 24, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Kristoferson, Cochran, Young and Durrance, f ABSENT: Council Mcmber Beasley l 1. The Council received a report, held a discussion and provided staff input on expediting impact fees for water and wastewater. Jill Jordan, Interim Director of WatcreVactewater Utilities, stated that as Council and staff began talking about impact fees, several alternative schedules were discussed. One schedule was based on doing the comprehensive plan, follow by the master plan a, d then enacting the 'impact fees. There had been continuing questions on the part of several Cut ncil Members as to whether or not that schedule could be speeded up. One alternative schedule was to not enact all of the impact fees and to do them quicker. After looking at vario z alternatives, it was felt that the first alternative was better. That would enact partial impact fees for water and wastewatet that focus on the improvements to the treatment plants and water storage systems. It was already known that these facilities were needed and how much they would cost. They were improvements that would affect • the 0y as a whole. If the Council proceeded with this alternative, an advisory committee would have to be appointed as soon as possible. As the impact fees were enacted, the committee would review the land use assumptions and the ten-year CIP and give recommendations. The committee did not have to approve the impact fee but it must review it, The advisory board would be made up of the City's Planning and Zoning Commission assuming that one member was a member of the development business community. One member would have to be added who lived outside the city f limits. That person would not serve on the Planning and Zoning Commission but would only deal • with impact (cc topics. A second allcmativc was to appoint an independent new board. That group • } would have to have 40"/9 make-up from the dc,clopmenl community. Staffs recommendation was tyP to use the current Planning and Zoning Commission with an ad hx member for impact fee issues. 11:1u,.e the Public Utilities Board and the Council would look at the ten-year CIP. James Duncan presented information on the Texas Impact Fee Act. General provisions stated that fees could be assessed only for roads,drainage, water, and wastewat-r projects. The fees could be assessed within the city limits and extraterritorial jurisdictions except for roars. The fees may ,f 1 1 r .,. ., V'. ? 4 f n.l.�.•h'T p:f.� ,• .• e,'Fp J arpy II City of Denton City Council Minutes February 24, 1998 Page 2 include the cost for land,improvements, financing and consultant costs. The fees could not be used for non-CIP projects, operation and maintenance, rehabilitation or administration. Two phases had to be completed that contained a land use assumption and a CIP. The land use assumption had to project density, intensity and population for ten years and a qualified professional must be used to prepare the CIP. The CIP had to contain existing facility capacity, needed expansions, a service unit table, projected service units and projected demand. Platted lots would have a one-year grace period after fee adoption, fees assessed at subdivisiois platting would lock in the fee schedule, Fees could be collected at platting, connection, building permit or certificate of occupancy. After assessment, a fee increase would be allowed only if service units increased and developer agreements established timing and method of payment. Administrative procedures included credit for off ske road dedications/contributions required, fees had to be deposited in interest-bearing accounts (earmarking) and fees must be refunded if not spend within 10 years. Public hearings were required for both the land use assumptions and the CIP adoption along with three consecutive weekly newspaper ads. A system-side (non-service) plan commission was required and advisory committee would review, monitor, advise and prepare semi-annual reports, Land use assumption and CIP updates were required at least every three years. j Jordan slated that one con for speeding up the process was that the consultant contract allowed for only one round of impact fees. If the process were speeded up, thee would have to be an amendment to the contract for additional work. Mayor Pro Tem Brock felt that a lower impact fee would be used as only plant related d improvements world be considered. The lower impact fee would be Iocked in for those developments completing their final plats before the revised fees were set. Those lost fees could not be recaptured. Jordan stated that when the fees were set, l00% of the cost did not have to be set. The cost recovery would br set at a Wgher level so that the fee was not that different, Mayor Pro Tem Brock stated that the City could begin to capture fees sooner to compensate certain loses or added costs of consultants. Jordan stated that an advantage was the City would be collecting fees fourteen months sooner than the original schedule. Consensus of the Council was to proceed with the fast track plan as presented. 2, The Council received a report, held a discussion, and gave staff direction regarding home occupation regulations. i Dave Ifill, Director of Planning and Development, stated that Council had received a report at a • prior meeting from a citizen who felt that an individual was using a residence in violation of the hone occupation regulations. Staff was asked to find out what was happening at that residence and O • look at the provisions of the -urrcnt regulations, This situation was not ignored and was in Municipal Court. Staff ha,' prepared some possible code amendments, which still needed to be review ed by the Legal Def.Mtent. The existing code was typical for an older piece of legislation as some of the definitions exclu.lcd certain types of uses. Staff was proposing a perforitance based system. There was a place for home occupation in the city but when it impacted a neighborhood, the use should be placed in commercial zoning. Rather than allowing a home occupation as a right, �� � �. 32X e� a t O 1 1 1 " RIM" City of Denton City Council M inutes February 24, 1998 Page 3 i i h staff was recommending a permit system. There should be several standards that were measurable 1 which would allow the City to look at the impact of the use. Council Member Cochran asked how existing home businesses would be treated under the proposal. Hill stated that that was not addressed in the draft code amendment. It was felt that it would be better to not grandfather current uses but rather allow for a certain fine period to get a free permit and after that the use would be subject to the proposed regulations. Council Member Cochran stated that a great number of home occupations were not visible. He q questioned how the definitions in the ordinance would be drafted or would it ignore v ariour home r operations. Hill Mated that a business would fit into the definition if it were at a regularly conducted location. One sample ordinance distinguished three classes of operations. There had to be a threshold where a permit was not required. If no traffic was generated, a permit would not be required, Council Member Cochran felt that there might be problems with a permit system and questioned how it would be enforced. City Attorney Prouty stated that if a complaint were received with a permit system,a fail re to have r a permit could be enforced. Council Member Durrance stated that there would be no categories with this ordinance, Hill replied correct. Some cities had a minorlmajor ordinance dealing with smaller and larger home occupations. Council Member f'urrance asked i f there had been challenges to these types of ordinances. City Attorney Prouty stated that there was a challenge of the current ordinance because of the vagueness of the section that defined home occupation. It did not declare non-compliance to be y unlawful, There was a need to determine certain exceptions that would be treated as a lesser regulated area or exclude them all together. I fill stated that one suggestion was that if no traffic were generated, it would be excluded from the permit process. Council Member Kristoferson stated that she liked the determination by standards rather than by y definitions. She asked if there was a fee for the permit. She felt that the City was trying to see what . occupations were there and not be pu..:tive, She questioned the administrative costs. O • Hill stated that the administrative costs would cover the re-dew of the permit by the Planning Department and the issuance of the permit. Council Member Kristofcrson asked about vehicular traffic requirements. � r O 1 11 41 City of Denton City Council Minutes February 24, 1998 Page 4 Hill stated that by limiting the size and number of employees, the number of client visits would be reduced. He suggested framing the definition to not use "family". Another issue was the use of signs. Council Member Cochran suggested limiting the size of the sign. Such a business should not need I a sign. Mayor Miller stated that the Council was trying to protect the neighborhoods and not police them, Consensus of the Council was to prepare a comparison on what were the current regulations, what was proposed and other options. Council considered Item 04. 4. The Council received a report, held a discussion, and gave staff direction regarding the implementation of the Elm Fork Nature Project 1 }toward Martin, Assistant City Manager of Utilities, stated that this project would provide for wildlife management and restoration activities. Funding was available through the Water Resource Development Act with 75% of the furling through the federal government and 25% provided by the sponsors. Beginning anticipated total costs were 5800,000 with the City's share being 5200,000. Since that time the City had worked with the Corps and had focused on what to pursue which resulted in a lower cost of 5488,000, of which the city's share would be $123,000. The project was in upper flood control pool of Lewisville, primarily north of Highway 380. The actual ' project was divided into several arts, Part one dealt with 609 acres of reforestation that ` represented a cost of 5152,000. The second part was the development of two wetland areas of 98 total acres for a cost of approximately$238,000. Much of the focus of the project was on the west side of the Elm Fork of the Trinity River. The University of North Texas would be a project sponsor and would provide on-going operation and maintenance of the project. Approximately 5100,000 of the City's cost would be provided with in-kind contributions. There were many good benefits with this project and staff was asking for Council approval to move forward with the project. The cost of the project would be S122,000. A second part of the project was a lease with the Corps for 2700 acres that Council would consider at a later date. Ken Dixon, University of North 'texas, stated that there would not be a large amount of maintenance with the project There would be a number of ecological restoration projects for UNT classes and learning activities for graduate classes. There was the potential for a nature center for 1 citizens on one side of the Elm Fork, This was a good opportunity to protect and enhance the natural habitats of the area. Dalton Gregory, DISD, stated that the DISD formed a task force to explore the possibility of . constructing an outdoor learning center. Such a center would serve two purposes. One would be for a day and half day field trips, Another purpose was to construct a residential camp. This would O provide the opportunity for DISD students to go to camp and could be offered to other school districts in this area. He felt this would be a great partnership for the City, the DISD and UNT where the whole would be greater than the parts. One key element was to make sure there were common goals or that goals were compatible. a: f, El 32XI ❑ r , e . .,. � .: . i�+�.Mfr:Y + '.'�ki+ x'vwvuk',,n .•."n[wrt!tkq+F9 .:NYR.� a+,«.,. .. xr;4. i. City of Denton City Council Minutes February 24, 1998 Page S Council agreed that this was a great opportunity for the City, the D1SD UNT, and the citizens of Denton. Mayor Miller asked about the schedule for the project. f � Martin stated that the contract would come before Council in March/April for final approval. Formal approval would come from the Corps sometime in August with completion by the year 2002, Consensus of Council was to proceed with the project. Council considered Item 0. i 6. Council received a report,held a discussion, and gave staff direction regarding a landscape ordinance that the City Council requested at their February 17" meeting be brought back for further review. I Dave Hill, Director for Planning and Development, stated that staff had responded to suggestions by Council for possible revisions to the proposed ordinance such as a large lot not use d totally for development. He presented examples of how the ordinance would apply to current developments. }le reviewed the alternative planting proposal. Council Member Young asked if United Copper was considered to have already started in the process. Hill replied correct. Council Member Young asked if they would have to abide by these rules. Hill replied not if they obtained a building permit before the effective date of the proposed ordinance. Council discussed the possibility of not rcouiring single lots to meet the requirements. Some residents did not like trees and should not have to deal with the requirements )fill stated that if an irrigation requiremc was not included, language should be added to indicate that the City acknowledged that water for the first three years was critical and would encourage the use of irrigation for the planting's survival. Mayor Pro Tent Brock suggested adding wording that information about irrigation systems was available. Hill stated outside help might be needed for a definition of a"monarch"tree. 0 1 Mayor Miller suggested asking the Tree Board for a recommendation of "monarch"tree, Consensus of the Council was to forward the proposal to the Tree Board for a recommendation on a "monarch tree"with an effective date of the ordinance being May 1 st with a 20.20 rule. 32 X f a r '2 a I y 4c -, y, r , •,r .i,'la .F IL t r r ril 1 • P S +r.r r C ; �O 'k s City of Denton City Council Minutes ' February 24, 1998 Page 6 3. The Council received a report and held a discussion regarding the results of the Budget k ` Priority Questionnaire with City Council. , Kathy DuBose, Assistant City Manager for Finance, reviewed the results of the questionnaire as included in the agenda back-up materials. S. The Council received a report, held a discussion, and gave staff direction regarding the Denton Plan draft policies. . s Dave Hill, Director of Planning and Development, stated that this was the first of the scheduled reviews of the draft policies. He reviewed the schedule of presentations made during the previous months and the comments from citizens at those meetings. The schedule called for a second public hearing at the next Planning and Zoning Commission meeting, March 17th would be the first Council public hearing. This would p rovide a transition with the proposed policies and the 1988 Denton Development Plan. Consensus of the Council was to proceed as scheduled, With no further business,the meeting was adjvumai at 9:15 p.m. JACK MILLER, MAYOR CITY OF DENTON,TEXAS ! JENNIFER WALTERS `Y CITY SECRETARY CITY OF DENTON,TEXAS i 32X NOW l r 4 ` ,,X#nw "i 4,,,i4 �r..NtaRl�C.1:t.d` ,1�!�.'% "� TJA5�6,+ru�'d iY Et'�.y',I'Yit�i�iSedA�.���'�}rail`'.d'..�dd�rw�N..�0.'�i•'ithd � ,�.� 3 CITY OF DENTON CITY COUNCIL MINUTES March 3, 1998 Alter determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, March 3, 1998 at SAS p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran,Young and Durrance. ABSENT: None 1. The Council considered the following in Closed Meeting A. Considered strategy and discussed status of case with City Attorney in litigation styled Denton County Historical Museum, Inc, v. Denton County, Texas and City of Denton, Texas, et 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. GOV'T. CODE Sec. 551.075. The Council received information from employees or question employees during a staff conference or briefing,but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, March 3, 1998 at 7:00 p.m. in the Council Chambers of City Hail. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson Cochran,Young and Durtance. ABSENT; None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags, " PRESENTATIONS/AWARDS j 2. March Yard of the Month Awards t j Mayor Miller presented the March Yard of the Month awards to: �A Rod & Jeanne Wiley . Joe & Lisa Meritt • Mack Park Apartments-Business Award p Salon 114 - Downtown Business Award 3. Proclamations Mayor Miller presented the foPowing proc I amati ons: 10 32 ,r I 0 � r4 i City of Denton City Council Minutes i March 3, 1998 Page 2 Professional Social Work Centennial Month Redbud Arbor Day 4. The Council considered approval of a resolution of appreciation for Mark Boyd. Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson"aye',Cochran"aye", Durrance"aye", Young "aye", Brock"aye', and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTS 5. The Council received a report from Rebecca Parker regarding an exception to the City ti ordinance to allow hay and sedan to be grown within the city limits on agricultural zoned property and to further define wildscapirg within the city limits. Ms. Parker stated that Article III dealing with grass and weeds and height limitations,provided an agricultural exception to the rule to keep grass under a height on 12". Hay was included as an agricultural eror) in Denton County and on the federal level. It was also considered a crop through the Natural Conservation Service. Her proposal was to make the consideration that hay and sudan were crops with respect to the height limitation. There could be a stipulation between I a vacant lot and a productive pasture land, Council Member Durrance expressed a concern that someone could use that for an excuse to not mow his yard. He questioned what safeguards Parker proposed against that. Parker stated that a one acre tract could be very productive, She could help build parameters for an ordinance. 6. The Council received a report from Nell Yeldell regarding changing addresses on property. Ms. Yeldcll was not present at the meeting, * 7. The Council received a report"sing along with Ross"from Ross Melton regarding street • lights. Mr. Melton stated that he had seen street lights on after he had reported them to the city. He fell it was incompetence that the City could not get these taken care of He also felt that the letter and spirit of the Constitution was not adhered to at the City. The trash and debris ordinance was illegal, lie offered to fix the lights himself, • NOISE EXCEPTIONS • 8. The Council considered a request for an exception to the noise ordinance for the Denton 1 County Unit of the American Cancer Society's Relay for Life on April 3r°and 4" from 10:00 p.m. to 7:00 a.m. I 2 5 K ❑ 32x ❑ 1 , , l � ' h nes10i69 ,a, t O j, i �wnr , �., . . ....:,. . . .,.., r.✓., L,,: r ,•�:;.•'. +LVrry-AFi4YH^SAY.tIXgrP6'-�iwv+��YP+ix f.4+ r:vkv, • •.rna,,, • City of Denton City Council Minutes March 3, 1998 Page 3 Jennifer Goodman,Management Assistant, slated that this request was for April 3rd and 4th by the American Cancer Society. Teams walk the track at UNT with other events happening at the same time. The main source of music would be from speakers on a stage. The event was held " Iasi year with no problems. i Brock motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Kristoferson"aye",Cochran"aye",Dununce"aye', Young "aye', Brock"aye', and Mayor Miller "aye'. Motion carried unanimously, CONSENT AGENDA Brock motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrancc "aye", Young"aye', Brock"aye',and Mayor Miller"aye". Motion carried unanimously. I 9. Approved a tau refund to Lisa R.Kennon for$627.21 due to a double payment to account. 10. N0.98-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE ' AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT I590A IN THE AMOUNT OF $1,550,055.68; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02165 -Landfill Expansion Phase I Construction Permit 1590A) li. NO.98-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOBILE TROMMEL SCREEN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid 02163 -Mobile Trommcl Screen to Power Screen of Texas in the amount of 5120,000.00) 12, NO.93-049 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE 0; FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2166 - { • Water Treatment Chemicals-various suppliers estimated expenditure$450,000.00) yA 13. N0, 98-050 AN ORDINANCE APPROVING THE PURCHASE OF AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE SOLE SOURCE ACQUISITION OF TWO (2) HELMET MOUNTED THERMAL IMAGING SYSTEMS; AND PROVIDING AN 32 X I O r + EffMir i 0 l r ' v ..,. _.. ..,, .,,nb p::f ," • Y.4='Aa'iv'1.'^YY'YdrG;" 1 VwSWM A"Li•.5afi r M+•n' l City of Denton City Counci l Minutes I March 3, 1998 I` Page 4 i EFFECTIVE DATE. (PO 083109-Cairns&Brother, Inc. for$50,700.00) 14. NO. 98-051 i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped-Easter Seals Society; Parks Restroom Cleaning,$18,935.00) 15. NO. 98-032 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped-Easter Seals Society;Parks Litter Cleaning,S 18,579,98) 16. Approved adoption of the ordinances and interlocal ambulance agreements between the City of Denton and the: NO. 98-053 City of Argyle NO, 98-054 CityofCorinth NO.98-053 City of Hickory Creek NO. 98-056 City of Krum NO. 98-057 City of Lake Dallas NO.98-058 City of I !Cr NO. 98-059 City of Sanger 17. NO. R98-012 A RESOLUTION AND APPROVAL OF AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY. y 18. NO. 98-060 `5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP • PROVIDING FOR CONSULTING SERVICES RELATED TO ELECTRIC p RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (The Public Utilities Board recommended approval 4.0.) '" ?�, x 32 x � Q 1 l 1 A ' 1 0 1 \ , M City of Denton City Council Minutes March 3, 1998 Page 5 19, NO. 98-061 1 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3 "AIRPORTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE SPONSORSHIP OF AIRSHOWS; PROVIDING FOR EXCEPTIONS TO REGULATIONS PROHIBITING THE SALE OF REFRESHMENTS, AEROBATIC FLYING AND SKYDIVING WHEN SUCH ACTIVITIES OCCUR AT AN AIRSHOW; PROVIDING REQUIREMENTS FOR PARTICIPATING IN AIRSHOW; PROVIDING A PENALTY IN THE AMOUNT OF $500;.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING 20. The Council held a public hearing and considered approval of a Detailed PIan to allow the development of multi-family residential uses in a planned development district (PD-41). The proposed development would create 250 multi-family residential units on an 11.4951 acre tract located south of McKinney Street, between Loop 288 and Mayhill Road. (Z-98-004) (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that the applicant was requesting that the planned development be approved. The development would create 250 multifamily residential units. The entire tract was 35.7 acres. As result of the park dedication ordinance and negotiations with the developer, approximately 24.5 acres would be Jedicated to the city as a park, The Planning and Zoning Commission recommended approval. Twenty one property owners were notified of the application. Extra notices were mailed out as there seemed to be some properties that were eery close to the 200'line, One response was received in support and one in opposition. Approval of the detailed plan would complete the caning process as the preliminary plan had previously been approved by the Planning and Zo;.ii Commission. The landscape plan would exceed the proposed landscape requirements. Required transportation improvements included the construction of right and left hand turn lanes into the site and improvements to Mayhill new Ryan High School. s . Council Member Young asked about a traffic study. Hill stated that there were recent traffic counts but no actual levels of service for the intersections. The average daily count through McKinney was 17,000 vehicles and on the other side of McKinney was approximately 18,000 vehicles. Loop 288 had 25,000 vehicles. Council Member Young asked how children would walk to schools and stores in the area. I , y Hill stated that this development was not treated any different than any other apartment complex as 1(�-0 in other parts of the city. There would be required sidewalks as shown on the plat. Rick Svehla, Deputy City Manager, stated that the part of the site that would be developed did not touch another street. If someone wanted to cross the street, he should do so at the signal. There were pedestrian indications at both intersections which would tell someone when to cross the street. 32 X f City of Denton City Council Minutes March 3, 1998 Page 6 I Council Member Cochran asked if Dutchess Drive would be completed. Hill stated that a large portion of the site was dedicated park land. The end of the development was the end of Dutchess Drive. Oct that, it was city property, I Council Member Kristoferson stated that there was light industrial zoning on every side of this proposal. The 1988 Denton Development Plan redesignated this area as a low intensity area. She questioned if that designation intent was overlooked. Hill stated that the proposed detailed plan was consistent with the concept plan and the presumption was(hat the zoning was in place, The detailed plan was then evaluated on the merits of the details. The zoning was already in place, Council Member Kristoferson asked which type of zoning would be better given the current situations- residential or light industrial. { Hill stated that it would depend on the use of the property. If the thought was for the highest and best use of the land he did not think any other type of residential property would fit with light industrial zoning. The Mayor opened the public hearing. James Driskcl stated that he managed another multi-family affordable housing development in Denton. The proposal would be no different from any other type of multifamily housing, This development would be designated for those who made 601,'o of the median income of the Dallas NiSA. The intention was to provide quality affordable housing to those who could not afford something else. There was a need in the City for affordable multihousing. The units would have a club house area with a swimming pool, volleyball court, and two playgrounds. This would be a quality product that would provide a solution for the city. As many of the buildings as possible would be located behind the park area in order to benefit the residents as well as the community. He asked Council to approve the detailed plan for the proposal. David Diles stated that the proposal exceeded the landscape and park dedication ordinances. An objective of the Engineering Department was to avoid as many interruptions on McKinney as • possible Originally the driveway into the complex was designed to be on McKinney. The Engineering staff felt that Dutchess Drive would be better to use than McKinney. It was intended that Dutchess Drive would continue to Loop 288. One problem was what the Slate was going to do with loop 288. A second problem was that Pecan Creek was near where Dutchess joined Loop 288, Once the land was given to the city,the city would have the freedom to develop the land and 4 move the street where necessary. The site was already zoned multi-family Council was • considering a detailed plan to make sure it conformed to multi-family zoning, With the p development of Lot I, Lot 2 would be entirely dedicated to the City. There were seven acres of good land for the development of a park, Kent Key stated that he owned the property across the street. He explained the surrounding zoning of the pmperty. He indicated that he was in favor of the proposal and felt it was the best use of the property. <,Q )� • 10 32 X1 ❑ .. r r • a . r a f 0 1 City of Denton City Council Minutes March 3, 1998 Page l i The Mayor closed the public hearing. Council Member Beasley stated that originally she had concerns about traffic on McKinney but liked that fact that this would be the first use of the park dedication ordinance. The City would receive good land for a park, The following ordinance was considered: NO. 98-062 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DETAILED PLAN FOR 11.49 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41), LOCATED SOUTH OF EAST MCKINNEY STREET, BETWEEN LOOP 288 AND MAYHILL ROAD; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. 1 Mayor Pro Tern Brock felt that given what was already approved, this was a good use of the area and she liked the dedication of park land, Council Member Young stated that he had original concerns about traffic but felt that other development in the area would help with the traffic. This was a well developed plan, There was a pressing need for affordable housing in Denton. He hoped that the City would develop the other end of road as soon as possible, Council Member Cochran stated that the dedication of park land and the use of affordable housing was great. There were, however, overriding issues that he could not balance out. One was the traffic issuc. Traffic was a mess in the area and this project would generate a lot of traffic and would not help the situation in the area. Many children would be living in this development with a difficult road to cross. He did not feel that one way in• one way out was appropriate for the dcvclopmenl. Council Member Kristoferson did not feel this was the highest and best use of the land. TraMc was terrible in this location and the proposed development would not help that problem. Mayor Miller indicated that he would support the proposal, Traffic was a problem but there wav a • need to diB"crentiate between certain types of infrastructure, There was a need to have development p in order to afford the infrastructure. This proposal addressed high quality accommodations for + those not able to afford better housing. On roll vote, Beasley "aye", Krislofcrson "nay", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller"aye". Motion carried with a 5.2 voter � 10 32x ❑ + w � 1 5 1 City of Denton City Council Minutes March 3, 1998 Page 8 i 21, The Council held a public hearing And considered adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tr,-,e Preservation'of the Code of Ordinances of the City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty in an amount not to exceed $500.00 for each violation thereof; providing a civil penalty not to exceed $1,000.00 for each day of violation thereof; providing a severability date; providing a savings clause; and providing an effective date. Dave Hill,Director of Planning and Development, stated that two City Council Work Sessions had been held regarding this item, Revisions had been made since those sessions in an attempt to refine the ordinance, Ono such revision was the inclusion of an artificial lot line that would allow for alternative compliance for large lots that would not be fully developed. There was a change in the effective dale to May 1, 1998. The 20-20 rule which would reserve 200/a of the total site area for planting and 20 trees per acre would remain in tact in the draft. The monarch tree designation had been extensively changed. Staff worked with the Tree Board to make changes. The suggestion was to use the Texas Forest Service Big Tree Registry. Monarch trees would be designated either during landscape plan review by the Director or by other individuals. In order to be eligible for nomination,the tree would have to be 50%of the size listed in the most current edition of the Big Tree Registry if it had proper designation in the selected species list. Any other tree that reached 75%of diameter of the same species in the Registry would also be eligible for nomination. Council Member Cochran stated that the Big Tree Registry was state-wide and some trees grew bigger in other areas of the state. Hill stated that the percentage number could be changed as Council desired. This would be the starting point for nomination and other factors would be considered. Irrigation was not required but advisory languag.� indicating the critical need for watering would be included in the ordinance. Single family home owners could claim a pre-construction exemption from the ordinance if their status of owncrship'occupants of the home was verified after completion of construction. Hill showed visuals of the proposed artificial lot Iines and the effect of the ordinance on current proposals. Council Member Young asked if a developer built 200 houses would he have to meet the 20.20 rule on all of the homes. Bill stated that the developer would first select the land to develop and then inventory the existing trees. The developer would then decide on landscaping to comply with the ordinance. With multi- family and single family development,the 20"10 was not a problem. Council Member Yourg asked why trees were required even if the purchaser did not like the trees. He suggested that the individual be allowed to purchase his own trees. Hill slated that some type of escrow might be established in order to make sure the trees were built. Council Member Young felt that there was a flaw in the ordinance. Why make the developer go through the expense if the homeowner did not like the trees. 32 x � � t . , 0 City of Denton City Council Minutes March 3, 1998 Page 9 Hill stated that the basic premise behind the ordinance was that the time when trees were clear cut or when mass grading took place was when subdivision improvements were made or during home construction. Experience indicated that in the majority of cases, individuals would keep the trees and even plant more. The proposal was to not enforce the ordinance with residential homes. When a homeowner moved into the home, the city no longer had responsibility for the trees.There was an escrow account allowed for the planting of trees after occupancy. Mayor Pro Tern Brock asked about species diversity, If all of the existing trees were of one species,would that conflict with species diversity. I Hill stated that the intent would be to give fall credit for all trees. Language could be written to make sure these was not a conflict. Council Member Kristoft rsoo asked about street trees. If there were residential streets that would 1 not be built right away or a business under street repair,would there be an escrow account for those I trees. Hill stated that an escrow arrangement could be worked out but that it would not last forever, The use of the escrow could be triggered by the return and completion of the street tree section. Council Member Cochran asked about the species list. He suggested listing the common name as well for the trees on the list. Hill stated that the intent was not to limit the kind of trees allowed. Council Member Young asked about the requirements for landscaping a parking lot. Hill stated that the parking space could be no more than 50' from the trunk of a tree. There was a ' way of measuring trees so that they would be evenly distributed around the parking lot, This might require a larger site to develop properly. The Mayor opened the public hearing. Dave Noble stated that Trammell Crow was pro-Denton. They wanted to keep the energy going but also keep the vision of Denton. He felt there was confusion with the 20-20 rule and that the ordinance needed a few amendments. One amendment was to lake a percentage ruling minus the pad site of the buildings and then overlay the 20% landscape rule, That would be a good general base and then overlay that with a tree per parking ratio. Their recommendation would be one tree per 20 car spaces. They were also suggesting including irrigation of the site, They supported the ' stied trees. Trammel Crow was in general supperl of what was proposed. They suggested looking • at the general cost of the whole development. O Council Member Krisloferson stated that the proposed ordinance indicated that as long as the 20-20 IWO rule was in effect, it did not matter where the trees were placed. She questioned if an outside individual interpreted it in that same manner. 32XIO ' jy i • F O ) I i :. 'R51.. .♦ •..lY..',v , �.. . w l.$Rh iY .• !b• rT1#,T1�77M:St`rve`1gltw'fFM,Ar . va!"Yr .•Y.�.,u..r ....' City of Denton City Council Minutes March 3, 1998 Page 10 Cliff Mycoskie stated that there would have to be 20 trees per acre as written but could be in the parking lot,etc. Hill statM that no matter whether there were parking lot trees or not or street trees, all would be counted toward the 20-20 rule. Council Member Beasley asked how many cities had a 20-20 rut:.. Hill stated that the back-up materials included a list of cities that compared in the landscaping ordinance. The ordinances did not always add up to what the total impact was. Staff took a best estimate of where cities would lie in comparison. Cliff Mycoskie stated that Trammel Crow would prefer land area requirements that had a minimum of 200/6 of land area net the proposed building area. Consideration should be given to allow tree credits for right-of-way trees, If not, the developer would take them down Schools and churches needed to be included in the ordinance. As it was currently written, it was not clear whether or not they were included. All parking lots should comply with the ordinance. More space should be allowed between the trees so as to cluster the trees together. There should be an easy appeal process to allow for a substitute plan. lie also suggested a prohibited list of trees that would not satisfy the list, B Council Member Beasley asked if schools could be required to have landscaping. City Attorney Prouty stated that churches could be required, but schools were questionable. There were Attomey General opinions and one case that indicated depending on it was viewed, whether a zoning or subdivision regulation,schools might not have to comply. The way it was proposed was that it was more of a subdivision regulation as opposed to zoning regulation Kent Key stated that he could not support the ordinance, Twenty trees per acre was a burden to devclopers. lie suggested rclooking at the ordinance and not pass it as was currently proposed. He did not feel it was right to tell an individual he had to have trees on a lot. Mayor Pro Tern Brock stated that trees affected the value of the community. If Denton was going to be compared as a "quality"community, the Council needed to decide whether it was going to • have standards for a"quality"community. Council Member Young felt that 8u%,cmmcnt did not have the place to tell private citizens what kind and how many trees to have on a lot. Commercial development might be different but it should not do be done with a residential development. • Robert Barland staled that he wanted quality building, good irrigation and good trees. He agreed p • I with increasing the standards and the intent ofordinance. He recommended tabling the ordinance. Craig Irwin stated that he was not opposed to the ordinance but he would like to see the 20-20 rule adjusted. He suggested a time period to take effect, perhaps 6 months from date of passage. This would give developers time to determine the impact of the regulations on a development and would provide a time span for implementation. ,. , 32 X i Cl 1 « r � 1 ! •1 f I � I r O I t J L. ,.,+ .r ........ ._r . .•.na1'A ,We ,?r' x"Hu FRJ'J,?•.� d.K a't10r5-'., :1.a.. f4M♦ i..« .. .... City of Denton City Council Minutes March 3, 1996 Page 11 r Jack McFarland asked if it would affect the ETJ. Mayor Miller stated that it was only in the city limits. i Scott Richer felt that it would be a financial burden to new homeowners to have to plant trees when just buying a home. Mayor Miller indicated that he had the following speaker cards: Anthony Jacques Owen Yost Shirley Haider Chuck Carpenter Andy Sitzer Jeff Kittleson Dylan Bath The Mayor closed the public hearing. Council Member Young felt that Council should not pass the ordinance at this point in time. There was a need to work out further details and felt that it should be tabled at this time. Council Member Cochran suggested considering it again at a work session to consider some of the proposed amendments. Young motioned,Cochran seconded to postpone consideration for further study. Council Member Beasley stated that she was not comfortable whether 20.20 was excessive. She feit most of the ordinance was very good. Some of her concerns were already addressed in the revised ordinance, 1 Mayor Miller slated that he would agree to postpone consideration. He was concerned about residential property. He suggested modifying the residential requirements to protect what was already there and encourage the planting of more trees. Mayor Pro Tern Brock wanted to consider the parking lot suggestions such as clustering the trees in a parking lot. She also liked the distribution of trees along the front of the development. Council Member Durrance stated that he would be voting against the motion. There had been many considerations of the ordinance. The ordinance did not exempt schools and churches. i Council had been given examples of how it would affect internal and external trees. The 20-20 rule 0 was because the City had good neighborhoods and that was the way the City wanted to keep them, It was necessary to examine the goals the Council was trying to accomplish. This ordinance would be a good starting point and could be amended later if desired. The Council also needed to consider what was wanted for infrll in the community. The amendments proposed to the ordinance were good ideas and could be incorporated at a later date. He urged the Council to go forward with the present proposal. c.� 32X � Q S, , , r wrP.Vyw.,It" 14 Y...rYYMAO NIAIq.n <18kkY.r,MYMra.'a+c$ri.UhC+WY„W,iM w ws�....✓ I ' I City of Denton City Council Minutes March 3, 1948 Page 12 G On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye", Durrance "nay", Young "aye' I , Brock"aye", and Mayor Miller"aye". Motion carried with a 6.1 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 22. The Council consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 815 North Locust Street as a historic landmark under Section 35-215,Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date, (HLC recommended approval 6- 0;P&Z recommended approval 7-0.) 4' This item was pulled from consideration. i 23. The Council considered adoption of an ordinance of the City of Denton,Texas, designating the property located at 821 North Locust Street as a historic landmark under Section 35.215,Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. (HLC recommended approval 6- 0; P&Z recommended approval 6-1.) This item was pulled from consideration 24. The Council considered nominations/appointments to City's Boards and Commissions. Council Member Young nominated Tony Recce to the Zoning Board of Adjustment i I„ I 25, Miscellaneous matters from the City Manager. City Manager Bcnavides did not have any items for Council 26, New Business The following items of new Business were suggested by Council for future agendas: A. Council Member Young asked that staff follow up on the report regarding growing hay and sudan in the city limits. ? 27. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. i 28. The following official action was taken on Closed Meeting items held under Section 551• r • 071-551.085 of the Texas Open Meetings Act, p Durrance motioned, Brock seconded to give the staff and the City Attorney direction pursuant to the discussion during Closed Meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochrar "aye", Durrance "aye", Young "aye', Brock "aye", and Mayor Miller "aye". Motion carried unanimously. Y. 2)5, x Q 32X 0a Yr . r I C .. vra + .M,trek'sns.'M'.�'l�I YPAi�N�1$�94h7iE�+iQ'.�ih�4$Y,7C�."e.4�� s � SSi R1t� i5�Md+d9Mt�ffiWMh.t� � w.i�M'w. � , City of Denton City Council Minutes March 3, 1995 Page 13 With no further business, the meeting was adjourned at 11:15 p.m. t . . Jack Miller, Mayor r City of Denton, Texas Jennifer Walters ! City Secretary r. City of Denton, Texas i 'K t � r � i u •l 1 a 32Xia K 4 1 Y 1 L' ,n 0 . I 1 1 • . .._ • oi,.�3a3�.•^�: ' e°.? . .� ;k„^. .1 '�°$ �t;*fc.�!: 41r"`..s”v".�rV'gS'�F�.rtk�i,?9,ti`li'X.e 9d.4x',°rp;n�'�'�*�^w 4<r ur r ex••.... i CITY OF DENTON CITY COUNCIL MINUTES March 17, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, March 17, 1993 at 5:15 p.m. in the City Council Work Session Room PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Krisloferson, Cochran,and Young. ABSENT: Council Member Durrance L The Council considered the folIow•ing in Closed Meeting: A. Personnel Matters -Under TEX, GOVT. CODE Sec. 551.074 I. Evaluation of Municipal Judge. 2. Evaluation of City Attorney, I 3. Evaluation of City Manager. B. Consultation with Attorney-Under TEX.GOVT. CODE Sec. 551.071 1. Considered strategy and discussed status of case with City Attorney in litigation styled Denton County Historical Museum, Inc. x Denton County, Texas and City of Denton, Texas, er al.,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. 2, Considered and discussed settlement of claim brought by Allison Carreiro against the City of Denton,Texas, for personal injuries allegedly suffered on March 24, 1996. C. Deliberations concerning Real Property - Under TEX. GOVT. CODE Sec. 551.072 11 Discussed and considered condemnation of 1.83 acres of land in the M. • Forrest Survey,Abstract No. 417 for a street right-of-way easement needed for the construction of Lakeview Blvd. from U.S. Highway 380 to 1200 feet south of U.S. Highway 380. D. Conference with Employees—Under TEX, GOV'T, CODE See. 551.075. The Council received information from employees or question employees during a staff • conference orbriefing, but did not deliberate during the conference. • • The Council convened into a Regular Meeting on Tuesday, March 17, 1998 at 7:00 p.m. in the Council Chambers of City Hall. h 32 x 1 1 I • I 1 I Ir' Y ji y G NAM" . ... a � ..,..... ., ::, .rn r.rmf.,o , r •.,:. "J'M!bhJnW�:tM:.m.Yga.^rw'rr%fM+1l'b•.r w+wnw : City of Denton City Council Minutes March 17, 1998 Page 2 PRESENT: Mayor Miller; Mayor Pro Tern Brock;Council Members Beasley,Kristoferson, Cochran,Young and Durrance. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas Flags. PRESENTATIONS/AWARDS 1. Proclamations Mayor Miller presented a proclamation for"Keep America Beautiful Month and GIad Bag-a-Thon Day. CITIZEN REPORTS 3. The Council received a report from Dessie Goodson regarding disappointment in city officials. Ms. Goodson stated that the City officials recently went to Washington, D. C. She questioned if they represented her orjust their own issues. Her issues included public access of public records, denial of utilities,the filing of fraudulent papers in Federal court, and the definition of a terroristic threat, She would be taking her issues to the Supreme Court. NOISE EXCEPTIONS 4. The Council con iidered a request for an exception to the noise ordinance for the Baptist Student Ministry for an-)utdoor concert on April 9 from 8:00 p.m. to 11:00 p.m. 1 Icnnirer Goodman,Maiagement Assistant,stated that this request was from the Baptist Student • Ministry Association for an outdoor concert on April Vh and would be the end of a week's worth of activities. The location of the event would be on Avenue A in front of First State Bank. The main source of noise would be the loudspeakers and amplifiers on a stage. Beasley motioned, Brock seconded to approve the request, On roll vote, Beasley "eye', ' Kristorerson "aye', Cochran"aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller • "ayc". Motion carried unanimously. • • CONSENT AGENDA I Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Krislorerson "aye", Cochran "aye", Durrance "eye", Young"aye",Brock"aye', and Mayor Miller"aye', Motion carried unanimously, IA c } i i City of Denton City Council Minutes March 17, 1998 Page 3 5. NO.98-064 j AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR MOWING, TRASH REMOVAL, AND EROSION CONTROL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2170 — Mowing, Trash Removal, Erosion Control to Hardy and Son Enterprises in the estimated annual expenditure of$25,000.00) 6. NO.98-065 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO 3-PHASE 460 VAC VARIABLE FREQUENCY DRIVES FOR A 400 HP MOTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid 42172 — Variable Frequency Drives — Watsou Electric Supply in the amount of $45,508.00) {{ 1 7. N0.98-066 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF EARLY STORM AARNING SYSTEM ` EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE. (RFSP #1150 — Early Storm Warning System Equipment to A-Tek in the amount of 5100,750.00) 8. Approved a tax refund to Tokai Financial Service for $619.07 due to a tax liability reduction on 1996 Supplemental Roll#14 from the Denton Central Appraisal District. 9. NO.98-067 AN ORDINANCE AMENDING THE COMPOST AND WOOD MULCH RATES CONTAINED WITHIN THE SCHEDULE OF WASTEWATER RATES SET FORTH IN • ORDINANCE NO. 97.138 FOR COMPOST AND WOOD MULCH SERVICE; 1 PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (PUB recommended approval.) S 3 � 10. NO.98-068 • AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FUNDING TO THE UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. -- , � 10 32XIEl v. ^ ii e I: 5 f •y'. r . r f .INirgl!/ i i , e 0 L i iI •` r 1 r � r r. rr+�-Y.q'..p.uEr-e-VAww .. ...M-n{OSA. ..�rtu M.i.4t�biNy-�hwOr'MYS¢wWerynYM}lTel l,nM•n�.f YwS•F�rve•rv:.n � ., City of Denton City Council Minutes + March 17, 1998 Page 4 11. NO. 98-069 , AN ORDINANCE AMENDING ORDINANCE NO. 98-036 TO INDICATE THE ELECTION OFFICIALS FOR DISTRICT NO. 4; PROVIDING A SAVINGS CLAUSE; j AND PROVIDING AN EFFECTIVE DATE. 12. NO. 99-070 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A 50' PUBLIC STREET EASEMENT CONVEYING TO THE CITY OF CORINTH THE RIGHT TO USE .1148 ACRE OF ' THE ABANDONED RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON 1 BRANCH RAID TRAILS PROJECT FOR THE CONSTRUCTION OF BURL STREET l+ WITHIN THE CITY OF CORINTH; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING 13. The Council held a public hearing and considered an ordinance of the City of Denton, ,I Texas, designating the property located at 815 North Locust Street as a historic landmark under Section 35.215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the - { maximum amount of$2,000 for violations thereof; and providing for an effective date. (HLC recommended approval 6-0; P&Z recommended approval 7.0) Dcnisha Williams, Main Street Manager, stated that the property was well documented and well prepared for the proposed zoning request. 11 met 5 of the 13 criteria considered for historic Iandmark zoning, It was necessary to only met one criteria to qualify for the historic zoning. The current use of the property was the Redbud Inn Bed and Breakfast. No opposition was received to j the request, Mayer Pro Tern Brock stated that if approved,the property would qualify fora tax exemption. w Williams stated that the under the current ordinance, it would qualify for a 50% abatement of taxes • for a 10 year period. That ordinance expired at the end of this year. a The Mayor opened the public hearing. t Donna Moms stated that she and her husband owned the building and asked for approval of the " request. The Mayo r closed the public hearing. I The following ordinance was considered: 32X 0 I � 1 �.N 1 1 YA • A (a - , I� A JOHNSON to r.J Salem ' L r { ; 1 r i r i r mn.r�r .9»w.lYxiie�iwavr...v.y. .,, . ...w•.,.... � a,u'M'dirM lwY.v' w'sitNtiriaviAnt+J!'.oa w4R .P'Yti^s'nRtw.+Wbrtmm+i.• .. �.ar».,: City of Denton City Council Minutes March 17, 1998 Page S NO.98-071 AN ORDINANCE OF THE CITY OF DEoZI'ON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 815 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. r Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye', Cochran"aye', Durrance "aye', Young"aye", Brock "aye",and Mayor Miller r "aye". Motion carried unanimously. + 14. Tne Council held a public hearing and considered an ordinance of the City of Denton, Texas, designating the property located at 821 North Locust Street as a historic landmark under Section 35.215,Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of$2,000 for violations thereof; and providing for an effective date. (HLC recommended approval 6-0;P&Z recommended approval 6.1.) Denisha Williams, Main Street Manager,stated that this property owned by the same owners of the previous request. This property met 5 of the 13 criteria with only I required for designated zoning. There was no opposition by neighbors. The Mayor opened the public hearing, Donna Morris stated that she again would like approval of the request. Dessie Goodson asked if this was considered a home occupation. Mayor Miller stated that the property was properly zoned for the current use. " The Mayor closed the public hearing. The following ordinance was considered: t' N0. 98-072 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE • PROPERTY LOCATED AT 821 NORTH LOCUST STREET AS A HISTORIC • LANDMARK UNDER SECTION 35.215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, 32x111 U MM {+ a (, 7 1 !_, ... ..... .. _ v ea:y... r•,... 4... . w., r^✓-s.nr^.rYx r . . ... aria r .. ..-., � .,...... � a ' City of Denton City Council Minutes . March 17, 1998 Page 6 I Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", ' Krisloferson "aye",Cochran"aye",Dunmore"iye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 15. The Council held a public hearing and considered approval of a request to rezone a 0.316• acre tract frum an agricultural (A) zone district to an Office Conditioned(O(c]) zone district. The property was located on the east side of Woodrow Lane, south of East McKinney Street(FM 426), also known as 110 N. Woodrow Lane, (The Planning and Zoning Commission recommended approval.) Dave Hill, Director of Planning and Zoning, stated that this request was to change the zoning from agricultural to office-conditioned. The property was 0.316 acres located on the east side of Woodrow Lane. The proposed use was for an office building for attorneys. Staff and the Planning 1 and Zoning Commission found that the proposal was consistent with the 1988 Denton Development Plan with a low intensity use. Conditions on the proposal w.ve consistent and compatible with conditions imposed on adjacent office uses. Conditions included that lighting shall be designed and maintained so as to not shine on surrounding property, a maximum building height of two stories, 811d a required landscape bufferyard along the side and rear property lines. The next step in the process was the platting of the property with no public improvements required. The property would have a shared driveway with the neighboring property. f Council Member Young asked if the pine trees would remain on the property, f I Hill replied yes that that was his understanding, Council Member Young asked where the parking would be located. Hill stAcd that that had not yet been determined. The Mayor opened the public hearing, Greg Edwards stated that this building would be an office for two attorneys. The owners were • aware of the conditions for the proposal and were in favor of the conditions. They only had a concern regarding the added lighting condi:;on so that it would not prohibit sidewalk lighting that would be low to the ground. He requested support of the proposal i Council Member Cochran asked about the parking as to whether it would be in the back or front of the building. • I Joanne Shipley Simmons,owner of the property, staled that that was not known yet but it probably >p • would be in the front of the building. The Mayor closed the public hearing. I ry'� 25 , 10 32 X ilk • K MIAAq6ML_�W_%MLMM1ML_M_qM� • '1 l 1 i 1 i l 1 O 4 rte+ City of Denton City Council Minutes March 17. 1998 Page 7 The following ordinance was considered: N0, 98-073 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL(A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.316 ACRES OF LAND LOCATED ON THE EAST SIDE OF WOODROW LANE APPROXIMATELY 400 FEET SOUTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Bcasb•v motioned. Young seconded to approve the proposal with the conditions from the Planning and Zoning Commission and the added lighting condition. On roll vote, Beasley "aye", Kristorerson "aye", Cochran "aye", Durrance "aye', Young "aye'. Brock "aye', and Mayor Miller "aye'r Motion carried unanimously. 16, The Council held a public hearing and considered an amendment to the concept plan of PD- 9 and approval of a detailed plan for the Fair Oaks Retirement Apartments. The 13.8 acre planned development district was bounded by Lattimore Street to the north, Paisley to the south, Mulkey j Street to the west, and Audra Lane to the cast. The Fair Oaks Retirement Apartments site was { J located one hundred and twenty (120) feel cast of the Mulkey Street and Lattimore Street J intersection and was approximately six hundred and filly(650) feet deep, totaling 3.59 acres. Council Member Durrance left the meeting with a potential conllict or interest, Dave Hill, Director of Planning and Development, stated that Fair Oaks Retirement Apartments was a proposal that would require an amendment to PD-9 which had an existing approved concept plan, This request was for approval of an amendment to the existing concept plan and approval of the detailed plan for the property. The entire planned development was 13.8 acres, The Fair Oaks detailed plan of 3.9 acres was a portion of that planned development. The subdivision would be a • one lot plat to contain 41 one story apartments, The concept plan needed to be amended to allow for reduced minimum square fivtagc or the apartments. An amendment passed as an additional condition was that land for an additional seven parking spaces be reserved but not built in case extra parking was needed at a later dater The development would have access only to Lattimore Street and would he required to install sidewalks on Lattimore Street, The pctitionct held a neighborhood mcclirig at which sixteen people attended, Most of the concerns were resolved by the end of the • meeting. A concern w'as expressed about what would happen to the rest of the property. The • • number of trees that would be prescned would more than comply with the 20-20 rule or proposed landscape ordinance, Council Member Kristoferson stated that the decrease in square footage was a required criteria of HUD. s1 � 1 1 v p 1 . 1.u..., x'\m.n�.b. + . a,b.,w..n. V 61I 1RWFMRMa7.WO1\M ecY�},�i'/M.•nS`M?SIT'✓•Yr.her y, ^ •Na r City of Denton City Council Minutes March 17, 1998 Page 8 Hill replied correct. The Mayor opened the public hearing. Cheryl Harding stated that this proposal would expand services to the citizens of Denton by adding alTordable units for moderate income elderly in Denton. This type of housing was needed as there were waiting lists for other units throughout Denton. HUD placed a requirement for the unit size and the apartments would be bui It with a grant from HUD. Bill Thomas stated that he was in support of the proposal. Due to the waiting list of such facilities, there was a pressing need for more units. The Mayor closed the public hearing. Mayor Pro Tern Brock stated that this would be an added benefit to the neighborhood. The proposal was planning to preserve a large number of trees. This kind of development was needed in Denton and would be an example for Denton. The following ordinance was considered; NO.98-074 AN ORDINANCE OF THE C11 OF DENTON,TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 70-52, TO PROVIDE FOR AMENDMENT TO THE CONCEPT PLAN TO ALLOW MINIMUM LIVING SPACE OF 538 SQUARE FEET FOR ONE BEDROOM APARTMENT AND APPROVAL OF A DETAILED PLAN FOR 3.59 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED PLAN FOR THE FAIROAKS RETIREMENT APARTMENTS, THE SUBJECT PROPERTY BFING LOCATED ON THE SOUTH SIDE OF LATTIMORE STREET, APPROXIMATELY 120 FEET WEST OF MULKEY STREET AND EXTENDING 650 FEET SOUTH; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR • VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cochran seconded to adopt the ordinance, On roll vote, Beasley "aye', Kristoferaon "aye", Cochran "aye", Young "eye', Brock "aye", and Mayor Miller "aye", Motion t carried unanimously, • Council Member Durrance returned to the meeting. • • 17, The Council held a public hearing and considered a request to rezone a 1,156 Iraq from a u Planned Development (PD-145) zone district to a Multi-Family One (MF•I) zone district. The property was located cast of McCormick Street, west of Avenue A, and north or Greenlee Street. (The Planning and Zoning Commission recommended approval,) 32x � � -1OEN/1 2 0 1 1 TW&S" , • ,°11H °l.a .. x • 11.1`'<v1^. A" RI,, N .*iSAT.F1f2N^ NINYJ,"J+Y ,et Efts nfN+J rtM.gn � City of Denson City Council Minutes f March 17, 1998 Page 9 Dave Hill, Director of Planning and Development stated that there would be no new development ' on this site. This site was currently a six structure multi-family development. The applicant was requesting the removal of the conditions from the zoning imposed when PD 145 was approved which was set up to accommodate the use as a sorority. The sorority wanted to sell the property and in order to do that the applicant wanted the soronty designation removed. The Planning and Zoning Commission recommended approval provided the eyplicant met the parking requirements for the property. The apartment units would require 42 pt'rking spaces and there were 46 spaces available. Access to the property was from Avenue A. The change would only remove the sorority condition. Council Member Kristoferson noted that the intensity trips had increased due to the lack of off-site parking. She questioned if this change would increase traffic in the area Hill replied probably not. This was an existing use requesting to go back to the pre-existing zoning it had when built. The Mayor opened the public hearing. No one spoke during the public hearing, The Mayor closed the public hearing, Mayor Pro Tern Brock stated that this proposal was requested by the new owners of the property that would remove prior conditions. The zoning change would help to facilitate an upgrading of the property. The following ordinance w'as considered: NO.98-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE PLANNED DEVELOPMENT (PD-145) ZONING DISTRICT • CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE(MF-t) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1,156 ACRES OF LAND LOCATED AT 1228.1232 AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, • Brock motioned, Young seconded. On roll vote, Beasley "aye", Kristoferson "aye', Cochran • • "aye', Durranee "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously, 18. The Council held a public hearing for Council to receive public comment regarding The Denton Plan-Draft Policy Documents. Y� e N . 0 r .. 6..n .n � a1 ✓•py� . �... iiM.a 1vLYrll4. r rt1AN6{n�`lM. ls hilM1M ..y�nir'Y N1e.r. n � e.. City of Denton City Council Minutes March 17, 1996 i Page 10 i Dave Hill, Director for Planning and Development, stated that there were major revisions made to the current policy during the public comment portions of the process. The most controversy was centered on the draft growth management changes that positively worded a statement for use of zoning. Item #12 was added for an annexation strategy. In the mixed use section of the neighborhood policies, a sentence was deleted dealing with allowing a limited number of non- residential land uses and stated that standards should be developed to ensure well mixed use projects for undeveloped property. Existing neighborhoods would be protected and preserved, Language for recycling was added, The urban design section added a new item for landscaping. A comment from the Planning and Zoning Commission was to expand the glossary for inclusion of more terms. The Mayor opened the public hearing. Mitchell Turner stated that he had attended many of the meetings concerning the policies. Two concerns he had with the draft housing policy and the growth management strategies had been corrected. Two other suggestions he had dealt with the draft economic diversification policy. He questioned if tax abatements should be mentioned in the documents. He felt that was a special issue and should be considered separately from this plan. His other concern dealt with the draft ` neighborhood policies and mixed use, He felt that mixed use was not a popular issue in Del ton, The current plan had provisions fur neighborhood service centers. He suggested including a large intensity area that contained 600-650 acres and designate it as a mixed use intensity area when the comprehensive plan was developed and use it as a test case for development. Suzanne Akins stated that she depended on public transportation to get where she needed to go. She pointed out that the draft plan indicated that current zoning trends tended to separate land use from each other increasing the need to travel and promoting social isolation for less mobile members of the community, primarily the young and elderly. She suggested adding "disabled individuals' to that list. Isolation existed in the neighborhoods due to two factors. One was the distance between trolley stops, The other problem was expense. The demand response program was cost prohibitive and was excessive for those needing the service. Iran individual could not get to a trolley stop he could riot get where he needed to go. She was unable to gel to a trolley stop as it was too far a walk from her home and that prevented her from getting to a job. The trolley world • cost only 535 as opposed to $1.50 per one way on demand response. She suggested that wording be added that mobility impaired citizens including the elderly, young and disabled must be provided arfordable and timely access to stores, libraries, parks and other facilities that promote their social well-being Two suggestions that would help this situation included expanding or adding stops In the city and revitalizing the vision for demand response service for all who needed T. Jervis Underwood stated that consldcrations still needed to be made about a comprehensive traffic plan, 1fe attended the first public meeting regarding The plan and indicated at that meeting a need for a comprehensive study of the present traffic plan in order to find trouble spots and then make plans to fix them. r . _ N I 32XIO F v 1 0 IJ 7 Al ' t i r City of Denton City Council Minutes March 17, 1998 Page 11 Vicki McCombs stated that tax abatements were noted during the discussion of these policies, She felt that tax abatements were not fair to the citizens. She felt that before the Council started making tax abatements as incentive for attracting business to Denton, more and different creative methods for attracting businesses should be considered, Dessie Goodson stated that the City had a contract with SPAN and the City imposed the $1.50 charge for demand response. She knew of people who needed this service, Shelters should have been erected more than two years ago, The City received state and federal funding and riders should not be charged to ride the trolley and for the use of demand response service, She would be going to Washington to speak and present these concerns there. She asked for public admission that the City did not have any involvement, responsibility or contra) in this public transportation system, The Mayor closed the public hearing. VARIANCES 19. The Council considered approval of an exaction variance from Section 34.116(e),water line capacity, of the Subdivision and Land Development Regulations for the Maegan Meadows Addition, a 9.75-acre tract located in Division One of the City of Denton's extraterritorial jurisdiction, The property was located on the cast side of Hillview Road, north of Jackson Road and would consist of five single family lots. (The Planning and Zoning Commission recommended approval.) Dave Hill, Director of Planning and Development, stated that this request was similar to one the Council considered several weeks ago. five single-family lots would be developed on this site. The site was more than 8,000 feet from the City's water line. A variance was needed from the water pressure requirements, Beasley motioned, Cochran seconded to approve the request. On roll vote, Beasley "aye", Kristofcrson"aye",Cochran "aye", Durrance"aye", Young"aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. • s 20. The Council considered approval of an exaction variance from Section 34.116(c), fire hydrants, of the Subdivision and Land Development Regulations for the Maegan Meadows Addition, a 9.73-acre tract located in Division One of the City of Denton's extraterritorial Jurisdiction. The property was located on the east side of llillvlew Road, north of Jackson Road and would consist of Ave single family lots. (The Planning and Zoning Commission recommended • approval,) • • Dave Hill, Director of Planning and Development, stated that this was the same properly. If the water line capacity was a variance,thcre would be no need for fire hydrants. Council Member Krisiofemon questioned that if development did approach this area and it was annexed Into the city, would the subdivision be required to retrofit Are hydrants to their area and �� 32 x I n. a { :%�f, � it% � f s n` , aL w a ( ���•t , ai�u� s y °r^ } r 1 b �i a , is t r O r i i'. r.rr n..-cN.±:�s,a.J7 dhzA;`t3a JC KCr-.<.- � .e ws"•.�*61<"4.x°-rkC B.u�PFrsrSw:a:�Kv a. vl f,vtm+�nPwinw>MaMZNtawfwvMCnr .. City of Denton City Council Minutes Marsh 17, 1998 1. Page 12 i 1 who would absorb that cost. " Rick Svehla, Deputy City Manager, stated that there were service plans provided with the annexations and that plan would discuss the extension or lack of extension of services. Generally these were water and sewer lines and if not provided in the beginning, the landowner would be required to provide them. Cochran motioned, Beasley seconded to grant the variance. On roll vote, Beasley "aye,, Kristoferson "nay", Cochran"aye", Durrance"aye', Young"nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote, ITENIS FOR INDIVIDUAL CONSIDERATION 21, The Council considered adoption of an ordinance of the City of Denton,Texas, abandoning and vacating a street right-of-way easement to the portion of Linden Street between Fulton and Alice Streets;providing for the reversion of the fee in said land; and declaring an effective dale. Rick Svehla, Deputy City Manager, stated that the School District suggested the closure of Linden Street due to the renovation of the football fields in the area. Both the Traffic Safety Commission and the Planning and Zoning Commission recommend approval, Council Member Cochran asked if the bridge in the area would be removed. Svehla stated that staff was recommending that the City remove the bridge,as the channel in the area would have to be widened in that location, Council Member Beasley stated that the ordinance did not mention fencing, utility easement, fire lanes, etc, as was discussed at the Planning and Zoning Commission meeting. h Svehla replied that that would be considered when the property was replated. The following ordinance was considered: � a i NO. 98-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A STREET RIGHT-OF-WAY EASEMENT TO THE PORTION OF LINDEN STREET BETWEEN FUTON AND ALICE STREETS; PROVIDING FOR • THE REVERSION OF THE FEE IN SAID LAND; AND DECLARING AN 0 EFFECTIVE DATE. Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", ' Kristoferson "aye", Cochran"aye", Durrance"aye", Young"aye", Brock"aye", and Mayor Miller "aye". Motion carried unanimously. K �1 szxl0 ` 0 { .v .ra triv!'r._ ✓«. a,*, akM1WOhAVH � City of Denton City Council Minutes March 17, 1998 Page 13 22. The Council considered adoption of an ordinance accepting a tract of land, as shown in the dedication instrument executed by D. L. Porterfield, Trustee, attached hereto, for street and mility purposes, and declaring an effective date. (Corner of proposed Audra LanuNottiagham Connection) Rick Svehla, Deputy City Manager,stated that this was part of the CIP program. The following ordinance was considered: NO.98-077 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY D. L. PORTERFIELD, TRUSTEE, J ATTACHED HERETO,FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran"eye', Durrance"aye",Young"eye", Brock "aye", and Mayor Miller "aye", Motion carried unanimously. I 23, The Council considered adoption of an ordinance abandoning and vacating a right-of-way casement for electric transmission and distribution lines in the vicinity of the southeast comer of intersection of Slate Highway Loop 288 and F.M. 426 (East McKinney Street) as it pertained to Lois 1 & 1, Block A, Pebble Brook Addition; and providing an effective date. (The Development Review Committee recommended approval. The Planning and Zoning Commission recom,nend d approval) Rick Svchla, Deputy City Manager, stated this would abandon an casement that was very old. Typically those casements did not follow straight lines. All easements had been acquired in order to plat the ground and this casement was no longer needed. The following ordinance was considered, +1 R NO. 98-078 AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF INTERSECTION OF STATE HIGHWAY LOOP 288 AND F.M. 426 (EAST MCKINNEY STREET) AS IT 0 PERTAINED TO LOTS I & 2, BLOCK A, PEBBLE BROOK ADDITION; AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson"aye", Cochran"aye', Durrance"aye', Young "aye", Brock"aye", and Mayor Miller "aye". Motion carried unanimously. ;, r r fI 1 e ' k +. ..C�+`3'rrt�ii�.2N.v.WV.f.nn. «.,. . sn N4:/l J.a w,P.�<y 4� axiMTSY.,MF wa rnvbirFM It erwrMUfniro.. � . � , r i City of Denton City Council Minutes March 17, 1998 I Page 14 24. The Council considered adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 97-237 for water service by correcting and amending the wholesale raw water service to Upper Trinity Regional Water District Schedule (WRW); providing for a refund; t:roviding for a severability clause; and providing for an effective date. (Public Utility Board recommended approvaL) Howard Marlin, Assistant City Manager for Utilities, stated that this ordinance would change the water rates to the Upper Trinity Regional Water District. A calculation error was made when the rate was modified this year. There would be no need for a refund as the error was discovered early and the District had been paying the correct amount. The following ordinance was considered: NO.98-079 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 97.237 FOR WATER SERVICE BY CORRECTING AND AMENDING THE WHOLESALE RAW WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT SCHEDULE(WRW);PROVIDING FOR A REFUND; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "eye", Kristoferson "aye",Cochran"aye", Durrance "aye", Young"aye", Brock"aye", and Mayor Miller "aye". Motion carried unanimously. 25, The Council considered adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 97.237 for water service which adds the wholesale treated water service to Upper Trinity Regional Water District for Schedule(WW2); providing for a severability clause;and providing for an effective date, (Public Utility Board recommended approval.) • Iloward Marlin, Assistant City Manager for Utilities, stated that this ordinance would add the sale of wholesale treated water to the Upper Trinity Regional Water District contract. I he following ordinance was considered, NO.98-080 • • • AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 97.237 FOR WATER SERVICE WHICH ADDS THE WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT FOR SCHEDULE (WW2); PROVIDING FOR A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE s r 0 ; .. � .,. .n. ;..ni�✓., 0v ax.�.,. `. .,. .,:... .. +.�„4<C+ +-,k ..ti •a^.av+M+��,tia�,�«...rk tMa"w, ra N�rR mm:wt.-...> .r .. n,...:.•. City of Denton City Council Minutes March 17, 1998 Page 15 i Cochran motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", ' Kristoferson "aye", Cochran "aye", Durrance"aye",Young "aye', Brock "aye', and Mayor Miller "aye". Motion carried unanimously. j 26. The Council considered adoption of an ordinance creating Capital Improvements Advisory Committee pursuant to Local Government Code Section 395,058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission members as members of the Advisory Committee; providing for the appointment of and appointing one ad hoc member of the Advisory Committee from the extra territorial jurisdiction of the City of Denton;providing for the adoption of procedural rules for the Advisory Committee to follow in carrying out its duties; A and providing for an effective date. Jill Jordan, Director of Watcr/Wastewater Utilities stated that State law required an advisory committee be established to help with impact fees. The committee would look over the land use assumptions, the CIP and would oversee the implementation of the fees. The options included e separate committee or the use of the Planning and Zoning Commission with an additional member added who lived in the ETJ area. That member would only function on the advisory committee matters and was not a regular Planning and Zoning Commission member, The following ordinance was considered; NO. 98-081 : 1 AN ORDINANCE CREATING CAPITAL IMPROVEMENTS ADVISORY I COMMITTEE PURSUANT TO LOCAL GOVERNMENT CODE SECTION 395.058 AS A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING COMMISSION MEMBERS AS MEMBERS OF THE ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF AND APPOINTING ONE AD 1I0C MEMBER OF THE ADVISORY COMMITTEE FROM 111F EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON; ,1 PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE ADVISORY COMMITTEE TO FOLLOW IN CARRYING OUT ITS DUTIES; AND ? ' 0 PROVIDING FOR AN EFFECTIVE DATE. t Brock motioned,Cochran seconded to adopt the ordinance and appoint Doug Chadwick as the ET) member, On roll vote, Beaslcy "aye", Kristofcrson "aye', Cochran "aye', Durrance"aye", Young f, "eye", Brock "aye",and Mayor Miller"aye". Motion carried unanimously, t j 27, The Council considered adoption of an ordinance declaring a public necessity exists and 0 0 finding that public welfare and convenience requires the taking and acquiring of a street right-of- way easement in 1.83 acres of land located in the M• Forrest Survey, Abstract No. 417, owned by i Ralph T, Bullard; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute The necessary proceedings in condemnation in order to acquire the property necessary for the public purpose ofconstructing Lakeview Boulevard from U.S. Highway 380 to 1200 feet south •Y ` F 0 t I' 1 NOW" L .:ieavff•'.a,7Y+C aYKrF°�,i!'41ei'+'W'uw,r...,,_.. . . ,...w.rM+W+'Hu �aex»n!wr`5,.'.reM.�[r�eii +, nM�,}Y,+Wr 1w•M�1.w'✓....`.in ww.rw.w. 7 I City of Denton City Council Minutes March 17, 1998 Page 16 .I of U.S. Highway 380;and declaring an effective date. ' Rick Svehla, Deputy City Manager, stated that the City was currently working with the developer I and hopefully the easement could be worked out. If not the City would proceed with the ordinance. The following ordinance was considered: NO. 99-082 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 1.83 ACRES OF LAND LOCATED IN THE M. FORREST SURVEY, ABSTRACT NO. 417, OWNED BY RALPH T. BULLARD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER 1'0 ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING LAKEVIEW BOULEVARD FROM U.S. HIGHWAY 380 TO 1200 FEET SOUTH OF U.S, HIGHWAY 380; AND DECLARING AN EFFECTIVE DATF„ Brock motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofetson"aye", Cochran "aye",Durrance "aye", Young"aye", Brock"aye", and Mayor Miller "aye'. Motion carried unanimously, 28. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing settlement of the claim of Allison Carreiro in an amount not exceeding $150,000; authorizing the City Manager to act on the City's behalf in paying the settlement, subject to the execution of a release approved as to form by the City Attorney; and declaring an effective data • City Attorney Prouty stated that it was recommended that Council authorize settlement of the claim in an amount not to exceed $150,000. I The following ordinance was considered: x NO, 98-083 +' • • • AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF ALLISON CARREIRO IN AN AMOUNT NOT EXCEEDING $150,000; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. , 7� � � 32 x � � °A 1 � �l 1 r , }ry� ♦f+ y O I , Y 7 . .r�..W.A+AY-i'.C+i'W wr'.wrra.w.,x .. .M♦..•e.lA ,rY4Yyi'�lW.��M1�.'4MT.^A•C1MbnWA3Vl,N:...r 0fw tiY1AMN`Y*�h"!fVnW.b1f.1]Y fh� � ♦♦ City of Denton City Council Minutes March 17, 1998 Page 17 1 it Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye",Cochran"aye', Durrance aye , Young-aye-, Brock "aye", mid Mayor Miller "aye". Motion carved unanimously. { 29, The Council considered nominations/appointments to City's Boards and Commissions. t Mayor Miller stated that Tony Reece had been nominated to the Zoning Board of Adjustment by , Council Member Young at a prior meeting: On roll vote, Beasley "aye', Kristoferson "sye", I Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. I Council Member Young nominated Maynell Shepherd to the Human Services Committee. t { 30. Miscellaneous matters from the City Manager, City Manager Benavides did not have any items for Council. 31. New Business There were no items of New Business for future agendas. I 32. There was no continuation of Closed Meeting under Sections 331-071-551.085 of the Texas Open Meetings Act. 1 33. The following official action was taken on Closed Meeting items held under Section 531- 071-551.085 of the Texas Open Meetings Act. Beasley motioned, Young seconded to increase the salaries of the City Attorney, Municipal Judge, and City Manager by 4% effective April 15, 1998. On roll vote, Beasley "aye", Krisloferson "aye",Cochran"aye", Durrance "aye", Young"aye", Brock "aye", and Mayor Miller "aye', Motion carried unanimously. • With no further business,the meeting was adjourned at t0:05 p,m. l .' it f; JACK MILLER,MAYOR '' c CITY OF DENTON,TEXAS JENNIFER WALTERS t CITY SECRETARY CITY OF DENTON,TEXAS Z-4 20W kk 25 K 32x � � MOWN `4 • 1 P 1 Y , 1 ' u MfWft . , ,,w�. ,atir6;V."A`Y"."�1�r I�';'F . .� .l :r4ssk��f ;, w ,. ,a�.-�• .a, w �. . .� ,. � .,i', CITY OF DENTON CI iY COUNCIL MINUTES March 24, 1996 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Special Called meeting on Tuesday, March 24, 1998 at 11:00 a.m. in the Council Chambers at City Hall. PRESENT; Mayor Miller, Mayor Pro Tern Brock;Council Members Beasley, Cochran, Young and Duff ance. ABSENT: Council Member Kristoferson L The Council received and opened bids regarding the City of Denton's Utility System Revenue Bonds, Series 1998. David Medanich, First Southwest Company, stated that the Council had received a letter summarizing the ratings on the utility bonds and the general obligation bonds. The general obligation bonds had an existing rating of Al. That rating would be upgraded from stable to positive with the next step to an AA rating, The utility system revenue bonds were currently at an At stable rating and an Al+ rating, That rating was maintained which was still a good rating based on the current condition of the electric regulation business, He stated that four bids were received regarding the utility system revenue bonds, The bids received and the int-rest rates were: Payne Webber - 4,947374, First Southwest Company, Inc. - 4,96108, Dean Whilter - 4.9380, and William R. Hough - 4.9549. Medanich stated that he would check the bids and return to Council with the winning bid, 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Bonds, Series 1998, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company,stated that the bids had been checked for accuracy and that the bid of Dean Whiner was the low bid. The following ordinance was considered NO. 98-084 . AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON U1IL1TY SYSTEM REVENUE BONDS, SERIES 1998, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RLLAT1NG THERETO; AND PROVIDINO AN EFFECTIVE DATE, Durance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran "eye",Durrance"aye",Young"aye",Brock"aye', and Mayor Miller"aye'. 0 ' With no further business,the meeing was adjourned of I I:1 S a.m. I After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, March 24, 1998 at 3:13 p.m. In the Work Session Room at City Hall, t 2S 32 x I n r S.OWtli 1 w , at 4 i City of Denton City Council Minutes Ma.eh 24, 1998 Page 2 E PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Kristofcrson Cochran,Young and Durance. E ABSENT: None i 1. The Council considered the following in Closed Meeting: A. Conference with Employees — Under TEX, GOV'T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing,but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, March 24, 1998 at 6;00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran,Young and Durrance, ABSENT: None 1. The Council received a report from the Denton Black Chamber of Commerce regarding a ; request to amend their 1997-98 Hotel Occupancy Tax Budget, held a discussion, and gave staff direction. John Baines, Denton BIack Chamber of Commerce, stated that the Denton Black Chamber of Commerce was working on bringing in events that all would enjoy and which would assist with the hoteUmotel tax. In the fall of last year, they had slated to have a jazz festival but because of scheduling difficulties and the incomplete band shell at Fred Moore Park, the event was delayed. The Chamber was asking to have two presentations in this year. In February a gospel music festival was held. Later this year they wanted to hold a rhythm and blues festival, possibly on the Labor Day weekend. The Chamber was asking for an amendment to their budget to allow them to spend two years worth of funds in one year. Consensus of Council was to proceed with the amendment and to prepare the necessary resolution to approve such. 2. The Council received a report, held a discussion, and gave staff direction regarding the adoption or a new master plan for Civic Center Park. The Parks and Recreation Board had recommended approval of the proposed Master Plan. Ed Hodncy,Director of Parks and Recreation,stated that the 1996-97 budget allocated money for a master plan for Civic Center Park. There were a number of improvements envisioned for the Park p through the CIP but no master plan to follow. A consultant was hirod in 1997 to perform the master plan proposal, An advisory committee was formed with members of the community and area groups to work on the proposal ideas. Public meetings were held to help determine which of the alternatives to work with. '�I�rrA i� ;�° ,, t r ! tr - 0 1 ,. . .,.... .a.:a 4;?.r+4c a: ,. .�'.t,1,i;;'t, ! .,raiGl.d•• . .+�t. n y....w;,.... _. . .+•., .,. - x. .,.. � •wa` , City of Denton City Council Minutes March 24, 1998 Page 3 Boone Powell, Ford, Powell and Carson,made a slide presentation of the proposed master plan for the Civic Center Park. Key points to the plan included (1) creation of a vision for the park that would reflect Denton's historic character and set standards for the future more urban city that was emerging, (2) provide spaces for large and small gatherings,(3) clarify park entrances and make a strong entrance to the Park and (4) develop the drainage-way into a positive amenity. Funding for the plan included$6 million but that would depend on when the project was started. The first need to fund was the dam and lake that would benefit the project. Following that, they would proceed wit be outlying areas of the park. Council Member Beasley felt that this was a great project and would Iike to we it adopted as soon as possible. o Council Member Cochran stated that the value of this type of plan was that it would provide direction to follow over a number of years. Consensus of the Council was to proceed with adoption of the plan. 3. The Council received a report,held a discussion, and gave staff direction regarding the draft landscape ordinance. Dave Hill, Director of Planning and Development, stated that following the last public hearing on March 3rd, staff was requested by the Council to respond to a letter submitted by Trammel Crow and to look at site plans from other metroplex cities, Suggested revisions included(1)development in the Airport, Central Business District and Fry Street area should be exempted from the landscape ordinance at this point in time. (1)Additional trees were designated as street trees. (3) Alternative shrub spacing may be used with approval of the Review Committee when it could be shown that the selected shrub met the same requirements. (4) Landscaping in yards would comply with the ordinance. Staff had received a fax from Trammell Crow regarding the full impact of development regulations. Council Member Beasley suggested decreasing the number of trees from 20 to 15 trees per acre rather than 20 trees per acre. The 20r/a open space would still be required but the number of trees per acre would be reduces!to 15 trees per acre. Council Member Cochran agreed with the 20-15 reduction. lie also suggested treating existing trees differently than lots that had no trees in regards to tree credits. If a lot had no trees, the developer would have an added expense for planting those trees. He suggested keeping the 20.20 regulation for existing trees and have a two tier requirement. Not everyone liked trees and if a developer installed the trees, the homeowner would have no decision on where to place the trees s nor the type of trees. The homeowner might like to have a say on where the trees would be located. Exempt residences from the requirement of 15 new trees per acre but if existing trees were present, p they should stay there. That way natural vegetation would not be lost. Council Member Kristoferson stated that it was her understanding that if a developer had 1000 trees and met the ordinance requirements, he would have met the requirements for all the lots in the development. Not all lots would have trees because he had already met the requirements, if there was a lot without trees and the hom owner owned that lot and asked to have house built, them yI •' �� • .I '! , y.. I. f 1. f I I ? ow" I e r , .•...� . . «n..`nI:.L.+edilf��±v'3N�L'E1irt.�.>,'.N�'_+"'C'If�4aNJi'a:'..1'�..��.ISM.If'G"4m",.+.'s"1M1n�.wr .w...�:. �.........., .r...., r.rv....-.aw � f City of Denton City Council Minutes March 24, 1998 Page 4 would be no requirement for trees. It would be at the owners prerogative to plant trees. In the ; situation of an infill lot where a builder might build a spec house, he would have to meet the requirements. I . Hill sta,ed that planting of those trees could wait for the owner's approval. There would be an escrow fund to be able to plant the trees at a later date according to the owner's desire. Another way to demonstrate compliance would be to put the burden back on the homeowner. Mayor Pro Tern Brock felt that 15 trees per acre would meet the requirements. She agreed with Council Member Beasley in changing that percentage. The three proposed exempt areas would be more re-development rather than development. Council Member Kristoferson felt that this was a positive method to deal with air quality in the City. She would prefer uniform standards throughout the city. Hill stated that staff was working on incentives to put parking in the back of developments. Council Member Cochran stated that even though there may be true redevelopment in the areas of the Central Business District,Fry Street and the Airport,those assets there now should be kept. Council Member Beasley wanted to make sure that University Drive was not included in the exempt area. She suggested that the cut off be on College Street. Council discussed the merits of the proposed ordinance. Consensus of the Council was to change to the fommla to 20-15, incorporate the four suggestions on the information sheet but exclude University Drive in the exempt area, 4. The Council received a report and held a discussion regarding growth forecasts and projections. Dave Hill, Director of Planning and Development, stated that RUST AND HLK had preformed a growth forecast and projection of growth. They would be presenting the results of that forecast to Council. • Al Pctrasck, RUST, reviewed the materials presented in the agenda back-up regarding the gn>wth forecasts and projections of growth. Council discussed the forecasts and projections of growth. Consensus was that those studies would assist with future planning issues. 1 I , • S. The Council received a report, held a discussion, and gave staff direction regarding the • • i„ Dcnion Plan Draft Policy Documents. I� Dave Hill, Director for Planning and Development, stated that final consideration by Council on l this item would be April 76f The agenda back-up information contained the same copy of the policies discussed during the public hearing with notes added per Council Member Cochran. He summarized comments from the public hearings for review. 32xIO ti I ,`'i ' Y.," �. L �ti.•. I ,K, •r�Y pv irk 'Y 1�'� 4•�'l J ` -ii , .# � 'ti s r• p Y Y � � r R r r e. • l � K 0 e 1 !ItIDfiAll �� Y h n i I a VV, # cl r�T9ro. "r`YaG�•,`1'T.�.�"�T0%��,°#lLb+r':Mffi+Y'lk.•1LACNaYS ,..?6�8P.�11'#ZM,.KPwi"r/ei+.1 a...._.. � ...,n.+�. .L.�'aL'.m� ..w..�.;w � .�.:..;1 � 1 ,1^ � '; 1 � • �. City or Denton City Council Minutes ' March 24, 1998 Page 5 Mayor Miller suggested that some type of index and not a fixed figure be used when referring to affordable housing. I Hill stated that a definition of"affordable'would be used instead of a dollar amount. Council Member Beasley suggested taking out specific examples of incentives in the economic diversification section as they could change over time. t Mayor Pro Tern Brock stated that #1 and #2 both dealt with local business ownership and { ;i questioned if they were redundant t Hill stated that the second part of growth management directly addressed local business ownership. Council Member Cochran proposed some basic wording changes in the draft document as noted in the agenda back-up materials. Council discussed the draft documents and made suggested changes for the Planning Department to incorporate into a revised document. With no further business,the meeting was adjourned at 10:55 p.m. ( ;' I JACK MILLER, MAYOR CITY OF DENTON,TEXAS 1>� r JENNIFER WALTERS CITY SECRETARY I CITY OF DENTON,TEXAS � a ! 1 i r 2 !ix � � 32x ❑ I I 0 , r ' N r r u.� :..a•µa 4'MnnY't.9a.�...�..+:..•«w.nt r+w.wan ,, a+ ....—...,...I:::.....r..w.:�n 4.ww».:. a '' ay r , � Agenda No Agenda item - AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1998 Questions concerning this acquisition maybe directed to DEPARTMENT: Finance— Purchasing Bruce Henington 349-8134. i ACNI: Kathy DuBose,349-8228 SUBJECT I r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR MLK RECREATION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS I ; THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2173 —HVAC f RENOVATION AND EQUIPMENT REPLACEMENT FOR MLK RECREATION CENTER TO BCI MECHANICAL IN THE AMOUNT OF S117,800.00). BACKGROUND Tabulation Sheet ESTEMA i ED SCHEDULE OF PROJECT Work will begin within two weeks of bid award and be completed no later than July 20, 1998. PRIOR ACTION/REVIEW[Council,Boards.Commissions] ; This is a project approved during the budget process as a one time facility improvement expenditure. It is the result of the Martin Luther King, Ir. Recreation Center ° Investigation of Facility Report issued in October of 1992. • i < FI SCA I. I N FOR.NLITION Funds for this rcnrvation project are available in the 1997.98 budget account number 100.041.020,\1.9101; Facilities Management Capital improvements. r yy 32X 10 • riV ' 1 ` Ttiv ', r -!„s ,',,j r , 'l^ � � •+( p ( 1., � t.r.. I 1 �A�• i 11 al �'� I r ♦ 1 'd t I C r? 1 1 � I I r ! '.. � t � I ! �: .• I ,r, F t 'my 1 F( • t• J t i 1 r 1 i I � drRasy I '4 I `' L i 9 h ��� _I I 4n w \S >`�t{ A i _ 1 {S�{ ^T �4 aR t s•:. \, r ^,. ae1K L+,wa riwxaiw..^Ilia.11L�OLNAP�Pk'Akr!'uW.1+tti+1➢'tYrKMOMWavnanh++. _ 1�; 1�Ta M�+• :T” ,.....^n..a.lwr..:.4. �i+.�:,. r T' 11 I = AGENDA INFORMATION SHEET f APRIL 7, 1998 PAGE 2 OF 2 .. BID INFORNIADON This bid is for the renovation of the Heating Ventilation Air Conditioning (HVAC) system at the Martin Luther King,Jr. Recreation Center. Included in the renovation is the a installation of an user friendly CPU driven temperature control system, program controlled software for temperature selection, roof mounted single zone content volume ' # roof top units on the gym, air source heat pumps, and automatic controls and instrumentation. Also included are smoke detectors, thermostats, room sensors/transmitters,and a computer and control processing console. { Respectfully submitted: ` Name: Tom Shaw, C.P.M., 349-7106 Title: Purchasing Agent Attachment 01: Tabulation Sheet 1017 AGENDA 7 , tr J%O y i' i ' a} I. 2 V '{i; 25 32XI ❑ 1 Ci '4,i' ? �I tn) 5,. 'n K •—f� 1r� i Y� T '�� w o Y l�,>i t• I 1 ��1 " � lh��'y � }tif�a .F"rr ' ' •e rw r t AYOi! C y' � 1 1 q] r , 1 . �sP � ,. � d'" � •• ' X16 s I ♦ �� w � u .;✓ " � " s p �, .s i" .�e�¢;,�i *T �'-:;n�v.. :5.,:..•..—,e�ti.t�ew++.r+iww�A+F4 �' � f r l T 4 ATTACHMENT 01 TABULATION SHEET •I• IE BID• 2`173 r BID NAME HVAC RENOVATION A EQUIPMENT BCI COX CBS LASSRER ±- 'u� REPLACEMENT FOR 64JK REC CTR MECHANICAL MECHANICAL MECHANICAL INC. ; w. DATE 3117798 x, 0 QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR TOTAL BID AWARD 8117 600.00 $193.663,001 818! 00.00 8111 12.00 i BID BONDICASHIER CHECK BONO CHECK BOND BONO ADDENDUM 01 YES YES YES YES d � t i I' t� 25 K 1d 1 132X ❑ 0 •S 4 r ' J 1� Rr 4 v.l•4r N:� N'4.TV•J w.n .l%tiw ` • 1.1 • .vV �,. � , I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR { HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR MLK RECREATION CENTER;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE. (BID # 2173 —HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR MLK RECREATION CENTER TO BCI MECHANICAL IN THE ADIOUNT OF 5117,800.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances;and WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, ` THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements,as described in the "Bid Invitations","Bid Proposals"or plans and specifications on file in the Office of the Cityrs Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR ANIQUN1 2173 BC1 MECHANICAL $1179600.00 • SECTION 11, That the acceptance and approval of the above competitive bids shall not constitute a contract betwcen the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after ! notification of the award of the bid. 0 ! h 4 25 10 3rzX 10 r , O a , i , ' Y (l l � C a ( ...a....�� .a. . . t: l SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals,and documents relating thereto specifying the terms, conditions,plans and specifications,standards, quantities and specified sums contained therein. SECTION W. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein,the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. PP P SECTION V. That this ordinance shall become eflective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1998 1 JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY . ' BY: P PPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i • Bl'. !1?3CONTR ACT ORDINA\'CE • i 5 i ' !err 1 y y , I tlf ww 1 M i' , 1 , Apends No Apsnda Item _ f Date �. AGENDA INFORMATION SHEET ` t AGENDA DATE: April 7, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance- Purchasing to Ed Hodney 349-8271 , ACM: Kathy DuBose, 349-8228. SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND CORGAN ASSOCIATES, INC. FOR THE DESIGN OF THE NORTH LAKES AND DENIA RECREATION CENTERS EXPANSION IN THE AMOUNT OF 575,000.00 FIXED FEE AND A NOT TO EXCEED REIMBURSABLE AMOUNT OF 57,500.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP 112174 - NORTH � LAKES AND DENIA RECREATION CENTERS EXPANSION - CORGAN ASSOCIATES, INC. - FIXED FEE OF 575,000.00 PLUS A NOT TO EXCEED REIMBURSABLE AMOUNT OF 37,500.00. BACKGROUND List of firms responding to the request for proposal. (Attachment N 1) a ESTIMATED SCHEDULE OF _PROJECT • City Council Award Design Contract April 7, 1998 • Completion of Construction Documents June 25, 1998 • Conmction Bids Received July 16, 1998 • Award Construction Contract August 4, 1998 s Construction Start August 12, 1998 • Construction Completion November 1998 q PRIOR ACTIONaEVIEW(Council,Boards.Comadislool RFSP responses were reviewed by a selection committee of staff members. A short list of three firms was established for interview purposes. Corgan Associates was chosen as >Q the most qualified for this particular project. 1 1 7h � � 32 x1 ❑ ,.r ,��•> �;r l ♦ C 5 d r ♦ r ° t� rN s4 n l 1t Ti 1 `, tir` � a1 " � � _ 'v' i 4 € r�ti+, p,r •• :w+il d- y 4� r..n A ♦. � q �R. v ?1' '♦� � r 'r _. rr :� r . [ "' Lrr 4� 9 ` "� ls r�r !r , it r: ,• t , t It 1ti r ty , It L r ♦ � I fir 3 \ T 1 { 1 � ......�....:i .?d..ai....J..w.. �. � r. �".tL _ .f °r.°%�r�i'�-♦. !' _d:.. � .S..L.�.L... � .h .r I r a p h r i' 1 AGENDA INFORMATION SHEET APRIL 7, 1996 ' PAGE 2 OF 3 I FISCAL INLFORNIIATION I The funds for this project are available from 1996 CIP bond funds for recreation facility improvements. i MP INFORMATION This request for sealed proposal is to select an architect for expansion of the North Lakes and Denia Recreation Centers. The expansion will include an approximate 5,000 square feet expansion of the following facilities at each recreation center. ` I Gym Entry Hall f' Game Room Storage Restroom Fitness Area Vending Area Multi-Purpose Room Office Preschool Restroom(Denis) Included in the scope of services are: Schematic Design Design Development Construction Documents Specifications + Bid Evaluation Construction Administration The negotiated price is equal to 7.5%of the available project funding of$1,000,000.00. Respectfully submitted: Name: Tom Shaw,C.P.M.,349.7100 + Title: Purchasing Agent Attachment#1. List of Respondents 1019AGMA 2 r 25 x 10 32x10 I ! . I � I f r y i ) e M" . al r • i'. 1 1 I I1�� I I I .i�SI 7. L .0 `r1• 1 ) — I le ( I, 74r •���! ♦ hdr � -Ly'rT " )! �,. I i ATTACHMENT # I i { RFSP # 2174 ; 1 t.r RESPONDENTS TO NORTH LAKES AND DENIA RECREATION CENTER e R'; EXPANSION REQUEST Corgan Associates, Inc. Hatfield—Halcomb I " James R. Kirkpatrick 1 Brown Reynolds Watford Hideil Associates Y Hatfield Crookless Vidaud & Associates Inc. Design Dimension, Inc. I I 3 li :- K � or 32Xii t s 0 j AGREE M NT BETIVEEN THE CITY OF DENTON AND CORGAN ASSOCIATES, INC. j ' RFSP#2174—NORTH LAM AND DEMA RECREATION I CENTERS EXPANSION E . This Agreement trade as of the seventh day of April, 1998 between the City of I Denton, Texas, hereinafter referred to as "Owner" and Corgan Associates, Inc, hereinafter referred to as "Architect" for the following Project: North Lakes and Denia Recreation Center Expansion, The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with a very high standard of professional skill and care and the of progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the ` Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over i the Project. Time limits established by this schedule acid approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, and any i adjustments to this schedule shall be mutually acceptable. i I 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10.4.1, AR71CLE SCOPE OF ARCHITECT'S BASIC SERVICES 2.l DEFINITION 2.L 1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article I1 as part of Basic Services, and include without limitation normal structural, mechanical and elecaicai engineering services and any other engineering services necessary to produce a cAmplete and accurate ` set of Construction Documents, as described by and required in Paragraph 2.4, 4 ` . „ , , 10 32 X e O T [ . l )r; i r 2.2 SCHEAIATIC DESIGN PHASE 2.2.1 The Architect in consultation with the Owner shall develop a written program for the Project to ascertain Owner's steeds and to establish the requirements for the Project. y 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. ' 2.2.3 The Architect shall review with the Owner alternative approaches to d:nign and construction of the Project. 2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and reguladom. 2.2.3 The Architect shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current arcs, volume or other unit costs and which Indicates the t of cos each category of work involved in constructing the Project and establish an 8 la elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments 1 authorized by the Owner In the program, schedule or construction budget, the Architect shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other � elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations, Notwithstanding Owner's approval of the documents, Architect shall prepare documents and specifications sufficient and adequate to MIMI the ' purposes of the project. 0 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Comtruaiom Cost in a further Detailed Statement u described In Paragraph 2.2.5. �k WSW 0 s � I � , ... � ❑ 32x ❑ • O w axes as 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4,1 based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect $ball prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth is detail requirements for the construction of the Project, which shall comply with ad applicable laws, stances, ordinances. codes, regulations including, without limitatio n. the latest ADA stale and federal r'equiremeats, All state and federal requirements shall be submitted by the architect and gain appravai before the bidding process, 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condition of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous Preliminary estimates of Construction Cost indicated by changes in requirements or I general market conditions. 2.4.4 The Architect shall assist he the Owner is connection with the Owner's having jurisdiction over the 1 responsibility for filing he Project.uree roject t. d require for the approval of governmental authorities 2.5 BIDDING 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids and assist in awarding and preparing contracts for construction. { 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approval Detailed Statement of Probable Construction Costs of the Projects submitted by the Architect, then the Architect, as its sole cost and expense, shall revise the Construction Documents as tray be required by the City to reduce or modify the quantity or quality of the work so that the tow construction cost of the Project will not exceed the tow construction cost set forth is the approved 4 Detailed Statement of Probable Construction Casts, The project shall be bid with a written statement requiring the contractor and subcontractors to sign an agreement to participate in a partnering construction relationship with the City and the Architect, • 2.6 CONSTRUCTION PHASE • ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction h^ Phase trader this Agreement commences with the award of the Contract for Cow ctioa and terminates at the issuance to the Owner of the Tina[ Certificate for Payment, unless extended under the I- r=of Subparagraph 9.3.3. a 6 is 32XIO J� R e ' anus ,^ 0 ,f I i s , 2,6.2 7be Architect shall provide detailed adatinistration of the Contract for i r Construction as set forth below and in the edition of AIA document A201, General Conditions of the Contract for Construction, current as of tae date of this Agreement, unless otherwise provided in this Agreement. ' 243 Construction phase duties, responsibilities and limitations of authority of the hall not be restricted, modified or extended without written agreeme Architect sm of the Owner and Architect. 2.6.4 The Architect shalt be a the Owner 1 during representative of and shall advise and consult with ( ) g ronstructioa, and (2) as an Additional Service at the Owner's direction from time to time during the warranty period deed in the Contract for Construction, i.e. one year. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall observe the construction site at least one time a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a trtanner Indicating that the Work when completed will be in accordance with the Contract Documents. Provided, however, Architect shall not be required to make continuous on- site hVecdoas to check the work. Architect SW provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence In discovering and promptly reporting to the ` Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect represents that he will follow the highest professional standards In performing all services under this Agreement Any defective designs or specifications furnished by the Architect wit! be promptly corrected by the P.'cbiuxt at oo Cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any pan of the Architect's services hereunder or of the Project itself shall In no way after the Architect's obligations or the Owra*'q rights hereunder. !!!, 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, The Architect shall not be responsible for the Contractor's sehedules or failure to carry out the Work in accordance with the Contract Docurents except insofar as such failure may result from Architect's acts or omissions, The Architect shall not have control over or charge of acts of • omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 7 Anowf 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data compr'sing the Contractor's Application for Payment, that the Work has progressed to the point in heated and that the quality of the Work is in accordance with the Contract Mcuments. The foregoing representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect, The issuance of a Certificate for Payment shall flusher constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall Dot be a representation that the Architect has (1) made exhaustive or continuous on-site inspection$ to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractor and material supplier and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Stem. 2.6.11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for Implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection of testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the • purpose of (1) compliance with applicable laws, statutes, ordinances and codes', and (2) determining whether or Dot the Work, when completed, will be in compliance with the requirements of the Contract Documents. The Architect's action shall be taken with sucb reasonable promptness to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professlonal dgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installulon nr performance of equipment or systems designed by the Contractor, all of which retvin the responsibility of 8 i 32X the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of coastruction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment Is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, , systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documenrarioa and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.l and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contras Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents, 2.6.14 On behalf of the Owner, the Architect shall conduct impecdons to determine the dates of Subsu mtW Completion and Fuld Completion, and shat! issue Certificates of Substantial and Final Completion. The Architect shad also make observation within thirty (30)days of the expiration of the one year warranty period under the performance bond or one year from the date of final completion and shall immediately advise the Owner in writing of any defects in workmanship ant: material so that the Owner may make an appropriate claim wider the bond, The Architect will receive sad review written guarantees and related documents required by the Contact Documents a,d assembled by the Contractor and shall issue a final certificate for payment. 2.6.13 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contras. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6,l6 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpretations or i decisions so tendered in good faith in accordance with all the requirements of the Owner- Arc hitect Agreement and in the absence of negligence, 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters In question between the Owner and Contractor relating to I the execution or progress of the Work as provided In the Contract Documents, I 9 y �, ,, 32X I • ° ' 1 . ' 4 j; :gym 2.6.18 The Architect (1) shall render services under the Agreement in accordance with the highest professional standards prevailing in the metroplex area; (2) will reimburse t•: the Owner for all damages caused by the defective designs the Architect prepares; and (3) by aclmowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Architect's obligations tbereunier. I I , 2.6.19 The Architect shall provide the Owner with one set of reproducible prints showing all significant changes to the Construction Documents during the Coasnuction Phase and shall also provide the Owner with one set of reproducible as-built Drawings for the Owner's file. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL E 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 2 or 11, and they shall be paid for by the Owner as provided in ibis Agreement, in addition to the compeasadon for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architea's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems f that such services described tinder Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services.I Ces. Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not requited due to the negligence or fault of Architect. 3,2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the • Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed. j ' r � 1, l0 E R* a5 k � ❑ 32 x ❑ o r. { , 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies - in the Work, but the tarnishing of such project representation shall not modify the rights, i responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are; 1. inconsistent with approvals or instructions previously given by the ; Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2, required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 3.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection With the replacement of such Work. 3.3,5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor. 3.3.6 Providieg services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. • 3.3.7 Providing servkes in connection with a public tearing, arbitration I proceeding or legal proceeding except where the Architev is parry thereto. { 3,3.8 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, or coastruction prior to the completion of the Construction Documents phase, • , , it s , C +' f 3.4 OPTIONAL ADDITIONAL SERVICES kE 3.4.1 Providing financial feasibility or other special studies. I 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions , required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to snake measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing services in connection with the work of a oonstruction manager or separate consultants retained by the Owner. 3.4.9 Providing detailed quantity surveys or inventories of material, equipment and labor. ' 3.4.10 Providing analyses of owning and operating costs. 3.4.11 Providing interior design and other similar smites required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.12 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. • 3.4.13 Providing assistamce in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operadoa. 3.4.14 Providing services other than as provided in Section 2.6.14 of Ankle 2 and No. 4 of Article 11, after issuance to the Owner of the final Certificate for payment, or in the al"ence of a final Certificate for Payment, more than sixty (60) days after the ' • date of Sub,=tial Completion of the Work. 12 I • c , 3.4.15 Providing services of consultants for other than architectural, structural, j mechanical and electrical engineering portioas of the Project provided as a part of Basic Services. j 3.4.16 Providing any other services not otherwise included in this Agreement ' or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings showing signillcamr changes in the Work made during construction based on marked-up prints, drawings and other data furnished b the Contractor to the e Arehi[ect. (This is for drawings prepared in addition to those called for in Section 2.6.19.) ARTICLE 4 OWNER'S RESPONSBILIT[ES 4.1 The Owner shall consult with the Architect regarding requirements for the Project, including (l) the Owner's objectives, (2) schedule and design coastraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, as more specifically described in Paragraph 4.2 The Owner shall establish and update an overall budget for the Project, Including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall reader decision in a timely manner pettainiag to documents subtrtined by the Architect Li order to avoid unreasonable delay in the orderly and sequential progress of the Architect', services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys act legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restriction, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lim, both public and private, above and below Q grade, Including inverts and depths. All the information on the survey shall be referenced Q Q to a project benchmark (this benchmark and the height of initial slab shall be approved by the Owner and City of Denton Engineering Department prior to bidding). 13 32x ❑ • •.; yr, � .v, lr c I 4 f F r } r ' rl r 4.6 The Owner shall famish the services of geotechnical engineer when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, de rtninatiotu of soil beating values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tats, including I necessary operations for anticipating sub-soil conditions, with reports and appropriate professional reoommeadations. 4.6.1 The Owner shall furnish the services of other consultants when such { services are reasonably required by the scope of the Project and are requested by the Architect and are not retairted by the Architect as pan of W Basic Services. 4.7 The Owner shall AmIlsh structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, 4.8 The Owner shall famish an legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verity the Contractor's Applications for Payment or to ascertain { how Of Owner, for what purposes the Contractor has used the money paid by or on behalf of the i 4.9 The services, fnfotmatiom, surveys and reports required by Paragraphs 4.3 through 4,8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any 1 negligence on the part of the Architect, Nothing In this contract shall relieve the Architect from the responsibility for services performed which were inadequate because they were based on information furnished by the City that an Architect exercising reasonable care and skill would have detentnired was inaccurate. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and i approval at least fourteen (14) days prior to execution. The Owner shall cot request fi certifications that would require knowledge or services beyond the scope of this 1, Agreement, • ARII.CLE 5 i CONSTRUCTION COST � 5.1 DEFINITION ' 3.1 r 1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect, 14 IN 10 32 X I O 0 0 s 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Convave N Cost does cot include the compensation of the Architect , and Architect's consultants, the costs of the land, rightsof-way, fitsancing or other costs which are the responsibility e,'the Owner as provide! in Article 4. 5.2 RESPJNSEBHM FOR CONSTRUCTION I 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architecr, represent the Architect's best judgment as a design professicnal familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and doon not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.21 No fixed limit of Construction Cost shall be established as a condition of f this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limits has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to ' include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occu rriag after execution of the Contract for Construction 513 If the Bidding Phase has not commenced within ninety (90) days after the Architect submits the Construction Documents to the Owner, nay Project budget or ,^ fixat limit of Construction Cost shall be adjusted to «Rect changes in the general level of prices in the construction ¢dustry between the date of submission of the Construction Documents to the Owner and the date on whkh proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3)is exceeded by the lowest bona fide bid, the Owner shall: 1. give written approval of an increase in such fixed limit: V lS a, �: � � 5 � ❑ 32XI ❑ mm�mmw�Allww An S r; ' r 1 a i, N 0 t rx r r , Ili . 2. authorize rebidding or reuegodatin of the project within a reasonable tnmo, i 3. if the Project is abandoned, terminate in accordance with Paragraph 7.3; or 4. Cooperate in revising the Project scope and quality as required to , reduce the Construction Cost. 5r2r5 If the Owner chooses to proceed under Clause 3.2.4,4. the Architect, without additional charge, shall modify the Contract Documents necessary ents as ne to comply with the fixed limit, At the Architect's sole cost and expense in accordance with Clause 2,3.2. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit, The Architect shall be entitled to compensation in accordance with this Agreemeat for all services perforated r whether or not the Construction Phase is commenced. ARTICLE , USE OF ARCIDTEC7'S DRAAINGS, : SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to L1 .s Project and, unless otherwise provided, the Architect shall be deemed the i author of these documents and shall retain all comma law, statutory ad other reserved rights, including the copyright, The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project, The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects or for completion of this Project by others, unless the Project, or any phase thereof, of the Project Is complete, Architect Is In default of this Agreement, of this Agreement is terminated, at wbkb time such documents become property of the City of Denton which allows Owner freedom to we such documents. 6.2 Submission or distribution of documents to meet officW regulatory requirements of for similu purposes in connection with the Project Is not to be construed as publication in derogatloa of the Architect's reserved rights, 44 16 k r +' 25x 32xICI I / a Ji l lr M1 1 I Q 1 1 f. err r I I. f • f ,' I r ,1 4 r .q . r 4 mot) Kf I r w ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other parry fail substantially to perform in accordance with . th the terms of this A termination. greement � no fault of the party jai the 1 7.15 The City of Denton may terminate This Agreement after the completion Of each basic service phase, as set forth in Article 10.1.2 hereof, upon written notice to the Architect. 7.2 If the Project is suspended by the Owner for more than thirty (30)consecutive days, the Architect shil be compensated for services performed prior to mice r' such suspetsion, When the Project Is resumed, the Architect's eompenutica shall bi equitably adjusted to provide for LVCp jes incurred is the interruption and resumption of the Architect's services. I 7.3 This Agreement rmy be terminated by thoo Owner upon not less than seven (7)drys' written notice to the Architect in the evem that the Projax is permanently abandoned. If the Protect is abandoned by Ike Owner for more than ninety (90) i consecutive days, the Architect or the Owner may terminate this Agreement by giviag writtim notice, 7.4 Failure of tie Owner to make t with this Agreement shall be considered substantfaln nonperformance and accordance for termination. 7,5 If the Owner fads to make payment to Architect within thirty (30) days of receipt of a statement for services property performed, the Architect may, upon seven (7) days' written notice to the Owner, suspaW Performance of services under this Agreement, Unless payment In full Is received by the Architect within seven (7) days of the date of the mice, the suspension shall take effu t without further notice. In the event Of a suspension of services, the Architect shall have no iiabitity to the Owner for delay or damage caused the Owner because of such suspeasion of services. 7.6 in the event of termination tat the fault of the Architect, the Architect shall be compensated for services Properly performed prior to termination, t I 17 t , 2-. 10 32x ❑ O �o- serwm� . .:.. ... n. ., ..w :i..e ..li.y. ..4".rI .r:'.i.r .♦..... -....r ..r N.J iu. �.....„.n.. � � S :' 1 1 ' MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. 8.2 Tema In this Agreement shall have the same meaning as those in ALA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. i 8.3 The Owner and Architect, respectively, bind themselves, their partners, successor$, assigns and legal representatives to the other parry to this Agreement mad w the partners, successors, assigns and legal representadves of such other party with respect f to all covenants of this Agreement. Neither Owner nor Architect shall assign this f Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negaiadoat, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ' 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants sba11 have no responsibility for the discovery, presence, handling, ) removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances, provided, however, Architect shall have the responsibility to and shall report to the Owner the locadoa of any hazardous material that an Architect of similar skill and expertise should have noticed. 8.7 Upon receipt of prior written approval of Owner, the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect • in writing of the specific information considered by the Owner to be confidential or i Proprietary. The Owner shall provide professional credit for the A-bitect on the construction sign and in the promotional materials for the Project. k N.� 18 n • r , 8.8 Architect shall have knowledge in, experience in, and willing to participate/cooduct in parmering construction. Parmcring construction is defined as; "a long-term commitment between two or more organizations for the purpose of achieving specific business objecdves by maximizing the effectiveness of each participant's resources. The relationship is based on test, dedication to common goals, and an understanding of each other's individual expectations, values, roles and responsibilities." 8.9 The Owner shall have the right to review and approve personnel assigned to specific roles in the performance of this prr Jett. Architect agrees that this is a personal services contract and that the by persons w',o shall be performing most of the work shall be Lyle Burgin and Lou Wolf, But, with NW's permission, Architect may use other qualified and competent members of their fi,m to perform the work, A4 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. P 9.2 REIMBURSABLE EXPENSES • NEED TO BE PRE-APPROVED 9.2.1 Reimbursable Expenses are in addition to compensation fe- Basic and E Additional Services and Include expenses Incurred by the Architect and Architect's employees and consultants in the interest of the Project, as Identified to the following Clauses. 91.1,1 Expense of transportarlon In connection with the Project; expenses in connection with authorized out-of-town travel; long-dismace communications: and fee paid for securing approval of authorities having Jurisdiction over the Project. , 1 9.2.1.2 Expense of P roductions, postage and handling of Drawings, j • Specifications anti other documents. t 9.2,1.7 If authorized In advance by the Owner, expense of overtime work requiring higher than regular rates. 1 14 9.2,1.4 Expense of renderings, models and mock-ups requested by the Owner. i1 i � • • 'oMY' 19 x 1 Q 32 x Q i r y�' 0 4 +taawr 9.2.1.3 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried t . t by the Architect and Architect's consultants. i 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES j . 9,3.1 Subsequent payments for Basic Services shall be made monthly and, Where appllcaMe, shall he in proportion to services performed within each phase of service, on the basis set forth to Subparagraph 10.2.2. 9.3.2 If and to the extent that the time initially established in Subparagraph 10.4.1 of this Agreement b exceeded or extended through no fault of the Architect, compensation for any services tendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10.2.3. 9.3.3 When compensation is based oo a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. In accordance with the schedule set forth in Subparagraph 101.2 based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 9.5 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the Architect's compensation on i account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible. 9.6 ARCHrrECT'S ACCOUNTING RECORDS M t' 9.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shalt be available to the Owner or the Owner's authorized representative for inspection and copying during regular business hours for three (3) years after the date of the final Certificate of Payment. 20 25 � � ❑ 32X e C i E: I h . . r \ ..a r: . •n14.i.i4rl l../ 1 . ... ..� rn'.. ... .4....i.Y ..v .. as.a. i. ARTICLE 10 ! BASIS OF COMPENSATION � I The Owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION , 10.1,1 FOR BASIC SERVICES, as described in Arricle 2, and any other services included in Article I I as part of Basic Services, Basic Compensation shall be the total amount of$73,000.00 with 5% retainage held by the City. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic CompeewAtion payable: North Lakes and Denis Recreation Centers Expawfon a resign and Development 20% $ ! • Construction Documents 45% $ Construction 30% S Tout cost without reimbursables $ 73,000.00 101COMPENSATION FOR ADDITIONAL SERVICES (Not to exceed $7,500.00) 10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2.2, compensation shall be computed as follows: On an hourly me basis, based on Article 10.2.2, 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 11. other than (1) Additional Project Representation, as described in I Paragraph 3.2, and (2) services included in Article I I as pan of Additional Services, but excluding services of consuitana, compensation shall be computed as follows: primipa's $123.00 per hour Sr. Project Manager $93.00 average hourly rate i See Exhibit "B" I 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided 0 under Subparagraph 3,4,16 or identified in Article 11 as part of Additional Services, a multiple of 1.l times the amounts billed to the Architect for such services. 21 a 32 X r r r. � f r ' e 0 10.3 REIMBURSABLE EXPENSES (Not to exceed$7,500,00) f 10.3.1 FOR REIMBURSABLE EXPENSES, as described in paragraph 9.2, and any other items included in Article 1I as Reimbursable Expenses, a multiple of 1.1 times , the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. i 10.4 ADDITIONAL PROVISIONS 10.4.1 IF THE BASIC SERVICES covered by this agreement have not been completed within fourteen (I4) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shalt be compensated as provided In Subparagraphs 9.3.3 and 10.2.2. 10.4,2 Architect may bill the City for boors expended every month, beginning thirty (30) days after the Architect begins the work and the City shall endeavor to pay the Architect within thirty (30) days of recefving an invoice. However, the City shall not be obligated to pay more than 95% Of the total contract price to Architect through monthly invoices, until Architect has completed all services required by this Agreement. 10.4.3 Payments are due and payable thirty (30) days from the date of the Architect's Invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (1'%) per month. Provided, however, Owner shall not be responsible for paying for any services which have not been satisfactorily performed in accordance with the terms and conditions of this contract and shall not be Gable for any interest on such services. ARTICLE II OTHER CONDITIONS OR SERVICES 1. Insurance and Indemnification. Architect shall maintain, at no expense to Owner, insurance coverage placed with companies rated at least B+/X by Best's Key Rating Oufde, including a professional liabdiry policy in an amount not less than one million dollars ($1,000,000), including coatracttral liability coverage. All applicable insurance policies shall name the Owner as additional insured and shall require the giving of written notice to Owner at least thirty (30) days prior to cancellation, oon•renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. Architect shall furnish Owner copies of said policies or certi ficates of insurance, O e 22 �fi: � �.; J h ❑ 3 2 X a 1. a 1 P t. Ir 0 lj i 1 l I l 4 a.w..«rnetrlir.lc+.wuwhNkfEllk:e.x.u,• .. .w ,.... ,i' � � + w: -..d.r..r+.%+i.wi.w r•w rAmw.j««rv.a � •....." \ r ANChitOCt 4 • boid batmlma, ad dafead d10 pry, i0 ofticimp 290M. and eaqkip"et *=and apdmt MW and W dM= or aft � r r joss,or ofwbat m Idod or tea, uigbg out aJ.a to 0000OW= with the Pft mos by the Ancbiroct of draw ll"i= oontetaphed by thin ASrt@= t• bead upon gligptiM of h eaa or amlat M of Architect, in opera employM mQ 'I • A ' wo*plm is&Cached basso a Babibit A. 1 Thin sicaemeae mterad ioto a of da dq wad yatr Ara written above. CT,tY OF D NMI TBW CORGAN AS90CIATE9 ARCMTS Tg OWNER , BY: BY T=�BENAVMES, CITY MANAGER i^ CIPAL I ATTEST: h fEiYNIFER WALTBR,4r CTTY SECRETARY APPROVED AS TO LEGAL FORM: HERBMT PROUTY,CITY ATTORNEY t 1" BY: I VI. 77 S 25 x � 32x � � I s i a L d r + P I Y .. WrAWF N r , I } .. r ... <r r.AUe.AJ4,.r?ATllmaidhfihw .. .. r�.n �. . .�++..F...r.�•nr. � r\.. ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND CORGAN ASSOCIATES.INC.FOR THE DESIGN OF THE NORTH LAKES AND DENIA RECREATION CENTERS EXPANSION IN THE AMOUNT OF$75,000.00 FIXED FEE AND A NOT TO EXCEED REIMBURSABLE AMOUNT OF 57,500.00; PROVIDING FOR f THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2174 - NORTH LAKES AND DENIA RECREATION CENTERS EXPANSION - CORGAN ASSOCIATES, INC. - FIXED FEE OF $75,000,00 PLUS A NOT TO EXCEED REIMBURSABLE AMOUNT OF S7,500.00). WHEREAS, Chapter 2154 of the Texas Government Code, known as the Professional Services Procurement Act,provides that a City may not select a provider of professional services on the basis of competitive bids but on the basis of demonstrated competence and qualification end for a fair and reasonable price; and WHEREAS,the professional fees under the proposed contract are consistent with and not higher than the recommended practices end fees published by the applicable professional association and do not exceed an maximum provided by law; and WHEREAS,the City Council has provided in the City Budget for the opriation of funds to be used for the purchase of the services set forth in the proposed contract; ,,60W THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, T tat the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a professional services contract, substantially the same as the contract which is attached hereto and made a part hereof for all purposes, that provides services relating to Architectural Services as defined In Request for Sealed Proposal 42174 North Lakes and Denis Recreation Center Expansion Project with Corgan Assoclates, Inc. in the amonnt of 57.1,000.00 fixed fee plus a not to exceed reimbursable amount of 117,500.00, SECTION IL That the award of this contract is on the basis of demonstrated competence and qualifications of the provider of professional services under this contract and the ability of such needed ervices for a fair and reasonable price, I . provider to perform the need s p 4 SECTIOj�111, That this ordinance shall become effective immediately upon its passage and approval 1 24 I 2.5 A0 32x10 � tY S i�r` "\ r .�'♦ '. a r. ,YIT , i J a i � `v �, � ,,� 1 : � :�:' r' xl.• 1 1, a �� r • I JS . 4 1 •e 4 I 1 'f� ' , 1 �.0 .1 1 1 •' u I • 1 I 1 1 I e ' r PASSED AND APPROVED this the day of ' 1998. •i JACK MILLER, MAYOR I ATTEST JENNIFER WALTERS, CITY SECRETARY 1 � � APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY 10-29-97.REY 5; I . I vt I I 1 Jr 1 r� 1 10 32x ❑ v t, t y 1 . r J N i n 1 ♦, ry ^l 1 s I r I uLtaft 4i 0"W" . t A J i Aa�ndi No Apen�a item•�'�,�__�_. Dats_ — i AGENDA INFORMATION SHEET h J AGENDA HATE: April 7, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance—Purchasing to Ray Welh 349-7108 ACM: Kathy DuBose, 349.8228 s SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE PURCHASE OF A POWER TRANSFORMER IN THE AMOUNT OF $445,939.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2183 — POWER TRANSFORMER IN THE AMOUNT OF $445,939,00 AWARDED TO WAUKESHA ELECTRIC). 1 BACKGROUND Tabulation Sheet F,STMIATED SCHEDULE OF PROJECT The transformer will be delivered to the substation pad 42-44 weeks from receipt of an order, (Approximately February 10, 1999). PRIOR ACTIONIREVIEW(CounclL Boards Commissions) Duplexing of the Arco Substation, which involves the new power transformer, was approved in the utility budget for 1998 as a capital improvement project. This bid recommendation will be considered by the Public Utility Board at their April 6, 1998 i . meeting. t k FISCAL INFORMATION This purchase will be made from 1998 Capital Improvement Project Bond Funds for the duplexing of Arco Substation; account #612.132.3620-9217-CARC201A; CUP Project • number 99.1032-02. 0 A i 25x10 32XIO � , i + it it It • ( r r + 1 � I � 1 r + rr n 4 I T1R1�1li - r .li . r iN t��i oa.+a a.n..Ma r... ...w.C�u wi+.ww.r..a+u,m�r ,r.........��s ,is y r� r±� .Y>`f.,�.�: ..a..ivayvdlr•�wwd� r.{� in ° " v +r,' i AGENDA INFORMATION SHEET APRIL 7, 1998 PAGE 2 OF 2 �. ` ' ; Y i BID INFORMATION AT This bid is for the purchase of a 3-phase Polder Transformer which will be used in duplexing of the Arco Substation. The growth in the southeast area of Denton has I r strained the capabilities of the Arco Substation as it is currently configured. By adding another 3-phase power tamformer, the substation will oiler,to more efficiently and allow w€ for additional growth. The service area of this substation covers North to Mingo Road, South to Mayhill, and West to the Service Center. This includes the service ar ea r associated with the United Copper facility. y rr Bids were sent to thirty-one suppliers and responses were received from eight suppliers We are recommending award to the lowest bidder meeting specifications, Waukesha EIectric Systems,in the amount of$445,939,09 Respectfully submitted: f i i s Name: Tom Shaw,C.P.M., 349.7100 I Title: Purchasing Agent Attachment H1: Tabulation Sheet 1011,ACENDA I r E'. i 2 J 32 X a y� JWKO p , . i � wr Y • � 1 i ATTACHMENT 01 TABULATION SHEET BID# 2182 R,t PTT BID NAME POWER TRANSFORMER WAUKESHA DELTA PENNSYLVANIA KUHLMAN N.AMERICAN TEMPLE POWER ELECTRIC STAR TRANS ELECTRIC TRANS. INC TRANSFORMER DATE 12-Mar-68 TECH 1 1 POWER TRANSFORMER COMPLETE FOB DE TEXAS $454,07.00 $470.M.001 $492.611,11-00 $50,2641.00 151 T Y°J.00 SSM.M.00 $570.775.001 DELIVERY `. .+Y I" im- 0 DOC49 Jon419 DaA1 DOC40 April Coil ' ; w r: y to 32 XID. q � l • T 1 1 1 - a'1 r 1 . r . t t,. : I i r f ORDINANCE NO. ry AN ORDINANCE ACCEPTING COMPETITIVE SIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE PURCHASE OF A POWER TRANSFORMER IN THE AMOUNT OF $445,939.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2183 — POWER TRANSFORMER IN THE AMOUNT OF$445,939.00 AWARDED TO WAUKESHA ELECTRIC). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation,bid proposals and plans and specifications therein; i NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements,as described in the"Bid Invitations", "Bid Proposals"or plans and specifications on file in the Office of the City s Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID DEB CONTRACTOR A 2183 WAVKESHA ELECTRIC $443,939.00 SECTION 1I. That the acceptance and approval of the above competitive bids shall not • constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved,until such person shall comply with all requirements specified in the Notice to Bidden including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid, 4 AS 2h x 10 32XI0 1 I ) Y , 1 1 i 1 1 11 • Y i ♦1 1 � t P .,.-...dl.,. r.. � _R..... 1 i i 1 SECTION III• That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein,provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards,quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein,the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bide and authorized contracts executed pursuant thereto. SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1998 JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS,CITY SECRETARY , BY: 11' � APPROVED AS TO LEGAL FORM: ' • HERBERT L. PROUTY,CITY ATTORNEY I i I BY: c 2183 courwAcT oaorNArtce 1 5 Ira 75 x � 32'do VS r4k� A� S 1 } 1 1 -IINII63>a r 1 1 1 � r. . .�,Ai.+.Y31M'i4"k58GF^..1DJ�.4"�'�W�iii "M'81k'�.'Chi'K'"NRuMC4i,v.+...�+1.,� ''r f.tn.w. ,� K.«.«:.-.�...✓.+w::.....r...,wwra: � "i i DRAFT PUBLIC UTILITIES BOARD MINUTES MARCH 16, 1999 try AGENDA ITEM: S CONSIDER AND APPROVE AMENDMENT TO EP(ENERGY SAVE PROGRAM)SCHEDULE Sharon Mays,Director of Electric,informed the Board that an omeodo.ml would repave die requirement for the installation of 90 percent efficient gas furnaces in new residences thus removing an unnecessary burden. The Public Utilities Board voted unanimously s oted to approve amendment to EP(EnersySave Progdm) Schedule after a motion by Board Member Did Norton and second by Board Member Cbarirkan Newell. r- t ' t , 4 1 I 12 'I 1 � ? `'`' 2 5 k10 3 2 x I d I t • L• f 1 t I 0 V f I. ;1 I s •� r 11 ti • a :1 Y. I' . .. . . . . . .. ., _ ':.:o.1r'w,:re.i:.c La cax 1.wk.r ;. . .. ...i.r:,:..wn:..wn+il/w�a.Q�.r`.w•., � ...ax I. � l Apends Ho. Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1999 Questions concerning this acquisition may be directed q Y DEPARTMENT: Finance—Purchasing to Alex Pettit 349.8562, ? ACM: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE i DATE. (LEASE # 2045 TO IBM CORPORATION IN THE AMOUNT OF $367,354.42). BACKGROUND On April 15, 1997 the City Council approved a master lease with IBM Corporation for the equipment necessary to implement this phase of the Long Term Information Services Plan, This lease is a 36 month lease agreement for equipment supplied by NTCS, Inc., a State of Texas General Services Commission Qualified Information Services Vendor 3 (QISV). Originally, we acquired 358 pc's, monitors and related peripheral equipment. This change order number 1 presented for consideration includes: • Add-en lease#I A 6 PC's,6 monitors and one laptop for the Police Department- annual cost of$6,286.42. • Lease 02 6 PC's,6 monitors and 3 laptop for the General Government-annual cost of$11,223.00. • Lease#3 " 27 PC's, 27 monitors,4 laptop and 7 laptop docking stations for the Information Services • training facility•annual coat$27,303.00. a Lease#4 30 PC's, 30 monitors for the Utility Department i • annual cost$23,610,00. 1 Total Annual Cost $68,422.42 t • * Amount includes a two month lease prior to annual pricing agreement (one time j O • payment) $7,2S0.01). u Total$75,672.42 4,a I r ..._ter .. . ? 5 x ❑ 32x10 , e ' 1 l ry fry l L i 1 i r.:,' .^� Al.1M F-r. fir,Y{P'4r�I(-l.ril 1 S.j"':! x y1 lH:i. F: !- Mira;. ..s. ♦.r.n a l.Mnlrn .n.Y � ♦M-..r r AGENDA INFORMATION SHEET APRIL 7, 1998 PAGE 2 OF 3 BACKGROY)ND(CON'INUEDI The first annual payment for the four additional lease revisions totals$68,422,42. The 36 month total, including finance charges, is 5203,267.26. The additional requirements are application of the hi tech electronic communications stem. due primarily to increased appl high Y The equipment pricing is from NTCS, Inc., from State of Texas General Services Commission pricing as previously mentioned. NTCS, Inc. will sell the equipment to IBM and they, in turn, lease the equipment to the City of Denton. ESTIALATED SCHEDULE OF PROJECT This equipment is currently in stock and available ror 2.3 day delivery with completed installation in 10.14 days. ' a i PRIdR ACTION EV1EW(CCuacil,Boards,Commisslous) On March 6, 1997 the Information Services Advisory Board considered and approved e three year master lease agreement with IBM Corporation for PC's, Monitors, Notebooks j and Docking Stations to implement the City of Denton's Long Range Technology Plan. I J The Public Utility Board had approved the proposal at a previous meeting. f City Council approved the master lease on April 13, 1997 in the annual amount of 5298,932.00, FISCAL INFORKATTOIY ry • Funding for the increased annual payment is available in the Tech plan budget account number 468-044-COMP-9847-9103. i CONTRACT CI ANGE OILDER INFORMATION 1 This change order number one includes four add on agreements to the master lease. The additional equipment includes 69 PC's of various configurations, 69 monitors, 8 laptop P • PC's and 7 laptop docking stations. The agreement is for 36 months divided into 3 annual payments of$68,422,42 and one one-time payment of 57,230,00. 1 2 i K � 32x � � " ;,� r, r �•' a n P ° Y 1 v�, r r r 'k� F r � Y rows J Y r , y c V , ..ra.JwMiMb:ai4 $L�.:.la.,.,aWM•ti'x4q. .�M K.MiNh a.4.._.�.fi .. :1�rJ„ti,? 1^'. ”��.Sw...�...�.r.aJ.+:r.wr...xlL � .:iap.. r r AGENDA INFORMATION SHEET APRIL 7, 1998 f ;� PAGE 3 OF 3 r p li r" Respectfully submitted. i Name: Tom Shaw,C.P.M., 349.7100 Title: Purchasing Agent r� Attachment#I: Equipment List for each of four additions;lease agreements. 1018 AUNDA E . c i S • t `YL S � r •` • ,, 3 25 Iv 32x � a 1 VIVA"$ 0 ATTACHMENT 1 1 LEASE ADD-0N QIY ANNUAL ANNUAL O BCBfPi[Qd1 901UMIRMW MAL = e IBM SYSTEMS: IBM PC $40 PENTISS ISMS memory, >} 655.00 S 3,330.00 HDD I.SOB WD CAVIAR,Windows 95 Eftmel PCI 10010 MBPS 3 MONITORS: >< 137.14 S 411.42 IBM 6546 052 W-NH IV COLOR MONITOR 3 MONITORS: = 137.00 S 411.00 IBM 6546 052 WNH 15'COLOR MONITOR 1 1AP70PSYS7EM: { 2,134.W f 2,134.00 NEC Vita 6050MX P•150 MMX, 2,108 HD, 16 MB RAM, 33.5 Integrated A fadmodem, WIndows 95, 10%CD-ROM, 1.44MB 3.6'FDD, 12.1"TFT, memory upprapa, Torpor Cun.1 affykq ate. NEC docking station 5000 Plus, ♦ RJ•11 phone Jack, (1)PCI, (1)ISA, (1)"ad e.panalon Dols,kA port rePSalkxt, (1)3.6'HO bay, SCSNI Interface, Wepraled slerao speakers wltubwoofer, key lock, (2)Vems8tys, motor•estleled dockkp, tea,Ay alarm, 3Com EVW%nk XL PCI UTP Inlerfaa card ANNUAL COST OF LEASE ADD-0N = 8,288.42 's b : Ira 32xlo ' f d C 'a 1 41 0 a r i e lr ( L, Ir 1' 1 t 'I r r tnr �( LEASE 2 ANNUAL ANNUAL l2IY DESCawnaH coar �r rare ccsr 6 POWER SYSTEMS: f 1,088.00 $ 6,528.00 C011pav DeM-Pm 2000 P233, 3.2 08 HD,32 MB RAM,256 Cacho, Whim N h a de wp MMx oonAOMS&M. 16X CD•ROM, POWER memory LVWWe, Compep Notom e t 10f 100 TX PCI UTP network Inlwlew ewd,vWw RAM upwwo wwm*upwwo k4u0ee POWER Canpeq VT01T Color Morita 3 LAPTOP SYSTEMS: i 1,583.00 >♦ 4,885.00 NEC Vera 8W MX P•150 MMX, p' '^ 2,108 HD, 16 M8 RAM.33.6 In(Wsled taxhrwdsm.WkWm 06, 10X CD4 M, 1.44M8 3.6'FDD,12.1'TFT, ' mwKNY uPBrkle,3COM Eft ft III o PCMCIA UTP hofew card, . Tar0u8 Cuo- ca 1 r#V caw. ANNUAL COST OF LEASE 2 = 11,223,00 ' I -- - 2�iYIEl 32XIO I ll w li i { i LEASE 3 ANNUAL ANNUAL QLY DESCR1PrlON COST PER UNIT TOTAL COS T 4 POWER SYSTEMS? ; 707.00 ; 3,146.00 Compaq DeskPro 2000 P233,3.208 HO, 32 MB RAM,266K Cscha, WkWows 95 in a desktop MMX cmN,, 16X CD-ROM, memory upgrade, werramt7 upgrade,video RAM upgrade, Compaq NG(OI e A 101100 TX PCI UTP lydedwe card. 4 POWER MON)TORS: ; 229.00 f 016.00 Compaq v7017', .28 dot pitch, 1280 rot 3 WDRKGROUP SYSTEMS: f 628.00 f 1681.00 IBM PC 3000L PISS MMX, 2.608 HD, 2MB video,32 M8 RAM,250K Cache, Windows 95 In a desktop conrguratlom, IBM 101100 TX PCI UTP Warlece card. A 18 WORKGROUP MULTMEDIA SYSTEMS: ; 642.00 $ 10,272.00 • IBM PC 3000L P186 MMX, ?,608 HD, 2MB vkleo,32 M8 RAM,25eK Cache, WkWowe 03, 16X CD-ROM, 16 bit ` wxxI,in a desktop oomNguration, i IBM 101100 TX PCI UTP kderfw*Card. • 3 POWER MONITORS: ; 215,00 ; 645,00 • IBM 01217',.28 dot pilch, 1280 ru 18 WORKGROUP MONITORS: ; 132.00 f 2,112.00 IBM 05216', .28 dal pitch, 1024 res 32xIo F 1 RIyt I' Yr S^ C n . i 1 N , 0 r, 1. r , z I { LEASE 3 ANNUAL AN k, OEil:BIrPLI!?r,I Cnsr tor.i�r t LAPTOP SYSTEMSr f 1,196.00 = 6,090,00 NEC Vsrsa 60%MX P•160 MMX, 2.108 HD, 19 MB RAM, 33.9 KoW&ted 1Wmodem,Ywwm 93, 10X CD•ROM, 1,41MB 3.6" FDD,12,id TFT, Kwon 16MB m6lwy L*WW., T"s Curr1 mTft ca". 7 uPTOPDOGCING STAt10N3: 8 379.00 f 2,619.00 NEC dookkV Wtbn 6000 Pb1, RJ-11 OOM is*(1)PCI,(1)ISA, (1)"od expmwm slots,fuN Pon ro*atlon, (1)3.6'HD boy, SCSI-11 hlertam,ImeWotad Who s OW$wlsubwoofer, key lode, (2)VemBaye, motor-"oWod dockkV, eecurty alarm,3Com ELho**XL PCI n UTP netwo k Wwfew card s , 2 MO COST BEFORE ANNUAL LEASE $ 7,260 00 ANNUAL COST OF LEASE 3 $ 27,303.00 LM 32xlo I • • 1 , 1 f y Ftt d tl}i y , r F . V r r F .} �• . I, t�� err•�, . LL Y r h ENl LEASE 4 `' ANNU4 �' r�reEeswrr roA""_�u= I 30 WORKOROU MATIAlMOASYSIEMS: f 650.00 >} 19.600.00 IBM PC 30001 PM MMx, 2.608 MO, 2Mfl vld/o,32 MB RAM,266K C40*, r Wh bo"0.W CD4 M, 16 bM wmd,h1 dNktop oorAlpurltlon, IBM 1 d 100 TX PO M n6h%uk h erfaa Md."60lp"M tr 30 WORKOROUPA40MTORS: 1 131,00 { 4,110.00 r IBM 05216',.28 dot pkh.1024 LL '� FiN I { f ANNUAL COST OF LEASE 4 _ 23,610.00 `4,5 b . a ..I __ X14 I S Sr•.j� '1� 10 F' ' tl l, ' Frt��F 3 fw „ � � �4 k. T 1 t' A gt 14 , S iu J • 7r r i F i d TOTAL PC CHANGE ORDER COSTS ANNEAL C06T OF LEASE ADD-ON $ 6,286.42 ANNUAL COST OF LEASE 2 $ 11,223.00 ANNUAL COST OF LEASE 3 $ 21,303.00 ANNUAL COST OF LEASE 4 i 23,610.00 TOTAL PC CHANGE ORDER ANNUAL. TOTALS i 68,422.42 f r TOTAL PC CHANGE ORDER ANNUAL TOTALS i 68,422.42 LEASE 3----2 MO COST BEFORE ANNUAL LEASE $ 7,260.00 • TOTAL PC CHANGE ORDER COST • NEEDING COUNCIL APPROVAL $ 76x672.42 x � U 32xI0 MRMR�jmmmmzMPjULMUMLMN&M�M%MLML!!1 A' O q� rc AN�ID T "..1...C, ORDINANCE NO, AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A LEASE ' AGREEMENT FOR PC'S, MONITORS AND PERIPHER�L EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID # 2045 TO IBM CORPORATION FOR ' 5367,354.42). WHEREAS,on 04-15-97,the City awarded a 36 Month Master Lease Agreement for PC'S, MONITORS, LAPTOP, DOCKING STATIONS AND PERIPHERAL EQUIPMENT TO IBM CORPORATION in the annual amount of$298,932,00; and WHEREAS,the City Manager having recommended to the Council that a change order be authorized to upend such lease agreement with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Govenunent Code;NOW, THEREFORE, k THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the change order increasing the amount of the lease agreement between the City and IBM Corporation copy of which is attached hereto,in the amount of SIXTY EIGHT THOUSAND FOUR HUNDRED TWENTY TWO and 42/100 Dollars (568,422.42) plus one payment of$7,250.00, Is hereby approved and the expenditure of funds therefor Is hereby authorized. The master lease annual amount is amended to read$367,354.42 plus one payment of$7,250.00, SECTION II. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST; i JENNIFER WALTERS,CITY SECRETARY i. BY: �. APPROVED AS TO LEGAL FORM; � ,� 14EBERT L. PROUTY, CITY ATTORNEY 0 BY: 204!CHANGE ORDER.ORDINANCE 10 , 75 � El 32x � � • .a I 1 I IT IT I O • � � f } t i Apcndr No. ' Agends Item Date AGENDA INFORMATION SHEET " AGENDA DATE: April 7, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance—Purchasing to Alex Pettit 349.8562 ACM: Kathy DuBose,349-8228 kk E SUIB,IE�T AN ORDINANCE AWARDINO A CONTRACT FOR THE PURCHASE OF A FILE ' SERVER, CONTROLLER, HARD DRIVE, ROUTER AND PERIPHERALS INCLUDING MAINTENANCE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, STATE OF TEXAS QUALIFIED INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 0 83725 — NTCS, INC. IN THE AMOUNT OF S36,766.00). BACKGROUND ` This equipment is required for the installation of Border Manager Software. This software will allow Internet access to the City of Denton Network while providing security and limited access to internal information by those outside the City. I ESTIMATED SCHEDULE OF PROJECT Eglilpment delivery Is scheduled for 2 weeks after receipt of an order, with installation complete by May I, 1998. i i + PR[OR ACTION/REVIEW(Council, Boards.Commiasloasr information Services staff has designed and selected this software and hardware combination, J . 4 FISCAL INFORMATION • Funds for this acquisition are available in 1997/98 budget fund account k 468.044- p COMP-9847.9103. l - 10 32XIO .r. h :• w 1 �r. � fart r . '1, , 1 a Ls 7.� a �,� � �.y. � .,• v 7 V t � k , a N. Cr rrr •r > 0 IC y L - � .. .r�.Aw.M3i.iCahW'.M.u.hm...✓i-f... a��' � �F { 'm y rs r r 1 � AGENDA INFORMATION SHEET APRIL 7, 1998 PAGE 2 OF 1 PURCHASE ORDER INFORMATION ` Purchase Order 83125 to NTCS, Inc. is for the purchase of equipment and software intended to allow Internet access to the City of Denton Network. The initial installation will be limited to Internet e-mail only and allow for content filtering of City documents to the outside world, i Respectfully submitted: Name, Tom Show,C.P.M.,349.7100 Titles Purchasing Agent l i Attachment #I t Purchase Order 0 8372 S •NTCS, Inc. in the amount of$16,766.00 Attachment 02: Quotation from NTCS, Inc. dated 2.27-98 Attachment 03: State of submission to the State of Texas General Servers Commission Qualified Information Services Vendor(QISV) 100 AGENDA v ( 2 25 x 10 32x113 • 4a I r. L( c I'111fl.fIA56 lNll/l:fl Nll: UJ7�4 THIS IS A na el. dg muel tlpw se an CONFIRMING DRDER H Call tt, dv, Pt ekes, eaee, ATTACk01EN'C N'' 1 OF MARKE01 Call fto:u pactkq $lpt tnd bills. DO NOT DUPLICATE Rey Na &d Na: Offer 02 25 98 Page No Ol i is "CHASING DIVIISKW 1 9001 a TEXAS sONf DMTON.$EXAS 10201-4364 VENDOR NTCB, INC. 940134 9-7 100 WW WRO 811!207-0042 IPAx 940/349-1302 NAME 3801 1-35 NORTH SUITS 116 DELIVERY CENTRAL RECEIVING 811 ADORES$ ADDRESS INFORNATION SERYICEB DIMTON TM 76107 901 B TEXAS ST STIVI NICK/DAVID JOHNSON CROTON, TM 76201 VENDOR NO. NTC49100 DELIVERY OUOTEO 02 27 96 FOS DESTINATION BUYER TS TERMS .r: 71 001 1,00 IA VENDOR CAT. S M / A MFG NAME CITY 1 96426 5,777.000 5, 777.00 COMPAQ PROLIANT 3000 PENTIUM II 300MHZ SERYIR 300NH8 PENTIUM 11 CPUs 64X8 EDO DINM RAM, SUPPORTS UP TO (2) PROCIBSORS, 1 .44NB 3.50 FLOPPY DRIVII INTEGRATED DUAL WIDE-ULTRA SCSI COMTROLLIR, (6) 1 ,6" IIOT-PLUG DRIVE BAISs 16 M 109 CD-ROM DRIYI, SNARTSTART UTILITY , INSIGHT MANAGIR, (5) PCI AND (3) BHARSD I1BA/PCI IMPANSION BLOTS ENHANCED KEYBOARD, INTEGRATED 10/100BASE TM I STHIRNIT CONTROLLIRs ECC MEMORY , (1) PARSLLEL AND (2) SERIAL PORTSs 512KO CACHE, 3 ThAR NANUFACTURIRIS WARRANTY. 002 1 .00 IA VENDOR CAT, 1 Y / A NFO MANE 10023 , 000 1s023 .00 CITY 0 96426 2ND PIMTIUM 11 300NHI PROCESSOR FOR PROLIANT 3000 SSRYIRS ADD 200 PROCESSOR TO ABOVE SERVER TO SUPPORT MORE . USERS AND PROCESSES . W P 09 TOTAL 1 7, 600.00 110011 tVSIMT1018r I forms - Nei 30 Nu 11 .h«.m ,,,nr,oI t ow Mdes MI* r/4U 0 6". A. 1ny�In Murecllent, I Of OaIMeUen pe/el4 w.+. „w«„ ,,,,,Nt Qll 1,1„I%,1111f }> 1. No IN Will er Hert ulel ue tAen k MtwNf M 001 ACC Ityt11� 110 ! McRMw h 11 In Mkr1InN uc Division r, �. � 3ZXQ t+�I r ^ �• �r v r • ':fir, 0 y�. r . waL1aIA1 r C v .Pr,a a •,,r' .r I PURCHASE ORDER NO: 83125 THIS 1S Tma nwrobor meal appear on an CONFIRMING ORDER t nvoicaa, dfrw«V aUpa, aaaa. OF NARKED) i eft. bona, paclinp slips and bills. DO NOT DUPLICATE d. a 7 Pro No: BW No Oafr. 02 25 98 Papa No 02 CITY OF DENTON TEXAS PURCHASMaG DIVISION 1 901.6 TEXAS STREET I DENTON. TEXAS 76201-4354 9401349-7100 ONW METRO 8171267-0042 FAX 940/349-7302 VENDOR MTCS, INC. 4AME/ 3801 I-35 NORTH SUITE 126 DELIVERY CENTRAL RBCEIYI 0 811 AODRESS ADDRESS INFORMATION SERYICPS DENTON TX 76207 901 B TEXAS ST STEVE M9EK/DAVID JOHNSON DENTON, TX 76201 VENDOR N0. NTC49100 DELIVERY OUOTEO 02 27 98 FOB DESTINATION BUYER T8 TERMS 003 1.00 BA VENDOR CAT. 4 N / A Nr0 MARE 1 ,437 .000 1 , 437 ,00 CITY 1 96426 COMPAQ 128KB EDO DINE MEMORY KIT FOR PROLIANT 3000 SERVERS ADD 12810 RAM TO ABOVE. SERVER. 004 1 .00 EA VENDOR CAT. 1 M / A NFG NAME 668.000 668400 CITY 1 96426 COMPAQ 64KB 900 DIMN MEMORY KIT FOR PROLIANT 3000 SERVERS ADD 64N8 RAN TO ABOVE BEAVER. 005 1 .00 EA VENDOR CAT. 1 M / A MFO NAME 2, 747.000 2, 747.00 CITY 11 96426 COMPAQ ONART-20H ARRAY CONTROLLER-32 BIT PCI CONTROLLER, (2) ULTA-WIDE SCSI CHAMNF.LS SUPPORTS UP TO (14) DRIVES, INCLUDES 16N0 BATTERY-BACKED CACHE FOR INCREASED WRITE PERFORMANCE AND DATA PROTECTION! OK-LIME CAPACITY P .01 TOTAL s 4,852.00 VIN61M N8Y19tKf" 1. ?arm - Nil 14 Will .e«.., .,..n.e I. W w0 bM11M widt /yINM4 my. 4. W"" Imracs{mt FOE, Oallrullan Mg a1 &.Akio .+...,wwal 2 610 w tWlll F f !G Na 1148141 ar staff Wei Ma "I If kx 4 }H L yl�yr IL M Mkff blMl c a ' Oanlafl, 1 11111.1!13 �, 2F) K � C� 32x, 1 ❑ :JA•fNl� ^�1 .LL r!. v: 71@Rdnf/ _ 1 a e ,J i PURCHASE ORDER W. U3125 THIS 15 A 1hU mmbe, mil fppou an NI CON THIS 15 ORDER nvol. t fs. pw sips, ctsa (IF MARKED) I cu+s. IA.a, P0M1n9 Np1 tnQ blue DO NOT DUPLICATE JJJ Req NcK I Bb No ONt: 02 25 98 Page No. 03 r i; PURCHASNIO O1VtC W 1 901 a TEXAS sONf TEXAS TEXAS 76901-4354 9401349-7100 DOW ANETRO 8171267-0042 FAX 9 40134 9-7 307 . JENOOR NTCB, INC. VANE/ 3801 1-35 NORTH BUITE 176 DELIVERY CENTRAL RECEIVING all ADDRESS ADDRESS INFORMATION SERVICES DENTON TM 76207 901 8 TEXAS ST STEVE NBBK/DAVID JOHNSON DENTON , TM 76201 VENDOR NO. UTC49100 DELIVERY OUCTED 02 77 96 FOB DESTINATION SLIVER T8 T±ERMS Im MUM= 1' EMPAM8IOM, ALRAY CONFIGURATION UTILITY. 006 4.00 BA VENDOR CAT, I N / A MFG MARE 963 .000 3 , 852.00 CITY 1 96426 COMPAQ 4 . 30E ULTA-VIDE SCSI HARD DRIVE-UBBD IN RAID 5 CONFIGURATION ON ABOVE SERVERI 1308 USABLEDISM SPACE. 007 1.00 EA YBMDOR CAT , # N / A MPG MANE 61206400 6, 208.00 CITY 1 96246 CISCO 3640 4 SLOT NODULAR ROUTER- NODULAR ROUTER SUPPORTS ^ " ISDN SRI AND PR1 , ANALOG AND DIOITAL DIAL-UP, AND 8201AL CONNECTIVITY UP TO TI/Elf 4NB FLASH RAM AND 16NB DRAM STANDARD. 008 2.00 BA VENDOR CAT. 1 N / A N►O NAME 2467 .000 51734.00 CITY 1 96248 CISCO 3600 SERIES 1 PONT FAST ETRBRNET MODULE-ADD PAST P 0E TOTAL 1 15, 794.00 E N .. . .. ........-_......... VIA00A MJYTMR1NNtt 1. Tumf • Net IO ur.. .n.. *40P 1. 1W MIIW "ce IV A 40*4 to. 1. 1n'pM0 Infafc11M1 101 DNtmm4n Mewl fwu .".m w,*wl 1 sill b . t#" Fs7ANt w 1. Ne IeN11I It 1100 IAN Yf 1011 N InclYlel 1'1 1. 1 M MkN 14NO mcpmswq Division 1lrnlell 11 71191.1111 � E) 32X � Q 1AI S I %JlIeM S 4 r � I 7.y _ r 1 H? f T✓ i I Z i 9 '� i n t PURCHASE ORDER NO: U 3 7 2 5 THIS IS A -` 1 This number must appear on ell CONFIRMING ORDER cwo.. bO IS. FaT kV testes,6 an IIF MARKED} cling.. boau. Oeclltl NWe and b1t DO NOT DUPLICATE Rea Na BId Nm - Dots-. 02 25 98 pop No,' 04 CITY OF DENTON TEXAS PtJRCHASNG WStON 1 901-0 TEXAS STREE} 1 DENTOR TEXAS 76201-4354 9400349-7100 D/PW METRO 8171267-0042 FAX 9401349.7302 VENDOR Ili INC. NAMEI 3601 I-35 NORTH SUITE 126 DELIVERY CENTRAL RECEIVING 811 ADDRESS ADDRESS IMFORNATION SERVICES DENTON TX 76207 901 B TEXAS ST STEVE MEEK/DAVID JOHNSON DENTONe TX 76201 VENDOR NO. NTC49100 DELIVERY OWTEO 02 27 98 FOB DESTINATION BUYER TS TERMS ETHERNET 100BASE TX CONNECTIVITY TO ABOVE ROUTER# ONE FOR BACKBONE COXMECTION# ONE TO CONNECT TO 17 BORDER MANAGER SERVER 009 1 .00 EA VENDOR CAT. N N / A MPO NAME 966.000 966. 00 i CITY 1 96248 CISCO 3600 SERIES 32NO DRAM MEMORY UPORADE-UPORADE ABOVE AUUTER TO 32NO DRAM. 010 1400 EA VENDOR CAT. N K / A MPO MANE 681.000 661.00 CITY N 96248 ' • CISCO 3600 SERIES SHE SLANK FLASHRAM-FLASH RAN FOR ABOVE ROUTER. 011 1 .00 EA VENDOR CAT. N N / A MPG NAME 390.000 390.00 CITY N 96248 ` CISCO 108 IP/1PX SOFTWARE FEATURE PACK-SOFTWARE FEATURE P ON TOT7t. s 21037 .00 m , hN00A 1101 .. 2. Terms • Net 10 (vw....„«.1 y.. . l 1 Serf 411N14 f esiA fMlHl/ W1• 1. IM 1ntuKli"L 101, DeltbrlNn pe 1 ! Nrll M r ke�4m P4164 I L (M 184 1 M st## Wei wit ow M ine 0 9111, "Nov It it U P1411 11111611 a vs 4ten N 11211.4101 - - -- - ? 0 32x1 ❑ i r 1 + 0 . r 1 i } AMC" • I tt 1 • 1, E y r' r r PURCHASE ORDER NO: 83725 THIS IS A —TWO rxxnbor muse epper ar en CDffIRMINO OROEH invoices, dollvel slips, enu• OF MARKE01 clns, boxes, psckN slips vA bins. DO NOT DUPLICATE v � Pe4 Na: &d Na note: 02 25 98 Pope No 05 CN 10 b DENTON NPURCHASO DIVISION } I OC (OR TEXAS 76201-4 354 VENDOR KTC80 INC. 6401349-7100 DOW IAItRO 817267-0042 AX 9401349-7302 NAME! 3601 I-35 NORTH SUITE 126 DELIVERY CENTRAL RECEIVING S11 ADDRESS ADDRESS INFORMATION SERVICES DENTON TX 76207 901 8 TEXAS ST STEVE MEEK/DAVID JOHNSON DENTON , TX 76201 VENDOR NO. NTC49100 DELIVERY QUOTED 02 27 98 108 DESTINATION 8UYER T9 TERMS PACK FOR ABOVE ROUTER. : i 012 1 .00 EA VENDOR CAT, 1 M / A NFO MANN 10236.000 1 ,236000 CITY 1 96248 CISCO SNARTNET MAINTENANCE FOR 3600 SERIES-1 TR NAINT. 013 1.00 EA VENDOR CAT, 1 X / A NFO MANS 250. 000 250. 00 CITY 1 96249 CISCO 3640 REDUNDANT POWER SUPPLY-REDUNDANT POWER SUPPLY FOR ABOVE ROUTER, Iry 014 2,00 NA VENDOR CATi 1 N / A KFO MAKE 25.000 50.00 CITY 1 96248 CISCO 11OV US POWER CORD-POWER CORD FOR ABOVE ROUTER, 015 2 .00 NA VENDOR CAT. / N / A KF0 MAKE 250.000 500 .00 CITY 1 96248 I s CISCO 4000 SERIES REDUNDANT POWER SUPPLY-REDUNDANT POWER SUPPLIES FOR 4000 LIBRARY ROUTER AND 4700 • VLAX ROUTER, J P 01 TOTAL t 20036.00 VINOOA FIS iiI",M4R 1 terms Mel 10 Bo.b.. .nunu n-a.n I. isel bgfo "Ito tvltN 6*igo esF1• 4 Sh"Wiil Instrverienu 101 Dsumsusn sroPt0 "Is'r .nw... .0..a 0i 1 Bill b + Aahub P804 1 No lekrsl sr two soles rs sw N ocM 111 L pence ITkM K NN 41!! Boon I �1I - - 2 ") 32 x [ . rt � I f� `f"''•yA I�s a Al• ! r t i ° a '4 f J"� A'� � I e Y• I w 1 i x� C 1' 4M1 r i. i `� ° Il � 'v �' 1 Q 1� �t 1p+ u ' x'11♦ l r r. i... , i r� r 1 , ;4�i "+ I ,y PURCHASE ORDER W. 63725 J^ THIS IS A TMs nunbsr must wp" on IN CON THIS IS ORDER Invokes, dslb«Y slips, Cass, OF MING OR CUN., bores, 11 Nips «d bills, DO NOT DUPLICATE �4 Na ew Na Dmac 02 25 95 Pips No. 06 CITY OF DENTON TEXAS PIXICH+ISNO ONISION 1 901-e TEXAS ETAEEI I OENTOH TEXAS 76201-4354 9401349-7100 D(FvV LwAO e1712$7-0042 PAX 9401349-7302 VENDOR NTCSO INC. NAME/ 3801 1-35 MONTH BUITI 126 DELIVERY CENTRAL RECEIVING all ADDRESS DIATOM 2 ADM $$ INFORMATION SERVICES " TX 7690? 901 a TEXAS ST STEVE NeEK/DAVID JOHNSON DINTONO TX 76201 VENDOR NO. MTC49100 DELIVERY OWTED 02 27 98 FOB 0SITINATION BUYER TO TERMS 016 2.00 EA VINDOR CA'd. 1 M / A XFO MANE CITY 1 96248 25. 000 50.00 CISCO 1:LOV US POWER CORD-POWER CORD FOR ABOVE POWER 6UPPLIIS 017 1.00 NA VENDOR CA't. 1 M / A NFO MANE CITY 1 96248 4097.000 4,397 , 00 CISCO 3600 ORRIN$ 4 PART SERIAL MOGUL. 1MD XINCHROMOLR/A SYNCHRONOUS CONNECTIVITY TO ABOVE ROU?aR CAN SUPPORT UP TO TWO MAPS BINULTONIOUS TNOROUGH PUT ON EACH PART. I'.; . P 0E TOTAL f 41447.00 m 4 OR MD TOTAL 1 36, 766, 00 68 044 COMP 4B4T 9103 1 36. 766.00 nNOa6 INSiRIX �.w............. 1. T«rIf • Nst 1. lea l k In01" WiA to" Mnrresum !' L Ns Isf«d st NMC wl ui sw N Incblsl '+ tit K 1SIN1 � M ►rKe1 111N1 7. � � 32xlo R r P4� 4 i•r r. 1 4 rt 4t � �`r r I " n Yw i 'e9biI1N �.� •a'� f4, * i tY 1' q � + YF e r a t 4 i •' ATTACWNT N 2 r� c�k,►oraw,ro a/IadP�rA/�r/ Ab�hr ��� � •�I+eD rw+r>»are AMI Ye Ial" r 4 w no"rmi6e 0 cm No no DW MK eypm+a y+e RI peeeelme 1.Imi 1!'armor tua IMrM11 arl VllrNalle,ICam maneeAm, Lf la+,y a+I�t�l��y�,+w e�ear s,..,�nr+wl ury,wryr►+.+o■: a,lo�a�wiic+w+m ,�+wa�P)amelr�arw e�a+a, a2►m oeaae,I r:m A+reweaaeve 5nlea,mly , , *d abwaH Ml" aaewrrarlVNJeeHrllAnme atlm ntaq AAr id aweener,e row ewm r mDOm,mme a.me w'aeeare MG MANMMr JIM srrnuwowwFM§ MAV firer Aal+D1 A MM 1e Am ww + w.r+��rl�+fooawalw..ral�.wr�.rl �.u.w awe am **I"A MM to rem ww t�ea�q�aar►>OtlAwa6eleaar ara OUR 22 M+a eenlrrr,p4 awYADa Dal efinli nypor+a y b tu)raaee,Ineuew ItaM Illrpledmr orr tar Yreeeer eAe er+rars bw dal pe+eelaa4 mile eMeeMT ngadml a�A'Cearlaludml eIDIT I anraw m MOB, �e m o ww+la VNM Ad lrlee rIQ AM DdID11Ir1AMAOM DMVBI MAL won Womm ALL ` rearm oft eypara mDbwPAL WAN w"M&k%weo,aa alm�Y M 111a11:6aD hula MAf aaer 1M d1AY atsdarr 4 J ftw ow sworn I NA IMf lMreel MlM stow ant eir fut ElimlaM IMMTX Won* T IS clew iaar•eM fm left" maMe re w a/eeaeuet r DerrrMmmapl ww I w atfl aMreee 1 AM DeaIaNMA/e "BIN Aw Mo" dwa IM 00 r.rw aalaAe mn.gper+w r + Deee llN Dellee lull OAAAl wry wpo* SDTI an +A�eee rw.aeerr a IsAD OIpVI! I CiYfYl/bMr111/Mel11WI11Y IDN 60 our Ax Mw.P%sw I r 1 Oru I01 a111R aleMe atirn Ilar sm ow eOAaYr AIMaN rla Y rpv leaaam ' � 5 +ieY lllemMlllrrreraeeIle lM a1mM psy Ham/ I Tw naYlaelwla 1 t7rMIr1r11e6MalMFltiMQryI► /w sdlealry aal,aer nDa,M M rem amarr 1 alaM111/AAmaledaeballlrerly pM Maeerlt lawW"*fer urea w ww An a I OMPOWWAMMOW d" pl ow {� Imem qN M rM AtaAl► Y Cima�_Tow TM I 4 WM A ,ler a'hmeae a/awnaea w M/q w w o"W*""ftgw A 11 9 7 x 10 32xIo ( t 1 ' E , v � r iE 1 T a � r 1 r x� n \u' i � I v•i 1 �r t 1 `r � r i 1 I E I" iy11" y iA r I 0 ) �I f•; -atwrRts 1 ' t 1 tlBf s 1. +'a .a li r♦ I,r I > I , 1 y=} � ATTACHMNT ► 3 tfj7' r�F If a I. t 38011-33 Norlh, Sul?* 171 k t DenlM TsXoi11707 940.381.0177 McTRO ►1.431 7/3S Pebrtiwy8, 19" FAX ►10.383.1357 ;r Tam Show . A Chy of Dmcoa 901 B Tent . . Denson)TX 76MI j Dar Mr.Shm I 1 Per mr oonverudon thlo oken3000,I om Wmini dib Lena to inform you tha the irmn On the fol m6g POPOW hove boo submitted w our CenoW kmkn Commistf0x Sate of Femme; lrJ nxatfos Serv" Vender(Q1SYJ Crrt4q. Our vendor cor ifiralim Number Is 1.75-145.7404.100. i If you hove any 4aesfoeF+place dO na beatae to ca. ` cu—e1 �j • 1 I n; ^o k` ►3o W.rig 31rN1 3u8e sot Fart wottlt.faor 11109 erFa33,1330 FAX 8 V,S3l.1330 10 r. • 7 •f n�, ,' F ;A O , 4 • r 11 r. . +v.1AY rMrkl f M.r� r r'rY r1 _:�n.. YL JW✓M`.rtAWY''/rhFNMtY Nor".....w' r _� AI r t ORDINANCE NO, " AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A FILE SERVER y" " CONTROLLER, HARD DRIVE,ROUTER AND PERIPHERALS INCLUDING MAINTENANCE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, STATE 7 OF TEXAS QUALIFIED INFORMATION SERVICES VENDOR(QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER q 83715—NTCS, INC, IN THE AMOUNT OF$36,766.00). . . ; WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary 3 materials, equipment,supplies or services in accordance with the procedures of state law on behalf F of the City of Denton; and s WHEREAS, the City Manager or a designated employee has reviewed and recommended } , that the herein described materials, equipment, supplies or services can be purchased by the City sx; through the General Services Commission programs at less cost than the City would expend if y. bidding these items individually; and F ; i WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment, supplies or services approved and accepted j herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orden" attached hereto, are 'r hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE r ORDEB VENDO AM4LW- 83725 NTCS,INC. $36,766.00 i i. SECTION II. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders,the City accepts the offer of the persons submitting the bids to the �. General Services Commission for such items and agrees to purchase the materials, equipment, r supp!ies or services in accordance with the terms,conditions, specifications, standards,quantities C O and for the specified sums contained in the bid documents and related documents filed with the General Services Commission,and the purchase orders issued by the City. f r r., " 32 X I O ° i r r r XNy ^ i r(r } r dt :4 t uH . F.. AGENDA INFORMATION SHEET APRIL 7, 1998 ' PAGE 2OF2 5ECTIO That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the I City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto;provided that the written contract is in accordance with the terms,conditions, specifications r and standards contained in the Proposal submitted to the General Services Commission,quantities and specified sums contained in the City's purchase orders,and related documents heroin approved and accepted. SECI ON IV, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders,the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authori zed herein. SECTION V. That this ordinance shall become effective immediately upon its passage and s. approval. 'i PASSED AND APPROVED this day of • 1998. JACK MILLER MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY t BY' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY is r � p BY: 03775 PO STATE ORDINANCE ( T 12 �, - 7 f ,, , _, f ) k7L y � 1tit y� rah }^e T � �" r c ��.tir � niti 14� Pf♦Yy � � r • I S ..1 z y � , r f` u e.v.wJV AiMNV'WYUwa W,♦.MWJ. ..#n ] ! k I Y ,.�' ».Y4uMnHMw�M� r -�af.e. � ' �-.-(...�wv+ ApCnCo kd. A enda Item 4 d/1 � Date AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance—Purchasing to Ray Wells 349-7108 ACM: Kathy DuBose, 349.8228 f i. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A b CONTRACT FOR THE PURCHASE OF ORNAMENTAL STREET LIGHT POLES AND FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.(BID#2179 —ORNAMENTAL STREET LIGHT POLES IN THE AMOUNT OF $57,090.00 AWARDED TO FRED r4 OBERLENDER AND ASSOCIATES). ♦4 Y BACKGROUN ,.f Tabulation Sheet '. FSTIHATED SCHEDULE OF PROJECT Delivery is slated for eight weeks from receipt of a purchase order. PRIOR ACTION/REVIEW(Council,Boards.Commisslonsl The type and style of pole and fixture was determined by the developer of the new housing addition known as "The Hills of Argyle". The Electric Utility Department is to furnish street lighting as part of the agreement to be the service provider. 0 FISCAL INFORMATION I A} Fund,, for this acquisition are available in 1997-98 budget account number 610-103- 1031.3730-9226-CO22301A. t O • jt4 ;.; �5 K � � 32x 10 Wig�M��AMAMI]LMLIMMam ,..,.tIr •'+ v;. r r a� , fir,X i".liI . ivy ";Y4Frrl ',vi Sr' �� 1F ailti`4� k2 Ir1d �1. t y qR t 1 , R• I.<'A `y r, , `k�'t +: s y t r b ,R r :. n ' r Td'' r 9Rf, t , r�. r r>i j` [,77 r .A I J'.a 'kd tlf tt 1 1;�, k fyl n" r � 1 , � fl v ''r r fiv , �•. n � 4 i � I r � 5.1. ^ i � :5;�,�, � r t�: � ,' S I r, T, r 1: A 4:,• ,_�. . M11110M 1 I. 1• + 9 , r j5 J OT i5 1 r r• ti .�R . x� ,I I J 1 r.d ' � , { n, .•.I u k �, t 1 P +1 � n+1 i t.. v 1 L S t1-�r " ° r � � r " � In r I i n r✓�. S r ' «:.w .,ww.4wwwsww.+...�rnn+....w,., _ .�-. : s -1. � "t ?.t. .E.«,.. -....rrw«w.u+.+k.v.www.•rw.e�rr�..w...«w .� � S�.n 'N i I . 4 1 ° 71 tt s� . I 1 er i Q i 1 r a I�; AGENDA INFORMATION SHEET APRIL 7, Ma PAGE20172 BID INFORMATION t a This bid is for the purchase of 30 street light poles, 30 acorn type fixtures and 12 bollards ' (short poles designed to limit access to an aces}. The bollards will be placed to protect f the ornamental poles from traffic, etc. These poles and fixtures will be installed at the I. "Hills of Argyle"housing addition. i l We are recommending award to the lowest bidder, Fred Oberlender and Ac3ociates, in 'p the amount of$57,090,00. r.r :r4V. Respectfully submitted: r I I \/ I Name: Tom Shaw, C.P.M.,349.7100 Titles Purchasing Agent I Attachment#I: Tabulation Sheet 1020AG EN DA qhWJ r �r I , 2 , 25 x 10 32X ❑ I ,gMOi'r 0., � � rR �4 'ry It �a Y .Y. I q ATrACHMIENT 81 TABULATION SHEET I x I BID/ 2471 BID NAME ORNAMENTAL STREET LIGHT POLES, `f I WESCO CUMMINS PRIESTER PREFERRED PRIESTER FIXTURE SAND BOLLARDS DIST. QTLY SUPPLY SALES SUPPLY AOCY DATE 12i1sr8/ ti 4 yk4 a nf', 1 24 EA STREET LIGHT POLES,IQ FOR ACORN TYPE FIXTURE OR IS FT FOR ARM TYPE FUtTURES 111 11.00 EA 8717.00 EA 11111.00 EA H 301.00 SA 8900.00 EA 2 /EA STREET LN1HT POLES S F00T 1 111 114.00 EA 8713,00 EA 11111.00 EA 8392.90 EA $1.00.00 EA 3 30 EA FIXTURES ACORN TYPE)OR `s t TEAR DROP STYLE FOR ARM MOUNTING WITH ARM 11503.00 EA 1411.00 EA 813100 $590.00 EA NB 4 12 EA BOLLARDS PER 1k +�k;rxfi e SPECIFICATIONS 8800.00 EA NB NB NB NB DELIVERY x 8.10 WKS 80 DAYS 70 DAYS APO 90 DAYS v z P TOTAL $81,074.00 134,856,00 $36,8911.00 161,21"11.00 $21,600.00 r1" I�'tt�i<s0i< ALL OR NONE Tr- Fred Obor{andor L Assoc and Waco Dist.are the only two bidden to bid all hams so raquested and per spaohkstlona. 32 x � � . i '71CSetlra .{,. ,t,ti y t q i ORDINANCE N0. I W i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ORNAMENTAL STREET LIGHT POLES AND FIXTURES;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 1179 — ORNAMENTAL STREET LIGHT POLES IN THE AMOUNT OF $57,090.00 AWARDED TO FRED OBERLENDER AND ASSOCIATES). WHEREAS,the City has solicited,received and tabulated competitive bids for the purchase of necessary materials,equipment,supplies or services in accordance with the procedures of STATE law and City ordinances;and WHEREAS, the City Manager or a designated employee has reviewed and recommended t that the herein described bids are the lowest responsible bids for the materials,equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS,the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment,supplies,or services,shown in the"Bid Proposals" attached hereto,are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM DEB AQ- VE AMQrd`TT 209 ALL FRED OBEF.LENDER AND ASSOCIATES $57,090.00 SECTION II. That by the acceptance and approval of the abov:• numbered items of the submitted bids, the City accepts the offer of the persons submitting the bi9s for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards,quantities and for the specified sums contained in the Bi' Invitations,Bid Proposals, And related documents. 1 SECTION Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the • acceptance,approval, and awarding of the bids,the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto;provided that the written contract is in accordance with the terms,conditions,specifications,standards,quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 4 ` ARE• ' r fib F4 4 1 'Y fi 9 �,' , ,r r ,t 1 � t • .� r . , f b' , A D�', V r t r � . s y y ; , �,7�h �' I�R aF t � r�r� �r� i r)vr�.�'tr ys 14 , r , ,� K Ff � • �V I 1 1± 1 t1 7 t i F a., , +riT •, . Ar � .d. e •, r a q � .� .f c _ ......vNrFl.alwtih�b dRi vM YrlfjLti3Ytrk>w+r.e , .«._ SECTION N. That by the acceptance and approval of the above numbered items of the submitted bids,the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as y authorized herein. ; SECTION V. That this ordinance shall become effective immediately upon its passage and approval. J � 11 ri F PASSED AND APPROVED this day of 1998. I t JACK MILLER MAYOR 1 � ATTEST: a JENNIFER WALTERS.CITY SECRETARY .' BY. APPROVED AS TO LEGAL FORM: n HERBERT L. PROUTY,CITY ATTORNEY BY: 2179-SUPPLY.ORDINANCE. 1" 1 a id J� t i A{ , 5 s, 2� x 10 32x1 ❑ 15 f t, w t d I I �r 1 1 , '. .t. , Iv+'SE , 1 1 r l , u i ! r , V� 115� I i^i t F +1 '' ✓. 5 ' "'� j!�jILti�IV f ,d, SSw •r P . Ip •1. 1 f ' �' � I 14 l�gl 4 1 Tt s i S ql l a 0 1 t: I :1 t �. I .++a,liiwia3auA�7�Larm�WSY'�ic�.a ,✓ .w b.�.«„ t c �14 ."-..r.�,c.. �.�. r. � .....awwaaw.nw.� ww.w�.+. � .�ai.....,� �+ Agenda ke. 9 ' Agenda Item' ! I It s Date 's I AGENDA INFORMATION SHEET ` AGENDA DATE: April 7, 1998 1 y DEPARTMENT: Electric Utility ACM: lioward Martin,Assistant City Manager/Utilities ' SUB E l , AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES IAe CONTAINED IN ORDINANCE NO. 97-236;AMENDING ORDINANCE NO. 9F-046 WHICH CREATED AN ENERGYSAVE PROGRAM SCHEDULE(EP),FOR THE PURPOSE OF DELETING ONE GUIDELINE PERTAINING TO THE $ QUALIFICATION FOR THE STRUCTURE INCENTIVE CONTAINED THEREIN; x� PROVIDING FOR A SEVERABILITY CLAUSE;PROVIDING FOR A SAVINGS CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The ordinance providing for schedule EP(EnergySave Program) was passed by the City x Council February 17, 1998. It was intended to be comparable to similar tariffs offered by our competitors. It has been discovered that competitive tariffs have been changed to eliminate the requirement for installation of 90% efficient gas furnaces when coupled T . with conventional air-conditioner/gas furnace systems. In order to meet the goal of providing competitive rates to our customers, it is necessary to remove this requirement from the Denton ordinance. 1 PRIOR ACTION It REVIEW The Public Utility Board recommended approval of the amendment to the EP rate ordinance at its meeting of March 16, 1998, FISCAL INFORMATION r w i No fiscal impact. Respectfully submitted: ! '1ar✓ �j Q� �_ 1 Sharon Mays, Director,Electric Utility 25 01 ' 32x10 r. r: r r R I' D y ] a X A riQ� r I • klF �L n ... ,X. , Y. r`I�.Jr.'nt i liaW:{M:4M1ra1;1.1'R.♦. ..w. . .. •. ..� wm.i...d.�,trXwrw•%rvlX.w T.rw�.n+ rTV�I � .ia.-. ` _F I L ORDINANCE NO. f I s r er AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN r ORDINANCE NO. 97-236; AMENDING ORDINANCE NO. 98.046 WHICH CREATED AN ;ct ENERGYSAVE PROGRAM SCHEDULE (EP), FOR THE PURPOSE OF DELETING ONE GUIDELINE PERTAINING TO THE QUALIFICATION FOR THE STRUCIURE r INCENTIVE CONTA1NriD THEREIN; PROVIDING 1 )R A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 170 day of February, 1998, the Council passed and approved Ordinance No. 98-046 which added an EnergySav: Program Schedule (EP) to the schedule of electric rates contained in Ordinance No. 97.236;and WHEREAS, the Council, in passing Ordinance No.98-046 intended that the EnergySave Program Schedule (EP)be comparable to similar tariffs offered by competing electric utilities. y City staff has learned that competitive tariffs have been recently changed to eliminate the requirement of installation of 90% efficient gas furnaces, when coupled with conventional air ) conditioning/gas furnace systems;and ?' y WHEREAS,the Council, in order to achieve its goal of providing competitive rates to the City's electric utility customers, believes that it is necessary to remove the require ment referenced in the preceding paragraph and to amend the EnergySave Program Schedule (EP) accordingly; end WHEREAS,the Council deems it in the public interest to so amend EnergySave Program Schedule (EP);NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: : SECTION [: That the Schedule of Raves for electric service as provided for in Chapter 26 of the Code of Ordinances, in Ordinance No. 97.236, is hereby amended; and further that the EnergySave Program Schedule(EP) enacted in Ordinance No. 96 046, is amended to delete the "Qualification Guideline For Structure Incentive"in Subparagraph II.A.3. therefrom, relating to the energy efficiency of gas rumaces coupled with conventional air conditioner/gas furnace ,r . Systems. SECTION II That all ordinances or part of ordinances in force wh°n the provisions of x this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in Schedule EP hereby amended by this ordinance,are hereby repealed to the extent of any such conflict. 5ECILMIL That if any section, subsNtion, paragraph, sentence, clause, phrase of 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 i 2 � 3 I =01 MT12AII ? 5 M, 10 32XIU, i , �YV ^ 3 i r" 1 1 Y, r t,a,T i' l n e v ° � � ♦ '��yF� � e 3' 1 �r�� � , r 'c 1 0 •rF .F , Y r �, � Y iV Y Y �� • 1S Y ' Y �� " r � 1,[yy r e= r 1 �J 1 .. �✓4.rNY Y.'?f.`IANd.VYN'J�aeVi'lZOAMMiY�'L '�„ •'�•'%'1 T ,.+w1.� •—.w«1r�...+.n o.e.�ne MiYYV wr.wrwMJlw.w. ... ,. 1 K F .T a 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. } SECTION 1V: That the amendment to EnergySave Program Schedule (EP) herein adopted shall be effective, charged and applied to all energy usage occurring on or after April 7, j 1998; and a copy of said rate schedule shall be maintained on file in the office of the City r, Secretary PASSED AND APPROVED this the day of 1998, JACK MILLER,MAYOR Y � ATTEST; 4 JENNIFER WALTERS,CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: I t. Y t n Ii F 5.°our DKU"nt210rd1nmcn1,9r Pl"trk Pule t?&X 3 - - 25 >< 1Q 32XIQ r ( f � 1 1 : AARM A" 1J. 1 , r , .w.n.s�eal a�'n✓�+aa°+n+wai�vluv.r � .«..i_..{ .-„n..-.........r.,,..r.r«a�+r..rn n...-.r...;, � r•x• f rt SCHEDULE EP Enerav3ave Program y{' (Effective 04-7-98) ' F f Application/Program Summary The City of Denton Utility Department is offering cash IN payments to customers who purchase and install high efficiency air conditioners or heat pumps for new residential, existing residential or comme: ial facilities. This program, called "EnergySave° , will provide structure incentives to residential builders for 4 ” meeting specific City of Denton structure requirements. Satisfying these construction requirements will improve a residential structure's operating efficiency. Y Apartments and multiple unit residential structures will qualify if they meet the EnergySave Program Guidelines. r, The EnergySave Program' s objectives are to reduce energy demand and consumption, thereby saving Denton Municipal r Electric Utility (DMUE) customer's dollars on their b? utility bills, reducing the peak load of the City of Deaton' a electric system and promote energy efficient haating. ' Program Guidelines I . Qualification Guidelines for Equipment A. All installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifications. • B. To qualify for equipment incentive, equipment x must be new when installed. C. XA1 equipment must be purchased, No leveed or r lease/purchased equipment will qualify fora { cash rebate. D. Installations must be made by licensed • contractors and/or ?ealers. a E. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser , and the evaporator coil must be replaced to 4 O > F r`. :e , m , �( c y } h ,le, � y p r . f r , + J . ... v n!•:I'Fr.M dMm1GA5eaY.nsP MJPr _ . .. . �A.. ... •.....,.�i.irw.. ..rN+eW-..n..... ry 1 T � 1 ' 1 t qualify for a rebate. Payments for residential central cooling systQms, which include t F "1 apartments and mobile homes, will be limited toyr 75', a capacity based on a minimum of 600 conditioned square feet per ton. j F. The conditioned area in square feet is required ' on each residential central system request for ' 4 payment . Any variance must be authorized on an individual basis and approved by the City of r Denton Electric utilities Marketing Division. t G. Incentives for new and retrofit equipment will :F i . be contributed to a purchaser or authorized home builder for qualifying equipment. Incentives will be paid upon verification of compliance with program guidelines. 1 H. Requests for payment must be received by the ' Director of Electric utilities within 60 days of f `t installation. I . Equipment and installation are subject to inspection by the City' s Building Inspection Department before final approval for payment is �. c issued. ., J. The EnergySave Program guidelines and payments ! are subject to change without notice. K. The EnergySave Program may be discontinued without prior notice at any time by the City of ` yy Y ,r d { 1•, Denton. t II . Qualification Guidelines for Structure Incentive A. A residential structure incentive is offered to a builder, developer or authorized agent after `" ( h '' ;,, the following qualifications are met. 1. Builder, developer or authorized agent must be enrolled in the City of Denton I (Ty EnergySave Program (EnergySave) . 2 . Builder must install a 1. 5 ton or above central air conditioner or heat pump having a minimum efficiency rating of 12 'kb.aa SEER, a(. 2 5 , y,- 25 D 32X am�onw :, Al 0 Y. , rr'f` I a . iu4.Y'[ii uMM.yYla�hpr. 4.•.r. .. sw "'` .... +n w,rJs.,l mul..nF .^u,YV.4.snTA ar hwgw. •I� �w � ..... 3 . Install minimuTa of R13 wall insulation 4 . Install minimum of R30 ceiling insulation 5. Ninety percent of the total square footage of exterior glass must be double-glazed {double pane) , 6 . Seal and weather-strip exterior doors and windows . Includes caulking exterior toe plates and wring/plumbing penetrations } through the atructure' s exterior walls and ceiling. 7 . Fireplaces oc wood burning stoves must be vented in a nanner that allows outside air to access the firebox, B . Structure Incentive for new homebuilders must also comply with the respective restrictions set forth in Guidelines for Equipment Qualifications. GENERAL PROCEDURES A. Application i 1 . Equipment- An application for equipment incentive must be completed and sent to the Director of Electric utilities within 60 days of installation of new or replacement equipment . Participating dealers have application farms and will co;alete these . forms for the purchaser. It is the purchaser' s responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities . ' 2 . Structure incentive- . � To qualify for residential structure incentives, a builder/developer or O authorized agen= must be registered as an authorized City of Denton EnergySave t Authorized Builder. To become a recognized EnergySave builder, applicant must complete and submit a City of Denton EnergySave 3 5 - - --- 2� � ❑ 32x ! ❑ Nimbi { : Builder Application form to the Director of Utilities . Applicant must also meet the requirements listed in the EnergySave Final Audit form listing the described ! " construction requirements. B. Inspections Installations of central air-conditioning systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. New structures will be randomly audited to insure adherence to the required energy efficient M construction specifications . C. Payments to Participants 1. Equipment Retrofit (Existing residences) Cash payments will be made to the purchaser of the qualifying replacement equipment. Participating retail equipment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers of retrofit equipment, 2. New equipment and structure incentive Program participants are responsible for submitting the correct information. The Utility Department will not issue any r Ym dditional a ,ent unless the payment was a P , • incorrect due to a mistake in processi::g by a City employee. The twenty dollar ($20.00) a payments to dealers will be made only if j they supply the qualifying equipment to the y customer or builder who is paying for the installation of the equipment. D!alers and ~ ;` S purchasers may be denied payment for failure to follow program guidelines such as: .u; failing to supply correct square footage or SEER/EER figures; installing equipment which ;. is not new; replacing part of a split system; or failure to fill out rebate forms properly. 4 7 2h K 32x , sat�uew f. I I 74diatf0l � I rS Payments will be made to customers who - purchase and ins=all new qualifying equipment. If a tenant purchases and in- stalls qualifying equipment , the payment is j made to the tenant. If the owner of rental 1 property purchases and installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selects and pays for a qualifying unit, the purchaser will receive the rebate. II . CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS 'j A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1998 EnergySave Program. If the unit is not in the current ART Directory, the manufacturer' s latest data approved for publication will be accepted. If the unit is not in the current ARI Directory or data approvea for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory. B. Computer simulations may be used if ratings are rat listed in the current ARI Directory, provided the following criteria are met : , 1 . Systems using mix-matched coils must meet all established program guidelines to * ' qualify for a rebate . 2. The computer simulations must be signed, certified, and da'ced by a registered ' professional engineer and an officer of the company making the submittal . 3 . The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in actor- 4 dance with Department of Energy approved methodology. 5 6 "' 2 � 0 32x1 ❑ e tl r i ' � s i 4 . A complete set pf the input data and an in-dication of! the source of the data must accompany the simulated ratings. k S . The simulated ratings must be based on the G condensing unit's Lester combination as listed in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the condensing unit and coil as p listed in the current ARI Directory. i 6 . Simulated ratings must not exceed 1251 of ' the SEER rating of the tested system used as a base. 7. An open file of computer simulations will be maintained at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those 1 involved from further program l participation. C. Program Capacity and Payment Formula 1 . The maximum allowable BTU per hour capacity eligible for a residential rebate is determined by dividing the square footage of the air-conditioned area by 600 and multiplying by 32 , 000 . Example : The Program Capacity for an 1,800 square foot house is: 1, 800 3 . 0 x 12, 000 m 36,000 STUB 600 ! The City will pay a rebate on a unit that meets program efficiency standards and is sized at 36, 000 STUH or less . 1. 2 . Actual payment will be determined by dividing the 81;,11 of the installed unit 'IF (up to, and including the Program ' Capacity) by 12, 000 and multiplying by the ► incentive . 6 9 i a s 32XID rrwo. ; r I Y I x ' F w '�+ , 7 c'' 4 , ' � 1 1 F A ' ( i• 5 The incentive amoynts and SEER ratings are referenced of the "1998 EnergySave Program: I Methods Used in Determining Equipment Efficiency and Eligibility,' and are incorporated herein as if fully set forth at length: a Example A: A person in a 2, 100 square foot house installs a 42,000 BTUH central air conditioner with an SEER rating of 12. 0. I . 2. 100= 3 . 5 x 12,000 42,000 Program Capacity 600 42. 000 = 3 .5 x $100/ton = $350.00 Incentive 12, 000 Example B: A person in a 2, 400 square foot house installs a 60, 000 BTUH central air conditioner with a SEER rating of 12 .0 . 2'40 = 4 x 12,000 48, 000 Program Capacity 600 48.000 = 4 r. $100/ton = $400 incentive 12, 000 Example C: A person in a 2,400 square foot house installs a 60, 000 BTUH central heat pump with a SEER i raking of 12.0. 2,40Q = 4 x 12,000 It, 48, 000 Program Capacity 1 600 • 48, 000 4 x $150/ton $500 Incentive i : r 12,000 Minimum s SEER/EER Central Air Conditioning Rating incentive �__`` Single Phase {SEER) 12 . 0 $100 / ton*1 • , ,; �. Three Phase (EER) 12 .0 $100 / ton Single Phase (SEER) 14 .0 $125 / ton Three Phase (EER) 14 .0 $125 / ton 7 10 t 26 K Cl 32 X I O F Lr Ir .. .,...rx.x.Rf-HA�^:?BKjNpMxviOVb:k w:e...i,.„...I. .iw........+:.a.+.F`r.`M'eW,+.wwwNf u,wwrrs.... � .tea...... � •i Central Heat Pumas y 1' Single Phase (SEER) 12 . D $150 / ton Three Phase (E£R) 12 . 0 $150 / ton I Single Phase (SEER) 14 .0 $175 / ton Three Phase (EER) 14.0 $175 / ton " 7 Room Air Conjitionets 10 .0 $ 50 / unit } Room Heat Pumps 10. 0 $ 5o / unit Geothermal Heat Pumps 12 . 0 $500 / unit Desuperheater e (Waste heat reclamation device) $150 / unit 9 * Refer to "1998 EnergySave Program: Methods Used in Determining Equipment Efficiency and Eligibility" - t For calculation purposes, one ton equals 12, 000 9TUH r I 401 i ?5 x � ❑ 32x � Q fi I I J . J .. .1.aw.eYMRJ1L�!bnoAlGip<�.In: _ . .�.w...d.rru.2+ «wsMRwpnvRnMi.wnRww..r ww �.,. Q I Ape Agenda Item -- 1 Data '�- 7-98 AGENDA INFORMATION SHEET t ' I i AGENDA DATE* April 7, 1998 j tj DEPARTMENT: Fire ACM: Mike Jez,349.7926 r 1 SUBJECT Consider adoption of an ordinance amending Ordinance No. 96-032 authorizing assignment pay for i nn the of Driver who is also assigned to rfo 'n the classification ent employee * the fired 8n Pe isGcs Officer, , duties of Mamterrartce/Log ` BACKGROUND r This position was npproved In the FY 1988.89 bu lget process. The only revision begin made to the existing ordinance is an increase from $703AI per month to 5794.90 per month to compensate i d for the 12.5%increase in salary. " a PRIOR ACTIONIRB IEW (Council.Boards,Commbsionsl ! 'r Council has approved this ordinance for assignment pay,which has been in effect since 1988. . FISCAL INFORMATION There is no fiscal impact other than that programmed into our budget. i Respectfully submitted: i r >» y _ I 1 Prepared by, Ross Chadwick >r, Fire Chief A C James R. Thomason Deputy Fire Chief " Page 1 2S x ICS 32x ❑ NNW • I o + :IIAR!!kA r -� �r r • i ' '. (� ` rat I I.`✓ IX ri; (. -, : .,...--.4mWGBmL$�{6"FfCYS�14pfJ}(�1':vlMr mi n..rn—.._._ »a, � ..'f. . ^.'"w..........L�n�turl.iYwHStn+IMa.'Hmm•+ewM.wer' r •.Ww+ >t r, C ORDINANCE NO. � r AN ORDINANCE AMENDING ORDINANCE N0. 96-032 BY AUTHORIZING ASSIGN- MENT PAY FOR FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION DRIVER WHO 1S ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCEILOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE WHEREAS,Section 143.042 o[the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions ad by ordinance;and WHEREAS, the assignment pay for ernptoyea in the classification of Driver who are 2160 assigned to perform the duties of Maintatancc/I ogistics Qfficer authorized by Ordinance No. 96 032 needs to be changed; acrd WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employee in the classification Driver who is assigred to Perform the duties of MaintenmtaJLogistica Officer should receive assignment pay of Seven Hundred Ninety-four Dollars and Ninety Cents($794.90)per month; NOW,TMEFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ILI Ili JON j. That the Fire Department employee classified Driver who is assigned to perform the duties of Maas the sti<a Officer shall receive assigureent pay of Seven Hundred Ninety-four Dollars raid Ninety Cents(5794.90)per month in addition to the regular monthly salary of Driver. r? ES CTION L That this ordinance shall amend and replace Ordinance No. 96-032, and Ordinance No, 96.032 is hereby repealed and is of no further force and effect. That this o*nance shall become effective immedidely upon its passage 2nd i approval. t PASSED AND APPROVED this the dsy of , 1998. i ? . JACK MILLER.MAYOR , `4 • , ATTEST: "s JENNIFER WALTERS.CITY SECRETARY p BY: I -'r page 2 - 25x ❑ 32x ❑ monalami __ .t 0 S . . ... .w.rWwkW}z&t�d7J�'YC.>�,'WM,gr,��,a ...a_r. z 1,' .. .nt.L...`..�...rw..i�:.:»1w„�..w...w,..�w•.rN+n...w � _'.� ti t:. , r APPROVED AS TO LEGAL FORM! HERBERT L.PROUTY,CITY ATTORNEY j r BY: howa A-d- 1 4 Y , I � r G � P i t , 4 i Page 9 n , ay � t 1 r I II g ( J, • � 1 ..., ... .•rt`. x"a1w.L�.bNdC/y17WYR'ilk°.tiw sea•.nw,.... v..,-., .. . _..._, „` .wr.,+w...nr�Yly.�wte►d+'/aKIpeBINYi'fWihneWYfili MlawnNa � .s... �t_ n I I Agends No _StLL�fIZG Agenda Item Date_ AGENDA INFORMATION SHEET II I AGENDA DATE: April 7, 1998 + DEPARTMENT: Fire I ACM: MikeJez,349.792 Ij I SUBJECT Consider adoption of an ordinance amending Ordinance No.96-076 authorizing assignment pay for the fire department employee in the classification of Captain who is also assigned to perform the duties of Infomtation Management Coordinator, BA MROUND This position was approved in the FY 1995-96 budget process. The only revision begin made to the existing ordinance is a decrease fro m $S32,09 per month to$250.00 per month. PRIOR ACTIONIREVIEW(CounciL Boards Commisslons) Coun:.il has approved this ordinance and similar ordinances for assignment pay,which have been in effect since 1988. I , 1 FISCAL INFORMATION There is no fiscal impact other than that programmed into our budget. I Respectfully submitted: Prepared by: Rom C'.adwick Fire Chief fames R. Thomaso /Deputy Fire Chief Page 1 25 K 10 32X10 1 � s , r 1 ' t+ yar�wa , e O A ' f.f y.. H F�•a n .o 1. r I`.4tih ' e r F , M1 • � r t ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCF. NO. 9 6-076 BY AUTHORIZING ASSIGN- MENT PAY FOR FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE DUTIES OF INFORMATION MANAGEMENT COORDINATOR;PROVIDING A REPEALER CLAUSF• AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance; and WHEREAS, the assign•i ent pay for the classification of Captain in the Fire Department authorized by Ordinance No. 9t)-076 needs to be changed:and WHEREAS,the City Manager and Fire Chief having recommended that the Firs Department employee in the classification of Captain who is assigned to perform the duties of Information Management Coordinator should receive assignment pay of Two Hundred Fifty Dollars and No {�{ Cents($250.00)per month; NOW,THEREFORE, i THE COUNCIL OF THE CI'T'Y OF DENTON KEIREBY ORDAINS: SECTION I. That the Fire Department employee classi6od as Captain who is assigned to perform the duties of Information Management Coordinator shall receive assignment pay of Two Hundred Fifty Dollars and No Cents($250.00)per month in addition to the regular monthly salary of Captain. SECTION II, That this ordinance shall amend and replace Ordinance No. 96-076, and Ordinance No. 96-076 is hereby repealed and is of no further force and effect SECTIONJ,U, That this ordinance shall become effective immediately upon its passage and approval. j • PASSED AND APPROVED this the day of • I"S. I M1 . JACK MILLER, MAYOR ATTEST: ; • JENNIFER WALTERS,CITY SECRETARY t I BY: rr t r Page 2i I ' �.5 x � ❑ 32x ❑ • ;f, r' ; y • + t. 4' ... � . ..r^.-ow mIKAU«SaBcaysu�.. .. � _ u..»::w.+.........r�ii.iwrw.awwsw.•ww..w. � w... � � T i APPROVED AS TO LEGAL FORM: , HERBERT L. PROUTY, CITY ATTORNEY ) �' .- Vii''. p 1 ri 't BY: j y Y l� k r �I, r ry • ' 1q i a ' � /aewdArtlatMRmm�a Orl��/1 nIOTI aMwM � � � i i �,� � , ' { , Peg@ 3 ilk , , 4Ji { , tr Af hl r S E, Oil, r t I • � A =,rsl f til '' J V � , , �t4 V i° ' I � J J � ly t i � 4 f J v r t ^ \i , V 1 r I 4 i �f fr I 0 �' ' s r t l t c f r .. ,b 10 . .. rr Yr W.N.'►C:A.TbttrStW.dMYL.w�.�'w'hw s�.�AOn.., 1..... r,`.w.+rti.w+Af.w?wawae' �siwn..:l ! .s Agenda Ne . ti f Apenda Item AGENDA INFORMATION SHEET Dale AGENDA DATE: April 7, 1998 f , � DEPARTMENT: Fire ACM: Mike Jez, 349-7926 SUBJECT Consider adoption of an ordinance amending Ordinance Nor 96.237 authorizing assignment pay for the fire department employee In the classification of Captain who is also assigned to perform the duties of EMS Program Manager. I BACKGROUND k This position was approved in the FY 1992.93 budget process. 'Me only revision begin made to i the existing ordinance is an increase fiom$530.36 per month to $593.95 per month to compensate for the 12,5% increase in saiery. t , 1 f PRIOR ACTION/REYjEWjCQ9rAL Boards.CommbIlon) Council has approved this ordinance and similar ordinances for assignment pay,which have been in ; effect since 1992. r ' F'ISC'ALINFORN TIOTI t ,�krr '[here is no fiscal impact other than that programmed into our budget, f Respectfully submitted: V J: Prepared by; Ross Chadwick r Fire Chief k r" ames R, fhomason Deputy Fire Chief Page I t n � 4 X l r i f '•. i d '. f ' 6J i, r1 1 it i� � 1 4 +: 4 l I , i e r r � �, V 'r i' " I ,x:. ,y � r i ' r f :.i' i r' � 'r i,.� 1'M ,.I ♦ i r,Y I o i 'Y . , I yy l 1 I r. Y • ' l 1 t, _ .".mnvwiti .A.wc MtAHf�,.•..M.., . . _,_w,..w .....n%.-.....�„✓r+,.w�rwwr.•wt"w�.Wr4irn"M.�. � .-►..i i r I ,k t 1 ORDINANCE NO, i AN ORDINANCE AMENDING ORDINANCE NO. 96-237 BY AUTHORIZING ASSIGN- g MENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF a CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN £FFEaTVE r DATE WHEREAS, Section 143.042 of the ImA Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under condition set by ordinance; and WHEREAS. the assignment pay for the classification of Captain who is also assigned to perform the duties o;FMS Program Manager by Ordinance,No.96.237 needs to be changed;and WHEREAS,the City Manager And Fire Chief having reeommnended that the Fire Department employee in the classification of Captain who is assigned to perform the duties of EMS Program Manager should receive assignment pay of Five Hundred Ninety-three Dollars and Ninety-five Cents(5593,95)per month; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the Fire Department employee classified as Captain who is assigned to perform the duties of EMS Program Manager ahal[ receive assignment pay of Five Hundred Ninety-three Dollars and Ninety-five Cents($593,95)per month in addition to the regular monthly Wary of Captain SECTION II. That this ordinance shall amend and replace Ordinance No. %-237, and Ordinance No.W237 is hereby repeal ed and is of no further force and effect. SECTION III. That this ordinance shall become effective immediately upon its pasuge and approval, PASSED AND APPROVED this the day of 1998. • r � l JACK MILLER,MAYOR r ATTEST: i 4 { • JENNIFER WALTERS, CITY SECRETARY BY; x Page 2 r, I. , lzpF �YtSab`i4;`, e r�.L.rA . r1 'J zrr 32X �� .IOwl1 ; �y v �l� y ' r � � •1. + l , t �r � .^ate w ,. t � i 1 r " •i [' •lrr , r 1 M1� R , Tr.xMn m.s.MtrN.Vit1M"FlL,�nv�ww+w:•�+� ,.Y. " ' ! .?. �t,: ' ..m.+rrrwi,ir....:r w«awi�iur re.wen;'M+u:�f+:w�Leiw w � wn+.t s 1 �" t APPROVED AS TO LEGAL FORM: y y HERBERT L. PROUTY,CITY ATTORNEY 1 " BY: 1 14 1 , r'• .Y� 1� ,i r ° i . r. �iv u�saur.a.sA rJa ter.++�d � r, � y 1 � rx 1 Pole 3 t ... .. ....... .. .....�.� r , 1 . r it J r is "ice !� K ' � } IV J, i /a J, ,.32 /� r, . . I 1 � 1. 7 . • 1 1, S Avg" O V Agenda Na Agenda item _L AGENDA INFORMATION SHEET pate AGENDA DATE: Apr117, 1998 DEPARTMENT-. Parks and Recrestloo Department ACM; S1ichael W.Jez,Assistant City Manager of O erations SUBJECT Consider an ordinance of the City of Denton,Texas, authorizing the City Manager to execute a contract with the Denton Independent School District and all additional documents and agreements, as required,to obtain funding for the 1998 Summer Food Service Program; authorizing the expenditure of funds to administer the program;and providing an effective date. BACKGROUND This free lunch program is designed to service children in areas of low-income populations during the summer months when traditional school lunch programs are not being served. This program is sponsored and funded by the Untied States Department of Agriculture, Food and Nutrition Service. This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Human Services has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations; 1) SILK Recreation Center, 2) Phoenix Park, 3) Denia Park, 4) Civic Center Park, 5) t?wsley Neighborhood, 6) TWU Clubhouse Program, 7) Village East Apartments, 8) Fred Moore Learning Center, 9) Evers Elementary Summer School, 10) Rivera Elementary Summer School. The total estimated cost for this program is approximately 545,839 which is reimbursed by the Texas Department of Human Services, The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park,Fred Moore Park, Civic Center Park, and two summer school locations. At these six locations a total of 14,776 lunches Acre served to children I through 18 years of age. The Summer Food Service Program expanded to eight locations during the summer of 1993. The additional locations were the TWU Clubhouse Program and the Owsley Neighborhood. The total number of lunches served throughout the summer was 14,748. In 1994 the Village East Apartments were identified as a low-income area and became a Summer Food Program Site, 'Through the summer 15,094 lunches were served at the nine sites. In the 1995 the nine summer food sites served 15,585 lunches at a cost of 532,712. A slight decrease occurred in 1996 because the two summer school sites were enrolled sites with lower attendance. In ',996 the nine summer food sites served 13,511 lunches at a cost of S303 11. In 1997 the Boys and Girls Club requested to be part of the p summer food program, The addition of this tenth summer food site increased the number served to 17,609 lunches at a cost of 538,342. ZOO l � I 1 I. l � � , ;V y PRiOA ACTIONlIa F VIE)y( ungii,Boards.Commissions} r 1 The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on Marsh 24, 1998. The program is scheduled for implementation on June 1, 1998. FISCAL INFORMATION t All costs associated with the program will be reimbursed by the Texas Department of Human Services which administers this grant, EXHIBITS 1. Ordinance S RESPECTFULLY SUBMITTED: r Ed Hodney, Director e-*" � Parks and Recreation Department ` Prep by; Jane pson, Perin a ent Parks and Recreation D ent r 44 2 I 2 x 10 � �� .' 32 x1 ❑ l 1 l+ ♦ w 4 i �: J I I 1 / N 6 F r wrrw y a .n nn.i.LYE. .H•M WwI�WM+IYYNv - . y. � . � ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY I MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE 1998 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of staking meals available to eligible children at the City's Summer Action Site programs; and WHEREAS, pursuant to the grant, if received, the City will contract with the Denton Independent School District to provide the meals at the various sites;NOW,THEREFORE, r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute,on behalf of the City,an application for funding under the National School Lunch Act,and if faridod,the Summer Food Ser- vice Program Agreement with the Texas Department of Human Services, a copy of which is attached hereto and incorporated by reference herein, along with any :her documents and certificates necessary to obtain such funding. SECTION II. That the City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the torn of the contract which is attached to and made a part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such other documents and certifications as are necessary to carry out the 1998 Food Service Program,and to handle all fiscal and administrative matters relating to the application r and the program. ,. SECTION III, That the expenditure of funds necessary to administer the 1998 Summa Food Service Program is hcreby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval ` PASSED AND APPROVED this the day of_ , 1998• C . ' JACK MILLER, MAYOR t Page 3 25 x 1p " 32x � d n e dr i °p •'� I e r�' � T r r V 0 i ATTEST: JENNIFER WALTERS,CITY SECRETARY j BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r � _ , y BY: M / _ I 1 /'RUe3Jr,(UK OW D'r U'O'A--91— yMCI MMU kM I F` r' rw' Page b • I ' 10 32X � f • � iy�tp � r .I + .1 I! f a i • y 0, _ r u r. • i i v . i i 1 Apeada Na Agenda Item — I Dale AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1998 ` DEPARTMENT: Tax ACM: Kathy Dubose t SUBJECT L ' Consider approval of a tax refund to The Vintage for$1,539.11 due to a tax liability reduction on 1997 Supplemental Roll#10 from the Denton Central Appraisal District, ' BACKGROUND Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit fur refunds in excess of 5500.00 and chapter 42.43 of the Te,tas Property Tar Code requires an ' automatic refund of an overpayment subsequent to an appraisal district value supplement. The Vintage paid their 1997 tax on November 18, 1997 prior to the supplemental reduction of their appraised value. The appraisal district has amended the 1997 appraised value due to a protest riled by The Vintage.The supplement resulted in an overpayment of the 1997 tax and a refund is due to The Vintage, j . PRIOgACTTONIREVIEW(Council.Boards.Cotnmissionsl Not Applicable FISCAL INFORMATION I fie tax overpayment revenue fund would be reduced by$1,539.11. ± ' R ifully ub tted: II • -�. i , Joo,tune +^ Di ctor of anagement and Budget Prepared by: + ((� � ficneEvans Accounting Clerk 11 i 1 I ?. 5 ' . 32x ( ❑ l C i 0 y 'i a' y • y 4 ....._.m. r. wus « . .. a , .,.,.•ae..wwu..e ..n.arrn.iG Y-r�����IeMrr�.wr.wrwY � rr«w�.� ti Agenda Item --- AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1998 i DEPARTMENT: Finance C'M/DCM/ACM: Kathy DuBose SUBJECT CONSIDER APPROVAL OF A RESOLUTION AMENDING RESOLUTION NO.97- a 037 BY APPROVING A REVISED BUDGET FOR THE DENTON BLACK ' CHAMBER OF COMMERCE FOR THE 1997.98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS,PURSUANT TO CHAPTER 351 OF THE TEXAS TAX COI:E;AND PROVIDING AN EFFECTIVE DATE. t BACKGROUND The City Council had approved the allocation of$5,000 to the Denton Black Chamber of Commerce to host ajarz festival in 1996.97. Due to unforeseen circumstances, the Black Chamber was unable to hold the event resulting in unspent funding. The Black Chamber contacted the City to determine how and if the unspent 1996.97 funding could be spent. d Staff researched this issue and advised the Black Chamber that the unspent revenue would need to be returned to the City or a revised 1997.98 budget, that included the unspent prior year money, would need to be approved by City Council. The Black Chamber submitted a revised 1997.98 budget to City Council at the March 24,work session. PRIOR ACTION/REVIEW The Black Chamber of Commerce made a revised budget presentation to City Council. the March 24"City Council work session. City C until has previously approved a 1997- 98 allocation to the Black Chamber in the amour, if$6,000. . , FISCAL INFORMATION • If approved,the 1997.98 Black Chamber budge will include $5,000 in unspent 1996.97 funding and $6,000 in 1991.98 funding. There would be no change in the amount of funding disbursed this fiscal year. +� espectf Ily ubmitted: �' • . • • J Forl ne Director f Management and Budget r' �� ?.5 In 3zx Id 1 jr 1 nl + r i , i-r ..-t„ •."u':�4L.karY.d,wSY+9.\a�fitmwwl w+4r.N .1.... . . , . �� .,.rte. ..:..'L:....+,...:..;4+y+...�...i»�..www...+.J..:w« � ..r. .;t', �. ,nra�.r�r��.Nmuun.wrtrrsdcLrto.e.nr � � ' .j. RESOLUTION NO. '+ A RESOLUTION AMENDING RESOLUTION N0. 97.037 by APPROVING A REVISED BUDGET FOR THE DENTON BLACK CHAMBER OF COMMERCE FOR THE 1997-99 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 ' OF THE TEXAS TAX CODE;AND PROVIDING AN EFFECTIVE DATE. 4. , WHEREAS the Denton Black k Chamber of Commerce has hotel occupancy tax funds ' from the 1996.97 budget year which were not expended during such fiscal year because of the cancellation of a scheduled Jazz Festival;and WHEREAS,the Denton Black Chamber of Commerce desires to add the hotel occupancy tax funds not expended during the 1996.97 fiscal year to the 1997.99 budget approved by the City Council per Resolution No. 97-037; and WHEREAS, the Denton Black Chamber of Commerce has submitted a revised 1997.98 budget which would allow the funds which were not expended during 1996-97 fiscal year to be utilized during the 1997.99 fiscal year to expand its program and attract tourists and convention i delegates or registrants to Denton;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with TEX. TAX. CODE ANN. §351.101(c), the City Council of the City of Denton hereby approves a revised 1997-99 budget for the Denton Black Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, ' pursuant to the Agreement between the City and the Denton Black Chamber of Commerce. SECTION [I That the Denton Black Chamber of Commerce shall make periodic reports + to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION lil. That this resolution shell become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998, i + JACK MILLER, MAYOR � v ! l 2 r l . 0X I ❑� ?� 10 . 32 j f ! l.y �' I 1 a r n• v'n r, � , L I ..f 1 �1.. � • ` I i i , It i F y � � ��� " y 1' r r 1r � �� � .D • � � r. , 4 r �. +• r f ay 1 lkF i w •. ir4�:' � J ��ti � r�A�a:n �� I {I tN ��i4 t I} � r �,,� r 1 Fy. a'' , r • .•.:�•..4rwcy,,iraJYSLQ1Awaal/MllmWr+.r .....•.. � r f�Owmw��Yew"IJIwb1 i'.■hrIllYMrJ Qwv�C�w/nv 1 Pn. ,I ;gyp ATTEST, JENNIFER WALTERS, CITY SECRETARY a — 1 s APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY sf i I , i ` 1 „ I f 4 I a 1 1 t , 1 .I 1 a } 3 i , r , K l o 32 x I o MONO 0 r I a� I II I rl. 1 1 A_ r � � L ' • , t ti , Y I I ® I Y II I o-•r ..a us +Y„-Y+IY/.':VIASIRYyFa un. a -n ;. A.w.x- aaxru r�.axlwynlw r as u..u�l ' 'y , 4�y V tttt ra rRt Worksheet) is LO is 1 7 - Sfi Denton Stack Chamber of Commerce L I `r I ' 1 Bud lot Cas h Receipts and Disbursements s — — -- •;;� For Year Ending September 30, 1949 _ IYlllys — y a (Unaudited) ;r - — Annual - ------------ Budget -- �- I '•1J a II Cash Be innln j Receipts, Occupancy Tax 11000 00 I ! Interest Income 0.00 �I Total Receipts 11000.00 I r 3 Disbursements: Salaries 0_00 " General Expanse 230.00 catch all for unexpected expense f Directors Rekmb, Ex ense tso.nD refmb, for other than miles a ! Pa rolTaxos O;OD M°! Heallh Insurance 0.00 I Llabill Insurance 0'00 l Trainin a Travel 230.00 Iralning of new volunteers and Miles e E u marl 1500.00 equip. needed for event Office Supplies 75.00 tablets, envelopes ,etc. ! Tele hone 16006 tele hone Char es and other media utilizatio 1' Audit 0.00 I Prirlo _ S50.00 brochures and II ers ! j Pasta a 90.00 as noted Adverllsin /6000 air time and other articles _ Convention Promotion 0,00 G Tourism Promotion 7500.00 a ment for drawl Card I I Brochures 0.00 ti 1 I Total Otsbursemenl 10965.00 y `h E,cess of Rece'lotsr I Disbursemenls) 35,00 1 "A Casn Endm 3-600 I 1� Pall Cash Cash rn Bank r Tctai Cash 35 00 6 r � l i I a 32 x I I - . a r i 1 r I C r . .. .. ra+.. . ::'r'ff• ,..5 �..,. I�. .. ..... .-.�•..Y.K\¢1 :44A✓H'�V1 Y."'.SuM !:'9.M.Y'4' � -Y•w.'.1h_'i •.. . •.. AGENDA INFORMATION SKEET Agenda Ilan Date _ AGENDA DATE: April 7, 1998 DEPARTMENT: Planning Department CM/DCbIIACM: Rick Svehla, 349.7715 7�- 7Gc� SUBJECT-Z-98-008: (116 Maple Street) Hold a public hearing and consider rezoning 0.2788 acres from Commercial (C) zoning district to Multi-family(MF•1)zoning district. The subject property is located on the northeast comer of Maple Street and Myrtle Street. The applicant proposes to convert the existing garage into an apartment BACKGROUND It is necc�sary to discuss the existing structures and land use of the subject property to properly consider this request for a zoning change. At present, there is a main structure and a garage located at 216 Maple Street (see Attachment 4). The main structure is an older single-family dwelling that has been converted into a three(3)unit apartment building. As such, it is classified as a legal nonconforming structure within the Commercial (C) zoning district. If the request for a Multi-Family One (NIF-1) zoning district classification is approved, the exiting main structure ' will become a conforming structure. However, the garage will change from a conforming structure to a legal nonconforming one, because of its close proximity to the north property line. It may be converted into an apartment unit as long as it is not expanded to increase its nonconformance. A change in zoning to Multi-Family One(hIF-1) will require the applicant to provide off-street parking for the entire property, The applicant's original proposal to convert the existing garage into hvo one-bedroom units would create a total of five (s) one bedroom multifamily units on the property. The Municipal Code of Ordinances requires one and a half(1.5)parking spaces for each one bedroom unit. This computes to a minimum of eight (8)oft-street parking spaces (s x I,s = 7.5). After the Planning and Zoning Commission meeting, the applicant stated that he might convert the existing garage into only one (1) one-bedroom apartment unit, due to the constraints in meeting off-street parking requirements. By converting the garage into a one- bedroom apartment, instead of a duplex as stated in the Planning and Zoning Commission Staff t# Report, the number of required off-street parking spaces for the property would be reduced by two (2)to six (6). In either scenario, staffs research has delermincd that there is adequate space on the properly to provide the required number of parking spaces, The Planning and Zoning Commission did not recommend that any conditions be PJdcd the zoning request, because the proposed zoning classification and use designalio*• is more i restrictive than the existing one. In contrast to a Commercial (C)zoning district designation and use classification, the proposed MF•1 zoning district designation and use classification permits less intensive land uses and reduces the allowable height of sinrctures from twenty(20)stories to three (3). Also, as indicated in the Planning and Zoning Staff Report (Special Information), landscaping will be triggered by the issuance of a building permit for the conversion of the garage into an apartment uni'. 1. 32X10 1 y 0 .1N1101MD �% ',r � �. � '•I f , PRIOR ACTION/REVIEW(CounclL Boards.Commissions) The Planning and Zoning Commission recommended approval of the rezoning request(3.2) at y its meeting on March 11, 1948. FISCAL INFORMATION I a None. f s ATTACHMENTS { 1. Planning&Zoning Commission Staff Report. � 2. Planning&Zoning Commission minutes from March 11, 1998,meeting. 3. Draft Ordinance, 4. Photos. f - r { Respectfully bmi �4 Hill Director of Planning and Development Prepared by: Wayne ed Planner 2. I , t 1 V • a ' E ! 'P,r,br.l'innh,%f nca la'ling/Ir~lr LVV Ip7�'i46 'lam dor 25 K 10 32xICl _, Iu , r !r ,' `:i:i la•. b1LV�f`v9`WuPS+?tlJ'f"16+r .+Mt . \u'v.w,e !. .. ..:.. .. `wWMsxua4+NroV+n1�+'vbmcMMA.w � ..n.v.,u ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT I , Subject: 216 Maple Street Case Number. Z-98-008 s Jkff: Wayne Reed, Planner 1 DJ!!4: March 11, 1998 z GENERAL INFORMATION Applicant: Robert Hamblin 3305 Nottingham Denton, TX 76201 Owner: Max Chow 1205 Bryn Manr Denton,TX 76201 i Action: Request change In zoning for 0.2788 acres from Commerclal (C) zoning district to Multi-family (MF-1) zoning district. Proposal Is to convert the existing garage Into a duplex. Location and Size: The subject property Is located on the northeast corner of Maple Street and Myrtle Street. (See Enclosure 2) i Surrounding Zoning and Land Use: LOCATION ZONING LANDAU North: Commercial Residential neighborhood (C) South: Commercial Residential neighborhood • (C) East: Commercial Jay's Upholstery and Nortex Overhead Door (C) Co, " West: Two Family Residential neighborhood r, • (2 F) Denton Development Plan (ODP): Major Activity Center Area #51 (No limit on allocation) (" De'doi Pia ruw,G�'s:onrvg17 :Y)fl',2 9S'fr(ki'\2 9D (N'4 FL Stoll ' 3. v 0 ,.i': ..., city i;�nag„k.tea Y;Ai;WNr .. .. _ .-. ..,..w,r'riir.M'rnMk.'fA4ti]efd..: Ja.4rr.Y ll"w.Yi 1."EY;•.^� — a.!W':: SPECIAL INFORMATION The property is not platted. Because the applicant proposes to convert the existing garage into a duplex, without expanding the structure platting will not be required. It should be mentioned that the garage is a legal nonconforming structure. According to Section 35-50 (a)of the Code of Ordinances, a person may renovate a nonconforming structure 9 the work does not increase the degree of nonconformity nor enlarge the nonconforming structure. The proposed renovation of the garage will neither increase the degree of nonconformity nor enlarge the structure. The renovation must comply i x; with all other applicable codes and ordinances. The property will be required to provide landscape Improvements in accordance with requirements of Chapter I of the Code of Ordinances. Most notably, this site will have to construct a screen of a minimum of six (6) feet in height along the entire north property line, which abuts single family structures, and provide a visual screen of a minimum height of three(3) feet along the perimeter of 9 the parking lot where k fronts a public street. i I BACKGROUND January 14, 1969 — Property placed in the Commercial (C)zoning district and use classification by Ordinance 69.01 which adopted the Comprehensive Zoning Ordinance and Map for the City of Denton. NOTICE Twenty two(22)property owners were notifted of the request on February 27, 1998. As of this writing, two (2) reply forms have been returned;one(1)in favor and one (1)neutral to the request. ANALYSI The table below will provide a summary of the Plan related analysis for this project: Denton Development Plan Policy Analysis Summary Urban Centers Development Rating vs. Policy POLICY COMMENTS �Inca�ste rsomewhat Consistent Intensity ur limped x Land use diversity should be encouraged The proposed development will be . •. Cwt new icw density housing will provide a mrrpe le with surrounding fond uses. It banslW to lower Intensity adiaanl areas will continue to provide hoAng In dose r I M also provlde transportation balance proximity to"nesses A the Central it And energy cunservabon by havlrq Business dlsWQ hoOng In dem proximmty to Jobs and services x I C U i 1E'''f'I rv'i-':f,•xa 2nnr x?',Z i�'1F'L 9ti IyA1 :191N.oP i'I Sia ' i owl. ' ' » K � �a 32XIO ly i 0 4 ri ,y t y i . . 4 ::�r.:47�rt.X+`vE+`iviiv'Ea'iwsufadbic+H�'eEk»v..+ei.v^•wt ar..u.,� v .... ........'-«.rv:+.,«iw:w Mriinl '�C.>wnwodnYeiM'84/fatdtlel�.a'a�� .. rrwr v.N A � Denton Development Plan { Polity Analysis Summary Urban Centers ' Development Radng vs. Poky POLICY COMMENTS �t corrdAent f r Low dwsity resldentl M Weis en the mnge The Vopmd dew!bpment does rat x d these rra}or edhbty centre stg. d be Inwh,e the cx shKtian of arty new pmteded by such measures as intensity strud%m Thereom,K wlr be gradafloN strict sKe design reWrumntik ommpsos wth the sunvurdng tranq*to n planning and residrRSd propert es [wan d the owner i N*ffwtavm land use War"r+d decides to wnsbW new"-farNly tandscadno• Rodhr traflk planing *wtm at same print In Ne future, dauW emre that no local resldenW larWsraprq 0011 to required as pr the streets ere Wined ror grrral droulatm 00 Landscaping,Saeerrng"Tree to Vw centers Av*-abw Ordnanoe. RECOMMENDATION Staff recommends approval of the request to change the zoning from Commercial (C)zoning ti ` district to Multi-Family (MF-1)zoning distrM. . MOTION I move we recommend approval of Z•98-008. ALTERNATIVES 1. Recommend approval as requested. 2. Recommend approval with conditions. 3. Recommend denial. i 4. Postpone consideration. ENCL)SURE3 I 1. Location Map. r .r 2. Zoning Map. 3. Site Plan. r (,,,On ion Ma rnmg,[ases Zoniog\Z MW 96 00e 78 009 PZ Sta " 5. I t,I a 0 Jl - 1 } M i ENCLOSURE 1 i Z-98-008 Lu Lu ND IN f 1 . .r • ,_ _ ' f-: -I' ---- MAPLE PLE _ MAN ! dI � ! W i r� EAGLE +► . �' RIP 6. ! 0 32X Io L, 0 . A4 v Y I 1 1 n I ,• err ' I r Y ENCLOSURE 2 NORTH Z-98-008 216 MYRTLE STREET NI LAND STREET s 2F SITE LEm!l I MAPLE STREET — — —� ZONING MAP 4 u Date: March 11, 1998 Seale: None ?Y 32x � �r, a , n � 1 , ., . e. „.. ....xgr,xa.u,. ...y+.M iC+�IF'd II}i..wxb.`�.ea.+.�,..� � r,�a t; c .. 1 - I ...,s:..w..wnxM rr+m✓w.�v+evM+l'wnMtir*.'..:•� +r•a6,a. 1 � . 6NI'LCSIJRE 3 NORTH } [ Z-98-008 216 MYRTLE STREET I ; .• - FRAME Lit n GARAGE re 1 0.2788 ACRES CONc I STORr FRAME j RESIDENCE 50 28.4 1 POWER LINE--\ ' P P CONC. SIDE WALK 1 120.05 MAPLE STREET SITE PLAN . I I, Dote: March 11, 1998 Scale: None 8. i 25 0 32x ! ❑ e ! 5 f , t V A • � Yi � 1 .A■rMl■r � t � 1 g .• .. !.. .:Yi,.+..a.ir t�ae�rr�luoSW lk�'1dRwl+.bfdat.a ek�r;ed..:....,5 . a,L.. .Ewa+.M.:ai,ikrl/+YfYk�Narrr1k171R71kr�71Md�11M1tNi laM y •s�.:i 4 Enclosure 4 Z-98.008 (216 Maple) NORTH ; F � 1 mom •i ail!: �' !� � II !!, + � I , y■■ , , Ili l�l ' j lil � i• � ,:, , �l�l:l I+�j I i,illy I i�!yi+��a II !,i • ■ `! i fl; I ! elk 31i:ili!liiji3 3i 'i"a'i'i�.I i3 1!1� � � 5 a4 fat- • c Zoning Map Dale: 417198 Scale: None 9. 2510 32X 10 • [7xtaraN - ' O SIRMRWRimmim rssrsaxn Planning and Zoning Commission Minutes . March 11, 1998 ATTACHMENT 2 DRAf Page 28 of 31 j�hl Mr.Donaldson. No,you should be able to control A. Chairperson Schantz: Okay, there. It passes 5.1 with Commissioner Moreno voting against it. Thank you for your time this evening (5–1) I would ask the Commissioners at this time if we need a 10•minute break or rather,a 5-minute break, All right. I think we would like to continua to keep the progress moving. These people have been very patient this evening and so'd you would bear with us for a very quick 5-minute break,then we will start back. That would be at about 9 24 p m. 9. Hold a public hearing and consider making a mcommandatlon to City council concsming a request to rezone a 0.2798-acre parcel from Commercial (C) zoning district to Multi-Family-1 (MI zoning district. The subject properly Is located on the northeast comer of Maple Street and Myrtle Street, commonly known as 216 Maple Street (2.9l 710 Maple) Chairperson Schertz: Item number nine—hold a public hearing and consider making a recommendation to City Counedl concerning a request to rezone a 0.2788-acre parcel from Commercial toning district to Multi-Family zoning district. The subject property Is located on the northeast comer of Maple Street and Myrtle Street, commonly known as 216 Maple Street, Mr, Reed is going to address this item. Mr.Wayne Reed presented the staff report Mr. Reed Thank you very much,Madam Chair. Chairperson Schertz. And I will open the public hearing, I forgot to do that last time Mr Reed. Let me gel the document. We are looking at essentially a quarter acre tract located on the northeast corner of Myrtle and Maple, The applicant has requested the change to Mugi-Familyl so that he will be able convert an existing garage on the property into a dwelling unit, either s one bedroom un'd or a duplex depending upon the constraints of the dimensions of the structure. This site or location map illustrates the surrounding structures. First, I'll talk about the zoning To the west Is a two family zoning district, as well as the west,northwest and southwest and Me property or the zoning district boundary line runs pretty much north to south down Myrtle Street and jogs over and continues to go south down this street here. To the north of the property, subject property Is a vacant lot. On the north side of that vacant lot we have a single family dwelling',to the west side we have single family structures and to the south we have a vacant structure on the corner which Is boarded up and then single family dwelling. Then to the east we have a commercial business,it's Jsy's Upholstery and NorTex Overhead Door Company and they face Elm Street, Some information about this site, this is an old lot of record which essentially means its never been platted And because the applicant has expressed his desire to convert a garage Into a dwelling unit without expanding ti or constructed another structure on silo,he will not be required to plat. If he were to propose to build another structure In the future he would then have to plat this property. The garage currently Is a conforming structure;however, in a commercial zoning district however going to a MuT-Femily zoning district R will become a legal nonconforming structure because it Is closer r• 'he property line than Is allowed In a multifamily district where, In a multbramily district that abuts existing resi.sodial land uses, a ID-1i setback Is required, ci�o It becomes a legal nonconforming structure,which restricts the applicant's ability to expand the structure. He r< 1 not increase its size to the west or to the east because of the 10-fool setback requirement, He could increase the square footage of the structure going south more into the interior of the lot. This map gives a clearer idea of the exact proportion of the structures on the site with the overall acreage of the site Going to a Mutti•Femily toning district the applicant will be required to provide some public Improvements. In particular,off street parking based on the total number of dwelling units he will have 10 supply on-site parking Also,landscaping will be required. Including a six-foot screen along the north property line, which will separale the Mutti-Family district from exisling residential uses. And also a three-loot perimeter screening to where the perking lot is placed separating it or screening it from the public street thal It fronts, As far a the consistency with the Denton Development Plan,the request is 100%consistent, It diversities housing In the area it provides a buffer between the existing single family dwellings to the west as well as somewhat to the north from the commercial land uses to the east, And it also increases landscaping In the area It should be pointed out that the density or this Multi-Family zoning district is limited because of the small size of the lot. If, at present he will have—if he converts the garage into a duplex,he will have two units there. Currently,he has a murti-family dwelling over here with three units. With that combination there he Is required to supply approximately nine parking spaces. And that 0 right there will eat up a lot of the land area So el no point could he all of the sudden put 20 units on this ele,end that is something that I would like to make the Commissioners aware of. Property owner not tication,we had 22 property �J owners notified, we had five responses. Of those,we had two In favor and two neutrals and one In opposition I 1 would like to point out that the one response that we received in opposition staled that parking in the area was a problem. Well In this particular case,the development would alleviate some of that on street parking by the required off street parking for this property. And I'll open It up to questions. I 10. MEOW i ,. rr sairsnra 0 , hx%Vasra Planning and Zoning Commission Minutes March 11, 1998 Page 27 of 31 Chairperson Schertz: Commissioner Engelbrecht. Mr.Engelbrecht: Where Is the current curb cut for this property? Mr.Reed: The current curb cut is down hereon Maple Street T- Mr. Engelbrecht: Okay,I was thinking it was on the other. Okay,so that,to odd the perking In there the curb cut Is {' already there to do N? I was thinking that k was up above Mr. Reed: I belie"its down here. If I'm incorrect,I'll stand corrected. I Mc Engelbrecht. Okay,thank you. Chairperson Schertz: Thank you,Commissioner Gourdie. t Ms. Gourdie, So as for plumbing and stuff all that's ro problem it just hooks Into the existing plumbing to make It a livable habitat? i Mr.Reed, The existing water lines,sewer lines r,*on the property or are already being used by the property to yet you would just lap into the Cone. I'm sure how vxoctly he will do that but that again will W In his building permitting stage. Ms. Gourdie Being as there Is no 10-foot+otback Into the adjacent property,what's behind that? II looks like en emply lot Mr. Reed. Correct. Ms. Gourdle, So there is not going to be any Intrusions on the neighbors? Mr. Reed. That's correct Me. Gourds: Okay. Mr. Reed. Our landscape ordinance as d currently written requires between an Multi-Famity zoning district and exisling residential uses even though this residential structure Is in a Commercial zoning district that doesn't matter, N's a residential use. The mulb-family development has to provide a six foot tell screen. Now that could be a wooden fence a brick fence or combination of materials or live plants, As proposed,H did Chairperson Schertz. Commissioner Moreno. Mr, Moreno. Thank you, I think you said,but soy again;how many parking spaces you anticipate to be built on this site? Mr. Reed. If the garage Is converted into a duplex, units Ina duplex require two spaces per unit. So there is four, there is currently three units in the existing structure,main structure so that equals to about nine perking spaces. Mr Moreno, So what does that do to your impervious ores? 1 Mr Reed. That's a good question. But I do believe that David Salmon could answer that question more accuralety then 1, Mr. Mont o: All right J Mr. Road Would you like him to speak on that? I Mr. Moreno. Yes, please. 0 Mr. Doneldson He would add about 3,000 square feet M aspholt Mr. Salmon: Right Obviousty with five apartment units on this lot and having to lave nine parking spaces you are going to have a considerably more runoff here then you do now r � 11. i l 7 ; x. 1 ❑ 32x ❑ 1 u � 1 • t r + r ; J I �-..+_. •�.q.vlM1 4V rv.... : ... _.... � ya.1.{'Min '�/MY.H}rY(nv.W +,"1 w h.u.. i � - � 7 Planning and Zoning Commission Minutes March 11, 1996 , Page 28 of 31 1 I Mr.Moreno: Thank you. Chairperson Scheriz: Mr, Reed,Commissioner Apple. r k`tE " r Ms. Apple My question is probably going to be directed at Mr. Donaldson for a response. And this could be just my I ignorance,but fof the second time tonight we have been, K's been recormnended that we construct a screen. And f j f then its been said that screen could be plants,that screen coul6 be ferwe in the pest we've normally had o more i specific mention of what kind of screen that was and the two instances tonight have been so vague. Have we ceased to recommend what type of screen? a Mr. Donaldson: in terms of screening this multi-family property from any single family, typically N's a fence We prefer to have a living,evergreen screen,but we don't require K. Wayne also used the term'Screening'when he was { talking about the parking lot, That would be required to be landscaped. Ms. Apple Okay, N's difficult to glean that from this If I could request lhal maybe in the future that that be made more specific. , u Cheirpemon Schertz: That's fine. Mr.Reed: That's fine, And actually I asked David Salmon to get the zoning rrd'++nanoe trial I brought with me which I have the landscape ordinance 1 made a more general stalemeM because o x landscape ordinance which is what I referred,to makes N very clear at the time that he would have to construct a screen or some type of fence. He would have to go by the requirements and N says.. } Ms. Apple: But which Is it? Mr. Donaldson: Does N as a fence or does N say... Mr. Reed It says construct a screen of a minimum of six feat in height, measures from the ground and along entire the property line of any abutting residbmial use The required visual screen shall be of materials or plants as provided for in the required screening for the perimeters of parking lots or a wood Ponce which is used In conjunction j with plant materials as approved by the department,' So, and then screening is also referred to in another section is for as the materials. Ms.Apple. Just,this Is totally on the subject,but just for Informational purposes,how do we police that?—A six-foot ! landscape fence that we require,how do we...9 a Chairperson Scheez: Building permit. That's all I know. j Mr. Donaldson Yes. We would typically make Sure that the landscaping is In place at the time that any final inspection or ceeficale of occupancy is granted, Then more than likely enforce by complaint. Ms.Apple, Okay,so that is what I was wondering. If N ceases io bs,d N dies you know dueng the,., i Chairperson Scheer That's the advantage or disadvantage of whether you go with fence because HIS going to silly there longer but what's more attractive? And that's greenery but which die—the greenery. Ms.Apple, And in a lot of Instances we've requited fence whh greenery,,. Chalrperson Schanz; And 10 further complicate things, I'm going to slop out of bounds, but I think K depends on who's working on this particular hem,whether N's Ms. Bateman, Mr. Reed or Mr. Salmon is how its presented to us 7 because it's Interpretation lust like he read In there screen, and that could be anything, and so We interpretation. y Because I've seen K presented all kinds of ways. • Ms Apple Yes, Thanks. 0 >� Mr Reed, You're welcome. 9 Chairperson Scheme: Commissioner Engetbrechl. Mr Engelbrechl I noticed Thal,and I know there is a M of Commercial zoning in place here but there Is also some Two family zoning to the well and while K's zoned Commercial N Is residential for the most part. As I compute this ]2. 32x ❑ d r � ( 1 1 • I ' n Y' • . r r , p 4++ YaNC.1 rR�I �A•' µ , Planning and Zoning Commission Minutes March 11, 1998 Papa 29 of 31 'I S Is,what they are wanted to do Is place what is in essence is 17,9 units to the acre,Is what you wind up with when you take five units on 2788 acres. kk Mr.Reed. Okay. I Y Mr.Engelbrecht That seems a till Intense to me for the area This sound&okay for one lot but d we are allowing for IE here why couldn't h be the next M as wet. And what's to slop us from winding up with cement cities In downtown's I backyard? I guess Oil's my questlom I Mr. Reed: I can't comment on the general intensity of apartment complexes In general but having worked on Felr 0eks Retirement Community recently,in that PD alone the concept plan approved 20 units per eon So at 11.21 can at least be relallve with that development. Thal is slresdy,the[form of development Is already approved. Someone was to come In PD-9 where the Fair Oaks Is boated off Audrm and Lattimore, they could deveW a Multl•Famlly district with 20 units per acre, But I don't know about other units, other complexes. Now N Commitsloner Ganter was hen. I think she might be able to speak. Mr.Engnlbrechb Fair Oake—w as that two story? I wet trying to remember. Mr.Reed, No thal was the nliremenl community. Mr. Engelbrecht, Okay, Mr. Reed, One story and they were substantially less then 17.9 or 20 units per sue Mr. Donaldson: Theywere 11. Mr.Reed Correct Mr Donaldson Pebble Brook wra Jw1 approved of 21.5,that being a two-story project, Effectively 11 units per mesa foot print Mr Engelbrecht. Eleven. And this Is effectively 18 or 17,9 plus, plus, Okay, Chairperson Schertz I think that's ell,thank you I appreciate 11. At this time we would like to ask the petitioner to address the podium and give us your name end address please and any comments. Mr.Hamblin, My name is Robert Hamblin.I live at 3305 Nottingham Chairperson Schertz Yeah,we all said we appreciate your time and patience this evening. It's not fair when you are the last one on an evening like tonight, Mr. Hamblin I appreciate your lime,too. What I'm looking at is a garage that basically not used on that property that I want to convert to a decent looking building For some reason right now It's just used for storage. And by building e garage apartment out of It. I can make a nice facllily t that area and then utilize the situation. As its toned Commercial,I could 0 aoretically puts hotel there,which Is to me silly Sul Il could be done, end really what I do is,I have to zone II Multi-Family in order to do the garage apartment. I couldn't do it under the existing zoning because k e requires a motel or a hotel or a rooming house or something like that $o, that's the simplest way I could got this thing done Chairperson Scherfs Are you comfortable with the conditions about the lance and the landscape? i Mr Hamblin, Yet. Thai's not s problem. 4 Chairperson Scherti You're line with Ihel. We Apprecfele your cooperation on that I can remember days when people wovidn't agree that Are there any other questions of the petitioner? 0 Mr Engeibrecht You have three units and you want to put Iwo units In oils empty building? Mr.Hamblin: I don't know If I went lo do two or not, First I would have to map II all oul to see N M would M suitable for two. I'm looking at student housing 13. - - ,�� �1 �' ( 3210 a t' 't (, t , A Planning end Zoning Commission Minutes March 11, 1998 Page 30 of 31 Mr. Engelbrecht: I recognize that, but we have a whole ton of that or we had a whole lot over in on area called Owsiey and we have problems because of parking and the space and oil those kind of things. And this Is all one story and I'm looking at that Intensity with the parking on the site and everything else. Theta what I'm Concerned about. Mr.Hamblin: The engineering,or someone upstairs looked and mapped N out and thought there would be plenty of room for nine spaces. And I looked at N too, and 9 you have a seven-foot wide space you eouW put eleven Cara Just on the one end of the lot hero, There Is eleven seven foot wide perking spares down here not to mention what you could do In front end over here. Nine loot wide Mr. Engelbrecht: Yea and then .. Mr. Hamblin: There Is adequate periling lot that Mr. Engelbrecht: Well that's .r Mr.Hamblin: Off the street. Mr. Engelbrechf. We",you can put the can off the street but there Is a question of the design and what If looks like and how N works as a result of the design&Bar the fad, That's why I suggested that we have Ionia facilities around the University of North Texas, some of which have supposedly adequate parking but that doesn't mean that all works very wail because N Is not designed very well. You have all cement and roof lop,or asphalt and roof lop and among other problems and Its all crowded In and that's what concerns me about this site and what you're wanting do. Mr. Hamblin. This site right now Is framed garage and I m wanting to make N look like a little small house back there. Mc Engelbrscht, And thel's on advantage,I mean improve the building but okay,thank you Chairperson Scherit Thank you I have to go through the motion$ Is there anyone in " audience to speak In favor? Anyone to speak In opposition? Would the petitioner care to make any further comments? Thank you, st this time I will close the public hearing end ask 4 staff has any further comments. Mr, Reed. Staff recommends approval of zoning request 2.98.008. Chelrperson Sohertz, Thank you At INS lime I would entertain a motion, please, M$Apple, Madam Chair,I recommend thel we move to approval of Z-98.008 Chairperson Schert2, Thank you Mc Moreno 1'II second Chairperson Scherls Thank you Is there any discussion? Commissioner Gourdie I Ms. Gourdie, I'm Just wondering with Muhl Fomily that tells under the single residential so there doesn't have to be i any landscaping So he could actually pave the whole thing. Is this what we Juet discussed or no? So he only has to put In nine spaces end no morel Mc Reed, Again... { Mr, Donaldsom. The number of parking spaces would be a function of the number of units and their configurstion as for as the number of bedrooms That would trigger the landscaping ordinance for MuNI•Famlly. f Ms Gourdie, Okay, but he, reuse I was Just going along with N and then alt of the sudden he poinled out to all these + different places he could put parking and all of the sudden I Just relived my cotlege days where people were psrking V • everywhere, And I'm Just wondering N there's nothing we can do about Thal? if N happens, N happens and Just because we zoned N Mull)-Family-11 means anything could happen out there right? Because there Is no requirements In landscaping In Multi-Family is there? Mr. Donaldson. Yes 14 . � f' 25 x ❑ 32 x ❑ , 7 r 'a n r t f `C ei,! t �u' ° , pp y�a� R `�I '� 1 Hy � C7 r •..v s,1 �' } , , '�, P i I 1 1 s MOB 1 t i t 'u. r v 1 � Ill If All rd t 1' :i...lw+.4.cra..S. u..w.,�ry ♦ ,^t?�� n. r k L s,., "�:`N.l.*'a.:.aie+Yr:.+.wMi,aW+.4..:i.w..w. »«fry' Planning and Zoning Commission Minutes s March 1 I, 1998 h Page 31 of 31 ! Mr.Reed: Yes, E Mr.Donaldson: Yes,the parking spaces would trigger the landscape ord nanee. Ms.Oourdir Thanks Chairperson Schertz, And Commissioner Gourd*whet I understood ice,that skin s why I was asking,it there is a fens requlred and wherever they,you're going to put something else and you're going reQuirs some landscape. Mr. Ra& Where a parking lot fronts a public street,a threedoot screen is requked as well Chairperson Sehstu: Okay, to I quoit when you were talklr g about 0 asphaft In my mind I at least was Seeing some kind of something there. Commissioner Engelbreeht. Mr. Engelbrecht: We've seen this garage converslon, I think I've Seen N done well in some other places in town Oars this Is worked. But not that I an rears seeing the duplex that already had a three-unt uorttplex on Me lot converted. While this Is within the downtown area and there is certainly a desire to IncreaN Uw residential arrangements located downtown, I feel wry uneomfortsble with approving five units,when In essence ere almost 1d units per the acre given this sort of arrangement. I think I could live with four bull I don't het comfortable%@I this Is going to be In the long run best interest of the area. TATS applicant may do a very,fine Job and I'm red worried about that but you can't, I ant depend on this applicant being the owner forever. N could be anyone,end the maintenance d and the way N's going to be arranged,there really h no site design. N was,the buildings were there so we convert ' them Into multi-family units and then we add a parking 101 baud on the way N happened to be arranged, t don't think w, that that's In 9+s,best Interest of the downtown with this density,and therefore I'm going to be voting against N. Chairperson Schanz N was my understanding ft(a decision hadn't been mode whether N was gctng to be a duplex , or not, Wes 1, am I correct or not correct? Mr.Hamblin: You're correct. Chalrpersoa Schertz: I'm Correct. Okay, we don't know if there to going to be two or ono. And the only other comment that I would like to make and t know Commissioner Engelbreahl and I have disagreed before on another Issue limiter to this Is again, here we hove a garage that's old and dilapidated and Just sitting there is the way N's been described, I haven't son It I've Just listened to the descrlp0on, and we have somebody that Is willing to upgrade N and make N look more attractive end provide living environment that is necessary. And. I've been told by start that edequale perking an be had and beauso of that I'm going to be voting In favor of N. Are there any other comments? Seeing none. I will establish the voling control, I will start N and I will ask everyone to pteaSe cost your vote. The voting is complete, and I will display the results, And N posses 3.2 with Commissioner Ocurdle and Commissioner Engeibrechl voting ogalrnl, Thank you fer your time this evening (3-2) • ' p f yJ Pe2031196MINUtE! ExarybONemsQ7k90oe I 0 2.5x10 32 x10 ra , I � I •f .t� 1 , 7 It .fir• A • i t ' K . . .W .•t ... r*w, rww-..• ` w,. .. • rF�Lr:NIfMb]�5L1:NtY�i9w11b1'h$'biV1A4 sNWbnA � . ATTACHMENT 3 ORDINANCE N0. li AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM COMMERCIAL(C)ZONING DISTRICT CLASSIFICATION TO MULTI-FAMILY ONE(MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.2788 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF MAPLE STREET AND MYRTLE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS,Mr. Robert Hamblin,his applied for a change in zoning for 0.2788 acres of land from Commercial(C)zoning district classification and use designation to Multi-Family One(MF-1) zoning district classification and use designation;and WHEREAS, on March 11, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS,the City Council finds that the chanba in zoning will be in compliance with the Denton Development Plan;NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5ggja , That the zoning district classification end use designation of the 0,2788 acre tract I of land located In the William Loving Survey described in the Iegal descdpdon attached hereto and incorporated herein as Exhibit A, is changed from Commercial(C)zoning district classification and use designation to Multi-Family One(MF-1)zoning district classification and use designation,under the comprehensive zoning ordinance of the City of Denton,Texas, &ction I . That the City's oRidal zoning map is amended to show the change In zoning district classification, dui. That any person violating any provision of this ordinance shall,upon conviction, be fined a stun not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Section 1V, That this ordinance shall become effective fourteen(14) days from the date of 1 its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be rublished twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, 'Texas,within ten(l0) days of the date of its passage. ! PASSED AND APPROVED this the__day of —f l998 ! ! JACK MILLER,MAYOR J 16 , 1 M if r .� . , T t +. r „ � 7.` n •1 b ("Tl � La ��� 1 � -.7 l '1�1 ���� � 1Y 1i 1�. S l I Al r( I• F x ` a F + ' loop " + r I F ,I .,.n ha, wwso WwwGL..�rrr%r++.rWtrF.r MMmAV � r� �` 1 ` 7�u i ` '.av�iaEw+hb�l+w#rkAn'wew .w..we � .w.i.: 1 n � c� • + a I ATTEST, )ENMFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L.PROUTY,CITY AT'T'ORNEY BY. € :r k , r r . • _ 1 1 1 y� i 17. rr -- 25 x 10 32x ❑ n s; fi Al l'A(II)IIA 11 4 Z-98-008 ( 216 NIAPI,F ) PHOTOS oil r Photo 1. View looking northeast across Maple Photo 2. View looking northwest across Maple Street towards southwest corner of subject Street towards southeast corner of subject property, Existing apartment building in property. Existing garage is visible on the back foreground half of property, 7;r � ya r Photo 3. Vow locking northAosl across Maple Photo 4. View looking south towards houses Street tcwards t)ouse located on the other side located across Maple Street from the subject of Myrtle Sircet horn subject property property These residences are also located within a Commercial (C)zoning district i photo 5. View looking northeast across Myrtle Photo 8. View looking south down Myrtle Street G4cet towards property located to the north of at abandoned structure located across Maple subject property Fhoto shows that the existing Street from the subject property. land use in the Commercial ICI zoning district is re5dential 18, j r `Y� ! I 4 j' , r1 • O 1 "ism" ., .. .. . .. .z ..,.',!` �{'o. Y,u.c ... ,.wa�,,Rr;�,♦*NM6".k#.ifu!,Yb,n¢^es%kw^qd'FFVQQw"M��*dwK', r q+v.�,•.• AaendM Na AGENDA INFORMATION SHEET Apertda Itcm� Date... AGENDA DATE: April 7, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla,349-7715 }� j i SUBJECT — Request to Rezone (Z-98-007) Hold a public hearing and consider approval of a request to rezone 1.203 acres of land from Office conditioned(Ole])zoning district to Office 0 zoning district. The property is located on the west side of Hinkle Road, north of Greenbrier(also known as 2301 Hinkle)and was rezoned from Single Family (SF-7) to Office Conditioned (Ole]) in 1996. The proposed rezoning would eliminate four zoning conditions placed on the properly in 1996. (The Planning and Zoning Commission recommended approval of a change of zoning to Office, conditioned (0(c])zoning JJ district with nine(9)conditions) BACKGROUND The applicant requested a change of zoning from Office, conditioned (O[c]) zoning district to Office (0) zoning district for the purpose of further developing the 1,203 acre (52,400 square feet) tract at 2301 Hinkle Road. The proposed rezoning would eliminate four zoning conditions placed on the property in 1996. See P and Z staff report. The subject properly at 2301 Hinkle is in a neighborhood dominated by single-family residential uses. The conditioned zoning was enacted in 1996 to mitigate potential negative impacts resulting from conversion to an office use of a former church / school building of about 3,500 square feet allowed in a single-family zoning district, Elimination of the conditions attached to the zoning district would allow development under the "straight" zoning requirements for any use allowed in the zoning code, These include a required 25 fool front yard setback and 10 foot side and rear setbacks adjacent to residential uses. No other zoning regulations would apply, The Planning and 'Zoning Commission analyzed three scenarios during their deliberations: ' • I. Office(0)zoning without conditions(as requested by the applicant): With side and rear setbacks of 10 feet, the buildable area for the lot would be approximately 36,000 square feet. With no other conditions,the let could accommodate as much as 24,000 square feet of single-story office space and 26,000 square feet of off- street parking area - one parking space per 300 square Net of developed area and 350 square feel per parking space and associated access space, With no other conditions, the remaining undeveloped area could be as little as 2,400 square feet(5%). 2. office (0) zoning with the condition of a 55 fool side yard setback on the southern side of the properly(as c irrently:oned andrecommended by siap: With a north side setback of 10 feet, a rear setback of 20 feet and a south side setback of 55 feet, the buildable area for the lot would be approximately 20,000 square feet. With no other conditions, the lot could accommodate as much as 20,000 square feet of single- 2 . ' ,:, r err ' ' �" S 1 � <• fi1017MC/ � r i � R l h .. -n; •i�r. rwbsJSSaew;.mt4!ai.«plW. m.w- � story office space and 23,000 square feel of off-street parking area, and the remaining undeveloped area could be as much as 9,400 square feet (20°/a). 3. Office (0) zoning with the condition of a 20 foot side yard setback on the southern side b of the property(as finally recommended by the Commission), With a north side setback of 10 feet and rear and southern side setback of 20 feet, the buildable area for the lot would be approximately 32,000 square feet. The lot could accommodate as much as 24,000 square feet of single,-story office space and 26,000 square feet of off-street parking area, and the remaining undeveloped area could be as little as 2,400 square feet(5%). The intensity of development is commonly controlled by three types of requirements, often working together: 1) the required yards as established by setbacks,2)a limit on the floor area of development, and 3)the amount of lot allowed to be covered by development, The Planning end Zoning Commission recommended nine conditions to allow for some expansion of the office and accessory building area on the property while preserving the integrity of the residential neighborhood. As recommended, the condition relating to impervious surface controls Cie amount of development. The conditions recommended by the Commission are: 1. The use shall be limited to offices,professional and administrative offices and associated accessory buildings. 2. The area within all buildings shall not exceed 12,000 square feet. (Staff recommended that all buildings shall not exceed 10,000 square fees) 3. There shall be a twenty(20) foot building and dumpster setback from the southern property line,a twenty(20) foot building and dumpster setback from the western property line,and a ten(10) foot building and dumpster setback from the northern property line, (Staff recommended a fy?y-five(SJ)foot building and dumpster setbackfrom the southern property line) 4. Exterior lighting shall be shielded so as not to directly illuminate adjoining properly. 5. Impervious area on the property shall not exceed fifty(50)percent of the lot area. 6. From the midpoint of the southern and northern property lines, extending to the rear lot line,and along the rear lot line,there shall be maintained a twenty foot buffer yard, consisting of landscaping,within which no less than twenty trees shall be maintained. In addition, an evergreen hedge shall screen the southern edge of th':current asphalt parking area from the res!dences to the south. 7. No open storage of equipment,materials or commodities shall be permitted on the " ! property. S. Storm water shall be directed to dra°n toward Hinkle Road so that storm water is not allowed to drain toward adjacent residential areas. 9. Development shall be limited to single-story construction. City Council may wish to modify the condition regarding lighting of the properly to prevent the diffusion of light into the night sky, pROR ACTION I REVIEW(Council Boards.CommlssipA,1) .J The Planning and Zoning Commission recommended approval (5 — 1) of a change of zoning to Office, conditioned (O(c)) zoning district with nine (9) conditions at its meeting on March 11, 1998. The dissenting vote favored staff recommendations for conditions 02 and 0, I ti n, :,o-n+ ( Rff,fr d�. u'e;wlrh,ir lr hx 2 >ti � 32 x . 1' o i' e r xt I/ 1 •5.' l i r � ° t a4' � :.Y� `� `'r It F V r tr S` r P rrppr S r. y� a 1 3 aff ti^�tt t �� +I 1 .. t , �. thrl 1,r, r pr � 5•� {I`3 ' � ..b R � � >> JAS .na , 1: yo iii.; � 51 M1 "Now" t0 d: 1. r 1 � r 1� t r °v FISCAL INFORMATION New development will contribute more to property tax revenue than the existing structure. i - Development will also require local government services. Public improvements by the developer will be required to further improve this property. ATTACHMENT ,''•s k. P and Z Staff Report,2301 Hinkle(Z-99-007). Minutes, March 11, 1999. . 2, P and Z M s e 3. Site Photographs. t 5 'i 4, Draft Ordinance. j' t Respectfully b / avid Hiil 1 , Director of Planning and Development r5 t Prep ed by: l Mark Donaldson Assistant Dircclor, Planning and Development t ' r 1 • , it r .. 1 : ,•. � F plc I 1 1 I f. 16 h,n unn nnI RgNn 11 0 4Ai da PP U 10 3 a� t 2S 32X10 ' * A p l I -• 1 A • r A r , E � C e • ; r! j �. � -. - ' • ... ..._:�._._._..rr r..w-.M w•W.+aMwM•ertMle•'.w.vM'MA�1N1'.WI MME r C0)zoll uoa Witvvvv 6evld��'ov►4 a �c 30' Reow. MLY .%I bA &J. J' 43115, 1 J —'— 71' Is r G� ROBERT BEA UMONT SURVE YY�31 00 1 !fi [xaTl \ IN 9'€`011.ROTC foK Af S• �� y� .OOYLM0 cow_ 1��,aj71 ' E IK MAT,N WON UAL1 A j 'Ij r COL 4A " f It At fOK t 0 i � log 6it{� iekA t.LH L '� 1 A, r x Ir 11' '• Ui{r KMGI !,• ►--- 1 / It 1 lOt { LOI A LM LOT 1 ---M° xosl�kwnti AV tot I L I 1 l F!"W" 1.901 ACMI A 9 o�a) �il- Any A 52,4WD. 4Y — 4,1601; K aa•w. 1•04*011 ra 4$0240 L 32A r, 4 , r •S • O 1 t Y ' 4 11 Y 1 e i ,. I «. ,..�... ._..:... .�• " 'i ." ......4_....-...+.—.a..:.....�.w.r.owwwYMwYYYYMMYYW� .1.. .. r 5c�riar�n k2 : No ��� �� ep ng I��� s, 1c tq� te' rears�ba • � �iLN�0V1 ,ip°!� l ml or�cv. i I sr Ar ss.r x 6 ROBERT BEAUMONT SURVEY-31 1 riu"� s \\ �isoa a ca�c�a 4 S l � ��u • asAwis�.sRra \ � t � 9 t„ k rr ra lMlrl�I�MM PTA" f rrAL E :oK r I + • _ Krs�(swn° o�° 0/ �w �°r, lhf _...... _ ... r?, _. .. _ .... .._ nj 414 oil or lay ! CN, A.�p Mi 111JC I lot 7 L tOr rnewons ,,v 'Y l�rs+Kgr NIA;At Aron 35d' x 56 a !`!, 5'25 , 'f ad A Araa s 51, 400 !�I. V�, — 41140 61A. PP. Wc400 = 46,00 - - 2b . 32xl0 f � ;•t�V.� tY f r � p: tM f •�� � � J Y �. d f r . I i 1 I 1 Z . V � f i n �7 r `J d 1 l • y `S lrrt utlll 0019 I 1 { o�� l >r ROBERT BEA UMONT SURVEY --31 ox e � n \ kid, a COWL KAI s �I BSI alt ARKM Coym Cow. w k E ?Ht Out loll WON Rot MOtM tt'� 4 p loll 1 �i OK Al ir. w er n t r U!.ir r(el "tt r r3 >l l tot ! 1JiMteyfr ply[ lot a tort MWD NMI . OU. 1110. MI IJI OC.f •I MACtll iy M1 Q ro�(ih�s►iz �vilt��rt� Aria r �m mea con, "��'a l 5� /��� 52, 400 �J• �, 4,1(►� �J• �• }�D b. Gicovr 4a�?s�o 614 f t: er w > w 10 32XC y n, O 'o- .tr ..+ .":A.ki�k`rA', $d as4i»r d..Y .e - ., _. .,.,.,...... rri+tA✓w.wx.•rerdwlsx dne'-r4.D»caw,» � s...;+, ATTACHMENT 7 i PLANNING AND ZONING COMMISSION STAFF REPORT 4 Sub Request to Rezone 1.203 acres Case Number: Z-98-007 Subject: q 2301 Hinkle Road Staff: Mark Donaldson Q&: March 11, 1998 GENERAL INFORMATION Applicant: DBR Construction Company 2301 Hinkle Denton, TX 76201 Owner: Don Richards 507 Headlee Street Denton, TX 76201 Action: Hold a public hearing and consider making o recommendation to City Council concerning a request to rezone 1.203 acres of land from Office Conditioned (0(c))zoning district to Office (0)zoning o strict. Location and Size: The 1.203 acre tract is located on the west side of Hinkle goad, north of Greenbrier and south of Haggard Lane (2301 Hinkle). Surrounding Zoning and Land Use: LOCATION iaNINO LAND USE North: Agricultural (A) Undeveloped South: Single Family Single Family Residential 0 (SF-10) East: PD-21 Undeveloped portions of Good Samaritan Village SF-16 Undeveloped • West: Agricultural (A) Undeveloped p Denton Development Plan (DDP): Low Intensity Area#23 (84% allocated) 7. 32x � Q I • I I Mum C O . . ,,. ..w.wLL..uN •. .. . ... .... .. .. ...... ...... w ♦-wryy vaxFwnri.l,•Le Ji V•K Ydynf'W 2rw1r+. � w Ar+ Z-98-007 Page 2 BACKGROUND This property was originally developed as a church and subsequently used as a school, within a Single Family (SF-7) zoning district. { The current owner of the property requested a change of zoning in 1996, from Single Family (SF- 7)zoning district to Office, conditioned (0[c])zoning district to allow the use of the property as an The request was approved in 1998 Ordinance 96-089)with i n business. ( i constructo office for his q PP four conditions: 1. The use shall be for Offices, Professional and Administrative only; 2. Maximum square footage of all buildings constructed on the property shall not exceed 5,000 square feet; 3. There shall be a fifty-five (55)foot building and dumpster setback from the southern property line; and 4. Lighting shall not directly illuminate adjoining property. The owner has now requested to change the zoning by removing the conditions placed on the property with Ordinance 96-089. SPECIAL INFORMATION This property is not platted. Additional development on the property would require platting. Platting will trigger the requirement for public improvements such as right-of-way dedication, easements, sidewalks, and drainage improvements. The conditions placed on the property in the Office,conditioned rezoning were put in place to eliminate the need for additional pubtic improvements and to minimize the effect of the office use on the adjacent residential subdivision. The setback and building size conditions reduce the amount of runoff from the site, subsequently reducing the property owner's need to participate in upgrading the drainage system In the area, NOTICE Notice to the public was mailed February 24, 1998, to 25 property owners within 200 feet of the subject property. As of Thursday, March 5, 1998, three replies have been received: two in favor, one opposed. At this point, those opposed do not constitute 20% of the area within 200 feet of the subject property. ANALYSIS Staff cannot recommend removal of all the conditions from the previous ordinance; however, 9 the property owner is willing to meet the requirements for public Improvements that may be triggered by platting the property, tt seems that mod fication of some of the conditions may be warranted. In • addition, other conditions consistent with recent zoning cases should be considered. O • Ujul. The Office zoning classification and use designation alloo.vs many different types of uses, ranging from boa•ding houses to research laboratories. Staff recommends allowing accessory buildings on the property, but no other uses. Developed _�Area, The property is more than 52,000 square feel In area. The ordinance that rezoned the properly limits the square footage of all buildings to 5,000 square feet, This 8. i r s C MUCM F 007 3 ; seems overly restrictive, as long as the applicant understands that new development may trigger public improvements necessary to accommodate the additional development. Staff recommends allowing additional square footage, up to 5,000 square feet, for a maximum of 10,000 square feet. j Set c . The 55 foot building setback from the southern property line reduces the buildable area of the property by nearly half. It roughly corresponds with the southern edge of the existing building. Although the percentage of the lot available for building is significantly reduced, an actual area of over 18,000 square feet remains can be used for buildings. The larger setback allows a better buffer for the residential subdivision to the south. Lighting. The current condition protects the adjacent residential properties from spill-over light and seems reasonable. it is consistent with recent conditions placed within many other rezonings. Impervious Area. Equally important as developed square footage is impervious area. Impervious area is surface that does not allow water to be absorbed Into the ground. Currently the site has about 27,000 square feet(about 52%)of impervious area. Typical single family lots have less than 50% impervious area. Any future development should not expand the impervious area on this property. The existing paved parking lot provides a logical building pad for any future development. Buffering, Recent conditioned zoning cases have required a buffer yard with tree plantings ! between nonresidential development and adjacent residential uses. A buffer yard at the rear of this property would be appropriate. Outdoor storage. Tho minutes of the previous zoning case indicate that the applicants did not intend to store any materials outside on the site. This should be made a condition of the zoning, RECOMMENDATION Staff recommends the following conditions associated with this Office, Conditioned (O[c])zoning district: 1. The use shall be limited to offices, professional and administrative offices and associated accessory buildings. • 2. The area within all buildings shall not exceed 10,000 square feet, I 3. There shall be a fifty-five (55)foot building and dumpster setback from the southern property line, a twenty (20)foot building and dumpster setback from the western proaedy line, and a ten (10)foot building and dumpster setback from the northern properly line. 4. Exterior lighting shall be shielded so as not to directly illuminate adjoining property. A 5, Impervious area on the property shall not exceed fifty(50) percent of the lot area. 0 • 6, From the midpoint of the southern and northern property lines, extending to the rear �00 lot line, and along the rear lot line, there shall be maintained a twenty foot buffer yard, consisting of landscaping, within which no less then twenty trees shall be maintained. In addition, an evergreen hedge shall screen the southern edge of the current asphalt parking area from the residences to the south, 7. No open storage of equipmont, materials or commodities shall be permitted on the properly. _. y, tt,r 32 ,X I II � r s ,. , 6 . ti � ', v � , � r. ALP e e y r r,•,Y .4.. s n ,, st i 0 I, n `•�, ' S r '^is. 1, t f. ' rvw,�Ylas�len•e•NMIF:.OiyIAW'd "d 312 Ni�r��n?rf.`X15,�',80k2'llh7 @��P4C►ApE�YML"+W �.a„�vW*�w..a-,J..S.i.a:.,...,uau Z-9&007 Page 4 MOTION as presented b F 1 move to recommend approval of zoning case Z-98-007, subject to the conditions p y , staff. ALTERNATIVES 1. Approve as recommended. 2. Approve with additional /fewer/other conditions. 99 3. Deny, finding the proposed zoning incompatible with the surrounding area. i 4. Postpone consideration to a date certain. ENCLOSURES ' 1. Location map. ; t 2. Survey plat, April 9, 5996, 3. Letter from applicant. l . r; 4. = Ordinance 96-089. 5. Minutes from March 13, 1996, Planning and Zoning Commission meeting. 6. Permitted Uses: 00" Office District. r r I 2C. ) 32X h• ; o .V-*Mb ENCLOSURE 1 ` __MEEADO 8� 007 � ADO + _ W RIDGE DR. � I, ! �0 _ �_.__ a TJ Z }LAGGARD_- ---- - -- - — L � ---- 1 __ _�__ GREEN AR _ - -1- 1- 1 A SA - � l cl 1W 1 J j �i MANE f flip r k, I i 11• 32 " I Moog C I lf. 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T,411Ct N I f Ar F.100 N 10 N NN n W N4"b Al.M1 "Ra1,IW MnA•17t!•A•rIMM1,M/7►IR/� MO.N'+N Ave ft"tAwM,w 141fA b M G I mew,ONew { rW PP Cw.M M ot Awl Pew D�C .* IMF b M M M W b w W pm bM M 0044"vent I N w e /bM TO T41 LRNIIdO4R1 IMMO M C°MR1 L4"kft"1141 OP TNt .MA5P111�A 6 MN•N OnNN N,rAr meW P VaNwN Ott,/� PN1N,Lt/M-A,10 AM TO eMICO LA40 I'M COMUII i C 0 ,r.1l, aw SURVEY PLAT 1100..A sA, . . iAeJl<r11 Pal.f NeMIPI/11FY.'y._.��11/j P'nAM�N,.w °,MIN✓1wkM AeNl 1.«.MAw IVwl�Rti w,FI.H l`HSw1 N 01-m 11,131 Tb V.I.M,w.ww It w r W"NN , I ar 1.203 ACRES IMrve1r As 1wMwJ°v 1.../NwNer INM.n.INA ly ww lN.L MnNrwn r1P lw'RR/NwLMetAa Rw aYM Pllwwr Nn/w 1 IN THE ' I Men 4 Ma11 w Ms.NneN 11.1111 N NM.er1 N PM NuwA. �I M 1 M TN A.M ww•,ww W M MrN.,1eM I.ArA,taw oNse ce.w. tome n..wiN°+.»b.�r.«.I,A+A.°,N1 srN•A N�w�+.q.N►+r^I ROBERT BEAUMONi SURVEY A-31 O THWIS rli/I, CITY OF DENTON • Ielr,eN•w.Few.111C MAw•All w NII R w wn M 4v,1 b 11. Ta MrOO.P�PN w IRwP1 P.A.h M w w...el.+.l+ ., 1NNM1 N1 COUNTY, M/w,lw.A W 4HNw 0413!Ives 1 PM b wnwl NWQM, ArewNf,Iwo.1M%rlti Pry .w Ns~PNN"N"Mww #.Ak%PPwwV,1 PUCHASER DMA CONSIA1,CTON 4711 f'11 "mm p Tl[NCI IOUM 111 ANt a1 W PMe MPU1t101 YOeN110 ti Ire.MM M Aal IMM aew M r EOIPANT. IIC P �M�t!O7wm.I Nr../.fM001 aw NR wwPNw+PwY IrNN 41.ew1rMMN INN A°MIM 1j IAND)AA K. �ENT01� 1111A� teHt i .r.Me.1.P.nea wAJ11ed N.It 1 R (1171 11HOM 11N,1+%rti NNwnw7f0i NMNOM hMPN N1MM IwueAN IN.wIM, IURVATORI. INC. fAX (117 117.1714 AMI M,•M n�P L NR IMM N N 1 " M1 ArwMN Iw w 7w N H IIw 1 w► M0 1NPp SAM*LAND ORA"We.ry., __%117:j..}Q,CATU.&NAl�M1. _p V J04M- ILI R -q1I 2 El 1 1 i l y r '1 . mot.n.x wh, S w:ar+W.•i.vrx. M, � .w.rW.Y.YF+bna.lwawwriWMr.vhwnt4�w1•n.wvw � ,4+.� � 1, y y ENCLOSURE 3 I. y Y CONSTRUCTION COMPANY P.O.sox e29 Denton. Texas 76202 (8 17)393.3007 1 February 13. 1998 i City of Denton. Texas Development Review Section City Hall West 221 North Elm Street Denton, Texas 76201 RE: 2301 Hinkle Street Denton. Texas 76201 1 To Whom it May Concern: Please be advised that our property is currently zoned Office iconditionl 34. We are requesting that these prohibitive conditions be eliminated and/or modified to meet the conditions for office use zoning. Under our current zoning conditions we are subJected to a fifty- five (551 foot building setback from our southern property line. the property is approximately 122' wide. making almost one half of the property unuseable. We also have the condition that the total of all buildings constructed may not exceed 5,000 square feet . The existing building has approximately 3.500 square feet , which means we only have an allowance of 1 , 500 square feet for any and all additional buildings . We would also like to have the option for covered parking, but under the current conditions we cannot have an acces•,ory building, p Linder the existing conditions the property use is very restricted. We would like to eliminate theso extreme conditions ' and to obtain office zoning, which would allow us optimum . utilizaion of our property. 1 w:,�uld like to thank you in advance for your consideration and I look forward to hearing from you in the near future . Sincerely. I Don Richards President f DR/sl) 13. .. 32x1 ❑ n � t A � .•Y A � � e•�� � A ✓. Y 11! � i Y • Em • .♦.. mu .w .,.. ♦ ♦ m..wYa'uJ-k.W]N�n'wWAAlr14.1Sn lbill�XM YJ..•A•su � rl.. .':• ENCLOSURE 4 4•/ ORDINANCE NO. `7(P-0 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND 4 USE DESIGNATION TO THE OFFICE CONDITIONED (O(C) ) ZONING DISTRICT f CLASSIFICATION AND USE DESIGNATION FOR 1.211 ACRES OF LAND LOCATED ON THE WEST SIDE OF HINKLE DRIVE, APPROXIMATELY 500 FEET SOUTH OF HAGGARD LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000. 00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Don Richards, on behalf of Me. Rhonda Banks, initiated a change in zoning for 1.211 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Office Conditioned (0 [c] ) zoning district classification and use designation; and WHEREAS, on March 13, 1996, the Planning and Zoning Commission recommended approval of the requested change in zoning; and 4 i WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 2 , That the zoning district classification and use designation of the 1 .211 acres of land described in Exhibit 1, is changed from the Single Family 7 (SF-7) zoning district classifi- cation and use designation to the Office Conditioned (0[c] ) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. The shall use be for offices, Professional and Adminis- trative only. 2 . Maximum square footage of all buildings constructed on the subject property shall not exceed 5,000 square feet . • 3 . There shall be a fifty-five (55) foot building and dumpater setback from the southern property line . 4 . Lighting shall not directly illuminate adjoining proper- ty. SECTION LI. That the City's official zoning map is hereby • amended to show the change in zoning district classification. 0 • SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 .00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. i 14. 32XIO .,•� 11 0 r 14 .11 dv [. 1>ei 44 J. r.a i.♦.ry ... [ l t4'?r : r�'i1'k ��.nw.M.evfwr+tiwrn•.ra....naa.. .,.FUG . SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby irected to cause the captio n of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper I published in the City of Denton, Texas, within ten (10) days of the i q date of its passage. i i, PASSED AND APPROVED this the day of �", 1996. I( t 1 Ns ' BOB CASTLEHBRRY, MAYOR 6' ATTEST: JENNIFER WALTERS, CITY SECRETARY ` BY. A =ED TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY i BY: PAGE 2 15. 1 ?5 x ❑ 32X10 ` y r � < { � { � I•' ',e{ ju � I ,�• y, 1. 1}1 . .l r !i t a 4 4 1 rw 5 i• . •! ♦.. r. ' `�^a 4rl .L. «<+...tr.._. ^ A„W "�C '� r �' d �i v-s.,..$.w,un u^r�ibnrwti.....,. . �.....0 � I It r19LD NOT95 1 .211 ACRsB € s uc � nn 1114 that cortotn lot, tract, or parcel of land F �' situdted in the Robert Seauslont Survey, Abstract Number 1i , in the City anA County of Denton, Texas, being a part of that certsi0 tract of land conveyed by deed from Leroy M. Hove to The %hurch in Denton, recorded in Volume 914, g Page 518, Deed Re,ords of Denton County, Texas, and being 4 mnc.a particularly oitscribed as follovel 139GINNING at a 60d na11 sat tot corner in Hinkle Drive, a Public roadway, said point being the southeast corner of said Church in Denton Tisett THENCS N 88']0'00' W, pass at 11.09 feet an Leon rod found for west line of Maid Pool, a total distance of 175.61 (net to an iron rod found fog cocne[1 ( THENCE N 01' 26'79' E, 121 .50 00 with the remnants of an ` old fence line to an iron cod stt for corners THENCE S 88029140' E, with the timnants of an old fence ` line, pass at 411 .46 feet an iron t+d set for west line of said Road, a total distance of 412. 5 feet to a 60d nail set for corner In said Roadi THENCC South, 121 .50 feet with said po.d to the pf.ACE Or I BEGINNING and containing 1 .211 acres 0: land, of which 0.059 acres lie within public roadway. (Comm)nly known as 2701 Hinkle Drive) { of 1L fl I } f *2`' 1 � f I' - I ' O�a!rm_ 16. --- - r 25 .E n 32x1 ❑ I ��➢dCiew r I � I r i 1 4 jo ENCLOSURE 5 P&Z Minutes Match 13, 1996 Page 2 i backup. if this were a normal zoning case there might be some concern about strip commercial but E this is an existing property and has been used for the last ten years as a business park. We did get three responses to our notice and all of them were in favor but one of them we couldn't count because it was not signed by the owner of the property as listed on the tax rolls. We are recommending approval without conditions. Mr, Powell: What is on the property now? Mr. Reeves: There are five buildings on the property. Ms. Russell: Would the petitioner care to speak? Mr. Diamond larval: My name is Diamond lamal and i represent Bizplex Incorporated and my address is 2107 Shumard Oak Lane. 1 have some pictures of the property. Bizplex acquired the property in 1983 and prior to purchase we visited the zoning department and they identified the property as being Commercial. Denton Business Park was built with full approval from the City of Denton and a foul plat was approved in 1985. To the best of my knowledge Denton Business Park has been used commercially for more than ten years. Nis. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final remarks? Mr. Powell: I move that we recommend approval of this request to rezone 3.1176 acres known as the Denton Business Park Addition, from Agricultural (A) zoning district to the Commercial (C) zoning district. Mr, Cochran, I'll second that. Ms. Russell: Any discussion? Ail in favor please raise your right hand. Opposed same sign. Approved. (7-0) o �. IN,, }iota+ + riNrr, hearing .me ^ r::ider a request to rezone 1,211 acres from the Single Family 7 (SF '' ' zoning district to the Office Conditioned (O(cj) zoning district, The subject property is located on • the west side of Hinkle, approximately 300 feet south of Haggard Lane. (Z•96-003) 1 Ms. Russell opened the public hearing. Sir. Reeves; This piece of property is located on Hinkle Drive south of Haggard Lane. There is an existing building on the site that in the past has been used as a church and later as a school. Mr. Don • Richards, the applicant, would like to use the property for an office building and that is the reason 0 • that Ae are here today. We sent out twenry-t%o notices. We received four replies in favor and ore reply in opposition at the time that the staff report was prepared, One of the replies that we received in favor At couldn't count because again it wasn't signed by the property owner that appears on the tax roll. We did have a neighborhood meeting last Thursday. We had one person attend and it was the person that was opposed. This request is fairly consistent with the Denton Development Policy and the only one it Is not consistent with Is the separation policy. It Is within a half mile of the 17 , „ Ire :�2X0 �7 1�==W02110101 py- t K f f54I • r P 1 Al C. P&Z Minutes March 13. 19% Page 3 Hinkle and University Drive intersection to the south and then there is Good Samaritan Village and Sterling House to the north. Staff is recommending this with some conditions. The uses would be for offices, professional and administrative only. The existing building is thirty-three hundred square feet and we are recommending that the maximum building square footage on the propety be rive i thousand square fat. The intensity policies of the Plan would allow up to a five thousand square foot building to be constructed on the site and still be consistent with the plan and that is what we are recommending. We are also recommending a fifry-rive foot building and dumpster setback from the southem property line. The existing building, from the wall to the northern property line. is ten feet and with the roof overhang it is probably closer to about three or four feet. It is almost at the northern property line and any additional buildings wilt be built at feast that far away from the :cis',-rAial neighborhood to the south. We are adding a condition that the lighting be kept on the property m►d not oilcvdy ill'utr n_tc adjoining property,. Ms. Russell: Would the petitioner care to speak? t Ms. Lae Richards: My name is Lee Richards and my address is 507 Headlee. My husband and 1 are looking to buy this property to use as an office. This is our neighborhood and we won't do anything t but to try to beautify the property. We don't have any problem with the conditions. There was a Montessori school here and I think our company will have a lot less traffic than the school. We are 3 ', going to use it as an administrative office for our company, DBR Construction, Ms. Russell: 1s there anyone to speak in favor of the petition? s Mr. Truitt Lreake: My name is Truitt Leake and I live at 1210 Greerbriar. 1 have lived there for twenty years now, I am in favor of the petition for a couple of reasons. 1 am sure that these folks will be beuer neighbors than the previous owners, There are street lights on the property so that the whole am is lit. The lot is two hundred and forty feet deep and without the lighting we would have a lot of problems in the parking area. It has approximately a hundred by seventy-five foot asphalt parking lot behind the building. 11wre is a drainage problem. When the church originally built their parking lot it was not designed to drain towards the street it drained down between the lots. The previous owners dug a ditch so that it would drain to the street. Hinkle has a flooding problem and 1 would like to see this resolved. We do have kids that drink beer in the parking lot and if a gate could be put in to keep kids off of the parking lot at night that would be helpful. 1 wou" :'::c to see the lighting kept because the owner of the property does pay for the lighting which protects our t property, There is plenty of space for them to put in snottier building. The only nuisance that we { have is kids in the parking lot after hours and the drainage on Hinkle. Ms. Russell: Is there anyone else to speak in favor of the petition? is there anyone to speak in opposition to the petition? Would the applicant like to speak In rebuttal? • I Nis, Richards: We have looked into the drainage problem and it is my understanding that the money has been dc_ignaned for that project from the last bond elution. I think that the gate is a good idea. f1 '.Mr Morino Would you be storing amtNng on the property^ t Ms. Richards No, we would not have a construction yard, if we did store any thing we would build enclosed garages, 18. 32xIL r S r ey. 'y,s.'�� • .1 71fiR1Y1E1 - P&Z Minutes March 13, 1995 Page 4 Mr. Robbins: You couldn't do that because the only use that this ordinance would allow would be the use as rm office and storage of construction material would not be considered incidental to that use. Ms. Richards: That's fine, we don't need to do that. ` Ms. Russell: We will close the public hearing. Any further comments? 11 Mr, Powell: Why was this zoned Single Family? i Mr. Reeves: A church Is it permitted use in every zoning district and as far as the school goes I don't know. I don't know the details about the Montessori school. Ms. Schertz: I move we recommend approval of this request to rezone the 1.211 acres from Single Family7 zoning district to the Office Conditioned zoning district subject to the following conditions. (l) The use be for offices, professional and administrative only, (2) the maximum building square footage of five thousand, (3) a fifty-five foot building and dumpster setback from the southem property Y line 4 lighting that would not directly :llurninate the adjoining i nin g property. 1 Mr. Jones: "Nond. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) V. }fold a public hearing and consider a Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center. The subject property is in the Single Family 7 (SF-7) zoning district, and consists of Lou I, 2, 3, & 4, Block 4 of the College View Addition. rnd is located on the north%est corner of Davis and Wood Streets (Z-95-044) Ms, Russell opened the public hearing. +r, Qeeves T}us is , S; aid. Use Pertrui for a parking lot across the street from t)x• Sullivan• • Early Development Center. We mailed out twenty-seven notices. We received two replies before the staff report went out and both of those were in favor, unfort_,wely one of those we couldn't count because it was not signed by the property owner listed on the tax roll. Since that time we did receive a response that was opposed to this. The map in the backup was Incorrect but the big map that wu irydoded with the packet was the correct one. As)iti can see there is going to be a lot of landscaping on this parking lot. The analysis in the staff repon finds that this is consistent with all of the . requirements of our zoning ordinance regarding Specific Use Permits. A neighborhood meeting was held on March 5th and one neighbor attended and was in favor of the request, We are recommending • j� approval, Nit, Moreno. Is a hackberry a prot&ted tree? Mr, Reeves! The ordinance does not distinguish by type of tree but by size, If it is ten inches in caliper then It is a protected tree. 19. ' 2 X I n ti .a , o , .w r 0 +. 1 08011 Office nistriot l PERMITTED Q9E91 ATTACHMENT 6 Primary Residential Ungs One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel j rducational, Institutional 6 Special Uses Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) E Hospital (Chronic Care) institutions of Religious or Philanthropic Nature Public Library Monastery or Convent I Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School , Private Primary or Secondary School, Public or Denominational School, Business or Trade Utility, Accessory and incidental Uses Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Fire Station or similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off-Street Parking Incidental to Main Use Off Street Remote Parking Sewage pumping Station • Private swimming Pool Telephone, Business Office Telephone Line i Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Recreational and Entertainment Use • Country Club (Private) with Golf Course • • Public Golf Course b eA Public Park or Playground Public Play field or Stsdium Swim or Tennis Club I Trans ortation Related Uses Railroad Track or Right-of-Way 20. -- - - � � Ki �� 32x10 .1. I • r ;nit t' 0 i i i fY111g57� , rid office 9iatrict (continko Retail and service Type Uses Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health AgrIcultural Type Uses Animal Clinic or Hospital (No outside runs or pens) ff Farm or Ranch !! PER*iITTED USES 1:ITM APgRQVZD APTCIFiC USE PERMITS rd"Cational, Institutional & Speoial Uses Cemetery or Mausoleum Fraternity, Sorority, Lodge or Civic Club Home for Care of Alcoholic, Narcotic or Psychiatric Patients utility, Ac4nea4Qry and Incidental Uses Public Building, Shop, yard of Local, State or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Transportation Related Uses Airport Landing Field or Heliport Commercial Parking Lot or Structure I Retail and Sere{ce Tvpe a Cafeteria { Mortuary or Funeral Parlor Restaurant Commercial Type Uses Scientific or Research Laboratories YARD REOUX pMR MENT81 Front Yard: Minimum 25 feet. I ` Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from 1 a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided, 21 . 32XIO d F r 1 0 r 1 r r i i . y; I • f I a ' i ' r , r •1 r r'S I 7 l f ,I J r a S . J11 ♦iwlwr. .0 Mrws.. I . .5 .Y 4F l i wh.euPOUA tMYuw •• a,.r/X. F�MnMe � ..n. Offias District leontituedl 1 Any legal limit, except as follows: f In the districts where the height of buildings is restricted to two ` (2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty- five (45) feet above the average grade line of the building. Water stand piipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one } additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) - stories in height ti . Bup URNENTAL RHGVLATION81_ 1. Parking (Based on use. See Article 34-115. ) 2 . Signs 3. Lighting 4. Landscaping 5. Screening and Fencing I i J � r i • i ; Ja i 22. 4 M 32 x ❑ moon 0 l . :vxaaen , Planning and Zoning Commission Minutes n� ��pp � U March 11, 1998 ATTACHMENT 2j fiIt Page 8 of 31 ���SSS u 1155 ��S ' Ms, Gourdie I just, I hope, I agree with you that we really need to make sure that the verticalness or landscape doesn't cover up the masonry part so I'm glad you've added that. Thank you for doing that Chairperson Schertr Commissioner Moreno Mr.Moreno. Just wanted clarification,we are recommending a change from Agricultural 10 Commercial and not Light Industrial. Is that correct? Mr. EngelbrechC Yes,my motion was as recommended by staff. Which would be Commercial with conditions. Mr.Moreno. Thank you. Chairperson Schertz, Commissioner Engefbrechl did you have a comment? Mr.EngelbrechC Yes,I did, I just wanted to say that we are going to see a great deal of dollars being expended out hereon the roadways. It's all going to be improved four-lone divided etc. What you are proposing sounds great and ties in with the use next door. And I think[hat d that follows,if the facility(hat comet on line generally addresses the sort of concerns that the community has with regards to the entrance ways and a0,they'll probably be stopping by to thank you. t'm serious. Thank you very much. Chairperson Schertz Thank you With no further discussion,we have s motion and a second and d you'll let me gel to the voting mode. If Commissioners would please cast[heir vole. Voting Is complete and we will now display the results. And It passes unanimously 5-0. Thank you for your time (8-0) T. Hold a public hearing and consider making a recommendation to the City Council concerning a request to rezone 1.205 acres of land from Office Conditioned (Ole)) zoning district to Office (0) zoning district The property is located on the west aide of Hinkle Road, north of Greenbrier (also known as 2301 Hinkle)endives rezoned to ORlce Conditioned(0(c))In 1996. The proposed razoning would eliminate the four zoning condifons placed on the property In 1996. (2:•98 407,2101 Hinkle) Chairperson Schertz. I will openthis public hearing and ask Mr. Donaldsonfor his comments please. Mr,Mark Donaldson presented the staff report Mr Donaldson: This request is for a parcef of little over an acre located on the west side of Hinkle. For reference,we are north of University, between Greenbrier and Haggard, I think it's commonly known as the Denton Plaza Shopping Center to the east there The request Is to modify zoning that was put In place approximaleh;two years ago. Which placed four conditions on the property. One, that the use shall be used for offices, professional and administrative only Two, that the maximum square footage of all buildings constructed on the property shall not exceed 5.000 square feet, Three, there shall be a 55 foot building and dumpsler setback from the southern property line. Four, fighting shall not directly illuminale adjoining property. The history on this piece Is that It was developed as a church in a predominately residential neighborhood then followed with the use of a Montessori School. Went out of business the current owner put the office conditioned zoning in place to accommodate the offices of his construction business. Now,the request is to remove the conditions and Just go to straight zoning. After analyzing the conditions and how they resale to how the property relates to the adjacent single-family neighborhood,staff can not recommend removing the conditions. We've offered a set of conditions that modifies them and at least I lo0eve allows the applicant to do the types of things that they want to do while still protecting the neighborhood from negative impacts from office uses. We took a look at the uses and generally the uses as described In the current condition are low traffic producing uses which are if handled right compatible with residential neighbors. The developed area,we've got a site that's roughly 52,000 square feet and the property Is limited to 5,000 square feet of square footage. It seems pfetly restrictive; less than 10% of the total property can be developed some might even say that that It a waste of space. But on the other hand, by eonlro0ing the square footage you also control the negative Impacts that could result frD,,i increased traffic and other Increased activities on the neighborhood So keeping some Bart of cap in place I think ir, important. We've offered 10,000 square feet which ropresents about 20% of the lot area which corresponds on the low end with a fol of residential lots lot of residential lots are developed greater than 20%,Or 0 has greater than 20% lot coverage. The set back,again on the face of it seems extremely restrictive in terms of the percentage of the lot that it eats up But again that's another way that we Control the activity on the b[ end help to make it compatible with the neighborhood, And as you know you have received two versions of the staff report. One that started off at 20 feet and ended up back at the 55, se at leas[ you know that I was going through some permutation on there as to what was reasonable. I ended up back at the 55 foct building setback I think fighting of an area that would have fairly a significant number of parking spaces Is Important. But It is else important to shield so E that it doesn't leak onto neighboring properties That can be done with today's technology. I don't think we waM to 23. IaN�latfttl roarer r . x Planning and Zoning Commission Minutes March it,1998 Page 9 of 31 remove that condition. I also looked at impervious area on the site because the lot has a large poorly paved parking area right now. Which is an Impervious surface but just barely and It adds to drainage problems that may exist In the neighborhood because of the Increased flow from the property. So we would like to see that capped. Just rough calculations showed that the Impervious surface about 52% now. We would like to see it upped at 50% which actually means that h they were to add new buildings, new roof to the area they would probably have to reduce the amount of asphalt that is in that existing parking lot. I have talked to the applicant and they are fairly comfortable with that cause of the bad condition of the asphalt anyway. Buffering, the preferred method these days is to buffer different uses with landscaping So we've offered a condition that would require a landscaped area 20 feet In width on the rear half of the lot on Its southern side and along Its rear. And specified a number of trees that would go Into that area. One of the concerns I guess with construction business K the amount storage of materials and equipment and other things that come with construction. We've suggested that there be o condition that there be no open storage of equipment materials or other commodities. And I've got some three really simple drawings that kind of show all of this I think. The east half is going to be the same In all cases,his essentially the right-of-way that would be required if development were to be,were to take place on this lot plus a 25 foot setback. You don't went to adjust the zoom here because A will lose my focus. But,as requested this Is what would be typical of straight zoning. A10- IM set back on the sides and the rear, which results In a building area of 38,500 square feet. h could be fairy Intensive h we remove or play with the square footage requirement. This Is essentially what was recommended and after analysis, my fear of the 55-fool sM back went away when I started calculating the square footage of what was left It still provides for a 55 fool wide building envelope here and collectively 20,000 square feet within which they could place 10,000 square feet, And Then this one shows a 20-foot set back that we started playing around with. Arid then the existing building is about 3,500 square feet,which would provide 8,5W square feet of additional space. That Is what is represented in these two rectangles. You can see this way that we could put a fairly big building on there. This way we have to orient buildings in another way In order to achieve maximum build out. And we would probebty, have our parking areas here limited by the Impervious surface cap. And as requested,you know these squares could go anywhere, Actually, I think when you think about this, this may not be such a bad eltemalive here If all of the activities then took place behind the buildings So there Is lots of different ways we could go. Am there,let's see. I need to do public notice, We sent public notice to I belleve A was 22 of landowners within 200 feet and received four i in response. Two opposed and two In favor. I'll send those around,one of the comments Is worth reading. One of them In opposition the comment was; 'I oppose it for obvious reasons but you are a puppet for the applicant for rezoning and you will allow Up happen. Haves nice day.' I received that after I had written my report. Are there any questions of me as those circulate? Chairpe room Schertz', CommissionerGourdie. Ms. Gourdie I was just wondering why thty wanted these conditions removed. Whit was it about the four conditions that didn't appeal to them now that they—were offering seven different ones? Mr Donaldson: Yes, That will leach them to ask, The applicant is here and I'm sure he can address that Ms, Gourdiw Okay. Thankyou Chairperson Scheriz. Commissioner Engeibrecht r Mr. Engeibrecht: Would you put[hat slide up again of the landscaping proposed? Is there a partiadar reason that on the southern lot line that it doesn't extend all the way to Hinkle? Mr. Donaldson' Yes. The propeq is currently developed so that Mere is a concrete driveway approach that comes In here fairly close to the property line and then goes back. There is a landscaped area right here and It creates a kind of turn around. So I didn't have the heart to make them rip that out. Although,we could cerlainy extend some of the landscaping along here They will be required to put up a six-foot fence. Mr Engeibrecht. The way you are telling me what we are looking at Is a wnsbuction Storage aces for this particular piece of property? Mr Donaldson. Nut necessarily, Mr. Engeibrecht More or less? Mr. Dcnaldson. Sul that could happen, In our code, in our parking regulations h says that In a office zoned district; no parking space, garage, or carps:or other automobile Storage space short be used for the slorage of any tacks, truck trailer or van except panel and pickup trucks not exceeding one ton opacity, So any vehicles that are olored on that property would have to be relatively small vehicles and would not be In the, 1 guess, heavy equipment 24 . ,« , 7 r, K, �a 32 x 10 , o x Y. - . -' Planning and Zoning Commission Minutes ? March 11, 1998 Page 10 of 31 category. And then couplad with the requirement that there Is no open storage that all squipment, materials and { commodities are stored inside. But we wrestled with the fear that they would be cranking up heavy machinery early in the mornings,I think that this win take care of it. k 4 Mr, Engelbrechl- We have a site hero that backs up to a wen-maintained SF•7 community. And across the street f » there Is a very large retirement community that at this point Is at this very moment is investing several hundred thousand dollars In additional construction. So I. . Mr. Donaldson: The wording on the very first condition is that the use shah be limned to office professional and administrative offices and associated accessory buildings. If they were to move beyond accessory Into construction yard that would be a non-pemrined use. We would have to probably measure that In terms of square foolage or something like that. Mr.Engelbrecht: We could move pickup trucks In and out of here regularly'+ Okay,all right thank you Chairperson Schertz: I believe that that is on Ibe questions at this time, thank you Would the petitioner care to address the podium at this bme7 Please give your name and address. Mr. Richards. Good evening. I'm Don Richards and I live at 507 Headlee here In Denton,Texas. I'm currently the owner of the office building, which our construction company owns, and offices out of. We have a staff of approximately five people currently there now. I guess the reason that I'm opposed to some of the restrictions and I don't know hew this will do up here. We have Wed to be a good neighbor to everyone around by us and have no complaints or had none to my knowledge. But what the problem seems to be with the situation here and the reason we're asking we came in to get the resW;ons eliminated to)ust office toning wflers we could operate and function the property as anybody else would under office conditions,or straight once zoning. Then we come back and find out we have these restrictive conditions and one of them is this 55-W setback. This eliminates any use of the property from complelely under 1he covered porch to the actual building and ell the way back. I mean,I think under normal office conditions we are talking a 10 toot offset of this property line. But we arm certainly;we are looking at a 55-foot offset off the south property line. Which basically I open up this side door here to this building end this property under those conditions from here all the way back would be oon•useable. Which to me you know, Il Is eliminating at least 50% or right at 50% cause you have properties about 120 feet wide and you have a 10 foot setback here so d you tako 55 feet away from n and you've pot your 10 foot offset then you'd be exactly taking 50%of the property away. We currentty have on approximately 3.500 square foot building there. When we came In and asked for It to be rezoned office,we wanted to have the option available for us to Increase that They had a 5,000• foot restriction,which meant we could add a whole 1,500-fool to this more and a quarter back here, Thal was on we were allowed. They had a 5,000 square fool total, so I mean we're not trying, like I said we're got an sore and a qua nor we're not trying to run In here and build a bunch of buildings In here, but we would like to have the option to have some flexibility to grow a to add something of some point and time And the way this Is currently going ti's pretty hard to do, I don't have a problem with some of the conditions on this properly at all, but some of them like I said we do. The two mainly being the, Mark and I spoke he did up the building square footage. Now when he Is talking about 10,000 square feet,that's total for all buildings So again,we have 3,500 foot, so you're talking 6,500 foot the most we could odd on a 1.2 acres, What brought this currently up or the way Us we were unable to have an accessory building for storage, perking, covered parking the way the current conditions where. He has addressed that, but the way d is currently setup again,If we built an accessory building,parking of whatever the way this thing is sel up would apply towards the total square footage of any other building construction on the site. The main point Is that we would like we would prefer of course to have office toning. I understand that being in a residential situation that is areal concern, Mark seems to think that you know according to him we're going to probably need that there Is probably going to be some restrictions dust in our conversation So we went back and looked at the 55 foot again, 1 think it Is excessive the 10,000-foot total Is, which Inciudee our building of 3,500 foot Is excessive. So, that pretty much answers your questions? Chairperson Schanz: I have a question, help me out I understand your concerns about Lems 2 and 3 on the cooditiviis Mr.Richards Cared , 0 1 1w Chairperson Schanz, So If you could write the script, and being realistic could you give us some numtrcrs that we Vc•l I would be happy with0 Mr Richards: Sure. 25, C� 32 x I C1 r � r r - -, e r Planning and Zoning Commission Minutes - %:. .. March 11.1998 ,. Page 11 of 31 Chairperson ScherU: That would be realistic from your point of vlew. If you would like more than 1,000 square feet f { what would be something your happy with that would also be realistic? Mr. Richards' Well,you know in our opinion If we could double that 20,000 feet, I know that sounds like a huge ' number but in all actuality with an eve and a quarter I mean that would be 20,000 square feet less, thal would include an accessory building that we built and our existing building. So again,we have a 3,500 square foot building, we would like to do some covered parking type stuff that would probably have 600 or 900 to two feel In n. So again,you'd have 20,000 less 1,500 Chairperson Schertz: Okay, and then—I'm seeing your concern on this 55 foot setback and I'm going to ask Mr. Donaldson some questions,but since your there;could you tell me what you think would be realistic. Mr. Richards, Well, of course we mould like to see a 10-loot. Now,the situation Is here with the houses,that's their back yards right here Lots 4, 5,3,2, 1 so the houses of course are up here. So yo-ive got 200 or 300 hundred feet or whatever the length of their back yards Is to our south property line okay. And they have a cyclone fence hero We could if it was 10 foot like normal office conditions would be a sat back you know that is what we would like to see. We could probably live with a 20 ahhough that gets us out in our property along ways as for as the south property line. If we do any development as tar as another building at anytime In the future if that came up we want to build and I know we would have to build s fence. I think the predominate factor Is here Is buffer,I think a ferk7e 8 foot 6 foot high fence Is going to buffer an the visibility because k Is wide open now. I think that would buffer that problem and so I think logically in our opinion 0 you built a fence you should be able to Ilve with a 10-foot setback. I don't lee any difference N you build a fence and have lt 20 or have 1130 other than I'm losing property. Chairperson Schertz: I understand, so it Is your Impression from talking to Mr. Donaldson that this 65 foot setback is purely butter yard? Mr.Richardsi Yes Purely buffer,that's my impression. Chairperson Schertz: All right,Commissloner Gourdie. Ms. Gourdie: Are you planning on one story or two story buildings? Mr. Richards: Well,.. Ms.Gourdie: If you were permitted a higher square footage. Mr.Richards, Right,currently we have no plans to construct anything as for as additional right now. Mr.Gourdie, Well f would like a vision of the future. Mr.Richards Right,sure I understand. Ms. Gourdis,. And Just to correct you, not to correct you bul, to lei you know you keep bringing up office--normal office conditions. 6. 1 have to say that most offices that go In a neighborhood situalion are very conditioned with lots of conditions • Mr Richards', Right, Ms. Gourdie Where windows can go ao that, so you know this Is a very touchy situation. Mr. Richards: Yes,sure Ms Gourdie: A neighborhood Integrity Is o very Important thing so this Is not a normal office situation and there has to be conditions based on n. And one of those has to be conditions would be is one of those buildings going to be two stories or single story? And a six-foot fence is nct going to butter,.. W.Richards It would buffer a single story building but d would not buffers two-story building. Ms.Gourdie And my other question Lo you is,what exactly Is a typical day el your office building? Why do you need an this square footage for five employees? I'm Just kind of curious and I'm trying to envision what happens Your asking for;:0, lets fay rerlist"lly you were saying 20,000 square foot worth of bu ldings and arcessory buildings and to forth 26. 32Xia aanfieas ] ' :rr>aanlo i Planning and Zoning Commission Minutes March 11, 1998 Page 12 of 31 Mr, Richards: Right. Ms Gourdie, I'm just trying to envision what N is going to be like living In this neighborhood and having five, and you said you had five employees current? j { Mr. Richards: Right Ms. Gourdie: So I guess what I'm wondering is what a 20,000,why do you need with all this space? Are you going to be bringing construction workers In or Is this strictly a place where your clients come In and"down with you and discuss the plans? Mr.Richards. That's all N is, I mean that's exactly all N is It's just simply our office,and all I'm trying to do is that like any other property owner I'm just trying to have the flexibility to_se the property to what we consWer is the best ability to do so, I mean our,the office situation we have right now is pure office that$all N Is and that's an d'e ever going to be. We have a place out In the country where we store all of our materials and our job file trailers. We've never brought anything in there, and so I mean it's just like your saying. We've got secretaries and staff estimators that type of thing and you know,what rm looking to do though Is,is at some point and time Is I'd like to gel an accessory building, We may want to rent some space, we may want to develop another building and rent some office space there is a shortage, t can't,you know I don't want to not have the availability if 1 want to put an accessory building down here you know N 1 have a 55 tool set back I can't do Thal. Maybe N doesn't wore with my parking or whatever I've got going there. So N's simply to have the flexibility to be able to develop N in the future you see Is what we're j after. Ms. Gourdie: Where exactly is the parking right now on this property? How Is it situated? Is N just where[hat...? Mr. Richards: Yes,mainly its hghl here, Ms Gourdie, So the rest is just open land? Mr Richards. It's just open land, There is some asphalt here In this area where U'$showing, That's an esphalled area that the school had done before I purchased the property. Ms.Gourdie And being That if we were to go with the this having a 50%impervious surface,what would your...? Mr.Richards, Wen,that's another restriction and you know I'm really not for sure what all that would do to us. I mean Ma k is saying that you would have to eliminale some asphalt at some point and time, and I don't know how that would all develop or work out with the buildings or whatever. Ms,Gourdie, Okay,thank you Mr Richards Chairperson ScherU Commissioner Engelbrecht Mr. Engelbrecht: You had indicated earlier covered parking and then to Commissioner Gourdie you've mentioned building some other buildings, Can you be spoufic about those things? Or Is this an conjecture at this point? A Mr Richards Sure, no, no what we want to do at present is we would like to come back here at some point in the area and do a covered parking slorage facility. We have a potential tenant that we want to lease some of our building r to and we need to move some things out and we reed some covered parking And(het would just be, and this Is what started this and brought it to our attention when we go down and file for a building permit to do s simple garage slorage accessory building and they say you can't do that You are restricted you can't have that I'm mean I'm saying you mean 1 can't have as much as a homeowner that's got storage building In each one of their backyards? I can't have a garage, I can't have a no, no absolutely not So that's what brought my attention to exactly how restrictive these conditions,these sets of conditions were that we were under. So, I then filed for s rezoning from office conditions to office, And ow current plans are to try to build an accessory building,but when we went through the process of bringing N through again the City Staff we see that we've got this eame 55 foot set back to there is another one of our major concems, And loss of specs and loss of flexitility,I mean I don I want N to seem like we are 0 trying Io come In here and just throw a mass production of buildings in here, that's not N at all I mean I'm open to your suggestions as far as what you see. I think you'd agree maybe or, an acre and a quarter that 3.WCi-0oA building—and now they've upped N to 6,500 foot Oditlonal yoga know, that'$.pretty small Which would Include in accessory building I mean, 27. 32 X A arascrr 0 asssass Planning and Zoning Commission Minutes I March 11, 1998 i Page 13 of 31 _ Mr. Engelbrecht But basically this accessary building that you're talking about is a garage? Mr. Richards: Yes, Mr, Engelbrecht, We're talking about just,.. Mr, Richards. We want to have covered parking or garage with some storage off to one side In other words it's attached but we can move stuff in and out of the building as far our products In the office. We got a lot of sluff in that building[hat we need to have a place to store it like anybody else if we want to lease part of the building we can't do that now. Mr, Engelbrecht, But that doesn't,what you are talking eboul here doesn't sound like what we really normally think of as office space. You know.. Mr. Richards Well I think under office space you have the availability to build covered parking or garages and they ere office zoning. I mean[here's no secret here, I don't understand exactly what you're getting at. I'm nol trying to... Mc Engelbrecht It just sounded like that whatever you're wanting to put inhere,you're moving materials in and out. It sounds more like a storage facility than an office facility in terms of this extra space that you're wanting to use Mr. Richards Not necessarily because we have, you know I mean,I have a couple of vehicles I'd like to keep them parked in a garage and locked up out there because people drive off Hinkle and they tum around here all the time Off the side of those garages I'd like to have some storage capacity a little storage area. i don't think It's anything out of the normal I mean I think its what it seems to me its under whatever office conditions are and that's what we are trying to obtain here was straight office toning Mr.Engelbrecht. Thank you Chairperson Scherlt: Thank you Commissioner Engelbrecht. Are there any other quest'ons? At this time I think we've asked all that we need lo. I appreciate your input. Is[here anyone else to speak of favoO Anyone to speak In favor? Anyone to speak in opposition, yes sir would you please address the podium and give us your name and address Mr Leaks. Gladly,my name is Truitt Leaks and I live at 1210 Greenbriar which would be house number 18 adjoining this property. Chairperson Schantz, Could you poini that out if you can. Mr Leake Yes ma'am, right here. Chairperson Schert r All right thank you , 1a• Leaks, First of all 1 want to make sure that I say everything exactly tarred. This has been by far the bast owner of Ir,a property in four owners, This property has inherently hnd problems because the way the original building was set on ttw .11e. And d inhibits a lot of the use of the propaq without some of the changes that this gentleman Is asking for. What I would like to say is that a 55-fool setback really would not inhibil him from building the number of buildings and having the egress ingress to the facitilles H he wants to So I think the city sloe has done a very good job In protecting all the homeowners along(hat line, My original opposition was, and I'd like to point out I wasn't the one who wrote the tacky little note My original opposition was to withdraw these restrictions completely without seeing what the City staff,tied suggested to him. The reason for that is very simple, he bought this property knowing those restrictions was on there because prior to his ownership we had a meeting about him buying this property here in this Chamber. And there are notes to that effect, to he knew when he bought the props ty the restrictions that he was dealing with,cross the board So 55 foot setback is an issue,I don't think Mr Richares that I'm saying anything out of turn because we are neghbors and we are going to continue to be neighbors. I've lived In this same house 20 years and plan to be here a lot lorger. My den ovedooks his facility and so I have a little bit of Interest in how It's landscaped, etc. My only other real concern about this property Is Thal If doesn't became a storage facility I'm not O really interested in looking at his pickups parked there over the weekend unless they are enclosed in a building and locked up Originally we discussed putting a gate on the front of the building so no one could gel in and out except for business hours. They may be inhibitive for him because 0 is going to cost quite a sum of money. Lastly,this property has an Inherit problem with drainage. I don't have an adequate map but basically where he showed his turn around that pavement narrows and the water runs off his parking bi into the back of our properties Not mine especially but my neighbors In home 17 herr has a severe drainage problem, and that should be addressed at some 1 28. I! S It Ali • aaanrw ,t • { i., ;f u Planning and Zoning Commission Minutes March 11, 1998 Page 14 of 31 point and time. It was addressed in the original notes in March of 1905 when he was buying this property. Again, I'm not opposed at all to moat of the things that are here. I'd like to see N landscaped all the way at least to Hinkle Drive or nearly there. I think that that would eliminate a let of the problems. Again, I don't want this to become a storage facility for his or anyone else's business. If N were a doclor's or dentist style office you wouldn't have those things after hours generally unless N was an emergency. I think the property,as the City has recommended,with some consideration for drainage Is exactly what this needs. We want them there; we don't want another Itinerant owner who doesn't mow end who doesn't keep up. There Is sometimes a problem with people using the parking kit for i h various things late at night and that's why we have suggests!a gets. Again, I thank you for your lime. This has been a very fine partner with us in this neighborhood. Theive not cost us any significant problems otter than the drainage as I said. Thank you for your time Chairperson Schantz: We have a couple of questions. Mr.Leaks: Sure i Chairperson Schertr, Commissioner Engerbrecht. Mr, Engelbrecht: The petitioner was questioning the 55-W setback on the south. Which is In essence between you and their facility. Would you be amenable to a lesser setback with some vegetation? At this point and time there is r no requirement for vegetation there Is a requirement for a 55-fool setback. There Is no requirement for any hedges, trees or anything Its Just space. Mr. Leaks: Ideelty,I'd like to see the property plaited and brought up to code as you would do with Hinkle, if he Is going to do any building he's going to have to bring N to code that is what I'd like to see. We've had, rm sorry I meant Good Samaritan,Good Samaritan YdlegA N they had a piece of property construd'ron project they would bring it to the f current city codes. Which means they're gonna landscape,they are going to kook at drainage they are going to look at Irrigating the property planning trees. Starring House Just built another facility up Hinkle and they've had to meet every one of those codes And they've done a very nice Job. So our neighborhood has not been in any way grayed If you would by having these additions. 1 Mr. Engelbrecht t understand,you bet. Mc Leaks: We prefr•these additions. You realize that Good Samaritan Is a great park area and etc. AN I would ' want him to do is hake this plotted. Lets talk/bout a real long-term game plan with this The other three owners hove been less than satisfactory. I want to make sure that he has done a very good job but N you'd bring N to code we wouldnY be discussing all these things, He would be landscaping and he is looking at alt the drainage and all those other things. And that's basicaty what the city staff h saying. ' 1 Mr Engelbrecht I would take exception with the fad that a variety of storage garages N you will. could be built there In the back. And code would require a 1 afoot buffer. Mr. Leake' I understand Mr. Engelbrecht So if, I Just want to make sure that your, if everything was brought to code you'd be happy with the ;* 10 foot buffer is what your telling me as I understand it. Mr Leaks: That's correct That wouldn't be a problem but Mere is a lot of other things that he'd be doing to the property to enhance It. ' Mr.Engelbrecht, Sure, I understand. That's right. Mr.Leake: In the current condition all he has to do basically,maintain his building and mow the yard a � Mr Engelbrecht: Right Mr Leake: And so while that's odequsle there Is a let of things he could be doing Like I said the drainage was • y brought up the security was brought up before he purchased the property. Mr. EngelbrecM, Iunderstand r ' Mr,Leaks: And so,the only reason I'd have opposition is I don't want this to go beyond him assn owner. H he sales the property then f have another owner that may nM be nearly as professional,msy not be teary as cognizant of our 29. ?. l � 32XIO t e rssaer, _ . C t J Planning and Zoning Commission Minutes March 11, 1998 Page 15 of 31 l neighborhood. He lives in the next nelghhorfhood up the way in the Headlee Addition and he would have these same I problems if he were trying to do that on a commercial property that meets the old Krum Highway F Mr. Engelbrecht: Right. Mc Leake: And there Is some property In there that would be In this same a"of venue. Mr. Engelbrechl: I guess let me just continue that and say,you haven't met with the pelnlonees since this has been proposed? Mr. Leake: No,l just saw the staff recommendations today and was very pleased with them. I just wanted to make sure that since I had opposed that I looked at the other options that we have hero. Mr. Engelbrechl: All right,okay great - Mr.Leake: If he plated the property then I know the city staff will protect us against the buffers and the fences and that kind of things, I'm not worried about what this staff has done. They've been extremely cognizant to everyone of those houses not just mine in this neighborhood. Mr.Engetbrecht: Right,thank you. Chairperson Schertr Thank you Anyone else to speak In opposition? Anyone opposition? Seeing none I would ask the petitioner if there were any final remarks. NO at this time,thank you. I will close the public hearing end ask Mr. Donaldson t he has any final remarks of we have questions from the Commissioners. Mr. Donaldson I think I might go back to the drawings Rare. As I understand ft. the applicant could in fact build within this envelope today 4 he were to plat the property The property k not platted so any development would trigger platting. Once planed the zoning creates this building envelope and In fact we could demonstrate that you could build 10,000 square feel within that building envelope that could satisfy the proposed uses that has been mentioned tonight,covered parking with storage attached. Which lead us to the recommendations that we pA In the report, Modifying the uses to allow accessory buildings,modify the square footage to allow some expansion,keeping the 55-foot setback in place and then adding some of the more performance oriented conditions. Chairperson Schertz, Mark,is the 55-foot setback typical is that typical or? Mr. Donaldson: No, no that wouldn't be typical. We have instances where there is commercially zoned properties adjacent to residential property, a requirement in place today says you simply have to put up a six loot fence, We don't have any landscape-buffering requirement In place today with regard to adjoining uses, The landscaping Is primarily triggered by buttering the parking spaces from the public right-of-way required screening in that Instance. I've tried to add in some conditions, which would lead to a b-iffier yard at the rear of the property, which Is the undeveloped portion now Chairperson Sehertz Can we so those other pictures that sho xs how the buildings would be that you've designed for us. It helps to visualise t. And so you say that r!.d 55 foot setback is not typical. Did the staff just arrive at that I ^ because that is how t son the rig,e side of the property? 1 Mr. Donaldson Straight zoning would look like you would have a building envelope that looked like that with a 10- foot setback. Which people mistakenly call a buffer yard,it Is simply a building setback and there are no landscaping requirements tied to that setback,now on the sides and the rear and typically a 25-foot building setback on the front Chairperson Schertz Okay, So you've,again help me justify the 10 to 55 why'd we go the whole distance here? 1 Mr. Donaldson. Well, the 55, the way that we control the amount of activity on apiece of property is essentially through our setbacks We've got more than 50,000 square feel here. It Is In a predominalely residential 0 neighborhood. Most residential properties perform at about a 20 to 25% building coverage. And then if you add driveways, palios and sidewalks you might get up tc ,^% Impervious area on a typical residential, And that's one Q way to cool;ol that Chairperson SChertr. Okay. Mr. Donaldson: Worse case ncenario Is we've got 36,500 square feet of buildable area here. I'm not saying that they could In fact build that much. A full development with the parking req:Irairil might be around 20,000 square reef. 30. X 32 I o tt 'r ataasusww " �, n v : 1' ' •, �". � �p ' h � , , i •r �1� t r, J I , r i Plannlcy and Zoning Commission Minutes March 11, 1998 Page 18 of 31 Chairperson Schenz. Yes. That's what I was thinking. Okay, you answered that question. Commissioner Engelbrecht. a Mr.Engelbrecht: To construct anything additional on this property will require,will trigger the platting process. ' { Mr. Donaldson. Correct. 1 Mr, Engelbrechl: That will require what In total? The person the resident that spoke was concerned about drainage, what's It going to do the front? The curb,sidewalk;everything to this property w'11 have lobe done. Mr. Donaldson: The typical set of public Improvements associated with platting a property are oght-ofway dedication we would get that from the center of the road bode to the required distance. It would be required to do perimeter paving if ft's not there now,It already b. There are already drainage structures In the front of this to I think N's curbed and guttered all the way. Probably be some easements placed on the property for util'*s,we don't have those in place now unless they were put in by some other Instrument. And we would look at the distribution of fire hydrants In the ores and make sure that the property was within the allowable distances. If it was demonstrated that polentiat development would bigger drainage problems we could require some drainage Improvements. Mr. Enpelbrechl: I guess my question with regard end that's why I was really wanting to get et is the drainage is that, there Is already a problem. Very possibly,wid the platting process overcome? Mr.Donaldson: Not necessarily. I don't know that we could coned some of the problems IhJ exist at the front half of the property which Is primarily completely developed without changing the way water flows In a significant way, It would certainty be an opportunity to address that and we may In fad, I think that the edge of the florJd plain cornea across the property In a diagonal manner right here, So we may M able to do some small things 6rrt the primary impact would be on the essentially undeveloped portions and ensuring that we are not creating problems by any development there. I guess if it was demonstrated that water flowed from the rear and down the property line we could In fact require some small retention or detention families In order to alleviate any flow off of the property Mr. Engelbrecht Another question I hove Is, k seems to me in cases the pest we have In a single family situation where we were backing up to a single family situation required some Lori of vegelative buffers in addition to fence buffering the past In some cases. I noticed that you didn't do that Instead you opted for a larger setback and I recognize that the goat there was to keep the Intensity level of activity whatever you want to refer to tt down. And I recognize that partiruiarly In this area where its very law intensity use because of the nature of the facilities that has been established on Hinkle particularly. Is there I mean you're showing vegetation In there but I don't think that's required. Oid I misread something? Mr. Donaldson: One of the conditions was Ihet they create a landscape area at thereat half 20 foul and 20 foot band and within that area plant 20 trees. And along the southern edge of that paved area, plant a living hedge. At least l hope I didn't miss that In the report. t Mr Engelbrecht l missed . i n Chairperson Sch3rtz: No,ifs there,cis numbersix, Mr Engelbrecht Okay i • ChairpersonSchertz: 0a you have eny forth or question a? Mr Donaldson You had me afraid there for$while. c Mr. Engelbrecht: Pardon? Mr Donaldson You had me efrald that I had left that out. Mr Engelbrecht Oh no, I'm sorry, Okay we have a situation where at feast I think full build out is awfully, could be 0 awfully Inlense for this eves. Fifly•five feet brings It down to probably what the area Is now. I know there have been �} some questions about that and our certain one speaker here said that they would happy,could be happy with less but I'm not sure that was addressing the intensity Issue. This is i�isl some storage. Is there any comments on that Of are you sticking with your 55-foot recommendation? 31 , NMI- , 10 3e x 10 F . r"oasa.a Mon Planning and Zoning Commission Minutes March 11, 1898 Page 17 of 31 r Mr. Donaldson: That's my story and I'm slicking to It. The 10,000 square fool maximum may serve as a cap to Intensity and then The 55-foot setback would control the location of that Intensity. It could in fad be daWmental one I could argue that buildings that back up to this area with their parking activity to the north might be more compatible with the neighborhood. Typically, we Just try to nave them further away but good dosign with proper landscaping; " this could be a very compatible situation. In which case you would probably go with the 20-foot setback there. Probably add the condition that the openings of these buildings be limited in some way to the south. If you went with the scenario. Mr. °ngelbrechl. How much,was there a good deal of discussion with the applicant with the regard to this or was this? Mr Donaldson: We had a pretty good discussion. Mr.Engetbrecht: Okay. But there was not a neighborhood meeting? I Mr Donaldson: No. Mr. Engelbrecht: Thsny you,I'm dorm. Chairperson Scheriz: Thank you. Commissioner Gourdie. Me Gourdie: Wow I have a question for you In the P 6 Z minutes of March 13, 1896 page 3 there Is a Ms. Richards that says we have looked Into the drainage problem and It is my understanding that the money has been designated for that project from the last bond election What do we know about this is regards to the drainage situation? Mr Donaldson: Davidd,d 1 stray correct me. Or why don't you rust lake it. Mr, Salmon: We have$50,000 to make some drainage Improvements on Hinkle Dr}vs which hasn't been constructed yet but probably will be in the next year or to. Me Gourdie: So this refers lo,well Is this going to effect Lot 17 the improvements to Hinkle Drive. Mr. Salmon: Probably not, I think this money,this$50,000 Is to Install a couple of Intels and son a piping on Hinkle Drive cause right now it floods when it rains heavily, It won't help the problem with drainage running off this property onto Lot 17 or whatever. Ms.Gourdie All right, So Is this slateA to be done In the future? How far in the future,next week,two years from now do you have any idea Mr Salmon, Well the project for Hinkle Drive has been,I mean the design has begun. I would Imagine[het we would be building that within the next year Ms.Gourdie: Okay, Mr.Donaldson David,don't we have t couple structures NN here? Mr.Salmon: 1 here are already some existing Intels on Hinkle Ddve but the pipe system that's there now is entirely to small Me Gourdie. Okay thank you 4 ChairpersonScheru Comm!ssionerGanzef. ' Commissioner Ganzer. Isn'I there some kind of a retaining wall or something being built Just to the north of your 0 • property right now Mr Richards? Mi. Richards. Well there's been a lot of construction at Good Samaritan there may be a tot of drainzge which will alleviate all of Hinkle Drive In front of that building flooding basically and It now terries real well con my side of the building and om that side which would be the west side under the street and down the drainage channel, Ms. Ganzer: Is that helping with this drainage problem that you have on your property or is It, or should'A help? 32. x 32 10 Ir� r - i r sraraana � ' r , • . . .. .. -.,... ... I ...... ..Y rvnWNFr.Mr.tlaw.M,V4MYf✓•+•..u.+v.rr_. .. Planning and Zoning Commission Minutes March 11, 1998 Pogo 18 of 31 Mr.Richards: Weil its helping a lot with the street and the overall drainage, because they used to barricade the front of the building where you couldn't even drive up In the driveway because the water would stand. Now we have no water problems In front of the building at all. Ms.Ganzer: All right thank you. it Chairperson Schertz: Mr. Donaldson, I know he didn't coma to the microphone and our audience was unable to hear `• anything he said. Could you capsize what he said please. That's all right I didn t Interrupt. Mr. Donaldson: We are not aware of any retaining wails being built to the north. The two drainage facUlGes, . Ms. Gamer: Well there is some kind of drainage something going on between Mr. Richards property and the properly Immediately to the north Is that not correct right now going on? Mr.Donaldson: I think there Is an existing drainage ditch or something that comes down In this area somebody may be making some Improvements to 4. The water would Men Clow Into these facilities under the street and Into a ditch that has been Improved right here by the Good Samaritan development. Right now this Is toned Ag right here,and this Is zoned Ag, I ; Mo. Ganzer. I'm looking at the,I'm looking at the far north right where that little arrow Is but farther east like west of ilea sire el and Not north of their properly line. Mr.Donaldson: Just right In here? i Ms Gamer: I m not sure its over that far. Am I mistaken about come.., i Mr. Donaldson: I'm not aware of anything Mr. Richards, I'm not aware orcoything Ms, Ganzer Is there not some kind of construction going on at the north edge at the property north of your right now? i Mr.Richards: Well,yes north and across the street,which Is. . j Ms. Ganzer No t'mtalking about Mc Richards all of Good Samaritan. On the same aide of the street Ms. Ganzer. adjacent to your property. - r ' Mr Richards. Oh no. Ms,Ganzer There's not? Mr Richards. No No,you may have seen something that we had out we were doing some improvements some dirt work on the side of that lot and that building. I bet Ihal's what you saw i Ms Ganzer. Yeah that's what I'm talking about Mr. Richards: Yeah that's what you saw. Ms. Ganzer Okay in right. Thank you,my mistake. Chairperson Schertz: Yes,if you would please address the podium. 1 0 4# Mr.Leaks, I won't be long. 'p Chairperson ScherU: That's all right H you'd give us your name one more Ume please. Mr Leake I'm Truin Leaks, Really the only problem with the drainage Is the asphalt perking lot that sets at the back of this prop"is a cotleclor basin and all Ural water generally comes towards the street Hinkle. And the way the 33. 25 '( 10 32x' 2 x ❑ Iona" t aN1aaM1 i Planning and Zoning Commission Minutes March 11, 1998 . Pape 19 of 31 drainage Is designed it's been cut to go back In and make that little oval driveway that was shown. And so that water runs back around that curve and out Into the adjacent area between the curb and our property lines. That's because it collects on the asphalt and runs out. It's an inherit problem since Its built, it has nothing to do with the street L drainage or those kind of things. , Chairperson Schertz: Thank you. Mr.Leake: Nfilch have been greatly Improved. Chairperson Schertz, Thank you. Mr. Donaldson do you have any further comments? I don't see any further questions. Mr. Donatdson: No. Chairperson Schertz', All rlght. Mr. Engelbrecht: I can't list this thing to work. There you go. ' Chairperson Scheriz t won't comment,go ahead. Mr. Engelbrecht. Is there any ernpineering problem of legal problem with placing an addition if this approved placing an additional condition on here that any water paw from this, that all water lbw from this property be directed away from those lots? Those single family lots. Ms.Ganzer. I don't know f you can do that. Mr. Donaldson: It would be contrary to some staled policies I believe In our subdivision regulations about allowing flow to go across a number of lots. On the one hand you know by zoning your opening the door to all kinds of conditions but there better be some maril for them and Mr. Engelbrecht, Well it would see that the merit here is that wire taking the water that's flowing Into these people's backyards away from there which It shouldn't have been therein the first place, Mr Donaldson: Yeah, and would probably be beyond what our typical response would be at Development Review Committee. For example, because our current regulations would allow water to flow across a Couple of Iota to pet to e drainage facility. Mr. Engelbrecht, N'j, across a single-family lot? Mr. Donaldson: Isn't that coned David? Mr, Salmon. We have ordinance language that allows two lots to drain across a third. Thal's mainly applicable to residential sub4silsions where you know sometimes you end up with lots Ihal just kind of drain down the hill. 4 a+ Mr Enoelbrechl Riyhl. Mr Salmon Generally, with commercial or office or multi-family type of development we will require a new development to put in an inlet on site. If there Is a storm sewer system already in the street,actually cotled the water on site and put lt directly Into the storm drainage system Instead of letting It run oul on the street. If there Is not a j storm drainage system, we try to encourage the applicant to run their drainage Into the street or onto other parking lots as opposed to residential yards Mr Engelbrecht So that could be a condition to this zoning? Mr. Salmon It could be a condition of the zoning,that drainage would have to be run lowerds the street a something to • of that nature as opposed to adjacent properties Mr. Engelbrecht, Thank you Chairperson Schertz: Any other questions? See none,thank you At this lime I would entertain a motion end than we could have discussion or N anyone has comments at this time they certainly could make them, Commissioner Gourdie. 34 . 32X E ' 1 iniernininermman C , Mason .r (nyF ' O r 7 r wwvm K , iry . • .._ . ..� .w �. . • ' u..n. vYVI+Mi1r�����M�,�/J.w,xrw.nrU�+.w.O�...x .�,et, � , Planning and Zoning Commission Minutes ' Meath 11, 1998 Page 20 of 31 Mo.Gourdie: Can we do discussion first before a motion? C Chairperson Schanz: That's fine. Ms. Gourd 6: Okay thank you. Chairperson Schertz: I thought we might need that. r Ms. Gourdie, I would like to see us change the setback not a lot but Juat a fettle bH moybo to a 25 loot setback versus 1 r a10, I think a 10 1s loo little. I would like us to limit the buildings to a Single story building and that would be to protect the neighbors. And I'm wall ng to up the square footage,not to 20,000 square feet but possibly 10 10,000. And that would help Include the accessory buildings and I would also like to see that we make sure that,again;In the Planning end Zoning Commission meetings minutes from March Ms Richards spoke that she would put everything Into an enclosed storage ores She made the comment that everything If there woo anything stored on the lot it would be on enclosed area. They've made the statements In public record, and I think that H they sold N two years ago that they ore probably truly meaning that that Is whet they are going to do make H Into on anclosed area I would also like to see that the drainage situation be somehow put In there where the water would go where N needs to go. And other then that I think H is fine,I would Just tike time 41 other conditions added to If Chairperson Scherer. Commissioner EngelbrscM. I Mr. Engelbrechl I would Just had a question of your comment,your suggesting a buliding area of additional 10,000 square feet to the 3,500 square feel that Is already there? Ms, Gourdie: To expand H. Because right now he has the 3,500 square foot building and we are putting here H says to a 10,000 aqua re fool maximum of buildings Mr, Engelbrecht: Right. Ms Gourdie Instead open H up to a little bit more maybe 1,500 not 15 but 15,000 square feet versus.. Mr.Engelbrecht: Ah, l see okay,okay. Ms. Gourdie: total area. Mr.Engelbrechl: Okay, ChairpersonSchertt Commissioner Apple, 1,43 Apple Maybe I misundarstood something I would like to address the petitioner. N was conditioned that H would be used for professional and adm,nistrative offices only and In reviewing the minutes of the previous meeting N was staled that you would as an administrative office for the construction company. I'm a little confused because He sounds to me like now you are going to build a lease storage facility for others that has nothing 10 do with your administrative offices and I'm a little bit confused about that. 4 Mr. Richards. No ma'am that is not our intent. Our Intem is simply to allow some flexibility meaning we won't to hove some covered parking where we can park some vehicles i Mo, Apple: Foryourcelf? Mr.Richards Yes,for ourselves Ms,Apple, Okay, Mr Richards, Yes,just ours, The basing part that I was talking about was simply the building that we currently have ! we are not quite all of H and we've had some requests to base pall of that building by smother professional. • Ms Apple, For am administrative Office use? Mr Richards Correct Ms. Apple. I understood you to say that you were going tole ass storage space,did I, 35. �� 2 .s x 10 32X10. x � 1 1 .... ... n. .... : • .e., . .n nMMit�YMTSiIWh%µ A Nbu YJ.1 tl vh:.. � _. Planning and Zoning Commission Minutes March 11.1998 Page 21 of 31 Mr.Richards: No ma'am. Ma.Apple, Misunderstand? Mr.Richards', Yes ma'am, Ms.Apple: Okay. Mr.Richards: No I'm no. Chairperson Schertzj Commissioner Moreno. Mr. Moreno. Yea thank you. A question I think for Mr. Donaldson, If I understand you correctly you think that the 55• foot setback will maintain the Intensity that's compatible with the neighborhood? Is that the purpose of the Wfoot a setback? Mr. Donaldson: In combination with the square footage cap... i Mr Moreno, Okay,so In oombiri with.,. Mr. Donaldson. II would provide a 20,000 square foot building area in which they could put 10 000 square fe,r1 as j written today,es written now. Mr, Moreno, So a 10,000 square foot maximum or a 56 foot sotbeck by themselves would not accomplish the malnlenance of the level of inrenCty that is there at the neighborhood today. I Mr Donaldson'. Yeah,I would agree. You take away either one of those and you lose whet you are trying to achieve Take away the 1 0,000 square foot cap and then you're dealing with a 20,000 square fool building area that could be completely developed and still provide enough room for parking and that sort of thing, If you leave the 10,000 square fool cap In and you take away the 55 foot setback you could have structures built within 10 feet of the rear property line or(hose single lamily hornes, Mr Moreno. Okay,thankycu, ' Chairperson Schertz. Seeing no other comments, the only comments that I would like to make is when we look at what it was originally zoned it had maximum square footage of 5,000 square fast, Now staff has gotten R to 10,000 square feet but the applicant would like to see more closer to the 20,000 square feet, And then origi.ally ll was at 5'S foot setback and remained at a 55-foot setback with a few morn specific. Then we start adding in all this landscape sluff end exlenor fighting and things that we know whether we add or not by the lime R gets through Council Its going to have So,might as well start here. Commissioner Gourdie—1 was pleased about her compromise about going to 15.000 square feet again, that's not your 20 but R'a not slaffs 10 either. So we are taking one more step of compromising. The 55 fool setback, I'm Just setting here I know exactly what staff Is trying to do and how they site trying to control that intensity situation Mr Donaldson,If we did what Commissioner Gourdie suggested and we did like a 25 foot setback or 30 foot setback and we increased R to 15,000 square feet then are we going to far that " we've kind of lost whet you were trying to do originally? Or are we truly compromising end Re probably atoll going to be okay? • Mr Donaldson Kind of Chairperson Schertz No,kind of won't work. Mr. Donaldson: This Is what you would have with a 20 fool setback of building area of almost 33,000 square foot , within which then youcould pulbasically, . Chairperson Schertz: But whet if you limit that square footage? I mean we are talking about doing both. Mr. Donaldson These two collectively are 6,300 square feet, so two of these would be 12 So tw t this, plus this Is dust a litt!e more than 15,000 square feet, So. , Chairperson Schertr Okay, 36. -- Y.A 25 32xIQ r a II :eOrallaA . O a ' Planning and Zoning Commission Minutes March 11,1998 Page 22 of 31 Mr.Donaldson: So draw this one In, let's do It this way, So this . i Chairperson Schertr That's what t needed to see exactly what we are talking about Mr Donaldson: That Is about 15,000 square foot on one floor. Assuming that you can structure your parking, . Chairperson Schertz: That's what I was going to say,.. Mr. Donaldson: To even aceommodate it there. Chairperson Schertz, if you could even do[hat Mf. Donaldson: I think you probably could 15 that would be about 45 parking spaces, That would be another 15 to 20,000 square feet, So wears cranking it right up there. Chairperson Scheriz: Yeah we are Mr. Donaldson. And probably chewing away a little at ory landscaping req-jirement that we would have. Chairperson Scheme: Well,it will probably end up with landscaping so we need to keep that In mind. I was still trying to reach some sort of onmpromise, He Is certainty getting more square footage than he did originally going from 510 10,but going to the 55 foot setback Is remaining the some as k was originaly. Commissioner Gourdie. Ms, Gourdie I was Just wondering with the impervious surface though 50%of 4 has to be Impervious,doesn't that cut down on the buildable, there Is no longer 32,000 square feet because he only has to of course I don't know anything about math but don't even get me started here { Mr Donaldson, No, if the 50% factor were still in there he would be limited to about 28,000 of impervious surface. So in order to park,this amount of square feet you'd probably have to start trading off square foologe for parking area to slay under that. Ms. Gourdie 80 that's not, I mean if we were to say okay here's the conditions but you have to have 50% Impervious surface, you deal with the buildings you deal with your parking k's up to you we've given you e compromise. But this Is what the neighborhood needs in order to still be considered a neighborhood. So that still could be considered In there? I'm Just... Chairperson Schert:, Okay, we're just exploring options. If what we are discussing fight now that we Just add so many parking places that the neighbors aren't going to happy. Because there Is to much Iratfla I mean Is that a possibility? Mr. Donaldson That is a possibility certainly traffc activities Is a function of the square footage of the development that is there Chairperson Schertz Well I think that all, I shouldn't say all of us because I don't want to speak for all of us, Bul t ` think that we are pleased with what has transpired in this neighborhood so far. And I think all of us up here are trying to work with the owner of the property and let him get what we want without losing what's already there And s0 t/ that's why we are singing and dancing around this trying to make some comments. Yes air. Mr. Richards If I may, one thing to remember Is before that it was a school building. Which was approved by specific use performance And they had*lot of Iraf is Through Ihere. Chairperson Scherte I'm sure they probably did j Mr. Richards And 1 mean, we've been therefor several couple Vest x almost two years and our traffic count on a 1 dairy basis is not one-tenth of what that Is. And the other point that I would like to bring up Is @s far as the access on the 15,000 square feet, the buildable area lot all buildingr lets say, You know @gain,I've got a 3,50, I'm like you fm 0 trying to compromise and reach something But when you say 15,000 feet, you know you could use the 20 foot setback and give me the 15,000 square feet and that would allow me some flexibility to put an out building back that's going to bum up a 1,000 feet or 500 feet or whatever,you know gives me some flexibility to work on that end of It 1 You know the way I'm looking at It Is,on the cap situation let me find where I you can eliminate,M we go 2C feel on the setback and just simpy say you know you can only build say we up R 15,000 square feet and we've got•20 foot setback t think that's a pretty good In my opinion a pretty halfway medium situation. 37. --- -- — --- t4br 4,tiff C] 2 x l i , e r , c L, nraaeccw , ji Planning end Zoning Commission Minutes March 11, 1098 Page 23 of 3' Chairperson Scher. What about the landscape though? Mr.Richards, I would go for the landscape. Chairperson Scher'. I'm sorry... Mr.Richards: Sure, Chairperson Scher: I didn't make myself clear. Do you think there Is enough room for landscaping with 20-foot setback. Mr. Richards" I think so. Because, yeah you've got that complete south property line that you could use that on. Well, I don't how close this paving area gets.N gels fairly close. This would be the only area. I mean you could do. N gets pretty tight right in here. Chairperson Schertz: Right Mr. Richards: But you could still do some landscaping here. Chairperson Schantz: Well I think,Mr. Donaldson wasn't your original drawing just showing landscaping to it certain point and not carrying N all to the and of the property? Mr Donaldson: Yeah, I suggested starting at the mid-point and going to rear with a 20 foot buffer yard on this side and the rear,and a 10 fool buffer yard on north side. IY Chairperson Scher: I guess we can do that then? Okay Oh, can we see that drawing one more time with your trees? Ms. Gamer: They look more like flowers than trees. Chairperson Scher vYt,v don't you comment on what you're thinking about the 20-foot setback. Do you think that it's not realistic? Csuie visualizing it and doing N N's difficult. I mean Is N even doable at 20 or do we need to go ahead and say 2f or 30 or is It doable at 20 and see what Council gees with? Mr, Donaldson I suspect Iha Council may stick with the 55 Chairperson Scher: Well that's,I know. Mr. Donaldson. On the other harts, if I were a neighbor here, I would just as soon have the building shield all the activity from In front building from my yard, Rather than have the building set to the north, and have all the activity taking place between you and the building. If N's a well-designed building and lf the buffer yard is in place that may be a more desirable situation. Chairperson Scher: So, H we went that direction and you could present a drawing to Council that suggested that ^ then that might help visualize,just another option of how to do It And I would Just like to talk, ask the petitioner or the applicant if that Is something he would consider To get more space is infigure your buildings the way you want them. Because what we are talking about we did what Mr. Donaldson said.you can't have any doors open towards the neighbors,(here's just going to be walls,there not going to wall any windows overlooking, I mean Ns going to get real specific real Quick When you gel that close to neighbors,sot Just want to throw that oul. Mr.Richards: It gels pretty tough Chairperson Schatz: Yeah it dots, And we're a lot easier than Council, Mr Richards. I don'Iknow 0 . Chairperson Schentz: All right, again we're just I ying to accommodate as much as possible with the space given end I think we've probably exhausted all the different avenues, Unless anyone here would like, Commissioner Engelb(echl would you like to make any comments? Mr Engelbrochl, I Just have a Question for Mr Donaldson. T can ten you now that I'm going to be pushing very hard to direct all storm water as a condition here. If that storm moved, now my question here is,do we needs little more l 38. 2 .1) X 32x10 ',- @ossssst ', ' 0 l rea.aw Planning and goring Commission Minutes March 11,1998 Page 24 of 31 , flexibility in the location In the building area In order to ensure that he Is able to get ulat storm water directed out there? Mr. Donaldson: I think that could help to do that By having a greater building area but still having the cap In place would give you more flexibility... Mc Erigelbrecht. In terms of where he has to place k. Particularly o order to see that the water Is removed Mr.Donaldson: Yeah, Chalrperson Schertz: Can he do that without disru;:dng the paving that is existing right now? Aro we asking him, 1 don't think 8's fair to ask him what to do something that was already Mere. Mr. Donaldson: 1 don't think that that pavement Is worth sahrsging frankly,but... Chairperson Schertz: Okay, or Mr.Salmon may be able to comment on that Because 1 agree,drainage is Impotent but I'm Just wanling to make sure that he's not going to have to major... Mr Salmon. Well, I think this Is very similar to the drainage situation that we had with the Sterling House up the sheet You know we had neighbors that had backyards that were holding water and water was coming OR that {) property. And it's kind of a catch 22. The neighbors wanted the building close to the property Instead of the parking I lot. But had they had had the parking lot nest to their property 8 would have been a little bit easier to deal with the drainage lssues Because you can catch the water in a curb and fell your parking lot or drain It out to your street. But by building next to property line a opposed to the parking lot,they had all that roof drainage Coming off Into a narrow area between the building and the We and it was much more difficult for the Seeding Hove@ to deal with that drainage. I think they finally did eventually,but it was much more difficult to deal with the drainage with the building close to property line. Chairperson Schertz: That's a very good point and I hadn t oven thought about that Cause run off from the roof,you can't Ignore it Mr. Salmon: So if he's going to build buildings 10 feet or 20 feel from the property line, that is a concern how the roofs are going to drain. Chairperson ScherU: That's a good point. That's a root good point Ms. Gourdie How exactly will we be making a motion on this if we decide to do the compromise situation? Chairperson Scheflz Mr Donaldson would you like to address that? Mr. Donaldson. Well, I would simply suggest that you e,w the numbers that you want to change In the recommendation and just rrova to approve the Item number as presented,except that substitute 20 feet for the 55 feel Ms. Gourdie. Okay I , Mr Donaldson. 8,000 for 10,000, t Mr. Engelbrecht Madam Chairman, I'm going to move to recommend for approval of case 2.98.007 subject to the conditions as presented by staff with the exceptions that number two the area, the building area should not exceed 17,000 square feet and number three, that there should be a 20 foot building setback. And also,with the additions of a number eight,which requires that all storm water be directed away from adjacent single-family residential lots, And number nine,(hot all-additional facilities ere limited to single story. j Ms. Apple I'll second that motion. Chairperson Scheer, Alt right there Is the first end a second Is there any discussion? • Me.Gourdie, I would like to know does 12,000 square feet,I'm just curious why you chose that number? Mr. Engelbrechl Well, 10 be honest with you. I was concerned about 15,000 square feet from the stand point of building area and then the parking lot and it's a great deal of area At the same time,I knew I was going to add the 39. a 'AaBllaAa ;1 C t l Planning and Zoning Commission Minutes March 11.1998 Page 25 of 31 condition of directing all storm water from that lot somewhere else as it should have been to dart with. In my opirion, and so that's why I increased that area somewhat. Ms.Gourdie Thank you. Chairperson Schanz: Commissioner Moreno, Mr. Morino. Yes madam chair thank you I guess at first glance the 55-foot setback seems excessive, But in analyzing It and in light of Mr. Donaldson's recommendation the 55 fool setback along with the 10,000 square foot maximum of the building helps the maintain the Integrity of the neighborhood In terms of its Intensity, I'm going to C agree with Mr. Donaldson and his recommendations, and so therefore I will be voting against this motion as it's stated, Thonkyou. Chairperson Scherizl l have a question Mr.Donaldson, Did you all decide anything over there that we need to know about? No.I just, I'm having some reservations that we can accomplish whet we need to eccomplish by shuffling the numbers I know you gave It a lot of Thought. You've done everything that we're doing I'm not sure Mr. Donaldson: We're back to the envelope calculations Kind of indicated that thal perhaps 12,000 square feet might be the maximum that you could put on there and dill accommodate parking and still accommodate drainage and still aaammodate landscaping, Chairperson Schertz: And do you concur,and I would appreciate your opinion Dave, that given the 20 fool setback cause I think fire Council will probably have a little bit of a problem with that. Can that be)uslified to help the drainage situation? Because if can I think it's a realrygood point. Mr. Salmon, If you've got a condition Thal requires them Io direct all of their drainage away from these residential lots they are either going to have to Install roof drains or gutters or something on the buildings it they choose to build them that close to get the water towards the street anyway. So you know,I think the condition that you are adding is going to control; I think that if they put the buildings close to the property line It will make It more difficult for them to do that. They are going to have to workout someway of doing that if you've got that condition. Even if that means putting in root drains Chairperson Schanz, So what you're saying Is, the 20 root setback Inslead of" 55 foot setback might help the owner in that situation. That's what I'm looking for,a yes or a no. Mr, Salmon, Right, they can certainly, they accommodate the drainage in 20 feet; It may be more difili but d you've got a condition on here that says they have to drain it towards or away from the neighbors they'll have to do it ' t In that 20 feet Chairperson Schertz, Woul'tt be easier,I guess,If they want to use the 55•foot setback that's their decision Mr.Salmon, Right,they can always use more than the minimum, Chairperson Schertr, Right,but the minimum is 20. y Mr. Salmon Right, and you can do enough grating or dirt work In typically in 20 feet if you have to control your drainage, 10 feet would probably be too narrow, but you could probably do enough dirt work in a 20-foot&trip 10 try to control the drainage. Chairperson. And throw in some landscape Mr Donaldson: The other thing that we were talking about was in that scenario with a 12,000 fool cap and a 20 foot setback, the 50% impervious area cap may be the control that would give you 28,000 square feet roughly of impervious surface. And that might kick In before either of the other two reaches their maximums, Chairperson Schantz I think what we are all trying to do Ili maximize k. And B looks hlie there's going lobe two Q or three things that are going 10 help you decide what direction to lake. Sows are just trying to give you,I think what your trying Is some 8exib lity and I think that what we are all up here to massage it for so long and got. We have a motion and a second Is there any further discussion? Seeing none, let me pul us in the voting cost. I would ask Commissioner's to please cast their votes, Voting is complete and I will display voting. Do we need to get that off the screen to display voting? 40. 10 32XIO 7 e xraart,Si I Planning and Zoning Commission Minutes March 11, 1998 Page 28 of 31 Mr. Donaldson: No, you should be able to control It, Cr.Oirperson Schertz Okay,there. It passes 5.1 with Commissioner Moreno voting against it. Thank you for your time this evening (5- 1) I would ask the Commissioners at this time if we need a 10-minute break or rather,a 5-minute break All right, I think we would like to continue to keep the progress moving. These people have been very patent this evening and to 9 you would bear with us for a very quick 5-minute break,then we will start back. That would be at about 9,24 p.m. i 9. Hold a public hearing and consider making a recommendation to City council concerning o requssl to rezone a 0.2188-acre parcel from Commercial(C)zoning district to Muhl-Fomllyl (MF4) zoning disWct. The subject property Is located on the northeast comer of Maple Street end Myrtle Street, commonly known as 218 Maple Street. (2.98-008,218 Maple) Chairperson Schertz Item number nine—bold a public hearing and consider making a recommendation to City Council concerning a request to rezone a 0.2788-sue parcel from Commercial zoning district to Multi-Family zoning district. The subject property Is located on the northeast corner of Maple Street and Myrtle Street,commonly known as 210 Maple Street. Mr.Reed is going to address this item. Mr.Wayne Reed presented the staff report I Mr.Reed Thank you very much,Madam Chair Chairperson Schanz And I will open the public hearing. I forgot to do that Iasi lime. Mr, Reed: Let me gel the document. We are looking at essentially a quarter acre tract located on the northeast corner of Myrtle and Maple, The applicant has requested the change to Multi-Family-1 to that he will be able corvee an existing garage on the property into a dwelling unit, either a one bedroom unit or a duplex depending upon the constraints of the dimensions of the structure. This site or location map illustrates the surrounding structures. First, III la!k about the zoning To the west is o two family zoning district, as well as the weal,northwest and southwest and the property or the zoning district boundary line runs pretty much north to south down Myrtle Street and logs over and continues logo south down this street here To the north of the property, subject property Is a vacant lot. On the north side of that vacant lot we have a single family dwelling, to the west side we have tingle family structures and to the south we have a vacant structure on the corner which is boarded up and then single family dwelling. Then to the east we have a commercial business,it's Jay's Upholstery and Norli Overhead Door Company and they face Elm Street Some Information about this site, this is an old lot of record which essentially means Its never been planed. And because the applicant has expressed his desire to convert a garage into a dwelling unit without expanding it Or • , constructed another structure on site, he will not be required to play If he were to propose to build another structure in the future he would then have to plat this property. The garage currently Is a conforming structure; however, in a commercial zoning district however going to a Multi-Family zoning district It will become a legal nonconforming structure because it is closer to the property line than is allowed in a multi-family dillrid where, In a multi-family district that abuts existing residential land uses, a 10-foot setback is required So N becomes a legal nonconforming structure, which restricts the applicant's ability to expand the structure. He could not increase Its size to the west or to the east because of the 10-fool setback requirement. He could increase the square footage of the structure going south more into the Interior of the lot. This map gives a clearer Idea of the exact proportion of the structures on the sits with the overall acreage of the site Going to a Multi-Family zoning district lire applicant win be required to provide some public improvements. In particular,off street parking based on the total number of dwelling units he will have to supply on-site parking Also,landscaping will be required, Including a six-foot screen along the north property line, which will separate the Multi-Family district from existing residential uses. And also a three-foot perimeter screening to where the parking lot Is placed separating it or screening It from the public street that It fronts, As for a the consistency with the Denton Development Plan,the request Is 1DO%consistent. It diversifies housing In the area; it provides a buffer between the existing single family dwellings to the west as well as somewhat to the north from the r commercial land uses to the east. And It also Increases landscaping In the ores. It should be pointed out that the density of this Multi-family zoning dislrict is limited because of the smell size of lire lot. If, at present he will have--N he converts the garage Into a duplex,he will have two units there, Currently, he has a multi-family dwelling over here O with three units With that combination there he is required to supply approximately nine perking spaces. And the q right there will eat up a lot of the land area So el no point could he all of the sudden put 20 units on this site,and first y 4 is something that I would like to make the Commissioners aware or. Property owner notification,we had 22 property owners notified, we had five responses. Of(hose, we had two in favor and two neutrals and one in opposition. I would like to point out that the one response that we received In opposition slated that perking In the area was a problem, Well in this particular case,the development would alleviate some of that on sheet parking by the required off street parking for this property. And I'll open N up to questione. 41 , 32 x , i 1 i v i 1 „ r •� r n 1 , , � � 1 1 + WORM r a 1 y w f , a l . ,..,.. r ...yl :..[. ., wrw+n wv.rw M+.v.a:c�, •e .e..r'b:i„ 4. '( ..Ji.,•n. rwwrw�+iwVMhaMdiFMMN�tMJM1J1*aa*+f0idR4t r "M� �h r. •.1 '. ATTACHMENT 1 Z-98-007 (DBR CONSTRUCTION) PHOTOS p Photo 1. View looking west across Hinkle Photo 2. View looking southwest scrosa Hinkle Street at office building on site. Street at the south lot line of subject property, i III, Photo 3. View looking west at the beck half of Photo 4, View looking east from northwest property. comer of property showing the open area of the i I J r- 1 42. �t I =M�miiiiw��MIJMLEMMOR %Milani r O ? r Awax.. ... s.. ..w"+.MUD ,r•M.y:rn+S pa.raV%•. ate.n..M,...r, i r z.9sm� ATTACHMENT 4 I i l ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOK A CHANGE FRuM THE OFFICE, CONDITIONED, (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH FOUR CONDITIONS TO THE OFFICE, CONDITIONED,(0[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH NINE CONDITIONS FOR 1.203 ACRES OF LAND LOCATED ON THE WEST SIDE OF HINKLE ROAD NORTH OF GREENBRIER STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, DBR Construction, Inc., initiated a change in zoning for 1.203 acres of land from the Office, conditioned, (0[c]) zoning district classification and use designation to the Office(0) zoning district classification and use designation; and WHEREAS, on February 25, 1998, the PIanning and Zoning Commission recommended approval of a charge from the Office, conditioned, (O[c]) zoning district classification and use designation with four conditions to the Office, conditioned, (O[c]) zoning district classification and use designation with nine conditions; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designate.,n of the 1.203 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Office, conditioned, (O[c]) zoning district classification and use designation with four conditions to the Office, conditioned, (Ole]) zoning district classification and use designation with nine conditions under the comprehensive zoning ordinance of the City of Denton.Texas, subject to the following conditions: 1. The use shall be limited to offices, professional and administrative offices and associated accessory buildings. 2, The area within all buildings shall not exceed 12,000 square feet. 3. There shall be a twenty (20) fool building and dumpster setback from the southern property line, a twenty (20) foot building and dumpster setback from the western property line, and a ten (10) foot building and dumpster setback from the northern • Lighting line. 4. Lighting on the property shall be designed and maintained so as not to shine on, o. O f otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 5r Impervious area on the property shall not exceed filly(50)percent of the lot area 43 , i ] 3zxla r. 1 1 y S t :e r 0 r a _ .ate r i r ._- .« .. � ,.,..arrrwv,MYMlvrwuSJMlt1kl�I1h5644 L<kry ?Y;iwwNinDrw .,.««. . I 6. From the midpoint of the southern and northern property lines, extending to the rear lot line, and along the rear lot line, there shall be maintained a twenty foot buffer yard, consisting of landscaping, within which Do less than twenty trees shall be maintained. In addition, an evergreen hedge shall screen the southern edge of the current asphalt parking area from the residences to the south, 7. No open storage of equipment, materials or commodities shall be permitted on the property. S. Storm water shall be directed to drain toward Hinkle Road so that storm water is not allowed to drain toward adjacent residential areas. 9. Development shall be limited to single-story construction. , SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 111. That any person violating any provision of this ordinance shall, upon r conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of Shia ordinance is violated shall constitute a separate and distinct offense. I SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in I the City of Denton,Texas, within ten(10)days of the date of its passage. PASSED AND APPROVED this the^day of , 1998 JACK MILLER, MAYOR f ATTEST: JENNIFER WAL'TERS. CITY SECRETARY BY: } APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY f i k F:'S!{AREb.UEPTd.OI`,W�U.R Umm<r[TJinoncen9l'79A-00t Jnt 44. 25 j 10 32XIO DAMw. e o 11.WIN /r rNOOeI 41265, *r 4409 — I WT m' ` If r 1 W I ROBERT BEA UMONT SURVBY� ��f CpC. IA 31 i tl1 p ` OM1 4 �w iiifff II[WtrNif \ � Ip,��t r1„� COYtMi GONG w fie C111071 H 0010" • J °sr.f�1 1 f I im f R f role L.i per r , t v' rt tA111CM a � e1M/r/�Nr,Yt.r.lr lrN//W i.IMrM Y� �1 11rt NYrM N1!-r 11,M r CF N Mq/Orrn M1w1. N DPW IN iew,r lyNf/�N«1r1rn`�°r efN, rrNrV NNNrw. er+Nt:Y�'fNNf.M IN«fMIN'rA hw%WN1 1MNN'I�rMlf f l !rM/N�NII fYNrA ,00^MIr NN/nf.see W 'M�O W WMf�06OW rrYM "g 61% y��rr fNf Ifr«1NN,r tMr-f M ter/tlAw OrrN Owrr(e1 ral7 Y M M/rwA nwM+.IMwNN R rM�t!I� id to r/AMN I1I�n/III►OMONh�M1W4'"0 n/ /O MI IfMOIMM W°ae M enRIM rOO°NttWIMI p M° me N r rtly,rtl FM rrl f/rMra/rr`/M rM M/M MIIMNI 1y/gff/0 W 101NIrW t.MO11n100NNMP I. N�wNNOrr.a..rlt�r�rlrYwn/n.rN,N 1NNItlNrw./... ,.,/deifr.� .w1tNrNNNNr-.IN SURVEY PLAT Ve w.N«IMIM(wIN1.1�N. -NN vbArr M� nrN-�Nw wIrd rNi.r�iN 1.203 ACRES MIY/I NerKl1,17tMMAh M,MNtiti/Nn fI NNHN NtlM�r MYNFr/MNNNI,v/N rON4 rM eN f/11v/rtN HNNNr 1-/Y NN MI M MM r rn/.NM 1r1 gni*Mr Mr MI►�M N wry/M"'G'+NN'r'.rr•~• 1N THE N/�1rrn.N/NNw/MrN/N NU/WNMAyN1`M°«Ne �„y//hy/,rrrt rraw.NNNM!�NYN/�Nrr//M/rlw . rINNYN.NMrw/r.-rMtl.tlelr/nriwlYMM~f1, 1ANMMrNwIMNhM1dW`fti/rrr4N�NN,rtNNINN►r` R09ERT BEAUMONT SURVEY A— 1 0,.-allof CllY OF DENTON }MYC11K er1r 1.N1r N«w�/M/I r-fMNNf,h I.wrfwNer-MwNr r.NfNlrrwtrw twNM NM+rrs.M M wposs1w�ef11M�1MrrN r+» W M M M1�1NMM M rMM- N.f 1rfN/1In/11Na rw1fbinerrflNN R20 IN'1 /Iw n«.rN OM � taUttgM 4IIiM/N-N M M OI A l 10, ORMfTiMM M�N�«I.NM�W rwN rY 111/1 $114111 elffM.NN1 UNI n 1Nd /M1 111 i11a/1/ «+rE Iaw+-t NY N0►,w 4 NI, MAIN- N r r Iw N N fr11 rr N-ra plefMla.i1N 1Gt.11 . o►,oe '• T 3 IlgWilY Exhibit ^B,. i FIELD NOTES 1:203 ACRES BEING all that cedaln bl,tact,or pwW of karat sbAAW In tlw Robert 6e64morrt Survey Abstract Number 31, In Ow Coy and County of Denton, Texas, b*g a W of that oartaW tract of land conveyed by deed from The Church in Damson to Rhonda Hom at aI recorded In Volunw 2218, Page 034, Real Property Records. Denton County, Taws,and being more partioulsnly described as Ibllows; BEOINNING at a point for comer in Hinkle Drive, a pubic roodMaiy, acid point being the southeast comer of said Ctwrch In Denton tract; THENCE N 119' 17 4Y W, pass at 20.76 feet an Iron rod found for west tlrw of said Road, a total distance d 435.60 feet with the north Ins of Block V of North 1lnhmsity Plwoe, Third Extension, an addition to the My of Donlon, Denton County Twos a000rding to the plat thereat recorded In Volume 3. Page 13 (pow held In Cabinet A, Pops 18fr) PIN Records. Denlon County, Toccoa lo an Iron rod W for corner, said point being the southeast corner of that certain tract of land P conveyed by deed to Damian Gonzales Hunter recorded In Volume 942. Page 870,hoed Records,Dww County, "reams: THENCE N 01' 2. 3W E, 121.50 feel with the Temnenls of an old ferroe Nna and with the east Ilene of said Hunter tract to an iron rod found for comer, sold'poiN being the soudwwst comer of that certain tract of land oonwyad by dead from L. F. Herat to Kelly Brooks on November 17, 1958 and recorded in Deed Reoorde, Denton County, Tax"; THENCE a 88' W 5Y E, with the remnants of an old %nos Ina and wbh IFro \ south line of uW Brooks tract, pans at 411.76 feet to an Iron rod found for west lire of said Road, a 1*1 disfana of 432.55 feat to a point for corner In sold Drive; • THENCE SWH, 119.80 fed with saki Drive to the MAC! OF BEMNINQ end oontalning 1.203 aaea of lend.of which 0.05 more Cos wllhkt public Medway. (commonly known as 2301 Hinkle Drive) 46. ; , . F) 10 32XIO r y 4 1 i 4 1 i , i .., . .!. ... •. .., .. ,.,+ ..... r:. . .. , ,n., .. ..:.r.,.•r.lYnJw��.u1:�nR'rvrpCd�'Y�Ikdbtr+:d�"'(9^Yl,.��O h��.;��M.f � .,'d:?t',y,' L&XIAK�GNAL� Apa�de No.�IG.._Y� AGENDA INFORMATION SHEET Agenda It m a' Gale AGENDA DATE: April 7, 1998 DEPARTMENT: Planning Department •� DCb : Rick vehl 349.7715 EE f E ' SUBJECT—Request to Rezone (Z-98-006) t Hold a public hearing and consider approval of a request to rezone 17.46 acres of land from Agricultural(A)zoning district to Light Industrial (LI)zoning district. The property is located in i northwest Denton on the south side of Highway 77, between Loop 188 and 1-35. (The Planning and Zoning Commission unanimously recommended approval of a change to Commercial, i conditioned (C[c])zoning district) BACKGROUND The applicants requested a change of zoning from Agricultural (A) zoning district to Light Industrial (LI) zoning district for the purpose of developing a truck repair and truck parts distribution center on a 17.46 acre tract in northwest Denton. The proposed use is also permitted within a Commercial (C) zone district. In fact, there are a relatively small number of uses permitted within the Light Industrial (LI) zoning district that are not allowed in the Commercial (C)zoning district. The subject property near the intersection of 1.35 and Highway 77 is at an important entrance to the City, yet the market has developed many vehicle-oriented uses near the intersection. TXDOT is preparing to upgrade Highway 77 in this area to a divided, four-lane thoroughfare, A planned development (PD-142), the property's neighbor to the south, is zoned as a "business center•', with many retail, commercial and office uses allowed, and a planned collector street running along the western boundary of the subject property to an intersection with Highway 77• Exposition Mills, south of Loop 288, is the first developed area within the 246 acre planned development. A preliminary plat of the property was approved by the Planning and Zoning Commission on March 11, 1998. Two lots have been platted. Access to the property directly from Highway 77 . is limited to a single joint access serving both lots. An access permit from TXDOT will be required prior to recording the final plat. Upon development of the collector road proposed as access to area within PD-142, additional access from the western side of the property will be k available. The 1997 traffic count on Highway 77,just to the southeast of its intersection with 1.35, was ' 8,675 vehicle per day. On Highway 77, to the southeast of its intersection with Bonnie Brae,the 1997 traffic count was 6,953. 0 • The Planning and Zoning Commission recommended rezoning the subject property to a Commercial, conditioned (C[c]) zoning district, with six (6) conditions, instead of a Light Industrial(LI)zoning district. The conditions recommended are, f I L f 5a�n.nn 1 1 R p':a f t -I.'.. llr,n•i M1 Cdw(ini/'n 1 , 2S 32x ❑ ( 1 5 • • I l 4 a , , t r r ,'..Sx.r".i.1 ...w+ul..t u.rva�w.r.� i .� � :r3 �-.. ....n mvy.:KN0.viarNr ,WIMeM41+WfMw§t�tkNwfl4hwrlMM�i°.Se n �,w- •. r " 1 ( 1 P 1. The building line along the Highway 77 frontage and the western property line shall be fifty(50)feet. 2• A landscaped area no less than thirty(30) feet from the property line along Highway 77 and the western property line shall be maintained. ' 3. A landscaped buffer yard of w,enty(20) feet shall be maintained along the southern property line,within which no less than one(1)canopy tree and two(2) understory trees shall be maintained for every seventy-five(73)lineal feet of t boundary. 4. Exterior lighting shall be shielded so as not to directly illuminate adjoining property. a 5. At least fifty(501/6)percent of any building fapade that is principally oriented to face Highway 77 or the western boundary of the property shall be masonry I materials. Areas of masonry shall be vertically oriented so that there is masonry from the foundation to the roof eave. 6. No truck bays shall open on the fapde oriented toward Highway 77. Public opposition to the zoning request to a Light Industrial (LI) zoning district represented 54 percent (one owner)of the land area within the two hundred (200) foot radius from the property. The 75% majority rule would apply to the request to rezone the property to Light Industrial (LI) zoning district. The opposing property owner suggested rezoning to a Commercial (C) zoning district. PRIOR ACTION I REVIEW(Council,Boards.Commisslopol The Planning and Zoning Commission at its meeting on March 11, 1998, recommended approval (6-0)of a change to a Commercial,conditioned (C[c])zoning districts FISCAL INFORMATION New development will contribute more to property tax revenue than the currently vacant land. Development will also require local government services. Public Improvements by the developer wiii be required to further improve this property. ATTACHMENTS L P and Z Staff Reports 2. P and Z Minutes,March 11, 1998. 3. Draft Ordinance. t n� Res tfulll b ' � • ! avid Hill Director of Planning and Development Prep cd by; ' Mark Donaldson , Assistant Director,Planning and Development lli llarnnir nn U Rr lnn'4r i'dt'rulln Rena lr IJrldr�u r1rt' 2. 7 17 i , v 2h x 32 x ❑ ^ � r n ,ATKA= r O . 1 1 � 1 *MP*W ',r.., _r ..r,♦: ry+.n...C;ay;i A.a •;• . .... . ... .... . Tn•Y aS MaS r:/Y4''n4'fM.W::UWW'G�r+ r.V•.;.^rm°nkr k+. '.�"e � inrn ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT ! Subject: Request to Rezone 17.44 acres Case Number: Z-98-006 Baruch Addition ,$Afff: Mark Donaldson 2al8: March 11, 1998 it GENERAL INFORMATION Applicant: Coleman and Assoclates Surveying P.O. Box 686 ! Denton, TX 76202 I 1 Owner: Baruch Properties 15851 Dallas Parkway Dallas, TX 75248 Action: Hold a public hearing and consider making a recommendation to City Council conceming a request to rezone 17.44 acres of land from Agricultural (A) zoning district to Light Industrial (LI)zoning district Location and Size: The 17.44 acre tract Is located In northwest Denton on the south side of U.S. Highway 77, between Loop 288 and Interstate 35, I Surrounding Zoning and Land Use: LOCATION Z0� LAND USE _ North: Agricultural (A) Undeveloped ^1 South: Planned Development Undeveloped portions of Hillcrest Center, a (PD-142) 246 acre multiple use planned development that allows retail, commerclal, office, manufacturing, institutional, recreational, and agricultural activities. East: PD-142 Undeveloped portions of Hillcrest Center , r Commercial (C) Truck Stop West: Agricultural (I A) Undeveloped 0 Denton Development Plan (DDP): This property is located in Intensity Area #12, bounded by Bonnle Brea on the east, the A,T & SF railroad on the west, Barthold Road (extended) on the north, and Westgate (toad (extended) on the south). This is a high Intensity area, containing 1,059 acres. 3. 2.) 32X ❑ 0 r N3llFA9 c r ;,. ,,o, r, rM . wA:-. un .r. ..x. -n rte' .i .. .. + .-.. < ... - :✓P•YMM,Y MNr, . YdrteiSW!°fti. 'YAllkYuMM1^.Rf.^ilsW nVi � Ai YMN "; Urban Center. The 1988 Denton Development Plan designates this area as the "northwest urban center". An urban center is the largest center described in the DDP, strategically located to encourage the concentration of commercial, retail, office, light Industrial and multi-family housing. These centers are intended to serve as the hub for economic activity and employment. According to the Plan, the northwest urban center should be approximately equal In size to the southeast center by the year 2010. I This area is one of four major activity centers Identified in the DDP; the others are (1) the Golden Triangle Mall area to Mayhill Road, (2) the airport area and (3)the downtown core area, SPECIAL INFORMATION PD•1142. Planned Development 142 Is contiguous to the subject tract on all sides, except for its Highway 77 frontage. PD-142 is a 246 acre multiple-use planned development that allows retail, commercial, office, manufacturing, Institutional, recreational, and agricultural activities. As approved In 1991, it is extremely Intense,with an allowed Floor Area Ratio of 2:1 north of Loop 288. Maximum allowed height Is twenty (20)stories. A business center Is proposed. Exposition Mills Is the first development In the PD. Its detail plan was approved in December, 1993. 1.35 and Hwy 77 Intersection. Current development at the intersection of Highway 77 and Interstate 35 poses a significant challenge when compared to the proposed activities contemplated in PD-142 and the urban center as descrbod In the Denton Development Plan. In the southeast and southwest quadrants of the Intersection truck stops are currently operating, Commercial (C) zoning in the northeast quadrant would allow additional trucking-oriented development. The development activity at this Intersection Is obviously vehicle-oriented, with an emphasis toward meeting the demands of the users of the Interstate Highway system, Major entrance to the City. This is a difficult transition area for the City. It is at this location that the planning concepts that encourage high-Intensity economic development meet the reality of 1 the market for development that provides vehicle-related services. It is a major entrance to the City. As a result, the quality of development Is Important to city leaders. Highway 77 is scheduled in the near future to be upgraded to four lanes, divided, with a median. This Is an opportunity to visually enhance this parti;ular entrance to the city. Design Standards. The City Coun6 Is currently discussing many Initiatives that would create or enhance the design standards required by the City. Over the last several years,the attachment of conditions to zoning amendment!,that serve as design or performance standards has become ` a common practice of the Council. ryplcally, these conditions help to mitigate anticipated negative Impacts of new developmrmt on neighboring development, existing or future. Common zoning conditions have included lighting and landscaping standards, as well as building characteristics, BACKGROUND This property was annexed Into the city in 1988 and zoned Agricultural (A)zoning district by ; Ordinance 86-08. There has been no further zoning or development activity associated with the yproperty. O • !1r The preliminary plat for the property was considered on the consent agenda of this meeting. NOTICE Notice to the public was mailed February 25, 1998, to six(6)property owners within 200 feet of the subject property. As of Thursday, March 5, 1998, no replies have been received. 4. � Y ❑ 32x ❑ 1' � 1 . 1 1 Y y 1 atataaiw 4 A' 1 • O I ,nswxs. :a I'.{i .. i qtr S.r p U.�.i!:n. . . '•.c. � ... �, i.....• p�k.<n•4sATa'/d P1JCK'11A �.SeNf i r. }ery}{'A � tt4 VL\N ANALYSIS The table below will provide a summary of the Plan related analysis for this project: Denton Development Plan Policy Analysis Summary Urban Centers Development Rating vs. Polity Significantly somewhat Consistent POLICY COMMENTS inomsstent inconsistent The proposed use or die property as a toterslty buck part dsbtbutlon h probably less x Intense Iran oontemdated by die DOA 1 Commerdal and Industrial emphasis tight Industrial toning Is prapoW x The proposed toning v ll aea'e Mlxtwe or employment and Nqh density employment opporbrnitles but no res'dentlal uses housing. All Indwdual properties should x 1 not be expected to provide a mix or uses Looking to the Future. One of the purposes of zoning is to implement the goals of the city. The Denton Development Plan states the expectation that this area will one day become a major employment and activity hub of the area, but that time may be twenty to thirty years down the road, In the meantime, land owners expect to use their property In accordance with the current rules and regulations of the city, Development that make sense today may not make as much sense if the focus is on a longer time period, On balance, the proposed use seems to be compatible with development in the area. However, i the uses proposed by the applicant can be developed with Commercial (C)zoning. There are relatively few uses allowed in Light Industrial (U)zoning that are not allowed In Commercial (C), but they are some of the more obtrusive uses allowed in the city. See enclosure. At a major entrance to the city and to PD-142, the quality of future development should be controlled, City Council has already authorized •itaff to prepare materials that could result in Increased land use controls along major corridors. It is relatively easy to identify a number of conditions that would improve the perceived quality of development, Including setbacks, • landscaping, lighting, and design standards concerning building materials and appearance, ReCOM ENDATION Staff recommends a change of zoning from the Agricultural (A)zoning district to a Commercial, conditioned (C(c)) zoning district, with the following conditions: • 1. The building line along the Highway 77 frontage and the western property line shall be fifty • • (50)feel. 2. A landscaped area no less than thlrty(30)feet from the property line along Highway 77 and the western property line shall be maintained. 3. A landscaped buffer yard of twenty (20) feet shall be maintained along the southern property line, within which no less than one(1)canopy tree and two (2) understory trees Wilma5. I I 1 I G s 1:.';i,.t .1...Ada'«v.P4YubA+C<r�:up..lwK trc�v f r..s wrwndl'+.WfMMi' MII/SM1M111YK+IIP�ylRfd4NkY. d'4 i.vnw. ' r Tall be mai_ nt�ed for every seventy-five (75) lineal feet of boundary. 4. Exterior lighting shall be shielded so as not to directly illuminate adjoining property. 5 At least fifty(50%) percent of any building faWde that is principally oriented to face Highway 77 or the western boundary of the property shall be masonry materials. a MOTION t, J ALTERNATIVES i 1. Approve as recommended. 2. Approve with additional !fewer/other conditions. 3. Deny, finding the proposed zoning Incompatible with the surrounding area. 4. Postpone consideration to a date certain. ENCLOSURES I Location Map 2. ODP Concept Map J 3. Zoning Map l 4. Commercial compared to Light Industrial Uses I l i f y iI ' • ' I 4 , E 6. 75x1 ❑ 32XI0I r , 'i t � + (4 M r y { � Y I � �. rv:"J1`:I:A RSSj 9Ahl'a+_t.c Jlna..w,...,,.,..i�Mn.v,n•r .r.«...,., a +". .r+.;t L........w�Ihr+irw+w.�IM�VRibKMYw+:la/1'c,w tr., � .u.. \ � r ENCLOSURE 1 Z-98.006 f ; a i 1 , SITE f, I I I I u fll r• _i_i1jL 1�.. ._.. _...._. . _. �_. ._ .'ter _��1�1,. t � � • 7. 1 , I , 25 x IQ 31X ImIddm del . I .: -.,.�., .. ,:�.p Jt.4 #':INlN?n,Yt4"fpk1Po4Y�,Y'n^c SCdANti�!�rf�tep�;ar � •m.:.. f ENCLOSURE2 r Z-98-006 (Baruch Properties) NORTH 4 a OANZER ROAD } ■ ■ URBAN CENTER m ■ SITC V �) I N ou L` a _ o _ I = ♦ V out • HWY.380 NIVERS r Portion of DDP Concept Plan 8. bate: 3111198 Scale: None --;- 32x � � ' L ' Lam.' L. ' W. ' L L ' .. ' W. !' 44 }t A I'• II f1 Cl �� JJ r.� tvry .T"?'fri�Lni.tw t j. SIR 111i A n iC i ♦ 1 .,y r �" P l e'F YL!` i t '-t,� ' i,, t .1 l i rl , +11lfMllb , - i A .ra , �,.a rW nus,..nyti .�......^� rtYnw raw•u.. ....,. ... 5.. ��'� .w.a:,::vWWMWSrha sr reMR.'iµWNwerikaMTM..iasun;s�i ,� , ..,".. r.`, ,l ENCLOSURE 4 �ommercial and Light Industrial ;? Land Uses Compared Nonresidential uses not permitted in Commercial, but atiowed in Light Industrial i t , Type of Use Commercial Light I ustrial ` Correctional Facility Not permitted Requires SUP Electric Generating Plant Requires SUP Permitted Private Utility Shop or Storage Yard Requires SUP Permitted Drag Strip or Commercial Racing Requires SUP Permitted Go-Cart Track Requires SUP Permitted Requires res SUP Permitted Animal Pound q Livestock Auction Not permitiod Requires SUP Livestock Feed Yard Not permitted Requires SUP Petroleum Products Storage, Wholesale Not permitted Permitted Send, Gravel, or Earth Sales, Storage Not permitted Reou!rea SUP Petroleum or Gas Well Not permitted Requires SUP Petroleum Collecting or Storage Facility Not permitted Requires SUP Mining or Storage of Mining Wastes Not permitted Requires SUP Brick Kiln or Tile Plant Not permitted Requires SUP Dump or Sanitary Fill Area Not permitted Requires SUP Mixing and Sale of Concrete Requires SUP Permitted Open Salvage Yard, for Rags or Machinery Not permitted Requires SUP Light Manufacturing, meeting standards Not permitted Permitted i , la a2Xld r S O A ATTACHMENT 2 ATT , Luia� 1JCE T EXCERPTED DRAFT MINUTES DRA PLANNING AND ZONING COMMISSION March 111,1298 The regular meeting of the Planning and Zoning Commission of the City o'Donlon,Texas was held on Wednesday. March 11, 1998,at 5 30 p m.in the Cky Coundl Chambers at City Hall,215 Eailt McKinney,Denton,Texas, Present: Elizabeth Gourdie, Susan Apple, Ellen Hoover-Scherta, Rudy Mcrsno, Carol Ann Ganzer, and Jim Engelbrecht Absent. Bob Powell Present from Staff. Eddie Martin, Assistant Cky Allorney, Mark Donaldson, Assistant Director of Planning, Donne Balemen, Senior Planning Technician Wayne Reed,Planner 1: Jon Fortune, Director of Manogement and Budget, David Salmon,EngineedrIgAdministrator I The meeting was called to order at 5 30 p m. I Carol Ann Ganzer left alter Item 7. PUBLIC HEARINGS 6. Hold a public hearing and consider making a recommendation to the City Council concerning a nogwst to rezone 17.44 mores of land from Agricultural (A)zoning district to Light Industrial (L1) toning district The property Is located In northwest Denton on the southslda of Highway 77,between Loop 281 and 635, (Z-00406,Baruch Addition) Chairperson Schertz Good evening We will reconvene this evenings meeting and begin with item number six— hold a public hearing and consider making s reco emendation to the City Council concerning m request to rezone 17.44 acres of land from Agricultural zoning dlstrio to Light Industrial zoning district The property is located In northwest Denton on the soulhside of Highway 77, between Loop 288 and 1.35 Mr. Donaldson this evening will be presenting this case, Mr, Mork Donaldson presented the staff report. Mr Donaldson. Thank you, Madam Chair Let me get the map up on the document camera here. Map reference for you—the bottom of the map Is Loop 288, along this side is Interstate 35; and across diagonally Is Highway 77. Currently development in the area Is limited to this truck slop and truck stops on the opposite side of 1.35. And way down at the south is the factory outlol Exposition Mills. We notified six adjacent landowners on February 25 and have received one notice back, It Is In opposition to the light industrial toning and It Is from a significant landowner which represents 54% of the adjacent area I will circulate that the opposition was 10 the Light Industrial zoning end suggested that Commercial zoning would be more appropriate, I received that yesterday aAer staff had made its recommendation for the same thing Essentially, this is where Planning 101 meets head-on vi Economics 101. Where the long-range plan for the City Is to have this area develop comparabty to the southeast part of town as a real commercial hub of activity, while ks current demand is for vehicle oriented businesses, The landowners are proposing a truck repair and truck parts distribution center, clearly In concert with the truck slops that are al the inteisecbon of 77 and 635 and also the other commercial toning that's already in place The Denton Development Plan calls for this entire area to be an Urban Center The zoning in place surrounding this area is dominated by PD. 142 which Is the some land holdings and same toning district In which Exposition Mills Is located,essentially calls for the development of a business center and allows a variety of different uses, none of them Light Induslriat. The Commercial zoning at this location accommodate.the truck stop. We've got commercial zoning across 77 with the same sorts of uses allowed What we have offered in recommendation when we, aAer we look N all the farces that are at work in this area with PD-142, the Intersections of the Interstate and Highway 17, this obviously is a major -nlrance way to the Cky. We've heard Cky Council talking about entry ways and corridors for several months now In 0 coyvnction wish some design standards to control some land uses that go along our major thoroughfare widors v Staff could not recommend the Light Industrial and offered a conditioned Commercial zoning with five conditions that lay out he way Thal we anticipate City Council wanting this property to perform. We're suggested s condition that building line along Highway 77 frontage and the western property line should be 50 feet, providing a 50 fool setback, 11 is impotent that this little panhandle, this particular zoned dished Is to accommodate a collector street and Its conneclior 10 Highway 77. So this will be a fairly major right-ofway sl some point, Combined wlth Highway 77 will 11. �t} 1 , :11IaYtlV I 0 Y j • t ssr:row y ,4 - _} .µ. 'r y.'.� a.. ♦ noFUUyM P.ANAL+Y'Nt1V'�ik'a�1MN':W,Y'NNMh: Nw LuvPw �. nP�M.•. ,. 1 Planning and Zoning Commission Minutes March 11, 1908 f Page 2 of 31 create an entryway into this pan of PD-142. We've got a 50-W building line;the landscaped area no less than 30 a feet along those two same property lines; providing for a landscape buffer yard of 20 feet along the southern property al line containing, or actually specifying some of the trees that we would like to do to see In keeping with the proposed landscape ordinance where as proposed now all development would be responsibte for 20 tree$per acre. We don't I ` know whet that unimate number Is going lobe. but R is more than likely will be some number of trees per we This would represent a smell hactlon of the 20 tree per acre rule right now. So,I think we are fairly safe in that condition. External lighting shall be shielded so as not to direly illuminate adjoining property. And N least W%of any building facade that is principally oriented towards Highway 77 or t h e weste rn m bounds ry a shall be o f masonry N materials trying t o snbc ate the types of design standards that e may see C'riY Council looking low, I discovered today that the version of the report That you got In your packets was a preliminary one and did not Include the mailers I've Qol that here,once we get to that point. Are there any questions of me? Chairperson Schertz: Yos, I would like to ask a question. With daft$ recommendation, did you make this recommendation so that the applicant could complete his project? Is that the reason that we went through this whole process rather Ihenjusl saying no? Mr.Donaldson: Yes If you line up the permitted uses of commercial with the permitted uses of fight Industrial which Is provided for you In Enclos'urs 4,these are where it's different. None of Neu are proposed uses and the applicant l has indicated that they are comfortable with Commercial zoning and the allowed uses under the Commercial zoning, Chairperson Schertz: Okay, that was, I appreciate that. I'm sure hell comment on that but that was just a clarification that would help me at this time Commissioner Moreno. Mr. Moreno, Yes thank you Mr.Donsldson,whet Is on Urban Center! Mr, Donaldson, Urban Center as de5ned In the Donlon Development Plan, and I have to read B Is 'An area etrsteg'cally busted to encourage the concentration of commercial relall oflia, light Industrial and mulil•family housing. These centers are Intended to serve as the hub for economic activlty old employment. According to the plan the Nonhwed Urban Center should be approximately equal in size lo Southeast Center by the year 2010.' Mr.Moreno: So a l.loht InduslrisI zoning would not be incompatible with Na Urban Center. Is that correct? Mr.Doroldson Il wouldn't be incompatible with the definition In the Donlon Development Plan. Mr, Moreno Okay Thankyou Chairperson Schertz: Commissioner Enoetbrechl Engelbrecht, Yes, your recommendation number two said a landscape ores no less than 30 fool etc. etc, along { Highway 77. Whet landscape standa ds are to apply for that 30•lool area? Mr, Donaldson: Whatever standards are adopted In the ordinencs that uglmately gets adopted by City Council. As proposed,we have the 20120 rule,which says 20%of your land area his lobe landscaped We don*l didele where h will be. This condition would dictate that Some of it Is In Nat—long IN street frontage. r Mr. Engelbrechl Right, I Just wanted,I kmnv that along the southern property line that you had Indicaled spedfcaly a number of Irees end but you didn't mention any specific landscaping along the frontage So, I was Just wondering If we reed some language In there to specify what rules they are to go by or will that be worked out In later detail, a later date? Mr.Donaldson As proposed In the new landscape ordinance,any parking areas that are p4cad In Iron[of buildings, between buildings and public Streets haw to be Screened. So that would dictate the type of landscaping In that r Particular case, Mr. Engelbrechl. Okay Q Q I Mr. Donaldson. If not,just that 30-foof bunter, Mr. Engelbrecht, AB right,thank you. Chairperson Schertz: Commissioner Oourdle, 12. r 1 ❑ 32xIQ s r F Q � r y mfmMJf71 i .,... .. .. I .,,...1m..n�+i.Mn!atl+MwreaS•^lor.t.a+rnr..,w..H,.. .. _ moormisommommom F Planning and Zoning Commisalon Minutes Morch 11, 1998 Page 3 of 31 t' 1 Me Gourdie. I would Just like some ctarllkstion on what this means whereat least SO%of any building foods that Is principally. does this mean that they can do the bottom half In brick and top half In or steel siding. Haw does this i work when you give them a b0%7 Mr. Donaldson: It Just sets a minimum threshold and it could be achieved In any number of ways. If we've got a building front, some people could design N to that an the masonry goes this way and there Is glass and whatever on the rest of the foods. It could be done so that the 50%are achieved hers In a horizontal bond, Ms. Gourdie: What It, do you have any Was what the Image Is that they arm looking to do with, 60% is Just an inleresting number. Instead of saying this side that aide Mr.Donaldson: Yea,why[mn'1 it zero,or why ioA 1 N 1007 Me.Gourdis: Right,correct. Mr. Donaldson: Because We halfway In between, At present we don't have any guidelines In place We hear language at Council that they would like to see 1004/6. It Is a number Vial we an aasiy change In the recommendation. In the condition N Is a number the Council an easily change. I'm comfortable with 60% being enough to break ups foods a that you don't get the monotonous look of a metal building, Whom combined with the amount of gloss that you might have,you move past the 50;5 of the enUrm area Ms, Gouidie Thank you Mr. Donaldson. I don't know, k's a number. Chairperson Schanz: Thank you. At this time I belleve that is all the questions we have. At this time I would like to ask the petitioner if he would like to address the podium and would you please give your name and address. Mr. Colemem Good evening Madam Chairman and Commissioners My name Is Bill Coleman My address Is 220 E, Sycamore here in the City of Denton. And, I have been retained by the developers to represent them In developing this property and getting H through the process. Originally when we look our Idea to pre-design, we discussed N with the Development Revlew Committee, we told them what we wanted to do and asked for recommendations. At that time the response was that'The proposed use'and I'm reading here'The proposed use as truck repair, service and part sales Is not allowed In the Boned district,Agrlcullural being the current one Such use would require rezoning Current zoning districts, which allow this type, Include, General Retail, Commercial, Central Business, Light Industrial, Heavy Industrial and Planned Development,' Out of those we chose Light Industrial because 4 was light in Ihs middle and It would be consistent with the proposed use and with IM area There Is some Light Industrial already down hers and back over here So that woo the reason why wo chow to go with Light Industrial. Discussion with staff at the time they said[hey didn't ate a problem with it and we went forward We did not find out until lost Friday when the slalf report was released that they were going to recommend Commercial zoning. While we have discussed d and N is compatible w11h [he plans that we haven,like I say we didn't know about d until FrAmy. We thought the Light Industrial would be supported. So that is why we are here You have already approved the preliminary plat the final plat follows, And H you have any questions,I'N be glad to avower them w Chairperson Schanz: Commissioner Gourdie Ms. Gourdis I was Just wondering 0 you could give me an Image of what you planning, I'm really hung upon this S 50%,so if you could Just tell me what It Is your Ideas that you're are looking to build for us, Mr Coleman I don't know beauty I'm not Involved with the building Ma.Gourdle, Okay Mr, Coleman, Just getting the plat process, Mr. Dale Bryant Is here representing the owner of the property end a • handling the sate with the purchaser He could probably more adequately answer that question, t would defer to him. Ms Gourdie, Thank you, Chairperson Schertz Are there onymore questions for Mr Coleman? Commissoner Marano. 13. MERL' 1 s. (7 32XI ❑ s ' r 1 momseems Samoselm r 10004 up i n s i .. ., _ ,,, ,. .„ .«..ywwn�.1*a:s9nw•q lkYVf,ld'Nv�•Pf1'J CYl r, wvnra�a�.et � ... � Y' , Planning and Zoning Commission Minutes March 11, 1698 Page 4 of 31 i r request to rezone to Light Indusldal of would land ou make core I understand Are you s g Mr,Moreno. Let me a Y rp by Y q a Commercial zoning be acceptable? Mr. Coleman. No, I'm Just stating our posltic —why it was mentioned earlier during the questions to Mr. Donaldson k ' why did we come up with Light Industrial and now N is being considered Commercial. Okay,the reason we came up with Light Industrial,It was one of the zoning districts that permitted the use that we were proposing,It was right In the middle of the list and we sold'Okay,we'll try that. Do we see any probismor And like I said,N wasn't until the stall report was prepared and on Friday,Mark called me and said"Hey there Is a copy of the staff report If you would like to see N. We are going to recommend Commerciat(C).• Conferring with my client,we said`That's fine a long as we can do whet we went lo' I Just made the statement for background-4c tell you where we were coming from. Mr. Morena Thank you. Chairperson Scherlz: And we understand then that your client is comfortable with these conditions and with these Comm"at conditions, Mr. Coleman Yes. Chairperson Schertz: Con you dewitis when this Is Duln,Just deWbe,a little bit about what we are teeing and what businesses arm going to be there. I mean,give me a little visual picture. Mr. Coleman Again,the western portion of the property, Lot 1 that you approved on the preliminary plat,I think that I haves copy of N if you went me to loss N up Is for this facility, I'm not sure whal K any they have M mind Lot 2 the remainder. Right now the god is to get,as for as I'm aware and hers again I'll defer,you can quiz Mr. Bryant when he gets up here, But from the way I understand 4 Is that Lot 1 Is ell that is being proposed that we have solid proposal for a purchaser st this tlme. Lot 2 Is the remalndnr. They decided In go ahead and rezone the entire tract. Plot the Lot 1 because this Is wl,d the people[hat want to put In the truck pans facility want,and then they'll market the remainder. Chairperson Schertz, And I'll claim being a female tonight and point to me which ones are 1.35 and which ones Loop 288. Mr.Coleman: Okay this Is Highway,,. Chalrperson Schertz, I didn't know how else to say d,go ahead Mr.Coleman Okay,this Is*larger scale map. This Is Highway??. Chairperson Scheflz, Okay Mr, Coleman. Okay, 1.95 is off the pegs this way, Loop 288 Is off IM page This way. This loo detail of thin area here, And we are dividing N Into these two pieces Chairperson Schertz Okay Mr, Coleman: 05 is over here, Loop 288 Is down here. • Chairperson Schertu And where Is the Expo Mall? Mr. Coleman The Exposttlon Mills Is down here across 288 Chalrperson SeherU Okay That helps. Thank you, y, Mr, Coleman: Okay, Chairperson Schertz I believe that is an the questions.K the owner would like lo-1'm terry. Commissioner Moreno. 0 ,♦ Mr Moreno: I'm not sure who to address this qussllon lo,but I don 1 remember approving a preliminary plot on this silo Mr.Donaldson Is It-7 Mr.Donaldson It's on ibis evening's Consent Agends i 11 . � 32X IO 03m , I,� •+ ''s 1 r �r +� ti , r'f 4r } , �' � � ' I ' ,�, I 7i 3 , • 1 1 i . 1 . ♦ , � ` rk., ,Rx .rM IIY WI♦YVn.,M•�MN}Ai9[iN9`Y{MNM�i M91Mn4.P+ Planning and Zoning Commission Minutes March 11, 1998 j Page 5 of 31 i t Mr.Moreno: Thank you, sir. s Chairperson Schertz: We kind of just slipped N right in. Mr,Coleman: Okay,anymore further questions for me? Chairperson Schertz: Not at this time. Ik Mr.Coleman: I'll be right here. !{ Chairperson Schertz: We get to call you back later. Mr.Colman. Okay. Thank you. i Chairperson Schertz: Good evening,N you would please give your name and address. Mr. Bryant: Yes,my name Is Dole Bryant and I'm with Brute Properties,the address Is 15851 Dells Parkway,Suite 1120, In Dallas. I guess to address your question about the foods,Mr. Donaldson,I kind of liked his skelchss. I think the main Intent there Is that we have a building with a foods with some architectural appeal more than anything Otte so that you don't gel this blank metal siding on the building I think that that's when you take in that 50 or 5091 plus whatever glass you have N pushes you up to probably 75 or 80%ruse then likely of non•mentsl or guess just something real bland. So we feel like that is more than reasonable and that's more and mae fairly standard with these types of buildings And obvlouely being that we are only conveying only a potion of[his property,we wont the building to be as nice to we can possible convince the owner to bulld Of course I guess that would be addressed through the City when they PWy for their Building Permit, Mo,Gourdir. I guess I'm trying to envision a truck repair place and parts with windows. It just, those two things just do not seem compatible. Mr.Bryant: I think what you would have Is a,the building, the front of the building would face Highway 77 any of the repair boys or anything would be south of that I guess maybe to; If you are looking at this, basically the mile we would be selling is here. The front of the building I would suspect would be back like this with some type of possibly owning some type of snlronce element there, But the repair or the bays or the repair bays would be In the root where also putting in a cross access easement to help with that flow and kind of help keep N less obstructive if you will. Because again,we will still own all of this land here, Ms. Gourdle All right But the west side where N will be up against the now collector street I believe that will be going In there Mr. Bryant Potential, Ms. Gourdie And that will be a solid wall, is that my understanding Is that corraot? Mr. Bryant I would suspect Ma Gourdle. Since N is going to be a truck repair bay? • Mr Bry ant. That would be a solid wall Ms Oour6a Thankyou I Mr Bryant. Okay. I Chairperson SoheAz: Commissioner Engelbfacht Engelbrecht: From post experience with a different case but was a repair type of facility there wait a great concern; 4 actually there have been two previous cases that I can think of with regard to repair bey doors focing the highway L"J I Would you have any objection to adding a condition here that prohibits repair bay doors from directly facing Highway f 117 In other words,being on the front of the building? Mr Bryant: I wouldn't have a problem with that. 15. 2 � K � t� 32 x1 ❑ .r , Mr 1 .. ... N M#rMa4 YA'M/MM+. "W#!Y.av nn.uwaY•MUr Planning and Zoning Commil$*n Minutes March 11,1998 Page 6 of 31 Mr, Engelbrecht Okay,thank you. Chairperson Schertz: Now I'm probe*going to get a little bit picky but I'm going back with what Commissioner Gourdie was talking about. This 50%brick Wes,I think what's causing us some concem Is that we are seeing,and N has to do with housing. But you drive up and down and you see where the dead restrictions say 5D% brick; and they've Just come along and just done a hodge podge of siding at the top and brick at the bottom. And just all kinds of arrays that just do not look good but N met code So I think that that is why you are seeing some concern up here and quite hanky N you put the brick on the 50% all at the bottom and you put shrubs In front of N, you've lost the whole effect of why we,of why the request. And I know you as the developer really don't have as much control,you can sit theta all day mind say'Yes,50%is fine'bull how that eventual buyer builds the building will be his decision as long n N meals 50%. So I'm sitting hero thinking I kind of would like to say 6O%bdck is fine ss long as I sea N In s vertical manner rather than a horzontal manner because horizontal ws are going to lose the effect when you are driving by and I've seen It Mr, Bryant: Sure,I wouldn't have a problem with that; but, again,I think the Intent Is[hat when you say 50%,and by the time you add In any type of glass N Is not Included In that 60%, N will get you up to about 75%, You're talking about only another 25% 0, 1 don't really see a problem with N twt mom than likely that masonry would be extended the full length Nits vertical i Chairperson Schertz: All right. Mr. Bryant, I mean I see your concern. Chairperson Scheriz: It's just what we are latking about here and then what someone wants to do when they ore having to look at coal. Mr, Bryant: Yes, and understand that N Is a tittle difficult for me to say that In that we ore simply just the land developers and not the owners of the building. Maybe rely on the slats and[he applicant when he makes his bulWing permit application. Chairperson Scheriz: They'll only be able to enforce whalever's passed. And to probably would be with the enforcement if we are going to stay with the 50%1 want to see it vertical and not horizontal. Rather than going 100% brick front, I think that's going to be about the only way you are going to be able to feel the allied Commssioner Engelbrecht i Mr Engelbrechk No,that.. Chairprason Schenzr That was,you're through? Mr, Engelbrecht. Yes Chairperson Scheer. Okay,any other questions? Thank you Mr.Bryant. Thank you w Chairperson Schertz: Anyone else In the audience to speak In favor? Anyone Io speak in favor? Anyone to opeak opposition? Any opposition? At this lime I will close the public hearing and ask staff for any further comments I Mr Donaldson: The missing motion, and we've heard discussion about a condition that would not allow any truck boy openings on the foods feting Highway?7 we may wan(to add that as s condition. Chairperson Schanz: How wide Is that front portion that facing Highway 777 Up there N doesn't look very big but I know that's misleading Mr Donaldson. Off the top of my hand I want to say the lot line Is about 100 feel ! Chairperson Schanz, Thank you 0 • F Mr. Donaldson The southern edge of Lot 1 which is kind of square to the word os far so the two parallel ides Is 436 feet across. The Lot 1 Is 8 7S sues 16. 32x10 S � I • O I • ` 1 i ` Ir ,1. • .. .., .. Y,1. _ :•s.n..�w600.lvMt�w"nn%ht :-'ja✓u'�.iOrY.' siV«+�+.-r..ti -. v..... Planning and Zoning Commission Minutes E March 11,1998 Page 7 of 31 h Chairperson Schertz: Are there any questions? Mr. Donaldson: We need a motion In the form of recommending approvaUdeniat of case Z•98.008, rezoning 17.44 eves from Agricultural to something subject to the conditions as presented by staff andlor added to... I Chairperson Schertz: Mr. Donaidson let me ask you a question,I know that the letter In opposition has chosen not to be represented this evening:bull I'm Just kind of curious because I know when it pets to Council the representative will probably be there. Mr. Donaldson: If they feel the need.I'm sure that they would. Chairperson Schertz: Do you reel like with these conditions,have you spoken with him to know whe"r,'his would meet his,that he would be pleased? Mr, Donaldson. I spoke with a representative of the landowner today and read the conditions that were in the report and they were generally phssed with the emphasis on landscaping design standards and lighting. Chairperson Schema: Okay,well theta good to beer, Mr.Donaldson It didn't specify any particular one,,. Chairperson Schertz: I know, and we're only speculating at this time. And I certainty wouldn't want to put words anybody's mouth, And l pass I wet looking to see If you made the phone call. So I appreciate Mat. At this time I would entertain a motion and dive need help,we can defer to Mr.Donaldson one more time Mr. Engelbrechl Madam Chair, I'll move to recommend approval of case Z•98-008 with the conditions outlined by staff with the addition that Item 8 no repor bay door%will be placed on the front of the building facing Highway 77. And I would include a comment about the 80%fa;,de if you could give me some language. Chairperson Schertz: I agree. I was pretty vague on that. Mr.Engelbrecht l understand, I'm just not sure how to word k Chairperson ScherU. Well, Mr, Donaldson, Mr, Donaldson Lot me take a shot at it here. Adding another sentence to number Ave then that says that In any area where masonry malerials are used h shall extend from ground through to the ridge or the peak or the lop of the faode. Chalrporson Scheme, That's fine, I'm sorry,okay, Mc Engelbrechl, It's a good idea, � 1 Chairperson Schertz That's fine, and I'm just trying to get tome brkk running vertical whether H goes all the way to the lop I just don't want to site N al the bottom. And the applicant b raising his hand 0 you would kke to come and address the podium we will certainly keten to your comment • Mr,Bryant, You could say have 11 placed In a vertical crlenletion. t Chairperson Schertz. Thank you for your comment. The petitioner rerommended that d just be placed Ina vertical, I'm sorry I couldn't hear him that's why I wanted to repeat d. i Mf, Donaldson Vertical orientation, That's one of those A sounds like substantially complying and Nall bles to avoid t, those at all cost ' Chairperson ScherU I agree with Mc Donaldson. We are all trying to accomplish the same goal, His is just a little 9 more specific. Ms. Gourdle Second. Chairperson Schertz: AM right. Is there discussiorP 17 � 32x ❑ l h Planning and Zoning Commission Minutes March 11, 1998 Page 9 of 31 Ms. Gourdie I just, I hope, I agree with you that we really need to make sure that the verticalness or landscape doesn't cover up the masonry part so I'm glad you've added that. Thank you for doing that Chairperson Schartz: Commissioner Moreno, Mr. Moreno: Just wanted clarification,we are recommending a change from Agdculturil to Commercial and not Light Industrial. Is that corred7 Mr.Engelbrechl: Yes, my motion was as recommended by staff. Which would be Commercial with conditions Mr.Moreno, Thank you. Chairperson Schanz: Commissioner Engelbrecht did you have a comment? Mr.Engelbrochl Yes, I did. I just wanted to say that we are going to see a great deal of dollars being expended out here on the roadways it's an going to be Improved four4one divided ate. What you are proposing sounds great end ties In with the use next door, And I think that If that follows. If the laciiily that comes on line generally addresses the sort of concerns(hat the community has with regards la the entrance ways end ol1. Ihey'U probably be slopping by to thank you I'm serious Thank you very much Chairperson Schertz, Thank you. Win no further diuussion,we have a motion ends second and H you'll lot me get to the voting mode. U Commissioners would please cast their vote Voting is complete and we will now display the result, And It passes unanimously 6-0. Thank you for your time. (6-0) 7, Hold a public, hearing and consider making a recommendation to the City Council concerning a request to rezone 1.203 acres of land from Offie Condltioned (O(cj) toning district to Office (0) toning distrlcL The property Is located on the wool olds of Hinkle Road, north of Greenbrier(also known as 2301 Hinkle)and was rezoned to Office Conditioned(0(c))In 1996, The proposed rezoning would eliminate the four zoning conditions pieced on the property In illi (Z•98-007,2301 Hinkls) Chairperson Schertz: I will open Ibis public hearing and ask Mr Donaldson for his comments please, Mr. Mark Donaldson prssonted the staff report Mr.Donaldson: This request Is for a parcel of little over an sere located on the west side of Hinkle For reference,we are north of University,between Greenbrier and Haggard, I think it's commonly known me the Denton Plaza Shopping Center to the east there, The request Is to modify zoning that was put in place approxlmafely two years ego. Which placed four conditions on the property One, that the use shall be used for offices, professional and administrative only rwo, that the maximum square footage of all buildings constructed on the property shah not exceed 6,000 square feet, Three,there shall be a 55 fool building and dumpsler setback from the southern property line. Four, lighting shall not directly illuminate adjoining property The history on this piece Is that t1 was developed as a church In a predominately residential neighborhood then followed with the use of a Montessorl School. Went out of business,the current owner put the office conditioned zoning in place to accommodate the offices of his construction business. Now,the request Is la remove the conditions end Just go 10 straight zoning. Aller analyzing the conditions and how they ielaie to how the property relates to the adjacent single-family neighborhood,staff an not recommend removing the conditions. We've offered a set of conditions that mod fes them and at least I believe allows the applicant to do the types of Ihings that they want 10 do while still protecting the neighborhood from negative Impacts from office uses We took a look of the uses and generally the uses as described in the current condition are low traffic producing uses which ore if handled right compatible with resldentiel neighbors The developed arch, we've got a site that's roughly 52,000 square feel and the property Is limited to 5,000 square feet of square footage. it seems pretty reslrlctive,less then 10% of the lolal property can be developed some might oven say that that Is a waste of space. But on the other hand, by controlling the square footage you also control the negative Impacts that could result from Increased traffic and other Increased activities on the neighborhood So keeping lime sat of cep In place I think Is Important, We've offered 10,000 square feet which represents about 20% of the lot area which . r.orresponds on the lory end with a lot of residential lots, lot of rooideMlal lots are developed greater than 20%, or has grealer than 20%lot coverage. The set back,again on the rate of It seems extremely restrictive In terms of the O percentage of the lot that It eels up. But again lhol'!t another way that we control the activity on the lot and hetp Io r, make k compatible with the neighborhood. And as you know you have received two versions of the staff report, One r`K that started off at 20 feet and ended up back at the $5, to at least you knew that I was going through some permutation on there as to what was reasonable. I ended up bock at the tis•fool bullding eel bit:k. I think lighting of an area that would hove fairly a significant number of parking&paces N Important. Sul it IS also important to shield so that It doesn't leak onto neighbodrip properties. That can be done with today'&lechnofogy. I don't think we want to 18. rr } 1 , 1rt701C/ta • 0 'y ava+an ATTACHMENT 3 ORDINANCE NO. " AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL, CONCITIONED, (C[cj) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 17.46 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF HIGHWAY 77 BETWEEN LOOP 288 AND INTERSTATE 35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF,AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Coltman and Associates Surveying, on behalf of Baruch Propertieu, initiated a change in zoning for 17.44 acres of land frum the Agricultural (A) zoning district classification and use designation to the Light Industrial (LI) zoning district classification and use designation;and WHEREAS,on February 25, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A)zoning district classification and use designation to the Commercial,conditioned (C[c))zoning district classification and use designation; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan;NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the zoning district classification and use designation of the 17.46 acres of land described in Exhibits A and 8, attached hereto and incorporated by reference herein, is changed from the Agricultural (A) zoning district classification and use designation to the Commercial, conditioned (C[t)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: ' i. The building line along the Highway 77 frontage and the western property line shall be fitly(50)feel. 2. A landscaped area no less Than thirty(30) feet from the property line along Highway 77 and the western property line shall be maintained, 3. A landscaped buffer yard of twenty (20) feet shall be maintained along the southern property line, within which no less than one (1) canopy tree and two (2) understory trees shall be maintained for every scvcntyfive(75) lineal feel of boundary, 4, lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb sjrrounding residential property or to shine and project upward to t prevent the diffusion into the night sky. �) q 5. At least fifty (50"6) percent of any building facade that is principally oriented to race Highway 77 or the western boundary of the property shall be masonry materials. Areas of masonry shall be vertically oriented so that there is masonry from the Foundation to the roof cave, 19. . Ir_ 3� XI Li w n. t 1 Pe , { 0 x YV ! 1 n it ! r 1 r 7 a, r 1 ♦ 1 I " i. �. , 1:. fJ , Bt � � .i r S� rra C e ,•t � aa. +5 i 1 tin: MI i 4 I' + i , i i I [.i�llli♦ 1 . „t r a l , 2 t[ , I j Ij 71 j 1 �R`RI A iy,* a .Lwr«ary °,dam ! �a..1.� • �.`LWypfIfMN1.�%Ni�N rh�lY +fWV1fi'MFIIUXIVI w�. 6. No truck bays shall open on the fapade oriented toward Highway 77. IIh SE ION 11. That the City's official zoning map is amended to show the change in 1 a zoning district classification. SECTION 111. That any person violating any Provision of this ordinance shall, upon conviction,be fined a sum not exceeding $2,1x10.00[ Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTI(IN IV. That this ordinance shall become effective fourteen (14) days from the y date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to 5e 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, P,,%SSED AND APPROVED this the,day of . 1998 b r JACK MILLER, MAYOR � r S ATTSST; I JENNIFER WALTERS, CITY SECRETARY BY; _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY u' ,k tt't.uuvou��iu�.nnr.rrltacro,n teKUmen�utnl�, , `x 10 32xlo i I •, � t I J I t i , y Exhibit "AII 1. t Z•98-006 l 1 r � SITE � I t � 1 21 . i . _. - ---- 2 5 32 x ❑ ' 1 Y 1 y a 4 � 1 1 11 I Y i t 'PAr�ts „ Exhibit TRACT 2 1 FIELD ROM to all that certain tract 'If land situated artt L the called 11297 Abstract Nunbtr :1806, �t*B Count ,Te:es and being W echo tract described in• the•dead t° John %Porter from my 1h�daon recorded in volume 95S pate 925 of the Deed lacI of Denton Cotltltlr,TeXaal the subject " tract being eiore pafticularly described 41 follows I Corner.of,'the tract...bein8'descrlbed herein, an iron k SECINNINO for..khe Southwest . red found at a fence corner in the called South line of the sild A. ifiite survey E end being the Southwest comet Tracti rner of the said Porte THENCE Notch 0 #!egress 19 M�sutoo 11 1ioonds tast'with k6il eii;llni'ef 'the said g` Porter Tract and along a fence a distance of 974.64 feet to a fence corner !n the occupied Southwest tiSht-of-rs? of U.S.#uslaess !Dote 778 -WAY a , . i11ENtt South 58 Degrees 25 Minutes 10 Seconds i .e tanBlSipoinththareinl ! distance of 333.86 feet to ■ right-of monument TIIE2ICK South 58 Degrees 05 Minutes,04 8sco Kest with the Bald right-Of distance of 119].23 foaC to an iron rod ast ld the lest lion'°f the said Porter Tract! TnFNCB south 9 Dsirees 25 Minutes 59 Ssooada Nast with the East line of the asldin ..Porter Tract en4 a1pnt,4 segos a diatatioa, of 1T{or9thi eouklieestnt raK o the esfA the called South dine of the said Nhits S+tne! ct Porter Tract! THENCE North 99 Degrees 11 Minutes 14 Seenods Neat with the South 1lae�loaingal7.66 the Pdreer Tract a distance of 1!18.53 feet to trio PLACE pP 860INNIlq acres of land. 1 t r a 22. 32x � Q' riAY•:. r :avww O {' ri 4 ' M , �.. .. l,v,.r. %!wY=r.'d`G a'W it•Nn',�`Pr.vr.. m . .. ! -..., n, , r.•w•+uv�reif.��uIq Nes��+i`A�fir"ai +cS1r�tlKN ts�/' MCI � gpn.+,f, ' Ate Ida ho,__7Il�lL- Ayenda Date— AGENDA INFORMATION SHEET AGENDA DATE: April Mi. 1998 DEPARTb1TsNT: Planning&Development CNVDCWACM: Rick Svelha R5 SUBJECT Hold a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation'of the Code of Ordinances of the City of Denton relating to the Draft Interim Landscape Ordinance; providing criminal penalty in an amount not to exceed $500.00 for each violation thereof; providing a civil penaity in an amount not to exceed $1,000.00 for each day of violation thereof; providing a severability date; providing a savings clause;and providing an effective date. BACKGROUNb As a result of the March 24`h, 1998 work session, City Council members approved the following additions and changes and requested staff make additional revisions to the draft landscape ordinance. i These changes have been made to the draft landscape ordinance and include: 4 L Add to See. 31-5(l) Exclusions: The Denton Municipal Airport and the Fry Street i Development Corporation Boundary are exempt from provisions of this ordinance. 2. Add to Sec. 31.7(1)a: Alternative shrub spacing may be used, with approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance. 3. Revise Sec.31-7(3) Specific Landscape Area Requirements, as follows: Plant materials, walls,or fences may be used within required yards, as specified in Section 35- 91 of the City Code, to buffer adjacent land uses. Trees or plants used in required yards may be used to demonstrate compliance with other sections in this article. 4, Change to Sec.31.15 Selected Species List: Designate the following trees as Street Trces a Accent Tree Designation: Common Persimmon, Texas Persimmon, and Texas Red Oak CV4 DocumenblLandsca"Ordlnonoe=4.7 DOCSIAGENDA INFMMATION ar1EET.doc SECTION f Pape 1 32x1M . C 7 i r.. '•�' , i. i lid 1 A r �4...btiR^.x4-. . ^ .. . .., r,.u.y.'wv• '+hti9KxM�tM�dx,tr:YYeN x-'mr dm.'r✓ �. rx�a:a ■ Primary Tree Designation: Sawtooth Oak, Lacey Oak, Bur Oak, Bald Cypress, and Lacebark Elm City Council also requested the following additional revisions be made to the ordinance: ■ Reduction of the tree requirement to 15 trees per acre,or I tree for every 2,904 SF of lot aces ■ Exclusions(Sec. 31-5(1)),CBD Amended Map Area,should only be exempt from new planting requirements. • Amend the CBD Map by deleting the area between Hickory and West Prairie,and Elm ' and Carroll so that this area is required to conform with all the provisions of Us ordinance. ■ Amend the CBD Map by deleting the area between Locust and Noah Elm,and between University and College so that this area is required to conform with all the provisions of this ordinance. New Information: At a meeting, held April 2nd, 1998, at the Chamber of Commerce, members of the d:velopment community shared concerns regarding the effect this ordinance has on industrial man:IFacturing and distribution projects, and that the ordinance needs to require automatic underground irrigation. This meeting was attended by approximately 15 people from the business community or their representatives,including Chamber of Commerce employees, plus city staff and two City Council Members. Staff is preparing research and proposals based on this discussion for consideration of the City Council. This information will be hand delivered to the members on Monday, April 6'h. ]ESTIMATED SCHEDULE OF PROJECT Three City Council Work Sessions were held to discuss the draft landscape ordinance, on February 10, February 20, and March 241h, 1998. City Council Public Hearings were held on February 17`h and March 3w, 1998. A third City Council Public Hearing is scheduled on April • 7'h, 1998, and if adopted, the landscape ordinance would take effect on May 1i°, 1998. Staff would suggest amending the effective date of this ordinance to June 1", 1998 in order to prepare to administrate the provisions of this ordinance. PRIOR ACTION/REVIEIV' • A public meeting was held to discuss potential revisions to the current landscape ordinance on December I Vh, 1997. A summary of meeting comments was included in one of the two packets of review materials recently delivered to City Council members and Planning and Zoning Commissioners, The Planning and Zoning Commission conducted a Work Session on this item January Ie, 1998 and held a Public Hearing on January 28'% 1998. The Planning and Zoning ` C,Wy D0cWr*rA3t1nd■ap.Ordinli)WCC 4.7 OOCS'wkGENDA INFORMATION SWT doe SECTION 1 Papa 2 1l It 1 s 1` K 1 � a .� f Aa r , , r�e.. E1� gyp" P ,I✓d. ..I If I. ti Ar f A •1" f .`1 r w L I 1 k 41 wlr fI' '' a w1fii.:J.�k�i"b3G1}L'S�w'L'%C4L",75'rklf3a'waSN+nr�.asti :, �_ �:.'L''.;.....Y,. uw e.�.nM{1.4ifu+A.+w"f�Ak�46Nh+MN�Sabeirhrt•mmros+m� rr n.:" ' t i�1�� �� r a J { Commission recommended approval of the basic format of the ordinance by a vote of 5-21 Planning and Zoning Commissioners also asked that several issues identified during the public z hearing be forwarded to City Council for further discussion and deliberation. FISCAL INFORDI TION 4 _ j E The drall ordinance will affect all unplatted and undeveloped land located within the City of i Denton, and will impose plan preparation, plan review, and tree and landscape installation costs j + as part of project development costs. City owned property will also be subject to the ordinance u as proposed. Ordinance administration and enforcement costs will be bome by existing 01 j personnel, and will impact the operations of the Development Review Committee (DRC) and f Inspections and Code Enforcement staff members. The Engineering Department has indicated that city subdivision regulations and drainage manuals will require modification if the clearing and grading requirements contained in the draft ordinance are adopted. Clearing and grading requirements may be extended to the extraterritorial jurisdiction (ETJ) in the future, but should be severed from the Landscape Ordinance and added to the Subdivision Regulations after proper S' ; I analysis of impact if such an extension is implemented. Respectfully Submitted; ,Pavlid M. Hill Director of Planning and Development p ared by: j I 1 Nancy Mc Comprehen iv Planning Manager j J ry J tl� tr , S 1, C:Wy Doarmnto lmdscepa Ordinance=4-7 tx)C"GENDA INFORMATION aNEET.doe SECTION I Page 3 ' 1" 1, 7ri Y El 32 X ❑ •r r 0 r Agenda NQ_22�.oi _ Agenda lfern AGENDA INFORMATION SHEET oate _ AGENDA DATE: April 7tb, 1998 DEPARTMENT: Planning& Development CM/DCM/ACbi: Rlck Svehle Rj SUBJECT Hold a public hearing and consider adoption of the Denton Plan Draft Policy Documents. BACKGROUND The Draft Policy Documents are one of several stages of the Denton Plan process. The Draft Policy Documents contain three separate components: the Vision Statement,the Growth Management Strategy, and the Planning Policies. The public involvement process for these documents is nearing completion after a series of public meetings. The people who took the time and effort to attend the meetings offered comments that will be extremely helpful, Staff has responded to all public comments received thus far and has prepared suggested revisions to the Draft Policy Documents, At the March 24th, 1998 City Council work session a variety of comments were made, along with suggested revisions to the document contents. Staff has included two sets of the Denton Plan Draft Policy Documents. The first set includes revisions made based on comments received during the March 3rd, 1998 City Council Public Hearing and the March 24"', 1998 City Council Work Session. The Draft Policies following the annotated version, is without annotation. The purpose of the April 7th, 1998 City Council Public Hearing is to provide City Council members the updated revisions they requested at their past two meetings regarding the Draft Policy Documents and consider adoption of these documents at this hearing. Upon adoption,the Policy Doc. ments will be used by staff in conjunction with the 1988 Denton Development Plan. The current zoning ordinance will remain in effect. More importantly,the approved Policy Documents will be used to guide the recommendations of the Comprehensive Plan,and further policy revisions are likely as plan details unfold. The growth forecasts and alternative development scenarios developed over the next few months will provide further opportunities to determine if the policies reflect public sentiment. The Draft Cnlicy Documents will still be considered as"draft" documents during the process of preparing:he Comprehensive Plan,of which the policies are a part. However, during the process of the Comprehcnsiv, Plan preparation,most of the policies will be augmented by additional information and findings, all some may be revised based upon those findings resulting from the Comprehensive Plan Process. ESTIMATED SCHEDULE OF PROJECT � O • The Draft Policy Documents were prepared by city staff during Fall 1997. They were released by City Council for public review in November 1997. Eleven public meetings have been held during January and February 1998. The Planning and Zoning Commission conducted its first public hearing on the draft policies on February I I'h, 199g. One person offered comments on this date. A second P&Z public hearing was held on February 251h, 1998,with no comment from the public. Staff offered revision C.',My Db uwnu'Ikelrm Pltn`foticy nn'umcnu A1%•7Apri10 dix Page I L - r J l � r ,t A J r•, 9tiallR v :' w y a 1 i•' � P ' j v ,i w r t 4 recommendations on arc )� on of to P&Z March 11°, and upon the conclusion a third and final public hearing, the { a P&Z Commissioners recommended approval,6.0. City Council held its first Draft Policy Documents public hearing on March 17'", 1998 and received comments and suggested revisions at that time. City Council held a Work Session on March 240x, 1998 to further review the documents and directed staff to make furtber revisions. The second Council public bearing for the policies is scheduled to take place on April 7°i, 1998.Adoption �x of the Draft Policy Documents by Council resolution will be requested by staff on April 7`h or soon thereafter. FISC!ia INFQR stole The adopted Policy Documents will exert some level of impact on all city and ET)property for several years to come. As a guidance tool for the Comprehensive Plan,the Policies will directly influence many city activities and budget-making decisions undertaken during plan implementation. EXHIBITS Exhibit 1, The Denton Plan Process ! Exhibit 2. The Denton Plan: Draft Policy Documents-Annotated Version(revised April 7th, 1998) Exhibit 3. The Denton Plan: Draft Policy Documents(revised April 7h, 1998) Exhibit 3. Denton Plan Draft Mission Statement as submitted by Councilman Mike Cochran I Re%pactfully Submitt 1 v �id M. Hill Director of Planning and Development I I Prepared by: Ir , Nancy McBet Comprehensive I ing Manager i , i � r C:Wy Dmmmu\Dcntan PIMINliayDocummuA13-Upri191.dac Page 2 25x10 32XID ••� �1.IIr .t' r 0 i y r - r . : ,tie - ..: •� .1'. ! .... • , ...,. ;ar.+i, ^wi.fir sL�eeV!5'y*r.wr '.Y.`w,^MPk!F8 T'x.•�otc`YU�,<'N;s•awNw �. .wm.w ' _ Exhibit 1: The Denton Plan(Stages relevant to the Draft Policy Documents emphasized) EXISTING DATA Geographic Information Resource Availability " External Influences FORECASTS Demographics Land Use Demand Fiscal Impacts �OMIVIILINITY VISION Vision • • POLICY ectives Denton Developineiit Plai 4 • Principles COMPREHENSIVE PLAN Citywide Application of DDP Implementation Strategy Priorities ! Schedules SMALL AREA PLANS Narrow Scope of Interest Area • Specific Issues s IMPLEMENTATION TOOLS Plan Effectuation ZONING ORDINANCE j 0 SUBDIVISION REGULATIONS 0 0 ANNEXATION PLAN INFRASTRUCTURE MASTER PLANS CAPITAL IMPROVEMENTS PROGRAM BUDGETS J BONDS / IMPACT FEES PUBLIC FACILITIES PLANS VOLUNTARWINCENTIVE PROGRAMS Cimy then n nis Dent m Plan Polley nxumrnh AIS•7AM198 dua Page 3 �-�,� 1+tf 32 X i y � tli n '., j• � Jy1 J. 5 + d I <Y V I 1 1. 1•� 1 { 4 I , 4 I ( L 1• r 1 f 4 r. X21 d 1 \+ M THE DENTON PLAN I Draft Policy Documents Prepared for - PUBLIC REVIEW 4 GRAFTSAN-VISION STATEMENT 1 DRAFT GROWTH MANAGEMENT STRATEGY DRAFT PUBLIC INVOLVEMENT PROCEDURES DRAFT PLANNING POLICIES l Public Hearings: -PA—L-7 March M 4 998 at 6130 Pm � City Cou"all—Marah 1, lose at 7200 RM City Council - April 7E1, 1998 at 7:00 PM s Prepared and Revised by City Staff MaFGh 201-04(" r For MOs of Ihls document pC quesfions,e�meetir ssAedules conlacl, Cary or Denton Ple mN and NwvneM Depertrnenf Cary 1fa0 West r 221 N. Eh 0 � Denton, Texas 7820t 9101349.8350 fax 940/349— 7701 • RELEASED NOMOER PM INt•REOSE0 WCH 12TM,IVA Iln 1".1998 - r 3 - 1 2.5 .32X 10 i wrea� ' O � ' e ',lr.. .. . . .. .. - . .h,,.. i ...:;»;•vVkYClP+c+'c;+•JUOc'luw.+$%LhMilb'01.-p�;*..'MTL7'P`.=ii9✓My4�«h � Crtl`.'M• I THE DENTON PLAN: is Drat Ws s Ylsign Statement, Growth Management Strategy, &Planning Policies f INTRODUCTION The Donlon Rani designed 4a consensus, how our sityavill PW9F9 49F the yseasensds WilllseachievedAy invFJvksg sJa9�as Been-directed-by�he9enloa6ilys� As we start the Denton Plan process, the first stages are intended to develop a general sense of direction. If we don know where we are heading, we cant develop a strategy to get there. packet-kve 4997 la F*Ruay 3981}Aenten's aharehekfers wikGe�iver�a arietyalcaptrons��iaws 4kesedesumenls, 4F A PO4GY-E3acau+ants K44 150 rewawed by 090y Flaranin�anA 7eniflg 6oaom+asanaer revisions 0%* adeple44 4a-jbLMiasion-Xra�2 Sfafement, Growth Management Strategy, and Planning Policies will be used in conjunction with the 3988 Donlon Development Plan as the first of several planning guides to be used in the cRy. Other documents, such as the comprehensive plan .' and small area plans, will be generated as progress on the Donlon Plan continues. TABLE OF CONTENTS page In�r99usGoa an4:latzigQ[.C_vntents_ _-- ------ 1 City of Denton Draft Mission y ojLStatement 2 3 Draft Growth Management Strategy 4 56 Draft PVlisinvdvemer+t Wxedureu DRAr'T PLANNING POLICIES; I. lnfrastnrclure Por&s TransportaW System 7 II. l6ashucture Policies: Stormwater Drainage System 8 III. Inb.astwture PoriCiP3 Water and Wastewater Systems 9 IV, Infra;Irmfurn,r'chc es.Ekbt System 10 V. Infrastructure Porkies Solid Waste •11 VI. Parks and Recreation Policies 12 VII. Environmental Quality Policies 13 VIII. Neighborhoods Policies 14 IX. Housing Policies 15 X. Economic Diversification Policies 16 XI Government Porkies 17 O . XII. Urban Cesign Policies 18-19 XIII. Public Involvement Policies 20 AV Glossary 21 4 Al �® 7{ C ry X ■■■ � i t r r a E � ij,•x jn� i , I 1 a 1 4 :'Il ,,t-,y,::.'n• .+x.:.u•..++.r. ,. � .. . .. as rr:ilb'1oJY'An?L+S,. Hk:'rpf'�4V�L.r n.tt�rl W,-r�.x5:wc�.M. : � r.rM, City of Denton broft MISSIGN-Vis-im Statement Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride and it is the goal of the Denton Plan to insure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality. f The proper stewardship of our community assets while managing the pressures of growth is a balancing act that will require foresight, long range plan ing and a great amount of community involvement. The Denton Plan should represent the best of our colleciive community aspirations and, while preparing Denton for the 21" century, should never lose sight of the fundamental qualities on which this town was built. Quality, diversity, and opportunity are the keys to future success. People with all kinds of different backgrounds ore welcome to Denton, where they will continue to find a community that offers well-paying jobs, reasonably priced housing, and good schools and parks. Homes of all types and sizes offer a choice of lifestyles. Neighborhood centers will contain small shops and stores that are designed to harmonize with surrounding homes and provide daily necessities for the neighborhood. Residents will be able to choose to walk, ride a bike, use the transit system, or drive to many destinations throughout the city. Local businesses and employers will prosper, catering to customers' needs and promoting Dentons image at the same time. There must be a place in the city for all types of development necessary for a healthy, vibrant market. D We want to preserve the distinctive qualities of our city while growth occurs, a goal that we know requires foresight and preparation, j The Downtown is and always shall be the heart of Denton: the Square and surrounding streets will be used every day and night as a gathering place for commerce, civic events, and 1 entertainment, Growing numbers of downtown residents will increase the energy level of the downtown, and the renovated Civic Center Park will draw new visitors from throughout the region. Yet the scale of the downtown will remain the some, human and comfortable, and examples of the city's history will continue to remind our citizens of their heritage. Historic preservation will be a major theme in all development and redevelopment efforts. The downtown will become even more pedestrian-friendly, with new streetscopes and improved sidewalks connecting the Square. to both Eagle and University, encouraging sidewalk cafes and other 0 outdoor, businesses. To grow properly, Denton must nourish its university partnerships. The University of North Texas will flourish, and the UNT campus will increase its visibility as a Denton landmark, prominently displayed to travelers passing through the city. The fry Street Area and Oak- Hickory Historic District will continue to serve as important physical and social links between the Downtown and UNT. Texas Woman's University will also contribute to Denton's distinction 0 as a city, and will be even more strongly connected to the Downtown as a result of Civic Center Park renovations. The UNT - Downtown - TWU corridor will achieve its full potential as a dynamic and lively area, essential to the well being of the city. Working with city government and the business community, the two universities will realize their full potential as magnets for high-tech and research-oriented development, 5 1♦ 9 � rI � i ,D , J % rI. Li I �i 4 �y., lr I 1'nit � 4 J � ' �• � 1. r O r i r.F,..:"I%�.M. 1 , City of Denton 0 a0 W65100 )(4WStatement (pogo 2) i i The city, county, and school district will increasingly coordinate their efforts to improve public facilities and services, with careful planning for schools, roads, and utilities to accommodate growth. Residents must always have reason to be confident that their taxes are being spent wisely and efficiently. The Denton community will always be committed to enriching the lives of its citizens - regardless of age, income, or ethnic background - through education, culture, recreation, and entertainment. Through the efforts of our schools and universities, our government, our civic and cultural groups,and our businesses, Denton will build on its distinctive reputation as an arts city, and most especially a music city. Through its outstanding public art, its galleries and studios, its museums and theaters and clubs, its renowned university musicians and artists, its festivals and concerts and shows, Denton will provide to citizens a wide range of cultural and entertainment activities that will also attract numerous visitors to our community. We need nature as much in the city as in the countryside. Our built environment cannot remain healthy without properly managed land,air and water resources; as we grow these resources will become even more precious. We can avoid the costs of thoughtlessness white we capitalize on our,natural assets. As the benefits of lake Ray Roberts and the Elm Fork Nature Conservatory p become fully realized, they will prove to be resources of incredible value, well worth our initial investment. Floodplains and creeks will emerge as greenway corridors that serve many needs, such as flood protection, recreation, tree preservation, and habitat support. Environmental planning must take its rightful place as on essent!al part of Denton's strategy to grow wisely. The entire world is within easy reach of Denton, sitting at the convergence of two interstate highways and located a short distance from two international airports. We are regional partners within a major metropolitan orea, and will shore regional significance with Dallas and Fort Worth, with each of the three cities being recognized as a county seat with a unique identity. \ The ability to Interact within Denton itself, with the metroplex, or MIN the world is an asset that will continue to be useful in marketing Denton as a progressive, forward-looking city with a "home town" atmosphere, • We can and will achieve what we want - growth that enhances rather than destroys the qualities that make Denton attractive. We will bequeath to future generations a dynamic, interesting, and healthy city. Denton will prepare for growth and prosperity by considering all community interests. Our values and heritage are important to us, We like Denton now, but we know we • can make it even better. Growth will cause change, but the essential ingredients that make Denton unique today will be preserved and cultivated in the future. v • 6 �/ �11v!f4`a� ' JG X 4J • h r , i r r A . i r 1 C.rt S.k'c-, ... Nf P; Vx r',T58 DRAFT GROWTH MANAGEMENT STRATEGY 1NTRODl1CttON I Growth will continue to occur in Denton, and the rate of growth may accelerate In the near future. Proactive planning Is considered the preferable approach, defining the 'rules'oy which growth w10 beneR the most people, Proactive planning requires preparation and an opkent-investmenf of resources In anticipation of growth. Pub?lo involvement is critical to plan success. strategy—Anticinat_fon of the aQv�rse imnad! OU A—LA Mfem�rit in proactive tan nnino�g ;acts ply r ,n is not necessary Without oroaM �krWA growth is sotefy driven by consumer demand PLOW li for Dover t�t1 1r _ �d�r1'f Svsfe ion •aRer a l rr The less preferable aAemalive is to react to growth end r1s impacts as tfrey happen. Preparetan is riot necessary. Consumer demand drives the location and type o/new development,and govemmentaf services and utilities systems ere designed in response to growth tren erse Impacts are typically more expensive to fix than to prevent, Proactive planning ista 'step ahead"of growth; reactions to growth era always a 'step be4ind.' fie growth management strategy contains poficres that Jeep Denton a `step ahead.` A!I other policies in The Denton Plen must adhere fo the Growth Management Strategy. 1. Essential services provided by government must be maintained at the highest levels of quality possible. City services Intended to protect and preserve public health and safety must be provided to all existing and future Denton stakeholders. Z The growlh management strategy should support the coordination of public services with private development. Development patterns that make the most efficient use of public services and Infrastructure should be promoted. The true impact of private development should be accurately Identified and assessed in proportion to public costs and benefits 3. The community should establish development rules that are clearly stated, administered efficiently, and enforced consistently. If development is proposed that does not satisfy aIj tie rules, rl should not be allowed, 4_-The city--needs to-make use of-economic-incentives ankastwsture and investrnen4 to Gooadinate and encourage development consistent-vi+t#-Its-v s on- the +rse�f-These tools is justified only wAen puAli, WI can be clearly defined and measured- 5.4A"uses should be balanced to maintain a diverse economy and a well-propofted tax base. The city wig provide opportunities for the development of a full array of land uses within the city. • ` � � 6-%Areas of the city susceptible to environmental damage, or where infrastructure systems are stressed, or �V where development would contradict city planning objectives should be Identified and protected. 7 32 Y •'ilk! 7' k « '� . °• G e i t ,1' r V 11 a t ' « ,t''.�ihdiaw ,r W G,wth k#W V 1"+&bV (YT 2) 4. ;&Zoning should be used as originally intended, to address extreme incompatibilities between land uses. and negative sWe e#Xesfs. Zoning should be uwd to Won* Dedorrnanu etendurb that�Ik I r us"jn defined distrkh based on Uwlr ablib to mttlDate potential neatfve ImDUb on nelohborinn wi`ptrlilss. A reexamination of the use of zoning as a planning tool should be conducted to rallied community values successfully. g-,LDevelopmeni guidelines should be sstabGshed lo allow a wider range of land uses to coexist within close proximity to each other. Site design principles, aesthetic guidelines, and construction standards should be investigated as possible tools to promote land use compatibility and encourage developmental diversity. g.-LThe location,placement, and design of public facilities such as parks,schools,Are stations,libraries,or human services facilities should be used to create neighbohood activity centers. Coordination of planning efforts between different units of local government should be encouraged to save money and yield greater benefits to residents. r , 1G.LingepliYee should be deyeWW !a allaw p900 kim a-11 kame Im-Old to live IA lhe same neighbafta& (This deletion was recommended by PAZ on March f 10, f M.1 ResWential development that establishes a variety of lot sizes,dwelling types,and housing prices should be encouraged. O- =%The City should be designed to accommodate people rather than automobiles. As growth o'wrs,a variety of mobility systems should be given space to rmnect people to destinations that are important to daily functions. Transit, bicycle, and pedestrian linkages should be planned and implemented to serve daily transportation needs safely and conveniently, 12JIDenlon's ability to grow and expand should be Identified in tht,Ch's ennexstion sWANY. Chy limits an extrstenitodal jurisdiction fETJI boundorias should be clearly established, a ralatanshlos with other iurtsdictlons should be determined through Interlocal oamments. The l annexation strategy should also reflect the cosh of service DmIslon and exhmal onvlronirrAAW ' Impacts associated with land laded In the ETJ, i , , 411 8 32x � Q,, x i • t _ • _ ' ' !:• :t e• ••r: t !. . .r: f. s• s ! . x .x• ,f: •• z 2 1 f f z s; s• x x r e !• t !a rr._ _ •x• •_s' !e _ f I S 1! f t t !_ r I _!' e e 1' t !•� •I :t • t 'x. 't t .1: .t t I.t x t 1 1 1 e 1 t .551510 . I -xe1•rYr., 2l�.r. > 1 I. DRAFT INFRASTRUCTURE POLICIES: TRANSPORTATION SYSTEM Denton is strategically located to the Dallas- Fort Worth Metroplex with respect to transportation. in the pest, attention has been focused on the highways and the vehicles that us., them. sesrdinatea 4 J t errands on_ roaWY; in a _Qq*L ley e r 10i varety of transportation shematives, such as transit, bicycle, end pedestrian sysfems,-haswhicb ha been shown to result in economic, functional, end-aestheNc _ nd environment benefits. Denton must handle interstate and regional traffic with innovative solutions that meet or exceed local needs using appropriate stale-of-the-art multi-modal systems. 1: The City of Denton should plan, design, and build a network of freeways,arterials(major and secondary), and collectors that provide acceptable levels of service while complementing the land use decisions in the Denton Pian. The Denton Transportation System must be compatible with regional plans including the Mobility 2020 Plan, the Regional Thoroughfare Plan (NTCOG) and the Denton County Thoroughfare Plan. 2: The City of Denton shall use the Thoroughfare Plan to plan and design transportation improvements, program Capital Improvement Plan projects, and guide development review decisions. Many of the arterials in Denton are state roadways, so cooperation and partnerships with the Texas Department of Transportation (TXOOT) will be considered essential to the constnrclion and operation of the the City's transportation system. 3. All freeways shall be designed with limited access that includes frontage or parallel access roads. loop 288 between US 380 and IH 35E shall be upgraded to this type of facility (pshq-x n_, %(iplgas allowed through redevelopment. 4. Major arterials are intended to carry traffic across town and between major Intensity centers. These facilities shall be divided by landscaped medians to blend capacity with aesthetic considerations. Minor arterials should be at leas!four lanes, with 0 turn lanes provided for all major intersections Collectors shall have at least one full lane in each direction to carry traffic to the arterial system. 5. The City of Denton shall use Access Management Practices to make the investment in the roadway infrastructure as cost efficient as possible. These practices including placement of curb cuts, median openings spacing, and parallel access roads(public and private). 6 Residential streets shall be designed to include traffic calming practices that promote the use of collectors and arterials for trips that are not ocally oriented. 7. The transportation network shall be designed to optimize The emergency routes necessary for police and fire operations and to promote efficient delivery of services such as mail and solid waste. 8 The public transportation system shall provide services to all citizens at a reasonable cost, using routes that maximize service delivery and that meet the needs of the mobility Impaired The system shall be • developed to be compatible with the eventual connection to regional systems such as Dart, 'he 'T", DFW Airport,and other future systems 0. The Denton Airport shall be a key component in the multi-modal transportation system. Denton Municipal Airport is effectively located to optimize the movement of goods and services throughout the Metroplex. 10. The Denton Trails Plan should be adopted and the network of sidewalks, bike trails,and greenbelt paths should be included into the Capital Improvement Program for funding. Development shall address this network by dedicating rights-0f•way and constructing portions of the network across their properties. } Linkages to destinations that serve daily needs should be emphasized to reduce vehicular trip generation. ZOO 11, A transportation Mying campaign should be conducted to ensure participation in federal, state, and 1 regional infrastructure funding decisions. Lout funding psrti�tloo Ingrjg�i�r aojKlis lihould be considered for incluslon in the City's cop;141 frngovements toroarem, 10 32 X mac+. ' p 1 , ,..,;i0, , II. DRAFT INFRASTRUCTURE POLICIES: S70RMWATER DRAINAGE SYSTEM A basic service of lire City is to provide and oversee a safe, effective drainage system that respects both The natural and urban environment within the Cty's limits. Floodplains benefit citizens not only by conveying runoff water but providing opportunities for open space and trails,preserving the natural environment of the community, end improving the aesthetics of the community. Designing this type of drainage system is complex and can be facilitated through careh Ay prepared watershed management plans and design regulations. These regulations must also address the problems associated with erosion, which can easily be accelerated during the development process, i Ftoodplains shall be dedicated to the City in am dance with the City's watershed management plans and the Parks and Recreation Strategic Plan. Floudplains should perform multiple functions for flood conveyance, transportation (trails), recreation and open space, habitat protection, and environmental preservation. 2. The City shall endeavor to protect the life and property of its citizens from the 100-year storm through these policies and design criteria adopted through the Subdivision Reguiatlons. 3. Drainage infrastructure for new do- :sopment shall conform to City Council approved watershed management plans that address both water quality and quantity issues, including giving guidance un where natural versus Improved channels and rural versus urban drainage systems should be located. 4. Design criteria shall reflect a balance between aesthetics and low maintenance life cycle casts. 5 Developments In the City shall minimize erosion occurring during the physical construction of the P infrastructure and private improvements using adopted best management practices. These practices should reduce the potential of erosion that damages the existing ecosystem and produces silt. Siltation I reduces the capacity and functionality of the drainage system so it must be minimized. 6 Regional detention shall be implemented versus onsite ponds according to the approved Watershed Management Plans. The Cily and developers will be required to combine resources and create I partnerships to satisfy regional detention plans. I 7. The City shall minimize channel crossings to reduce potential restrictions and safety hazards. The City shall promote the use of roadways parallel to the limits of the 100•year floodptains to provide a natural riparian environment by establishing green space between the road and the channel. Green space is required even if the channels are improved so that the limits of the floodplain are contained within the channel area. The green space between the channel and parallel roadways shall be dedicated to the city • to serve as open space, limit flood exposure,and facilitate channel maintenance, B. As infill and redevelopment occur inside the developed portions of the Gty, the existing substandard drainage systems must be reconstructed in a cost-elective manner to limit Impacts on the adjacent developed I n jerties. The reconstruction of these channel systems will occur through redevelopment, ' and may incfide the use of public funds to correct existing problems. The design of tiese drainage • improvement, shall minimize the damage caused by flooding and the cost of maintaining the drainage • • system, 11 rA�. , I S e •� y I t 14 1 I` ''N i?�B.♦ b M i � /I ti A I ..� I(y i11� 4 1 d r 10 ' I 'a 41 s I , , l 4 I 1 •ir r, r 1 , �, � , 1 , 1 � L L ♦ 1 Aid ,� r*«aaa:lnn`�i151"1F+:.^132wµ♦wvKJr'aivavrl.w.nx.er A. ' w,,rww+«srP.rk.l.'»wWkuLwiYli�l�iM�'aJ6N.p1FiMbIK�'.J Ai4'IiMtRdMMvM+s��a.r � . w1:. III. DRAFT INFRASTRUCTURE POLICIES:WATER AND WASTEWATER SYSTEMS i. Sale drinking water delivered efiiclendy and in sufficient quantity to homes and businesses and wastewater that Is M' collected, treated and released back to the environment are fundamental City services. These services must be E l provided at fair and reasonable cost to customers. Water supplies must be available to meet future demands,and } the lengthy time spans for developing these supplies requires continued hoes) ht. Locating water and wastewater y » facilities needs to be sensitive to environmental and neighborhood concerns in addition to engineerbg crderie. The overriding concem of ell of these allrr'butes of a desirable water and wastewater system is ft concem for , protecting public health. 1. Developments shall be constructed and property owners shall maintain their properties and private Infrastructure in such a manner as to not compromise public health, endanger the public drinking supplies,or pollute the environment. 4! 2 Water and wastewater facilities should be located In areas that meet engineering criteria and are t compatible with adjacent properties to the greatest extent possible. 3. The City will not pre-inslall water and wastewater infrastructure to new areas, but witi follow development as determined by the private sector or as directed by the governing body, with oversizing and existing trunk system upgrades, 4. All water distribu%i Infrastructure and wastewater collection Infrastructure extensions to residential and commercial development shall generally be the responsibility and expense of the devekoper. 5. The City may participate in the cost of oversizing water and wastewater lines to meet future development. t 6. The City shall strive to oversee the development and operafon of water and wastewater inkastmcture ; that is safe, reliable, cost effective, environmentally sensitive and sufficient to meet future demands in ; cooperation with other entities. 7. The City should promote Infill Infrastructure Improvements over new line extensions that expand the geographic coverage of the City's infrastructure systems. r t ri f I. f ♦ • , ,�2XI ❑ Masi 4 ' r r , r r r ^ � , , r a , r M17�{M t _ i , , •,i u.:F.�l��.�:�Jd'S5t'tJG�4tMl 6.a6!JJI•/119'rMWAxs w+e«. �.....1�w:.+:+..JwAncr.n.^fNtai.lra,�Mr#M'AMF�l Y1MiN.N.^MIIIi�MM4wri4M^w.c � 4itr ' N. DRAFT INFRASTRUCTURE POLICIES:ELECTRIC SYSTEM The Cify shell strive to devekop Mrough ether hnprovements l makes, or Improvements made by developers or other elecW utilities, lnfreshicture that is safe, reliable, cost effective, envkonmentely senslhre and suftnf to j meet future demands. Underground ebft utility servk a to new developments Is important to promote good , urban design and enhance the aesthetic quelly of the deveWng neighborhoods, R A cooperative effort between bocal government and the private sector is required to provide electric WNW in a p cost-effective manner. Policies related to eAxft utllies wX be based on fak and reasonable parfkohon in the a costs of WOW by both public and prlvafe filerests. 1. Electric service to all new commercial and residential developments shall be installed underground. 2 Electric service providers and the City vdli work together to achieve the goal of installing electric utilities ` underground akxg and adjacent to major entranceways. 3. New electric Feeder lines to major bad centers may be installed overhead except b specially designated y areas or where existing electric, communications and cable facilities have already been converted to underground facilities. 4. Electric service providers In the City shall cooperate with City initiatives to convert existing overhead electric facilities to underground, ,Y . r 5. All street light fixtures in new developments shall be in compliance with City specifications, The City will use municipal lighting fixtures that direct illumination efficiently, reduce potential nuisance lighting ' problems, and enhance views of the night time sky. 6. Developers are required to adhere lo to City's street righting policies. Any additional expenses d ; incurred as a result of approved variances from this policy shag be borne by the developer. ?' y, } r t ,♦ !1 C ..r J vet 4 .! t i i I 13 AU- 1 i zs x I ❑ 3zx101 • 'f •� r ' ' /j 'e 0 w a IYNIDA�IO ^ r 4 i 1 r " fr � rr - • s•' :� i f ' . I tiro '.,1 r r . ' ` ,� ! - ' ^' 3 h V ,try . ��. ♦ ti T'I P� J. 51 Sfx! ��l t n�fl. s'y r f1 5- ; � E r n, ..X ia:1AI.a:"�.f.i5'iwkYit�B,svidlAiBA'ab&kri/1v�a-w.i.,+-. .,�`f ' f ..i...:+-.a.usnrawa..�li.VM�ir •AMdYaaua'l+xsrfSUtwN!rM.N�: r .Ga... )s • " V. DRAFT INFRASTRUCTURE POLICIES: SOLIDWASTE The$ate and efficient removal of solid waste hom the WffffW*Is esse"in prolectbg public heap!. Responsible dispo*of these wastes murinires ft corrrmurrdys impact on the environment CoBredfon and disposer sWas fl must be provided to fire oanunfrndy et a reasonable cost and alauld reAec!the We of services that customenr want. The effaw" and cost of solid waste services ere largely dependent upom conurnxrt<y development activ�ies Planning and proper rwegement of growth inikrences sorrl waste service opfbns Devebp7wi W&s musf support the eff+cierrt coAedion arrd disposal of sorrel waste and pmvlde ft flex bft necessary to acaornmodate the I - dWWiy ofservWs that the waw*desires, :. 1. Urban design and lrargodatan infrastrudire policies shall promote efficient access to all resdenbai and commercial development. 2. Site planning and design should rat W collection service delivery allematives. 3, Development criteria shall establish on,-site eonstnrclion standards appropriate for solid waste service delivery. 4. Development policies will integrate consideration of community aesfttics when planning said waste and ` recycling containment facilities. 5 Program golkla will suNgrt wrt jffeotive resyclingpgnme that enmraw gublk eduutbn weete minlmiraUonr materiels rouse and environmentel_etewerdshlo, I r i I a 14 75x ❑ $2x1Q I � 'r 1 1 f�•1 C '� y � , e � 9fFi79i, r 1 - a . 1 , ( er It ,'I F . . .,.I,. . w . �.bhA1•wwx,Y x1.M -.. . c�x.�5.n..v�•4 rvrdu�/V`,Iip.t�rvFY1HMa'YiinAlx+kkn%I:sAW—eM w., c y 4 VI. DRAFT PARKS AND RECREATION POL191ES Attractive, sale and well-mafnfakW parks and recreation facilities are essential elements of Derdon a image and Quality of file. it shafegically placed and equilabty distributed, they can provide a wide array of opporfunibes for both lndivldual and community enrichment, In addition, parks and open spaces may serve to protect environmentaQy sensitive lands from the potentially harmful Impacts of urban development, while preserving the e recreation and transportation opporfunitres these lands may offer. A cooperative effort between local govemment and the private sector is required to provide public facilities in a cost-effective manner. Policies related to parks and recreation should be based on fair and reasonable arid etion in The costs of such facildies b public end P rivate interesis, P P YW t. A wide array of pans and recreation opportunities should be equitably drstrbuted and accessible to all Denton residents. Park and faprty locations will be determined In acoAance with the Parks and Riecreation Strategic Plan k 's Y 2. Parks and open spaces should be Located In of adjacent to floodplains, where possible, to aid in fbodplain conservation efforts and to enhance recreation opportunities. Such areas may be developed with recreation facilities or set aside as open space lo preserve sensitive areas. 3. The City should acquire and develop parks in combinatbn with other pubtio facilities to achieve oosl-effedive delivery of public services. Park property could be developed jointly with Wities such as new schools,storm i water detention basins, drainage channels, fire or police substations, or libraries, This policy should rat contradict the spatial distribution objectives determined by the Parks and Recreation Strategic Plan. 4. In order to ensure the reasonable distnbutlon of public parks in accordance with the Strategic Plan,residential developers should provide In their projects land for Neighborhood parks sufficient to meet the needs generated by their development,or provide an alternative strategy to satisfy this demand 5. The City should be responsible for the acquisition and development of Community and Citywide parks. r • t 1 r , `i , ,�fl•, t is t 25 10 *r 32 X I O 1 =1LIMA_�VIIILALAMALA-4111AVN a mew h ' r O r .-WAPWAO -".- w�eswnrw..n�f.. _ :+',�rr..�a7:-r.vva.!rWiiwc+wat Pktk>1dPY¢b*wi1PN4YkwS+uGrYerIV � .w.. 1 VII. DRAFT ENVIRONMENTAL QUALITY POLICIES Our qu&W of He begins wAh our environment. On a global bests, Americans use approximately 25%of the ftt's resources though we represent o*5%of the world's populetion. The 6rcreasfng pressure on our nahuref resouroes threatens the balance between query of tits and economic growth. Recognizing a headhy!fie necessAafes a hee"y ecosystem. Our commonly Is ownmJtkf to protecting end sustaining the natural systems that form the basis of ft Aself. Development in a communAy krrpeds the environment. By a**nizWV the negative breads of development 66b optimizing lire posAive aspects of development, a balance between enOmmental qwW and oorrxn * development can be attained. Wafer, air, and earth -aA are components necessary for growth end sustsirkng Se. These components deserve ouradenoon as our cornnwno grm. A hotisfic or muAidisdplinety approedr offers a oomprehensW method for planning. By IderOft ecological function and value, promoting environmental awareness and education, and supporting tong" awpvhensW natural'resource planning,our com w y can meet fire needs of growth wNfout feopaidrzxrg our environment 1. Development policies shall emphasize environmental awareness, promote the ethical use of naturd resources,and encourage M preservation of the native habitat. 2. Environmental protection b an integral consideration In the development of policies concerning economic growth and community development 3. The development plan shall evaluate the value and function of the natural environment wilhin the study area p and Identify areas with unique ecological significance. 4. Policies should promote the appropriate protection measures and management lechnques Io minimise harmful discharges directly to the environment, 5. Site-speck polub i control techniques shall be based on the environmental signficanos of the area and the pollution potenlial of the development 6. Environmental mitigation should be considered for development in areas of ecological significance, 7. Developmenl policies shah aften,pI lc establish the equitable distribution and use of natural resources, mit In sfuedna_and Imder reMino MI ragulatbrn and crMM I91dt4>=4AliS�� �IgII pII31L4T� eharoa and erosion conhoL s 16 � , � � 25 x 10 32x � C i , r � p ,.. }'.1 .. . i (n..fi.a,.,.• - .,. .. ..v,ra ,a.,hr{„MY N�'4N ha w,�.,�..p.tl..4�/+•x, � +ix..., Vill. DRAFT NEIGHBORHOODS POLICIES i Neighborhoods can be defined In many ways, but for the purposes of the Denton Plan, they are viewed as clusters of residential development that share a variety of functional and social ties, Neighborhoods form the backbone of Denton's citizenry;these areas are where people five. Neighborhoods are expected to be safe and secure,pieces ofquaIV where families thrive and children go to school and pray. ' Neighborhoods face challenges as welt. Low income and minority neighborhoods need revitalization assistance. Other neighborhoods feet overwhelmed by traffic congestion and development that outstrips our ability to pro vide schools and other se,,ices. An increasing body of knowledge indicates that neighborhood subdivisions contribute to sprawl, causing city infrastructure systems to be stressed and underutilized. When services are lneA'o;fently provided, tax dollars are not spent wisely. A recent series of national debates has also focused on the relationship between neighborhood design and quality of life. Current zoning trends land to separate lend uses from each other, increasing the need to travel and promoting social isolation for the less mobile members of the community, primarily the young and-,the eldery and th dis41. SubdiAion practices have been found to contribute to increased vehicle use, vehicle speeds, and thoroughfare traflrc congestion. These issues need to be discussed as Denton's future is pianned 1. All neighborhoods shall be served by adequate infrastructure and slap have adequate access to public and community facilities. I Land use policies that encourage a mix of uses should be investigated In r to offer a range of benefits to rnidsnts end the entire city, A Standards should bA developed to ensure welhdeslaned mixed use prolecta for undeveloped property, Includina the mitigation of any potential adverse Imyects on existing neighborhoods. 3. Fouling neighborhoods should be protected and preserved. 4, l3icyQ!e and pedgetfia9 I i safety and_reUe,yeh Cle use, 4.NejNYj hoods staouidaccomrodatelrans+t.pedesk+aq, 44ieyO4e sysieme to red64cev@hideuse7 5. Discussions should be initiated to determine how neighborhoods can be designed to promote social contact and civic responsibility. Our mobility impaired citizens, Including the elderly, young, and disabled, should promote our socialefwell-being. d mgiy apps: ;to sores,libraries,parks, amusements,and other facilities that • ! i 6. A forum should be developed to address neighborhood quality of Ida Issues, avoid competition for resoumes among neighborhoods and ensure that the larger community interests are not sacrificed for the interests of a single neighborhood. The City of Denton will designate a "single point of contact staff liaison to provide • information and support to neghborhood groups, i 17 r`�,; �� � � 32x ❑ • r , Y _ .+..N wbsanr v •. .aa.ei +N CY m'1r0 V",F r•d'A*wA,6 'W",W,."M+wrtlJ Ar gun :tip IX, DRAFT HOUSING POLICIES ' 'Housing'has different meaning to diHererd people. Some people envision a term with acreage, while others think of an apartment on the Square. Nome ownership continues to be an krpodant element of the American Dream. Housing construction costs have made this goal much more di7icuit to achieve, and growth infenshs the competition and demand for existing homes. Homes that are similar to each other fend to be concentrated in one area, a phenomenon that creates neighborhoods based on krcame. Development and lending practices are markefdrWn, and Be*&=khousing construction for s ram.Ya4apar1a8* and manuWuFed homes are not Werated as a9cept hie housing ailsmal4es in many Ovations Because of they e i l _rgeter r oacf on lrlra£tru fG�cm6wg gd,nsity aoartmenl�and manufactured housino gad fo 1. Alternative types of housing that respond to the differing economic and individual Ide-styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. All people who work In Denton should be able to rive in Denton. 2. Homes that vary in lot size,building size, and cost should Ise ma be permitted In new development.If then The ability to establish a reasonabls Dike range should be governed by pdyals m+lrktl forces, (The defedon of the and of the first sentence was rocommended by PU on March If e, iM-1 3. Existing housing stock, particularly for homes�Jer-S1G9-0ABafiordable housing should be protected and preserved to avoid the loss of dwelling units that are ty, }lprikely to be replaced. 4. Incentives should be invesligaled to encourage infill housing construcCon, especially in conjunction with low income and minority neighbortiood revitalization plans. - 5. Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. 8. City review and inspection tees sh')uld be reviewed to determine if changes could be made to ease affordable home construction costa. Such an examination should be undertaken only if benefits are passed on to homebuyers. Z The need to provide a sufficient amount of land to accommodate housing demand should be balanced by the desire to maintain compact urban patterns 8. The range of house g types available for thA specialized needs of the elderly, disabled, low Income, students, single•person, or female-headed households should be acknowledged as pal of a strategy to diversify our neighborhoods. 9. Areas where higher housing densities are allowed should be suppole:by the evailaNlity of employment, J commercial services, public utilities and facilities,and transit,pedestrian,and bicycle systems. 1 + li 18 I - x1 ❑ 32x ❑ ._... a '.v i , i [ a �. r r's Y 1 i �� 1 ✓' '� , n i c i r r t a 1 t s , 1. .... . ..u.euwah�.o.,•r aRl.rt�W.iKaw.r are:'.,. . r ' .,_. .... ,.,•e.n•.v oar�evwwV.mwWSM..rYw,n l�!trtw.+>'Mrm`M.wMn i.b..;� ii i X, DRAFT ECONOMIC 09.RSIFICATION POLICIES , A healthy economy is Important to all city functions. Major Issues that must be addressed Include job creation, business recruitment, business expansion, and smelt business formation, A number of elements merit ss consideration, including job quality, environmental Impacts, public resource demands, end quality of life Issues. { The characteristics of the city's workforce- salaries, education, job location (inside or outside of the city), and quality of life prospects-are important In determine strengths end weaknesses in vide a health business pro ng Y q �Y p p� p� n9 rr9t , n climate. � 4. The city should encourage a strong, diversified, and self-sustaining economy, creating a wide range of employment opportunities, enhancing Wl ownership opportunities, and expanding the tax base of the city. 2. Local business ownership and small business creation should be considered high economic diversification priorities, kevemenisaadlerassistance;aa>i abalemenl grads ar f0ang s >dbe Cam'dered laeasauraQe+nduslda�and bus'nesseak►e measure short and long term benefits pr+er-te � ru 've . inGeollivesshoukilb000nsidared 6ul rommunity�4ans-FroleEtsvelving retea iea caFbxpansio� 4-0evebpmeat+ncr,�tives rzay vary by sKg�r+d type sf estabkslarraent;and IFItial aAdPeterrtal�apasity as a geoe;awstea+ and tywiva+akea sigri lease ti;3,F_z_,sConsader6iP of site planning, urban design or neighborhood compatibility objectives will be Included in the eligibility requirements for business retention,expansion,or reefultment Incentives. i r 1 i r i =v 19 32 x � n L f n 7 p , .r , � i , �•.,. rr q• i '. 1V it i i Q t , 7 ' "yr r ,��• 1 r 1a r r. .:.v.'m n.M n,n.. .re...v�rsw'nWnw.n . ' r-�w.w.YiuwY,w�,.wl'.�•S+bKhwr�ltBCxI�MYesuMWswe . A DRAFJ GOVERNMENT POLICIES Denton's city government Is under pressure to provide better services with less money, a challenge posed by ; taxpayers to many cities throughout the nation. General guidelines need to be developed that set the standards for performance in relation to growth and new development. 1, Development regulations should be clear and understandable,operate with a minimum of administrative time and expense, and should be consistently enforced. 2. Developers and Investors should be Informed of all project expectations during early planning stages, and , conditions subject to interpretive re view should be supported by carefully defined guidelines. 3. Intergovernmental coordination Would be facilitated to the maximum extent possible, regardless of jurisdiction or service responsibili i, Efforts should be made to share resources whenever possible,and redundancies or duplication of effort should be eliminated. 4. The development review and decision-making processes used in Denton should guarantee full notice and equal pa&;paWn opportunities for all interested parties. City staff will maintain nsubaliy and provide clear,unbiased information lo facilitate community discussions, I 5. City government will comply with the same regulations that are Imposed on private development within the community. Every effort should be made to ensure compriance on the part of school district and county projects as well. ,r r r it ti ti I JV I ' II l` 20 10 32X V ur 4 y XII. DRAFT URBAN DESIGN POLICIES The city- buildings, roadways, and landscape -is the physical manifestation of its people, their values, and the community's character. What is built and how it is built it is on display for everyone to see, Reskfenfs and visitors form their ow n im P res sions of Denton's Image and identity ty based u po n indindue f experiences,. As a communif Y, , all stakeholders influence the city's urban design qualities. Urban character is influenced by thousands of individual investment decisions made on a daily basis by homeowners, developers, business firms, institutions, and public agencies, Many other cities have experienced signirrcant economic benefds when urban design issues are property addressed. "Urban Design'is a term used to define how a community manages its physical and visual character. Properly developed urban design policies need to acknowledge economic reailties and functional necessities. OrAerenf areas in the city serve different purposes, so district-oriented urban design strategies are approprisle. Practical and reasonable expectations require that urban design efforts be concentrated on the 'public environment", a term that refers to areas that are either physically accessible or visually prominent to members of the general public, We seek to maximize both public and private benefit's by improving visual qualify and perceptions of o.rr image, 1. Visual quality objectives and a healthy business climate should not be considered mutualty exclusive, Any urban design strategies adopted in Denton should demonstrate strong consideration of private property impacts. Urban design concepts should be Incorporated into private development plans early into the review process. Attention should be paid to design principles that in many cases do not increase project ousts. 2 The impact of public features such as signage, electric tines, valve boxes, slid worst � le streets, curbs and gutters,sidewalks, buildings, parking lots,and parks should be recognized as important factors in affecting community appearance. City government will exert a leadersh;p role in following the principles of good urban design. 3. The pity's urban design sMegies should be guided by the principle that the spaces between buildings are just as important as the buildirgs themselves. The form of public spaces should supaA their intended funcl'ans,and their visual qualities should communicate the values we feel are important. 4, Concern for community appearance should be addressed in a comprehensive manner. Such an approach provides the opportunity to integrate urban design objectives with other planning mechanisms, such as zoning, subdivision regulations,historic preservation, economic deveopmenl,and environmental protection. 5. Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility. Contrast and variety contribute strongly to visual interest and viewer perceptions of quality. If aesthetic standards are implemented by city government, strong attention should be paid to avoid regulations that promote • sameness and stifle individuality. { 6. Urban design principles should be emphasized in neighborhood revilalization plans, and residents should help to determine social and cultural values that are reflected visually. Infll development should be evaluated carefully to promote compatibility with existing structures. New development can provide contrast yet complement older structures f 21 �07= 1ti . A 32X1 } � 3 .! � � I,, I .✓,.� r<1 `. ' ..t ��f .t iii � ✓ 1:.:`� ��r 1 I it { 1 , .. 1 • l 1 tr 4 t 1 I /I I + I 1 i u 7 r w t f �,. 3 -.a.n1...r.p,e,tn++..wm,lnlr✓II NMAr66SA'r+�WbrA'laP6��.Wws+�rw r wr ",� Sy 7. Opportunities for the display of public art and practice of the performing arts should be provided In a variety of public property venues, Including parks, street rights-0f-way and public buldi . 8. The unique and distinctive cultural, historical and architectural features of Denton should be Identified, ' restored,preserved and maintained through a partnership betww the City and priv de Interests, in keeping with the Historic Preservation Plan. - 9. Development along major entranceways Influences first Impressions and the Image of the Denton. Good 4 urban design should be encouraged and promoted to enhance N appearance and perception of quality 7' along thoroughfare corridors. 10. The City V Denton's Image is strongly influenced by Its universites, and efforts should be made to enhance their appearance wthenever possible. The City should strive to encourage more community interaction with the universities by linking physical access between university and public property. i 11 Ths value of trio and landsoWna should be recoanized as Important InWres that stronaly Influence the assthstIcs and onvlronmental cal ft of the City. This rompift qf. value should be reflected in slI doolooment slmdards. 12. The City will continue to view the Downtown as a unique and dominant area that merits spacial attention. } A comprehensive downtown revitalization program, based on the strategies of the TPAas Urban Main Street program,will be pursued to maintain the momentum created by recent improvements. I — , 1 I . S 4 ' I r` 1 22 f',Q SI y it I r a ,h ti f ,f 1 ! ♦. 0 t . r . i , i f • t , 1 1 . , , , ..ra.r-a.rsM•wn .,` _ .. ..—... .,.. ..v+u_,..we4%+4M41+.R�Y.tZJf'AwPM`Y}r.wMMdGne°a. a � w:w,: XIII. DRAFT PUBLIC INVOLVEMENT POLICIES The Denton Plan will require time, effort, end resources to become a high qualify product. Technical competency, Innovative approaches to challenges, and equiloWe policies Rre Important as plan progress unlofds• The best-laid l plans for any wAurs, however, will never succeed without the commitment of its participants. The public Involvement prcodures for the Denton Plan must be WIDE OPEN to anyone who expresses interest in Its contents, It Is not enough to say that we will provide opportunities for of people to comment on the Plan. Creature methods must be employed to solkd, obtain, and record sherehofder comments, Public Involvement is critical, and Denton Plan success or failure hangs In the balance. When finished, the Plan ahouki be considered DENTON1 PLAN—it must belong to everyone. I 1. All City of Denton stakeholders should be invited to participate in all stages of the planning processes y conducted by city government. City staff will design public Involvement procedures that ectively engage stakeholders to participate In city planning, This approach should extend beyond planning into design and project-specific ec6vities• Charettes, which are used to involve groups of people h project design, and demonstration projects should be considered to obtain citizen Input before major projects are Implemented or to introduce innovative design concepts. Z The public Involvement process should be structured to take advantage of the opportunity to use the planning process as an educational tool. The Denton Plan Is of only limited value If members of the community do not understand its contents, Development concepts can be highly "nice] and complex, and the Plan should define and explain items that are unusual or unique,and that may not be easily comprehended by the general public. E 3. Thr` use of different types of media should be explored to determine the best way to engage as many City stakeholders in the planning process as possible, Television, newspapers, newsletters, meetings, speaking engagements, publications, resource centers, and other options should be utilized as appropriate to ' communicate with as many stakeholders as possible. 4. The public involvement procedures usftd by the City will be coordinated to avoid communications 'over- saturation', iL 11 tl f � f Y I ' • t r i , I ;f 13 IN 2.5 x Ia 32X Io arn�e+s A l » I GLOSSARY OF TERMS 100 Year torn: The one hundred year storm Is a flood event which Is determined to happen within a 100 year cycle, It Is delernnned by use of periodic Nod measurements of past storm events,actual flood tables,water flow,and other means. Access Management Practices: The use of engineering practices which determine site distances, vehicular speed, and other methods to calculate the maximum access points allowable at any given section along a roadway, Curb cub or limited so that conaeetion ogeurs orlmtrlIV off the roadwi Capital Improvement Program: A program that forecasts infrastructure Improvements to the City using a set timeline and Financing methodology. Ch rette: A. group design process usually utilizing the skills of design professionals, city officials, citizens, and other interested parties. The 'Charette' Is accomplished over a predetermined time period regarding a specific land area, or e larger overall plan area as a design tool. This process is also used as a forum for ideas and goat setting _ t n : A method of detaining or delaying the flow of water or run-off,and eventually releasing the water at a slower rate Wow Another storm water control option,called retention,captures water and creates a ponding effect. Ecosyslem: The natural systems of our environment, including air quality, wafer quality, plant and wildlife habitats, soil stability and other systems of our habitat. Iniras"ure Public facil'eties that support the City such as water mains, sewer mains, streets, sidewalks, parks, publ'e facilities,wastewater treatment plants,storm water,electric facilities,and solid waste disposal Master Plan. A master plan is a tool used for ptannirg future land use, transportation,water, sewer, parks and other city facilities. These plans allow the City to forecast future costs and infrastructure needs. Some of the plans in this document include the Parks and Racreation Strategic Plan,the Thoroughfare Master Plan and others. Mulli-modal: The coordination of a variety of transportation devices, such as, vehicles, bicycles, transit, and pedestrian systems Be_glonsi Detention: A series of large baelns publicly owned that are designed to hold stormwatsr and release It slowiv!o avoid channel overflow or drolnsglt sys failure, R,ght-of way, An area of land for construction and maintenance of roadways, sidewalks and utilities harehold r t kehoiders: Interested POWs or groups and organlzatfona with It eharo or Interest In a property, community or CRY, • Riparian: A term used to do i areas of features on or near a bank of a river,pond,of small lake. ' Sustainable: To maintain and support a system or lifestyle without detrimental harm or overburdening of the community or system Includes a broad-based economic process through a system that protects and restores the quality of life for Individuals, the quality of the natural environment, and broadens the prospects for future generations The merging of economic and environmental goals is a concept of sustainable development • Thoroughfare A roadway that serves es a link belwesn mafor odylty centers within an urban area 0 • yW Urb Design pattems and details such as architecture,massing, scale,landscape, public Improvements and other elements In combination which cohesively create a design theme, Watershed: An ores of land that evsntuafhr drelns to a single destination, through surface runoff, a aerlas of streams.or a dninaga system 24 C 32 X ❑ , 1 k , n i n • I r , L A f i I{ � f r� i r L+ � ,,� •^w :'IR�41 f t , � r 1• ' �' L �'+ . ., . .,�<.,. ... ._. ..M3 nr°-�.:w,wwww.r•.aw _. � c ....-.o, ..,.��.W....�nwnreer,MYMwarw.Yur�,rlwYMMM614MfM1Mi�Whf«tiw.� � ,rr...�� , w , 4 THE DENTON PLAN rL: v u B Prepared for PUBLIC REVIEW DRAFT VISION STATEMENT DRAFT GROWTH MANAGEMENT STRATEGY DRAFT PUBLIC INVOLVEMENT PROCEDURES DRAFT PLANNING POLICIES Public Hearing: "Y City Council - April 711p 1998 at 7:00 PM Prepared and Revised by City Staff 4 ,• April 7'", 1998 k • , For oVies of 1hrs doamw&qn 0om,wnfad Cky of Oenfon Awnkp and Devewffw a Depan}nerd } �2 f N. Denton, Texas 78201 9401340-83M { fax:940/349- 7701 , 1 • RELEASED NOVEA1eER 1TM,79Q1�RENSED N.1RDH 72^',1A9!�fZavteed f�Qfp 7*,�998 , . �.. "' 1 23 ; iki t a ' 32XQ , r IJ• ` , 4 1 r i r . r. 1 . .i ., �, z , ., ..+m•'� 4n�rualWl.Mf.�MVV•rAdY m4 , THE DENTON PLAN; Vision Statement, Growth Management Strategy, & Planning Policies ?' rkrROnucrfoN I As we start the Denton Plan process, the first stages are intended to develop a general sense of direction. if we don't know where we are heading, we can't develop a strategy to get there. . The Vision Statement, Growth Management Strategy, and Planning Policies will he used In cmiunction with the 1988 Denton Devekrpment Plan as the firsf of several planning guides to be used In the city. Other documents, such as the comprehensive plan arrd small area plans, will be generated as progress on the Denton Plan continues. TABLE OF CONTENTS g Introduction and Table of Contents 2 City of Denton Draft Vision Statement 34 Drall Growth Management Strategy 5 8 DRAFT PLANNING POLICiES; 1, infrastructure Policies:Transportation System 7 II. Infrastructure Policies:Stomiwater Drainage System 8 III, Infrastructure Policies:Water and Wastewater Systems 9 IV. Infrastructure Policies:Electric System 10 V. Infrastructure Policies:Solid Waste 11 VI. Paeks and Recreation Policies 12 VII. Environmental Duality Policies 13 VIII, Neighborhoods Policies to IX. Housing Policies 15 X. Economic Diversification Policies 18 ! M y A. Govemmerd Policies 17 Al. Urban Despn Policies 18.19 XIII Public Involvement Policies 20 IiI Glossary 21 26 L. r. 32x � Q . M • p � I City of Denton Draft Vision Statement Denton is a unique community whose diversity gives it strength, This uniqueness is a point of community pride and it is the goal of the Denton Plan to insure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital , quality. The proper stewardship of our community assets while managing the pressures of growth is a ` balancing act that will require foresight, long range planning and a great amount of community involvement. The Denton Plan should represent the best of our collective community aspirations an4, while preparing Denton for the 21" century, should never lose sight of the fundamental qualit;es on which this town was built. i Quality, diversity, and opportunity are the keys to future success. People with all kinds of different backgrounds are welcome to Denton, where they will continue to find a community i that offers well-paying Jobs, reasonably priced housing, and good schools and parks. Homes of all types and sizes offer a choice of lifestyles. Neighborhood centers will contain small shops and stores that are designed to harmonize with surrounding homes and provide daily necessities for the neighborhood. Residents will be able to choose to walk, ride a bike, use the transit system, or drive to many destinations throughout the city. Local businesses and employers will prosper, catering to customers' needs and promoting Denton's image at the some time. T must be a place in the city for all types of development necessary for a healthy, vibrant marKet p We want to preserve the distinctive qualities of our city while growth occurs, a goal that we know requires foresight and preparation. The Downtown is and always shall be the heart of Denton; the Square and surrounding streets will be used every day and night as a gathering place for commerce, civic events, and I entertainment. Growing numbers of downtown residents will increase the energy level of the downtown, and the renovated Civic Center Park will draw new visitors from throughout the region. Yet the scale of the downtown will remain the some, human and comfortable, and examples of the city's history will continue to remind our citizens of their heritage, Historic preservation will be a major theme in all development and redevelopment efforts. The downtown will become even more pedestrian-friendly, with new streetscapes and Improved sidewalks connecting the Square to both Eagle and University, encouraging sidewalk cafes and other outdoor businesses. To grow properly, Denton must nourish Its university partnerships, The University of North Texas will flourish, and the UNT campus will increase its visibility as a Denton landmark, prominently displayed to travelers passing through the city, The Fry Street Area and Oak- Hickory Historic District will continue to serve as important physical and social links between r the Downtown and UNT. Texas Woman's University will also contribute to Denton's distinction 0 9 as a city, and will be even more strongly connected to the Downtown as a result of Civic Center Park renovations. The UNT - Downtown - TWU corridor will achieve its full potential at a `-� dynamic and lively area, essential to the well being of the city. Working with city government and the business community, the two universities will realize their full potential de magnets for � high-tech and research-oriented development, 27 32 x ! ❑ • i i 4 , seeeavw City of Denton YSianstatement (Paget) The city, county, and school district will increasingly coordinate their efforts to improve public facilities and services, with careful planning for schools, roads, and utilities to accommodate j growth. Residents must always have reason to be confident that their taxes are being spent wisely and efficiently. The Denton community will always be committed to enriching the lives of its citizens - regardless of age, income, or ethnic background - through education, culture, recreation, and entertainment. Through the efforts of our schools and universities, our government, our civic and cultural groups, and our businesses, Denton will build on its distinctive reputation as an arts city, and most especially a music city. Through its outstanding public art, its galleries and studios, its museums and theaters and clubs, its renowned university musicians and artists, its festivals and concerts and shows, Denton will provide to citizens a wide range of cultural and entertainment activities that will also attract numerous visitors to our community. We need nature as much in the city as in the countryside. Our built environment cannot remain healthy without properly managed land, air and water resources; as we grow these resources will become even more precious. We can avoid the costs of thoughtlessness while we capitalize on our natural assets. As the benefits of Lake Ray Roberts and the Elm Fork Nature Conservatory p become fully realized, they will prove to be resources of incredible value, well worth our initial investment. Floodplains and creeks will emerge as greenway corridors that serve many needs, such as flood protection, recreation, tree preservation, and habitat support, Environmental planning must take its rightful place as on essential part of Denton's strategy to grow wisely. The entire world is within eosy reach of Denton, sitting at the convergence of two interstate highways and located a short distance from two international airports, We are regional partners within a major metropolitan area, and will share regional significance with Dallas and Fort Worth, with each of the three cities being recognized as a county seat with a unique Identity. The ability to interact within Denton itself, with the metroplex, or with the world is an asset 1 that will continue to be useful in marketing Denton as a progressive, forward-looking city with a 'home town"atmosphere. We can and will achieve what we want - growth that enhances rather than destroys the qualities that make Denton attractive. We will bequeath to future generations a dynamic, Interesting, and healthy city. Denton will prepare for growth and prosperity by considering all community Interests. C it values and heritage are important to us. We like Denton now, but we know we 1 • can make it even better. Growth will cause change, but the essential Ingredients that make Denton unique today will be preserved and cultivated In the future. 0 ! 1 I 28 25 ,10 32 x10 MM�Aff Was" , 1 . DRAFT GROWTH MANAGEMENT STRATEGY INTRODirCTrUN Growth will continue to occur In Denton, and the rate of growth may accelerate in the near future. Proactive planning is considered the preferable approach, defining the 'rules'by which growth will benefit the most people. f Proactive planning requires preparation and an investment of resources In anticipation of growth. Public involvement Is critical to plea success, Anticipation of the adverse impact of growth is a key element In proactive planning, In reactive planning,preparation Is not necessary. Without proacbive planning, growth Is solely driven by consumer demand, and planning for governmental services and utility systems is done 'after the fact'. The less preferable alternative is to react to growth and Its impacts as they happen. Preparation Is not necessary. Consumer demand drives the location and We of new development, and governmental services and utilities k systems are designed in response to growth trends. Adverse Impacts are typtcally more expensive to fix then to prevent Proactive planning is staying a 'step ahead'of growth; reactions to growth are always a 'step behind.' The growth management strategy contains policies that keep Denton a 'step ahead' All other policies In The Denton Plan must adhere to the Growth Management Strategy, 1. Essential services provided by government must be maintained at the highest levels of quality possible. City services Intended to protect and preserve public health and safety must be provided to all existing and future Denton stakeholders. 2. The growth management strategy should support the coordination of public services with private development. Development pallems that make the most efficient use of public services and Infrastructure should be promoted. The true Impact of private development should be accurately Identified and assessed in proportion to public costs and benefits. 3. The community should establish development rules that are clearly stated, administered efficiently, and enforced consistently. If development is proposed that does not satisfy all the rules, N should not be allowed. 4, Land uses should be balanced to maintain a diverse econom y and a well-proportioned p oportbned tax base. The city will • provide opportunities for the development of a full array of land uses within the city, 5. Areas of the city susceptible to environmental damage, or where Infrastructure systems are stressed, or where development would contradict city planning objectives should be Identified and protected. �d 29 `, ?h = 10 32XIG �. •. . �� : ,(YI aY� t � t 'At� it v f rr K L4 A tl4 0 'o. a 1✓ t .'. , r . i •Q 4 •X ' 'I'` i ,I I I ,s r., u u inYm..M,•MXakYkYYY'IM/- .r vLNFfJ.C.M w.4.Y.X/✓. � DMq GMWMIW:..ry..,..o Sb 6, Zoning should be used as originally intended, to address extreme incompatibilities between land uses.Zoning II should be used to Identity performance standards that allow land uses In defined district:. based on their ability to mitigate potential negative Impacts on neighboring properties. A reexamination of the use of zoning as a planning foci should be conducted to reflect community values successfully, 7. Development guidelines should be established to allow a wider range of land uses to coexist within close proximity to each of ar. Site design principles, aesthetic guidelines, and construction standards should be Investigated as possible toots to promote land use compatibility and encourage developmental diversity. 6. The location, placement, and design of public facilities such as parks, schools, fire stations, libraries, or human services facilities should be used to create neighborhood activity centers. Coordinatbn of planning efforts between different units of local government should be encouraged to save money and yield greater benefits to residents. 9. Residential development that establishes a variety of lot sizes, dwelling types, and housing prices should be encouraged, 10. The City should be designed to accommodate people rather than automobiles. As growth occurs, a variety of mobility systems should be given space to connect people to destinations that are Important to daily functions. Transit, bicycle, and pedestrian linkages should be planned and implemented to serve daily transportation needs safely and conveniently, 11. Denton's ability to grow and expand should be Identified in the City's annexation strategy. City limits and extrateritodal Jurisdiction (ETJ) boundaries should be clearly established, and relationships with other Jurisdictions should be determined through interlocal agreements. The annexation strategy should also reflect the costs of service provision and external environmental Impacts associated with land located In the ETJ. ! { I u tq 30 _...T o -...,. Y.;,.._ - old r 32XIO • Y• S p ' l S i O I. DRAFT INFRASTRUCTURE POLICIES; TRANSPORTATION SYSTEM Denton is strategically fonafed In the Dallas- Fort Worth Metroplex with respect to fransportation, in the pask affention has been focused on the highways and the vehicles that use them. As traffic demands on roadways increase, Denton should employ a variety of transportation alternatives, such as transit, bicycie, and pedestrian systemcwhich have been shown to result in economic, functional, aesthetic, and environmental benerds. Denton must handie interstate and regional traffic with innovative solutions that meet or exceed focal needs using appropriate stateof-the-art mufti-modal systems, 1. The City of Denton should plan,design, and build a network of freeways,arterials (major and secondary), and collectors that provide acceptable levels of service while complementing the land use decisions in the Denton Plan, The Denton Transportation System must be compatible with regional plans including the Mobility 2020 Plan, the Regional Thoroughfare Plan (NTCOG) and the Denton County Thoroughfare Plan. 2. The City of Denton shall use the Thoroughfare Plan to plan and design transportation improvements, program Capital Improvement Plan projects, and guide development review decisions. Many of the arterials In Denton are state roadways, so cooperation and partnerships with the Texas Department of Transportation (TXDOT) Oil be considered essential to the construction and operation of the the City's transportation system. 3 All freeways shall be designed with limited access that Includes frontage or parallel access roads Loop 286 between US 380 and IH 35E shall be upgraded to this type of facility to the extent possible as allowed through redevelopment. 4. Major arterials are Intended to carry traffic across town and between major intensity centers. These facilities shall be divided by landscaped medians to blend capacit! with aesthetic considerations Minor arterials should be at least four lanes, with left turn lanes provided for all major Intersections. Collectors shall have at least one full lane in each direction to carry tretfie to the arterial system. 5, The City of Denton shall use Access Management Practices to make lie investment in the roadway infrastructure as cost efficient as possible. These practices including placement of curb cuts, median openings spacing, and parallel access roads (public and private). 6. Residential streets shall be designed to Include traffic calming practices that promote the use of collectors and arterials for trips that are not locally oriented 7. The transportation network shall be designed to optimize the emergency routes necessary for police and fire operations and to promote efficient delivery of services such as mail and solid waste. 6. The public transportation system shall provide services to all citizens at a reasonable cost, using routes that maximize service delivery and that meet the needs of the mobility impaired. The system shah be • developed to be compatible with the eventual connection to regional systems such as Dart, the T,OFW Airport,and other future systems. 9. The Denton Airport shall be a key component in the multi-modal transportation system. Denton Municipal Airport is effectively localod to optimize the movement of goods and services throughout the Metroplex, % The Denton Trails Plan should be adopted and the network of sidewalks, bike UaI1S, and greenbelt paths A should be Included into the Capital improvement Program for funding. Development shall address this r0 network by dedicating hghtsof-way and constructing portions of the network across their properties. Linkages to destinations that serve daily needs should be emphasized to reduce vehicular trip generation. 11. A transportation lobbying campaign should be conducted to ensure parkipaton in federal, state, and regional infrastructure funding decisions Local funding participation In prorily projects should be considered for inclusion in the City's capital Improvements program. 31 32 x I Cl Y O i ouemegie II. DRAFT INFRASTRUCTURE POLICIES: STORMWATER DRAINAGE SYSTEM A basic service of the City is to provide and oversee a safe, effective drainage system that respects both the natural and urban environment within the City's limits. Floodplains benerd citizens not only by conveying runoff water but providing opportunities for open space and trails, preserving the natural environment of the community, and improving the aesthetics of the community. Designing this type of drainage system is complex and can be 4 facilitated through carefully prepared watershed management plans and design regulations. These regulations must also address the problems associated with erosion, which can easily be accelerated during the development process. 1, Floodplains shall be dedicated to the City in accordance with the City's watershed management plans and the Parks and Recreation Strategic Plan. Floodplains should perform multiple functions for flood conveyance, transportation (Vails), recreation and open space, habitat protection, and environmental preservation. 2. The City shall endeavor to protect the life and property of its citizens from the 100-year storm through these policies and design criteria adopted through the Sube rvision Regul ilions. 3. Drainage infrastructure for new development shall conform to Off Council approved watershed management plans that address both water quality and quantity issures, including giving guidance on where natural versus improved channels and rural versus urban dralnago systems should be boated. 4. Design criteria shall reflect a balance between aesthetics and low maintenance life cycle costs. 5, Developments in the City shall minimize erosion occurring during the physical construction of the infrastructure and private improvements using adopted best management practices. These practices should reduce the potential of erosion that damages the existing ecosystem and produces silt. Siltation reduces the capacity and functionality of the drainage system so it must be minimized. 6. Regional detention shall be implemented versus onsite ponds according to the approved Watershed Management Plans The City and developers will be required to combine resources and create partnerships to satisfy regional detention plans 7. The City shall minimize channel crossings to reduce potential restrictions and safety hazards. The City shall promote the use of roadways parallel to the limits of the 100-year floodplains to provide a natural riparian environment by establishing green spac3 between the road and the channel. Green space Is required even if the chennels are improved so that the limits of the floodplain are contained within the channel area. The green space between the channel and parallel roadways shall be dedicated to the city to serve as open space, limit flood exposure, and facilitate channel maintenance, 7. As infill and redevelopment occur Inside the developed portions of the City, the existing substandard drainage systems must be reconstn cled in a cost-effective manner to limit Impacts on the adjacent developed pfoper;ies. The reconstruction of these channel systems will occur through redevelopment, and may incPcde the use of public funds to correct existing oroblems, The design of these drainage • Improvement* shall minimize the damage caused by flooding and the cast of maintaining the drainage Q system. l 32 32x ❑ Ve ' r r + i r , 1 , t 1 r f afamfORr C Y 1 r +...+.n.FK+ww,frrlak'rWWW<IdMMM?JIMY�M41Wi0klalii rl iMe.a.w, 4 . a .tea _ nl,.R ♦ . r a r 1 III. DRAFT INFRASTRUCTURE POLICIES: WATER AND WASTEWATER SYSTEMS Safe dd ing wafer dervered efficlentiy and in sufridenf quantity to homes and businesses and wastewater fhaf is collected, treated and released back to the environment are fundamental City services, These servkes must be provided at fair and reasonable cost to customers. Water sopprres must be evagable to meet future demands,and the lengthy time spans for developing these supplies requires continued foresight. Locating water and wastewater facilities needs to be sensitvre to environmental and nelghborfrood concerns In addition to engineering cdferia. The overriding concern of all of these attributes of a desirable water and wastewater system is the concern for protecting public hea!!h. 1. Developments shall be constructed and property owners shall maintain their properties and private , Infrastructure in such a manner as to not compromise public health, endanger the public drinking supplies,or pollute the environment, 2. Water and wastewater facilities should be located in areas that meet engineering criteria and are compatible with adjacent properties to the greatest extent possible. 3. The City will not pre-install water and wastewater Infrastrocture to new areas, but will follow development as determined by the private sector or as directed by the governing body, with oversking and existing trunk system upgrades. 4. All water distribution infrastructure and wastewater oollection infrastructure extensions to residential and commerdal development shall generally be the responsibility and expense of the developer. S. The City may participate in the cost of oversizing water and wastewater lines to meet future development &. The City shall strive to oversee the development and operation of water and wastewater Infrastructure that is safe, reliable, cost effective, environmentally sensitive and sufficient to meet future demands in cooperation with other entities. 7. The City should promote Infrll Infrastructure improvements over new One extensions that expand the geographic coverage of the City's Infrastructure systems. r ; i W i • ! I A'. 33 75 .x � ❑ , 32x ❑ , w i , i 0 r r , F JI 7 , r i I ,l .. „ .. .+ v ....w.� n1 r.. r .-._i..•wn•mrwwr W,v9MfMkY.^JwM'dY�'Y16C1MaF.MS.kMrtJwM99t+Mww, ...W � Yr Y F 4r 1 d' IV, QBM INFRASTRUCTURE POLICIES' ELECTRIC SYSTEM �. The C#y shelf strive to develop through either improvements it makes, or Improvements made by developers or I " other electric WdIes, Infrastructure that Is sale,regable,cost effective, envkonmentaly sensitive end sufficient to r" ' meet future demands. Underground electric utility service to new developments Is ArWant to promote good urban design and enhance the aesthetk Quality of the devekopU1 neighborhoods. A cooperative efforf between local government and the private sector is required to pro vide electric lacr7ifies!n a cost-eYective manner. Polkies related to akctrk utifides will be based on lak and reasonable partkipatbn In the costs of lacifides by both public and private Interests. 1. Electric service to all new commercial and residential developments shall be Installed underground. ' 2. Electric service providers and the City will work together to achieve the goal of Installing electric utilities underground along and adjacent to major entranceways, 3. New electric feeder lines to major load centers may be Installed overhead except In specially designated areas or where existing electric, communications and cable facilities have already been converted to underground facilities. ; 4. Electric service providers in the City shall cooperate with City Initiatives to convert existing overhead electric facilities to underground. S. Ati street Ilghl fixtures in new developments shall be In compliance with City specifications, The City wilt use municipal lighting fixtures that direct illumination efficientl,+, reduce potential nuisance lighting problems,and enhance views of the night time sky. 6. Developers are required to adhere to the City's ouldoor tighfino policies. Any additional expenses , incurred as a resuit of approved variances from this policy shall be bome by the developer. 1 K ;f �✓ 34 j; 32XIO y 'f I ! M l ♦ l � i 1 l 'e f ^ e f ,, n "pp • rt, '. { `� �, k ^� { 1 { r 4 rrtt 0 , J y � , 'f { �., . irr' r �I', f I > `.• f�l � �iArr , � t i , a N�sn i r L r. t' �, i •'° Y W r i 'i �A yy {", f r ..x .r^.'LB<.v rc.r1. .,�Cr r.+.h •. . � .....wv..i.:riM.YrwM.M�K ..�^�+..�+A"NFMY'wM+RV.... � «1.6i it y C V. DRAFT INFRASTRUCTURE POLICIES: SOLID WASTE The safe and elficienf removal of solid waste from ft community Is essential in protec tiro pubk het& Responsible J ; i me u provided to the wastes �of the a reasonableand should raged the type of servi<W that dai�rs want ` r ° J The ef5ciency and cost of sW waste services are faq* dependent uPor► COnNnURfty devebfxnenf aCWIGBS f Pfanning and proper management of growN kA*raas solid waste service options. Development po"S must support the eftient collection and disposal of solid waste and provide Ne Nezlbffify necessary b acconvnodafe the ' deAery of services Nat the cornmunly desks& 1. Urban design and transportation infrastructure policies shall promote efficient access to all residential and commercial development. a 2. Site planning and design should rat limit collection service delivery allematives. 3. Development criteria shah establish on-site construction standards appropriate for sold waste service delivery. a 4. Development policies will integrate consideration of community aesthetics when planning solid waste and recycing containment faciNties, 5. Program policies will support cost effective recycling programs that encourage public education, waste minimization,materials reuse and environmental stewardship, I ; i; 1 r I,v . . 35 1 WR ur 25 x 1 ❑ 32X d 1 ' ? , 1 :_� h ,• � d f r t i 1 1 r ' Ir n t I I � r I Ary 1 1 l D 1 11 1 , r VI. DRAFT PARKS AND RECREATION POLICIES i; 1 ' Attractive, safe and weq-maintalned parks and recreation Isal Hes are esso0of elements of Donlon's Image and quaky of life. If stretegkaty placed and equitaby distributed, they can provide a wide amey of oppoAunnies!or t both lndivldual and communrly enrichment. Ir, addition, perks and open spaces may serve to protect i environmentally sensitive lands from th3 potentially harmful impacts of urban development, while preserving the If L recreation and fransporfation opporfuntties these lands may oiler. A cooperafrve effort between kcal government and the private sector is required to provide public facilities In a cost-effective manner. Policies related to parks and recreation should be based on fair and reasonable participation In the costs of such facilities by publk and private Interests, ' I t A wide array of parks and recreation opportunities should be equitably distrbuted and accessible b ad ' Denton residents. Park and facility bailors well be determined In so ordance with the Parks and Recreation ,# I Stralegb Plan, 2. Parks and open spaces should be boated in or adjacent lo fbociplains,where possible, to old In foodplatn conservation efforts and to enhance recreation opportunities.Such areas may be developed with recreation Wites or set aside as open space b preserve sensitive areas. 1 The City should acquire and develop parks in combination with other public facilities b achieve cost-effective delWry of public servbes. Park property could be developed jointly with facilities such as new schools,storm water detention Basins, drainage channels, fire or police substations, or libraries, This policy should not j contradict the spatial distribution objectives determined by the Parks and Recreation Strategic Plan, 4, In order to ensure the reasonable distribution of public parks in accordance with the Strategic Plan, residential i developers should provide `, their projects land for Neighborhood parks sufficlent to meet Cie needs generated by their development,or provide an alternative strategy to satisfy this demand, & The City should be responsible for the acquisition and development of Community and Cityw{de parks. ,.r j; 36 32XIO � 1 � ` ' � I' i •� ' r t r io ' t y5 T p 1 •l r A f s' i . ,Y 1 AfidfsOx 1 r a, V111. DRAFT EURONMENTAL QU ALITY POLIGI ES � . Our quality of life begins with our environment On a gbbal bads,Americans use appmxJnratefy 25%of the world's resouces though we represent ony 396 of the world's population. The k eras ' pressure on our naturel resources threatens the balance between qu&W of life and economic growth. Recognizing a heaby We necess+iates a hawy ecosystem. Our community is committed fitted to protecting and sustaining the natural systems that form the basis of fife l Itself. Development in a community bnpads 8re environment. By minimizing ft negative Impacts of development while i dvelopm of can lobe ettak Water,a and earrtth a aA are components necessary for growth and end sustairft tits These componentsdesenre ourattention as ourcornmu*grows A holistic or multi'disaplinary approach oilers a comprehensive method Ibr plam6g. By idvh)OV ecobgkal functim and Yak*, promoting environmental awareness and &hxdbn, and supporting longdarga oomp/ehen&W natural resource plami g, our community can meet the needs of growth**!acct*pan:flzlrg our environment, 1 I Development polcies shah emphasize environmental awareness, promote the ethical use of natural resources,and encourage to preservation of the native habitat 21 Environmental protection is an Integral consideration In the development of policies concerning economic growth and community development.f 3. The development plan shah evaluate the value and function of the natural environment withln the stay area and identity areas with unique ecological significance. 4. Policies should promote the appropriate protection measures and management techniques to minimize harmful discharges directly to the environment, 5. Site•spec is poll control techniques shall be based on the environmental significance of the area and the ponuW potential of the development. 6. Environmental mitigation should be considered for development in areas of ecological significance. i 1. Development porkies shall attempt b establish the equitable distribution and use of natural resources. M 8. Denton shall take a leadership role in shaping and immplementing federal reguiations and programs for water t quality issues including stonnwater discharge and erosion control t" I 31 ?5 32x10 RIMI r r , .•fC 1- Y � r , • Y r 0 neam r : Vpl, DRAFT NEIGHBORHOODS POLICIES Neighborhoods ran be defined In many ways, but for the purposes of the Denton Plan, they are viewed as clusters of residena,.tf development that share a variety of functional and social ties. Neighborhoods form the backbone of Denton's citizenry,,these areas are where people live: Neighborhoods are expected to be safe and secure,places of quality where families thrive and children go to school and plsy. r ' i Neighborhoods face challenges as welf. Low income and minority neighborhoods need revitalization assistance. Other neighborhoods feat overwhelmed by traffic congestion and development that outstrips our ability to provide schools and other services. An Increasing body of knowledge Indicates that neighborhood subdivisions contribute to sprawl, causing city infrastructure systems to be stressed and under tifized. When services are inefficiently provided, tax dollars are not spent wfsely A recent series of national debates has also focused on the relationship between nefghbortood design and quality of fife. Current zoning trends tend to separate land uses from each other, increasing the need to travel and promoting social Isolation for the less mobile members of the community, primarily the young , the elderly, and the disabled. Subdivision practices have been found to contribute to Increased vehicle use, vehicle speeds,and thoroughfare traffic congestion. These Issues need to be discussed as Denton's future Is planned. 1. All neighborhoods shall be served by adequate Infrastructure and shall have adequate access to public and community facilibas. F- Land use policies that encourage a mix of uses should be investigated to offer a range of benefits to residents and the entire city. Standards should be developed to ensure well-designed mixed use projects for undeveloped property, including the mitigation of any potential adverse impacts on existing neighborhoods. 3 Existing neighborhoods should be protected and preserved. 4 Bicycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety and reduce vehicle use. 5: 5.Discussions should be Initialed to determine how neighborhoods can be designed to promote social contact and civic responsibility: Our mobility Impaired citizens, including the elderly, young, and disabled, must be provided affordable and timely access to stores, libraries, parks, amusements, and other facilities that promote our social well-being. 6. A forum should be developed to address neighborhood quality of life Issues, avoid competition for resources among neighborhoods and ensure that the larger community interests are not sacrificed for the Interests of a 0 single neighborhood. The City of Denton will designate a 'single point of contact' staff liaison to provide information and support to neighborhood groups r 38 � �� � Q 32x � � - v{ r e t t � I • J ' h 5 v J I 4 � i t . F 1 �IJ t L; V I ♦ A fI 1 I .1 A i I Y P O �J • r A 1 _ ' .:ww.w,wusrrmr,..wKV♦tN:dJ4N11atM rdlW.W.+d^.tIA+MP,r ....v« IX. DRAFT HOUSING POLICIES 'Housing' has different meaning to different people. Some people envision a farm with acreage, while others think of an eparfinent on IN Square. home ownership continues to be an important elernenf of Nre American Dream, Housing consfnrc w costs have made this We/much more drfffcul to achieve, and growth intensifies the cornpefft and demand for ei*firug homes. Homes that are similar to each other fend to be concentrated in one r area, a phenomenon that creates neighborhoods based on income. Devebpnnent and +ending practices are market-driven, and affordable housing consbudion is rare Because of their potentialy greater impect on infrastructure h her dens s edments and manufactured hoes need to be sited with greater care P �+9 !7re 19 AY D 1, Alternative types of housing that respond to the differing economic and Individual life-styles of Denton's citizens should be developed in an areas of the city to achieve balance and diversity. All people who work in I Denton should be able to live in Denton, I 1 Homes that vary in W size, building size, and cost may be permitted in new development. The ability to establish a reasonable price range should be governed by private market forces. 3. Existing housing stock particularly for affordable housing should be protected and preserved to avoid the loss of dwelling Y P units that are unlike, 10 be replaced. 4. Incentives should be investigated to encourage infill housing construction,especially in conjunction with low Income and minority neighborhood revitalization plans. S, Design and construction quality expectations should not be relaxed In order to meet affordable housing objectives, 6 City review and inspection fees should be reviewed to determine 9changes could be made to ease affordable home construction costs, Such an examination should be undertaken only N benefits are passed on to homebuyers. T, The need to provide a sufficient arounI of land to accommodate housing demand should be balanced by the desire to maintain compact urban patterns. I B. The range of housing types available for the specialized needs of the elderly,disabled,low Income,students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify our 1 neighborhoods. 1 A 9. Areas where higher housing densities are allowed should be supported by the avalability of employment, commercial services,public utilities and facilities,and bansR,pedestrian, and bieyede systems. 39 , 32x � [� �f. I '•r -h. 'd kll C 0 1 C 1�R J y ' r , r u�IM .acvai::: X. DRAFT ECONOMIC DIVERSIFICATION POLICIES A healthy ecommy is important to 0 cky functions, Major issues that must be addressed Lrofude fob creation, a business recruitment, business expansion, and small business formation. A number of elements meat v �I consideration, Inciuding A quality, environmental Impacts, public resource demands, and quality of mute Issues. The characteristics of the cVs worldorce—salarfes, education, A location (inside or outside of the cN, and f ' qualify of A prospects—are Important in determining strengths and weaknesses in providing a heathy business f Climate, 1. The city should encourage a strong, diversified, and self-sustaining economy, creating a wide range of 1 employment opportunities,enhancing local ownership opportunities, and expanding the tax base of N city, 2 Local business ownership and small business creation should be considered high economic diversitioation priorities 3, Consideration of site planning, urban design or neighborhood compatibility objectives will be included In the eligibility requirements for business retention, expansion,or recruitment incentives, • r. ' l a I rr . 40 1 AI 1 � , r o r V ( + a l , n Y • . .. . .,,, ..+ ., :.I ..,..._.___.. ,. .., , ....�..,. . .>_._... ..�.e+l. .�-v1wris•r'i+NtBlnr,ICdYnSaNiss YfJWx'1lNOiY'iYa4wu7:N � sida..ce s X1, DRAFT GOVERNMENT POLICIES Denton's city government is under pressure to provide better services with less money, a vhallenge posed by 1 taxpayers to many cities throughout the nation. General guidelines need to be developed that set the slandards W performance In relation to growth and new development t 1. Development regulations should be clear and understandable, operate with a minimum of administrative time and expense,and should be consistently enforced. {{ 2. Developers and Investors should be Informed of all project expectations during early planning stages, and E conditions subject to Interpretive review should be supported by carefully defined guidelines, y 3. Intergovernmental coordination should be facilitated to the maximum extent possible,regardless of jurisdiction i or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies t or duplication of effort should be eliminated, 4. The development review and decision-making processes used in Denton should guarantee full notice and equal participation opportunities for all Interested parties. City staff will maintain neutrality and provide clear, unbiased Information to facilitate community discussions. 5. City government wilt comply with the some regulations that are Imposed on private development within the community. Every effort should be made to ensare compliance on the part of school district and county I projects as well, 1 � J i, , 41 1 { ' ?. X C] $2x � a • Y�:i Y f F� '. i i w?9 0 r e f 1 , i XIh ORAH URBAN DESIGN POLICIES The city-buildings, roadways, end landscape-is the physical manifestation of its people, their values, and the community's character. Whet is built and how it Is built if is on display for everyone to see. Residents and visitors form their own impressions of Denton's image and identify based upon individual experiences, As a community, ell stakeholders influence the city's urban design qualities, Urban character is influenced by thousands of individual investment decisions made on a dairy basis by homeowners, developers, business firms, institutions, and public agencies. Many other cities have experienced significant economic benerds when urban design issues are property addressed. `Urban Design' is a term used to define how a community manages its physical and visual character Properly developed urban design policies need to acknowledge economic realities and functional necessities. Different areas in the city serve different purposes, so district-odented urban design strategies are appropriate. Practical and reasonable expectations require that urban design efforts be concentrated on the`public environment`, a term that refers to areas that are either physically accessible or visually prominent to members of the general public, We seek to maximize both public and private benerits by impro ving visual quality and perceptions of our image. 1. Visual quality objectives and a healthy business climate should rv)t be considered mutually exclushre. Any urban E design strategies adopted in Denton should demonstrate strong consideration of private property hnpacts. Urban i design concepts should be Incorporated Into private development pia,is early into the revfew process, Attention should be paid to design principles that in many cases do not Increase project costs. 2 The impact of public features such as signage,electric lines,valve boxes, Oki waste receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots,and parks should be recognized as Important factors in affecting community appearance. City government will exert a leadership role In following the principles of good urban design. 1 The city's urban design strategies should be guided by the principle that the spaces between buildings are just as important as the buildings themselves. The form of public spaces should support their intended functions, and their visual qualities should communicate the values we feel are important. 4. Concern for community appearance should be addressed in a comprehensive manner. Such an approach provides the opportunity to Integrals urban design objectives with other planning mechanisms, such as zoning, subdivision regulations,historic preservation,economic development,and environmental protection, , 5. Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility, Contrast and variety contribute strongly to visual interest and viewer perceptions of quality. If aesthetic standards are implemented by city government,strong attention should be paid to avoid regulations that promote sameness and stifle Individuality, 6. Urban design principles should be emphasized in neighborhood revitalization plans,and residents should help to determine social and cultural values that are reflected visually. inflll development should be evaluated carefully to promote compatibility with dxistimg struclures. New development can provide contrast yet . complement older structures, 0 42 32XIO _ r t �� + " 1 ° iq• Y I � 7. , �7�1 r ry , c � � r l i t' + 0 .i ' f 1 . v'�'- v+ . . . � .n.«ai.*,.rv.bay+wvwe /ryn+wiMtKekM�1[WNIpN/.r+�Tann*ckstat'w r wr.mv�+ r ! DPP splay public 7, unities to the d' of bra art and practice of to performing arts should be pra*d in a variety of public property venues,Including parks,street dphtW-way and public bul dings. f B. The unque and distinctive cultural, historical and architectural features of Denton should be Identified, restored, preserved and maintained through a h,Anership between the City and prvaW Interests, In keeping with the HistNt Preservation PIS 9. Development along major entranceways influences first imprasslons and the image of the Denton. Good urban design should be encouraged and promoted to enhance the appearance and perception of quality j along thoroughfare corridors. i 14. The City f Denton's Image Is strop Influenced b its universities, and efforts shohh!J be made to Y 9Y Y enhance their appearance whenever possible, The City should strive to enoouraos more community Interacton With the unlvero ies b I inki n9 PfY slcal access between university and VAlic property. , 11. The value of trees and landscaping should be recognized as impcxtant features thal strongly Influence the aesthetics and environmental quality of the City. This recognition of value should be reflected In all development standards. 12. The City will continue to view the Downtown as a unique and dominant area that marts special aftention. A comprehensive downtown revitalization program, based on the stratepr ,s of the Texas Urban Main Street program, will be pursued to maintain the momentum created by read t improvements. r + 7 t r j 13 215 32XIO F I' 1 ,Y 1 x 1 1 Y � I J 1 ' •x 1 ♦ y 4 ,, -�:. r"4l � v :, a ", t • A'.,i EMMiff pp u. ..l. La air . _ - .. _ .,rw urxu.na sMLMwb4�c✓Y+Pa�tl�l�.4l�YkMrhN.Y.MWfr�,�' � :.Mw XIII, DRAFT PUBLIC JMWEMENT POLICIES 11, The Denton Plan w!g require tim i, effort, and resources to become a high quality product. Technical competency, innovative approaches to chaknges, and equitable policies are Imported as plan progress unfolds. The best-laid plans for any venture, however, wig never succeed w4hout the commitment of its pentidpan's. The public ` ' invohrement procedures for N Denton Plan, must be WIDE OPEN to anyone who expresses interest In 4s s contents. ft is rd enough to say that we wig proMe opporfunfts for ag people to comment on the Plena Creative methods must be employed to W.,cg, obtain, and record sherehoider comments, Public Involvement Is critical, and Denton Pion success or failure hangs In the balam. When rrnished, the Plan should be considered DENTONI PLAN-4 must be"to everyone. i. All City of Denton stakeholders should be Invited to parWpa+e in all stages of the planning processes conducted by city government. City staff will design public involvement procedures that actively engage !, stakeholders to participate in city planning. This approach should extend beyo nd planning lento design and project-specifx; activities. Charettes, which are used lo involve groups of people in project design, and demonstration projects should be considered to obtain citizen input before major projects are Implemented or to Introduce innovative design concepts, � by 2. The public involvement process should be structured to take advantage of the opportunity to use the planning process as an educational tool. The Denton Plan Is of only limited value H members of the community do not understand Its coolants. Development concepts can be highly technical and complex, and the Plan should define and explain items that are unusual ar unique, and that may not be easily comprehended by the general public, 1 1 The use of different types of media should be explored to determine the best way to engage as many City stakeholders in the planning process as possible, Television, newspapers, newsletters, mast rigs, speaking engagements, pu blckons resource centers, and other options should be utilized as appropriate to communicate with as many stakeholders as possible. 4. The public Involvement procedures used by the City will be coordinated to avoid communications mover• saturation'. it Lrr a r 44 r , . � x10 32XIO I e , V 0 GLOSSARY OF , ERM ]QQ Year t : The one hundred year storm is a flood event which is determined to happen within a 100 year cycle. It Is I determined by use of period k:hood measurements of past storm events,actual flood tables,water lbw,and other means. Access Management Pracl'ces: The use of engineering practices which determine site distances, vehicular speed, and other methods to tabulate the maximum access pants allowable at any given section along a roadway. Curb cuts are limited so that congestion occurs primmrily off the roadway, Capital improvement Program: A program that forecasts infrastructure Improvements to the Ciy using a set timeline and financing methodology. Chareft A group design process usually utilizing the skills of design professionals, city officials, citizens, and other Interested parties. The 'Charette' Is accomplished over a predetermined time period regarding a specific land area, or a larger overall plan area as a design tool. This process is also used as a(arum for Ideas and goal setting. Detention: A method of detaining or delaying the lbw of water or run-off,and eventually releasing the water at a slower rate of flow, Another storm water contra option,called retention,captures water and creates a ponding effect I Ecosystem: The natural systems of our environment, including air quality, water quality. plant and wildlife habitats, soil stability and other systems of our habitat { Infrastructure: Public facil ties that support the City such as water mains, sewer maims, streets, sidewalks, parks, public facilities,wastewater treatment plants,storm water, electric facilities, and solid waste disposal Master P : A master plan is a loo used for planning future land use,transportation, water, sewer, parks and other city facilities. These plans allow the Chy to forecast future costs and Infrastructure needs. Some of the plans In this document Include the Parks and Recreation Strategic Plan,the Thoroughfare Master Plan and others. Multi-moda l The coordination of a varely of transportation devices, such as, vehicles, bicycles, transit, and pedestrian systems Regional Detentlore A series of large basins, publicly owned,that are designed to hold stormwater and release h slowly to avoid channel overflow or drainage system failure. Right-of An area of land for construction and maintenance of roadways,sidewalks and utilities Shareholders+Slakeholdem Interested parties or groups and organizations with a share or Interest In a property,community or city. M Riparian A tern used to describe areas or features on or nears bank of a Over,pond,or small lake. • Sustainable To maintain and support a system or lifestyle without detrimental harm or overburdening of the community of system Includes a broad-based economic p+ocsss through a system that protects end restores the quality of life for individuals, the quality of the natural environment, and broadens the prospects for future generations. The merging of economic and environmental goals is a concept of sustainable development Thoroughfare: A roadway that serves as a link between major activity centers within an urban area, • U Design pallems and details such es ercMl9ciure,massing,scale, landscape, public improvements and other 0 • elements in combination which cohesively create a design theme. �l Watershed An area of land that eventually drains to is single destination,through surface runol,a series of streams, or a drainage system. 43 a � - . �•" 1 � � CJ 32XI ❑ i 0 i I i t r � I 1 I .I .. . � .. ♦,N Metl R.lY,41'TtT�N!NISNJrI .. t'1'A.A hYRV � - � � � Denton Plan Draft MISSION Statement Denton is a unique community whose diversity gives it strength. This uniqueness is a ; point of community pride and it is the goal of the Denton Plan to Insure that growth, k development and the use of community resources es Poste r, encourage e and promote the ;r preservation of this vital quality. The proper stewardship of our community assets while managing the pressures of growth Is a balancing act that will require foresight, long range planning and a great amount of community Involvement. The Denton Plan should represent the best of our collective community aspirations and, while preparing Denton for the 21st century, should never lose sight cf the fundamental qualities on which this town was built. ! Quality, diversity, and opportunity are the keys to future success of our community. People with all kinds of different backgrounds are welcome In Denton where they can find a community that offers well-paying jobs, reasonably priced housing, good schools and convenient parks. Distinct neighborhoods with homes of all types and sizes offer a choice of I housing for everyone. The historic Downtown is the heart of Denton; the Square and surrounding streets are used every day and night as a gathering place for commerce, civic events, and entertainment. Growing numbers of downtown residents will Increase the energy level of the downtown, while cultural events in Civic Center Park attract new visitors from throughout the region, The City of Denton Is committed to Historic preservation as a means of fostering community pride and encouraging one of our strongest assets„ To grow properly, Denton must nourish Its university partnerships. The University of North Texas is a major Denton landmark. The Fry Street Area and Oak-Hickory Historic District are important physical and social links between the Downtown and UNT. Texas Woman's University is also a major contributor to Denton's distinction as a city. In years to come the UNT - Downtown - TWU corridor will continue to develop as a dynamic and lively area, essential to the well being of the city, Working with city government and the business community, the two universities are good institutional citizens of Denton and are magnets for high-tech and research-oriented development. 0 The city, county, and school district should coordinate their efforts to improve public facilities orl services. Careful planning for schools, roads, and utilities to accommodate growth is a prudent use of public resources. The Denton community Is committed to enriching the lives of Its citizens - regardless of age, Income, or ethnic background • through education, culture, recreation, and • 4 entertainment. Denton has a distinctive reputation as an arts city, and most especially a music 0 0 y, f city, Through public art, gallerles, museums, theaters and clubs: though our festivals, concerts and stage shows, Denton is known throughout the region. 32XIO F - 1 f4 1 � it i ".r `.y � �tl'' ♦ � k Y7, I f ', t T o . 7 ; •b i r +.�l�' r S !, � a. _k < i � 4 t tl , ?y " t ! 14Joi ',d 1 tic 'r` Y Y a rl ., w,�J, „�� !j x,ai � N' I �fif� �r�". n 1 i} � ,� •G• �� ' � . a% � e ( i ' a4 0 4 •'I � �, •Y� M r r� .1 I 1 f . 1 J ( �� tn� A ,r lCLsv q� 4� b1+r�Kir,i � ��4,f � t .� 1 ,�i•' � r' r � 1 Public natural areas are an essential pan of a great city. Our built environment cannot f remain healthy without properly managed land, air and water resources; as we grow these resources will become even more precious. Proper planning will allow us to capitalize on our natural assets. Lake Ray Roberts and the Elm Fork Nature Conservatory will prove to be resources of incredible value as Denton becomes more urbanized. Flood plains and creeks, when developed as greenway corridors, will serve many needs, such as flood protection, recreation, tree preservation, and habitat support. Environmental planning must take its 7 rightful place as an essential part of Denton's strategy to grow wisely. j Denton is suategically situated as a regional transportation hub by its position on 1- 35 and Its proximity to both Alliance and DFW Regional Airports. Managing and fostering this unique geographical position is a major goal of the Denton Plan as we reap the benefits of our location, Although we are a community that benefits from our various institutions, we should never lost sight of the fact that we are first a community of people: not just a coIxtion of houses, roads and buildings. Our sense of community in Denton is a delicate natural resource: a legacy from the put, which once lost cannot be regained, Therefore the primary goal of the Denton Plan should be to preserve and retain the qualities that make Denton the unique and prosperous place it is today and to help it develop into an even better city in the future. 711 words Mike Cochran tl. 1 • x 10 32X . A I i I V1 i ' I V Y { •A i I IY • C A0811de No r�4� Agenda Item ~�- Data —9 AGENDA INFORMATION SHEET I AGENDA DATE: April 7, 1998 DEPARTNIFNT: Utilities Administration ACM: Flmwd Martin, 349.8272 c �� ,SUDJECTi — -- — -- AN ORDINANCE AMii�NDING THE SCIIEDULE OF WATER RATES CONTAINED IN ORDINANCE", 97-231 FOR WATER SERVICE FOR "WHI METERED WATER FROM FIRE HYDRANT"' TO INCREASE THE DEPOSI F TO $800.00; PROVIDING AUTHORIZATION FOR WAIVO u'iiLiTiLS 1'0 REQUIRE A CONTRACT FOR THE USE OF FIRE IIYDRANT METER RLQ'JIRIN(i A SECURITY DEPOSIT, MINIMUM CHARGE FOR FAILURE TO PROVIDE SIETER FOR MONTHLY READING, AND ENFORCEMENT IF FIRE HYDRANT METER AND BACKFLOW YREVENT'lON ASSEMHLI' IS NOT RFIURNLD; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDINO FOR AN EFFECTIVI' DA'I F., ilACKGROILIND: Private contractors often need water during their construction jobs. They obtain this water by placing a deposit for a meter from the Water Utility for $680.00, and paying $3250 per month for the continuing use of the meter. Contractors can then attach the meter to the lire hydrant nearest lo the construction site, Conlractors are supposed to bring the meter into the City's Meter Shop each month to allow staff to read the meters, inspect the meters and prepare the monthly hills, Several problems with this program have arisen. Conlractors often fail to bring the meters into the shop each month. which means that staff cannot provide timely accurate billing nor can staff visually inspect the meters and bockilow prevention equipment to • ensure that they are in working order. For example, of the 29 meters in use by contractors last month, one third of the contractors failed to bring the meters in for reading. Contractors also fail to return the equipment at the end of the construction projects thereby causing the need for staff to physlcally retrieve the meter. To address these problems, stall' is proposing [hat contractors wishing to use City • equipment must deposit $800 for its ow and sign a lire hydrant muter use ngreement � p • contract. The deposil will be returned to contractors when Ihcy return the meters in good working order. 'I he $800 ligure is recomnhcnded because it represents the cost of a typical meter and backtlow prevention assembly used in this program, 'the agreement w 32x1 e a i. ill7f✓6 a , . 1. 1 0 'F 4 f , t 1� ' d 1 a 1 .i ,.J: . .?..t,-i.i ,•,.j. . ..n,... .a o..vc'�inm9M, :+.s'sb."4C5tf+. � �,'MCi.4¢ IFK"`�'af. SR[ 4 contract states that contractors will be charged for the use of 100,000 gallons of water (approximately equivalent to $287.00)each month if they do not bring the meter in for a reading. The 100,000 gallon charge would be dropped if the contractor does bring the meter in during the two week billing period. This usage rate is based upon staffs , experience with contractor's typical usage amounts, Implementation of this agreement procedure should greatly reduce the burden on staff of dealing with water service for private contractors. 1 FISCAL INSFOR_btATIOJI': r° There will be no appreciable costs to the City for the implementation of this program Respectfully submitted, : f Ji! nrdan, hector of Waler Utilities Exhibit Ordinance Exhibit 11 Fire Hydrant Mcler Use Agreement k ' 0 i 32XID f ' y11�1o1M i a 0 i 1 � ''1 max. Y� wi,/ M.AVMrY1•IYMwf+l�M••MMY�Mhv�,VYiia � .W�,� 1 ORDINANCE NO. _ AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN 1 ORDINANCE 97.237 FOR WATER SERVICE FOR"WFH METERED WATER FROM FIRE HYDRANT" TO INCREASE THE DEPOSIT TO 5800.00; PROVIDING AUTHORIZATION FOR WATER UTILITIES TO REQUIRE A CONTRACT FOR THE USE OF FIRE HYDRANT METERS REQUIRING A SECURITY DEPOSIT, MINIMUM CHARGE FOR FAILURE TO PROVIDE METER FOR MONTHLY READING, AND ENFORCEMENT IF FIRE HYDRANT METER AND BACKFLOW PREVENTION ASSEMBLY IS NOT RETURNED; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Denton Water Utilities provides fire hydrant meters for use by contractors and Water Utilities is now required to also provide a backnow prevention assembly with the fire hydrant meter; and WHEREAS, a deposit to secure the return of the fire hydrant meter is in effect but does not take into account the value of the backflow prevention assembly;and WHEREAS, contractors are failing to bring in the fire hydrant meter for reading every month as required and also are failing to return the fire hydrant meter and backnow prevention assembly as required after use; and WHEREAS, 0-e City Council finds that the deposit to secure the fire hydrant meter and backnow prevention assembly should be increased and that a contract should be provided to help secure the proper reading of water used through fire hydrants by providing a minimum monthly charge for water use and help secure the return of the fire hydrant meter and backnow prevention assembly;NOW, T1I ERE FORE, 111 F, COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That Ordinance 97.235 Schedule "WHF Metered 'Water From Fire Hydrant" concerning deposits is hereby amended to read as follows. i DEPOSIT 5800.00 per meter and backflow prevention assembly User shall place a deposit each time a City's hydrant meter and backnow prevention assembly are requested. Deposit will be retumed when meter and backnow prevention assembly are returned and final bill is paid, SEC'T10N I1: that a copy of this ordinance shall be attached to Ordinance No. 97237. SECTION 111: That save and except as amended hereby, all the sections, sentences, and clauses of Ordinance No. 91.237 shall remain in full force and effect, EXHIBIT 3 25 x, [a 32 x 1 ! ti a °>'�r > 4�, � I ?ltd � G c M c' [ ' TJ r ' S It; ♦�1i A � � u i l r i i; + ♦I R f r 1 I,. y c K:a � hi ? '1 "� !'1, i' 1 ' � I� � V��W tt ",� J � �r rb�i J 6 �� t ��'ler ,�1 rn '� ♦� t r A ". t � v. � frY ♦ir 1 p'� r' vi, 1 , 4 1 �; w y � .,,'� X11 I r. nt, , ,y. , D !x f i df III t� �� ,. � ?, t•l V� 1 4 r � t , t y • , • 1 I 1 i I 1 r Ill{ Y ' J1i • i1` ' f � f III• � h , � \ � � 1l v.".f-i+..:•+....".. °I . _.0,. ��' 1,0 SECTION iV:That Water Utilities is authorized to require a written contract in a form 1 similar to Exhibit "A" which is hereby incorporated by reference, to help secure the proper reading of the fire hydrant meter every month by authorizing a minimum charge of use at 1 00,000 gallons and to help secure the return of the fire hydrant meter and backflow prevention assembly. SECTION V; That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the_ day of i r JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY a t t BY rl APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY �yjq is BY: _ r. F , J � ICI I 11 I ' r r 1 �K'IIdOIWOLivlvrcCdepl'd.OL`OurUoeummL'Udlnmcef,41'FlnflvdnMMaur.due � ' 7. 5.E � o 32x Q . 1 L 'LI aaaisasw FIRE HYDRANT METER USE AGREEMENT This Agreerent is made between (hereinafter called the "CONTRACTOR')and the City of Denton a municipal corporation(hereinafter called the"City"). In consideration of the mutual covenants contained in this Agreement and other valuable consideration the receipt of which is acknowledged,the parties agree as follows; L On the terms and conditions set out in this Agreement or as otherwise provided here,the City agrees to let the CONTRACTOR use the fotlowing fire hydrant meter number and the backflow prevention assembly. 2, The CONTRACTOR shall use the Equipment only In the manner for which it was designed and intended and so as to subject it only to ordinary wear and tear. The CONTRACTOR shall not permit any Equipment to be used in violation of any federal, state,or municipal laws,ordinances, rules or regulations,or contrary to the provisions of this Agreement. The CONTRACTOR shall indemnify and hold the City harmless from any and all fines,forfeitures,damages or penalties resulting from violations by the CONTRACTOR. ), The term of this Agreement shall commence on , 19_,and ending when the equipment is returned in good condition excepting normal wear and teu. 4. The CONTRACTOR agrees to pay to the City on the lust of each month starting on_of 19_a fee of$32.50 a month for the possession and use of the fee hydrant meter and the backflow prevention assembly during the continuance of this Agreement. 51 No. Encumbrances. (a)Nothing shell affect the City absolute ownership of and title to the fee hydrant meter and backflow prevention assembly. The ownership and title ue reserved and retained by the City.(b)The CON'fRACrOR agrees that it will not,in any manner,suffer or permit any of the Equipment to be pledged seized,or held for any tar,debt, lien,or obligation arising be:cuse of the CONTRACTOR. (c)The CONTRACTOR will pay and discharge when due all taxes,fees, assessments and other governmental charges or levies imposed during the term of this Agreement with respect to any of the Equipment,provided that the tax,fee,assessment, charge or levy need not be paid if,and so long as, is validity shall currently be contested by appropriate proceedings. In case of the CONTRACTOR'S failure to to do,the City may recover the property and all cost of such tecovery shall be irtmtediately be due and payable from the CONTRACTOR. 6. Return of Equipment.The CONTRACTOR shall at the end of this Agreement or at the earlier expiration or other termination of this Agreement with respect to the fire hydrant meter and backflow prevention assembly,deliver the equipment in good order and repair,reasonable wear and tear excepted,free and clear of all liens,charges and encumbrances of any nature excepting only those granted by or arising through the City. • T. Indemnification Except as otherwise provided in this Agreement,the CONTRACTOR shall release fully and hold the City,Its agents and employees harmItss and will Indemnify them iMm all liabilities, including toss and legal feet,if any, including claims for damages on account of loss or damage to the property of,memben of the public,the agents,servants employees, licensees,tenants,lessees and patrons of the City,in any manner attributable to or arising out of the ownership, operation or maintenance of the Equipment,tegardleas of whether caused In whole . or in pan by the negligence of the City,ptovlded,however, that this provision shall not apply to liabilities proximately caused by acts of the City,which constitute willful and wanton negligence Q or criminal acts, S. Loss of Equipment. If any of the Equipment Is lost,stolen,of willfully or accidently destroyed, the CONTRACTOR will notify the City Immediately in writing and ase all reasonable endeavor at the CONTRACTOR'S own expense to recover the Equ parent. I I 5 EXHIBIT 11 32 X i Q gnaw= 9. The CONTRACTOR has this day deposited with the City of Denton the sum of Eight Hundred Dollars(5800 DO),the receipt whereof is hereby acknowledged by the City,u security fqr the payment of use of the fire hydrant meter and backt)ow prevention assembly,and for the faithful performance by it of all the other obligation hereunder,and for the payment of any and all Bums of money for which it may be,or become,liable hereunder, Said Bum of S_ Dollars of to much thereof as shall not be applied for the purposes aforesaid,shall be returned to the CONTRACTOR,its successors or assigns,at the expiration of this Agreement,and upon the li surrender of the fire hydrant meter and backffow prevention assembly,provided all the terms, conditions,covenants and agreements herein mentioned have been perforomed by the said CONTRACTOR,its successors and usigns. 10. The CONTRACTOR shall on or before the 3"of each month during the term of this Agreement bring the fire hydrant meter in for reading and physical inspection by the City. If the CONTRACTOR fails to do so it will agree and accept to pry the billing from the City that is equivalent to the use of 100,000 gatlom of water for that month. If within the time to pay the billing the CONTRACTOR bring the fire hydrant meter in for reading the CONTRACTOR will be billed for the actual amount of water used. The security deposit may he used against any billing that is due and outstanding at the time of the termination of this Agreement. 11, Default. (a)If,during the continuance of this Agreement one or more of the following events ("Events of Default")shall occur; W default shall be made in the payment of any payment to be made by tLe CONTRACTTR and the default shall continue for 30 days after written notice from the City to the CONTRACTOR of the default and demand that it be remedied; (ii) Default shall be made in the observance of performance of any other of the covenants, conditions and agreements on the part of the CONTRACTOR contained here and the default shall continue for 30 days after written notice from the City to the CONTRACTOR,specifying the defoult and demanding that it be remedied; then in any such case the Authority, at its option,may exercise any or all of the following rights! (iii) Proceed by appropriate court action,either at law or inequity,to enforce performance by the CONTRACTOR of this Agreement Or to recover damages for breach;or (iv) By notice in writing 1j the CONTRACTOR,terminate this Agreement,at which time all right of the CONTRACTOR to the use of the Equipment shall terminate m though this Agreement had never been nude,but the CONTRACTOR shall remain liable as provided below;and the City may then by its agents enter upon the premises of the CONTRACTOR of other premises where any of the Equipment may be located and take po+session of all or any of the Equipment and possess the Equipment tree from any right of the CONTRACTOR,or its successors or usigns,to use the Equipment Tot any purpose whatever,but the City sham', nevertheless,have a light to recover from the CONTRACTOR all amounts whiLh under the term of No Equipment Agreement may be hen due or which may have accrued to the date of the termination;or (v) Pay any expense or charges which the CONTRACTOR Is obligated to pay pursuant to this Agreement which the CONTRACTOR has foiled timely to pay. These amounts'hall then be Immediately due and payable by the CONTRACTOR to the City. (b) The remedies in this Agreement provided Ic favor of the City shall not be deemed exclusive,but shall be In addition to all other remedies in its favor existing at law of in equity, The CONTRACTOR waives any mandatory requirements of law,now or e subsequently in effect,which might limit or modify any of the remedies here,to the extent that the waiver Is permitted by law. p (c) The failure or delay of the City to exercise the rights granted it here upon any occurrence of Bny of the events set out her shall not constitute a waiver of any right upon the continuation or recurrence of those or similar events. (d) The CONTRACTOR shall promptly advise the City of all correspondence,notices, accident reports and other documents, received by the Corporation and asserting any I) 32XIO 6 ot, 8 , OA��y Assam ,r + a Apetsem i claim or demand involving or relating to tide to,or Beni upon,the Equipram and will notify the City of any claim of injury of property damage involving the Euipment during the toms of this Agreement. it, Warranty Disclaimer. THE CITY,NOT BEING THE MANUFACTURER OF THE -, EQUIPMENT NOR THE MANUFACTURER'S AGENT,MAKES NO EXPRESSED OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER { WITH RESPECT TO THE EQUIPMENT,THE AUTHORITY DISCLAIMS ALL WARRANTIES,INCLUDING BUT NOT LIMITED TO:THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE,TAE DESIGN OR CONDITION OF THE EQUIPMENT,THE WORh7NANSHIP IN THE EQUIPMENT,COMPLIANCE OF THE EQUIPMENT WITH THE RQUIREMENTS OF ANY LAW,RULE, SPECIFICATION OR CONTRACT PERTAINING TO THE EQUIPMENT PATENT INFRINGEMENT,LATENT DEFECTS,AND TITLE, The City and the CONTRACTOR shall cooperate for the purpose of obtaining the lull benefit of any manurIcnmers'warranties with respect to the Equipment. 12. Disclaimer of Liability. Neither the Mayor not any individual Council member of the City Council or its employees or agents shall be personalty liable to the CONTRACTOR in any way by reason or any clause of this Agreement. 13. Gov eming Law. This Agreement shall be construed In according with sod be governed by the Iaws of de State of Texas. 14. Notices. Any notice required or permitted by this Agreement shall be in writing and may be either delivered In person or delivered by depositing in the United States Mail,postage paid,addressed to the following' The City of Denton Contractor 215 E.McKinney Denton,Texas 76201 Printed Name Title f Address 13. Assignment. The CONTRACTOR egrets that this Agreement shall not be assigned or transferred without the prior written consent of the City and that any successor to the CONTRACTOR'S rights under this Agreement will be required to accede to all of the ! terms,conditions and requirements of this Agreement as a condition precedent to succession. 16, Amendments. The parties agree that no change orot modification to this Agreement shell be of any effect unless the change or modification is embodied In an amendment whlch is dated and is reduced to a writing executed by both parties and approved by the City. No costs or obligotions shall be incurred inconsequence of any WIt dmxmt to this I 0 f Equipment unless and until such a written amendment his been executed. I 17, Scverability, The parties agree that irony provision of this Agreement shall be held invalid for any reason,the remaining provisions shall not be afrecled If the remaining 7 32 X r P : G 1 a' e � r R � r � t � h,rr 1 Y•.: tl ° r ° �� r r �' 'w. '•t.lvl 't n r l �� s � � �'t y v 3 P h 1 t . rhl I •.. '..r � it r u 4 j r 1 / tR O I 1 Yi •1•�1 Jt r (• 1 4, n I, v f •r � AY,neafyi fl Ji rr t r 4\t .•..+v.r.r.�.w..i..'ter..+w.. '' ,� .. , . t 1 .�'. r ,. .gas u..w.r ..�.. r. _1, ..�.....G. ..�.....r.�A: 4 i t .. ., r 1.wwMa►.w�,Rrl,yw.mAw.nnwiw � x.1..,,. 1 1 � x I !II r I I 1 1 provisions may continue to conform with the purposes of this Agreement and the requirement of applicable law. ts, 18, : Headings. 'fie headings of this Agreement are for coovenience and reference only and in no way limit or descnbe the scope or intent of this Agreement SIGNED ON THIS THE day of !9_. MY OF DLNTON. CONTRACTOR: By: Name Title: t 1 r 1, f t ,J. e I. r '• V I ' •• O •• f# 1 I II 8 25 IC1 32XIO i Agefide Apenda Item n_Q�t Data emu- AGENDA INFORMATION SHEET AGENDA DATE: April 7, 1498 DEPARTMENT: Utilities—Water I ACM: Howard Martin,Assistant City Manager for Utilities4- - SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO CONTRACT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 4 BACKGROUND There are two subdivisions in the development process in southwest Denton. Both are located east of liwy 377 along Brush Creek Road. The Hills of Argyle, north of Brush Creek Road, is under construction. The entire subdivision will have approximately 150 residential lots. The other subcivision is Club creek Estates. It is located south of Brush Creek Road. It will have approximately 80 lots, mainly residential, when it is completed. This subdivision is in the final ii process. The nearest city waterline to either subdivision is located on 1%%) 377, south of Country Club Road, over 8,000 feet away (Exhibit III?. The City of Deccon is participating in ovetsizing a waterline on Hay 377 for the Bent Creek Estates subdivision, which will reduce ties distance to approximately 6,000 feet. It would cost over $300,.,U0 for the developers of the Hills of Argyle and/or Club Creek Estates to extend a twelve inch waterline from Bent Creek Estates to the two other subdivisions. Also, development decisions related to the Hills of Argyle and Club Creek Estates were made before Bent Creek Estates was developed and the waterline was extended, The Argyle Water Supply Corporation (AWSC)has existing water distribution lines in the vicinity of the two subdivisions. l hercl orc, the altemativc to extending Denton's waterline to this area at this time is to purchase wholesale treated cater from the U1'RWD and transport or wheel through A14'SC's lines to the two subdivisions. [his arrangement would continue until such time that Denton's waterline at [lent Creek Estates is extended to the area, either by the City or private dcvclopers building the line. O This contract outlines the terms for Denton to purchase 111 RWD water and to use Argyle's system O • for bringing the UTRA'D's waler to the loco subdivisions. 'The agreement presently limits Denton to purchase no more than 0.3 A[CiD. This is more than enough to serve both subdivisions when 1 y ♦ ' r .J:' 4 r ' u c f ' h r J r• n ° n e. r L n .mom 1 1, Y I ,5, r., 1'r •.n '.I l .h ^ , h e%.:�zil.a wti3.rx.... ..✓��,.w m:�.K�.+ro cv..d.e'.asx,sw.v:+e�rrwr.uas+?a.°i4�,'+fi`!'3trp°tai7L1C+ffitY1tl"rSd�?d�z�i-h"i;r'�,? m't+dY"E�r�At'�dai?'h'Y' � k�RSt J^ they are built out. The agreement provides for a master water meter to be installed so that the City of Denton can purchase the water on a wholesale basis from UTRNVD. The City will then sell this water on a retail basis to homeowners. From the perspective of the retail water customer, they will 1' receive identical water service as al I other Denton customers. r:^ ESTIMATED SCHEDULE OF PROJECT it The contract provides for water service until May 31, 2002, by which time the line extension is expected to be in place. The proposed 1999-2003 Capital Improvement Plan will include a project q to connect this area to the City of Denton water system in FY 2001. Future private developments in b this area may connect the waterlines in these two subdivisions to the Denton system sooner. The f contract's term provisions are flexible enough that the term of the contract can be shortened or i extended. 1 PRIOR ACTION/REVIEW(Council.Boards.Commission) e None. FISCAL INFORMATION The rate for treated water will be $1.433 per thousand gallons. $1.30 is for the cost of UTRWD water and $0.133 is the wheeling charge to use the Argyle Water Supply system. The estimated cost for this water is 31,200 for FY 98, LH9P A map is of the City of Denton water system and this area is attached as Exhibit 111. Respectfully submitted, Directorof Water Utilities Exhibits: 1, Ordinance 2. Pioposed Contract • 3. Water System Map of the area. 0 >/ �J 2 K rl 32x 0 1 , ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON,TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE ADDENDUM NO, 2 TO CONTRACT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City) and the Upper Trinity Regional Water District ("District') entered into a July 21, 1992 Contract for Water Treatment and Transmission Serv- ices (the "Contract') to provide for the sale of treated water by the City to the District and for transmission and delivery by the City of a limited amount of the District's treated water from a specified point to certain customers of the District;and WHEREAS,the City and the District entered into an addendum to the Contract on Feb- ruary 4, 1997 to provide for the continued purchase of treated water by the District from the City on a wholesale basis and to facilitate the provision of direct and treated water service by the Dis- trict to the Cities of Sanger and Corinth,and the Lake Cities Municipal Authority;and WHEREAS, the Contract provides in Section 7,6"Denton's Option to Purchase Interim Water"thereof that: The District hereby agrees upon reasonable notice to allow Denton to purchase interim water out of surplus treatment capacity to be considered in the future by the District and for transmission service related thereto. This option may be exercised by Denton to al- low it to defer construction of its own treatment capacity or to minimize the amount of reserve capacity constructed in connection therewith. The terms and conditions of such sale by the District to Denton shall, to the extent applicable, be the same as herein, but ... may be modified by the mutual agreement according to the conditions and circumstances then existing; and ^ WHEREAS, the City wishes to exercise its option to purchase interim water from the • District and understands that the District's ability to deliver such water to the City Is contingent upon the District entering into an agreement with the Argyle Water Supply Corporation ("AWSC")to transport such water from the District's system to the City's system; and WHEREAS, the City realizes that the District's obligation under the addendum to the 3 Contract to initiate the requested water service is also contingent upon the City completing the delivery, metering, and distribution facilities and matting them operational so that the City is • ready to receive the water;and p • WHEREAS, the City Council deems it in the public interest to approve this Second Ad- dendum to the Contract;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 3 EXHIBIT I , � [ r I t Y ��' a P 11 r� T A• la e fi b" � I 1 !' EI e•"�, , I .,`.t iy a.a I Y':'r ( I I � u r:,i 1 I11 OL A6law^ , s i I u ` i• t ..�bY R4k ili�`2NY'.$W wr••rrLW Gn.;i.e«.r n.wuwtN',n rm.w.r..u.,... .....,.:ias..o.,+t�rvti1..rw+a.�.w....:. ..4u.,�+M»i.:_. 1�. . ',r4' ', �.. { . SECTION 1. That the City Manager is hereby authorized to execute Addendum No. 2 to Contract Between tt,,, City of Denton and the Upper Trinity Regional Water District for Water u Treatment and Transmission Services, substantially in the form of the Addendum which is at- tached berete vid incorporated by reference herein IV P SECTION II. That the expenditure of funds as required in the attached Addendum No.2 is hereby authorized. t'r ' SECTION III. That this ordinance shall become effective immediately upon its passage r and approval. PASSED AND APPROVED this the day of . 1948. n : i JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY w r BY t • i dl.I M YCK I'A140FO rwpri(14w bc0�4 mwftwnpw mnlp,Edwbael wd da � I r 4 Page 2 2 5 xcl 32x0 ❑ 1 1 ' 1 , r � 1 rrparwe Ir ! • • � r } 1 ' .. .. . ...�. .. ..r . .:.. r .. .n:r., r r r'.rn'.. r•X is l•.U'ACi rf l i�.l:r-. v , 'ia±:1.Y. o , n.i1. � ., ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES { THE STATE OF TEXAS § COUNTY OF DENTON § This Addendum Me "Addendum') to an existing contract styled as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES,dated July 21, 1992,(the'•Contracfj by and between UPPER TRINITY REGIONAL WATER DISTRICT,(the"District"),s conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and CITY OF DENTON("Denton"),a municipal corporation,is made and approved as of the day of 1999(the"Date of Addendum"), WIT,NESSETH: WHEREAS, Denton and District entered into the July 21, 1992 Contract for Water Treatment and Transmission Services to provide for sale of treated water by Denton to District on an interim basis and for transmission senice related thereto;and WHEREAS,said Contract provides in Section 74 thereof that: "District hereby agrees upon reasonable notice to allow Denton to purchase interim water out of surplus treatment capacity to be constructed in future by District and for transmission service related thereto. This option may be e.cercised by Denton to allow it to defer construction of its own treatment capacity or to minimize the amount of reserve capacity E constructed in connection therewith. The terms and conditions of such sale by District to Denton shall to the extent applicable be the same as herein,but may be modified by mutual J agreement according to the conditions and circumstances then existing." 11 which provisions arc applicable for the Primary Term of the Contract; and I 5 EXHIBIT 11 { 32 X 1• � , � r ' , �•,� r,, ( � < Poi � :'1 t _', Minsionnanan 11 Y " k I A. aaauaw I . Vt MM , • f . t n, < , . ...?v+r...:h.rdl.s:: .,nATS a....c,.v..,-.. w.,.. . .._ .s..... «�.,.rv ...rc..^,.n,w rFTwlnrwi.Yd �. .M.YMar.ANm+�neu•r.�r�vmlz.Wwr � .�,...: ` ADMN"NLNAMn TMO TO CONTRA"Man"CT'OF DENTON AND 1w►OITRAPTY REGIONAL MATER UTZ"wAnK TRrATVENT A"TRAMDMMON VERMU 1 PACE WHEREAS,Denton has requested that District provide interim treated water service on A wholesale basis fi for resale to retail customers in new subdivision(s)being developed within the southwest portion of Denton (' until Denton's own transmission facilities are available in that area;and I ' ti; k4 Y WHEREAS, District c,trrentIy has adequate surplus water treatment and transmission capacity to meet Dcntan's interim requirements as requested;and i, WHEREAS,the Brea to be served in Denton is adjacent to the existing distribution system of Argyle Water Supply Corporation(AWSC)which currently receives treated water from District; and I . WHEREAS,District's ability to deliver such water to Denton is contingent upon District entering into an agreement with AWSC to transport such water through its system from District's system to Demon's system; r and WHEREAS, provisions for the Initial Period of the Contract specify how the cost of such interim water service will be determined, initially for interim service from Denton to District,but pursuant to Section 7.6 thereof, for service by District to Denton during the Primary Period;and I` WHEREAS,the delivery and metering facilities contemplateu herein,after serving their purpose for this Addendum,are expected to become part of a long-term emergency interconnection to be developed between Denton and AWSC by separate agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree to supplement the Contract with this Addendum as hereinafter set forth,to-wit: t < AGREEMENT • Section 1.0 Preamble locorporated The matters stated in the preamble hereof are true and correct and are incorporated into the body of this t Addendum as if copied in their entirety. a. 1 6 7� 3? xI R. � C7 ❑ � A I weassommom { J 1 0 1 t 1 �r r r r , ..v-n n,.�'r'wl.:ti.k.'A'.4'�°v Wlr.yu',4','um...,.wv.n•n,sa . <.....r.,.. ... ,.... r.....+n.w•N,.vVrl�.wrea+s.�.+w..w+nr...w.,w» ..w.wr✓1uvwV,•v� � .a.r.:: i n ADDENpRI MURDER M TO C0NrMCT eeT ISK a"00 DENTON 'I r' AND~TWOM R10I0NAL WATER DISTRICT AM WATER ' nwrrrNr AM TV ANEMLON aelNKO PAGE a Section 1.1 Scoot of Addendum The provisions of the Contract shall remain in full force ind effect as supplemented by this Addendum. Denton and District agree that the general provisions of the Contract for services, which were supplied initially by Denton to District, shall be applied,Pursuant to Section 7.6 of the Contract,to seen ices to be provided by District to Denton under this Addendum. Further, Denton and District agree to add the 4, provisions herein to supplement the Contrsrt with respect to purchase of interim treated water by Denton } from District and the transportation thareof, District agrees to provide interim water service to Denton in w the quantity,at the location and according to the terms specified in the Contract and this Addendum. Section 1.1 Def nitilffi! For the purposes of this Addendum,the following definition is hereby added: i "Fire Flow"means the maximum volume of water estimated by Denton that maybe needed to fight a fife in th61 portion of Denton to receive interim water service. Section 1.3 Treatment and Transmission genice For the purposes of this Addendum,wherever applicable under the circumstances,the provisions of Article 11,INITIAL PERIOD FOR WATER TREATMENT AND TRANSMISSION SERVICES,of the Contract are hereby agreed to apply to the requested services to be supplied to Denton by District during the Primary Term of the Contract; in effect, wherever applicable under the circumstances the terms, "District"and c "Denton"will be interchanged to provide a like basis for the services to be provided by District to Denton, hereunder. Section 1.6 Volume and Notice I , For the purposes of this Addendum,wherever applicable under the circumstances,the provisions of Article 111,WATER SERVICE,of the Contract are hereby agreed to apply to the services to be supplied to Denton during the Primary Tenn of the Contract,with the following t.-'ifications: a.) The Peak Day Volume requested by Denton and to be supplied by District shall be 0.30 mild; b.) Prior to"-zl Water Year,Denton may request an adjustment in the Peak Day Volume for • 7 { 2.5 x 32X ❑ Al.All y •t E '1� e4 i., �,, 1' : ,'i t ''. , 1 �,t�L r•,d r < t • 1' i �. � '' el I S f � o P V 0 a Al l r , i ti r • .+� �JA�eFW Ulw:w., 1.,,A.L4,,,u„. 1 a haft r Muaaa TWO ro CWTaXT"Tw!lMarlr os Dewox � x110 UMea 7MWW ROC Mal Waiall MTWT"WET" 111eATMMT AM rRMlal OMON aENweea PAoa consideration by District. 1 e.) Denton agrees, during each Water Year to pay District, on a take or pay basis, for it minimum water volume based upon the Peak Day Volume requesteJ w•z',cn, whichever is greater, i by Denton for each Water Year. The minimum water volume for any water yv v shall not be less than the Peak Day Volume requested b., Denton multiplied by 365 times M, 'r d.) She period for the interim service to be provided by District thall begin when specified herein and may extend through the Water Year 2002. Sectloa 13 Deltvery gad Meterlat Coadltloas For the purposes of this Addendum,the provisions of Article IV DELIVERY,LOCATION,METERING ' CONDITIONS,of the Contract are hel supplemented as follows: a.) Delivery and Metering District agrees to deliver treated water hereunder to Denton at the Delivery Point defined in Exhibit "I",attached hereto and incorporated herein by reference for all purposes,and at any other such Delivery Poir s)as maybe mutually agreed upon in writing by the Parties. The cost of acquiring, designing, installing and constructing ail water delivery and metering equipment or facilities necessary to fulfill the provisions of this Addendum,including, but not limited to,water lines to metering points,meters,meter vaults artd associated valves,shall be borne by Denton. All plans for metering facilities and pipelines related thereto shall conform to District requirements and shall be submitted to District for its written approval prior to installation, which approval will not be unreasonably withheld, These facilities shall remain the property of Denton. District shall hove access to and the right to inspect all facilities constructed and owned by Den on which pertain to, � t and are covered by this Addendum. Denton represents and covenants that it has acquired or will acquire,prior to the installation of metering equipment,the necessary easements or right"174sy upon which the metering facilities and associated appurtenances for all Delivery Points)will be placed. { r Denton shall provide,at its expense,a connection to the h WSC SCADA system to monitor the flow QA elf" K 8 -_ .-- 32 .—--- ,; — A — ---0 —? ') 1 . 6 h:)7t 1 t� ! I i r.t . . + , n. .',al. rr.a...�. +1,.+w.:r.. .., .. ,.. .i, .. M...:�r_nNrwr,,.r.Mt rr+lut.al;.'Y.a,•s=, i,""�c tie,*r.,. .., � } I ADOENDOII NHMYU TWO TO CONTRACT aeTWM CRT or KNION 'I ANC WM TMIRn'REGIONAL WATER VWrftT"WATER TREArMpr AND TRANEMODON UAYAXE EADI1 rate of the Denton meters covered by this Addendum. Such connection to AWSC's SCADA system shall be compatible with said SCADA system and of design and construction acceptable to AWSC and District. AW SC and District shall not unreasonably withhold their approval of the design and construction of this connection. b.) Maintenance and Calibration of Meters } All water furnished shall be measured by meters installed by Denton at the Delivery Point(s). Denton agrees to maintain said meter(s)and to cause repairs and adjustments to be made promptly. Denton shall test the meter(s)annually. The cost of meter repair and testing shall be borne by Denton. Upon the request of District,Denton shall test the meters)more frequently than annually;but,such additional test(s)shall be at District's expense,except when an error in metering is found to exceed 2%. If a meter is found to be in error by more than plus or minus two percent(2%),adjustments to the water bills shall be made accordingly. If either Party at any time observes an apparent error in meter registration or reading,such Party will promptly noti fy the other Party. Denton shall promptly arrange for a calibration test to be performed by an uninterested third party and joint otrservauon of any adjustment. Denton shall give District at least forty-eight (49) hours notice of the time of all tests of meters so that District may conveniently have a representative present. If, for any reason, any meters are out of service so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered during the petiod such meter(s)are out of service or out of repair shall be estimated and agreed upon by the Parties baeto upon the basis of the best data available, For such putpo es,the best data available shall be deertted • to be readings frota individual meters within the portion of Demon's system supplied with water by District with a reasonable alluwance rot leakage,Fire Flow,and fire flushing. If such data is not F available,meter readings at the Delivery Point(s)for a similar period of time estimating the quantity of water by deliveries during the preceding periods under similar conditions when the meter(s)was registering accurately shall be the best data available. sMl' 9 - �� AIr� 32X10 I�. �',� A t L � p � A , + asap i .in,�.,�l;fhu dka.fr,«�.Y.#.S.Y,:i.'idtntia«.r�+."•.- r+-«�r. n•>.w:. .. .,.. .i.r +writs.nrwMU`�+rmr.wv.wM+kwr rwr.ma:r..,«:.xaw.n.,Mna. � ..,.. s + , 1 ►DDENDW KWUR TWO TOCONTMCT a[rM"C(!1'W DWOM 1 AND IINPIR 711M"RECOM WAS"CWWT W WATEII TMTWNT MID M14SM1Ea1DN atlINCIa T EAN Under normal conditions of service,a rate-of-flow controller%till not be required to be installed at the Delivery Point(s). However, if Denton's requested Peak Day Volume is reached or exceeded under normal non-cmergency conditions on two or more consecutive days within a seven-day period, or five or more days within a consecutive thirty-day period,then, if requested by District,Denton t shall promptly install a rateofdlow controllcr(s). Denton shall bear all costs of acquiring,designing, installing,constructing and maintaining all equipment and facilities necessary for the required rate. of-flow controller(s).Such rate-of-flow controller(s)shall be set at Denton's Peak Day Volume as requested for the Delivery Poings),as provided herein,and shall be set on June I or later of each Water Year. Ilse total of all Peak Day Volume settings requested by Denton shall not exceed the authorized Peak Day Volumes provided herein. District does not warrant that sufficient volume of water will be available for Fire Flow requirements. d.) DeliveryTheck Valve Denton shall receive water from Distr:.t,eaher through an open discharge into a ground storage or elevated storage tank,or into a supply line. If delivered into a supply line,an appropriate backflow preventor check valve may,at D;strict's sole discretion,be required to be placed by Denton in the delivery line. 11"ever, if the Delivery Poini(s)indicated in Exhibit"I"are the sole source of water for the area being served, then the backflow prevention device requirement may be waived by District. If a backflow device is required under the provisions of this Section,all costs for acquiring, designing, installing, constructing and maintaining all equipment and facilities necessary for the required backflow device shall be bome by Denton. I. 4Sh hiII r t : Upon termination of services hereunder,the facilities installed or constructed by Dentin shall remain r the property of Denton,subject to a separate agmment that may be developed by Denton and AWSC for an emergency interconnection. l 0 Access t Denton shall provide continuous access to all water delivery and metering f:;;,,ties to allow District O and AWSC to read,monitor and control the meters and flow of water through such facilities. tar, 32x10 1 F 1 I l 1 1 7 n 0 t I t r lr e d; i 1 I'.Y n J 1l."T�+'.1. %iiJ�f)1 ,�♦ .n yn ., n —n ♦ . < a I Yv `:!Y"PII V`rMY!:rV-n µPY4VIt(['.Y. ^ ,ti0..istka ti.Fria..... � I1 ADINER M NUMM rwo To CONTMAR KTMFSM CrrY n DEMON AMD MArrI TrjW RfOgMM WArea t'STFKT r WAraa TarATMW Arm TPANINO MOM 6 WAM � rAOu g.) Reports and Notice After filling,Rushing and testing is completed on Denton's internal distribution system to be served 3 under this Addendum,Denton will furnish a copy of the inspection report and the bacteriological test report to District and to AWSC for their information and files. Denton agrees to provide a minimum 49-hour notice to District and AWSC to request initial opening of valve to initiate Row of water at Delivery Point. " h.) Operational Conditions After service is initiated hereunder, Denton shall continue to keep District and AWSC informed about opmting needs and conditions,including notice of any failed bacteriological test i.) MeterReadinas A larger peter than needed for regular service is being installed to allow for maximum Row. However,it is agreed that such meter will not reliably measure Iow-Row quantities of water that are typically exlected during the early stages of the development to be served. The meter should accurately measure high-Row events such as water main Rushing and emergency events. To avoid the expense of a n„feting system that would reliably measure both high and low-flow conditions, the parties agree to use an alternative procedure. For billing purposes,the District will add the quantity measured by the Delivery Point meter to the total measured by all retail meters served. Denton agrees to provide the retail meter readings to District When District is satisfied that a more accurate method of meter reading is available,the District will make the appropriate change after consultation with Denton. '1 Stedoo 1.6 Rates mad Charon For the purposes of this Addendum the provisions of Miele VII RATES AND CD{ARGFS FOR SERVICE are hereby supplemented as follows. a.) District will determine the rate applicable to service under this Addendum in a manner substantially as provided in Miele VII of the Contract. The initial rate for water service shall be S1.30 pct 1,000 gallons. Said rate may be changed from time to time by District in accordance with the Contract. 0 i 2 hr10 32XIO r � , 1 riltlA7aa♦ u a �,, � � ' - ,w . r G Nawsst. r', .:' 1 ..�... ♦ .♦ .., "i „.r - n +v 'r Ai,��,���i .v ..4nn. :2'♦Ai r:r'.'rr w- .sr � Sr. iT AOOIN"NUMM TWO TO CONTRACT aErW'etN CITY Or DENTON AND RNFER TTONrY 1160LAL WATER DWRRCT FOR WATER TREATMENT AND TRA715NUNDN EENNCeE FACIA ,' 1)J District shall notify Denton by May I of each year of its intent to change rates or ch?rgea hereunder. Denton shall have at least 60 days to review and comment on the proposed changes, prior to submission to the District Board of Directors for approval. Denton may have access to the ?, District's books and records at real,Table times upon reasonable notice to review the basis for the s; proposed changes in rates or charges. C.) Denton will reimburse District for a Transportation Service Fee equal to the corresponding 5 fee to be paid by District to AWSC for such service as provided in a separate agreement between District and AWSC. The purpose of such separate Transmission Agreement is to pr"de for transportation of District treated water through AWSC's syrtem for delivery to Denton at the Delivery Point(s)shown in Exhibit 1. f R d J Denton shall have an opportunity to review proposal changes in the Transportation Service Fee,subject to the limitations expressed in the Transmission Agreement with AWSC. r.) Water service provided under this Addendum shall utilize temporarily surplus capacity of the District's Regional Treated Water System. If Denton desires that service hereunder continue afer the District's surplus capacity has been exhausted,Denton agrees that District may discontinue service on 60-day notice or may revise rates to reflect full cost of service on a parity with other customers of District Stctloe 1.7 Ad4e1ldtlm Subiect to Agreement with ANJ'S This Adder. lurrt is contingent upon and subject to the terms of a separate agreement between District and AWSC for tra.isportation of District water through AWSC's system from District's system to Denton's system. No portion of this Addendum or action by Denton related to service provided to Denton by District 0 in accorda uce with this Addendum shall cause District to be in breach of said agreement between District and AWSC. A copy of the Transmission Agreement with AWSC is attached hereto as Exhibit 2. { Section 1.8 I81112t)on of Semite L District agrees to initiate the requested service upon the following conditions being completed: a.) Approval of an agreement between District and AWSC to transport water for District to the 0 12 �h � � 32XIO _ I r i t 1 , x 4 I t f a S, ADW11"NIMa11 TWO TO COWMACT KTWIL"CM CO OCKM" AND II/R4 M1111"A IGIONAL MTZA e,a W 104 NATO I ' ' TTIGr1ATNr AM THAW W8M a4anC0 Y. V PAN 0 Delivery Point; and i, , b.) Written notice from Denton that delivery,metering and distribution facilities are completed and operational and that Denton is ready to receive the water, ' 1 Section 1.9 Tersnimedor of Service Within the effective term of this Addendum,Denton may discontinue the scrviaa provided hereunder at any t, time upon sixty(60)days written notice to District. District may discontinue service according to the terms " s of the Contract. ' Sectioe 1.10 Term of Addeadam t This Addendum shall be effective on and from the Date of Addendum specified in the opening pangraph herein. The Addendum shall continue through midnight, May 71, 2002, unless extended by mutual agreement of the Parties. Initiation of service under this Addendum shall be in accordance With Section 1.8 hereof. 1 ' y UPPER TRINITY REGIONAL WATER DISTRICT Richard H.Hucksby Presi&n4 Board of Directors ATTEST: i, t' tr Merle LindbyYoung h )A 't Secretary,&oard of Directors NO Iliq K \ j1I 'n s r, t �. „ x ! o NXOa P d ,5•N. � r n 1 y � . r 1 Y 1 5 � r r 7 �1#' ,",.�M4.�i1f,W.i s:r r4say.rraWxfv.rw....a.rvry ....- f ...s....ww i.�Y4a�uw.rvM.wMne4Br�M+.Vnv lscvNw�.w�+wr ..� � . I� ADODWW WJIYR TM TO COMIIIACT WTWaa CM OF DWOM AWUPMII TIOWn REGIONAL WATU M MICT AOM WAM ¢ '.. Fr•. TM 7%W4 AM tR1AWWMIM KRMCea � Y PAN 11 1 {' APPROVED AS TO FORM AND LEGALITY: ' t John F.Boyle,Jr„Cowin for the Distriet + CITY OF DFNTON,TEXAS Tee Bmavides,City Messer , ATTEST: l f Jennifer Walters,City Secretary I APPROVE Q A TO FORM AND LEGALITY: OF Herb Prou ityr'AT y � A r r.1luuDttrrLD�aM a�,.I.�.caA,Y aray.t n.p Yd/nl.nl AS r, Y. C � } 1 i r f A •w I r r i I x 14 1111 Y1 1 � I,n • .r nvemrw r � . r ' "' � s ,,.:... . . .,.., ,_ .,... :. .,- , . .'n 'no c�:ny.q.Hr>.4t Ym• r. ,i.irve ; - .........., EXHIBIT 1 � _ r Jc \ J 9 PON Or Meter Location & �,�'r , t.\ o • Delivery Point , ,r j 15 7s 10 32XIO 0 EXHIBIT 2 Page 1 of 3 996 W. Main,Suite 102 P.O Drawer 305•lewwPe,TX 75067 REGIONAL WATER DISTRICT (972)2191229 Fax (972)221-9096 February 27, 1998 Mr. Randal!Davis General Manager Argyle Water Supply Corporation P.O. Box 174 Argyle, Texas 18226 Re: Temporary Water Service to Denton Dear Mr, Davis: Denton has requested that the District sell and deliver surplus treated water on an Interim basis to Denton to Support subdivision development in southwest Denton near AWSCs distribution system. A key element necessary to District providing such water to Denton Is an agreement between District and AWSC to transport District water across AWSC's system for delivery to Denton at the location shown in the attached sketch. This memorandum is to formal ze the water transportation agreement between AWSC and District. Concerning the proposed agreement with Denton to provide the requested service, District will include in the agreement appropriate provislons for design, construction and maintenance improvements necessary to deliver and meter water for Denton pertaining to this transportation agreement. such provisions will Include connecting the metering facility to AWSCs SCADA system. The amount of water to bo transported by AWSC will not exceed 300,000 gallons per day without your approval. District will provide water to AWSC for transportation to Denton by AWSC at the existing point for metering and delivery of District water to AWSC on FMcher Road. For billing purposes, Distrlct will reduce the volume basis kic calculating the monthly bill owed by AWSC to District by the volume delivered to Denton through AWSCs system during the • corresponding period and metered at the location shown on the attached slouch. This agreement shall not cause any change in the demand portion of the bill owed by AWSC to District. For operational purposes only, District will Increase the rata of flow control setting at its delivery point to AWSC to compensate for the delivery rate of District water to Denton through AWSC's system. • AWSC will bill District on a monthly basis for transportation of the volume of water O 0 delivered to Denton by District at the metering kocation shown on the attached sketch. E 16 4 it YI�MRr I r I I t . `i4LRmF Mn YU. .v .Y IY.i Mbb..a♦ A. . ..x.". ^1 n.{...ww...r va4,b '.N,I14Y'dIY�W?�N,'JIW.V11'�V�.F.IrM+WaAnrbeM+F � A ice. a J : A. EXHIBIT 2 Pig*2 of 3 I r Mr.Re-"OMr )F�tl Febnnry 27.1 �'.. Rim: T«npomry We*Swvbe b Dentin . Pop 2 I I 1-+t During the period from the effective date of this agreement through May 31, 1999,the rate �? charged District by AWSC for transportation of District water under this agreement shaft be $0.133 per thousand gallons, based on a high service pumping energy cost factor of $0,083 and a factor for other costs of$0.05 per thousand gallons. The energy portion of this transportation rate may be adjusted each water year beginning June 4, 1999, upon sbdy(60) days written notice by AWSC to District. If AWSC agrees to provide the proposed services under the terms described, please I I �.} Indicate by signing below. ly, For Argyle Water Supply Corporation 40mas a Executive Director Title eta e Approved: Richard Huckaby, President Upper Trinity Regional Water District G�ench s', i 99d , Dale ' • Attch: Sketch of Delivery Point to Denton j 17 r 32X � d f ` c f. PX e18o17�Z n � y N.T.S. a ✓I J l f � i IY i ytll t t n ` � i QYz y. �M- �J r , i Water Location & • Delivery Point • • � a ---- 7 !i x ❑ 32 x ❑ 0 f � • • v �1 I . r , 4 Yi*mom .. . 4 Y ..x rt:� v w.V • I.., .x rr AL .,...n .•�. .... .. ... r.... .....rwbTM`.an Mb IT.af r.W.•.. � � I, t F r ' N I R ST. 16' 1,1500 16 WATER LINE EXTENSI V ?ERLINE TO SERVICE BENT CREEK E T BENT 1 ESTATES A�4 THE HILLS OF ARGYLE • f ON CLUB ESTATES I 9 �- 1'repireNf Bj. I f Wall I infe"Wer Engineering EXHIBIT III 0 r� 1%Van11 QQ' Agenda No _.�1���4- Agenda item x-12 Date— L 36C AGENDA INFORMATION SHUT a; AGENDA DATE: April 7, 1998 DEPARTMENT: Parks and Recreation Department "R ACh1: Nlichoell W Jez,Arsislant City Manager or Operations ti SUBJECT: 1 A resolution allowing LULAC to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 1998, upon the conditions of obtaining booth, oblaining license and permit, providing general liability insurance, and agreeing to indemnify the City for any liability; authorizing City Manager to execute agreement for the conditions;and providing for an effective date, BACKGROUND; i The Cinco de Mayo Committee, made up of community volunteers and city staff voted to support the sell of alcohol at the event,allowing LULAC to be the sole proprietor of this product. LULAC will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. All proceeds from the sale will support the LULAC scholarship fund I he annual Cinco de Mayo Celebration event is a hispanic cultural festival,co-sponsored by the City of Denton, Parks and Recreation Department. It is held in Civic Center Park and includes a parade, local vendors, children's activilies, enterlainment and an evening dance I he free daytime event runs from 10.00 a.m. • 6.00 p:m. A dance is held in the Civic Center from 8.00 p m. • 1:00a m., where an admission price is charged, The event has experienced sig,tifcant growth in community participation through local vendors and entertainment. Last year's event hosted around 2,800 participants with 62 vendors and two entertainment stages. Due to an increase in local corporate sponsorships, the second entertainment stage will be enlarged. lhroughoul the history of this event, LULAC has always played a role in the coordination of the event, serving on the organizing committee and soliciting volunteers. They have always used this event to serve as a fundraiser for their scholarship program. 'Ibis would be the first year that alcohol will he sold al this event, phis year, one of the •r major sponsors is Ikn L. Keith, who contributed $3,500 to the event. 0 , i - 5rICJ 32X 1 b ' h a �',r 1 L b . ' +. ' • , r v raj A •J ii �`� � { ! 1 �� F s z l �� `.`J 1. .1 ' • "i'�'�' L � .'% � � � t r 1 *v 4 �,..�7 r� y f` ; ti � �' .FS d r' l k , n d' r 1. a.1 Mkq'Cili`J.,'IY ,.7F+ewo nWNW r ..n-. 1 .yam.{' • { ti r PRIOR ACTION/REVIEW(Council, Boards,Commissions) The Parks and Recreation Board approved this resolution at their March 31, 1998 meeting by a 3 to I vote. „G VSCAL INFOWHATiO\ ��of 1' This action has no impact on the City's General Fund budget. All costs and revenue from this action will be solely the responsibility of LULAC. t` EX IB TS rF 1. Letter ofrequest from LU1,AC. 2. Resolution 4 std 3. Park Board Minutes ; z I RESPECTFULLY SUBMITTED: EA Iludney, Director I irks and Recreation Del1hrtment Prepared by: r1 Eti Ji 'Yt 1j Jane im . — Superintendent of Leis Services Parks and Recreation Department 4 : , F�sharcd'dcp'pLjji1crLULAC dm ' Page 2 ; , VL 0 �. w .nn i•ter.. ' ,. y f • i'u + 6 f r vt yr!'dkw! iy i 5 S Ax r' +, ��A,e.tea,I�.,{,e".,AA&taM.44itiMr•ecaklt5Fa+w':+.u..*s:�+...iw�..,., +.,.�,..... ._ :wJw awai..�.►.<'i�a.M..+1..v�Mlla+exVw:wn.vw..s�v:iW � ....P.Gn.- .. rf NiL.d.Var • i k Denton Council +4366 March 19, 1998 i w I ai Ed Hodney i, Director of Parks and Reer.Ation 321 E. McKinney Denton, Teas 76202 Y Dear Mr. Hodney, This letter Is to request that LULAC be placed on the City Council a%Sends. for April 7a, 1998+ The purpose for this Is to request from city council a variance to serve and sell beer during he Cinco,de M 4 ayo Celebration on May 2, 1998 at Civic Center Park. Proceeds from the beer sales will go towards LULAC's scholarship fund. 1 have contacted Agent Henry from TABC and Sergeant Bums from Denton Police to inform and begin the process to obtain a ` temporary license to sell beer. Mi Casita restaurant will be sponsoring our temporay permit. Your assistance in this matter is greatly appreciated. This year's. Cinco de , Mayo celebration promises to be the biggest and most successful. LULAC is " proud to be a participant and is very appreciative of the opportunity to use the event as a scholarship fundraising event, Should you have any questions please don't hesitate to call (565.4715 or 484.1820). Sincerely, r 1 , Vicente Ramos, Ph.D. • President 1 '1 r + ELI tl r ,x R. Page .3 a+r I , ` i7 10 32 X { °,k • , rl i DRAIF I Special Call Meeting ` Parks and Recreation Board 1 4 ya March 31, 1998 tj Senior Center j I m k I 3a, Members present: Annie Burroughs,Don Edwards,Martha Garcia, and Willie Hudspeth. I I Members absent: Dalton Gregory 4 Staff present: Ed Hodney,Janet Simpson, Janie McLeod and Bob Tickner. Others present: Dr. Vincente Dr. Ramos,President of LULAC and John Cabraies,Chair of the J Cinco de Mayo Committee. Chairperson Armie Burroughs called the meeting to order at 6:45 p.m. ACTION I iEM: Consider for approval a request from LULAC to sell beer at the annual Cinco de Mayo C.16fation on May 2, 1998. I Janet Simpson reported that the Cinco de Mayo event is co-sponsored by the Parks and Recreation Department and that LULAC has played a major part on the committee and event for many years. She added that the event has grown each year. Janet said that the comrrmee was able to get Ben E. Keith as a major sponsor this year and the committee took under consideration to sell beer. The funds from the sell of beer will be used for the LULAC scholarship program. LULAC will be the sole proprietor of beer sales during the event Dr. Vincente Dr. Ramos expressed LULAC's appreciation for the supp)rt of the Cinco de Mayo Committee and thanked the Board for their efforts. Dr. Dr. Ramos discussed that the legal work has been completed with the Texas Alcoholic Beverage Commission (TBAQ. He said that Mi Casita Restaurant would be the sponsor for LULAC to sell beer and will have the liability insurance for the event, Simpson reviewed the terms of the agreement as listed in the resolution. Burroughs asked if there would be a separate agreement for the indemnity. Rodney said the requirements would be covered in the contract. Burroughs asked if beer and wine would be sold and Dr. Dr. Ramos replied that beer only would be sold. Hodney asked how much money was raised last year for the scholarships. Dr. Dr. Ramos responded that the food booth sale raised about $3004400 for the scholarship fund. This year Dr. Ramos expects the revenue to increase. O l I loney asked if this was a one-year egreement and Simpson responded yes. Dr. Ramos sail that if the sell of beer was successful, the committee will consider it again next year. Hodney said the i contract would need to be structured like the Denton Arts Festival Ilodney slated that the event is co-sponsored and that the City has not received am proceeds i from the event. If the event continues to grow, the City will expect contributioci frort the O O proceeds to be given back to the pack, as is the case with the Denton Arts Festival Page 4 i ___ 10 32XI ❑ t. i 1 Aor � I ,a, a• � •� s s r ' � r t V4'��� ( ♦ fir uJy', , ° of r s ' Y r d, 1 r a , 'I , r , , v r : 4 DRAFT r Parks and Recreation Board Muting ; March 31, 1998 j Page 2 Edwards asked if any other organizations have this type of agreement or does PARD have any guidelines as to who can sell beer in the pad,. Hodney said one event has to be cosponsored. Beyond that,no guidelines exist. Burroughs asked if the event would be open to everyone and Hodney responded that the park is open to the public. Dr. Ramos said anyone purchasing beer would have a bracelet identifying that they are 21 years of age and able to purchase beer. Hodney said the volunteers would tv,ve to go through training before they could serve alcohol: ACTION: Martha Oarcia mo%ed that LULAC be allowed to sell alcohol at the Cinco de Mayo event on May 2, 1998, in the Civic Center Parti. Don Edwards seconded the motion and it passed with a 3 to 1 vote, Burroughs, Edwards, and Garcia voted for and Willie Hudspeth voted ` against. Dalton Gregory was absent. Hudspeth voted against for the following reasonsi 1) doesn't see how beer sales are compatible with a family event does not like that Parks sponsors an event with beer; 2) activities associated with people who have beer at events are not positive; 3)concerned about 21 year old people giving beer to kids during the celebration; and 4)there are I other ways to raise money without beer sales Dr. Ramos commented that Denton Arts Festival is successful mid that Cinco de Mayo could be just as successful. Dr. Ramos said the committee wanted to try selling beet this year and if it is successful they will proceed from there. Officer Cabrales said he bad been with the committee since 1993 and there have never been any problems or arrests made that involved alcohol, Cabrales said that the public has always been able to have beer at the event,it just wasn't sold in the park. Hodney asked Cabrales h nv many police officers would be at the event. Cabrales said there were ere about 2,300 AP Ie last year and there will be between 7-9 officers at the event. Dr. , Ramos said that beer would not be sold during the dance held in the Civic Center that night. Edwards asked that the guidelines fo, the sell of alcohol be discussed at the next Park Board A meeting. • Dr, Ramos thanked the Board and Cnbrales invited everyone to attend. 3 There being no further business,the meeting was adjourned at 7,13 p.m. \ Page 5 > 2.5 32 X I a .0 A s x x s • .r s , Ij II aRIfJY , i s ', , 0 i e Oro" i I RESOLUTION N0. A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 2, 1998, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS,the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, 412.32(b); WHEREAS,LULAC has been a major participant in this event and has used this event to a fund raiser for its scholarship program; and WHEREAS, LULAC has requested that they be sole participant allowed to sell alcoholic leverages at this year's Cinco De Mayo Celebration on May 2, 1998; and WHEREAS, the Parks and Recreation Board has recommended that LULAC be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration;and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That LULAC shall be 1•"e sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 2, 1998 at the Civic Center Park upon the " following conditions; • 1 1. That they shall be responsible for rental of any booth space necessary; 2. That they be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; . 3. That they provide the security necessary for the sale of alcoholic beverages; • • 4. That they provide general comprehensive liability insurance from a 'fyP' responsible carrier, with the City as an additional insured, in the amount of$500,000.00. � 25 K �7 32X . pl d1 � , { s• tl:fnl 4 a e �' b '�} �' P, ! . .1 n 1 � 1 y �'A o , 1 !r r 1 ,f f 1 I • i 1 1 a 4..j.�i.'.e'6.�}k l'4�b...'an�V f�'FU'fa+rn'w.r ow....w».. �.,w...... �.....+...�s.�.. .».swwruxrwYrl...ta� ..rib+wain►w.a.v.Iw�.Ww°.. � � y r { u. Agrees to indemnify the City of Denton against any liability !; incident to the selling of alcoholic beverages at the Cinw De Mayo �x Celebration. SECTION 11. That the City Manager is authorized to execute the agreement attached as Exhibit "A" and incorporated herein as if copied word for word, setting out the conditions set V forth above without further action by the City Council. SECTION 111. That this resolution shall become effective immediately upon its passage and approval P.tSSED AND APPROVED this the day of . 1998. I s JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY d BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY ` I ,I, BY: 1 I ' A I ' 1 ' 1 F.\SWFD1DEPPLGt0A Doeommd'PAW1U6Q491MIneo De Mayo SCVMS AkoAol dN , r 10k'f 39 {r L. 'f e �p d 1 CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § COUNTY OF DENOTN § This Agreement, made this day of , 1998, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and LULAC a non profit corporation, WITNESSETIi, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL no City grants to LULAC the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May 2, 1998 to be held at the Civic Center Park. Attached hereto is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege and is attached as Exhibit "A"and is incorporated herein as if copied %ord for work. This privilege does not extend beyond the date of the Cinco De Mayo celebration set for the year 1998. ARTICLE 11 SCOPE OF SERVICES LULAC in order to exercise the privilege to sell alcoholic beverages must perform the following: A. LULAC shall be solely responsible for the rental and payment for any booth space „ necessary for the sale of alcoholic beverages at the Cinco De Mayo Celebration. • B. LULAC shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. i C. LULAC shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Cinco De Mayo Celebration. LULAC's failure to do any of the above and to show proper proof of compliance shall 0 Waive their right to exercise the privilege of selling alcoholic beverages at the Cinco De Mayo Celebration. 32XI0 Ina IMCN WN 1 t . .. . ., ... ,.n,; ,.._;, ...• .r,, .<C r:,7 a �`?':'.il . ;t'G , � ._ ARTICLE 111 LOCAL RULES AND REGULATION LULAC agrees to abide by all municipal,county, state and federal laws,ordinances,rules and regula';nns and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duty authorized person acting in connection therewith. LULAC shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. LULAC will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE IV INDEMNITY AGREEMENT LULAC SHALL indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to,court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of LULAC or it officers, shareholders, agents,or employees in the execution,operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE V INSURANCE During the performance of the Agreement, LULAC shall maintain the following insurance with an insurance company licensed to do business in the Slate of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A•or above: A, Comprehensive General Liability Insurance with bodily injury limits of not less than 5500,000 for each occurrence and not less than 5500,000 in the aggregate, and with I property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. O B. LULAC shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional 1 insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and LULAC. In such event, Cinco De Mayo Cetebution Agreement-Page 2 --- - ! a 32 X I O araaarar. c LULAC shall, prior to the effective date of the change or cancellation, serve substitute policies famishing the same coverage. ARTICLE VI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three(3)days' mailing: To LULAC: To CITY: LULAC: CITY OF DENTON: _ Ted Benevides,City Manager 215 E• McKinney Denton,Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice Is given,or within three(3)days' mailing. ARTICLE VII ENTIRE AGREEMENT This Agreement, consisting of_ pages and exhibits, 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 agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject mailer hereof AH11CLE VIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent 0 jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall refotm this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE DISCRIMINATION PROHIBITED +' In performing the sen ices required hereunder, LULAC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Cinco De Maya Celebration Agreement—Page 3 -«}'yr r� a 32 X I O ,`4 i e i ^. .•7 10 ri i ;rsua , t It I I l ,.. . .4E:. a •i:. ,'r Yv' idh,h?� 5'„T"J(:�•.n q ,"tn a;rr.lY "duio � e. ' J ARTICLE X PERSONNEL " A. LULAC represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of,or have any contractual relations with the CITY, ARTICLE XI ASSIGNABILITY LULAC shall not assign any interest in this Agreement,aid shall not transfer any interest in this Agreement (whether by assignment, novation, or otheru ise) without the prior written consent of the CITY. ARTICLE XIl MODIFICATION No waiver or modification of this Agreement or of any covenant, condition,or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XIiI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A"Resolution No. _ B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton • County, Texas. This Agreement shall be construed in accordance with the laws of the Slate of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any j way affect the substantive terms or conditions of this Agreement. • IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be • executed by its duly authorized City Manager, and LULAC has executed this Agreement through its duly authorized undersigned officer on Ibis the day of ' 1998. Cinto th htsyo Celebration Agrxmenl-Page 1 75 ! a 32xIL7 yt i 1 � ,� 1, 4 t '1 r 1� 1� Y ti �� � 'nr J ♦� J t rp� �" 1 ♦� f 1 1 •� 1 • { nl t t '� v c . t ' 4 1 �� 1 'i.l t (. Iv r� ♦lip ) , *' « v , I 1 1 1 1 ♦ 1 . ,.,;f.�. .« � u � 4.,.Ymx�.w, �. ,. w ,.,.,.. r« In n:r.o,n: ♦..YJtlbH.IfTU r+•hPRiSru`�1fM+y ,Hlv'M.,v{pc♦tr,�u,^n«. � ...F•,i .� t v CITY OF DENTON,TEXAS I , TED BENAVIDES,CITY MANAGER ATTEST: t JENNIFER WALTERS,CITY SECRETARY a BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: / l LULAC: BY: Name � t Title WITNESS: BY: F.kjhueddcrdtGL`.Our N Mor Cnntroo dot Cinco De Meyo Cckbrelion Agreement-Pigc 3 10 32XIO r ; , Y , 1 VI . 0 .I a f 1 , Iwweus ..v. ....\:. r >,. ,. ...a.. tis,a. .. ;.r ..a,• :. v^.N"..M.S !, k�v"�.'!r L^.AY+i.JiF�1F;2' 7'."'Jf"SIP'.tA'.'M�.J!?^'.Cvi".1'�'aYl„!k9Mrlr � n,.v ' QQ izApanda No.__.7�.-. ,- Agenda Item 2' Date - AGENDA INFORMATION SIIEET ` -"' AGENDADATE: April 7. 1998 DEPARTMENT: Human Resources r ACM: Mike fez, 349.7923 w SUBJECT Consider approval of a resolution of the City of Denton, Texas adopting city policies for employee development through developmental tracking for city employees; and declaring an effective date, BACKGROUND The City of Denton wishes to provide employee development opportunities by placing individuals in authorized,va(ant positions in cases where the hiring authority desires to promote from within,or where recruilmcnt efforts initially fail to produce a qualified candidate. This policy provides an avenue for providing these opportunities by having a specific plan established for an employee to follow until he or she meets the qualifications that may be lacking to hold a specific Job. An employee hired under a developmental tracking plan would be placed at a pay rate below the minimum salary for the position filled and will not be eligible for performance increases. When the plan is completed, the salary would be adjusted. If the employee fails to complete the plan, the tracking agreement and/or employment status will be terminated. At this lime,the employee must seek other employment options including transfers,demotions and other internal or external job opportunities, PRIOR ACTION/REVIEW(Council.Boards,Commissionsf . .' The Management Team has reviewed the draft policy and their input has been considered in the ` revisions. j fIFCAL.INFORMATION i It is anticipated there will be no additional cost for the adoption of this policy because the money t is already budgeted for authorized positions. w'. r 1 i r 7ti x � ❑ 32 10 rq T 1 ".,.9 a • I 1 .1 r . I 1 1 ..� J r, i r Id 2 ^r n. I t 1 ,!r ` r � 1 � aR nor ' JI i{. • yr 1 .+..�.`.wr'ad L,r3 d�3 Wn,..� ,.,. . .. IKS rv.a ..., .r,.,....a.�,w..taa.ra.nr.�a,s.r»hM�YLLY6I t' .. tlPnkASrctiw3k4rap•Mn+r wwlr a+. � { J� r �f R ectfully submit t !ez ss tant City Manager of Operatio s 1 Prepared by: Paulette Owens-Holmes Director of Human Resources ,bar j z • Sr t r j r 2 , l t 32X t i I O i retw CITY OF DENTON PAGE—LOFT POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER; 104.07 SUBIECT: EMPLOYEE DEVELOPMENT INITIAL EFFECTIVE DATE: 02!01198 TITLE DEVELOPMENTAL TRACKING LAST REVISION DATE: POLICY STATEMENT: It is the policy of the City of Denton to provide employee development opportunities by placing individuals in authorized, vacant positions in cases where the hiring authority desires to promote from within or where recruitment efforts initially fail to produce a qualified candidate. This provision shall not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or as establishing a "Just cause" disciplinbry or termination standard. ADMINISTRATIVE PROCEDURES: 1. To be considered for employment under a developmental tracking plan, an individual must be within 18 months of acquiring the knowledge, skills, abilities, education and/or expesience necessary to meet the minimum qualifications of the position. If. I tiring under the conditions of a developmental tracking plan is Initiated by the hiring authority, with prior approval from the department director, by submitting a request form to the Human Resources Department. [11. Upon plan approval, a developmental tracking agreement must be completed by the hiring authority and the employee prior to hire date. IV. The developmental tracking agreement Is an agreement between the hiring authority and the • employee which includes conditions the employee must meet to successfully complete the developmental tracking plan. The agreement conditions include but are not limited to the following: 1. A. Developmental[racking agreements must not exceed 18 months. O B. Developmental tracking agreements must Include a plan completion date and specific dates +j for progress reviews. C. Developmental tracking agreements must include specific knowledge, skills, abilities, education and/or experience requirementsto be completed by the plan's ending data IIR/POLICY ;04 07 1 I � � ,., „ 7 � 32x � .+ •I Y � 1 t s, z e�0 0%nb!r'4t r y PACE,LOF1 POLICY/ADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE (Continued) - S �TITL°E: DEVELOPMENTAL TRACKING REFERENCE NUMBER; 104.01 �o II V, An employee hired under the conditions of a developmental tracking plan will be placed in the pay rate below the minimum salary for the position filled and will not be eligible for r; performance increases. An employee's beginning salary may be adjusted based on the employee's salary history. The employee will receive a salary increase, and the employee will Sw be eligible for performance increases upon successful plan completion. K, Vl. Should the employee fail to complete the developmental tracking plan by the established t completion date, the tracking agreement and/or employment status will be terminated. At this lime,the employee must seek other employment options including tratufers,demo,;ons and other r. Internallexternaljob opportunities. VII. Any extension of the level of the developmental tracking agreement must be approved by the City Manager and the Director of Human Resources prior to the completion date. An extension may be granted up to six (6) months for an employee who is unable to complete his/her agreement within the established time due to unforeseeable or unique circumstances. Extension considerations will be approved or denied on a case by case basis. i ' r , r S ti j )r1 4 nRrroucnta or i 32x � C s - f , d f i ! ,,!l 5 1 • 7 �' � f � y i� f , C t f 1 � � i ti nfi r , y +YD,m9D I , e` .4n�L uM dxw.,..a. h.r..e.ry..w ..w. •^•.b ...r., ._ , ...a..Mn4 wA'.�.^�'N.M'4,rrW4A .er nYn4.Midr:a.e�r,NWlsxr.•.,.......,. .. .. ...._ , f F RESOLUTION NO. : A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CITY POLICIES FOR EMPLOYEE DEVELOPMENT THROUGH DEVELOPMENTAL TRACKING FOR CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 'y WHEREAS, The City of Denton, Texas desires to make every effort to fill job vacancies + by in-house advancement and encourage employee development; and WHEREAS,developmental tracking will create opportunities for city employees who are r, within IS months of acquiring the knowledge, skills, abihries, education and/or experience ei necessary to meet the minimum qualifications of vacant authorized positions in cases where the sT j hiring authority desires to promote from within or where recruitment efforts initially fail to produce a qualified candidate;and WHEREAS,the Director of the Human Resources Department for the City of Denton has presented a policy regarding employee rules and regulations concerning employee development through developmental tracking of employees; and I WHEREAS, the City coun(il, desires to adopt such policy as an official policy regarding employment with the City;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 104.07 "Developmental Tracking"of the Petwnnel Policies and Procedures Manuel of the City of Denton, attached hereto and incorporated by , reference herein, is hereby adopted and approved as official policy of the City of Denton,Texas. SECTION 11. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. . , SECTION Ill. That his resolution shall become effective immediately upon its passage 1 and approval PASSED AND APPROVED this the day of _ 1498 A , , JACK MILLER, MAYOR JVr " 2c) x10 32x O Jai • s y a �1� 1 z 1 o •� ri (. .t n' �P ;j • � 1 a � t f � Y •�li 1 y i r r. r r.r r r•• ,' I 1 1 r r 1,.' 01 �: ''i tai .I 1. • �r� � {� r � �J,'. t t 1 F ��� �- �f,.lfy4.4(L{tk'HK W✓u..�,.'.. n rl�rrw..:.rnNrwnl+4r nrr... ..a�.. —I....r.ifW�.tiw�alAVyrr.nwY�Ait rwY� .NtiFlf#4MrtMe'�rWin+r�+—n. .L.it. 1 ,� 1 r � ]r ' ATTEST: JENNIFER WALTERS,CITY SECRETARY }� BY: _ APPROVED AS TO LEGAL FORM: ji HERBERT L. PROUTY, CITY AT �i it 1 "r ' fir Y 1 i � Y " Y 4 t ,1 I , 1 1, I I 1 i r,n rLL�J •� � !`.Psr t I 1 1 1; t } y art Ir 4 Yk 1 rl 'M 11'161.'NOLi'uherl4letn' OL"Our DxummL ftukinipniky dnr f I 1' a,'.Y✓ ' HY�. .x � I. , 2�i ' l ❑ � : ' 32xII '7 � ';.� 1. 4. � '�d',•', _ � w�, „ ;h 2 , �, � i r i { r - .y r , .. E".,. ..,... , ........., w� .,. • "A,.,a+n:� exl.t'..f1� Y.YYNI,VI.ra7i'61t°C'Pl'+'^NMYrL;,r`"a}C.a:'n�Ap.awvt..�A �....... i INFORMATION SHEET Agsn6a Na. AGENDA Agenda It AGENDA DATE: April 7, 1998 Date r DEPARTMENT: City Manager's OMce , CM/DCM/ACM: Rick Svehla,Deputy City Manager I SUBJECT— Receive a report,hold a discussion and consider recommendations from the Oversight Committee. BACKGROUND- The Oversight Committee met on March 25ei to consider three drainage recommendations and two street recommendations. The drainage projects included Carroll and Crescent, Linden Street and additions to PEC•41 Pecan Creek (404 permitting). The two street projects were a connection between Lillian Millerfreasley Lane and the 1.35 frontage road and 1.354,00p 288- ramp modification. ESTIMATED SCHEDULE OF PROJECT All of these projects would occur over the next one to two years PRIOR ACTIONIREVIEW(Council Boards Commisslonsl The Oversight Committee made these recommendations unanimously. FISCAL INFORMATION Funding for these projects would come from unused street bonds for the Mash Branch road improvements (the FAA has indicated that this project will not be ready this year)and from a reimbursement resolution. Ultimately funding for these projects would come from , \ miscellaneous street or drainage bond funds. BID lNFQRMATJ0 N NIA E EXHIBITS Backup memo,backup materials from the Oversight Committee(March 19 and December 17) ' and draft minutes from the Oversight Committee(March 25). Res pe submitted: • • 106— A ick Svc la De ut City Mane I P Y Y er g rI 75X10. j2 X „ y earnaa , . { emranvs . , , , .,.... .,. +f.wrm:.rw^..J-..nrr.I;. J., , vi•:',✓.Jn,•.v-a«s” w-,.�,.,... I E CITY OF DENTON, TEXAS 213 E McKlnrnv StreeL Denton•Taxaf?6Qj1 19101,14 Q�- Office or the City Manager MEMORANDUM DATE: April 3, 1998 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: OVERSIGH F COMMITTEE RECOMMENDATIONS On March 251h the :oversight Committee met to discuss several projects. The projects fell into two categories: drainage and streets: I've attached a copy of the backup and the draft minutes from the meeting. There were three drainage projects that the Committee recommended to you. The first of these is a change in the project called the CarrolUCrescent project. Initially, we had Intended to enlarge the crossing of north Pecan Creek at Carroll Boulevard and at Crescent Street. After some initial study, staff recommended that the money could be spent more efficiently at the crossings on Crescent Street and on a crossing further to the south at Congress. The second project is a joint project with the school district on Linden Street. Council may remember that you just recently abandoned Linden. This project would be a joint pipeline from Fulton and Linden east along the abandoned part of the street to the existing channel: Th9 third project Is for some additional funding to help us secure 404 permits on the main channel of Pecan Street from Woodrow Lane to Sycamore. The Council may recall that the Corps just recently changed the rules • necessitating further permitting requirements. The two road projects are also joint projects. The first of these is a joint developer/city i ; project. It would extend Windriver Boulevard from a point near Teasley and Lillian Miller to the 1-35E frontage road. That will help to relieve traffic at the 1.3%oop 288 Intersection for anyone using Southridge Center. The second project would also be • connected to the 1-35/Loop 288 intersection. This would allocate funding to help us do • • the environmental assessment and to begin the schematic designs or ramp changes near Loop 288. This project will have to be done in conjunction with TXDOT and COG. 1 ot 10 32 X "�mdr�fo(�u.ijdy .C+ric r" 1 r 1 ' 4 y t , Z S y Memo to Mayor and Council Members April 3, 1998 Page 2 ,II u The funding for the road projects would come from the bonds that will be sold for the f Masch Branch Road project out near the Airport, This project will be used as our 10% r i match to the FAA extension of the runway. FAA has advised the airport staff that they won't be ready for this project for at feast one year. So staff recommended that we use this money now and then replace it with miscellaneous street funds from next years sale. The Oversight Committee agreed and makes that recommendation to you. The drainage projects were also recommended to be financed from miscellaneous drainage bond money from next year's bond sale. However, in this case we don't have any extra drainage bond funds available now. Therefore, we must do a reimbursement resolution in order to fund these Improvements now. Again, the Oversight Committee recommended these projects and the financing mechanisms. The Finance Department has submitted the resolution on this some agenda. As you can see from the minutes, the Oversight Committee unanimously recommended all of the projects to you. They felt that each of them makes the money go further and i helps us to build Improvements that will eliminate hazards and congestion. If any of you have questions, please call me at your convenience. _y�� Rick Sveh7la' , Deputy City Manager RS:of Attachments CC April 3 Ove*ght Recommendetws 0 4 t � 1 I c I CITY OF DENTONe TEXAS 21!E McKinney StreaL Denton-S01Gas 10201 1140LI 0. O? OMea or the City Manage MEMORANDUM DATE March 19, 1998 T0: Oversight Committee FROM: Rick Svehla, Deputy City Manager SUBJECT: BACKUP MATERIALS FOR THE AGENDA First thing on your agenda is a happy thing and a sad thing. Staff has taken the liberty of doing a resolution for your consideration for Brent. Kathy Brooks of our staff has done an excellent job of running down the odds and ends and putting together this resolution and a plaque for Brent. We would like the Committee to approve the resolution so that we can send it on to Brent, i Now to the more nitty gritty items. From your last meeting, we briefed you on the bridges on Carroll at Crescent and then the bridge on Crescent. Jesse has looked at this project and in our previous discussions felt comfortable with recommending this project rather than the old description that was In the CIP and so we would recommend that to you The next four issues are new Issues. We have been able to visit with Jesse, Terry and Joe about these projects. The need for the projects and the urgency to move ahead has caused us to put these on as consideration and action items. r . The first of these (action item A3) is what we are calling Sadie Road. Attached is a portion of our thoroughfare plan and you can see that there Is a road that runs east from the intersection of Lillian Miller and Teasley to the frontage road of I.35E. This area is rapidly being developed. In fact, within the last month developers have made contact with Jerry to talk about beginning to develop the last tract between the Wind River Estates subdivisions and the freeway (the Sadie tract). Jerry immediately saw the value of extending this road to the freeway. Since the developer wants to work in phases, what we are suggesting to you Is that we join with the developer to make the connection p between Teasley and Lillian Miller and the freeway happen much faster. This will enable us to relieve trek at 1-35 and 288. Right now most of you are aware that people going to Albertson's and the stofes in the southwest quadrant of 35 and 288 have to come back out onto Lillian Miller to get anywhere south on Lillian Miller. Otherwise, the other choice is to go across 35, back up the frontage road to Teasley and then come back toward Southridge, Forre9lridge, Montecito and all the other fv l> K MMMM��,NMAXMANNKMN 0 VROWN Memo to Oversight Committee March 20, 1998 Page 2 development in that area. This new road will allow people to come out of that shopping center and turn right on the frontage road, and then right again on `Badie Road", back to Southridge, Montecilo, Forrestridge or any of the other developments. Thus, eliminating a portion of the congestion for people going to the Albertson's and other shops in that shopping center. In order to do this, Jerry and his group have estimated that the total road project as being about $400,000. Our pitch to the developers has been a shared cost Idea (i.e., we would contribute $200,000 to build this project). We would recommend that to you. i Action item #4 is to seek funding for an environmental assessment and schematic design for ramps near the Intersection at 1-35 and Loop 288 and U.S. 77 (Dallas Dr). Recently, we were able to convince NCTCOG and TXDOT to look at a major investment study of this intersection. Thi study would change a number of the ramps that are near this intersection, What that would do for us Is to eliminate some of the through traffic In this intersection, carry it on the freeway and then allow it to exist on various ramps that are more appropriate. What we want to do In this project is help keep this project moving. Ultimately all of the construction for this will be funded by TXDOT; however, In order to keep it moving faster, we would like to commission the environmental assessment and schematic design that is needed for this kind of project. We are estimating the cost of that to be approximately $50-100,000. Again, we would recommend that we do this In order to move the project ahead and make it come to fruition sooner. We would propose to fund these two projects with money that we will be selling within the next couple of weeks. All of you may remember that in this year's bond sale we have about one million dollars slated for a bypass road out near the airport, Our intent on this road has always been to use it as our matching funds for the extension to the runway at the airport. The airport staff and the FAA have advised us that they are not ready to commit to the extension project yet. So we will have $1.1 million of street funds that would be available to be used. What we would also recommend to you is that we earmark this some amount of money ($250-300,000) in the miscellaneous street money in next year's bond sale to be used to repay these funds. Thus, we will continue to meet all of the obligations of the original election, but be able to move forward on these two projects. The last two action items are projects that we wanted to talk to you about are drainage projects The first of these is a joint project with the school district. It tq called the Linden Street drainage project. With the Improvements that the District Is making to the Bronco Field Athletic Field complex, new drainage facilities will have to be built. That pipe will run from the channel on the east end of Linden near Alice back to the west to the Fulton intersection and a little beyond it. The project as originally designed by the 0 District was going to be just for drainage needs of the district. However, in that cams area, the city has also some drainage area that could be serviced by this pipeline. What we are suggesting to the Oversight Committee is that we jointly build this project, share appropriate costs and build one pipe system, one time Our costs in this project would be approximately $90,000. We would recommend it to you since we will be able to gain 5 J " J eseeoe 1-.� 1 I a • Il / J � 1 / wt ' rE , _ r r r , r V. . ., aa. ,. . ....., „_....,. .,..:,..r uM w. . . ., .. ....,., r-.%rrw..uU're aY'R.�r:.1''t:YQaMK4Pth9•+..+.F'�'IL!KfFl1Nk'dY1R!it7.FMNti.•IFA4+e'.+.'n.lrtA r s.m viw / � 1 Memo to Oversight Committee March 20, 1998 Page 3 economies of scale and do the project one time rather than coming back at a later time and running a parallel line and tearing up some of the proposed Improvements. t ` The second project Is to seek some additional funding for PEC4, or the Robertson Street channel. We thought we were moving very well with the Corps of Engineers on permitting requirements for this project. Unfortunately, the feds have changed rules on requirements on some of the channel work. In particular, work on the main channel now has to be permitted In a different way than originally expected. What that means is rs that there will be other entities scrutinizing our permit. Entities such as Texas Parke 8 Wildlife, E.P.A., and the TNRCC will be looking at the project, What It means for us Is that we will have to hire some additional expertise to get the information into our permits and to meet with us and Corps, TNRCC, Texas Parks & Wildlife and the EPA We think it is Imperative that we do this since we want to be able to do this work during this summer construction season. We expect this cost to be about $20,000 and we would like your approval to move forward with this recommendation also. The funding for both the Linden Street project and this additional funding for the 404 permits would have to come from the miscellaneous drainage money in next year's program, There Is approximately $375,000 in that program for next year. These two projects together would create a need of approximately$110,000. That would stilt leave $265,000 for projects to choose next year. We would have to handle this funding a little bit different than the previous street projects simply because we have not sold any extra money, or wilt not sell in extra money In this upcoming sale, So what we would have to do Is do what is called a reimbursement resolution that would allow us to fund these projects this year from operating or other funds that are available and then reimburse them with bond monies from the miscellaneous drainage bonds next year. That would limit some of our projects next year. But again, the value of these two projects is very good and we would recommend them to you. We look forward to the meeting next week. If we can answer any questions prior to that, give us a call. ' f Sincerely, y Rick Svehla a; l Deputy City Manager r f '�• Y � • t, S Attachments { - 1 1 Me ch 25'"Oversight Commiltee Meeting Bsckup J( t �: � V, 10 r 32XIO Lr �. � �, r Lr Lr Lr t,r iL Lr F Lr Y \ i a e � f e i 0 > nevssee r . .._....-... .,,.w...n...... .,._._..� _..--.._...,.......».�.nww.u.....w.. ..w+t nVW�V'1•.AAYCILYF'1':'Mtq'1'l7 � 1^�Nc` _,, NAL � N sea e � 1_�L•,JI \ $405 l + T e e - - I l.Jl- I I >.h 1 L f 0�� I id I • z f Awl Lr. .--„ ( ! '�I A-2 r -' 25x00 32XIFJ i r v - # \, 0 l 4 U i � I 4 I 1 , • I � r i i I f l d V.. AMONA soe 1 eae , ❑ eW hoe � SYCAMORE 04 eoo I � I `ee eb PRAIRIE -• �� r { ` ❑ ee 1 10 eao op i / a ' eee�' .� eke j _\ �e / °pr e u .� � r 1 WILSON v r� ere ! nr a+r \ \ � f A17 i SfTE MAP MAPSCALE V 300 FT. ENGINEERING•TRANSPORWIGN DEPT, 25 r 10 32xid, 1 C r � • t / r 0 ; f r CITY OF DENTON) TEXAS r i w�w3 spa `' f ►r' C 1 T) f T 7R�0 T 01T Ice of the City Manager r � I, MEMORANDUM i DATE': December 17, 1997 r � i TO: Oversight Committee Members FROM: Rick Svehla, Deputy City Manager SUBJECT: BACKUP FOR JANUARY 5th MEETING This agenda should be pretty straightforward for you. We have a number of action items that you've considered at your last meeting. Included in your backup is a memo from Jerry that is very similar to the memo you got last timer lie has made recommendations on miscellaneous streets, signals and sidewalks. lie and Jill have suggested drainage projects to you also Ed will be back to talk to you again about park and recreation recommendations. As you can see from his memo,he is still suggesting Option A where we build the ball fields this next year. Also, in Ed's packet is a copy of the Youth Sports agreement., specifically you will note the sections that Ed has talked about In response to us getting more information on the activities and field usage. We think that will go along way to help you with future projects. One small change in all of these action items. There is a change in the number for the Lakeview Boulevard right-of-way. 'there were some survey modifications and corrections that make the project about 1,000 feet longer. At $10.00 a foot that would make the cost of the project somewhere around 5110.000 versus the $160,000 we talked about earlier. However. DISO has asked the City to close a portion of Linden Street. which was in the miscellaneous street program. The cost and savings of these two projects will balance out, Therefore, the miscellaneous street program remains virtually r,„r„,I�.,rt,�p.l ,,r •...r,. i - ----- - � 5S1a 32X1 ❑ r : FI 1 +M 1 Y , 1 O S Il 1 lw ` , 3K !.k .r i r i,n.w�n4N9ti'YY1�.4M . '• Memo to Oversight Committee ` December 17, 1991 Page 2 r Under the consideration topics, we wanted to talk to you about the Carroll/Crescent 'r project. in the beginning of the CIP, we thought we would be Improving the culverts under Carroll Boulevard near Crescent. Since that time, Teague, Nall and Perkins was hired to do the study on the channel in this area. They found there is more of a problem at the Congress Street crossing. In Teague, Nall and Perkins' study, they looked at -' numerous scenarios at Congress Street and are recommending that two additionsl 110 fool wide by 5-foot high culverts be added near Congress Street. They are also suggesting yP that some more inlets be built in this area to help take this flow. The second suggestion that they are making involves the crossing on Crescent just west of Carroll. They are recommending that a new crown !pan structure that has a 30-foot span be built for this crossing. These two improvements would reduce water surface elevations and allow the r channel to carry a five to seven year storm. Thus, the flooding frequency that occurs on Carroll would be reduced. The two improvements together would be approximately $280,000 to $290,000. Since the original funding was only $250,000, we would have to find additional funding, }however, we think this is possible and we would suggest that we move in this direction. Before the next meeting, we will be visiting with your drainage reps(Brent and Jesse) and they will be able to report to you also at the meeting. We only want you to consider this item at the meeting and If you like It we will nail down some more costs with Teague, Nail and Perkins and be able to give you some more I Information at your March meeting, 1 am writing this before the holidays because there are a number of staff people that are 1 tying to get away for a few days. I hope this finds all of you well and ready to enjoy the season. The staff wishes all of you a happy holiday season. We look forward to seeing you on the S'h ot'January. , y I w Rick S%chid Deputy City Manager RS of Attachments t It , F .' i _ .. k 25 X 2 X ❑ 1 r O MOM r, .,. ,. ..s -, ,.. -, :.. --r•n .v r..at°4T t$Y!b5+� � ^0.Ti�l'i:Rrt .7 VP1C+ ya,✓4.RCA,:: �. *.Mu r Date 12115197 To. Rick Svehla,Deputy City Manger From Jerry Clark.Dvector of Engineering and Transportation RE Oversight Committee Meeting of January 5,1998 ` Staff' for inclusion in the 1997-98 Miscellaneous Projects Categories recommends the following projects rot Streets, Drainage, Traffic Signals, and Sidewalks, These projects were presented for your review last meeting and for action in this meeting Miscellaneous Street Projects 1"8-Available Funding$590,0011 ♦ See attached list that describes the combined street program with the rebuilds shown with a check Those would be 10-year life projects that would qualify them for the bond funding This combined program shows how the rebuilds will complement the repaving after the water replacement program. The utility repaving program will use up most of the funds which means that only a few streets will be able to be resurfaced outside that program Miscellaneous Traffic Signals Mg-Available Funding 5225,000 These are selected based on Vown problem areas and citizen input Development impacts should be a major consideration in►he next five years ♦ 560,000 for Lillian Millet at Teasley ♦ 5!n,000 for Lindsey at US 377 ♦ $75,000 for Nottingham at Mingo including some railroad signal preemption ♦ A portion of the signal at US 377 at 1830 with some potential developer participation or SAM for Sherman at Carroll with participation by Kroger if they expand that store and create a truck entrance at the back that would line up with Sherman . Miscellaneous Sidewalks 1998• Available Funding 5142.000 ♦ $60,000 for the Owsley Area from the $90,000 request from the Police liaison there s 530,000 for portions of Sidewalks on Sycamore between Bradshaw and bell .tom the Nice Group and Councilman Young ♦ $30,000 for a sidewalk along Mulberry between Avenue A and Carroll which is a significant portion of the request Rom the Fry Street Corporation 0 KOI 25 10 32XIO I 1 law" U JI5r97 Miscellaneous Projects for 1998 ' • $22,000 for sidewalks along feeder streets on the north side of UNT such as Bradley, Miller, Hickory, and Jagoe. These will aid student access to campus from the reasonably priced housing and address some handicapped limitations by added ramps at key locations Miscellaneous Drainage 1998-Available Funding 5179,ODO • $50,000 for Design of Unicorn Lake as a Regional Detention Structure, Development activity in the area is very high and the developers have agreed to construct the lake and dam if the City provides the design They will use it to handle their site runoff that reduces their site development drainage costs. 4 $28,000 to reimburse the Pecan Creek at Robertson Account for the design of South Lakes Retention pond Dam N2 which is funded for construction only In 1998-99. • $60,000 to upgrade the culverts on Mayhill Road to 8x8 box culverts similar to the recent project on Spencer to address drainage impacts of past and recent development • $33,000 to fund slope protection for Cooper Creek at Old North Road. Erosion is severe and needs to be addressed before the street, sidewalk,end adjoining homes are effected by the loss of the stable channel walls • $7,000 to fund Engineering and Transportation Staff Time to develop a Design Scheme for the Greenbelt area in Township 11 where Councilman Young and the Neighborhood Association have has presented concepts but everyone is not in agreement yet Miscellaneous Street improvements 1997 1 he length of the roadway described as Lakeview Boulevard has increased to 11,100'. The { City of Denton will be participating in the road using a S10 per unit foot to pay for the extra right of way from 60'to BY The committee approvals rot the Miscellaneous Street Funds for 1997 were given in the July 7, 1997, Oversight Meeting The cost for this Participation Is estimated to be $171,000 . The original estimate was $161,000 based on a roadway length of 16,100 The additional cost of$10,000 will mean that the street projects have to be reduced by 1 ' that amount This should be covered by the fact that the school district is asking that we abandon Linden Street between Alice and Fulton which is 900' long. We will adjust the projects using any flexibility possible to be sure that the total costs do not exceed the budgeted �! figure of S400,000 for the participation In Lakeview, and the repaving of Linden, Fulton, and l'andhandle Attached are the original sheets from the April 3, 1997,Oversight Meeting Drainage Update. PECG4 and Pecan Creek Another item that we would like to cover Is an update on the PEG4 artd Pecan Creek O • 1)rainage Projects As per the anached status sheets,the section between the main channel of Pecan Creek and Bradshaw is well underway We expect it to be complete by the middle of January l9c 8 The attached schedule shows the status on the plans and the construction schedule that will be possible if we can get the easements in a reasonable time frame M 4 MIA-Er-ry;a 32 x � J •, ' r: � C. �. � i 1 � , la i r i ."� WOMM a ( r . � 1 1 1 � a '9 t{ a`� ' 11 �♦'5i C � Le,s Y , r 7p '� � �'. . . '� e. n.u+r�Y. 'MKRaN'aGY.LR]�PYrAM+YIRNLY.TIL,Xfi1Rik1Ld�Lii'�"i /.'4r6%S�'d1Y�1A�A .."+R1iCn[� '' ` ..,..r�...li�/ru... ,..-a.N Vlwa'..Lw• 1?115P97 Miscellaneous Projects for 1998 ?(; a W Project Crescent at Carroll Culvert I This project has been looked at in some detail our determination through working with the Drainage hfaintenance Crews and the Flood Response Teams is that the best place to spend x this culvert money is at the culvert at Crescent adjacent to Caffoll the majority of the money r, x , would go to upgrade the culverts at Congress and Carroll.The study from Teague,Nall,artd Parkins provides the details and the costs for the Congress culvert and the upgrade for the Culvert at Crescent. Staff would ask that you look at this item this time and give us your final ' recommendation at your next meeting r Jac i I a�, n r 1 3 [ 1 a J ll.do E t' i , A 1 FYI I III I ,: a 25 x 32x 0 ;,J' , y � ;,�� .1 L ✓'� '.'., ,s/,vI!L s a s a � t + i r 4 r ,I. ', a "� Y v.� L 4 �, �' '"fJ .,' i:' •t` $MummA c 1I - � I t i I I Y �Y+-.`�=��v,/rTew,. w,i..I%r+r'�.q+M�d+. .wli.S.,i xrL�'Adb,elT++'ll'g11C' :P�.�'?.'iM�fES"1A+Yt1r•M"�6!WM�'IIKMI'iYK1U1K, �y dvidMY ',, � \ STREET BUDGET OVERVIEW BUDGET 982,987 WATER DEPARTMENT REIMBURSEMENT 293,814 Mumma c 'i TOTAL FUNDS 1,278,801 y4 PATCHING 300,000 �. CRACK SEAL 80,499 It ' CURB 6 GUTTER • WORKORDERS 60.000 CARROLL BLVD CONCRETE WORK 30,000 5 WATER DEPT r't, JECTS 805,403 I _ BALANCE 200,999 PRCPCSED STREET PROJECTS 785,250 FUNDS NEEDED TO MEET PROPOSED STREET PROJECTS 684,351 { t �L p • r X. f�f 32xio x , 0 • fl 3 n ... .... .........i, rv.,.}. M'fP4en',xn;+: w.v. ..r.... ..• u.. a.. n ......'a.,,.... r..r.,. 3 ST 'T PROJECTS October 1, j_d7 thru Sept 30, 1998 % WAUDA LOCATION FROM TO 80ND ST PROJECTS WATER FT WORTH SOUTH LOCUST 8'353 CONGRESS GREGG 84,085 AMARILLO MOUNTS 8,931 RAIL EMERSON NOTTINGHAM 15,785 MULKEY MCKINNEY 48,528 HICKORY PRAIRIE 57,019 WA YNE TYLER 15,903 D EAGLE COLLINS 20,885 COLLIER EAGLE 135 20,305 CREEK 80YD CUL DE-SAC 8,852 DEL DR DONNA RINEY RD 13,222 \ DENTON HICKORY CRESCENT 11,951 DONNA Hwy l? DEAD END 18,041 DUNCAN MORSE WILLOW SPRING 35,028 • ECTOR SCRIPTURE HWY 380 104,493 FULTON PANHANDLE HWY 380 75,000 GLENN GARDEN TUHUNDERSIRO DEAD END 11,367 l GREGG FULTON DENTON 25,400 HAMPTON MARSHALL MASCH BRANCH 70.000 + . HAYNES AMARILLO MOUNTS 14,125 • HEADLEE CARROLL BOLIVAR 18,75 5 HIGHLAND ELM CARROII 44,514 JIM CRYSTAL NEW BRIDGE EGAN RO 50,000 H AMP TON MARSHALL 58,542 LARIAT �I O MAW" o 0 S1 T PROJECTS October 1, 1x97 thru Sept 30, 1998 SCH LOCATION FROM TO BOND ST PROJECTS WATER LINDEN BONNIE BRAE FULTON 135,000 MASCH BRANCH HWY 380 JIM CRYSTAL 75,000 MCCORMICK WILLOWWOOD PARVIN 40,482 MESQUITE WINDSOR STRATA 38,042 MIMOSA HINKLE BOLIVAR 45,000 MYRTLE MAPLE EAGLE 16,455 OAKWOOD MCCORMICK DEAD END 21,838 PANHANDLE PONDER CARROLL 90,000 PARKWAY DENTON CARROLL 34,817 PEARL DENTON CARROLL 33,376 v PONDER OAK SCRIPTURE 30,150 RINEY RD HWY 77 BONNIE BRAE 60,984 ^ RINEY RD HWY 77 HWY 77 28,865 RINEY RD WINDSOR HWY 77 20,870 ROBINWOOD PALMWOOD KAYEWOOO 13,854 SAULS ROBERT GREENWOOD 11,057 t SEMINOIE BOYD CUL-DE-SAC 9,492 O SNYDER WAYNE TYLER 14,003 q WAINWRIGHT SYCAMORE BELL 48,690 • t WESTWOOD WILLOWW000 OAKWOOD 11,109 WOODROW MCXINNEY SEWER LN TIE 44,132 TOTAL 300,000 785,250 905,403 ? �5 32. x a ..� 0 4 r M• 1 1 1 i I TES IG NU 199b OVERSIGHT HT CO MMITTEE M March 25, 3998 11:00 a.m• The committee convened at 11:00 a.m. in the Council Work Session Room at City Hall. The committee members present were Joe Mulroy,Roni Beasley, Margaret Smith,Jesse Coffee,Terry Schertz, Rick Svehla, Kathy DuBose,Jill Jordan, Ed Hodney,Jerry Clark, Kathy Brooks, and Michael Stewart. A. MINUTES 1} 01/05/97 Committee Meeting i Minutes were discussed and it was noted that Roni Beasley should not have been listed as attending the January Oversight Committee meeting. Minutes will be corrected and resubmitted at the June Oversight meeting. Rant Beasley made a motion to approve the minutes as corrected. Margaret Smith seconded the motion. The minutes as corrected were approved unanimously. B. FIAANCIAL TRACKING Kathy DuBose reviewed the financial reports. Jesse Coffey requested recap of the projects reviewed by the Oversight Committee. Joe Mulroy suggested submitting the information In the form of a floircharl, and Kathy DuBose agreed this would be completed G STATUS OF PROJECTS Rick Svehla, Jerry Clark, and Ed Hodney reviewed the status of the projects. Joe Mulroy requested an overhead of the lmp 288 project alignment. In regard to the Parks projects, Joe Milroy suggested adding non-staff members to decision-making commillees. j * LUNCH • D. ITEAIS FOR CONSIDERATION { I) Resolution of Appreciation for Brent Thornton Rick Svehla read the Resolution of Appreciation to the committee members rad passed the Resnludon and a plaque for Brent Thornton to each committee member. 1r, Ilk 10 32x11 u t ,��� 7. f � I• i i 3ALVAI M c + Y r 7 I 1996 Oversight Committee Minutes for March 25, 1998 DRA� C Page 2 2) Badic Road Rick Svehla and Jerry Clark reviewed the project details. They suggested the City of Denton pay$100,000 to the landowners to pay a portion of the cost to build the road. The committee members recommended putting a two-year time limit on the offer. 3) Environmental Assessment and Schematic Design at 1-35 and Loop 288 Rick Svehla and Jerry Clark reviewed the project and estimated the cost at$50,000 to 3100,OOOfor an environmental assessment. Various changes of on-ramps and off ramps were discussed. Although TxDol would ultimately fund the changes, staff recommends the City pay for an environmental assessment in an effort to increase the Stare's interest to scheduling this project. 4) Linden Street Drainage Project Rick Svehla, Jill Jordan, and Jerry Clark reviewed this project, which would be o joint venture with the DISD The money for this project would come from the miscellaneous drainage money In next year's program. 5) Additional Funding for 404 Permit Requirements Staff recommended hiring an Austin-area consultant as a subcontractor to Teague, Nall, and Perkins. The cost is estimated at 810,000. Timing Is crucial since summer construction Is planned. The moneyfor this expenditure would also come from the miscellaneous drainage money In next year's program. F. ACTIONITFMS r , Roni Beasley made a motion to approve the Resolution of Apprerlalion for Brent Thornton. Terry Schertsseconded the motion. Margaret Smith • moved to approve all of the remaining action items at the same time. Ron! Beasley seconded the motion. The committee unanimously approved all action Items, 1 1) 03125/98 Resolution of Appreciation for Brent Thornton 2) 01/05/98 Bridge at Carroll and Crescent O 3) 03125!98 Badie Road r /9 ,,., ;Y'.r rl .'rt , �.. r r al ,•Y kJw. �'>, ri lase. ew4 N ..� Y T'; N n J ., is 1 • I '0 i _ r r lr t k r . � Y • � � r C o • ,, 3 1 ��1 i •'1 � �Y� i! r 11,I i . . • �.4.1 rT ...�rvwLhsaro rR+•w;w+a,t�. � r r Y'" , v Y• N. I 1 , 1996 Oversight committee a P� Minutes for March 25, 1999 O Page 3 4) 03/25/98 Environmental Assessment and Schematic Design at 1.35 and Loop 288 5) 03(25/98 Linden Street Drainage Project 6) 03125/98 Additional Funding for 404 Permit Requirements F. FUTURE MEETINGS 1) June 29, 1998 (?) Kathy Brooks will poll the committee members to find an alternative meeting date. 2) September 28, 1998 3) January 4, 1999 4) March 29, 1999 G. OTHER BUSINESS JV 2s 32XIO f � I 4 r, • I Off/ . '• ' '� • r x " F !� 1 ir r 1 r U,� �f7 `: Yr"ct� w ��� �,� f QA�i i , � r �I a � � r ,.r ��} � cy.'.� t '., r Jy{'q E . { •. M p � i i • ` a ��'A•,iS.V>F..a.w..lr.. , . ............�..... . drv4�.ik:wn.+»..:w+�- .. �,: � � j" � s N r . rr i � 1 S � I1 , CITY OF DENTON,TEXAS L ` $9,660,000 I GENERAL OBLIGATION BONDS, SERIES 1998 s° '. AND $5,625,000 CERTIFICATES OF OBLIGATION, ' SERIES 1998 I Sealed Bid Due Tuesday, April 7, 199!3,at 11:00 AM9 CDT The 61lowing rating has been assigned: r ` tRating Nloody's Investors Service, Inc. "A1" Standard & Poor'I Rating Group "AA-11 ' A Division of Nfct;raw•HIII,Inc. I 1 1 t , t'arrnaf:o ltiY: Y ' 'l n. FIRST SOUIN4 UT COMMY f 2s X 10 32X IO 0 I �fOODY'S RATES CITY OF DENTON, TEXAS, GENERAL OBLIGATION TAX SUPPORTED DEBT AN 1 enton (City oft TX nicipality texas Moody's Rating Issue Rating Lzertificates of Obligation, Series 1998 Al Sale Amount $5,625900D.00 Expected Sale Date 04/07198 Rating Description certificates of Obligation, Series 1998 general obligation Bonds, Series 1998 Al Sale Amount $9,6604000.00 Expected Sale Date 04/07/98 Rating Description General obligation Bonds, Series I 1998 NEW YORK, March 201 1998 -- Moody' s Investors Service has assigned an Al rating to the general obligation tax Supported debt of the City of Denton, � rexas, in conjunction with the city's upcoming sales of $9,660 million in General Obligation Bonds, Series 1998, and $5 .625 in Certificates of Obligation, Series 1998, both scheduled to be sold on April 7, 1998- Factors r ontributing to this credit' s Al rating and positive outlook includes a ! sizable and expanding taxabase, as both residential and commercial development continues in the city) a growing economic base which is anchored by the presence of two major universitiesi historically, financial operations have been conservatively managed resulting in favorable reserves and year-and cash position) and although debt burden ratios are above average , debt service I expenses are manageable . Moody's believes that the city's favorable location in the metroplex has contributed in recent years to Steady growth in taxable values in all sectors 3f the city's taxbase . The five year (1993-98) average annual growth rate in . assessed valuation of property is 4. 11 . Also contributing to the area's stability is the presence of two major universities and the Federal Energy Management Agency (FEMA) . Area diversification in commercial and industrial ugrowth also continues , as reflected by a growing texbase and low city nemployment levels, The city's December 1997 rate was 2 .8X , while the state's VMS 4 .51 . in Addition, overall resident wealth and income levels are equal to ( state levels, which is worth noting, since they are somewhat skewed downward . iue to a large student population, . Historically, city management's conservative practices have resulted in ample l ,eneral Fund reserves and a favorable end of year cash position. FY 1997 ending General Fund balance was 22.5% of FY 1997 General Fund revenues . City operations are primarily supported by Pales taxes, property taxes and ( Franchise fees , which accounted for 31 .6%, 29.22, and 16.62, respectively in ej 1 : ^I ♦ � 1. t V �n F 1'. •`I ) 1. lk } °r 1 s! 1 '1 k 1 } 1 t , I . � ' .1. ' l•�y r j , 1 I It x FY 1997 . Sales tax revenues continue to report modest gains, as reflected by a ` i four year ( 1993-97) average annual growth rate of 4.22 . Property tax Iratecontinue to be strong, as reflected by a total annual collection „ !rate over tits past three years of over 100% annually. Management reports and *; Moody's agrees that given the economically sensitive nature of the city's s`! largest revenue source, sales taxes, that the continued maintenance of ample it with sufficient operating reserves is critical to providing he city p g 'flexibility to offset any downturn in this revenue source. d4 'Although debt burden is high at 6 .2% , which is primarily attributable to 1 1;;; overlapping entities which account for almost 64.0% of overall net debt 3 ontetanding, debt position remains manageable. Debt service as a percentage of l expenditures remains affordable at just under 132, and rate of retirement stays aggressive, with 70. 2% of principal retired in ten years , Officials report that at present, they have no immediate borrowing plans after this issue, but, that they do expect to continue to have modest needs annually. 3 `Moody's expects that future debt needs will. remain affordable, given management's conservative nature, as well as the expectation that modest taxable value growth is expected to continue over the next several years. ANALYSTS 'i, Dennis Porcaro, Analyst, Public Finance Group, Moody's Investors Service Orlie Prince, Senior Credit Officer, Public Finance Group, Moody's investors Service Steven Levine, Director, Public Finance Group, Moody's Investors Service �`CONTACTSI Journalistai (212) 553-0376 Research Cliental (212) 553-1625 S•, , r f � l 1 � j 32XIO �' 1 .J r ,r • �1 a .r' 3 I r I � � � •�r, ,, v ° I ! r• J 51 r C n i 1`. lr ' AXON= a .; le i [ JlMN1)f1lZU I &POOKS , I . I [ Public Finance it I New Issue Review 1 ISSUER: DEN(ON, TEXAS 1, ! S!:M1 and rlfl nlel[Y 1993 Jli AN I. !9!t n0./d tl.191t An. ` itnl ndrUlotofdlii.mm 1992 Ad Apr 1.1991 Jue FcO lS,ynI M AA. 1 IsN Age Arni 7.leer - A1hvIMr.D . Sill mdlAl"ver leis. 1991.1992.W 7993 AA- OUTLOOK-PosiTive ,1 w; RATIONALE �} OU'1 LOO 21 ne rains on Dmkn,7arix'MMr Mip;a Aa9d:r,va22ndint wvio v^ 'eanerd in rN Vkv1 N dn0:I nsrr.uh91Uce1 mry'tmrr,nv N ni q:n umi luw e1 rq lour.I 11I pu modntlely AyA drla hvdan ud 6e1ow Arrti;•MIJ,["it0. (� �A `.. 1m.uwl LI Daum I''":y,DJIon if elAw tl Me roes Vre 0,911-di e D' erb Fm N .Savini a a I'"e d eiI"Ala w III,mmflm r; In rmplq meM opp; IJUInt:l In Ai h,T wAeer; 'Only bm.J,rrr,Intlrny xnrce0 rrlelcd n�tlllr�IjliAk 1 inelud.11 II em f MAa9ldgtlirM pn rrgmen.The nt.,uldolrin d DnUirm i rbYM riri ea llaarnl pJsepenue,prreMlUAexc•,and"I MnVmA2.As a duce,^'.n)mrnt Grrorunvd4 IA:d i0rd In J t'.in 1991,and 7Laeri n. ,a It*k i.m I hrhl&'M�cln dud lu eel dnpmcm nl uvI a,rroundlnS IAA til_ Iolufmi 15MIiI H41111 C 01&11 190 tnd milli on (pl hulonal A"d Ill nrn 1a N eonJlnJOmd 371,0 Nllon pntpd Crprw lidWG0 W141y 7M ILL2nrmie I anua;^ fet Al[INln Airenll *AN lrclwamgia euryyuiu^wendAr'.rien9.5i{Inetieikid p.rrn•o. I� r ` en!Imd C'eTwaliuN funArr Ne►IeM rhr old qnr 4av�IdAil,una'umr'9rmon,rrpnn,mhm Mdllm huYxl}rin l!niAl•1e,ly'in2 "A 111 lu atl 12%fld 77%drtht avnlMellien. Ch M1Whlnn'Y lvl'w Jn,am 4^11. a1 In I'dr.NJ so roMidarJLk IItlrro;," rn slww popuylyo. (11 A A..•YNd va .ifrrr a.:-At inrIol rnw.y,ft ofnyd.Srri In l')All,"tram 1991•Igyi duels Omni rvnmwlY, Ian Ntv IwR r+9M'tr Appoeiuiw�Plur,ry rs'vc1 vv ro k• , Ii Y loony rcudmti',I hda ban Lan t�.'. D ru:!:d a Iur10R 1nrNr/;�,men drx 9Cp� I MJpriJl F Iro lw wrglyjdtl. o,wr,�',n p:rf01nuI rs stfolu It watill.from WI t1 rn'mr.JprJrrpnt prwka.A 1976,*Al �. 1 Fim;c n9V WrL'v.d.a Foul 1997,wh;dl feh00 ar-9"lf eWd t,n✓�lane n k"m a Si.9 iriflicn, •• ur 71.590 rAnprndnluer►n4 cunalll)acou �n;111%mielmw�rruo hcr..vo III Doc A,uroarYI (214 nunititni pr4�ieet.dx ah.'e 1991 7ATArd 4ad1u AW.UtlY a 11 7m mUlwn iremro!fled W~hlhret„m Vrrlull Mn duht lr Invr .Ioy Alin el S I.IKS W.Apha on 1 %of"I veld,UP,I an.Nr ehaZru dill 17S KI rn lT iAmIV Shin iV:or4Nael eh1A+rldhVre Alr In pin b r1Did IY''m.i11J1 Imldr'ralllen.51ait dun d)% 171 )wn DcnlDI.eiil laaa la rammonS SlOSndffim nr mnrwrtwd dehl i,d dq III rhmn !a r vl. 1".c 41'd rrl nA.,ua , p.atl'u rl G!r rrm,rinupd tlroni x9lwrnk iraxU IMA 6.erNfiw14uL rA,lykd whh1. n,Yin4nml,lolWnJ.n4rr Taal minaynnlldp��hoe C�J h.snU)rualnylcv:IJ kn,rl WWd kink irJtirri ;••4 1 er✓ad. t 3 Sm1Lrl8 Plrop d A^ pia Wd rar. N IYI i' n ,•-M, .•r M.�. N'Wrl NJ M,�r,•.�-Y.,.1.a • Nwi Ax n'�naw 4rl.\.i.w. M"4 xFM y.r K •.',\>wwUb l�Yn YA �i1N�'�r Wro1'MxrYM YI M.rwaNr w'\YM.x. 2l�'� .ffr.YN1~r..^:�r...•,�'�^ r ,•� ..nI..I.,r w.F4M I ,yn ray ,nV Y11a.Y N.�I r. low" r \ N; •M.lwn x\.•111 Yn11..a. ,�. .w♦ FhYn1'��M�.Y w,� efin I 1. 1■ u IMw. .-_1.n 1 Mrni�a Yn4 Y wy.nw.,wr1Y �NY M rn..w W.a� 11Y•w1✓r•ra F\w.vY,.-n,\1e4 ..Rwr a?.. TO TPL P.9O2 I I I?S 32 X Emmm'm . Oi t Y' n M'. /G,^Y wIIYMYU[rga R.p,1 ni'n MFiIM11rNJNni.MF.Yarw rMY1��M4»I�.Na+ur.w.��,.,' Prepared by: ,s TABULATION OF BIDS RECEIVED AT SALE OF ". SEALED BIDS DUE TUESDAY,APRIL 7, 1998,AT 1 1:00 PM,CDT yr' ''. ' s9,bbo,000 ss,6ss,000 CITY OF DENTON,TEXAS CITY OF DENTON.TEXAS �{P^' GENERAL OBLIGATION BONDS,SERIES 1998 CERTIFICATES OF OBLIGATION,SERIES 1998 p TRUE TRUE INTEREST INTEREST ACCOUNT MANAGER COST ACCOUNT MANAGER COST Sec • 5. Wa Sec -2 f (46 . ' sw f S1 Ptvk Sec 4.1 ( 3 • I • o • 32XIO i f' , I MOSO r I : I 1 ' IIi � I 1' l • t e • s 1 1 _ , I • 1 h51 1 r 1. .. �. ,. .. '....'.. _ .., ..., :'.. a rrr.++eti''.6sue:�+,riYX'Y'.lYNUW1Ur�e!!RM141ab+nla�+n, .a4✓av:r.�.:.,..v+�r.....�. � .'.:.n' "Dead layer•.`Jnda of 20 Mssnk4w Bands Bads Ve3stlm of Par mands I. The moa aWro rM guide as to who the Muik*Bond MarYn bats done in one time period vcrw amdser Is the *Bond Boycr i 20 Bond Inks. Pl idwd on TLsnday of cub ask,k is the stapled guide of the Munkipd Bold Industry so deoermine trends and rmvemet6s of kaertst rats in the onaTim. To con pa 0e Index csc6 rut a poll 6 taken of several largo iavastrned bm"Isomer m Qe 20 yGf Price (expressed in lc m of as interest rate)of the atsundvng bolds of groin rmenkkWitin. week 19" )991 !"2 193 ! L992 1994 ` January 1 7.63 LM 7.03 7.09 6.32 6.17 3.34 666 5.37 5.70 SAP 2 7.83 7.40 7.03 7.15 6.40 6.19 5.31 6.53 5.50 5.71 4.96 3 7.61 7.29 7.14 7.10 6.56 6.16 319 6.44 1.40 3.72 5 03 4 7.51 1.27 7.19 7.06 6,59 6.10 5.26 6.49 3.46 5.72 !11 ! 7.00 6,65 5.73 February 1 7.49 7.29 7.24 6.86 671 6.04 5.25 6.40 5,40 530 5.11 2 7.40 7.38 710 6.81 6.74 597 5.36 6.18 3.37 3,62 3.08 G 3 733 7.54 7.16 6.97 6.73 5.85 5.42 6.18 5.33 5.56 5.07 4 7.52 7.55 7.27 7.01 6.74 3.60 5.58 611 5.48 5.65 $.14 n March 1 747 7.56 7.23 7.06 6.71 5.47 3.84 6.08 5.79 5.70 $25 r 2 7.61 7.52 7.25 7.06 6.76 5.58 S.19 6.18 3.81 5.75 5.20 f t I 3 715 732 732 7.13 6.79 5.71 5.94 6.06 3,86 3.78 5.19 s 4 7.89 7.72 1.31 7.14 6.77 5.78 5.92 6.09 3.90 5.81 510 r S 7.90 7.64 7.33 6.07 6.01 r, AprJ 1 7.80 7.56 733 1.06 6.73 3.96 634 6103 5.86 SA 3,19 2 7.11 7.54 7.31 7.02 6.66 164 6.22 6,01 6.03 318 3 747 7.44 7.39 6.98 5.60 5.70 6,19 5,96 5.94 5.67 ` e 4 7.77 7.40 7.51 7.01 6.61 5,67 6,16 6,06 5.91 $.97 Ilk{ 5 6.69 5.73 bLy 1 7,84 7,36 7.54 6.95 6,64 3.71 6.18 610 6.06 3.77 2 7,95 7.36 7.39 6.93 6.54 5.69 6.32 3.96 6,01 574 f 'i 3 7.91 7.16 119 6.94 6,31 5.77 6.14 3.92 5.96 5.67 4 7.96 711 7.26 6.99 631 5.73 6.13 5.83 517 5,66 ! 1.26 6.97 5.94 $67 June 1 7 8 7.13 7.21 7.06 6.57 5.67 6.09 7.79 5,94 160 c 2 7,78 695 7.20 719 6.52 5.68 3.96 3.73 6,17 5.52 ' 3 773 6.88 718 7.15 6.46 3.61 6.04 9.86 6.06 5,48 4 7.77 7.09 717 7.13 6.42 537 6.16 5.82 7.97 3.53 5 7.74 7.02 618 5.97 t 7uly 1 1.15 7.00 7.24 7.10 6 38 5.55 6.27 5.91 5.94 5.53 J 2 7.17 6.92 711 7107 6.17 $55 612 5.11 6.00 S36 3 1.77 6,93 7,17 7.04 6.16 5.50 6.22 5.99 SAS S.32 4 7.76 5.93 7.1! 7.00 6.05 3.61 6.23 7,97 5.86 5.26 S 5.69 3.65 $13 A41 # 1 7.69 6,96 7.08 6.99 6,06 $.61 6.16 6.03 5.79 5.33 7 7.83 1.02 713 6.94 6.05 $45 613 6.07 5.67 533 3 7.15 7.09 7.26 6,88 611 3.40 6.22 6.12 $14 5.43 4 7.80 7.15 7.56 6.86 6.31 5.33 6.21 6,01 3.73 5.43 'I S 116 7.47 6,63 5.98 $.16 v Sepntnhct 1 7,76 7.15 1.41 6.86 6.24 535 616 5.90 793 5.42 2 7,67 1,16 1.33 6,61 6,15 314 6,11 1.83 $.99 $.44 - • 3 7.59 7.33 7.41 6,79 6.21 527 6.24 5.91 5,16 513 . 4 7,62 7.40 7.53 6,73 6.33 530 637 610 3.76 5.36 1 S 7.64 5,30 6,43 Qdher 1 7.73 7.27 7.48 6.64 617 5.30 6.50 3,89 5.70 5.34 2 7.62 7.19 7M 666 619 9.20 614 5,12 5.73 5.3S 3 7.15 7.19 1.48 6.67 6.34 3.20 619 572 5.72 3.42 4 7.36 1.32 1,43 6.73 6.53 5.31 6.64 5.76 3,71 5 42 . s 5 669 6.62 3.70 3.35 1 Novemher 1 7 3 714 1.29 6,71 6.31 3.43 6.83 5,70 5,67 338 2 7.44 7.20 714 6.69 6,31 3,46 6.96 3,61 7.60 5,34 4 e 3 7.50 7,12 7.13 6,7! 6.21 5,46 1.06 3 6! 7,33 3.31 ' il�J !1 4 7.56 709 713 6.79 616 5,49 703 JAS $34 3.29 3 7.04 7.01 3.34 Ncember 1 7.66 7,00 7,06 6,80 6.26 5.46 6.90 51S 5.57 3.25 2 1.61 6.99 LM 6.71 6.22 5.33 6.86 3.51 7,66 $.21 , 3 7,66 6.96 7,11 6.66 6.23 5.36 6.77 7.31 747 $.I I 4 7.11 6,97 7,14 6.k 6,19 IN 6.70 5.44 7.66 S.14 S 7.50 6.17 7.21 6.71 5.15 10 32XIO r 01 0 E i " ' ..._,_-,....._..,...w,rvww+...n..w«e,..-w:tNVy4WlIV.'qMrTfJP♦N1kTi8 rMR03f1%'1SNIl i[4NN•'.:+6+YYlICNMYAI�tl�l{ltlet '�'Npi'IMJ'�N1I�R.�/i'U'Yt]�A:EO*RbtQk1P.°/121:pV.S1'WEB"'.M4.4Ya"1�4Vy4yW'fPMPS]ss.#�MM� ..,. i ,, I 1 � .. � .� ■ N i tW �LV 111Y6 �'r4 �IY �a � ¢w RM � � vR.rY i�' NET BOND ISSUE'S INTEREST BUYER'S AVERAGE 141STORICAL SALE INFORMATION SALE DATE RATE INDEX LIFE 54,700,000 City of Denton,Texas General Obligation Bonds, 4.15-97 5.548% 547 12.567 Years Series 1997 $2,515,000 City of Denton,Texas General Obligation Bonds, 5!7/96 5.890574% 606 12.310 Yeah Series 1996 $5,190,000 City of Denton,Texas Certificates of Obligation, 5171% 5.796203% 6.06 9.062 Years Series 1996 $1,610,000 City of Denton,Texas General Obligation Bonds, 2121195 5.859554% 6.18 11.280 Yeah Series 1995 $2,000,000Cityof Denton,Texas Certificates of Obligation, 2/21195 5.900765% 6.18 12.903 Yam Series 1995 $2,705,000 City of Denton,Texas Certificates of Obligation, 11!2/93 5.092894% 5.45 10.389 Years 1 Series 1493A $2,975,000 City of Denton,Texas General Obligation Bonds, 3116/93 5.4403°/. 5,58 10.913 Years Series 1993 ' 1 I � �; IK Io 32XID � Lf � t . � 4.+art Zi:,r� 1r r � x � M1I r i ,� raj YS i I• il. 4 1 r t 1„ I A Lit 6 � �l" At 14 � 4 �•.r IR i �' /+ {�� fN ' 0 v a �'in c r + 1 6lrrr •rl t .�'�. vi 1 i t 71 9 It I , 14 a t + r�,��F r �yti d �a�'� �a t >• p�S�'" �a� ,IJ4� L ,i� i 3Y { � k pit CITY OF DENTON, TEXAS (Denton County) F � � x r f r i $9,660,000 GENERAL OBLIGATION BONDS, r , SERIFS 1998 AND $5,625,000 ' r CERTIFICATES OF OBLIGATION, SERIES 1998 r li Sealed Bids Due Tuesday, April 7, 1998, at 11:00 AM, CDT 1 -- 25 I ❑ 32X �, f J f Iv , .+h'.e i1n..11..,,.Yi n. ,.....tea , .. ,.. . .... ._,n�,..•w..n.. .sue•i.�cnnw<nMS Mnrw.r .w...�... Y 1 NOTICEOFSALE AND BIDDINGINSTRUCfIONS ON 59,66DA� CITY OF DENTON,TEXAS (Denton County) GENERAL OBLIGATION BONDS SERIES 1998 ' `r Sealed Bids Due Tuesday,Apri 7,IM at 11:00 AM,CDT THESALE 1 , ` BOM1'0.90fFLRLD FOR SALE AT COMttTTM'l BIDOM...The City of Denton,Teals(tile"City")is offering far sale its 59,660,000 A' General Obligadori Bonds,Series 1998 phe'Bonds"} ADDRFM Of BIDS. . . Scaled bids, plainly marked"Bid for Bonds", should be addressod to "Mayor and City Council, City of Denton,Texas",and delivered to the City Secretary at City Hall,21 S E.McKinney Street Denton,Texas,Prior to 11:00 AM,CDT, J! On the date of the bid opining. All bids must be submitted on the Official Bid Form,widwm alteration of interlinosUon. R*. BIDS Bt'T Ettnsone oR FACSIMILE. , .Bidden must submit SIGNED Official Bid Forms to David Medanich,First Southwest Company. 1700 Pacific Avenue,Suite 100,Dallas,Texas 73201,and submit their bid by telephone or facsimile(fax)on die dote of - k: t. the solo. 7: Telephone bids will be accepted al(214)953.4054,between 10:00 AM,CDT and 10.30 AK CDT. Fax bids must be received between 10''00 AM.CDT and 1030 AM. CDT, on the date of the We at(214)9534050,attention: ® ' Rhonda Van lderstine. First Southwest Compaay will tot be responsible for submitting any bids received e8er the above deadlineL First Southwest Company assumes no responsibility or liability with respect to any irregularities usociated with the submission of bids if telephone Or fax options are exercised. PLACE A.M1D TIME of BID Or0IM1G...The bids for the Bonds will be publicly opened and read In the City Council Chambers of the City Hall at 11:01 AM,CDT,Tuesday,Apra 7, 1998. r ANARD of THE SOL". , • The City Council will take action u award the Bonds(or rejetx all bids) at a meeting scheduled to A%vene ta 11:00 AM,CDT,on the date of the bid opening,said n opt an ordinance authorizing the Bonds and approving the Official con Statement(the"Ordinance"). THE BONDS j J Dr-5t'Rtrrtov. . the Bonds will be dated April I, 1998(the"Dated Date") Interest will accrue from the Doted Date end will be . due on February I5. 1999,and each August 15 and February, 15 thereafter uuil the earlier of maturity or prior redemption, The Winds will be Issued only in fully registered form In any intrgrsl multiple of 55,000 for any one nude 4. The Bonds will mature on l fehroury I$in each)car as U10%S. MATURITYSCHEDULE Principal Principal Principal J Year Amount Year Amount You Amount 1] 1999 T4 2006 $493,000 2012 1480,000 (,1 2000 185.1100 2001 485,000 2011 480,000 2001 48500 2008 485,000 2014 480,000 8� 2002 485,000 211!19 485,000 2015 490,E 4(` 2003 485,000 2010 485,000 2016 480,000 2004 485,000 2011 480,000 2017 480,000 2005 485,000 2018 480,000 ` I i 1 25 K � 32X ❑ e (s a'•. T 0 coal� N6MNN:'rLI.VL'NEM!l�'LC4rMearnca ,.-...... BrxsF-ENrR%-OxU SIST01 The Co% intends to uulire she Book-Entry-Onh Syslctn of The Deposiwn Trust Company 1"DR:"1 See"The Bonds and Bonds•Book-Entn-Only System'•in the OtTcial StatclnenI ' OPrlox.xr. RtU01PTIOx ., The Ciq resenes the right. or its option, to redeem Bonds hating etaicd maturities on and a0cr February 15. 211419, in whole or in part in principal amounts of SS.000 or any integral multiple thereof.on February 11 2008, cr any -. date thcreaflcr.at the par Salue thereofplusnccrued inlcresuo the date fixed for redemption. SFRI%L BONDS OR STRtxt BOLDS A%D 11ASr 00SDS.. . Bidders may pruside that all the Bonds will be issued rs Serial Bonds maturing in accord with the Sfaturity Schedule shorn abase tAlicmaie 11 or as a combination of Serial Bonds and Terms Bonds 1 Alternate 21.but a bid sx ith all lens Bonds is not permincd. .-Alternate I Serial Bonds', Serial Bonds maiming on February 15, 1999 through February 17, 2018 .4hernuie 2 Serial Bonds and Term Bonds. Serial Weds maturing on Fcbman 15. 1999 through Fchruary 15. 2012, and one or too lens bonds consiaing of the February 15,2033 through February 15.2018 maturities with each term consisting of rues i or more ccnsecutixe sinking fund redemptions matching the annual principal amounts Accumulated from the maturity'schedule shown abase. r NLlxDetORt,Suisse RI o , . . If the successful bidder elects to alter the htaturiq Schedule reflected abosc and comer: the principal amounts or the Serial Bonds maturing in the years 2013 through 2018 into "Term Ponds", such "Term Bonds" shall be subject to mandatory redemption on February 15.2011 or the first February 15 next following the last maturity for Serial Bonds.and annually thereafter on each February 15 until the stated maturity for the Tenn Bonds at the redemption prices of par plus accrued interest to the date of redemption. The principal Amounts of the Tenn Bonds to be redeemed on each mandatory redemption date shall be the principal amounts that would hase been duo and payable in she Maturity Schedule shnun abote had no conversion to Term Bonds occurred. At lev thirty 1.301 days prior to each mandatory date,the Paying AgenLRegistrar shall select by lot the Tears Bonds to be redeemed and cause a notice of redemption to be gisen in the manner provided in the OtTciol Statement, The principal amount of the Tenn Bonds required to be redeemed pursuant to the operation of such mandatory redemption pros isions may be reduced-at the option of the City,by the principal Amount of the Tenn Bonds of the same maturity which(i)shall hate been acquired by the Ciq• will funds on depusit in the Interest and Sinking Fund for the Bonds which are available for - mandawry redemption of the Bonds at a price not exceeding the principal Amount of such Term Bands plus served interest to the date of purchase and delisered to the Paying Agentltegistow for cancellation or(it) shall base been redeemed pursuant to the optional redemption prosisions and not theretofore credited against a Inandatory'redemption requirement. �s PSStxc AUST/WGIN11a+R. . . The initial Paying Agent Registrar shall be Chace Bank of Texas, National Association, Deltas, ' Texas(see"The Bonds and Cenif cotes•Paying Agent Registrar" in the 01Ficial Statement). ,. SM RCF OF Pet>ILxt. . .the Bonds are direct and voted general obligations of the City of Denton. Texas, payable out Df the receipts from an ad ialorcm ta< ItOcd.within the limits prescribed by law, on all taxable property located within the City.as s provided in IheOrdinance Further derails regarding the Bonds are ace forth in the 0lrrcial Statement. CONDITIONS OF THE SALE s Tier of BIDS ASD IN FRFST Rs t 1.S,,. The Bends %A111 he sold in one blmis on an "All err None" basis,and at a price of not less than their par Soluc plus accrued interest from the date of the Bonds to the date of dclisery of the Bonds Bidders an invited to name the raic(s 1 of inkiest to be bome by the Bonds,pros idcd that each rate bid must be in a multiple of 18 of I?i or 1 20 of Ina and the net cffectixe interest rule must nut exceed We The highest rate bid may not exceed the loucst rare hid by more than ins in rate Interest rates for maturities on and after February 11. 2009 shall be stnxturad in ascending order such that for each suceocding - maturo%.rates shall he equal to or greater than the interest rate fur the maturity or the preceding year No hmitauun is imposed upon bidders ax to the number of rates or changes which may be used All Bonds of one maturity must bear one and the same rate. No bids insohing supplemental interest traits oi llbe considered . 0 • B%xis wit A".SRD...The sale of the Hunds will be awarded to the bidder making a bid that eonfomne to the spadcations herein and which produces the toue,t True Interest Cost tale to the('it). The True Imercst Cost rate it that rate which, when used to compute the total present salue m of the Dated Date of all debt senice paymm(s on the Bonds on the basis of semi-annual compounding.produces an amount equal to the sum of the par Salue of the Bonds plus any premium bid lbut not interest scrued from the Doted Dan to the date of their delis e)I In the exent of a bidder's erne in interest cost rate calculations,the interest rate& and premium•if any,sent forth in the Official Bid Form A ill be considered as the official bid it iaraaRal I i i 7 GOOD FArM DErrosrr...A Good Faith Ikpasit payable to the"City of Denton.Texas",in the amount of$193,200.00,is required Such Good Faith Deposit shall be a bank cashier's check or certV6ed check which is to be retained uncashed by the City pending the " {I purchasers compliance with the terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany the Official Bid Form or h may!K Submitted seporatcly. If submitted separately, h shall be made anilable to the City prior to the opening of the bids,and shatI be accompanied by instructions from the bank on which Dis drawn which a Purchaser its will as e s Good Faith Deposit by the Purchaser who shall be named in such instructions. The Good Faith ptporit of the Purchaser will 6e I returned to the Purchaser upon payment for the Bonds. No interest will be allowed on the Good Faith Deposit. In the event the Purchaser should fail or refuse to tyke up and pay for the Bonds in accordance with the bid,then said check shall be cashed and accepted by the City as full and complete liquidated damages, The chaks accompanying bids other than the winning bid will be retur.rcd immediately after the bids are tpened,and an award of the Bonds has been made. DELIV FRY OF THE DON DS AND ACCOMPANYING DOCU MENTS CUSIP Nt!M SEAS...It is anticipated that CUSIP identification numbers will appear on the Bonds,but neither the failure to print err type su.h number on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to accept dclivny of and pay for the Bonds in accordance with the terms of this Notice of Sale and Bidding Instructions and the temis of the Official Hid Form. All aprnsea in relation to the printing or typing of CUSIP numbers on the Bonds%ball be paid by the City;provided,howevcr,that the CUSIP Service Bureau charge for the assignment of Ore numbers shall be the responsibility of and shall be paid for by the Purchaser. .: DEL1xtXV oT Bwan...Initial Delivery will be accomplished by the lssimca of one initial Bond(also calkil the "Bond" or "Bonds"), either in typed or printed form, in the aggregate principal amount of$9,660,000, payable in stated irtstallmrnb to the purchaser,signed by the Mayor and City Secretary,approved by the Attorney General,end registered and manually signed by the Comptroller of Public Accounts. Upon dcli%cryy of the Initial Bond,it shall be immediately cancelled and one connection with Bond for each maturity will be registered and delivered only to Cedc & Co., and deposited with OTC in connection with DtCs Book-F.ntry'-0nly System. Delivery will be at the principal office of the Paying AgentRegistm Payment for the Bonds must be made in immediately available funds for unconditional credit to the City,or as otherwise directed by the City. The Purchaser will be given six business days'notice td the tinse fixed for delivery'of the liondt. h h anticipated that delivery of the Bond(s)can be made on or alwuunderstood t May 12, 1998,and it is unde and egreed that the Purchaser will accept delivery and make payment for the Bands by 10',00 AM,CDT,on May 12, 1998,or thereafter on the date the Bond is tendered for delivery,up to and including May 26,1993. if for any reason the City is unable to make delivery on or before Slay 26,199S,the City shall immediately contact the Purchaser and offer to allow the Purchase to extend its oUr for an additional thirty days If the Purchaser does not elect to extend its offer within six day's thercatter,then its Goad Faith Deposit will be resumed,and both the City and the Prchaser shall be relieved of any further - obligation In no event shad)the City be liable for any damages by reason of its fature to deliver the Bonds,provided such failure Is due to circumstances be)and the City's reasonable consul. CONDITIONS To DELIxtAV.. .The obligation of the Purchaser to take up and pay for the Bonds is subject to the Purchasers receipt ^/ of(e)the legal opinion of MvCai1, Parkhurst&Norton t.L.P,Dallas,Texas,Bond Counsel for the City("Bond CC @)the u no-litigation certificate,and(c)the certification as to the Otiicial5tatemrnt,all u further desm'tcd la the Official In order to provide the City with information required to enable it to comply with a.him conditions of the Internal Revenue Code of 1986 relating to the exemption of interest on tl.e Bonds from the gross insane of b delivery of dse Bonds)will ie required i n to 1 complete,execute, end deliver to the City(on air berm the 6th business day prior e7 ) ti their "issue price" substantially in the furs and to the effect attached hereto or accompanying this Notice of Sale and Bidding Instructions. In the %sent the successful bidder will not reoffer the Bonds for ale,such certificate may be modified in a manner . approved by the City', In no event will the City fall to delh'er the Bonds et a repair of the Inhlal Purchmr4 Inab lity to sell a substantial amount of the Bondi at a particular price prior to deth'try. Each bidder,by submitting W bid,agrees W complete, crecuie, and dcliva such S certificate by the dale of delivery' of the Bonds, if its bid Is accepted by the City. It will be the rorxinsvhility of the Purchaser ht institute such ny ndicate reporting tequir.,ments to make such investigation,or otherwise to ascertain the facts necessary' to enable it to make such certification with reasonable certainty, Any questions concerning Such certifaetion should be directed to Bond Counsel. h[e&I.Opt.,lnss. .The Idonds are offered when,a and if issued,subject w the appms al of the Attamey Gcacml of the State of Tex as Iklivcry of and pay men,for the Inds is subject to the the ipt by the Purchaser of opinions of Bond COansel,to the effect that the Fiords are v slid and binding obligations of the City and that the interest on the Bonds wiVl be ex cludable from gross Income tQ for federal income tax purposes under existing law, subject to the matters described under"Tax Stallm' in the Official Statement, including the ahcmative minimum tax on curpnrations. CTa t1Fx:ATKIN 01 0"1(141,SIA rEStL%T, ..At fu time of payment rot"Initial Dclivcry of the&x+ds.the City will exccuic and i deliver to the purchaser I«rtificate in the form sA forth in the Official Statement. i I Ill { I -- 3 2x1Ci a f; ,y 1 I � T)LI k'a i ' .r .._. "..ur .� n• v.nr.riM1� n i':IL A1l•J6JhhSMr1'.✓u.ve r.v.�.-. ...'.5 . OtANCt IN UN ENESIFT STATIS. ...At any time before the Bonds arc tendered for chincry,the Purchaser may w ithdm% its bid if the interesl received by private holders on obligations of the same type and character shall be declared to be includable in gross income under present fcdcrat income tax laws,either by ruling of the Internal Re,enuc Son ice orb) a decision of any Federal court, 1 or shall be dxlared unable or be mNuiral to be taken into account in computing any federal income taxers by the terms of any federal income tax law enacted subsequent to the dote of this Notice of Sale Pod Bidding tnstructons. , Fl%%.N(IAL AD%Lwit...1`61 Southwest Company is employed as Financial Adsisut to the City in connection with the issuance of - the Bonds, The financial Advisors fee for senices rendered with rcspect to the sale of the Bonds is contingent upott the issuance , and delivery of the Bands. first Southwest Company may submit a bid for the Minds, either independently or as a member of a s)ndicate organized to submit a bid for the Bonds. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond Counsel and has not senried and does not assume any responsibility for the information, coscnanis and representations contained in any of the legal documents with reseal to the fcdcrat income less status of the Bonds,or the possible impact of any present,Pending or future actions taken by any legialatke orjudici:d bodies. In the normal course of business,the Financial Advisor may from lime to time sell im'estmcmt securities to the City for the ins estmvta of bond proceeds ce other funds of - the City upon the request of the City. BE(I Ski LAws .By submission of its bid,the Purchaser represents that the sale of the Bonds in stales other than Tcxm will be JI made only pumuml to eacmptions from registration or.where necessary,the Purchaser will rig!4cr the Bonds in accordance w hh the securities law of the states in which the Bonds are offered or sold. the City agrees to cooperate with the Purchaser,at the Purchaser's written request and espense,in registering the Bonds or obtaining an escmption from registratism in any state where such action is 1 necessary.provided,however,that the City shall nos he obligated to execute a general or special consent to senlce of process in any such juri sdicti on. Nor AN OFFER TO SELL .This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Bonds,but is merely notice of the sale or the Bonds. The offer to sell the Bonds is being made by meets of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement. Prospectise purchasers are urged to carefully examine the Official Statement to dricrmine she im estmenl quality'of the Bends. Ix31'AN(E OF ADDIMN4L DEBT. . . Except for the$5,627,000 Cerdcates of Obligation being offered simultaneously with the issuance of the Bonds,the City does net anticipate the issuance of additional general obligation debt within the next 12 months. t Rsnres. .The presently ovtslanding LTx supported debt of the City is rated`A 1"by Sloody's Imcsion Service.Inc.t"Moody's'1 and"AA h Standard A Poor's Ratios Grose , a disision of McGraw-ilill SAP". The City also has issues outslandin which 1 1 y � P P (". J y' P II are rated"Aaa"by bloody'%and 'AAA" by SAP through insurance by various commercial Insurance companles, Applications for con oast ratings on this issue have been made to both bloody's and SAP. Ilse results of their delenninailons will be provided as soon acpos5ible. { I All%I(]PAL BOND INSt RANCL. .In the event the Bonds are qualified for municipal bond insurance,and the Purchaser desires to purchase such insurance,the cost therefor wll}be Daid by the Purrhasir, Any fees to be paid to the rating agencies as a result of 1 said insurance will be oald by the City. It will be the responsibility or the Purchaser to disclose the eslstenee of insurance,its leans , and the eRM thcrcn[with respect to the tea Bering of the Bonds '.. "s Tirr OFFIFI%51AItslL%T AND CowtiiLvt wITit SEC Rtt.t ISct•11 . . Ibe City has prepared the accompanying Official Sta cement and.for the limited purpose of comply ing w ith SIC Rule 15c2.12,deems such Official Statement to be final as of its date within the meatsing or such Rule for the purpose of review prier to bidding. to the bell knowledge and heIitf of the City, the OtficIat Sunemon[contains information,in,ludmg Rnancial information or operating data,eoaarri every entity,enterprise, fund. account,or Peron that is material to an esaluation of the offering of the Bonds. Representations made and to be made by the City conccming The absence of malcrial misstatements and omissions in the(tlficial Sutetnc ul are addressed eltewficre in this Notice of Site and Bidding Instructions and in the OBicial Siarememt the C'uy will famish to the Purchaser, or I'unhascn, actin through a designated senior re sentatNit in accordance with P P R {+re L instru0inro rcceised from the Porchascrfsl, within scacn 17) business der s from the sale date an aggregate of ISO ca in of the ' y r I UlTiclal Statcmcnl including a like number of nlplca of any Suppicmemisf reflecting interest rata and other terms relating to the 0 initial reuRerin of the Isunds. The cost of a reprinted Official C ' g p Icta1 ,tanment if the I'urcfiascr(a) shall w elecC and the east of any Official Statement in excess of the number specified shall be prepared and distributed at the cost of the Purchaserlsf. the PurLb&Wn SI shall be responsihle for providing in writing the ineiat m,Rerin prices and other lennN if any,to the Fit iai Ads isor Pr � by the close of the nett business day after she award. Except as maed rah voc the City assumes no resporti bilhy or obligation for the distribution or dcliscry of any copies of the Ofrcial Statement in connection wish the offs ing or reoffering of the subjM securities I i Iv 10 32XIO ' tl c'u r .• � ti4 { I it ''° r ,, r t .�y l I ? �/,'� '��`� r ` i hll .,1 ni �MI J✓��Yir± 1 I�� a II r e a � 'r • tom' _ , i 1 r r Axte�'!! r• I n 1 1p n 1 r I f {. I r � 1 u• 1� l T i ! •1 1 ( '. � e y ) i ' Y i t � t R'r e l r a Y;4 f y�' r •' �, 1 4 , � � , a u 1 �r �.r.r.� ..,J._.r....•.r ...w�,.".r,� � , CONTIN't11NG DISCLOSLTtt AGatLMLNT ...The City will agree in the Ordinance to Provt:e cc rtain periodic infonnetion and r •a in m Kt notices of material events in accordelxe with Secuntia and Exchange Commission Rule Ik2-1 s,,. described a Off Statement under "Continuing Disclosure of Information". The Purchaset{s') obligation to accept and Nc:' for the Bonds Is �� - + s (their) a enl of a CCAired co of the Ordinen«cwWnin :'.e agreemrnt conditioned upon delivery to the Purchase or ) PY i t. Po ry K ) l 8 described under such heading. i..� COMtL1ANCa a'ITIT PRIOR UNDLRT"INGS...The City has complied in all material respects with all continuing disclosure agreements made by it in accordance with SEC We I5c2.12. r i ADDmoNtL Coors Or Namt,am Foa.M AND STAT%wM...A limited number of additional copies of this Notice of Sae and 'c . , Bidding Instructions, the Oft'rcial Bid Forth end the Officio Stalemen4 m nuleble over and shove the normal rtuulmg,may be ' obleined ai the offices of First Southwest Company,Invesuoenl Bankers, 17110 Pacific Avcnm Suite 500, Do1as,Texas 75201, c Y t , Financial Advisor to the City. r On the dare of the sak,dx City Council wflL in the Ordinance ndtnoritirng the Lswance of the Bonds,confirm its approval of the fomk end content of the officio SUtcment, and any addenda supplement or amendment thereto, and authorize its use In the { " reoffering of fie Bonds by the Purchaser. JACK MILLER Mayor rlr�'Y. Ckyof Denton,Tam ;V •V 1 r .'., e ATTEST: w'. )EWFERWALTEAS ' City Secretary March 24, 1948 r ® 1 I I y i v Y t f , Y l , -- ;; 2 `x l 0 3 2 X I C]J • , ^...� at 1 a I,. a L ,;t, n} e ytf �., Jr♦ 1,��'�:�iY r4 jF �'R t `i�S �y;` N �� ,Pl,'�, � r '� At0 0+N I. i . ): 4 .6, 1 ♦ r� , J'� , oil l =.ti r y � ''1 Sd a✓ Iry ai I y , y - Y � FPr ,�, p. � '. i My, �, y � rJ �n,1 • � ���L S�.rAr �t, a� tl � G f'j"t�y i , i „ t a, r 1 , 2 i r , i j: n r 4 r BOIND YEARS J Soadr - A"'Imulsted Bonds + � Moturiol Am000t Bond Yen Boo Yom Moturlo8 1999 S 485,000 423.028 421028 1999 ;. 2000 483,000 908,028 1,371.056 2000 ' ' • �•`, 2001 485,000 1,393.028 2,724,083 2001 2002 485,000 1,878.028 4,602.111 2002 r' y. 2003 485,000 2,163.028 6,965,139 2003 o,., i�x S 2004 483,000 2,848.028 9,813.161 2001 - 2005 485,000 3,333.028 17,146.194 2005 2006 485,000 3,818.021 16,964,222 2006 2001 485,000 4,703.028 21,261.250 2007 � X6,1 2008 485,000 4,788 028 26,055,278 2008 IL ' 2009 485,000 5,273.021 31,328,306 2010 485,000 3,758.028 37,086.333 2010 2011 480,000 6,118,661 43,265.000 2011 ' +? 2012 480,000 6,638.667 49,923.667 2012 2013 410,000 7,138,667 $7,062.333 2013 2014 480,000 7,611.667 64,681A00 2014 1 y; I , 2013 480,000 8,098.667 72,779.667 2015 2016 480,000 8,578,667 81,358.313 2016 2017 410,000 9,038.667 90,417.000 2017 t 2011 460,000 9,531.667 99,955.667 2011 t Ascrele Maturity. . ... ... .... ..... ........ 10.341 Yetue 1 ` � 1 7 �• 1 i 1 " I. b y +' ?, 5+k 10 32X a .y d r i {°. . p'• a CI i k i v 4 v C , . r • i . t t s D a' I . ' f OFFICIAL BID FORM 1 Honorable Mayor andCily Council April 1, 1998 City of Lktiwn,Texas 1 Members of the City Council'. I Reference is made to your OI'icial Statement and Notice of gale and Bidding Instructions, dated March 24, 1999 of$9,660,000 I CI fY OF DCN'fON,l'FVvS GENERAL OBLIGATION BONDS,Sf:RIHS 1998,troth of which constitute a part hereof. For your legally issued Bonds,as desedbed in said Nod"of Sale and Bidding Instructions and Official Statement,we will pay you par and accrued interest from date of issue to date of delisery to us,plus a cash premium off for Bonds maturing and s hewing interest m follows Principal Intcri Principal Interest Principal Interest Maturity Amount Rate Maturity Amount Rte Maturity Amount Role 21151,99 5495A00 % 2,13/06 S485,OW % 2115112 5480,OW % !' 2/1!!07 485,000 5G 2!15113 480,000 % ' 115100 485,000 __. 115/01 485,000 '; 11 Y1D8 485,000 ': 2/15114 480,000 9: 115102 485,M%1 _ 'L 113/09 485,000 Ys 2/t5/15 450,000 2r 13813 485,(100 % 11NI0 455,1100 ': 1115!16 480,000 N. 115x41 485,OW sii 2/15�11 480,000 !G 115/17 480,000 % 115/05 485,000 % 115/18 480,000 % Bonds maturing on F'6ruary 15, 19''er through February 15.2012 shell be Serial Bonds As Indicated below,the Bidder may bid one or two term bonds consisting of the February 15,2017 through February 15,2018 maturities with each term consisting of two of more cunsecutis a onnual principal amounts accumulated from the maturity schedule shown above. For those years which have been combined into term bonds,the principal amount shown In the table abos a shall be de mandatory sinking fund redemption amounts in such yews except that the amount shown in the year of the term bond maturity dote shall mature in such year. The arm bonds created an as follows: Year of Maturity Dale First Mandatory Principal Interest - February II Redemption Amount Rate s .,k ._�.. $ ate , r Our calculation(which is not a part of this bid)of the interest cost from the above Is: ' s TRttF INTFRF,STCosf • IA we huv ing the Bonds nhhe following maturities_ iasuml by at e i premium off _ .paid premium to be paid by the N"Itriter Any fees to he paid to the rating ageonn u a result of - said insurarsee will be ptld bs the CRs, .Y The initial Bonds shall be regi.Acred In the name of .which will,upon payment S for the Bonds,M cancelled by the Paying AgentRegistrw. The Bands will then be registered in dse time of Cede R Co.(Dt@ r '" ' partnership nominee),under dve Book-Entry-Only Systcm C ' • A bank cashicrp check or verified check of the Bank. ,I I the amount of$197,200.00, +/ j which represents our Uood Faith Deposit(is attached hereto)or(has been made availAle to you prlor to the opening of this bids,aM i f is submincd in xcordance with d,e terms as set forth In the Official Statement and Notice of Sale and Bidding Instrudiams, H'a agree to Keep(dclivcry of the Bolds utilizing rise Bowie-Fnlry-Only System d:rough DTC and make payment for the initial :I Bond In Immediately si a:lable funds in the Corprnate Trust Divisltm,Chase Bank of texas,National Assaclation,Dallu'fexns,not later th Ln 10.00 AM,('OT,on May 12,1998,or therrafict on the date the Bonds we Itndeted for dclivcry,pursuant to Melton'scl forth In the Notice of Sale and Bidding Instructions II will he the obligation of the purchaser of the Bonds hl complete the DTC !Argrf ility Questionnaire. I l 't r r w�, �� v., '-� v ; 1 1 [ r „ �^ or ,tr, + l�'h'L, � A,Q �� 1 u a /{ °F sir a !` al�'.�t,✓' rf I '"V � <r� i ♦ i '4 le.. ♦ + ' , h p u ,` 1^ Vr •: , r e� Ct .N {< 7u h� L N iN y p + , , ♦, i r .N;<e , y r / Y �., I .., b , 1 �`y I tl, � r + , ) t• � '�•♦ v� •. Ix :q � r ,4 vY r I '1 ♦�. 0 4 y:YS• � R p' ,, I� ,�� 4.°±C���� ` i .' r / ..�v p n v� � r t .y,E. .+.♦ l i + The undersigned agrees to complete, execute,sod deliver to dw City,at feast six business days prior to delivery of the Bondi,a �. certificate relating to the"issue price"of die Bonds in the form and to the effect accompanying the Notice of Sale end Bidding ;.' { y ,� ♦ 1 { lnst1W Ms.with such changes thereto u may be acceptable to the City. ...' ' We agree to provide In writing the Inhial roof eflog prim sad other terms.Many,to the Fhaneial Advisor by the Boat a[the i best businns day slier the sword. "v ., SyndicateMembers: RespeRfully submitted, ` ' ` t ••,• V y a Name of Undensriter of Manager Authorized Representative "k '<7 Phone Nwnbcf r; Signature '' + rr � 3 i ACCEPTANCECLAU51 the above and foregoing bid Is Ilaeby In all things accepted by the City of[knim Texas,subject b and In aecotdanca with the Notice of Sak and Bidding Instnxtiont&this the 7th day of April,1999 { + � ' l• / ATTEST: May's t City of Dimon,Texas + City Secretary ., t,:• l' r5 h r1 ,v y `'�♦ t ° r `'�r iy,',♦ y f �d •' _._._. _-'.�'_<' .. � ',try ' , ,� ", , '^!�'* ff, . . I v 10 32x } f• n + s 0 i 01 1 ILI i CERTIFICATE OF l'NDERYYRITER F ° The undersigned hereby certifies a5 follows %%Ali respect to the sale of$9,660,000 CITY OF DENTON. TEXAS GENERAL OBLIGATION BONDS,SERIES 1998(the"Bonds"). 1. The undersigned is the undcnsriier or the manager of the underwriters and selling group (the "Underwriter") which has " ' purchawd the Bonds from the City of Denton.Texas(the"Issuer") i 2 the undersigned has made a bona fide offering of the Bonds to the public, 3, 1 he first price during the initial offering(expressed as&') eld")of each maturity or the Bands at which a substantial amount it hereof fat(cast 10 percent of the principal amount of each maturity of the Bonds)has been sold to the public is set forth below ' Principal Offering Principal Offering Amount Year of Price Amount Year or Price Maturing Maturity Is,*'Yield) Maturing Maturity (edYield) S 495.000 1999 S 495,000 2009 485,000 2000 495.000 2010 455,D00 2001 460,000 2011 495.000 2002 480,000 2017 485.000 20(13 480,000 2013 495,000 2004 490,000 2014 483.000 2005 490,tW 2015 485,(100 2006 480,000 2016 495.000 2007 480,1100 2017 465.000 2005 480,00(1 2018 4. For purposes of this cenificate.the term"publi: does not include(a)the undersigned,(b)members or the syndicate,if any, managed by the undersigned.or fa)any bon dhv use s,brokers, dealers,and similar persons or organ ivations acting in the capacity of underwriter or wholesalers that L related to,or controlled by,or are acting on behalf of or as agents for the undersigned or members of any s)ndicate in w hick the undersigned is participating in the sale of the Bonds. 5. The offering price described ahoxc reflects current market prices at the time of such sales. - 6 If any or all of the obligations constituting the Bonds are to be guaranteed then the premium paid for such guaranty in an amount equal ro S__.---- is a reasonable amount payable solely for the transfer of credit risk for the , puyment of debt wet ice on the Bonds and does not include any amount payable for a cost other than such guarani",e.g., a credit rating fee the 1'ndcrwrocr has represanleJ that the present %glue of the premium paid for the guarantee for each oblige"ion constituting the Bands to xhich such premium is properly allocated and which are insured thereby is less than the present s'alue of the interest rcaconably expected to be Sa%ed as a result or the insurance on each obligation constituting the hands The premium has been paid to a person which is not exempt from federal income taxation and xhich is not a user or 0 related io the mar of any proceeds of the Bonds. In deternsining present slue for this purpose, the yield of the Bonds Wocnnincd w iih regard to the payment of the guarantee fee)has byn used as the discount rate. i 7. the undersigned understands that the statements made herein w dl be relied upon by the Ismer in its effort to comply with the umditians imposed by the Internal Restroe Code of 1966 and by Bond Counsel in rendering their opinion that the interest on the hands is c%ctudable from the gross income ofthe owners thereof. IXICI'11.D and UELl1'IMD this_ day of . 199x. fit• 0 (NameofUnJerwriterorManager) . • (Title) I - 7 !i 10 32XIO 0 v NOTICE OF SALE l AND BIDDING INSTRUCTIONS ON 33,623,000 ? CITY OF DENTON,TEXAS (DeeloaCouety) CERTIFICATES OF OBLIGATION,SERIES 1998 Sealed Olds Due Tuesday,April 7.Mill,at 11:00 AM,CDT THE SALE CCRTI FICATFS OFMAILD FOR SALT AT COMMITME BIM%G ...The City of Denton,Texas (the"City")is offering for role its $5,62S,000 Certificates of Obligation,Series 1998(the"Cenificstes") Anon[.ts w Most. . . Sealed bids,plainly marked 'Bid for Certifc"',should be rddrnved to"Mayor and City Council,City of Denton,Texas",and delivped to the City Secretary at City Ilall,215 F.McKinoey Street,Denton,Texas,prior to 11:00 AM,CDT, on the date of the bid opening, All bids must be submitted oD the Offictsl Bid Form,without alteration or inter lineation. Bars ay Ttr. MIOt4 Da FacvMrU. . . Bidden must submit SIGNED Official Bid Forms to David Medanich, First Southwest i Company, (700 Pacific Avenue,Suite W,Dallas,Taw 77201,and submit their bid by telephone or facsimile(fu)on the date of the sale Telephone bids will be accepted at(214)9334054,between 10.00 ANt CDT end 10 30 AM,CDT, Fax bids must be received between 10:00 ML CDT and 10',30 AM,CDT,on the date of the sale at(214)933.4050, attention: Rh,snds Van Iderstine. First Southwest Company will not be responsibk for sobmitting soy bids received after the above deadlines. First Southwest Company assumes no responsibility or liability with respect to try incrilarities associated with the submission of bids if telephone cr fax options are exercised. Ptrac'F.AND Tow or 131D OravrYC , .The bids for the Certificate will be publicly opened and read in the City Council Chambers Of the City 1131111 11'.00 AM,CDT,Tuesday,April 7, 1991. Aw'AnD or era C10TWICAtt! . . . Tyre City COU 61 will take anion to award the Certificates(or reject all bids)at a meeting scheduled w wnvcne at 11.00 AM,CDT,on the date of the bid opening, and adopt an ordinance authorizing the Certificates and approving the Official Statement(the'Ordinance"). THE CERTIFICATES DL: (Rtrrtm. The CertiOca:a will be dated April 1, 1998(the"Dated Date") Interest will accrue from the Dated Date and will e he due on I'ebruar) 15, 1999,and each August 15 mid February IS thnntler until the earlier of maturity at prior redemption. The Ccniricascs will be issued only in fully registered form in any Integral multiple of$5,000 for sny one metudty. The Cenifialw will mature On rcbru,v) 17 in cash year a follows MATURITY SCHEDULE 1 Principal Principal Principal Year Amount Year Amount Year Amount 19 555.000 T 3110,000 — 70,000 2000 690.000 2007 55.000 2011 75.000 2001 725,000 2008 60,000 2014 80,000 , 2c'? 110,000 2009 60,(100 2015 15,000 2003 805,000 2010 65,000 2016 90,000 2004 370,000 2013 70,000 2017 93,000 2003 393.000 2011 100,000 I y%T9 w: r'3i ... u.. Twat .�.L.�.; ,�,.L 'I.'. r �fa•w e.y , } rh � � 1 .! e'� r, R( �.. .� 0 C &r>A-Enroll-0�u' Ssstot . . . The C'ip intends to utilise the Bookdlnn)-Only System or The rlepositury Trust Company, ca-c-The Bonds and Bonds-Book-fnIglMly Sy sT em"In the Official Statement. Ovili FlEwtrlav. . Ibe('try resenes the right,at its Option.to redeem C•erlifl s hosing stated matu,ities un and after chruor) 15.2009.in whole or In pan in principal amounts of$1,000 or any integral mull iple thereof,on 1'ehruary S,2008,tx any - dale lhercaAcr.at the par value thereof plus accred interest to the date fixed ror redcmpnon. SIR I sL CLRTIM Al F5 OR SERI AL CLRTIFIC'ATL.s A-sti TL k%i CI R7TFIC'ATES...Bidden may pros ide that all the bonds be issued as Serial Cenifcatcs maturing in accord xah the Maturip Schedule shown above (Ahem um 1) or as a combination or Serial C•crtiricates and Terms Certificates(Alternate 2),but a bid w ith all Term Certif(ate,is not pennirted. :Ilreraore I - Serial Certificates: Serial Certificates maturing on f cbruary 15, 1999 through Fchruar) 11,2018. Afrvrmire 2 . Serial Certificates and Tenn Certificates, ScrW Certifcutes maturing on Februar) 15, 1999 through February 15, 2012, and one or two tenn bends consisting of the rehruary 15,2013 through February 15,2018 muturitics with each term consisting of two or mute corsiecutis a annual principal amounts accumulated hum the maturity schedule shown abore. MASn,aoxi SB/.IvG For,. .. If the successful bidder elects to slier the Malurit) Schedule rc0eemd alwte and convert the pr inc iral amounts of the Serial C'cnifcalas maturing in the )sus 2011 through 2018 into "Term Cenifcaloa", such Term ('crllf cotes'•shall be subject to rnanddtor)redeniptlsm on fehruar) 11,2011,or the f rst February 15 nest fuliowing the last maturity for Serial ('enificates, and annuolh thcrearier an each I6ruar) 18 until the sated maturity for the Tenn Certificates of the redemption pries of par plus accrued inlcrest lo the date Of redemption. the principal atti of the Term Certificates to be rcdecmcJ on each manJnloq redemption dam shall be the principal amounts that would hase been Joe and payable in the Slub:rtty Schedule shown abuse had no cnn,ersion to rerm C'criifcutes occurcd At least thirty 1301 days prior to each mandatory date,the l'uying AgcntRegi,trar shall select b) lot the lean Certificates to be rn)eemed and cause a notice of redcmplion to be given in the r` manner provided In the official Slamrwri Y The principal ansount of the Tenn Cerlificaln required to bet redeemed pursuant to the Operation of such mandatory redemption pros isioos may he Icduced,of the Option of the Pity,b) the principal amount of the Tenn Cenifcatcs of the same maturity which al lead fill) (501 days prior to a ntundmun redemption date (i) shall hase been ucquired b)' the City al a price not escceding the prittoral amount Of such term Certificates plus accrued interest to the date of purchase and delivered to the pacing AgenURegistrar fur emcclix ion or(ii)sl•a!I hose been rcdecmcJ rursudnf to the optional redemption provisions and not theretofore credited against a mtndule+n redemption requircmcnl. Pss rSC ALF.�URF,ISI aAR the ini6il Palirg AgentT(egistrar shall be Chase Icank of pesos. Nalional Am atior., 13allai lcsasfsec, he Bondsand(enificatcs•Pa)ing AgcntRegistrai'in the(/]Tidal Slalcrnenl I. Son Rs F of Posits] ]he Cenifcatcs are dues and sated general obligations of the City of Ocnton,laws,payable out of oic reccipls Irom an ad vahvem tas ICOI?J.w i(hin the I mio prescribed b) law,on all td%ah le property 10CMcd within the City,Fs 0 rrosidcd in the(1tiinnnee. I unler details rcgurJrng the('eoiftates are set forth in the Official Sldlemenl. O COVUI I IONS OF THE SALE 1 I rF uF HTnv Nn Is t i RFs I RAI I s... I be Certi6catcs w ill he sold in one Mock on an"All ar Kane'basis, and at a price or rail Icss than their put suluc plus ararueJ inlmasl from the date of the('militants to the d,dc of delis cry or the Coifeatcs, Biddcn are ins iia,l To ri the raft(,]of ins A to he Mrme b)'the Ccrtll icatcs,pros ided duo each roe bid mrS1 be In a multiple of I I of I1.(x 1 2+y of 11"and the net el rm(is; uoeresl rate meet nut escccd 13°i The highest rite hid may not eAcced the luxcst rate bid M more Than 1"o in rule Interest rates ha manmtics on and alle fehmar) 15,21)(19 shall be sWctured in ascending order such that for each suattding rniturity,rate.Out be equal to of grade than the interest rite for the maturity of Ib"preceding year. No limitation Is O wirosed upon bidders as to the number of rate,or changes which may be used All C ertifcotcs of one maturity mu.d bear One rid it ,sortie role No hits imols ing sopplemsmlal inlcrest nits%ill be crosidctrd. ,� 0 Ps,ts nrR AwARII.. , 'Ihc vile Of the C'cnifcals will be awarded to The bidder making a bid Aral vnnfomis to the slucifcotinn hcn•ln and x hieh pnaduces the luwesl True Interest Cost rate to the('try. i he Time Inlercst C'osi rare Iit"rate which.%hell used to cornpulc the Iola]prescnl value at of the {tared Oale of all debt senice payment,on doe C•crtlfcals on the basis of semi-annual eonspoundtng, ptoduces an amount equal hs the sum of the par sable of the ('erttfcii plus any premium bid (but not Interest nccmcd from the ButnJ Bade to the date of ili detncryl In the event of a biddeet error in interest cow rate calculation,the interest odes,and prernium,if an),set fnnh in the Orlidal Bid form will be ennsideed tithe olra"ial bid, i ii Moil %rows.., �a c,^ Goon F4rrrt Drposrr.. ..A Good Faith Deposit,payable to the"City of Denton,Tea as",In the amount of S112,500.DO,Is required. Such Good Faith Deposit shall be a bank cash ices check or cer ifi;d check,which is to be retained uncached by the City pending the Purchauis compliance with the terms of the bid and the Notice of Sale and Bidding Instructions The Good Faith Deposit may accompany the Official Bid Fort or it may be submitted separately. If submitted separately, it shall be made available to the City prim to the opening of tie bids,and shall be accompanied by instructions from the bank on which drawn which authorize its use as a Good Faith Deposit by the Purchaser who shah be named In such instructions, The Good Faith Deposit of the Purchaser will be returned to the Purchaser upon payment for the Certificates. No interest will be allesccd on the Good Faith Deposit. In the event the Purchaser should fail or refuse to take up and pay for the Certificates in accordance with the bid,then said check shall be cached and accepted by the City as full and complete liquidated damages. The checks accompanying bids other than tie winning bid will be returned immediately,a0er the bids are opened,and an award of the C'eroficates has been made. DELIVERY OF I HE CERTIFICATES AND ACCOMPANYLSiG DOCUMENTS I CUSIP Ntaserw. It is anticipated that CUSIP identification number will appear on the Certificates,but neither the failure to f print or type such number on any Crrifcate nor ny error with respccl thereto shall constitute cause for a failure or refusal by the Purchaser to accept delivery of and pay for the Ctrtiftcato in accordance with the terms of this Notice of Sale and Bidding Instructions and the turns or the Official Bid Fort. All experts"In relation to the printing or typing of CUSIP numbers on the Certificates shall be paid by the City;provided,however,that the CTISIP Service:Bureau charge far the assignment of the number shall be the responsibility of and shall be paid rot by the Purchaser. DrIAERY Or Cra17r1UTLx ..Tnitial Dcltvery will be accomplished by the issuance or one Initial Certificate(also called the "Certifcate"or"Certificates'),either In typed or printed form,in the aggregate principal amount of$5,623,000,payable in slated Installments to the Purchaser, signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, Upon delivery of the Initial Certificate,it shall be Immediately cancelled and one definitive Certificate for each maturity will be registered and delivered only to Cede A Co., and deposited with DTC in connection with DTC's D400k-Entry_Wy System. Delivery will be at the principal office of the Paying AgenoRegistrar. Payment for the Certificates must be made in immediately available funds for unconditional credit to the City,or as otherwise directed by the City. The Purchaser will be given six business days'notice of the time fixed for delivery of the Certificates It b anticipated that delivery of the Certificate(s)can be made on or about May 12, 199&and it Is understood and agreed that the Purchaser will accept Cr delivery and make payment fm the Certificates by 10 00 AM, CDT,on May 12. 1998,or thernBer on the dale the Certificate Is tendered for delivery,up to and Including May 26, 1993. If for any reason the City V unable to make delivery an or before May 24 1999,the City shell immediately context the Phrchaser and offer to allow the Porches"to tetrad its Lffer for an additional thirty days If the Purchaser does not clod to extend Its offer within six days thereafter,then its Good Faith Deposit will be returned,and both the City and the Purchaser shall be relieved of any further obligation. In oa event shall tie City be liable for any damages by + rcavon of is railure to deliver the CMiftcw^provided Ruch failure a due to circumstances beyond the City's reasonable control. CONDITIONS To Druv2av ..The obligation of the Purchaser to take up and pay for the Certifiaue is subject to the Purchaser's � receipt or(a)the legal opinion of McCall,Parkhurst k Horton L.L.P.,Dallas,Texas, Bond Counsel for the City I"Band Counsel"), Ib)the no-litigation tenl/icate,and(c)the certification as to the Official Statement.all as further described ink Official Statement In order to provide the City with in Formation required to enable it to comply with certain conditions of the Internal Revenue Code of 1966 re lating to the exemption of interest on the Cerlificales from the gross income of their owner,the Purchaser will be required to complete,execute,and deliver to the City(on or before the li business day prior to the delivery of Ise Certificates)a caUtication as to their "issue price" substantially in the form and to the effect attached hereto or accompanying"Notice of Sae and Bidding TnANhtiona. In the esenl the successful bidder will not reoffer the Certificates fm safe,such certificate maybe modified in a manner apprus eel by the City. In no went wllf the City fail to deliver tie Certificates ism resell of the Initial Purchaser's Inability to A sell a substantial amount of the Certificates at a partkular price Prior to delivery. Each bidder,by submit ing its bid,alms to complete,execute,and deliver such a certificate by the date of delivery of the Certificates,if its bid is accepted by the City. It will be the respmshility or be Purchaser to instMe such syndicate reporting requirements to make such investigation,or otherwise to asecrta+n the fuvts nnessdry, to enable it to make such certification with reasonable certainty, Any questions concerning such certification should be directed to Hond Counsel 111'r:AI.OPINN1M qTe Cenificales are offered when,as rid if issued,subject to the approval of the Attorney General orthe State of TcNac Delivery of and payment for the CM+ficsaes is subject to the receipt by the Purchaser of opinions of Band Counsel,to the O cacti that UT CerthpLates are valid and binding obligations of the City and that the Interest on the Certificates will be excludable 0 0oni grog income for federal income tax purpusea under existing law,abject to the matters described under'Tim Matter" In the OVrrcialSlatement, including the a ltemative minimum tax+ corporations, CYxrmtsrtoN OF OITV its. Sl4T[MrNT .At the time of payment for and Initial Delivery of the Cem6cwc% the City will cvecute and deliver to the nir haser a certificate in the form set forth in the Wicial Statement. i nn I i 0 I c 1 CYIAreE IN TAX ENLssvt STATTS- At my time before the C'enificatm are tendered fire deliscry,the Purchaser may withdraw its bid if the interest received by private holders on obl+galiom of the same type and character shall be declared to be includable in gross income under present federal income tar laws,either by ruling of the Intemd Resenue Ser,ice or bye decision of any Federal court. or shall be declared taxable or be required to he taken into account In computing an) federal income tines, by the tens of any federal income lax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions " GENERAL rINAMIAt Amiss a . Fast Soutil Company is employed as Finarcial Adsisor to the City in connection with the issuance of i the C'enificaks. The Financial Adsisoes fee for scmices rendered with respat to the sale of the Cenifcates is contingent upon the Issuance and delivery of the Cenifcates. f MA Souilm est Company me)submit a bid for the Cum'ncutes eidra independently or as ' a number of a syndicate organized to submit a bid for the Cenifcaes. Fast Southwest Compai Y, in its capacity as Financial AdviAir,has,rlicd on the opinion of Bond Counsel and has not termed and does not assume any responsibility for the information, covenants and representations contained in any of the legal ducumens with nwpeet to the federal income tats status of the Cenilkates,or the Nis impact of any potent{lending a Ill actions taken by any Icgtslsrive"judicial bodies. In the normal course of business, the Financial Advisor may from time us time sell inesunerit securities to the City for the insesiment of bond proceeds or other funds of the City upon the rcquesl of the City. Ltt E Slcy LAws. ..By subnii.siun of its bid,die Purchaser reprewns that the sale of the Certifiomes in stales other than Texas will he made only pursuant to exemptions Dom registration or.where necessary,the Purchaser mill register 0m Certificates in accordance with the securities law of the states in which the Certificates are offered or sold. The City agrees to cooperate with the Purehascr,at the Purchases written request and expense, in registering the Certificates or obtaining an exemption Pont rrglstratitm in any state where such action is necessary, provided, howeser,that the City shall not be obligated to execute a gene not or special consent to senice of process in any such jurisdiction, Not AN OFT7 R TO SILL . ,'this Notice of Sale and Bidding Instructions does net alone constitute an of IV to sell the Certificates, but is merely notice of the We of the Cenifcates. The offer to sell the Cenifcates is being made by means of the Notice of Sale and Bidding InsLuclions,the OBiciai 13s.Fortes and the Official Statement.Prospectise purchasers are urged to carefully examine the Official Statement to determine the in%cotmsnt qudit)of the Certificate;, IsvtA\c'L OF AnDITIOSM Ds at . . E ccpt fur the $9,660.000 General obligation Bonds being offered simultaneously with the issuance of the Cenificatcs. the Ciry alts not anticipate the issuance of additional general obligation debt within the nest 12 months R+mct .1-he presently outstanding tai sup rx,ned debt or the City is rated"A P'by Moody''s Insestas Serske,Inc.("Iilood)'e") and"AA."by suusdard A Psror's Ratings Group,a division of MXraw-Ihll 1"SkP'I The City also has issues outstanding which we rated"Am"by*Isxsdy's and"AAA"hI SAI'through insurance by satious commercial insurance companies. Applications for contract rarinps on this issue hale tern made to bsslh Slood)'s end SAP. Fire results of their determ ins ions w iil be provided as soar err p tssible. hrnuipu &rsu Issiit%%(I .In the went the Cenlficafes art qualified for municipal bond insurance,and the Furchaser desirts to rurrhr.e such insur nsc,the cost therefor"ill be le d by the Parchaser, Any feel to be paid to the ruing agent tes as a twat of Q said invuraiu c will be void by the City, Tt will be the responsibility of the Purchaser to disclose the existence of insurartce, its terms :cod the circa thereof w ith respect to the reofTering of the Cerlincafes Tut. 011$(lst STAT).yt\T Axn COStnt 14M wtTn SiC RI IF rS(2-12 . The City has prepared the accompanying Offiau a Sta%mcni and,for the limited purpew or complyirg w'ds SEC Rule l Sc2.12,deems such Official Statement b he find as of is date . within the marring of such Rule ror the purpose of reties prior to bidding to the best knowledge and belief or they itiq�d I nfcial siurement contains information.Including Inancial inftmnatirn a operating data,concerning every entity, . ap' ea•ounC or person that is material to an esaluabon of the offering or the C'cmf cats. Reprcwnlations made end lo'„r made by the City conceming the obsence ormatcrial misses crinotiand omissions in the()}Tidal Statement arc addressedelsewhere.n this Notice ter Saie and Bid Jinp Instrucliuns and in the Officid Statement the City will famish to the Punhaser, rr Purcfiasem acting through a designated senior represental'me, In accordance with instructions received from the Rmchawr(sl. within sewn (7)business days from the sale date an aggregate of 150 copies of the Off vial Stmement including o bte number of copies or any Supplement(s) reliecting Interest rates and other terns relating to the 0 s inuial reefrcring of the Cer ificules. 1M cost of a reprinted Official Stanetnen(if the Purcfhawl(si shall sock.;and the cod or my Official Statement in nuc, of the number specified shall he prepared and distributed at the curt of the Purchaser(s). The Punhm (sl shall be responsible for presiding in writing the Initial reoffering prices acid other terms,irony,to the Financlid Advisor by the c hose of the nest bosincss day after the award, Except as noted above,IN City as:n,mes tea respatsibiiity a obliguion!sac 0x distnhurmr or dcl is cry of my topics of IM otlicial Stalmcnt in connection with the offering or reoffering of the subje:l stcurities Is � •Jew....+� ____ -�.t:/1 I • a i �1 i r ® . CONTs,NUING Disttosustl AcattMCNT ,. ,The City will agree In the Ordinance to provide certain periodic information and notices of material events in accordance with Securities and Exchange Commiaslon Rule I Sc2.12,as described in the Official Statement under"Continuin Disclosure of Information". The Putchaserf d)obligation to accept and for the Certifiatea Is g g P p% eunditloned upon delivery to the Purchasers) or (their) agent of a certified copy of dw Ordinance cozraining the agreement described under such heading. CommiANcz wrTH PRIOR UNDe1kTAYSNG3...The City ha complied In all material respects with all continuing disc losure egtcemeras mode by it In accordance with SEC Rule 130-12, ADOMMAL Corte OF NOTWF,Btu FOam Arm STATimurr.,.A limited number of addislonal copies of this Notice of Sale and Bidding InswcUom,the Oftkial Bid Form and die Ofl icid Statement,as available over and above the namW mailing, they be obtained at the offices of First Southwest Company,Investment Bankers, 1700 Pacific Avenue,Suite 300, DaUK Texas 75201, Financial Advisor to the City. On the date of the sale the City Council will,In the Ordinance authorizing the issuance of the Cettificatq confirm hs approval of the form and content of the Official Statement, and any addedv, supplement or amendment thereto, and authorize ha use in the rcoftering of the Certificates by the Purchaser. - - JACK MILLER Mayor City of Denton,Texas ATTEST: JENNIFER WAITERS City Secretary March 20,1995 I • r I 0 o C • BOND YEARS Bondi Ammubled Bonds maturl"s Amoual goad Yea" goad Year Maturing 1999 S 553,000 484.083 484.083 1999 2000 690,000 1,29L833 1,77$917 2000 2001 725,000 2,082,361 3,858278 2001 2002 770,000 2,981,611 6,639,889 2002 2003 805,000 3,922.139 10,762028 2003 2004 370,000 2,172,722 12,934.750 2001 2005 395,000 2,714,528 13,649,278 2003 2006 410,000 3,227.611 18,876.889 2006 2007 55,000 487.972 19,364,861 2007 2008 60,000 392333 19,951.194 2008 2009 60,000 652333 20,609.528 2009 1 2010 65,000 771.694 21,381.222 2010 2011 70,000 901,056 22,282.278 2011 2012 70,000 971.056 23,233.333 2012 2013 75,000 1,111417 24,368.750 2013 2014 80,000 1,269.778 25,638.328 2014 2015 85,000 1,434,139 27,072667 2015 2016 90,000 1.608.500 28,681.167 2016 2017 95,000 1,792.861 30,474.021 2017 2018 I00,000 1,917,222 32,461130 2011 Average Malurfry ...... .... . .... ........... ..5.771 Yea" i , ,8g1B x4 o 0 OFFICIAL BID FORM Ilonorable Mayor and City Council Apri17,1998 City of Denton,Texas - Members of the Cr y Council, - Reference is made to )our Official Statement and Notice of Sale and Bidding InsCuctions, dated March 24, 1996 of$5,621,000 CITY OF DENTON,I FXAS CUR]IFICAIES OF OBLIGATION,SERIES 1998,both of which constitute a part hereof. For)our legally issued Certificates,m described In said Notice of Sale and Bidding Instrations and Official Statement,we will pay you par end acen.d tnicresl rem date of Issue to date of Wiser) to us, plus a cash premium of S for Certificates maturing and bearing Interest as follows; Principal Interest Principal Interest principal Interest Maturity Amount Rate Maturity Amount Rate Maturity. Amami Rate 2/1599 S555,0w ,ti 2115106 8110,000 56 2/t3n2 5 70,000 % 213100 690,000 % 213tt17 31,000 616 213117 73,000 % 213/01 725,000 96 213/0a 60,000 % 215114 80,000 % 213102 770,1100 °6 213/09 60,000 % 215113 85,000 �6 215/5 805,(100 :6 2/11)10 63,000 % 2/13/16 90,000 % 215104 370,000 56 Zblfl 70,OW % 213/17 93,000 % 215105 395,(0 S6 215116 100.000 N. Bonds maturing on February 15, 1999 thniugh February 13,2012 shall be Serial Bonds. As indicated below,the Bidder mzy bid one or twu tern Minds consisting of the 11 15, 2013 through February 15,2016 maturities with each tatm consisting of two or a more consecutive Annual principal amounts ac"mulated from the maturity schedule shown above. For those years which have been c(mbincJ into term bonds,the principal Amount shown in the table,hose shall be the mandatogr sinking fund redemption amounts in such)cats except that the amount shown in the year of the term bond maturity date shall mature in such year The term bonds rcatcd we as follows: Year of h}a',urity Date First Mandatory Prineip, lnlerest I'c Sruary 13 Redcrnption Amount Rate ate (fur calculation(w hiLh is not a pan of this bid)of the interest cost from the above Is, I RUF TN I[RF ST COST !y e We we ha\ins the CcniF ates orthe follow ins maturities insured by at a premium of 5 laid premium to be nald by the Purchaser. Any fm to be paid to the rating 4^ncie5 u a result of sa1J insurarnc will be oald by the City, The Initial Ccnifcates shall M registered in the name of Abich will,upon pdymcnl for the C'enifcaics, he cancelled by the Paying Agrntltegisuar The Cenificatm will then be rcgista A In the name of Cedc h C'o.(1)Ires partner;hip nominal under the B k-Fintq-Only System. O A hank cashier',chnk or ccriilicd check of the Bank, ,in the Am unt of$112,300-0, t1 0 w hich represent our ONA Faith Delxssit(is attached hereto)or(has flan made available to you print lo the opening of this bill and �.. is submitted in ecctndance with the terms as set forth In the Official Statement and Notice of Sale and Bidding Instnations. We egret to accept deliver)of the C tilifcates uti tiring the(look-Entry-Only Sy stem through DTC And make pa)ment fort One Initial Certificate in immsdratelr available funds In the Corporate Trust Divislon, Chase Bank of Teus, National AsstA'iatior, NIIRL Tcsat not later it n 10.W AM.CDT,on May 12, 1998,or thereafter on the dare Ote Ccrtificata are lerideted for delivery,item" to the leans set fnnh In the Notice of Sde and Bidding Instructions It will be the obligation of the purchases of the Certiftcates 10 complete the DIC Eligibility Questionnaire. Is I T, e O The undersigned 4'fm to complrw,execrate,and deliver to the City,r least sit business days prior to delivery of the Certificates,e certificate relating to the"issue price of the Cettifcres in the form and to the cited accompanying the Notice or Sale and Bidding ' instructions,with such changes thereto as may be rxeptuble to the City. . We agree to provide Is Wiling at initial reoffering prices and Ober terms,If asy,to be Financial Advisor by the close of the neat business day after the award. i Respectfully submitted, Syndicate Members: t i I Name of Undcrwrites or Matwger f 1 Authorized Representative t one Number f Signature ' i ACC EPTANCECLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton,Texas,subject to and in accordance with the Notice of We and Bidding htsuuctions,Btls the?th day of April,1996. o ATTEST: Mayor City of Denton.Texas City Secretary i Q e I , 1 t I I I i 1 i�, ' 4 . !�Paar'�J>•'Ir4 /� {, A � 1 ,..� 32 0 Multi n - CERTIFICATE OF UNDERWRITER - The undersigned hereby certifies as fullows with respect to the sale of $3,625,000 CITY OF DENTON, TEXAS CER I'IFIC'AI ES OF OIIIAGATION,SERIES 1998(the'Certificales"I. j T. The undersigned is the undervvritcv or the manager of the underwriters and selling group(the "Underwriter") which has i Purchased the Certificates from the City of fknion,Texas((he"Issuer") 2. The undersigned has made a bona fide offering of the Certificate to the public. J. The first price during the initial olTeriag(expressed as a ")ield")of each maturity of the Certificates at which a substantial amount hereof(at Ieact 10 percent of the principal amount of each maturity of the Certificates)has been sold to the public is set forth below { Principal Offering principal Offering AMOUnI 1':Re of price Amount Year of Price { Maturing Maturity (°U1'ield) Maturing Maturity (%Yield) !Ii f 335,000 1999 S 60,000 2009 690,000 2000 63,000 2010 723,000 2001 70,000 2011 770.000 2002 70,(M 2012 803,000 2007 13,0(10 2011 170,000 2004 80,000 2014 195,0(q 21103 83.000 2013 (/�l 410,000 2006 90,000 2016 V 33.000 2007 93,D00 2017 60.000 2(48 100,000 2018 4. For rurpok•s of this certificate,the term"public"does not include(a)the undersigned,(b)members of the syndicate, if aay, nranaged by the undersigned,m(c)any bondhousea brokers,dealers,and similar persons or organisations acting In the capacity of underwritcn or wholasalers that arc related to, or controlled by.or arc acting on bcholf or or as agents for the undersigred or members of any syndicate in which the undersigned is participating in the sale of the Certl9cates. { 3, the offering poor descrihed ebo.e refnls current market prices at the time of sue)sates. 6. If any or all of the obligations constituting the Certificates are to be guaranteed Then the premium paid for such guarai in 7 an amount rqual o$._______ is a re sonabie amount payable solely for the transfer of credit risk for the payment of debt service on the C'ertificatev and does not include any amount payable for a cot other than such guarantee,e.g.,a credit rating fee. the Underwriter hav represented that the present value of the premium paid for the guarantee for each obligation constituting the Certificates to which such pact.um is properly allocated and which are insured thereby is less than tl.e present value rr the interest rcawnahly evpected to be sased M a result or the insurance on each obligation constituting the S Certificuf'a. The premium has been paid to a person which is not exempt from federal Income taxation and which is not a over or reIWCJ 10 the user of any proceeds of the (ertifmcates. to determining present value for this purpose, the yield or the Ccrtilicutes(determined with regard to thepayment of the guarantee fce)hasbeen used as the discount rate. 1. ]be undersigneJ uridersmands that the statements made herein will be relied upon by the Issuer in its effort to comply with the conditions imposed by the Internal Re,'enue C'nde of 1986 and by Do"d Counsel in rendering their opinion that the In(etest on the Uertif cdtes is evctudaNe from TSe gross income of the owners thereof 1 XI.0111.1)and[IT.I.WI 0t'I7 this ,_day of , 199g. 0 t (Name of klndrrwrllar or Manager) Py (Y itle) i "'IY<t a� .wry✓y.n �..v �.TpFT.�'4'.,F I J +.i � � � •.) 1� �� � �..:� r n t " ., y , +wr�l �� (sr �I uF ^ ilia , J ' •'� i1, o 3 i » �b'• �� r , S ,� ' , r i v, r �� v. n , r , 1fr yl 5 OFFICIAL STATEMENT Ratings: Moody's: Applied For Dated 6earch 24,1996 S&P: Appllad For See("Other Information" NEW iSSLE-Book-Entry-Only Ratings"herein) In the opinion of Bond Counsel, imerest on the Bonds will be excludable from gross income for federal Income not purposes under statutes, regulations, published rulings and rout decisions existing on the date thereof,subject to the matters described under"'fax Matters"herein,including the altemative minimum tat on corporations. f 7"IIF 80ND5 WILL N01 OF DESIGNA RD AS'OUAI_IFIBDTAX-FXFhIPT ODLIOADONS"FOR FNAN91A(,,)v$TIRit1�S,S. i 1 $9,660,000 Y CITY OF DENTON,TEXAS (Denton County) GENERALOBLIGATION BONDS,SERIES 1948 o' Dated Dole: April 1,1993 Due: Fetravy 15,as shown below ' - PAa mp t TtRms. , , Interest on the $9,660.D00 City of M-ntmn, Texas General Obligation Bonds, Series 1998 (the"Bonds') w ill accrte from the dated dale shown above,will be payable February 13 and August 15 of each)ear commencing February 13, f 1999, and wili be calculated on the basis of a 360-day year consisting of twelve 304ay months. The definitive Bonds will be 1. in'tiatl registered and delivered only to Cede A Co,the nominee of 1'he Depository Trust Company ("DTC")pursuant to the , s n a 000 or acquired in denmm�tatl ns of SS w r i oft ,e Lords m¢ be ac e frcial o nc sh , t m embed herein, Acne q k ok F,u Onl S s e d D Y Y S inkpnd multiples thereof Na physical delivery of the Bonds will be made to the owners Thereof. I'rincipel of,premium, if + any,ant interest on the ponds will be pay able by the P.)ing Agent'llegistrar to Cede k Ce.,which will make distribution of the amounts so paid to the beneficial owners of the Bonds. See "The Bonds and Certificates• Book•£ntn)-Only System" herein. 1 he initial Pa)ing AgOL'Registrar is Chase Bank of Teter+,National Association,Dallas,Texas(see"The Bonds and Certificates- Pay in g AgcntRcgistrar"), At Tltnnnx FOR Ixxl'AN(L .. . The Ponds are issued pursuant to the Constitution and general laws of the State of?exas, (the "State") including , ek,:warly Article 1173, Vernon's Texas Codes Annotated ("V.TC.A."t as amended, and we direct and vtiied obligations )f fie City of Denton, Texas((he "City"), payable from a continuing ad talurem tax levied on all taxable property within the Cite, within the limits prcurihed by law, a, provided in the ordinance authorizing the Ponds (the "Ordinance")(sec"The Bonds and Certificates-Authority for Issuance"). ' ptatmt . . Proceeds from the sales of the Bonds will be used for various streets and drainage improvements, park impros ement%and to ray the costs or issuance assoclated with the sale of the Bonds. MATVRITYSCHEDVLE Amount Maturity Rafe Yield Amount Maturity Rate Yield I S 483,1)00 1999 S 465,000 2009 t 485,000 2000 465,000 2010 r 483 000 2001 460,000 2011 463,000 2oon 480,0M 2012 ' 495,000 2003 480,D00 2013 l 485.000 2001 460,000 2014 465,000 2005 480,000 2015 463,(%X) 2006 460,000 2016 !w ,I ! 413,DOD 2007 480,000 2017 463,0110 2006 480,000 2016 r (Accrued Interest from April 1,1998 to bt added) RFOtxr►non Or1101 . . The City reserves the right, at its optlon, to redeem Bonds having stated m.dur(tiea on and after r Fcbmary 15.2009 in whole ot in part In principal amounts of SS,00o or any integral multiple then of,on February 13,2006,or any date thcreaner, at the par value tnercof plus accrued Interest to the date of redemption(see "The Bonds and Certificates Optional Redemp0on"), LtrAt In . . .The Bonds are odered far delivery when,as and if issued and received by the Initial pumbascr(s)and subject to the approving opinion of the Attorney General of Texas and the opinion of McCall,Parkhurst A Horton L L.P.,Bond Counsel, } Dallas,Texas(see Appendix C,"rorm of Bond Counsel's Opinion'). DTtlxtar. , .1t Is expected that the Bonds will be arailob't for delivery 0utsugh The Depository Trust Company on May 12, ,^ 1996. i 5 , - --- 2 X I 25 Z - I f I 1 1 h r ; . 1 r,', OFFICIAL STATESIENT Ratfags0 I . fdoodI Applied For i Doled April I,1996 Sih Applied For See("Other toformatioa NEN ISSUE•Book-Entq'-Only 111311 BOB"baata) f In the spin Ion of Dond Counsel, interest on the Bonds will be cac IudatIc from&toes Income fix federal Incense lax purposes under stacAci i regulations,published rulings and coon decisions existing on the dote thereof,subject to the matien described tender'Tom Menem"beetle, or Including the altemq'ne minimum to cr corporations. " i I I IF CE[ITIFWATESSio ILL NOT BE DTSIeNATFD AS'O11AI.IFIFD TAX-EXEMPTODLIGATIONS'FOR FINANCIAL INSTTFVTIONS 55,625,000 f'jTV OF D EM'ON,I EX AS t (Denton Couti " ('ERTI FICA1"E4 0117 OBLIG A110N,SCRFLil l"I y Doled Date: April 1, 1991 Due: February,15,as shawa below PAx MLAT ITA3IS.. Interest on the 53,623,000('try of Denton,Texas,Certifcatea ofOblilation,series 1996(die cc ifscatci)will accrue T from April I, 1996,(she 'Oned Date"I and will be payable February, 13 and August 13 of each yea commencing Februay 15, 1999,and will tc inscuiated on the basis of a 360-day year consisting or iwelvc 30A&y months. The definitive Certificates will be initially «gislered and delivered only to Cede &Co.the nominee of The Depository Trust Company('DTC")pursuant m the Book-Entry-Orsiy system described hcreln Beneficial uwncrship of the Certificga mat' be uquimd In elcnominatiom of$3,000 or role&rd multiples Ihercof No physical de3H cry or the Utrtifoles will be made to the swat"skeeter. Principq of,premium,if my,and interest on the Certincates will be payable 1 by the Paying Agcaltegistrat kv C'edc &Co.,which will make distribution orthe amounts so paid In the participating members of DTC for suM quenl reinvent to the kruficial owners of the Certificates. See 'The Bonds and Certificates• Bank•Entry'Only System'herein. The initial Paying AgcaRegisua Is Chase Bank or Texas, National Association, Dallas, Texae (see "rho Bundy and Certifcgn • Paying AgcrnRegistrar') - ,APTtI()pI l v soa Isst'Am a. 1 he Ccnifceles ere issued pursuant to the Conslitution and general laws or the State of Texas, (the"State") pamculal) Suhchapicr C of('bapter 271, Texas local Government Code (the Certificate of Obligation Act of 1971), Be amended, and con,6!ute direct obligations crdu City of Den;on,Tens td+e'Clry'1,pry►hre from a combination or O the levy and collection art direct and cnntmuing ad valorem tax,within the limiu prcscribr by law,on all taxable property w'idvin Olt City,and NI)a limited pledge or surplus net rev enucs of the City's Utility Si stem not sn excess of f 10,000,as provided In the ordinanu audwriring the C'eni0cater(the 'Cludlnance')(see "T'hc Bonds and Certificates.Authority for Issuance') rk aruat Pnxeeds from fie sale of the Certificates will be used for a citywide information management computer System, police department radio equipment, renovations to the Dcniun hfunielpal Complet, renovations to the fin station, a city-wide automated food wxming syvlem,and to pay the costs of Issuance associated wllh the sere of the Certificates, MATURr15'SC'11ED1'LE. ! Amosml Maturity Rau Vietd Amount Maturity Rate Yield ■i & 333,000 1999 S 60,000 2009 , 690,000 2000 65,000 2010 125,000 1001 70,000 2011 s 170,D00 2002 70,000 1012 603,000 2003 75,000 2013 370,000 2004 ID,000 2014 me r 393,000 2003 13,000 2015 410,0(0 2006 90,000 2016 $3.000 2007 93,000 2011 I 60.000 2006 100,000 2015 V IAccrued Interest from April t,1995 IB be added) Its 01 MyteON OITION. . The City essence the right,at in Option,so redeem Certificates hat ln&stated But lsks on and alter Forestry 15, 'R J 2009,In whole or In part In Primipal amounts Of$5,000 or my integral multiple tbercof.on February 13,2008,of any date thereafter,d the per value thereof plus accrued Interest.o the date of rcdcmptkm(me'The Dends and Certificates•Optimal Redemption"). • 1 te,ALm . The CertP sates me oficred for delivery wkn,me and it Issued and reoelved by IN Initial purchaei(e)and subject its the approv Ing opinion of the Anomey(kneral of teen and the opinion or Macao,rar"umt A Ilorton t.L.P,Bad Counsel,Dallas,Texas(see 1M:1d 11 Appendix C,"Form of Bond Counsel's Opinion'), ppPP DudvsaT .h is erpected that Use Certificates will k available for delivery through The Depmitrsrg Trust Compmy on Moir 12,1996 i I s v -- - 1 ❑ 26 ❑ 32x 1 y,' J I O L 4444 I i i artRirw 7hls O,flcial Statemenl, which Includes the cater page and the Appendices hereto, does not constitute an offer to jell or the solicitation of an offer to buy in any jurlsdiction to any person to whom it a unlawful to make such offer,solloation w sale: A'o dealer, broker, salesperson or other person has been outhor4•rd to give information or to make any representation other than those contained to thlj Oflcial Statement, and, f given or made, such other Ir formation err represenmtions muse not be relied upon. no Information ser forth herein haj been obtatned from the Ory and other sources believed to be reliable,but such irformatlon r is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of the Financial Advisor. This Official Statement contains, In pal, estimates and masers of opinlon which are not Intended aj sratements of foci, and no representation is made as to the correctrers struck estimates and opinions, or that they will be realL^ed I The Ir formallon and expressions of Opinion contained herein are subject ro change without notice, and wither eke delteery of II this Official Statement nor any sale made hereunder Mall. under any circumrtances,create on)Implication that then har been I no change In Are affairs of de City w other matters described 'g ( TABLE OF CONTENTS OFFICIAL STATEMENT SUMMARY......:.. .............6 FINANCIAL INFORMATION .....,,.. .........21 TABLE 13 • GENERAL FUND REWATES AND CITY OFFICIALS,STAFF AND CONSULTANTS,,..,I EXPENDTIVREHISTORY.,... .......21 ELECt£D OFFRIALS. ........ ..... 4144.. .. ...:,..,II TABLE 14 • MUNTCPAL SUES TAx HISTORY...:.....22 r SLLFCTF:DADMINIITRATIYESTAFF .....,. ....E TABLE 15-CURRENT INVESTMENTS 1....41....1 ....24 CON,ULTANI 5 AND ADVISORS ...,,. 1144.,5 TAX MATTERS.... 4444. 4444.. ......... ..23 INTRODUCTION ... ....:.. ..............9 '. . OTHER INFORMATION...... 4444.. 27 THE BONDS AND CERTiFICATES........:... ... .. ..9 RATING!.....:,.... 4444.. .,. 4444., 27 LTDGAMN................................4444., .,..,....,...._ .....27 TAN 1AFBORMAVTAL Atm,EREATPTIONS AND GENF ...13 FOR SALF,,... ... E11T1FKATF.S ... r RAL t LwA,INV 7xEN13AND ELtors m TO. •uRE .27 GmTUAilON DEB r... 1141..I. SECURE , 'AnI.E2 • 1,AxABet ASSESSED VALUATIONS BY PGBLic FUNDS INTExm ...... ......:......._, 27 1 CATEGORY .., .... 1444. ..... .....16 LEGAL OPINION!AND NO•LITMTTONCUIDWA1E 27 TABLE 3 • VALUATION AND GENFAAI.OBTJGATION AUT1tENTICFFY OF FNANCLU.DATA AND OMA Mot ITISIURY:....,..: 11..1..1....:16 INFORMATxN .. ............ "'.111.1441...26 . 4444 4444. 7ARLE 4 • TAx RATE,LEVY AND CGLI.£CIION CoKrm O Mwtosuxt OF INFORMATION.. "4 ....29 HISTORY ..I7 FNANcIAL.ADVISOR......::... ....- ...29 'TABLES • T¢NLARGESTTAXPAVERS . ...17 CEIITTFICAIrONOFD¢O3tICIALSTAnmLm. ..29 TABLE6 • TAX ADEQUACY ..11 TABLF7 • FStiMATFDOMLAPPINGMOT IS APPENDICES GENERAL INFORMATIIN REGARDING fS1E CtrY 4444...A , DEBT INFORMATION, ..: „ 19 EXCERPTS FROM TmE ANNUAL FNAN=Rum.. B TABLES • PRO-FORMA OENLRAL OBL IGAtios DEBT FORM OF BOND COUNSEL'$OPINION..:....:::........... .. C 1A SLRvrC F RfQUBSEMFNT! „ 4411 1444.19 The cover page hereof,this page, the appendices Included PROIEC'TION__1144,:..14 44. licmin and any addenda supplement or amendmem hereto, IABLE9 • INTEREST AND SNxNC FUND BUDGET TABLE IO • COMPUtAT1GN OF SELF SUPPORTING 19 we put of the 0 isil Statement f MOT . 20 TARLE II • ALm mm BUT UNISSUED "�'°° '. 11E GENERAL OBLIGATION BONDS .1..441.20 . y TABLE 12.OTTD.R OBI.tGATIONI....:....... .... ..4444 20 2hK1 ❑ 32 x 10 i I iaatamor + e • f i • ! r i OFFICIAL STATEMENT SUMM1IARY Ibis summary Is subject in all re,pects to the more complete Inrommlion and definitions contained or Incorporated In this Official Statement The offering of the Bonds and Cenificates to potential investors Is made only by means of this entire Official Statement. No person Is authorited In detach this summary from this Official Statement or to otheru lse use it vrithoul the entire Official Statement, f ' Tim CI Ty....,,., The City of Denton is a political subdivision and municipal corporation or the State.located i In DemonCouuty,Texas. The City coven approximately 61 square miles(see "Introduction •Description of City") 1 ` Tut Bows,, The Bonds are Issued as $9,660,000 General Obligation Bands, Series 1998, The Bonds i `t mature, or are subject to mandatory redemption prior to maturity, on February $5, 1999 - through February 15, 2018(see""the Bonds and Cert ricales• Description of the Bonds and { C'enifi.ves'). TiltCCRtiFte'Airs..................... The Cenificates are issued as $5,621.000 Certificates of Obligation, Series 1998. 'the Certificates mature,at are subject to mandatory redemption prior to maturity,on February 1:5, 1999 through February 13,2018(sce"The Bonds and Certificates description of the Bonds and Certificates'). PAVMEws OF INTFREST .............. h West on she Bonds and CenlOcaics accrues from April 1, 1998,and is payable February 11. 1999, and each August 13 and February 15 theresfict until maturity or prior redemption(see •The Bonds and Certificate-Description of the Bonds and Certificates"and "Ilse Bonds and Certificates•Optional Redemption'). ALn)ORM FOR IsisA.NCIL ...... The Bonds we issued pursuant to the general laws of the Stale.Including particularly Article 1173,V.T.C.A., and an Ordinance passed by the City Council of the City (see 'The Bonds and Certificates•Authority for Issuance'). The Cenificates are Issued pursuant to the general laws of the State,particularly Subchapter C 1 of Chapla 211,Texas Local Government Code(the Certificate of Obligation Act of 1911), as r amended, and an Ordinance passed by the City Council of the City (sec "the Bonds and 1 Certificales•Authority forIssuance") Stttxtn too tin Iitonns.,,,...... The Bonds constitute direct and voted obligations of the City, payable from the levy and 1 collection of a direct and continuing ad valorem tax,within the limits prescribed by law,on all taxable property located within the City(see The Bonds and Certificates• Security and Source of Payment'). SM I ArTY FOX 1111 f CFtnFRAtte.., The Cenificates constitute direct obligations orthe City, payable rmm a combination of(i)the k levy and collection of a dims and continuing ad valorem tags,within the limits prescribed by law, on all taxable property within the City, and(ii)a limited pledge of sutnlus net r:vcnues of the RTDTMt1 WN ]he Utility ment") not In excess of$10,000(see"Ihe Bonds and Cn'ifinir,•Security and t *� City's ofPgmem"h ' maturit y reserves the rlgbh at its option. to redeem Bonds and Certificates having stated rnrne 1 • ies on and after February 15,2009,In whole or In pan in principal amounts of$SAM t or any Integral multiple thereof,on Ftbruwy 15,2008,or any date thereafter,at the par value tbcreor plus accrued Inlerest to the date of redemption. Additionally, the nonds and I j Certificates may he subject to mandatory redemption in the event the Initial purchaser eiected lu aggregate one or more maturities u a Term Bond or Term Certificate(me"The Bonds and Certificates-Mandatory Sinking Fund Redemption"). t , TAx txtxtrrto,si .,_ ..... .. in the opinion of Bond Counsel,the interest an the Bonds and Certificates will be excludable { from gross Income for federal income tax purposes under existing law,subject to the ma0ers described under the caption"Tax Matters" herein,including the alternative minimum tax on corporations, i I I l 6 II 95 10 32XIO t r , t { r , t 1 f y r USE OF PROCLFDS . ....... .. Proceeds from the s l of the Bonds will be used for various streets and drainage ' improvements, park improvements, and to pay the costs of issuance associated with the We of the Bonds.. ' I Proceeds from the sale of the Certificales will be used for a city-wide information management computer system,police department radio equipment,reno wleins to the Denton Municipal Complex, renovations to the fire station, a ciywide automated flood wamiag ° r f system,and to pay the costs of Issuance associated with the sale of the Certificates 4 RATINGS ...... ......... .... The prcsendy outstanding to supported debt of the City Is rated "A to by Moody's Investors Sery ice,Inc. ("Moody's")and"AA-0 by Standard A Pooi s Ratings Son'lces,A Division of the MtGraw•I lilt Companlea Inc.("SAP"1, The City also has Issues outstanding which are rated i "Asa" by Moody's and 'AAA" by SAP through Insurance by various commercial Insurance !!, 1 companies. Applications for contract ratings on the Bonds and Certificates have been made / to Moody's and SAP(see"(ther Information•Ratings"). ¢ ( Bass EstRv-ONLv I S1 STEM ......... ............... The defnitive Bonds and Certificates will be Initially registered and de)ivered only to Cede A ' Co., the nominee of DTC pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Bonds and Certificates may be acquired In denominations of S5,D00 or Integral multiples thereof No physical delivery of the bonds and Ccrlificates will � be made to the beneficial owners thereof Principal of, premium, If any,and Inierest on the Bonds and Certificates will be payable by the Paying Agent/Registrar to Cede A Co., which I will make distribution of the amounts so paid to the participating members of DTC for , subsequent payment to the beneficial owrten of the Bonds and Certificates(see "The Bonds and Certificates•Book•Entry.Wy System"). ` PA1 xIFNt RF('DRD .,. .....,.,.. The City hm no or defaulted it SF LFC7FD FINANCIAL INFORM41rIGN Ratio Funded i fiscal Per Capita Net Per Capita Tax Debt to Year Estimated Taxable Taxable Funded Funded Taxable SC of { Ended City Assessed Assessed Tat Tax Assessed ToW Tax 930 Population Valuation"' Valuation Debt Debt Valuation Coileclia.y � 1494 69,630 $ 1,817,109,346 S 27,314 S 31,390,553 f 460 1.6814 99,909/4 1995 69,770 1,973,426,7:2 28,403 29,584,197 425 1.304/. 100.21416 , 1996 70,450 2,047,819,765 29,0ba 28,202,177 400 1.38!4 100.91ta 1997 71,430 2,169,892,097 30,369 28,9771009 406 1.34% 10010!4 1998 72,250 2,329,53Q366 32,243 40,536,306 o't S61 1.74% N.A. (I) Taxable assessed valve as of the end of fiscal y ear, 1996 valve as of December 31,1997. (2) Projected,Inc Iodes the Bonds and :ertifieates I'm additional inGxmalion regarding the City,pteme contact r Kathy D UBosc David K. Mcdanich 11 Assistant City Manager of Finance Fins Southwest Company City of Denton or 1700 Pacific Avenue,Suite 300 f 21S E McKinney Street D ellas,Texas 73201 "c 11 Denton,Texas 76201 (214)9$34000 (940)349.6286 7 i 1 2 Y 1 32x1 ❑ t r � 1r�rWa'!V i I° r l r i i I t 1 ` i Iff I' CITY OFFICIALS,STAFF AND CONSULTANTS ElA AND OFFIC IAI! Term City Council Expires , Jack MI11cr May,1998 i, s Mayor } f Euline Block May,5998 v Mayol Pro Tern Roni Heasley May,1998 Councilmember j Mike Cochran May, 1999 {{ Councilmember [! Neil Durranee May, 1999 {t Councilmember 11 It Sandy Kristotsrson May, 1999 I Councilmember Ir Carl Gene Young, Sr. May, 1999 Councilmember SclwtFDAoMmISTItAmItSTAFF Nerve Position Ted&navidca City Manager Rick SvOla Deputy City Manager I Kathy DuDose Assistant City Manager of finance Iloward Martin Assistant City Manager of Utilities Mike Jet Assistant City Manager of Operations 1 V Jennifer K.Waite" City Secretary Ierbert L, Prouty City ADOmey s _ Robin Ramsay Municipal Judge ( , ` 1 CONSLIT ARTS AND A D1150nA ' Audiluts. .., ., ., _.,..Delaine A Touche L L P. .. Fort Worth,Texas ;+ i Ikmd l'ounscl , ._. ._ . ._ .._,.__. . ., _. . .......... .. ......... .. ... ....McCall.Parkhurst d Nnrtun L,L.P. Dallas,Texas Financial Advisor_.,,,,,,,,,,, .... ., ..�... .. ... .�.. .......First South AemCompsny ff : lanes,Texas f I I t . ffff � O • I old � 25xiD ` 32x10 l atraa¢�n , i " + I OFFICIAL STATEMENT RELATING TO 59,660,000 CITY OF DENTON,TEXAS GENERAL OBLIGATION BONDS,SERIES 11995 55,626,000 CITY OF DENTON,TEXAS CERTIFICATES OF OBLIGATION,SERIES 1995 INTRODUCTION This Official Statement, which includes the Appendices hereto, provides certain Information regarding the Issuance of $9,660,000 City of Denton,Texas General Obligation Bonds,Series 1998 and S1,62S,000 City of Denton,Texas,Certificates of Obligation,Series 1998. Capitalised terms used in this Ofriclal Statement have the same meanings assigned to such terms in the Ordinances to he adopted on the date of sale of the Bonds and Certificates which will authorize the issuance of the Bonds and , C'erlificates,except as mhemise indicated herein There follows in this Official Statement descriptions of the Bonds and Certificates and certain information regardling the City and ib finances,All dcscriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such Jocumcnl, Copies or such documents may be obtained from the C'ity'%Financial Advisor,First Southwest Company, Dallas,Texas. DI.V ItlPlION OF Tilt Cili . . . the City of Denton, rcxav is a political subdivision located In Denton County operating as a home-rule city under the laws of the Suit of Texas and a charter approved by the voters in 1959. The City operates under the Coun0,xitmagcr faun of government where the hlayor and sit Counciimembers are elected far staggered two-year terms. The City Council formulates operating policy for the Cit) while the City Manager is the chief administrative officer. The City is approximately 61 square milts in area THE BONDS AND CERTIFICATES Dym 141Ptto" OF THE Bows Asti (11ttmCAtLS . . . The Bonds and Certificates are dalad April 1, 1998, and mature on FcbruaD 15 in each of the years and in the amounts shuwn on the cover pages hereof. Interest will be computed an the basis of a 360-day your of twcl+'e 3o-day months,and will be payable on February IS and August 15,commencing February 15, 1999, The definitive Bands and Certificates will be issued only in fully registered form in any Integral multiple of$5,000 for any one maturity and will be initially regisle',cd and delivered only to Cede& Co., the nominee of The Depository Trust Company (,,[)I c4')pursu,mt to the Book-retry-Only System described herein No pbyskal delivery of the Hoods and Certificates will be mm,,!-to the awae's thereof. Principal of,premium,if any,and Interest on the Bonds and Certificates will be payable by the I'a)ing Agent.'Registrur to Cede& Co., which will make distribution of the amounts so paid to the beneficial owners of the konds and C'cr if cales. See"Book-I'mr)'-Only S)stem'herein ! AtilioRitf FOR tmokli(t...1'he Bonds are being issued pursuant to the Constitution and general laws of the Stale of Texas, - I particularly Article 1175,as amended;an election hcld and passed by a majority of die participating vctcn;and the Ordinance i The C'ertiRcalcs are Ming issued pursuant to the C'onslitution and general laws of the State of Texas, particularly Subchapter C of i Chapter 171,I r.vas Local Gov cmme Pit Code(the Cell iricate of Obligation Act of 1971),as amended, and an Ordinance passed by • the City C'mmdl. ' � 5Tf1 RIIl AVb SOItsCa.Ul PAV VIB+rT .. ?he Nun.fr . . All tavable property within the City is subject to a continuing direci annual ad valorem tax levied by the City sufficient to provide for the payment of principal of and Interest on all Bonds which tax must be levied within the limits 1 prescribeJ by law'. . The C'err jrares. .All laxahle property within the City Is subject to a continuing dired anmul d valorem tax levied by the City sufficient to provide for the payment of principal of and Interest on all obligations payable In wbole or in part from ad valorem taxes, 0 y which tax mull be levied within limits prescribed by law, Additionally,the Certificate!we payable from and secured by a limited pledge of surplus net revenues of the Ciry's Lltiliry Syslcm not in excess of$10,000, as provided In t!x Ordinance aulhorleing the , '➢ij•T Certificates 9 II I 2h >< � ❑ 32XIO I 1 Ileso " Tnx R.11r LUIf'r,vT1UV ..All tasahle property within the City is subject to the assessment,to%) and collection h) the lily of a conimo np,direct unounI ad caI,rem Lax sufficient to pros We for the payment of principal or and interest on till ad lalorem lux doh)within the limits pttscrihed by lax. Article XI Section 5, of the T'esas Constitutlon is applicable to the C'ily.and limits Its masintuni ad valorem lax rate 10 $2 50 per$100 Toublc Assrsscel Vuluation for all lily purposes. [he I lomc Rule charter of the City adopts the constilulionally'outhoneed masimum tax rate of 52.50 per S114I1'asuNc Asw�,cd Valualion, Orrlox:xt.RsPsxlPalUV . .)tic City resmes the right,at its option,to redeem Bonds and C'er ificmns Imin8 slaled maloritics , on and after J'rbruary 11, 2004, in whole or In part in principll amounts of 55,1100 or any inkerul multiple IhercoC on I'ebruary' 15.21s1R.or any date thereafter,at I!ie par value thereof plus accrued interest to the d,ne of redemption. If Icss than all al'thc llonds and Ccrt i11 canes are to be redee mcd,the City may soled the mat oriI vs of Bon ds and l'c n i ficatcs to be red ccmcd. ll' j Icss than all the Ronde and C'crtifcales orany maturity arc up he redeemed,the slaying Agent l(or DIC while the Ilonds and Certif cares are in Rook-finer)-Only form)shall determine by lot the Bor,Js and C'crtifscatcs.or portions thereof,within such maturity to be redeemed if a Bond or C'crtifcate (or any portion of the principal sum thereof) shall have been callcJ for redemption and notice of snob redemption shall base been given,such Rond or C'ertifcutc(ur the principal amotmt thereof to he f redeemed)shall become due and payable on such redemption date and interest thereon shall cease to u, uc from and after the redemption dale,provided Grads for the payment of the redcmplian price and accrued interest thereon arc held by The Paying AgcnCReglstruron the redemption date. ) blAxasnsax SI]ICtxal VI%DRrnfxtPFtO% in addition to being subject to optional redemption to presided abuse,should the 1 Purchascr(s)select Ahvrnale 2 in the Notice of Sale for eltherthe Bonds or C'erlifcaoit(a combination of Scrial Bonds and Term Bonds or Sctial Ortificalcs and form Certificates),the Term Bonds and Term Certificates are%object to mandatory sinking fund redemption prior m maturity at a price of par plus accrued interest to the redemption date from amounts required rlt be deposited in the Interest and Sinking fund of such series with not more than two Term maturities as so designated by the successful bidder - as follows'. ]J The Bundy he C'crt6t3c4tcs 2017 S 480.000 2016 S 480,(KH) 2013 S 75,000 2016 $ 90M)o 2014 480.OV) 2017 480,01X) 2015 840041 2017 95,000 1 2013 480,000 2018 480,(10(1 2015 85,01(v 2018 100,1100 Not lcr or RIP Lwr nN . . At least 30 days prior to the dote fixed for any redemption of Bonds and Certificates or portions t!. lhcreof prior to maturity a wrltten nnlice of such redemption shall be published once In a financial publication,journal, or reporter of gcncral circtdation among securities dealers in the City of Ncw York,New York (including,but not limiled lo. The Ilond Royer arid'the Wall Street Journal), or in the State TCAas(illdudmg, but not Ism I1eJ to,The Texas Bond Reporter), Such notice at sat shall be sent by the Paying AgentRcgistrar by T'nlied States mail, firmcloss postage prepaid,not Icss than 30 du)s prior to the du no fixed for any sm i redemption, to the toV1gcred owner of each Rond or Certificate to be redeemed at its address as it uppcared on the 45th day'prior to such redemption dale, prosidcJ,however,That the failure to send,mail,of reecho such notice,or any defect therein or in the sending or mailing thercur,shall not affect the validity or dTectiseness critic proceedings for the redemption of um Bond or Ccrtitycme, and it is hereby specifically presided that the publication of such notice as required abos a shall he the only notice aett,olly required in amnectinn with or as a prerequisite in the redemption of any Bonds and Certificates. B(vk-1:xlat-Ost1 Svslr.vl . . . the Depohary Trust Company il...I, Ncw York, Ncw' York, will act as securities ,. dcpusimry' for the Bonds and (cruriicars. The Bonds and Cenificaies will be issued as full)-registered securities registered in the name of C'cdc k ('o. ,J{C"s partnership nominee). One fully-registered certificate will be issued for each mmurOy or the . Hands and C'crti0anes in thr aggregate principal amount of each such maturity and will he deposited wilh DIY'. i l 1710' is a limited-purpose trust company cri ired under the New York Ranking I.aw, a "banking organira0on" within the meaning of the Ncw York Ranking I aw,a member of the federal Resent System,n"clearing corporation" within the meaning of die Ncw fork Vniform C'ominvrcial Code, and a"clearing agem)"registered pursuant to the provisions or Section 17A orthe SCLIMLI S f.xchange Act of 1934. DIC holds securiticsthat osparticipanta I'Direct Panic Pants")deposit faith OTC, DTC also faeilitales the wldsmcol among Participants or securities transactions, such as transfer and pledges, in deposited securities r ihrungh electronic computerised hock-emr)' charges in Panccipam.. accounts, thereby eliminating the need for physlcol ly Q moxemcnt of securities certificates. Direct Participants Include securities brokers and dealers, banks, trust companies, clearing corporations,and certain other organitations DIC Is owned by a number of its Direct Participants end by the New' fork SuKk Q Pxcharge.Inc,the American Stock I',xchange,Inc,and the Notional Association of Securities Dcalers, Inc. Access to the DTC sydem is also available to others such as securities brokers and dealers• banks, and trust companies that dear Through or .� maintain a custodial rclaiionship aiih a Direct Participant, either directly or Indirectly ("Indir"t Participants"). the Rules ' applicable to DI C and its Participants arson file with the Securif es and fxchange('ommi-on. 1 t 11 10 f 7 � � � C� 32XIO • 1 r " ONO"" Purchases of Bonds and Cenisiicates under the DTC system must be made by or through DTC Participants,which will receive e credit for such purchases on DTC's records. The uwnershlp interest of each actual purchaser of each Band and Certificate ("Beneficial Owner") is in turn to be recoi aed on the Direct or Indirect Participants'records Beneficial Owners will not receive writers confirmation from DTC of their purchase,but Beneficial Owners are expected to recelve written confirmations providing details of the transaction,as well as periodic statements of their holdings,from the Direct of indirect Pankipant through which the Beneficiat Owner entered into the transaction. Transfers of ownership Interest in the Bonds and Certificates are to be ' accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will tot recehecertificar:,reprewnting their ownership Interests In the Bonds and Certlfksles,eatept In the event tkaf use al the book-entry system described herein Is discontinued. To facilitate subsequent transfers, all Bonds and Certificates deposited by Direct Participants with DTC arc reglst"red in the name or DTC"s partnership nomhice,Cede&CO, The deposit of Bonds and Cenificatcs with DTC and their registration In the { na,ne of Cede R Co.effect no change In beneficial ownership. DTC has no knowledge orthe actual Beneficial Owners of the 11 Bonds and Certificates, DTCs records rcncci only the Identity of the Direct Participants to whose accounts such Bonds and Certificates are credited,which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be govemed by arrangements among them,subject to any statutory or regulatory requirements as may be in eifect from time in time - Redemption natices shall be sent to Code R Co. If less than all of the Bonds and Certinicates within an Issue we being redeemed. DTCe practice is to determine by lot the amount of the interest of each Direct Participant in such Issue to be reJeemcd 1 Neither DTC'. nor Cede k Co.will consent or rots with respect to the Bonds and Cenificatcs. Under its usual procedures,DTC malls an omnibus Proxy to the City as soon as possible sfier the Record Date(hereinaner defned). The Omnibus Proxy assigns r Cede k Co's consenting or voting rights to these Direct Participants to whose accounts the Bonds and Certificates art credited IL on the Record Dice lidentifed in a listing atimbed to the Omnibus Proxyh Principal and interest payments on the Bonds and Certificates will be made to DIC. DTC's practice is to credit Direct I'aniclpanty' accounts on each payable date in accordance with their respective holdings shown on DTC's tecords unless DTC has reason to believe that it will not receivepayment en such payable date. Payments by Panicipams to Beneficial Owners will be govemed by standing instructions and customary practices,u Is the case with securities held for the accounts of customers In hearer form or registered in "street name," and will he the respmnibility of such Participant and not of DTC, the Paying Agent Registrar or the City, subject to on) statutory or regulatory requirements 4L4 me) be in efrecl from time to time Payment of principal and interest to DTC is the responsibility, of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC,and disbursement of such payments to the Beneficial Owners shall be the responsihility of Direct and Indirect Participants. DIC may di,. :nue providing its services as securities depository with respect to the Bonds and Certificates at any time by it gising reasonable notice to the City. Under such circumstances. in the event that a successor securities depository Is not - I obtained,lion is and Cenificatcs are required to he printed and deiirtrod " 1 he City may decide to discontinue use of the system of book-entry transfers through Dl'C(or a successor securities depository), In ihit event, Bands and Certificates will be printed and delivered. . ('rr aJC'e-fuin Trrn,a in CythrnSara,ru ofdJsOQria!Sfakmaru In reading this OIDcialStatcmcnt it should be understood dtsl while the Bonds and Certificates arc in The Book4rur)4.1,tsly System•cefvences in other sections of this Official Statement to 1 registered owners should be read to Include the person for which the Participant acquires an Interest in the Bands and C'trtifcates, but tit all rights of ownership must be exercised through DTC and the Book-Entry-Only System, and(ii)except as descrlhed above, notices that me lobe gis en to registered owners under the Ordinance will be given only to DTC, Infurmalion concerning DTC and The Book-Entry System ha been oMained from DTC and is not guaranteed as to accuracy of completeness by,and Is not to be construed as a rtpresentation by the City or the Purchasers, i. a t i i t 1 II i • 7 � 32AI alwaaas 1 Itnrma I PASrxc Aar.vt/Rfc.mmit . l he Initinl Paying Age nL'Regislrar is Chase Fu ink of Texas,National Association,IfuI!as,texas, In the Ordinance the(ity relaine the right to replace the paying Agen lteylslmr. lbe City cuvemmis to mninwin and provide a Paying Agenakegistrar at all limes until the bonds and Ccnifcalex ire duly raid and any successor Paying Agent Registrar shall l j he a commercial hank or trust company organised under the laws orThe SILle of 1'nas or other entity duly qualified and legally aullsorised to sane as and perform the duties and wr%jces of paying AgcuCRegistrar for the floods and('ertificules, ('pan ony I , change in the Paying AgmRegistrar for the bonds and('enificatcs,the City agrees to promptly cause a vvriaen notice thereof to i i - he sent to each registered u%mer of the bonds and C'eniricaies by L'niled Sinks mail, firsl Blass, po9fJge prepaid,which notice I shalt shin give the address of the nc% Paying Agent'Regisirar, i Tltnsslt.A, IVIliNQ AND Rrrl,ill inn . . .In the went 1119 lioik•hntq-Only Syslem should he Jiscnnlinucol, the londs and C'erltficulas may he Iramferred and exchanged on the regislmliun I ul the Paying Agent'Regislrar only upon � prewrit.iliun and surrender to Che Paying Agen4Regismu and such Iransler or exchange slsalf be wilhoul expense or service charge to the registered oi c\ccpt for any tax or other guvemmenlat charges required ru be paid with respect to such registration, cxchunge and tr'ansfcr. Founds and Cemificates may be assigned I the execution of an i, gnmem form on Chc ' rospecinor Minds and('crtificules or by olhei irntrument of transfer and a,aignlncnt accer ihle to the Puy ing Agent Registrar New blinds and ('enificales will be delivered by the paying Agent Registrar, in lieu or the Bunds and Ccrtificales being nunsfcrred or achangcd. at the JesigualeJ office of the Paying Agcut Regisnar, or sent by L'a iced Slares mail, first class, postage prepaid,to the new registered avncr or hill designee In the cxlent possible,new bonds and('eniricates issued In an cxchangc of transfer of bonds andC'ertificates will he deliscred to the registered o%neror ass!gnec of the registered uwncr in nol more than Ihrpc husiness days after the receirt of the bonds and(WIFcaln lobe canceled.and the written instrumcnl of transfer or request for cxchangc duly executed by the registered owner or his duly au:horised agent, in form snthsfactury to the Pilyislg ApemlRegistrar. Ni flonds and C,mificates registered and delivered in an «change or transfer shall be In any integral multiple orf3,m0 For any one maturity and for a like aggregate principal amount as the bonds and C'cniricales surrendered for exeh.mge or transfer. See 'Book•f ntr)-Only Systcm' her9lo for a dcwripliun of the syslerm In be utilised initially in regard to ins nership and transferability of the binds and('errilicates, Neither Clio City nor The Puy ing Agent.Registrar sSull N rquired In transfer or cxchangc Pony bond and ('efliricale called for redemption, in %hofe of in part, within 45 days of the dare fixed for ' redcnsption;rrivided,however,such limitation of transfer shall not he applicable to on exchange by the registered owner of the uncalled balance if a Certificate Rrcnau 1).11a FOR 1Ntras.st PAxslr.Nt . , the record dale I"Raord bate") for the interest ravahle on the bonds and , ucrtificuics on any i rcrest pa)meat date means the close of business on the last business day of the Preceding ntumh lu the went of a nomraymeni of interest on a scheduled raiment date, and for 30 days thereafter.a new record date for such interest payment la"Special Record Dale"I All he eslablishcd by the Paying AgentRegistrur, if and when funds fit thetict l JJJ of such interest have been revised from the('iry. Notice of the Special Accord Dote and of the scheJuled payment date orlhe [, I r,lsl due interesl l'Spocial Payment Ive", which shall be 11 days after the Special Record Dale) shall be sent at least five Business days Prior to the Special Record Date by Uniled Slates nail,first cla.;s postage prepaid.Ii the address of each][older of a Certificate appearing on the registration hooks of the Pay ing Agent'Regislrar el the close of business on the last husiness day l not preLCding the date nrmaih ig of such notice. i tniaNa Rfxlruu:x IiK C,rdinances Jo nol estahlish specific creme of default with respLTi In The Rinds art 1 ('cnifrcates (indcrt St:me law there is no right Cu else ac Melee anon of mmlurity if the Bonds and Ccrtificalcs upon the failure of the City In observe any enscnwot under the Ordinances. Although a registered owner of Roads and Certificates eocdd presumably nhwn a judgment against she Cily if a default occurred in the raiment or principal of or interest on any such binds Rind 1 ('enificares, such judgment could not be saliefed by execuliort against any property of the Chy Such registned wsner'a only i ical remedy, if a default Incurs, is a mandamus or mnpdausry Injunction proceeding to compel The City to levy,assess and Lolled an annual ad salurern lax subicicnl to pay Principal of and inleresl on the bands and C'eniflcalcs a,it becomes due. the R c enfortement of any such remedy may he difficult and time consuming and a registered limner could be required to enforce such Y ' remedy on a periodic basis. ]he Ordinances do no provide for the appointment of a truslont10 represent the interests or the IN+ndholdcrs upon any failure of the City to rarPmm in atuird'ance with the tons or the Ordinances, or upon any other condition. I'uithoinore, the City Is eligible fu seek relief from its creditors under Chapter 9 of the U S. Ilar,kruplcy, Code Although l'hartcr 9 erns idea For the iccngnition ore securily interest represented by a specifically pledged source of onenues, t the pledge of taxes in surport of a general obligation of a hanknspt emdy is not specifically tecogniied as a wurit) Inters[ under Chapter 9. ('haper 9 also includes an aulomatic stay Prosision that%cold prohibit,wilhoul Ranknlpley Court approval. I i the prosecution orany other legal action by creditors or bondholJsYS of an entity%high has sought protection under Chapter 9. Therefore, should the ('it) avail itself of Chapter 9 protection From crcdilon, The ability li enforce %puld be subjal to the i Q approval of the RankruplLy Cuurl (which could rcyuire that the action he heard in Bankruptcy Court Instead nrother federal or t state eounh and the bankruptcy ('ode provides for Moad di%retionur) ro%ors of a Bankruptcy Court in administering any pro"cding brought be&ore it the opinion or III Counsel %ill note that all opinions relative to the enforceability or the ' Ordinances and the Binds and C'crtificutes are gmalificd%ith respect In the cvsuxnary,rights of dchlors relalise to III creel lom 12 I f ? 5Q 32x1 ❑ C 'I I. r i i { � f i TAX INFORMATION i At)VALr1Rt\I TAN l.AIA .. . the appraisal of property within the City Is the responsibility of the Denton County Appraisal District (the 'Appraisal District") Excluding agricultural and opcn•space Lv,d,which may be tared on the basis or productive capacity,the Appraisal District Is required under the Properly Tax Code to appraise all property within the Appraisal District on the hasis of 100% jl of its market value and its prohibited from applying any assessment ratios The value placed upon property within the Appraisal ` District is subject to review by an Appraisal Review Raved,consisting of three members appointed by the Board of Directors of the Appraisal District. The Appraisal District is required to review the valve of property within the Appraisal District at teat every three years. The City may require annual rcvlew at Its awn expense, and is entitled to challenge the determination of appraised value of ( property y within the Cit b petition fled with the Appralsa Review Board. I l Reference is made to the v,r C.A,property Tax Code,for identification of property subject to taxation;property exempt or which may be exempted from taxation, if claimed; the appraisal of properly fur ad valorem taxation purposes; and the procedures and l the lei and collection of aJ valorem taxes imiutunnsa applicable � 1 PD 1 Article V ill of the State Constitution("Article V111")and State law provide for certain exemptions from property Wes,the valuation elf agrkulwral ar„1 open-space lamis at productivity value,and the exemption of certain personal property from ad valorem taxation. Under Stttion I-b, Article VIII, and State law, the governing body of a political subdivision, at its option, may grant (1)An exemption of not less than $7,000 of the market value of the residence homestead of persons 63 years of age or older and the disabled from all aJ i alorem taxes thereanet levied by the political subdidsionv,(2)An exemption crop to 2004 of the market value of resiJence hamevtcads The minimum exemption under this provision is S3,000. In the cave of resdence homestead exemptions granted under Section I•b, Article VIII,ad valorem taxes may continue to be Ic%led against the value of hamevtr t.%exempted%here ud %alorcm taxes ha%e previously been pledged for the payment of debt if«ssation of the levy would in pair the obligation of the contract by which the debt was created. State lu%% and Section 2, Article VI)I,mandute an additional pri tax exemption fur disahled veterans or the surviving spouse or children of a deceased ieleran who died while on uctive duty in the armed funx:r,the exemptonn applies to either real or personal proprny with the amount of assessed%aluatlnn exempted ranging from S7d100 to a maximum of 512,000. I ArinOc VIII rwsidcs that eligible owners of both agricultural land (Sation Id) and open space land(Section I-d-I), inclu)inq ` open•xpace land Jc'xtltCJ to farm nt ranch purposes or open•space land dc%olcd to timber production,may elml to have such property j uppraised fit property taxation on the basis orits productive capacity, The same land may not be qualified under both Section I-d and I•J'I. I ' � I Nonhusincss personal propc1y.such as aulomobilcs ut light socks,arc exempt from ad valorem taxation untess the governing body i of a political subdivision elects to tai this properly. Floats owned ax nunbusiness properly are exempt from ad valurem taxation. y Article V'lil.Section I.J.provides for"frecport property”to be exempted from ad valorem taxation Freeport property is defined as ' 1 g,K,dr damned in 7exax for 173 days or Icsx for the purpose of asumbly, storage, manufacturing, processing or fabrication. I)ccisior to cominuc lo tux may be reversed in the futurc dIxisions to exempt frceport properly are not subject to rn ersal. the(11) and the othc.taxing bodies within A5leritory may agree tnjointly create tax Inernneat financing:ancs,under which the 111 lax voluer on property in the rune are "fracn"at the ialue of the property at the time of creation of the tone. The City also may cmcr info tux ohutenmut agrccri to encouruge economic development, Under the agreements, a property owner agrees to - r construct certain impresenemts on its properly, She City in lum agrees not to levy a tax on all or part of the Increased value , altributabte u,the improvcnrets until the rxpUution of the agreement. The abatement agreement could last fors pertsxl of up to to v eves Fiii(irrt IF Ax, R.vtr. A%D Bill 10 VC N TAN RAIL . . By each September I or as soon thereafter as practicable, the City iI adopts a lax tale per 5100 taxable value for the current year. The tax rate consists of two components. (I)a rate for fun Jing of mointenance and operation ex penditurcv,and(2)a rate for debt sen ice, + IInder the Property Tax Code.the City must 1nnu31ly calculate and publicise its'effecti%e tax rate"and "rollback tax rate", The t Pity Council may nut adopt a tax tale that exceeds the low et or the rollback lax rate or 1034,:of the effective tax tale until It has t i held a public hearing on the proposed Inc rciew foI low'in$notice to the taxpayers and other%im compiled with the Property Tax 0 1, } Code. If the adopted tax rate exceed%the rollback tax rate the qualified voters of the City by petition may require that an election 5 be held to determine whether or not to reduce the tax rate adopted rur the current year to the rollback ttA rate Effective )anuary I, 1999.a governing body may not adopt a tax rate that,if applied to the total taxable values,would impose an amount ' of lases exceeding the prior years Ie%y without holding a public hearing and otherwise complying with the requirements for r gising notice orsuch public hearing { IJ t > �� K � � 32x ❑ u ' O. f aasamrar 1 I 1 I "Effective tax rate" means the rate that will produce fast year's total tax levy(adjusted) from this years total taxable values (adjusted), "Adjusted"means lost values are not Included in the calculation of last year's taxes and new values are not included f In this years taxable values. i "Rollback tax rate" means the rate that will produce last yearn maintenance and operation tax toy (adjusted) from this t'eat's values (ad)usted) multiplied by 1.09 plus a rate that will produce this years debt sen)ee from this year's values (unadjusted) divided by the anticipated tax collection tale, r The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize an additional ane-half Lend sale tax on retail sales of taxabe items. If the additional tax Is levied,the cprect1ve tax rate and the tailback tax rate cal cu lotions are required to be offset by the res enue that w ill be generated by the sales tax in the current year l Reference is made to the Property Tax Code for dcrinitike rcquiremcnts for the levy and collection of ad valorem taxes and the calculation of the various defined ta%rates. PROrtRr% ASFissMEstr A.Yn TA% PA%MENt . . .Property within the City is generally assessed as of January I of each)car. Business irtrcntory may,at the option of the taxpayer,be assessed as of September I. Oil and gat reserves we assessed on the i basis of a valuation process which uses an average of the !,oly price of oil and gas for the prior year Taxes become due October I of the tame year,and become delinquent on February 1 of thr folioAtng year Taxpa)sn 65 years old or older we permitted by State law' to pay to%es on homesteads In four lnstallmem s with the first due on fcbmary 1 of each year and the final instaltment due on August I. y PtnAtt tts A%o IYS rRExT . . Charges for penalty and interest on the unpaid balance of delinquent takes are made as follows { Cumulative Cumulative {� Month Penalty Interest Total j February 6% 17i 7% March 7 2 9 t April a 3 11 4 Flay 9 4 11 June 10 5 15 July 12 6 11 A RM Jul),penalty rrmains at 12$/N and interest increases at the rate of I%each month. In addition,if on account Is delinquent ! t in July,a 135.,sttomey's collection rice is added to the total lax penally and interest charge. Under certain circumstances,taxes which become delinquent on the homestesd of a taxpayer 65 years old or older incur a penalty of 9% per annum with no additional penalties or interest assessed. In general, properly subject to the City's lien may be sold, in whole or In parcels, l pursumd to court order w collect the amounts due. Federal dew does not allow for the collation or penalty and Interest against ) an estate in bankruptcy Federal bankruptcy law provides that an automatic stay of action by creditors and other entities, ( ' including gosernmental units, goes into cffcd with the filing of any petition In bankruptcy The automatic stay presents fl go,,cmmcmal writs from foreclosing on pnrrty and prevents liens for post-petition taxes from attaching to property and obtaining soured creditor status unless, in either case,an order lifting the stay is oMained from the bankruptcy tours, In man) cases post-petition Cues arc paid as an administrative expense of the estate in bankruptcy nr by ord`ir ortbe bankruptcy coup. C1 tv Arrt rrAnav or TA%CooE The City grants an exemption do the market value of the residence homeslead of persons 63)cars c r age or oldet or S2s,00o and those who arc disabled of S 10,000. • The City grants an additional one-half crane percent. or a minimum of S5,000 exemption of the market value of residence I l homestradv See Table I for a listing of the amounts of the exemptions described above. Ad vs ttcm lazes are not Ics icd by the City against the exempt value of residence homesteads fur the pa)mcm of debt. The City does not ta%nonbusiness personal properly;Lid the City c❑11ccb its own texas. 11 The City does not permit split payments,and discounts are not allowed. I C .( t he City does not tax rrecporl property. I �fI The City collects the additional one-half cent sales tax for reduction of ad valorem laces V The City has adopted A tea ,hatenicnt policy. I ! 14 �, fr 25 x ❑ 32 X I O t bnntsaa , ,' n rat ♦....♦rn.r waw ,...w,� ' i 1 TAx.AB.xTI TENT Pofacv.. . The City has established a tax abatement program to encourage economic development. ( In 1990 the City Council adopted B resolution setting guidelines and criteria for granting abatements in reinvestment tones crusted r ' within the City. Thew guidelines specifically note that Incentives we limited to companies which create new wealth and do not adversely X l existing businesses operating within the City.Since 1990,the City has agreed to abate taxes for only not company. ?� { On January 6, 1998,the council voted to abate taxes on 25%of S37,D70,000 In new construction and equipment to United Copper f TnduslHn for ti)ears beginning in 1999, United Copper is anew corporate citizen that will bring 260 john to Denton In its first year s r ?_ r and will employ up to BOO by its tenth year. � 7 ho final tar abalemrnt agreement is being prepared and is expected lobe formally apiroved in March 199. 1 he Company will s break ground on their new facility April I,1998 mid be fully operational on Jan•aary I,1999 ♦�, . T.xB6L1 • VALUATION,EXE xIlrloNl AND CLn[artOBLIGATIOYDEBT 1991,198 Market Valuation Established by Demurs County Appraisal District S 2,568,987,78 f Less Exemptions:'Reductionsa1100%Slarket Value'. Residence FTomestcad Exemptions S 44,864,827 i Ovcr65 Exemptions 6D,108,906 f Disabled Penuns Exemptions 1,253,183 1 Disabled Veterans lxemptions 2191,220 Agricultural Land Use Pruductiviry 75,249,894 Ilislorical'Olher Exemptions 4,727,451 y Freeport Exemptions 30,626,704 239,427,183 1991+98 Tarablc Assessed Valuation Jas of 1231.97) S 2,329,330,566 City I'unJCJ Debt Payable from Ad Valorem Taxes(w of 3.1.98)1°I 1 Ocncral Obligation Bonds S I2,181.730 1f Tav and L4ility System CertiBcalcs 12,145,000 1h Cemificalcs 3,625,000 the [fonds 9,660.ODO 1 PuuJcJ llcbt F'uyahle from Ad Valorem Taxes S 50,211,730 I 1 exs self-Supporting Ucncral Obligation Dclul 1 1,910,422 f jf General Purpose Funded Dcbt Payable from Ad Valorem Taxes S 42,301,308 f Inln est and Sinking fund c,of 930-97 S 504,160 , ' + Ralik)I utal I'urJed lkht to taxable Assessed Valuation. ... ... . . ... .. .. .. 2.165: RatioNet Funded Debt to TarablcA9wswd Valua0on .,. ..... ... — ... 1,82`4 � I 1998 Eslimaled Population - 72,230 Per Capita TmobteAswssedValuation • $32,243 Per Capita Total funded Debt $693 Per Capita NA Fundnl'kbt•$593 • I I t the above statement of indebtedness dues not include currently outstanding S78,510,D00 Utility System Revenue Bonds,as thew hunds are payable solely Crum the net revenues of the Utility System (the "S)stem"h as defined in the ordinances s ulhs ririr g the bonds. 121 Central obligation debt in the amounts shown for which tnpeymenl is provided from revenues of the reaptctive revenue I I k syslems. the amount of self supporting debt is bared on the percentages of rcvenue support as shown in Table 10. It Is the City's current policy to provide thew payments from respective system revenues;this policy Is subject to change in The future. IS I k zh 'K IQ 32XIO I i♦ l 1'I '. t t' Y ; e r OI •i 1 51 ( r I .f 1 11 1 � 1.I , , r , ;.a: Y' , TA1i TAXA1Lt AS%ESSLDVAL7'ATIONSOYCATEGORY ' Taeubre AppraBed Value for Fiawt Your Ended September 30, 1 1991m 399 1996 %o! `M,vtr %of ,I Cal n Amounl Tow Amount TOW Amount ToW ' }{r Red, eink w,malerik—ly 1,1) ,019,131 16. 1'0 6 1.067,05,541 1590% T 1,001,711,671 4316% Real,Residenli A.Multi-Family 2)0,1157 11 199,114,506 11 196,106,296 6.13: t ., Real Vacant LOt✓Tram 41 1.99% 49.916,176 2.15% 44,130,349 191% y Rear Acmap i Mly) ID2.541,727 413% 102314,337 413% 106,031,111 4.76% F lj Real Fe[m and Rod Imp"tlnenu 10,127,143 0.417: 9,166,355 03954 11 0.)9'6 Real,Commercial and lnduOU 411,771,902 11.121: 421,660,410 11.10'4 421,651,344 11.91% Rod and Tan6ible Porxlnal,Vulili a 61,115,511 1.59% 57,162,124 2.49% 36,996,195 2.36% Tangible PerprW.Commercial and Industrial 362.2251501 15.51% 346170.206 1663% 363510,061 16.:3% Tanlible Persmnl,Mabik l lomes 2074,662 013% 51,113,717 0.71% 15,511,7'10 1 Tangible Ptnone 1,Odom 1,060,7x7 0.33% S.M.150 013% 6,210,107 (1 1 Red Property.In%cni 0.00`4 0.0071: 0.00% . f Tim !Appraised Value Before EaempUnna 77 i 52901,{74 IOO OII•i .5.4. Il I IOO.OW4 ,226, t6•30 10000!r 1,4 Lein, Tmal EaemptionsReduaion, (219,421,1151 1213,112,1?li (231,144174) j1 Roll Under Poi 70,651,011 35,241,610 27,116,71) r- }�g1 Supplemmu 0.401,200 51,571,1o1 21,061,006 t F Taui Assessed Yalu° ,329,530, 66 TT16911119i I 2,04 ,61975 5 Taubk Apps"Value for I focal Ym Ended Sepui 30, 1995 199{ %of %or ,[y5 Gk O Amount Tun1 Amount Toul I P,441, nidmt.01,Single Family 1 96e360,329 160 % 91.343 D0 ITi3T 4+ Real,Residential,Multi-fam ilr 193.11 9.20.4 111,931 1 t ' Rral,Vr lt.^Tr" 43,534,0% 207% 4021 2.31'4 1 Real,Aueye(Land Onlyl 1 i9)69,017 7 67% 125,690,116 6 19x4 Real,ll[m and Ranch Imp"ements 1,539,137 0.41% 1,709,703 043% „ Real.Com"Nin end 5ndw0i6l 1910/0/1 11.74-4 310,171117 19.11% Real and Tanlib It Personal,Vtil:tin 76,764,711 2 694 55,446,1 2.73'5 Tangible Pernnal,Commercl at and lndwvW 306,157,301 1464% 291 14.71% - TantiMePerannd,MubiltlWmes 11,111,799 1 10,126,411 0.53% iing.hk Perxmal.Other 1,601,919 (1 3!74,070 ODI% Real Prorseny,lmem'ry Owi, 000% �Y Tidal Appraised Value baron Eaernptisma ,I ,701.113 7oo.OIPe 1 1.6323migs 10000.400.4 I.en Told Eaemrboro.Rcdusl inn, 12261371111 12)1,002))62 R011 Llnder Noted 65?10,145 51,131,301 Suppicmmu 32112AIS 17,513,071 Taubk A sussed Value 9 .6, 27 ]76 1 (1) Valuations sli are ccslfed taxable uscaeed values reposed by the Demmer Counn Appraisal District to the State ! Comptroller of Public Accounts. Certified values Are subject to change thrnughuul the year at contesltid valuer are resolved and the Appraisal District updates rca3rd5. pot the Fiscal Year ended 1996 the ealun are aI of D"ClIlher 31. 19974 E 1 1411IE3 • si AtION A%D(A-4LRAL012.1CATIO9 DEBT HISTORY r Net Ftatio Fiscal 73xahle Tax Debt "ha Debt Funded I } j Year Iiable A59essed Outmanding to1'avable Di 4 + I 1 1'nded Igi1maled Assessed Valuation at NO Aescssed Per I I 970 Population Valuation lll PerCepita of Year Valuation Carlta S i 1994 611,650 S 1,1175,109,346 .. S 21,314 S 31,590,535 1.1 S 460 I. i 1995 69,550 1,975,421 15.40) 29,564,797 1Witt 423 1996 70,450 2,047,119,765 29.066 211,202,477 1.3664 400 . 19111 71,450 2.169,192,097 30,369 29,977,009 11481 406 + 1991 72.250 2,329,530,566 32,243 40,331 ql 1.74'x0 $61 (I I Taxable a9sesxd 4alue IS of the end of fixal)ear, 1991 value as of December 31, 199E 12) Projected,Inc ludcs the flond%and Ctrl ificti � f 16 I ? i {: a.5 x I ❑ �� x1 ❑ r ie t F x t I `^ 1�' ; • ,, r . , r it a. , � ( ( ?1, F � � ,, IF ? + s` �'1l to , • ' n , , � .o,:. el .,� . �''�, l�ta A lv � �. I ,, I ) '•, Fl � .'��' 'i 4 � A e Y AM1l• E' i (. , t'. a Ir I TASH4 - Ttx RATr,I,Evv AND Coutcrios HISTORY �' r 1 Year Distribution ' Ended Tu General Interest and %Current %Total 3 555 9130 Rate Fund Sinking Fund Tax Lcl Collections Collections r A M 2 1994 f 0.74790 f 099130 $ 0.25660 14,D23,943 9 1 F0'%. 99.90Y. , 1995 0,56090 0.31540 0.24550 11,090,169 9865014 100.21% F* 1996 0.54090 0.31360 0.22730 11,076,657 98.88% 100.91% 1 1997 052840 0.32070 0.20770 11,465,710 98,70% 100.10`/9 1998 0.51315 032008 0.19307 11,953,986 N.A. N.A. � . TABLa S - TEri LM(;tST TA%TAI'LRS 1991198 %of Total 'taxable Taxable Assessed Assessed Name of Taxpayer Native of Property Valuation Valuation { PeterbiItMotors Diesel Truck Manufacturing S 47,435,623 2.04% 8 General Telephone Telephone Utility 42,516,494 1.83% {' Tetra Pak Packaging Manufxturing 23,139,393 1.11% NotamLYPIC Do/Epic hop) Denton Regional Medical Center Ilospitel and Professional Building 22,619158 0,975: it%asinstroments Electronic Stan ufacturing 18,592,907 0,80!4 W'al-Man Stores Discount Store 17,947,415 0.77% ' Guldcn Triangle Mall Shopping Mall 16,617,230 0,71% Andreu Corporation Electronic Equipment 15,681,827 0.67% , Albertson, Inc. Grocery Stores and Warehouse 12,762,134 0.5$% p ; W'cstdale Prop,Amer. I I Id, Apartment Completes 12,442,108 0338% S 231,374,989 9.98% GOLRAL OBLIGATION DLRT LIFOTATION ...No Central obligation debt limitation Is Imposed on the City under current State law or the City's Home Rule Chaner(see"Tax Rate Limitation'). TABt.t6 - TARADEOtAr1 1U 1998 Principat avid Intertst Requirements ..., .. .., ... S 6,307,993 , 50.2879 Tax Rave at 9956 Collection Produces ... .. ._ . .... ... . ... .. . . „ ....., ... S 6,308,967 -- Arcmge Annual Principal and lntereaRequircmrnL+,1998.2019 .. .., .. ..„. .............. .. ... .. ... ......,. S 3,772,798 l 50.1636 Tax Rate at 99°4 Collntion Products..��...... .. ....,... . .,. ........ S 3.773,001 i �► y v T•laxlmum Principal and InlaeU Requirements, 1999 . . .. .. .. .. .. ... ... .. .. ... .. ... .. S 7,797,832 I • So 3382 tax Rate at 9956 Collation Produces. _ ... .. .. .. .. ... . ... _ ... ... S 7,799,688 i v I (1) Includes the Bonds and Certifvcares,preliminary,subject to change, .r a ti 17 �2 x 10 i i � w � p y 'a 1 •tJt • I ! t"X.� " '} it , e x.: � cry ! u r;,r ! r J' r. i I,,.♦ �. ! u a ! � �' *NUBBY .j Y n n 5 F Y 1 r r . ,r., ♦r ,5 '♦ r r r Ia[lYIY 'h rr . rr r tt q 4i 1 11k� r. ` _ _ .-rn.+r. ♦.vr♦1ro4r•. ,� ,M1+1,"k.NVUa"Ylr.r✓w N.•w"ar��au.n � � 1 5 " 1 ,) r IILK 1 TABLE 7 ESTI IdATFD V"'FRt.APPri9G DLNT � - Expenditures of the various taxing entities wThir,the territory'of the City are paid out of ad valorem taus lcvled by such entities t i "r� t o on propenics within the City. Such entities are indcpcndent of the City and may incur borrowings to finance their expenditures This statement of direct and estiMWCd overlapping ad valorem tax bonds ("Tax Debt") was developed from information i contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas Except fm the amounts Waring to the City,the City has not indcpcodently verified the accuracy or completeness of Such informa5ion, and no person • r should rely upon such Information as being accurde or complete, Furthermore,certain of the entities listed may have Issued additional bonds since the date hereof, and such entities may have programs requiring the Issuance or substantial amounts of additional bonds,the amount of which cannot be determined. The following table reflects die estimated share of overlapping If { T,x Debt of the City, 199791 City s Authorised I '+ ToNabte 1991.91 Tottl Fllimand Osedrpping Sul L'nlv9ed 1 ' Ahmed Tu Funded r" Funded Debt Debt As Of Taxing lurirdiction Value Rate Dcbl Applkabla A,of 3.1.91 7.1.91 ti City of Denton 1 2,!29,!!0,566 1 d 11319 1 42,301,3011r' I00 00'5 S /2,301,!01 s 12,637,000 fhnlnn independrnt School blltrlrt 2,697,160,1)1 1 77500 19,011,6!1 It We 71A07,22! 71,73!,000 1 �• 1 +� Pen Ion County 11,311916,106 0.15390 61,765,000 20124 1:1,225.00 1!,113.000 1 13 Argyle bldependent School DitUki 253,431,161 1.61000 10.101.171 talk 191,39! 3,l1D,000 Krum to ndent School DisWct 100,330,166 1 51000 9930,DO0 0.594 !1,917 D daps t i `11 A Told Direct and Dyerlarping Funded Debt P 134.139 923 ! ' Ratio of Direst and Osedapping Funded NM to TlSaMe Annud Valuation 3.763: Per Cap1%OlerlappiDI Funded DRlt,.,.,.. 1.. ... ... 1 I,a7} + r d �! 3 (1)Includes the Bonds and Cenificelcs,less sdf•supponing debt. it 1 I t . t !r ' r uC E 1 1 " G t 1 r I6 ti i41 0 *JtaBIfB� , 0 Z. ii DEBT INFORMATION . TABLET - PRO-FORMA GENERAL OBLIGATION DEST SWICE REQO[AEMENT! Fiscal Year Total %of ` ' Ended Outstanding Debt t'Ij1j This 59,60,000 issue This S5,625,DO0Issue Outstanding Principal • ' 9'30 Principal Interest Principal nterestot Principal Interestl'i Debt Retired r � 1998 S 4,270,000 S 2,037,997 S 6,307,99) 1999 4,000,000 1,691,416 S 485,D00 S 683,191 S 555,000 S 383,224 7,791,832 2000 2,150,808 2,550,181 485,000 468,956 690,000 243,338 7,118,383 $ 2001 2,686,700 2,243,640 485,W0 443,494 72$,000 206,901 6,790,733 I 2002 2,303,728 2,106,216 485,000 418,031 77000 168,405 6,251,380 39.25% 2003 2,262,437 1,971,372 485,000 392,569 105,000 127,849 6,044,247 r 2004 114 8,037 1,638,819 485,000 367,106 370,000 97,593 3116,353 ` 2005 1,915,000 911,834 485,000 341,644 393,000 77,894 4,126,372 E ' 2006 1,703,000 812,390 485,000 716,181 410,000 57,165 3,785,936 ! 2007 1,715,000 719,080 485,000 290,719 55,000 45,191 3,319,990 66.21% '. 2008 1,335,000 621,780 483,000 265,256 60,000 42,230 3,009,266 2009 1,375,DOO 542,114 465,000 239,794 60,000 39.140 2,741,041 3 2010 1,285.000 468,367 485,000 214,331 65,000 35,921 2,353,620 i 2011 1,333,000 395,140 480,000 189,000 70,000 32,445 2,501,585 2012 1,405,000 318,299 480,000 163,800 10,000 28,840 2,465,939 1437% 2013 1,240,000 237,180 480,000 138,600 75,000 25,106 2,195,816 *•., �_ 2014 1,150,000 166,930 480,000 113,400 80,000 21,115 2,011,441 2015 LOBQODO 101,509 480,000 86,200 85,000 16,166 1,851,575 2016 160,000 46,844 460,000 63,000 90,000 11,360 1,332,204 2017 400,000 11,200 440,000 31,800 93,000 7,596 1,031,596 98,90% 2016 480,000 12,600 IOQODO 2,575 595,115 100,4094 S 37,431,730 S 19,592,604 S 9,660,000 S 5,247,673 S 5,625,000 S 1,671,734 S 79,228,761 I ® te�+mr aevadr aes� � canoe_ � { (1) "Oulstanding Debt"dkxs not include Irmpurchase obligations. (21 Includes self-supporting debt 131 Aserage life of the Issue - 10.347 )cars lutrrest on the Bonds has been calculated at the rue of 5.2314 for purposes of illustration ; (.4) A%erage vc or the issue 3.771 years. Interest on the Certificates has been calculated at the tale of 5.13%for purposes of p illustration V ` • TABLES • INTI aEaT AND SIN1ONG rt'.ND BUDGET PBO)EEWN 0 Tax Supported Debt Scnlce Requirements,Fiscal Year Ending P'30'911.4-11-1- S 5,224,875 Budgeedlraansfen.FundTatLevy�9... Callectien ........... ...... .,......S 4114.763 5.129.6]5 {1 P.stimated Balance,9.30.9T.,.,.,, ... ....... .... ................ ............. ....., ......., ......,, f 104760 19 r t -- k � . 32x ❑ } r , , o , yX r .k : T.xBLE 10 Comm-w VON Of StLtSUPPORTING DtK Nei e` Solid u Y Peal Year Ended.9. .. P k.ca.l.Ye. ar .. . .f 2,139,70040 1 Le s: Wsoc S)gem Revenue Bond Rg u remrnts 1991 Fiscal Yev.. .. .. . . ._ 0 d � rposn...... ... .. 2139,711 Soli Balance System Grxl Obligation Bond eq uiremenu, 199E 1.159. w r F 1 Balance........ ... , . . . TABLt11 . AtmIOatztoSctUNrssttcCtNiRS�..� ... ... .... .... ... ..... ... . .. .... ... .. ...... E0,741 l s ,.2 L OBLIGATION BONDS Amount Amount } Dote Amount 73creloforc Bcing Unissued { Purpose Authrnd Authorized l"t" Iarued Balance - u Street and TraRc lmpruvemenU 2121196 ( 11,112.000 f 3,375,000 f3,070,IX10 f 4,667,D00 , Drainage Improvements 2/2416 7,]38,000 1,390,000 3,540,000 2,308,000 I �' Parks 2124% 7,650,000 1,050.000 3,0$0,000 3,SM,000 't Street and Traffic Improvements 12'13/86 7,736,000 6,664,000 0 1,072,000 Parks 12/13/86 5,950,000 4,350,000 0 1 400,000 l S 39,686,000 f 17,029,000 f 9,660,000 f 12,997,000 r f t ANTICIPATED ISSUANCE of GENMI,OBLRSATION DEor ... The City does not anticipate the issuance or additional general t„? obligation debt aithln the next 12, TA 111,1,I2.01111tR 091 IGATIONS The City has entered into capital lease agmemenu The following is a schedule of future minimum lease payments under these l capital leases and the present value of the net minimum lease payments as of September 30,1997. Year Annual Ending Leese 30-Sep Pent ” 1998 S 16,299 1 1999 13,199 ti Total Min lmum Lease Payment $ 31,798 Less: Amount Representing Interest 13,52E1 Present Value of Nei Minimum I.ease Payments f 28,270 ` PLNSroN lot%D . . 1'he City provides pension bend is for all of its 151111-11 ME employees through the Texas Municipal Retirement System i-I-MRS"1, a Statewide ad ainistcred pension plan. the City makes annual contributions to the plan eyval to the anounls accrued for pension expense. (For more detailed information concerning the retirement plan, see Appendix B, 'Uxcv'rpts from the City's Annual Financial Report",1 20 1 r - - -- r ` 2r) 10 1 4 32X , +731 r ra- t , • � I r r i+ 1 S � r �I 1 4 It • i J't , •t• 1 1 .1 't r, � I IS 5:1� I ✓✓ ''. y '' y J r M+A3��t',tYt�,. w .. ,. ,. ( _.. �.... .�_ . ..,�.....��r,.r..r�.�.•.:W4�i�:.w.,.r.....r.l.a+•,o+.....�.u• � .. ' , ".` FINANCIAL INFORMATION 1 t Txat[13 • C[x[tut.FUrmR[ytrvutsAnnEzr[YOntmtHCStoav Fiscal Year Faded Septemba 30, 91, van 1991 19% 1993 1994 1993 1'un S 19,497,120 S 18,001,498 S 17,447,919 S 17,105,135 S 16,630,237 a ` Licenses and Permits 321,642 $12,676 388,274 411,693 338,519 y` Franchise Fa 6,592,694 6,061,241 6,112,149 777,025 122,181 ' Fines and Forfeitures 1,149,082 1,574,050 1,552,140 !,193,427 1,313,137 .:. Fm for Smice 1,372,126 1,140,724 1,144,994 1,023,766 814,129 InterestRnenue 610,619 71U89 693,211 410,394 517,293 + Interguvemmental 381,154 340,630 338,134 419,901 418,324 ' 1 ' MisaUaneous 412,339 362,370 360,227 $03,217 370,441 ..I Total Revenues S 31,301.396 T 29,169,711 S 21,439,111 S 21,926,251 $ 2064,991 a ' t xmndilures'. t General Government S 8,774,807 S 1,044,178 $ 7,716,321 S 13112,584 $ 9,381,080 Public Safety 14,867,747 13,696,602 12,492,125 11,713,241 11,497,213 + �+ Public Works 3,038,013 4,396,314 4,374,433 4,107,116 4,270,662 Parka and Recreation 2,910,631 2,735,176 2,481,27g 2,405,357 2,347384 ' capital Oullmy 593,416 635,151 622,009 420,981 266,)94 Tolsl Expenditures f 31,254,616 S 29,507,691 S 27,686,166 S 28,990,186 S 27,762,933 , �? Excea(dcfrclencylorRnenucs t k Over Expenditures f (146,220) S (311,910) S 732,232 S (7,063,921) S (6,397,933) r Proceeds of Long-Tenn Debt Operating Transfers Inl'I 3,023,502 370,003 174,691 8,153,072 7,701,7$2 Op.rating Transfen(Out) (1,303,450) (132,261) (121,542) (117,121) _ (151,771) E l Exam of Revmues and Other Sources Over(Under)Expenditures end 1 , '! Other Uses S 973,132 S (200,173) S 805,401 S 973,323 S 1,133,046 r Beginning Fund Balance 6,100,605 7,000,780 m 6,205,197 3,231,174 4,079,128 r { r I'.nding Fund Balance S 7,775,437 S 6,100,603 S 7,010,605 S 6,203,197 S 5,2)1,174 ,.ri '` •5, (I) From 1995 fortvard,administrative transfers and payments In lieu of taxes from utilities taere re-classified as reductions of " I 111 expenditures. The 1997 transfers Include a street usage fee from electric. t (2) Difference from prior year ending balance due to re-classification ofHotel•Moret tax resene fund, • I 11 � M, 04 t 3? x10 w , n •r O G. n I a ,r TAaL[14 • ML'NICIPAt.SALLs TAx HISTORY r The City has adopted the Municipal Sales and Use Tax Acl. VAT'CS, Tax Code,Cbapta 321,which grants the City the power to } f C impose and levy a I54 Local Sales and Use Tex within the City:the proceeds arc credited to the General Fund and are not pledged to ` the payment of the Certificates. Collections and enforcemenis are effected through the offices of the Comptroller of Public Accounts, 1 4�t &ate of T na, who remits the proceeds of the tax,after deduclion of a 2%service fee,to the City monthly. In January 1994,the voters of the City approved the imposition of an additional one-half of one percent('h of 114)lot Property tar reduction r• I ` _ Fiscal I ; Year !.of Equivalent of `V Ended Total Ad Valorem Ad Valorem Per 2ki 9130 Collccled 'fax Levy Tax Rite Capita `g 1993 S 6,311,913 45 Wi $03300 S 90 1994 6,962,105 49,64% 0,3713 101 ' 7 1993 10,147,978 91,592,1 0.5137 146 ' 1996 11,105,821 100,26% 0,3423 158 1997 12,139,975 10588% 0.3593 170 r The sales lax brcaY.down for the City Is as follows; Property Tax Relief 01139 + ' • Fconomlc and Community Devefopmcnt 0.004 i City Sales A Use Tar LOO, Size Sales A Use Tax L2.1t I I Total 7J5t f F17%00AL POLKILS 1 ' f Buis of Accounting . . . The accounting policies of the City conform to gerictally accepted accounting principles of the Governmental Accounting Standards Board and program standards adopted by the Government Finance Officers Association of the United States and Canada. The GFOA has awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Wntun for each of the fiscal yeas ended September 30, 1983 through September 30, 19% The City's current report has been submitted to GFOA to determine its eligibility for another Certificate. {y The City has also received the GFOA'S award for Distinguished Budget Presentation each)tar since 1988. The City his submitted [ . its 1997 budget to the Gf'OA to determine Its cligibilit)for another Certificate, The measurement rocuws for the Fnlerprise Fund, Internal Smice Funds and Nonevpcndable Trust Funds are Income [� ' determination and cost of sen'':e,inciMUvrly. Accordingly,the accrual bail,whereby revenues and expenses are identified in the r accounting period In which t'iey we earned and incurred and net income. Is utilired for these funds, 11te modified accrual bust, whereby reveroucs are mog'tized when they become both measurable and available for use during the)car and expenditures are ro.ugnGed w ben the related fund liability is incurred is used fur all other funds i Budgetary Procedures... ,o prescribed by City Charter the City Manager,at least 60 days prior to the beginning-reach flucal)'ear, 1+ •Y submits to the City C ounci i a proposed budget for the fiscal year beginning the following October I. The budget Includes proposed ) expcnditures and rcYcnuo required to fund the evpenditures. Following Council considerations, amendments and refinements,a 4 public hearing is ordered and conducted for the pure" of obtalning taxpayer comments, The budget Is finally approved and adnptnd by passage of in ordinance by the City Council prior to the beginning of the fiscal)'ear. The bud{et is adopted on a basis , consistent with generally accepted accounting principles. J 22 t , 4 2� x I ❑ 32xlq .tie, w , S .y " r f ,y � • , . � / t�: e t I SLEL " umoas k - The City of Penton invests its invenable funds In Investments authodzeJ by Texas law in accordance with Insestment policies apprused by the City Council of the City of Denton. Both stare law and the City's Investment politics arc subject to change, LrrAL 3WTDT11Ls-n. ..Under Texas la%,the City is authmitt to Invest in(I)obligations of the United States or its agencies and - inscrumcntatities, (2) direct obligations of the Slate of Texas or its agencies and Instrumentalities, (3) collateralized monglage obligations directly Issued by o itderal agency or InsWmemality of the Un fed State,the underlying security for which is guaranteed s k by an agency or instrumentality of the United States,(4)othcr obligations,the principal or and interesi on which are unconditionally guaranteed or insured by,or backed by the full faith and credit of,the SIa4•l of Tc.%U or the United Stales or their respective agencies and instrumentalities, (S) obligations of stales, agencies,counties,cities. and other political subdivisions of any stale rated u to investment quality by a nationally%cognized investment rating firm not cu than A or its equivalent.(6)certificates of deposil that arc guaranteed or insured by the Federal Deposit Insurance Corporation cr are secured as to principal by obligations described lathe preceding clauses or in any other manner and amount provhled by law for City deposits, (T)certificates of deposit and share ccr if cafes issued by a state or federal credit union domiciled in the Stile of Texas that are guaranteed or Insured by the Federal Deposit Insurance Corporation o the National Credit Union Share ,nn,rancir Fund, or we secured as to principal by' obligations described in the clauses(I)through(S)arm any other manner and amount provided by law for City deposits,(9)fully collateralized repurchase agreements that have a defined termination late,are fully m died by obligatioru described in clause(I k and are plwed Ihruogll a primary govemmenl securities dealer o• a financial institudon doing business in the state of Texas. (9) bankers' acceptances with the remaining terra of 270 days rr less,if the short-iem obligations of the accepting bank or its parent are rated at Icast A-1 or P-I or the equivalent by al leasl on.nationally recognized credit rating agency,(10)commercial papa that Is rated or Icasi A-1 or P-1 or the cquisnletn by either(a)Iwo nationally recognized credit rating agencies or(b)one nationally raolinized credit toting agency if the paper Is fully secured by an irrevocable letter of credit issued by a U.S.or slate bank,(11)no-load money market r' mutual funds regulated by the Securities and Fxchwge Commission th,d have a dollar weighted average portfolio maturity of 90 Jays or less and include in their in%olment objectives the maintenance of a stable net asset value of St for each share,and(12)era load mutual funds registered with the Securities and Exchange Commisskn that:have an average weighted maturity of less than two ),am ion gists^xdusis cly, in obligations describe! In the preceding clause and are continurusly,rated is to Investment quality by at least one nationally recogniYed insestmenl rating firm of not less than AA%or its equivalent a t he Cily may invest in such obtigaticros directly or through gosemmeot Ins�tment pools that invest solely In such obligations prosdcd th.a the pads are rated no lo"a than AA4A or AAAm.or an equivalent by at lead one nationally recognized rating service. ID ' the City is spevifrcally prohiboof from Investing in (I) obligations "hose payment rcpresems the coupon payments on the outstanding principal bahusce or the underlying mortgage-buked securiry collateral and pays no prita•lpali (2)obligations whose payment represents the principal steam of cash flow from the underlying mortgage-backed security and bents no Interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 )cam and (4) collateralized mortgage { obligatons the inlere%t rate of which Is determined by an index that adjusts opposite to the changes In a market index. I IN%I s nut s I Pot it . .Under Texas law,the City is required to invest its funds under"linen Insestoent policies thus primarily emphasix,;defy of principal and liquidity:that address investment diversification,yield,maturity',and the quality and capability of - Im estmew managvmcnl,and that includes a list of outhorited investments for City rund%,ma\tmam sllowable stated maturity orally indo iJunl inicslnwmt and the mavimum ascrage dollar•ucighted maturity allowed rot pooled fund groups, All City funds most tr insenred conwtant with a formally ndorted 'lnvcstrnent Strategy Statdmcni"that specifically addresses each funds' Investment Peach fnvcstm ni Strategy Siatemenl will x ascribe its objeclises concerning. (I)suitability of investment type,(2)presmaliom end II surety of priu6pol,13)llquidty,(4)marknnbilily or each ImestmenC(S!diversification of"portfolio,and(6)yield ('n&r Texas tack, City tnsesiments must be made 'with judgment and care, under prc%ailing circumstances, that o person of prudence discretion, and intelligence would exercise in the management of the perxm's own al[Taim not for specolatio. but for •! ' iuscslmod considering the rrubahle safety of capital and the pnsbahte income to be derived," At least quarterly the Investment offccrs of the Pity shall submil an In etment report detailing.(I I the Investment position of the City,(2)that all Investment officers t jointly prepared and signeJ the report. (3)the beginning market value,any additions and changes to market value and the ending I value of each poled fund group,(4)the bask%'slue and market salue of each separately,listed uset at else beginning and end of the rMniting Period.1 S)due maturity date of each septuately,Irtvesled asset,(6)the account or fund or pooled fund group for which each indi%iJual m%csrment was acquired, and (7) the compliance of the kwestmem rxmrohn as k miales toe (a) adopted Investment l strategy'statements and(b)slate law', No person may Invesl City fmds"Ithoul expo ass writlen authority from the City Council ( 23 - -- -- -- - , , l0 32XIO v 1 � � 1 � ^•s Vt r I,. r '. 1 t 0/ a, 1j") .1 .I r r $ 1 A�Y P � � ♦ �. � r Y l0/ 1 r� A t r0/ �t 0 'y .( Jlr 1 r ., r •r 1' r - 6. I ' 7" T 1 . D 4 , ADDITIONAL Paox'LSIONR.,.Under Texas law the City is additionally required to: (I)annually mviesv its adopted policies and s t tees. n' v B ,12) uire an �In eslmuml officers'with business rcletiondfi s or relatives with fumes xekin b sell 't .. re4 7 peal sawn Ies To r P g 1 , I the entity to disclose the relationship Will fit c a statement t w h the Texas F.Wka Commission and the City Council;(3)require the registered Pn inc{M I of Arms seeMns to sell securities W he City lo: a receive and review the Ci ty°s In v estmm policy, (6) , ackruiMed a that reasonable controls and B procedures have bronl implemented to preclude Imprudvmt lnvcsunent setiv{tin,and (r) = deliver a wnnen statement attesting to Om requirements;(4)perform an annual audit of live management controls on invcslmcnts J{ f . and adherence to The City's investment policy:(3)provide specific investment training far the Treasurer,Chief Financial Officer and ,1 investment officers; (6) restrict reverse repurchase agreements to as more than 90 da)s and resVict the investment of reverse repurchase agreement funds to no greater than TM term of The reverse repurchase agrocment;(7) restrict the investment In mutual funds in the aggregate to no nwrc then llo^:of the City's monthly average fund balance,excluding btmd proceeds and reserves and other funds halal for debt scalee and further rests the Investment In non-monry rnarfq mutual funds of any portion of band proceeds,resents and funds held for debt service and to no more than 11%of the entity's monthly average fund balance,excluding ,- t bond proceeds and rtsmes and other funds held for debt service;and(8)require local government investment pools to conform to the new disclosure,rating,net asset value,yield calculation,and advisory board requirements. I T. 1 r� TAate IS•CURM"INVE MLNTa i As of September 30, 1997,the City's investable funds were Invested in We following utegnrcl l . ;. Bock Martel . Description Persrnt Value Value j U.S.Federal Agency Coupon 24.55: S 1�462,30) 5 31,$07,903 I r U.S.Federal Agency Discount 28.6% 36,636,733 36,179,303 r! U.S,Treasury Securities Coupon 4),224 $3,468,741 35,720,100 U.S.Treasury Amortized Strip Bonds 25% 3,243,777 3,263,885 . h Texas Municipal Bonds 12% 1,499,402 2,301,150 1' 100.00/. $ t2g,312,763 8 121,874,543 M of such date,the market value of such investments(as determined by the City by reference so published quotations, dealer bids, and comparable Informatkin)was over 200% of their bock value, No funds of the City ate Invested In derivative securitks, lee., securides whose rate of return b determined by reference to some other kstwramt, index,or commodity. r r Y • f � I \ fl �e • • 24 t f� -- 2's 32x ❑ , Y ,saaaaRla , • 1 i ta�wrr • II i TAX MATTERS iOPIVI09...On the date of initial delivery of the Bonds and Certificates,McCall,Parkhurst s4 Horton 1-.1..P.,Dallas, Texas, ,. Bond Counsel, will render their opinion that, In accordance with statute, regulations, published rulings and court decisions existing n the date thereof, t)interest on the Bonds and Certificates will be excludable from the"gross Income"of the holden 'i B l g ,.n thereof and(2)the Bonds and CMifmates•pill not be Vested as"private activity bonds"the interest on which would be included as an altetnaliae minimum tax preference item under section 57(a)(7)of the Internal Revenue Code of 1986 (the "Coda'y. Except as staled ahnve, Bond Counsel will express no opinion as to any other federal, state or local lax consequences of the s purchase,ownership or disposition of the Bonds and Certificates See Appendix C•Form of Bond Counsel's Opinion. In rendering their opinion,Bond Counsel will rely upon(a)the City's no•arbitrage cenifseate, and(b)covenants of the City with If respect to arbitrage,the application of the proceeds to be received from the issuance and sale of the Bonds and Certificates and I. ! r cenain other masers. Failure of the City to comply with these representations or covenants could cause the Interest on the Bonds ll and Certificates to become includable in gross income retroactively in the date of issuance of the Bonds and Cettificales. i I he law upon which Bond Counsel have based their opinion Is subject to change by the Congress and to subsequent judicial and 5 administrative imerpretation by the courts and the Department of the Treasury There can be no assurance that such law or the pinterpretation thereof w ill not be changed in to manner which would adversely affect the tax treatment of the purchase,ownership or disposition of the Bonds and Certificates, - FtoEam,Noxlt TAX AcwtxTINc TRFATMILS10FORIGINAt Isst't DlscotsT.. .The initial public offering price to be paid for one or more maturities of the Bonds and Certificates(the "Original Issue Discount Bonds" or "Original Issue Discount Cenif cures")may he less than the principal amount thereof. In such event the diffcrcnce between(i)the amount payable at the j ti maturity of each Original Issue Discount Bond and Original Issue Discount Certificate. and(ii)the Initial offering price to the 1 P' ]I public of such Original Issue Discount Bond and Original Issue Discount Certifcatee would constitute original Issue discount a l with re..peci to such Original Issue Discount Bond and Original Issue Discount Certificate in the hands of any owner who hill - rurrhased such Origir.l Issue Discount Bond and Original Issue Discount Certificate In the initial public offering of the Bonds and Certificates, Under existing law,such initial owner is entitled to exclude from gross Income(as derined In Section 61 of the j r Code) an aninuni of income with respect to such Or;;final Issue Discount Bond and Original Issue Discount Certificate equal to h that punion of the amount of such original issue discuea!ellocahle w the period that such Original Issue Discount Bond and Original Issue Discount Certificate continua to be owned by such owner. for a discussion of certain collateral federal lax conuquences,see discussion set forth below, , In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Bond and Original Issue Discount Certiricare prior to stated maturity,however,the amount redited by such owner in excess of the basis of such original Issue Discomfit Bend and Original Issue Discount C•enif,cate in the hands of such owner(adjusted upward by the portion of the j (original Issue discount alfocahle to the period for which such Original Issue Discounl Bond and Original Issue Discount C'cnilicam was held by such initial owner)is Includable in gross income. I!ndcr evistiog law,the original Issue diseounl on each Original Issue Discount Bond and Original Issue Discount Certificate Is l i accrued daily to the stated maturity Ihereor(in amounts catculaled as described below for each six-month period ending on the dare before the semiannual anniversary dates of the dale of the Bonds and Certificates and ratably within each such six-month ` I poriudy and the accrued amount Is added to an Iniiial owner's basis for such Original Issue Discount Bond and Original Issue ` f siscounl C'cnificute for purrnses of determining the amount of gain or less recol iced by such owner upon the redemption,spit 1 or nlhcr disposition thereof the amount to be added to basis for each accrual period is equal to(a)the sum of the issue price and the amount of original issue discount accrued in prior hc•iods multiplied by the yield to slated maturity(delermined on the hasis of compounding at the close of each accrual period and prn,N•rly adjusted for the length of the accrual period)less(b)the j amounts pay able ai current interest during such accrual period on sx: C crtificate. • the federal income lax consequences of the purchase, ownership, reci mpilon, sale or other disposition or Original Issue DISOUnf Bonds and Original Issue Discount C'ertificatcs which are not purchased In the initial offering at the Initial ofrcring price may he dctennisr I according to rules which differ From Anse desc ribed above A11 owners of OrIg1n%I Issue Discount Bonds and Original Issue Dkmarl Cenillcnles should consult their own tax odvlsan with respect to the dclermination for ? federal, slate and local' Income tar purposes of the treatment of Interest accrued upon redemption, sale or other disposition of such Original Issue Discount Bonds and original Issue Discount Cenifiates and with respect to the federal, state, local and foreign htr consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discodnt I Bonds and Original Issue Discuunl Certificate 0 - Coll AItRAt FtbLRAL IxrOSlt TAX CoxstQrtxcts The following discussion Is a summary of certain collateral federal `J Income tax consequences resulting from the purchase,ownership or disposition of the Bonds and Certificates, This discussion is based on existing statute,regulations,publisbed filings and court decisions,all of which are subject to change or modification, j f rctroacrisely, I 1 25 l 1 - -- - 10 32xlo ,44 f A , ��,. r , rl1 1 r , r t -,f' 1 1! r^•}`�. ra ys r,tf ! f•a � l r �� 1+� The following discussion is appiicab a to investors,other than those who are subject to special pro Vlslons of the Code,such as I ` f financial institutions, propene- and casualty Insurance companies, life Insurance companies, individual recipients of Social I ' ` { Security or Railroad Retirement benefits,owners of an Interest In a FASIT,individuals allowed earned Income credit,certain S corporations with Subchapter C earnings and profits and taxpayers who may be deemed to have Incurred or continued , ` f•, 1 indebtedness to purchase tax-exempt obligations. , INVESTORS, INCLUDING THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD CONSULT THEIR OWN TAX ADVISORS u'S TO THE TAX TREATMLNT WHICH MAY BE ANTICIPATED TO RESULT FROM THE PURCHASE, OWNERSHIP AND DISPOSITION OF TAX-EXEMPT OBLIOATIONS BEFORE DETERMINING WHETHERTO PURCHASE THE CERTIFICATES. ' Interest on the Bonds and Certificates will be includable as an adjustment for "adjusted earnings and profits" to calculate the v , alternative minimum tax Imposed on corporations by section 3 of the Code. Section ss of the Code Imposes a lax equal to 20 percent for corporations,or 26 percent for non corporate taxpayers(26 percent fur taxable excess exceeding S 175,000),of the k taxpaws victnative minimum taxable income,"if the amount of such alternative minimum tax Is gr.sler than the laxpa)ces regular income tax for the taxable year -. �} Interest on the Bonds and Certificates may be subject to the"branch profits tax" Imposed by section BBe of the Code on the 1 T ,+. effectively-connected eunm sand proritsors foreign corporation doing business In the United Slum Under section 6012 of the Code, holden of taxexempt obligations, such as the Bonds and Certificates, may be required to disclose Interest received or accrued during each taxable year on their returns of federal income taxation. r i Section 1276 of the Code provides for ordinary Income lea trcatmenl of gain recognized upon the disposition of■tax-exempt .y obligation.such as the Bonds and Certificates,if such obligation was acquired at a"market discount"and if the fixed maturity of E such obligation Is equal to or exceeds,one year from the date of issue Such treatment applies to"marlin discount bonds"to the extent such gain does not exceed the accrued market discount of such bonds,although for this purpose,a de minimis amount of q% market discount is Ignored, A"market discount bond" is one which is acquired by the holder at a purchase price which is less d&$ than the stated redemption price or, in the cesc of a bond Issued at an original iuue discount, the "revised issue price"(i.e.,the i Issue price plus accrued original issue discount). The"accrued market discount"Is the amount which bean the same ratio to the ! market discount as the number of days during which the holder holds the obligation bean to the number of days between the acquisition date and the final maturity data, STATE,Local Avo Foatacn TAxts.., Investors should consul)their own tax advisors concerning the lax implications of the purchase, ownership or disposition of the Bonds and Cerifcalts under applicable state or local laws. Foreign Investors sJmold also consult their own lax advisors regarding the last consequences unique to investors who are not United States persons i If r r C I , i r � �.• it 1 I • • , r 1 ! 26 3 � �. ? I•.' rY nom! ,'., , �, �')v , 32X 10 a I • `:. O 0 fill E R IN FORMATION RsnNCS "I he presently outstanding tat supported debt of the City Is rated"A P by Moody's and'AA." by SAP. The City also has Issues outstanding which we rated 'Aaa' by Moody's and "AAA" by SAP through Insurance by various commercial Insurance companies. Applications for contract ratings on this Issue have been made to hfoody's and S&P. An explanation of the significance of such toting&may be obtained from the company famishing the rating, The ratings rcna-t only the respective , %ic%s of such organization and the City makes no representation as Ia the appropriateness of the reting%. pure is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the Judgment of either or both companies,circumstances so warrant Any such dowmvvurd revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of tine bonds S 1.t IIGAiIOV It is the opinlon of the City Attorney and City Staff that there is no pending litigation against the City that would have a material r aJvetw financial Impact upon the City or It;operation. 1` RKIYtA1.1ION AAD Qt At HICATION Or Si ANDC1,11ttIrICA1LS FOR Ski The sale of the Bonds and Ccnif cats has not been registered under the Federal Securities Act or 1933, as amended, In reliance upon the exemption provided thereunder by Section 3p1f21; and the Bonds and Certiticates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Bonds and Certircates been quulilicJ unJet the securities eels of any Jurisdiction. 'rho City assumes no responsibility for qualification of the Bonds and Cctiiticutcs under the securities laws or any Jurisdioion in which the Bonds and Certificates may be sold, assigned,pledged, hypmhecnled or ulherw Ise Iransferrcd. This disclaimer of responsihiliry for qualification for sale or other disposition of the Bonds and Certircotcs shall not be construed as an interpretation or any kind with regard to the uailability of any exemptlon from securities registration pro%Wttns. 11.1:11 1N%I S 1 4011 AND F1.16111I1.I tl'10 SU I XF III ill IC Ft NIN IN Trx.AS Secion 9 or the Mond Procedures Ad pro%idcs that the Bonds and Certif cotes"shall constitute negotiable instruments,and are in%nuneot AWIrilics go%erncd by Chapter A, mess Uniform C•ommenilal Cade,notwithstanding uny provisions of law or court derision to the contrary, and are legal and outhorind investments rot banks,savings hanl s,trust companies, building and loan a::�.ue ation%, savings and loan assoclalion&, insurance companies, rduclarics, and trusltes, and for the sinking fund of cities. towns villages, school disirlda, and other political subdivislons or public agencies or thr State or Texas". The Bonds and C:vGf cater arc eligible to secure deposits of any public rands or the state, Its agencies and political subdivlslom, and are legal sevurily for those Jepo%tts to the CNlent of their market value rut political suhdivlslons In Texas which have adopted in%esmmni policies and guidelines in accordance with the public Ponds Imeslment Act(V.T C.A , Government Code,Chapter 1 22561.the Bonds amt CCrl1rc0(cs 1111) have to be egs ii a raling of'A'or its equivalent as to Investment quality, by a national rating ug%ncy before such obhgatione are eligible invcstmen4 fur inking runJs and othrr public funds. No review by the City has been made ur the laws in oiler %lutes to determine whtihcr the hoods and Certificates are legal investments for venom hwtilwiuns in those siWes II I I 11.OP N IIIW AND Nil-Li I iu 41 Iovi CLR t I Fir 4 1 r the ('I t) will fumish a complete Iran scrlpt of proceedings had I no;ldcnl to the awhoriialtell and Issuance of the bonds and , 1 l'e+n Ilk ates. including the onquah III toll eppru%init legal opinion of the Anumey Central of I"seas approving the Initlol Bond and milts!Co:rtinoale and to the effect shat the Ronda and CcMIficales are valid and legally binding obligations of the City,and based upon ex too i oat ion of such Iranscript of proceedings,the approving legal opinion of Sun Counsel,to Iike effect and to the cprect I 111A the iulere%t on the BuaJs and ('ertircams will be excludable from gruss Income rot federal Incnene tai purposes under % l Sed,o i Iola)orthe C'nde,%ubject to the mailers described under"rase Mellen" heteln, Including the alternative minimum lax in enrrmilions. lire vio lomary closing papers,including a certlCcate to the effect that no litigation of any nature has been riled of is then fiend rig to restrain the issuance and delivery of the Bonds and Certificates.or which would Weil the piosl%lon made fur their paymcnl or security,or In any manner questioning the validity of said Itsmds and Certili will also be famished, B red lbungel wa% riot requested m participate, and did not take part In the preparation of the Native of Sale and Bidding Inetruc'tions, the Ullicial Bid form and the 01Teial Statement, and such rem has not ossamed any responsibility with ti Q ' iherctn or undertaken indeptndemly In verify any of the information contairi they ri, except (hat, in its capacity as Bond l'ounset, such fmn has rc%Icw ed the information describing the Bonds and Certificates In the Official Statement to verify that , I such descripfun conforms to the provisions of the(hdinanca, the legal Re to be pal! Bond Counsel for services rendered In connccllun with the issumce arthe Itonds end Certificates is contingent on the sale and delivery of the Bonds and Certificates. i the Icii opinion will accompany the Ponds and Certificates deposited with bTC or will be printed on the Bonds and certificates In the event of the discontinuance of the Bock"frih)-only System, 21 I f� > t 32 x � Q I" 4 • r ' I iAt'TDL\77(III OF FIN%%(I DATA AND0f11Ta INrciRMATION r 1'he financial data and other information contained herein have been obtained from City records,audited ran metal statements and r other sources which are believed to be reliable,There is no guarantee that any of the assumptions or estimates contained herein will he realircd All orthe summeries of the statutes,documents and resolutions contained in this Official Statement are made ' ! subject to all of the provisions of such statutes, documents and resolutions. 'These summaries do not purport w be complete statements or such pruvisions and reference is made to such documents for further information. Rererence Is made to original dmumcnis in all tespecli Co%i is I'I]G D I ti(Lrlc(R[OF Iv FOR sLU rO,Y In the Urdinance.the City has made the following agreement for the benefit of the holders and beneficial owners orthe Bonds and C'crlificuteg, The('its Is required to ohsene the agreement for so long as it remains Obligated to advance funds to pay the II Bonds and Certifcates. Under the agreement, the City will be obligated to provide certain'-ndalcd financial Informatlon and nperating data annually, and timely notice of specified material events,to certain Information sonAors, I>Js inrormation sill he III available to securities hrukers and others whit subscribe to receive the Information from the scndon. Asm At,RLFORfx.. Ihe City sill provide amain updated Cnancial infortnalinn end operating data to certain infomiatlon i %cndors annuall). the Information to be updated includes all quantitative financial information and operating date with roped to the City of the general type included in this Official Statement un Jet Tables numbered I through 6 and 8 through 15 and in Appendix 14, 1 he City wit!update and provide this Information withal$ix rtsnnthg after the end of col, fiscal year ending In or { alter 1998, The City will provide the upd;ded Infurmatlon to cuh nationally recOgnired municipal securities Information I I repository("NRNISIR")and to any state information depository ("SID")that is deMilosted by the State of Texas and appruvrd by the State of 1'exns and appru%cd by the staff of the United Stales Securirics and Exchange Commission(the'SU'") ' Ihe Pity may pruside updated information in full Lett or may incorporate by reference certain other publicly a+allable I 1 documents, as permitted by SIC Rule 13c2•12. Ihe updated information will include audited financial statements, if the City commissions an audit and it is completed by the required lime. If audited financial statements are not available by the required time, the City sill provide unaudited financlul emlcmeots by the required time and audited financial statements .sbcn and it such audited Marcia)statcmentsbconnic available. Any such financial statements will be prepared In accurdance with the accounting O principles dexribed In Appendix B of such other accounting principles as the City may be rcgstlred to employ from time to time pursuant la state law or regulation. The C'ity's current fiscal year end Is September 30. Accordingly,it must provide updated Information by 131 in each)cw, unlessthe Pity'changes its fiscal year !f the City changes Its fiscal year, It will notify each NRNISIR and the SID of the change, the Mupicipal Advisory Council of resa, has been designated by the Stale of rii and rpprovcd by the SEC staff as a �! qualified SID 'Ihe address of the STunicipal Advisory Council Is 600 West 8th Street, p,Or Box 2177,Ausrin,Texas 18168• 2177,and its telephone number Is 512,476-6947, IF 1 M ttaalvt.Cuts i Sores ts. The City %ill also preside timely nuteca of certain wants to certain information vcndors, [be 1 1 Pity'sill provide notce of any of Ihe fallowing vents w iih respect to the Bonds and Certificates,of such event is malcrlal to a decision to purchase or sell Bonds and C'ertiricates. 11)principal and interest paymcnl delinqucucics;(2)nen•paymcnl related ,I v defaults; (1) unscheduled draw un debt eenice rcwnes lenecting fnancia! diReulties; (4) unscheduled draws on credit eohancctueuts reflecting rmandal dirt' ies, Ill substitution of credit or liquidity proslders, or their failure to perform; (6) adverse I;n opinions or csoris affecting the taxascmpr status of the Bonds and C'crtirestes', (7) mode icatlons to rights of '* holden Of the Bonds and C'ertiticatesa (8) Bond and Cettiricate calls', (9) defeasmces; 110) release, substilulton, or sale or property, securing repa)men! of the Ronde and C'crtlricares; and(11)rating changes. (Neilhar the Bonds and certificates nor the Ordinance make any pwi,lskm for dchl scrOce reserves, credit enhancement. or liquidity enhancerient 1 In addition,the City , sill provide timely notice of any failure by the City to provide Ii6umation, data,or financial statements in accordance with its agtcentcnl described nbme under"Annual Reports' the City will pro0dir each notice described in this paragraph In the SID and 61 either each NRMSIR or Ihe Municipal SMIN110 Rulcmaking Board I"NISRB") At,aII.Ar11Ilit OF NORM V10%MUM WISIRe AND SID. .'Ihe['it) has agreed to provide the rorellokng Information only - �` ' to NRMSIRs end the SIP, The Inrormulion will Iv available to holden of Bonds and C'ertlpcales only If the holden comply with the proecdures and pay the charges established by such Information scndon of oblain the Information through securities broken who do so. Q 11,11611?nnIINx AND AAIF,NMIINTa . , The City has agreed to update Inrurntation and to prosaic notice of material events only as { { V described Shave, The ('its has not agreed In provide uthrr Information that may be relevant or material to I complete + presentation or its financial results of Operations, condition, or poKipcds or agreed to update any Infornation that is provided. except as described above The City makes no tepregentathm or warranty comrrning such Informatlon Or concerning Its uscfu)ncss to a decision to Ines) in or sell Bonds and Certificates at any future date. The Cat'disclaims any conlraclual cr tort f 26 f : 25 10 32x1 [1 h ' ,. I I G f l I� 1� �,� � � t t w�.1 1 y+ •� F +" 1 tat )1 t t ,a o r , " I i I � , liability for damages resulting in whole or in part from any breach of its continuing d;wlusure agreement or From any stalrment I made pursuant to its agreement,although holden of Bonds end Centric ales ma! seek a writ or mandamus to compel the City to ` comply with its agreement. lbe City may amend its continuing disclosurr agreement from time to time w adept to changed circumstance that guise from a i' change in legal requirements,s change In law,cr a change in the Identity,nature,status,or type of operations of the City,if(i) l the agreement, as emended, would have permitted an underwriter to purchaw or sell Bonds and Certificates in the orfering t described herein In compliance with the Rule, taking Into account any amendmanb or Interpretations of the Rule to the date of such amendment, as well as such changed circumstances,and (ii) either (a)the Lolders of a majority In aggregate principal amount of the outslandtng Bonds and Certificates consent to the amendment or(b)any person unslTdtated with the City(such as III nationally recognlred bond counsel)determines that the amendment will not materially impair the Int;rets of the holders and Nricricial owners orthe Bonds and Certificates The City may also amend or repeal the provisions of this continuing disclosure S agreement if the SEC amends or repeals the applicable pwo lstotts of the SEC Rule ISc2.12 or a court of final Jurisdiction enlers Judgment lhut such provisions of the SEC' Rule I3c2-12 are Invalid, but only if and to the estenl Feat the proclslons or this mnlence would not prevent on underwriter from Iawfully purchasing or selling Bonds and Ceni4eates In the primary offering of the Bonds and Certipcoles If the City so amends the agreement,it has agreed to include with the next financial information and I i operating data pro%Wed In accordance with its agreement described above under'Annual Reports" an explanation. In lucrative form, of the reasons for the amendment and of the Impact orany change In the type of financial Information and operating data ,a so pro%Wed, • 1 [ CONM 101 a %1111 PRIOR U*,nra1A%tHil.. 1'he City has complied In all material respects with all continuing disclosure agreements mode by it In accordance with SEC Rule 150.11 Fv,tviiii,Anshoa first Snuttwest Company Is employed as Iinanclal Advisor to the C'ih In cnnncution %ith the Issuance of the Bonds and Certificates The I'mancial Advisors fee far scry Ices rendered with respect to the sale of tLe Bonds and Cerlifcales is contingent s upon the issuance and dcliscry of the Bonds and Cenifcates. First Southwest Company may submit a bid for the Bonds and Iccrtificates, either independently or as a member ors syndicate organlred to submit a bid for the Bonds and Cetliftcales. First 1 Southwest Company.in its capacity as Finonciol Advisor,has relied on the opinion of Bond Counsel and has not verified and does nut assume any responsibility for the Information, covenants and representations contained In tiny of the legal documents with respeet to the federal income has status or the Bonds and Certlfrcales,or the possible impact of my ptesent, pending or future actions taken by any legislative or}udidal bodies. In the normal cuursc of business,the financial Advisor may from time to time sell lalei0lilenl securities to the City for the Imestment of bond proceeds or other funds of the City upon the request of the('ity. I Clailltt 1110*,Or tilt OlII(M.510C111\1 At the tine of puyment Fur and delivery of the Bonds and C'ertincores, the city will (4mish a cemipcate, execuled by proper officers, wing in their official capacit), to the elrect that to the best or their knowledge and belief (a) the descriptions and statenlclns of or pertalning In the City contained in its OlTiclal Statement,and any addenda,supplement or amendment thereto, can the Jute of such Official Statement. on the date of sale of said Bonds and Cenlftcates and the acceptance of the best bid therefor, and on the date of the delivery, were and are we and correct In nil material respecu, (b) Insofar as the Clty and Its alfairs,including its 4nanclal affairs,are concemed,such Official Statement did not and does not contain an untrue statement of a matctial fact or omit to slate a material fact required to be stated therein of necessary,to make the staltwisu therein,In the light of the circumstances under which they were made, not misleading; (c) Insofar as the descriptions and slatemenu, Including v financial data. of or pertaining to entities, other than the City, and their sctivitie contalned In such Official Statement are Concerned, such statcmenty and dais have been obtained from sources which the City believe to be reliable and the City has no ' reason to bcticse that they are untrue In any material respect,and(d)there has heart no material adverse change In the financial condition of the City since the date of the lml audited financial slatemenls orlhe City. the Ordinance authoridng the issuance of the Bonds and Certificates will also approve the form and content or this Official Statement,and any addenda,supplement or amendment thelrlo,and authorise Its runhcr use in the reoffering of the Bonds and Certirtcntes by the Purchaser • JACK MILLER Coy of Demon,Tow , F ATTEST; ! IENNIPEA WALTERS City Secretary 32 10 20 + �• t , , ., e + *r 4 � ti'•' 4 rF k'1 1� t �,'r "L�ar� t,�y.� ,rl r•1:` aa T •har•{ j�`r` +�,� ° r 1 •r } �`,•�. 1 (, r .t y ! � j ,t �ti1 f �' � Y;a � I 1 W. t r 'I 1 k'F i' yP¢ 4 n { �t • � p7 � � ,!��. .1. k ` I r { I'• y f 1 I` 1 �I ( iL � + 1� t • r I � � O �` �r • &VINIA • ; 1^ 14 � F1', 'k ��i ty41�••,1 My a� a4 L'`r �r mT1 }I � w a � _wJ _ , _ I 1.. .y�°. _ . ., ! �_ 'F .�r,+.wh a.�w�°1•'i.°.us.....°.w-.r.. .a �...�, _.. �Ak! � I o I. II APPENDIX A ,y CES17RAL INFORSIAT10N REOARDINO THE CM' ' I + Amarilo I. �. 11 DENTON Fort Worth■ •DaMal r I. 5 IPalo I� Austin • • Noua1 ban AMIDMI0 I M I 1 P [ rI' f II 2 K 10 i7 e' 3xIQ ,� vas' r �:+ {T r i .�''� 4 '< ,v r• p u r.i MR aass atnmaa 'r e i71/MRt6ID " a } Lot A1104...The City of Denton is situated In the northern portion of the DallasTon Worth Consolidated Statistical Area(CMSA), The City is of icial ly a part of the Daliash'on Worth ammplex,and Is situated of the apes or a triangle based by Dallas(31 miles to {i the southeast)and Fun Worth(36 miles to the southivesI)t The City has excellent access to and from all par"of the Brea Ecosoml ...Denton Is in the midst or a rich agricultural and livestock ura; The hub city of Texas' nrw "Land of[.ekes" region, which provides Denton and neighboring cities with abundant water for municipal,Industrial and recreational purposes; f One of the Three mgjor university centers in texas; R }� The homeurdiversifcd Industrial interests; T The she of the Nation's first underground Control Caner of the Otiice of Emergency Planning and 0111ce or Civil and [kfense ��- Mubilirntlon; , Chic of the key cities In the annumlcally significant Dallas Cunsolidmed Metropolitan Arco Rte a.,T Dtsstorxn:xts, . . Recefu events shLmid have a positive cfTeo tut local economic conditions. The 1125 sales tat to reduce property tax took elTcxt In January, 1994, Sales tax receipts grew from $11,103,821 at September 30, 1996, to$12,139,976 at g.. 1 September 30, 1992 i +;: a international Isotope.,Inc, a radioisotope manufacturer recently purchased an 80,000 square foot building previously occupied by Union Camp. In sdditiort, the company is constructing tw'o new buildings(valued at approximately V x: million)near the micrsection of Woodrow Lane and Spencer Road, The new buildings will be the first to occup,, "it North leans Research Center. Ancillary operations, such m pharmaceutical eompanles and medical equipment on anurucnucrs are expected to fallow. t he company will manufacture radioisotopes to he used in nuclear medicine t dingnosticr and therapeutics. a first I hAM lal Resources completed consimojon or i new orrice fecihry on Kimberly Street. The new facility is v ' HI,}005quare feet and valued al approximately $987,000. Ia Morrison Milling completed a 7,500 square foot office expansion, valued al sppruximately 5325,000,at their racility locoed on I.uq prairie Sireci and Bell Ascnue. - a Desclopmcros at Denton Municipal Airport In Ovtober 1997,Nebrig dt Associates relocated its timnefl brokerage firm from Dallas Dose Field to their new hangar and offices at Dentin hfunlcipal Airport. The airport's newest desclopn,cot project. I langar 10 1'1)log bluseum is under construction and will open Ols summer. The museum has vtorgte, dock) and ofrice (aulitics. F.rell Aviation assumed the full service 1130 (plied Rase Operations) at the wrpon un May 1, 1997 the I'.re0's hale extensive development plans, which include remodeling and expansion of thcircunud facility to prrvlde a pilofs lounge and fcvur,.urant. In addition,the Ercll's will cnnatruct a new hangu for their wwhird restoration opefatinrt I Mirtrcll klauufacturing. Inc. moved into their new 39,96(1 square foot office and manufacturing facility located at 22(N)A'onhinglun TMs new building Is Phase One of a two•pbtw project planned by the company as It expands Its operations in Denton. I a Ncw Apanmcm Compleves. Waterford at Spencer Oaks on Spencer Road(279,000 feet). l • sgvue i a flat T?irks Roller I iockey Rink opened In Septrmber, 1991. The facility Is 60.000 square feet and locludn a rink,pro shop,anJ concession stand, The nrw facility, located on Nfophill Road,Is valued at approximately 31,931,400, a I lobby Lobby an Oklahoma City based retail crags chain rcnuvaled 62,030 square feet of a building vscaled by Wal y Mort when they' constructed their new superstore. The approximate value of the Ilobby hobby renovation was 5320.nt10 I a Denton Community I lospital began a$6 million expansion that will Include facilities for operating roums and recovery 0 areas. I be ex pans I on a ill be completed In Fall 1998. a Columbia Medial Center began construction on a S71 million, 196•bed hosplid(272,13(10 square feet)loaaled on 1.33 Last at May hill Rnad. The new medical center will have a full•service emergency center. The Hears Center of Denton ! - will be located In the new facility offering open hears surgery,coronary angioplasty, cardiac catheterirstion, cardiac 11 rchahilitatinn, and patient and family support groups. Also planned Is occupational medicine specialising In injury A" I ' I 2 5 )c i C7 32X a �rt * ' E I is '.� w'�+ taataoto r' ,L C 1M1S � n ... ..� v ..-,Wr u�iwwn.rn..,11Ir•114M,NY•MM/✓.,,WH.wJ•'a.•a• � ' t r manaVmenk lim"rillon medicine, and health surveillance and the Woman's Pavilion spaisliting In obstetrics, r j'1 gynecology,and pediatrics. Skyfab constructed a 22,300 square foot commercial metal manufacturing facility,valued at approximately $711,11110. the new facility 13 located of 9070 FM 2181 I Locke Wholesale Suppliers moved into 32,000 square feel of the building vacated by Wal Man in May. 1997 when i i- they constructed their new superstore. I The Family Doctors built a new 11100 square foot office facility on Teasley Lane valued at approximately 51,100,000 Texas Motor SPredway:l'he 1,200•scre speedway complex hose L5 mile oval track and seating capacity of 163.Nk. I r The facility cost approximately S100 million to construct. 1'he speedway's Inaugural races were held April 6 with the 1 Coca-Cola 30O NASCAR Busch Series on April 5th and the Texas 500 NASCAR 11'inston Cup Race on April 61h. 1 ' , I Anderson Merchandiscn: The new assemblylwarchouse facility(248,000 square feel) for the distribution of books, 1 music and videotapes opened in April, W. The building is valued at 51.6 million and employs approximately 300 .'s I Denton County is nearing completion of construction on the new 181,000 square foot counhnuse Iocated at 1-450 East ' McKinney Suers. The new facility Includes 10 courtrooms, rise district courts,two county criminal courts, and one i Statutory probate court. A 100-room holding Jail will ocu+py over 1 1,000 square fact of basement space. The total pmJect cost Is estimated al$I8,9 million, Completion of the projml Is scheduled far March, t 998, + ' a Denton County Juvenile Dkiemtion Facility expansion will add an additional 72 beds to the current facility A f ` standardized pod configuration(if 12 bedrooms per pad hair been utilited throughout the facility. Each pod also hm its own shower, passfvc dayroom and classroom. When the projevt Is completed in Marchr1998,the facility will have a f total of 48 pre•adjudiceled Juvenile beds, 48 post-adjudicated Juvenile beds and support roeititles such as visitation I eras. j ' I Intel Corporation plans lobuild a SI 3 billion new advanced logic compurerchip•manuracturing centeron 532 acres at Alliance The facility Initially will employ 8(N),with the pultmial to grow Its workrurce to more than 5,511(1 people. 1"he plant will be one of the most modem and suphisticnted chip manufacturing centers in the world. / Rich Manic, a ruin line music store, moved Into their new facility located al 264 South 1.35 Past In Julp,1997. t he 10,11(IU square foot building Includes approximately 3.100 square fect of tenant space that is leased by Sir Speedy I Printing. 1"he facility Is valued at 5138,015, a Action Carpet broke g,rmnd tin a new 15,0()0 square foot facility'located at IOU8 South I.33 Bast In Septembcr,1997, I 1 I he project is valued it$490,!100 tilt II Best Wesicm will tncate (heir new 70•ruum motel al the Inictsectiun of 1.33 North and University Drive (behind Oatker Bnrrcl), Ibc lotal development will Include restaurant pod sites and other uses Construction Is scheduled Io t begin In early 1998, i Lt unr+vnc ANn Pore I WON C ONN.,,(luring rived Year 1987.88,the City and the l'hamber of Commerce In concert, brought meet the expansion of 0Se DullasTnn Worth C'omnterelal 'Trade 'Lime. This expansion was granted by the State Rtilmud ( i • ConulflMinn and w ill allow fm greatly reduced shipping costs In the Dknion arcs. j i 1 lemon has coned a coresident population Increase and o steady economic gsow1h in the last four dander. historical population Intah from 11,5.Census records are', I 1. 1940 Census•11,192 14 , 1950 Census•21,145 • 1960 Census•26.844 ' 1970 C'emw•39,871 y 1980 Urnsus•49,079 �8�/, 1990 Census•66,270 it A•2 33X10 � U r rt L �y , , •1 . ♦! If f 1 Y tt�Jti ` � sex hS4,�latyc .?. _ I d . . r _ � v� rFf _ �a♦L'1 e � F«P 6 r. . a i .F, -a The City's ascension toward a top rung on Texaf economic ladder V attnTwted party to the Heady Infltecnces of governnsatu! Activity which includes tlse yearbyycar expareslon of the two Slatmupported universities,and partly because of ouch environmental T factors at Its location In a rich egricAtral region, some oil and in production In the northwest wLon of Denton County, Its InclUSiort in the DWInTort Worth Metraplex,ha proxlm[ty to dues of texas'largest reservolre(Lake Texoma is 6n1y 40 mike from Denton),its excellent highway and transportation facilities, Its mild climate, and live less tangible but Influential asp"of social, cultural and education advantageu that have prompted professional worker to choose Da ton as a place of residence. r INMIMWL Flmtta...United Copper Industries will construct a new 420,000 square foot integrated copper building win plant s r and contiguous casting copper rod Indl on 8 90 acre site at U.S. 380 and Geeslin,Road along the eastem per3meler of Denton. Texas. The new Minion plant will produce the type of copper win used in both non•resldential and residential construction. The �r facility will also embrace a national distribution center and the U.S.corporate offices of United Copper Industries. The projected , Investment for building and equipment within the first year is$31.40 million. United Copper plans to hire 260 people in the f first year and 800+by year ten. s . T he project will serve as the flagship rot a proposed first-class+industrial complex.The new Industrial perk w!II be developed by the Trammell Crow Company. Construction will commence by April,1999 with equipment to be installed and ready to begin I operatlonsb) hutuary,1999, International botopes, Inc. will construct a new biomedical complex in the new 500•tcre North Texas Research park,developed ` by NW Realty and located het%ctn Woodrow Lane and S. Loop 288 In Denton. The complex will Include Its recently completed 27,000 square foot administration and tesevch and development facility, As well as Its new 40,000 square foot raJioisolope produuion facility on 21.6 acres. An additional 60 acres of land In the North Texts Research Center have been designated for the establishment of speclalired pharmaceutical companies,rad;opharmxies and related service companies for the uhimate manufaaUe,packaging and prompt distribution W hospitals,clinics and research lnstimtrom. The company is expected to create approximately 100 jobs within two )tare with an annual estimated production of $200 million. The projeel vAl establish Denton As a leader in the biomedical field , 1 EAtPLOx'AtkMt4 Mina FoRrt,,,A ptentiful supply of skilled labor Is evil[able to Industry In the Denton area 'The expamion of e I larvell hfanufocturing,the Anderson Merchandisers,the add Mon of Wal-Mart Superstore and 0*Lowe e Store played A large part In maintaining the City's economy. The economic Orr of knew Alliance Airport In Denton and TanaM Countles should provide future economic exMsion opponunilics Aliiana Airport is located 13 miles south or Denton on the Interstate Highway System 31 .�1 West. Emplupmcnt Agurcs for Denton County are as follows: ` Avenge Annual 1991 1996 1991 1994 I"11 1992 Civilian Labor i'orcc 200,432 271,308 201,241 116,247 180,309 177,181 7utr1 Employment 213,108 201,133 194,239 180,411 172,169 161,744 + Total Unc apluymmnt 11221 1,971 7,006 7,128 1,440 1,841 l Percent Unemployniem 2 40% 210% ).w/i 4.20"4 410% 1.00% _ s slvumc Denton County Workforce Center. r. Y i a . ° ilia "rr t i �{ A•T - - --- j;. .;`r, x. ` 25 � d 32X r l '3 awaaaan 4,� t' � O 1 1 i 4 I S-%nouA k L a . . ..e.M.a .rt!.w.,rw Ywwn:[4.wtY�'F 4•J.l t,.y..I1�'+ar.. ... _. . . I IvDrmtY A\D BP$IV6SS Major Employee ` r I Approximate Numbcrof Employer I escdption Rmployecs s University of North Texas Yducation Facility 5.500 Denton State School MHhiR Facility 21100 f t. Boeing Electronics Military Flecironics 1,800 i; Denton Independcnl School District City School Sy stem 1,648 I Texas Woman's Uu;lcrsity Education Facility 1.300 I Pcierbilt Diesel Trucks 1,11110 # ' City ofDcntun Municipality I'M iI Denton County Municipality 925 Columbia Mrdical Center Hospital Ileallh Care 850 Victor Equipment Cc. Welding F'qulpmcnt 67$ Donlon Community Hospital I Inspital lledtb Care SW Andre%CDT ration Nfii.i knicnnaManufacturing 490 Sally Beauty Supply Beauty Supplies 385 hFrNR,C Marketing R Research Te huri Sune)(MarlietinS 64 General Telephone O"Iric Telephone tliilily 276 Russell•Ne%man hlanufneturing Company I Ingerie htanufacluring 250 ri i lostcn's, Inc, Class Rings 250 First State Bank F'Inanciat Institution 250 Anderson hferchandiscrs Pa:keging,'W'uehouse 200 , Morrison Milling F'1ouNGrain Mill 200 j Acme Brick Brickllile Manufacturer 190 - Dcnlun Pubtishing Company Nc%spurers 180 Iclra Pak Amcptic Packaging 164 4 Rndisson Hold and I;agte Point Gulf Course IloicYGu if course I50 Trinity Industries, Inc fabricated Plate 125 l larvell Manufacturing Cuslom Plastic Injection Molding 120 Turbo Refrigeration lhetmal Storagc'Iccmakcrs III ',oume', City of Iknion('hanrhKOf('nmmerce k'eunumie Ihsclapmenl Office 11 FD1(A oos..,Ocnlon is the home of the Unkcrit) of North texas, founded in IRiK and Icxas Woman's klnlscnity,founded In 1901 the teo tmi%witiem hate a ilvmhlneJ entollment of approxlmmoy 34.0(X1 studcros, and more than 6.810 faulty members, ` ns Approximately VON) sludenis are rnrullcd in co•educationol Uniscrsi:y of North Texas. Thh Unisonity bas a larger enrollment i than the combined enrnllmem of Southern Methodivl Unhrrsity at Dallas, Teem Christian University In fort Worth, mid Rice ` ', • t'ioi crsky at Houston. Texa-m W oman'% University'ham an appro,ii enrollment of 9,750, ohich includes the(knton,hullos and ( , Houston locations, 1 The IW,,crshy of North texas camy+us comprises a land area of more than 0) mcI; ialued in excess of S13o million The 111nh crsity emhrxcs cIghl xudcmie units of colleges and scboolm,and olTen Aachclrsrs degreem In 66 rields, Nlasters degrees It 113 arms and 0-1,rmt program me in 45 diKiplincs. 4 r rcxas Woman's trnhersity,a major State•supporied leaching and research Institution, Is the Nation's largest university'for %omen. . With appruvimntcly 1.31X) facully members.90 percent or%hum hold the Ihrcloral drgree ear other appropriate tcrmlrnnl degriv in ' 0 • their field. 1 WO stresses small chase%, rwrs mul attention,and excellence In lex1ling. Through Its ten mcho oti and colleges. IWV 41en programs leading to the Bachdur's dcglce in 77 mnjor arias,the MlOcr's in 72 rKlds.and the Ductorul drgtcY in 4I areas of mpecialimDun. Science rvwLtkh pragnunr are conducted In ohemisiry,hlology, physics,nutrition.1cliolcm, bone micmradlulogy and odier rotated fields. i1 I A•4 Il . 2 ' it 32x ;t •• r � , c v , i, A ' , < r , r North Central Texas College,established in 1921, opened a Technical Vocational Center in the Iknton area offering Associate Degrees in Occupational Therapy Assistance, Criminal Justice, Mid-Management Training and Micro Computer Applkatlons. NCTC Vmialires in training geared dimily to business and Industry needs Approximately 12,781 students are enrolled in the Denton Independent School District (DISD)far the 1991.96 school year. , Students attend 16 schools,Including 10 elementary schools(grades K-63,two middle schools(7-1), two high schools(9-12}, r one early childhood center and one alternative school. DISD offers classes at each school and at the instructional center for v students whu experience learning disabilities or handicaps. Counselors, speech sect language specialist, psychologists, and !> f reading and diagnostic consultants an available for all grade levels. In 1997,there were 521 high school graduates In Denton,of { " which over 704 have gone on to attend two•and four•year colleges and universities DISD boast a low dropout rate of only 1,7%for the 1996-97 school year The district Is accredited by the Texas Education Agency and the Southern Association of Colleges and Schools from kindergarten Ihrough high school. only 12 school districts hove earned that distinction on both the w elementary and secondary levels. DISD students consistenlly exceed both state and national averages In lest scam An emphasis upon basic skills has helped students with academic, Bne arts, vocational and athletic honors In district, state and nalional competitions r' Demon State School . . It Is one of America's rarest modem and progresahe educational Institutions This State-supported j educational Institution for mentally handicapped'J'exu residents is located on a 200-acre site paid fol by Denton citirens present facilities Include 47 dormitories(including outreach dome) which accommodate more than 1,111 students, 5 buildings for physically handicapped children with a capacity of 600, and a 52-bed acute hospital with supporting facilities ouch u X-ray, ?' latwrato y. dental, and pharnwceutical, In addition to these buildings, time is a modem administration building, an academic building, a large laundry, a maintenance shop w,d a warehouse.The School has a staff of 2,100,with an annual pryroll In excess of Aelal('l'I.Tt'at.,.Nnrthwestcm [lemon County is one ur the more divsrsitkd agricultural areas It Texas With wil types ranging from rich black to deep sandy loam,and gnoJ,sort artesian water,ll is ideal for diversified fanning and livestock. Principal crops are cum, wheat, oats, hay grain wrghums and peanuts. Beer cattle, sheep,chickens and lurkeys contribute a substantial and steady Income every your to the loners and ranches of the County. A very significant concentration of valuable world champion horses and horse ranches located lutmedialely to the north and east of the City's corporate troundaries, pro vide a ,� ' , s economic resource for the City and area. Products significant to the economy are horses,beef, eggs ,w'heat, grain n, xrxu g r r ty ' I sorghums hay,and nursery crops. TaxASP0lt.1110,V.. [eoton is located only 20 miles northeast of the Dallas-Fort Worth International Airport This facility began operations In January. 1971, A Is the largest airport In the United States, second lugert In the world, and represents an Ins estmeot in excess of$700,000,000. In 1996 a record 58million rusengers and more than 85/,000 U.S.tons of cargo traveled to and through DPW Alrport In 1996,Di'A'opened their new east runway, Increasing landing capacity at DFW by 50 percent. I ` the lemon Municipal Airport usca a fall Instrument landing system, The runway Is 6,000 firaby LSO feet with plans to extend I it an oddkional 1.500 Feet. Dallas i.uve F'leld. Fun Worth Meacham Fled, and the Alliance Airport are also located in close proximity to the l'ity Iacntun olfers cnnvenlcni access to a well•deselopcd and sophisticated regional transportation sysitnt Denton Is located at the Olersection of two major tramportatlon routes, U.S. Inlerslale Highways 35L and 35W, which open the Dallas-Fort Worth 1 meunNulilan area Signlricant economic development Is expected le continue as 1.35 serves as a major transportation link for rase D imcmational trade rcraied to NAF IA 1.33 provides a nosh-south transportation route and U.S.Highway 310 provides an tut• i west transporlxliun route. 1]SL)(ighways 71 and 377 also serve Denton. The Kansas City Southern Railmad and the Union pacific Railroad pruvide dwly smtce to Denton Full switching focilitles are available,providing direct access to all major markets scross the nation Oreyhoundr3o lways serves Denton through Dallas and 1 Oklahoma City. Motor freight in Denton is Included In the lx'FW commercial trade rove and(I served by malut freight co Ades BnvKlna,.,l here are elghl banks in the Pity. . .Bank or America Texas,N.A. ..Bank One,Texas,N.A.,,.First Slate Bank of i Texas . .F anners k Mcinhants State Bonk .. the Pilot Point National Bank...provident Bank..P Texas Bank . . . Ouarutty t .! I Federal[lank. r [lank One ennstruori a new 1,110(1 square foot branch Y the(Golden Triangle Mall, Texas Bank replaced its original building on � 0 ' Unhersity (hive with a new 2,500 square fuel branch. Nstionsnank opened a new branch on I.35 Feel In the Albalson's grocery r store. A•5 I 1 1 � 32XIO A ll r , ' '. ➢� 14 r Ertl IV,: , t ➢ � 575 'n �, u: »T.jk 1 ♦r t '. to �, 1 r y �� Y , � Kdn is �S � R 4 4 F , ➢ M W e � ' 1 X191 �1 a r , 1, t t�. ' � � •i ��` + ri r• n � °d r Aanoae 0 a r „ r `y' L y •, � � � '! a », , rry r :.1 ' t .. _.w.aw.u�� • VNY�M,eb111YV.N,WUAWFtM,ACaY'wn�Y��.•_ ' Catlw'Til mist 1 r 1 it w Cry Sate Fiscal Building Permits 01 Watn sewer Fleculc lncmplrynkM Unemployment r r Rates Rates Ye 3 Comments! 2SA5,72 Total Customer customers Cmwmen f I{ 1993 S 30,620,%4 f 24,2a3,720 79,106,614 11,177 15,992 27,956 6.20'4 7.00% 1995 30,316,353 33,793,717 64,110,070 16,00 16,331 29,904 6.00X 6.401,4 ill '. 199S 14.560,423 36,3300117 $0,691,240 16.110 16,470 31,090 4.90% 6.10% 1996 51,729,340 33 596,747 94.316,217 16,110 16,167 31,601 3 Y 5.00% ` ? "� ,`,.• 1997 41,011,727 10,364,466 91,470,195 17,266 11,272 32,516 2.40% I I (1) New Construction Only MLDiCAL. . .Denton has two hospitals. . . Denton Regional Medical Center and 11CA Denton Commur lry Huspilal . . with 6 combined total of 343 beds and 325 doctors ` r21l'RTATION...Lske Ray Rubests,located appruslmstely 6 miles northeast of the City's cummic boundary on the Elm Fork of the f Trinity River, Is a mgior water conscnation and flood control facility of more than 799.600 acre•ftd of storage which prcvldet an l ➢ abundance of parks and other %stet and outdoor related recreational facilities N10 park facilities on L,eke Ray Roberts were completed in the fall of 1996 Newby Lake Lewisville,one of North Tau'largest lakes.Is one of Twat most popular recreation I area. Lake Lewisville has a shore line of 163 miles located entirely In Denton County, Lake Lewisville attmta ova 7,000,(7(10 vlsiton I9 its shores annually.The uppn reaches of the Lake are only about 3 mile ead of the Denton City Limits,while the dam Is 15 miles from downtown tenion. Gmpevine Lake,another large body of weer created by the 11,S.Army Corps of Engineers, is { located In Denton and'rarrant Counties. The dam Is 23 miles from Demon, Parks and ante Dona)areas abound on the shorts of 3 t: lake flay Rc&u. Lake Lewisville and Grapevine Lakes. Banning,fishing, hunting,swimming and all water sports arc the fevori!c i ' Iona! aaimes at the lake welch,because of this areas faysr'abk climate,are to use the year round rccrcat 4 r I P EcnnoatIK IlA K1NG ... The following data was tdcen from Sales and Marketing Management 19% Suney of Buying Power, + dated August 1997. ! !:of Population Whose Age h• g} 18.24 14.8056 �p 25.31 17.0VI, 35.49 19.60% 50 and Over III!W% Households 21.00 Median Household Effective Buying Income f 26,011 Total Elfedhe Buying Income f 974,429,000 y %of Nauscholds by EBI Oruup ++ 120,000•$34,999 21.40% f S35A00-$49,999 1530% {30,000 and Over 22.70% „ 1 Bvyin{Power Index 0.0289 f Retail Sales S 968,724 1 Food 124.7% Feting and rklnkin{ 911406 General Merchandise 151,351 Fumltutt•ilome Furnishings•Appliances 38,747 I t Automotive 340,591 A ' � i A.{ � r I r ' r � 10 32x1 ❑ r , f 1�. lv .{ Wl�' ,yJl�^ r t + Y nf:fl � wl e.{ l•r �rl N(�"t� r kf '�-� ���� 1',�f v ltlh � �1 �'� , n 17t,t. �� J l � •,` n i � i I t r c 11 A.. 1�' ". ' "I�i 4 A'S ka� '• 1 T r { �, 4�r .Y sl � ' r r I � � J t n 'S , n •, r+ + + r t _;, r . Hi S �• a 1 Yr� ," Tw dl " 'kp , '.Y 1. w aA1 r d rf�P r' 7'4 .x j,'• �. ? ,T1 " �t•t Tt , I f n ' ' 11 , tkH I , i�y h�f i., 4 1 �' r *' 4) 1, 1 . r " � � t e : 1 n t 1 [ r I r e F Fl �J t ,'k ,+ FF., q • APPENDIXB r 'a,1pf I t! `' r�'4: t EXCERPTS FROM THE 1 ' CITY OF DENTON,TEXAS r ANNUALFtNANC1ALREPORT + a For the Yeu Ended September 30,1991 r4, The contained e information cont in this Appendix consisu of arcerpb Oom the C4 of Denton, Te*ss Annual Flnmciet Report for the Yew Faded September 30, 1991,and is not Intended to be a ccmpkte statement of the City's financial eondititm. Reference Is made to the r complete Repori for Anther infomation. IF r� t + r Y , t + 4 • 1 f 1 1 II pr + i a ' tin r I 6 1 k , 1 2 X ri r A ,hie f+r is Y, •'"n, S Mina= 1• i i . Deleltte & l 1 TOUChe LEP -- � yC City Center Tower 11 Telephone'.18171347.3300 ,' Surtn295Q 301 Commerce Street ` Fon Worth,Texas 74102 E I INDEPENDENT AUDITORS' REPORT ` The Ho.ioraole Mayor and Mem bets of the of th':City Council I Cie, of D.-neon.Texas f, We ha,a audited the accompanying general purpose financial statements of City of Denton,lexas ("Cie "),as of September 30, 1997,and for the year then ended, listed in the foregoing table of 1 cont.nes These general purpose financial statements Art the responsibility ofthe management of the E F Cit•.. O,r responsibility is to express on opinion on these general purpose financial statements based kor our a ud it 4 Je conducted our audit in accordance with generally accepted Auditing standards and the standards applicable to financial audits contained in GovernmentAudiiing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain �. reasonable assurance about whether the genera?purpose financial statements are free of material misstatement. An audit inclddesexamining,on a test basis,evidence supporting the amounts and disclosures in the general purpose fnanclal statements. An Audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the osrrall financial statement presentation rl believe that our audit provides a reasonable basis for our opinion. In our opinion,such general purpose financial statements present fairly, in all material respects,the financial position of the City at September 30. 1997,and the results of its operations and the ash j nows of its proprietor fund apes for the year then ended in conformity with genenliy accepted { accounting principles, Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole,The combining and individual fund and account group financial statements and schedules listed in the foregoing table of contents,are presented for the purpose of i additional analysis and are not a required part of the general purpose financial statements of the City. ' ! ` These financial statements and schedules are also the responsibility of the management of the City. 1 Such additional information has been subjected to the auditing procedures applied in our audit of the •+ general purpose financial statements And, In our opinion, Is fairly acted in ail materiel respects when I considered in relation to the general purpose financial statements taken as a whole. I: 1 i 0„ s IMerlutlon�i k , I x10 �� xla T t 1 � , , J,• ii r tllt / ! . 1 n s r �r Y •r M.'. 1 Av 1 4 v MMu ( r j w t I ,r aq • � - n �.. f d mans]analvsi.end o not a I , rs; I d 1 add The star ka data on pages 23 150 are presented for the purpose o I required Pa A of the general u e finmcul statements of the City. Such additional information has not been subjected to the auditing procedures applied to our audit of the general purpose financial statements and,accordingly,we express no opinion on it I e I r In accordance with Goremment Auditing Standards,we have also issued our report dated January 9, .' ti 1948,on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws,regulations,contracts,and grants. I LUP January 9>1946 it t I 3 I, r L r I r • ; I r .{ Y °b .dpi+ } ' • x ,} r r � +.� ., � 4 n '': . r .s 1 J A V Y • �� 1;, t ,�� �� °�'f � o`I ry '. ♦f 1 ,� � `k�' t� i�i0.5 ( i � nA � v Y�i. _. ....'a,— ._ w.._.«.4�......e. '..:.....i ,.{_. _ ._ . . .�,p.� _. . .-:J �..t.laa• .r.......4' r�.�....... w..+4.iJw.+«.4. — CITY OF DENTON, TEXAS f r' x 1 . r tl � { � S •r, .;E 1 �I. .rF 1 'a Ij F r s. .a• _.. Co W*anur. Annml FhMCW Moat r fIe 1 I �,, � , i yr r iF ( r .� s�-P z� •i�tJ � t}r' �'. it Y l � ;1 � J Pl �� 'Y -, . I . � i rylb• 1 Yy �� ". + f i '• + ,�' fj c Y • r I Y } ! Y Y 1 1_ YI L 1 I, • ! _ Kl 4 S 1 a votes" " ! I j yY Ir 't'. e e •f'i , f �'i,i - 1 .cis YJr 1 t 'h.i .� _ •�'. � �it i fttf. r CITY OF DENTON, TEXAS ; COM91NE0 BALANCE SHEET•ALL FUND TYPES AND ACCOUNT GROUPS 1 SEPTEMBER 30 1497 • i-, ,,, -,'',., Gor4rrretlMY Turd Tyye1 1 Asma AND DTM Dom Glnerel Special Revewe Debt Seance Copitai Projects ,k Cash and deposits INou 2) 6 327,14: 6 612,260 6623.323 6 1,002,440 1 r y i II Im+e"Ilts Moto 21 7,f 67,4D7 7t7,H6 !l,779 10,017,019 I J j v aR Ye _ Mceivowom Inet of sNowsmas fa uncollatiled. Accounts L }E Uribid unLty tanks Accrued imorot 41,039 13,521 t60 109,950 i- �, Dow 676,369 143,617 1,043 70,010 Due flan ether funds(Note 11) 421,941 40,089 1152.450 Due ham other ff H, me S7t,tOt p,SW + °i Prapsed hems Defaced bond 4aence twsto Rgwctod Cash end depeeita Db4 21 Accrued Weran AeceuMe naeivaNe y. J Due from ether funds . . t e Advances to other funds Find mWo Inat,when appfiable, of accurmlafed deotocil ilnl Mote N Amount available In Debt Ssnka Fund Amount to be prodded la redrenllM J{I , of lond�lerm Nab6'6ee . Total Assets end Other D1blN $10,492,067 12.1S9121t 1726,00111 S •r. II i ICanbnuedl The a�COmpsnv+na Miss to 6141nCi10 1111em1otl en 4n InbOgl pen of Ih11 11414ngnt. i 11k' 4011 t I R •4• I ` J � ,' .. Comp ~thra Mtnud MwItidel 6law --- M n , 25x1 ❑ 32x io Y V � t •' I n 'r j rr h F OPT, • 1 I a i ` � 1� _ a. C7 1 r I CITY OF DENTON,TEXAS Y f I r' � e � FWuUMr'Fun4 TotN4 - 1 Account GreuD4 iNMmonndtlm 0dY1 r P,OFH416ry Fund TV"o T11'4 , Tmot 4nd Gen4r41 Fab General len3� SSDSYmD4r 30, S@ptwr&r 30, CntnDriu lawrw 64Mo4 Aeomy Aunt Tom lumbilWts 1917 1996 6 202,703 1 311,120 !3,990,557 / 4 1 6,141.559 6 121WS4310 2,211,127 943,974 21,100.077 23,121,959 g 1,042,365 1,014,160 '; r .a 5,005138 97 6,003,315 6.076.994 i a c7. ` 4 6,775,740 6,776,340 6,661,103 ' 700,050 199,133 - 1,062,251 1.601,349 i 1,115,269 37.067 7.43! 1,067,817 1,401,071 K (, 325,346 111.777 1,360,461 12.197,512 i. 663.016 93f,971 t ` 722,419 2,032,315 2,104,734 1.701,354 ' F 1.. 1,174 1,171 133,795 y+ ': 1 M 1,171,796 1831,791 1,711.719 ' 't�rV Y 5,713,751 110,370 5,923,721 3,597,300 ' 96,919,614 9334,177 105,477,791 97,369,756 .+. a: NS,197 715,197 IA69,T46 lA6i,746 , 'I. 7?31,711 7,731,714 4,131.714 ..t I 191.»9,516 7.121,7106 118,604,121 306,123.$3 2 211494,213 i 904,760 604.760 112,167 1 ,A, + I - 70,834,110 70,116.100 290773.710 f • 1308,303,312 120,179,374 11,107,191 $111,04,121 131,341,350 1606,241,441 (466,714,118 1 r• I �l C0T ahan9iY1 Annul Fk4mv al 11000f1 �# i f' J I i V - - - - -- 2�i x• 32 XI r 1 r a1 "• r ',r � a.r2tir ioi - � f + f t1 „ f{�4 ' it i r y•r l •. �F Yn J .r f� i �r.! � 'J Y � � kti ti Y f r f r : ,� T " y'. y i i r .. r." fed, '; , Y•. d. r. a` i v , Aid71NR ° + • ' ` o f r Y, n ,c � � �' � rY df•a( � f f r rr�'i •+ i " �Y "CA 1 ` Gll ur UcN7Gh. 1tAAS a ' i C COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS IContinuedl 1 't SEPTEMBER 30 1997 th�4 i CewrmunM Fund Tyros r LIAMNU`M.9010"AND OTHER CRIMS Gaud Spacial Rmnue Debt Santa CpiW ProNCts l II 1 A400UMU payable and"'Mod Bablldes 11,635,2!6 6 796,765 6 I1,S77,l60 y i Ilan wmq payebN 46 62,141 f 1 r Y. Aecurnilatsd unpaid anpenaatad abseocae i i De0oshe 69,613 payable from re"Wted assess 4 4. Aawnu payaNa aid"cry"eiperues i p w p Rotorwabla r { r , Accrwd Mtanet r.. Rswew and parwral Wgwtfon bonds peyo0fe,wnerd Mote 41 r r} i Aeeuad kdaast I rya Ow to other funds Meta 111 1,031,032 6,60t 2,055 279,722 Other Irb6itloa 2l.t49 1 ' + Advaneea Irani ether KPINIS �! Deferred raveraue 69.111 211,941 111.190 43,176 Lapse►ayome Oche 4 WW 91 r' Gaiwal eblpadon bends payebla Word 41 )1 llHH71 r CaNSeatp e7 obiffedon(Now 41 i RMnw bonds payablo Inet of bond disc u"tl rl i Mete 41 I 1 t Clalrru payable Msu al Nov1 payable thou 41 Landfill alowrepeetelomre eeau Moto 131 ford UsbphMe 42,706.430 11,111,450 4220,245 11,163,120 I +•7`', ' � ICominuadl The accompnylnq notae to financial etatenunts era an Integral pen of IN$staternant X, 111 r y , 12, V x. -- Canpr"*s Ar^W Fhlndl helper I I 4 , 25x` 32x � �. i e c .. n Fi I , t +. , � • ` l \ A T t.Y 1 1';\ 1 '. I 5 llf,,, " r M S^' Y. 1 i 1: y •� !�' t r f n' y 19NfOttf01 I ' 6 � ' 1„•`, " ' I y �� t •t 1 t r + y I . d�f � I ir,lA •,�• E 11 ! l l • Ai s 'I ,_ .. �.,_. _ __ , .2+v........ :.._, ..rNw.,v�wvdea4,YM rw'+MM•YM1YfYiMM��1,Wtawwi ti i CITY OF DENTON, TEXAS A , t r , Fidtrmsry Fund Towle Prpnstoy hlnd Ty9e4 a Ts Ace. rd GmPI IMsmorsndu ONN Trust end GeMrsl Feed GsMrsl Lenp- septemDO 30, spterMSr 30, Entsy6ss ImerMl Service Agency Assets Tom Ueb liras 1097 { 1 7,171,564 t1,NS,171 13.999,752 f 1 6 18,761,619 1 t0A30.14/ 01,999 60J4! 760,!11 23,!35 3.715,207 x,674,/S3 1,436,450 1 to y 1.10S124 - 1.256,307 296,900 - 206,801 142,051 41,501 i r ,AtJ 1,696,876 1,l60,Hf r.F r� 8015,611 8.018.661 S,fOS17t •r' 22,491 21,411 i 11,574 !• 351,172 146,311 1,860,464 21,096,301 r {� 29,145 1,602 7,791,781 - 3,761,794 4.131,715 [. 20,270 28,210 110,614 430,171 72,900 24,117,1S! 14,7!1,730 22,140,340 ; 7,381,014 1,348015 - 3,260.184 12,001,103 13,11S54t " 71,510,001 75.510.00) 93,1500001 31.241,203 31,849,2603 31.173,65! 1,424.320 1,424,320 21600,61t ys tl 1140,403,too 14341,201 63,111,752 1 131,341.350 0111,003,428 1207.113.076 ICI .•I � i t F.• Comp6116natr6 Amwl Maid61 NOW rF�. ?5 � � 32x � � asset r - .4 c.a , i la r t�671 lr f r . i. Qi1v or Uclviviv. (ERAS l • '- r ' 'i COMBINED BALANCE SHEET-ALL FUND TYPES AND ACCOUNT GROUPS IConcludedl SEPTEMBER 30 1997 Oevommemsl Fund Types r 1. 4 11ABUTIEI,EQUITY AND OTHER C11EXM 0nrral Speeial Revenue Debt Service Capital Projects r Contributed NOW•Inet when epplaebls of eccumdetdd deprecistlonl 1 1 4 f Invesbr am In perwnl fixed assets INne 31 - r' Retai"sups• j Reserved for board rabnnent(Nam 41 i Reverved to eepital projects 4 3 V Rasaved tot hen mplecemem � ! Rasernd fIX 1andRA radrIXMnt �, � t �, Ii� Aeeerved leer debt mimerrenl � 1 Reserved ter dwnpety rep4eenem I { y! Meowed to rate stet getan ".j.. Reserved for Woking capped Reserved for emergency Reserved fat Water IaMN t Reserved to IMrastrvctun n,,.neinp ELj k RasnveA to oendrpenoy . Reserved IN rupture claims r ' Raservd to capital conamc6on J Ras4Md fee wlthedsd espendrtwel •i Urveve ved Fund balances- Reaerved 1s1 debt NMCe 504,740 Roamed to encwnMencas 1113,1114 629,901 112,102 Rasdr ois to cmdal project s 6.314,626 ! i UmeNMd. r r Dasipnaud for eubngumt ' Vials'eepond-turfs 144,144 • Uedos,g,,Wed 1138 Sol 461,270 Tow Rawly►nd 0" Gedio 7,774,437 1.033 131 104,760 10,117.627 Total UebihWo.EIdY ,3 and Wear Credits 110,412617 321ISS,311 1729,O0S 112,160,{17 TM ecconpanong noun to f nenciel etetertwnU are six integral port of Me sutsnsnt. ° of Cdrttprdtdaslre Annual FYtandr Rpa1 —. ---- ? K30 32XIO rl N. I �•' � 1 '62�• r e � \ rn r , r • 1r ,C r CITY OF DENTON. TEXAS J , Fdueiery Furl Totals Propst4ry Fund Types Types Account Groups lmle endmm ONy1 memost r f'� Trull end General Fixed Generef loop 6eptem6er 70, 6eptsmWr 30, G _ Entsrpries IMernel Service Agency Assets Term lieh2ieu 1697 1996 4 14,07S,477 41,110,656 i 1 ! 1 55,116.1 ii ! 15,121.110 !' 5 f 1,604,617 111,604,621 106,661,744 l 12,648,145 11,646.645 12,602,157 J, r 1 16,748,647 140,770 - - 15,486,017 17,"0,270 5.415,310 6.448,300 6.411,017 ,y 4150,376 - e60,375 46e,91'5 167.100 767,100 107.100 7 76,000 75,000 75,4810 65,750,000 55,350,000 45,672,000 2,706,000 2,706,000 2,1S11000 ri 6,775,000 6,775,000 6,314,000 '�' 760,000 750,000 560,000 2,000.000 1,000,000 1.610,000 700,000 700,000 4,104.767 4,104,717 3,130,671 r f 1 050 000 1.050,000 13,000 12,000 13,000 56,7661472 5,343,470 61,141,642 02,346,406 X saaa u:.1n 2,041,355 1,116,736 6,314.616 7,602,073 1",744 1",744 - 7.444 7,444,712 7,628,626 1 167,016,512 14,229,672 7.444 111,604.621 � 011,247,017 281,430,600 � 't i l l .r 6904,307.392 620,17s,074 $1,907,116 !116,604,62/ 131.341,350 1600.340,441 /404,254,666 Y� CorW"ahe Annual fkwnd61 NOW <. I r, + � x10 3 2X 10 ,6 Y. i r !0. i 0 t L I L r 11 t `r • �4 r( 1 _. ..__.... .. ,.✓.+.,:.. Wxxnur..lr�tl:.b• •fMRdrhtwK,l�Y�bSTNY:c�mvr.s yn:i:. � �.�r. �r CITY OF UCU 1 Uh, I LKAb $r 4 r , COMBINED STATEMENT OF REVEA.IES, EXPENDITURES AND CHANGES IN FUND BALANCES- ALL GOVERNMENTAL FUND TYPES AND EXPENDABLE TRUST FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 70 1997 Gopwrm+wrlr Furd T7pr { s 1 � G.nwr Ep"d Maws Da"Swwn Copi1r vve" c REVENUU: 2� I 1 • Tor 119,497.720 4 610,111 14,097.061 1 Uiarrw NW PPrrn4+ 521.642 Frrdwah 1,592,894 i r Fm wd lwldmrr 1,140,D92 r Fw 4> 1,772,920 729,223 90w�t wvr1W 890,611 17.504 489 445.791 N r ? Mw9w4rnwnr 581,654 2,692.020 67,288 i Cwnrlbutiwr 1 R4crl� 412.759 $34.687 155,192 $47,197 + , 7• TPlr lyp.�� 71,509.390 1,69E 475 4,549,769 1,050,542 1t t ' EIfPDIDfT UIIEB, •°P, , CurrwM• c r, Grrr Gppw+umnt a,714 so? 7.214.201 - •« Pu6A44d41T 11167,747 511,510 1 1 ar weAc..w1u s.oseols 2450 I Pw n 64 w,e revest 2 Sao$31 716,946 CcPRr aM rtl 591416 594.253 6.120,209 DcEt service• 1 Prvlcemi rN mnim 7 572.417 S, MwM wd FMCNI aAw9a 1,171.600 1' I Twr EApdRin4 32.254610 $.071,707 4,906 021 $,120,209 EXCESS OF REVENUES OVER WONDER EXPENDITURES (740,2201 1779191 0%7.2541 14,1596071 r OTHER F84ANOM0 SOUACE6 WKS, ! ! � 1 of 1.700.000 op o;n1 wwwlws n 3.025.502 217,014 179.147 2,392172 OPww7,9 lrwrlw IaA 11,7014501 1420.4061 15921 I • 7�1r 01Nw Flnw9q aPVM4lvm1 1.722.057 1119.7341 179.047 1.092.010 r EXCESS OF REVLNVES AND OTHER SOURCES I OV[A NNDERI EX PEN DITUREE AND OTHER USE 5 971132 15292261 0771071 2.212113 FUN06ALANCE `0 @p5M1 9.boo,006 1.503005 ee2,167 1.956.114 I , NO 6ALANCE•66vwwAv 30 6 7770.07 11,013,179 1 50000 610,11,527 The«epr,vw*rq nww 11 Mwro.r gtml n w4 n 0twal W N the mime rnwa • Ii • 1G . t l ConynN9n9ive Annual Financial Report 1 t e ? x 32x1 ❑ I'.{.� M1,• 1 1 ' �. � 4 1 Y I t �ti Y � ,•Y � jj 1 1• � l iv 7 I i � .iii i I ,� � i �•r ' 't � 1 �' � ti ,1i1 i , r e • ^p r _ WY OF DENTON,I EMS .0 I k 7.IJr , FAYnw1 Fvd RA~WAM 0*1 7r 7r Fnd�1 r T Wt 340 im 30, IIF1 Snlar"00, 1339 q At 4 474,371,7" 022.693,209 r, S21.e42 61392.404 6,087,2" • 1,9 40,087 1.474.090 1 2,501,046 1,8 48.707 •'. IAMS.971 1,17{.036 "r ? 7.341,147 3.4N.077 �. 16.731 28,331 24.475 ,. 1,050.731 !.173,411 A, 71.331 41,645.113 40,411,113 !7.360 12.036,793 11,650,m 14.779.207 13,01,761 9.040,"S 4104,320 , 3,997.07 3,3441173 1,1m.w 9,45.054 r t3,012,417 3.341.616 • 1,373.101 1.411.4" "` .. 31,790 41.151,413 47,631,713 r 19.1401 (1.71 I'll 21 13.142,4101 �+.. f4.700.000 3.Moo0 1.839.095 11.730.4501 1130.4711 1 . I 1.004.48 3.613,014 S is,SAM 3.497.842 411,344 li 19.791 17,017.344 14,54com 1 7,4" 911,610,007 017.017.344 '` I a Co"Woh9n91ve Aroid FInMd11 ROW 10 32XIO I i w ol sa pAlk t rr � � r , CI 71 Or GENTU S , i COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES•BUDGET AND ACTUAL ' GENERAL, SPECIAL REVENUE RECREATION, POLICE CONFISCATION, AND EMILY FOWLER LIBRARY FUNDS, AND DEBT SERVICE FUNDS (BUDGET BASIS( FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 General Fund r l Variance 1 - Favorable Budget Actual (Unfavorable) REVENUES: Taxes 116,761,676 (19,497,320 f 735,744 Licenses anf permits 417,510 $21,642 104,032 Franchise fees 6,242,266 6,592,694 11,649,572) Pines and forfeitures 11709,960 1,849,082 139,122 Fees for services 1,205,219 1,372,826 167,607 ' Interest revenue 720,000 680,619 139,3811 Intergovernmental 830,952 $81,856 149,0981 Miscellaneous 595,506 :4.:,359 1183,1471 •t `Jl. Total Revenues 32,283,089 31,$08,396 1774,893) EXPENDITURES: .. Current • General Government 9,011,841 8,604,286 407,555 Public safety 14,881,532 14,651,911 29,821 Public works 5,132,693 4.895,139 237,784 (` Parks and imeation 3,025,683 2,979,336 46,347 Ld Capital OUtley 637,713 665,305 82,408 `t Debt service • fLLL� Principal retirement Interest and fiscal charges Total Eapendlturit 32,689,662 1,886,977 803,685 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (408,5731 1377,5811 28,992 ] OTHER FnANCNG SOURCES (USES( Operating transfers in 2,999,962 3,025,602 25,540 k r Operating transfers lout) 0,303.4501 11,303,4501 Total Other FNanck+p Sources IUsat 1,596,512 1,722,052 25,640 t EXCESS Of REVENUES AND OTHER SOURCES OVER tl (UNDER) EXPENDITURES AND OTHER USES 1,289,939 1,344,471 $4,532 FUND BALANCE • October 1 6,000.209 6,661,363 861,154 lf4 FUND BALANCE • September 30 a 7,290,148 E 8,205,834 4 916,686 • The accompanying notes to financial statements are an mtegral pan of INS statement, ,. J54 . 12. i Compehenslve Anousl Frrtanctal Report ( "' i rM. 25 ,< I ❑ 32x ❑ ' � 4^yi ':':! � '�+fir F S � � �ai 4Aa y` tLl w '::iJ { ,` � , ✓ .?,r li 4 � p ; lY fl.Tt� , �y+ 1:.'.)�G + r r 411 k •,�3 i fA.f t , r n ✓` i + , u 4 , J 1 •" 1 F CITI OF DFNTUN.TEXAS ,•r+ 1 M ,1 Special Fkvanue Flecreation, Police Confiscation, ' ' and EmAY Fowler Ubrwy Funds Debt Service Fund Variance Variance Id 1,I ' Favorable Favorable Budget Actual 1UafavoraDle) Budget Actual (Unfavorable? � 1 i 14,393,066 14,393,088 1 +• w'� e4 698,431 671.466 126,9651 + r ' I 8,000 16,977 10.977 489 489 t1 61,760 79,358 27.608 131,709 165,592 23,463 lyly i. 768,181 767,805 11,620 024.797 4,548.769 23,972 '' Y 39,965 38,928 1,037 26,400 26,400 805,776 605,892 11141 :^ t.i 118.735 49,387 69,348 3.657,272 3,632.417 124,655 1,422,273 1,373,808 48,667 , 790,878 694,207 96,675 6.079,545 4,906,023 173,622 j} t` 134,6971 73,594 108,291 1554,7161 1357,2541 197,484 '., 15,704 16,704 179,847 179,841 3 143,3171 [31,317; 12,000 2 ' (43,317) 05,813; 27,704 179,841 179,847 7 178,0141 57,981 135,995 1371,9011 1171,4071 197,494 (26,020) 152,745 178,765 (428.976! 682,167 1+111,142 .a 4(104,0341 1210,726 1314,760 1 1603,8761 1 $04,760 111308,836 M, 1 Cornpidiansive Amur Fharm"flow i 32X a ' r e t , I 1 , , , frITV 0? Uhro'i07s, TEAA4 1 - I , COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS • ` ALL PROPRIETARY FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 7991 Proprialary Fund Typo 1 Enterprise Internal Serviu OPERATING IEVENUES: 1 Electric eervke 1 72,048.o'E 1 - '" Wa ler sank/ 14.700,311 ' Wastewater service 7,669,607 0 7.666,766 7,094,537 ed. and sary , Charges 1a � , 5,674,7/0 Premium/ 1,696 ' 176,173 Miscellaneous R W Opwado9 werwas 1x.383.69/ 12.671,013 Te OPEIUTIRG WENSE8: .I Purchased power 39,745,097 ` �.: 6,791.366 Fuel l 77,217 Purchase of water I S 11,90/,077 691,281 elaHaff and wage$ , 1,582,379 7.913.712 Motorists and supplist f Maintenance and 1801F, 3.610,666 161649 718 Depreciation , 7,167 1,/65007 4,104,704 Insurance ` 9,168 272 1 Adminievativa COOt 116,764 ckfwHPeltclo$we cost seeAheous 6.332,017 883.271 Mi 6.1 Taw Opera" Expenses .707,156 11,1 Ooer""income 19.178.637 1,16690 216 ,316 NONOPERATTNO REVENUES JWE/IS£61. 5.720 Intort revonue ,266 681 se ,/16 Interest aspen and fiscal charges 15,716,9001 1100,1 961 N III O 1,533,280 316.128 Other Total"W"oratwi Revanuaa iEapanses) 1.6x6,885 882.746 , Ywome Beare Operating Transfers 11.003,305 2.071,962 o►ERArsto TRANSFERS IN(OUTI! t Operating transfers In 45.161 operating trmalen loud 13.996.2191 1163,6241 + Total Operating Transfer 17,7981691 1108,3661 11,007.016 1,963 606 Nei Income ' Add, DaPreoi/tion of Fixed Assets scoured.,nn Contobuled Capoal 1.865,9x3 376,016 111 1 Increase in litow"d Eanings �- 16,172.239 203384702 � RETAINED EARNIN06•Onotfer 1 134,951.078 11,878,316 RnA W EARNINGS•September SO 1153.824,035 515,01/,011 ra The ace'mpomin/ rotas to financial alatanlants us an Mtagrfl part of Me statamtnt. jio • 14• 'I Camproh2naly5 Annuil Flnandal 11"i i 032x � ❑ • { _ ITY OF DENTON. TEXAS r I & ofeh IAeomorondlm Only) Yew Ended i 6ptombw 30, 1197 September 30, 1096 6 72,048,616 1 66,633,110 14,700,321 15,328.696 9,689,801 6.991.866 ( 1 14,661,298 13.417,997 6,674.780 4.699,479 110.119 129.609 117.064.601 113.006,b26 o., 39,046.087 41,480,061 6,701,366 6.961,546 77,227 00,200 12,690,W 12,116,517 8,776,001 4160.1,1 'i 3,634,726 4,012.660 9,062,176 8,412,740 4.104.704 8,635,661 1,118„172 !.406,707 116.164 2"'bo2 4218.206 6.066,606 I !6•uP.063 16,u6.404 20,886,056 16,161.031 6,306,102 6,008.366 1b,827,0161 (7.601,0461 � ' I 1,949,706 176,680 2.409,412 11.3170061 23.074267 14,841,633 46,168 14,146,1131 (908.3141 ' 14,104,64s) 19048141 { 46,970,622 13,933,119 ' . 2,141,019 2.104,936 21,211,641 16.038,064 t 141,630,411 131,692,117 - 9180,642.062 6147,830,411 y ! I I . 16. . . �. CmWeAen4ive Anntd FkW4W NOW 10 2X • 7 `r = � _i !b t 1 V �b , ff .'�'� r'. r r,, ! b I.I• r , , t ' i r I 'I 1 p'y X11 + nl .Ala 1. L�:. • L :!(QI1.4111' I r 1 t � } 1 I 1 CITY Of- DENTON.TEXAS 1 1 1 COMBINED STATEMENT Of CASH FLOWS• t ALL PROPRIETARY FUND TYPES r FOR THE FISCAL YEAR ENDED SEPTEMBER 90, 1807 { Proprietary Fund Types r Entarpriu Internal Service + { Gash lbws flan 0"84"actlekM: t , ' Ceshreceived from euatomers 6110,847,624 116,316,810 Cash paid to employees for ervicea 167,011,3991 003,4011 Cash paid to auPPlhra 174,319,9211 113.172,1601 �1 I' "A M 29 516,603 7,841.088 Net Provided opentlone , + cash&we horn witel"tiat RnenNns aetivhles: - 1299,O0BI 1 Contributions to Fhst Replacement Fund 1 Operating ire ns lira out to other funds I9.496,2801 1108,3581 I. ` 'ss Principal pWmem on long-term all Ira mother tuner 11,050,0001 F Payment waived on lorq-tamr advance to other lunds 1,050.D00 �1 i t^ Contributions 10111 t j Proceeds from others 245166 33,b59 fr II Not ash(used fort ooneAPhst fm sing eeth'hles 14,D49,42If 174,9071 C+ Cash lbws from appal end talstd financirq activities. 1 f Proceeds received from contribwtd Capiul 106.186 Principal payments Oh revenue was and c4nificalee of 0111i96601) 15,909.!321 1304,6481 f Interest and fucel 014r94s 16927,0831 (99.6411 f Proceeds from haul of raver%A bonds and [orUh[alas of ObMgetron t J Procaads from haws of notes payable I Prim"I payments on notes payable 132.4561 Pnnc Oal payments under capital base obligation 136,C95, 147,0641 1 Acquishron and constructor,o1 tmed assal$ 10,766.7261 11290,6741 4 283'007 Proceeds from 8412 of!brad assets 111 Net ash (used fart aphst end related fnAncin/Betivhhs 11,258.606! 12,fi46.6101 bah flows hum bvil gawk]" Proceeds from 844 and maturrtiee of investment securities 105,805,476 1,758,541 f , Purchese of mvill eecuritha 1114,111,2031 t6.603,7621 + Interest received on investments 6,686,040 600,777 .I M e Net cash pravfdd by Iusd fat investing sclivil 12130.6611 84S,6511 �•': 1 Net marriage i0eereestl in cash end ash aqnalete 1,676,795 1637,26E f t l ' • Gash and ash equtrslema •October 1 4,309,259 968,752 I. Cash and ash aqulvafents •SePtamber 10 f 6,998,051 1 161,199 t IContirwedl 1 The accompany"natee to fvynciel atatemggts era an integral part of this statement. Compahen6He Annual Francilaf ROW ( I I ' -- 25K � (] 32 xIv • s r k Y�• IJ 1• I , , J l n . • sing ' CITY OF DEN MN, TE)Wa Tat44 (Mommandum Only) Ir you Ended 6eptemaer 30, 1997 $plomb$r 30. logo ra i �',. � . N26,163,H3 1102.66!.270 • 167,764,6001 166.708,1621 I 127,422,0111 122.006,6301 30,666,671 26.142,776 , 1290,0161 1187,9`1 14,104,6461 1006,9141 (1,060,000) 11,060,0001 I 1,060,000 1,060.000 (,2491 270,326 195,366 yy 14,124,4161 166!.6621 k ° 406,460 261,167 16,304,4601 (6,090,4641 16,027.0241 57,003,1201 44,260,000 262.360 1$2,4661 (33.900,092) 193,1791 1223.9341 112,019,3001 (13,110.930 203,007 166,093 (23,607.4661 (14,641.921 , 114,664,017 67,s11.260 1122.914.661 1103,023,7071 6,376,023 6.991,609 11,096.1M 110,020,0161 f T,139.642 (09,664) . t 6,296,011 6.207.616 / 6,437,663 1 6,290,011 1 IS U17• � '. corw Mnelr6 Amur 67nindl Room 25 10 r • 'fir - " ' t .✓ y'. f y ',r '.. � , ! :+ n I + e ' r r Yti S MM r +,lt, tl : I r r 11 • I r ':uhf rJ .'r I 'n r , r .v r ✓ I , r r ., Q I I Cr i I r n �I r F i a ,: all +'ta � P ,,jhlK, r , r Ytira i � , .o-+ ° r r7 ,�:,a! ! I "Ih ' sfi I • 1 CITY OF DENION,TEAAb— •,r' COMBINED STATEMENT OF CASH FLOWS • ' ALL PROPRIETARY FUND TYPES(Concluded)1 FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 1 1P Enterprise Internal Service k i f ' Recond eff" of 7ropdM&ry Fund Operating Inooma to Not Cash V ai Activhles Provided BY t0prtl 9 ' Operating income 119,476.639 77,184,216 Adjustments: ' Depreciation expert" 7,187,767 7,865,009 �� 1 Lou (Gain) on sale of fixed asset 16,6881 638 1 ` CtosureMostclosure expense 118,754 d Decrease pncrassel in receivables 12.301,517) 16,177 v Decrease Incresse) in due from other funds 8,772,134 2,504,542 } Decrease Increase) in Inventories 219,077 1322,457, + ' Decrease Ilncresse) In prepaid hems 1,636 179,747 Increase (Decrease) In accounts payable 3,989,119 1,131,495 "'4 1 ' - - Increase IDecressel in leases payable increase IDecressel in accumulated unpaid compensated absences 32,837 111,1411 ! �'y Increase IDecressel In due m other funds (7,973.8551 13,603,1513) Increase (Decressel in claims payable 711508,4651 Total adjustments 10,036,864 261,852 Not cash provided by operating actNhlas 129,515,503 / 1,441,068 M1 � j Suppfamrrtal 8chodufa of Noncath Capital and Related Financing AcdvItWo Noncash activity during the year consisted of contributed Capital from contractors and developers for the Enterprise Funds and the Internal Service Funds in the amount of 11,325,802 and 1573,654, respectively. 4 ` ( I r I 7 r • The accompanying notes to financial statements are an Integral part of III statement ." X , 1 . l t(E Compaharaha Annual Financial Raparl ( r , ti 1s. . a. as r 0 »ems i ! !° i r, � r � , , +� ,< i. r t, rx: • 5 . r" L a 4 •� y 5+ i , _ i C r It .. It °� °1.,,. . _°_ ,i.i. ._.. ......._.. ... 'Sri ` CITY OF DENTON, TEXAS Torah + (Memortmeum Orly) a. Yaar EmeE ISeptember 30, 1997 September 30, 1998 ti i' I 170,685.855 116,161,031 • r 5% 9,052,176 6,412,740 ` 7" 1. 184501 8,401 118,754 254,302 12,285,3401 639,197 11,276,496 (9,986,4521 1103,3801 619.237 'Y n 181,583 1141,6631 6,120,614 (419,4141 • 112,7781 21,698 65,791 111,57713661 10,152,524 11,508.4851 (771,8201 10,290,716 81981,747 83019561671 126,142,778 f 1 + I i , I 1 l r i , 1 ,hr j I'ti' 1 J 1� + CwwowiYve Amual Fkw 41 Report 215 32x111 • c ' i { ���a1 Ye i ° $ � �; ° r `.ti � Y �'S.r ¢ r ,Vr.} l� i fY�i r . �., i ➢� �J Nau n ��r r Y " i i y4 . � _ � � 1 11 1 .1� y. �l � 1 a 1 ll � 3 id' t k '.� �:: m I• r .�; i d��'S y 1• .r'- Y Y r.' FI• .1 .' ; r .I 1 I r a;: r 1 1•' r f a k :n �I 1p y f 14 CITY Uh• DENTOh, TEXA! owe L i j A J , H �f .1 r \ r I r \ J II 1 I Ire 1 f• f , � I b •�� 1�1 r � y. e i Ir I r ' 1 1 y. ' •fo• y 1. �I COO VO 1 .w.844 IMlWW r.MM1 XW � �•.L 1 1 A I F 1�1 , •.� l .I� y t 1 I AM1 t I 1 il. :1 ylr yl Y'+� A 'AA � � k` * AVM /• I � mmpwmmmmwmg- Old pi I �.1 I ' I arrrsuta • � , CITY OF DENTON, TEXAS d ' NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 I t 11) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Denton ('the City') was incorporated September 28, 1866. The Coy operates as a Home Rule City, under a Council-Manager form of government and provides the following services s as authorized by its Charter: public safety (police and fire), public works, parks and recreation, electric, water and wastewater utilities, solid waste, and general administrative services. IThe City is a municipal corperai!on governed by an elected mayor and six-member council. „•' The City receives funding from stag and federal government sources and must comply with the I requirements of these funding source entities. However, the City is not Included in any other governmental "reporting entity,' as defined in pronouncements by the Governmental Accounting Standards Board ('GASB') Statement No. 14, 'The Reporting Entity,' since Council members are elected by the public and have decision-making authority, the authority to levy taxes, the power to designate management, thb ability to significantly inlluence operations,and primary accountability for - ` fiscal matters. The accounting policies of the City conform to generally accepted accounting principles as applicable to governments: The Governmental Accounting '•andards Board fGAS8l is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the more significant policies: A. Reporting Entity ■ The City is governed by an elected mayor and six-member council. As required by generally l■ accepted accounting principles, these financial statements present the City(the primary government) and its component units, which are entities for which the government is considered to be financially occountable. Blended component units, although legally separate entities, are, in substance, part of the City's operations and so data from these units are combined with dais of the primary government. A discretely presented component unit, on the other hand, is reported in a separate column in the combined financial statements to emphasize it is legally separate from the City. The City had no discretely presented component units at September 30, 1997. At September 30, 1996, the Denton Economic Development Board was considered to be a blended component unit of the City. As funding for the Board failed to pass in a public election,the Board was dissolved. B. Fund Accounting 1 The accounts of the City are maintained on the basis of funds or account groups, each of which is considered a separate accounting entity. The operations of each fund are summarized by providing a separate set of self-balancing accounts which comprise its assets, liabilities, fund equity, revenues,expenses and expenditures. The following funds and account groups are used by the City: I •2t • i 3x ! ❑ . • aasvaata a - A , Notes, City of Denton (Continued) , y September 30, 1997 Governmental Fund Types Gawrs/fund- The General Fund is the principal fund of the City. All general tax revenues and other receipts that are not allocated by law or contractual agreement to some other fund are accounted for in this r fund. From the fund site paid the general operating costs, the fixed charges and the capital improvement costs that are not paid through other funds. Special Revenue Funds- i r The Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than special assessments,expendable trusts,ormajorcapital projects) thatare legally restricted to expenditures for specified purposes. These funds Include the grants from the Department of Housing and Urban Development (Community Development Block Grantl and from the Texas Criminal r Justice Division, Department of Education, the recreation fund and miscellaneous other revenues. Debt Servke Fund- The Debt Service Fund accounts for the payment of principal and interest on ti'neral long-term liabilities, paid primarily by taxes levied by the City, and for the payment of principal and interest on capital leases in the governmental fund types. Cs+sltel Projects funds- The Capital Projects Funds account for the acquisition of capital facilities being financed from bond proceeds, contributed capital, or transfers from other funds, other than those recorded in the Enterprise Funds and the internal Service Funds. Proprietary Fund Types 1 fnfwpdse Funds• l The Enterprise Funds are used to account for operations that are (,Wanted and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general pubic on a continuing basis be financed or recovered primarily through user charges. These funds include the Electric, Water f ti and Wastewater Utility Systems (Utility System) and the Solid Waste operations. I 1 /atoms/ sondes Funds. The Internal Service Funds account for the financing o materials and services provided by one ; department of the City to other departments of the City on a cost-reimbursement basis. These funds include the Fleet Services Fund (vehicle maintenancel,the Warehouse Fund, the Motor Pool Fund,and 11 the Risk Retention Fund. 11 VJ_1i f ) ?!i K 10 32 X I O o , > t , Notes, City of Denton (Continued) September 30, 1997 Fiduciary Fund Types i riusf and Agency Funds- ' Trust and Agency Funds are used to account for assets held by the City in a trustee capacity or as an agent for Individuals, private organizations, other govemments, andlor other funds. These include the Expendable Trust Fund and Agency Funds. The Expendable Trust Fund is accounted for in essentially the same manner as Governmental Fund Types, The Expendabie Trust Fund is comprised of F:veral trust funds of varied purpose. Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The Agency Funds include the Payroll Fund, the Deferred Compensation Fund and other miscellaneous funds. Gen" Fixed Assets Account Group The General Fixed Assets Account Group represents a summary of the fixed assets of the City. other than assets of the Proprietary Funds. Capital outlays in funds other than Proprietary Fund Type are recorded as expenditures of those funds at the time of purchase and subsequently recorded for control purposes in the General Fixed Assets Account Group. IGeneral Long-Term Liabilities Account Group The General Long-Term Liabilities Account Group represents a summary of the long-term liabilities of the City paid principally by taxes levied by the City. This account group does not include long-term debt accounted for in the Proprietary Fund Types, 4 C. Basis of Accounting i i rho accrual basis—The Proprietary Fund Types are accounted for on a flaw of economic resorrces measurement focus Accordingly, the accrual basis, whereby revenues and expenses are identified in the accounting period in which they are earned and incurred and net income Is determined, is utilized for these funds. The City applies all GASB pronouncements as wen as the Financial Accounting Standards Board pronouncements issued on or before November 30, 1989, unless these pronouncements conflict or contradict GASB pronouncements. ModWed accruaf bas&—The Governmental Fund Types are accounted for on a flowof financial resources measurement focus. Accordingly, the modified accrual basis is used for these funds and the Agency Funds. Modifications in the occrua, basis for these funds include the following: 1 . Revenues are recognized when they become both measurable and available for use during the year. Those revenues treated as being susceptible to accrual include taxes, interest and intergovernmental revenues. Proporty tax revenue is recognized independently of receivables in the fiscal year for which taxes have been levied, provided they become available. Available means then due, or past due and receivable during the current period, collected within the current period or expected to be collected soon enough thereafter to be used to pay liabiloies of the current period, Such time thereafter should not exceed 60 days. Revenue sources from licenses, fines and forfeitures, service charges and other miscellaneous revenues are recognized as the cash is received. 2. Expenditures are recognized when the related fund liability Is incurred, except for interest and 0 • y principal on general long-term debt, which are recorded when due, and vacation and sick k-- leave, which are recorded when pa liable from current available resources. �I 23 � El 32X � Q awxaa • Y y r Notes, City of Denton (Continued) , September 30, 1997 3. Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded In order to reserve that portion of the applicable f 1 appropriation, is employed as an extension of formal budgetary integration. Encumbrances outstanding at year-end ere reported as reservations of fund balances since they do not constitute expenditures or liabilities, D. Budgets and Budgetary Accounting The City Council follows these procedures as prescribed by City Charter, in establishing the budgets reflected in the financial statements: 1. At least sixty days prior to the beginning of each fiscal year, the City Manager submits to the City Council a proposed budget for the fiscal year beginning on the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings art conducted prior to the adoption of the budget in order t6 obtain taxpayer [ comments. !' 3. The annual budget adopted by the City Council covers the General Fund, Special Revenue `I Fund (Recreation Fund, 'olice Confiscation Fund, and Emily Fowler Library Fund only), the 1� i Debt Service Fund, the Enterprise Funds, and Internal Service Funds (except tot the Risk 111 Retention fund). The budget is legally enacted by the City Council through passage of an i ordinance prior to the beginning of the fiscal year. The general purpose financial statements reflect the legal level of control, which is at the appropriation level by function activity within an individual fund as approved by City Council 4. The City Charter provides that the City Manager has the authority to transfer any unencumbered appropriation balances from one appropriation to another within a single function (office, department or agenc)l. City Council approval Is not required at this level. The Charter also provides that within the last three months of the fiscal year the City Manager must have City Council approval of any transfer of unencumbered appropriation balances or portions thereof between functions as well as any increases in fund approp,iations. Individual amendments were not material in relation to the original appropriations which were amended. 4 All budgets are adopted on a basis consistent with generally accepted accounting pnrc',ples 11 except that for the Governmental fund Types, Proprietary Fund Types, and the budgeted Special Revenue funds encumbrances are treated as budgeted expenditures in the year of commitment to purchase and for the Proprietary Fund Types depreciation expense is not budgeted. All unexp,;nded approv'i•tions at fiscal year end lapse to the appropriate fund balance except for those of the i 'r ;^ multi-ye grants endlor projects. Encumbered appropriations are carried forward to the succeeding year. ",,eere were no supplemental appropriations necessary during the year. A reconci',ation cf revenues and expenditures on the budgetary basis to revenues and i expenditures on the modified accrual basis for governmental Fund Types Is as follows: [ NVS'J r I r 24 , 2,r, 10 " 32X10 ;I • 6' t � r , ! i ?„ Notes, City of Denton (Continued) September 30, 1997 ' Genii Special Revenue Fund Funds n Raven in and trihu Scmnc Budgetary bask 13-,533,898 f 783,505 0th,,; Special Revenue Pecration Funds unbudpeted 41,781 { Ail other Special Revenue Funds 4,111,263 Revenues and other sources on modified accrual basis 34,533,898 4,936,549 4 I� Expenditures and Other Una: Budgetary basis 33,169,427 758,932 Other Special Revenue Recreation Funds unbudpeted 1,6711 - All other Special Revenue Funds 4,707,172 Encumbrances(net) 388,839 { Expenditures and other uses on modified accrual basis 33,558,066 5,485,775 Revenues and other sources over lunderl experiMures and c.., other uses on modfied accrual bask 6 975,832 6 1329,2261 i E. Cash and Investments + For the purposes of the 'Statement of Cash Flows,' the City considers investments with maturities of under 90 days at acquisition to be cash and cash equivalents. investments are carried at cost which op,roximates market value except for Investments In the deferred compensation plan which are carried at market value. Interest earned on Investments is recorded in the funds in which the investments are recorded. F. Unbiiled Receivables The City accrues amounts ftr utility services provided in September, but not billed at September 30, 1997. G. Inventories i I Inventories are valued at the lower of cost or market. Cost is determined using a moving j . average method. No inventories exist In the governmental fund types. r i H. Fixed Assets I EnhvpHs r and Infernal Sew/- Funds- . ' ` Fixed assets are recorded at cost, including net interest during the construction period. Contributed property is recorded at for market value at the date of contribution. Depreciation is • • • recorded on each class of depreciable property utilising the straight-fine method over the estimated useful lives of the &.sets. 25 i i '1. 5 x � ❑ 32x � � asossaera Notes, City of Denton IConlivued) September 30, 1997 Estimated useful lives are as follows: Useful life ,. Fixed Asset (years) ENTERMtrSE FUNDS, - vwbre sysri General assets stuxtures so EQw,,ment 6 20 Datritivi on assets Structures so Equipment 20 33 Tr3mmission assets Equipment 20 33 I Internal combustion assets Structures so • Equipment 13 20 Steam power assets Structures 50 Equipment 20 35 toatw and waste Water systaf t ; Structures 50 Water and wastewater mains 20 33 1 ` Equipment 10 20 ' Furn lure and fixtures 10 Water Storage Rights 40 100 Solid Wolff Vehicles and equipment 10 NUANAL SERV/6E FUNDS vehicles and equipment 1 10 Renewals and betterments of property and equipment are capitalized, whereas normal repairs {, and maintenance are charged to expense as incurred (t General RreA Assets. General fixed assets are recorded as expenditures in the General, Special Revenue or Capital [ . Projects funds when acquired. Such assets are capitalized at cost in the General Fixed Assets ` Account Group Significant gifts or contributions of assets are recorded in the General Fixed Assets Account Group at ih. fair market valve at the date of acquisition. Public domain (infrastructure) general fixed assets consisting of streets, curbs, sidewalks, gutters and drainage systems, are capits0ed along with other general fixed assets. No depreciation is provided on general fixed assets. I. Property Tax Qevenue I r Property taxes attach as in enforceable lien on property as of January 1. Taxes ate levied on 1 0 October 1 and are due and payable at that time. All unpaid texas levied October 1 become delinquent ` l S February 1 of the follow ng year. I as 32XIO r t g,hJ •w'. ` r t , f y,I +% � �� V , i `i r � '� T ' S, T 1 + 4: s r iY, t k � � �. 1 �.' , .� I ' y ➢ v�r � ,f , y, n($($ t t My Y �'y h .f , , r -. 1 r , � , +. ➢ Iry , � 1 �. v�` , �.�T�{ s t I , 1 0 „ vdloers� � ;h• ' Notes, City of Denton (Continued) September 30, 1997 i The City records revenue from current property taxes In the year In which bills are measurable and available. An allowance is provided for delinquent taxes not expected to be corrected in the future, At September 30, 1997, the City had a tax margin of 11.97 per 1100 valuation based upon a maximum ad valorem tax of 12.50 per 4100 valuation imposed by Texas Constitutional law. Additional revenues up to 142,748,874 could loo raised per year based on the current yesr'a assessed Sri value of 12,169,892,097 before the limit is reached. F ' J. Compensated Absences The City allows r )loyees to accumulate unused vacation up to forty days. Upon termination, l or j accumulated vocstl n time will be paid to an employee, Genere'IV, sick leave is not paid upon termination except for firemen and policemen. Firemen an„policemen accumulate unused sick leave J' up to a ma 4Imum of 90 days. All other employees are paid only upon illness white in the employ of the City. x As of September 30, 1997, the liability for accrued vacation Wive and accrued sick leave is approximately 14,574,953. The amouna applicable to the Enterprise funds(1780,611) and fnterru1 1, t Service funds 1428J451 have been recorded In those funds,and the amount applicable to other funds 113,785,2071 has been recorded In the General Long-Term Account Grovp. The amount expected to be paid from current available firtsnc l resources is not significant. K. Comparative Data Comparative totals for the prior year have been presented in the sceompanying general f purpose financial statements In order to provide an understanding of chinges in the City*financial position and operations. However, comparative date Ipreaentation of peor•year amounts by fund type) In each of the statements hove not been included, since their Inclusion would make the combined statements unduly complex and difficult to read. a In certain cases, the amounts previously reported in 1996 have been reclassified In order to } conform to the 1997 presentation. r � s c• ' L. 'Memorandum Only' Total Columns Total columns on the combined statements are captioned as 'memorandum only' to Indicate that they are presented only to facilitate analysis, Data In these columns do not present firunclal position, results of operations or cash flows In conformity with generally accepted accounting r 7 .r principles. This presentation does not represent a consolidation. Interfund eliminations have not been . t made in the aggregation of this dais. t , e 1 k , , C � i •SA°r4 lei r"Q'*4�'�F' Ae, 'S.>,N�,f➢5 n''M1, x, `� k 10 ,,,. h r. ' 2 X 10 wwlle �� t 1 e i h n r , ) tip. `f , a r r A r Notes, City of Dent--. {Continued) September 21) 1 L_ L!" 121 CASH AND INVESTMENTS In order to facilitate effective cash management practices, the operating cash of all funds, ./ except for this deferred compensation fund, are pooled into common accounts for the purpose of 1 inerdasktg income through combined Investment activities. At year end, the carrying amount of the I I City's deposits was 112,873,280, and the bank balance was 11,970,691. Federal depository insurance or the fair value of collateral held by the City's agent in the City's name exceed In total the E` City's bank deposits at year-end. i The Investments of the deferred compensation fund are held separately from those of other City funds by an outside trustee appointed by the City. Statutes authorize the City to invest in obligations of the U.S. Treasury, U.S. agencies, k repurchase agreements, investment pools, investment grade rated securities, ar'd fully collateralized certificates of deposit. The investments reported at September 30, 1997 were similar to those held during the fiscal year. ( t i l jAt September 30, 1997, the City's Investments (U.S. Treasury and Agency Securities and Municipal Securities) were Insured or registered or the securities were held by the City or its agent in i the City's name. As of September 30, 1997, the City's Investments were as follows; I i Category I Par Cost Market Talus 1 t U,S. Treasury Securities 1 58,735,006 4 $9,247,000 11 $8,735,006 1 58,985,985 Elt! U.S. Agency Securities 68,345,460 68,975,000 68,345,460 68,387,210 Municipal Securities 1,499,402 1,6001000 1,499,402 1,501,350 Total Securities 128,579,866 129,722,000 128,579,868 128,874,545 Deferred Compensation Investments 3,510,973 3,510,973 a Total !128,679,868 1129,722,000 4132,090,841 1132,385,518 v' Y r e ; 1 4 ` 1 r i 1, i 29. „ ' rn "1 ti a 1 '" s 1 Jrol R .' J4` CS x V f. °��i u iY , , r , ry Notes, City of Denton (Continued) September 30, 1897 (3) FIXED ASSETS ir h, Dan"I Brad Assets. ? General fixed assets balances and transactions for the year en,ad September 30, 1997, are r summarized below: r as Balance Balance ' Octaber 1, Transfers/ Transfery September 30, „l• 1846 Addhions Deductions 1997 1 Lend 1 6,276,689 1 178,438 1 1 6,454,127 Buildings 18,744,369 1,849,782 20,594,161 w' Street! 81,832,544 3,438,086 65,270,630 Machinery and equipment and J other improvements 12,602,798 S,015,328 1361,3911 17,258,735 Fr( Construction in progress _ 10,108,344 6,191,236 (8,268,4021 10,029,178 fs' r Total 1108,561,744 116,672,870 618,629,7931 1118,604,621 r, Investment in General Fixed Assets- From bond issues 1 78J23,605 $ 9,122,858 418,288,4031 1 78,978,080 From current revenue 11,551,572 8,177,579 1381 3901 19,387,761 89,675,177 17,300,437 18.629,7931 98,34 5,821 From contributions 18186,567 1,372,433 20,269,000 Total 1108,561,744 618,672,870 119,629,7931 1118,604,821 , r � , r • 29- X 32X iif f I 1� x5 i �^ v• " 1 r 'i W 1 i'N f t 1 I 'r �+ 1�; I r 9: ✓ �. rk I i ;� �� •+ r l 1 r r y ! 1 5 1 1 Y i, 1 ,•1 1� s � �' � � � � f�• � cif + ' I � ! 1 � � � � o, r -itllklll I , ' a 1 � n W. r r i Notes, City of Denton ;Continued) � I September 30, 1997 r General Fixed Assets by function and activity as of September 30, 1997 are summarized as follows: 1 MAC h,01000 And a 1 S . Omer ' 1 1 i Touf Land auildlnpl 4vntl Improrlmem$ , ! 1 Parks a 1474,711 12,113,000 4 5,417,111 1 41,144,747 ' Lapel 103,204 3.302 - 100,01: E -�. •,''x r MunIC,p4I noun 36,657 0.340 17.217 Hutton Mloumn 47,970 67,176 { ° tMOrMSfO 1,51!,353 262,304 108,482 41,411 hc4iry Mln4pement 10,1!2.110 2,600,1115 7,512,114 94!,407 ! library 4,029,OSO 112.839 3,110,41t i South%.Inch llbnry 1,097.672 1,225.601 771,012 `yv ►Ilnrtingto 111,362 110.342 1111 l '•f Inspection$ 48,441 4JAGI Mom Strut 3,t44 3,144 Teal 0enerll 0owrnmenl 28,140,579 S427S,649 IS,998622 6,176 287 , /r/allC WMKS; TnNie Engineering 3,7 21,644 35.703 411,529 3,267.332 Enginunng 1411,930 118470 Code Emlopck enl 14,6So 11450 , guests 59,761,63S 5,000 1,753,!56 1,721 ' Sliest SorupinglDninsge 3.141499 :000 7130,988 24,113 , A!rpon 4,350402 171,430 150,110 1,267,109 3.054,104 r Enorownenter Holllh services 3,000 3,000 * r• Animd Control 411,557 348,102 24.750 1 � Tolel PAU Works 173,277,412 4 170,431 4 1,21D,SIS 115,110,630 11 °48,099 I 'o ',v I f i I I ! I IE 4 I r ry I r r 32 v !. rc, r r• ^ ! f r 11'VN� t+}. ?�`�r<iY 1„i' X11 ��i1 y 1 •- N. t a i• n r l r r��'1 ,, r r r l a 1 �:. e 1 , 1 Sl 1 r , a I .' 1 ' r• ! rr I a 7 'a � 1.• k e t , •fir, ,) 'r. + � I:, � I I pa I 1 r ! t J 'el I t~' + 7 Notes, City of Denton (Continued) September 30, 1997 1 , , Msek.lEN 1 P. 4nd .d' Otter yr' Total Land Buildings {tarts knpra"rnents IeonunuMl 1 rinsne4 Administntlon 1 40,476 1 ! 7,161 1 4 71,267 { , Cualamea 6enlce I ills,l6S 116,165 Purchasing 12,141 12,141 v Internal Audi) 17,717 3' �' Budget 1,711 I,J64 . Tnswry $6,777 39,977 I Aeeounting 66,874 66,1/4 3Mf'. M UNCIpal Court Clerks 46,411 41,411 r i 'tax 12,275 1 7 • S AdmiNNrsors IeMtss 67,697 17.1111 I y Inlormason 9nNca 446,641 449,941 w: Tell Mena 1108,665 7,182 601,407 PUSL C 8AF!'7Y: 1 Pus Admldstn6on 171,197 116,187 Firs Opel done 1.164,044 2,627,671 $70,667 1 Fire Pr4vmBen 17,971 1$,172 ` ' 2lnpgency M adcal 161,711 - 137.111 1 Posts 1,100,071 494,601 1,70{,gf 1 p ✓ I Teal l"lle/story 1,241,111 74111077 Cemtmetien In Faegras TOTAL 1111.604,121 16,454,127 110,694.111 491.170,6!0 617,164.7$1 ' , 1 1 r 1 r � 1 • a � ! fit. A•'`I � , i : + 5 I I • 1 ' Y , r .•1 + w x 10 : 1 321x f • >, { t i r 'l ,r 5 i � d r '� A C' i 6 t �e , y d '., v� e r I b r 1 I I I r v t I I r. n , l ratelae� 1 c l,o i r Notes, City of Denton IContinuedl i September 30, 1997 1 Chsnpes in general fined assets by function and activity for the fiscal year ended September 30, 1997 are summarized as followsi {J/ [ . f i Gsnalel Oonlral filed Asset$ Tnntfsrsl It Assets c, 1011116 Additions 0tduclons 9130117 QENERAS OOVEAWEM: ii I� Perks 9 !.654,735 6 112,U6 6 le],16I1 / !,674,711 'f Upol x1,661 51.714 107,5!4 � i ' .F Mursclpal Court 15,ttt 10,439 ]SISSY Human Rseou rose St,lD6 11,p701 67,776 CMOlMSED 1,051,799 81,722 16001 1,119.155 Ftoiliry mano9orn4nt 10,211,366 665.716 10,167.16E I 1Mnry 3,951.202 157,411 (74,S6t1 6,021,050 s" South drench lllnry 700 320 117174053 1497,575 ' Plonnm9lCA 111,595 1,167 111,512 l I s Intpeetiens 47,612 611 41,461 I I meln stroll - 3,146 3,146 Total General Go"Onment 2S,ess,300 2.412.438 (140,1601 2010,671 ` WNAC UMR)IM Traffic inginserinq 3,617,516 104,C4S 3,721,561 Inge noe ri n9 176.557 S73 (2t.2001 141,130 .' Cods lnfareement 14 $50 11,150 Strolls 66,360,105 1407,810 Sl,76L615 1 ` Stroll sweopmalolsinr.. 5,111,110 115,296 (149,601) 3,151,199 Airy JJff 1� ort 2,166,112 5,171,219 17,1"1 6,350,601 ' r [nMronmentM Hooth somols ],000 An;mal Control 41 T,552 411,552 Total Pulse works MS12,732 15,160,041 $[Its,294) $73,277,412 jr 4 r ' rt t f •� I ' I rc •32 • r I'' x • j >r_ � � (H • f� s t1 e' 0 11 Sr s i J Y 1. '`� .� rr t y 1 . r d ° r ,yV � r'` s iar j} I9 F 4 {� q i r. r ° 7 � r • 1'a r °� 1 •I r .I,, r ° I' v J I i 1 , 1 4 1. , q . 1 t ry r , • a111w,wtt64 k , , , . r Notes, City of Denton (Continued) September 30, 1887 R' •�I Glnsal General Fixed Assets Tnns}enl Fixed Assam s 1011166 Addltlons DeductioM 4030197 + » '. Ic ontinusd) AWAAAM $f{ Ar,ame Admiristrstion { 71,613 1 1,716 { 1 40,471 x r YV Customer t/Mcs 149,501 120,/171 121,915 s ' �•;, FuroMlin/ 13,140 11,*44 r InbrnN AWit 13,713 13.713 a� ' lud9st 1,164 1464 Tnnury 40,177 Ie001 *9377 •�,� � Aeseuntin/ 46,111 66,1 94 WriCipsl Ceurt CNrk1 91,011 17,6001 48,411 nh s Tor 11,175 - 11,276 •4 Admristrlivs SsMess 15411 12.1001 07,116 r In}annsGon 9sMtr/ 117,113 31,37* 441,641 Tsui Fvwn 110.114 45,174 124,7171 10/.616 MAX 6ANTY; Fin Admiristntion 121,117 _ 121,117 Firs Opellions 3,1SS,140 7,466 19,1221 3,164.064 Fax hasnden 13,131 17,!71 r lmsrpsnty Medics! 151.711 161,717 Police 1,167,661 1,176 510 2100,077 Terd►ublic esbty 1,114,244 1,143,616 1912121 6.240,991 r C8Mtmt6on in IIOpg11 10.106,344 3,U1.136 U,261,4011 70,01!,110 TOTAL 1101,611,719 111,171,170 10,110,7971 1116,604,111 7 t ' f• 7 ;ti< 1 IV lit `4 , r P r ,e ^inn r� Sk . .. '�✓ ..r 25 X II.,As' 1 � 7rv ! ! 32 At, I + l 0 k r 1 AFprl9ua I Notes, City of Denton IContinuedl 1 September 30, 1997 { I + Construction in progress 13 composed of the following: 1 Plainct Eaaendea to t Aearoo'at en SearrmDar 34. 1997 Committed GtS Compute System 6 t,214,304 1 1,235,963 6 41,341 - 4 Ride to Teal 17.000 14,900 72,100 Park Construction 705,000 300,619 4,181 City Mall Amovabon 2,066479 1,765,715 700,624 Public Safety Radio 76.405 71,409 P Public Safety Compute System 1,314,543 1,221,760 15,793 Upgrade Emoting Parks•Phase 1 300,000 2120062 87,978 Phoen4 Park E4penaion 25,000 10,075 14,925 Civic Center Park Master hen 40.000 21,745 11,255 MVAC UM of Library 92.115 55,146 37,119 MLK tnck Repair 1,040 7,146 194 South Lskal Park Containers 1,049,270 1,048,270 City wide Computer Uporade 1,335,347 1,152,121 183,226 Tualey Landscaping 78.121 71,114 7 SUHI Mal @noDo- Elm 314,576 15937 215639 Locust 1,155,713 $83,391 571,822 FM 2419 Rhght•o4Wey Acquisition 20,000 11,558 1,441 M4yhill P404 221000 392 21,608 Msyhill at Cooper Creek Bridge 20.000 2,696 17.704 Willowcresi Loop Oninege 49.410 12,142 77.463 Sidewalk, 750.000 36.175 713,865 OPTICOM 75,71 1 IS0711 Carron end Parkway urn 3s.000 14.072 20.921 v 1 MrpolAudddlMoninghem I6,000 12,94 2.406 I Made Curb Medians to DIC 13.644 253 1} n51 675 at McCarmck Traffic Signal 65,200 240625 'S ' 777 at Collins Signal Carndor 11,000 612 dl McKinney at MayhNl TraN,a Signal 74,500 7,149 77,351 U,S. 277 a 16351nri vems nu 25,300 943 240357 Ullien Miler&i awalk Connection 23,768 14.915 8,853 CMAD•Eagle Orlve Turn Lehi 22,277 9.361 12111 Dainage Study.Peter,Cruk 48,990 48,990 Lemerara Asphalt Overlay 25,500 15.050 10,450 Coronado, Massey.Won, Copal 117,000 101,694 15.306 Ws!Man A.Ohl of Way 21.819 16.490 5.399 Millets Turn Signal 20,000 516 19,414 UI6an Mdl#0S*ulhnJ9e Vi6e9e 17,377 13.177 DMC Polurg Let 53,140 37,077 21,763 Kerley Street Culvert 370,000 114.965 145,035 Misc.0rrnag4 Cep, Improve. •Phase 1 63,000 3S,241 32,758 Collage and Vine Drainage 20,000 17,111 6,832 7101 signal,•Fnaee 1 199,000 107,101 91,199 1 + Loop 281 typasa eight of Wey 725,000 7,485 317,535 Nottingham WhAgo to Audrel 240,000 12$06 227,494 Mica Sueal Ccnetrucben 100,000 79,367 60.677 Flow Area Asti ehd Comets 250,000 113,ISD 71,150 , Good Sar itan Drainage 100.000 53191 46.702 Jim Cnri lO Bridge 59,000 73,170 25,070 Arterial Turn tomes•Phase 1 111,000 14,137 96,163 A vanur0 200,000 5.177 194,123 Avenue D Mod4cauons 291,000 4,160 265,840 • Cooper tench Channel 25,000 1,707 27.298 Intiance Mark $0,000 4,923 45,077 NiIINew Oninage 115,000 122/5 20705 r Robertson Drive Drstneoe 406,718 200,142 206,566 Scott Street Right-el Way 23.000 1,1744 21,956 "4mun Ldewegi 27,000 18,111 8,802 ' $Isis school Culvert SO,Doo 35,151 14,147 Shut and Indge•Phase 1 452,000 265 451,735 Strut mprovemeht Fund 155,533 699,720 355,113 lidewalka;Brkeways.Phase T 142,000 4,127 137,173 South Parking lot CGTy Mall Wall 21,516 17,032 1,414 e Parting Spaces at South trench 11.101 17,401 700 0 Civic Centel Bridge 100,000 1,976 18,424 Southeast Sidswatkl 515.000 46.441 8.552 Total 11 5.610.621 410 029.171 emajji§21j4J 34 ` I � � i l , _ _ --- 25 10 32 x 1 ❑ l M I Ewl I I • .k r r r . I , r 1 l t r i 'alb '� • ' .v � 1 '' r ' « ^ r i \ f i 1 Y I r F n 1 I 1 r r YI�Ra ° Notes, City of Denton lContinuedl September 30, 1997 's I {r r Eipti a and Infernal Ser-Wes Funds- y r fFixed assets of these funds are as follows. September 30 I 1997 1996 t: i Utility system- land and land rights It 1,926,496 S 1,856,227 Water storage rights 67,715,402 67,715,402 ' r Electric W ant and equipment 107, 455,420 10303.321 Water plant and equipment 49,905,378 48,723,364 + Wastewater plant and equipment 55,494,168 52,729,722 r 282,496,884 272,629,038 Less • Allowance for depreciation _I112,109,1421 {106,017,9091 r '' 170,387,722 188610,127 Construction In progress 4,618,397 4,749,191 Total fined assets • Utility System 1175,006,119 1171,359,319 Solid Waste- Land and land rights 3 6,602,834 4 6,598,378 Vehicles and equipment 2,194,661 11648,331 8,797,495 8,244,709 I Less • Allowance for depreciation !2,604,0991 (2,438,9311 6,193,396 5,805,778 Construction in progress 137,058 Total fixed ssaats • Solid Waste 1 6,193,396 1 5,942,636 Internal Service• Land and land rights 1 183,B06 1 183,806 Vehicles and other assets 18,725,412 17,534,732 « y 18,909,218 17,718,538 . Less • Allowance for depreciation 111,780,4221 111,550,877) 7,128,198 e11671681 ' 'I Total fixed assets • Interns!Service 1 7,128,796 1 6,187,681 } n } i y ' �S• t , i 1 r i 1i `a25X10 L 32x10, 7 ; • t � 1 � 1 ,I . � u .�r u 5 ,,b � 1 -'n �� 4 LI r ' 1 , r. I�r � . � r . ",. r •, L t Ira i : •rt , , , A 1 1 c r I o r a 1, rig r '1 1 nr r r M1 01 1 y ry , 1 t f a r '9pele6/M i f ': � r s r Y 1 , Notes, City of Denton (Continued) 1` 4. September 30, 1997 1 r { r ' (4) LONO•TERM LIABILITIES Long-term liabilities transactions for the year ended September 30, 1997, are summarized as 1 follows: Balance at Retired Balance at October 1, and Sepumbsr 30, 1998 luued Transferred 1997 (+ p I General loap•Term Uib"s I j I General Obligation bonds $ 22,320,823 1 4,700,f100 1 2,732,884 1 24,287,959 Certificates of Obligation 4,087,780 7990596 3,288,184 I Obligations under capital losses 8,635 8,535 Accumulated unpaid compensated (; absences 3,658,409 126,798 3,785,207 row#strere/bngr-I&MAboues 30,055,547 4,826,796 3,540,995 31,341,350 ` woorferay fund fypea Utility System Avenue bonds 89,270,000 6,379,999 83,890,001 General'Obligations General Obligation Bonds 88,655 15,755 12,900 General Obligation Bonds: a (pledged by Solid Waite revenues) 502,262 71,381 430,871 CartlficatesofObligaUon 10,207,220 83$,450 9,371,770 Obligations under capital tosses 111,449 83,179 28,270 Accumulated unpaid compensated absences 768,050 21,696 789,745 �. 1 Note payable 31,273,659 32,456 31,241,203 I 1 ro to/propNefary food types 132,221,285 21,696 6,418,220 125,824,761 Totettong•term9ebllitles 1182,278,832 1 4,848,494 1 9,959,215 $157,166,111 I f Ill , 1 , � 6 S B • ( � � , 11 �C 4 v ' a _ a' PRIOR r' •r i a,tmttttw I i r , 7 v 1 , (dotes, City of Denton IContinuedl September 30, 1997 Genera!Bonded Debt General bonded debt at September 30, 107, Is comprised of the following: , f Amount I { Outstanding at 111 Interest Rate Final Orlpinal Amount September 30, Bonded Coot 1%1 Issue Date Maturity of lasue 1997 General Obligation Refunding 7,70 to 8.00 1985 2004 15,'71,730 11,438,730 Canon! Obligation 6,40 to 9.40 1987 2001 1,225,000 350,000 Genenl Obligation 6.5)to 9.50 1988 1998 1,075,001 200,000 General Obligation 9.00 to 910 1989 1999 1,265,000 390,000 General Obligation 5.55 to 8.50 1992 2012 2.630,000 2.300,000 General Obligation 4,65 to 7.50 1993 2013 2,975,000 2,400,000 General Obligation Refunding 3.00 to 5.40 1993 2009 13.315.000 9,000,000 General Obligation Refunding 5.75 to 6.50 1995 2015 1.610.300 11630,000 General Obligation 5.40 to 7.40 1995 2016 2,515,000 2,465,000 General Obligation 5.00 to 7.00 1997 2017 4,700,000 4,700,000 h Total General Obligation Bonds 36,461,730 24,791,730 Certificates of Obllgation 6.00 to 9.00 1987 2007 150,000 25,000 Corti'Icates of Obligation 6.80 to 9.60 1989 1999 111551000 100,000 Certificates of Obligation 6.00 to 9.00 1989 1999 115501000 350,000 Certificates of Obligation 4.40 to 7.40 1992 2007 1,325,000 490,000 Certificates of Obligation 4.20 to 5.30 1993 2003 1,450,000 500,000 Certificates of Obligation 4.40 to 7.40 1994 2014 2,705,000 2,285,000 Certificates of Obligation 4.3010 7.30 1994 2005 3,220,000 2,080,000 Certificates of Obligati7n 5.25 to 8,25 1995 2015 2,000,000 1,945,000 Certif Cates of Obligation 5.00 to 7M 1996 2016 5,190,000 4,664,954 Total Other General Bonded Debt 18,745,000 12,639,954 I Total General Bonded Debt $55,228,730 431,431,684 Proceeds of general bonded debt are restricted to the uses for which they were approved In the bond elections. The City Charter expressly prohibits the use of bond proceeds to fund operating expenses. The general obligations are collateralized by the full faith end credit of the City and, . primarily, payable from property taxes, II l In prior Vesta, the City defeated general obligation bonds by placing the proceeds of new { t bonds in an irrevocable trust to provide for all future debt service payments on the old bonds. 1 Accordingly, the M t account assets and liabilities for the defeated bonds are not Included In the City's financial statements. On September 30, 1997, 18,325,000 of bonds considered defeated en ' - still outstanding, 9 . 31. Ii II I i 32X 1 i f w � aI { 1 , i '7 . i [ ti ii `.will" I -.��... ..rnx w`a�.�.rrw �iisw.rx•r.,w•w.. -l. � Notes, City of Denton (Continued) September 30, 1997 Reveysw Sonds- Revenue bond debt at September 30, 1997, is comprised of the following issues: Amount ` Outstanding at Interest Rate FMI Original Amount September 30, I Revenue Bonds 1%I Issue Date Maturity oflssue 1997 l Utility System 6.75 to 9.75 1988 2008 1 3,500,000 $ 350,001 Utility System 8.00109-00 1989 2009 20,000,000 7,400,000 Utility system 5,80 to 8.75 1992 2014 4,500,000 4,285,000 Utility System 5,00 to 7.50 1993 2013 6,575,000 51600,000 i „ Utility System Refunding 2,50 to 6.40 1993 2009 27,085 000 24,840,000 ++1 Utildy System Refunding 3.55 to 6.75 1993 2007 6,045,000 3,290,000 1 f 1 98 20 24 36 5101100 35 395,000 1111 Utility System Ralundin E.30 to 7.80 9 ,. Y Y 4 •r.• Utility System 5.30 to 7.40 1996 2016 21750,000 2,750,000 i 1 l 1106,965,000 $83,890,001 1 !!J The City has the option to retire at par all or a portion o`the Lends prior to maturity on or after December 1, 1993. The revenue bonds are collateralized by the revenue of the Utility System and the various special funds established by the bond ordinance, The ordinance provides that the revenue of the System Is to be used first to pay operating and maintenance expenses of the System and second to establish a td maintain the revenue bond funds. Any remaining revenues may then be used for any lawful purpose. The ordinance also contains provisions which, among other items, restrict the I� issuance of additional revenue bonds unless the special funds noted above contain the required amounts and certain financial ratios are met. Tne City is in compliance with all significant requirements. Below Is a summary of the various restricted asset accounts required by the bond ordinance as of September 30, 1997: [ 1 interest and Sinking Fund 110,098,340 Reserve Fund 4,991,862 Emergency Fund 250,000 Extension and Improvement Fund 4.482.300 119.822.502 1 • t ' 1 I • 3a• t , r i I - -- -- xIa . 1n' 32X10 � Y .�C e • � ,"1 ri r � ( \ �J i �' t t � •mob t i N R" Y MqLMLAM i r r 7 .t . 9 r , s , r ir I S o M1 t Notes, City of Denton IContinuedl September 30, 1997 Assets In these accounts consists of cash and U.S.government securities. Related liabilities and retained earnings are as follows: Payable from restricted assets- Accrued Interest 8 1,631,157 Revenue bonds payable, current 5,380,000 t I Retained earnings reserved for bond retirement 12.811.345 819.822.502 lIn addition, the City has established a reserve fund to pay for General Obligation bonds pledged by Solid Waste revenues of 1367,100. r l; In prior years, the City defessed revenue bonds by placing the proceeds of new bonds in an p Irrevocable trust to provide for all future debt service payments on the ponds. Accordingly, the trust account assets and liabilities for the defessed bonds are no ..r,.uded in the City's financial statements. On September 30, 1997, 117,465,000 of bonds considered defeased are still g" outstanding. Note Payable- In 1980 the City and the City of Dallas contracted with the Corp of Engineers for the rc construction and development of Ray Roberts Reservoir In Denton County, In contracts with the Corp of Engineers, the City will pay to: twenty-six (26%) per cent of the estimated water storage rights of the reservoir. Water obtained from the Reservoir will be pro rate on the basis of each city's proportional share of total construction cost. The closing of the dam was completed in 1987 with water being available from the Reset.c,r in 1989. The City's estimated total cost of water storage ' rights at September 30, 1997, was 167,465,338. Of this amount, the future use currently estimated s at 128,943,682 at September 30, 1997 is financed by the Corp of Engineers. No principal or interest payment with respect to this storage forfutufa water supply is required 1 to be made during the first ten{101 years following the date the project Is operational for water supply r 1 purposes unless all ,r a portion of such storage Is used for purposes of withdrawal of water from or transfer of water Into Ray Roberts Reservoir during this period. When any portion of the storage for future water supply is used, the amount of the pfolect investment cost allocated thereto, plus Interest applicable to such portion as provided, will be due and payable on the date of the first use of such portion. The said amount due shall be paid within the life of the project and not to exceed fifty(50) consecut;, annual payments. The City Is else responsible for twenty-six (26%) per cent of the cost of any major capital replacement facilities required. The City will also be required to pay the Corp twenty-six (26%1 per cent of the annual experienc-:d operation and maintenance costs for specific water supply facilities l ! at thu Aeservoir. Aggregate maturities of the long-term debt (principal and Interest) for the year subsequent to September 30, 1997, are as follows: IVr 39 I rY r i 30) XIq . N n , r ! { , ` IT I I i r IT IT C � jr ! f t r a C: { _ + F n Notes, City of Denton (Continued) September 30, 1997 r' 111 Bonds { + General e fiscal Vest Obligations Revenue Notes PaYSDIe Capital lessee Tony! 1998 1 5,307,993 4 10,098,327 1 2,030,263 $16.299 1 18,452,872 1999 5,691,418 8,952,028 2,008,308 15,499 16,677,251 l 2000 6,301,090 8,385,346 2,008,308 15,697,744 2001 4,930,340 7,944,181 2,008,308 - 14,882,829 J 2002 4,409,944 7,669,013 2,008,308 14,107,263 1 2003.2007 15,809,189 35,185,769 10,041,540 61,037,468 2008.2012 9,280,700 25,242,994 10,041,540 44,365,231 1 , 2013.2017 6,293,682 10,827,491 10,041,640 31,162,693 2018.2022 12,764,100 10,041,54 22,605,640 2023.2045 7,668,900 62,483,952 60,152,852 Total principal 57,024,334 139,772,139 102,7}3,597 31,70S 299,641,866 end Intermit { , ;A Less applicable interest 119,59716501 155,862,1381 01,472,394! 13,5281 1148,9507101 Total principal 6 37,431,684 1 83,690,001 1 31,241,203 $28,270 4 162,591,158 Bonds Autholfred and Unfesued- l General obligations bonds authorized but unissued as of September 30, 1997, amounted to r 422,657,000. when Issued, the proceeds will be allocated to the applicable Capital Projects funds. (5) LEASES r r Losses payable represent the remaining principal amounts payable under lease purchase agreements for the acquisition of vehicles, cooler equipment, computer hardware end other equipment. These leases are recorded as capital leases. The vehicles, copier equipment and the landfill vehicles are recorded In the Proprietary fund Types. Remaining requirements, including (% interest, under these losses are as follows: s ' 1 ` a t . ' 1 ' '• z a ,40. IT IT r V If I � 1 'A...Fly ��.r Y 1# ,1yx• �J. '� i' '! l r,- 3142 x Q 1 1 • ;! - •1 1 � r 1 Notes, City of Denton (Continued) September 30, 1997 Proprietary Year Fund Types 1998 1 18,299 1999 15,499 31,796 Less • Applicable Interest 13,5281 Net Present Value i 28,270 ' 16• -NSION PLANS Texas Municipal Retirement Plan: Pillion Dose4vion- Thecity provides pension benefits for all of its full-time employees(exceptCrefighters) through ' a nontraditional, point contributory, defined contribution plan in the state-wide Texas Municipal M Retirement System(TMRS},one of over 688 administered by TMRS,an agent multiple-employer public employee retirement system. It Is the opinion of the TMRS management that the plans in TMRS are substantially defined contribution plans, but they have elected to provide additional voluntary disclosure to help loafer a better understanding of some of the nontraditionst characteristics of the plan. Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the city-financed monetary credits, with interest. At the date the plan began, the city granted monetary credits lot service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (200%) of the employee's accumulated contributions. In addition, the city can grant as often as annually another type of monetary credit referred to as on updated service credit which Is a theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with Interest W the current employee contribution rate and city matching percent had always been In existence and If the employee's salary had always been the average of his salary in the last three yens that are one year before the effective date, At retirement, the benefit is calculated as if the sumo)the employee's accumulated contributions with interest and the emp lover.financed monetary credits with Interest 1 were used to purchase an annuity. Members can retire at ages 60 and above with ten or more years of service or with 25 years of service regardless of age. The plan also provides death and disability benefits. Amember is vested after ten years, but he must leave his accumulated contributions in the plan. If s member withdraws his c Nn money, he is not entitled to th. employer•linanced monetary credits, even If he was vested. The plan provisions are adopted by the governing body of the city, within the options available In the state statutes governing TMRS and within the actuarial constraints also In the statutes. ! C"Wbmb'ons• The contribution fate for the employees is 6%, and the city matching percent Is currently O 0 200%, both as adopted by the governing body of the city. Under the state law governing TMRS,the city contribution rate Is annually determined by the actuary. This rate consists of the normal cost 1 41 JI, - � I ' 1 I ISisimte .,nton (Continued) I I Notes, a d0, 1997 Se'• I contribution rate and the prior service contribution rate, both of which are calculated to be a level percent of payroll from yearto year. The normal cost contribution rate finances the currently accruing monetary credits due to the city matching percent, which are the obligation of the city as of an employee's retirement date, not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the city to each employee at the time his retirement becomes effective. The prior service contribution rate amortizes the unfunded actuarial liability over the remainder of the plan's 25-year amortization period. When the city periodically adopts updated service credits and Increases in annuities in effect, the Increased unfunded actuarial liability is to be amortized over a new 25-year period. Currently,the unfunded actuarial liability is being amortized over the 25-year period which began January, 1997. The unit credit actuarial cost method is used for determining the city contribution rate. Contributions are made monthly by both the employees and the city. Since the city needs to know its contribution rate In advance to budget for it, there is a one-year lag between the actuarial valuation that is the basis for the rate and the calendar year when the rate goes into effect. The city's total payroll in fiscal year 1997 was$32,872,635 and the city's contributions were based on a payroll of $26,432,624. Both the city and the covered employees made the required actuarially determined contributions, amounting to $4,238.305 19.26% of covered payroll for the months in 1996, 7.14%or $461,246 city-cont(ibuted normal cost plus employee contributed normal cost of $379,837 and 2.12% or $136.998 to amortize the unfunded actuarial liability, and 10.01% }}r for the months in calendar year 1997, 7.60% or $1,558,269 city contributed normal cost plus I employee-contributed normal cost of 11,207.710 and 2.41% or $494,245 to amortize the unfunded actuarial liability). The city adopted changes in the plan since the previous actuarial valuation, which had the effect of increasing the city's contribution rate for 1997 by 0.04% of payroll. There were no related•pany transactions. fundmg Stsfus and Progress- Even though the substance of the city's plan is not to provide a defined benefit In some form, some additional voluntary disclosure is Appropriate due to the nontraditional nature of the deigned contribution plan which had an initial unfunded pension benefit obligation due to the monetary credits I granted by the city for services rendered before the plan began and which can have additions to the unfunded pension benefit obligation through the periodic adoption of Increases in benefit credits and benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASS 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial present v::ue of pension benefits, adjusted for the effects of projected salary increases, estimated to be payable In the future as a result of employee service to date. The measure is intended to help users assess the fe'rding status of public employee pension plans, assess progress made in accumulating sufficient 1 assets to pay benefits when due, and make comparisons among public employee pension plans. f The pension benefit obligation shown below is similar in nature to the standardized disclosure f measure required by GASS 5 for defined benefit plans except that there is no need to project salary increases since the benefit credits earned for service to date are not dependent upon future salaries. The calculations were made as part of the annual actuarial valuation as of December 31, 1996. Because of the money purchase nature of the plan, the interest rate assumption, currently 8.0% per year, does not have as much impact on the results as it does tot a defined benefit plan. Market value of assets is not determined for each city's plan, but the market value of assets for TMRS as a whole was 102.7% of book value as of December 31, 1996. � f 42. 1 ' M - 7 � � 10 32nD i ."a1lUa J s r t � "A •�� { 1 r )r , INotes, City of Denton (Continued) September 30, 1997 r Penelon Benefit obligation 1 Annuitant$ evnently receiving benefits 1 3,714,144 r Terminated employees 5,599146 Current emplcyees Accumulated employee contributions 1 including allocated invested earnings 18,627,061 II Employer financed vested 26,977,259 I ' l Employer-financed nonverted 3,676,519 ' 1Il Total 56,694,331 ,`. Not Assets Available for Benefits,at Book Value 12,97 2,363 .. Unfunded Pansten Benefit Obligation 412,881,968 �m The book value of assets is smonited cost for bonds and original coat for short-term securities and stocks. The actuarial assumptions used to compute the actuarially determined city contribution rate are the some as those used to compute the pension benefit obligation. The numbers above reflect A the adoption of changes in the plan since the previous actuarial valuation, which had the effect of increasing the pension benefit obligation by 9188,866. • .i rune Infoomdon Tan Year Histal.al Tnnd Information ' year December 31, December 31, December $1, December 31, December 31, Ended 1987 1988 1989 1990 1991 ' Net Assets Available for Benefits $11,643,889 114,146,080 116,633,114 119,345,511 $21,968,536 Pension Bement Obligation 113,665,302 116.639,047 119.319,318 122,536,840 124,945,432 Percentage Funded 852% 86.0% 86.1% 86.8% 88.1% ' Unfunded Pension Benefit I Obligation $ 2,021,613 1 2,492,967 1 2,686,204 11 3,191,329 12,976,798 Annual Covered Payroll 116,535,036 118,145,919 118,947,816 121,120,188 $21,443,097 Unfunded Pension Benefit Obligation as a Percentage e 1 ' of Covered Payroll 12 2% 13.7% 14.2% 15.1% 13.9% City Contribmioc to IMPS 1 825978 a 968,006 $ 1,020172 1 1,078,635 1 1,156,035 f, Average City Plate 6.0% 6.3% 5.4% 5.1% 6.4% r 1 1 r 1 + r � 4 • I •43• ' y . i 25 x ' ❑ ol 32X � � y 1" asaaaa I . aoane� , (Continued) Notes, Cif-4, 1997 Sept,. I or Ten Year Historical Trend Information !continued) Year December 31, December 31, December 31, December 31, December 31, Ended 1992 1993 1994 1995 1996 Net Assets Available for Benefits 125,071,409 128,858,150 132,534,014 !37,689,286 142.912,363 Pension Benefit Obligation 128,911,401 437,299.424 $42,764,413 149,160,519 155,594,331 Percentage Funded 86.7% 77,4% 76.08% 76.67% 77.19% I _ Unfunded Pension Benefit Iff Obligation 1 3,840012 !6,440.974 110,230399 $11,471,233 112,681,968 ' Annual Covered Payroll 121,696,750 123,501,218 123,620,706 $26,353340 126,432,624 Unfunded Pension Benefit Obligation u a Percentage of Covered Payroll 17.5% 35.990 42.99. 43,5% 48,0% City Contribution to WAS If 1,146,207 $1,611,637 11,902,083 12,417,415 02,650,758 f Average City Rate 5.2% 6.9% 8.0% 9 2% 10.03% Firemen's Relief and Retirement Plan: i The City provides pension benefits for all Civil Service employees of the F`re Department through a defined contribution plan. The Board of Trustees of the Denton F remar,'s Relief and II Retirement Fund is the administrator for the pension plan, The Pension plan is not considered a part of the City of Denton entity. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings Fire employees are required to become a member , as a condition of employment. An employee becomes fully vested after 20 years of credited service. �1 City contributions for,and interest forfeited by, employees who leave employment before vesting are 1 redistributed to plan participants. The City's total Fire Department portion of payroll in fiscal year 1997 was $4,759,088, The City made the required contribution (9.0%for 1996 and 19971 amounting to $428,317. The covered employees made the required contribution (10eie for 1996 and 1997) amounting to $475,909. Both sources contributed $904,226 in total (7) DEFERRED COMPENSATION PLAN � r The City offers its employees a deterred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all permanent City employees, permits them to defer, until future years, up to 25% of annual gross earnings not to exceed $7,500, The deferred compensation i4 not available to employees unid termination, retirement, death, or unforeseeable emergency. All amounts of compensation deferred under the plan, all property and fights purchased with f those amounts, and all income attributable to those amounts, property, or rights are (until paid or 11 made available to the employee or other beneficiary) solely the property and rights of the City (without i being restricted to the provisions of benefits under the plan), subject only to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in an amount equal to the fair market value of the deferred account for each participant. Investments (primarily cash and cash equivalents) in the deterred compensation plan are recorded at market value. , to lig ��� 9 ' 32XIO 1 � ,A 0 41 < Y IL 'i Notes, City of Denton (Cantinued) 4 September 30, 1997 R F j It is the opinion of the City's legal counsel that the City has no liability for tosses under the t I' plan but does have the duty of due care that would be required of an ordinary prudent investor. The ,+ f management of the City believes that It is unlikely that it will use the assets to satisfy the claims of v 7 general creditors at this time. 181 SELF-INSURANCE PLAN ; y The City has established a self-insurance plan for workers'compensation benefits and general liability. Accrued claims payable Include provisions for claims reported and claims incurred but not f reported. The provisions for reported claims is determined by estimating the amount which will ultimately be paid each claimant. The provision for claims incurred but not yet reported is estimated based on the City's experience. The costs associated with the self-insurance plan are reported as interfund transactions, Accordingly, they are treated as operating revenues of the Internal Service Risk Retention Fund and operating expenditures (expenses) of the other funds. R" Workers' Compensation and General Liability Insurance t It is the policy of the City of Denton not to purchase commercial Insurance for Workers' Compensation claims. Commercial liability insurance coverage Is purchased for public officials,airport, emergency medical services, and after-school action site programs at Denis and Martin Luther I King, Jr. Recreation Centers. The City reports liabilities when it is probable that a We has occurred and the amount of that loss can be reasonably estimated. liabilities include an amount for claims that 1 have been Incurred but not reported. Because actual claims liabilities depend on such complex factors I as inflation, changes in legal doctrines and damage awards, the process used in computing claims liability does not necessarily result In an exact amount. Claims liabilities are reevaluated periodically to take into consideration settlement of claims, ' new claims and other factors. As of September 30, 1997, the estimated value of these liabilities was $1,005,927. Changes in balances of claims liabilities during fiscal year 1997 were as follows: 4 ,r r ^ I yr P I X 10 � .• r . � ,-ti'fr 'V4 ' ), s in --+s vt t :xarax�r Notes, City of Denton (Continued) I September 30, 1997 Claims Liability Claims and Claims Liability 4 Beginning of Change in Claims End of { Fiscal Year Estimates Payments Fiscal Year workers' i Compensation 1 1997 6 294,392 6 380,689 $369,154 s 305,927 , 1996 344,583 268,559 318,750 294,392 i i General Liability I 1997 62,220,000 40.232,254! 1287,746 3 700,000 1996 2,912,490 1281,5921 410,898 2,220,000 f , Employee Insurance 1997 s 11,100 $ 11,100 1996 11,100 11,100 1 ` 1 On September 30, 1997, the City of Denton held 64,117,797 in the Risk Retention Fund for I payment of claims. There were no significant reductions in insurance coverage from coverage in the prior year and the amount of settlements did not exceed insurance coverage in the current year or in any of the past three fiscal years, i (9) COMMITMENTS AND CONTINGENCIES Agreement with TMPA. I In 1978, the City, along with the cities of Bryan, Greenville and Garland, Texas (the 'Cities'( entered into a Power Sales Contract with the Texas Municipal Power Agency (TMPAI. TMPA was created through concurrent ordinances of the Cities and is governed by a Board of Directors consisting of eight members, two appointed by the governing body of each city. Under the terms of the agreement, TMPA agreed to construct or acquire electric generating plants to supply energy and power to the Cities for a period of not less than 35 years. The Cities In turn agreed to purchase all l _ future power and energy requirements in excess of the amounts generated by their systems from TMPA at prices Intended to cover operating casts and retirement of debt. In the event that revenues are insufficient to cover all costs and retire the outstanding debt, each of the Cities has guaranteed s a portion of the unpaid debt based, generally, upon its pro rata ehare of the energy delivered to consumers in the prior operating year. As of September 30, 1997,total TMPA debt outstanding was approximately 61,316,814,000 and the City's percentage Is approximately 21 %. In the opinion of management, the possibility of a material payment In the near future under this guarantee is remote in that TMPA is generating operating profits and assets exceed liabilities. . TMPA operates a 452 megawatt lignite fueled generating plant. In 1996, TMPA switched to an external source of lignite to reduce costs. Should TMPA be dissolved, each City would be entitled to an undivided interest In the properly. l 46 • III I 32x11 I. I J 1t [ V ' • A4 , Y + ol Notes, City of Denton (Continued) September 30. 1997 q ' Selected financial statement information of TMPA is as follows: 6 x` C September 30,_ r` (Unaudited) s 1997 1996 (000'x) (000's) Operating Revenues S 164,105 4 169,655 Operating Expenses 88,665 106,423 f' Operating Income (Loss) 75,440 83,232 Other Nono erstin 9 (Uses) (80,959) 182 4241 Current Assets 53,905 58,540 Total Assets 1,475,948 1,522,731 V. Long-Term Debt 1,316,814 1,301,205 Total Liabilities 1,444,469 1,485,896 Total Equity 31,479 38,835 r; 4. r lAgreement with the City of Dakaa- During 1985, the City entered into an agreement with the City of Galles which provides for E the purchase of a minimum of 500,000 galionslday of untreated water from the City of Dolls$ from l Lake Lewisville. This contract will be effective for 30 years. ttoabon Various claims and lawsuits are pending against the City. In the opinion of City management r and legal counsel, the potential losses after insurance coverage on all claims will not have a material effect on the City's financial position as of September 30, 1997, I •47• �i 25 32x � q 1 ay e 1 I r M1 i , I I , l , i Y r � i 1 r y1.; rr a � .• V .._.�.�.......w.wa,wr4uw�.r..n.,►.r.3ri+l+�rkuur.,..,w1.:_.. Notes, City of Denton 1Continuedl September 30, 1997 i 1101 SEGMENT INFORMATION FOR ENTERPRISE FUNDS f. Segment Information for the year ended September 30, 1997, was as follows: Utility System Solid Waste Fund Total {f Operating Revenues 1 97,333,768 $7,050,129 $104,383,895 ` 1 Depreciation 7,023,873 163,294 7,187,167 Operating Income 17,639,938 1,836,701 19,476,639 ! 1 pe 9 Operating n Transfers In a 9 Operating Transfers Out 3,937,209 $9,080 3,996,289 1 , Net Income 13,684.095 3,322,921 17,007,016 Current Capital Contrbutions: I • E I In aid of construction 1,732,289 1,732,289 1 + Accounts Receivable: ' Accounts receivable, gross 14,000,996 14,000.996 Allowance for uncollectibles 7,027,012 7,027,012 Accounts receivable, net, unrestricted 5,005,238 5,005,238 Accounts receivable, net, j restricted 1,968,748 1,968,746 , Property, Plant and Equipment I Additions 9,868,828 552,786 10,421,614 Total Assets 292,796,566 15,506,826 308.303,392 „ Net Working Capital 8,079,753 1,008,588 8,088,321 I, , Bonds Payable 83,890,001 8,456,616 92,346,617 Notes Payable 31,219,934 21,269 31,241,203 Total Equity 163,617,889 4,281,623 167,899,512 1, ' y 1 i 1 I r I� r i J+- f � r X Lt -- - 4 2.5 32XI0 II • r r r! 4 r ,r1 Vq r n �r.� 1 V °S r % l i i � A ni 1 „991 � 1 r ,i r 1,1 b}u , ,r Y, u ,. r .� •� r wi ✓a .1 a� aJ �• � r r ,� . , , 1 4 1 , c , r 7 J, n r. y I Notes, City of Denton (Continued) e r' September 30, 1997 1111 INDIVIDUAL FUND DISCLOSURES S Individual fund d'udowres as of and for the year ended September 30, 1997, are to follows: Interfund Receivables and Payebtee: ' 'a b Interfund interfund Advances to Advances from Fund Receivables PayaDles Other Funds Other Funds 4 General Fund 1 421,941 11,032,032 It $ ;, Special Revenue Funds: Community Development Hock Grant 690 E Racrudon Criminsr Justice Library 't Other 49,366 6,211 jc . Debt SarvlCe 2,05E ' + ) C Capital Project Funds: Airport Improvement a ; I Gensror Projects 276,000 134,971 Street knprovemeM Construction Protects r Other Capdal projects 577,450 144,744 Entarp6sa F%Ms ! Utility System 3191806 331,317 31761,764 3,000,000 t ” Solid Waste 5,640 62,095 781,764 t Internet Service Funds: Warehouse 9,532 143,026 S rt Fiat Services 3,366 k + MototPool 201,7)S r Risk Retention Trust and Agency Fundy. Expendable Trust Agency •Payroll r Total $1,960,464 $1,660,464 $3,761,754 $3,761,764 I t i* v t i ; II r •r � 3 r r r � r 1 � r i •4'• r I „I +t I I r r J . _. . �_., a'.:..�..�w:li++,..w�»M.PN.w'r.T,ww.w:ti.w:�...a:.1.4..-"�• � - Notes, City of Denton (Continued) ` September 30, 1997 i (12) CONTRIBUTED CAPITAL 3 byline i During fiscal year 1998.1997, contributed capital changed following amounts: 1 Enterprise Imemol Ill I Funds funds 111 Utility System Total Motor Pool le94rxfirty bshrxe • October 5 111,209,117 11,011,198 Contributions from customers 406,487 813,1154 Contributions from developers 1,325,802 oeprseistlon 0,116S.9241 137 5,09ti l 074,075,477 11,210,656 � ' l (1) The Working Capital Fund had no activity in contr,�)uted capital for the veer ended t September 30, 1997, 1 k 031 CLOSURE AND POSTCLOSURE CARE COST l L State and federal Irvs and regulations require the City to place a final cover on Its Mayhill Road landfill site upon cloture and to perform certain maintenance and monitoring functions at the tits for toirty years after closure. Although closure and postclosure care cotta will be paid only upon anticipated closure, the City reports a portion of these costs as an operating expense In each period based on landfill capacity used as of each balance sheet date. The $1,424,320 reported as landfill cloture and postclosure are liability at September 30, 1997, rep osenls the cumulative amount Incurred to date based on the use of 94.2% of the estimated eepaeity of the landfill, The City will recogni2a the remaining ettimated cost of closeri, and postclosure care of $87,196 as the remaining estimated capacity is filled: These amounts are based ;m what it would cost to perform all closure t and postclosure care in 1997. The City expects to use the remaining capacity in the landfill In the e year 1998. Actual cost may fluctuate due to inflation, changes In technology, or changes in regulations. I The Solid Waste fund has provided for a reserve of retained earnings of $650,975 at J September 30, 1997 end anticipates Increasing the reserve In future periods as the closure and 1 postclosure activities are carried out. ` r, • � I ! 4 l I, , I I . �.., '.,, r 1 ', v fA1 tti3 Y i,C .i + � � + ..i To cl Cnt 1iL1iiO iI �• � e r r i 1 , .. . t r , f � � r' : It Y , J f APPCNDM C &k, FORM OF BOND COINSECS OPIN10N 1 t I ` ' � � 1x 3 2 x lo , , Wina=an AN s tit l 4 r L'S1Wa'A LAN OI NCIS IMGCALL, PARKHURST a NORTON L.L.P. 600 CCNGPESS AVENUE 7.7 NOFTH HAPWOOD 700 N ST MARYS STREET 1250 ONE AMEPICAN CENTER NINTH FLOOR 1225 ONE RNERWALR PLACE AUSTIN. TEXAS 76701.32419 DALLAS TEXAS 7520185x7 SAN ANTONIO TEXAS 78205 3903 [ 11,`— ..I CiP Cea DO`. tntwowl "IS—Ill Tuneowa LO 7tete OO „ II[niw"l CIE"Ii OCP [wCll L. 15.921 I.Ceuiw[ 60279405" . CITY OF DENTON GENERAL OBLIGATION BOND,SERIES 1998 DATED APRIL 1, 1998, IN THE PRINCIPAL AMOUNT OF$9,660,000 ' AS BOND COUNSEL for the City of Denton, in Denton County, Texas (the "issuer"), we have examined into the legality and validity of the bond issue initially evidenced by the bond described above(the 1 "Initial Bond"), which Initial Bond originally has been issued and delivered as a single fully registered bond, without interest coupons,with the principal amount thereof payable in installments due on February 15 in each of the years 1999 through 2018, and with the unpaid balance of eacl: installment of principal,respectively, I bearing inletest from the date of the Initial Bond to the scheduled due date("maturity"),or to the date of pre• payment or redemption,of each instal Imenl of principal,at the fates per annum for each maturi ty set forth in the Initial Bond with interest,calculated on the basis of a 360-day year composed of twelve 30-day months,payable on February 15, 1999,and semiannually on each August 13 and February 15 thereafter,and with the then out- Standing prurcipal of the Initial Bond being aubjal to prepayment or redemption,as a whole,or In part,prior to scheduled maturi ty,at the option of the Issuer,on February 13,2008,or on any date whatsoever thereafter,in accordance with the Icrms and conditions stated on the face of the Initial Bond. The Initial Bond may,at the ' request of til registered owner, be lraasfcrrod and converted into,and/or exchanged for, fully registered bonds, without intcrcsl coupons,in the dcnamination of 55,000 or any integral multiple of 63,000, and such bonds again may be transferred and,'or exchanged,all subject to the conditions stated and in the manner provided the Ordinance authorizing the issuance of the Initial Bond (the"Bond Ordinance"),with any such bords which are rcgiatcIcEL authcnticaled,and delisered in accordance with the Bond Ordinance being hereinafter called"Dcfnm- ithc tionlds". %l HAVE EXAMINED the applicable and per it l previsions of the Cunstitutlon and laws of the State of Texas,and have examined and relied upon a IrarLSLTipt ofoatifed proceedings of the Issuer and other pertinent Ilk instrunmits futn shod by the Issuer relating to the authorization of the Initial Bond and Definitive Bands and the • issuance and dick-cry orthe tidal Bond,including the executed Initial Bond and a printed spaimen of the form The Ikinitive Bands initially m,,dc available by the Issuer for completion and exchange for the Initial Bond;and w:havr evaminod and relied upon the Issuer's Federal Tax Certificate,of even date herewith BASED ON SAID EXAMINATION,IT IS OUR OPINION that the Initial Bond and Definitive Bonds j have been duly authorized,and the initial Bond has ban duly Issued and delivered,all in accordance with law, and that,except as may be limited by law's applicable to the Issuer relating to bankruptcy,roorgartiation,and r other similar matters affccling creditors' rights, the Initial Bond constitutes and the Definitive Bonds will 0 constitule valid and legally bindr.Tg obligations of the Issuer;and that ad vslorem taxes sufficient to provide for the payment of the interest c n and pritrcipal of k tidal Bad and Dcfnnitive Bonds have been levied and pledged I rot such purpose,within the limit prescribed by law, 1 } at-I 3 2 X I O t .�, , y r r i y� ti , .�, f+ n y �, r 5 r: + 1 ',�v n i, �.�� BAS 91� � �� • f J}r , vu':,� •tr r1 't`' , r � `� ,r r1' r , v ' yr• •r� t. i e i I i , ♦ii u �j S '( � , r i , 1 r i 0 1t a i 1 , 'raja L I \ j r r a , . � ,' 4 t f i✓ F I 1 ` Y ' Y �� }:' ! .l1 '� +:' \wwwtd.a+.wvd+wkrL.v.M.M�wew..iM,lMMilw��...w+✓.. .J I . 1 1r , IN OUR OPINION,except as discussed below,the interest on the Initial Bond and the Definitive Bonds (collectively,the "Bonds")is excludable from the gross [no"or the owners for federal income tax purposes under the statutes,regulations,published rulings,and coW decisions existing on the dale of this opinion. We I ; are further of the opinion that the Bonds are not"private activity bonds" and that, accordingly,Interest on the Bonds will not be Includ l as an individual or corporate alternative minimum tar preference item under section 57(sX5)of the b dwW Revenue Code of 1986(the"Code"). In expressing the aforementioned opinions,we have relied on,and asunse compliance by the Issuer with,certain representations and covenants regarding the use and I ! investment of the proceeds of the Initial Bond. We call your attention to the fact that failure by the Issuer to comply with such representations and covenants may cause the interest on the Bonds to become includable in 4 ` gross income retroactively to the date of issuance of the Bonds. WE CALL YOUR ATTENTION TO THE FACT that the Laterest on tax-exempt obligations, such as t the Initial Bond and the Definitive Bonds, is(a)Included in a corporation's Oltemalive minimum taxable income ' E C fa purpose of detamining the altemative minimum tar and the environmental lax imposed on corporations by section 53 of the Code,(b)subject to the branch profits tax imposed on foreign corporations by section 884 of ' the Code,and(c)included in the passive investment Income of an S corporation and subject to the tax imposed ( i by section 1373 of the Code. EXCEPT AS STATED ABOVE, we express no opinion as to any federal, state, or local tax 1 consequences of acquiring,carrying,owning,o disposing of the Initial Bond and the Definitive Bonds. WE HAVE ACTED AS BOND COUNSEL for the Issuer for the sole purpose of rendering an opinion with raped to the kgality and validity of the bonds described above under the Constitution anal laws of the State of Texas,and with respect to the exemption of the interest of such bonds from federal income taxes,and for no other reason or purpose. We have not been requested to Investigate o venfy, and have not investigated or verified,any records,data,or other material relating to the financial condition or capabilities of the Issuer,and have not assumed any responsibility with respect thereto. We have relied solely on certificates executed by officials of the Issuer as to the current outstanding indcblodness and assessed valuation of taxable property of said Issues, Respectfully, i , ' I f ; 32X a , d , o V r aalan7Ya - MCCALL, PARKHURST a HORTON L L.P. 600 CONGRESS AVENUE 7o NORTH HARW000 700 N. ST MARYS STREET 1250 ONE AMERICAN CENTER NINTH FLOOR 1225 ONE RIVERwALK PLACE AUSTIN,TEXAS 70701-324A C)ALLA5, TEXAS 752016587 SAN ANTONIO TEXAS 76205-3503 11,11.1.1 151!1-81811 +a.v.o,a 24'5'0250 n,a.«o«t to ttetsco r.pu«na 1i..•vcnn I.r.U-R, NI Is-Y710 IKp«rya [iO V1.2�M CITY OF DENTON,TEXAS CERTIFICATE OF OBLIGATION, SERIES 1998 DATED APRIL 1, 1998,IN THE PRINCIPAL AMOUNT OF$5,625,000 AS BOND COUNSEL for the City of Denton, in Denton County, Texas (the "Issuer"), wro have examined into the legality and validity of the issue of Certificates of Obligation initially evidenced by the certificate described above (the "Initial Cer ificale"),which Initial Certificate originally has been issued and delivered as a single fully registered certificate,without interest coupons,with the principal amount thereof t payable in installments due on February 15 in each of the years 1999 through 2018,and with the unpaid balance ` of each installment of principal,mspeCtivey,boring intercst,calculated on the basis of a 360-day year composed of lwclve 30-do),months,from the date of the Initial Certificate to the scheduled due date("maturity")of each insudb:+cni of principal,at the rates per annum for each maturity, am forth in the Initial Certificate with interest Pay able on February 15, 1999,and semiannually on each August 15 and February 15 thereafter,and with the then outstanding principal of the Initial Certificate being sub�oel to prepayment or redemption,as a whole,or in part, prior to scheduled maturity, at the option of the Issuer, on February 13, 2009, of on any date whatsoever thcrcaprr,in accordance with the terms and conditions stated on the face of the Initial Certificale. The Initial Cali ficatc may,at the request of the registered owner,be transferred and converted into,and/or exchanged fa, ` fully Tcgistnod ccrtificalcs,without interest coupons,in the denomination of s5,000 or any integral multiple of I $3d00,and such cotificaws again may be transfcined"or exchanged, all subject to the conditions staled and in the manner pTavidcd in the Ordinance authorizing the issuance of the Initial Certificate (the "Certificate Ordmana"),with nip such ccrti ficates which arc registered,authenticated, and delivered in accordance with the ('crtificate Ordinance being hereinafter called"Definitive Certificates", WE IIA% E E'IIINED the applicable and pertinent provisions of the Constitution and laws of the Stale of Texas,and have examinod and relied upon a trarvcript of ootified procoodings of the Issuer and other pertinent instruments furnished by the Issuer relating to the authorization of the Initial Certifcale and Definitive Catirkaws and tic issuance and delivery of the Initial Cenificate, incluAing the executed Initial Certificate and I a printed specimen of the form for Definitive Certifica!es initially made available by the Issuer for completion and crchange for the Initial Certificate; and we have examined and relied upon the Issuer's Federal Tax Certificate,of eacn date herewith, IBASED ON SAID EXAMINATION,IT IS OUR OPINION that the Initial Certificate and Definitive Ccrlirleates have beets duly authorized and the Initial Certificate has been duly issued and delivered, all in i • • p acuwdanec with law,and that,except as maybe limited by laws relsling to bankruptcy,reorganlzalion, and other 4ad similar matters affocting crcdilors'rights,the covenants and sgramenu in the Certificate Ordinance catstilule valid and binding obligations of the Issuer, and oho Initial Certificate eonslitules and Definitive Certificates (collat�vely.the"Certificates")will constitute valid and legally binding obligations of the Issuer,which,together i 1 AM- 7�� # 32x ❑ . I , amaw - � YG •� I ' f 7 with the interest therms,and together with other parity obligations of the Issuer, are payable from and soured unit bed law,levied ore all taxable property within the Issuer, by(i)annual ad valorem taxes,within the I prescribed by and (ii) certain surplus revenues (riot to exceed$10,000 in aggregate smounq derived by the Issuer the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system,and electric light end power system),all as provided in the Certificate Ordinance, THE ISSUER has reservod the right to issue, in accordance with law, and in accordance with the Certificate Ordinance,other and additional obligations,and to enter into contracts,payable from ad valorem taxes mWor revenues of the City's Utility System,on a parity with,or with respect to said revenues,superior in lien Ir,this Certificate. IN OUR OPINION,except u discussed below,the interest on the Certificates is excludable from the gross income of the owners for federal income tar purposes under the slatutes,regulations,published rulings, and court decisions existing on the date of this opinion. We are further of the opinion that the Certificates are not"pdv'ate xti ity bomb"and that accordingly,interest on the Certificates will not be included as an individual or corpwate .ltemative minimum tax preference item under section 57(a)(5)of the Internal Revenue Code of 1986 (the "Code"), the aforementioned opinions,we have relied on,and assumecompliance by the Issuer with, certain representations.vd covenants regarding the use and investment of the proceeds of the r ccr ifmcatcs. We call your attention to the fact that failure by the Issuer to comply with such representations and co masts may cause the interest on the Certificates tobeconre includable in gross income retroactively to the date of issuance of the Ccrtif.atcs. WE CALL YOUR ATTENTION TO THE FACT that the interest on tax-exempt obligations.Such as the Ccrtif"tcs is(a)included in a corporation's alternative minimum taxable income for purposes of determining Ibc alternative minimum tau and the cnviiomnental tax imposed on corporations by section 55 of the Code,(b) subject to the branch profits tax Imposed on foreign corporations by section 884 of the Code, and(c) Included in the passive brvestrmeml income oran S corporation and subject to the lax imposed by section 1375 of the Codc EXCEPT AS STATED ABOVE,we express no opinion as to any other tax consequences of acquiring, carrying,owning, or disposing of the Certificates. WE HAVE ACTFD AS BOND COUNSEL for the Issuer for the sole purpose of rendering an opinion I with respect to the legality and validity of the Certificates described above under the Constitution and laws of the State of Texas,and with respect to the exemption of the interest on such Certificatcs from federal income taxes, and for no other reason or purpose, We have not been requested to invntigete a verify, and have riot ' unatigated or v'erifiod,any records,data,or other material relating to the financial condition or capabilities of ° Y the Issuer,or the adequacy of tax rolls,tax collections, or Utility System revenues of the Issuer,and have not assumed arty msponsibility with respect Qxselo. We have relied solely on certifxeles famished by the issuer with respect to the current outstandirtg indebtedness of,and assessed valuation of taxable property within,the Issuer. j Respectfully, f I z I 1 . 0 „ r :ems I x a 4 w , . .,. . .. _ .a,ivyux..., , . , . .. ... _ ...w,a,.:n,.-.,..-x.w� r•MMi411MIAP tinVc'r�K6�,5A?1�Pl,�Rt 1�r�,pik'•;. � 'Y'a.'w . Agenda No �_IGt2 Agenda. Item O r: Date e AGENDA INFORMATION SHEET AGENDA DATE: April 1, 1998 `a DEPARTMENT: Finance ' ACM: Kathy DuBose,ext. 8228 h SUBJEST ' A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OLIOATION BONDS; AND PROVIDINO AN EFFECTIVE DATE. BAC1SSROUND The City of Denton is currently In need of funding to proceed with the Linden Street Drainage Project and the Pecan Creek Drainage Project(see alluched memo). 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 S 110,000 of the General Fund unreserved fund balance to be reimbursed with proceeds from the sale of General Obligation bonds, The approvz of this redilulion will allow the project to progress yet do-s not require early issuance of dwr. PRIOR ACTION/REVIEW(CouDell, Boards, Commissions) 1996 Oversight Committee recommended approval at their March 25, 1998 meeting, FISCAL INFORAIAIION S I 10,000 from the General Fund unreserved fund balance will be reimbursed upon issuance of Gencral Obligation bonds; 1 Respectfully submitted; 'r 1., Kathy DuBose Assistant City Manager of Finance y. A � i4 i rr .osewr ^!ti r O j I` 5 1 [ 1 M 1 r ♦ w n w. .w www PT9NF,YYMrTn Y•N01�.>+M' W e w ..+ i RESOLUTION NO. s A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBL10ATION BONDS; 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 project described in Exhibit "A" hereto(the "Project'), which ,1 ,1 P P ' Exhibit A is attached hereto and made a art of this resolution for all purposes, prior to the I issuance of obligations to finance the Project "Pecan Creek Drainage and Linden Street Drainage;"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 v4th 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: SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to$110,000 for the purpose of paying the costs for the costs of the Project,as set forth In the attached Exhibit"Ar" SECT'(ON 11,11, 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 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such ^ expenditures were made, is placed in service. SECTION III♦ That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SEC r1S1N 1V• That this resolution shall become effective Immediately upon its passage j. • and approval i 0 • s{ PA1zSF.D AND APPROVED this the__day of 11998. JACK MILLER,MAYOR W 2 ?�y Q 32X10 r - : \� !, �:n � �1'!f[�• 7, , s y, Y y �l v h + I '. a "A� J r'C r l ..• .f r t � t e t , t � e' ! �,• � r !y M I r , •I r , , r 0 I ' I n Y g +t F Y 4Y 1 P �� ' ! y tee .t 1 �•, •` r 1 1 , a.F!�.'. .1�...v. ._.. ._ .....rn u•.N.r..... + r, .a , ..,r.•.4rwvitiMtM,Mn+..s. olgwv .. �.ra ro., i r '. ATTEST: NIL JENNIFER WALTERS,CITY SECRETARY ; BY:_ APPROVED AS TO LEGAL FORM! HERBERT L, PROUTY,CITY ATTORNEY BY: Ul , I • i. j 1'�'�ddepif0.•pt Qt iulm`4leulNlulll'OIrtImlu,nlnM,ll,b�lullm PhY.CIeY AMyI h� { , r r I � 1 i r r t 32 x �I� r r r S k r • , ��� �f '� ..,' �, r �:,n. ��'� ., t :! . �(. I i r i ' yy/,2 �y � Pi's i irk ��`�� � 1 c.... � 1� ` t r i S r i r �� r ^ � 4'•I f � r 1 ryi X t r ., .. .• I a i 4'{ EXHIBIT A ;. . }; Project Cost ; Linden Street Drainage Project 8 90,000 ` r Pe-en Creek Drainage Project $ _20,000 Total $ 110,000 C f i } f rti � r r � r f i MONISM CITY OFDENTONo TEXAS uEE.edctsln�rJ:k+srtD�ntvn..Ie>,��_T502L1i1o).��9�I.�0i-- office of the city Manager MEMORANDUM DATE: April 3, 1998 T0: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: OVERSIGHT COMMITTEE RECOMMENDATIONS On March 251h the Oversight Committee met to discuss several projects. The projects fell Into two categories: drainage and streets. I've attached a copy of the backup and the draft minutes from the meeting, There were three drainage projects that the Committee recommended to you. The first of these Is a change in the project called the Carroll/Crescent project. Initially, we had Intended to enlarge the crossing of north Pecan Creek at Carroll Boulevard and at Crescent Street. After some initial study, staff recommended that the money could be spent more effrclently at the crossings on Crescent Street and on a crossing further to the south at Congress. The second project is a joint project with the school district on Linden Street, Council may remember that you just recently abandoned Linden. This 1 project would be a joint pipeline from Fulton and Linden east along the abandoned part of the street to the existing channel. The third project Is for some additional funding to help vs secure 404 permits on the main channel of Pecan Street from Woodrow lane to Sycamore. The Council may recall that the Corps just recently changed the rules necessitating further permitting requirements. The two road projects are also joint pfojt cts. The first of these is a joint developer/city project. It would extend Windrlver Boulevard from a point near Teasley and Lillian Miller to the 1-35E frontage road. That will Culp to relieve traffic at the 1.351Loop 288 Intersection for anyone using Southridge Center. The second project would also be connected to the 1-351Loop 288 intersection. This would allocate funding to help us do a is y the environmental assessment and to begin the schematic designs or ramp changes near Loop 28N. This project will have to be done in conjunction with TXDOT and C00. oil" 32 X °f�•�r+b�fd��Yalrfy.S•mHO C t 1 V", Y 1 { n 1 "Y r f n r 1"ei 1 J ♦ v , v 4 '� v 4 •' Y"t ?; rk� lfi r, r^�1 '�I '° e Fir A� 1 „ c �, .. s Fr, t , 1,• { 1% tF ,,,.r� ,R� .�, lk e f, kf t,,i' i �i l � . , i i �' e , � r � r r � 47? }",t ! r. a. •14 . r, ,' " ' •' ` i fir, l airwe� " ` a r �'' • k 7 0 i eYS • Y' I I A • � 1 IJ RADea® ' r .r P w. Y• A '. I , r 1 • 1 . 1 1 i4 i p r „ti.,.:.w. . ..r:.;wwr'±warsµ..•,.a.::, '.e' . ..,..w•.wCi'ellw+nr'rk7'•.W-,,.:+irMM:IXi?�4'MW� �MiY:rAl�C'Wrrt ,. Af;E'tl ► r'.u.yat , Y, > Memo to Mayor and Council Members a Aphl 3, 11998 ( , Page 2 j r nr The funding for the road projects would come from the bonds that will be sold for the Masch Branch Road project out near the Airport. This project will be used as our 10% '<W match to the FAA extension of the runway. FAA has advised the airport staff that they t won't be ready for this project for at least one year. So staff recommended that we use 1 ` this money now and then replace it with miscellaneous street funds from next years t "r sale. The Oversight Committee agreed and makes that recommendation to you. The drainage projects were also recommended to be financed from miscellaneous drainage ; bond money from next year's bond sale. However, in this case we don't have any extra + f, h> drainage bond funds available now. Therefore, we must do a reimbursement resolution In order to fund these improvements now. Again, the Oversight Committee recommended these pwjects and the financing mechanisms. The Finance Department has submitted the resolution on this some agenda. �. As you can see from the minutes, the Oversight Committee unanimously recommend-,; g; all of the projects to you. They felt that each of them makes the money go further .Id j helps us to build improvements that will eliminate hazards and congestion. If any or you have questions, please call me at your convenience. r 'r Rick vehla Deputy City Manager - � 1 RS,af Attachments CC April 7 Overelghl Recommendations t ez � I Y r �tl,� •4 Y f tit 91r► I i ' �,'� l , r 32 X F 1 . 5r ,, O 1 Agenda No Agenda Item Data AGENDA INFORMATION SHEET AGENDA DAZE: April 7, 1998 f DEPARTMENT: Planning Department ` DCM: Rick Svehla 349-7715 SUBJECT—Annexation Request(A—76)) Receive a report,hold a discussion, give direction to staff,and consider approval of a schedule of public hearings with regard to the proposed annexation of a 30.32 acre tract located north of Highway 77, near its intersection with 1-35. I BACKGROUND The Rancho Vista Development Company proposes to develop its site at the northeast comer of the intersection of Highway 77 and I-35 in northwest Denton to accommodate commercial development consistent with an approved General Development Plan. Within the city and adjacent to the proposed annexation, the applicant owns 20.060 acres within a Commercial (C) zoning district and 11.484 acres within an Agricultural (A) zoning district. A portion of the area within the City has an approved preliminary plat,the FUF Addition. In accordance with the City's annexation policy plan, approved June, 1993,the City will "assess on a case by case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant developments are proposed." Staff has conducted a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. The preliminary assessment is included as attachment 4. A proposed schedule for public hearings consistent with the requirements of State taw is included as attachment S. An Annexation Study and Service Plan will be prepared for Council and public review during the annexation process The capacity of infrastructure such as water, wastewater, streets and electric service and such service capacities as police, fire, recreation, and general government will be evaluated with respect to the proposed annexation. PRIOR ACTION 1 REVIEW Wounell.Boards,Commisstoes] The Development Review Committee has reviewed the annexation request and identified water scnicc as the primary issue to be resolved. The Trinity Water Line from Denton to Sanger is the likely source of water on the site. i I , %32 X I O , xaegNfA Al FISCAL INFORMATION The developer will be required to make public improvements on this site at the time of final plat N'-proval, including water and wastewater line extensions, drainage system improvements, the dedication of road right-of--way,access and public street improvements, including sidewalks, and public utility easements. Development will result in increased public revenues and public costs. f 4 Most public service entities are directly or indirectly affected by development. It is relatively easy to estims'e the anticipated public revenue from a development,but for small developments it is very difficult to estimate the incremental cost of public services because existing excess ' capacity must be evaluated to determine incremental costs. As well, an analysis of average service costs may not accurately reflect incremental cost of services. , ATTACHMENTS I`c�ts L Location Map. 2. Site Map. t 3. City Boundary Map. 4. Preliminary Annexation Assessment. 5. Proposed Annexation Schedule. Respectfully s mi vid H n Director of Planning and Development I Pre ared by: Mark Donaldson Assistant Director,Planning and Development 40 i 3. ( ah f+e'r I'll W, I C or,g+vnLA ,IIF""Rmv 4n I rVn /,A 2 'r } ' '� • r , r � r _ r t yl Attachment 1 Location Map NORTH I+ ,.I ' h. ' a , I } All Loop tea f i,I J 3. 32 x � d �I JiY1G'FIS v v � - s v r ATTACHMENT 2 w�arinr xcmur x Lo i `8 if MAR 10 199A Wu ff1 a IVA� I" ANNEXATION 30.320 ACRES Q ..I 1. EXHIBIT "A" covm.raw �»�... ..�.t1Y .•10.117■IdL J loop P;a11W 00PR.06110:M 01 P M -0 fl I n ? � � 32 x ❑ 'a�� �z i� �y� r1 i ' S� � _ • � n 1 t . • Attachment 3 City Boundary Map kk t j I 1 cirr ►NiTs I I , —j _ dftb 10 32 i 5. 1 ^ V 1 Y « I 1 1 C r it 1 i .l . ..«. ... - .«.-.. .r 4nC10 J4NV 1�141MT'11;tM4w,.iRl'•4Pti1V.'+.\Y'MN� — r n. ATTACHMENT 4 s PRELIMINARY ANNEXATION ASSESMENT A - 78 RANCHO VISTA ' Owner Information: Rancho Vista Development Company 500 Thanksgiving Tower, 1601 Elm Street Dallas, TX 75201 Developer Information: Same located northeast of the intersection of Highway i Location and Size: 30.32 acres �9 Y 77 and Interstate 35 in Denton's nortliwest extraterritorial jurisdiction (ETJ). Existing Land Use: Open agricultural land used for cattle grazing. } Surrounding Land Use: East: Undeveloped land in the City zoned Agricultural (A) t„ West: Undeveloped land in the City zoned Agricultural (A) and Commercial (C) North: Undeveloped land in the ETJ South:Undeveloped land In the City zoned Commercial (C) Proposed Development: Commercial development consistent with an approved General Development Plan (GDP) Analysis: o The subject property Is within an area Identified in the Denton Development Plan as an Urban Center. Annexation of the subject property is consistent with the Denton Development Plan. a The subject property is adjacent to the City boundary on three sides. Annexation of the subject property will simplify the City's boundary. " o Development In the area Is imminent. As development occurs It should be within the City's growth management Jurisdiction. + S , ' 1 I i ( 4i ll,'m l n f f Rn bnn lr1111 Rnur 6n I InI dor 25 10 2X I 1 l ' I 1.- I 1 • u r O i Y ATTACHMENT 5 PROPOSED ANNEXATION SCHEDULE A- 76 { RANCHO VISTA April 7, 1998 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. ❑ Preliminary Annexafion Assessment prepared. April 9, 1998 Notice published in Denton Record-Chron lcle for first public p hearing. ❑ Annexation Study prepared and available for public review. ^c ❑ Service Plan prepared and available for public review. J April 21, 1998 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. April 26, 1998 Notice published in Denton Record-Chronlcle for second public hearing. May 12, 1998 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public healing. May 27, 1998 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. Public notice must be no less than 10 days before public hearing. June 2, 1998 City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public , hearing but less than 40 days from the first public hearing. I June 7, 1998 Publication of annexation ordinance in Denton Record-Chronicle. July 21, 1998 City Council by a four-fifths vote takes final action, Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings. 7. ? hA7 32X10 t . r • � . l 'j /i5 I �, 6 '- f .!; s y Q , k N Z .CI J rc bV b 1 ,! �(":• �� s H4 s � I y:r ,9a 1. A ePi�.: ji v r � P ti i ~ x a P9:NMtl,ar.rMVas�ds^ m.... w ,. eWas srrrr,. .a.,.,Mat,Y.vaL!MSC i c?YV6CN .! kgr4ts No ' Aganda Item r� ' CITY OF DENTON, TEXAS MUNICIPALBUILDINO • DEWON, TEXAS 78201 • TELEPHONE 817,5664" Of"of the City Secretary r, �;,• MFMORANDUM r 4 DATE: March 31, 1498 TO: Mayor and Members of the City Council FROM: Jennifer Walters,City Secretary SUBJECT. Board'Commission Appointments ,fit,` The following is a list of current Board/Commission vacanciestnominations: ` Council Member Young has nominated Maynell Shephard to the Human Services Commitlec. Mark Osborne has resigned from the Keep Denton Beautiful Board. This is a nomination for Counci l Member Dun ance, Brent Thornton has moved from the City of Denton and is no longer eligible to serve on the Sign Board of Appeals. This is a nomination for Council Member Beasley. If you require any further information,please let me know. J,�nc��n�i t Walter _ 1 "t!3 ccrelary y j ACC0WF4 t i 'Dedicated to Quality Sei iv" lj 25 x ❑ 32x � � r -F r tiA, " a L c i.. • i+, ! f'T` w r '- � F 'iii l 1 1k:y;+r: ,FI`J her ' e 8 n 'r S of AN d, A 1, 1 ♦ 1'a k Y ??,4� Landscape Ordinance Fv i•f f '. 4 ' } } 7 r : n r I ,f '.: r�J K� tai x( fr a'�T ^ ' r i ��{ vn" vi,"°r' °A I k � a ^ � r:• I � + , ail �� � ..'i h r, ' ♦ : xi DID k'. II ? � �TJi f7. :� eti - Pr �4 i � L r ,. f �� ��J 9r r 164! ! N✓ �r�rl I + , a TO rt �+ q. `ty Ca y S rr p° D9Y fWt D�O�fnenFrt ► •t "y ti T ,. Subject 1.Am Landscape Ordinance k I + t N Ir1fMrrigUM L " { ., -. � ' -,! . . c'-,"r� .r -i. 4✓�.�r r"+ '+' ��: '� . .iti � Sera 'j ky,,.fi� ' As noted In ft City Cofnas Aperda Information sheet derNemd on Aprt e.I M.& hfiicated they a +� twohAd have additional idorrrtation to provide today. khciuded In the atla<ihed peckape le + w + M ++r.� Amended Table of Conlon ts -11t °: lr ° 1 ,1 r •? i SECTION 4 Amended Agenda Informaton c heA Plus ehdhtb Payee 4 4` r f 8 SOT" ;p^; " Ndwtrial Nbtn)plex ReglArenhents Table Pape 4 Please bvWllOnnd replaoe any Inform Pion in these sections%,M the revised materiels provided. We vologtft for Y^o delay In reWA 1p th InbruMon to you, X! Arr+ L ^ y i f Y I ' e Q%Doaxns*ts dlr*p Ordnrha=41 Dwel/1111111dw CW'Af Mwo dx S� y f { MAL 1 ' a •9 ]� • f � 1� f � airs , O .dlawL'Aa I "AMENDED" TABLE OF CONTENTS SECTION 1 "AMENDED"AGENDA INFORMATION SHEET {Rev.416) Page 1.7 Standard Industrial Specification Manual (Added 416) Page 8.17 SECTION 2 Draft interim Landscape Ordinance Page 140 SECTION 3 Specific Excluded Area Maps Papa 1 Amended Dar,ion Central Business District Map Page 2 Fry Street DevetcomenlCorporation Boundary Page 3 Denton Municipal Airport Boundary Page 4 SECTION 4 40 Trees per Acre Example Texas Women's University Site Map Page 1 Texas Women's University Aerial Photo Pape 2 SECTION 5 Matroplex Industrial Sites Page 1 Brinkman/Waters Ridge Business Park Page 2 Mb DesignrParkwest Page 3 The Container StoreNalwood Page 4 Excel Logis6cs/7exas InstrumentslAlliance Gateway Page 54 Tech Data CorporationlAiliance Gateway Page 7 James River 6 NokiarAlliance Gateway Page 8 SECTION 6 Industrlal Metroplex Requirements (Added 416) Page 1 SECTION 7 Trammell Crow Company Inlormation Analysis of Tram me l•Crow Proposal Page 1-6 SPSD,Inc,Proposal Letter for Trammell Crow Company Page 7.9 Stall Comments on United Copper Site1FAX from SPSD Page 10 United Copper SiWFAX from SPSD Page 11.15 SECTION 6 Metroplex Landscape Plans Tabw Page 1 Exxon at Flower Mound Page 2 Columbia Medical Center at Flower Mound Page 3 Cracker Barrel at Benbrook Page 4 Padgett Place at Arlington Page 5 Medlin Addition at Arlington Page 6 1 Las Colinas Corporate Center at Irving Pepe 7 * ' Granite Plaza at Irving Page 8 f Blockbuster Distribution Center at McKinney Page 9 • Tom Thumb Center at McK nney Page 10 EDS Client Server at Allen Page 11 1 SEr.T''?N 9 City of Denton Landscape Projects Page 1 Oak Park Village Page 2.3 Denton Lincoln Mercury Page d•5 } r Alberlson's at University Page 8 8 Fair Oaks page 1 • i Fair Oaks Pays 10 p � s United Copper with Artificial Lot Line Page 11 Typical Single Family Lots page 12 Typical Commercial Office Corner Page 13 C,Wy DoeumeMIANI eupe CfdnanostCC 4-7 DOCIhTABLE Of CONTENTS doc i 10 32x ," Y0, i� , � l� ILI 0 '(1 4 1' SECTION 10 Open Space and Tree Comparison Tables Open Space to Tree Quantity Comparisons Page 1 Open Spare to Tree Quantity Comparison Table Page 2 Tree to Open Space Relics Comparison by Projects Table Page 3 Tree and lot Area Analysis Table Page 4 SECTION 11 Ordinance Comparison Tables Landscape Ordinance Comparison Table Page 1-3 Current versus Proposed Ordinances Taofe Page 4 1 SECTION 12 Lot Grading and Drainage Plana Memo Page 1 SECTION 13 Vegetation Information Vegetational Areas of Denton Map and Vegetation Page 1-5 r F ' TAES Tree Planting and Care Page 6-IS Big Tree Registry Page 19-33 Urban Forest Determination Page 34 SECTION 14 General Soil Map of Denton Page 1 SECTION 15 PublIcComments Page 137 _ SECTION 18 Planning Advisory Service Report Page 1.50 SECTION 17 NCTCOG10ptions for Managing the Urban Forest Page 14 SECTION 18 Landscape Ordinance Examples Ft.Collins, Colorado Ordinance Page 1.96 Dallas Ordinance Page V-51 Benbrook Ordinance Page 52.63 Garland Ordinance Page 64-92 Irving Ordinance Psgs 93.105 Plano Ordinance Page 108.130 McKinney Ordinance Pape 131.135 Flower Mound Ordinance Page 134.145 4 Artinglon Ordinance Paps 148-188 I SECTION 19 melds ' 'Ak gets an F' Page 1 'State may miss etean air deadline' Page 2 iM Changes In landscaping plan are denounced Pegs 'Landscaping Law Approved' Paps 4 , • � � O f C:W1y ppgmkrdeLLardenpe Orc'norialG;4i DOCSIIABLE OF CfiREM1 N� , , �. .. 5xI0 32xIO i 0 • . i i I1 i z S ' f "AMENDED"AGENDA INFORMATION SHEET f � 1 AGENDA DATE: April 7th,1998 DEPARTMENT: Planning&Development CM/DCM/ACM.- Rick Svehla E Hold SUBJECT pblic hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation of the Code of Ordinances of the City of Denton relating to the Draft Interim Landscape Ordinance; providing criminal penalty in an amount not to exceed $500,00 for each violation thereof;providing a civil penalty in an amount not to exceed$1,000.00 for each day of violation thereof;providing a severability date;providing a savings clause; and providing an effective dale. BACKGROUNs? As a result of the March 242, 1998 work session,City Council members approved the following additions and changes and regt ested staff make additional revisions to the draft landscape ordinance. LThcse changes have been made to the draft landscape ordinance and include: L Add to See.31-NI)Exclusions: The Denton Municipal Airport and the Fry Street Development Corporation Boundary are exempt from provisions of this ordinance, 2. Add to See.31.7(1)2: Altemative shrub spacing may be used,with approval of the Development Review Committee,when it can be shown that the selected shrub species growth pattem differs significantly from the spacing requirements of this ordinance. 3. Revise Sec.3t-7(3)Specific Landscape Area Requirements,as follows: Plant materials,walls, i or fences may be used within required yards, as specified in Section 35.91 of the City Code, to ` buffer adjacent land uses. Trees or plants used in required yards may be used to demonstrate compliance with other sections in this articles 4. Change to Sec.31.15 Selected Species List: Designate the following trees as Street Trees: i I 4 a Accent Tree Designation: Common Persimmon, Texas Persimmon, and Texas Red Oak a Primary Tree Designation: Sawlooth Oak, Lacey Oak, Bur Oak, Bald Cypress, and Lacebark Elm l City Council also requested the following additional revisions be made to the ordinance: I t,70y DocumenttUndscaps Ordinance CD 4.7 MCSWS AMENDED.doc BEOTIC Y I Pag• 7 I ,• � a 5 K 32XId ; i Reduction of the tree requirement to 15 trees per acre,or 1 tree fur every 2,904 SF of lot area. i ■ Exclusions(Sec.]1.5(1)),CBD(mended Map Area,should only be exempt from new planting requirements. ■ Amend the CBD Map by deleting the area between Hickory and West Prairi and Elm and Cetroll so that this area is required to conform with all the provisions of this ordinance, ■ Amend the CBD Map by deleting the area behveen Locust and Nortkt Elm and between University and College so that this area is required to conform with all the provisions of this ordinance. New Information: At a meeting, held April 2"a, 1998, at the Chamber of Commerce, members of the development community shared concern regarding the effect the draft ordiname has on industrial manufacturing and distribution projects, and that the ordinance needs to require underground Irrigation. This meeting was attended by approximately 15 people from the business community or their representatives, Including Chamber of Commerce employees,plus city staff and two City Council Members. Issue 1: Industrial Projects Planning staff has prepared tree requirement options regarding Industrial manufacturing and distribution projects for the City Council's review, if they should decide that these types of industrial projects require amended landscaping provisions. The nature of an Industrial projects structure coverage is that they often utilize greater quantities of Site area for U,elr structures. In some cases, these uses may be allowed to cover up to 65 percent of their site in enclused structure alone, with an additional 15 percent of the site area In parking or vehicular surface area (1 space per 1000 SF of structure plus loading spaces). If the projed chooses to utilize structured parking, then 80 percent of the site area may be covered in Impervious surfaces (structured parking plus the main industrial structure). Although this is not always the case, most Industrial projects may cover at least 60 percent of the site in structure, This Is the average coverage for this type of structure, In the following table, staff has attempted to provide the City Council with a variety of options,should they decide this is a hardship for these particular Industrial uses. Staff has provided a table that describes an option, the effect this option will have, and provided ordinance language should any of these options be amenable to the Cry Council 1n all cases, the uses staff feels fd this category of coverage are 07ktly ttra following. manufacturing and distribution, storage and warehousing associated with those uses, I.'ntor freight transportation and warehousing, and lerminal and joint maintenance facilities for motes freight transportation. An exhibit (Section 1, Pages 8 to 17) Is attached from the Standard Industrial Classification Manual,which descAes those uses staff feels apply to this provision . should the Council take action In this direction. Issue I•e: Definitions If the City Council chooses to change the provisions of the ordinance to anything other than 15 treas per gross acre for industrial projects, than the following definition Is Suggested for Inclusion In the ordinance: Add: ; , t�jDJwbfa Propertla: Properties developed with land uses descn'bed in the 1987 STANDARD 1NDUSJM4 Q • CIASSIF/CATION MANUAL published by the Execuihre Office of the Presldenf, Oft@ of Management and Budgef, within the foNowing cafegodosl: Manufacfurfng (DWSIon D)Of Terminal and Joint Terminal Maintenance Facilifhs for Motor Freight TranaporleUon (Division E,Mafor Group 42, Industry Group No. 423), WMy ooturnents1brbfnpe tkdinana CC 4-7 DOCSVUS AMENDED,doc SECTION I Page 2 � 34XIQ n r ssxsanar ,, , 1D ,rte Issue 1•b: Trees If City Council chooses to further reduce the quantity of trees required for certain industrlal projects,staff recommends Option q3. This option excludes 30 percent of the gross site area from calculation of the tree requirement at 15 trees per acre. This results in 10.5 trees per gross acre. Staff suggests that this reduction mainlaim the viability of the urban forest for this small percentage of projects and should be considered a minimum. It also gives these projects an allowance by reducing the tree requirement significantly since the cumulat�ie reduction would be 9.5 trees per acre since City Council's March 24'", 1998 Work Session � where they reduced the trees per acre from 20 to 15. Tree Options for industrial e Option Opton Effect Ordinance Language 1 z k4: 1. Require 15 trees per No change. No change. acre on the overall gross City Council reduced the site acreage. tree requirement on 3124198 from 20 to 15 trees per acre, Options 2.8 are based on excluding percentages of the gross site eras end maintaining 15 Ines pat acre as tho tree requirement on the resulting not mace. 1. 2. Exclude 20 percent of Results In: 12 Trees per Ad to Sec 31.8111 a, Tre&a: Industrial property the gross site area from Gross Acre shall provide frees of a ralio of fifteen(15) Imes per calculation of the tree acre(43,560 square feep, or one(1) Irca per 2,904 requirement.Tree square feel ofnel lot area cekulated at 80 percent calculation 15 Trees of fhe gross lol area or exclusion of the mein times 0.8 Acres. enclosed structure ground fkor area from the gross lot area, whlche ver is less. 3. Staff Recommendation Results In 10,5 Trees Add to Sec 3 f•6 f})&. Tr&os:hOd-F&W p(Opg Exclude 30 percent of per Gross Acre 1 shelf provide frees of a ratio of'RRden,(!5)tidY j .r the grog$Site area from , acre(43,560 square leap clods/ff}Lit j3t 1 catculatlon of the tree Gcr t tree ce square feel otnet lot lculefsd requirement.Tree c,, r � of the gross lo(area or exch)sloo Ol calculation IS Tre es enclosed structure ground ricer efab times 0.7 Acres. t s'y, 4 , lot area,whhkhever IS less- Exclude 40 percent of Results in: 9Trovesper Add toS cc,3f•6f}le• F"em IndustAelpropeM the gross site area from Gross Acre shag provide trees of a retio of fifteen(f 5) Imes per calculation of the bee acre(43,560 square Jeep, or one(1)tree per 2,904 requirement.Tree square feet ofnef for ame cekulated of 60 percent calculation 15 Trees of the gross lot area or exclusion of the mein times 0,8 Acres. enclosed structure ground floor area from the gross lot area,whichever Is less. 5. Exclude 50 percent of Results in: 7.5 Trees per Add to Sec.3}•s I}l&. Trees:IndustriM property the gross ails area from Gross Acre shag provldo Ire es of a ratio of fifteen(15)CMS Yr, calculation of the tree acre(43,560 square loop,or One(}J fM pe)2 1 require ment.Tree square feet of net let area cekulated of 60 pe,;cf calculation IS Trees of the gross let area or exdusbn of"male' Janes 0.5 Aces. encksed strrcYure Around floor ere$howl t✓i�QNSa !. kf area,whkheverls less. �_.,-�' ,4,'• , S. Exclude 60 percent of Results In: 8 Trees per Add ro Sea 3}•e ffl s. They Industrial properly Q 0 the gross site area from Gross Ave shag provide trees of a ratio of fineen(15)rites per calculation of the tree acre(43,560 square feet),or one(1)bee Per 2,904 y requirement.Tree square feet anal IM area cekulated el 40 pomOnl calculation 15 Trees of the grass bf area or exclusion of the mafn times 0.4 Acres. enclosed Owdure pround Boor&roe hem MO gross V$roe,whichever Is less. C:Wy Documents"ndscaps Ord narw*CC 4.7 000SWS AMErDEC doc SECTION I Page 9 risdm r, � �� 32xi ❑ aress:�?a , c i ` 7. Exclude 65 percent of Results in: 525 Trees Ash1 L,S!` 11.8 N7 a. fndusMaf property f\ the gross site area from per Gross Acre shop provide frees 91 a ratio of fifteen(15J fneesper calculation of the tree acre(43,560 square feet),or one(1)free per 2,004 requirement.Tree square feet of net kf area cakufeted at 35 percent calculation 15 Trees of the gross lot area or exclusion of the main gmes 0.35 Acres. enclosed sfructure ground boor area from the Dross lot area,whichever is less. 8. Exclude 80 percent of Results In: 3 Trees per Add to Sec 31.8 Ia a. £rill:Industrial property the gross site area from Gross Acre shag provide trees m a ratio o(fiffeen(15)(root per calculation of the tree acre(43,560 square lcel),Of one(1)free per 2,004 requiren ant.Tree square fect er ref lot area calculated of 20 percent calculation 15 Trees of the gross kf area or exclusion of the mein times 023 Acres. enclosed structure ground door area from the gross lot area,whichever is less. Opllon 9 Is based on excluding the main structure from the gross site area and rttalntalnlnp 18 tread pat acre as the trot re0utremenl on the resulting net aeruga. V. Allow the main enclosed Results In: 3 Trees per Add to See 31.6(1)il Trees:industrial property structure to be excluded Gross Acre shall provide frees at a to of them(15) trees per from calculation of tha acre(43,560 square feet), or one(1)free per 2,004 tree requirement. The Percentage of enclosed square feel olnet rot area calculated by excludov tree requirement is then structure coverage is the main enclosed structure from the gross kt Brea. applied to the net indicated below with the acreage at 15 trees per result In trees per acre. acre, This Indicates the possible tree requirement •This option allows range that would result variation on the tree by using this option. result because the Basically,a very broad / structure may cover up range of 3 to 12 trees per to 80 percent of the site acre. There Is no when covered parking Is guaranteed Lee per acre provided Stan has rate with this option, calculated that the other than the minimum , maximum structure for at 3 trees per acre, this type of use is aoproximalely 65 20%= 12 Trees 1 Acre percent of the site when 30% = 10 5 Trees I Acre outdoor parking Is 40% =9 Trees I Act s provided for This use. 50% =7.5 Trees 1 Acre Therefore,the quantity of 60% =6 Trees/Acre trees required vanes 6591=5 25 Trees I Acre dramatically. 70%.=4 5 Trees 1 Acre 75%=3,75 Traes I Acre 80% 13 Trees IAcre Q 10. Use the equivalent of the Results In: 8,6 Trees per Add to Sac.31.8!11 e. Trees:Industrfef propery 'cumenr ordinance's tree Gross Acre shah provide frees of a rat o 0/8.8 Lees per Icr1 requlrem ln;for these (43,560 square li or one(1)free par 6,086 irduslr al uses,based on square fe6t of gross k(area. C,e United Copper facilities tree requirement of 283 trees on 32.99 t ALBS. C.W y DocurrentmLandsc"Ordlnance',CC 4 7 DOCSAiS WENDED.doc SECTION I Papa 4 � 'a 32XIEl 14 Fir 4 'J ill r .. • I , I waswe r - 0 1 C. Issue 2: Irrigation The business and development members present at the Chamber of Commerce meeting felt sh'ongly that automatic kvlgatlon should be required for landscaping, Staff suggests the fol'owing language of this section, should the City Council choose to amend k. Replace: Sec.31-8(21 1"1 scion,with: Irrigation is not required to demonstrate compliance with the requirements of this chapter ter ind vidual single-family residences, Single-family residential planned developments wfth mrimunal open space within ?fanned davnfopment or single-family subdivisions with communal open space malnfat•,ed by CC&R's cr a homeowner's association are required to provide underground eufo• atic irrigation. All 'ises, other than individual sfngledemily reskfences, are requfred to provide underground cutomatfc irrigation In all planting areas. Aress within the property that are fell in undisturbed native habitats are not required to provide automatic Irrigation. Irrigation is required to cover planted areas within the rights-of- way a ijacent to the property. Proper watering is crilicei to plant survival, particularly during the first three years after free or plant Installation. With the exception of Individual single- family residences, frees or plants required as part of an approved Landscape Plan, must be rn;taced if they become diseased,damaged, or die. Undar)round irrigation shall meet the following criteria: a. rnfgallon must meet water conservation methods as established for irrigation systems and must use: (1) Aidomatic Irrigation control boxes that are programmable for seasonable weather conditions. (2) Sensors that shut off system irrigation during rain and freeze events. (3) Low precipitation, water conserving irrigation heads in lawn and slopa conditions. (4) Use of drip or pressure compensation tubing Irrigation systems In planting beds, (5) Use of fiat irrigation heads under shrubs in stripe conditions is allowed. (6) Use of free Irrigation In planting beds that eflows and plans for future growth of ; the root system. (7) Use of underground imfgat ion fechnoiogy that reinforces water conservation. b. Use of non-water conserving rotary heads, spray risers and any spray head which is not designed as a low precipitation rate head Is prohibited. c. If is a penalty of this ordinance to allow uncontrolled water emissions. d. irrigation systems must be maintained in good operating condition at all times. Add. Vic. 31.9 fit c, krlga a The owner of any property to which Ibis article appffes shall submit a irrigation plan in the form and manner specified by the Planning and Development Department before the ^ approval of the final plat. The irrigation plan shell contain sufficlent defer7, as specified by the department, to show the following: (1) Layout of the'mgaVonplan. ation (2) irrigation methods)description with product specificalions indicating low precipitation and wafer conserving heads. (3) Control box and sensor specifications. (4) Location of water sources. Change: Sec. 31.9(1) c. Review and Approval of tire Landscape Plan fo Set, 31.9 O . (1) d Review and Aoarovsf of the Lendsc l2o and irl}QationPlana, and amend to include: The Planning end Development Department s'.sll determine the completeness of the submitted landscape and irrigation Plan within two(2)working days, (fie remainder of the section stays the same) Change: Sec. 3 1.9(1)d. PloI Plan to Sec,31.911) a.Plot PlaQ C: yDocumentellandaapeOrdnence=4•1nocswsAMENDEOdoe SECTIONS Page 0 a 32X10 mararue ararmisas - i , Staff Issues: Staff suggests the following Issues be amended or added to the ordinance. Issue 1: Staff suggests amending the effective date of this ordinance to June 1", 1998 In order to , prepare to administrate the provisions of this ordinance. Change: SECTION Vr Effective date, from May 1", 1998 to June 1", 1998. Issue 2: Because the quantity of trees required to meet the provisions of this ordinance has decreased, staff suggests It is necessary to impose a minimum requirement for large and medium tree usage. Previously, staff believed that the requirements of the ordinance alora would require large and medium trees to be used at this level. Staff believes It Is Impo tant for the health of the urban forest and for understory or small tree health to equiro large and medium canopy trees for coverage and diversity of the plant species providee in the urban forest Add: Sec. 31.6(f)o. At least 50 percent of the total tree requirement for the property shall be Large and Medium trees as specified in Sec. 31.15, Selected Species List. The remaining frees 1 may be any size free as specified in Sec, 31-15,Selected Species List ESTJM1lATED SCHEDULE OF PROJECT Three City Council Work Sessions were held to discuss the draft landscape ordinance,on February 10"i, ( February 20, and March 24h, 1998. City Council Public Hearings were held on February 17a and March 3rd, 1998. A third City Council Public Hearing is scheduled on April 7a', 1998, and if adopted, the landscape ordinance would take effect on May 1", 1999. Staff would suggest amending the effective date of this ordinance to June 1", 1998 in order to prepare to administrate the provisions of this ordinance. PRIOR ACTION/REV[E*rV A public meeting was held to discuss potential revisions to the current landscape ordinance on December It , 1997. A summary of meeting comments was included in one of the two packets of review materials recently delivered to City Council members and Planning and Zoning Commissioners. The Planning and Zoning Commission conducted a Work Session on this item January 14'h, 1998 and held a Public Hearing on January 28"', 1998. the Planning and Zoning Commission recommended approval of the basic formal of the ordinance by a vote of 5.2. Planning and Zoning Commissioners also asked that several issues identified during the public hearing be forwarded to City Council for further discussion and deliberation. l FISCAL INFORb1ATJON The draft ordinance will affect all unplatted and undeveloped land located within the City of Denton, and aa11 impose plan preparation, plan review, and tree and landscape installation costs as part of project development costs. City owned property will also be subject to the ordinance as proposed, Ordinance O administration and enforcement costs will be borne by existing personnel, and will impact the operations or the Development Review Committee (DRC) and Inspections and Code Enforcement staff members, The Engineering Department has indicated that city subdivision regulations and drainage manuals will require modification if the clearing and grading requirements contained in the draft ordinance are adopted. Clearing and grading requirements may be extended to the extraterritorial jurisdiction{ETJ) In Q"Doamentst"seaps OrdlnarWOC 4-7 1 AMENDED.doe SECTION 11 Page II 32 X El e r . J R d4k JsI S ea,n. Nrws'_s axawM ,. . ' amtiira9i�il rf., d _ .. ' r f r the future,but should be severed from the Iandscape Ordinance and added to the Subdivision Regulations ( after proper analysis of impact if such an extension is implemented. A E I . Respectfully Subt}it;ed; j M.Hill irector of Planning and Development r Prepared { j ancy Mc Compre Planning Manager EXHIBIT A Standard Industrial Classification Manual I' a 1 l + I � a I I CAW 0=ff4ntsu Wjc"adnw"=4-7 DOOMS AMENDED doe /ECTM 1 Papa 7 K; : Y 25 CJ 32 x i o` o ' • aasa�mia � . O • } ' E DIVISION D Manufacturing The Division as a Whole The manufacturing division includes establishments engaged in the mechanical or chemical transformation of materials or substances into new products. These es- tablishments are usually described as plants, factories, or mills and characteristical- ly use power driven machines anJ materials handling equipment. Establishments engaged In assembling component parts of manufactured products are also consid- ered manufacturing if the new product is neither a structure nor other fixed im- provement. Also included is the blending of materials, such as lubricating oils, plea tics resins, or liquors. ` The materials processed by manufacturing establishments include products of I agriculture, forestry, fishing, mining, and quar ying as well as products of other manufacturing establishments. The new product of a manufacturing establishment may be finished in the sense that it is ready for utilization or consumption, or it may be semifinished to become a raw material for an establishment engaged in fur- ther manufacturing. For example, the product of the copper smelter is the raw ma- terial used in electrolytic refineries; refined copper is the raw material used by copper wire mills; and copper wire is the raw material used by certain electrical equipment manufacturers. \. The materials used by manufacturing establishments may be purchased direct- ly from producers, obtained through customary trade channels, or secured without recourse to the market by transferring the product from one establishment to an- other which is under the same ownership, Manufacturing production is usually car- ried on for the wholesale market, for interplant transfer, or to order for industrial. users, rather than for direct sale to the domestic consumer. There are numerous borderline cases between manufacturing and other divi- sions of the classification system. Specific instances will be found in the descriptions of the individual industries, The following activities, although not always consid- ered as manufacturing, are eo classified: 1 Milk bottling and pasteurizing; Publishing; Fresh fish packaging (oyster shuck- Ready-mixed concrete production; ing, fish filleting); Leather converting; • Apparel Jobbing (assigning of materi- Logging; als to contract factories or $hope Wood preserving; for fabrication or other contract Various service industries to the operations) as well as contracting manufacturing trade,such as type- on materials owned by others; setting, engraving, plate printing, � E � l SECTION 1 Page B , I I I 2 32XIO i waaaa p 5 I r' STANDARD INDUSTRIAL. CLASSIFICATION ' and preparing electrotyping and Lapidary work for the trade; ` stereotype plates, but not blue- Fabricating of signs and advertising printing or photocopying services; displays. Electroplating, plating, metal heat treating, and polishing for the , trade; There are also some manufacturing-type activities performed by establishments which are primarily engaged in activities covered by other divisions, and are, thus, not classified as manufacturing. A few of the more important examples are: Agriculture, Forestry, and Fishing Processing on farms in not considered manufacturing if the raw materials are grown on the farm and if the manufacturing activities are on a small scale without the extensive use of paid labor, Other exclusions are threshing and cotton ginning. Mining The dressing and beneficiating of ores; the breaking, washing, and grading of coal; the crushing and breaking of stone; and the crushing, grinding, or otherwise preparing of sand, gravel, and nonmetallic chemical and fertilizer minerals other than barite are classified in Mining. Construction Fabricating operations performed at the site of construction by contractors are not considered manufacturing, but the prefabrication of sheet metal, concrete, and terrazzo products and similar construction materials Is included in the Manufactur- ing Division. P ` Wholesale and Retail Trade Establishments engaged in the following types of operations are included in j Wholesale or Retail Trade: cutting and selling purchased carcasses; preparing feed f at grain elevators and farm supply stores;stemming leaf tubacco at wholesale estab- lishments; and production of wiping rags. The breaking of bulk and redistribution in smaller lots, Including packaging, repackaging, or bottling products, such as liq- uors or chemicals, is also classified as Wholesale or Retail Trade. Also included in Retail Trade are establishments p imarily engaged in selling, to the general public, products produced on the same promises from which they are sold,such as bakeries, candy stores, ice cream parlors, a4 custom tailors. Sort-tees Tire retreading and rebuilding, sign painting and lettering shops, computer software production, and the production of motion picture films (including video tapes) are classified in Services, Most repair activities are classified as Services. However,some repair activity such as shipbuilding and boatbuilding and repair, the rebuilding of machinery and equipment on a rectory basis, and machine shop repair are classified as manufacturing, ABBREVIATIONS USED FOR INDEX ITEMS mach.—machinery , mfpm—made from purchased materiels or materials tranarerred from another establishment mitre—made in the same establishment at the bade materials, E , SECTION 1 page 9 44 L, 1�i , ❑ 32 x ❑ • c I� 423 TERMINAL AND JOINT TERMINAL MAINTENANCE FACILITIES FOR MOTOR FREIGHT TRANSPORTATION 4231 Terminal and Joint Terminal Maintenance Facilitles for Motor Freight Transportation Establishments primarily engaged in the operation of terminal facilities used by highway-type property carrying vehicles. Also included are terminals which provide maintenance and service for motor vehicles. Terminals operat- ed by motor freight transportation companies for their trove use are classified in Industry Group 421. Separate maintenance and service facilities operated by motor freight transportation companies are classified as auxiliary. Estab- lishments primarily engaged In the repair of trucks are classified in Services, Industry Group 763. rn4M t cklne bruins, MN x wldwut eslnt.e.m.a,cuww SECTION 1 Page 10 J�4 t 2`> . 10 32x ❑ • 1. A MANUFACTURING Code SA04 nile Code SAort YSrk . i 20 FOOD AND KL"IDRED PRODUCTS 2067 Chewing gum 201 Meat Producta 2068 UtOA and roasted nuts and seeds 2011 Meat packing plants 207 Fats and Oils 2013 Sausages and other prepared meats 2074 Cottonseed oil mills 2013 Poultry slaughtering and processing 2075 Soybean all mills 2076 Vegetable oil mills,net 202 Dairy Products 2021 Creamery butter 2077 Animal and mart"fate and sills 2022 Cheese,natural and processed 2072 Edible fats and oils,nee 2023 Dry,condensed,evaporated products 208 Beverages 2024 Ice cream and f,oun demerta 2062 Malt beverages 2026 Fluid milk 2083 Malt 203 Preserved Frulta and Vegetables 2064 Wines•brandy,and brandy spirits ■1�. 2032 Canned specialties 2085 Distilled and blended liquors 4033 Canned fruits and vegetables 2087 Bottled and canned soft drinks 2087 Flavoring extracts and syru 2034 Dehydrated frulta,vegetables, soup ps,nee 2035 Pickles,sauces,and salad dremings 209 Cann Food and Kindred d wafoo 2037 Frozen fruits and vegetables 2091 Canned and Lured fish and sesfoods 2095 Fresher 2038 Frozen apecialti nee frozen prepared fish ee, h - 204 Crain Mill Producb 2091 Rotatedhlps a 2041 Flour and other grain mill products 2096 Potato chips and siriilar snacks 2043 Cereal breakfast foods 2097 Man caroni and pa 2044 Rice milling 2096 Food Macaroni and spaghetti 2049 Prepared flour mixes and doughs 2699 Food prepanliona, nee 2046 Wet corn milling It TOBACCO PRODUCT'S 2047 Dog and cat food l 2046 Prepared feeds,nee Sit Cigarettes 111+ 205 $ q P 2311 Cigarettes f Bakery 2051 Bread, oaks,and related products 211 Cigars 2052 Cooklea and crackers fill Cigars 2053 Frozen bakery products,except bread 213 Chewing and Smok ingTobacco 2141 Chewing and smoking tobacco it 206 Sugar and Confectionery P•oducts 114 Tobacco Stemming and Redrying 9061 Raw cane sugar � 2062 Cane sugar refining 2141 Tobacco stemming and redrying 2063 Beat sugar 2064 Candy A other confectionery products f2 TEXTILE MILL PRODUCT'S * 1066 Chocolate and cocoa products 121 Broadwoven Pabrie Mills,Cotton 0 • i SECTION 1 Page II �. . � a 32x10 4 O , , t , 1 STANDARD INDUSTRIAL CLASSIFICATION Code Short 2ttG Code Short nele ( 2211 Broadwoven fabric mills,cotton 236 Cirle and Children's Outerwear 222 Broadwoven Fabric Mills,Manmade 2361 Girls'S children's dresses,blouses 2221 Broadwoven fabric mills,manmade 2369 Girls'and children's outerwear,nee 223 Baaadworen Fabric M111a,Wool 237 Fur Goods 2231 Broadwoven fabric mills,wool ' 2371 Fur goads 224 Narrow Fabric Mills 238 Miscellaneous Apparel and Accessories 2241 Narrow fabric mills 2381 Fabric dress and work glove 225 Knitting Mills 2383 Robes and dressing gowns 2251 Women's hosiery,eaapt socks 2385 Waterproof outerwear 2282 Hosiery,nee 2388 Leather and sheep-lined clothing 2253 Knit outerwear mills 2381 Apparel belts 2264 Milt underwear mills 2389 Apparel and accessories,nee 2257 Welt knit fabric mills 239 Misc.Fabricated Textile Products 2258 Lace 6 warp knit fabric mill 2391 GErtaW and draperies 2259 Knitting mills,nee 2392 HouaefurnlshtV.;,nec 226 Textile Finishing,Except Wool 2393 Textile begs 2261 Finishing plants,cotten 2391 Canvas and related products 2262 Finishing plants,manmade 2395 Pleating and stitching 2269 Finishing plants,nee 2396 Automotive and apparel trimmings 227 Cu pets and Rugs 2397 machine embroideries 9213 Carpets and rugs 2399 Fabti_ated textile products,nec 228 Yarn and Thread Mille 2261 Yarn spinning mills 24 LUMBER AND WOOD PRODUCTS 2282 Throwing and winding mills 2264 Thread mills 241 Logging 229 Miscellaneous Textile Cools 2411 Logging i 2295 Coated fabrics,not rubberized 242 Sawmills and Planing Mills 2296 Tire cord and fabrics 2421 Sawmills and planing mU*general ` 2297 Nonwoven fabrics 2426 Hardwood dimension k flooring wills li.. 2298 Cordage and twine 2479 Special product sawmills,nee 2299 Textile goods, nec 243 Millwork,Plywood A Structural Member 2431 Millwork 23 APPAREL AND 0Y11ER TEXTILE 2431 i and kitchen aMnets , PRODUCTS 2435 Hardwood veneer and plywood 231 Men's and Boys'Suits and Coats 2436 Softwood veneer and plywood 2313 Men's and boys'suits and cosh 2439 Structural wood members,nee 232 Men's and Boys' Furnishings 244 Wood Container 2321 Men's and boy{shirts 2441 Nailed wood boxes and shook 2322 Men's 45 boys'underwear d:aightwear 2448 Wood pallets and sklds 2323 Mer.'s and boys neckwear 2449 Wood containers,nec 2325 Man's and boys'trousers tnd slacks 146 wood buildings and Mobile Homes 2326 Mtn's and boys work clothing 2451 Mobile homes 2329 Men's and boys clothing,nec 2452 Prefabricated wood buildings 233 Women's and Missea Outerwear 249 Miscellsneous Rood Products 2331 Won ens d:mlases'blouses 6 shirts 1491 WooJ preserving 1335 Wom"n's,Junior$',d:misses'dresees 2493 Reconstituted wood produces - 2337 Women's and misses'sulk and Croats 1499 Wood products,nec 2339 Women's and misses'outerwear,nee 334 Women's and Children's Undergarments 15 FUR.YI7niRE AND FIXTURES 2341 Women's and children's underwear 251 Ifowehold Furniture 2342 Brea,girdles,and allied garments 2611 Wood bousehold furniture 235 lists,Cape,and Millinery 2511 Upholstered household furniture 2383 Hate,am and millinery 2514 Metal household furniture , SECTION I page 12 i �' } r> . 10 32XIO e 'IOeeter VAN1, i sa�ciw NUMERICAL LIST OF SHORT TITLES t ., Code Shod Ttte Code Shod i 2515 Metlresae and bedsprings 1769 Commercial Printing,nee 2517 Wood TV and radio cabinets 476 Manifold Cusinew Forms 2319 Household furniture,ax 2781 Manifold business forty 452 Office Furniture 271 Greeting Cards 2521 Wood office furniture 2171 Greeting cards 2522 Office furniture,except wood 276 Blankbooks and Bookbinding 253 Public Rullding&Related Furniture 2702 Blankboeks and Voseleaf binders 2531 Public building& related furniture 2769 Bookbinding and related work 2 SSr Partitions and Fixtures 279 Printing Trade Services 2,41 Wood partitions and tortures 2791 Typesetting va Partitions and fixtures,except wood 2796 Piatemaking services �`- 259 hIL•cellaneous Furniture and Fixtures 2591 Drapery hardware&blinds&shade 28 CHEMICALS AND ALLIED PRODUCTS 2599 Furniture and futures, nee 281 Industrial Inorganic Chemicals 26 PAPER AND ALLIED PRODUCTS toll Alkalies and chlorine 262 Pulp Mills 2812 Industrial gases 2611 Pulp mill 1816 inorganic pigments ` 262 Paper Mills 2619 Industrial inorganic chemleal,nee i 2621 Paper mill 282 Plastics Materials and Synthetics 263 Paperboard Mille 2821 Plastics material and resins 2631 Paperboard mills 2622 Synthetic rubber 265 Paperboard Containers and Boxes 2823 Cellulosic manm.de fibers s 2652 Setvp paperboard boxes 5824 Organic fibers,noncellulosic 2653 Corrugated and solid fiber boxes 263 Drugs 4 265S Fiber cane,drums &similar products 2833 Medicinals and botanical +; 2556 Sanitary food containers 2834 Pharmaceutical preparations f 2651 Folding paperboard boxes 2835 Diagnostic substance \. 267 Mier.Converted Paper Products 2836 Biological products site.diagnostic 2671 Paper coated&Iaminated,packaging ggq Soap,Cleaners,and Toilet Cools 2671 Paper coated end laminated,nee ISO Soap and other detergents - 2671 Bags: plastics,laminated,&coated 2644 Polishes and sanitation goods 2674 Bags, uncoated paper& muldwall Y843 burface active egrets 4675 Die-cut paper and board 1641 Toil et re orations 2676 Sanitary paper products p 5677 Envelope !05 Paine and d Allied Products 2678 Stationery prod-acts 18S1 Paints and allied products 2679 Converted paper products,nee 266 Industrial Organic Chemicals 2861 Gum and wood chemical 27 PRINTING AND PUBLISHING 2865 Cyclic crude and intermediate 2869 Industrial organic chemicals,nee 271 Newspapers 187 Agricultural Chemicals .� 2711 Newspapers 2873 Nitrogenous fertilizers 172 Periodicals 2874 Phosphatic h:rtilimrs 2721 Periodical 273 Books 1675 Fertilizers,mixing only 3731 Book publishing 2679 Agricultural chemicals,tee 2732 Book printing 189 Miscellaneous Chemical Products Y7! Miscellaneous Publishing 1891 Adhesives and sealant 2741 Miscellaneous publishing 2892 Explosives 275 Core merciall'rintlttg 1893 Printing ink 2163 Commercial printing,lithographic 2695 Carbon black 2154 Commercial printing,gravure 2899 Chem leal p #pars lens,ore ( j SECTION 1 Page 13 1 I, i - - 25 R 10 32x � Q .r I 1 r ,r I 'dlfa9i+la '� t iJ � ,.• ,. 1 " t � r 'xlfwDal �. eAriJrka..PS'S�+w+,a'a;Y° ,< t STANDARD INDUSTRIAL CLASSIFICATION Code Short n'rle Code Short nr4 29 PETROLEUM AND COAL PRODUCTS 82 STONE,CLAY,AND GLASS PRODUCTS 291 Petroleum Refining 321 Flat Glass 2911 Petroleum refining 8211 Flat glen 995 Asphalt Paring and Roofing Materials 321 Gras-and Glassware,Pressed or Blown 2951 Asphalt paving mixtures and blocks 3221 Glen coo Wtem 2952 Asphalt felts and coatings 3229 Pressed and blown glass,nee 299 Misc.Petroleum and Coal Products 323 Products of Purchased Glue 2992 Lubricating oils and greases 32+1 Products of purchased glass 2999 Petroleum and coal products,nee 324 Cement,Hydraulic 3241 Cement,hydraulic 30 RUBBER AND MISC.PLASTICS 225 Slr..rsral Clay Products PRODUCTS 3251 Brwi and Btructural Clay ttla y01 Tires and Inner Tubes 8253 f eremic wall and floor the 8011 Tires and Inner tubes 8255 Clay refractories 802 Rubber and Plastics Footwear $259 Structural clay products,net 3021 Rubber and plastics footwear 324 Pottery and Related Products 305 Hose A Belting A Gaskets A Packing 8261 Vitreous plumbing fixtures 3052 Rubber A plastics hose A belting 3262 Vitreous 6Ina table A kitchenware 3053 Gaskets,packing and sealing devices 3263 Semlvitreoau table A kitchenware 306 Fabricated Rubber Prodaets,NEC 3264 Porcelain electrical supplies 3061 Mechanical rubber g:+ods 3266 Pottery products,as.. 3069 Fabricated rubber products, nee 327 Concrete,Gypsum,and Plaster Products 308 Miscellaneous Plastics Products,NEC 3211 Coneret-blxk and brick 8081 Unsupported plastics film A sheet 1272 Concrete products,tee 3682 Unsupported plastics profile shapes 3273 Ready-mixed concrete 3083 Laminated plastics plate A sheet 9214 Lime SU84 Plastics pipe 3275 Gypsum products 3085 Plastics bottles 828 Cut Slone and Stone Products 3086 Plastics foam products 3281 Cut stone aid atone products 3067 Custom compound purchased resins 329 Misc.Nonmetallic Mineral Products 3089 Plastics plumbing fixtures 3291 Abr.live prrducts 3089 Plast"products,nee 3292 Asbestos pmducts 3295 Minerals,ground or treated 31 LEATHER AND LEATHER PRODUCTS 3296 Mineral word 321 Leather Tanning grid Finishing 8297 Noncley refractories 3111 Leather tanning and finishing 3299 Nonmetallic mineral products,his: 313 Footwear Cut Block 3131 Footwear cut stock 33 PRIMARY METAL INDUSTRIES 3I4 Footwear,Except Rubber 331 Blau Furnace grid Basle Steel Products 1242 Houst slippers 3312 Blast furnaces and steel mills 3143 Men's footwear,eseept athletic 9313 Electrometa'lurgical products 1111 Women's footwear,except athletic $315 Steel wire and related products 3149 Footwear, except rubber, nee $316 Cold fmishing of steel shapes $15 Leather Gloves and Mitlens ;117 Steel pipe and tubes 3151 Leather gloves and maters 331 Iron and Steel Foundries 316 Luggage 3321 Gray and ductile Iron foundries 3161 Luggage $321 Malleable In,n foundries $17 Handbags and Personal Leather Goods 3324 Steel Investment foundries 3171 Women's handbags and purees 3323 Steel foundries, nee 3172 Personal leather goods,nec 331 Primary Nonferrous McWs 319 Leather Goods,NEC 3331 Primary coplier ' $199 Leather goods,nee 3331 Primary almnlnum ' p SECTION 1 Page 11 c 25 1 ❑ 32X11 i draa+ae . noones MIKKE-RLALMIAL�NNBMLM&ass ,...., ..,....17,..:-1� .,, . .. ._.� .. �.,a. Id+=kti�9.�..'�i,�e �'y�'6��r�yP'�.�?�,j"'�.d^.d4J M1➢:, NUMERICAL LIST OF SHORT TITLES Code Sheri 714k Code Shad nile 8339 Primary nonferrous metal,nee 348 Ordnance and Accessories,NEC 634 Secondary Nonferrous Metsls 3482 Small arms ammunition 6341 Secondary nonferrous metal 3493 Ammunition,sac.for small arms,nec $98 Nonferrous Rolling and Drawing $484 Small arms e 3331 Copper rolling and drawing 8489 Ordnance and accessories, nee 8333 Aluminum sheet,plate,and fod 349 Mist.Fabricated Metal Products 6334 Aluminum extruded products 3491 Industrial valves 9355 Aluminum rolling and drawing,nec 3492 Fluid power valves 4k hose fittings 3356 Nonferrous rolling and drawing,nee 3493 Steel springs,except win 1357 Nonferrous wiredrawing& Insulating 3494 valves and pipe fittings,Doc 336 Nonferrous Foundries(Cutinp) 3495 Win springs 3363 Aluminum di"ostiaga 6496 Misr.fabricated wire products 3384 Nonferrous dictating sera aluminum 6497 Metal foil and lea! 8385 Aluminum foundries 8498 Fabricated pipe and fittings 8366 Copper foundries 1499 Fabricated metal products,nee 4 8369 Nonferrous foundrla,not - 339 Miscellaneous Primary Metal Products 85 INDUSTRIAL MACHINERY AND 3398 Metal heat treating EQUIPMENT 3399 Primary metal products, nee 331 Engines and Turbine 34 FABRICATED METAL PRODUCTS 3511 Turbines and turbine generator eels 3519 Internal combustion engines,nee 344 Metal Cans and Shipping Containers $52 Farm and Garden Machinery 3411 Metal cane 3523 Farm machinery and equipment 3412 Metal barrels, drama, and palls 3521 Lawn and garden equipment ' 342 Cutlery,Handtool,, and Hardware 3113 Construction and Related Machinery 3421 Cutlery 3531 Construction machinery 3423 Hand and edge tool,,sec 3532 Mining machinery 3125 Saw blades and handsaws 3533 Oil and gas field machinery 3429 Hardware, nee 3S34 Elevators and moving stairways 313 Plumbing and Heating,Except Electric 3535 Conveyors end conveying equipment 3431 Metal unitary ware 3536 Hoi9ta,cranes, and monorails 333: Plumbing fixture fitting,and trim 3537 Industrial trucks and tractor 3133 Heating equipmednt,except electric 351 Metalworking Machinery 341 Fabricated Structural Metal Products 3541 Machine tools,metal cutting typo 3441 Fabricated structural metal 3547 Machine tools,metal forming types 3411 Metal doors, V sh,and trim 8543 Irdutrtal patterns 3113 Fabricated plate work(boiler shape) 354, Special diem,tools,jig&fixtures 3414 Sheet metal work 3515 Machine tool accessories 3118 Architectural metal work 3546 Power-driven handtools 3446 Prefabricated metal buildings 54 3449 Miscellaneous metal work 37 Rolling mil)machinery 315 Screw Machine Product,, Bolts. Ete. 1549 Metalwo kingrmachinery,nee 3431 Screw machine products 355 Special Industry Machinery 3452 Bolts,nuts,rlveta, and washers 3552 Textile machinery 348 Metal Forgings and Stampings 3553 Woodworking machinery . 3462 Iron and steel forginge 3554 Paper industries machinery 3463 Nonferrous forginge 3555 Printing trades machinery 3463 Automotive Humping 3,556 Food products machinery 3166 Crowns and closure 3559 Special Industry machinery,Dec $169 Metal stampings, nee 656 Central Industrial Machinery 117 Metal Services,NEC 3541 Pumps and Pumping d 3471 Plotin and polishing P rag equipment 1479 Metal coating and allied services 1563 Air land gulea p, ro r SECTION 1 Page 15 -- �5x (] , 32 xIQ amstates PEA&MaxampoLMLAN� a STANDARD INDUSTRIAL CL MCAT-3N Cafe Short nit, Cade Short Title ` 3564 Blowers and(an& 3652 Prerecorded rt,4rds and tapes 3565 Packaging machinery 366 Communications Equipment 3566 Speed changers,drives,and gears 8661 Telephone and telegraph apparatus 3667 Industrial furnaces and overis 3663 Radio dr TV communications equipment 3566 Power transmission equipment,nee $669 Communications equipment,nec 3569 General industrial machinery,nec 367 Electronic Components and Accessories 357 Computer and Office Equipment 3671 Electron tubes 3571 Electronic computers 3673 Printed circuit boards 3573 Computer storage devices 3674 Semiconductor&and related devices 3575 Computer terminals 3678 Electronic capacitor $577 Computer peripheral equipment,net 3676 Electronic resistors 3578 Calculating and accounting equipment 3677 Electronic coils and transformer 3579 Office machines,nee 3678 Electronic connectors 358 Refrigeration and Service Machinery 3679 Electronic component, nee 3581 Automatic vending machines 369 Mise,Electrical Equipment&Supplies 3582 Commercial laundry equipment 3691 Storage batteries 3585 Refrigeration and heating equipment 3692 Primary batteries,dry and wet 3586 Measuring and dispersing pumps 3694 Engine electrical equipment 3589 Service Industry machinery,net 369$ Magnetic and optical recording media 359 Industrial Machinery, NEC 3699 Electrical equipment 6e supplies,nee 3592 Carburetors,pistons,rings, valve 3593 Fluid powet t)hnden k actuators 37 TRANSPORTATIOY EQUIPMENT 3i94 Fluid power pumps snJ motors 3396 Scales and balances,exe. laboratory 371 Molor Vehlelex and Equipment 3599 Industrial machinery, nec 3711 Motor vehicles and car bodies 3713 Truck and bus bodies 36 ELECTRONIC A,OTHER ELECTRIC 371 S Motor vehicle parts and accessorlea EQUIPMENT 37IS Truck trailer i 361 Electric Distribution Equipment 3716 Motor homes 3612 Transformers,except electronic 372 Aircraft and Parts 3613 5%itchgear and switchboard apparatus 3721 Aircraft 362 Electrical Industrial Apparatus 3721 Aircraft engines and engine tents 3621 Motors and generators 3729 Aircraft parts and equipment,nec 3621 Carbon and graphite products 373 Ship and gust re and Repairing 3731 Ship building ennd d repairing 3625 Relays and industrial controls 3732 goat building and repairing 3629 Electrical Industrial apparatus, nee 314 Railroad Equipment 36J Household Appliances 3743 Railroad equipment 3631 Household cooking equipment 375 Motorcyclex, Bicycles,and Parts 3632 Household refrigerators and freezers 3151 Motorcycles,bicycles, and part 3633 Household laundry equipment t 3 3631 Electric housewares and fans 76 Guided 3115511ex,Space Vehicles,Part . 3635 Household vacuum cleaners 3161 Guided missiles and space vehicles 3639 Household appliance, nee 3761 Space propulsion unit and part 3769 Space vehicle equipment,nec 36{ Electric 1.{ghling and Wiring Equipment 379 MIKellaneoux Transportation Equipment i 3811 Electric lamps � • 3613 Current carrying wiring device 3792 Travel trailers and campers 3611 Noncurrent<arrying wiring devices 379S Tanks and tank component 3615 ReAdcntial lighting fixtures 3799 Transportation equipment,nee 3616 Commercial lighting fixtures 3647 Vehicular lighting equipment 38 INSTRUMENTS AND RELATED 3648 Lighting equipment, nec PRODUCTS 365 household Audio and Video Equipment 381 Starch and Navigation Equipment I 3651 Household audio and video equipment 3813 Search and navigation equipment 0 SECTION I Page 16 2 5 vis 32X .w_ 411 : 6aY, 1 � � 3. 'r, rt � ` � i k 11 ,♦ t let ! ��[� � of J4Y ♦ Y Y ' t t , I t 1 1 ♦ ` 1''. t � 1 d ti� r� � I n� t ti ♦ 1 I 4 i t ' r ' ,� 1 rl• 9' r C I S ., � ♦ t ♦ ft. I - n"� f fi I y i G t n � 1 5 r I Y . , swum r Y [ I .,w,1ReF'v�'M1f�wl:Yfii•�'.T i.l'NM�;�R�fMWTJt V�TVMIi y,' Y ' 1 ,_. 1 ��r1F ',:L1 rin,�v,YMMNI,♦.1.Y r.. .. .. � �, .• , Y NUMERICAL IM OF SHOAT TITLES ` Cads shore 3Yib C44 Shod Mid 1 , 881 Measuring and Controlling Devices 89 MISCELLANEOUS MANUFACTURING ' ' 8691 Laboratory apparatus and lusnitun INDUSTRIES 8823 Environmental controls 891 Jewelry,Sliverorm,and Plated{Yen 8911 Jewelry,precious metal , 8628 Process control Instruments 8914 Silverware and plated wan i., 8824 Fluid meters and eounting devices 8918 Jewelers' ma 862S lapidary work 8896 Instruments W meuunelsctrldty 393 Musical Instruments .'i 8614 Analytioellnstrumenta 3931 MusIealInstruments I 1837 Optical Instruments and lanes 314 Toys and Sporting Goods ; ''. 6629 Measuring is contra de 8949 Dolls and stuffed toys i .' i64 Medical Instruments d supplies a oe 1144 Games, toy@, and chi dren's vehicles i 8141 sporting and athletic goods, we 8841 surgical and medical instrumeo g 895 Pens,Pencils,Office,At Art Supplies 6641 Surgical appliances and supplies Seel Fens and mechanical pencils iE 8648 Dental equipment and supplies 8951 Lead pencils and an goods ` u= 3963 Msrldag devices 3844 X-ray apparatus and tubes 3956 Carbon paper and inked ribbons 8845 Eleetrome&cal equipment 896 Costume jewelry and Notlom J 386 Ophthalmic Goods 8981 Costume Jewelry 3831 0 ht hamc Dods 89 6S Fn tenen buttons,needles. k pins 386 Photographic Equipment and Supplies 399 Miscellaneous Manufactures 8861 Photographic equipment and supplies 8991 grooms and brushes 3993 Slim and advertising specialities ag7 Walches,Clocks, Watchcases At Parts 8993 Burial caskets 8811 Watches,clocks,watchcases k pare 8996 Hard surface floor coverings,net 1999 Manufacturing industries,nee 1 I, ; d r I I -1 I �I Vo SECTION 1 Page 17 l � i i . . . 25 X ❑ 32x � d i , Wall 1 SECTION I Staff has requested that various cities In the Metroplex look at the United Copper site as a industrial projeol being built in their city, Some of the cities responded and provided staff with Information regarding their requirements for landscaping these projects, specifically for tree requirements on industrial projects. They were NOT requested to produce a landscape plan, only to determine the quantity of trees necessary to meet their landscape requirements and any other provisions In their Zoning Code or other ordinances that would require landscaping. Because staff does not have the exact plan of the reduced United Copper site, we were forced 10 use the entire project acreage of 44.5 acres for this analysis. The following table provides this information relative to these cities and that particular project: CITY , r ,t , Project Acreage ProJeet Tree rr i; PeMer�ele of 'k r +' +r ,�1�'�J 4 1{r:, FY�*No+S, yF - �Thp♦NIOUa "'�b M•O�+ Riqulrament `4� R� }✓�l'�41ru4��i� Surface zn�ut�t'x,ili 7�� �si�n;".Y34?Ift4� �'�.: atd�lWA'{'b r t r Denton 44.5 Awes 19.99 Acres 666 Trees Reflects reduction 151Acre of trees from 201AC to 15/AC 8enbrook 44,5 Acres 19,99 Acres 431 Trees landscaper r , 9.691Aere tkdlnencelNo „r buMen; requk for adWnlno uses McKinney 44.5 Acres 19.99 Acres 236 Trees 112 trees,plus C 5,301" 124 evergreen trees at 6 R. ht. along perimeter chalnlink fencin Irving 44.5 Acres 19.99 Acres No Response Yet , „ l . r. + ,I.4 r'-'If Dallas 44.5 Acres 19,99 Acres 465 Trees 10.9!Acre Arlington 44.5 Acres . 19,99 Acres 196 Trees 1135 LF of 4.401Acre frontage,plus 11600 SF along northern and tis m ftoanufachtted1 u'elny,plus parklina Plano 44.5 Acres 19.99 Acres No Response Yet Flower Mound 44,6 Acres 19,99 Acres No Response Yet I NOTE: Nstaffreceives Information from the elry's that did not respond, we will have this information available In this table on April, 7, f090, of the Clfy Couoell's meeting. O ,�OJIF i C:Wty DocumentslLBMecape OrdinancelCC 44 DCX)StSECTiON 4 LAC Metro doc SECTION 0 Page 1 J ', �• � �� 32 x � a Interim Landscape Ordinance •k. All ago r r rl µ r4+. s�+yr aS r � s \ i aaraxore I I j TABLE OF r9NTENTS SECTION 1 AGENDA INFORMATION SHEET Page 7.3 SECTION 2 Draft Interim Landscape Ordinance Page 1.18 SECTION 3 Specific Excluded Area Maps Page 1 Amended Denton Central Business District Map Page 2 Fry Street Development Corporation Boundary Page 3 Denton Municipal Airport Boundary Page 4 SECTION 4 40 Trees per Acre Example Texas Women's University Site Map Page 1 Texas Women's University Aerial Photo Page 2 I SECTION 6 Metroplax Industrial Site$ Page 1 BrinkmanlWaters Ridge Business Park Page 2 MD Deslgn/Parkwest Page 3 The Container StoreNelwood Page 4 Excel Log;sticslTexas InstrumentslAlllance Gateway Page 5$ Tech Data CorporationlAP ance Gateway Page 7 James WoodlAlliance Gateway Page 8 SECTION 6 Industrial Matroplex Requirements Page (SENDING THIS INFORMATION MONDAY SECTION 7 Trammell Crow Company Information Analysis of Trammel-Crow Proposal Page 1.8 SPSD, Inc,Proposal Letter for Trammell Crow Company Page 7-9 Staff Comments on United Copper SilelFAX from SPSD Page 10 United Copper Sde1FAX from SPSD Page 11.15 SECTION 6 Matroplex Landscape Plans Table Page 1 Exxon at Flower Mound Page 2 + Columbia Medical Center at Flower Mound Page 3 Cracker Barrel at Benbrook Page 4 Padgett Place at Arlington Page 6 Medlin Addition at Arlington Page 6 Las Colinas Corporate Center at Irving Page 7 Granite Plaze at Irving Page 8 Blockbuster Distribution Center at McKinney Page 9 Q Tom Thumb Center at McKinney Page 10 I EDS Client Server at Allen Page 11 l SECTION 9 City of Denton Landscape Projects Page 1 Oak Park Village Page 2.3 Denton Lincoln Mercury Page 4.5 t Albertson's at University Page 6-8 aook Page 9 F • air lr Oaks Page 10 Q • United Copper with Artificial lot Line Page 11 Typical Single Femily Lots Page 12 Typical Commercial Office Comer Page 13 C,Wy OowmantaLLerdecaPe OF6nanceCC 4.7 O=C TABLE OF CONTENTS.doc t i It . 1 i V 'F I ■ ' 1 •1 l • 1 O t• ! I x l I I 1 : 1^` V S 1 4 •F i : `e + ';..syY� S.",•i: .41 i.'t G..b'wr� .. . . . .... 1 ....Ml+n l�lYl:x#''ilsY.l'rh IIIJ 'Rl7AkM�Y ��li '� f"�MC`M4i''+ • ,+'.. 7 t SECTION 10 Open Space and Trot Comparison Tables Open Space to Tree Quantity Comperisone Pape 1 Open Space to Tree Quantity Comparison Table Pape 2 Tree to Open Space Ratios Comparison by Projects Table Pape 3 Tree and Lot Area Analysis Table Pape 4 SECTION 11 Ordinance Comparison Tables Landscape Ordinance Comparison Table Pape 1.3 Current versus Proposed Ordinances Table Pape 4 SECTION 12 Lot Grading and Drainage Plana Memo Page 1 ff r� I SECTION 13 Vegetation Information Vegetational Areas of Denton Map and Vegetation Page 1.5 TAES Tree Plenling end Care Page 6-18 3 Big Tree Registry Page Urban Forest Determination Page 34 SECTION 14 General Soil Mop of Denton Psge 1 r SECTION 15 Public Comments Page 1.37 SECTION 16 Planning Advisory Service Report Page 1.50 SECTION 17 NCTCOGIOptions for Managing the Urban Forest Page 1.5 SECTION 16 landscape Ordinance Examples Ft, Collins,Colorado Ordinance Page 1.36 Dolls Ordinance Page 37-51 Senb,rook Ordinance Page 62.63 Garland Ordinance Page 64-92 i Irving Ordnance Page 93.105 Plano Ordinance Page 106-130 McKinney Ordinance Page 131.135 Flower Mound Ordinance Page 136.145 Arlington Ordinance Page 146.268 SECTION 19 Articles 'Air gets an F' Page 1 'State may miss clean air deadline' Page 2 ^� 'Changes in landscaping plan are denounced' Page 3 ` } 'landscaping Lew Approved Page 4 • c ra �1► � 1 ' l C''Hh OoWr"nte`Landeape OrdlneMCOM 47 OOCSITABLE OF CO"NTS eoa 10 32XIQ Mn 'l r I i 1 I i� rl ♦ n I' sry I 1 � 1 • } �'1 A A I t 1 Ia r r a . 1' 1.' , • } J l 1.f n l r .a„v ,+r•wnAwe:;.. � ) . . - -.. .,... . .......... � �.'.aa. Ni�,t4�cd,�}!7u'�x. axf+..� ' , 2 ` 3 r — 5 a ` — 6 8 I s _8 I" 12 13 - 3 -- --- i6 17 — -- — 18 i 19 20 21 22 l I1 I , • 24 til 26 29 30 , , r ,• 31 o ,r I 1 , i Of$.top' lo o r h` a,Ai, I f+ '< pry❑ y, 39 , it AGENDA INFORMATION SHEET AGENDA DATE: April 7016 1998 DEPARTMENT: Planning&Development CM/DC11/ACMI Rick Svelha R5 SUBJECT Hold a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation"of the Code of Ordinances of the City of Denton relating to the Draft Interim Landscape Ordinance; providing criminal penalty in an amount not to exceed $500.00 for each violation thereof; providing a civil penalty in an amount not to exceed $1,000.00 for each day of violation thereof; providing a severability date; providing a savings clause; and providing an effective date. BACKGROUND As a result of the March 24`h, 1998 work session, City Council members approved the following additions and changes and requested staff make additional revisions to the draft landscape ordinance. These changes have been made to the draft landscape ordinance and include: i I. Add to Sec, 31-5(1) Exclusions: The Denton Municipal Airport and the Fry Street Development Corporation Boundary are exempt from provisions of this ordinance. 2. Add to See. 31.7(1)a: Alternative shrub spacing may be used, with approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance. 3. Revise Sec-31-70) Specific Landscape Area Requirements, as follows: PIant materials, walls, or fences may be used within required yards, as specified in Section 35- 91 of the City Code, to buffer adjacent land uses. Trees or plants used in required yards may be used to demonstrate compliance with other sections in this article. 4. Change to Sec.3I.15 Selected Species List: Designate the following trees as Street Trees: O a Accent Tree Designation: Common Persimmon, Texas Persimmon, and t Texas Red Oak i C,Wt7Dm"wibwndsapsOrd'mo ncv=4.7000"GENDAINFORVATiONBNEET.d= SECTION Pigs 1 x . ., . 10 32 x ❑ i 1 0 n ■ Primary Tree Designation: Sawtooth Oak, Lacey Oak, But Oak, Bald Cypress,and Lacebark Elm City Council also requested the following additional revisions be made to the ordinance: ■ Reduction of the tree requirement to 15 trees per acre,or l tree for every 2,904 SF of lot area ■ Exclusions(Sec. 31-5(l)),CBD Amended Map Area,should only be exempt from new planting requirements. * Amend the CBD Map by deleting the area between Hickory and West Prairie, and Elm and Carroll so that this area is required to conform with all the provisions of this ordinance. ■ Amend the CBD Map by deleting the area between Locust and North Elm,and between University and College so that this area is required to conform with all the provisions of r this ordinance. New Information: At a meeting, held April 2nd, 1998, at the Chamber of Commerce, members of the development community shared concerns regarding the effect this ordinance has on industrial manufacturing and distribution projects, and that the ordinance needs to require automatic underground irrigation. This meeting was attended by approximately 15 people from the business community or their representatives,including Chamber of Commerce employees,plus city staff and two City Council Members. Staff is preparing research and proposals based on this discussion for I consideration of the City Council, This information will be hand delivered to the members on Monday, April 6'h. ESTIMATED SCHEDULE OF PROJECT Three City Council Work Sessions were held to discuss the draft landscape ordinance, on February 16h, February 24`" and March 24", 1998. City Council Public Hearings were held on February 17'' and March 3'd, 1998. A third City Council Public Hearing is scheduled on April 7`h, 1998, and if adopted, the landscape ordinance would take effect on May 1", 1998. Staff would suggest amending the effective date of this ordinance to June 1", 1998 in order to prepare to administrate the provisions of this ordinance. , PRIOR ACTIONIREVIE W A public meeting was held to discuss potential revisions to the current landscape ordinance on f December I Vh, 1997. A summary of meeting comments was included in one of the two packets of review materials recently delivered to City Council members and Planning and Zoning Commissioners. The Planning and Zoning Commission conducted a Work Session on this item January 14'h, 11998 and held a Public Hearing on January 28`% 1998. The Planning and Zoning C:M DowmentsUrdxapa ovdlnsmca=4.7 DOCS'J.OENDA INFORMA"64EET.doe SECTION 1 Page 2 0 32 x � � W W . I ' s � [.' i Vii. _' r.� ��� � �'r ` f `�ti' r It •,,�f a . � , ' .... d � ;I � yi+ I �` ry1 •"i . � f �I. i. r t3 .r J ..y. 5 r�f•I � 1 ' I e L i k t, Y',.W ikrw;A�r4yr,,wr..... nor.'MbMA�'176XkY11T.'AiNYMI °%LfVM SCMn+ Commission recommended approval of the basic format of the ordinance by a vote of 5•2. 5 C Planning and Zoning Commissioners also asked that several issues identified during the public hearing be forwarded to City Council for further discussion and deliberation. FISCAL INFORMATION The draft ordinance will affect all unplatted and undeveloped land located within the City of ' Denton, and wi impo se plan preparation, p lan review, and tree and landscape installation costs ` as part of project development costs. City owned property will also be subject to the ordinance as proposed, Ordnance administration and enforcement costs will be borne by existing personnel, and will impact the operations of the Development Review Committee (DRC) and Inspections and Code Enforcement staff members. The Engineering Department has indicated that city subdivision regulations and drainage manuals will require modification if the clearing and grading requirements contained in the draft ordinance are adopted. Clearing and grading requirements may be extended to the extraterritorial jurisdiction (ETn in the future, but should be severed from the Landscape Ordinance and added to the Subdivision Regulations after proper analysis of impact if such an extension is implemented. r Respectfully Submitted: 'Palij�d M Hill Director vi Planning and Development P ared by: + Nancy Mc I Comprehen iv Planning Manager i r i pr1 ' a , a t:Wy D0Cwrr4nt6%8rd6cepG Ordhlr4f=/•T DOCS%UNDA 1NFORMAiION SMEETAx SECTION I Pays 3 ! + 9 J' ; '; is 32XIC� sias r k i J , ' A • ` a ' . s , 1 i xua►�ara / ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 Y "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CITY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT; PROVIDING A MANDATORY MINIMUM PLANTNO AREA FOR ALL DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF TREES; ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERYARDS; PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE ORDINACE; PROVIDING A CIVIL FLNALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES LIST; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the continued i growth of the City of Denton is straining the ecological and esthetic environments of the City of Denton; and WHEREAS, the City Council for the City of Denton, Texas ,fin�d that growth, clear cutting, mass � grading, and the increase of impervious surface land coverage cont'nues to diminish the forests, trees and natural conditions of the City of Denton; and WHEREAS,the City Council finds that It is In the public Interest to insure that new developments in the City of Denton will help preservetlon, protection and enhancement of the ecological and esthetic environments of the City; and WHEREAS, the City Council finds that the arrant landscaping, screening and tree preservation ordinance codified In chapter 31 of the Code of Ordinances. CRY of Denton does not presently meet the needs and demands of the CRY and that chapter 31 of the Code of Ordinances should therefore be repealed; and • WHERFAS, the CRY Council recognizes that the establishment of new rules and regulations for mandalory tree requirements, mandatory planting areas In developments, fmNs of grading, landscaping, and tree preservation Is necessary and in the Interest of the public weffars,and that an effective method to provide for the same Is the adoption of a new landscape ordinance rules and regulations and state law; and WHEREAS, the City Council has conducted a public hearing on the proposed regulations • contained herein; NOW THEREFORE, 0 • THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION That the'Landscaping.Screening and Tree Preservatbn'Chapter 31 of the Code of the 1 City of Denton, Texas, be and the same Is hereby amended by the repeal of Chapter 31 of the Code of the City of Denton,Texas; and C Wy Dua+mantMUndacapa Orananto=s-r DOCS467 0C Landscape Ordnance dx SECTION 2 Page 1 32X10 err er rrrmsa SECTION II. That of the Code of the City of Denton,Texas,be and the some Is hereby amended by \ the adoption of a new Chapter 31 of the Code of the City of Denton, Texas, entnteci 'Landscape', so that f hereafter said chapter shall be and read as follows: ARTICLE'L IN GENERAL Sec.31.1 Short Title. This chapter shall be known and may be cited as the Denton Landscape Code. Sec. 31-2 Statement or Purpose. The intent of this article is to promote the Immediate and loVterrrt public health, safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage. This article is intended to promote the following general purposes: (1) Preservation, protection,and enhancement of the ecological and aesthetic attributes of the City. (2) Ecological stabilization through urban forest management that contributes 10 the processes of air purification, oxygen regeneration, ground water recharge, storm water runoff retardation; and f 1 promotes energy efficiency and water conservation,thereby abating noise,heat and glare, (3) Protection, preservation and advancement of She urban forest's appearance, character and value that Includes all properties within the community, and that contnibutes to a strong sense of neighborhood, community, and quality of life. (e) Protection and preservation of native and specimen vegetative species, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation during the land development and construction processes. (S) Acknowledgement that trees and landscaping add value to properly, protect public and private Investment to the general benefit of the City and Its residents. (6) More specifically, this article is intended to: e. Protect water resources, flood plains, environmental quality, and the natural and manmade physical and visual quality of the City. b. Mitigate the effects of Impervious surface land coverage by stnx Lures and paving that tend to inrrease ambient air temperature and generate greater water runoff causing erosion, flooding, y and water pollution, O a Prevent cloor-cutting and mass grading of land by encouraging the use of natural terrain for building sites, end by providing cluster development Incentives, d. Promote native plant species preeemation and replenishment, and encourage the use of drought tolerant and low water usage vegetation. e. Provide Incentives for tree preservation, 1 f. Protect and provide wildlife habitats. O • g. Require landscaping and screening to promote lend use compatibility and Improved aesthetic +t►' quality. h. Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution. C.V,fy Dabn%nnl%landseapa Drdiruncm�OC 47 DOCSW7 CC Landreapa Ordk+anca dw SECTION 2 Page 2 y— 32x1 ❑a � � . � FJ 4b 1�'.t a.xawxa , e « Sec.31.3 Definitions. Clearing: An Intentional ad to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline andlor die. Clearing is defined to Include, but not be limited to, chemical, physical, Compaction, or grading damage. Clear-cutting is a Gearing activity Conducted over an entire lot Critical Root Zone: A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. A tree's Critical root zone is measured as one foot of radial distance outward from the trunk for every inch of tree D81-11, and may be no less than a radius of eight 18)feet. DOR Diameter-at-breast-helght (DBH) Is the tree trunk diameter measured In inches at a height of 4 5 feet above ground level. If a tree splits Into multiple trunks below the 41A feet level, DBH will be defined as the sum of each Individual trunk measured at 4'/r feet above ground level, or the single trunk at Its most narrow dimension, whichever is greater. Director: The City of Denton Director of Planning and Development, or the Director's designee. r Dripllne: The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground. Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water,wind, Ice, or gravity. Grading: The mechanical or physical act of disturbing, moving, removing, transferring, or redistritxAing soil or earthen surfaces. Gross Lot Area: An area under public N private property ownership, whose lot Dries are described by plat or deed. Oro und Cover. Low growing plants,vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Impervious Surface: A surface that has been compacted or covered with a layer of material so that It i Is highly resistant to Infiltration by water. Llmtts of Clearing and Grading: The boundaries of that area of land ident fled in a landscape plan to I be subject to soil disturbance or cleared of trees and other vegetation in conjunction with a proposed development or land use. • Live Plant Materials: 'Live" plant material, Including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plant materials such as, plash, fibrous, silk or other non-live materials ore not considered `live'plant materials. Monarch Tree: A tree that has been determined to be of unique Community value because of its sae, specie, age, form, historical significance, or other unique characteristics. A Monarch Tree Is • specifically protected from removal upon designation, O • Outdoor Storage Ana: Any area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk materials and /or parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or Inspection stations. Temporary Constriction and related activities are excluded from this definition. C wfy Docurr*rft *r4scaps C msmcrtCC 411 Docsu•r CC undsrapa Crdnsna doe SECTION Z Page 7 , 0 arrevr-x. i Permanent Tree Protection Devices: Structural measures, such as retaining walls or aeration ll devices,that are designed to protect the tree and its root systems throughout its lifetime. Planting Area: An outdoor area, the surface of which may not be oovered by Impervious surface materials such as asphalt or concrete, not by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs,groundcevers,fences,walls,and/or earthen berms. Temporary Tree Protection Devices: Physical barriers, at least four (4)feet in height, Installed prior to construction for the purpose of preventing damage to trees. Such devices include snow fencing, chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may be no less than four feet In height,and non-Intrusive to the tree critical root zone. Tree Topping: The severe cutting back of limbs to stubs larger than three inches In diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease to the tree. Vegetation: All plant life;however,for purposes of this chapter shall be restricted to mean trees, shrubs,ground cover, and vines with the exception of state and federally"acted or endangered vegetative species which in all cases shall be preserved. Vehicular Surface Area: Any outdoor oft-street area used to store or drive motor vehicles that does ! not contain darned off-street parking spaces. Paved areas used for drive-through windows, parting lot access lanes,or gas station pump lanes are oonsidered to be vehicular surface areas. Sec. 31-4 Applicability. (1) All property located within the city limits of the City of Denton Is subject to the provisions of this 1 article. Clearing and grading permits shall be required for an properly prior to the commencement of clearing and grading activity. Complete and accepted tree Inventory plans shall be required prior to preliminary plat approval. Approved landscape plans, which may also demonstrate satisfac!ory clearing and grading requirements shell be required prior to final plat approval. Approved plot plans shall be required prior to Issuance of building permits, end Inspected for compliance prior to final inspection and/or Issuance of the certificate of occupancy. (2) The requirements of thl9 chapter will cease to be in effect upon the satisfactory completion of the final Inspection for single-family and duplex residential dwellings. For any other land uses, previously platted lots shall be subject to the provisions of this chapter when one of the following occurs: a. Remodeling or redevelopment is proposed that would expand existing gross floor area of the lot's structure or structures by twenty-rive(25)percent or m xe;or b. Parking V(s)or vehicular surface area($)Improvements are proposed, which would result In an Impervious surface expansion of twenty-five (25) percent or greater, or would result In impervious surface reconstruction amounting to twenty-five(25)percent or greater. Sec. 31-5 Exclusions. (1) Property Doing actively used for agricultural, ranching, or livestock production end serves as the source of primary Income for the ownerAessee Is exempt from the provisions of this arlko. A clearing and grading permit must be submitted, without charge to the applicant, to serve as declaration of exrmptlon from this article. Property Identified In the permit is excluded from any other land uses, other then those defined In this section, for a period of no leas than b years from tsaA the dale of Issuance of the clearing and grading permit. The Denton Munkipal Airport and the Fry Street Development Corporation Boundary are exempt from the provisions of this ordirwr M. The Amended Central Business Overlay District shall be exempt from new planting provisions of this ordinance. C 04 DocurremsUndeupe Ordnance=47 DOCSv61 CC Lendeeape Crananee floe SECTION 2 Page 4 32 X c ( (2) Single-family homeowners may claim an exemption from the provisions of this article If they verify { their status as the owner or contract vendee of the property before the final Inspection Is completed,and verify in writing that they will be the occupants of the home, ARTICLE Ih TREE AND LAND PROMIONS Sec.31-6 General Provisions. (1) Tree Requirements a. Trees: All property shall provide trees at a ratio of fifteen (15) trees per acre (43,580 square feet), or one(1)tree per 2,904 square feet of gross W area. b. Ste: An trees planted to satisfy the tree standards must be a minimum of three(3)inches In diameter at breast height(DBH). c. Soeoie: All trees planted to meet the requirements of this section must be listed on the Selected Species List. No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead utility line. i d. $Dodos Dive:The following Species Diversity Requirements shall apply to all Landscape Plans,but shell not be used to limit eligibility for tree credits: Number of Required Maximum Percentage Si e r of Any One Species 10.19 50% 20.39 35% 4059 25% 60+ 15% (2) Lend Requirements a, Planting : AM property shall reserve as planting area a minimum of twenty (20) percent of gross lot area b. Limits of Clearings and Gradino: The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any constriction activity. The limits of clearing and grading shall designate the outermost edge of the area within which the existing topography is to be altered by outing, filling, and vegetation removal. In evaluating the Limits of Clearing and Grading, the Development Review Committee shall determine that reasonable construction design p ricIples, practices, and installation techniques have been employed to minimize areas subjected to disturbance. The extent of land disturbance shall be minimized, and shall accommodate only the following actMlies (1) Street construction and necessary slope construction. However, such clearing shall meet the Criteria of the City. (2) Public service or utility easements and rlghts-of-way. This shall include areas for utility line Installation vAh any temporary construction easements necessary for such installation and easements for maintenance access, These easements shall not be cleared prior to actual line installation, Temporary construction easements shall be located to minimize soil disturbance and tree removal. (3) Building roof coverage area s'id ancillary structures, such as covered patios and porches, plus up to 10 feet on all sides lof Construction activity. 1D (4) Driveways, alleys, walkways, I%arking Ws, and other land area necessary to the Installation of the proposed devet omen(or use. Other necessary land area may include yp area for tennis courts,swimming 1 oots,and related structures and uses (5) Area for septic field as required L. va Utility Department, This shall not include area ` necessary for reserve lines until such lime as the reserve lines must be Installed. C Wy DoNminIALande epe Oranancs=44 DOCSw-y cc umdKape Ot"na ea SECTION 2 Page 6 1 L 32 X A (6) Sediment basins. Only the area necessary for the construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation. Configuration of the basin shall use natural terrain as much as possible to mintmize vegetation removal. Any vegetation that dies as a result of the deposit of sediment ardlor debris shall be removed by the property owner. " (7) Detention ponds. Only the area necessary for the Construction of the dam and the area necessary for construction and maintenance of the Pond shall be cleared of vegetation. Configuration of the pond shall use natural terrain as much as possible to minlmize vegetation removal, Any vegetation that dies as a result of the deposition of sediment andlof debris shall be removed by the property owner. (B) Other types of construction,or land aetivky associated with constriction, not listed In hems 1 through 7 (above),that are necessary for the reasonable completion of the project. (3) Street Trees(reserved section) Pending ComprehsnsNe Plan completion; this section Serve$ at 1`10ftstion that the CNy of Denton Intends to implement street tree requirements in the near hifura. CNy"s4-way shoN be used to lnslaN st sef trees; street trees may be used to demonstrate compNems with the 20 frees per acre standard (Section 31.8(1)x), but ajjacord City nigMs-0f-way may not be used as credit toward the 20%planting area requirement(Section 31-6p)a). 1 (4) Trss Credits a. Preservation or existing trees maybe used to receive Credit toward meeting the Tree Standard of 20 trees per acre, If the trees are healthy and without substantial damage or defect. Tree credits shall be earned In the following Increments: DBH of Existing Tree Tree Credits 6 to 12 Inches 1.0 12+ to 24 Inches 1.5 ' 24+ to 38 Inches 2.0 38+inches 2.5 b. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way of easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal Instrument considered satisfactory by the City Attorney. c, Tree Credit Protection Measures: Tree credits wilt not be permitted unless temporary tree protection devices are Installed at least to the limit of the critical root zone or the driptine, whichever is greater, during construction activity. The following activities shall be prohlbked within the limits of the critical root zone or dripiine of any tree being preserved for credit: (1) Physical Damao e: Any physical damage to a tree preserved for Credit that Is considered . to place the survival of the tree in doubt shall be eliminated as a Credited tree• Tree topping Is prohibited for trees preserved for c edit. (2) Eclufoment Cleanina and Liquid Disposal: No equipment shall be cleaned or other itquks deposited or allowed to flow overland within the links of the critical root zone of a protected or monarch tree This Includes paint, oil, solvents, ssphak, concrete, mortar,tar or similar maleriais. • (3) Grade Changes: No grade changes (cut of fill) shall be allowed vrtthin the limits of the , p critical root zone of any protected tree unless adequate Construction methods are approved by the Director of Planning and Development, 0 (4) Imporvlous Pavino: No paving with asphait, Concrete or other impervious materials In e manner which may reasonably be expected to kill a tree than be placed wkhln thu Hri of the critical root zone of a protected tree, unless otherwise specified within this article, cwry 4-?oocswa CC LandwApq oransna i x BECTiON 2 Pigs S O 1 eR0a06Y (5) Material Storaoe: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed Within the emits of the critical root zone of any protected tree. (6) I=Ahachmenig: No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected or monarch tree, (7) Vehicular Traffa: No vehicular.and/or construction equipment traffic, parking, or storage shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement This restriction does not apply to single Incident access within the critical root zone for purposes of Gearing underbrush, establishing the building pad and associated lot grading, vehicular access necessary for routine utility maintenance or I emergency restoration of utility service or routine mowing operations. (5) Monarch Tnas ` Monarch Tree nominations will be prepared by the Director, during Landscape Plan review or after the evaluation of noninaw proposals submitteA to the Director. Those specie with a minimum r diameter Identified In the Selected Species List (6ectton 31.15) will be eligible for Monarch Tree nomination. Any other tree specie with a minimum diameter of at bast 76% of the haling in the most current publication of the Texas Forest Service bra Tree Rearstry are also etigibie for Monarch Tree nomination. The owner of the property where the nominated tree is located may confirm the designation in writing. If In disagreement, the property owner may appeal the nomination to the City Planning and Zoning Commission, where review and final decision will be made. Upon designation, removal of a Monarch Tree shall be prohibited unless permitted by the Director for reasons of disease or damage. k (8) Resldentlal8ubdivlslons a. Residential subdivisions may demonstrate compliance with the 15 trees per sae Tree Standard by calculating the average number of trees per eve for the area contained within the entire arbdivislon, b. It a residential subdlvlsfon schleves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, Including land required by the City's park dedication ordinance, or to be maintained by a homeowner' association, minimum lot size may be reduced by ten(10)percent in order to realize the maximum density snowed within the zoning district, (7) Publfe Property a. NI lands owned as Individual lots by governmental entitles are subject to the provisions of this article to the extent allowed by law, The City of Denton appreciates the participation of federal, state,county,and other jurisdictions in the management of the Cty's tree cover. r b. Construction Projects located within Public Rights-of-Way and Easements: The area defined • by project limit lines will be used to determine tree standard compliance. Trees removed must be replaced on the same basis used to calculate tree Credits. If reptacemert trees cannot be 4 • • planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans. { (a) Functional Requirements e vwy Doan s\LAndwApa orsnomeoCC 4.1 DOCSU-t CC Landswii Ordinancs doe SECTION 2 Page? ,.. � •.r. � r � 32xI ❑ • c a. View Obstructions: All landscaping, trees and screening devices required by this article shall be constructed, installed and maintained so as not to obstruct the view of motorists between r the street and the access drives and parking aisles near the street yard entries and exits, nor Shan any landscaping which Creates an obstruction or view be located in the radius of any curb return. b. Traffic Barriers: All planting areas, including critical root zones around trees and those used for parking lot screening and Interior landscaping areas, which abut any parking tot of vehicular area shall be protected with curbs, parking blocks or similar barters sufficient to protect vegetation from vehicular intrusion. c. Plant and Planting Quality Conformance: An plant materials, including replacement trees,shall be specified and planted with plants using the standards of the most recently published version of the Qm�rican Standards for Nursery Stodc, by the American Association of Nurserymen. All plants shall be clearly tagged by the providing nursery for easy inspection with the Botanical Name. All landscaping shall be Installed according to sound horticultural practices, In a manner designed to encourage quick establishment and healthy growth. d. Slockpili : Topsoil that is removed during Construction shall be stored onsile and oonsmed for later use in required planting areas, ARTICLE IIL LANDSCAPE REQUIREMENTS Sec. 31.7 Specific Landscape Area Requirements. (1) Parking Lot Screening and Landscaping a. Perimeter ScreeninC: Any parking lot or portion thereof that Is visible from the public right of way and contains 10 parking spaces of more shall provide perimeter meaning, The perimeter of each parking lot, excluding driveways,which fronts upon or Is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (38) Inches and installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) Inches apart, edge to edge. Alternative shrub spacing may be used,with the approval of the Development Review Committee, when It can be shown that the selected shrub species growth pattern differs significantly from the Speclrtq requirements of this ordinance. The use of berms and planter walls will be allowed to contribute to Installation and mature height requirements. The elope of any earthen berm shall not exceed one foot of height for each three feet In width. h 1 I Interior Landscaping: Any parking lot or portion thereof which is construed and contains forty (40) parking spaces or more shall provide permanently landscaped areas consisting of islands, peninsulas, medians or adjacent planting areas One canopy tree shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every five(S) parking spaces. At least fifty(50)square feet of planting area Shan be provided for each required tree, and no parking space shall be located more than fifty(50)feet from the trunk of a tree. AM Interior landscaped areas shall be covered by trees, shrubs,or ground Cover. C. Compliance with Ire g and IanQ repuirement: The trees a planting areas used to comply with f) the parking lot screening and landscaping req dremenls contained In this section may also be 1 used to demonstrate compliance with the 15 trees per more standard and the 20 percent l,t✓ planing area lot requirements contained in this chapter. 1 d. Distritwtion of landscaped areas: The required landscaped areas for parking lots Shan be more or less evenly distributed throughout the parking lot, although adjustments may be I C w„Docurr*r&Landfcapa 0rd,msm@ CC 4.1 DOCSN-1 CC land"re Ordimanu doe SECTION 2 Page$ w 32 El 'amnwcsn , 1 1 ':X6WN approved by the department,where the shape or size of the parking lot,the location of existing trees or other natural constraints reasonably prevent such distribution. e. Vehicular Surface Areas: Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screenirsg Is required as Indicated in Section 31.7(a)1. Interior landscaping requirements shall be met by providing one tree per 4,500 square feet of VSA, G and one shrub per 1,500 square feel of VSA. Tree canopy cover shall be evenly distributed ` throughout the VSA f` (2) Outdoor Storage Area Screening a. Any outdoor storage area,or portion thereof, must be screened from public rlghts-of-way using live evergreen screening plants, six (8) feet in height at Installation, spaced no more than eighteen it 8) Inches apart,edge to edge. b. A fence or wall may also be used for outdoor storage area screening, provided 4 is at least six (8)feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Dumpater enclosure openings may not face public right"ll-way unless they are gated. 1 j (3) Sufferyards a. Sufferyards shall be required under the following conditions! (i) Mufti-family uses shall buffer when adjacent to single family or attached housing uses. (2) Commercial uses shell buffer when adjacent to single-family, attached hot-sing, mufti• family ,and baser commercial uses, (3) Industrial uses shall buffer when adjacent to any use, Including lesser Industrial uses. b. Plant I materials, walls,or fences may be used within required yards,as specified in Section 35.91 of the City Code, to buffor adjacent Tand uses. Trees or plants used In required yards may be used to demonstrate compliance with other sections in this article, Sec, 31-5 Maintenance (1) Meintenenee Requirements a. The property owner or hismer agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials as may be required by the provisions of this article. Once the final Inspection has been completed for a single-family or duplex residential dwelling,the requirements of this article no longer apply. b. Aft plant material and planting areas shall be tended and maintained In a healthy growdng condition,replaced when necessary and kept free of refuse and debrle, . c, Fences, walls, gates and any other outdoor structures shall be maintained in good repair. Openings within the borders may be required by the Director for sooeulDllity to an area for 0 • necessary public maintenance, c (2) Irrigation C'.NryDocun*ml%%andsu paOrdnamuTC LTDOCSwfCClandsupaOrdnancadoe SECTION Page /`^/ ] a I 0 , =+laairar . O ' ;Mlle" I Irrigation Is not required to demonstrate compliance with the requirements of this chapter. However, property owners should be aware that proper watering Is critical to plant survival, particularly during the first three years after trea or plant installation. With the exception of single- family residences, trees or plants that era required as part of an approved Landscape Plan must be replaced If they die. Irrigation is str6%ly recommended to protect Investments In landscape materials. ARTICLE W.ADMINIS'f RATION REVIEW AND PERMITTING See. 31-9 Administration, Review and Permitting. (1) Plan Submissions a. Tree Invenlm Plan After the effective date of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree Inventory plan. The tree inventory plan shall delineate site trees by type, size and species. An Inventory map shall delineate tree cover by identifying all stands of trees with similar characteristics, such as specie, and defined as areas which r Include the outer perimeter of the dripline of individual trees. Notation shall be included Indicating the range of height and DSH of trees within the areas, the predominant species within the areas,and the general appearance of the trees with regard to health. b. Landscape Plan The owner of any property to which this article applies shall submit a landscape plan In the form and manner specified by the Planning and Development Department before the approval of the final plat. This plan can be combined with the tree inventory plan. The landscape plan shall contain sufficient detail,as specified by the department,to show the following; (1) The location of all existing or proposed subdivision improvements, buildings and Impervious surfaces; residential subdivision landscape plans may substitute limits of clearing and grading designations for individual Iola Instead of detailed building location and Impervious surface information until the time that a plot plan Is required; (2) The limits of clearing and grading proposed for the project; (3) The location, size, species, and health of all existing trees intended to be used for tree credit purposes, Including tree credit calculations and the methods proposed to comply with preservation requirements', (4) The location, size,and species of all new tic.-,s required to meet the Tree Standard of 15 trees per acre, Including the calculations that show how exiting and new trees 11 comply with the ordinance; (5) When the perimeter and/or Internal landscaping requirements for parking lots apply, the size and location of the parking lot(s), the number and striping of parking spaces, the calculations that show how many trees and shrubs are required, the Welion of required plantings and planting areas, the illustration of tree canopies as 50-feet wide radius circles; (6) When the property is required to provide screening for outdoor storage areas, the location and specification of screening materials; (7) When the property is required to provide bufferyards, the location and specification of bufferyard materials; � (8) The location of topsoil storage areas; 0 � (9) Identification of any trees eligible for Monarch Tree nomination: and y. (10)Such other Information, as specified by the department, as may be reasonably necessary �a to administer and enforce the provisions of this article. c. Review and Approval of the Landscape Plan, C Wy Docurrrnis%arndsup*DrdnmcMCC 47 D0084-1 CC LemdrraM orcmnrrnu dx SECTION 2 Page 10 _ _. T � I 1 1 I I r r i { t The Planning and Development Department shall determine the completeness of the ( submitted Landscape Plan within two (2) working days. The plan will be referred to the development review committee for its review and approval. The committee shall return the plan to the department noting thereon its approval or disapproval. It disapproved, the oommittee shall specify the reasons why the plan does not comply with the provisions of this article. d. Plot clan Before the approval of any buliding permit application a plot plan must be submitted. A plot plan for residential, mutts-family, commercial or industrial use must be consistent whh the Landscape Plan and it must show the limits of grading and clearance for buildning construction and Impervious surface Installation. it shall also Indicate specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees,and new trees to be planted. For projects with detailed site, landscape, and constnrdion documents, the plot plan requirement may be waived where all Information has been previously provided. (2) AltsmatIve Compliance for Large bibs a. If the platted property Is over two was in size,the applicant may request permission to create ! an'aVicial lot'10 satisfy the requirements of this chapter. An Wiidal lot is Intended to provide administrative relief for large ones that Wit achieve planting areas that exoeod substantially more than 20%of gross platted lot area after deveopmeM Is completed. The Director sham approve the creation of an artificial lot only M the spirit and Intent of this chapter WM not be violated. If approved by the Director,artificial lot Ones shall be indicated on the proposed Landscape Plan and shall contain, at minimum,the total amount of Impervious ' surface coverage,Q>L.}i 20% of the area inside the srtifidal lot reserved for required planting area, b. The area within the artificial lot Ones shall provide trees and landscaping in compliance with the requirements of this sedan, and may not extend beyond the property boundaries of a single platted lot. c. The area outside the artificial lot shall be maintained as planting area with live vegetation determined by the applicant. No trees bested outside the artificial lot lines may be used for tree credits. d. The ortifciat lot lines shall Include areas that, in the Director's opinion,are highly visible from public rights-of-way or are necessary to accomplish bufferkq of adjacent properties, Sec. 31-10 Enforcement,Penalties, mod Fees � I * t (1) Bond/Cash Deposit i In lieu of Installation of the landscape materials prior to occupancy the applicant may post a bond acceptable to the City, conditioned upon satisfactory Installation of the landscaping proposed In the landscape plan. (2) Pensltles That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 5500,00• Each day that a provision of this ordinance Is violated shall constitute a separate and distinct off ense, Sec.31.11 Civil Remedies r (f) onfoorcethe provisions of this�chpter and to seek remedies as snoweeddlby low, Including but not t ilmlied to the following; cwtr D -^maM"ndgeapd odnAnc@ACC 41 DOCS�*1'Cc Londm"OraNnef ace SECTION 2 Page 11 - ;r K 10 32XIO y l • r{ I Y •I ' Y 5 y � • s Y ' k 4 1 1 •] yli 5 r aumnm� •,e.>Jti�'s, :!'.`'U.iN�'iY.w�fft'I�.t�'.;:lti�':�,:�'1�."/�iS'L YK#t.Aw+dvin.e.., .. � ..,... , 'I I I a. Injunctive relief to prevent specific eonduat that violates the ordinance or to require speclflc �, + condud that Is necessary for compliance with the ordinance. b. A dvn penalty up to 51,000.00 a day when h Is shown that the defendant was actually notified ,< of the provisions of the ordinance and after receMng notice oommWAd ads in vidation of the ondinannce or failed to take action necessary for oompnenoe with the ordinance. Sec. 31.12 Appeals r Unless otherwise provided, an action by the City in determining oomphanca with the tense of this article refers to a determination by the Planning 3 Development Department or the Development Review Committee(DRC), The rievetoperlOwner of land subject to the requirements of this chapter may appeal any determination by the Planning b Development Department or the Development Review Committee under this chapter to the City Council for a final dadslon. The appeal shall be In wrlling and shall be filed with the Planning and Zoning Commission, which shah make Its recommendation to the City Council. The City Council will rod review the appeal of any determination r , by the Planning d Development Department or the Development Review Committee WOW het obtaining the recommendation of the Planning and Zoning Commisslon. No pit of permit shall be approved by the Planning and Zoning Commission which vertes the terms of this chapter or which ti does not comply with the Planning 6 Development Department or Development Review Committee 's determinatan WL'xxA final resolution of the appeal by the City CWVN. 1 Sec.31-13 Fees The City Council may adopt a fee or fees, in the amount to be established by ordinance, to administer and enforce the provisions of this Chapter. Sec. 31.14 Conflicting Ordinances M ordinances or parts of ordinances In force when the provlalons of this ordinance become effective which are inconsistent or In conflict with the terms on provisions contained in this ordinance are hereby repealed to the extent of the conflict, i Y �I i i t. C Wy oawMrft% a+dwaw aandr"=4-1 scan?00 tandewo**,SON&C SECTION 2 Page 12 - - --- 25 M to 32x10 1 elf ' O l Sec.31-13 Selected Species List. Large and Medium Trees Common Name Botanlcsl Name Native Haight xisting Street - Common Width Tree Credit Tree Caddo Mapl* Acw bsrbstum 'Caddo' W a 4cr •M IT B ooh M*Pls Acv WlAC5dQrdW1UfM • W r 30 •M Ir Tess Buckeye AascWw W9uta • 30'r 20 CAit4mxood BurMlla Isn int N_ • 40 r 3o •M 14' Pecan Ca a illow4mus 4 W rW • Mae' &ack Mkh e s lesans W a 5q • 30' Oeodv Cedar Cedrus d*odwa 40 r W' erlcan srVokeftea Cognus obbvetua w r Leylond Cypress Cupressocy04ris leyllr4l 40 r 15 4 M 21' Prim Arizona C got u anus srizonla 334 0 • Texas Parslmmon rw ta✓<aM • W r 20' •M 10' Aecera Common Perslmmon rw vl clans W a 3C •M 27 Accent WMts Ash Frakinus vnerlCana 4 W a SC •M Jr taxes h raxinus leaensis • W a 4 • Primary Thornless MO Iocwl Oleddsietrlancenthoe Ihermis • W r W *M 15' Fors N oiil0 ens muoc a • JO'a 20 Black Warnul Ju91an*nlpre • W r W 4 } Rod Ceder Juni s Virginians • 40 a 1 o' 4 Canaan Juni Junl of v InlaM'^.aMerv, 30 a 20 Swe*1 Gum L uldsmbar a reG}Iaa Cultnan • W a 40 • 7e' Primary Oa Orfn9e__ _ *Gun rtdrera'Panc' 4 W x40 • 1' MCNa 10-44 obe ue aroa' rultkess' r 40 Ta4ss bW lb*r orua rubrs 4 40 a 4cr Black um N seas ?+Ilia • W a 3' 4 Aan na Pdtw a UM$ 40 r 0 4 Au•b14n IM Rnua a 40 r S' 4 MMN PutacM stachis chinNls 40 a SO' • Accent London Rant Tree --i�atanw ac olis W r 35' • P+l 6 amore Platsmvs occiderdano cuANers 70 a W 4 Cottonwood w"dooldsl cualrers r 4 IOWen ear rufu ant' letoersY a SeMooth Oak Ouercw Saublime W a W 4 M 21' Prima E4u ant Lrw*Oak wrcw s ormis s �40 • M W' rim Dry UC ak IArCU1 aucawol • ba a 45' 4 M 2r dm D it Oak mamac�ro�car�! 4 a 4 •Maw rim chinquapin Oak uarcus rn! a�I 4 w r 45 •M 2T Prinary ofa 0 ak sof a 4 0 140 •Is 2ir j w Oek wrcus 61106 da a0' 4 JS' rlm!ard Oak uarcw shumerol 4 70 r Oak uarcus steed! • W r 4r' 4 M37 ` Taus Red Oak Ouarcw lerana 4 JO a W 4 M 26' Acted Coaslat Live Oak OWrcua WONWA curivar4 4 W a W •M N' ' Was n row a babvionica 41Y■ *stem a flapiriduo apponans v.'Orumm We 4 W r 20 4 M Iw Bald Ns *sodium distichum W r s W' PrifrAlly fAIFM Linden Nla eordaie a4 t m Win d Et n Ulmus elate 4 'a 40 a M 1 r Pnm Amenun Elm Ulmus smarleans 4 17 it 0 •M 2B' Cedar Elm Ulmus aeaslrol'u 4 W a 40 4 M tY nma lecebsek Elm Ulrnus a"Rolle W a 3T •MIT Prima `- rim ua rvbe 4 Os OMIT' Note�_I Credo Is limited tO lhOte soe�e inC celed by a'•'symbol In the t aistin9 tree.CrOdit»lumry M Indicates apeok and minimum diameter for Monarch Tree nomination. TMy are?seed at SO Percent d that (race caliper as fisted on the Current Texas Forest 8er0cas Big Tree Registry:other treat listed on ale Selected Spacles List or on the Btg Tree Registry may be nominated lot Monsrdl Tree statue N 75 percent of that specks Caliper. C#hy OoeunlenteLLand*upe aaMncelCC 4.7 DOCB*7 CC Landeups Drdinanee doe SECTION 2 Page 0 �y C 32 x Mow,"a Accent! Small Trees and Large Shrubs Asigria I rotating tram Street Common Name Botanical Name Native Width Credit Tree mar a Aeade rcemenana 5'x 15' Wright Acuis AGda w' hbi • 15'x 15' J newts k Aar PGIMMUM oultbaret 15'x IV 61111116, - BGtst Buda a Aeeeulu• r1a • 29'x 20 exas odrone Arbutus 1 anus • 25'x 20' Amon Betliebrush etlislernon odtnus 15'X I s' Weeping bodlobfush t ks emon vIrriinslis x tv Ne1kM Hacks Celbe Micdeta • 25 x 2Y M- a o erda CencAlum miu ttum x ed" CerolseanadMela (eumwan) _ • 25P a ' Oklahoma edbud Caro4 GnadMelf IaMels tstxxma' • 'x le' •M Accent Forest Partity Rodbud orenanadaneif' 0i aney' W x ' Taxes Radbud Cards Gnaaw ela lexons4 -s 25'x 20' Dxnat M" CNto sis eases • x l e' exae Persimmon Dios fa kxMa • 'x • 1 Kidneywood EysonMrAia ftacn a • 20'x 12' re aM Mh Fnx lies a• u • 15'x 10' N la to fm Ho lax ui num' ere k Stevens' X x 1 ' Bullard Hally Ilex tamuta'BuAVd' 21 x 1& • AooeM 1 Pauumhow Holly Its d•cidua • 15'x 10' '(Supon Holly li • votes s ACWt Weeping e riot,ve mota mwfrs 1 x osier Melly e2 Ilex x imam usta' awes'a2 y- Accent M Junl t Jun' Ns axhel • 5'x 1 ' OCk OUntaln Unl r unl W kwm 'x QaldonrSiri Trail KOWMANPA nk " 'x Cra M rte U ntroamla InCcs rtn an 15'x '1 • 11 nt bwerkl G a a a1u1 h DMa cu1D'/en WK 20, 6outham Wu nla M rW Cortforg • 13'x 10' Red Tip FWinum Prialn4frow 'x Is' (;NMN PhOUM18 "min is son)" 'x IV Javanese lack ine Tun r 1 x R exaa Plela04 etada wltr4l• • 20'x 15' Carolina CM1 vny Level Prunus carolinlana 5'x s 1p t sxk:M Plum r'runul mexiea IS 1 SIN—t — a Accent Flithinoods Plum r IFX ' Carolina buckthorn `hhamnuf aronniane • X, Nis' O.Mocithourroc Ithus glebra • lama-bd umec hus kncootak • x Is, vat Nadises Tree ors ANO • x • Acmd wN MORP Laurel ors sacundi ors 1 D'x 17 41111 lir AoWl exlan uoN e U nadia 1164,01118 • k • ` w1 laekhaw burn Affieluturn • 5'x Vltex Wax agnuscAl" • is,a w OR 1w • I loo e_lTres credit Is lim ted to ths*_sk%#JN baled Oy a'r'aymtwl 1n the Ex tim Tree Credit,CO M lnd�atee specie and minimum dismeler for Monarch T% nOminatbn, They e»Meted at 50 wc*rd of that trees' caliper as listed on the current Texas Forest Services Big Tree Registry;other trees Mated on the Selected SPea46 list t or on the Big Tree Registry may be nominated fa Monarch Tree status al 7S percent of that apeolas oaMper. CW yDaumena%omdfespaadVrtsne"C4.1000814.1CCLMdfapoCidlnanadx Inr10N2 Pape 14 t 7hxi 32X 0 ' f Shrubs Common ga-me -Botanical Name HstOht 11Y dth Glossy Atwlia ADe Edward Oouchr Abel's A. a ad GoutMr' e x s 14 '3'■ Prostrate ebet4 Abells prondiflons' rNasti 2'1 if I Ja rase Atuba Ica 4's 4 --_. 0lela Bar ens Tunber I' a V 1 4' MA;bar y BerDerts TunberOA Cnngan Omy' 7'x r rvneM OMY Barberry mane Tun OII mien OmY' - ---2105' J Ja rase Boxvrood us Aa ka culwars tlr x to e 0 eA amrluna f 1 Buttonbush halammus occlderttars a'x e' _ off Flower uI1144 "as M kwen Duke O kaa '1 x -q ON wwood comus u II 6,a �a 11 r so Cortmdetla i4illoano x liter Cownessw cutWaq) Von" bbiny'� f�Nrberry leaQnW x ottengel OWJa nNe Atom Flula I nlu 10'110' . N4 asvy,a x r a 1 e' H um um II a 7 Ndl m ally NOR MOUIS DwIM Burf«d Morry Itex cornuta' urfordl Nana' r x 4' ana a Hay VWX corrms tonirsa, 4 1 Dwarf Honied Harry Nx cornuts'Roturds' WIlsonHolly ilisix c«nut!witanir 1 Dwarf JaDomegTfa Ilex cravat! ompedi 4x4 i Mosier jolpfrose H04Y BOX cronsta'Hoped 14� a YoUDGM Holly lisix vornlorla' anl' Dwarf Pfktr JUNDer Junlperus chnsinesIs'Pliblersna Compods' r a 0' un —_ iufipwus chirmsmois-plitrefam' 6 x'10 Blue Vale JuNper JunlperW Chlnenele•Blue Vag' 6 x 4' • UNDIf JUN W conliou 1 Ja nose rden Juniper Junl ue ocumWns 2'x e' ,tn a troemis Indka CWWen x 4' Prostrate Crops,F4 nM Sgerstroonnis lndkJ Culavin TRY antane LA Irs YAM" ' j age e um NCMe CURNan VanN eM1 r NnNa rivet Nustrum smense eragat! x iant LM s ��..00PS an[N 'x Ile suckle _�a a1d orl e erle a rills s a a el r4a a"Str oAets '1 l�iM an M mastics curAven Von" Com Nandins NMdiM mftWA' Om s' '1 an ins an M m"WA MaraOV x .�,,��A me1ranate Punka awtum'NaM' e'x 4' _* veF Tout tsar o Culwan vlrN1 n ant urnw ut aromltica 1 ' . og me osmannW era u1W u 1 ' ' eve r orlon IoDra a wan x �en�vrelthpeso dreg pun_�a ♦rllteySie py+N N a Vanh0lRlei V 1 e' G«atpr rrrprtq krD010rbkulatw x 7' • ID • C Vvly DocumenlelLamdaaps(>dnonco=4.1 DOCN.?CC UndscapaOrdvtana(IM SECTION 2 Poge ll 3 2 x LJ n kp X' 1 - Oroundco'ririlBiddl---PI�n6 ) I rpua w epx rr "• vomme vwww n r uorrynan Juniper urvparua ombrlm i unun urvpens is 1ruffivers) epaneee Uwden itAipw 7u rip"proaffriwis kcawvrv� ope vera Virginia CNW u p a a - w'� muro coral --.._-_----•- e parson opu u Vine R.-gfDNN upr a 1 rumpol VIVO 8 T"Is r Italia e' VFa a CorMis jorsirmin e aem m aampery ren ivy n an HSIP e Honeysuckle on un poniu a ena -L'6nTRoneyI on anfampa line oa on ivy parlmorRmus oncuspidws toriamporel or ape rape Vne e v r -Tiponva a e a _ ie a a m ` ass �aena � '• non"f__ ,__ — COmimonNama _ -3g-m am Affidrapogm per i er$reaam — Bawaloa"ahardides Kood urass collm"M14 app Irlind sel usli Visimbmthiurn um 'Timai rau cadadord 1410ded Lemon uposs cyMbOKIWaRralui uq'9 nuns umepru• u ut SIMMUS Opp 1 �i ei en naa miscarim alnensivurbenmus l It ob'd Ural a mlicAnKul alramics a 'VerepT—if Panefa sr naa MIKSFUFV one "ATA , Tap a MONWborgis Imp" 'tindh6mWs VuhyT— m u h I on Do r ima sp UWRY - mum ir rw a ours mean onraf um opaau CuryTFou "rrprafa en m lootKftm RUWUM FourqoIngross pavimm opp Black Bomb= Y a Wo •Sluestem — um Psrvm wn UrA68411 ` `Bu�Ifio rasa Buc7svot a a O amu a Oro fs cynMon aRrylon a aT�IF acw—"— as pp .'b ut Augusime Moo IsTeRcupli rum u um 'v 1. of ..._ oya-a DP c wh aocumenia,uneacep.amnancNCC�•y D@CS 1.T CC lanMeapa as nann Ooe SECTION Z P190 16 32x ❑ I A r r. f `, Pu�nnLli 1 � n , m ram «tow l WD uugwwwd AjUga OPP a es r a WP � . ` UU SK u O-9 V- PP rnr un an u^ n ryu I x gworm rs «mu ll) wriwaroug lows `Srid Vrsy 7 ^u muM C;004 Ipp tx Y -6«I u euoFmi gmnamorum MOO o a "r LIMON SM « « um spo '7�r Loomuffe LytMAO-91 00 Y, -95w6a meloff"Ourn lexarcum ON Y �u u 'UUiRoai ROOM ET -rim— NOWA SO MAPS 17M OM r "—P is ifiG Id —r To FK14K s nI M KWWM lL1'ofi- Mow rx+ FOIWMII so m r4 7 1 mmm NP ' twoo Q opp sadep In Vow"FS i C my DownrMALsmdsapr Crdimnw`iCC 41 DCCSUa CC Lwdv a Cr&sme ea IECTION 7 Pop•17 k 4 MINIM + ^r 1 I ftwulwa ,n ✓R1a,',:1f j.:,.�n�ln 'Ky�C`Q"SK_�} �i'id.Li:a'�ltlai4r�Ynm.+..».. .. ..«.�:• I J Y SECTION III, That any person violating any provision of this ordinance $hall, upon oonvlWon, be fined a sum not exceeding$50000, Each day tat h a provision of lt>ts ordlnanee Is violated shall constitute e separate and distirxt offense. SECTION N. That 0 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 shah not affed the valldNy of the remaining portions of this ordnance, and the City Council of the City of Denton,Texas hereby declares it would have ended such remaining portions despite any such validity. $ACTION V.That this ordinance shall become effective on May 1a, 1998, and the City Secretary Is hereby direded to cause the caption of this ordinance to be published Ivdcs In the Denton Record- Chronicle. a dally newspaper published in the City of Denton,Texas,within ten (10)days of the dale of its passage. PASSED AND APPROVED this the day of 1998. 1 JACK MILLER,MAYOR ATTEST: JENNIFER WALTER$, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY 1 BY: >A r C Ky 0owmantallardaups ddnaftO CC 4.10008141 CC Landk*M OrAnanee dx SECTION Z Pape If ` 25 K 10 32xIO '� ru r � n , k � r' k` 1 n, h. i Ceram V r n r i nIXV�d.+ll•S1WArbF"11Lt.n xh.+r;+ � .... k Section 3 Specific Cxcluded Area Maps The following Maps are a part of the Draft Interim Landecaps Ordinance • Amended Denton Central Business District Map City Council requested at Mr March 24th, IM work session that the CBO be excluded from the new planting requirements of this ordinance and that certain areas of ft COD be removed from the COD Mop for the purposes of this provision. Those areas are the area between Hickory and West Prairle, the eras between Ekn and Carron, and the area between Locust and Elm and UnNersity to College. • Fry Street Development Corporation Boundary City Courtdt requested st their March 24", 1998 work session that this area be excluded from fire provisions of this ordinance. • Denton Municipal Airport Boundary City Council requested at their March 24", 1698 work session that thls area be excluded from the provisions of this ordinance, I I i i CWb tbcumaMrjandaaapa OranamulCC 4-t DOC84paans Area Mps ft SECTION! Pape 1 3 2 X 10 ISOM e• r , Amended Denton DiStFiCt Map IF All. •-a»' rows T ,, .... . ,T.. e LINS , JI �:,.. TMU CAMPUS k ; Carr Jg � i�'l r 11 , a I» ! r . _ � ff --=� �� ��Y �� I r ill bw �� '° 'mss � t��l � �J� �' 0 •�l f C%MyDocumuollL 6meaMOfdnoml41DOCWwffCAt O MAO doc NOTIONS Paget _ f I �� 32A I e I C O I Fry Street Development Corporation Boundary lti l.__J alb ��I}G� L]O1(�`����°'.j' '° I ❑ . p P j O I`� M ' •per �_ d Q, f nPiall RW 0 ii !% c�� . . I — p yl I : i Gr� • i � • 0 ����D7© d • 1_ 7 �f. ff77 p 0 . W f. o�'—P��J C'• �'d 4 �aI ��°,Q° �} � ° g� •� e3I?i Fes. • `�.. .,IIQ��lSaJ�[7 •� YGi� G?ul! ° L�Ofl' V/ I$ 4 0 Q9 V Q p o lao d °Oee4Pp pp j g b i f t= �doo0do 'I D Ce 11+ 6 I Q LL to!i�!$' � o LEI a•� af� i �� n oip i� ° N �' 9 "iJCtb�p® ° 0 U. %0 . QI w Ob o°ao, ati Li M ir { I.n a L n_ ld 1J_ � C`My DaumenWL•nd"p•Ooinwics=0 DOCSZWticArea Map$doe SECTION 3 Pap#3 I amps" Denton MLanicipal Airport Boundary I i "J7 - I - I IIII M ®® ® ® r ikk I f11, I�I� 1 1 `. .' L ; Nair NJy • tip + a � • • MUM�' II 1 C uy oocu"MaUmd6nps GrdAst tCC 41 DOC"pftft Am MV@ doe SECTION 3 Pape 4 I 10 :v { t, 1 A H i r ..NK}M.MMf4Aar,7.r'Wi'4.T k%�i1m'Otm rw.r ♦ �. Y�,rd W':1 J'#aG 1L x'u .,.. .... .v. ..R.. I 1 i SECTION E_ g t '139 _ a r Al.� i'., KJ` I {r !r rsrr .rvrr rrrr r"r� . rTpp r A w C, rrrrrrrrrrrr Ir !i rrrr O WN 1 0 � UJ ^ > Q W ' > Q 00 a r Z W W J�4 G OI C vy Doeu"mmU+sup•aamsrocMCC 4?WCttft MC"doe SECTION 4 Pogo --_ 2.5 32 x l d 1 L. � L + L0 L , LILILIL LOL I ^ , _ , r [ SECTION 4 Tlt=sa YYomoe"s u 1 Ilk tp Awts! Photo � s °4 t c � 1V fY + !, a " � t " I . , 1 � ] � r 1 v � 1 .i',6: Y b� Y,� r S '.r•rr �1 -,y �� 1 � 1 �1 , k d� I �` , r t 1 Y t _ Y ✓ I , r ^ ,IR ,1 F ro s + ` Iii f 1 I n 1 r r •' r r 1 01 :altars Section 5 Metroplex Industrial Sites 1 C r r r t , i 1 1 y t i On Friday, March 2?*, 1998, Ken Burdick, Vice President of Ecoramic Development for the Denton Chamber of Commerce and Dave Noble of TramfneA Crow Company took Nancy McBeth of the PWV*v Y Department to a variety of 4rdustrtal @Nos they had chosen around the metroptex as examples of whet they considered sooeptable landscaping for those types of projects. Staff took a photographs of the t examples they pointed out to us. The following exhUts portray those projects, and are followed by atafi f observatkx>s while at those:fifes: ,C I 1 1 A � r T C Or DmurmOsUnda+pr+Ordnanc*=41 D00"Iclan 6 Cater doe BECTION I Page 1 .Y 1 4 �� K 32x1 ❑ .t i 0 \ S r L L i y 4"""1"1 rH'.r t1 '1.$'1Fj�ey� ,77.i�+ ( i1p .jc'yy� i .�,1�y►�y( �{' 'ti. y,g ',yV i, u DEVELOPMENT EXAMPLE � � r Stnxtur.: Brinkman oevetopmene Wdsr%MP&Muss%Parts City: Lewisvie,Texas I Notes: 0 • Site was developed in 1995 urK er carrel City of Lewisville Landscape Ordinance, Located within Lewisville 'Light Industrial"tolng classiflotion. Not located within a special district requiring addillwW landscaping. M Staff Observations: 1 - n a All landscaping and trees occur at the street side of the main&Mute end at the entry. No landscaping to the tsar and i sides, Landscaping is minimal. No islands between perking fspeces;VSA to tree ratio very high, a _ - - -- 10 32XIO 1 a N i`, �yy. r» J lMr "tyl titt nw` ,t..1 S 'U tsw rV"'1vev—#'f'� 45 ' a va'�, 4'��4 fx[!):- . k �t r3;� il�'.r'�,$'? r4j, .• •!,r;.'ytil 4;: �r ;:�; � T S" DEVELOPMENT EXAMPLE Structure: MJ Design to Development: Parkwesl City: Coppell, Texas front facade P 11 eii4il ws i Rear facade Notes: a Site developed In 1993.1994. Conforms to old City of Coppeli f landscape ordinance which was Updated August, 1997. a Additional landscape was required (3Q' buffer along major arterial). • 1 Staff Observations: 1w z Numerous small tree use;entries defined with landscape trees; some street trees; very minimal parking lot landscaping; VSA oto tree ratio extremely high. w �, t; DEVELOPMENT EXAMPLE Shv. '.,re: The Container Store r' elopment'. Valwood Farmers Branch, Texas Notes: Site was developed In 1995 and exceeded current landscape requirements of the City of Farmers Branch. Currently zoned "Planned Development" a 1 Site is located within the Valwood Improvement Authority an independent organization which manages several properties within the city's fioodplain. Site has deed restrictions which require additional landscaping above city o ordinance. • Staff Observations: Street tree program; otherwise minimal allotment of trees at entry; very few trees in Y parking; no landscaping elsewhere; VSA to tree ratio very high, h YTFd7[f� - O i c 'fh�°a! o'i➢tl4.: .'�a" " 'tti,�7V�:as ,' c`M1r 4"' d'c+1nrN#!°.2Y4i:' lXtRtl 'c+!6•"&.4PRRaP`mr:,4;c+r'+�ttew;., DEVELOPMENT EXAMPLE Structure: Excel Logistics J Texas Instruments Development: Atliance Gateway City: Fort Worth,Texas �R Notes: Developed 1998-1997 • City of Fort Worth did not require any landscape Improvements in the Alliance Gateway Development. , • All landscaping was required by deed restrictions. l a Any new development In Alliance Gateway will be affected by the new landscape ordinance effective October 1, 1998. '` J n Staff Observations: i Street tree program; small trees, retention pond with very bare look;predominance of trees at streets and building entry; no y landscape to rear or side; minimal parking lot trees; VSA to tree reW is very high. 32 X I O 1 l o I� I • ,r ,,, q rY a +e n��rj d °t �y'7.,:uai rt�, P:"�.L��r��E�S4.ti rL�l•°r!$�% n s rye, t +fi• r-p ,.. ,. .,, r. , •., +,.,. .,. e ''� �+ �4x'Y u�`u.$: .�'�?N'!. Ph'Cra+^,fdASgCirlf:. �rdWs�°34M'7"�',6�".0 .,iww•.nrna rLfi•'k.:. r-.ra:[;irwrs�nycr. r� I DEVELOPMENT EXAMPLE Structure: Excel Logistics !Texas Instruments Development: Alliance Gateway City: Fort Worth, Texas j 1 • Notes: Developed 1996.1997 City of Fort Worth did not require any landscape Improvements in the Alliance Gateway Development. LP rn All landscaping was required by deed restrictions. • i • Any new development In Alliance Gateway will be affected by the new landscape ordinance effective October 1, 1998. f tiny. N Staff Observations: mSpecial corner landscape treatment at street Intersection. 32XI El e rA C o i DEVELOPMENT EXAMPLE Structure: Tech Data Corporation o Development: Alliance Gateway City: Fort Worth, Texas h � r F i 1 c Motes: 'c Developed 1997 u City of Fort Worth did not require any landscape Improvements In the Alliance Gateway Development. • n All landscaping was required by deed restrictions. -y .+ Any new development in Alliance Gateway will be affected by the new landscape ordinance effective October 1, 1998. p U Staff Observations: S oStreet trees and landscape at building entry; very little parking lot trees; special street comer landscape treatment; Very high VSA to tree ratio. Minimal landscape treatment overall. e . o '- a 4t;. - �.9i •� . �'P�}' ,.X 4 k .`i�` fJ>;,ryt F M1T w.. . . 1 DEVELOPMENT EXAMPLE Structure: James River Structure: Nokia Development: Alliance Gateway Development: Alliance Gateway City: Fort Worth,Texas City: Fort Worth,Texas i • Notes: Developed 1995-1998 '! City of Fort Worth did not require any landscape improvements In the Mianoe Gateway Development. V . All landscaping was required by deed restrictions, O n • Any new development in Alliance Gateway will be affected by the new landscape ordinance effective October 1, 1998. pStaff Observations: Staff ObservOlons: z 9 Extremely minimal landscaping. Very few street trees. Street trees; landscape at structure entry; a few trees at n Only a few trees at side street, Extremely high VSA to tree parking lot; high VSA to tree ratio; minimal landscaping. CI ratio. COP e •1 r O rt+HSr is '. SECTION Trammell Crow Proposal Analysis of Trammell-Crow Proposal On March 3, 1998, City Council held their fourth meeting regarding the Landscape Ordinance. At that time, Trammel-Crow pra2ided a memo to the City Council that proposed revisions to the Landscape Ordinance. This proposal was prepared by SPSD, Inc on behalf of Trammell-Crow. Staff followed 4 on the memo and spoke with Mr. Cliff Mycoskle of SPSD to ciarify the proposed changes Trammel-Crow wished addressed. In order to achieve a dear understanding of this proposal, staff has prepared a j thorough analysis. Issue by issue,as addressed in the SPSD memo. We believe the implications became very dear as they are reviewed. A copy of the SPSD memo Is included in this packet. ISSUE 1: Proposal Breakdown Basis: 10 Acre Generic Tract of Land Staff prepared the following breakdown based on 3 types of typical Trammel-Crow projects. We compared their proposal directly with the Dral landscape Ordinarloe provisions A uniform 10 acre site was selected for all examples. Landscape open space requirements were then applied to determine the maximum development that could occur on the site. The size of the building changes, therefore, In response to off-street parking r and open space requirements \ Rawl merdY elduetrlal Criteria dell Trammell. Draft Tnmmall- Tnmme6- Ordnance Crow Crdinann Crow Ordnance Crow rae"a 1D Arne 10 Acres 10 Acres 10 Acres 10 Agree 10 Acres Ma 435,600 SF 435600 SF 435 NO SF 435 500 SF 435,600 SF 435 600 SF aullding 125,000 SF 130660 SF 160.000 6F 174,240 SF 250,000 6F 263.140 SF (I Sfary) 29%or She 30%of 518 37%of See 40%or Site 67%d 668 66%d site Nit Ile Area net*i N 304 920 SF tat acreage b 261,360 SF net scree9e is 152.490 SF rGrosa Site net a Nita In ros cakuleied rid a facia In (IOS rskunared not a fedor In (OS reku)ered Me minus determining the en 20%of Net determining ea at 20%of Nei determining the of 2004 d Nsf 0� a 7g) open epeu Sire) open apace Us) Open span Site) MQunenant M4Ar*mSi m COW Space 67,120 60 964 S:' 1 S?272 SF 67,1 3_0_r92 SF (CakulatbnM 20%d 668 14%00 one 20%Ora" 12%d See 20%ofSae Nof sne - Trammell Crow (Of Grow Sill) (Of n-uss Ste) (O(Groea&* (0f4imr SOS) (of Groea Site) (Of Gross Sts) open Spec.*it net of buidri Required 625$WAS 653 Spaces 533 Spaces 560 Species 250 Spec" 263 Spaces parsing {17200 SfI (12 DO SF) (Iew SF) II/300 SF) (111000 SF) N10DO SF (eased on 223,460 SF 243 936 5F 1a6.460 SF 206 600 SF ♦T Ladirg . 11 Lcading Structure Sire) 356 SFiSpece 374 SFISpace 354 SFfSpace 360 SFtSpace 96,180 SF 11 t 966 SF 363 SFSpace 361 SF*asce Trees 'SO trares 7D Trees 150 Troll 60 trees 150 Train 351rees Q . (Cakuletion br 151 niesi 7 Trecs/scre 15 Treedecre 8 Treesraue 15 Treedecre 3 5 Tree✓acre rrammeil Crow fees is net d building and 10 tract ecru Open space ro SOO 6 5F4res 871 SFIree 5608 StAfee 971 SF,Tree sac SFAree 071 SFnree Tree Ratio C VAy Documentsil."snpe OrdinaxMCC 4 7 DOC"Klan 7 doe SECTION T Page 1 32 X 0 i l ISSUE 2. Landscape Ordinance Purpose At the March 3, 1998 City Council meeting, several of the members of the Council discussed health,safety and welfare Issues as related to the Landscape Ordinance. Staff has always intended this ordinance be strongly eonoemed with the issues of health , safety and welfare. The following section of the Draft Landscape Ordinance has been extracted for your attention. It is rare that aesthetics and design are brought as a purpose of this ordinance. Although aesthetics and design are important, they certainly do not over-ride the very real issues as included in the Statement of Purpose. Sec. 31.2 Statement of Purpose. The intent of this article is to promote the immediate and long-term public health,safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage. This article is intended to promote the following general purposes (1) Preservation, protection,and enhancement of the ecological and aesthetic attributes of the City. (2) Ecological stabilization through urban forest management that contributes to the processes of air purification, oxygen regeneration, ground water recharge, stone water runoff retardation; and promotes energy efficiency and water conservation, thereby abating noise,heat and glare. (3) Protection, preservation and advancement of the urban forest's appearance, character and value that includes all properties within the community, and that contributes to a strong sense of neighboduood, community, and quality of file. (4) Protection and preservation of native and specimen vegetative species, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation during the land development and oonstnuebori processes. (5) Acknowledgement that trees and landscaping add value to property, protect public and private Investment to the general benefit of the City and its residents. (6) More specifically, this article Is Intended to: a. Protect water resources, flood plains, environmental quality, and the natural and man-made physical and visual quality of the City. b. Mitigate the effects of Impervious surface land coverage by structures and paving that tend to Increase ambient air temperature and generate greater water runoff causing erosion, flooding, and water pollution. c. Prevent clear-cutting and mass grading of land by encouraging the use of natural terrain for building sites,and by providing cluster development Incentives. d. Promote native plant species preservation and replenishment, and encourage the use of drought tolerant and low water usage vegetation. e. Provide incentives for tree preservation. L Protect and provide wildlife habitats. g. Require landscaping and screening to promote land use compatibility and improved aesthetic quality. h. Promote loll conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution. ISSUE 3.113 Trammel-Crow Proposal Issues 1 The following table reviews the Trammel-Crow Proposal on an Issue by Issue basis. Most O of the substantive issues deal with the tree quantity and open space area requirements. `. As the previous chart (Issue 1) indicates, the proposal for these two issues requires Tess than the current ordinance does, and is wholly unjustified. Staff has reiterated their t research and Justified the conclusions reached during the process of preparing the Draft Landscape Ordinance in this table I C uer Documerda\LandvAPs Ord nanca=4-r DOCS4edon IF doe SECTION? Papa 2 Now l L ry 32 X V Ordinance on Trammell- Sh% aponsM ustificadon SPSD Alternative ISSUE 3: 10 Trees per we Stall has provided research several times regarding the Texas Section 31.6(1)a based on net site Forest Service determination of trees per we based on the Tree Requirements area Net site is the definition of forest at 100 trees per out and the statewide overall sile minus the average or tree cover at 17.2 trees per acre. We also determined building,We ignored that Denton County tree coverage was slightly higher at the 20 their provision to tree per acre ratio. Based on these'fads', staff stands behind remove the determination for the urban forest coverage requirement. The detentioNretention net result of he SPSD memo is to reduce the urban tree cover by from the site area for upwards of 16.5 trees per acre of the draft ordinance, or a 82.5 the purpose or percent reduction of the tree requirement. This Is Significantly determining tree less then the current ordinance requires. If the reduction of the quantities in this net site area,by removing retention and detention povds from the example.This figure number were utilized, it would reduce the tree requirement by is difficult to approximately another 10 percent to 3 trees per we h the worst determine given the case indicated in the analysis b a 85 percent reduction of the tree varying requirements roquiremerrL Staff believes there is no sound basis or of indiv dual sites for Justification for the determination of the 'Proposed Altsmat vs' detention and tree requirement, other than to reduce the quantity of trees to a retention ponds level less than if required In the current ordinance. Staff further However,using this stresses.and this Is stated In the draft ordinance,that trees have provision would a significant Impact on the 'long-term pubrq health safety, further reduce the economic Stability and general welfae of the public. The quantity of trees ordinance Indicates In its 'statement of purpose' the variety of required by reasons that back the heslth, safety, and welfare Issue. Of less approximately 10 importance among these purposes Is the tree a an aesthetic percent or more factor. Though trees certainly have visual appeal and have value as they add to the character and urban design factor of Demon, I the role they play in our Yves regarding health and safety,and the security of the environment are clearly the most Important factors and are obviously not frivolous. The Landscape Ordinance's t Statement of Purpose Is located prior to this chart for your Information. Also attached era articles from Ft. Worth Star Tislearam and the Dallas Moming Now regarding so quality in this County and the metro•plex. In February, Denton was placed i in the `Serious' category and hot until the fall of IM to meet speck federal guldelines to reduce the level of pollution, If this does fool occur, status becomes 'Crkicaf, the worst Category 10 I achieve under EPA standards. This could abed funding from the federal level and In fad begin so 'Nmh development', cause adverse financial Impacts, and demand the community pay fine until this pollution Impact is resolved. Fad: Oro very real, and proven way b reduce air pollution Is through vegetation, which acts of a filter to pollutants. If City Council fell a need to reduce n the tree coverage requirement for the City's Urban Forest, Stag recommends a reduction to no more than 15 crest per acre, based on the gross she area H this reduction were to take place, any tress planted 10 meal this coverage requirement will be treat listed on the Selected Species List as Large and Medium trees only. Because of the canopy reduction through lowering the tree requirements, staff believes that the use of wag tress to meet this reduced standard would fuller deplete the Urban Forests potential canopy coverage. i C Wty nccumemacrosupe adrnanu,cc t.r OMS4dd on 7.doc SECTION 7 Page g i a � �� M 32XI (� r ;F C OrdInance Swoon Trammell-Crown! Staff Responseliustifica loo tSPSD Alternative ISSUE a: Open space Is The SPSD open space percentage Mangan dramatically, as Section 31$(2)9 determined by indicated in the analysis. The land area IequtrernMtts for the Lend Requirements deducting the building structure and parking must be weighed In proportion to tint open ' from the overall site space. That is,you must determine the structure Brea,deduct the area, which open space from that net land area result, and than determine f generates the net site there Is enough land area to provide the required Pill ". This area. The open makes the result in open space vary a lot because of the parking space is then requlrementa for different uses. Staff backs the 20 Pero" lard determined by 20 area requirement as a minimum and directs your attention to the percent of tiro Net ettached extracted Statement of Purpose. This is Fnpartrt Site Area because these'purpuses'are the premise and Justification under j which this ordinance was wrttlem The purposes further exrpwW on the Denton Plan Policies directlor. of which, the U"90410e Ordinance is an hrplomentaUon tool. Additionally. the pisnting arse requirement should be looked at u a pervious open apace requirement. That is, land that Mows watt filtration. This is anal very rest means by which the City can begin to control drainage problems, Reducing impervious surfaces and alowMp on site retention of water by Providing open space, can and will help to reduce drainage problems In the City. Staff steeply recornrnends i thet this 20 percent Open apace requkamant based on the gross property was be retained. Staillf owelders ft to be •min M pervio t W".lot,ransom other planting arminimum ISSUE 5: (1) Street trees (1) Street trees and spacing we typically determined by twos Section 314(3) every 35-40 svoltabifity In the fights-of-way and the streets sire. Additional Street Trees linear feet of Iard, along state, county, major and collectors roads Is (reserved section) roadway sometimes used for street tree purposes. Generally, spacing frontage, requirements far street trees on a typical collector are every 30 linear feet of frontage and accent trees at 20 to 25 linear feet. Along 4 and 6 lane divided roadways, spacing requirements become further @part so tin speed of the roadway picks up. However,groupings of trees are wTired as f wait as deeper planting areas In these cases. Design is often based on speed of traffic and slope ooMitions as wall because of vbibility requirements. Often uses adijacerd to these roads are buffwed from nolsa and vows of that roadway This section of the ordinance win be addressed ` fully M a later date. Inch trees required will be credited toward the 20 tree per we compliance. Use of worm may � be used to postpone street tree plantings until the I Comprehanshro Plan is completed. (2) Allow all erisbng (2) If trees we preserved within right-d-wey areas dedicated to trees to count as the City, they are counted toward the 20 trey Per @ace . street trees when compliance they fall into the i - designated street tree planhng area. including rights of way J ISSUE 6. All government The ordinance ed eases the M moo's projects end I Section 314(1) entities, including properties. The City terms on cooperation tan properties owned a,b schools b churches and controlled by County, Sate, Federal governments or other Q Public Property should be subject to Jurisdictions This Includes Denton County Weld District The Ihese provisions City can, and has, requested within the ordinance that these entities meet the provlsions of the Ordinance. Churches an not public properties and are One exempt from StN ordinar Co. l C icy oocumants%Ll"Caw ad nsrice,cc 4>'DOCSZacson f doe SECTION? Paga 1 i -- ) r� R ❑ 32 X In ' NOON " • , o :aausrva Ordinance Soction Trammell-Crowir Staff Responseliuslification SP3D Alternative ISSUE 7: 1) Perimeter (1) Staff agrees that as parking 'visible'from the street should be Sectlon31.7(I)s,b screening of screened. However, the screening limitation to parking lots Specific landscape parking lots over 10 parking spaces adequately addresses this Issue, The Area Requirements should pertain to limitation to exclude lots under 10 spaces Is based on design all parkirg lots :.id function. Stan believes there will be adequate tree and vegetative cover for these very small lots without the addition of screening and that these small lots do not present visual burdens to the City. 2) Suggests 12) Staff believes that the provisions for Interior parking changes to adequately address Interior tree coverage's for lots under 40 require lots with spaces,gimpy through the design requirements of a tree trunk 20 or more within 50 feet of any parking space, parking spaces, instead of the ordinances 40 parking spaces, to provile interior parking bl landscaping 3) States that a tree (3) Staff refutes the statement that the rata of one tree for every every 15 spaces 15 parking spaces is excessive and would damage retail uses. of parking woub The provision does not require placement of trees In this ass, damage retail Just the minimum provision of trees for a parking lot. For uses Suggests example, 90 parking spaces would require the provision of 8 an alternative )f trees within the perking lot at e minimum end placement of a tree calcu';.an these trees Is dictated by the 50 foot rule from any p@A;ng for every 20 space. This spacing Is pproximatey every 100 Mear(eat,or spaces of a 50 feet radial arc from that trees trunk. These trees may be , parking with a planted In group plantings with adequate ground apace maximum provisions At the March 3, 1998 public hearing,the eomment separation of no was made that clustering of trees should be allowed, Section more than 40 31.7(1)4 art%" flexibility for this purpose. The suggestion of parking spaces tree spacing separation of 40 parkirg spaces is equivalent to 386 linear feet of separation between trees Stan believes this separation standard Is an unbroken pattern of asphalt, Is simpy too little and does not accomplish the tree canopy coverage necessary to shade and buffer fad,nt heat of Impervious and metal surfaces. 4) Suggests all (4) Section 31-8(8)b requires that atl planting woos which sbur landscape areas parking lots or vehiauler surface area 'be protected with w be protected by a curbs psi" blocks, or similar barriers.' This ollows better 8'rased design fieubAity to address drainage and design concrete curb considerations. y UE 9; J Suggests automatic Staff. Plarining and Zoning Commission PZ the Cry Council have Section 31.8(2) undergrr and irrigation addressed and debated this IsaN at every work session and public Maintenance systems as■ hearing thin far. Ston has stated that maintenance measures and requirement in all plant roptaament requirements within the ordinance alone will planting beds, enforce maintenance of plants in a healthy condition without including rigMsof- spoWng "ation. "alion Is suggested In the text but not . way specified within the ordinance, Staff has stated that a guide for landscaping coil be produced Ihal wdl cover trrigr.IW and offer 0 t water o mnservation guidance C My DocumerdsiLandsupa OrdinanceTC lei DOCS%Sec O f d0c SECTION I Page S 32xI ❑ +► 1 ,nmere .,• car ,., session onsoossiss C Ordinance Section Trammell.Crowd staff Responselliustiricstion SPSD Alternative ISSUE 9: 1 Suggests slowing a The ordinance Includes a process appeals as related to Section 31.12 substitute plan exaction variances The ordinance Is already so flexible that Appeals submittal to the PBZ 'substitute plans' would in at likelihood request reductions in " or staff when specrfe planting requirements. The appeal to Planning and Zoning site Conditions Commission and then to City Owndl would undoubtedly review prevent strict the proposed landscape plan. City Council would have the compliance with the authority under the spools guidelines so approve or deny plans ordinance. brought to them that do not comply with the ordinance. Staff has tried to limit the authority of the Director and the DRC to vary limited Imes. Staff believes an appeals should go to the PSZ and Council, particularly substitute plans For stag to have this authority. a saris of stringent guidelines woukJ need to be established. ISSUE to: 1) Suggests adding 1) SVed theme 'ara' addressed vnthin the Seleded Species list Section 31.15 a list of under the arlumm ertttkd'Street Tree'. The list breaks down Selected Species Lot recommended the t,ps of tree by Primary and Accent and trove trees are street trees, the only tress that an be used as sbaM trees Sane speck listed by SPSO are Included In the Selected Speels List The trees Rated on the Selected Specie Lit for street Vse ►7s we selected because of their form, charade,durability, and quality. We would not suggest use of Ash for strell tree use skxa this Is a soft wood bee and R Is short Rued. Other speck mentioned may have aome mart Stall has suggested In M Agenda Information Sheet additions to the Strad Trod ate". i 2) Concerns 2) Staff agrees that soma plants on the Selected Specks List regarding may not be doskobk se newly planted dock Some of these particular specie plants are native specie which may riot be awila le as on the list Ihat nursery stock, and thereiae not readily evsRable. Therafae, a,e undesirable this creates a norFissiue in this regard. They aro on the Rat as new plantings became of their native status within OeMon and tharekre Crests value emlronmeMety and for wlWlde habitats one should be retained on the property for those reasons. 31 Suggests 3) Preservation credits dklato a tree pat /not the remainder of abandoning the VN plants on to civall Selected Speck List- Staff fads Selected Species strongly that ilk RN be retained, We have no objection to m List as mandatory fat of prohibited speck, but feel t unnecessary beauai aR and use t on as plants rat listed within ttro Selected Speck Lis!are prohibited a guide and from recelvirt; credit toward fulfillment of 'he ordinance ' instead provide a requirements prohibited species list. .. ISSUE 11: Suggests this Staff has provicled evidence to the Contrary. any Gtroa within the Competitiveness in proposal win keep metropiex require provisions such as the ordinance Imposes. the Marketplaa Denton competitive in Those cities are booming in growth and have higher land values the Mork elplace and for beta pro* do because of onhinances such as these. t I i c Or DocumertslLandscapa Ordmar"=44 oOCS%Sedxim I doc SECTION 2 Page S 2 x � Ci 32X 0 O } V mae�• Mar-03-98 04:466 P.O"L ... March 3. 1995 -- Dave Hill -� Silo PI&Mninq Planning and Development Director f H •D«<bP •m , 1�at•o,nsru, City of Denton 221 Noah Elm Street P&F,°J""'No Denton. Texas 76201 I . Re: Landscape Ordinance Recommendations Dear Dave, 1 appreciate your time and the task you have at hand. As mentioned in the chamber meeting last week, an implemented ordinance will strengthen your community's appearance and increase props ry values. In line with our conversation, my client Trammell Crow Company request the following to be added and amended to your draft ordinance. Sec.31.6 General Provisions. (1) Tree Requirements a. Allow property owners to provide 10 trees per acre for land area (net of proposed building areas and detention I retention areas). b. All trees to satisfy the tree ordinance must be 3"caliper measured as per the American Association of Nurserymen standards or 12"above grade. (2) Land Requirearstnb a. Planting Area! Modify the planting area to be a minimum of 20%of the 1 land area(net of proposed building areas). (3) Street Trees a Provide street trees for every 3540 linear feet of roadway frontage. A]low all existing Native trees to count for street trees if they hU into the area designated for street trees(Including right-of-ways). (4) Tree Credit a. Allow tree credits for preservation of existing tree located on land and the project right-of-way. (This will work magic for you in preserving • trees.due to the monetary incentive for developers.) (7) Publk Property a. All land awned as individual lots by government and / or governmental entities, schools (pubUe and private) and ehareha should be subject to the provisions. f M"hay MyAyn few N IAMSSAw r' A�MRI�hO GntMICd'1�ff107d1��n•A SECTION 7 Page 7 ail 32 x I ❑ I ,rtRawse o Mar-03-98 04 :46P P.03 . . See.31-7 Parking Lot landscape. (t) Parking Lot Screening and Landscaping a. Perimeter Screening: Should pertain to s>g parking lots. b. Interior Landscaping" Any ping area which contains more than 20 puking spaces (not 40), shall provide interior lot landscaping. I tree per 15 spaces will damage retail site potentials. Retail developers want visibility. We would.rather we a compromise of 1 tree per 20 parking spaces or fraction thereof with the required islands not separated by more than 40 parking spaces. Also, it should be written all landscape area interior to a parking lot shall be protected by a 6" raised concrete curb. Sec.31-8 Maintenance. (2) Irrigation a. Automatic irrigation should be required for all plantings including grass and trees, which are satisfying the cities ordinance. Terminology should be added to ensure that public rights-of-ways or street frontages are also irrigated and maintained by the property owner. See.31.13 Appeals. As opposed to an appeal process provide for a substitute plan submittal to be submitted to the Planning and Zoning Commission or staff for their consideration ' when unusual topographic constraints, site resuictions, siting requirements, preservations of existing stands of trees or when conditions prevent strict compliance with the ordinance See. 31-15 Selected Species List. Add a list of street trees of shade trees recommended for roadway frontage ,std public right-of ways in 20 to 30 years, this will provide the city with a consistent organized urban landscape. New tree pkmirsgs for street and right-of-ways tree plantings off of your approved large and medium tree list,which would work, are: Pocaa Texas Persimmon, Common Persimmon, White Ash, Texas Ash, Sweet « Gum, Chinese Pistache, Sawtoorh Oak, Lacey Oak But Oak, Live Oak Chinquapin Oak, Waier Oak Willow Oak Red Oak, Bald Cypress, Little-leaf S Linden. Cedar Elm and Lacebark Elm i I also have some concerns that there are some species listed on your large and medium tree list as well as your scoot / small trees and large shrubs that are not desirable new landscape plants. These may be good plant materials to save within existing conditions if they exist, however, they would not be desirable to be planted. Some of these trees are: Osage Orange, Fruitless Mulberries, Sycamore -fees, Cottonwood trees and the American Elm. These trees have proven to be tpr undesirable and short lived. u SECTION 7 Page 8 32X r„r i r t r ' •�Y Y S. , a �r r., , r f l ' ., . . . ! i...Yr..... ' �, ,,. ._ ..r.irA..n.wAnnrxw�'+.r►�« Z" ' •,, '. Mar-03-96 04i46P _. P.04 a As opposed to providing a selected species list, it may be also desirable to incorporate a prohibited plain fist,or ph ots that shall not be used in order to&Ifill 1 the plamieg re iturements of the ordinance. .: I would like to commend the poup or the persons involved in developing your selected species list. It is exmemely thorough and well done and I would hope " that it could have a place in your ordinance to as as a =aide for developers and 1 land owners to work within their landscape plans. ,- In conchuion, we believe in the spirit of your ordinance and what the City of Denton is ,'t doing and hope our comments at regarded as liiendly and helpW in order to keep Denton as competitive u possible with ocher real estate markets in the r4m Thank you for your time to review this letter. Sincetely, .I C I It'(Rkki e ASIA r UrAscipe Architect ! 5 ! cc: Dave Noble, Trammell Crow Company Robert McFarlane,Trammell Crow Company Sandy Kristofersort City Council Member f f � I r � r SECTION 7 page 9 25 0 32x10 r I iI j � :9 v i o A .%j t♦ d' � � � ; � 2 y , e , ,,,_1 ,t� � tl " t. i •- , 4 E r yy a' '6 iy" r 1. . h'. •.d'!�•n{^aJ1�Wkls...ra w.W..:. �.• .� L . ..,...» . . � �` �..+..rw...,mr M.w.+....•�.:a._. � .i i ` yi � r f 1 , SECTION Stair 1 � 4 - �R., /� 1 J 1. d r The following exhibits prepared by SPSD regarding the United Copper site were foxed to staff on Tuesday, March 24'", 1998. The exhibits Indicate the scale at 1"=200'. Staff believes the scale is more accurate at 1"=300'. The illustration also says that the tree spacing is at 40 feet on center, staff believes this Is more JIJ Y accurate at 30 feet on center. The tree canopies for these different scenarios are Indicated at approximately 30 feet as well. It Is Inaccurate to indicate all trees with the same canopy. Predominantly, Landscape Architects Indicate tree canopies during design at mature growth gauged at the 10 or 15 year ^s growth period. Staff believes that there WILL be a variety of canopy widths. The draft ordinance Indicates 4� diversity of specie as a requirement,therefore landscaping WILL have different canopy widths, If, as the following Illustration Indicates on page 11, that these trees have 40 feet canopies, then a total of 25 trees would be aligned at 40 feet on center along approximately 1000 feet of frontage at Highway 380. This particular drawing Indicates 38 trees,H aligned,which is 27.7 feet on canter along approximately 1000 feet of frontage at Highway 380. ' Staff has Inctuded an illustration they produced 2 months ago for this site on a reduced acreage of 24.97 ' acres (Section 9, Page 11). At that time, the tree requirement was 20 trees per acre. Staff Indicated the required quantity of trees at that rate on this illustration using a diversity of tree species and canopy ranges. The smallest tree canopy Indicated Is 15 feet and the largest is 30 feel. We based this on a 10 t year maturity rate. 499 trees are indicated on this Illustration, As Indicated, this vegetation quentity can ` occur. With the reduced rate of 15 trees per acre, or 375 trees for 24.91 saes,a reducllon of 124 trees, r that reduced quantity could easily be accomplished within this site. I� At 32.99 acres of site as Indicated on the page 11 illustration, the tree requirement at 16 trees per sae f would be 495 trees. This Is 5 trees less than than the 24.97 we site area(at 20 trees per acre) and with an additional 8.02 acres of open space. With the reduced tree quantity and the additional 6 acres of open space, there is little doubt that the required landscaping at 15 trees per acre could be eccomptlahed. i • ,r1 i , CWy 0odumoni L4mdutptr DrdlrancetC 4-1 DDcStSec&xt f.dm SECTM 7 Page 10 O c�000DVUn �; Agriar 0rep i r.[rpQa4on � �eaTOa•ai°'e° ; ObY OOOIA • O��QO p?�1v°• ; uv. zn1PVeypVdl�{v +�: `e�z: a IMP ^4 Aa 4e�po]a^4 4-15 q x °ico tom, Iran V°� vo p •. 0 o u ��° r0oO ,m a 1 °p •oG y 1, en0 OQ n t O vao ,rw e S rl• l � b icD O 3 Op Cates'm O� d')Op.O:o pC•L p Ip • ae fte O 7 G O't(! o' op�p?ate • a•� ;-a o ooW • Op V A. 1 14 Y.V)Q uT6o0 6 It 4(ao> ff > Op 0 c D + pa.OyQ aGf - .P!._.O.Da•7o 0 a o � �parl•'O[Oi - f0 �iV ai��0i0(000°:.O-vO0u0 ob'aTO•Pi�v.�O OG'p •O.O.ra.0OV.?�q per,.+000.00r.J+p(. 0.0.- fiya. OeO�°,eo�v loo id9{'i Dfplhaafs'al ...uo oll 0 P�Oeepp9 D•.rO a.Q OO VJ3000 o0 opb ogOG O,� h ��D�nO Pgpo 04p�s' dne to O .9 Y1�OD J�O�^ 60 a 00 OV�Dp 0 00 O�IiO D�7Qe�q°4i6r°geQ OvC cQ°OOeod<7p°e0 °� 4 �1' ar0 O vo O t .OVn nORpOa TO�N C.. 1eea�oo i i n 1 J �c•ii 9 IF _ _ _. 0 Mar-24-98 12 :O5P P-02 fC ; I • C OM ' I '� •aq RlfrQl1A�ApJD _ y ,x•; t i�s� , •, t i N+olauee rofro aren _ i viii y•'i 'f I-1•'�. I1 � FA WT MATOEAf If7.. Ffi-'I•'Y T_'� -V y 1•` h«I_I. ' I ..` ...I .1 I f I I'I• ..h 1,•I Ih.� .i..�_ '+ ; �1 • f -I lMIL' `MA!'-wAMIIIIFI�O.N. i t iPJ q,wi,1 4, 1 A •17 I r .1 I I I �• .. I•I NI I Ili I• •i i..l i I I i f1 I 6.x 0 7 PAPXIMG ME .i i.� F.i .i. l � • ..y 117 rl.w^f ��-��Ylrn°• 4 = - •-: •.. L .. - - - = x..171 f 146TOO�p. SECTION 7 Page I • 4�tl Mar-24-9E; 12 :ObP r. .:._..«,....,_. . ...._ P. 03 • •. r-. ... IL ! If 11Fr• . �� i j, _ RlprtllY A0I0 oil PAW 1 •5 it � i �'an'-�o.�a. _ � ',I I M�{t �� I1 � pEfENT10Tl 1 � I I ' I , ►OND , , � I 1 'a y{r'F� � � y '1• I �' I I -�� ,I • I i X11 1 ` 11TT•*'f h I 1 I I- I �� AN 6 J I-f1I- t i w15+'EI i�Z�p 1 'rr . 1 -.M1N'rl►OTVF 11 I - f 0 PAMINO I• EII�OlE6 I �.� tlllu�l _4 I• I . '. i-I t- ... I VI+`, ��.�, U I I rLL`jf„y b ..l L.I I II I ..-r,�a••ez-r.sr.t•r—rr��. I a � L O� f„Zp • ' � -•�y�"�f�WfIT�/M1aT at�.T'1#-11CST T. Trot SECTION 7 Page 13 -- � 5 � 10 32x1 ❑ 1 Mar-24-99 12:06P P . 04 r3 i j N I Fri /tL' (LZ,R1dTFALme"w. &Alms. ORS. 4sy� X11' ,� .1'1 :'0. -r.: ��... �- �i�'1s- •VI 1 1 i I ronc t I iii i � i .f .F.{ •F'+' i-4 I I MnTE*I 1 i '�' 1•I •I j _j I •�- I .I I, ! � n'iron+oe• ice'•=:.,.� _ �I, III I t � -I i i j I (•i L. . Iw�IE'�',L.tk1 � I ' 1l 111 ( , 1 ' 4. 4rf7 LI .�•-�1 I _i. i .�.i .i.l. 1 ;_ 1� SECTION 7 Page 14 ` x 32x1 ❑ z . • F f 4+ I Mar 24-98- 12 s 05P F •OS • J O O �•�/ 'i ! :r ;7 is O O O � . , .._. .__..._ its �-`9, �. ^, s � Dom• I �y• '1 'l:a sal '',•; Ate. i.n :L'. .'_ r .• 1 , r 1 I .f.-•. 1 'I ' te a .^-.a 1 I I I j _ d 'r ' DESIMioM ' I I I i I,Om Vc I II 1� t j 1 ii '-`11.11 ul ` I F _! , r _ .i ' uu°ino •1 •.JI tFll l•J• ' ..I La �•I i_H I 7t :I 11'S - +.'"'rte -f,. • =Y- / _ ' i i�,:�, °; ' '�.�.-!� _.r^.-• 14!'x. / I �11�7L4 I St11i� I�11�••Or SECTION 7 Page 15 �,.,,��:, 7 � � �5 x � � 32 x � ❑ 4 K 4 ILI SECTION 8 Metroplex Landscape Plans Table r -1d ' ✓ c 1 q 1 a � y l 1. : ' 'Yr 1 I 1 r F I r f r ,; I 1 • : '1 ` 1 Metroplex Landscape Plans h Y ,TREES OPENSPACE 'r City P, +�' a ` Site r Provided t Damon Provided DmtOn ( n� { IYN r Draft Ordinance �� Ordinance oral on trees 21 trees 0.2 Mound 25/AC 24% Flower trees trees i r d 1 - Mound r!r. Medical 201AC 43% Carter k ;' 13en 1.50 Nees trees 0. 0. Barrel 201AC 42% ngton 119 trees 4 trees T6 1.48 Place S8/AC 61% lnutorl 1 trees 1 trees 1,54AC Addition 21 1AC 50% Irving Crass bees Corporate 32/AC 28% Caroler Irving -0-9 17 trees 1 trees 1.8 1.06 AC plaza 191AC 18% McKinney 44. 1 trees trees 12.46 Distribution VAC 28% Center McKinney om Kra 315lreee 14 trees 9� t Center 321AC _ 34% ; Nn bard At 1 1 trees trees 3.4 I Sense 121AC 2.4% I ai . 4 Y 4t ost:ct�orra SECTION t Page 1 : uandw O�aMnatCC OOCS SOX C DowrtwMr n 0 � rJ I � r 32,�> 32 ,iv Fr+�J �. � 7 I Exxon at Flower Mouhd 11 fe h 11 rrr Ir I � f JJJf fr If ,; I I I i � � ;�Ji�J► JJ ]3 (L;Ji 593��i�, �1 »�! ,�� ,I ❑ �, JII � J ,,11�JIl,l1! J1JJ1111111 . . 111 , 1 ' I dF"I I • �� 7t;; Q • r1 r Cwyoocu"mtr1andsciPt mama 4.1DOMECTONIdoc SECTION! PagoI 1`• r 1�.r L, 1 L..1 L 1 4— 1 R...r L• 1 lr t y,. 1 SECTION 8 Columbia Medical Center ' at Flower Mound i y�i..r�Mo p y �M41 �►vr .. • .�,`,��.4w ��,���,:�����' �'��r '!��►�-'a*il �`vA��! c��.U.,•r�:-,• \VCS �7p O� �� "•`=�[ 1 Zcx ';° 1 L j L•� ���. am MM.e.16,' r R }} V � 0 r IRSL,HIlp1 o i q i • 1 1 r Ali .1�luluu 111111f1llil..� F, ��{j�I� fji{i iii;ll� l1� ilt �ll ��r 'I�.1'Ih'I; ��I {i SECTION woo re a BTeApb Cracker Barrel at Bepbroo I tI.E ':j•ill1., 11 �� I7 i II ,I it t I II 11 t I 11' 11111 r ",:_.t_'.) I�II , tfrllt I t It1 I I1i�i, I,�i{i 1 11 1? I, illll'11 11)1 I�=I�I�I ''� �� > � 1�tI I;'I 1 it lili I!I i�!!i' �� { 'SS'I' �'ll t � �� f,�, III{I}J ;1'!,• I••111,k I , ISS I i! I 1 I I � E i I � . I(i{{ifl P,F�f� I'Ij11il�liilj'i'�11i'I 111 {f• '!!I 4 I{+ {,t,l l,, , I II,, �1.{li' ll tll,l �{.I t• 1 111 i11II 111111 : , ' i I I 311 r,III• III I!1}Ili.•I .�_,r .t rfr • 1 1f1 . If1 � 11 11f rlt ltt 111! ,1 I /� 1 1111111 Ii It N1151Rfi 1�� I �! � � I iS 11 11 '� 1 K101 U, it • ' �' '� � ' i i i Ll' --I P I II 1 Nil , < \�`1�•,1111 ,Ilt f 1/ � I (1�� I� ��,•�l i `\.'�� � I t. 1 tlt' .Nil f111 .• ' 111', 1�,111'1 ' I�I , 'a �l t t5 11115�Ir •I �.I ,1, 'itI 'r (J�f� •1� I' r I�fl' I ,1 11.1 ; ; ♦yl ! ll /, ! 1 a 5 / rr— '.! , h 1 /�1 1 r •f 12,,1\ t `1``�i , v l l , Vr<;, I ((�� 1 e,'c „ ail'• , ,'_ 11 ,•, . r 1 11 1 P1i11 �1 a1�1 U �tr��'��:�i��� �.I1 �. 11i I•I I l I�� �,p�iir� 1 , i�•r,lli 11 �Ir ,I�1 ` ly 1 Il 111'1 , r 1 � I'IJ` 1 1, �l,♦ 1 1 I f� t In �t�lr I� all ", I 1 i � � � I ���f Ifl 1j ]� i�I '� 1 " 'f C.wyDounlomtKandlapISOrdinenalCC4 iDOCSZE&ION0doe SECTIONS Pagel. 1 O 1 !(IO.SYL� MRmom I SECTION Padgett Place at q'1) �on'en[L4N• r.J' ..Uni»o•i p llll Hnd Hvlenvf V♦,t' r ==r'•I n�rl..nnu,alui«II Ib.....•..... ..._ °.i IL III Ir I I• �g ''�I��I i I III l a I ? � flltd11tI11!111!Illih tt ! ! irq....,.•............. Ill 4t@ 1 . �iil Iif1 � € I I I II j ' i it i I! '� It«Ir..r.,.alo-l.,rll.•« I II , ,I I i ,� r r rr It1•I NIpIIp IV1111tl1�g1 I' `' 'f I I! tll.i'Irl'10 1 t t{ It �Il n'�u¢w!tl'llnpttttf�r' It1t!1111t:11111t1ti111B1'la�l �I I I Ir i'J ? { i `.�� ii r � li uwrrnnwmnl!nomnn ip i; ! I Il��,l�;,il Ilirl, . II� it, qtli4� r If If I• �, , I:I .,' «s la �•«o•t 1'I IIf ISl f ` I rrllli - �i�Es' EI It I l'�t4 'iy♦�, s is` ` � •. 'Ir. �� j' I ' . rll t •� � C R r� .�t f7p I ♦ %; I G;'' I ills ;I '• .p ILA ��IE; fit - It r. ..e' ♦ � I� _ w >. L•. r u 'fle fa. ... 'l" .n.'r..: 'a' Y•t/n4 '(t,; � .� ......... .. :4. . .r. ( �• [ Fill !!53�� p[irra.�l�rtl l lllHr ['.�I �1..i[lIrrl,.�n fri nl�rs[l l d 4 L'� :L r C wh Doalrnen1s1LmQ*CAP#(>dr&r0MCC 4-Y WCS%ECT"86M SECTION S Pogo D r! ' El 32 X Q r ' i • r O SECTION Medlin Addition at Arlington - eruaro� ,: t?L'll.7 xtlt:a M.1,'uM10) aro>laarw oun 4 ' �ii _ nw•r.i...w�r�.... iWl'G 17rLrAV,1Yii Nb?'17 S 'YNM'al L4 X713111 1WWN11 maw ' ,o� ^ r'' 291 Y, w/�s?N1u�rNalbl LIXJI jR�� �. , Its,. ;r ' �; r •, ,r a 4. ;i Y } y. s•f fff , ula IEE .I� I rxi { T i 49 I S Ell I r rti i G I i y; it A 1 ff A�� "kk�I I � /� I`rrrtrlrlfleltHl! h:'i' , y if� ElEE 111111111111 E ,lll!!;IIl1 1 b1 .++11 ` ' i ��` ' � ct•� ' ti`. � II� .!tIIl lytl� ! Itt, ,.�� r� I. Ei � Er '}� �1r11r.11 ..11r r• r1. a ' t ff i O.—ID.—.01 . 0 . 1 OoD 11d W rY9�d°01 C My bowrmnf,UmdKsp.amrwr"=4.7 WUNIFCran a dw SECTIONS pagrr 6 10 J 2 X 0 r u SECTION 8 Las Colinas Corporate Center at Irving fr F-.'.om tlf�� Ilf, I II •�. I [,� � [1�q!� ! 3{2UlJBdk{I�rnoduQmtPIIH ( �tifilllliI�il,1.1.11lliliill�lll i�� lllli I� � I! f1f� fv ol r / rk 1 `��� ids ,. ' / �' ' .� •, r` . ,`'' ! ail I•'�.�r�'� Y+`:Y,� / '' w�\�� •r •!, %,� 1.�'�'. � !; rr I / ',+�` �. l , i,l �� r� 'M1l`� , r �•- ! �IiONI� sft(lIYY9 , CVfyoocumem.,and►uP.0fdmmu1CCa'1DOCMECTiO,11doe SECTIONS P1po7 r 7 !i FJ) 3?_ X II a n � ,� 1 • i Y 1 rl 1 Y. ,.,�lr i 7 1 �. '' ; Jhil , ,• i :': t 1� ' �f'r � I Vahan" 7 - >1 AMAP M SECTION 8 Granite Plaza at Irving _ �F•,�' Liiiii �, I �1 1 I f —�,+ '1' SAi11TfiTil'i7tt;. �� Sl,•1 • 5;11 fl: 1. I II� ild Y!yS'r NrY,� 111 • 1 /S I fill pit I . 8• � IIy, oil 1 1 I 1i It 1 I' 1111 1 ; 1' its `1 I! ti•. r T f ;il 'E J141 ! I ;n 1llg I ,r\b. •` `�` � • r r MIy I' i ' ' ' C Wy oaum.lbUmdkspoOr*mamAc 4.7MCM011a+eOft SECTION Page 32x ❑ „ 2 K mum- 0 p Distribution Blockbuster •Center 11 at McKinney f�IU 0010 ImWNN1131N9 - _ o 1 10 � einn i I i i 1 11 f f;1!I�!'Iliill► 1 i • f � 0 • C,Wy DoturtmeMstUndsupe Ordmncuux 4.7 OCC"CCD0N 1 Qoa SECTION 8 Pape$ 1 A SECTION 8 Tom Thumb Center at McKinney rq.1f j a M p all >>s:- d+nlulrrl : ' r(' �I• � I II ;111 ��I YIIAW 4 7Ifl •�f;� , '�Cr„ Ii�ii�Il�jEl111I1`��i�II)I1 • ii I! L r NJ IT C'All Oxun>tntsll a nda ape OdCnanu=a-7000"EC TION I do: SECTION$ Paga SO fl r �7' MRmom��.1pn&MOIALANJLML��AML�l%�m ' i t 16CC"M SECTION EDS Client Server at Allen Y /10tl] 31VA11 1ViV 110% i ••1u t �� it l�ll�Ffl�ll� I..li US 1N9110 603 Imr I,nwnl`r.�..,•.e»,. 1 +� Ill�l�l ry11'J 0 v n V 1 1 V 01 ! ! I le d M d ! H / rl y , i�'1:1.11 111 I,rr uo�� I I I r]ira]oan:m+-'..ssma]x�'.u1xc:+:m ttl y]v�JtL 1•.11 c ` 1 + � � nn ( s11 i1c • ` F 6;111 1 ry t I11 1 � rs srl. I •I 1! nhlrl , . 1, , , ..1 ,.0 r u atlali fill i�d' I#. I( � � II' rill II �r•j {II. 1,11 E , _ � , �,I,�E •11111�u I. � �1 �r .r' rl �JI �,fl,, „11 I Irl J ilJJ lluJ1111 J11Jll. 11 ,1 . E I ( l�l,�r '11 rlu.i,i �ll�Ir,► rrl E; � m . . C V4 Doeur"r4o wndwp/aalunco=4-7 DOCMCt*N a doe SECTION# P+pe l l Q SECTION 9 i k V I City of Denton r L �+ The following charts and projects are provided as an actual comparison of current developments within the City.Where charts are provided,they Indicate comparisons for. I • The amount of tandsoaping the project actually provided. • What the current crdlnance requires. • What the requirement for those projects would be If the proposed ordinance were In effect. Note that this comparlson Indicates only ft amount of trees that were preserved at the time development was the evelopm approved. , Note that on these projects, the amount of trees required by the proposed ordinance could have been satisfied by ft existing tree population on those sties. This chart also oompares the pervious and impervious surface requrements of the current and proposed ordinances and as provided by the developments, Consider that downtown, truly urban conol tions, typically slow 90 to 100 percent paved and built Impervious surfaces, The current ordinance allows 95 percent impervious surface coverage In any development of the City other than residential, where currently, 100 percent Impervo:is surface would be slowed. The Planning Commission reques!ed we look at the Albertson's on University as another comparison. Included In this section are two si'e plans Indicating the current conditions and another plan which Indicates the effect the proposed ordinance would have on the site. In this particular case, because Albertson's chose to over park their site by 119 parkkq spaces, we were able to gamer the 20 percent open space and provide for the required trees by a shift In the structure and completely revising the II pap a re . h tree Indicated on this plan have 25.30 feet canopies which realistically would have ano Other projects are provided In this section which have been presented to you previously as wall Two additional drawings are provided which Indicate typical single-family lots under current zoning ordinance requirements and a non-typical smaller lot not currently snowed. This plan indicates the quantity of trees required in proportion to those lots. The second drawing Indicates a typical corner 1 cwmmerctot lot with tree requirements and alting configurations that provide for better screening of parking areas, C Wy bocurmr Y anft ap•olar4meMCC aT Coca49ECTON a doe SECTION 9 Pagel 25K � a 32x' •• 1 � v , ! � � r I' v rr v.a �F � � r' 'd s .�, 13 p5. ,•F L'. 1r �,¢ � 7X _ = y 1 d 'i ;-U to rt .. .,_...... ,� ..... ....•..v.++NV�.i+ah#eSiirU.4"MR�¢<eh�e ' 'i v' v i• r ! j F SECTION 9 �. City of Dentont Landscape Project Comparison Oak Park Village r. urrent Ordinance Pro Ordnarm wn� k o1a • rese _ x! reee 1 7 ! reel (110-24*) n9d ! n0 nee ( 4 ) 1 (1.5 aWN/12.24- Total tree rtes aa..: , '. , ,_ 1 '• 15 trees WS nee 1 uan Com rison " us" 1 h > comparison rov m w 1 . Existing revs ar a 3. e mpery s Re Arss 02.06 Acres Allowed 80%of OR*Area !ry ous u unknown 15,52 Rs ulrem nt 20%of$44 Area I i t 1 { f •i ' 1 =rl r� C I` C wr D=mwnNllondwpo Ordlnsnoo=4'1 DOC9ZECTrON 9 da SECTION 0 Papa 2 • x 32XI0 �,raaar 0 v.•�vara► SECTION City of Denton Landscape Projects 1 �1 �Ir `, 1 1 1 i �. ,MI 11 1 . 1 ,� C • � "Y 1 • - 1 1 1 1 _� t I plrr of 1 �' ' '�� � i 'gyp,'• •'; � i C V4 D,cw"mts .nauave aaMrKnrC 4-I D "EC"Me SECTIONS Pape �` i Q t SECTION City of Denton Landscape Projects i Landscape Project Comparison Denton Lincoln Mercury Criteria nt nano ro nano ro ro)se 1 �,z °,:�?. 5.491 Acres 5,491 .y j Acrsa • + Total x s nil 132 1 --i3 Trees ExleGny rsN I io 110 Ila Removed x sUnp Trees 22 22 22 bawd r*dlt for 16 Is 36 Existing Tress (0)S-- 1Y0 20 0 (0)6'-12'Q2.0 (1)6'- 1Y® 1,0. 1 (3)122'-24'•6 (3)12'-24'•5 (16)12'-24'Q1.6a 24 S 24'-35'■ 10 S 24' 3.6 10 S 24'-35'0 2.00 10 Required s (per Cq Council) Street Yard■19 (1 S tree•Per acre) Ser•sni • 8 Now Tress 33 4 Required Provided r"s (1 ) 4. ) 1 Per Acre Existing rsss 4. . Per Acre squ nd Shrubs Pervious 0.50 ACM rzli cC�s a Surface 6%of Site Area 5%of$ite Am 20%of See Aron R uiromsnt Psry ous 0.66 Acres 0.30 1.10Acres Surface 12%of bit•Area 5% of Sne Area 20%of Slid Area Provided ax mum 3,22 Acres 5.22 Aaes 4.59 Am— Impervious 95%of Sets Area 95%of Us Area 50%of Site Area surface • Allowed Impervious 4.83 Aces 5.22 Acres 4.30 Wes Surface 88% of Site Area 95%of Site Area 80%of Sda Area Provided J14 C Wly DocufrerdA lndscaP•Oro"mcotC 4T D(MOECTION 0 doe SECTION$ Paps 4 r�4 ?5r0 32X � � SECTION 9 City of Denton Landscape Projects w.' Y '6G ou 9'•`' x'11► 'IT ON J 1111 w r Qi fiY �Ir,s�ao i rL t r e i r , 7 +lrnw",01001 t;t A105 'WA!YkNIUMFb''r SECTION 9 r r '. Denton Landscape Project Comparison Albertson's at University eet cn <0 e ou x e reee RemovMG a*r`+acs 4+ !b'1;@�1 no �'� no ed r r; r ToW raa 0 62 r ulnd 15 tree w acn ` na u ! nee low 151AM I Acre ery ous U ;r n h r� _. 4 r eyn r, airN�►ent °L l, �,N144A;°`a.laW 2Q%btSheAm en ooe Y ce Provided 2%of SRO Ana 20%of SRO Aroe ' MAXIMUM IAllowed mpeevlou s Surface a{" 100%d 8ke Ana 00%of Site kM yJ r p',' 1_ Provided s Grins 98%4.04 Aorn S.290 of SRe Ara 80% of SRe Area i o. i. 3'F 'I w % r � i H 1 1 t _ r fi 1 [ r i i o way DocopmraLLsindoupe OrClmmnm=4y oocau eCrroH o Ox SEVION 0 Pape 6 E , 'V !I r r r` i f r 0 SECTION 9 city of 0entom Landscape Projects go 100 r I 3 i j I E I ALBERTSOONNS ' i _�arkt►�j tided 32f ..... I I i • rOKW N/ let LCM/ aatN'aP i na ItYi +r� 0 ' MM 60uka1G1'. .' I'Exlsting" Albertson's Illustration No Landscaping/Open Space Requirement C Wy DaunrrMalLardlupa Ordnanct=4T DOCMECT ON!doe SECTION1 paps 7 37 X I o r �. • c �i�'iyi a 12 Av SECTION 9 City of Denton Landscape Projects : rvr�vrc 4,40700 rrem OeA#2 B� Ar r1i 4arg+�f • • ( ! • ( Albertson's Illustration using Proposed Landscape Ordinance Structurb C Wy Doa,n*ntsu.na.wn adnmme 4.1 DOCSOEMN 9 doe BECTION 9 Papa b i ` r t r Lr L..r f..• �. r i. r L 1 ,. r W. r L. r i r SECTION 9 City of Denton Landscape Projects yAp- � - rb Yy � ��. 4 L�• �..SS � ��r ILL `/ • •j �`r' �J Jr��p • -'c rr y1Lir��S %y� y. Jr - '�• h F�� k'J f v')s 1 • e R4r F� � Jr Q i�Ih Y v �• � , � , J �. '� 0' ����� +J;u. v�j' ��!Jjw!•q' r Tf �� ; /III r` .4,, JrWtE., low �i� •if �1� ' r�r '.,kJ ,r " r • lIL Y ���� � ��'♦Tryr � /r'{,/. 'iY 7J�� r !c i J��r�!• � `sir ♦ • 'i/{ -d..•� wr 1 t ♦ r.6 c, '' I4�4 �%�n.+.(,���ejj��.♦�.��1��^''J�A ,,��YY�r�Y i _ ) 'no r• 1 .1 or . /, 71 •, • r• • r Lrll. 1IL1E, + l..ILrlt� rL t.. IIL, I r SECTION 9 City of Denton Landscape Projects ,� taw �.a, a•'i'���.C(}�l�l}� � - w fey- tjSj�l;4;M'a` AWN TV as `n • T •y�� , f irl's?' t� a �. Oko r .. - . . 60 SECTION 9 City of Denton Landscape Projects u.. fn-F ILI �, � +�lam.-,��'i•=�_ f`_ r. 1 1 . i • r 1 l r City of Denton Landscape Projects X44 qP -�dA = 140' n � acce»ira 0 �e 4tue - 13 a . i Typical Single-family Lot Illustration using Proposed Landscape Ordinance Structure °- s MY CWroom.mWUme.aP.aaM"=4.7DOMECT."tdoc sECT100 Pp•1= ' y 75X � 7 32XI ❑ e,l r • I rl. t f 1 f r irUYM + r ' , 1 I SECTION City of Denton iI f . ♦ * ♦ ' , 95 rt GAP �l�li��ib' • � • Typical Commercial/Office Corner Illustration • „ using Prorosed Landscape Ordinance Structure I C 1 C.VAy o«uR*nh%AharapG OrdrweO00 0 000MEMN I.ON SECTION i Pape U ` I • I - I - - — � �, n ❑ 32 x l l7 ! 1 e i 1 r r J r 1 Si 3' :A tl i 5 SECTION I Open Space & Tree r i Open Space and Tree Quantity Comparisons The table following this cover memo reviews metroplex cities,two other Texas cites and three from other states. The open space requirements have been synopsized for your perusal In an abbreviated text format t as well. Staff would Ilke to reiterate that all cities prepare their ordinances differently. Open space provisions are a figured on many different basis, particularly regarding Boodplain areas, Most communities do not allow b0dings within the 100-year floodplain. Many require dedication of the ftoodplein. They may or may not allow the developer to Include the Aoodpiain as open space, or they give partial credit for the floodplain. Additionally, many require landscapm setbacks from streets of varying widths. These wkkhs range from r 10 feet to 50 feet, depending on the roadway*kith. This add'sionai landscape wee Is in addhlon to any 1 m m Impervious cover requirements which 1 m u s an silo, Some cities also have axi landscape open pace p�'� ►e4 . tlmfS the amount of area not permeable by water on a site. When you cumulatively add all these provialons � r together along with the dies required open space, you get the'rear provision for she open space, not just those Imposed by landscape planting area requirements. This Is true for landscape plant requirements as well The second table following this cover sheet reviews provisions for the 10110, 15115, and 20120 scenarios C as they apply to various Menton projects. The third table Indicates a variety of uses from residential through industrial and the Impact on those uses for that particular use and lot area a i f � c r CwlyOoeurnsMsl Gndsap sOrcfnana}CCI-TOOC"ECTIGN10aoe SECTION 10 Pagel 2 5 x � � 32x ❑ SECTION t Open Space Tree Comparison Tables Open Space I Tree Quantity Comparisons 1 pan pace pen paw pan paw pan pace 10 Tr_e_a6..per Acre 16 Trees per Acre 20 Trees Per Acre 20.100 Traaa Current Donl � reel roods Man stp Acre a wn - ton a u lewisvine Dallas PrirwA w e's amvm Drosnr tT-- nbrook FL nit urrerd t,Worth __ Irv�.i am On piano Allen ad beret mow cKinne _ ington '. City: Open apace Requirement; a Arlington 10.20 kot ROW set"Oo, trameionel Duffers along ell Common property knee-industrial N 40 foot, oomnwclal office is 30 foot,mufiFfarnlly is 20 rod up to as much as 30%open apace I Austin By webrshed from 30 to 60%open span * 60ord 20%as uses * Bambrook Open Spsa equal for all uses @120%,more oull«ing required for more Intent*use. Cemrllton (Amended ill Heavy Industrial is 6%, light Industrial Is 10%,commerc'aVOks is 10% * Denss Open spec requi,wonts ere forced by planting requirements, not use predominantly 20% open two t A vanable 15 to 25%depending on dnslpn slewrit and bufMnng salections * Faliaw County Open spec deslgnated by watarsheds,20%up to 60% Farmers Branch 'Coy predominorOj buM'vu0 5%minimum aP uses a Flower Mound More fa Wsned uses down to VD, street bulfere, 0.50 led 0*pths, PIUI the Irvt", Paraing, bufting and swooning at least 20%and more In punned deuNopmenb * Ft Collins 20%and mows by ues from Industrial up to single-hmdy FI.Worth (ORA" Ft Worth tells us the1 the open spec*requirements road to be refereed,Is nary open space far mote Intense uses evrrerilly as by use-4%IndusMal and 10%commercial Garland (Amended 2197)By structure tire, not use, 100,000 6F or mare N O%, 20,000 a up to 100,000 BF k 13111 and 09 up to 20,000 Pie 17% Grapevine (Amended H?)NO ddle,ambition,no Ins Men 15% * Houe'on No drOverdiall try kite other Man higher for rnldamlwil uses In tome aces,avers g4 of 20% Irving 19 of of streets.M25%In open-pace LowsIvllls (Amended f010)No ddfenntiation by use- Ip%over III * I&Klnnay Non4"Ideribal N 20%,residential M 15% s Plano open space not Mood by use Planned developments and ovMsy d4trlds more restril with at l l 30% open spK*, 20% open apace generally wnh no kits than 10% Or the slle dated b landscaping along ROWS,up to 50 foot WWck1 al maJor roods * PrtiKeG►orgo Coon spacedeslp+stedbywstwoKods 20%up to 80% Richardson (Amended 11M )By bulking square footage Ins Mam 75.000 6F M 1%and over MM k 10% southlake lorefq Industrial 5.10%depending on Intensity of 646,IS-20%Commercial,and.20%o6ks Ind mural• villy Allen 10%or Ihe pavement area of Me ode,wrJudee ROW,lnlarar persmg, comer kl,soreening and , bufkring lendscapinp a indicates approslmet ly 20 percent Open*paa requlremen's;some requlrs MOM elan 20 percent Q . AA tines cakuials Mew open spas and bee nquovmenM dilMenMy Per has of ompkd fo raf*goraa vanous City 1r »gwornanfa a accu it as possible, given Nose peremaws cVyDocwwrillundsC*wOrdrimmeCC4.7DOOSUCTION10doe 8ECr10N10 Pape4 i MM �=��PMUJLMMMLXRLML�Mmam s p t a^ t + roe Yr�.- 4" AWWAM t , ; Y r 'l • i 14 r{ � SECTION 1 d n r. open Space & Tree Comparison tables [ Tree to Open Space Ratios Comparison by Project Type Project Project AcMP 16 V#Waera i 11 treWaen i 20lnetera a. Pro"Tye 10%open epm 1 i%0pn specs 20%open space rx b"TWO on f a F IN 7.78 A u 06 11.tH Aont 09 fi 162 AW"08 PebMs Brook 11.49 Acres 11fiTte"GOM —iT� rees on 230 TMGG on 1.7 S 2.30Acm09 1.1 OS 2 Acres 0 fnU Mu 6 Acres am9y amsT3ia�N'� an ross an 72 an RftkalaM b`; 0.26 Aora OS rr.. 0.61 Acm 08 - . 0,72 Apra 08 A rhnerks PION OF of I roe ree On ref on { RaidwAIs• 8 M Fem 100 9F 08 500 OF 08 am aF O8 Raldantlal a" le F 700 OF '' �` 1060 BF 08 1100 9F OS Raldfntld B e Fam 1000 OF 08 4500 OF 08 2 000 8 08 ( ores • reef On ref on ree on CommercW 0,42 Aem 08 0.62 Aafs 09 0.02 Aerie 09 DOMW n0 n reoe on rea on ref On Mena Comrnerelal 0.66 Aaa 08 O.a2 Aae 09 1.10 Aae 08 YO c roes on r"s on roe•on Commercial OMVOa 0.10 Aore 08 � 0,18 Aces 08 0.20 Acres 08 n Opper f ref 0r r"s an Role Mon h Full elte MemAfdu 4,16 Aore1 O6 6.68 Aaref 09 100 Awes 08 499 Tfs"on Partlal Bole Uaa M 2.60 Aoref 09 i,76 A&"09 4.0 Aaref 08 ,+ Cosh ape InftaNdW coal and miles Mh ~ R c10N land 0 Me < • I ` . . C ' C ern tlaumar+tsurwi icepe 04n.nce4c 4t OM MCC norr 10 doc SECTION 10 Page 7x � a 3X1 ❑ t I IL 1 9... E L I t, I ltr :. 1 t—, 1 t— r11— / e SECTION 10 Open Spate 8 Tree Comparison Tables 1 ii• �I rir ,I !ir . ill :55 ri1 _ 111 - 11 11 i i1 3 155 . P�i �4�.1� 11..1' - � IS■�T��i���l,.���1�� �� Ai�1�� �i I •I - _ �• 15 1 r1 1 ! .11 _ •• rir .'i 1 ri i �.- • i15 IIi 1�1 1 L ii l - 1Sr l�r 7 • r I 1 ZI . I 1T, Ir1 5 11 r 1 1 .r1 1 '1 1 CIS • • 1 1 0 1 l Tree,Preservation C o a � & Landscape a 0 0 '4 Ordinance C c E $ 6 rs c c� LM Comparison a X2�1• g �4 , Page _ ac3a �d c`� t3r�° LL c7U'� � L2L20. Applicability Municipal Projects — ■ • ♦ • ♦ • • ♦ ♦ 10 Is 1 # 14 14 ♦ Public and Private UtillUes ■ • ♦ ♦ • • • • ♦ ♦ ♦ • • • • Residential Development an ■ ConirrmerJal0evelopment ■ ■ • ♦ ♦ • • ♦ • ♦ ♦ ♦ • • • • • • • • • • Industrial Development ■ • • ♦ ♦ • • • ♦ ♦ • ♦ • ♦ • ♦ } Additions toStructures — ■ ■ ♦ • • • ♦ ♦ ♦ ♦ • • ♦ • ♦ • • ♦ • ♦ fl ' Exclusions Agricultural Uses ■ • ♦ ♦ • ♦ ♦ ♦ • • • General-Requirements — Plant list ■ ■ ♦ • ♦ • ♦ ♦ • • • • Tree Coverage Minimum I Max ■ • • • • • • ♦ • Pervious Surface Min.J OS Req. ■ _ j R ♦ ♦ ♦ • ♦ ♦ • • Underground Irrigation Residential • • • ♦ • • • • • • Underground Irrigation Non,-Res. • ♦ ♦ • • • • • ♦ ♦ • • • • • t New Canopy Tree Size 3" 2" 3" 3' 3" 3" 11.5' 3' 3' 2" 3' 3' 3' 3' 3' 3" 3" 3" 3' 3" 3' 3" Landscape Buffering of Land Uses ■ ■ • • • ♦ • • • ♦ ♦ • • ♦ ♦ • ♦ f ' r w� Sheet Trees —� ■ • � ♦ ♦ ♦ • � ♦ ♦ �, � 11 Y1 Internal to Parking ■ ■ ♦ ♦ ♦ • ♦ • ♦ • • ♦ ♦ • • ♦ ♦ ♦ ♦ • • C Wy DocumsHAIrdecapd ordnance=4-i ooemectm I Ida IRCTION 11 Page I % Ia 32XIII MM M O 5 ! i ' r, �,wi,1?f�f.'f�x°'ti Tai"�b"`�YL�gIIC%lPl�a�i7'� sl§�'� 1.'.ti�k�!r " 452({(�Q'!'�!Y'f�'"11MF'"a!S�lM1+Jf�✓11,1AI1RViEW9M'fY/d[RdNY61%141+ipM1\iMIYFAWP.'. enmort.giMr+s+,r.r++mn.wr�n,...M.,r.N„ f Screene�Parking ■ ■ • • ♦ ♦ ♦ • • ♦ ♦ ♦_ ♦ • ♦ ♦ ♦ ♦ • ♦ • t Tree Preservation & Landscape c s U iq Ordinance �g Comparison _ Ii. Page 2 d CJ a m O C7 .� t! LgL (t General Requirements Screened SloragelWaste/Loading ■ ■ ♦ ♦ ♦ • • 14 14 • 1 # ♦ 14 1 # ♦ • • 14 • • • i Alternative Compliance ■ ♦ ♦ ♦ • ♦ • ♦ • ♦ ♦ • • • ♦ ♦ • • • • Innovative Design Credits • ♦ • • • • • I Tree Preservation Protected Tree Size 10" 8' 8' 10" 3' 6" 3" r 6" 3" 3" 6' 8" 6' a" % 8" v + Tree Replaceme-ntlMitigatlon • • ♦ • • ♦ • • • ♦ • • ♦ ♦ • • • • Tree Preservation_Credit ■ ■ • ♦ • ♦ • • ♦ • • ♦ ♦ • Administration Tree Surveyllnventory ■ • ♦ • • ♦ • ♦ • • ♦ ♦ • • • landscape Construdiion Plans ■ ■ ♦ ♦ ♦ ♦ • • ♦ • ♦ ♦ ♦ • ♦ • • • • • • Tree Removal Permit ■ • • • • • ♦ • • ♦ • • ♦ ♦ • • Clearing Permit _ _`-- --_ _.___ _. — _- ♦ ♦ ♦ — ♦ ♦ • • Installation Approval 14 • • ♦ • • • ♦ • ♦ ♦ • • • • • ' • Installation before COlC+ccupancy ■ ♦ ♦ ♦ j ♦ ♦ ♦ • • ♦ • • ♦ • • • Appeals --- ----- � ■ _ ♦ • • ♦ ♦ ♦ ♦ ♦ • • • • • �Licensed lrngalor • ♦ • ♦ • • kegi4rid Landscape Architect _ _ • • • • • • ♦ ♦ ♦ • • • C Or Dmu"rl.ltv4w6p.aanuxNCC 4.1 DOMBfCT"11 doe SECTION 11 ' Page 2 32x { ❑ n i V t ' awnwu� , Y l P Tree Prot lion Standards ■ ♦ ♦ ♦ ♦ Maintenance Requirements ■ ■ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Tree Preservation & Landscape > 0 Ordinance Comparison Pape 3 l I C9 J t2 LL Administration 1 Penallies for Volations ■ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ BondlDeposit Required ♦ ♦ landscape Administrator on Stall ♦ ♦ ♦ ♦ ♦ ♦ ♦ • Prohibltod Activities —0 mom NONNI 0 Material Storage ■ ♦ • ♦ ♦ ♦ ♦ ♦ ♦ _ ♦ • ♦ ♦ ♦ • Liquid Disposal _ ■ ♦ • • • • ♦ ♦ • ♦ • ♦ ♦ ♦ Tree Attachments ■ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ' `^ Cut a Fill Limits _ ■ ♦ ♦ ♦ ♦ • • ♦ ♦ ♦ • • ♦ • ♦ i • Vehicle Farking ■ ♦ ♦ ♦ • ♦ • ♦ ♦ ♦ ♦ • C lea rc uttinglClearing ■ ♦ ♦ • ♦ • ♦ • • i X10 C M y DoeuMMINLlndaaan 0tanantA0C 41 ooeaMctaN I1 daa /IMN 11 Poy* 7 32Xln� t K y City of Denton Landscape Requirements COMPARISON: CURRENT VERSUS PROPOSED ORDINANCES CHARACTERISTIC CURRENT PROPOSED INTENDED IMPACT ORDINANCE ORDINANCE I Oriented toward site Prlori y is malntenance of Heightened environment at& i Ordinance aesthetics; minimum urban forest"; minimum ecologic awareness; principle of "Philosophy" planting expectations set landscaping for higher stewardship;canopy coverage for higher Intensity uses lntensit uses still Intact Is a measurable goal Minimum I tree per 2,500 Minimum i Iree per 2,200 More trees required; more Required Trees square feet of streetyard square feel or gross site flexibility in site distribution area 20 trees per acre Tree removal permit Tree preservation credits Recognition of enforcement i Tree Preservation required for all but single earned In proportion to tree difficulties; incentives based on and two family lots size hl her ceno coverage Promoted by requiring To be required when street Street trees should be located Street Trees trees located re street yard 5'R.O.W. standards are in the R.O.W. If sufficient space revised can be reserved for them Defined by street yard requirements;20 %of Minimum 20% of gross site undeveloped site can accommodate Landsca p a Area area betweon street& area must be reserved for m f s ite Is needed mature trees buildings is reserved for planting area per acre,20% _ landscaping to support 20 trees site per acre Land Uses Mufti-family d `fair share"princlply; all Aff ected Nonresidential Only All land Inside city limits properties share the burden and enjoy the benefits Distribution of Compliance Is viewed In terms Emphasis cn front of of canopy contribution; street A Required Tree Entire site may De used property(street yard) trees will be uipsd to address � Plantings R.O,W, aesl,opcs I tree per i5 parking Landscape area defined spaces, no parking space Tree cover is required to break Parking Lots as percentage of paved more than 50' away from a up large expanses of pavement area(4%or 5 %) tree trunk Required for parking cols d Required for parking lots R More bees of outdoor uses 0 Seroor ing dumpsten outdoor storage areas ROIW screened N visible from Six-foot screen between Six-fool screen between Bufferyards residential b residential 6 No change nonresldential properties nonresidential or000rtles Exterior weer supply Evidence supgesls that E Water Supply E ti r required No requirements sprinkler systems are not water conservallon•eHiclent. Complex;tree Simpler then current Efforts have been made to 0 • Enforcement preservation not effective ordinance-`20!20"rule demonstrate clear relationships t between cools and regulations 1 SECTION 11 Page 1 32x � [� ' ;..e "ee , T 0 Transportation t r r •i Y4#01171 ' Ye` Y' r• r 1 fr p u r ..'A. i?ri.b•r.;ulat!:...nrl...'w.... ...t ` ._i.. ^its! ..... ...+�...�._ . .. . [,a ( b j 1 1 1 CITY OF DENTON TEXAS CITYNALL WEST 221N.ELM DENTON, TEXAS 76201 E (817)566.8200 DFI V hfETRO 434.2529 l t Impact of Draft Interim Landscape Ordinance on Drainage Requirements for Individual Lots Tot Dodd HIM,otrector of Planning Fromt Jerry Clark,Director of Engineering and Transportation v Date, 02/05/98 Rat lot Grading and Drainage Plana { The subdivision ordinance that was passed In opproxlmstely 1968 wntains acme references to W grading. It states that no more than two lots shall drain moss a thud end requires lot•gred{ng plans for each subdivision.The lot-grading plan Is to be used by Building Inspection permR person to Inaure that each lot will drain properly whom the house is eonstntcted.We try to avoid that old problem of fences and one directional ditches that route an entire block of area's water down to one or two houses at the lowest point. Ouir subdivision ordlnsnces end drainage manuals w91 probably have to be updated to reflect the design changes necessary when lot grading changes,fdy understanding Is that we would two away from clear cutting end or mound butldk+g, We would move to a carefully guided process when the I natural features of the lot are protected while still providing for affielent stormweler runoff. Designing this type system wit take extra effort but should result In permanent sotutlons that protect C1s hwwwner and help presorve or develop the urban forest Jac l f ` a page t 'DrdlcatadtoQua&ySrrrla" SECTION 1i Page r�' ,. 25 x32 ?c 0 11! >-' r , r I I. rl , lii3 �� ..' 1S�� f �Ee��"�'1 ?Xfi�� 1AlM�tfti� �r.',� r�►�rF�:two r a. V B (i BTAT10 'A —.AJlI--' -- AREAS OR TEXAS •YY �•rl•].i...7 I 'fir ;, i .. EIL . I 1 ........l . ., ./.1.•.r•..•. ' Mr. M � .w ..M •MM ... i�• •�.. '1 Y r � y�Yr �.r' r ' r•� wll � ...I .^ ''.r�'.r ri 'y l.w1, it r •r..Fu u�u• e..}rM.l.... J... ,r. N- Y I•/ YM 1 M,,' M'' i r I r I i 1 r.l r ; .. • 1 r� i M M 1 1 .1 .• a. li 1 ' '1' i '• ��. �.. Yn r r ' r I Al 1 M r '•.". �' .. J ... 1 �rW i ✓IS' /•'M •~'• 1 � ifn 1 � 'Y1.7^•r4... .r. ' .. iw � r,.• ',-'rl.•.•'Y'Ir•. �•r•'.'•" rgr'1 ..t'I,II r.}`�'.,• 11f 11.11 Iry..�• • 1 r •� ' IRIt •L.. ,1• 1 i ''' V• •' 11,•r, • 1 • � Y � i 111 r '1� MI I�t. Y. r./. •�1.n• �M,. •• i r ..�i• L.. ; i ..w.. .S'••' ' �,.'1 1 •\yew r•. .• '�. w a 1�, i. .i r r r r7y, •.1' r'AL. ' 7.1' � � r i 1rY •1Y.i• q.�•. �'• •1.' .1. rr � 111• w ` ; ..�. .1...i 1 • '.�1 v' r;� 1 ,+ •��I1.. Silr.�. i. Plneywouds , 4, Gulf Prairies and Marshes 4 3, Post Oak savannah 1 ' 4• alaek and Pralrles ... .... ..', . r•, l 0 r an Pralrles ...... a South Tcxas � o f i`" • tl 7 Edwards Plaleau 8, Rolling Plains 9. Nigh Plains �'" ••�•� 7 10. TranS•P0e09 l .� .. y 41 1.. A - - --- .. 2.5 't ICJ 32X � d p � t f 1 . CROSS TIMBERS & PRAIRIES t Trees ! racer grancildentatum ✓Blgtooth Maple coryn 11111joensls o'Pecan CCICIS canndensls var. canadensls Redbud C. crrnntiensls var, texensls /Texas Redbud trlu.11;rroc lexana /Texas Persimmon 1:y,criharrUin lexana J Kldneywood !°r rxinu.a lexrnsls /Texas Ash Ili .� r k cl lwi ✓ Possumhaw Holly h i� l,rrw m icro wnrim J Npogallto 1. 111grr J Black Walnut J nil ori« u.4hcl I/AShe JUnlpe: 1. I duc 1 wrH Pinchot 1urnlper { J. virginlana /Red Cedar Mortis mlcrophylla /Texas Mulberry i Prosopis glandulosa /mesqulre Prunus mexicana ✓Mexican Plum Quercus fusiformis /Escarpment Live Oak Q. macrocarpa eSur Oak Q. margaretta Sand Post Oak Q. muehlenbergll /ChInkapin Oak Q. shumarchi r5humard Red Oak Q. texana /Texas Red Oak Rhamnus carolinlana ,Carolina euckthom Rhus IanCCOlala /Prairie Flameleaf Sumac R. mlcrophylla ✓Desert Sumac R, rirens Evergreen Sumac Snpindus saponaris var. dnrmmondll Western Soapberry Sophorn nfflnis v Eve's Necklace l'Imus Biala -AYInged Elm U. crasslfolla .Cedar Elm U. rubra .Slippery Elm l'ngoodia spectosa Alexlcon Buckeye Viburnum rufidulum Rusty Blackhaw Woody Vines Blgnonla radicans Tro mpel Creeper Clssus toclss Ivy Trcebine Cocculus corollnus Carolina Snell Seed Lonlcers sempervirens Coral Honeysuckle +♦ Parihenocl55U5 heptaph}'IIa Sevenleaf Creeper 0 P. quinquefolla Vlrgh)ln Crceper Vltis acerlrolln Panhandle Grnpe a> V. berlandlerl Winter Ornpe V. cancilcans Muslang Cirnlx, V. lincecomlt Post Onk clrnix• V. monticola Swcel NjountnIn Orape V. rupeslris Sand Grnfx 1 SECTION 13 Page 2 10 32 X I a r i I Cross Timbers & Prairies - ( Shrubs Aloysia gratissima white Brush Amorpha conescens Lead Plant 13erherit irifollolala Agarita Callicarpa americans var. amcrlcana American Beaulyberry Ceanothus americanus Jersey-Tea C herl)acea Inland Ceanothus Cnlubrina tesensls Texas Snnke-Wood Dolea frWOSC'Cn5 Slack Dalea Lommna horrlda Texas Lantana I.nn1cera alblflora White Honeysuckle \ISlvavlscus arboreus vor. drun)monclll Drummond Wax\lallow \IImosa borcills Fragrant Mimosa \nlina texana Sacahulsta Prunes gracllls Oklahoma Plum R rivularis Creek Plum Rhus aromatica Fragrant SumaC lilbcs odoratum BWffalo Currant Symphorlcarpos orbiculatus Coralt)crry Yucca orkansana Arkansas Yucca Y. ConstrlCla BuCkley Yucca 1'. palllcla Pale Yucca Y. rupicoin Twistleaf Yucca `Grasses - Lawn and Soil Stabilization lirrutclr)ua gracllls Blue Gratr,a 13. triflcla Red Grama tluchlov daclyiolcles 13uffn10grass Hilorla belangerl Common Curly Slesquite .' Grasses - Landscaping and Wildflower Framing Anclropogon gerarclll Big Blucstt!n1 A glorneratus Bushy Bluestem A. vlrglnlcuS Broomsedge Bluestem BOUte1011a Curtipen(lula skleonts orania Q B. grocills Bluc ornma B Irlfida Red Grams r hnsmnnthlurn latlfollum Inland Sea0015 epux Won (WINS Gteen sprangletop ,Nteiicv 1111ens 1 hreenower N1e11c ranicom vlrgatum switchgrass Phravnlliea ausfralIS Cerrito. Conln)on Reedgrnty roo a rachnifere Texas aluegrass Schlr Schyrlum scoparlum Little Bluestem Sorghastrumnutans Indlongrass SECTION, 13 Page3 Tripsacutn (actyioldes Eastern oammagrass 32X � W' t ,, � h • s�eoaenr . 0 r "WON" t. BLACKLAND PRAIRIES Trees Cana illinoensis Pecan Cercls canadensis var. canadensis Redbud C. caitaclensis var.texensis -texas Redbud Dlos,)yros texana „Texas Persimmon F.yS.nhardila texana ✓Kidneywood Fre.<irlus texensis TexaS Ash Ile< decldua ✓Possumhaw Holly h,glans nlgra y Black Walnut !unlperus asllei 4%she Juniper J. virginlans w,'Red Cedar Morus microphylla /Texas Mulberry Parklnsonla aculeal3 ✓Relama F,osopis giandulosa v mesquite Plum PrUnUs mexlcana P. serotina ✓ Black Cherry Quercus fusiformis r Escarpment Live Oak Q. macrocarpa ✓ Bur Oak Q. margaretta —Sand Post Oak' Q. muehlenbetgli rChinkapin Oak Q. shumardli vshumard Red Oak Q. texana " Texas Red Oak Rhamnus carofiniann ✓Carolina Buckthorn Rhus glabra ✓Scarlel Sumac R 1a11C@Olat.7 ✓ Prairie Flameleaf Sumac Sapirnlus saponarls var. drunvnondil Western Soapberry Sophora affinls ✓ Eve's Necklace S. secundiflora ✓ Texas Mountaln Laurel UImuS amerlcana . •-\medcan Elm U. crasslfofia ✓Cedar Elm U. rubra a Slippery Elm Ungnadia speciosa ✓Mexlcan Buckeye viburnum rufidulunl Rusty Blackhaw Shrubs 0 nloysia gratissime whlle Brush nmorpha fruiticosa False Indigo Berberls trifollolata Agarita Ceanothus amerlcenus Jersey-Tea C, herbacea Inland Cesnolhus Dalea frulescens Black Dalea =' Lantana horrida Texas Lantana Lonlcera alblflora while Honeysuckle • Mah'avlseus arboreus var, 0 • drummondii Drummond Wex-Mallow Prunus gracills Oklahoma Plum P. rivularls Creek Plum Rhus aromallce Fragrant Sumac Symphoricarpos orbiculefus Coraiberry Yucca arkansana Arknnsas 5'ucce Y. pallicla Pale Yucca Y. rupleols T%Yvoleaf Yucca SECTION 13 Page I I c ' , ' ?") 'k I ❑ 32XI ❑ r i 0 i . . f Mackland Prairies - Grasses - Landscaping and Wildflower Framing Andropogon gerardil Big Bluestem A. glomeratus Bushy Bluestem A. virginlcus BroomSedge Bluestem Boutelouacurtlpendula SictcoarsGrama Chasmanthlum latifollum inland Seaoats Leptochloa dubia Green Sprangletop Panlcum virgatum Ssvltchgrass Phragmites australis Carrizo. Common Reedgrass Poa arachnifera Texas Bluegrass Schlzachyrlum scoperium Little Bluestem Sorghastrum nutans Incliangrass Trips icum cloc t told es Eastern rn Gam ma rass Zizaniopsis millacea Southern Wildrlce Woody Vines Bignonin radianns Tri mpet Creeper Cissus Incisa Ivy Treebine Cocculus caroling Carolina Srnil:Seed Lnnlcen sempervirens Coral Honeysuckle 11nrihC11005.SlrS cluincluefolin Virginia Creeper 1 Vltis herlandlerl Wintc r Grape V, cnnclicons Mustang Grape I V. Iincecomii Post Oak Grape Grasses - . Lawn and Soil stabilization Bouteloua gracills Blue Oama Buch1oi3 dactyloldes Bulfalograss Hilaria belangerl Common Curly Mesclutte 1 - SECTION 13 Page 5 0 1 r r O VAW.A,a Texas Agricultural Extension Service w r The Texas A&M University System TREE PLANTING AND CARE JOHN COOPER CEA-HORTICUL7URE 306 N.LOOP 288,SUITE 222 DENTON,TEXAS 76201.4818 9405655536 OR MMRO 9724342052 The most dominant features in any landscape are Its shade trees. They tower over all other plants and many times even the home Itself. Establishing quality shade trees should be at the top of every homeowner's list of home improvement chores. Nothing makes a neighborhood like its trees. kind a street of hardy oaks and you will find a neighborhood that holds its properly values above the average. Trees beautify the home and business, cut cooling costs, reduce water bills, cleanse and freshen the air we breathe and reduce noise, heat and glare of the city. The kind of tree you select has more bearing on its long term health and performance than anything else you will do. Our most desirable trees exhibit strong branching, moderately fast growth rates, good resistance to pests and are well suited to our soils and climate. The top shade trees to plant in Denton County Include from tallest to shortest on (good sites): pecan (801; shumard oak (701; sweetgum (601; bur oak (601; baldcypress (60'); live oak (501; chinquapin oak (501; fruitless and thornless osage orange, e, g. `Park' (501; Texas ash (401; Chinese pistache (401; lacebark elm, 'Drake' (301; and common persimmon (30'). For evergreen windbreak trees, our best choices Include live oak (501; Austrian pine (401; eastern red cedar, the "sneezeless' cultivar, 'Caneartil' (401; and Japanese black pine (30'). All of the above 15 trees can be planted in any soil except sweetgum, Chinese pistache and Austrian pine which should be reserved for acidic soils. When you get to the nursery, selecting which tree to buy is simple but • critically important. Use the same care you use when buying produce. Expect the same quality. inspect the trunk closely. Avoid trees with missing, cut, leaking, bruised or discolored bark. Look for strong shoot development with smooth, straight wood and large buds and leaves. Avoid trees with weak, broken, scarred, scalely or cai�kered branches. 0 Container grown trees cost more than field grown trees because they cost more to produce. Container grown trees are usually worth the extra price O • though because they establish more quickly than dug trees. The advantage of dug trees Is that you can buy a larger tree for the same money. Regardless of the type, the root ball to trunk diameter ratio should be 10:1 or greater. Extension programs serve people of al ages resa0ess of socioeconomic level,rate,color,sew relig ion,dAsability or national orlem. The Texas A&hi University System,U.S.Department of Agriculture, and the County Commbsloners Courts of Texas Cooperating , SECTION 13 Page 6 11 32 VW FMMrw ZRZ i' � ` 1 e O 1 1 Soil preparation is the first key to establishing trees. The hole should be dug no deeper than the root ball so that the root ball rests on firm, undisturbed soil and will not sink or settle when the tree Is watered in. The hole may be dug as wide as you would like. Backfill the hole with a 2:1 ratio of native soil to well-rotted compost:. The volume of soil you amend around the root ball depends on bow much compost you can afford to buy or produce but typically six to twelve inches around the root ball will get the roots off to a good starL Poor soil drainage is one of the most common causes of tree losses during the first year or two after planting If you have a poorly drained site,you can significantly improve the tree's chances of survival if you plant the root ball half in and half out of the ground. Cover the top half of the root ball with amended soil and gradually slope away. Once you have the tree planted, stake it upright if the tree is likely to blow over. Trees with under-sized roat balls or planted in loose, heavily- amended soils are subject to wind-throw and should be staked. Loosely tie the trunk two-thirds the way up the trunk. Use wide bands of soft, flexible material such as strips of old tare inner tube, to loop around the trunk and tie to two stakes sunk straight up and down parallel to the trunk and adjacent to the outside edge of the root ball. Provide enough play to allow the trunk to flex as much as it can before the ball begins to turn over. Allowing play,and flex in the trunk makes the trunk stronger when the stake is removed. Remove the stakes after two or three years. After the tree is planted and staked, apply a heavy, three to four inch layer of organic mulch. This will help keep the soil moist to the surface and prevent the soil from cracking at the surface. Soil mulches make the soil cooler in summer glyphosate d herbicides d weeds to kill eds and grasses l weeds. ncluding turf Usethat grows up in the mulch. Do not spray herbicide on green parts of the tree, The trunks of newly planted trees and young trees with thin, smooth bark should be wrapped from the ground up to the first limb from November through February to prevent freeze damage and from June through August can protect them from sun scald. Remove the trunk wraps at the beginning I A of each season and replace with fresh ones at the beginning of the next Trunk wraps are only helpful for the first year or two of establishment Added trunk protection from string trimmers and runaway lawn mowers should be provided at the base of each tree. Use specially designed heavy rubber tree trunk guards. Flimsy plastic tree guards do not worts. Flexible drain pipe works very well as a tree guard material. Simply cwt 4-Inch flex drain pipe Into 8.12 inch lengths and slit them up one side. These can then O be easily slipped over the trunk for quite an effective tree trunk guard. Watering is critical to the survival of newly planted trees. Even with a heavy SECTION 13 Page 7 i film"" , O r , 1xWUN mulch, trees should not go longer than ten days without rainfall or irrigation during their first two years of establishment. Over watering can be just as deadly however and trees should not be watered more often than twice a week. Watering deeply once a week in the absence of rain during the hottest days of summer is probably about right for any tree in any soil if the tree is heavily mulched. As with any plant, you cannot drown trees by applying too much water, you can only drown them by applying water too often. When you water,water deeply. There Is a great debate about whether or not to apply fertilizer to newly planted trees. The truth is that if you have a container grown tree, it has been fertilized since it was a pup and likes it pretty good, so keep it up. If you have a dug tree,it will be growing roots soon and when it does,you want it to have access to fertilizer. The notion that the roots of newly planted trees are too tender for fertilizer is wrong because feeder roots on any aged tree only feed for the first two weeks or so of their life before they become too woody to feed. The problem with fertilizers occurs when people either apply too much fertilizer or they don't keep the trees watered. A general rule of thumb for fertilizing trees is to use a complete balanced fertilizer such as 10-10-10 applied under the tree In a circular pattern with a diameter equal to the height of the tree at the rate of one cup per inch in trunk diameter in March, April, and May. Fertilized trees should not be allowed to go completely dry before being watered. But remember, don't e( water too often! Pest management requirements should be few if you have planted a recommended tree species, However, any tree, regardless of age, is highly susceptible to attack by borers during the first two years of establishment. During the first two summers after planting, apply a borer spray containing chlorpyrifos or Undane to the trunk from the ground up through the scaffold limbs once every four to six weeks from April through September. Young tree training is very helpfid in building a strong, well-branched tree. Although some tree species have naturally strong branching habits almost any tree will benefit from selective limb thinning in the early years of its life. The primary and incontrovertible rule for young tree pruning is simple, 0 eliminate forks. Forks always result in narrow branch angles which are weak by nature. Where more than one Umb arises from a single node,.,a fork develops. Remove all but one of the limbs at a node. Leave the limb that is growing in the direction you want it to grow, if the limb you leave is also the uealthlest and the straightest of the limbs,so much the better. 0 You can select the limbs you want to grow during the growing season rather than wait for them to grow and then cutting them off in the dormant season. 0 0 t By going out and looking at your trees every couple of weeks you can see how the branches are developing. if you see two buds breaking from the same node, stop one of them by removing the growing tip. The shoot you leave SECTION 13 Page B arY i r will take the sap intended for both and will grow twice as fast As the tree grows, allow it to develop a 'trashy trunk". Remove only the lowest one-third of the limbs arising from the trunk. Using this method, called the "trashy trunk" method, when the tree is eighteen feet tall, the lowest limbs will be six feet off the ground. Most people want their trees to have their lowest branches a minimum of five to seven feet off the ground to facilitate foot traffic so that is when you would stop removing limbs from the trunk. The trashy trunk method delays the "tree-form" appearance of the tree but it is very important for developing strength in the trunk. Trees not developed with a trashy trunk tend to lean with the prevailing wind because the ink was weak and whippy in its early years of development Lifting the canopy of mature trees even higher than the typical five to seven feet is often desirable. The foliage of many trees Is so dense that the home cannot be seen for the forest Trees are planted and it takes so Ion g for them to grow we do not realize they have begun to screen the home from view. Sometimes a whole new perspective on the home can be gained by iemoving the lowest limbs so you can see the home under the trees. The lowest limbs are the weakest limbs on the tree. Because the light at the lowest levels of the tree canopy Is of lowest intensity, the lowest limbs may actually be consuming more energy than they are producing for the tree. Pruning the Iowest limbs usually results in a more vigorous tree with �{ stronger peripheral growth. j A third benefit of pruning the lowest limbs is that vegetation under the trees, whether shrubbery,ground covers or turf receives more light Plants exhibiting lower vigor than they once displayed may simply be suffering from low light Intensity. This Is especially common In turf, even St. Augustine. Removal of dead, dying, damaged or diseased wood Is probably the most common reason to prune mature trees. Limbs the over time from many causes. Periodic removal of weak and damaged wood improves the physical appearance, lowers the safety hazard of falling limbs and helps maintain the structural integrity of the tree. Trees leaves fall to the ground each year and mulch the roots. Soil microbes A compost the leaves and release the minerals to the tree roots. This is the natural feeding cycle for trees. Don't bag you leaves and send them to'the landfill. Shred them down into the turf with your lawn mower where they will break down Into soil. If there are too many leaves, shred and bag them with your lawn moa rr and use them as mulch under your trees and shrubs. Trees provide so many environmental benefits it is a great accomplishment a to establish one. Although the establishment requirements described here C may seem rigorous, they are intended to get the best possible trees off to the best possible start with the greatest possible success so we may all enjoy the best possible urban forest throughout the years to come. SECTION 13 Page 9 - - -- • � A r araeare. 0 1Y�1R� k 4 Texas Agricultural Extension Service The Texas A&M University System NATIVE PLANTS TO USE FOR ENHANCING WILDLIFE HABITAT by John Cooper, Denton County Extension Horticulturist i Wildscaping is the practice of creating wlltide hafNat In the urban landscape. The twee essential elements required for wildlife habitat are rood, water and shelter. Plants provide two of these, food and sheher. Native plards provide these elements In the seasonal abundance and quality wildlife In the area require. The following woody plants are native to the area inside a SO-mite radius of Denton, Texas and are recommended for planting In Denton County voldscapes. THE TREES Aescufus E arguta ........ . ...... ..... ... . . .................... .. . .... . .. .... .. .... . .. ......... . ...... . . . .Texas Buckeye Bumella lanugf ose... . . ....... ......... . . ........ .......... .... ....... . . . ...........................................Chittimwood Carya 111noensts... .......... ... .. . .......... ............. . .. . .. . ... .. . .......... .... .. .. ... . .... . . . .. ......... .Pecan Carya texane....... .... . .......... . ....... .... ... . ........ . ........... . . .... .. ... .. ........... ..... .. . . . .Black Mckory Cersis canadensfs var. candensls...... . . . . . . . ..... .... .. . . .. . . ... .. .. . .... ..... ... . . .. . .....Eastern Redbud Cersls canodensts var. texensis..... .... . .. . .. .. ................. . . . . .. ........Texas Redbud Cornus fl orlda.. ............ ....... . .. . .... . . ... . .... .... .. . . .. .. . ... . . .... . ... . .. ... . . . ..Flow"gDogwood Crelaegvs reverchonif. . . ....... . . . . ...... .. . . . .... .. . ..... . .... . . ..... .. . .... ..Reverchon Hawthorn Dyospyros virg lnlana... ........... .... .. . . . .. .. , .. . .. . . . . ... .. . . ....Common Persimmon Forestiera scuml nato....... . . ... ...... . . . ... ... . . .. . . .. . .. .. . . . .. .. . .. . . . .... ... . .... ... .Swamp Privet �,. Fraxlnus americana... ... . . .. . . ... . . . . ... . .... . . .. .. . .. . . ..... . . .. . .. . ...... . . . .. . . . .......Wh to Ash Fraxtnus pensylvanlca........... . . , ... . . .. ., ...... . .. . . ... Green Ash Fraxlnus texensls ...... ...... ... . . ... . . . .... .. .. .. .... . . . .... ....... .. . .. ... ..... . . . . . . . . . . ..Texas Ash Pox decldua................................... . .. .... .. . ....... . ........ . . ........... . .... ..... . .. . . . .Deciduous Ho Juglans ntgra... . . .. . . . .... ... . .. . .......... .... . . .......... . ... . . ........... . .. . . . . . . . . ...Black Walnut Madura pom,fera... .... ... .. . .. .... . . .. . .... ...... .. . ......... ..... . ... . .. ..Bob d'arc Moms mf erophyff a. . .. . . ..... ... .. .. . . ............ . .... .. . .. .... . .. .. . .... . .. . . . ..................Texas Mulberry Morusrubes... . ...... .. . . .. ....... . . . . . .. ...... ......... ... .... . ... . . .. ...... ....... . .... ....... . .. ..Red Mvibeny A Prunus meirrcena...... . ......... . ......... ........... .... . .. . .... .. ......... .. ...... ...... .. .. ........ . . .. ..MexW Plum Prunus munsonl ona............................................................. .................................................MuroomPlum Pfelea frl foflofa......... . ............ . . . . ... . ...... . . . .... .... .... . .. . .. .. ...... . . . ............ ... ...........Water•ash Ouercus fustform ..... . .. . ... . ... ....... . . . . . .... .... . .. ..., , ., Escarpment Uve Oak Ouercus macrocarpa. .. .... ... . . .... .............. ....... ... . . . . ....... . ..................suroak i Quercus merPondlca. . . . ... ... . ... . . ... . .... .. . .. . .. . . .. .. . .. . ...... . ....Btacklack Oak ` Ouercus muhhnber 0 rl. ., ..., .. .. , .. .. . .. .. . .... . .........Ch inksplm Oak Ouercus nfgra. . . .... . ...... ... . . . . . . ..... ........ . . .. ...... . .. . .. . . . ...... . .. .... . . . . .. ......Water Oak Quercus shuma rdfl.............. ...... ................................................ ..................................SnumaMRedOak Quercus slnvats........ . . . ... .. . . . . . ......... .... . .... . ... ...., .,.. . ... . .. .......Bigelow Oak Ouercus steflota........ . . .... . . ..... . . .............. ... ....... ... . .... .. .... .... . . ..... . ... .... ... ... ......Post Oak Quercus vef ullne....... .. . . .......... . ........ . ..... . .... .. .. .... . ...... . . . ..... ... .... .......... ...............Black Oak Rhamnus caroiirdana............................................................ ...... ........................Carolina Buckthorn Rhus copal!ins.................. . ......... ..... . ...... . ,. . .......... ...... . . . ,........Shining Sumac Rhus fanceolats......................................................................................................PraINFlameleafSumac . Solrx rnferlor. .... . . ......... . ..... . ..... . ....... ...... ... .. .. ... .... ....... .. ...... ..... .... ..... . .....SandbarMow Sapindus drumondi l. .... ................. . . . . ..... . ......... .. . .... ........ .. .. .... ............. . . . .Western Sospberry O A Sophora al 0nls.... . . .. .............. ... ........... .... .......... . ....... .... .. .... .. .... ....... . .. .... ......Eve's Necklace Urmus emertcona... ............ . ....................... . .... .... .... .. . ........... .... ,.....AmericanEkn ! ulmus crassifolle.. ............. ... . . . ... ... . . .... ...... .... ......... .. ........... . ............ , .Cedar Elm Il U1mus rubs .... ........ . ......... ................. , ., .. ...S Elm fDPery I Zanthorytum cl ova-hercutoS.... .......................... ..................... . . .....HerculesClub Zenfhoxyfum hlrsufum...... . ............ ... . ..................... ....... .......... .. ,....Tickle Tongue .. I SECTION 13 Page 10 Qxlension prolams serve people 01 11 ales reprdiess of sodoeconornk level,race,color,sex,reli;ton,dsabitry or m ll mal pril'n. The Texas AdM UniverOry System,U.S. Department of Alriculiure,and the County Commissioner Courts of Texas Cooperalinll 32XIO , 0 0 E SHRUBS Aloysla grattis slma.............. ........... Whilebrush Amapha fruUCOSa................... 8accharis neolecfa... ........................................I...... ................,...........New eiallWead Berberis frifolio late.................... CaNcarpaamericans........................ ................. ...... ........................... ........ ........Amercan Beauty Bush Ceanothus amerl canus................................... Ceanethus herbaceous............................... ....................................................................New Jersey Tea Cephalanthus occ identahs....................... ................................ .... ........... ...... ..................... ....Redroot Corms drummondil.............. Buttonbush Dares frurescens............................................ . ........ Ro ughleat Dogwood ................................................. ........ .... ........Black Dalea Euonymus atropurpureus................................................................................................................Wahoo Forestiera pubescens Herald Lo lino arhelm a...........................................................................................................White Honeysuckle Y ulnus l an ustifona.............. ".Dews ShoesWng 0 prunus rvularl s.................................................. .................... -Chickasaw Plum Prunus raclas...................' Oklahoma Plum Rhus aromatics Creek Plum Fragrant Sumac Rhus oliolos..................................................................................................... .. .............SmoothSumac Rosa serigos.................. .. White Prairie Rose Rosa seNOera...................... Climbing PralifeRoss Saba! minor...,,..... ........ .................... ......... Dwarf palmeho Sambucus canadensd's s;s.............. . ...,..................Elderberry SY9p'Un nad;a seciosa.............................. ......:................. ............................................. .........Coraberry i +orlcarp�s orD;culartis.............................. . ....... .......................... ...... .....Mexkan Buckeye Viburnum ruridulum,.. ......,,. ..........Rusty Blackhaw Yucca arkansana...................�.. ,.,.Arkansas Yucca Yucca pau ids............................. ................. . .,...,...., Buckley Yucca Yucca consrrlcfa............. .. .....Pale Yucca THE VINES 1 Campsis radreans...................... ........................... ............................................. ".HeanleatAmpelopsrs Cissus Am elo srs Cordata.................. �... ............ ...., ....Trumpet Creeper Cocculusin ca ohnus................ .. Ivy Treebine 7bervi!!ea lindhelmeri.............. Snailseed . . . . . . . Lontcera sempervlrent. . ,,,, ., Balsam Gourd ... ....... .. . .. .... .. . . Coral Honeysuckle parthenpocissus quinquefolia ,. . .. . . ..Vr�inaCreeper Viess ... . .. . . ........ ...... .. .. .. .. .... .. DD.... Grape (many species) Not all native plants are adapted to all site and soil conddions and afield or growing guide should be consulted before planning any plant with which you are unfamiliar. Many exotic pf;r^s are wef-adapted to our area and provide load and/or shelter for wlldtife as well. Planting a wide variety of native and adapted • plans affords you a good chance of attracting and supporting a wide variety of wildlife. Available food sources can be supplemented by planting wildflowers and native grasses that are avowed to mature they seeds and fruhs. Bird feeders are especially helpful during the winter months when caloric demand Is high and available food stocks may be limited, Water may be supplied by setting up and maintaining a small bird bath Or creating other landscape water features such as reflecting poets or water gardens. Niches for r shelter can be developed In the landscape with grove plantings, masses of shrubbery, and tag grass prairie meadows. Nesting boxes can be constructed and placed In the landscape to provide artifl W • • • shelter for certain birds and mammals with special needs. Aquainting your neighbors with the principles and methods of wildscaping will not only help them appreciate what you are doing but may encourage lick% them do some of the same things. Wildscaping Is entirely compatible with contemporary landscape Cobjectives, but remembar, neighbors and future prospective buyers of your property may bo more concerned about the aesthetics of your landscape so good design sense should always be Wed. SECTION 13 Page l l E v+ .'f .1". /4T Q7t' e.,'; J i l? K i..•, rti/.- `� • 4� ' tI l Of � 4• I. x r , I a'xorw I . -. • . ...• M'4hn!..4 MI4+XWAW Mt. . '.. n � . . I I •' Texas Agricultural Extension Service ' The Texas A&M University System r i ORNAMENTAL PLANT LIST ACCORDING TO USE FOR DENTON COUNTY John Cooper, CEA-Horticulture 306 N. Loop 288, Suite 222 a' Denton TX .76201.4818 Ph: 817-565-5536; Metro 214434-2052 1 �E1VFBAM AW-ff1 SUME TREES• Evergreen r I s<t& , Comma Name kfa"KL= z Wed &a R slot Exon ies Southern live ask Quereus vlrginiana 50'x 50' and 1 a Escarpment live oak Quercusfi4brmis 40'x 40' and 1 a &VFRAA�V SUADE TIZE'EW Deciduous Ii Ile$Ae Commoo Name eotAAkAJ Name i ds s �►l�c El�ue rccan Carya ftlinomitr g0'x 60' and I s Shumard oils Quercutrhumardif 70'x 50' and I t 1 Sweet gum Vgwfdambar eryrociltuo 60'x 40' al m a Bur oak Quernumacroearpa 60'140' and I ! Chinquapin oak Quercus muehlenbnjll 60'1 40' and Bald cypress Toxodiwn dirtkhwn 60'130' md, Pd m t Texas ash FraxlAw rerensk 50'x 30' and I s Osage orange Mactwa ponora 'Park' So'140' and I s ' 1 Cedar elm Umw erass&lia 50'x 40• and I a Gccbark elm Ufmus POrv0114 50'1 35' std m a Chinese Ptstache PtrracAfo eAfneara 40'x 30' and I t Common Perstmmon Dtoepyroa vfrginfana 30'x 210, and l a Texas red oak Querclr rexana 30'1 30' and { t PLANT I)MCKWHON KEY Height x widtbr height and width in Net at maturity Sa l: Water: Exposure. !- md- moderately drained toil I. low ron II- acid lovin g plant m- moderate pshr partial shade d h he sae • ,� gde requires good drainage k� high t � pd a tolerates poor drainage east !m inaga t ' s FbwerlFoGage Cobra: y, Aged Y-yellow W.white {{ Pi-pink B-blue A-usorted colon Donnge pu-purple L+ //efn^uua/.e.elr dFe TnuArr4Jv,♦4f�rie.Sw+inw+erarre 4/eearr�+W'd°a/,�sieraawnbLvf,nK eatrl at rlyraR��/Mpa,re,yrarrea,. . T„e Tar Al M Vn►�+a7 alse�V3r OyM^�d d M�Ivn.a1 IFa Gwaa/lwwla�r�a N+n d Taxes e1eTe'aanl 1 SECTION 13 Page 12 25 0 3 2xlCl . I B , I I ' I 01lNDA770N P/�NZ7�r^c nIn J21V 1 M1004 Name nq�d I ucher abets Nye 2t331d19 $ HAW Abrlia 9rand&ra 'Edward Ccucher' !'x $' and In s,y� r � 1 t ft I;e juniper Jxnlperks?ChlnaNfr'P6LxeTanl' ejuniper Junlprrxrchtnens6 -Blue Vale. SIX 0 41 Id 1 s r�..Ct randios Nandins dameI 'Com aces' anese scuba Acuba faponka D SIX V and l s, sh ' aneie fatsia 4'x 4' Ind m art homed hoUy Fauia fapanka 4'x 4' and m sh,e arf Japanese holly 17ee cornula'Rotunda' 4'x 4' and 1 a, sh I art yaupon lla crrnata 'Compacts 4'x 4' and 1 a, A ila vomkorio 'Nana' 4'x 4' and t a, ah ler holly 11aCOpaula'Clrafa' ter holly 3'x S' and l s, sh emery 11"erenara 'Heteri' 0'x 4' and 1 s, sh It m Jtcum"�ur o�lcI 'Tuscan Blue' Vx 4' jd I a ope Lblope ji`anrea srl Plitt" Nandina domritica 'Harbour Dwarr !'x V and 1 s, sh Vx 3' sud rrf PGtzcr ,nese Arden juniper Jw ehlAtI 'P6e Coms 2'x 6' pd l a Juniperrtrprocumben.r juniper 2'x 6' `d t o 1 a Junlprravc 2'x 4' d 1 a ;tte abets oq:rna Abeha S andjllora'Prostnta' 2'x 2' and 1 s.psh i - — I 1211AW Name x Wrdt! sr WaIQ i er hoUy Iles x Wrnaara 'Posted' I2 25'x 15' and m a, ash I le R. Stevens hotly Vex aquj/alium 'Nellie R Stevens' 20'x 13' and m a, ah ord holly Rn cornum'Burfordi 20'x 15' and In >an hoUy Ila vomilorla a, sh fern wax Myrtle 20'x 1V and I a, sh J Myrna en4frra 20'x 15' and I a,prh cse P ontin i PhMinla urrulalo 20'x 15' rnd 1 a, psh Photfnla xfrarrrl IS'x SO' and I a, rh- Coupon llrx vamFrorio 'Pendvla' n 12'x !' and i s, sh `nit's silverberry £lrojnui x ebbrntei 10'x S' and 1 s,Psh rf sh rf Burford holly llrx cornule'Burford! Nane gated Chinese Privet Tx 4' and 1 a, is Lljurrmilnrnre 'Variessta I I 7'a 7' and m s, Psh Nandtna domejrI 7'x 4' and 1 a, sh .y abets Abelia trandylora Vx S' and m s, Psh s late Leuccphyllwn frureI 6'x S' nsd I a rd Coucher abets Abrfia Srandyfore 'Edward Coucher' SIX S' and m a,psh rjuniper - Janiprrurchteraris 'PLtzenna' SIR 100 and 1 a vase juniper Junlprrur chfnruG 'Blue Vase' SIX. 4• and 1 s ,act nandina Nandlna clan ea 'Compacts' SIX 4' and f lapsnue hoUy /7a crrnola'Compacts. 4'x 4' tnd I s,ah f yaupoa Ifs vomllorla 'Nana' 4'x 4' and I m u holly 11rr cornvla'Cari»a' SIX $' and m Japanese hilly 114x crrnata 'Heteri' YA 41 Mope Llrlops tlranlra Vet S' and m Ad1WW Name ANT PI111V7S: SverrreeR [tdd}t r n nduL IBM "t 9 FsD 3Yilac ltt 1Tx end 1 ns Nandi m na dre,rfra 7'x 4' and 1 sated Chinese Privet Lfturrrum llnrxrr 'Variesitz, 7'x 7' and m a, Psh abets AbrNa l p ra d 6x S' and m a,pp ssh h e LeurophNum frutan 6x !' Sd I a,4 eta Abelta jrand&m Edward Cuchce SIX S' old m a, orna e"niceCmpacta SIX 4' and m a, sh se scuba Acaba faponka 4'x 4' and m alt,• u fa4L rattle faponka 4'x 4' and m sh,a 2 SECTION 13 Page 1: Ist v A fl { a72 X L :�' , � Cs Ao A i ,' r Ir t� I S S � i ^• '.t`BbiAa� i q ':'.Rlilpaa • II Giant Mope Liriope gtraesra 3'x 3' and in bah ` Leatherlea(mahonis MahoAta beatel 4'x 3' gd m psh, sh Dwarf nandina Mandina domrsrlea 'Harbour Dwarr 3k 3' and in b sh ' ?.,CENT P7111VT5: Deciduous � -- Heigbt Common Name f 2 Exm Flowering crabapple Mapes hybrida(eultivara) 20'x 20' and 1 a Eve's necklace Sophora ofjlnis 20'1 15' and 1 a, psh hlexican buckeye AngAadia speciosa 20'x 15' and 1 b psh Japanese maple Acerpabnarum(culdvaa) IS'x 10' Sd in psh,sh Flamc-lean sumac Rhkr Ianceolara WX 10' and I a,psh Crape myrtle Lagerstroemler fnellca(cuhivan) 12'x b' and I a Flowering quince Chat"Males epectoso Tx S' and 1 a, psh Bridal wroth sp'irca 4drea prunifolia 71x S' and 1 b Psh r Dwarf crape myrtle Lagerstroemia Wzca (evhivas) 6'x 4' and 1 a Vanhouae Wire& Spired x vanhounef 6'x S' and I s Purple leaf barberry Brrberis Aunbergli 'Atropvrpurea' 5'1 4' and I a,psh Dwarf pomegranate Punka granatmn 'Nara' $'1 4' and 1 b psh h Dwarf towering quince Chaenomdej faponka 'Texas Scarlet' Via 3' and 1 a Prosuate crape myrtle Lagermoemla Ended (ealtivars) 31x 3' rod 1 b psh Pygmy barberry Be,berls thunberjtll 'Crimson Pygmy' 2k 3' and 1 e,psh J GROUNDCOVERS: Evermen only 19e.gDe Common Nam t potxnkal 14ms x yiidth &` Welar Exmg English ivy Nrdera helix Vit 6' and I sA Shore juniper Junlperkr con grld 2'x S' gd 1 b pah 1 x 4' d I a trs euhiran e jkR trier JWI'1j011r0 (/ ) i l t.rte In VA r P g 3 ix ' L mete garden juniper lunfprrwprocumbexr 2'x 7' gd I s - �s. arf Japanese garden Juniper laprntse praumbenr'Nana' t'x 3' 94 1 a L•vlope Lirtops mwearil 1,5'x l' 9d in a, sh Creeping Wy turf Lirlope eprearo Vx 2' Id in Mondograss Ophlopogon Japan kw Vie 1' tnd I psh, ah Dwarf mondognss ophfopogo"IWAkus 'Nana' ,511 .3' and 1 psh, A `. J AsiaA Jumine 7racheJosprrmum aswicurn VX 4' and 1 s, sh Running myrtle 114ua major Tat 4' and I psh, sh Dwarf periwinkle Vince MJ Lor 1'1 3' and l psh,sh CLAM IM YL1ti Eveimen Coatsasoa Name potaAW tiffs 2 Z3MSp &931 39�aa FdrJtargu •. S'x S' m d l fA English Ivy N edtra brit: I 3 Crossvine Antrosrkhue eapreolata Wit S' and i bah 0 Hsli's honeysuckle LoAkrra Japonka 'HatUm' 20'x S' and 1 s, psh Coral honeysuckle Lonleera armpervirenr Wit S' and 1 a, ah Carolina jessamine arbemturn amrpervlreAS 1511 7' end I b sh, - I I . CUUM2 VINES: Denduout 1 glefLlt . Common Name �� Expod)I� Chinese wisteria Wtiverfer stneAtL 301 13' al I a.psh Q ' Virginia creeper ParAjAOefNae qubsqudoba 13'1 3' and l bah Trumpet vine CampsIrradkatu Wit 12' and l a ks Cksu fdaro 20'x 6' ad m a,psh 1 i Mn IVY Parrhrnoc{rt p nampanel grape Yule ehamp1mo 'Chempsnel' 201x 11, and I b psh Carolins ana'lseed-vine Corculkr ed"Insu 12'1 6' and 1 a, psh 3 SECTION 13 Page 14 10 J 2 X I f..l �' � 1 L I 1 'I gloss" r' I S�REENPL.41yT'nvnc m--- ., l` " 11 .etamoa Naose SOI,EB k •anthem live oak '- '� . land cypress Quercso n•Irrt(ana 30'a 50' and New ragatm a n pine ��eh4ra rltfryfandil 40'x I5' and 1 a, psh �I pment Eve oak `/ ' Quocnr1s (onr 40'tc 2S' and ■naert juniper J a 40'x 40' and 1 s otter holly 12 Junfperxs v&rWana 'Canac Wl 30'x 20 Ind l ■ ipanese black pine ]let x onrnuaru 'Fosteri'12 25'x 13' a1, Sd m a, sh arotina laurel chary Pious rhunlrrltana 25'a 13' and 1 a I clue R. Stevens holly Pruner carorinrana 25'x 10 at,Ed m a,sh JAM holly !fa aqu(lBllum 'Nellie R. Stevens, 20'x 1S' al,Bd m a, A. aupon holy !t"comma 'Burfordi' 10'x IS' and I/a vamlroria Its I. sh 14 "them wax myrtle 20'x IS and I a,sh ' �inue photinia Myrka crri(rra 20'x 1S' md,pd I a :dal Phorinlo strrurara 20'x 15' and I P Dhatinia Phor(nle x frasert a, Pik [ ' cepos yaupoa Jlrx rornirorta 'Pendula' l3'a 10' ;d m a,psh I' :btu juniper Attfperua chfnenrb 'lietsii' IVa B' std l s, sh b np a lverbetry Eteaynur x ebbrVel 11'x 12' and 1 a itique rasa Roca a 10'x B' and 1 /, psh varr Burford PPdcuhivan 12'to 3'tall) 1'x 1' holly and J a t Ia e arnur ' neB■ted Chinese privet a owe'Vi Nana Tx 4' and 1 A. ah avenly bamboo D• L/durrrum aGtentr'Variepta' 7'x 7' and Nandfna domeirka 7'x 4' and l a, psh s li ty abea Abelia Jrd&ra 1 a,psh sage ra i ass 1e 6'x S' and m a, psh ' ocher abcUa LrurophytLon,Jlurrxens 6'x 5' id I a Abrtfa frdAd&ra 'Edward Ooucher' S' S' and m a, psh aer juniper x Junfperur ehinenstt 'prtmrsne. e Yoe juniper 1Ynfperur chfnent(s 'Blue Vue' S k 10' Id i a mP"t nandita 5'x 4' Id 1 a Nandins domtseka 'Compacra' S'x 4' and i m a, psh iI %"'fMEN PlrlNT.c• x'•'arors per holly lies x aarnuara 'Foacri'/2 x Wd ' � Waftr s1�' pose black k pine Pinas thunber&w 225'x IS5' Al,id m s, sh pan hotly fln vomdorta 21'x 1S' and iae phatini4 20'x 15' PhoKnla irmurara and l s, sh ' 'P,mB yaupon 20'a S!' and I s,psh , !t" vomirorla Pendula' 12'x 1' and FUMEN PLANM—Lka"Ofis E LM24 N&M a n 1 ford pear Pyrur rafleryana 'Bndfotd' � pilm A It Pansy rcdbud 30'x 23' and M a :.. home redbud cerClreaU0,,,Jlr'Forest Pansy' 20'x 1S' and 1 psh Crrcir cenadenttr'Okishoma' 20'x 15' and ( e, psh . er ec onbapple MOW hybr'dd(eultivan) 20'x 20' and I a I neckline + can buckeye Unlnadia iprc Sophora armij, 15'lotd 20'x and I s, psh Myrtle 20'x 1!' and I a, psh trims quince Lolrrirrormla I 1'ca(cuhivars) 12'x and I a { Charnomrtis sprefosa Tit S' and I a.psh E j f turn uu tl6i9lS�I 1VamC [ ' a Bi avafy C afJpp,W,G loMarra marlrbna 12-10'12* Su F MW 2.6' a,psh pus Amaranrhus hicolor uaona�aet 3. 4' con°hreea soma 12-15' du-F 4 I 'tPiORtW 11.21' a li Lapfnus rexrtulr 1.12' S PiBW ' Sacra �fvfal6ri area 14-1P SWP BNW 11.24' a 4 SECTION 13 Page 15 I 4 32 x I O 1 , Y 0 CaLdium Caladium bkofor 1-2' RPiWA 1!•20' s,psb,sh E Chinese Hibiscus Ribircur rosa,rinewra 3. 4' Su+ Rpi0YWA 3. 6' s,psh Cockscomb Celosla app. 1.12' Sp-F RPiOYPu 9-24' a Coleus Carau x hybrids 11.24' PiPuW 1-3' a, psh, sh per Plant Aca6pha wilkrr[am 11-24' R 2.4' a nnower Cenraurea cyanur 11.24' Su RABPvW 12.14' a Cosmos Cosmos app. 16.24' Su RP10YWA 11-36" s Croton Codiae"varle=arum 3. 4' RPiOY 3- S' 1,psh,sh f Dianthus Dla uhsu chbunr6 6.12' Su-F RPiPuWA 6.10' 1,psh Fevrrrcw Chrysauherawnparrhenhan 15.19' Sp-Su W 12.13' a,psh Firebush RameBa patens 16-24' Su-F Pi 2. 3' a -. Fox;love Di6irolle spp. 16-24' Su RRYW 2.4' s, psh - Garden Pinks/Carnation Diauhu spp. 10.16' F•Sp RPiYPuWA 6-20" 1, psh Geranium Pe@rgonfuns horlora n 12.16' Sp-F RPiP+W 16-24" a,psh Iceland Poppy Popover nudicaule 16-24' Sp-Su PiOYW 15-24' s,psh Impatiens bnpadear waNerona 12-15' Sp-F RPiOPuWA 12.24' psh, oh Indigo Spires Sege SaMa Ind1`o SpOes' 4- S' Sp-F B 3- 4' a,Fab Johnny lump-ups Vera trieola 6-12' F-Sp YBPu 4.12' a,psh Kde/Cabbage Brwatca ofnacea 10.12' RpipuW 12.16' a Larkspur Dephinfam ojacit 6.12' SpSu PiYBPoW 2-4' 1 Marigold ragues spp. 1-12' Su OYWA I.V 1 hlelsmpodium Melampodiwn pabdorum 12.16' Su Y 12.16" a Mexican Bush Ss Be Salvia Aucauha 1. 41 F PuW 3- S' a, psh W 12.24' 1 sA Mexican Heather Cu hea rro Ba 30-12' Su•F Pipe ♦P _ bl P 10' P� Morning Glary 1pomra purparea 7-4' Su-F RPiBPuW vin a Musa Rose Portulaca pand&ro 612' Su-F RPiOYPuWA 4. 6' a New Gvinea Impatiens Impctirm, New Guinea Hybrids 1-12' Sp-F RPt0PuWA 11-24" psh, sh Pansy Viola wimacHana 6-12' F-Sp MOYSPuWA 6-9' 1, psh t Periwinkle(Vines) CamharanAw roreur 9.12' Su-F RPiNWA 4-11' s Petunias Priunla hybrids 6-12' Sp-F MOYPuWA 9.12' 1, psh Phlox PhW drummordi 6-12" Sp-Su RPiPuW 6.12" 1 poppy Papaver spp. 12.11' Sp RJsftW 3. 4' a ( mrose Prunuld spp. 6-12' Sp RP1YBW 6-10' 6, psh .arslane Punlanr olera-ea 6.12' Su-F RPi0YP+WA 4-3, 1 f Salvia Salvia iplendnu 1.12' Su-F RPiPuW 12.24' psh, sh Scarlet Sage Salvia Qaeeinea 24.30' Sp-F RPiA 12.24' 1, Fab Snapdragon Annnhtnummgjue 6.11' FSp RPr0YPuWA 6.36' s, psh Stock Maahbfa facana 1.12' Sp R NW 1. 2' 1,psh Sweet peas Larhyraradoraru 11-24' F-Sp RPi0YBPuWA 6.30' s Sweet William Diamhus barbarar 12.11' Sp-F MWA 4.19' / I Tulip ruripa $pp. 4.6' Sp RKOMWA 6.24' 1 4 Verbena(Annual) Yerbeea hybrids 1.11' SPF PANWA 6-12' a , Viola Viola cornuta 6-12' F-Sp RYBhW 6. 9' 1, Fab i Wax Begonia Begonia umperJlore" 612' SPF ph'W 6.12' 1, sh Zinnla Zinn to eleloru 142' Sp-F RJWYWA I. 3' 1 �• pERENNlALS: Common Name Bolsekal Name: $DliS01: Sg124B: 1.914[.( N$e�i1 [ Autumn Aster Arur oblongVob'us 19.24 Su-F BPuW 24.30' 1 Basket of Gold Aurinia sasarilu l3.1P Sp Y 942' 1 Bard Tongue Prulmson app. cobra 18-24' Spsu PiBpuW 1624' 1♦ psh Bearded Iris Iris),hybrids 1. 2 ' SPF RPOYBPuWA 1. 3' 1,p/A Ba Balm Monarda ddyyma 2.3 ' Su RpiNW 2. 1' 1,p1h Blackfoot Daly Mrlompodum kwanrhum 6 12" Sp-F W 9.116 1 Blanket Flower Galllardla gradytora 12•I1, Su ROY 12.10' 1,Fib 0 Blazin{Star Llarrls spkala 11.24' Su•F PiPuW 11.30' a Blue Plumbep Crralosdgma ptumaglnaides 12.11' Su-F B 6.10' 1. psh ` 'Iue Sur Amtonla rabernaemonrona 19.24' Su B ' 2.3' s, psh ,ovneln{Bet Soponafa adklaaBr 16-24' SPF pi 12-11' a, Fab Bowk'1 Msuv9 Wallflower CheWnahas 'dosrblr Heave' 13.1 Sp Pig 12-00" 1, psb Buturfly1clowel Ascleplarriberaso 11.24' so-le 0 1311' s Condytvll Iberb sesgpervfrerr 11.24' Sp W 5 SECTION 13 Page 16 -- f ;?.r) n fro 32XIO t 0 �� 1 f 1.. - r 9.i, r- l� °iR , ! (7- p b� �' 6fi;i 1 e rAS;i I f i • 0 t 1 ' z - ,naua'o . r ., i Canna Cannax enrraBf Cherry Safe f 11-24' Sp-P MOYWA 2-S' s,psh Conenower Salvfa frrffff 2. 3 ' SP-A PAW 2. 3' a,Fah EcAllwed a urra Sp-Su PUw 1244'Coreopais CarropsG kne alara 12.11' SCrinum Lily Oy a, psh crtnwn 12-24' a, psh I t Caer a PP 2-31 Su RAW 2.3' a,prh J I PP• 2.3' Sp YBPuW 1.30' 1 )&YLIY Hemersxf Sp PiOYWA C IV a,prh Dusty Miller Sendelo 1-3' Sa-P RPIOMA 1• !' s, psh )utch Iris lria x hybrids 6.12' $u-P Y 12.16' a, pah 'our O'clock Y 4. 0- Sp PiYBPuWA 12.24' a k 7irden Mum Mlrab @G Jalapa 2.3'• Su-P RPiYWA 2.7' psh,sh lbriouD&Is Chry:wAA,munmorptur" 12-20' F RPiOYPuWA 1. 2' s, ,,.PC Hyacinth Rudbeckia sPP• 12.11' Su OY 24]0' a pah iosra !lorry PP� 12.24' Su PU 3- 0 s, psh antana Lanlana a fl-30' sh Wes PP• 12.11' Su-F RAOYPUWA 12.3u' a tflium rpp, Ii -W Iris W SP-Su RROYWA 2. a `rG sPp; , 3'12-31' Su RPiYBPuWA 1- 4' a, pah ouisiana Phlox Phlox divarlrara lexksllMarifollMint 1"12' Sp Bpi 12.11' psh le.cian Petun(a Tafura luclda 12.11' F Y 11.24' a, pah Raellla app, 12.14' S P bedient Plant -e Y a Daisy P- Pu i-70' a, ah y Phyaosrrfia vbfiniana 12.11' Su•F PIN IS-24' a,prh 3 Chrysanthemum leudanrArmwn 2.3- S W R&lil(Wood Sorrel) Chaps crass rs p 3476' s,pah rark Primrose Ornothera minourrn.rlr 11.24' Sp F YW 4- 6' psh, sh $Sion Vine Para' ra a u Vine a Irple Looseauife �a lca 3. 4' Su-F pipe Vine s,psh iin Lily ty+e sa0earfa 12.11' Su PiPu 2.3' a,psh Zrplryranlhn candida 12.18' Su•F PIYPu 1414' a,psh �d-Hot Poker XnlphoJia araHa ;Ck Rose Palanla farlo etala 2.7 Su ROY 1. 3' s, psh use Mallow P 2. 3' Sp-F Pi 3. 3• s, psh - Nrburuf fnachruroa 3. 4' Su-F RPiWA j Asian Safe Perovskfa arriphc(fal d 1. 3' Su B 3.6' a, psh , , ! Sedum a 3.4' a,psh taisy PP• 12.11' Su-F RPiOYPu 2.24' a Chyaavhemum mar6num 12.11' Su W 1. 3' a, Psh ake LrucoJum aearlvum 4.6' S W ider Lily (Lycotia) L core radials P 9.24 a, psh Y 6. 8' Sis RAY 11.24• a, psh in f Sur Flower Iphrbn an(ltorwn 6- 41 Sp BW 6.1' a,psh r of BeG,lehem ornhhofdl m wnbellalum 1412' Sp-Su A 12-I4' ,psh Ws Aster ltokesia IaevG 11.24' Su Bpow 12.11' a,prh nmerPhlox Phloxpanlcaldia IS-II' S -P RpipuW 11•30' a .ct Violet Vwla , r odwafa .as Bluebell Errroma frandprwn 12.11' Sp-F PiYYW 12.24' psh, , psh h I� M Gold Columbine Aquikfia chrysanrha 2430' Sp•Su Y 3.4' psh,ah vas, Alncklryana A PAW rvbslad 1.24' Sp MW 4. 6' a tr's Cap Malvaviscnf arborems 3-4' Su-P R 4•S' a, psh W. 'Drumond'u' ben&(Pereoeia h Verbena s PP• k2 11" S F RPrPuW . ,nwood Arremlrla aP0 24-50' P x,13 raw Achillta aPP• 12-13' Su RAM 2. 34 r..pty INUAL YIN�c. 1 1ltisson Name Bataokal Name: kal&B: m&rda Allammda carharrka 4 0,�W� . psh fsinvillea Doafalnvillea qp• 3.4' Su-P AB 3.13' a nabs ClfmaAr app, 3. 4' Sp-0n All 1.15' a,pals ref s vlrse 4W.Me Qraaracal 3.4' Su•P R 6.10' a,psh Anth bean Da".cAOa 6bkb 3.4' P Pit 6. 1' a ' Mardesilfe aPlendrns 3. 4' Sp-P PAYW 6-12, a PA ter Calonydita acaha m 3.4' SP.P W 4l!' a,pah tint Olory 1pomea app. 3,4' SwF RBW 1.33' a SECTION 13 Page 17 6 32 0 WJZDFZ(lWER�; Aaouit or Bloomleg \/ map Name Botanical Name: Pec nniel season: Helthll t arrow Achillea m(UVbNion P April-October 1' •3' Butterfly Weed Asdtplas rubtrosa P June•September V-2- Cornflower Centaurea cyonur A June• August 2'-S' Ox•Eyed Daisy Chrysanthemum leucanthrmsan P May• October l • 2 T.ancelaf Coreopsu Coreopsb lanceolate P May -July 2' • 3' Plains Coreopsh Coreopsis dnclorla A May -July 1' -2- Cosmos Cosmos bipinnotur A April-October 2' -3' Purple Conflower Echtnocea purpurea P June• October 2- •3' Indian Blanket Gaitlardio pukhrUis A May- July 1' • 2' hfaxim'"an Sunflower Rehanthus mazW11isal P August- October 4'- 6' Gayfather Lfatris pycnostachya P August•October 2- -3- Purple Hone Mint monarda ci rlodora A May-July 1'•3' , Showy Primrose oenothera rprelosa P Match- luly 1' Drummond Phlox Phoox drummondii A April•June 1' • 2' Mexican hat Raribida eolumnarir P - March-October 1'• 3' Clasping eoneflower Rudbecklo umpleskoulls A June-September 1' -2- Black-eyed Susan Rudbeckia hbta P May- October 2'-3' Pitcher Sage Salvia atursa P May• October 2- -3- Maly Blue Sage Salvia farinacrae P April-October 1'- 2- 1,101A Verbena Verbrna trnuisecla P June-August 1' p N MENTAL GRASSES - Natiyt: Annual or He-fight cummoo Name BJownkal Name t Perentilal x WR6 S& ' tiers Exposurti Big bluestem Andropol on Gsrordil P 6' x 2' and 1 s Ctests grams BouWaka currip"Mis P 3' x 1' and 1 s ver blueatem Bothriochlaa saccharoldes P 3' x 1' and 1 a, psh Inland Sea oats ChamunAlum Jatifotlum P 3' x 1' and 1 1, sh Canada wildrye ElpmkS eanadetutt tar, eonadexsis A 3' x 1' and 1 0,xh Sugarcane plumcgrass Erlonthur gigonleks P S' x 1 pd Purple muhly Afuhienbergia fitipes P 3' it 3' and l s Lindheimer's muhly muhfenbergla Lfndhrtmnl P 4' x 3' and 1 1 Seep mutely muhtenberg(a reterchonl P 2' x l' and I a Texas bluegrass Poo orochnvera P 2' x 2' and 1 a,ate li Little bluestmn Schkochyriwa seoparium P 4' x P and l 1 ORNAMENTAL G Maus!or Helgbt " Common Name Botxnksl Name: Perennial: g Width &I- Water1 a Blue sedge Cora glauca P g' x g' and 1 e, Pith a Pampas grass Cortndola ulloana P g' x t' and 1 s Lemongrass Cymbopogon cimatus A VA. 3' and 1 a Maiden grass miscanthur ainsutr'Oracluimus- P 6'x 3' and I a md Variegated Japanese Silver grata miremtduu rixeard'Varkgatus, P 6' x 3 ' and J a Zebra grass mlrcanAas rtnenris 'Zebriri P Dwarf lounuingrass pennirelwn alopseurotdes'Hameln' P 3' x 3' and 1 a Purple fountaingrus hnnhetum srracrton 'Rubrum' A 4'x 1' and I a Black bamboo phyllostachys nips 12' x 12' and 1 s SECTION 13 Page 18 T ray , 1'tI x C 32x r� t I rr t 1^j .+t a' t > ! r ' t 1 r•: 5F 7fn 4 a� 4t � ! 1.. ' f.�� �'� 1 �l�i�.,ti� �l`J a^� '' •'F;N� kr '+�i��.�,� }°., t, 1� •1 4 Y. r r rr 1 �� gH71t�RS f IrZ�j1 J '..may r r {. V i [ . � a 1� y%fir t P 7 "fit,! 4 a\army r f�..;' yi t��• ; .nJ J1. [+ •i�4 [ � \ li+ r � ry. ,u d..' : :.i.� lS�." ". +.� � L�r � �+^ r rA I ?� �± n�• t1E1 ti , tr �: .�'1i � �����irl�!•ti\t'.���1v�[ �r+, `.•7Z r '�'�R7i�r•_���- ��.r � i L,A h �,J^ �t lid ^ \l t,- � . i!, � .f Aal YC..t .Lrtw1f t:r+4',dr�. i��." .S'J.L'ar\...5.'.M 1^l.5{S.Y ERl7.'1 L't9�C?'i."..?L ^.il7 LIZ '�.^xa-:J1'ffi "6 t1 '!4 ! J+TT R' ef��• vP��P.^1^/-Tl'•R. aLhYY r.L iC.t�TV f �• � � '�•�'Y'4'';'+•t s�.' `J •�``�j gip, f a, t l r �rY ' rJ .,t r[,� 1 r� iz7:�{ Y�� x�WC' 1 T11 1� ti 3 i ( Yt t, 1 r �1 t . Af� 0 �xvar r: • o e,eeno • e NEW MILESTONES The 1990 edition of the Texas Big Tree Registry commemorates special anniversaries of the national big tree program and of the Texas Forest Service,the coordinating agency for the Taxes big tree program. Fifty years ego, in 1940, the national champion big tree program was born. Seventy-five years ago,in 1915, the Texas Forest Service was created. Both the national big tree program and the state forestry agency began with an expressed concern for the protection of trees and forest resources. The national big tree program credits its start in 1940 with a published plea from a forester—in AMERICAN FORESTS magazine — for people to find and save the countryre biggest trees. In a country concerned with the possible Impact of a world war on its forest resources,this call for action on behalf of the nations resources found a i ereptive audience. The call fora national forestry group to organize and coordinate a national program to give recog iition to the country's large and historic trees was answered by the American Forestry Association. In its first request for big tree nominations,AFA Bought champions for 100 tree species. Tree lovers everywhere were asked to seek out, measure and nominate the largest specimens of thew species they could find. A chestnut oak in Suffield,Connecticut was the first tree it ninoted as a result of the tall. A white oak in Wye Mills State Park,Maryland is one of only a handful of trees which have retained their national championship titles for fifty years. Now,fifty years later,the national big tree program has grown to encompass over$50 native and naturalized species in the United States on the National Register of Champion Trees. For a copy of AFA's lJational Register cf Big Trees, send a check or money order for 17.95 to the American Forestry Association, P.0. Box 2000, Wuhington,D.C. 20013. Free copies of the national big tree registry are available for those who join AFA and pay the 124 membership fee. Like the national blg tree program, the Texas big ten program, which is coordinated by the Texas Forest Service,also has grown considerably over the years. Champions for over 200 species or trees are listed Sri this 1 issue of the Texas Big Tree Registry. Of these over 50 are either national champions or co-champions, Tteee within Gve points of each other are listed as national co-champiorts. Trees marked with an (4) are national champions;(")denotes national c"bi mplonship status. An(s)indicates the tree has been remeasured. Tree championships are determined by a combination of measurements, not just trunk tire or tree height, alone. Trunk circumference in Inches,tree height In feat are average crown spread in feet are used to calculate an index value for each tree. Trunk circumference is measured at four and a half feet above the ground in most cases, though special provisions exist for trees branching at or below this level. Average crown spread is found by measuring a trees crown at both its widest and narrowest paints, adding these two figures together and dividing by two. Trunk circumference can usually be determined rather easily. A tape measure can be wrapped around the tree trunk to get a direct measurement,but even a string can be used. Once the string Iength needed to reach around the tree is determined, the string can be laid out on the ground and Its length measured with a tape, yardstick or even a ruler. Obtaining crown spread measurements is a little trickier, as one has to estimate how far the drip line •• Where moisture drips off the outermostleavu-extends by sighting up from the ground often to high branches. A plumb line can be made using a string and a weight of some kind to provide a vertical sighting up the string to the edge of the leaf canopy. Outer crown boundaries can be marked on the ground with a nail or other object and the distance between opposite aides of the tree subsequently measured. • One can determJne&rough estimate of holght using a straight object such as a ruler. Toum the stick me", hold the stick vertically,at arms length. Mow closer or further away from the tree,using the stick as a sighting guide,until the top or the tree lines up with the top of the stick and the bottom or the tree lines up with your line of sight across the bottom of the stick. Turn the rvler in your hand until it lies horizontally. Llns up the bottom of your ruler with the center of the base of the tree, taking note of the point on the ground which lines up with the other end of your stick. Measure the distance from the point on the ground to the center of the the to get • an approximate height for the tree. Champion tree status is floating. Today's champion may be tomorrow's also ran Sin the Tons 81g Tree Registry toes updated In 1999, over 35 new champions have been crowned. The Texas registry has been opened up this year to allow new species to have a shot at state chomplonstdp titles. To be considered for national themplonshlp honors,however,tree sped to still have to be listed in C�ckbit of united States Trees(Native and aturalie d)by Elbert Little,Jr.,September 1959 edition. Cooerphofo: DoldeypreesnearUakey a, 2 SECTION 13 Page 20 I I II lose" o i { Ten new state champions••six of them new national champs—were recognized in the Rio Grande Valley in early 1990,and several more champions from that region have been crowned since. New champions also have been arowrud In the more forested regions of East and Central Texas. Even seas of the state not known for their trees hays garnered big tree championships. £1 Psao and Hudspeth counties have notched new tree champions, as have Lubbock and even Lipscomb County in the extreme northeast corner of the Texas Panhandle. ( The stet* of flux of the championships appears to reflect a rising interest in our state and national tree heritage. Thla interest Is also apparent from continuing new nominations submitted from all over the state. For Information on Texas champion trees and nomination procedures,contact the Information do Education Section, Texas Forest Service, P. 0. Sox 810,Lufkin, Texas 76902.0310,phone 409.639.8160. Champion changes have resulted from the discovery of larger specimens than the reigning champions and through the damage or death of trees rue to the ravages or nature. In Texas,hurricanes and lightning have taken their toll. Some large old champion trees have, as one might expect,suffered more from the ravages of both nature and time than yv unger champions and are not very picturesque, Trees,justae humans and all other living organisms, have expected life-spans;and toward the ends of their by*s,they,too,became more frail and susceptible to irdury and attacks by Insects and decay. Though their growth may span several human generations, they can't be preserved. The conditions in which they grow can be protected from man-made disturbance,but weather, time and even the trees themselves will act to change their growing conditions. New trees will thus continue to')e needed to replace damaged or declining champions and to add new tree species to the list of Texas champions, Potential champions can be found everywhere,from backyards to remote areas far removed from populated areas; any where ono can find trees, Likewise,activities of the Texas Forest Service can most likely be found across the state wherever there are trees-•and even in many places when trots are scarce. Created 75 years ago to assure Texans Gran adequate supply of timber and to protect the forest resource from wildfires,Insects and diseases,the state forestry agency delivers a broad range of servlcee to Texas residents. The Texas Forest Service provides statewide leadership in good forest stewardship. Personnel with agency field offices in East Texas provide forestry expertise to nonindustrial woodland owners to help them manage their woodland resources wisely. The Forest Resource Development Department in College Station develops management assistance programe to aid private timberland owns"to profitably grow trees,and it also malntains a statewide inventory of timber growth and removal. It also supervises the operation of the pest control laboratory In Lufkin and urban forestry efforts across the state. Post control research focuses on prompt detection and control measures for forest pests,such as the southern pine beetle,oak wilt,con*and seed insects and town ante. Help with urban forestry planning and problem-solving and research on better tree species and varieties for metropolitan areas is provided by the agency's urban foresters. The Reforestation Department Includes the Forest Genetics Laboratory, the Cooperative Tree Improvement Program, the Arthur Temple Research Center, the Magnolia SFrings Seed Orchard and the Indian Mound Nursery, The agency also is recognized across the sure for its leadership and training in fire suppression tactics and emergency response coordination. Also through Its Fire Control Department in Lufkin, the agency coordinates 1 the Rural Community Fire Protection (RCFP)program,a federal-state cooperative program which provides cost• sharing aid to rural fire departments for purchasing firefighting equipment and protective clothing. The RCFP program has helped place over 1,600 trucks,foam units,water pumper units and communications Nquipment with VFD9 across the state. Rural firefighters have purchased over $670,000 worth of protective clothing and (refighting equipment at discount prices through the RCFP revolving Fire-Safi Fund. The West Texas nursery near Lubbock produces contalnerited windbreak seedlings, and foresters at the nurser^ assist landowners with windbreak establishment and care. Tethnkal assistance to consumers and to the wood products industry Is provided by the ogencyh Forest Products Lab. One of the lob's primary "sin continuing education to promote the most effective use of the forest and wood resources of Texas. Lab personnel evaluate the effectiveness and durability of commercially O avallabl+points, preservatives, stains and finishes on wood for their effectiveness at extending the useful lid of wood am I wood products. Lab researchers work to Improve wood utilization through development of new markets ry ps for products from tree species, such as mesquite, pecan and other hardwoods, which currently have limited commerd J value. Studies of alternative wood products such me shiitoke mushrooms and pinyon pine nuts are ongoing. Thanks to lab research to develop and test now products and wood utllzation techniques, pressure• treated, tamr•sawn pine shakes are now being produced and marketed as a longer lasting alternative to cedar roofing. I I SECTION 13 Page 21 8 32 x I o ti 1 . I r cr. loc. , name cir, ht. eor. index date (Co.) An ANT'HU9 Ailanthus altissima(Mill,)Swingle 75" 40' 40' 125 1983 Comal Owner: Kathy T.Thislemsn,411 Metriweather,New Braunfels,TX 78130 k ALDER,HAZEL Alnus serrulata(Alt)WiUd. 14" 3T 24' 57 1985 Jasper Owner: Temple-Inland,Inc. P. 0.Drawer N, Diboll,TX 75941 "ALLTHORN Koeberlinla spin's Zuca 25" 13' I4' 42 1989 Upton 3 ' Owner: Mary F.Driscoll, 912 Bedford,Midland,TX 79701 "ALLT'HORN Koeberbria spinosa Zucc. 26" Il' 14' 41 1989 Starr Owner: Meuricio Garza III,Good Luck Ranch,403 E.Hidalgo,No Grande City,TX 78582 'ANACAHUITE Cordis boissieri A. DC. 60" 25' 4r 97 1990 Kdalga Owner: Virginia Polfus, Rt. 2 Box 1860, Mercedes,TX 76570 I 'ANACUA Ehretia anscus(Tehran & Berland.)I.M.Johnst. 175" 47 46' 229 1983 Bexar Owner: Plus San Antonio Hotel,555 So. Alamo,San Antonio,TX 78205 ''ASH.RERLANDIER Fradnue berlandleranaA DC. 215" 61' 75' 295 1990 Hidalgo Owner: Anselmo 1Jgas, Rt.2 Box 190E,Mercedes,TX 78570 ASH. GREEN F r"nus pettnsylvardes Marsh. 149" 101' 56' 264 1988 Wood Owner: Little Sandy Hunting& Fishing Club,5011 McKinney Ave., Dallas,TX 76205 'ASH,TEXA.4 Fratdnue texensis (Gray)Sarg. 84" 66' 47' 132 1989 Sanders Owner: Last Maples State Natural Area, Station C Route,Vanderpool,rA 76885 ASH.VELVET Freudnus velutina Torn 14" 85' 78' 179 1976 Presidio Owner: Diamond A Cattle Co.,P.O. Box 1000,Roswell,NM 86201 ' SIL WHIriF" Praxinue americans L. 207" 104' 61' 331 1978 Tyler Owner. Southern Timbergrowers Association,9526 Katy Ivy,Houston,TX 77024 ASPEN, 9UALUNG Populus tremuloides Michx. 47" 44' 24' 97 1962 Brewster Owner. U.S.Department of the Interior, Big Band Nadonal Park,TX 79834 BALDCYPRESS Taxodium dish chum (L.)Rich. 417" 110' 100' 652 1970# Red Owner: Seven Bar Ranch,J.J.and W.R.Burditt,P.O.Box 655,Leakay,7%78673 BALDCYPRESS' Taxodium dAtichum(LJ Rich. 417 lie 60 846 1990 Hardin O•vner: Dr. H. A Hooks,P.O. Box 657,Kountse,TX 77625 BALDCYPRESS, MONT732U (A Ta:ddium mucronatum Tan, 222" 46' 74' 286 1970 Hidalgo Owner: Grim & Brand Inc.,da Wayne Showers, P. 0.Box 1840,McAllen,TX 78502 'RARRETA Helieta pary folia(Gray)Benth, Is" 84' 26' 68 1988 Hidalgo ` Owner: No Crunds Valley NWR,Rt. 2 Box 202A,Alamo,TX 78516 "BASSWOOD,CAROLINA Ttlis carolinlans Mill. 113" 100' 46' 225 19700 Red Owner, Seven Bar Ranch,J.J.and W.R. Burditt, P.0.Bat 655, Leakey,TX 78673 BAYBERRY,SOUTHERN Myr to cerifera L. 22" 27 21' 49 1975 Hardin t Owner: Nature Conservancy of Texas,Inc., 850 Maverick Walk,Sts.200,San AntorJo,TX 78295 1 ` BEECEL AMERICAN Fagus grandifolis EMh. 180" 137 66' 299 1971 Sabine 0 , Owner: USDA Forest Service,Sabine NF„P.O. Box F.Hemphill,TX 76946 I BIRCB RIVER Betuls nigra L. 98" 9C 84' 900 1978 Casa COwner: S.L. Fuller,2266 Angelina Dr,Lllborn,G•aria 30247 'Co-champlon for largest Taxes tree honors 4 SECTION 13 Pa9a 12 y, 32 X ' 1 -1 '1 1 O Iri r i i e 1 it 1� i III er. loc. name cir, ht. sor. index date (CaJ 'BI.ACKBEAD,EBONY Pithecellobium llexicaule(Benth.)Coult. 137' 40' 62' 193 1990 ]Hidalgo Owner. Jack Caldwell,705 Lindharg,McAllen,TX 78501 .LACERAW,RUSTY Viburnum ruildulum Rat 28" 30' 2T 65 1990 San Jaon: Owner: USDA Forest Serv(ca,Sam Houston National Fares% 308 N.Belcher,Cleveland,TX 77327 'BLUEWOOD Condalia hookerl M.C.Johnet. 71" 30' 26' 114 1989 Hidalgo ` Owner: Hidalgo County Irrigation District#2, 317 W.4th,San Juan,TX 78589 BORE , ER Acer negundo L. 127" 4V 56' 166 1970 Camp Owner: Mrs. R.L.Johnson,Pittsburg,TX 75686 BRUSH-HO LLY Xyloom■(lexucas(H.B.K)O.Ktre. 10" 13' 35' 27 1989 Cameron , Owner: Fleet S.Lents, 700 Kansas,Mercedes, TX 78570 BUCKEYE, OFUO A oculus glabra Willd. 21' 20' 22' 47 1970 Houston Owner. Mrs. Ruth Ballow,914 Houston Ave.,Huntsville,TX 77340 •BUCKEYE,, TEXAS Aesculue glabra var. arguta(Buck].)Robins. 51' $0' 24' 87 1986 Gillespie Owner: Bob and Lou Ellen O'Kannon,McGinley Ranch,Does Road,Harper,TX 78631 'BUMELIA, CUM Bumelia lanuginoea(MichxJ Pen. 93" 80' 66' 190 19764 Robertson Owner: Mrs. E.G. Marsh,301 Helen Dr.,Dar Park, TX 77536 BUTTONBUSH Cephalanthus occldentalis L. 50" 13' 20' 68 1986 Gillespie Owner: Bob and Lou Ellen 01(ennon,McGinley Ranch, Doss Road,Harper,TX 78631 CAMPHOR-TREE Cinnamomum camphors(L.)J.S.Pail 166" 6r 40' 243 19824 Hidalgo owner: HinoJoea Development Co., 105 E 10th Street, Mercedes, TX 78570 ` , ATALPA, NORTHERN.Catalpa speciosa Warder ex Engelm. 217" 64' 66' 298 19664 Woad 0•xner: W.C. Holder,Rt, 4,Winnsboro,TX 76494 CATCLAW, GREGO Acacia greggil Cray 58` 38' 34' 105 19664 Uv side Owner: CA McDaniel,M1raW..Ranch, Box 397, Uvalde, TX 78801 'CATCLAW,ROEMER Acacia roemeriana Sakeele 2e' 17' Is, 48 1973 G mal Owner; Mn. Roealle M. McClure, Star Rt.p., Box 265,New Braunfels,TX 78623 ` 'CATCLAW, WRIOHiT Acacia wrightii Benth, 72" 36' 42' 119 1918 1'valde E Owner: Joe G.Smyth, Box 1400,Uvalde,V 78801 'CFIASTETREE, COMMON Vitax agnustast is L. 91' 19' 4V 129 1990 Boxer Owner: Anthony Deoedade, 143 Purr Drive,San Antonio,TX 78228 * 'CHERRY, ESCARPMENT Prunus serotina vex, esdmis(Small)Little 64" 65' 40' 139 1989 Bandera Owner: last Maples State Natural Area, Station C Route,Vanderpool,TX 78885 , CHESTNUT,AMERICAN Castanes dentate(Marsh.) Borkh, 98" 77 68' 185 1514 Red Nier Owner: W.A Beaty,3o20 Lamu Ave,Paris,TX 75460 l CHINABERRY Melia asedarach L" or 76' 63' 187 1973 Tyler own": Mra. O.L. Skinner, Warren,TX 77664 . CHINKAPIN.At INO FEE NY Cutarl:a pumlls Mill. 28' 27 86' 64 1990 Monteomer 0 . Owner: Texas Forest service,Jones State Forest,He.7, Boa 151,Conroe,TX 77864 COTTONWOOD.EASTERN Poputw ddtoldes Baru, ss Marsh. 872' 80 IOC 477 1964 sanders Owner: D.W. Hicks, Soil Main St,Bander,TX 76003 eCOTTONWOSD4A4 IM Populus 1FemontU var. mast" 190' 60' 6C 266 1963 Brewster Owner: us. Department of the Interior,Big Bend National Park TX 79834 6 SECTION 13 Page 23 32X e l E Lo T 0 r, cr. la. name clr. ht. W. Index data (Co.) COTTONWOOD,PLAINS Populus deltoidee vac.ooddenWe 264" 62' 96' 850 1989 Lipscomb Owner: Greg and Todd Youck,P. 0.Box 154,Darrouxett,TX 79024 COTTONWOOD,RIO GRANDE Populus 6'emontil var.wislixenl Wats. 342" 110' 12T 484 1976 Jeff Davis Owner: H.E. Sproul, Fort Davis,TX 79734 COYOTn10 Karwinskis humboldtians(R&S)Zucc. 16" 25' 17 45 1990 Hidalgo ^ Owner: Valley Nature Center,301 S.Border Ave.,Weslaco,TX 78596 CRAPEMYRTLE COMMON LarpntroemisindicaL. 71" 41' 38' 122 1910 Jasper Owner: Mrs.W.H.Bridges,Roganville, TX 75911 CYPRESS,ARIZONA Cupnseus arisonica Greene 134" 112' 37 254 1982 Brewster Owner: U.S. Department of the Interior,Big Band National Park,TX 79834 CYRDd.A,SWAMP Cyrilla racemllfora L. 9" 21' 20' 35 1975 Hardin Owner: Nature Conservancy of Texas,Inc"850 Maverick Walk,Ste.200,San Antonio,TX 78295 DEVIL'S WALKINGSTICK Aralia spinoea L. 20" 44' 14' 68 1986 Jasper Owner: A]bert S. Lewis,Jr,Box 210,Woodland Park, 00 808630216 DOGWOOD, FLOWERING Coreus florids L. 70" 27' 39' 101 1989 Austin Owner M.P. Wlbun,P.0.Box 244, New Ulm,TX 78950 DOGWOOD. ROU JohGHLEAF Comus drummondi(C.Ar Meyer 13' 28' 20' 46 1975 Kerr Owner: WW E.Galley,P.O, Box 1340,Kerrville, TX 78026 3 ELM.A.MERiCAN Ulmus americans L. 230" 8T 105' 343 1989 Cherokee Owner: Alyson and Joe Ferguson,P.0. Box 1488,Jacksonville,TX 78166 LM CEDAR Ulmus tmssifolia Nutt. 77" 83' 77 178 1990 Hidalgo Owner Mrs. E. R.McAdams, 1707 Miller Aje.,Mission,TX 18572 F1 M S Ulmus pumlla L. 173' 64' 77 245 1987 Patter Owner: Strict Watkins,609 East 1th, Amarillo,TX 79101 ELM.SLIPPERY Ulmus rubm Muhl. 106" 90' 77 216 1971 Robertson Owner: David Rolke,Rt.2 Box 800,Franklin, TX 77856 ELM WATER Plsnera equadca J.F.Gmal. 121" 36' 65' 171 1978 HoueWn Owner: USDA Forest Service,Davy Crockett N.F, East Loop 304,Crockett,TX 75835 I ELM. WINGED Ulmus slats Michx. 120" 84 91' 207 1964 Leon Owner. Charles McMichen Centerville,TX 15833 ' eF.SENHECKIA. HERLANDDiR Eeenbeckia berlandieri 8x111. 8T 24' 20' 68 1989 Cameron , • Owner: Executor,Amelia M.Runyon Estate, 1364 Cord Court,Brownsville,TX 78521 Pia. CON01014 Fkus eerie L, 30" 20' 25' 62 1971 Jefferson Owner: Philip Pericons, 1650 W.Florida, Beaumont,TX 77705 i SIR.DOUGLAS Psevdotauga mendssii(MirbJ Franco 125" 81' 47 216 1985 Culbenon Owner: Guadalupe Mountslns National Park,Star Re. I Sox 480,Carlsbad,NM 88220 FIR,DOUOLA9 Pseudoteuga merndedt(Mirb,)Franco 116" 91' 8T 2l6 1969 Culbeoon Gwaer: Guadalupe Mountains National Park,Star RL 1 Box 460,Carlsbad,NM 88220 �nIAlOETREjF Chlonanthus virginicue L. 82" 2r 14' .0 1971 Hardin Owner: Delbert Ray Lakey, P.Or Box 1911,Silsbee,TX 71661 ` GALLBBRRY.LAAOE Ilex coriscea(Pureh)Chapm. 17 26 1976 Hardin Owner: Nature Conservancy of Texas, Inc.,150 Maverick Walk,Ste.200, Bart Antonio,TX 71295 1 SECTION 13 Page 24 k 1 eeeavaw I � { 1 cr. loc. name cir bt sor. Index date (CO.) CINHCO Ginko biloba L. 111' 71' 47' 194 1990 Smith Owner: City of Tyler,P.O.Box 2039,Tyler,TX 75710 IUAJII LO Acacia borlandierl Banth. 18" 15' 12' 38 1989 Starr Owner: Albert Schwartx Ranch,P. 0.Box 1459,Mercedu,TX 78570 HACKBERRY Celtic oceldentalle L. 191" 67 68' 260 1987 Rusk Owner: Randall Whittington, Rt.2,Box 216,Overton,TX 75684 IHAC®ERRY.LINDHEIMER Celtic lindheimeri Engelm.ex K Koch 72" 43' 46' 127 1976 Comal Owner: Eddie Fischer, F(echer,TX 78623 *HAWTHORN,BARBERRY Orstaegus berb@rifolis Tarr. A Gray 11" 12' 16' 27 1982 Angelina Owner: USDA Forest Service,Angelina N.F.,P.O. Box 766, Lufkin,TX 76901 eHAWTHORN,SLUEBERRY Crataegus brachyacanths Barg.! Enge)m. 15" 36' 40' 121 1973 Harrison Owner. Longhorn Army Ammunition Depot,Marshail,TX 76670 HAWTHORN.GREEN Crawgus viridis 1, 17" 35 25' 89 1990 Dallas Owner: Edward C. Fritz,4144 Cochran Chapel Road,Dallas,TX 75209 .eHAWTRORN.Ll1TI MP Crataegus spatbulata Micbx, 22" ST 3C 63 1960 Sa dne Owner: USDA Forest Service,Sabine NY,P.O.Box F,Hemphill,TX ISMS HAWTRORN, MAY Cmteegus sestivabs(Walt.)Ton,k Gray 31" 43' 19' 78 1982 Angelina Owner: USDA Forest Service, Angelina NY,P.O.Box 766,Lufkin,TX 16901 HAWTHORN,PAR4I.EY Crataegus maralWW Eggl. 17" 23' 19' 45 1882 Tyler Owner: Lanis Barnes, 13001 Adlong School Rd.,Crosby,TX 17632 � tERCULES CLUB Wthoxylum clava-lierculis L. 50" 61' 28' 108 1965 Jasper r Owner: Edwin Sitton, Rt 6 Box 3,Jasper,TX 75951 HlC ORY,BrMRN[TC Carys cordifo mle(Wangenh.)K Koch 133" 129' 7G 260 1973 Tyler Owner: LC.Eason,Stu Rt. 1203,Silsbee,TX 77666 •HICKORY,BLACK Carys texana Buckl. 103" 135' 66' 255 1979 Sabina Owner: USDA Forest Service,Sabin@ N.F.,P.O.Box F,Hemphill,TX 76948 HICHOR 4 MOCKERNUT Carya tomentoea(Fair.)Nutt 106' 116' 60 236 1966 P lk Owner. Alabamt•Coushatta Indian Reservation,Livingston,TX 77351 HICKORY.NUT'MEO Carys myristiciformis(M)chL fJ Nutt. 111" 115' 66' 243 1980 Franklin Owner: E.E.Ottinger, 104 Eighteenth Ave, North,Texas City,TX 77690 R HICKORY.PIGNUT Corya glabro(Mill.)Sweet 92" 130' 71' 240 1983 Sabine Owner: Temple-Inland Inc, P.O.Drawer N,Diboll,TX 75941 HICKORY,SHAODARB Cary@ ovate(Mill.)K Koch 123" 107' 62' 248 1985 Jasper Owner. USDA Forest Service,Angelina NY, P.O.Box 766,Lufkin,TX 75901 "HICKORY.WATER Cana squatica(Michx. L)Nett. 133" 11Y 76' 265 1975 Harrison Owner. Longhorn Army Ammunition Depot, Marshall,TX 76670 • HOLLY,AMERIC (]ley opera) 132" 64' 49' 196 1982 Wood Q Owner: Jerry and Sh4cley Covineea,Rt.2,Box 46,Winnsboro,TX 76494 HONE jj,0CU @I,Gleditala triacanthos L. 96" 93' 60' 202 1975 Montgamat J Owr.a: Mitct el A Mitchel, Box 228,Magnolia,TX 77356 1 HOAIEI7 OC17ST.TE=A)9 0leditda X texana Barg. 81' 112' 43' 204 1966 Polk Owner: Alabama-Cousbatta Indian [laarvstlon,RL 8 Box 640,Livinpton,TX 77351 7 SECTION 13 Page 25 El 32X10 o 7 cr. loc. name cis. ht. ear. Index date (�) I 'HOPHORNBEAM. CHISOS Ostrya chisoesnds Correll 28" 37 , 24' 68 1983 Brewster Owner: U.S.Department of the Interior, Big Band National Park,TX 79834 t OPHORNBEA EASTERN Ostrys virgirdana(MIII.)K Koch 88" 65' SD ll l 1967 f,abine M. Owner: USDA Forest Service, Sabina National Forest,P.O.Box F, Hemphill,TX 75948 HORNBEAM.AMERICAN Carpinus carolinians Walt. 60" 49' 46' 121 1970 Newton Owner: Texas Department of Highways and Public Transportation, Newton, TX 75986 IMSACHE Acacia farnesiana(L.)WiIId, 161" 30' 46' 203 1989 Atascoea Owner: Atascoaa County Sheriff Department,P.0. Box 395,Jourdenton,TX 18029 JERUSALEM THORN Parkinsonia aculeats L. 42" 83' 28' 82 1964 Hidalgo Owner: hire. Gladys Donohue,P.O. Drawer 400,Penitas,TX 78678 'JUJUBE. COMMON 7isiphuslu)uba Mill. 68" 43' S4' 110 1969 Tarrant Owner: Fort Worth Botanic Gardens,8220 Botanic Drive North,Fort Worth,TX 16107 JUNIPER.ALLIGATOR Junlperus doppeana Steud. 204" 24' 19' 293 1985 Culberson Owner: Guadalupe Mountains National Park,Star Rt. I Box 480,Carlsbad,NM 88220 'JUNIPER.ASHE Juniperue ashel Buchholz 115" 88' 3T 162 1971 Comal Owner. Mrs.Fled Krause, Star Rt.2 Box 399, Fischer,TX 78623 'JUNIPER.DROOPU40 Juniperus Raccida Schlocht. 102" 55' 3V 166 1982 Brewster Owner: U.S. Department of the interior, Big Bend National Park, TX 79834 'JUNIPER. PINCHOT Jurdperus p(nchodi Sudw. 142" 23' 2T 172 1977 Brewster Owner: Texas Department of Highways and Public Transportation,Austin,TX 78763 ( U NIPER. ROCKY MOUNTAIN Juniperus scopulorum Sorg. 109" 35' 38' 154 1969 Culbenon Owner: Guadalupe Mountains National Park,HC60, Box 400,Sslt Flat,TX 79847.9400 LAURELCHERRY. CAROLINA Prunus caroliniana(Mill.)Alt 122" 35' 48' 179 1984 Harris Owner: Texas Parke J: Wildlife Department,4200 Smith School Rd.,Austin,TX 78744 'LEUCAENA,CREATLeucaenapulvsrulente(Scblecht.)Benth. 149" 47 48' 203 1989 Mdelta Owner: Betty Hoopingarner, Rt. 1,Box 39B,Alamo,TX 79510 'LEUCAENA,LIIILELEAF Leucaena retusa Benth. 83" 21' 26' 61 1986 Terrell Nominator. Flank T.Callahan,6045 Foley Lane,Central Point,Oregon 97602 'LIGNUMVITAE,TEXAS Gusiacum angustifollum Engelm. 82' 26' 27 W 1975 Hidalgo Owner: Santa Ana National Wildlife Rafige,Rt.2 Box 202A, Alamo,TX 78516 n. 'L07-EBUSII Ziriyhus obtusifalia(Hook. a Torr.k Gray) 14" If 9' 80 1989 Hidalgo , . Owner: Mrs. Fleet S. Lents,P.0. Box 433,Mercedes,TX 78570 'MADRONE.TEXAS Arbutus texana Buckl. 112" 37 47 165 1987 Brewster Owner. U.S. Department of the Interior,Big Bend National Park,TX 79834 'MAGNOLIA,PYRAMM Magnolia pyramidal Baru. 85" 89' 87 132 1969/ Newton Owner: Newton Lumber Co„Newton,TX 76966 4 MAGNOLIA. OUTHEI!N Magnolia grandiflora L. 194" 117 45' 817 1986 Jasper Owner. Louisiana Pacific, P.O.Box 730,Jasper,TX 75951 0 'MAPLE.CANYON Acer grandidentaturn Nutt 80" 88' 44' 189 1989 Bandere Owner. Lost Maples Seta Natural Area, Station C Route,Vanderpool,TX 111865 �StAP(E.FLORD)A Aker barb.,tum Kchx. 167" 97 ST 916 1983 Jeeps? Owner. Carley Puckett,634.1 Scottsdale Dr.,Fort Worth,7%16119 11 SECTION 13 Page 26 V5x 32x10 to ; ua¢aass � 0 asasana cr. loc. name cir. ht. sor. Index date (Co.) MAPLE,RED Mar rubrum L. 112" 70' 78' 202 1989 Jasper Owner: Tomple•]nland Forests,229 N.Bowie,Juper,TX 76951 11APLE,SILVER Acer saccharinum L. 167" 61' 61' 243 1971 Bowie Owner: Tommy Thompson and Jack Campboll, 4 Watlingun Dr,Texarkana,TX 75501 MAPLE, SUGAR Aar saccharum Marsh. 84" 105' 64' 205 1969# Polk Owner: Alabama-Coushatta Indian Reservation, Rt.3 Box 640, Livingston,TX 77351 eMESQUPPE,HONEY Praopis glandulosa Torr. 152" 62, 71' 222 1984 Real Owner. Bernla Hinnsnt, Box 591, Alice,TX 18320 eMESQU1TE,SCREWBEAN Prosopie pubasans Booth. 39" 8o' 36' 78 1983 Brewster Owner: U.S. Department of the Interior, Big Bend National Park, TX 79834 1 eMESgUITE SCREWBEAN Prowpis pubesans Banth. 35" 28' 40' 73 1983 Brewster Owner: U.S.Department of the Interior,Big Bond Natic sal Park,TX 79834 MULBERRY,PAPER Broussonetia popyrifera(L.)Vent. 165" 2T 32' 200 1973 Wood Owner: Mrs. Mabel Cathay,308 Stephens Bt., Quitman,TX';5783 MULBERRY,RED Morus rubra L. 171" 41' 60, 225 1977 Dal1w Owner: Unknown MULBERRY,TEXAS MorromlcrophylleBuckl. 22" 26' 37 65 1972 Kerr Owner; John E.Galley, P.O. Box 1346,K&rrAlle,TX 78028 MULBERRY,WHITE Morus albs L. 240" 36' 36' 285 1976 Wiibarger Owner: Western Motel,715 Wilbaryer St., Vernon, TX 76384 $OAK,RIGELOW Quercus durandil var.brsvlloba(Torr.)Palmer 83" 40' 44' 134 1986 Dickens Owner; Homer Hughes, Star Route, kxring Springs,TX 79256 OAK,BLACKJACK Quercus mmilandica Muenchh. 143" 61' 60' 207 1978 Smith Owner: Bell Meadows Ranch,Leroy Bell,Rt. 3 Box 61,Llndale,TX 76771 i BOAR BLUEJACK Quercus Incana Bartr. 80" 64' 28' 161 1985;1 Cherokee Owner: Louis E. Stockton,3009 Gilmer Rd.,Iongvlew,TX 75604 OAK.BUR Quercus macrocarps Michx. 252" 76' 106' 354 1985 Cooks Owner: U.S. Army Corps of Engineers,Denison Dam,Rt.4 Box 493,Denison, TX 75020 OAK,CAERRYBARK Quercus falcata vu. tsgodifolia Ell. 228" 96' 112' 652 1974 Morris Owner: Melvin Helton,Rt. I Box 198, D ,ngerSold,TX 76638 •OAR CHISOS Quercus grociliformis C.H. Muller 65" 66' 38' 140 1982 Brewster e Owner: U.S. Department of the Interior,Big Bond National Park,TX 79834 OAK.CHINI(APIN Quorcus mushlonbergll Engebn, 171' 88" 86' 279 1970 Newton Owner: Wallace Herrin, Rt.2 Box 150,Newton,TX 75968 SOAR DELTA POST Quercus stellsta var.yaludosa Bug. 118" 108' 66' 240 1988 Wood Ownen Little Sandy Hunting 3 Plshing Club, 6011 McYinney Ave.,Dallas,TX 76205 OAR,DURAND Quercus durandil Buekl. 146" 70' 83' 236 1989 Victoris Owner: City of Victoria, Parka k Recreation Department, 480 McKnight Drive,Victoria,TX 17901 0 OAK,EMORY Quercus emoryl Tort, 88 70' 66' 172 1962 Brewster COwner: Big Bend National Park,TX 79834 e10AR GRAVES Qcercus gravesil Sudw. 145" 51' 41' 206 1975 Val Verde Owner: Amistad Recreation Area, National Park Sella, Dal Rio,TX 78840 9 SECTION 13 Page 27 10 32XIO d ca The largest known tree in the state •• a baldeypress tree located on a ry-+t±', , 1 V. ranch near Leakey in Real County•• narrowly fended off a challenge from n balde press tree near Kountze. Obtaining accurate measurements of both trees proved quite difficult, I�+NIf .f`�lt f t 'Measuring these trees was complicated by estabhahing the four and a ,y '• r ��11 r foot level above ground. For trees located on slopes,AFA defines r ground level Ls the mid-slope position, rather than either the high or low n' 2,; aides of the tree. On trees with buttressed trunks even an inch difference ItJ rr in measurement level can make several Inches difference in trunk �,�� {� ' I J • �` i ;4 r�i circumference. The Hardin County tree has a Mute,. and buttressed trunk, fk ! ' the base of which was under water for much of the using. The Reel I ? 666 $ fie : County champion stands on a slight slope,the mie point of which differed �yt somewhat depend .g on which side of the tree o.e stood. 5y � ', U. tti The Hardin County tree was measured when the water level dropped enough to permit average ground level to be more accurately determined. `F '' ,rj•�'� r ' ',`'.•+ Three different measurements of the Real County them lon's x °' r`y•� ti . 4l�' circumference were taken •• from mld-elope positions on both aides of the t , J„• + _ 1s'""�jj�kF1 tree and from a level on the uphill side. The midrange measurement was .R�• y••.,� ,a. j al adopted os the official circumference. Given the margin of error inherent in measuring the site of these two large baldcypress trees and with the state's largest tree title et stake, an exception was made this year to the normal praetics of not recognizing co• champions at the state level. The Heroin County tree has thus been included in the registry as the co-champion for largest tree in the state ., honors. Both trees obviously have benefited from their buttressed trunks in the cont+.et for the largest state tree honors. Chmrp!nn trees cone in ell sizes, since trees only have to compete against thew awn kind for the championship of their species. Co•charnpion baldcy press near Kountze k { I J -'f G % 4 el N tt � 4 M r t � IN 'is pit✓ r, ' 1t I ti r 'r rr:„'ar� • '� �r. I Ks '••,t��y: ��� ti• _ e I New champion black tupelo New champion rusty blaekhew 10 SLCT10N 13 Page 28 Aa �, { 1 1 7 1 1 J AUG%" ' Q ]DC. name dr. Wit. son index data (Co.) •10A6.ORAVES Quarcua graves)1 Sudw. 154" 42' 40' 206 1992 Brewster Owner: U.S. Departmenr of the Interior, Big Bend National Park,TX 79834 'OAK,GRAY Quarcua;rlsea Llebm. 76" 50' 48' 137 1983 Brewster Owner: US.Department of the Interior,Big Bend National Park,TX 79834 I e 40' 30' 23' 76 1972 Yoakum OAA.HAVARD Quercus havardii Rye. , Owner: Texas Department of Highways and Public Transportation,PlLns, TX 16355 'OAK,LA CEY Quercus glaucQldes Mart. &Old. 107" 58' 96' 189 1986 Blanco Owner: Mrs.Edith McAllister,P.O.Box 126, Spring Branch,TX 78070 OAK LAUREL Quercus laurifolia Michx. 164" 96' 85' 268 1990 San Jacii ' Owner: Eddie ae Davidson,P.0. Box 672, Porter,TX 77365 OAK. LIVE Quercus virginians Mill. 422" 44' 89' 468 1967 Aransas Owner: Coon Island State Park,Texas Parka &Wildlife Dept., Box 105,Rockport,TX 78382 OAK,McNAB Quercus stellate X sinusta vu,breviloba 147" 67 86' 231 19790 Dallas Owner: Mr, & Mrs. Ingram, 1329 South Beltline,Mesquite,TX 76149 OAK,MEXICAN BLUE Quercus oblonefolla Torr, 59" 28' 20' 92 1976 Presidio Owner: Diamond A Cattle Co.,P.O.Box 1000,Roswell, NM 88201 6OAY,hBTLEAF Quercus ru;oes Not 84" 39' 36' 131 1983 Brewster Owner: U.S. Department of the Interior, Big Bend National Park,TX 79834 0&&OVER CUP Querruslyr" Walt. 179" 150' 95' 353 1988 Wood O^,,ner: Little Sandy Hunting & Fishing Club, 6011 McKinney Ave„Dallas,TX 75208 O.'1K,POST Quercus stellate Wangenh. 192" SY 72' 295 1987 Houston Owner: Melvin Carpenter, 125 21st Avenue N.,Texss City, TX 77590 OM SlInUtRD Quercus shumarll f Buck]. 182" 120' 97 325 1968 Polk Owner: Alabama-Coushatta Indian Reservation, Llvingston,TX 77351 j 0._V,.;OUTHERN RID Quercus falcate Michx. 245' 87 95' 351 1990 Shelby Owner, Mrs.Lydia Jean Alford,Rt.2,Box 180,Joaquin,TX 75954 E OAR,SWAMP CHESTNUT Quercus m]chauxii Nutt. 240" 116' 100' 383 1970 Newton Owner: C.T. Bledsoe, 311 W.Olive,J&sW,TX 76951 `OAK.TEXAS LIVE Quercus virgintsna var. fusiformie(Smsll).9arg. 217' 57 99' $33 1988 Real Owner: Mrs. Eva Sanderltn,P.O.Box 189,Knippe,TX 78870 '_'„OAK,VASEY Quercus pungent var,vaseyana(Buck1.) C.H.Muller 45" 48' 40' 103 1982 Brewster . Owner: U.S. Department of the Interior, Big Bend National Park,TX 79834 *'OAK VAS Quercus pungem3 var. vveyana(Buci1J C,H.Mulbu 61" 39' 87 98 . • 1976 Val Verd Owner, U.S. Department of the Interior,Amisted National Recreation Area,P.O.Box 420367, Del Rio,TX 78842 (jAjr,.WATER Quercus nigra L. 186" lie' 85' 353 1988 wood Osmer: Little Sandy Hunting & Fishing Club,5011 McKinney Ave.,Dallas, TX 16205 e OAK,WHITE Qv.rcus alba L. 200" 107 7r 321 1969 NewWn Owner: Dewey Godfrey,127 Msrs+near Dr.,Fairfield,CT 06430 0 OAK.WILLOW Quercus phencs L. 209" 90' 107' 826 1961 Smith / Owner: East Texas Center Development Co., Rt, 1,Box 293,Tyler,TX 78708 OLIVE,RUBS: Elaeagnus anguatifc1s. 8Y $9' 39' 131 1889 Lubbock Owner: Suns at Church of Christ, $723 34th Street,Lubbock,TX 79410 11 SECTION 13 7age 29 X Ica 32 X I elaer6�a1 ' i O ':eenscaas cr. loc. name cir. ht. sor. Index date (Co.L OSAOE•O.RANGE Maclura pomifers(Kale)Schneid. 196" 40' 80' 258 1970 Bowte Owner Joe Mahone,$00 Frost,New Boston,TX 76870 'PALM TERA9 RABAL Saba] toxins 62" 45' 16' 112 1989 Hldalgc Owner: James and Dorothy Robinson,602 S. Ohio Avenue,Weslaco,TX 78598 PALME9"I'O. CABBAGE Sabel palmetto(Walt)LoddoexJA&J.H.Schulz 30" 25' 11' 68 I989 Hldals, " Owner: Alamo Bank?Tex",Alamo,A%78516 'PALMET'T'O. DWARF Sabel minor (Jacq.)Pen. 43" 2T 16' 74 1979 Braror Owner: William A Bllvino,Rt. 3 Box 437,Bts:orle,TX 77422 sPALMETIO.MEXICAN Sabel mexicana Mart. 41" 49' 17 93 1971 Cemerc Owner: The National Audubon Society, P. 0.Box 5052,Brownsville,TX 78523 'PALOVERDE.TEXAS hrddium texanum Gray 68" 23' $5' 90 1989 Cemerc Owner: L. M. B.Co radon, P. 0. Box 693, 611ulon,TX 78572 !PARASOLTREE, CHINESE Firmlana simplex(L.)W.F.11ght 80" 68' 40' 148 1972 Tyler Owner Thom"McClure, 305 N.Magnolls, Woodville,TX 76979 PAWPAW Aslmina triboba(L.)Dural 12" 29' 15' 45 1079 San Augt Owner Lillie Buckner, Rt.2,San Augustine,TX 76972 PEAR Pyrus commt rds L. 105" 3r 2r 149 1972 Cue j Owner: R.A.Me de, Rt, 2,Linden,TX 17563 PECAN Cerye Illinunsis(Wangenh.) K. Koch 23V 90' 117 348 19671 Parker Owner: Malbrey Oglesby,Weatherford, TX 16086 "PERSINNON,COIDHON Diospyros virginlina L. 146" 60' 68' 221 1972 Leon Owner: unknown 'PERSIMMON,TEXAS Diospyros wians Scheele 67" 26' 31' 101 196Sa Uvalde Owner Sam Barksly,Old Eagle Pais Rd., Uvalde,TX 78801 PLNE_,ALEPPO Pinus halopenris 42" 65' 44' 118 1989 El Paso Owner: City of El Paso, Parka & Recreation Dept., 2 Civic Canter Plata, El Paso,TX 79901 PINE, LOBLOLLY Pinus taeda L. 167" 13r 67 307 1983 Rusk Owner: Christine Langston, Rt. 1 Box 78,Garrison,TX 75946 PINE.LOBLOLLY Pinue tesda L, 168" 132' 66' 807 1989 HOUetor. Owner: USDA Forest Service, Davy Crockett NY, Eut Loop 304,Crockett, TX 16833 'PIN'S.LONGI FAF Pinus palustr(s Mill. 94" 105' 47 210 1989 Poll • Owner: Alabama Coushatta Indian Reservation,Rt. 8 Box 640, Livingston, TX 77361 PINNE,PONDEROSA Pinus pondeross Dougl, ex Laws. 110" 106" 48' 227' 1982 Brswvte Owner: US, Department or the Interior, Big Bend Nodonal Park,TX 79834 PLIVE,SHORTLEAF Pinus echinats Mill. 146" 90' 84' 252 1990 Smith Ovmen Lindale Fishing and Hunting Club, P.O. Box 1431, L(ndale, TX 76771 11 PINE,SLASU Pinus elliottil Engelm. 88" 114' 47 212 1988 Call o , Owner: Richard C. Latham,8525 Cedar Springs, Dallas,TX 75219 PINE,SOUTHWESTERN WHITE Pinus etroblformis Engelm. 106" 66' 87 201 1985 Culbert I ^wrier: Guadalupe Mountatne National Park,Star RL 1 Box 480,Corlsbod,NM 88220 PINYON Pinus edulis Engelm. 71" 40' 99' 121 1973 Hudepat Owner: Nelson Puett, P.O.Box 9038,Austin,TX 78166 12 SECTION 13 Page 30 � ❑ 32x ❑ r� n7xr/79e11 cr. loc. name cir. bt, sor. index data (Col) eP_ INYON, MEXICAN Pinus ambrofdes 2ucc, 111" 66' 44' 188 1982 Brewster Owner: U.S. Departmant of the Intarior,Big Bend National Park,TX 79634 \ 'PISTACHE,TEXAS Pists,14 texana Swingle 61" 39' 46' 102 1976 Val Vert t II Owrer: Amisted Recrep' n,Area,National Park Service,Del Ric,TX 78840 pLUM, CHICKASAW Prunue angustifolis 23" 18' 28' 48 1969 Lubbock Owner: XW Jay Mitcheli,4820 38th St,,Lubbock,TX 794142736 •PLUM,MEXICAN Prunus mexicana Wats. 60" 26' 35' 95 1981 Dallas Owner: Mika Miesch,415 S.W(Idwood,Irving,TX 76060 PLUM.WIIJbGOOSE Prunue munsonlana 23" Br 20' 65 1990 Dallis Owner: Florence Lewis,4737 Shodywood Lane,Dallas,TX 76209 PONDCYPRESS Taxodium distichum vat.nutans(Art,) Swat 60" 45' 30' 113 1982 Boxer Owner: City of San Antonio,P.O. Box 9068,San Antonio, TX 78285 POSSUMHAW nix decidus Walt. 14" 31' 24' 51 1986 Lee Owner: L.F.Clark,Jr.,Rt. 1,McDade,TX 78650 PRICKLY-ASH.LIME 2anthoxylum (agars(L.)Sorg. 18" 16' 30' 41 1975 Bee Owner: J.L.Beek, 202 W.Jones, Beeville,TX 76201 REDBAY Persia borbonis(L.)Sprang. 116" 67 49' 180 1978 Montgome Owner: Camp Strake Boy Scout Camp, Conroe,TX 77301 REDBUD"EASTERN Cercis tanadens)s L. a1' 66' 26' 114 1984 Jasper Owner: Robert a Jane Pace, 300 So.Wheeler, Jasper,TY 75951 'REDBUD,TEXAS Cercis canadensis var. texenale(Wets.)Hopkins 57" 3r 41' 104 1968 Reel Owner: Jesus Rubio, P.O. Box 252,Laakey,TX 78873 STE REDCEDAR EARN Juniperus virglnlan■ L. 196" 64' 60' 263 1987 Rusk Owner: Joe Futch, P.O.Box 278,Waskom,TX 76692 REDCEDAR SOlT1ITERN Junlperus silicicols(Smell)Bailey 61" 75' 26' 143 1979 Harris Owner: Robert A.Vines Environmental Science Center, 6856 Westview Dr,Houston,TX 17066 SASSAFRAS Sassafras albidum(Nutt,)Nees 210" 67 Sr 286 1972 Cass Owner: W.E, Swint, Omaha,TX 75571 'SAFFRO MUM Bumelia celastrins H.BK 41" 31' 29' 79 1987 Hidalgo Owner: Santo Ana National Wildlife Refuge,Rt.2 Box 202A,Alamo,TX 78516 n SELVERBELL,TWO-WING Halesis dipters Ellis 49" BY 39' 114 1983 Juper Owner: Mn.Dorothy M.Stine,Rt.4 Box 1738, Jasper,TX 75961 "SNOWBELL,AMERICAN Styrax wn4ricanus Lam. 8" 13' 15' 25 1982 Angeline Owner: U.S. Forest Service,Angelina N.F.,P.O.Box 758, Lufkin,TX 7901 "SOAPBERRY.WESTERN Sap)ndus drimmondil Hook, a Am 105" 64' g0' 174 1965 MtLenni 1 Owner. City of Waco,P.O.Box 1370, Waco,TX 767021370 e 'SOPHORA,MESCALBgbXSophors secundillore(Gomez Ortega)Lag. on DOSS" 27' 27 102 1983 Comal 0 Owner: WilLam H. Haight, 308 East San Antonio Bt, New Braunfels,TX 78130 is no"TEXAS Sopbors sArdo Torr.A Gray 60" By 80' 101 19701 Real Owner: Louis A.Casey,Box 268,Lackey,7%77873 SPARKIEBERRY.Ing Vaccinlum uboreum, Mush. 28" 20 40' 84 1990 Smith Owner. Texas Parke a Wildlife Department, Rt 10 Box 1043,Tyler,TX 75707 13 SECTION 13 Page 31 32 X o SWISS" h or. loo. nnme cir, ht, opr. Index date (CoJ SUGAR BERRY Colds laevlgata Willd. 159" 100' 80' 279 1973 Gregg Owner: J.F.Presley Oil Co., 516 S. Eastman Rd,, Longview,TX 75601 *SUMAC,EVERGREEN Rhus virgins Lindh.ex Gray 36" 17 IT 62 1990 Uvalde Owner: Lewis Watson, 1012 Corsairs,Covo,Austin,TX 78734 " *SUMAC.PRAIRIE Rhus lsnceolsta(Gray)Britton 45" 29' 23' 80 1976 Comal Owner: The Nordan Trust, 711 NBC Building,San Antonio, TX 78205 'SUMAC, SHINING Rhus copallina L. 35" 49' 19' 89 1986 Cass Owner: Charles W.Reynolds, 120 Pebble Bosch Dr.,Little Rock,AR 721 l2 SWEETBAY Magnolia virginisna L. 106" 83' 36' 198 1988 Hardin Owner: BIg Thicket National Preaervo, $785 Milani,Beaumont,TX 77701 SWEE'TGlT61 Liquidambar styracifius L. 232" 108' ST 362 1981 Morris Owner: Gary Wtllorord, Rt, 1 Box 304,Hughes Springs,TX 78668 SROC7L>AF Symplocos tinctoria(L) L'Hor. 25" 47 20' 72 1987 Monlliomor, Owner: Texas Forest Service,Jones State Forest, Rt.7 Box 181,Conroe,TX 77364 SYCAMORE Platanua occidenta1is L. 836" Sty 73' 444 1986 Walker Owner: Dr.Albert M. Thomas, 6410 Fannin,Houston,TX 77030 SYCAMORE, CALIFOILNIA Pletanus recemoss Nutt. 46" 45' 45' 102 1978 Bexar Owner: City of San Antonio,P.O. Box 9066, San Antonio, TX 78285 *TALLOWTREE Sa;ium sebiferum (W Roxb. 139" 51' 77 209 1987 Polk Owner: Goodrich Indep ndent School District,Goodrich, TX 77335 TAMARISK, FRENCH Tamarix gal!ics L. 104" 55' 69' 174 1989 Brewster Owner: U.S. Department or the Interior, Big Bend National Park,TX 79834 'TUPELO,8IACK Nyssa Sylvsdca Marsh. 100" 106' 66' 312 1990 San Jadn Owner: USDA Forest Service,Sam Houston NY,308 N.Belcher, Cleveland,TX 77321 WALNUT,ARIZONA Juglans major(Tort.)Heller 169" 78' 76' 266 1989 Blanco Owner: hfn. Paul B.Morostim 839 Eikel,New Braunfels,TX 78130 WALNUT,BLACK Juglans nigra L. 168" 74' 76' 261 1985*0 Smith i Owner: Robert Buford, Rt. 3 Boa 2$0,Bullard,TX 75757 low ALNUT,LITTLE Juglans microcarpa Berland. 160" 60' So' 230 1980 Denton Owner Unknown WATERLOCUST Oleditsis squadcs Marsh. 84" 63' 4T 139 1972 Madison Owner: R.Clinton Wakefield, 1624 W. Main,MadleonNlle,TX 17864 WILLOW.BLACK Salix nigra Marsh. 145" 89' 73' 252 1986 Newton Owner: W.L. Tratti Estate, Rt. 1 Box 226, Burkeville,TX 76932 WILLOW,DESERT Chilopsis linesris(C6v,)Sweet 70" 3T 33' 116 1990 Lubbock Owner: KM W.D, 6lasssy, 3109 22nd St., Lubbock,TX 794:1 • WFTCB HAZEL Hamarrabs virginlano L. 6" 26' IV 35 1973 Tyler Owner: Big Thicket Nations]Preserve, 3786 Milani,Beaumont,TX 77701 C WITCH HAZEL,OZARIS Hamunelis vernalls Bart• 6" I9 19' 29 198b Juper Owner. U.S.Forest Service,Angelina NF,P.O.Box 766,Lufldn,TX 75901 YELLOW•FOPLAR Llriodendron tulipifera 146" 106' 65' 267 1988 Can Owner: Charles W.Reynolds, 120 Pobble Beach Dr.,Uttle F-ck AR 12212 I 14 SECTION 13 Page 37 32XI ❑ s ' ttavoe.w o �4 I _ , cr. loc. name cir. ht. spr. Index date (Co.) ITAUPON Ilex vomitoria Alt. 49" 45' 40' 104 19720 Liberty Owner: B.H.Whittington,Box 561,Devers,TX 77538 'YUCCA. CAWNEROS Yucca camerosana(Trel.)McKelvey 61" 25' 10' 79 1977 Hudepet Owner: Eagle Mining Co.,Sierra Blanca,TX 79851 $YUCCA.FAXON Yucca faxonians Sarg, 91" 18' 9' Ill 1990 Hudspet Owner: Nelson Puett,P.0.Box 9038, Austin,TX 18766 'YUCCA.TRECUL Yucca tretuleana 24' 30' 9' 66 1990 Cameron Owner: Lower Poo Grande National Wildlife Refuge,Rt.2, Box 20M Alamo,TX 78516 Big Tree Sponsors 71ds year's special edition of the Texas Big Tres Registry was made possible by the sponsorship of several organizations concerned with the environment and with public education about our renewable natural resources. Funding for the registry and Its distribution came from the Pineywoods Foundation, the Texas Society of American Foresters,the Texas Forestry Association and the National Forests and Grasslands In Texas. The Pineywoods Foundation is a private foundation which serves public interests and purposes In deep East Texas. The Texas Society of American Foresters(T9AF)Is the Taxes affiliate of the Society of American Foresters(SAF). SAP is the national scientific and educational organization representing all segments of the forestry profession in the U.S.,Including public and private practitioners,researchers, administrators, educators, forest technicians and students. With over 19,000 members,it is the largest professional forestry organization In the world. The SAF was founded in 1900. The objectives of the TSAF are to advance the science,technology,education and practice of professional forestry in America,especially within the state of Texas, and to use the knowledge and skills of the profession to bcmefit society. The Texas Forestry Association(TFA)is a prints, non-profit,statewide arpanizatien. Its members Include � landowners, professional foresters, forest producu eompanies, related businesses and other individuals who understand the benefits of wise forest consenation practices,now and in the future. More than 2,900 people with 'tree spirit" are members of TFA. Founded in 1914 by W. Goodrich Jones,TFA has grown into one of the stele's most IJ active conservation organizations. TFA members believe that forests should t.: ,,roperly managed to ensure a steady wend supply for future demand. They recoognits the aced to use the forest resource wisely and to its full economic extant, In an effort to Increase public awareness, TFA offers many educations programs,among which are the Teachers'Conservrtion Snstitute,Youth Seedling Program,forestry scholarship program,speakers bureau and the Texas Forestry Museum in Lufkin. Texans and ail Americans will be celebrating the 100th anniversary of the National Forest System in 1991 and, more importantly, 100 years of natural resource stewardship In the United States. On Much 30, 1691,President Benjamin Harrison signed the Creation Act of 1891. That legislation stopped the wholesale • disposal of the public domain and began the formation of a national treasure trove composed of national forests, wildlife refuges, Bureau of Land Mane,,,, •at lands •a rind a vastly enlarged national park system. Within Texas are fou r , ill forests In the eastern portion of the state,two national grasslands In the rortheast, and portions of three other national graselsuids in the Taxes 'panhandle.' All are { "multiple use' lands, so called because a variety of activities take pincs on them. These include camping,hiking,bird watching, fishing, hunting and com.nercia) enterprises such es lagging,mineral exploration and livestock grazing. 'these e federal lands are especially valued because of the relative scarcity of other public lands In this vast state. Admission is free,except for nominal charges at some O - developed recreation facilities. The few regulations that vieltore must follow are designed to ensure their safety and protect the natural resources. SECTION 13 Page 33 15 ACT 32 x r. , I 1' C r I , d911AYQ47 ° " C I , �@ Ij SECTION 13 v C. Urban Forest Determination r s, The definition for"Forest'Is a common one. The Texas Forest Service uses the same definition for forest,as printed in the Planning Advisory Service's publication, Tree Conservation Ordinances. That 1 definition is as follows, y; ♦ "A biological communo dominated by Gees and other woody plants oa iori ng a lend area of 10,000 square Feet or greater• Forests include areas that have at least 100 trees per x acre w4h at bast 60 percent of those Gees having at least a two inch or greater diameter ' of 4.5 Fact above the ground, and forest areas that have been ad but rat cleared, An ? orchard is not it forest' (; Based on further information: ♦ We have determined that on a statewide basis, and from Information provided by the State of Texas,that there is one acre of tree cover for every 5.8 acres of lend;and, ♦ Since this Is a state wide ratio of 17.2 trees per acre, and the fad that Denton County coverage is srghtiy higher than the State's average; and, ♦ That a 20 percent rata of the definition for forests,or 20 trees per acre,is appropriate as an Urban Forest coverage for Denton. UPDATE: On March 24",1@98,City Council redu,.od the tree requirement to 18 two per acre. ; o I J _ r { � • E 4 " C MM Dour wbtandwAps or"ne rr 47 DOCMCnoN 13 doe SECTION 13 Pape 34 Fi 5W, 10 . 32x i ❑ r 1 r ar r, 1 41 Y 1 I •, ., , f ., r I L J t ie ' e r •AO�# r r ! 1 A �,�, 4 1, I tr ' p r ' 0 E. ' r :TANUavul r i 1 i 4 I ,uier 1� r _ �• cm srr — I cN llro. tiff • I .1�� l '—� •—,._ I, , L141N41 1 %0WIRA1r 1.NO AND HO Will OR UPLAND SAVANNAHS M D 4Yw.nn rGr M G SN W x rr ..Lw+VW n r n.MryMr YNL Ams" IP W V AW LIM IMII ON I/MY4 fNAPAM b"W►wMr, RI YWN.MnM/WM YMAOA nWrL WrN W L ' O&I' Mh xM nW uMIMxd Rn Mw/IimlWln ONwx%NAIA VIA xWN N YAo.AY wN xrNN..W n M r wd'Nm4m II..1 YAMIW,IrlMIrm.lA,ry O 4^%,A0 WYA-IN,,w RVI41Mw MIN 04`4.1R AAA MW M Y..Ir,INV YWI.I.rM RAN M AxI�n M \ i 1 1 1 AAAO . rY 1 1 1 1 Fs—1 MN►wL Am MANA"1'x WxAwNtWw. 1 O IN1I1 W M NCI IAlnN N rMY xW PrwYM'n 1 1 i � I 1 � ..w I Q 4anIwN'. M xRNI,M'R fVxry w WxrNYIY IYw.YArw ]I:rtw � 4..M �Yx M 4w Y'Y Le.Frn.Mh1 M ' • 1, 1 1 v an o10 6040 4N IUTrOII LAYW l4c � � W �rINi 000A ryfW wl�i AAR0 MI�1M.d" 1 mAIA/ J Ir � � 4 ��� 1 VtllY huLLOF/o Milt 1pU ON VfU1NDfMUIU + AA bOA I'h YMM1 Y WMnL'Yr'n NM .. Fm F f ',.1 ��rin, I W NwMw bYAlww., Me.w N.Nl4wN1 MI rA xRwL ��� ,...� � 1 Jul , ll���II.�I�•�x,r � ' � I OwAiWh M�M.nI!'lln Ww.YM RL rw.Nn LwN r 1 �� t C~� 1. ,wrRNh•NM YAI �MM MNinY wRMYIN VIW i A l'I I 4 ,�+... � I •o •� lol ee�� r V5S ?ARRANT• 1 1 IIALAA wnv O.N NTY � L N y / tdo'RAVAMN mMq " OA { 19M AS A010RMUL bHAIMINT SIAM" GENERAL SOIL MAP DENTON COUNTY,TEXAS 1 I MARS I j to L.LL:_i N.n ti " I ' ' ! 1.. Will � irlr1 , ll , , H r A ro ra - - - 25 x 32xl0 4 'r 0 f 1 1• I A 7J1 � ,,, ,f h �,� ., v 1.• „nf �. .. ! ........... ..... � .+,taro %.ASiv.ttiRlYwA�.f.eu, r .... ,v f ��� 1 .I Public Comments k I 'l The following indude al comments from the pubic other than those made at pubifc hearings and other comments from Trammel Crow Company are kWed In other sections of this packet. f r f , r II i I , p I r 1 I \ 'q � r cxMD=Rwft%A, nw0raNnCd=4-?00cMcT"15 C SECTION II Popp k I , , r 25. >< ❑ 32XId . I mwa No 0 l ' 1 ' I II T-U-SUC MEETINW" To Solicit Public Commentary "BEFORE" preparation of tho Future Landscape Ordinance Revisions WHEN: 5.30 PM, Thursday, December 111h WHERE: Council Chambers City Hall, 215 East McKinney, Denton, Texas 76201 ' ' All Interested parties, stakeholders, the Citizens of Denton, ' property owners, consultants and developers are Invited to participate. ' Please attend and give us your comments and views of ways to revise the landscape Ordinance that reflect the goals of I the Cityl 1f you are unable to attend this open meeting,please send your comments by December 19`",,1998, In writing, tot • The City of Denton Planning &Development Department City Hall West 221 North Elm Denton,Texas 78201 • Attn: Nancy McHeth, Comprehensive Planning Manager y o • Or FAX us at; 940•349.7707 Or, C211 Us at; 940.349.8350 l_ Note; City Hall Is hand!cap accessible. SECTION 15 Page 2 21) K 32XIn r� �i;, • �1 1 q � 0 1 I C The On of Denton, Planning &Development Department PLEASE SIGN-1�l Public Meetln>PlandOM ordinance Bevislan Docember 51, 1997,s:30 PM,City Council Chambers 215 East McKinney,Denton TX me Street Address Phone Organization Represented(If Any) Na \' Number � •aiy.•�/L^� C `�''r • .x•11?"• ( I 11 ,y � '. •1 /1Zy11 _ Ad- J��oek,., C 4 o 12,0 392-��C�a✓ d �� .397- 570 V/�!�-� " '�� dG-A 'G^� !/l .i� 1�.J..:'Ml., J[' ^� J 14�r'rc•. Cil V i tn M H °x N b a -- 25 32x ❑ wasanniss •I K1010" ,. r • O Landscape ordinance Public Meeting 12111/87 Record of Comments Landscape Ordinance Public Meeting December 11, 1997 ` A list of those In attendance Is attached, Mr, David Hill (Director of Planning and Development) introduced Ms. Nancy McBeth, (Comprehensive Planning Manager, Mr. Stephen Cook (Comprehensive Planner) and Mr, Greg Mitchell from building permits and Inspections. Ms. McBeth commented on the agenda and various handouts that were given at the meeting. She also mentioned the ability for people to submit written comments. The purpose of 'he meeting Is to get comments about the current ordinance. What works, what doesn't work what would you would like to see changed, Question:what is the purpose for changing the ordinaries? The city council feels that the permitting Is difficult to determine the process and enforcing the ordinance. In addition,the street yard concept is hard to understand and the tree preservation portion of this ordinance shoul.1 be revised, Question: Is the size or type of the(protected) tries going to change? The protected size of trees is 10"and the process Is that 0 you are to remove any trees of this diameter,then you have to gel a permit. Mr. Mitchell: Currently you come in and apply to building Inspections for a tree removal permit. We can only issue a permit on commercial property, We try end work with the developers and architects to save as many trees as possible.Then all the trees In the footprint or the parking lots are removed. Question: Are these any types of tree? Any type of tree can be removed by permit. Whether it is a hockberry, oak or mesquite. As long as It Is 10" In diameter it Is a protected tree. Less than that, it can be removed without a permit. Public Comment: Several species of trees which do not reach a diameter of IV ano Dosstbly would be cut down, Redbud trees and other similar only reach a size of 4" to b' In diamcl•r. Is there any type of levels to save trees of different growth patterns? Ms. McBeth: Redbuds and crepe myrtles are classified as multitrunk end understory trees. A new provision would have to be written Into the ordinance in order to specifically gave these understory trees. Question: is this going to be enforced on residential as well? Currency the ordinance does not Include residential de+eiopment. Soma types of development Including. PD and multiramily projects must have landscaping in order to be built. Comment: Currently the ordinance Isn't very enforceable It takes much coercion to gel people to on egfeement as to the landscaping of a development. •V'I Comment: We've seen this many times through the years. While many of the trees are saved, they die soon afterward because of root cutting and other damages made to them during the p ') construction process. Protection of the roots of the trees that ore saved Is not currently In the �1" r ordinance, SECTION 15 Page 4 - 2 ") 0 32 X I O I i '1 " o Landscape Ordinance Pub1le Mee ing 12111197 Me McBeth: There are several ways of protecting the trees that ere saved by techniques such as fencing, In eddition developers need to be edvtsed on techniques to save IreaR. J Comment: Recently, a now car dealership has taken down a lot of trees. If that had been In the City of Denton, how would the devc'opmenl have changed? Ms. McBeth: Predominantly they would have to map ail of the trees. There aro street yard requirements In which a certain number of the trees would have had to been saved. Question: Didn't the architect for Lincoln Mercury dealership save some trees In that development? Ms. McBeth: Some trees were saved on that property, Comment; Since the City of Denton does not have a professional arborist In I:s employ,wouldn't it be better if new developments were required to talk to an arborist or landscape architect, if they were to build a large development like the Lincoln-Mercury dealership, Ms. McBeth: Predominantly, tree locations are typically located by survey crews. They will look at aerial photographs and look at tree groupings.They will go out and lag all of the trees that ere considered protected. Use of an arborist or landscape architect would be useful to the city. I have seen ordinances with defined categories of sizes and species of trees attached to individual sizes. In addition, there are some ordinances which define tree groupings end densities which should be protected.The trees would be saved because they were grouped together,You want to save the trees which have the best luck of staying alive. There is a debate about the best type of trees. Whether they ere hardwood trees (oak)or softwood (ash). If one had a choice of saving e grove or b" oak or saving an 25 year old ash tree what would the choice be? There are a lot of ordinances that discuss preservation Issues, Most of the more stringent ordinances are going to be out of state, Mostly on the west and east coasts. Comment: There Is a bias of some people In the area that leans towards saving native plants and trees. There is an Inherent saving of energy and natural res)urees for using native plants. If there were ways of Incorporaling this element into the ordinance that would be preferred. One of the problems of the area is knowing exactly what is native an6 what Is not, There have been so many species of plants and trees Introduced to the area, Ms. McBeth: I did start compiline a list or trees and plants, which came from the State Agricultural Commission.If there were eny further Information, I would be happy to receive It. Comment; On behalf of the Native Plant Society,we would be happy to provide any lists end Information to the planning department, The demand was not there originally for native plants because people were not knowledgeable. Now with more people asking for native plants then the retailers,are able to ask the growers to begin to grow these types of plants. If the City of Denton • begins to plant everything native [hen we can keep everything alive. Comment: Onn of the main concerns about native plants Is the condition of the soils. This includes the subsoil.The ordinance does not include soil improvements or soil improvements. Ms. IdcBeth: Are you talking about Sol[ additives end Improvements of this naturo? One of the specifications of what Is problematic In the current ordinance Is the definition of a 2' caliper to be replaced. The American Nursery Standards has a list of plants and definitions, Mr, Hill: Throughout this process the question to think about Is: How do you write speclficiowns ysl to the ordinance that will be enforceable end understood? Do you only write a performance standard? Make the ordinances easy to understand to when the Inspectors are out in the field, I 01!09198 Palo SECTION 15 Page 5 - w;ti 4 h w. ❑ 32 x ❑ I f J. Emsoi I ' 2120" Landscape Ordinance Public Meeting 12111/97 they can finish the Inspection In a reasonable amount or time. Another problem Is with eimpte measure of Solt content.With the overturn In ownership,the standards might not be kept up. Comment:There should be at least a minimum requirement for maintaining the got integrity. Ms. McBeth: Perhaps Just the pH of the soil could be tested? Comment: Not only the pH must be tested but the organic content, texture, soil depth, mineral content,layers,subsoil,drainage,and other factors are important to maintaining tree growth. Mr. Hill: From a city standpoint, anything that could enable the developer to understand the ordinance better, perhaps a user's guide or something to that effect would be beneficial. About certain specific Issuer. We have an extsting ordinance, what is either right or wrong with the ordinance? There Is a feeling among the city counol members that this ordinance needs to be revised. Comment: One of the things that happens is that deveiopere are able to bargain off by percentages the number of trees.If that option should be a little less available then perhaps more trees would be saved.Then, after all negotiating has been done perhaps the developer would be able to gel the permit. Ms. McBeth: Other things come into the effect which constitute the removal of trees, Including Infrastructure,including placement of water lines, sewer lines and other utilities. Comment: The builder might not be aware that thb,-e are other options and alternatives to construction plans, Perhaf'. If the developers were requ+re3 to present different deslgns and/or structures. l Comment: A less street yard requremenl would be beneficial promote different designs. The developer might be needing a side yard or back yard to enhance preservation. 1i Mr.Hill:Are you talking about the integration of street yard and tree proservation4 i Comment: The street yard is too restrictive. Comment: The keyword Is flexibility. The ordinance needs flexibility so that we can get away from every development looking the some. Comment: t don't know why we don't ask the developer to keep the top six Inches of the Soil. They sell It off. Ms. McBeth: Possibly the city could require that a developer have a landscape architect to monitor the soil content and planting throughout the development pfocess. The LA could also help in providing a variety of designs and plants within the design. One thing we haven't talked about Is the requirement of sprinkler systems or Irrigation Systems as being mandatory. Mr. Mitchell: Having water on Shop Perhaps a hose bad within a hundred feet above the landscaping beds. Mr, Hill: Are there examples that you feel are well landscaped or where the ordinance fell short of O Its Intent? One example I can think of Is a major sewer line being constructed...they had to take down several trees,and they made several efforts to tunnel or move around trees. But when the residential development come In they removed all of the trees.One of the issues that Is going to 01/09/98 Pate 7 j SECTION 15 Page 6 - h K 10 32x ❑ e Landscape Ordinance PuDlfc Meeting 12111197 - be asked is whether or not single family or two-family development should be included In the tree I preservation. Question: Tree preservation Is already required In single family Is it not? Mr. Hill: No, It is not. Comment: One example of good renovation Is the gas station on the south slide of 377 and 0". The Total gas station Is a good example.it Is better now than what It was. Comment: The Texaco at McCormick and I-35 did a much better fob tha•i the Total did. Comment: Two other places which are re;Ily nice are the Texas Bank and the Kentucky Fried Chicken on University Drive. Mr. Hid: One of the thinra that we can do Is take a,iisting developments that you like and see what they did. Thee take pictures and develop an ordinance '-. .ed on the positive things that they did Comment: I want to know what the landscape ordinance says when the BF Goodrich on University built two bays and tore out all of the cement and Denton didn't get one blade of grass. I want to know why Coaslal on Sherman Drive tore the place down completely and came back without any grass. Mr, Mitchell: BF Goodrich, the way the ordinance is written currently, if you build towards the street on an existing building, landscaping Is not required, Comment: These are the ti-'r 1s that I wall to be changed In the ordinance. The beautiful new courthouse on McKinney, and there Is a food market with a gas pump end canopy and no grass. That is going to be an eyesore for a long lime. The City's ordinance is too loose. 1 go up Carroll Boulevard, `The Place to 99" He put parking right up to the curb. How can he do that, when every one else is required to I want to know why the city doesn't go up to the county and ask them to do something about that. Mr.Hill: The county can supercede the city, question: Does the state or the county have to gel a permit? M -Mitchell: The stale and county are exempt from city ordinances. The county volunteers and As the city's requirements. Comment: A buildir g in a Industrial park had all sorts of landscaping, but M a few months el of the landscaping was dead and never replaced. Comment: Another eyesore, Is Reiney Insurance on 35 end Meadow. A tree was cut down. I've been trying to get someone attempt to gel him to plant a tree. I'm still unhappy about the new storage and min I-warehouses, Why don't they make them turn them around. There should be a wail that would hide all of the warehouses, I don't want this to be a tin city. I want more brick on the buildings so It won't look so bad. When the carpel people move out on 1.35 1 hope that the landscaping will come out better, 1 Ms.McBeth: What we need to do is find someway to enforce the plant replacement. Comment: But the consistency of enforcement. The ordinance should not be so detailed as to hinder the enforcement on developments, 01lG919t1 Pap i SECTION 15 Page 7 32x ❑f 1 i 4 1 F.1 I 1 e ! i a t Y I Landscape Ordinance Public Meeting 12 111197 i Mr. Hill: Our code enforcement people are really being stretched. What we need to do Is And a systematic way of red-flogging places that need to be enforced. Just because one place Is out on ' \ a highway and one Is not doesn't mean that they shouldn't have the same enforcement of the ordinance. Ms, McBeth:Does anyone know of any way to enforce landscape requirements? Mr. Cook: Right now, one cannot get a certificate of occupancy on a new development unless they are In compliance with the regulations. Comment: On major corridors,there should be extra requirements trtcluding more shrubbery that needs to be 2'to Thigh, A higher screening requirement needs to be added. I wish that we would put In higher shrubs to begin with. Mr. Mitchell: The requtrement is that they need to reach three feet within three years. Comment:Then we need to tell them that they need to stop trimming them down. Question:Does this ordinance have anything to do with building In a floodplaln? Mr.HIII: Lincoln Mercury Is building up their property abo re the floodplain.I can see a reasonable level where some tree walls can be solved, Comment: Place landscaping in front yards in residential areas. lots of communities require new development (rasldenlial)to have ground cover and trees and bushels In place before occupancy. Comment: More species of plants and trees need to be used and they need to be placed in such a way as to conserve energy.If they are planted on the western side of buildings, and parking lots Cthey can shade the structures and reduce the amount of energy N takes to cool them. Landscaping can not just be aesthetic,but it should be functional and serviceable as well. Ms. McBeth: Back to sprinkler systems, should a set of systems be required? Root soaking systems are available, to reduce the amount of water loss. Most of ilia grass planted Is St. Augustine which Is a water succulent grass, other types of grass could be planted that are hardy with less water. Comment: Sprinkler systems would be nice, JUthough t ere are many sites currently ui 12 sprinkler systems and wasting water, running them In the rain as an exempla. The sprinkler heads need to be In to the root area an that are more effactiva, to 11 1 1 I `y r I I •y. ' r' : • 01109199 Paje! SECTION 15 Page B - - 25 R [] 32x ❑ � t , 0 i i' .l 4 i December 11, 1997 To: City of Denton Planning 6 Development Dept. Attn: Nancy McBeth From; Mike Mizell, Chair Sle"a Club, Cross Timbers Group 6D0 Edgewood Denton, TX 76207 Subject; Landscape Ordinance Revisions Dear Ms. McBeth: t would hate for Denton to start looking like almost any of the newly developing areas lust to our South In Flower Mound, Carrollton, Lewlsvllte, etc. Without controls, that Is exactly what will happen. The prevailing model of development Is to scape an entire area clean, build houses, then plant some non-native, mostly III-adapted tress, bushes, end flowers around the foundation, and then cover the rest with a sterile, monoculture lawn. This Isn't very exciting to look at, and It Is totally worthless to wildlife. Because of the III-adapted vegetation and sterile nature of the soil caused by the scraping and filling, plant diseases ar ; pest problems will be rampant, and most homeowners are going to begin chemical warfare with heavy doses of pesticides, fungicides, and herbicides. It Is only In fairly recent years that these construction practices have become prevalent, and It Is totally unnecessary. �. Texas Parks d Wildlife, National Wildlife Federation, Audubon Society, Native Plant Society, and many other groups are working hard to educate people on wlfdscaping and the use of native plants and organic care to attract wildlife to the urban yard and to t halt the poisoning of our environment and greatly reduce water use. Yet, our new developments tend to do exactly the opposite. The landscape ordinance should In some way encourage maximum preservation of exlsting native vegetation. One possible way to Increase esthetics of new housing areas and to maximize wildlife habitat Is through clustering of structures In order to leave the most green space, f Practices like this should be encouraged In some way through the ordinance. Another very critical Issue Is development In floodplaln areas. Any disturbance of the . ', natural vegetation around drainages totally upsets the natural filtering and control of ' rumofl. The result of development is potutlon of the steam and creation of the flooding Problems that then require turnfng valuable streams Into concrete ditches. When the natural buffers are destroyed, dra'nage maintenance becomes a perpetual headeche and ecpenss for the city. Ordlnancaf should forbid any construction In floodplaln areas. , Please enter my comments Into the hearing records. • Gratefully submitted, + � O • Michael E. Mizell 'i SECTION 15 Page 9 1 C , v v � 3 1 •' I ,f r r l t r Texas Agricultural g ultural Extension Service The Texas A&M University System i Denton County Govemment Center 306 N. Loop 268,Suite 222 Denton, TX 76201.4818 940.565.5536*metro 972.434.2052 j fax 940,565.5621 December 16, 1997 Ms.Nancy McBerh Comprehensive Planning Manager City Hall West 221 North Elm Denton, TX 76201 Dear Nancy, Thank you for providing the opportunity for public input on revisions to the current "Landscaping, Screening, and Tree Preservation:ordinance now being considered. As the Extension Horticulturist for Denton County I served on the committee that drew up the original ordinance. Although the document has undergone a few improvements since that time,there ere a few points I think would improve it further. The following points are not listed according to priority: +Tailor Iandscape requirements to zoning so that industrial does not have as great a requirement for landscaping as does commercial,which does not have one as great as professional office,etc. +Build in flexibility but keep the stringency and high standards. +Develop soil specifications that required landscaping must employ. This is at least as important to survivability as the plant species required. +Work with Native Plant Society of Texas and the Texas Agricultural Extension Service on both approved and disapproved plant lists. +Enforce ordinance strictly,uniformly and consistently. 0 +Fence off the root area to be protected for protected trees prior to site / development work, I l i &tension prosrams serve people of as esee resardless of sodoeconomk level,race,cola,It;rOj1Q'N disabMrY a national 680 The Texas A&M Univenity System,V.S.Department or Asrkuttwo,and the County CommhsWen Courts of Tema sCooperadn$ WI IA' 15,,4.4ge- 10 l --- � � ❑ 32x ! ❑ :r ' r 1 � Y 1 I l •r t t 1 IF F IF 1 t Ms.Nancy McBeth December 16, 1997 Page Two +Allow only hand tools into the protected root area of protected trees. +Do not allow fill soil to cover the protected root area of protected trees. +Protect at least half of the effective root area of protected trees where the effective root area is acircle having a radius equal to the height of the tree. +Advise root disturbance on protected trees be accomplished during the dormant season if practicable. +Trenching for irrigation or other purposes shall be touted around the effective root area if possible and if not shall be run in a radial fashion to the tree trunk to minimize cross-cutting lateral roots. +Include site development for singh:-family housing under the tree protection sections. Housing developments are among the most significant causes for tree losses. I would allow the homeowner and the builder to work together on their own particular lot but the developer could work to protect more trees when she/he is developing the streets, drainage ways,utilities and lot lines. +Encourage boring of utilities under tree roots where possible instead of trenching \ Through tree roots. +Look at the utility codes to see if you can encourage the use of common trenches to reduce the number of trenches required. +Look at the entire code in terms of impact on tree losses, e.g. drainage and parking requirements that may actually promote excessive ground disturbance. For instance, are there cases where sub-surface drainage pipes could be used instead of massive surface grading that would provide adequate drainage but not damage as many trees? These are thoughts I have had on the ordinance. Again,thank you for requesting public input on i revisions to the ordinance. Please let me know if I can assist you further as you work through the many Issues presented. S ncer y, ' • O ` I . Cooper , A►� A•Horticulture opy-David Hill `r 5ECTM 15 Page 11 - - ? .� x. l ❑ 32x10 0 Q40 a=.2 SSSI 12/191[997 16:20 940-392-9551 M MIZML PAGE 01 i December 19, 1897 To: City of Denton I Planning 6, Development Depl. Attn: Nancy McBeth From: Mike hlizell,Chair Sierra Club, Cross Timbers Group 800 Edgewood Denton. TX 76201 Subject. landscape Ordinance Revisions Dear Ms, MCI1e11h: Hers are additional suggestions I have for the Denton landscape Ordinance. Any naw ono And two family construction needs to be Included In requlre:+unts for, (I)no clearoutting, (2)preserv1ng as many tests as posii above 10" In diameter, (9)protection of tree root tones during construction with faicing. Above items need to be mandatory. Other desirsable actions should be encouraged through some kind of Incentivss: (i)IM wooded areas, preserving existing understory vegetation, (2)In open areas, preserving native grasses and wildflowers, (3)Minimlzing coil disturbance for the entire lot. (4)Ensuring decant quality soil for plant growth when titling it required. + (5)6iling structure to maximize preservation of existing vegetation. This means allowing flexibhlty M property setback requirements, and In some cases planning • mulls-tot developments to encouraoe clustering of houses In order to maxlmite the quality of green space for both resldent4 and wildlife. (6)Orient3tion of all structures within a development to have their long axis east-west In order to reduce year-round energy conaumptlon. This atone saves 15.20% on energy use, y`.{� 1.1. • 111111.. .1 u.....�1•. �KL4�u ; . luy�o PIl}jjJ i b.A*uu... ..1. 161. •u u. �. • c SECTION 15 Page 12 #MKS �_� . IC7 32- x1 ❑ F ' I • y I I y1 rl r 0 r t ) COMMERCE OF December 19, 1997 i Nancy McBeth,Comprehensive Planning Manager Planning& D:velopment Department 221 North Elm Street Denton,Texas 76201 Dear Ms. McBeth: Thank you for the opportunity to make comment regarding the City of Denton's future Landscape Ordinance revisions. We forwarded your recent notice to 14 different builders and developers encouraging their own individual response. Our Board of Directors addressed the issue during its regular December 18 meeting;please accept a general summary of the consensus. Most reasonable people seem to recognize that Denton has many natural assets that should be preserved and protected, especially as inevitable residential and commercial growth proceeds 1 northward from the Dallas-Fort Worth area. The principles of owning and developing private property in Denton appear to be scrutinized much more for commercial and industrial usage than residential, It would seem that from a purely constitutional perspective, private ownership of property,regardless of usage,should essentially be treated the same. Obviously,the government is obligated to identify and enforce the maintenance of development standards as it pertains to public health, safety and transportation. Our cone.-m,however,Is that the property tax base in Denton is disproportionately dependent on the residential sector,which will continue to place a strain on government in providing the public services that local citizens expect. • We contend that the Denton property tax base should have a 50.50 ratio of residential to commercial•indu$trial assessment,at a minimum. While we certainly do not suggest that residential developers and builders be punished, we do feel that the regulation of commercial and industrial growth should not be discouraged as the result of regulations that are primarily based on individual aesthetic taste. Charles W. Carpenter President SECTION 15 Page.13e,,.,,,E,em 4t4 PARKWAY • R0.DRAWER P DENTOK TOM 71302.171! (110 fa3M13 " i'rT' i '' " ?. x � ❑ 32x10 i O 1 I aannrs NATIVE PLANT SOCIE'T'Y OF TEXAS P.O. Box 891 r,eorgetown, TX 78627 .2)863.9685 Decenber 19, 1997 Ms. tray WlD-th Planning 6 Development Departaent City of Denton, City Hall West 221 N. Elm Denton T% 7620E Dear Ms. McUth; I Revising the City of Denton Lendscaping ordinance provides challenges And opportunities for iaprowmnt to our city. Areas of•concern, on balulf of the Denton Trinity Forks Chapter of the Native Plant Society of Texas (t.PSoT), are offered for copsideration to this revision. A. Encourage protecting existing native plants on property that is scheduled for constrvctLon activity, Not only does this practice preserve , years of grouch, provide ■ natural prevention of soil erosion, but conserves extra wtRr required to eatablish,replacement plants. Ih B. .Encourasce planting plants that are native to Denton. Texas has eleven specific vegetational eocrs, with plants indigenous to each :one. To raximiee the becaEita of planting restive plants, w suggest a Plant List specifically applicable to the Denton area. 1. These native plants are adapted to elinte, soil, best, cold, roisture and drought conditions of this arts and have a higher rate of survival. Feter dead plants provides a ( rnre "S:mtically pleasing city eavirgm-enty and economically, requires fewer plant-catitoring hours by city staff. 2. These native plantssuffer fevr diseases and pests tban nonrouives, resulting in the demand for fewer chemicals and pesticides sr_eded to nintain the landscape. 3. After a tw-year tire-frara, these (newly-installed) native plants require Its$ weer, thus conserving Denton's Water supply. With proof that native plants survive best,in thsir,nativa habitat, require less Ater, attract fever diseases and pests, dera d no ehericals or pesticides, reod,adniman nintenance, and saw tax dollars spent on city code enforcement, ve suggest that a tinimm of-seventy-fin X15) percent of the trees and shrubs installed per Denton La dsay Ord ranee, be plants rox f ally nat Je to Denton. I ,n As a statewide society, was recognits tut to implement these guidelines requires the expertise • of a licensed landscape architect Who is cognizant of these Texas native plant attributes,and Who corprebends the city, county, state, national and glcbsl significance of their application. We of the Denton Trinity.FOrks Chapter of MOT ate anxious to Work with you as a resource to your department.' Cur railing address is: 18SOT, PODx 424891, Denton TR 76204. I'm available by Eh/fm at 940-382-9344. • R .t Ull!"e.. • , Dorothy Thetford, Choi , Progrart/Edwldatton Cencla: Article, "Pi identical t4ezo G1L for Crean r landscaping, Nstiw Plant Use by 19%1" Article, ,Texas Dept of ACrieultut'e Introdutes thtivtkapa Certification td Enr o:aaji Landscaping With Texas Native Plants" SECTION 15 Page 14 i 32x ❑ Volume 1.Na 2,Spring. 1994- An FHWA Quarterly Newsletter for Roadsides Decision-Makers �y�(+�7� *��' , /'r �� � oped by November 1994. ' J. i�l'a711J� 1V1Emo CAlds FOR • Issue the guidance by April 1995. GREENER LANDSCA.PING shall the extent practicable, agencies shalE inwrporote this guidance into their landscaping programs and Native Plant Use by 19961 • practices by February 1996' In addition,the Federal Environ• men*ai Eeernrive will establish annual Following his Earth Day address, Environmental Protection Agency to awards to tecognL•e outstanding land- President Clinton signed a memorandum coordinate Interagency work groups,pro- scaping efforts of agencies and Individual on April 26. 1994,directing Federal vide guidance to agencies, monitor effec• employees.Agencies are encouraged to agencies to improve landscaping pray hotness,coordinate training, and ensure recognL^e exceptional performance in (ices for Federal grounds, Federal proj• govemment•wide compliance and suc• the implementation of this directive ects,and federally funded projects.The cem with environmental initiatives. through their awards programs. memorandum directs more envirortmen• To assist agencies in implementing To enhance landscaping options and tally and economically beneficial land- the landscaping memorandum,the awareness, the Department of Agricult- scaping whtrever Federal dollars are Federal Environmental Executive will ure will conduct research on the suitabil- sicnt.The memorandum, motivated by take the following actions: ity,propagation,and use of native plants /4'e fiep�rt of the Nanora Per formance for Iwidscaping•The Department will { uw led by Vice President Gore,is • Establish an.nteragency working make the resula of this r ch avail-11 Ltended to encourage Federal agencies group to develop recommendations able to other agencies and the public* to lead by example.It was drawn from for guidance, including compliance Agencies will advise the Federal the work of an Interagency task force of the NEPA..,and training needs Environmental Executive by April 1996 and reviewed by all agencies,including to implement this directive, The of their progress to Implementing the the U.S.Department of Transportation. recommendations are to be level- , directive. Agencies are asked to implement the � � memorandum in the following ways: • Use regionally native plants for landscaping. usC, c:pr-,.,.e czrin. .. tion practices that minim Le~ adverse effects on the natural Q habitat. • Seek to prevent 1xollution by, among other things, reducing fertil• 1 uer and pesticide use, using Inte• M , grated pat management techniques,recycling gr6en waste, and minlrncing runoff. . • Implement water-efficient prac• tices. such as use of mulches and efficient Irrigation systems. f • Create outdoor demonstrations '• incorporating native plane,as well l as pollution prevention and water conservation techn?ques. A Federal Environmental Executive �f j position has been created within the SECTION 15 Page 15 I r, 3 2 1 ❑ r7 c (cy f1e,- Society of Texas %Ews" —=a� r1o�/Dec 1997ak_ . � 11 ��.'1 Intr'o(fuces \atil'eSe:1�1e Tc`''sr''nllscs d_fincJ ,s`as,ccicsofplantorpla I'll from 1 CerIifIC.It10r1 'IO I.11C0i1rI1ge Flrcn .rr,crblchisc:ncrallyrc:ngnircdlobCindigcnous chc s ;rc of Tc,as 14,111(j 5l'i1 t 1111 o Kal:\cs l naud: 171Lrcrs. shrubs, trees, Eround Z., ��rlt�l IE':AaS C�"•Crs and Er:ssc> Itll'e I��;I11tS PocsoIr;csa,cals,ata113S1C :hlough the Natire Tcv9s the Nacicnal 51'dd1ife Research lsccr 11 CC " 0S IJ 7. ofLnnds:apcComra;lors. A r, I',is L „!c iTu.a�l,rs s^s� ca macs 7hclrceo pro�idescrs' :ndcd for 'acharcaortheslatc fzrn cn sc1;.1100, lan Is'3P'n r :s o r I. r E an d manse• (r fs..r f \rl• rlll"cs mus' bcproperl} sciccted So FI I t) 5, andci:malccond,llo nsina " " r„Ilr,C c s I •', s f '�'.:�: �i cr 4'.c 5 �.c ” Fcrn said "T'hcn !olM;s will ` •.s l II s 7h r. .rscn r L : b_•r-( s c' O:+Ic•pcsls and dlsaa;es and less slater L"I 'ral s .L'r L r 11 : li r1 I5f pO.dTC� , rl'r:c r d c'I: r; N , r rce s cr:d b 7DA sill be a,sardcd an 8x10• dcslEnaling the location as an t c^ MITE\f,; CP,OC1Nacivc5capc 7hcheasg i t I s s ` r.;G na f r = G:wl O,r'S!:m can be caslly applied to any. _I cvcmlh::c s. ' .,h scrh:c cc[ ' S1 h:.:nc pard':cs .. 71'.: `.rnc�; r+ = ''GF laic drspla}s TUA's green ^:r T EI.15 G .01,\ 1:Eo s�ith the naticc Texas LI r l t.1; Ilnrds This arca is Landscaped rlLc 7cva5 p!ansgroun in Tetas with t'� L' f v•, l in p;anleng a Nali%6capc should re�45 U rs I-'. f.:r }r "ticvl'ural h'ar}etin: II E Brent r' ' u '' for an applr:a!ion, a brochure � r r . 'cr hs1 �hc the sire Is landscaped, the sl I ' he s'.j nli(red slilh a no n•rcfundabLe rvy �1/J' Pt 1 :IA C. 5,t= irty4 r�ln r � Y ��•t hl tl,r A'mnr /'1rtnr.Soneh of i 1 ' ! :.ii 1L 1^ri U:1r ai IC rC.ILL 1 r /ti r,l„ld. ll'Rflfr,40nCf N rIf flrj!to !� Ino:�'ntdfnryAnrehc('enj, rr r,• ;. rrn.Su'n t / „r 7M :•,r , �. .Sc,lt C'ooksfr, aml n, 1),C.4 Auld I SECTION 15 Page 16 jtff4jK.I Sim 4 � ; 7T is«_n •rtierrlE;; t w ' _, i' � �,2 � ° r a ' t I- .� •� Y 1E t I .-nJ l d rr,�. I , 4 r :"- i i I �Z r ,+ t • 'Lr :r 0 , . lip •. �� '.I � •A '" 1 M1�. 1 � 4 1 ' �', l M1 • t • r I t r f • r,. r t t 1 I A { I 1 . n fit, r 11 Denton Landscape Ordinance re-write suggestions, C ' G. Owen Yost, consulting Landscape Architect t.Preserve and adequately protect(during construction)all exbtir 8 trees over 1"caliper,unless removal is on approved Landscape Plant i 2 r Denote native plant on the ordinance's plant list and encourage their we. I y c � . 3.Require maintenance In an environments2y.sound and energy conserving manner. E 44 Require a working irrigation system,except for sx6&4 vegettion/trea ) Y c S,Have two erases of protected trees: 6"for canopy trees and 2"for understory trees, ; 6.A Planned Development detailed plan should be at least as regulatory as the ordinance, 7.Removed,protected trees should be replaced(over d<above the usual requirement)oonsidedng caliper E size of the removed trees. B.Encourage preservation and enlurtcerrent ofnadve vegettion In transportation oocidon. (not just 1.33) 9.Encourage sidewalks that adhere to city construction standards,but preserve existing vegetation,too. i 10.When a paridng lot or buMi ng is enlarged,bring the entire project Into landscape ooMpli mee. / r 1 1. Encourage flexibility and creativity in design by(for example)Alternative Landscape plans. (Approval by staff not Paz) I 12.Permit no deviation from an approved landscape plan 13.Require that landscape plans be sealed by an appropriate professional 14. Simplic ity and uniformity of application I 404 1 rt• � I , 1 a; SECTION 15 page 17 k V 2x10 Ir 1e 1 ; w. ��ft� • • RECEiVEt; JAN 2 5 1999 ... _ __.PLANNING b'DEVFLOPMENl D P„°TM, NT Zo 7. • l . . . _ G ..�.o�- - -. SECTION 15 Page IB ?s 0 32XIa r o - — C _ � - - - _ • __�_. SECTION 15 Page 14 ,r �S � lo 32XIO r wore" t 1 t" flt",r tn4.. USING BENEFi"r/COST ANALYSIS TO MANAGE AN URBAN FOREST A STUDY OF THE ECONOMIC ' IMPACT OF FORT WORTHS , 1 URBAN FOREST + H a °z �t v a a a N 0 µ 26 10 32XIEJ I R 1 PURPOSE INSTILL A HEIGHTENED APPRECIA TIONABOUT FORT WORTHS URBAN FORESTAND N THE SERVICES PROVIDED BY y TREES M AXIMIZE TH05E a BENEFITS INTO THE FUTURE N L r' 0 I y a 4 TREE BENEFITS ■ IMPROVED AIR QUALITY m CARBON - SEQUESTRATION ■ ENERGY CONSERVATION ■ REDUCED STORMWATER RUNOFF ■ APPRAISED VALUE AQ6 y M H H 7 l!r b b N N U 32xlCl lrr �.- �'.� >, � I'�° t rl d.S 4 Y1 '; I ,e1 y a' r ;. } -1 i,..�'An � q 7 4'ay,ni y a4 ::'� � " "• cif ,x C t r 5 r i ry as iij. � CSIfa � ',- t�F� l q n 1 Or 1 1. I r' s � R x r ' I Lr i r i 4 1 I w.+..wcw.w..wn.A+awwwav......wr..�+..L...._,r...._..� _•.___._ . . _._ ,,... ...» ..,...�_................ TREE COSTS } ■ URBAN FOREST MANAGEMENT ■ LINE CLEARANCE ■ INFRASTUCTURE DAMAGE ■ SETTLEMENT OF LEGAL DISPUTES f r , � r �I i I X11. Ln ro w w , N I , r r r 1� t r 1. rf Y� } YI r r I Y v} � f 1 �� 1 YS'� f• y r � r }�.�YI.�� +� ��OIYW►R4M1MlIXF.1��www tir.�nw.w�.++.....� _�,.� ._ . .,. DATA COLLECTION ■ INVENTORY ■ COMMUNITY INPUT . DECISION MAKER SURVEY COMMUNITY NEEDS SURVEY PUBLIC MEETINGS a �a m r.+ SX � .J 32XII ' p , • 't SAMPLE INVENTORY PROCEDURE ■ RANDOM SAMPLE DESIGNED TO PROVIDE A 95% CONFIDENCE CE FACTOR PLUS OR MINUS 5% ■ LOCATION TYPES - STREET, YARD, PARK/TRANSPORTATION CORRIDOR, INSTITUTIONAL, VACANT/WILD AND • COMMERCIAL/INDUSTRIAL ■ A NUMBER OF i/10TH ACRE PLOTS WERE SURVEYED TO COLLECT DATA FOR 280 y* z TREES PER LOCATION TYPE ' b a N 11 ) j) '32 X 1 ^+W I O i y ;�,v ah } =.:fiei�:sM/';AST,thx"+K•tklW'C ' ^-4'.@;�L�N�aLe:'!F„anwV<Annttr�e'.r.on., oe,vv 1 I COMMUNITY INPUT DECISION MAKER BELIEFS ■ THE GREATEST CHALLENGES ARE MAINTENANCE, EDUCATION AND FUNDING ■ THE BEST WAY TO SOLVE THESE CHALLENGES ARE THROUGH EDUCATION, PLANNING AND FUNDING ■ INFORMATION THAT IS QUANTIFIED IN DOLLARS AND CENTS WOULD BE USEFUL TO DECISION- MAKERS 0 zz b 1 !.1 ON 32 !C o t J /'.loom r ` ■ 1 1 i tl .,. '.J. •.. '.Ai'.Yn;,::1 Kr -«+^;ftlMYl' Y M:PV':FtN..i KT,YrrA,n4+W`.Rrf..i :.nvr.. Fw.'e t.r.r'r. rr..u....,r.... COMMUNI Y INPUT COMMUNITY NEEDS SURVEY ■ 78% OF RESPONDENTS DESCRIBE FORT WORTH'S URBAN FOREST AS ATTACTIVE ■ OVERALL, COMMERCIAL PROPERTIES ARE PRECIEVED AS NEEDING MORE TREES FOLLOWED BY PUBLIC PROPERTIES ■ RESPONDENTS INDICATED THAT TREE • PROGRAM FUNDS SHOULD BE n CONCENTRATED ON PLANTING PUBLIC ny H TREES w 32 x a w N J I r i f I n r'•'!_{ 91" f f '•' r.... ::1w nVa i V i w! r -. ni nrr r r n n ., r, ,.rl rV .14 a.. . e::.+. (r Yy 1'' . . . 5. ; 4„vl,^C.l^ r. .�• r F; „ .. ,..,.. COMMUNITY INPUT PUBLIC MEETINGS ' ■ PARTICIPANTS IDENTIFIED QUALITY OF LIFE ELEMENTS, WILDLIFE HABITAT, REDUCED ENERGY COST AND RECREATIONAL OPPORTUNITIES AS BEST FEATURES OF THE URBAN FOREST • ■ IMPROVEMENTS NEEDED ARE MORE TREES AND NATIVE HABITAT, BETTER M MANAGEMENT AND STEWARDSHIP AND o MORE URBAN FOREST EDUCATION ' ro a �n 1 r r, I INVENTORY RESULTS I ■ ESTIMA TED TOTAL NUMBER OF TREES 4. 7 MILLION ■ AVERAGE 1 CANOPY COVER - 24% { STREET 13 % PARK 39% • YARD S9% � �I VACANT 20% 1 COMMERCIAL 7% INSTITUTIONAL /o o ' 7 ro � a N i 32x1 ❑ Fj' l F I ■ ` 1 ' Y I INVENTORY RESULTS (CONTINUED) e ESTIMATED ANNUAL BENEFITS FROM TREES $77 MILLION ■ BENEFIT PERCENTAGES AIR QUALITY 1 . 23% CARBON 033% STORMWATER 18 . 62% ti ENERGY 79A2% z ro a a w 0 32XIQ O ■ INVENTORY RESULTS (CONTINUED) ■ TOTAL ESTIMATED ACCUMULATED BENEFITS $14 BILLION ■ ALMOST ALL OF THE ACCUMULATED BENEFITS ARE DERIVED FROM • APPRAISED TREE VALUE ■ CARBON STORAGE ESTIMATED AT • $25 MILLION • O z ei u+ , ro a n W 32 X (� a f ■ l BENEFIT/COST ANALYSIS ■ TOTAL ESTIMATED COSTS FOR TREE CARE $8 . 5 MILLION ■ BEN EFIT/COST RATIOS STREET 132 TO 1 w PARK 28 . 29 TO 1 YARD 9 .42 TO 1 N VACANT 8971 TO 1 COMMERCIAL 9 .42 TO 1 N ro W INSTITUTIONAL 27 . 60 TO 1 N - 7S , to 32xIE) �' 4 •� I r t l� �:1 I. I M1 RECOMMENDATIONS ■ SYSTEMATIC TREE MAINTENANCE ■ PLANT TREES IN AREAS WITH LOW PER TREE COST ■ PLANT TREES IN AREAS WITH HIGH BENEFIT TO COST RATIOS • ■ SELECT AND LOCATE TREES TO N MAXIMIZE BENEFITS M H I • z • Y ro w � r w w 3 • O I I I I arrera I >P ,..- , - ' 4\^A E✓u.Yt+,:y, g ? 4, i-^;•.h ;�aswa�+..°^^� ,^�..r ;�.n;.rr. ,+. _ � .2,.,,- . .. .� ._.._ ...�_..... ... .. ..._ .. ,( . i" h.Y 1,+911"r• ! "4bf,Y[��nebir.fn,h a... rr.-...+.., ,..r RECOMMENDATIONS - (CONTINUED) r • CONSERVE AND MAINTAIN EXISTING TREES • CONSERVE GREENSPACES • IMPLEMENT A COMPLETE INVENTORY OF PUBLIC TREES • CREATE A MASTER PARK AND STREET TREE PLAN � H z ■ DEVELOP AND IMPLEMENT A PUBLIC a EDUCATION PROGRAM a w a J �1�����1��t 1�IL�1�1L1�� Ll�l�l❑ �1 Phone ( i CALLER INFO: Name /V 901611t4 Organization Address Phone ` DISCUSSION NOTES: � � �/�� � .�► iYls� � lalfi ♦ate iil.aSl f1/ .�A �.� �.\/ �V .� • l � �\ w• Gam✓ � J iII �lr r;•JI \ � �t►� I •� 1 I f�'L ILr :79� Y� �� . sl �i► Ji1 . ZiA .L i� �sii�i -.1 •� / la- �!. 1� Two %Gtr 1 //► [/ice a' :.• fir_ ,�i� .tG v lid • � ��•�� I� �.�.ri G: wi �..:at �s i � •' .�G is /. _ '�� J U,— �• •�.� d' % .I�► rte_r i:. . � r �r_� r.: .rim _ r. L t' Yt<r^ .Fih rY r. c i e G. Owen Yost `^ Landscape Architect •4916 Goyofd Point Nntan,TX 76208 ' •940.382.2099(PACrWH4 840.3834669(voles) March 8, 1998 City Council members Denton,Texas Greetings, For some time I have been following the meanderings of the proposed landscape ordinance.I have also been offering comments u they affect 1.my current clients,and 2.the general development climate, Generally, I wish to congratulate the staff on their fine efforts,and point out that the proposed landscape regulations(with a few exceptions)are extremely fair, equitable and grounded in today's reality. Before getting into specifics, however,allow me to point out a few general items that—as a licensed landscape architect—are obvious to me,but may be foreign to those not in this profession. L The vast majority of cities In the country(804i perhaps)regulate landscaping in some manner. 2. The current ordinance is pot'1fN10'.It Is a myth that the proposed ordinance somehow 'doubles' the criteria, a Landscaping is a @health,education,welfare'matter due to a plant's ability to lessen air and water pollution,convert carbon•dioxdde to oxygen,hold roll In place (preventing erosion), promote medical and psychological health,conserve energy,and cool the environment.Plants just so happen to look good while doing all these things. 4. Automatic Irrigation is an absolute nacessity in Texas(particularly for non-residential uses)for all new plantings(even newlyplanted native plants need It for the first 2 or 8 years). Simply'encoursene its use does no good(4aitAm the pork dedleationpoliq•): Generally, the proposed ordinance is quite good,but I wish to oorranent on sertsln speblAcs that could benefit from revision.These 1 have etted by section number according to the Feb. 24thdraft: e 81.8 requires more explicit definitions of'dsvelopment'and'outdoor storage arts' t0 S avoid legal problems in the future. i, e I strongly suggest solid,opaque screening of all slur of parking lots,especlelly on i Q • corridors. SECTIO`i 15 Page 36 , I5 „ 32XIO MORAL I :Ilk y, 0 1 S YOeeeOa •I , J 0 Temporary parking of vehicles for sale should be specifically excluded from the screening f standard (perhaps more trees and no screening hedges would wort In this situation). i • The bufferyard standards(31.1,9,b)are totally Confusing end undecipherable, even by professionals. As you know,the Tree Board(of which 1 am a member)has agreed to make recommendations regarding nom.nated'Monarch'trees. We oleo support the '"6 17694' standard recommended at the last public hearing. The nomination should be allowed prior to platting to avoid clerx-cutting. The'artificial lot'provision seerns an excellent way to promote fairness. I would recommend,however,an explicit prohibition against temporary parking and storage etc. Also,the Landscppe Ran should delineate what's currently on the artificial lot,since whatever's then a has to remain there,and could be inspected by the city. s Shrubs have unique growth habits; its unprofessional to put all species Sd apart. (Certoin species should, when responalblyplanW, be about 4 ft.apart - others 0/001 apart) I suggest the word'solid*instead of 24' apart. (81-7, 1) e 31.1, 1,b, allows whatevees next to a parking lot to Count as plantings inside a parking lot.(What dus meant) 8_•8, 1 does not protect Inhere ntlyamall trees (like redbuds and plums),or encourage their planting. (Can two 6 ft..taii "small'trees a one 8 in.caliper tres7) e The'Urnit of Clearing&Orading"as explained in 8143, g, should clearly be the only area in which to dumper store soil. As it reads,We OK to dispose of polsonous liquids,clean I equipment, store materials, and parkyebicles outside of the Limit,of Clearing& Grading (except under a protected tree). e According to 81.6, 6,b,the Director of Pisnni ng has the sole authority to decide where - certain trees are planted.Perhaps there should be some oversight Fy citizens. , To save applicant's money,foster goodwill,save enforcement time on the part of staff, and achieve distinctive landscape designs,all landscape plans (31.9)oughtto be designed by a qualified professional who Is registered or certified in tho subject•PEOPLE WHO KNOW WHAT THEY'RE DOINO.Also,inspectors should be qualified and knowledgeable—able to provide reasonable,legal and realistic alternatives to citizens. If not, even tine best ordinance isn't worth the paper k's printed on. • As always, I'd welcome the opportunity to ppg•DrCt1Yl3Y(A key word)work with the st.tY to make the proposed ordinance even better, Cordially, • 0.Owen Yost,ASLd • Landscape Architect SECTION 15 Page 37 32 x D i; mnraass 1 \: 4 LIZ, Chapter 1. Tree Conservation: The Next Emerging Environmental Issue No ehade tree?Blaine not thtswt,bur yourself, —Ancient Chlntsc Proverb IE i Protecting trees has become one of the hottest local process every step of the way from subdivision plans to planning and environmental issues.The headlines from site design through construction to long-term newspaper reports and magazine articles tell the story maintenance. and give a sense of the scope and often contentious Activity at the regional and state levels has also nature of the new movement:"Council Ramrods Tree Intensified.Oregon's comprehensive state land-use law Law';"Neighbors Seeking To Better Their Lot Are Often contains se teral specific goals requiring local Up a Tree"; "Builders Turn Over Ne,.%-Leal On Trees"; goverr..,ants to adopt tree and vegetation protection "Utility Meal-;and "Building In The Green" The measures,and land-use conservation advocates have i National Association of Home Builders reports that, been using the-courts to enforce those provisions when l based on the number of calls and Inquiries it is receiving necessary. In 1991,the State of Maryland enacted the { from its members, local tree protection has become one country's first "tree bill" with extensive provisions of the most Important local land-use planning issues. requiring forest preservation and reforestat on on both "Tree and woodlind preservation appear; to be the next private and public lands.With a Coal of"no net loss" of emerging environmental issue,"according to Debra trees,it re uires that any development greater than a Bassert,a senior planner for NAHB. specified size must preserve a set percentage of trees on Surreys conducted in the early and mid-19801 the property.And the law creating the Now Jersey revealed that relatively few communities had adopted pinelar.ds Commission,which Is<har ed with pro. regulations to protect trees on private property.For tectin a large sensitive environmental area In southern example,a national study pubi 'shed In 1994 by the Nrwtoisey,requires all local governments In the district University of Pennsylvania Identified fewer than 100 to enact ordinances that go beyond protecting tree protection ordinances,with the bulk being in individual trees and to focus on vegetation protection, communities In Florida and California!Similarly,a 1986, including rare plant species,during land clearance, survey of urban forestry programs in more than 1,000 The federal ggovernment has also become a more communities conducted by Michigan State University visible player.In addition toMghlycelebrated disputes, found that only 13 percent had tree preservation such as those Involving the spotted owl and clear ordinances that placed restrictions on the cutting of trees cutting on public lands,particularly In the Northwest, on private property?Howevee,a more recent 1969 new Initiatives like the Urban and Communfty,Forestry survey of all Incorporated cities in California turned up Program contained in the 1990 federal farm legislation 159 city tree ordinances,of which over halt contalned provide technical assistance and significant funds to tree protection provisions.Tree protection laws have stales on a per capita basis for developing tree plans and been sprouting rapidly elsewhere throughout the setting up urban forestry advisory councils.The nation,with many in Heartland states like Illinois, legislation alsoestablished a NationatTree Trust to Texas,Missouri,and others. support volunteer local tree planting efforts. Importantly,this current generation of regulations is Even President Bush got Into the picture.Not satisfied Q Irlmmsingly stringent and sophisticated, No longer with spotlighting the need for planting more trees and k satislied with saving only publicly owned street trees or protectingexisting forests In his 1989 State of the Union " p / large specimen trees on private property,these new Message,he lectured a large gathering of home builders l r,gulitory regimes often require protection of smaller about the need to save trees during the development trees rr large tracts of woodlands and even require off- process.Bush told thegrouphehad to"get something site rr itigation If trees are destroyed during off my chest."He complained that eI nee to many new consli uction.In practice,they affect the development suburbs that are utterly denuded of trees;ironically, SECTION I6 Page 1 j, I " the City the dL'I, tr,L ot ran 6 MQrLC,I 7 Cl Z-�5 ;%ith%,j,je t,e Lirl'i"clFt"i C h: ct,� - J c• Ifn..ciSCO. The C L 71 te c 1!1, �!,—I w CL'c r r ,,fs d s me r U t e ro t 71 L 1 7.t I t, m e i r K L' r t!",e "I Ll I I r .4 i r L rpoce of re L4 1n fu:hiJ,inrpvrson to lit A r 0 I t ♦:.i�j. v,r r w ti } e x Fre,terick Lan'Olmsted,one oflhefotdersof the city p,rrk �•�} ; tl 10 rerrrenf fell a legacy o rnagrrificent greenuays in is ldnnes like RhyrsUe,f1huors. i "girdle,break,wound,destroy,or In any manner injure' point of view.A large specimen can add thousands of trees on public or private property or "It tie or In any dollars to the cAIue of a site Sop:ri•ticoted computer manner fasten a horse or horses to ally cf the trees'on modeliinr techniques(sea Apperdi,At are also helping Any public$rounds.,Oddly,sviiiie fesv horses are t,%iay to demonstrate the other economic benefits of trees to seen in Washington,D.C.,the horse-m,teninh the public in terms of rcdua+i enemy costs,pollufion prohibition is still on the booky, perhop,refteoin�the control,art the like presence of other less attroctis e equine,pccies in our Tronicallr, just as".,rie,l began to better appreciate nation's capital. the full gal::e of pr.-serving lreu•,they came under CToday, the passion for trees,u mb mor, dteplk held renewocl o saint term a t ,,ictp qu xttrs. Road- hall ever,no doubt because peop'c atcrra.intily widening and hi;,hs+++ proiecb in AI +t accom• recognize the environmental,aesthetic,And economic mo,ia tiny,the btirgeoo lo,4 gna+th,of lnRic in tht_s benefits trees bring with them. Whily the early,Moire country h,x e been a ma;or culprit, %spun,out rows of tree protection legislation dcmonstrmvs that uur trees to make stay forr the auto, K,Ltori in john Stilgoe arnestors had a keen appreciation of the ecological role argues th,a the mossiye Io,M1„f tree, in the early of trees in protecting against tloud.and other hventieth cvntury to W,0-tt iden1.n,g efforts and utility environmental disasters,our knoMvdge has been projects in American citie.u,e o najar factor In urban refined and ecpanded in recent year.. Today tee know decline And the subsequoa tligld of the middleelass to much more about the cleansing effect that trees 11,1%It on lhesuburbs where derulrperr promotetii green and polluted air And the critical role they s+ill phi in bucolic en+irans' forestalling global warming.We harr laaruc i more If and thing, the rene+ved ware of road building that about the ability of trees to reduce the heat-istand effect began!n the 19xts and has continued virtually unabated in cities and thus reduce energy costs We here come to to the present has Isci to a more nmssire destruction of Appreciate the benefits to wildlife of preserving their trees,particularly!n std•urb.nm<ovi unities where the " forested habitats.(Benefits of Irees are discusa,%l in bulk of pop,dation and cornnrcr,iol growth has greater detail in Chapter 2.) occurred 'Modern"subdn isloii Romiards requiring The aesthetic value of trees as well As their Important oversized streets, water,sewer,and power tim! effect on our physical health Are additional reasons+thy construction,And questionable land•cte.wriu communities are demanding more sensitlrit.% to their technlques for massive projects hate all taken their toll ptotection in the development process In myriad %,-A%s, The cumulative effect has been devastating in puny from providing shade to creating deiighthil physical communities. Nationally,growth has also peen spaces,trees shape our surroundings As mud+as am' concentra!ed Along coastal areas with fragile man-made features like buildings,streets,and theh..e. e nvironn•ental wetlaadsandripari.ulzone$ that Of course,in America till of this might not be enough heretofore had t cell considered unattractive for 0 withuut an economic ratioimle,and here perliops as developr.,eot or too e,pensi%e to hui'.d on.These Areas p much As any other Area,our knowledge and Are suddenly hot,pob betouse of 11-eir alractive natural Appreciation of the value of trees is becoming more features an 1 the fact thm the. are no++ mtn the ad%anted.While savvy developershareai„ays cheA;estI,tesaround, j appreciated the "curb" appeal of Ines in residential And The statistics on loss of trees and areas like svetlAnds commercial developments,we now are more And riparian habitat thtt inyariabl} contain sensitive sophisticAted in vtluing Individual trees and hate an vegetation are discouraging.A HS7 surrey of the Increasing Amount of hard data on host much worth condition of street trees In 20cihesconducted by the trees contribute to projects from a dollirs•and•cents American Forestry Association found that urban forests Page SECTION 16 pa e 3 4 C 4 wr��y r e ,•.a:s . e t d- •-y .: :['.., Sllhlif:1L1tY�rLr, ' �, rrr ti;n1 people seek cor7 lmli?rs wiNr n;ahve 7rtr,ASCaping, ' t e so f!semrs ire+rieVial developers feet compelled to dear oul !lees nn -.fit r• . �, .�• resideh All dr rh+jvnent sites. 41 rclelmf ,fia A thirst[f the use + . r,,n e.f , d +� L t Ip+'r'tee. lull more than half due to construction activities'SimilTrf}' 1 I'e` '! i ,It ''i < <it.,r '_t, r� r„rll.^ r that t ceha t.e lost ot�erhalfoftheorigina] 221 rr, .t, I I , acres of Wetlands in the 101,ver 49 states, much of .t t ''` ' ri ie d r•'01 I �,n � I "g'liulrurel prdclice5. �095P5 cOnh nue at the rate of { l " tic, _+ i'"I to iLIO,06�0 acres Per year These Wetlands ;L .'e treed riparian habitat,montane forests,and { H, nit e .I'c • T Imargrocesu Amps . ' t 1 to nt ty f p Fit:n it is npt these Sta tic tics that S� 1' ' lil''C l ' [,.t >. spur local action, jr, i” r e thoughtless felling of a prominent tree or I.+r•! I. I. 'i toeing Ot a t Liland along T Well-traveled road, l 1 'r ` ''r i' rf 1'.,>t such an e,perience in the mid-19905.Sen'ing as i r '!ate llJ,teal p•oce,r!o I-e e 4` ti i i f rrlrr, 1c Fa;�t, a aRV14f.e'.. L7,+1� +" Lil 1 ' 1 ME A O f a member of the city council In Fredericksburg,Virginia, beginning to trickle In from the first generationof a beautiful hiss rriccommunity01 had pushed with regulations adopted overthe lastdecade or two.There others for a landscaping ordinance to ensure that new have been some successes,but just as many failures,and developments and parking lots had lots of greenery and Increasing complaints from the development for cn-situ stormwater control measures to limit runoff community that more than a few of the laws are and pollution.But the very day after the city council Inflexible and unworkable. " voted to approve a neivdevelopment along one of the At the same time,court decisions reviewing tree city's main entryways,replete with landscaping and conservation regulations arebeginning to appear.They state-of-the art underground stormwater detention offer some do's and don'ts from a IegaI perspective,an devices, my phone started ringing off the hook.in our Increasingly Important topic as new ordinances with rapture with the developer's landscaping plan and his strong controls begin to bite. Innovative stormwater control efforts,we had over. Too often,tree conservation ordinances Are copled looked the huge old oaks on the property, that had been from a community elsewhere(sometimes thousands of felled promptly upon our a proval of the project, miles away with a radically different climate)or \eedle;s to say,we learned a painful,but important duplicate em outdated model ordinance someone lesson.These incidents,unfortunate as they are,are like happened to stumble across.The danger in mlmlcking a hard slip in the face,similar to losing a historic some other city's regulations was brought home to me bullding,so often the rallying cry for preservation when I had occasion to review some tree conservation efforts. provisions adopted by a township in Pennsylvania for Indeed, the tree conservation movement Is at much another community that was considering copying them the same place that the historic preservation movement in a similar fashion.The provisions had been taken from found itself some 50 years ago when It went beyond a well-known toning reference,but,in the copying, protecting a few magnificent edifices and buildings by mistakes h+d been made that rendered the scheme's tree 3 maklrg them museums to adopting local ordinances replacement formulas unworkable.To top things off, requiring protection of privately owred structures little thought had apparently beengtven to the differing Citizens are beginning to realize that simply requiring lopographical conditions and political context.Not nice landscaping in new developments,planting street si!,prisingly,tree protection efforts aregetting mixed trees,and protecting a magnificent specimen here or reviews in some quarters. there,while important,are not enough.There is an This report is designed to help fill the gap,providing increasing recognit n of the role of trees in natural local governments,citizens,urban foresters,landscape systems In providing wildlife habitat,controlling architects,and developers with information on holy to l erosion and stormwater,and preventing water make trez protection part of the planning and poliution—in short,buildings.hat one observer has development process in a reasonable,flexible manner.It tailed an"ecological landscape,a landscape that fits the providesbockground Information on establishing the physiral environment and is able not only to survive but value of protecting trees, and a detailed examination of thrive,"I"etc reover,people have begun to realize that Important Iegal Issues to consider indrafting an protecting larger stands of trees adds greatly to the ordinance.These tips and advice are based on livabihiy of communities and that there Is a valid reason experience with existirg programs around the United for doing so. The result has been an explosion of States. It concludes with it discussionof ordinance in'tiatives to make tree proh+ction an impor xnt implementation and howsuch provisions must fit Into Consideration throughout the development g rocess—to the bigger picture of comprehensive community en:ourage developers to walk soft) and leave as few planning and environmental protect;o". An appendix to triadmarks as possible In our wows and forests. the report Includes a primeron visual assti%ment But as an Increasing number of local governments !echniques,fast btes.ming important tools to yelp ru,h to enact measures to protect trees on private communities gauge tt a impact of development as property, they find that,while there are volumes of scentc resources. literature on landscaping and many guidebooks on the The business of conserving trees!%a difficult one. Nght way to plant trees,information on tree ordinances Clearly,society cannot lust say No to development.And that really work Is sparse,' They discover there is much protecting trees Is different than protecting buildings or technical information on tree care,pruning,and the monuments—they are living otganismsand exist in a right species to plant,but little on critical legal iss•us complex ecosystem Simply protecting a few large trees they must grapple with. on a site does not guarantee their survival.In fact,such Exixting tree conservation ordir.ancesvary widely in an approach to tree conservation may fail In the long their scope and effectiveness Some alm only to gprout run if smaller specimens and undenrorles,Indeed,the large trees of a particular species,such as oaks.Others total ecosystem,are not protected.While tree ordinance 0 put a percentage o.woodlands on a site off-limits to are not st panacea for all our environmental problems, �� qdevelopment.Still others apply only to special stews, they can bean important element of an overall "smart" y suc i as along rivers or parkways.Results are just now growth plan for a community. C SECTION 16 Pane S {k ,, -�„ , ��i � l� ❑ 3 2 X I O s IT 1' IOWA= t Chapter 2. Establishing the Value of Trees The reasons for conserving trees are many and varied, Illustrated in persuasive ways,Trees can help to break indeed, they are astounding in their number and up the hard edges of buildings and walls, to unify compelling nature!For hundreds of years,a primary diverse architectural elements,to create delightful value of trees has been visual beauty,in olden as well as formal patterns along streets,and to Improve the modern times,the mark of a livable community has appearance of a project and as entire comrrrunity in been thenumberand size of its trees.As Thoreau wrote many ways.A variety or visual assessment techniques In his Yankee fn Canada, '7o the rapid traveler,the ere available to help show what we all intuitively know number of elms in a town is the measure of its civility." about the aesthetic Impact of trees.(These arc discussed That Is it litmus test that rings true even today.But, In detaii in Appendix A.)Otherexcelient references,like Increasingly,society has begun to focus on the Henry Arnoldi Trecs irr Uriaun Desigi,r provide detailed environmental values of trees as well.The Dust Bowl discussions of the aesthetic and design benefits of trees. daps of the 1930%were a rude awakening to many,and people responded by planting thousands of trees to Scale'Lhability ' control soil erosion.Since then,scientific research has As tall buildings come to ever more dominate our established an ever.svidentng circle of environmental communities,even in smaller towns,trees play an benefits ranging from controlling air pollution to Increasingly Important role in"shrinking"the city.They moderating climate.Now,more sophisticated do this by' reduci rg the distortions of height and space communities and citizens are recognizing the economic created by big off ce buildings,apartments,and other benefits of trees In establishinga positive community large structures.'rhey make the scale more human. image that can be important in attracting new Trees also make our communities more livable in a businesses,In improving real estate value;,and saving very tangible way.Increasingly,people realize that huge sums of money on everything from energy costs to street trees are more Ihan)ust thingsof beauty; they help water supply. forma protective physical and psychological barrier A critical step in setting upan effectivelocal tree between pedestrians and traffic, Protection program is identifying the reasons for Trees also reduce the impact of wind.An Intriguing preservation and establishing the values—aesthetic, example comes from the fine book,The GnurdeGarden environmental,art economic--of tree conservation. Author Anne Spires details a case study of a high-rise Such knowledge and Information can help both apartment complex for the elderly that had sucha politically In marshalling support for protecting these serious wind problem at its entryway that residents i ommunity resources and legally in establishing strong risked Injury If they ventured out when sidewalks were . s slid public purposes for any ordinance or regulations, icy.Landscape architecture students from Harvard which will In turn give them it better chance of University found a solution to the pr ,biem by planting satisfying judicial scrutiny should they be challenged. trees around parking lots and other o}cn areas to the This chapter surveys the various benefits that trees north of the building,thus reducing the force of the bring to a community,drawing on a wealth of existing wind to the point that site controls were effective, sources that are available to anyone Interested in the And,of course,trees not only help screen people and subject.'It Is not exhaustive but designed to be a stariing buildings from wind.They also help hide unsigghtlyy i point for further research and exploration. views(a key goal of 19601 era highway beautiButlon programs)and dampi.n noise from tads and streets. 0 VISUAL AND AESTHETIC VALUES This noise attenuation function,cre of grOMMS perhaps as much as anything else,trees contribute to Importance,is dlscwsed in greater detail later In this the beauty and attractiveness of our communities. chapter under environmental benefits. Imagine our streets without trees.Think ofhoweold cities would seem without trees to soften the Impact of Creating Special P(acesfSpeclal Identity tall buildings,parking lots,and the like.While most of Now,mote thin over,a focus of planning In cities and us do not often stop to thtnk of why trees are so visually towns throughout the United States is creating a dptinct Appealing,their effects can be categorized and and special Identity.With the proliferation of look-alike SECTION 16 Page 6 t - - 9S r Io 32 x � � i I c ' C s;!;ut rants,discounts!oras.arodsh°FFing ven much 151hCveounder the ascningofa street Cato n,alli,a complaint often Ca rd ft om(itizen515 that their As ahrays,they'll be cooler, too."' r._nYn hooks and feels 1,•,:everyplace else Everyone fears Of equal importance, trees can help create a civic ' :"anyplace" synd,ome,or,as rGertrude Shin said of idrntitr,The Tidal Basin cherry trees in Nashington, ! On[.land, "d'�err is no there, !hare." 1 E nnr moue s;rid;;1,,,�e been made of 11 C , tire dogwoods of Tallahassee, the giant oaks of years in improcir,;the overall quaiih oedehellonment. g hi,%i'ancf Oaks,California, the wooded hillsides oI l 'e nac e found many rays to ast, r ertr;_—ali are places made more memorahle because of n•,ore q•.ieslions of !ryas, >• me planed b m.tn's hand, man , dt cel..�p me n! ' y yr, turts gift. Feoiecl FtoF'on.;,t5and too force I'nent to be :15 are observer has written, "Clue care for trees in our rn_•:e 5envtikc to natural resources and emironmen!al rnce;ns 1'e e tel n h ral re Conln%lrities i-.a r6C0ionof our wre for the gains,many people are emironmeotatI—SeAwell-groomed urban forest s'- ins if�.e are making;our cities and our Countryside rerle;ts the community's insight, self-esteem,and e!te'r}laces is urhich to Iii e As former FlOrlda ,r,:nnrnentrin.ricinll'icte�rnTc(1 .,;,FeI it it, grnci"us°e's 'GreenCities'areunselfishFlaces,'yalue- p'• lido ed' zones and superior Flaces to live and work ;Fct.t-c con Fr,d•abl) t..` . (ara r .;;iom Tree:rnake sense—a sense of pride,a sense of rn ., : I (� teu ed -,",unity And a yer y memor c . !'r.� i st '�°c t.•t, ro,,h. P,r " ) able sense of the unique ,• ;t..ed, Imr.-iburet; a. ,,nawbea F''• '-"'e''e ,Wted."'As will bedi5cussedlater, that rr ri:r p;,;e to n r in t�'e 6ne t.i Cr.de as spec:'I sense of place that trees Carl help creata is F nti in,, is ti, g.rin; to be uossf F', 'e er not' m.rea,tn•w being into dolly yr„ b b rs and cents for of,.Fr 11.15 slate IF.e lava!econetnby s,n'v 'communities- ini he.v.ec r e y Y po: ctrh v �cirrr rbu' r:ili we I Fcgla.l6�l.,c 6,re' E.A•1•IROSNIEYfAL VALUES Irescanhedpn;,,F,e the d,rreren;e inbui!dir Spec lat O'-rintultion tells usof the acsthr tic valuesof trees . LI in a o:,rnmunity and a ,T.,•cia: id,n;i;�, s The•a values are hard to quantify.'fhey seem "soft' in save rrays and are not the kind of hard evidence that a rr, orrisrn<r,rtei,i,j e,nerate <�_ i,' }I ,zesint la ,cerli}CStoearryir,Iobotlleoreranordinaneeor it IhhC.". �tr ,ri { 5t'ee C41 j"" Fi'. le: e "e; in the ' , tdr.rr., nh,lt,r.l .ur�,:.,. �e rr r1. .. ;i,,n: Not !Lata tree prdseryetlonordirance I�js. r.'�•� 7r i `"I �� inotst: dcnaes!f•,e!icgroundsalone—there is otter ere eafrc4rs L',�.rbtt ,tin ;poet luri5,!lCtions it ,,,,IIJ But. ;.,„ , ;r ng1s,there i5 saentIc documentation of the e .a Let 1.11, r ,, s; I1?Il am e- , n e,dal be•n0fiL of trees that can complement 1 c _c;l o i4 qr +.'r _!i; vehies in makirg the vas,•for Irve conservation t. .. m h r : f :;":r urban ' r have Soil Lrosion and Rater pollution Contro] i t � LirNct t lilri etl c'rr , ir,;asr'p',t li9'!IS, h America forgot Borne of the hard lesson, tun I rred in the 1970s about the value of car loos o.. n t•' r 1.,l d n ,. ,t: 1 71 r nn i._cs n sl and windbreaks it controllins soil eros!on. d — Ftn..:t :1, fe lice forming practices adopted at the urging rill It lioxoth the t i 'v `�f:, is to ughs of l rers irrCr sOrartlkrafe, u•akhfng Pow y'r, I,. F • � ice^ f6;. y, io Fri'rg n;,vr;errb c�prare to �r.'�r. r,rettrereisehc( i,cdry. F.0 ,1IN' 16 Pa Ye 7 1 I I la/SiW ht ' , li t � TresrmlNahlretheann nrout11 creeks 1,Y ulding foil ll'Ir%1 their roof}. a Sl'rntrl�$101 rllllCl tJ II}Carl "air N*��,}� � )'• ��} � Y Ile'yehntirnfeorre,4rct tAinanlJJrOosdy Y%twD ?: she to•meeruf"svhltlalls ea,frunnn'rdnlprvElnn}. 1.�`a�lr',' �'� 4• �r i.�" �'• of the US.Secretary of Agriculture led to the snuff from construction sites.Indu}trial facilities, destruction of miles of these thin green lines across the F.rMng oats, and the like'Import+ratty,natural Midwest and f loins States.Not surprisingly,soil erosion t:".statue buffero are high on the hst of Cos t•effectIve by%rind and water action tegan to Increase almost r.;lotion control techniques recommended by the EPA. immediately In some places. Finds were ruined im Sullies grew,and streams and ricers doerioroted as silt Air roliution ard more po!lutants poured in,5tudivsofdeflectionof Incrc.isintily. air putlutinne,pert+ ore recognizing that kind by trees sholy that windbreaks perpendicular to r.e,can play a critical rdc in the national clean air prevailing syinds mot, reduce wind speed hvo to five mpakgn. For ev,mple,rvscarchcrs A the Lawrence limes the height of the tallest trees in from of the barrier Krkeles Laboratory identified three hs'ays to Cut dOlvn and for distancesof 30 to 40 times on the leeward side, carbon diusidc pollution in our nation's citias: reduce Trees heip reduce soil erosion by not only providing n.:to vmissiona, improe clectrical supply,and increase windbreaks but elsoby slot%hig the surface moyvment tl•e number of trees II•aca>ing the number Of trees WAS of water and stabilizing the soil%Null their roots and bs far the cheapest option' fallen leases.Forestland produces about 50 tons of Trce-act in two major trays to improve air quality. sediment per square mile every year,farmland 1,0011 to font,they remove carbon d ioshte and other pollutant :0,000 tons;and land stripped for construction,25,1101 to gases from theair during photosynthesis and then 50,000 tons. Based on these sorts of statistics,and rleasc owgen,k lhich helps dilute pollutant evidence of an alarming decline In the Itc,tldl of the c,mcemroiions further.lloreocer,b% lowering Chesapeake Bay,the State of MarvLmd recently enacted temper lures, they heti,reduce the formation ofsmog, . comprehensive woodland and vegetation protection ':send,they aid In the removal of airborne particulates provisions, ll.e sand,dust, pollen,and smoke by trapping these e Moreover,trees help reduce the amount of materials on their leases.bvlg},and bronches.Trees also stormwater that will run off a site,with the potential aid in the removal of 1ir&1r1le particle}by Increasing Sayings of thousands of dollars thou would othencise humidity through transpiration, which helpi wash these have to be spent fordrainage ditches and structures, particles front the air. flood control projects,and other'•englneered"solutions Just hots•gad a job do trees do in controtling ale to stormwater management.One study by Rowan p+Notion?%%hilt the research to date is not precise, Rolyntreeof the VS. Forest Service founsl that,in Salt several Studios show inhpnssict performance,'To Lake City, in a on.-Inch rainstorm Oyer a 12-hour illustrate,in a study Of hyo streets,a street with trees period,the tree canopy of the urban forest reduced was found to have 100 to 3,01U dust particles per liter a surface runoff by about 11.3 million gallons,or 17 compared to 111,W0 to 12,DW On a street without trees— percent.' in other words,there teas four to Il4t times as much dust The U.S. Environmental Protection Agtncy has un the strevt hcidhow trees. recently recognized that,natWnmlly,nonpoint source Another dude cwrentis undenl ay in Chicago under IN-Ater pollution poses the biggest threat to water quality, the auspices of the U.S. OA tstinhates that the trees It has adopted a set of very stringent policies that that coyer about 23.2 percent of the LlnwIn Park require state and local governments to take aggressive relghburhoo.l north of the down Winn filter 4119 tons of steps to reduce pollution associated with stormwater porticulntes%,early And absorb 14 tons of carbon dioxide, SECTION 16 Paige 8 ` � Q 32x 0 p 1 1 110 Wr C M r r � s r' rrr• .r 8 .......... rr truer m f Treei make abegg Cif�erence In arrrbitrrf ldntpinrtures.Ardu tiit7r 1,We nhitatiurr fveorrrr"heal7sfarrds." E l 12.4 tons of nitrogen oxides,and 2208 tors of sulfur dioxide The project staff calculates that the lowering cooling costs up to 23 percent.When air annual Pollution abatement vaiueof Lincoln Park's urban forest pollution that the net elconomic benefits itsl10 the city ere is more than 562 5,000.10 Would be$235 million by 20301' Climate>`ioderation/Energy Conservation Based on this kind of compelling research,art One of the most significant environmental benefits of program8as partof their overall oreralleene gvrco tree Planting trees, heot 'ndarlyIn urban Areas, otucott,jrgfr the he efforts.One or the most Ambitious isrg Sacramento .ailed heatisland effect. re the thliedrawingfromthe Shade Tree Program supported by the Sacramento U.S. Tien shows urban areas xvilh little vegetation Can Municipal Utility District(SMUDW4 Beginning in 1990, t expuricnce temperatures o1 up to seven degrees higher 511UD joined with it private nonprofit organization, the that those with hem v tree curer.This can mean an Sacramento Tree foundation,to plant SM,000 shade enormous increase In energy costs to cool buildings, trees by the year 2000 at a cost of about$20 million.The A recent U.5 EPA shady un the benefits of tree tree planting rogram represents a very Important shading found that for every one degree increase In i summer temperatures, peak coolies [aids Increase component of SMUD•s larger Conservation Power About summer a tt o percent Air conditioning tol to Program,a systematic approach that cQrnbiies many compensate for the urban heat island effect amounts to elements,each as the like, energyeffidentnppliances, an estimated three to eight percent of urban electricity Shade Screens,and the like. use,costing over SI billion yearly."On a site-specific Noise Buffers basis,the study says that air-conditioning savings from An urban pollution Issue often overlooked by the strategically planted vegetation can amount to 13 to 33 experts,noise—"Invisible pollution"—Ls repeatedly percent.Another computer study of theheat Island effectIn model communities predicted that the heat cited by city dtveliersas one of themosl serious Island phenomenon could be counteracted b , the pollution problems They face.°£acessive orunwanted planting of only three trees per house.'r y sound has both physical and psychologicalelfec*ts. A number of studies have shown a uall striking lolse can come from many sources,but roads and savings for residential development.Neaten and g highways are high on'he list of Culprits,asIs the din cooling costs rep-:sent about 11 percent of the nation's from Trees can play an other similar uses.In deadening total energy use.The EPA study discussed of ho unwanted noise,Sound wS%,es art absorbed by tree's "Ouch ted that windbreaks educe fu three sides of r house In leaves,branches,and twigs and deflected by heavier South Dakota could reduce fuel Costsion o percent It branches and trunks.Now effectively they control noise 0 0 provide similar u ties, noting, information for other states is determined bya number of variables: the yPe of And communities, noting,of course,that savings mill sound Itself,the planting Involved,distance front the ra ry by climate.ea noise source,and climactic Conditions(noise travels A major research project conducted In Tucson used a farther In dry air). npu ter model to estimate the benefits of planting While research on the ability of plants to control 500,000 trees in the city some studies suggest that by,1996.The projections showed sound is semen tut limited,"a reduction of hen t IslanarmEng by three degrees, belts of tree, 100 feet wide and 45 feel high can cut I SECTION 16 Page 9 r] 32 x � Q Omni it K 1 r • A Norsr!ar ra:City t ntslr rreu a t a di<+a nCr of 90 f<el PM rtf ingr Co u i farolos mrrgrtor hrdge Noise reducfIoru S0% A � 4 Kobe xnvcrr Lowe Houser ethaust And Node whine PGmfiq Sis.fwih;LNG}0•f�fNlicknrrntfcmrihruusarutdrY6ruous Koine reducfrrrrr:l� e � NoixlourrrCrri rdrrnprrtnrnpa+aailtmrrroJSOJa+ � � � Plrtntired rctio lrralK}plantrhng Noix rrductro u: So:err.Gene W.Grey lnd Frederkk).Nuke,Udon Fonwey Vow York:JoM Wiley S nd Som IM).70,RepAnted by permlSS4on or)Aha Wiley end Sons SECTION 16 Page 10 2�; Q 32x ❑ s p tsosss,o are .. ,.- r •• .! .9f:l+:rt�i!tac -� - . r,r �.S'• +{,,,��,t 1. � a Yb.r �r ,, 4}raf r ` ..� i. , Its In FIT V4:10 v0hor atilt}•. r �ndlia•!GryiA•7 er T„r!}f�6, lww/iN h0l l{,• d Ill}uekritalccnli r,o,l ivrri�ha. r6lM',ty nui.e in h.tlt A si,dout•h: lt.tU-fun!•,ievp• e,perien a in California during drotitiht perlais mit,e.i coniferous and dreiduuu:y',tating c,m r:ducr the noise front a t,11min,q lawrrtut,er M'iU •crcent.A dcm,mslrMt1s that without a green canoe},homew,'nrn J coniferous tip r,tif"'sthenoiseofagarbagetruck Interslfn}Itreatavhh,tCal(rrtniall . ,telrthatonly \ at tA) reef by np to;it prrcenf.Gener,tlfy, trifle belts nF j roused trees are ntost Oil. , e•, four percent of the state's nuinici al era significantiyinthrirab rautsdunult•try' by fandsca d Lint±,andmrrr• p ter isamsunted thou rtrrh re'ens,ue k•taifur rear'rournd screenin• Trer � p t lhart VU percent of that F figurel+attnhtrtahletolawn:,Computermofelt1g, In nmtbinatiun with other noise barrier. such ac Willis' that uctci at the L A tense Be Vie Laboratory'predici. and berms,can he rarticularlc e(iectirt an.1 evert that fhfCrh'a(Los AngAe,would reduce Ill outdoor ' attraerite. Water usebV1i;percentbvelov lin covered bydrou•1d•tolerant tr g the acreage of Ltnd Trccu als, : cl trot"sutrnd in le,s mea5urahly t%r%s d re and reducing Vie relaeing.,,un,1 to wind b1o%o inG through twee can 'trews front 11 percent to fine perca•nt citywide. This n help nark oftensite noises.Al,o,the sound of birds and evidence suggests thal trees can sore the at i anima tsthatl»hahitlre'scanhareanimprrlantim�aa conutt unity thousands of gallon,ofr,'ategparticularlyif as can the pscchologlcal eflect that sintpt% scrcenin rote drou,cht-tolerant species replace we tier•demanding trey noise source from rietc can hate, g and lawns. Walvr Conservation 1"Idlife Habitats And Ecosystem Protection TI•,t trees can help conscn a mater ntat seem Obviously,trees provide a aide rarietu of habitats far coun!arintuirit'e to many'people,p,trtieularly In drier ,Ill sorts of birds•mammals,and other wi*mlife. But dust dirt+a let. Hotreter,!vteral studies wggest that trees hole Important are trues In this respect?One recent planted around houses to reduce erergt consam tion study"Or"Colorado estimated that while riparian can sac"indirectly huge aniounts of%rater.'•To F habltat—mast"up largely of trees,shrubs, and other illustrate, vile t r ti h ty In the s nu th Ices test to tion--constitu led only th rve percent or the sta tees f e•linwits it uses 0,6 galfons In its cooling}lowers to s land area, it was home for 70 pereentof the state's roduceone kllotratt of efettricih'robe used fur alt wildlift On the file51,19 of the coin, mounting e%idence wn,1itioning. But ore dmughbresla6+rt treecan prueide Songbird that the startling decline in the nation's "stet e a i r co nd"'o n:°,g, %,'%i n g30Arer. rattrpveytar— creeping salurba/taltiont thatlifAestrrvingtheir�rlM thrvqui%'alentofl,rcallonsof%,'atrr. _ b � f �} 1Vhilell1%henconsume water, theamounttheyustis natlnnaior �nitatlonsahke SeeAudfrt.05ocleprianr It try small 1%hen Compared to orherdomestic uses—an r National r$nn ifs Federation art ro C hat An a tree needs only 1,000gn11on5 of Water a year, backyard planting programs that offer% ring s an rban What an averege person uses In lust 10days And honteoW'ners advicero planting Trees that arc bird. SECTION 16 Page 11 - � � 32111 1 0 nraet.rse l friendly.Numerous othr.rstu dies have demonstrated While many of these studies art Incomplete or the value of trees to mammals large and small" exploratory only,increasing evidence demonstrates While wildlife habitat conservation has been a what many of us suspected all along—treesltave �Iected stepchild of land-use planning,more and Important health and related benefits. more attention is finally being pald to the subject. Although hampered by a serious lack of good data and ECONOMIC VALUES Snventories of wildlife habitat,an Increasing number of While the aesthetic,environmental,and health communities are requiring preservation of large tracts of benefits that trees provide are substantial,tree forests and open space In developments for wildlife as protection advocates must often be prepared to reduce trell as protection of migration and movement corridors those benefits to dollars-and-cents terms to persuade that provide routes for animals and birds to move from doubting legislators,developers,and others, habitat to habitat in safet Y u Fortunately,an Increasing body'ofresearch and information is available to help make the economic HEALTH BENEFITS case—from individual projects tocommunitywide A vigorous hike in the wools,a picnic In a grove impacts.What folio«•s below is a brief summary.SSee forest Appendix B for a more detailed discussion of how to in a local f� ,e., resen e a slot respite from A e O!trees p q F PF the noise of downtown in a vest-pocket park—even in value trees In a community.) the absence of hard scientific evidence,most of us would agree that these activities that revolve around Real Estate Values trees and green spaces have important health and Appraisers have long recognized the important psychological benefits, Certainly the grand park contribution of trees to real estate values.For example, builders of the City Beautiful era and earlier held this classicappraisal techniques put a valueof more than belief strongly. 512,000 on a silver maple two feet in diameter at breast In his Intriguing book,The 17%;vrioictof Place,"Tony height in an urban setting.0 Numerous studies have Hiss tells of a speech that Frederick Law Olmsted made been done that show conclusively that people are to at group of social scientists In Boston about the kind of willing to pay more for treed lots: Parks the city needed.Olmsted pointed out that the hubbub of City life was threatening the well-being of the a In a study of the Town of Greece,a suburbof average citizen, for which he had a prescription: "What Rochester,New fork, treed lots sold for an average we want most is a simple,broad,open space" of s9,500 more than ones without trees. / irroundod by "depth of wood enough . .,not only for , 1a a survey of residents in a Stevens point,Wisconsin, ,mfort in hot weather,but t0 conri•letely shut out the subdivision,the presence of trees was cited as the city from our landscapes," most important factor in purchasing a lot. There i$little doubt that the stress and noise of cities can fray nerves and have on impact on our physical and a A three to five percent increase in sales pritesof psychological health.As discussed above,noise single-family homes In Athens,Ceorgla,was Pollution is invariably ranked near or at the top of associated with trees, pollution concerns Of urban dwellers. But just holy much trees and vegetation can help counteract these a According toa surey done by a mortgage company tensions hasbcen mostly a matter of conjecture, at leas. based In Westbury,New fork,trees increase until recently, Now several studies are beginning te, property values by 20 percent. c,tabltsh In a more concrete fashion just how much differerce trees can make. National organizations that represent developers One of the most Interesting studies was one done by a and home builders are also beginning to promote tree University or Delaware professor of geography.The protection and landscaping in developments In results were published in Sefoice in "View Through a recognition that they pay off in thelong run.In an . Window Slay Innuence Recovery from Surgery." article,"Selling Creen," In Budder,the monthly Professor Roger Ulrich found that,Over a nine-year publication of the National Association of Home period,the convalescent period for gallbladder patients Builders,the author featured a number of develop who could see trees outside their windows instead of a mends where tree protection helped boost the bottom blank wall was cut by almost a full day end that they line?'One of the most Impressive examples was a required fewer painkillers development by Michael Rose of Laurel,Maryland. Another group of studies has begun 10 establish a link In a condominium project called Solomons Landing, between learning and it green setting that Includes a 34-acre resort community about90minutes from trees.L'One project undertaken for UNESCO by Washington,D.C.,Rose put In place a comprehensive •.1r1banologkt Kevin Lynch evamined the needs of treeand natural resource protection program.While O children growing up In cities. Lynch Inten4ewed kids tree protection measures added about two percent to worldwide and found that "the hunger for trees is the a%eragecost of a home,the project hasbeen utspoken and seemingly unlversal." In England, outselling thecompetition Iwo loone,even though the ational research project called Learning Through homes are considerably more expensive than Landscapes Is studying how barren schoolyards can be comparable projects. Profits,according to Rose,exceed redone to glve them a "country"Iook to provide "a 20 percent per unit.He attributes much of the projcces complete environment for learning." appeal to its green imago SECTION 16 Page 12 Al 1 � � 32x1 ❑ rti IL, ro: 0 J.1 1.,P'- t c I ed that t h c t it i rd most Lr4 L I L7 it co 1 1'n t" lqcA tkl�n�l I fa,tor(neat to 1,1 bor cl ima to and -and 3 L Orea'sattwtile,,,, to 11.1311rsers'Ind cirsinECTS ror.13 percc't,fthe SuTtEle",11 COMMUnitt'5 r�Z 'in"90011 11111JAISt �1 tl,�t r o r,,Ijs!f,-t ar it in stt",$ Li '%!Ort' 11;'L I I f be t h t'C 0 R 1 S,t e for b'l 5 ess and 1, ri CL" lUdc Il c.a!rrj r I ;" C!Ln iy'.n':ersar'te. arch I —•� n',dete;Opme't f':l'Lt 11 n"Ite A.',. co, rt"dclelor FL r t r C �Lt l: Not om F J do,,,t he r '!',I U I it,5 In norll f 'r :rL rl'14 rL 1.111JI Irii, r' 111 U qn'I P rl. L L r. "r, I "I J t r 4i�vr I jr, tJ t t t Lln' r'i itor to t1j, Of 1 1 t ull Not'JrFrj5lj,4!, 3 r rpte'j SOMIC(1i tl ard j t! t, ro�ioii All in 11i,ics of Irce, r" rill rN.Ij pr%1 .11 ru,r in troill t� ni por 1,i v t]I,,i rl,and enlIronrnentol w many . tl 11 ro!t c tj.ij; t rcc,wdl bring t"I !I I .1 n t v;,, Tr, L—t, e 0 ; � l Chapter 4. Crafting an Effective Tree Conservation Ordinance As the number of local tree conservation ordinances Together with the ordinances and technical manuals 1,is Srotwn,they have becomeever morediverseln their cited in the references and sourcessection(page 77)and s_ope,level of control,and administrative procedures. In the no".es, the Information In this chapter will give Some are only one or two pages long,while others till local tree conservation advocates ample raw material large three-ring binders.Some focus on protecting a from which to craft a workable ordinance for their certain species of tree or large specimens.Others are community. much more sophisticated,concentrating on making tree consenatiori a consideration in every step of the PURPOSVAUTHORITY devefopment process. Because tree conservation servesso many Important Given the differing natureofevery community,its public goals,communities typically Invoke a number of goals for enacting an ordinance, the resources to be purposes in establishing theirordiaance.Environmental protec !,and the local political climate,thisdiversity is objectives lend todominate,although aesthetic not atd!1 surprisirg,and,Indeed,it Is desirable.What rationales are common.From a legal perspective,the v,orks in Piscataway,New Jersey,will not necessarily purpose/authority section of an ordinance is critical succeed In Thousand Oaks,California.In fact, from one very important per% ectiver Are the purposes communities are Increasingly finding that their of the ordinance in accord with enabling authority?In ordinances must be tailored to different areas or zones somejurlsdictions,this Issue Is all important, within their borders,much as cities and towns often For example,the extensive Fairfax County,Virginia, have multiple historic preservation districts with tree protection program was Initially premised largely differing controls depending on the location,type of on erosion and sedimentation objectives because of a architecture,and similar considerations,What may be lack of enabling authority In zoning and planning appropriate for the suburban edges of a city(e.g,, statutes: requiring that developers maintain a significant percentage of ea!sting tree cover)may be totally (Tlhis Chapter Is adopted for the following purpose: unworkable in a dow a"'Nr.a.And what may To mnsene and protect the land,water,air,vege• t,ork well In residential areas maybe Inappropriate In ution and other natural resources of Fairfax County; commercial or industrial areas. to allevlate erosion,siltation,and other harmful effects This variety of approaches to tree conser4Allon offers A of landdistutbingactivit4sonnd;hboring land and �morgasbordofchoices for cammunitlesCanslderin new streams by ensuring that the ownerofthe property on ordinances or that are in the Process of roam ping an which landdisturbing activities are to be carried out • evtstin one The ire In l experience of oamp g provides adequate controls on erosion and sediments.g P Pe lion,and takes necessary measures to preserve'and ca,mmunities In applying these ppmvl,lons is also protect trees and other vegetation,during alt phases of evtremely instructive And valuable,This charter reviews any land-disturbing activity.' provisions from many of the better ordinances around the United States and discusses the pros and cons of various Erosion control,flood control,and stormwater approaches,It does not like some mode)ordinances, management are locreasingly cited as objectives of local suggest any single formula;there are simply too many trek protection regulations since the federal government, different needs and contexts to offer a"one sire fits all" through the U.S.EPA,adopteJ regulations requiring O sampla Even so,an important caveatIsInorder—none of communitiesI*beresponsibleformaintainingthe j these provisions should be used until the community's quality of water from nonpoint sources,such as streets, i1 Iegal advisor EA.4 t:norogUy researched the available parking lots,and storm sewers!Trees and vegetation enablinaauthorit and relevant state statutes.Amomingiy a re one of the most cost-effective methods to meet EPA w ondrvc tree conservation ta'hnique may simply be off standards and goals.The recently enacted tree limits In it me Jurisdictions where the state IgK.ture has Conservation ordinance in CoIumbla,Missouri,contkins tightly const-ained local options. this language: SECTION 16 Page 1 {i 0 aataanta 0 r The purpose of This chapter is to. 1)protect the health, saint)and properly of the people of Columbia byy ent needs tounderstand fully the regulating the disturbance of land surface ereasb functions ofetat on patterns on a site and the varying ML local ocernm presening trees,ppreventing erosion nn disturbed) areas,and controrling storm+,,ater drainage,..! able decision About What can be removed and what n \ shoutd be preserved.Indeed,only recently have tree The list of benefits from trees(discussed In Chapter 2) lance requirements sun ed the status widely�por- s a good starting point in drafting a purposes/author t ' Section loran r tree presenptionordinance.Ofcourse,it non of any worthy+tomprehrnsicepresse�bntionpro�r� should be crafted to reflect the specific situation and byyh goats of the community that it a:itl serve.There may be cons dered td betof sue simpoirtance ld,stool govern• ilsome unusual rat;onaie for tree protection that an&Ip meats routinely fund communitywide curved s a first lustratestronger on anibel Isla lion for the Or mane al of the step In enacting art ordinance. ord"A ice Is protection of Indigenous vegetation to the This Is not to say that a tommtmity facing extent that regulations require removal of nonnative development pressures should xvait toact until it has a species, such as Srxzilixrt comp rehensivecitysvide sun ey or Inventory.lf itdoes, and driven out more des!able natives.hrt a flourished there may be little left to protect by the ttme the work It done, Not+ever,!:+ere is a growing body of professions; DEFINITIONS thought that recommends that local tree preservation Thardly itinspctions01mostland-use ordinances habitats Andfulnctioni geemironmentssbebassedonla& Aft hardly page-turners, eliciting more yawns than m Interest.However,as tree preservation regulations comPtet'ensive local inventory,not Just a parcel-by become more complex,clear and concise definitions will parcel ci some Comm nisi s e of cle taring towards a become more Important.Afforestation,DBH,specimen more comprehensive approach,the most common tree,dripline,and mitigation are all terms that are current Inventory requirements focus on Individual commonly f he o to ordinances enacted In the last parcels.The most extensive require plans that depict ei decade. a the other end xf the spectrum,every trees over A certain size or that delineate the extents f ordinance should define exact[)xchat It means bye vegetativr corerby type and perisaps species. For "tree"subject to protection,Should the term cover example, Montgomery Maryland,as part of i;. t nderstory vegetation?Or Is the intent to limit it to County, I0feetx'Dods'plantethatwillgros+ toaheightofatleast naulrallIn entuypm«p that delineatesnrturalfreec,rrrr 0 feet? There Are many good sources for definitions, bva "circumferential line around all stands of trees witit , Including mode!ordinances and terms used In fpim"ar characteristics,such as type or species,defined ordinances from places like prince George's County, asan.,,s which include the rater perimeterof thedrip Y line of the Individual tree:,A notation shall be inchnded haryland, and Fulton co unty,Georgia, Appendix C tchich Indicates the rangeof height and caliperof the contains a list these some of the more important,oft-used trees with the areas, the Predominant species t ithin the terms.Again, these definitions should be refined and augmented to meet the needs of each individual area,and the general appearance of the trees with Jurisdiction.Illustrations still often be very help!ul to regard to health"'in addition, many require that the j defining complex terms orconcepts specific locations of specimen trees of A prescribed atte be shown, Mon tgo m ery Cou n ty's definition of these INFORh1A7 f0?,rINVENTORYftEQU1l2EMENTS trees is:"Individual trees which are healthy whichhavv As tree consen ation ordinances become more a diameter At breast height of 2J Inches or greater,or complex and comprehensive in their coverage the tchich otherwise are notaworthy because of species,pi;e, amount and type of information (e g size,or ether exceptional quality,such as,uniqueness, g"a site tree rarity,or status as A lendmark or species specimen." Inventory) that must be submitted with A permit As will be discussed In this chapter,An increasing 0 Application hive become more Important and more detalled, Most ecrr itses with any type of extensive number of locc,l governments maintain "bi We tree conservation program usually,have standard form nogtrleft strictly that to chance during he development smnimens Is for land disturbance or tree removal,The tree removal And site-clearing permit from Tampa, Florida,which s ►r°Less.ONers,like5acramento,Cttlifornla,carryout I Included in Appendix D, Is typical.Detailed Information specimenstand stands of trees to locate Important { s required about lia appLcaneend the nature of the Probably the most significant and widespread trend Is S prpeerhapgthe most notable recent development s the) tohjn tthe site that a Ir it subdivision also li submitted,IseInclut!e This 0 • requirement by many communities for a site tree survey helps ensure that,In addition to Information on soils, or Inventory to be submitted along with the develo ent application,Many early ordinances had no P' drainage patterns,slo es,and the like,local agencies uUement for a survey or inventory, Instead relying will have adequate Information about the location of Informal Inspection by staff to determine what w s trees to tortsider when evaluating%here buildings,ind before Any Present on s site.In some xvaya,this Is puzzling because development concepts are jet in stone,AuslIN Texas, SECTION 16 Page 15 32 x i � t z . s , ,t Lit t r. '�aeacse , uses this approach under Its FIih Country Roadway government staff will conduct field check with the I Corridor Ordinance, developer to confirm the accuracy of the Information and to make refinements based on actual field The site plan shall Include a tree suney.A conditions.(See the Field Sampling Data Sheet below) � construction Ilne shall be delineated on each$ite plan An interesting variation on this approach is employed submitted buildiyap parking, vts ltmlm use ehalt In Thousand Oaks,California.Any development that � Include all bullring red cut and veMcutar use awes, might adversely affect an oak tree larger than a specified , and all areas of required cut and fdl. dscap this area, size must seek a permit from the cityy.If the project is of the requlrtmenb of Section 6169(Landscaping)shalt sufficient scope or will have a si nificant Impact on be shown.Outside This limit line,no free evn•ey shall P 8 Pa j be requLvd,and the project developer shall be protected oak trees,an "oak tree report"must be filed requlrxd to leave undisturbed all ueasotmtive that describes and evaluates the health and c :•di on of vegetation.Including trees,shrubs,and undentory the subject oak trees.Additionally,each tree must be vegr Cation,to a reasonable and feafiSle extent! rated on it scale from A to E using criteria set forth In the ordinance.The report must also discuss all development �,(, Similarly,to Fatrfax County,Virginia,submittal activity that may have an effect on the oak trees.Based JQrequirements include a conservation and landscape plan on an evaluation of this report and a site visit the city that must depict,among other things,Information on determines which trees,if any,can be removed and the drip line of trees to be retained,location of all what protective measures should be adopted. outstanding or"monarch" trees,location of utilities and Perhaps the most Advanced Inventory and site retention and detention ponds,end erosion control analysis requirement in the United States comes out of measures.Again,the idea is to gather all this Prince Georges County,Maryland.For an),communitr information in one place at the outset so that the truly serious about undertaking tree protection in an decisions made about the siting of buildings and utilities informed and rationale manner,this example bears result in the greatest possible conservation of trees and Study.In brief, the rocess works like this. p The county 3s other nahiral resources.Typically,one,a tree surveyor mapping Conserv.tion Evaluation Areas(CEAs) limit of disturbarce plan is submitted,the locrl throughout its jvrisdiction. Basically,any parcel greater Field Sampling Data Sheet Property Name: Prepared by: Slanci s Plot# Date: Size Gass of Trees WVthin the Sample Ptot Tree Species Numberof Numberof Numberof Numberof Numberof lnoie daninam and Trees 2 l0 6' Trees 61010' Trees t 1 to 17' Trees 1810 29' Trees>30' cc•dommanrspecies) dbh' dbh dbh dbh dbh Number of trees per size class `- 1, List ofundarsiory t species E t, as sal vois Numbe r of d sad trees . 'Ef per plot i Comments 'fameter It artist height SECTION 16 Page 16 - --- 2 F, 32x111 a. srtwra ' O khan 40 of tree rquaatcontalns10,000squsrefeet Appiicantsforsiteplam,dneiopmenlplenaand or more ,t tree cover qualifies,If A CEA is present on a aubdni nos plus shall be required to ha ve a prednign, Property,the developer must undertake a Forest Stand on•aite meeting%ith theComty Forester,Codes Dellneat;on to provide moredetalled information about f ,voo,'.) vegetation on the development site.This hAmirementprencr,orthreetan to discuss \ n'ormAtion helps serve the Ordinance S641 of protecting FroWtIon met ods to,reSu,ml dtrees obelet „'oodedor forested areas A s opposed 10 all trees Frotectlonmtthodsfotregv'atedtreestobetetalnedor relocated.Thefounty,Fores•.erwlll mark and locate, exceeding a certain threshold size. ustng a registered land sun eyor,all champion and all The Forest Stand Delineation process is flexible but heriuge trees deemed healthyenough to provide would normally Include these steps: s,betantial long-term benefits,The applicant shall locate 1. Slopes of greater Than 15 secant are depleted on a additional regulated trees as deemed appropriate by the At a scale o!200 tee!or 400 feet with Count),Forester based on spe<iea type,utlty,and topographic man unlquesignificsnce! A maximum fit'edoot contour Interval q 2. A Soil survey is overlayed on the slope map.(Soil gr0 re�a�ophisttcattoa end d tall ales Communities irealize t)'pti Will help drterr.r d types of vegetation, the Importance of escertalning what is on A site before locatiAnd tlacfs,andpresenceoferodiblesoil.) ee'%cl opment Plans Art 30 far along that It Is difficult to 3. Map,A Wooded and nom,00ded areas are depicted on the cbrrge them. Sauey developer also realize That a little map,as well As specimen trees,old hedgerows,and extra planning et the outset o!A project can reduce other unique vegetative features de,A.)s and pay dividends later In the Process.Giver,the 4. b separate map s used to establish upland/ r. %e andcmore commuinities tinit ate communisiyywlde b pects.And areas and north-and south-lacing slope surrt)•s on their own, thus providing t veryvAivable Aspect. 5. The wooded/nontvooded areas map is combined Soo:for planning for both (xAl government azd the p:i�Ate Sector With the upland/bottomlAnd map,Which begins to define distinct lvdifferentiatedwoodedAreas DECIDING WHAT TOpROTECTAND 6. A site visit by the county staff helps correct and re fine HOInveTO DO early step In an) pt0cess aimed et the rnap. I eser•ing natutal resources,aesthetic features,or 7, The size of the differentiated wooded areas Is historic areas is to decide exactly what It is the determined using a pianimeter,and sample points Community Wants to protect, In the context of tree are established In each Field sampling is the conservation,this may I iry substAntiAity from undertaken to determine tree species,location, rnu'nicipaliry to municipality, but the more precise a number,and slmitAr Informatior, local government can be In specifytng what is important,the easier it twill be 10 tailor regulations All of this data Iscombined'vith other environmental A=rdin gly And provide greater certainly Inthe data 000-)•ear floodplains, ,nonticiAl wetlands severe deg elopment process slopes,noise Analysis,etc, As appropriate)to produce a This stage of the tree protection Process involves hv,r cornpprehensly eenviro,tmentalbaseline study that Is ba•'• steps. First, through meetings And other citizen In%Aluable In helping determine the l0<AIiOn of lrl oON'tment techniques,A cemmunityconsensus Shrndd buildings, roAdways,And utilities,and similar be forged that provides a focus for those who will draft der elopment desig t considerAtions, the local tree conservation ordinance.Are people In Addition to gathering sufficient resource concerned About A fesv significant old large trees in An Information,another critical step in the early stAges of urban setting?Is the issue of tree protection part oral the development process Is to mAke sure the local greater concern over wildlife habitat?How valued Art regulatory stAF1 And the developer's representa lives are the visual and Aesthetic Attributes or trees?Art there O on the some wavelenglh And that everyone understands SPtc'fic threats totxisting trees and woodlands front what Is expected of them, For this reason,An inereasin dove opment urihty Construction,and public world f number of Ireeordinances specifically require some sort project that must be addressed?0,nswers to these of preconstructfon conference or site meeting.Consider questions will provide Im rtantgvidan<e in the second the provision In ChApel Hill,North CarolinA: step of theprocess--deciding on fie techniques to be e Pilot ro Istuanre of a Building permit for development mFroyed to ensure protection. Activities covered by this section,a preconstructfon The sed in s s lending parr of this process b AddreuedAlom. to locus O O • Protection and take plan to rvl pr procedures for ImP;emrntAtfon.The taus here will boon the type Of prote<Hoa and rifj on n,ent of All protected Gnds<ape resources thatcommunities have typically decided to Arid td b iden le o on th, LAndscAPe pro!tction plan Arid rd deliggnAle one or moue persons as Landscape otect And the regulatory a proachts they used. tewlse,otectionsupervisor(s)..,! tedlessto%a ', Iherelswid country.Some communities hA ve d I rested their energies in AIAChuA County,Florida,develooers to large specimen trees or trees oil particular species, must meet with focal government StAFf: requirinb a permit for removal Other focus on retinfng stands of lessor woodlands.MAny combine SECTION 16 Page 17 32x � Q c both aspects In their ordinances.Most local ordinances jurisdictions are estnblishing variable size specifications exempt smaller developments or parcels from control, related to the species of the tree. Fulton County chile others place special controls on areas of particular (Atlanta),Georgia, takes an approach that,while simple, environmental or Visual sensitivity or value.This section has much to recommend it Specimen trees are defined j discusses a sampling of the more common approaches. In three categories with varying DBH cutoffs:large 4 hardwood (oaks,hickories,etc)-30 inches DBH;large sped men and Special Trees scfth%oods(pines,cedars,etc.11-36 Inches DBH;small I %Any jurisdictions require permits for removal or hatdw00d! (dogwoods,redbuds,etc)-12 Inches DBH. j alteration of "special" trees.Special trees are typicA(ly Additionally,the ordinance sptcifies that"a lesser-sized defined as those exceeding A certain diameter, size,or tree can be considered a specimen If it Is a rare or Other physical parameter.Terms such As "champion"or t nusunl species, of exceptiorol quality,or of historical "monarch" trees may'be th!operative nomenclature In slgnlficance." the local ordinance.Additlonally,special trees may be Prince George's County,NlarylMi,takes an even defined to include those with unique historical rro:t detailed approach.The county has published an associations (e g„ a treaty may have been slgned under A eNtensive specimen tree evaluation criteria list that tree's boughs) Some communities malntAin big-tree includes almost 100 species.The criteria set forth nglstries much like lists of landmark buildings.Others spit, -specific DBH for specimen trees.For example,to rely on identification through surveys required d.rring qualify As A specimen, a Flack oak must be at least 30 the site planning process As outlined in the previxis hrches DBH,but a Southern Magnolia nnostbe only 17 section. inches DBH Size. Probably the most common approach to hloweter,even these detailed size listj can have protecting special trees Is requiring protection of all shortcomings because they measure only one physical specimens that exceed certain physical specifications.In Attribute In an attempt to deal with this Issue,Tampa, Austin,TexAS, for example,a "protected tree" rneans Florida,hos adopted an Interesting point system "any tree having a trunk circumference of 60lnche5 or apFrcicb The local tree conservationordinoncerequires more, meosured 9S feet above natural grade le%el," protection of"Grand" trees. Th,ec.rcumference,height, Other ordmances ,resimilor,but Use,fidup.'rirAt+ ? feet ari crown measurement;ofgrord trees must beofa atmte the ground instead of circumference tt,1- ,t is r.ze And character such that the IutaS number of points commonly known in the troJe As diameter of breast green for those ch.vadtristics equal or exceed a height nrbbm In Thousand O;,ks,Coliforvia, renew is minimum number of pouts for a particular species.The rlggercd for oak trees exceeding just two inches DBH, point schedule is set forth in tite ordinance.Forexample, Dallas has under consideration new landscopir,; a cypress tree must Iota) 200 minimum points Lobe regulations that require FrotecLng trees that hate a considered a grand tree. it can score one point per Inch caliper(d lameteri of 13 inches or greotxr. of tiee circumference,one point per font of height,and While trunk sire sptciiication is a simple and ere point for the zs eroge crown spread to the nearest i straightforward txay of protecting trees.it can be Very foot, in'precise and result in protection of some(revs not Species. A second protection criteria,atthough far less %north) or miss otl•ers that merit sating, For ins!Ance, common than size.I$ tree species,Some communities, x,l,ile an oak ttith a DBH of one foot is not particularty like Thousand Oaks,California,concentrate their unusual,a dogwood of that size is quite remarkable.To protection efforts on only one species of tree—in this deal t,ith this issue, on increasing number of instance,oaks. Tampa, Florida,focuses its specimen tree S,10M f!Lvrd,Flo+Ma, w iod,irn,,nurecrie! ofualkesp ecfee!, thatm'irn,r!avtipecies R hoe Brol khan pre'e'n Inc!, n fe cat t O arrrruN locol t•rcrturiu,,,rrta hr rryLur,L � x: •" rr.;:.+ � ¢ � -- Yt ti SECTION 16 Page 18 Cf protection efforts on 12 species,although others can be of mangrove trees Detailed slandardsare set forth In protected by the parks department upon adoption of Appropriate standards. the ordinance regarding trimming and removal is Allo+ved In only A limited numberof circumstances. { A Variation on this approach that et lion to more Where removal Is allowed under A development plan,a l Adherents is t e protect All native vegetation to the mitigation plan Is required, maximum extent possible. About Island,Florida,Is A prime example Concerned about the Inerslon of associations,As A complement to nonnative species like BfAillian Pepper that can protecting specimens of notable size,many local dominate local Vegetation,SAnlbtl wrote its vegetation treesnti ice sponIlliltlsrovisi or cultural W protection of protection ordinance ec require protection of all native although most ordinances do not define these Terms in Vegetation outside specified limits of disturbance, much detail!Alexandria,Virginia, had one of the first Moreover, Any native trees removed must be replaced and most extensive programs to protect historic trees. by native Vegetation,And ne+r IAndscAping must be Any tree with notable historical AssociAtion can be done with native species. To support this effort,A local designated,And removal is not sllowed+x•ithout environmentAl group called the Sanibel Cortsenatton permission of the local planning commission. FoundAtion maintains a native FIAnI nurser•to provide stock to homeowners and developers. Woodland Protection)ercentage of Tree Cover Sanibel also offers special protective regulAdons for m Another technique fordelineating+ hleh resources to mangroves that help stabilize shorelines and err vital to protect v focuses less on individual trees and more on the functioning 01t$tuArinesystems MAngro%tes entirestandsor woodlands,While onlyo few tree provide nursery And feeding areas for fish And nesting ordinances written prior to 1970 took this approach,It Is areas for birds. The city's vegetation protection quickly becoming the method otchotce In most standards require A pzrmlt for Any trimming or removal jurisdictions,particularly suburban ones,that have adopted comprehensive tree conservAtion progrAms and (soften combined +rlth protection schemes for specimen trees.This Approach Is beint; subjected to Judicial scrutiny because1, can have significant economt<Impact. > s on developabte land. One e most Influential t Ordinances i n this regard com¢s lront f . * LAke County,Illinois. Drafted by Lnnr Kind ig In cooperation with the coca n t planning And legal staff,the LAke County provisions were enshrined In Kendig's InFlu¢ntial book,perfurnauAv ZailliVo And have been emulated by a Ad numberof)urisdictions.'uIn brief, the QALake Countyorciinancerequiresthat711 . r n Trees sarrretimes 6.tt'r ndhil Ir lrisferic osic&Mf idrlr or gwce ' sites With great U:ttorirs. One t• of 1he shrines ore the Fafrle chf fit Celrlefvraisanrrera,nnrhu ` •;';r; �r1 jr ' InesfAl'etr1,I dull teefri!Irrif I t' gnafurs or Phurrbarteu CAiks rnf«ern nunibrr+d rpa3rrifitent D�tks fr;�IrA. , i•�S 'x �. SECTION 16 Page 19 �r� x 10 32X ❑ MRRoom�AmEALE-maximaL� O rya percent of mature woodlands on a site and 40 percent of restricts timbtr•harsesting operations by requiring that young woodlands be protected as open space.A mature cutting not"create stogie openings greater than 7,500 woodland Is defined as an area o^stand of trees whose feet in the forest canopy."This provision was recently / ItAl combined canopy covers an area of one acre or upheld by the Supreme Judicial Court of Maine." .tore and At least 50 percent of which Is composed of Another approach,recommended by the authors of canopies of trees having A DBH of At least 10 inches,or An excellent publication designed to assist communities any grove consisting oft ightor more Individual trees in California considering tree protection ordinances, having a DBH of at least 12 inches w•hoae combined would require protection of a specified percentage of canopies cover at least SO percent of the area tree canopy depending on the baseline canopy cover on encompassed by the grove.A young woodland Is one A site.The less existing canopy,the more that musibe that does not meet these specifications.A developer may retained.,' dear more area than otherwise permitted by agreeing to From a practical and legal standpoint,A flaw in many reforest another partof the site At A ratio 1.2 times the of theseordinances Is that they provide very little area disturbed, guidance to the staff ordeveloper As to where the In practice around the nation, the lake County minimum specified vegetAtivecover should be retained approach has drawn some criticism from developers for on the site Straight percentage retention requirements being excessive in Its retention standards(recall that map result In the protection of Isolated stands of trees similar percentage protection standards were challenged that are not particularly significant while vegetation in the Alliughm,r case)and Inflexible In its ability to Important to wildlife or In preventing erosion Is accommodate site development needs and constraints, stripped and removed.In other Instances, staff may be Coat planners from Cake County report that,in given unbridled discretion to dictate what Is to be practice,developers have generAliy accepted the ppreserved with little or no guidance In the ordinance 70 percent ratio and recognize the value of the resource \ot onlydo such regulations raise significant legal on their property.However, there are now fewer mature �f1uestions,but they are potentially unfair and Ineffective, woodland areas that qualify for protection under the Y Prince George's County, hlarylAnd,employs variable ordinance, so there Is A question About whether the woodland conservation requirements keyed to the ordinance is really protecting forested areas. underlying zoning and provides important criteria to There Is also a general problem with developers help select which areas to preserve. Large-lot residential meeting minimum open space requirements(30 percent runes require up to 50 percent woodland retention,with of A site)by using small,fragmented parcels rather than 21)percent retention for medium-density residential and consolidating open space or preserving contiguous 10 percent for high-deniity residential,Sites In coded areas,The preservation requirement for young commercial And industriAl zones must retain only 10 ,00dlarids(40 percent) is similar to the minimum open percent coverage.In a(I cases,the ordinance requires space requirement(30 percent),and the problem of that o-rooded 100-year nooaplains, wooded nontidal fragmentation may also affect the young woodland wetlands,wooded stream corridors•and wooded dopes areas.On the other hand,some developers place even be considered"priority save " ereas" greater restrictions on lot purchasers by further park City,Utah,has adopted a very nexibleapproac protecting vegetated Areas And trees within the building of delineating limits of disturbance.Despite Its pods (leNibility,itstiil provides specific guidance In selecting Notsvithstanding these criticisms, which in some areas to preserve.The local sensitive lands protection respects renect grossing pains associated with Any new ordinAace establishes minimum open space or Approach,the percentage coverage requirements development setback requirements depending on the generally Are gaining popularity nationwide And are h px of terrain(eg,steepslopes)or natural resources being refined in A growing number of jurisdictions. (e g,wetlands) found on m site.The planning staff is Some communities have responded to the charge that then given a good deal of discretion And flexibility to the 70 percent requirement is excessive by Adopting work with thederieioper to determine limits of milder standards.The 15 percent canopy retention disturbance(I.e.,where development should tAke plAee requirement in Alachua County,Florida,is toward the on the sitt end how much of the parcel should be left bottom end of the scale.On the other hand,in its special undisturbed),Specific criteria,such as erosion control, Protection regulations for the Cross Creek sensitise view protection,end water conservation considerations, t0dronmentAl Area, Alachua County Allows only one are contained In the ordinance to help guide this unit per five acres and requires that developmentbe process. clustered so that four acres are left undisturbed. Oreof themost Innovativeond Interesting methods Fairfax County,Virginia,has Adopted A sliding scale of determining the requisite Amount of vegetalivecover as specified under state Imv 10 percent minimum cover to be provided after development on a site is being retention In commercial And Industrial districts;15 employed by Fulton County,Georgia.A"minimum tree 0 percent In high-density residential;And 40 percent in densit y" requirement of no less than "i5 units per mere" lower-density residential. is established that canbe met by retalning existing rees �jo An Interesting variation on the percentage of site orplAnting new ones 11 Exisling Ire"Are creditedgbued serAge protection method focuses on tree canopy on A table that gives it higher unit value for larger trees; mention.Some communities restrict the amount of replacement trees receive a higher value based on their existing canopy that can be opened in an existing diameter,The county arborist is given authority to woodland. For example,the Town of Freeport,Maine, regulate the placement of replacement Irtes and their SECTION 16 Page 20 32XIO O I I to crirt•ri,? set loch it ti,e ordinance. �1d.1,Nunal r e,I u l re r?teft t, nray be lm o eraY'of a H�Il Co'nrr Roadu'a ; i. The F sed i(s ecimen } y provided,however,CA�e re rd prncticalresultoftl,epulton percentnof theatrealgeo(thegepptlicantufproperty,r20 Co',:rh'ss 'emrsthat pr I„ e s F,r;a re g i van A Food dea I of t:',rbi itr to meet rno�ic•rnte seta C0erage T""'anlcnt!, hu t the counh' re;aln� needed A A variation on this approach is to require ` e the In;;tior thorny to of all vegetation And trees A Specified distance re el" Irer;and protect buildings on A site, The Borough of Gibbsboro,Nesc •,; � r`ee'f a; " Jersey,tree protection ordinance estAblishes a "tree f?atancc Buffer Requiren,enl< pro'ectinn zone" on eAch lot defined as "that portion of the lot not covered by the proposed building or .. . erroa',rno,l teel'll`' I•I`'tl'c� in daterminin pre:ec! i❑v"t` ' -e,Al ifhir, nce or buuffer FMI'leter ors, distance Of 10 if the the re,,,',;dn•,cl,;; Fnre,an,p,c, dlle�Lent Cminh i U'rt:•`,'r he, f'cltrft Icani,.ha= re,,, r1s to osed Proposed cxrhvay, the eta ewalk portion of A street right• :ect:on re. F r o.•n'ay,A utility easement,or park, AreA "rr5imilarls, yul,ti, ns Inv Adn lion by locA r`".. ;1'J p, that tai lfie A tlrQ-t,,,• F Fieca ld h'AV TO,\'nfh 1p Neh'JP sey,has ado ;Fort bu'ler tore bet,veen rotection r pled a tree F''"""' a''.i .,ll, ht it;h • .a n"'ijacent F movAl A o licatioa if the t�eetEnsque tuonl(O A tree i ;.`,';•. Fr„p.:rlc lCCllin f'r•.d 1CR7.(,,, I;!rev, al! trecf b APP I, rnlfr ha re;lined h, a at least three Inches In elAmeter ,cari,?in IIn,:ted ground) "is IwA,ed on or fr;t one foot above tit e,:e••;'„I,,a.nn,{ hin20ftetofan r structure! fua, ,,„r�:„ i•Illboards are swill be u , Area that p,is;intIf`.tl,ds • ,t;,.., sed forAb',lildin drieewAy', �a+, etained can be ra, ,., 8 recreation Area, radt,,,'.ar.thutfvnardLu,dre,luirements,It Whdl t e�aeinage, Blun�anay'nrutilrtyeasement,' s ” b i distancr/preserratinn i"eon en'p""a',{ bti' Austin, regulations are eas)'to Administer, they hAVe a Fhl1 G Ih'ry' 2a td , u Ord n,n;e s; gnificant shortcoming in that they'do not require A F ctrl rely. ' ' r�f de,eloper to consider tree presenroition in the site drfi;❑ a J11 be And planning process.Only'ther the Ixyout of the ! L! 0! �' ri� 'I af• rJect is �" F I set daas the regulation kirk in t Special Area Protection ja ;., 'i, • . -"I A growing numbe rofcommunitie•s'Ire focusingthcir tree arnd veget.irion prof eifion arllviti of On h'haf hti{ rt ', •p;�5+-• a , beta;Iedsp¢�ci.d,rcns—I,ndslrith importxntAesthvlie --t �• l .k �'' `q r orenrironment al,-AluMthatt,,irrards l r One of the pedal prolccti„n. erealaa{,',n,agesofrhisappoachIsthotitI v.�.i • ! usurlh' astertogarner oliticalsu , i rotection nteas F ppvt for strong is Ctrs F res ':I"N"tascithurtlquequAlities Park,aaysAreaprimeeaampleofAreas that oft, n r'. s/'•�s�• k} reee;ce special attenl on because of their significant aesthetic vnA,e;--they often serve As comr??unity gxtet,'Ay's that estabfith an im ortxnt first Im visitors- In the future,even nturealtention may belgica�u to such corridors scith the creAtion of a national scent; '. .•.ar bys,w)s designation program through ISTEA.The el6 t to protect the new Airport parkway'linking the nest Prtfsburgh Interna60roI Airport wiffi dosvntos'n Is but onee:Ample As discussedabo s'e,modelregulatians < proposed by Allegheny County for Adoption by e c i j r tavnships along the parkway include A tealuirement for y A 100-1001'buffer in s.'hich All existing trees are to be R,'ad;rrtyrorridcrfArrchnradetrlcrfn,7tlrvfirAflyhy O ` '. �. l rrrr},aJllrrlr Afao provide bi+urtf h�r+ne•;n.+tl ell As troi!o r a ' �v-�?. hu,.ert1rurrrIriglt;,NpInrffir,TNI?faNrd81udRidfr _•, pe�krruu Lr Nrrtfr C'Arofina. 5(I t_"rIUN i6 Pa ye 21 y , S I t r ;waoaaw No as r • preserved."Additionally,the recommended regulations accon plbh community protection goals and which contaln woodland protection provisions patterned after agenrles or entities need tocomply with the ordinance. those contained in Kendig'a perlonnattee Zoning,adapted I the topographic and development rtAlitin of the area. Lan 1 Disturbs nce/Slit Clearing Natural areas,such as rivers and coastal zones,are the An essential step in the ordinance drafting process is Wgtt for other communities. In Fulton County, to ensure that development activities that affect trees Georgia,The Chattahoochee River Corridor Tributary and vegetation do not slip through the regulatory net Protection Act requires active tree protection In an area This can be done In several ways.A good basic "r�tending outward 33 horizontal feet from the lops of approach is to broadly define"development."Consider the banks on both sides of all flowing tributaries of the the American Law Institute's hl,%fel Lurid Development Chattahoochee River." Disturbed areas within the buffer Co,fe definition of the term: must be replanted to county standards usinjindigenousa iTlhe g g riparian vegetation. performance of any building or min(n In Sanibel,Florida,native vegetation that contributes operation,the making of any material change in the to beach stability cannot be removed seawrard of s usf or oypl vJgce of an),structure or land, the division of land Into h,o or more parcels,and the creation or coastal construction control Iint.Strict controls are Also terminAtion of rtaahis of aecessor riparlan rlgSts.v placed on vegetation trimming and stump removal. (EmphAlls oddf{I Where they are not wanted,non-native species,such As Auuralian Pine,Are removed,but then A reveSelation The code further specifically Includes "demolltionof a plan must be submitted In order to reduce loll structure or removal of trees"In the definition of movement caused by wind or waters development. Alaryland has adopted strong regulations to protect An Increasing number of communities are Adopting the Chesap¢ake Bay from further environmental this approach, not only with regard to tree conservation degradAtione,Including A requirement for local but to ensure regulAtory coverAge of a wide arrayof governments to adopt protection programs that place development Activities.In Fulton County,Georgia, any controls on timber harvesting and that eitabtish buffer clearing,grading,trenching,or similar lAnd-disturbing areAS Along shorelines where agriculture is permitted?' Activities can be carried out only Alter securing a land Some cities have coupled their tree protection disturbance permit.A tree conservation plan must bo initiatives with historic preservation efforts. In submitted with other permit drawings As part of the Pen:.ocolA,Fbriea,specified trees Are protected within land disturbance permit process.Additionally,any the boundaries of the Pens,cola Historic District.°The Application for A rezoning or special use permit triggers t.1tion of those regulations is "w recognize the review by the County Arborist And application of tree ,nirit+utio:. of shade trees and certain floe,Bring trees to protection stardAr;10' the overall ci orooer of the historic district And to ensure Tampa,Florida,has taken A similar route, requiring the p,rservation of such trees"Cerwin specimen trees, that,before the city Issues a building permit for any ind.id;ng Magnolia, Pecan,and Dogwood of a specified development on A parcel, the development must have an size,may not be removed unless they are diseased,pose approved IandscApe and tree-Planting plan. A public safety hazard, or the AppLcant can demonstrate Development is defined to Include: t'nat "the tree would otherwise Impose An unreASnndblt economic hardship in the location of proposed ITihecarrytng out of any building activity or the structures or facilities." making of any materlal change loamy structure or the natural surface of the land lincludingl Iaktivities that ACTIVITIES COVERED/SYNOhi USTCONIPLY charge or disturb the natural surface of the lend such Deciding what to protect And what methods to use in as rteartng,grading,excavating,and titling, doing to are two critical steps In the tree preservation In the New Jersey PinelAnds,whert a sophisticated ' Process.Important questions Ara 15'ho must comply regulAiorysystem was adopted in 1991 by state "ith protective regulations?and What Activities are legislation to protect A 11•million-sere reserve near . coverc.V In the early days of tree protection,some Atlantic City,local governments must enact land.use ocalities learned a hard lesson In this regard. Tree cmilrob,including land disturbance ordinances to conservation ordinances were adopted requiring control grading and vegetation removal.As of January preservation of vegetation As part of the project revlesv 1993,All but three municipalities out of a total of 53 were Process, But drafters overlooked the possibility that 11 In compliance with the Pinelands Protection Act.The site might legally be stripped of vegetationfefoore a Pi nelAnds commission reports that there are very few development Application was filed because no problems regarding eompliAnct with the regulations, ordinAnce provision regulated land disturbance or site outside of procedurAl Issues associated with another cieArAnct activities.On the other hand,an Increasing 1Ayer"of control. O number of communities hAve come to rtAlizf that Another strategy used by communities does not rely controlling tree removal on Any parcel,however small, on a broad definition of development,but rathtr defines can create An A.IminlstrAtive burden that MAY detract certaln activities that cannot beconducttdwithou to t 'n overall protection efforts as well As create some permit Issued In compliance with a tree conservation ? +vy political baggage.This ezperiencesuggests that ordinance.To Illustrate,in Chapel Hill,North Carolina, O Al governments must give careful thought to what the Ireeprotection ordinance states that It is unlswful19 q'pt of deveiopmentActivities need lobecovered to remove,prunt,or harm any tree,clearvegetation from a SECTION 16 Page 22 KOM 32X10 r l sift,of begin any excavation,remove soil,or puce fill on particularly for specimen trees,can be undermined In an a site until the town manager has issued a per lace P afternoon of amateur shearing.As a result,more and certifying compliance with applicable regulations, The Gibbsboro,Ne more tree conservation ordinances contain pruning SV Jersey, tree ordinance contains standards,some quite detailed and specific, an expansive definition of the operative term "removal•'t San Juan Capistrano,California,targets the Removal"sholllnciucit,but not be limited todnmagr Farticul.vlydestrnctivepruning practice known as infltcted to the root system by machintry,storage of topping.' Topping Involves cutting back large tree a ma;triata and soil compaction,changing the natural branches to mere stubs.it Is very damaging to mature grade abo�a or below the root system or around the trees,and the resulting new growth Is often very weak trunk;damage Inflicted on the I rot ptrmiuing fungus and subject to splitting,The relevant ordinance Infecllon or prat Info>iarion;oxctsstve pruning; provislons state that no property owner in the Tourist t�cer Imi t nnning; paving with such r n lrnity s Commercial or any residential tone located within 500 beret Imptrcithe maleriat w'Hhln such prodmih'as to feet of a scenic highwavor drive may have his trees ha harmfrd to the trer�%' " l rely trimmed," t,hlch Is defined as -the cuttin of Either approach—a broad definition of develo meet the ant s an or true e a tee n w• c or a specificrecitationOf00ivi ties cc%eredby' tree willsu stantialfyreducet cove the area protection regulations—can work, the key beingg that so as to destroy t a 'n s' mmetnca `e rotection be +art and arcel of the entire develo natura s ape of their a rr,anner whlc reh uI it mane review process,not an nconseu en the rem % o mxi lateral rant t s ear n trunk "FnsTirmg t ,at tree con:enahon regulations are con Sid•t oft et te n a stub a erect at the front end of the development process can o ac 'ua ounty,Florida,focuses it's tree-pruning a long tvay' towards avoiding controversy over site plans controls ouilic a encias y re,itllrtng a u lit and buik ing location lateron. P unlrries,governmen a enct s, `fa con rac or s a c t o nfwnalArborist Pruning "Nia tort tan„v, a rr urtfrr+o ShMeTr Anlncreasi rig numberoftommuni ties Are Fri fee on cereriv�propoftt " Emer rncy recubnizing tha ad erne lmpact that inept pruning can ` ' e exem ted.t' ^^� haveontrees Fxttmiveprutraiveprucisluns, Thousan s As, alifornix, hasadoptedastrict poley'against eclat it calls ae>thttie pruning of tier oak tree tissue. Exceptions are permitted for structurally unsaft limbs and deadw00d,but nn Oak Tree Report .,• 'Y / :�'/ r. must be submitted bxdure the city will grant a permit` •,Lae•(/: ..• } '. public Utilities and Agencies One of my eofliest Inirc%loctions to the reed for trot r protection came courtesy of a local ahlityy.As I drove Into Fredericksburg, Virginia,one day along one of F, that city's scenic and historic streets,I sensed a` something different.it eras the street frees—their crotches had been indelicately exposed to leave gaping V-shaptd holes what foliage should have been.All of this was done by the local electric Potter company In tht name of protecting its lines Over the next few I l s+to"my outrage grew as l saw hundreds of trees r mu ill A led Inthis man ner,both on public a rid private property, r IfhileA$rots'ingnumbtrof Public utilities and P ublic r! agencies are adopting more enlightened policies tot„vds tree(rimming and removal,there ar!enough 1 0 X t t s� _ ,1'' � Ak Irf •'I 1 � r ,f f y s ! ' ireoif arftr Arnfy Drrrriri/irtir works fureousuftin'�� erhorisl Srol X,Jx hi MJo,'illr, NWIlr Careti,11 8/10,1 prcn,lits rid 70j F it;e of ire's and Fro chrnbing ii sjribn F O ' ! (!/ 1 { u,drss 17rr rrtr!r Id M rnrrc;td,Tlnsr u•!rrtt onb lrat�' Pit 17 heave fdlgh',l ' SECTION 16 Page 23 32 X — ar r t , 0 l • ,fi?II';I^ �� ter.. ._. t i, ,rr •B, �' ,, L eta' kC �j t AIf4[11, TO h 104 01;1;el}!III Ili of thee oie,,'# ,re1 }'l ,"1'id!i;'i 11 1.1,%YithlN Old Ri!t;wIkdrNV orl4Ylped I,n1,}•Rn're• lddllerr1,CIrV,rgVllmirl:<r,'ors"i0filllil'r,�r�l',�t[irr"ii!ri tJ ii,f:16I;i!t0101rtlDtI'.Ole iwr 1',rlt! fee Oryaslf impr";''w"Olt 14'Jreet! (oI'e CJ I'd ttre Clhl J,t'pl'I!r. -oc.,des that C,Imnumitie< 11,11't' respondt'd with `Nh,xoliri, rtr,ulr.'s that a land distlrbane+ permit be eul.l lnu:garerningtht'ir %ti% 1jel AsdIsCIJ<slhiill seevr% t for,,nodes I.1oputellt.16l ih', Including Chapter}, tlrc al'illh ut a local government la rons:nr:u,'n rt strtets and utilities. timitorly, Austin ` I01.1te one of it,ofY$1 pot'lir a,ti t'Iti l•:> Is more o doe's nod andw tl,e rt,mot',hl of Proltcted (reef on public r,1.,Ical than a Ic,4ol que>ti,'n. Ilo%-ke%cr,the cage of crap,^t for utility Iuteb u+niess"the location of the tree utilities t•le» doer,and a'Ii' amllmn,it ' pressnts the tnstrvstion of utility lines or elroinage 'Ysnlptin4 to regulatr these entities rntl,t first ascertain focltnie>wi,it.I m,,e not feasibly be reroated"'I �er it has rcyuisitu aulhoritr under siote low. In o One of the more rromising opprooches to dealing it ofstot cs, pobhcwilit' rt;o;ulalionIs%ested lvithrubtliurildicsandrubliCOgenciesre quires ;vrl}' in a star pnblkc a Gil ris's eommission or a+nstdtatlon and negotiation trph the local Plannin or !.1r bod} tree prott'rtion entity. In Mes.1 sto,California, the public Ass'. ming that a local gm cromelu has the power In ,corks department is required to notify the parks and r�i'•ria;i publiC Utilities lcit1wr pro niog or dos t'10pn,int rtf0e,lti0n department of env appiicalions for nett• ::n itlesl,ther6ire seser,tl good twniptes to draw sidcwr'_1,cure end gotteg pr similar improvements that P1'u, As noted abote, Alacinra Coanle reeloire±all ntigllt Cause the removal of ordantagt to street trees" blii utilities to ublain a rtvroit before pruning and to As dlMlssed above In Choptet 3,Pork City,Utah,has „'°,hurt sorb pruning pursuant to accepted national ndup;ed a ca'osultation pnwislon that requires public a rd! Chapel Flill,,\urlh Ca roiina,has adopted utilities and ahercih'ogencies to negotiate with the standardstogo%ernpnuting(oltf,ougtlthe}' rlanningdt'p.lrlment over Oft dtsign and construction niy to public land or rights•of•wayl. For of utilities and other Public works In designated, :e,the ordut•tnce requiref thot"trees shall be sensitise natural areas. ed so that their canopies remain in as natural a A similar approach has been adopted In Austin.When r % ' possible."Topping and heelge'like trimmtng Is ,'rte agency e;:eintering or design stAndarets or depart- "''' ibih'd, in %or% limited circunhstAnets mtah,l rules ts6ibGsh atndirions Ihnt eannol be met N11%liwn,clearonee oreaf around utility lines are also Without life ww%ill of a protected tree,the responsible •''Idifhed depending on the voltoge of the over line agtnev nnlst :onslefer whether the standard or rule Q rrakrred pruning lerhniques srecifitd COU1ddbe mod'itied without posilug any"serious and Q Q Co'rs;rvctionofu[1litie fCAt, AIsOPosesomediftitudt Inhminent"a.ireneaffeCLl fso,thestandardorrulemay I,solsing tree Protection,Trenchirl 'r ld grading be waive4f.Any inicrogency eonnicts or disagreements 1 ye,/ :IKt,!ewer,andelestrlWllilloo con;% I 'A"tfecere tire referredt otheCIt1 ,nanager for resolution,"A :e to the root systems of eyltting tretr and load to further Prot Won of$ht urdinante that has much to most 1V,jLlife$All CRY gtstothe4tyarrborlstlfor Vining utilite systems and rii,tting their location can re%iew if theft isrolods w•III involve the removal of ' c„along tsav in avoiding eontroveates.Columbia, prolecltd trees.Whitt theorborist dots not have veto SECTION 16 Page 24 io 32x � Q x 6 I ,YOfP SM 0 vsssmrw i E Power,problems can often be Avoided through changes Affotestatlon early in the project design phA104 Afforestation,whose dictionary meaning Is"to emptEons convert open land Into forest," Is a term that is poplping Most tree conservation ordinances provide a Variety thelmore common requlremenlpthatt it developer pro ect of exemptions,IArgely to reduce Administrative burdens. existing trees or replace ones that Are removed during r t Some of the more common are noted below. Each In Its construction,afforestation regulations require that open ' particular circumstance may make eminent common land on A site be planted with trees to Increase the i sense,but Communities should think carefully about the overall vegetative cover.Such a requirement is not cumulative impact of such ex emptions.if wooded area necessarily related to any prior tree removal by the I Is Already subdivided Into small residential lots,but not developer or previous IAndowner, yet developed,a blanket exemption for sites less than five acre. rrAy result In severe deforestation And toss of pr bably the mo91akgrestsive efforeststi ncrequire.contains habitat.Similarly,wholesale exemption of siiviculturAl ments In the nation. For agricultural And resource + practices may result in the destruction of trees along areas And medium-density residential development, ! scenic byways,when a modest buffer requirement that "tracts having less that 20 percent of The net tract area would not unduly hamper forestry operations might in forest cover shall be afforested up to 20 percent of have been preferable. The net tract AreA."For commercial,Institutional, I Residential Many ordinances exempt small-scale And mixed,use.And high-density residential areas, the single-lot residential development.The Chapel Hill, Afforestation requirement Is i5 percent.The 1 orth CArolina,ordinance Is typical in relieving single- Afforestation requirements muster accomplished The fished And two-family dwellings on individual lots smaller ithln one year or twogrowing seasons After the JI than five Acres of compliance with tree protection clotnpletion of the development project.If Afforestation provisions.Similarly,Tampa,Florida,exempts cannot be Accomplished on site, it may be done off silo; expansion of single.And two-family divellings that do if off-site offorestAtion is not feasible, the developer has not Increase the total floor area on A parcel by' more than the option of paying money Into a state Forest 15 percent ordo not exceed A cost 04515,m.,Gibbsboro, Conservation Fund. Under the law, local governments New Jersey, allows Individual lot owners to remove in Maryland had to Adopt forest conservation programs ` fewer than two trees At Any One time or Six in Any one that meet or are riore stringent than The requirements year. And standards of the state act by December 31,1992, �Agrioni, TaV varying dg degrees,mariv ordinances BecAUse of its recentenactment,there Es little experience aft agricultural,ul varying degrees,many ry,Anan<es to draft upon to assess theeffecttveness of the Maryland npt Agricultural,commercial forestr •,And Y requirements. cntection l nurseries from complying with tree A few local ordinances also require Afforestation, protection rcpt provisions Some,such a Alachua County, although that term is not specifically used In the Florida,exentptactivitleslike agriculturegenerallybut ordinances.FAirf a%County,Virginia, has Adopted tree retain protection for specimen trees. A few local cover reputations that rel wire"All developments governments have Tackled the difficult Issue of regulating commercial forestry operations(although, to luEr;ng submission And approval of A plan shall Include the preservation nrrd idmairrg of trees on site to in some states,local reggulation may be preempted) the extent that,at maturity of 10 years,minimum tree by prohibiting or strictly limiting practices such As cover shAlt be provided As follows ,,(percentage tree retained ing And giering elands of trees to rA corer requlrements vary by type of developmenil." retalncdonsite."Others exempt forestry operations (EmphasisA%1ded,1'� ` from tree preservation requirements,but then prohibit In Its Hill Country Roadway Corridor Ordinance, Approval of Any development on the site for a specified Austin re.julrei A 100-foot vegetated buffer along period (e.g„five years in Prince George's County, designated highvvays.ln cases In which the buffer area Maryland). "has previous Ily been substantially d is l u rbed,^It must Parcel size,Many ordinances have A compliance be revegetAted with native trees,shrubs,and grasses, cut-off based on the sizeof the proposed development In some tray's, the AfforestAtion requirements seem (e,g,In ColumbEA,Missouri,and AlAcbua County,A morel And perhaps stringent In that developers are development of two Acres or less is exempt).The fequlred to take remediat,Affirmative mea to AlachuA County ordinance exempts commer<Imeasures correct WoAtions they did not necessarily create.On the forestry operations only If they are At least 10 Acres or other hand,they might be viewed as being no different greater In al size. than garden-variety landscApe requirements that Spec(al features.A number of juri,dictions,including practicAllyererycommunity Ms adopted(e.g., 0 7 FAWA.xCounty,Virginia,Allow exceptions to tree cover requlritg a minimum number of trees lob,planted In e requirements for recreation Areas,retention ponds, parking lot).TypicAlly,these landscaping requirements utility easements of 23 feet or more,and on-site septic Are Imposed even if the site never grew A blAdeof grass 7� s msp in the pASI,let alone trees,from a legal standpoint, eased/dAngerous frees.Almost all ordinances AfforestAtioa requlrentents cAn probAblyy be fustified on c to exceptions for the quick removal of d(sessed aestheticand envlronmentAlgrounds. fn the long run, trees or those that constitute A threat to the public health havever, the success and Acceptance of slfforetalion And safety. requirements will nodoubtdepend largely on how SECTION 16 Page 25 d, -- r,4 � D 32 xl ❑ S 1 much of an economic burden they impose on the development community, y P s m ethics conservation.tocwards tree Or the choice maybe made simply because an agency has the YsM I N I ST R ATION resources and staff to carry out the job—often true of s tree con servationord ins nces become more public works agencies. complicated and stronger from a regulatory perspective, It'there Is a trend In this area,The tendency is to select administration t.ill become Increasingly Important. planning and zoning departments to undertake Indeed,if experience with other cutting-edge land-use administration.sophisticated o This is particularly true with ke tree Programs is any Indication,administration will likely e sophisticated ordinance that attempt v make tree A key to success.Experience shows that tree protection conservation an Intogral part of the development design ordinances, like most modern land-use controls,Involve and revtec. process, Indeed,lf tre conservation is to be a great deal of negotiation and give-and-take lsthe dealt ivithdurlmg the site planning process,as is administrative process.Often,specific standards are becoming more and more common, It department aseh to only the starting point for dickering behveen a designate the planning and toning department as the developer and staff,Adroit administrators who are keeper of the Irees. knowledgeebl e About arborlculturepract lces and who The pprimaryconsiderations that communities wi ll understand thedevelopment process and its demands typically look at In selecting the appropriate will help smooth the potholes that Inc%Itably develop administrative agency are: .luring any ordinance lest drive,Administrative as CIS • Requisite a pertise and sympathy towards ordinance of tree conservation ordinances run a gamutof topics: goals; %%hich agency should administer the processona day- , to-day bests?; What kind of staff txpertise is necessary?; Staff availability and administrative staff support; Should a citizen revietvbody beestablished,and,if so, I The structure of the ordinance(what Is being what Is Its role?;What kind otgr)evanceor appeals protected and how);and procedure might be ex ec ad,local s The ordinance objectives(erosion control,"esthetics, As might es expected,tonal governments have wildlife habitat protection,etc.) nnstrered these questions In almost as many different trays as there are local tree conservation ordinances, Despite this tremendous variation In approaches,there NO matter which agency is selected,experience are some common threads and trends thatcan het demonstrates that there Is usually a significant amount inform other comm uni ties that ire drafting new P of consultation among agencles during the review nancesor revising existing ones, pratess.The 1954 survey of local tree programs revealed that, In almost 50 percent of all cases,the primary rcevlet.dng Agency Staffing administrative Agency Asked lot c mmenisand Responsibility for administering tree conservation assistance from other aggencies In the review process. In ordinances,according To a195-Istudyoftretprograms fact,onircreasingnumberofcommunities require such i in metropolitan areas,Is usually vested In one of four refersl and comment in the tree conservation types of agencies" ordinance. As will be discussed In greater detail In Chapter 5, Planntn nndZonin (as in Chapel Hill,North adequatestaffing has todatebeenasho0cominggoI CarOlna; ar tty, fah;Prince Georges County, most tree protection efforts Only a few,mosttylarger Maryland;and Sambel,Florida); jurisdictions have a forester,arborist,or other professional on staff with apppropriate professional Parks and Recreation (as in Austin,Texas,and credentials to oversee a sophisticated Iree protection Tampa,Florida); program.Suppport for this person Is usually limited or Public Works(as in Columbia,Missouri;Fulton nonexistent. Mood, one studyrevealed that the most Count)',Georgia;Piscataway,New Jersey;and common opponents of local tree conservation Pasadena,California);and ordinances were not developers,but ratherstaff members who felt that there were not sufficient I Environmental Resources(as in FalrfaxCounty, administrative resources to make the program work.b Virginte,In tandem with the public tvorks in recognition of This staff problem,some Jurisdictions department, rely heavilyon mandatory reporlsand evaluations that must be submitted by developer consultants who meet The reasors for choosing one agency overanotherare professional training eriterla Under the new Maryland often peculiar to a specific community.In some towns, Forest Conservation Act, gLest JAoxiAtits and Parks departments are given theassignment because Conte " t 1 e are!b ` ua Mid O O r hey have been responsible for the tare of scree!trees y`riTess ortals'indudlnR lice n ed an scptarc ects, nd, thus,have some experience. In others, Icensed foresters,as ee cer a n il, ri mvlronmenW r,agementor public works agencies _ ucat on an e�+!�ir�ce standards sve e �f elected bec.,.seof their duties iota it rig to # vater management or ero$ton con trot,often key the rjurtsdlcIlons hA vt take n the Ila me a pproach In Ives of Iree cornservatlonord ins nces.In other moni tort rig at Itdevelopmenl.Given the shortage of n31Ances,a partl cuts t agency Is aelecled becsus#II is field staff to conduct suMcloston•1tic Inspections rercelved as having the requisite expertise and If u ring cc nstru ction,WeIItits are requiring training of SECTION 16 Page 26 _Y• - - - ..N x 32XID , I s O S , 1 • the developer's employees to ensure compliance with members.Duties of the board Inudeadvising the tree protection measures.Iit Chapel Hill, the local Duties d ordnance re uires the devt dtrectorof parks on the etablishmentof urban forestry qloprnent applicant to programs,regulations,and the planning,promotion, • designate a"Landscape Protection Supervisor" who and guidance of the urban forestry program,The board must receive training in landscape protection techniques dots not have regguletoryorresiew powers. and then take responsibility for ensuring the rotection Boronilfh of GfbWOW,NeW Jersey,Ent,lronnrertt"l of existing landscaping during construction! Corurnlrslon.This fiyrperson commission Is appointed RevlewlAdvlsor)•Body by the mayor to review all applications for development htanycomtiunities with extensive tree con servation teeremosaiorgretocation.Thecotmmissloniholdslpublic programs have created special citizen review bodies or hearings on such applications and makes advisory committees to assist policy ordinance recommendations to the planning board or toning administration and general policy setting.Some are board of adjustment.One member of the environmental advisory only;when have statutory authority to reviess' commission serves as a member of the planning board, development applications or hear appeals from staff Austin, Texas, Pl"rurbrg Cwundssfon,The city decisions Other local governments have em lot'td ekistin planMng commission hears all appeals of adminlstratirt F g Recisions the director of parks and recreation. bodies,such as tanning commissions or parks and recreation boards, to oversee ordinance ad ministration. T he following sampling gives a sense Of the man There area number of slgnlflcantadvantages In possibilities. Y es ablishingan Independent tree commission toassist in Fairfax Connfy, Virgfnln,Tree Caurufssforr A 14• the administration of a tree protection ordinance. From a member tree commission,whose purpose it is to advise Practical perspective,commbsion members will brine a the board t eep roti ctio makes an annual evaluation of n de eloping table,whIch should policy,They will also the county tree protection program,disseminates technical information and educates the public,and provide a core O!knowledgeable advocates for tilt P program and a good deal of energy that is often :,ssl co missi n illdevelopment" vloror technical standards. esserlial to the success ofanV land-useregulator•effort. The commission has no regulator or appellate powers. From a legal perspective,haying a broadly base{ Nine members are chosen for their knotrledge In commission with professional expertise can bit very Are frjIl Oche or related fields. Fi,a ek•officio member valuable if the Ordinance standards or procedures ors are tram ether local and stotoAgencies. a e challenged in court.This is particular)}'true if the SmdLel,FlorrAn, 1•eyeratl04 Conrnrirtee.The city commission renews applications for tree removal and council appoints a citizens vegetation committee that is site plans or has the authority to hear appeatsF actively incolvtd in administering the city vegetation In establishingo separate commission,care should br protection program, Including conducting on-site taken that thederelopment review process Is not Inspections and making recommendations to developers reedlessty extended orcomplicated or that tree There I hO"n'tts ordisturb,mctandreplartingplans. Protection becomes a backwateroutof the mainstriiom Therelsno set limit on the numherof members or ofcommunityplanningandd¢velopmentdecision.. specific qunlifications.Cunently,there Art 16members, Tree commissions and review boardsshouidmalntain Of which 10 to 12 are very active. The committee meets Bose contact with other entities if S.,planning once a month and conducts site Inspections hvice a commissions)to ensurecoordinalton of w•hatshoulcl K, week,or more often as necessary•.The committee Is supported by two staff members complementary efforts.. Tampa, florid",TretBO"rd of Rrvterv.A seven• member board appointed by the city council inciudes at Review Local tree conservation ordinance provide feast one arborisk one horticulturist;one Attorney r Y specific procedure to guide applicants from their Initial architect;a landscapearchitect, a building contractor, submittal of Information and plans to appeals of staff developer,or civil engineer;and two members of the decisions.While theseproeeduresdiffer widely,a general pubiic.The hoard has authority to reviles, any common element In most Is that,no matter holy exp�licit Order or decision made by snyadministrativtolficta common element In most Ishha standards mat to otv e,x led, regarding enforcement Of the tree ordinance, It may also there is a good deal of negotiation that will take place grant variances, before a permit is issued. has asrn3ne melmber board,$h m�tmb of which Board. hare city SubmisslOn rtquiremenla As diseased In drim appointed by the city,manager,Members must have a regalreleubmitst et o1 deta0ed site tree nventories or ordinances deources.Theb ardAct$I anocitionandnatI suntysas artoftheapplimion process.others may resources.The board aces in an adctsorycapxctttyy to the requlrea visual assessment of the proposed city.Two members must be working In the flelds of development,(Ste Appendi.e A.I This Information arhoriuilture,forestry,horticulture,or landscape Provides tot,(Ste Ap a dix A. This I fn oration ( PC'*,Or tubli two In the fields of from the management permit decisions.Somtcommuntties may also require or public relations and two from Iht community at detailed reports and studies by qualified professionals 1n it.The directors of the city planning,public works, as part of a comprehensive tree conservation Ian.Mot and city engineering departments areez otfielo communities also require common Information,such test SECTION 16 Page 27 32XI ❑ 1 Emma I location and sire of the project, the applicant's name and found that 94 percent of applications to remove ordinary business address,and similar details. trees and 84 percent of applications to removal special rrrmit re_ t _ ,_ ems nl;The trigger for virtually all tree trees were granted"On average,only 1.5 percent of all [\ servation ordinances is a permit requirement.Some denials were appealed Of course,many approvals are squire a permit that covers any activity that might have granted after significant negotiations and changes In an adverse impact on a tree,Including removal, development plans relocation,and pruning;others make approval of it tree Most local tree ordinances Allowsnyone to appeal a protection plan a prerequisite to obtaining a general decision by staff or other revlewbody,although a few development permit.The latterapproach has much to restrict this privilege to the owner,applicant,ors party recommend it In that tree protection then becomes an directly aggrieved by the administrative decision. integral part of the development process rather than an independent consideratioh. It the trot pem,ltapproach STANDARDS FOR PERMIT REV WS is adopted, the local government must make sure that As tree conservation regulations bew,ne stronger and tl.. permitting process is carefully coordinated with broader In scope,we can expect them to come under other development approvals(t.g.,through a permit greater scrutinx,and be the focal point of court trackingsy>stem). challenges. W ilethe trend among mostlocal Fees. Most local ordinances require some sort of fee to ordinances Is for greater specificity in permit review be paid for permit processing,site inspections,and standards,some still are quite vague• For example,one Appeals,although typically they are quite modest and community's tree preservation lawslmply says that do not begin to cover the cost of administering Cie Permits can be issued if the steps taken by an applicant program,For example,Gibbsboro,New Jersey,charges to protect trees are In accord with the Intent of the only 525 for a permit to remove from three to 10 trees ordinance. Another has rigorous tree replacement and up to$100 for up to 50 tree$, Many ordinances requirements but contains no guidance about where exempt government agencies from paying such fees or those trees are to be replaced on a site.Staff is given waive fees In the case of a permit to remove a tree total discretion In this area, deemed to be damaged or diseased.An Interesting While court decisions In tree preservation casesand approach to fees h is been taken In Brossard County, most other areas of Lind-use law have been very Florida.There,all fees and fines from protection and favorable to local governments in upholding tattier planting programs are deposited Into a Tree broad review standards(as discussed in Chapter 3), Preservation Account,which Is separate from the fairness and regulatory efficiency dictate that local neral fund and is used only for tree planting on public ordinances contain clear standards that result in pert. Fredictabte decisions by staff and reviewcommissions, A second charge sometimes assessed by local and that limit adminls!rative discretion.This Is not governments Is used to defray the costs of any studies or niways nn easy task,given tl�, recurring tension evaluations necessitated by a development proposal between using detailed,precise review standards and Notice requirements. Itt many instances,notice the need for Ptxibility and administrative discretion In requirements for local land-use decisions,including tree dealing with developments that can vary greatly from I conservation,are covered by state Statute euause or case to case This section discusses some of the better their kinship with other land-use controls,it is not review standards no%,being used around the country, surprising that Police requirements In tree conservation pointsout weaknesses In many ordinance review ordinances are very similar to those found In most provisions,and concludes with a discussion of the inning ordinances" For example,some communities knotty flexibility Issue. I j require notice of a proposed tree removal be given to all prc,rertyowners within Acer taindistanceof the site— Permit/Plan.Review Standards say,1,000 feet.Others require the posting of the tree Local tree conservation ordinances ggenerally take one " removal permit application on a conspicuous site on the of three approaches to reviewingdevelopment . property.Newspaper publication Is another option applications.Some,particularly those enacted in the common to local tree ordinances. 1970s and early 19$0x,focus on specimen trees or Appeals. Appeals processes in tree ordinances are require trees lager than a prescribed sire to bit retalned. quite similar to those In most lard-use end zoning laws. A second generation of ordinances contain requirements Typically,a staff decision may be appealed to an for maintenance of a specific percentage of tree cover on Intermediate board. In some Instances, this may be a tree a site.A variation of thissecond generation requires commission made up of qualified Indls'Iduals In other approval of tree conservation orpreservation plans that instances,the appeal may go to a planning commission ere quite broad In scope.Each raists its own peeulliir . or zoning boardd of adjustment. In most cases,a final Issues regarding standards. Q 0 Appeal can be taken to the local elected Iegislative body First-generation tree conservation ordinances prior to formal court action, typically contain very specific guidance about what type In practice,there are eery staff decisions that are or slze of tree Is to be protected and under what i pealed to administrative bodies and even fewer to the circumstances.Forexampie,Piscataway,New Jersey, r1s.1he reason Is quite simple most tree removal requires a permit for removal of all trees having it plications or tree plan permits are approved.For diameter greater than three inches measured at a point example,a 1984 study conducted by the University of one toot above the ground.The director of public works Pennsylvania School of City and ReglonaI Planning may grant a permit according la this stendafd; SECTION 16 Page 28 1 rs i :r 3 2 X , s reaae�. : i c „fter making the Inspection he shall at all times give provide no guldance whatsoever,the result being that .:eight to the basic intent of this sect,on,which Is to staff has significant discretion In selecting such areas or 'n healthy trees lnthe to%vnshlpw'herever the developer chooses with little regard to aesthetic, nabl}'feasible. environmental,or other considerations.The better ordinances set out guidelines to aid In this process. 13) itself,this standard would not likely pass judicial For example,in Prince George's County,the technical sorer.What does"reasonably feasible"mean?Thus manual that helps Interpret the local tree protection law r ordinance adds some additional review criterla; pro"ides specific priority areas for preservation, Subject to the foregoing,the director of public works Including t ooded floodpiains,wooded ivetiands, shall not recommend the granting of the applicatior stream corridors,and slopes. unless he finds that one or more of the following Falr1A%County takes a simllaropproach,$ruing conditions exist priority to the protection of floodplalns,steep slopes, a. That the tree is located on or w•hhln 20 feet of an and wetlands.Additionally,roadways are to be located area that%viii be used fora building,recreation %,-here they would cause the least damage to"valuable" area,roadway,drainage right•of•%vey,or utility stands.Other considerations spelled out In the Fairfax easement. technical standards for selecting trees and other I,, That the tree is diseased or dead or that iris likely vegetation to be retained lndudc to endanger thepublic or An adjoining property Gradiir Proximit of proposed radio owner, 3 y F Po grading; Totera rre to rrewenviromnental eorrditionsand These additional reviewstandArds provide the type of listn,bance. For example,whether a tree has a ecifie guldance that will provide adequate direction to strong tap or fibrous root system versus a weak y Applicant find meet any judicial challenge.It one; pears to be particularly well•adApted to small mmunitiea with tow staff resources to undertake more Wiler tntle.Impact of grading on water tableand phisticated site analyses.On the other hand,a consequent impacts on tree survival; asvback may be that the local review official appears O„tetaudioi s)xcinwp;r .Rare specimens or thoseof have little discro;;on in dealing with cases where the unusual size should be preserved; Moot setback does not make sense for topographic or %er reasons.Also,the ordinance could be Improved by App aronce.Presery a trees with well-developed pecifie standards for hardship review and relief, crowns and form; her example of An ordinance that contains rather Wildlife wfnl.Retain trees and vegetation that arse review standards comes from Austin,Texas.The provide good cover and food; ,ndard for re,tew of on application to remove a orated tree on private property reads like thisr Odwr vegerWorr.Trees that have been standing The depnrtmentof parks and recreation shall approve alone Are generally n%ore valuable than those In a an application. ..when...a showing Is made that woods. Are many other of thesame species the the is 5010cate11 to prevent reasonableaccess to present?; the property offs to preclude reasonable and lawful Coruforl. Will retaining the tree help provide shAde useof the propertyY from the sun or shelter from the wind given t}tt Nowhere in the ordinance Is"reasonable access' proposed uses of the site?and rther defined.The applicant(And the regulator)must r•u7t1 Jdisra?e. Is the tree healthy?Is It species •o guess as to what is "reasonable" use of the susceptible to pests and disease?' operty. Does It mean that As long as any other rasonable" use is Allowed,a development proMAI The Tampa tree protection ordinance also spells out, n be dented?Does"reasonable" mean economically In detA11,standards for reviewing removal applications tsible?With only A small amount of Additional effort, and establishes certain minimum coverage percentages. ase broad review standards could have been The standards consider protecilonof wildlife habltat; rrowed and further refined,either In the ordinance or effects on ne!SMouring property values;Impacts on Adoption of administrative guidelines.In an groundwater And existing biological or ecological dinAnce that has a number of progressive provisions, systems;and other factors like Access,public safety,and rticularly with respect to coordination among city health of the tree." Andes,It Is a significant shortcoming. These standards are a Good starting point for any Amore Common approach among ordinances community considering the use of mIn mum coverage O opted during the last decade Is to specify that a requirement or limits-of-disturbance approaches that are nimum percentage of tree cover or canopyy one site ggAlning popularity.Of course,the standards will need to A�e preserved,often nn a sliding scale depending on be refined and adapled to the specific topographic, erl}tng toning of a site.(See bon.)Again,such environmental,and other characteristics of a tcAI standards are clear And put the ordinance on community.In the wIt.tern United States,additional 4 'irm legal footing while still providing Ieeway for standards for helping determine which trees should be gotiation.The problem emerges in deciding where on protected might address considerations like water c site trees should be preserved.Some ordinances conservation,fire protection,and wildfire prevention. SECTION 16 Page 29 4 � 32 IO Canopy Retention Standards The following table shall be used to determtne the minimum amounts of woodland canopy that must be retained during development on wooded lands. Canopy cover may be dots rmtned using any method acceptable toth0 approving authority. Base Ltne Caneov Cover Column Column Fri 80•-100% .75x base rime canopycover 65%canopy 60-77% .80x base lime canopycovee 51%canopy 40-59% .66x base ring canopycover 36%canopy 20-39% .90xbase ring canopy cover 19%canopy 19%orless 1.Oxbase7nscanopycover — a Example. For 505:base line canopy,the minimum atloweb!s canopy after development would be the grealer of Column A ( !5 x 50%a 42.5%canopy)or Column B(36%canopy). In Ill case,the m inimu m of lowab!e canopy else r developm on[would be 42.5%. Retention standards shall be applied to retain slands of trees and undisturbed woodlands In peority over individual specimen trees that will be incorporated Into the development.No more than 10%of the canopy relenllon standard may be met by Individual trees no!Included within designated wood ands. Source', Californto Department of Forestry and Fire Protection,Urban Forestry Program, 00dNmes for DevoAWng and I Evafuaring Tree Ordinances,Sacramento,Calif.,April 1991,53. I RePlacemenlf\litigation Standards Finally,there Is noguld,ma In the ordinance or Incressingty,provisions in local tree conservation technical regulations to determine where replacement s require replacement of an m y removed Irees on site trees should be planted. �,.r some other form of mitigation,including off-site The othenyise excellent Austin Hill Country Roadway planting and cash contributions In lieu of replacement. Corridor Ordinance fails down In exactly this same area. Most of these requirements are based on very specific Theordinance hasstrong tree protection provisions and numerical standards governing the number of trees to requires tree replacement In certaln Instances.But the be replaced. To the extent that these replanting replacement standard is vague "(Tlhedeveloper must requirements bear some reasonable relationship eo the compensate by planting a sufficient amount of native number of trees removed, they shrxild withstand species mentioned above within the disturbed area that Challenge."For example,the ordinance an require will reasonably compensate for the loss of existing more trees to be repianted than were destroyed If the Irees,"Whiie this prdvislnn does provide some advice replacement trees are smaller.The logic Is that some as to where replacementsshould be planted,the trees will Inevitably be lust over time; the remaining operative terms"sufficient amount"and"reasonably trees,when mature,will compensate for the removal of compensate" are simply too ambiguous to be of much the larger trees Again, however,some ordinances#ire value. oterly vague about where the replacement trees should Contrast these Inderlalte,ambiguous standards with be Ir +tad and what kind and sire they should be. those from other ordinances.The Gibbsboro, New 1 ne Alachua County standards fall short from several fersn,code not only specifies the minimum sire of perspectives. In addition soother conditions for replacement trees(1.5Inches measured six Inches above removal,the ordinance states that"the applicant may be the around),but sets forth moredetalled criteria for required to relocate the trees proposed for removal or sefectionof nets trees and for determining which trees replace the removed trees with other trees elsewhere on shall be retained or removed:" the site.Replacement trees may be required on it more than one-for-one basis if the replacement trees are 1. Positive criteria: smaller than the tree being removed."u The first a) Aspecies that IslonS-lived; 0 Problem is that the staff is given complete dlseretlon to b) A species that Is native to the area; require relocation or replacement without any standards cl The hardiness of the trio,induding,but not t0guide their action Second,there is no limil on the limited to,wind firmness,climate requirements, •ber of replacement trees that can be required or any and the charactefticsof the soil; hmark Ihat could be used to determine the trade-off d)A spades with food aesthetic value,Includlnj tween number and sire of replacement trees.This auturraal Coloration, flower and fruli types, could have easily been spelled out in aiiiiidelall. and tree shape; SECTION 16 Page 30 - � - � 5 32x ❑ 1 . 5 t Ir l t ' MCARqLMLA�ffiqlaLomoML-mm a>sa�arc r r i , e) A low incidence of exfoliating bark branch drop,and pruning; for a developer who must clear a portion of a site.The f) Thtprotection of buildings from wind,sun and developer may use selective clearing and supplemental rother Climatic considerations; Tani In&on-site afforestation or reforestation,using \V rho encouragement af wild III*residence, Pargeorsmallstock;Lendseapin under an approved h) The suitability of slteat Ina turity to the tree's requirernen�iaaEach of these options Is ion ona to nedbyte function; criteria specified In the technical manual.For example, r 11 The abilily to retain soil and controlerosiory ornamental landscaping can be used to satisfy the It The ability to reduce notse. Woodland cover requirement,but it must meetcertaln 1` gWtivo criteria: guidelines regarding minimum planting area (2,500 A) Susceptibility to insect and disease attack and to square feet),number and site of trees and shrubs,and air or mater pollution; long-term management and maintenance, b) Existence of disease,ror,or other dama damage where site constraints or other factors militate against Individual tree, g replacement on or off site,some ordinances otter the Option of the developer making a cash•En•Ileu Lake Count},Illinois,a developer can ciearmore contribution to the local government that Is equal to the than other isepermtttedundertheordinancelfthe costolrep3acingthetrees,inciudinglabor.T P sing standards are satisfied:$) approach is widely used by localities that impose im act fees for schools,parks,roads,and other infrastructure new woodland area must be designated on an Improvements necessitated by a development.Key legal �lorested portion of the site.A reforestation plan requirements for establishing and using such funds are ,st be submitted$.9th vegetation of a type that they be paid into se arateaccount dedicated solely ;npatible with native vegetation on the site. to the purposes for which the donation Is made,and that c new woodland area must be at Ieast 1 2 times the pu pose within la reasonable ti for the dedicated Mace acreage of the disturbed area, nt materials must be supplied on a pet-acre basis Economic Hardship ording to specific criteria that vary dependin litany free ordinances Include clauses that allow tree g on removal where the applicant can demonstrate that size of replacement tree o g„five canopy trees denial of a permit would constitute an economic acre of caliper),lour-inch caliper or 10 canopy trees of hardship.The Pensacola,Florida,Land Development ' ihcaliperl, Code provides for issuance of a tree removal permit County,Georgia,also offers specific guidance w hen 'the tree would otherwise Impose an iing replacement and mitigation. The quantity of unreasonable economic hardship in the location of *cede trees must be sufficient to produces Iotal proposed structures or facilities.” Similarly,Tampa's •ee density factor"of no less than unit tree protection ordinance requires graniirg of a tree necessarily equal to one tree)as defined (a unit removal permit if"the protected tree Is located In an ned In area where a structure or Improvement Will be laced istrative guidetines.)'Detailed standards are and,11 not removed,will deny a beneficial use of the ed for transplanting and selecting quality property." Fulton County's approach mirrors these two, *cent stock. Specimen par must be and quality by Wlih somewhat more detail With potentials for comparable sheand quality. , s the only questionable provision of the Fulton Trees are nor to be removed In any prottcted tone guidelines relates to where the trees should be unless the owner/developtr documents on economic 1 and spatial constraints: hardship If the trees In the protected ton*wore to be rt the County Arborist has determined that site preserved.S,ild documentation shalt be submitted as At conoraints result In on absolute Inabllit to fppartOf the application fora Land Disturbance Permtt, . de tree density,as many trees as possible must be Nothing*n then ei of regetellon In yeconstrued to ed on Of The remaining balance of required trees undisturbed buffer required by toning regulation&k r be prodded for planting on public properties 1, this standard Ieaves the count nrborist with Toythe extent that these clauses are designed to be I scretion on placement of re lacementtrees and vAild under the tarking relief isuse(see Chapler3 discussion), 1 p latively little guidance onthe Issue o fs spatial t nts.while the goal here--to provide some still appear to be onerous and might cause political e to developers k t e Laudable one,It would not Problems, on tEl It definition of economichard;1p and sspedly in O • le difficult to link the r spatial constralnt standard greater detail the Informations developer or property red industry norms for tree spacing.with ossner muss submit to establish an undue burden. 1 ordinances,vI S this could standards done simply by It these clauses are Intended to het the locality 'vingguidelinesorstandards ascertain when application of a regulation might :elyor by legislative acd,p possibly give rise to an unconstitutional taking,their r s 10 m e t County, Maryland,provides ir range language should be much more speciflr.The operative u to meet site woodland coverage requirement standard that can be distilled out of cent U.S.Supreme SECTION 16 page 31 32 X , r f 1( r i j i 1 . { e Court cases is that a showing must be made that refusai eonsi,ier the tr,Qcon.like those posed above.In this to issue a permit would deny"all reasonable part cul,,r Ins'ance,stecper slopes might be allowed if j o,nlcally beneficial use" of the property.Simple the de%vloper certifies the are safe and takes steps to ,nomic hardship"is not enough.Furthermore,the ensure+eg.;atiancan grote onthem" ordinances should be far more specific about the Ea;h con. mion c trill have to bem.l, the desire for documentation required to establish a denial Well fie+tb !ity A ainst the need for certainty.Flexibility in reasonableecortomicuse—Informationaboutthe ordinan:eadmini>to,tioncan lnsoma instances result in feasibility of alternative develop merit Fla ns,the current too mush discretion being placed in the hands of staff, value of the property In relation to the original cost, Indeed,as n,auy developers complain about the lack of current property taxes,offers to purchase,and similar cert,,inty in onf na nce st,urdords and administration as facts are all nectssary for the Iocal government to make doabout the need for fie\ibihty. A reasoned decision about the economic Impactof the regulations In question)r CONSTRUCTION PROTECTION h1EA5UREs Moil FPphldtlidled local governments have come to Standards and the Flexibility Issue renllze that desigarting trees for protection by strong A recurring complaint from many developers Is that s!Andrrdr k only half the bride.The best standards land-use regulations Art"Inflexible" and do not give bring irnp'•en etited by the most sympatheticdeve:oper enough leeway to respond to site conditions and other can be undermined In An afternoon of careless Aspects 01A project that are unique.ins recent construction nok it:es on a sits. BAIdoring near a large publication, the National Association of Home Builders tree's roots,d;cging tuility-trenches,dumping and cites a case from PrinceGrorge's County and the City of con ins construction wastes c104 toe tree—all of these Bowie,Maryland,In which the local governments Actionm can result in d,e de frcto removal of A tree that Allowed A change In grading requirements from three- %,as desigi o!e,f for preservation.The death maybe to-one to a steeper slope of two-to-oneas an example of slo,,er,bw it can be dust a+sure. how fled a administration of An ordinance can result in r better project that preserves more trees! The Cite of Borate Aflo+,ed 2-tu-t gradeslsteeptr gradedslopesi and,Inconjunctionwith the county, �'! -,�-`• r, tY it reduced building pod setbacks,AIIowW earl-de-son � ith rlonted islands, [eJueed street widths,and lived grassy s„Alts InsltaA of curbs In several areas .a largo subdit. soon under constrvcion in Bowle a„ called North Ridge.These conctisions Allowed many mort trees to bo saved on tht projecr and a special F•' ' >+'f�` rural atmosphere combren' wph the surrounding + .s arm to be m-lir lied..,,1 he nurrlber of Additional trees sevtd by the chongt in thegra,fing roqulrement . . !s rarticul•rrly noticeable. ftlany areas of the country require 1-to-t grades and could benefit from y, "'' •t alt'' learning hot% this requlrtmentelont affectstroe preservation.` Allowing steeper man-made grades within a project r�, foes Indeed allow more existing trees to be retained.On he other hand,in many areas of the country,graded wo-to-one slopes would be Very unstAble and .; •otenti,dly hazardous,moreover,It CAM be extremely s i 0 ! fficult if not impossible to establish any significant tgetation on such steep graded slopes unless more �r e%el plAnting pockets or terraces are required, Thus ,hilt flexibility may be useful fend an increasing x Lumber of land-use ordinances are Including provisions r lowing the staff to Administratively vAryrequlrerrtots rom 10 to 15 percent), local governments must carefully Fences or burrlende$n round lyres lobe prolecled en r evirolivrtlot File$itusl be shindy aid highly vblbfe,rid 1`11"ust be placed fit a Any that ensure Chit tilt :?t, prolecdtd area irourd the tree Is forge enough to protect y wry root tyFlelnF frorl SECTION 16 page 32 32XID 4 I i . • j r � t. O �r r ti- r osfa$afa A Minf-Direclory of Tree Protectlon Techn)queS —� ImpaclloTree construcgonActivlly MethadsRreetments to Mlnlrel Damage i [\ 7ranch and trunk Injury from equipment Fence trees to lndose low branches end protect trunk.Aepon ah damage ' pruning r promp"y so Arborisl can In a l approprfalely, O�orvarD'cdc4araneafor Prune to minimumnf igMIragviredpriortoconstruction.COnsidvminimum v F rght rsgviramen I of ConsIuctian equipment and am ergs ney vehicles over roads AM pruning should De performed by Inarbodsr,not by constrvction Felling vas tr comlruclion Brea Personnel, Require that ire a being removal be filed away from.rather thin into,tree Soot damage Strl P�oleclion Zones, abss PPin2srtaororginicIurface1 .1 Rtlrms.ippi1or40groundirsuMywoodyv►QStowl eremoed eSacentb9eestonmahsharAdbeMatgroand4velardnapuaWoutDy D OGmG into equipment or mar injury b remaining trees may nsu% whtte ba0in l4�r and kl og rpols SIOre Outside fenced protection tCells end Sway from root Son t.Place lore to y9eA Usoil,gravel,A% plasFe tarp,ailaw,prywood,or g Soler lie ma tetlst ban Ioth phe, 1 Subgradelafns�ruclluyspring Utoto Aiming IV$with 6SCOntin uo uffootingsfomainUinnaturNQrade es hr I postwe from tie$$ Excavate to hmsh Glade Dy M1and and rA expose,a rods u th a saw to avoid root wraneNimp and or a Meting by /quipmanl or last wiln rool-pruning equ'pmenl.Sol'beyond cut face art be removed Dy equipment Sitting outside the driprns of the trace, Subgrade preparelion forpevamen' Useparing materi$IS ngulringaminimum amountof e,uvetion(e.�., to intoned concrete trots ad or asphalt).De sign"I C pa name to wad heavy b ads sdjaclot to it@#%of,vy bad.DUdn pavemanl$nirmstavoidb Sae War;a!and suDgrole comp rgoo on),SpeciI minimum Subgrade completion under pavement within root tone,metal aeration pipes if necessary. ErcaysbonforloollnQs,wars, foundarana of sign wa rs'struc lures with dlsconlinvdus bollrryysand p4r lovndadons Ereame by mild else FMCOP fools Avad s4bfoundarons,use post•And. TrencKirg foe Utitiles.drama a betmloologs 2 COOrd�niN UUlr�yr.1gneM1 locations with inahttarOn[OnlraclOn.COMSOrdele ulikty "A"Ale irencht by nand in areal with roots larger than one inch diam L'tr,Tunnel under woody fools rather thin Cu Ming them.Curve tienchos other then using slraipht tines. vonD4 Compare/d sate drams for Q row n Fence trees to keep Ira MK and storage our a fool'area.In areas Or engine a red ledute 111@$$Isom MIS,t0acry m um c ompaaion(a ua!ly ESk)Y hid will not support e reduced root system structure pravds a storage yard and traffic areas for construcl'ro ,activity wail away from trot,Protect soh Surface From l,&wie comps Zion with 12 to is or woad chip mulch.Fohowing eonslructice grfieaf mulch Sprs,was te d Completed areas.Irl a era Lion vents. III sposat ice Q,pa'nl ot,fueq PCs'nolio on lances 01`0b4Ag dumping and disposal of waste around trees 1 Concrete r: Require immed ate cleanup of accidM lot$pill$. 1111 esheufandwss4dumping Desgna'/vrasht�r"a Gg pit led remove at lerCons'uaon,Ynecessary PalsleA4nb(hMbic4lo)eDPfedunder UsAherbicdessueforus eWound Ix isiong yoga to110naodfo%wdinaions Pavemert; Dn On te latOeG penlaw auriau o.er wawdace h uUkae peMous Paving Mal 611101110 g.,Intenockin b aeration vents in tmpenriou$paving. 0 ticks ui On end).Msbn Inadequate totl recnanngiurel"Iilfrog Aow; In someast it may be possible todesign syslerms toallowbwAOwa moisture ry?nck'n lab4,bwerg�debwsrfngwaler mroughnormal Stream argnmentsandprovtdeDypaseintoatdrm drains fa pate how bondllianS.Provide IupplemenUl Irrlgalbn in S t!mttar vdtu mes and Seasonal dlstnbution as would normah Eeceasott Undsrground Mow Dac4up;ra4;n A YOtcvr, moisture water table 0 FOS raced across; course$mulllweCiANMp4cedH p+a DahomdN bw few So Nl water is rot batted vp Woe newt'it N slevosom Of ha cuMR. 1 SM+dyPege0tochmW report fa groundwater eMn"llseeb set NJ Wall"Aid i W,net interest undogroumd tow, Lack of surface deairuQe away from tree Mors w ice J,ev l are 1:be mottled,make Suet Pat wets Will row ewepp Dail lie !. Dunk p a Nt N wnk Is"al eu lowest p0in0.1 t tree r fy"in a:W71 him lie DdQSOenoleatcledsoapt muwbeprovided from N bottom alMwit III stiadt""loorsre Deq�w�rrlw'lo'!rregUiedb mainlsm flying,flowers end our anaAOw•roo'ed owls V$e frt knn m kh"it of avoid landsupinp P Kneed—i-- M under sofa Set,a Uwe Plants gulf da eta"ire hgasen, TisrvvylWlde,nmovatafind$rg,p,.,p, Saw QrovpSadvl4ndYetwMn / ow air"single Doff Maintain N Fri a iiWi fill periormpo*Inthe ` Eaeesakepnn'ry Pnnsspay0,aspK4MhSWd1 0-1 06de-Werare m M nuMactuNMeW dbrg*4M And etCvery him ihool uce Fret City USA flulfein,No 20. SECTION 16 Page 33 3 2 X 1 0 1 1 , 1 1 rHedzsra A decade ago,only a modest percentage of local tree A circular area surrounding a tree,of which the center conservation ordinances contained controls to protect Is the«nter of the tree trunk and the radius Is the trees during construction; today,the majority address distance from the outside of the trunk to any point 12 ( s Issue,and many do so In great detail. Fairfax times the diameter at breast height(DBH),which unty,Fulton County,and Prince George's County points constitute the circumference of the critical root Tave all published technical manuals that are bibles for zone.The critical root zone shall extend 10 depth of anyo'.e wanting to understand the latest thinking on far feet below wrfaceground lever co_ protection techniques fur trees. In other words,for each Inch of tree diameter at breast For am•oranyco communih�serious about ensuring that hoes are protecteJ during constnt<tion,these manuals are essential height,the critical zone Is a circle around the tree trunk reading.The technical state of the art In this area is rapidly with a radius of 12 Inches.This formula will generally advancing.For example,fuse a few years ago,It w•as a result in a protected zone that extends beyond the commonly accepted practice to protect a tree by forbidding canopy drlpline.For example,a tree that was only six any construction activities or excavation within Its so-called Inches DBH would be the center of a circle with a radius drip)ine(A vertical lint extending from the outermostedge of IN feet. of the tree canopy to the ground).Today,the latest thinking Fulton County,Fairfax County,and Prince George's is that this old standard mAa ,not be sufficient because most County all emplo}'technical manuals that contain trees do not have a single large UP root but rather large detailed guldance on correct protective measures, network of smaller,shallower roots that extend far beyond Generally,snow fences,filter fabric fences,cord fences, the drpline. and temporary earthen berms can be used to establish This section examines four critical effects that the boundaries of the protected areas,Prince George's construction activities might have on trees and County's technical manual in particular stresses the discusses measures adopted In various localitles to deal Importanceof having fences that are strong and stable!° with them.It also focuses on some Important procedural It is not unusual to see flimsy protective fencing on aspects of Implementing construction protection construction site btownover by wind or pushed down technigaes' by runoff water,with the potential of tree damage then greatly increased. Impact Injurles)Aceidentat Cutting Prince George's County and Fulton County also both Almost all tree conservation ordinances address this stress In their technical manuals the need for highly moat obvious threat during construction—trees being v'isibte,legible signage to demarcate each protected area. necked by bulldozer blades,wires being strung on A quickly scrawled sign on cardboard by a construction aches• compacting of soil around the base of a tree worker,a common sight on some development parcels, ereby cutting off needed aeration and water),or the is not sufficient. accidental cutting down of.1 tree that was to be The method used in the Prince George's County protected.The most common requirement to ensure ordinance for establishing the protected area alsobears protection is the use of construction fences or barricades mentioning as one of the most sophisticated Approaches around the trunk of a tree or stands of trees.The most no,..-being employed In the country, It uses a formula effective ordinances focus on three main issuesi based on the assumption that the volume of a.tree's ensurin• that the rotected area around the tree is lar a canopy generally equals the votumeof Its roots.Canopy enough;�rqeciu ar nxg tha a pro eat a'Sturdy Volume Is calculated and then translated mathematically in nuraoie ann nicTetn¢ mat ' - teS- Into the radius of the root cylinder thatshould be are hl hl vis e. protected.(See following page.)The technical manual " sta is Ing the$let of the protective zone Is a critics also arts forth practices to help trees survive any consid¢retion.Techniques range from quire simple to unavoidable root Ions,Including root pruning top quitecomplicated calculations.Gibbsboro,New Jersey, pruning,fertilization,and Irrigation, is tvpico! In employing the drlpline standard for defining tee protected area 11 However,it includes Excavation several valuable measures In addition to banning Trenching for utilities and other similar excavations construction activity In this area.No trees being around trees can have a slgnlficantadverse Impact on removed on the site may be felled or placed In the root systems.It can remove vital roots,change dralnage Frotective zone,and no trees can be used for roping, patterns,and otherwise create conditions that can kill a cables,signs,or fencing. Importantly,the area around Iree.Where possible,most ordinances require that no the base of existing trees must be left open to provide digging take place within the established protected area. access for watersnd nutrients.This means no If there is no alternative,certain precautions apply is contained in the Gibbsboro,Newfersey,ordinance: Deciduous reel m r storage of matee t or debris, 0 r Deciduous trees must also be fertilized to aid in the a. Trenches shall be no closer to the trunk than recovery from possible construction Idamage. half thedlstance from the drlpline. Chapel Hill,North Carolina,uses a relatively simple b, Routs shall be out with char instruments to �yf t chnique that,*:cording to American Forests is gaining P er acceptance.The ordinance forbids any reJude the potential damage to the tree. 'struction or other activity within a'critical root c. The trench shall bebackhtied within the zone" withoutapproval of the Town Manager.Critical shortest amount*(time possible,and the soil root zone Is defined As: shall not be eompacle0l SECTION 16 Page 34 32 X I O r° f � f r �. O 1' 1 Relationship of Canopy Volume to Root Maas Radlus CANOPY VOLUME r V3TfRii CANOPY VOLUME = 51,019 M FT, Y a RADIUS OF ROOT MASS 66 FT a rRSr DEPTH OF RDOT MASS = 3 FEET .x011 Rl':/t in riniratb4urtnt rRiaaedrkr CNiXrvlwo k fill rkl%lopnrnt a,Prbirr GvrAv'r Cok,dy, Ma ryLl phd Perk a nd rnannina commbrl°n,stay IOW.E4. Many ordinances do not allow trenching but instead also smother the roots and affect their water and oxygen quire tunneling under the tree as a has rd p the supply.In recognition of these effects of grading,many ompanying illustration. If the tree has a tap root, local ordinances restrict severe gradechangts within unneling may be offset to one side of the trunk,if not, protected areas or require the construction of tree walls tunneling directly under the tree truly be the proper 111,11 help reduce harmful affects.(See Illustration.) 4 course. Fairfax County,for example,requires tree walls if Probably the best approach to dealing with site grades will be lowered significantly(more than 12 excavations Is theone being used in F,.IrfaxCounty, Inches) to create level ground for road or building Virginia,and Thousand Oaks,California. Both require construction nearby.These wells help toprotect routs that an overall s'te conservationor utility trenching plan from exposure and damngge!'If grads are to be ralsa�t be submitted fnr approval prior to starting construction, around a tree by filling wlth new dirt,the Fairfax This allows Stott to get An overall picture of excavation standards call for a dry well around the bast of A trap to activities and to Influence utility location$o that utilities allow Infiltration of waterend aIr and installation of can be sited Ina way that em AA ltee theireff4ct on trees, drainage tiles to facilitate drainage away from the trunk even possibly avoiding them ail together. end to avoid smothering the roots.LI btporou, In Thousand Oaks, the utility trenching plan must materlaisare specified for fill materials, ! contain the following Information: The pion must depict alior the following systems. Other Construction Hazards stormdralm,sewers,easements,as drains,gas There are a variety of thrtatening construction, lines,electrical servlce,clil Mond t,atermalns. activities addressed In several Ordinances,For example, Additlonalty,the plan must showatl lateral lines Fairfax County prohibits thestorege of hatardous serving the residents.,.,The plan mustbe chemicals wlthin too feetof a protected free,Other do eloped to avoid going Into the protected tone of ordinances prohibit the dumping of[Eqqulr e,Oche ctlon j anyoa tree on its path romlhestreeltothebuEldtng. w+stet(likeconcretem[xerwashwater)neartrees, ! Where II is not possible 10$Vold some encroachment, Another concern Is the setting of fires to clear O , the design must miniml:e the extent of encrachmenL" vegetation,Several ordinances rohibittht selling of fires near protected trees without explidt approval of Grade Changes 1114 local government. 9s most lay people,changing the gradsof the land or Construction Monitoring around a tree would not Seem to be awl for Every experienced local govemment staff member concern. However,grade changes might not only result Involved In tree conservation knows that the most , In serious darnage to roots through cutting,they can detailed construction protection standards will be of SECTION 16 page 35 y , u 32XIO r 0 a o .' � � �#t� r i �•t i 1 . e r� rl r ff I Tunnelling I I t t.lw7f i.r of Tv4 V � y L.e+YiiH• T✓+hf (C 4411) Notu: I. Mll ynoel CrRA M 01 eDOt 10 { CFfL` tu 9-ILL 2. fumel ehmod to 24 k+Cnee Seep of a rrinimO 3. WMn Iufytewtq Cirri lof Ine hunt of Ine I,to ' , ' '• . I I e. lvhen Ifano>r v lumel WOugn Ina c0coi roof sons, f Q L i r _r.. •fr •.: . �w wfKtla yr. a 045 NMrmwm Yw H or uftu+ 1 f e' , ur PIa•aT'n p H ,. uA rnw - t11641y lovPNIWtvH j Ilk � I lf,- evAt.eorWfT �r � i L4wfH e''fJN+ate II'�rq.rTOww Saar nr.hlrttupoliu n Waehine ton C0lm4it of Owtmri fm rf{o:aravfb•i W'I'of,Pupated kr N IAD L+n6 NP,trtmenl of Natural Raoune,,DeamL"n 31,1991)ill Qradlnq noua is, Siope oealmenc In adCGon to Standards fat forth In the argues wDSedion,71a lofiowinq rawlements shell apply to an Sleep elopes witldn M Puttwey Protedlon Diskkh 1.Graded or Mod slopes Shan be limited to lnirgr-"f `e Qtd A.f>,o r t MISS wwoh )23)Percent or lees a$kxkated H Apre U.&Me cw MOt ewmAn,VICIfAY00 of Menty $125)parCem of$055 are gristly '1 fncouraged WNmmr pass Vs. �uw u�non"IN 2.Slope lope andAdgelnes Shan not be leveled to vANlo co+touff Aworwrtrm provide DulldnQ pads.Angreded dope lops and " tines s cress AQge I+ofMDetoun dandeontoureaAedes depleted In Fiqure 12. \ Am 2.Cun1nl; M%andesvereDmchingorUnacNgof t \ eSldtRp dope$lo create Idtllknda largar wom AD aHel dun be kept so a minimum and avoided to the maximum extent Its oDls Morfiafve treatments, ►buN 11 ouch as"YvfL g low n 9alning walls to create Ierradnq,she$De Cruse 1,(Fp+ra 14.) PambtoMsmath Snndrd. sfo�e aygps es, Devdopmfnt on flap Slopes oWd be desWod to LOO MlMtON MALL Fees vive"Mt"eharedaf or lies lam 10 feunww So.HU n greak It extaMPossible.Deep W oxion "f excevenam and 114 MelAd N evalill"fit pradke el y DenohkV or afraolfq Ina to provW addtlorW or i Tyw�i h lot Dundng ones Is pfo%Vsd, foofea tam p,.rn Aulmvr.A Worlloo!)4rlryUrtuaAtll+tiTlie AtlgMnyCeotuhnfty�ftmoylvanla, EoerddComft of nmIndtheA%lienyWntM"y,alayt49l,S0. SECTION 16 Page 36 25 x10 32X1 ❑ I'r r 'r "Mau • o n r e little practical value If those who are implementing them on site should not normally be Allowed. are not 'eli Informed.There simply must be adequate and continuing site Inspections.A number o! 4 As will be discussed in the section of this chapter on ` communities bare tackled this issue in Innovative ways• conservation escrow Ill are also Important public !` As discussed earlier,Chapel Ill,North Caroling, tools to ensure that protection plans o Important out.If deli s that g Landscape protection Supervisor be there Is money stAke by+ray Of A bond,letterofcredit, designAted for every significant project.The supervisor or other financial arrangement,the developer b more is responsible for ensuring that the l ers n measures likely to take steps to ensure that workers are careful In are complied with. Importantly.,that person must receive a specified amount of training in landscx a Protecting trees.Stmilarly,developers may want to Protection techniques and obtain A Loadsca a rotection Include penalty provisions In contracts with their certificate, P P subcontractors with hefty damages if trees Identified for Preconstruction conferences,also discussed earlier, Protection are harmed or destroyed. Are Anmthery aluable Procedural step that can help at-old MAINTENANCE AFTER DEVELOPMENT Problems And ensure that local government staff end construction managers are In agreementocer protection Once a development has been completed,the next P s ep In the tree preservation process is continuing techniques. A numbet of communities also require that MA!ntenAnce—ensuring that trees protected by the local construction protection plans be one element of A larger ordinance survive and flourish. This may entail tree protection plan that must be approved prior to any replacement of protected trees that die after construction development. Of cotvse,inspection And enforcement art critical to a Is completed or periodic fertilizing and pruning until the s.ucessful construction protection program. Building survival of trees 3s ensured.While the number of and other inspectors must receive Adequate trh:ning to development that dealswith the tail small,more are handle this task if the focalitydoes not employ an recognizing that modest measures at this point are arbori;t or other qualified professional,An Important Important supplements. The ordinances that do address s:ep In the inspection process is to first document what is on site prior to commencement of construction.A this issueore Instructive. useful adjunct todrav,nplanslstoph�tographthesite, protect onorJnance�oCoiumbita4Mlssourltan fairly particulorhr areas subied to tree protection re,j% rements. This simple step can help acvid tyFi<al: ergo meats Inter on As to what was on the site and what If any of the trees raluirrd t0 be:,tamed Mertes ( Arai W he protected planted as part of tht IandscAping plan should die The period After construction is also important. v,'itidn A period of is months Aitercompletion of the f'rot<Ctire fences should not CUme d„rrn until All activities assoelateJ with the land&PUrbaocepermip erns:ructionIs<ompletedande yvipmentandmaterials theowil oroftheproeerayioofonFt"cethe ihs and debris have been moved off site. Burning or burial approved trot haring a minimum diameter of two Inches measured at a point one foot aboveesturai ;•—�� grade,Shrubbery or other PlAntirl which die within +_}�� s is months of completion of the Aatvlties shall be replaced In kind within sis months~ t Given the fact that It tikes At leastone growing season and typically three years or longer fora tree to show signs of stress and die after construction nearby,Is _ I,• months :could be it minimum replAcement period. In frecognition of this fact,Lake County,Illinois,requires posting of A performance bond that is applied"toward • the replAcement of any trees which should die within three years of the coo lotion of construction."N As an Alternative, the developer may establish it tree nurser " �••�<'" on site with a s ecified minimum amount of stock per •s r p�+ mot;r, t.� residentiAl lot and use such stock to replace an trees P Y that die on site tvlthln three}'ears. Other ordinances such as one berg proposed In • 1Jt�� a a �r _ Dallas,TexA$,require protected And replacement trees to O • t Alabile'tanceof trees aelerdeveloputssl ( ' nmy rtgttlrt fhe pfmllins of mein f ren for s rep dreartrrf o/1host drtnmytJ or rnadr to rfilM.4 Afa reslill 0111le UGC' conalritc(kn process. SECTION 16 Page 37 32 M O fzrt.fertilization,mAEnto red Ina health yCondition with proper atighlschedule1YttiletheGibbsboroordinancedoes I crib d p pruning, and trrfgxtfon as necessary provide forcriminal penalties,including jail sentences ••cribed period, or community service,most judges are reluctant to ENFORCEMENT incarcerate someone for violating a land-use ordinance The vast majority of developers well faithfullyy cart e`cept In the most flagrant And egregious cases. out tree preservation plans.61Any twill exceed their y Some ordinances,like the one In Austin,make each requirements However a few•cowboys"will altaa s tree Il egally removed a separate offense, which helps test the limits,making It essential that local tree y increase the potential monetary'liabiL!y,Others key the consErVation ordinances include Strong provisions that pe"alty to the value of the trees removed,which,In the promise fair but Certain enforcement. In practice,vet cases of larger Specimen,can bta rerysig`nificant Amount,few tree Pro tection enforcement<Ases go to court—most replACemFor of A y teee hAFtllH ten ot'ed,requtre Ides are settled through negotiation and compliance or for civil penalties "equivalent to 1.5 tunes the monetary Mitigation,One survey revealed that,in thelypicAl value of the trees or topsoil removed or destroyed up to Program,five violations are detected per year with an average of only one prosecution annually." out A mAdmum of 520,000,"-1%loritary vAlut is to be enforcement must be a credible probability If tential determined by referring to current tables And formulas violalors are to be deterred. Po Produced by the Council of Trteand Landscape Most local ordinances take one of two Approaches, Appraisers. The most common Is to use misdemeanorprosecutions The Tampa ordinance contains similarpenalttes that to assess fines And perhaps seek A jail sentence A second admit F t athS��atistenforcemen Art board or In "for pproach,gaining Encr¢asing popularity,is to require CIAmages equAl to the total value of Installing or eplacement a felled trees And other mitigation replACing Any IaadscAped Area or recommended or 4 his surer These and other techniques Are addressed fn protected tree which was dArrAged or destroyed or was his section. not property Installed or replaced or any other damage Yho Enforces or cost which would be fncurred in order to bring the In the Vast majority of jurisdictions, the build[n Parcel Into compliance with this dirislon."r'The code epartmentorroningInspectorisgivenresponsibilit ¢"forCement board,used in some localities asan �enforcem¢nt, Parks And recreation departmentsAnd Alterratltetorelyingonjudicialenforcement,has Works department s may Also be charged with generally proven to be A more efficient,less time. uties, Whatever the Case,insp¢ctorslegndtobe consuming alternate vein Oil Aspects of zoning And land. erworked and often unable to meintAln a methodical, use ordinance enforcement. 'ri0diC Inspection schedule,Thus,other city Agency rsonnel in other departments,such as planning and e police,can play an im or art"eyes and ears" role In t iforcirg the ordinance rffth¢y'are properly schooled in '•� '' ` 1••'' ,• t key requirements nF the IoCAI tree ordinance. S• y;.•.;r• �, J tizens can also play an essential role In fact,In a f¢tv -isdictionshkesanibel, Florida,they Are given portAnt irspection responsibilities, 1 lei and penalties tfostolder ordinances use fines and penalties backed ?1 judicinl action As enforcement provisions y11 teasingly,hotvecer,local governments are seeing the 't ntcomings in this approach. For the most part,fines r { $et too Iota.Thus In Gibbsboro,New jersey,the Nimum fine is only$1,OOo for violating the ' a r inArl<e-"That Amount Is so Imv that It mAy be ed As just A cost of doing bvsiness to a developer on r , F, • • N7n+err force!!n Prinrr Grorgr i r eourrfy,hevyland.fr Is Ler,ra Karclr• h^'• ,. En/orrrrunr!ojfurrA o/ern nerd cite ::s•.; �: assufnncee/peraoanel fromorfier � � deiarLnerrriirhoare/anutiartvirhOhl rrqufrrrnewso/thefretrouNrrwlfon ardinence.Cit .try Cart play an arlity and importarrf role. ". 8E+ 6 Page 3 I 7 5 ( 32 x D i a r C I Thousand Oaks,California,also combines misdemeanor charges with A restitution r ulrement: But even In those communities where the dollar In addition to an• amount Is sufficient aid the site must be restored, the ypenaititspto•ided.,,above,any enforcement experlence has riot been encouraging for person who cuts,damages,or remove]any tree in several reasons.First,Anyone w ( violation of the terms of this cha ter Is Y ho has been Involved In \ proper restitution and may be required to responsible they thatsthe processViolation ls very ttmel onsum g Andtcostly for oaktreo"antin two or ore VA donation local Officials.Itmaytakemonthsoryearsbeforeacase or it replanting two Al more oak trees rn reasonable is settled Staff time is eaten up In deposition and court it" nluleatentslze and value to the trcedamaged or removed,. appearances.bloreor ,er,city attorneys and other prosecutors do notgenerAlly assign a high fr(ority to Prince George's County,Maryland,takes a two-step such cases given the many other serious offenses they Approach to violations*1 First,anyone Illegal] remove tV Ally must deal with.Mille penalty and A protected tree must pAy A mitigation fee SI.20 erg rep)aument provisions should be included In every tree square foot of lvoailand area destroyed.The m20 per protection ordinance At A level that is realis!Ic,standing fee Is used to pay the reasonable costs of labor and alone such Provisions will probably not be entirely materials to complete A mitigation plan.Monies that are sufficient to ensure compliance 5 201Per(square foot sum form]]mitigation fees iASSessed Iscroe AccountslCerlificatls of Occupancy lrOrtl the fee Are is placed into a county Iree•pLonting fund.Second] the Several Jurisdictions havtaugmented their offender must develop and submit a mitigation IAn for an arsenal With stronger sticks-The two approval-Such plans must"strive to replace the p primary methods IocAlit[esare using to beef up their woodland values lost As A resultof thertoncompliance." these ordinances can result in en£oreement Provisions Are up-front deposits Inescrow The penalty-and-replACement approach embodied In Accounts to guarantee perfot"Ince of tree conservation somesignificant fines and Plans and denial of certificatesof c�cupAncy at the tat,- replanting requirements As Witnessed by several nd of the developmentprocess when tree conservation enforcement cases over the past decade.In Toren of Plans hate not been complied with.Both have proven to Frrr}rort r.8ridynnf Co:a r(st Ki;t7rs; the tovt•n leas be powerful enforcement tools, S061118 assessment ofcivilpenaltiesandarestoration FairfA%County,VirginiA,Was a pioneer In the use of order against a developer who had clear-cut shorelAnd a conser%Ation escrow requirement to collect funds to property.]he ordinance En question Allowed timber insure the Installation,maintenance,and adequate harvesting but required that Well-distributed stand sef performance ofconserrationmeasuresonaproJect. be left uncut, no single openings of greater than Thesethcasureslnc,udesedimentnnderosEoneontroi; l .J square feet be cut In the forest canopy,And soil installation of tree protection devices(e.g,fences) erosion control measures be uadertAen.The trial court doming construction;repair of damaged trees;removal nw nrded the mavimumstatutorypena ltyof52,SOOand ofdead'dying,or hazardous trees;And planting of order ed the deteloper to coL110r the damage by replacement trees.If theogreed•upon measures ere restoring atl 24 Acres that had hen clear-cut.On Appeal, not complied orffi, the county can use the funds to the Supreme Judicial Court of Maine upheld the pPe perform the work. The escrow amountls negotiated ordinance and scolded the developer for arguing that It betsween thedeveloper And county At the outsetof the should not ha re to restore 7 500 square feet of the site Prolecl. because that much cutting twovid have been alloawed: Somedevtlopers will object to putting actualeash on deposit in such An escro%v account,An alternative may IBlriekyard Core can In anp n ant remedycnly be to bond the ttee consertation rneasure,but the partotty the dAmage It h,1l done to any part of the area localities may later face difficulties In collecting on the C0.It Is Impossible W put the trees back;the best bond. Brickyard Covr can do is w pant tree that Will over Another community following the Fairfax approach several decades become the equiWent of what%,AS cut. Is Lake County,I),inois.LAke County offers special The rea an order that Brl n1,wmh Core both penalty the densitycredits for woodland protection beyond that cut Area and pay the masimum monetary penahy does rot result In any injustice In light of Brickyard Cole's required by the ordinance.In order to use the credit, blot AntdisregArdo f the ordmAncefAt539) the owner or developer must postaperformance guarantee with the count •In the amount of$4,000 per ,n Another case,Sarth Fleridd WnferMonegement acretoreyery Acre of land in which trees art to be 1is1rict v,1.95£.tecOh'if Ct,rter,r the developer was fined Preserved."The performance guarantee must be posttd p priorto the Issuance of Any building or site development ocal ttre for refusal to comply with the provisions of tht permit and is applied toward the replacement of any Snoingacotrance.The r10cevelopercutabout1,200trees, trees that die within three years of completion at 0 Snoring a court order to cease and dessl.A Judgement construction, 'rO even leis being entered epl nsl the developer,the rulton County,Georgia,focuses Itsenforeement e!the V i`,T ds being used 1l replant smirr t the Inot ttn darned site. end of tht development proses through the leverage of V large damage assess,aenu are not uncommon in certificates of occupancy,No css throng th be Issued .an be worth tArA Mnd hrge sites,A On le lac e u�olvin c taranceot gg p s of dollars according log eomp,tGnce WN action applicable trey prottecHon measures . todern appraisal standards.(Set Appendix B.) and plans required by the ordlnance.." SECTION 16 Page 39 32 X I D r 1111111111101111111 r p� �. ,M M42 erAdministrative EnforeementMeasures incentives ther administrative measures that have proved incentives provided to developers to enccurage tree . In enforcement programs Include conservation efforts run the gamut from awards and Ative stop work orders and baseline site plaques recognizing excellent preservation efforts to echon Information. zoning bonuses and reduced property tax assessments. n increastng number of local ordinances contain The most common Incentive for tree conservation, Asions allowing the local staff toadministratively contained in many ordinances,Is to reduce landscaping e a stop work order.Although such orders do not requirements on a proportional basis for new y the weight of a judicial Injunction, they are developments,For example,in Allegheny County, tally heeded by most developers.The advantage of Pennsylvania,the proposed airport parkway protection A orders is that they can be issued quickly when a standards require a 100•fool landscaped buffer along nus or continuing violation is noted without having this scenic road.(See Illustration.)To the extent that a It an action In court. d It velope r preserve$existing trees,they count towarda second essential tool In enforcement Is baseline that landscaping requirtment10In many Instances, rmation about site conditions, Photographs of the preservation Is more economical than cutting down prior lo,during,and after construction are often existing vegetation and planting nursery stock. cal to enforcement actions and can help avoid Fairfax County also provides this type of tree abbling over whether limits ofdisturbsncehave conservation incentive,giving exits credit towards n violated or tree protection measures such as on.site tree cover requirements that Art Satisfied by :ins are adequate, preserving existing trees: I PLEME NTS TO REGULATION TAe red t provided ppeer frtestand ng trte or cluster of ractitionen know that regulations are the backbont trees will be 1.23 multiplied by the area denned by the n,v effective tree protection program However, boundaries of the existing drip lint or afreestAndingtree erience also shows that companion provisions and of group of trees surveyed In the held and dellneattd on tht ptAn.A c redit of up to 2,O may bt gra need by the grams,including incentives and educational efforts, Director for tretsofoutstandingsizeandquatity!I help smooth whenvise sharp or rough edges of ndatory controls and standards. Indeed,the most cessful tree protection programs are a judicious mix The FairfAxCounty ordinance does specify that a tree ` u p!ementary approaches. must be of a minimum size to qualify for the credit—six f governments have become Increasingly savvy feet in height and one-Inch caliper. PIAnttd trees also ,yang Incentives to take the sting out of tough receive credit towards the percentage tree cover trols nod to reward exemplary performance.Also, requirements based on the projected 101earcover area Icotional programs can help bring local government for A particular species.Thus,if a tree has A canopy that resentatives and the development community covers an area with a diameter of 15 feet after 10 years, ether to better understand how best to Implement that area a-llt be credited toward the overall percentage e conservation ordinances. site-cover requirement. ' I BuTferyards and incentives v i ' a As buadl14M t has be back a minimurn ,e of two 12)Ames ins MIA nuns ltelght of to . 1 botifiIng,bo In rw ease Mee then one _. hundred(100)loot from IM"fit Ane of 4J1 the parkway.except where"maxionum : C d depth of see W upon whtah see building IS 4 e totaled IskUINM mhundred(200) ! 100' 100 ys' feet,in which use VA setback may be IUFF[aYAAD �AatxwAT ufrern'ARO (educed 10 aaiinlmumof fifty(3.)percent • SETBACK at Ins mealmum depth of the IOLMMoo wavtt, O in no ease"I the setback be reduced 10 ar less Nan hrentytht(28)INt IPfsS#N" exlsbWj trees Gncourt toward meeting No bufleysrd fequlfeme nt.) 'Aborrio"Sr"ACKAT COAST 01 Mlll Sou Kr.Trrrnr,t+rrrF ParArlaayyA WNtbautJW farpfeatntaliorr.Ytll Altykeny CW ny,Penalylvanla, ' go rd of Commbsfonen and Tht MoSlieny West Audadty,Stay 1992.!1. SECTION 16 Page 40 - -- -- 25 Al 0 32 x 1 Q , • i � r5 I . I rD 1 in addition to landscapingg credits,a Of othercommunitEaere offeringothe8Zoning ngand ter PlAnning Incentives to encourage tree protectin.Tama ter Assessme Open to reflect the restrriicted use.Sopme of these offers alternative methods of compliance with strict tree programs require that the oevner agree to keep the land preservation and landscaping code standards to n open apace for t prescribed period sd of time or require 3 encourage "contiguous preservation of native upland repayment of back rates if deveiopmenf occurs.one Ir resources" For onamplr, to foster exemplA P the earliest programs related to Iree protection was the tree protection ordinance Allows reduction injects, enectrd In Dade County,Florida,which towered 1 vehicular use buffers,reduction In Interior landscape assessments on protected pine and hammock stands Islands,full landscaping credit for preserved trees,and where OWners agreed to keep the land In Its natural state exemption from permanent Irrigation systems I-. for years. Austin offers An array of Incentives In Its Hill country he recurring crWcbm of differential assessment Roodwa)'Corridor ordinance Development bonuses in Y programs is that they are simply a subsidy for the form of Increased densities and building heights and landowners who are holding land for later reduced setbacks are offered forpraJects "In order to development.Property hen des ere reduced!ore period of recognize Innovative design beyond that required to Ave to 10 years,and then developmen!proceeds I comply" with the ordlnanc0'A list of performance A0y"ay'Some programs have attempted to address this criteria are contAlned in the ordinance to be considered In rrcummendrng 'oonures,lnduding Increase C nsider or by ttAseing long-term protection agreements ing and naturai Areas and reducing impervious cover, or pions of h ePsemenq on partfeulAdy sensitive F' portions of the property, Lake County,Iitinob,offers+ woodland protection Another potential AASVOf redo• tax credit when ea great r voluntarily agrees to protect a assessment programs is that they may property ot adress the ordinance,Area greater than that required b pits real forces that are giving rise to development pressures ordinance. For every AaeofAdditional pro ected area, Ir the tat beaks are too modest In the face ofslgnlffcent the owns+or developer may Increase tSe allowable potential gains from generous toning density buildable Area un the site 64 provisions,they will simply be Ignored!. The possibilities for providing toning and Transferable development tights Is another technique development incentives for tree c,nser%Atlon are that has been the subject of much proftsstonAl writing yirtuollyendfess. the reolchalLnge13designing And Attention, Baslcalty, the conceptlsdAllowA Incentives that are Valuable enough d aAak exe lAr is1110%Vner to transfer or sell the development fight, tree conservation efforts w•urthA,Hle�The Flaw In most on sensitive natural nreas and open space that are toning le de vela tent otynre oft6 eestgntd without subject to restrictive regulAtions to Anotherporcel of ins CAC deselopment community what would be an Property,In theory,the Idea Is A goad one, but In :dice hones or they contain such complicated practice it has been complicated by difficult legal and procedures and criteria to qualify that thelncenttves o adminEstrativelssues. Only AhnndfuloofTDRprograms unused,The orciina nce c"mples nbuve providta good In moh au iced StAttl life ts been imp dyed tlo help one Preserve of th the s�ertito Int For thinkingofzoningincrnlfs'es,but they most trseypinelasbeene plo),e a0LIP need W be tailored and refined to the circumstances of highly restricted land In cunservatlon Areas 3o sell the Individual c c'i t unity, of development rights to other fandowners or to a "Campeuation" Nfechanisms development bank,thus pertiallycompensating than From A legit perspective,must carefuhy designed and For preserving their property from development. edmirlstered tree conservation rrguletiors esigld not Permanentdevelopment restrictions then apply 10 the obe constitutionAl questions regarding takings end land As of 1997,more than 10,000 scrts had been ccnnomie deprf%Won.+\'n erthefess,h. preserved through this program,'• o serious bite Io them,local government may wen o}e A modest variation on the TPR Approach b the use of take steps to reduce the economic Im act to promote density clustering provisions that Apply within A panel acceptance by land owner and the diveloppmtnt (but not off siteas with TDRs).Nlany eommunides Allow community.7echnlquesavallableindudelow'erin alto+pot of the developmentdensitythatwouldbe prrputy tar a aessments on presenedareas,transfer of transRrred elsewhere on A parcel,thus protection Area gg 8 AttrlbutAble toil natural resource protection area to be trogra ns1e11tu,it good detailed+s rilti grand anal sls has economlclmpect oleht restrictions. For example,III the ears done on these subject,which Are briefly y Perk City,Utah,sensitive Area protection ordinance, h e ummariredhererr y ION ercentof the devttoppmentdemit on Providing for A reduced,difrerential assessment of a sEte Percent oil limits to development{Intl uling sleep Ands retained In their naturAf state Is A method that has sio es,IpeclAl vistas,And rldgalines)mAy be IrAnsierrrsl e Aired eft rential p use In many states.At least 16 sates 10"sssensitfre areal of the property. Aye preferential assessmentprogrAms for open s act The ctusterins Approach tends to raise ter fewerlegAl l.a P andAdmintetrAtiye(slurs, Although I!can sail,be quite i ;ricultural,And lorest lands Some are t has expansive; contnllous when densities Are Increased on other ,r example, n acres of Williamson Act has protected .tally,istaltor : loco!IAsiproyldethatsn owner port fonsoftheprop ertyAdfA cent!opArcelawith Y thal established celwing�eAtcenwlAndlherinaeestdtAkrn ho Agrees to preservenAturAlrrsources And keephis den NtlesfromthepeaCIA veMendthtInrealend SECTION 16 Page 41 w •__ I ts32 X 1 '•tr �. , s F r n� - 1 a r 1 y (' m planning issues,such as access,stormwattr information not only explaining the local ordinance in t*5 management,and the like, understandable terms,but providing excellent reference '! In addition to these zoning•compensation" truterLl,!\ot every jurisdiction needs match these a `jd piques,some local government have established efforts,but,at a minimum.Information should be Y sslve programs to purchase open space and Avaltable summsrizing local tree protection regulations xrive natural areas or to acquire conservation " w q and offering guidance About eompliance With Various ;! easements. Thesee flortsnreoftendonelneooperation r uirementandprocedures. + j;i with nonprofit land trust organizations.Funding fn several jurisdictions,local tree preservation ts sources Lange from rest estate transfer taxes to salts tax commisslons are given the task of educating the public c increments dedicated to open space land acquisition. and development community about the values of Irte ' These acquisition programs are particularly valuable protection and'requirements of the local ordinance,in when the local government wants to restrict Otht rs,the e local r odinencere uiralralnin devdopment on a site to protect Important natural pp gsaslopefor ' resources and a regulatory approach might raise serious Hilt,North Carolilnyi,requires the resignation Cleland. tAklng Issues, scars#supervisor for each project.This supervisor must Eduction recth•e training about it"pprotection techniques and the local erdlwice before btrtified.Thousand Most tree conservation ordinance administrators will California,Also focuses On the post-construction phase tell you that education Is a key element to any successful of it project.The local free ordinance requires developers program,If developers know whal is required of them, to provide in "Oak Tree Information Packet"ticket"to the problems will be greatly reduced.By the same token, buyers of property and homeowners'associations.The education is a two-way street,and local governments packet contains copy of the ordinance,tips on care and need to make an effort to understand how tree rraln•tenance,and detailed oak tret preservation protection requirements can be made to mesh most guldelines." efficiently with the development process.Attention Another exemplary a proach comes from rhould also be std to Informin the avers ee3tlzen p p 8 8 Sacramento.A groupofdvlc leaden from the about tree protecilon requirements so that homeowners development,finance,political,and environmental io not Inadvertently violate local regulations—cases fields came together to form a highly successful hat can often cause a significant political Upton?. organitattoncalled the SderamentoTree Foundation!# 'I state and local governments produce a variety Earh on,theorganlzation focused primarily on planting f educational materi,ds to exptaln Iocal preservation shade trees.Today,with a b&person staff and fib ements and various tree preservation techniques, m1111on budge!,It is Involved in innovative energy orida Department of Agriculture and Consumer conservation effort,producing educational curriculum left ices,for exam le,has produced a very helpful Tree on growing trees, providing detailed irte-siting 'ruhveoit A4rt,nmlj�r 810ders end fknvlopeel that is Information for homeowners,and promoting a variety listrlbuted thrci county foresters It lays out the of other educational rat 9tits.In nosmall part because dvantages of protecting trees, particularly from an of these efforts,trsconservation in Sacramentohas Wnomle perspective,and steps to protect trees during garnered widespread Political support from both the onstrntction.Some of the technical manuals published dexe' ,,#tent community,a major utility,and y largerhirtsdictions are absotutego ldmtnesof enviro . entdisfs. , r I, Ct ! SECTION 16 Page 42 . : . 25 ,< IL7 � 32 10 � � x Room 'wstaaw ' Advice and given a chance to make a legislative initiative Witil-timed enclorsementsby influential groups and i their's from the outset. If one or two local elected people can be another very effective tool,as can letters officials become advocates,this can be a key to success to the editor and op-ed pieces In the local paper.Call-In 'though selecting the wrong chAr ion,someone who talk shores on radio are another source of free exposure viewed as An outsider or less than effective,can that should not be overlooked;"spontaneous"calls from hamper a campaign), supporters can be very convincing. A mistake many local tree conservation advocates Remember that tree conservation is visually B make Is to Ignore local staff—the people who will have attractive subject.A well-produced slide show can be a to lice with the ordinance and try to make it work.One very useful toot in making presentations to local groups study of tree conservation ordinances revealed that local that might be Interested In the subject—garden clubs, i staff are opponents of such ordinances with as much bird watching groups,angling associations,chambers of frequency as developers.They often worry about the commerce,and the like Dever pass up an opportunity Administrative burden they will bear If added personnel to address these groups,even If onlyy A half a dozen and resources are not made available.Thus,it can be pptopic are In the Audience.Successful campaigns are critical to meet with staff and seek their advice on the bullt one vote At n time program before it Is set in stone. While staff members If an advocacy group has the resources to fund A will not typically be strong public advocates for such comprehens1%t visual assessment of a community that programs, they can help behind the scenes,and simply gauges the positive Impact of A proposed ordinance(or neutralizing any potential opposition from this quarter can ptrsua a the local government to undertake and cnn be very Important. fund such on effort),the results can be very persuasive, as discussed in Appendix A. Be Willing to Stay for the Long Haul No two efforts will be identical.The politics, While some tree conservation programs,due to personalities,and tactics w9jl differ markedly.But the political serendipity,are enacted overnight,the norm for baste principles outlined abo%ew•ili not change enactment is much longer.Tree advocates should notbe dramatically nor will the fact that stick.to-it-Iveness Is disappointed if it lakes a year or two to push their the essential personality traitor successful campaigners. ff+rogram through They should be ready to spend time boildingamojority voting block in the jxAl elected body. ADMINISTRATION AND IMPLEMENTATION This may im olve participating on a lack force or special Once the heady thrill of passing A local Use commission to study the Issue wurk,ing with city council conservation ordinance subsides,the gritty Job of making h rommittees, and participating in many public workshops the ordinance work stares advocates in the face. „{hearings. Politics is truly an arena where those with Unfortunately,many successful campaigners pay little r r ersisterce and tenacity usually succeed In the end attention to Administrat,on and Implementation.They r, harJly have the sizzle of a good fight or allure of a good Working with the Media and Public Relations crusadt That IS too badbecaustexperlence Shows that F The battle for public perception%rill often be at critical loss of concentration At this polntcan resultin one or two dd crigogemeot in the tree eor»en pion campaign, Fortu- things—the ordinance is not followed or enforced,or poor I,• nately,tree comcrvAlion Is on issue that usually finds A administration discredits the substance of the law.In receptive audience among the local media, Everyone either cast, the results Art regulations that do not work, locos trees; they are photogenic;they make good cop(, Several traits characterize smart communities that Must local tree conservation efforls will not have our have tree conservation programs that work in practice, cient funds to buy media coverage,so they will need to and they are discussed In the following sections, be resco«eHd and rely on free coverage?An essential 'IN local step Is%Imply to identify the right reporters at the Adequate Still and Resources local net+spoper or radio station.Often someone will be One of the most Common shoricomin s in the it assigned to the environmentAl beat,but advocates should impplementation of tree conservation ordinances Is the net overlook contacts with business page or real estate fallure to provide adequate staff and resources.The editors And others dealing with economic issues as they ordirsAnct will be enacted with great fanfare and then Are likely to get involved In any political frAy and have a turned over to an Already overburdened planning less sympathetic perspective.The campaign needs to department or to A public works department without mike a list or these contacts to ensure Coverage for media Any Adeqquately trained personnel. Everyone seems events,press releases,And the like, surprlsed when the ordinance does not produce results, HAving estAblished conlact with the right media or regulations Are administered in such A way AS to people,the campaign needs to ensure it steady nowof hamstring the development process,thereby news relfASes,campaign events,And media conferences discrediting the whole program, • that Are w•orthyof coverage.Flappenings that involve The more detailed a tree conservation ordinance And O If action and Are lively Are much more Alluring to the its AccompAnylrtg standards,regulations,And Inspection sf media than someone pontificating from a podium.For requirements,the more Important it Is for A community ►M ^%Ample, A campaign kick-off event might involve to ensure that whatever department Is charged with ( undreds of school children planting trees tattier than Adminlstn.tion has A sufficient number of people with ` just having someone read A prepared statement at a appropriate expertise to AdequAtely implement the media conference or releasing a position paper program.While citizen volunteers can play An explAlning the proposed ordinance,$ important role And relieve this administrative burden to SECTION 16 page 43 32X I CI 4 c; #� r Q 1 a 7 y Non= some extent(As they have In Sanibel, Fiorlds),any local � } government truly serious about tree protection must carefully examine staff requirements. In some instances, l existing staff may be able to shoulder the burden,but Additional expertise or training may be necessary.In smaller communities that do not have the resource's to + ' retain A full-time staffer to administer the ordinance, An ` option maybe to retain Part-time consultants. Just as Important as hoeing adequate bodies is having People with the proper professional background and arpertise,PAssingan Ord Ina net and then turning over LEM Implementation 10 n public works department tree- trimming crew Is clearly not the Answer. Degrees or experience In landscape Architecture, land-use planning, And forestry are All invAluAble.HO,vH'er,the Ability to c deal with the public And knowledge of how the ,,,� '` development process works f,just Af Important.Hiring, '� t *f A forester Without plAnningexperiencemaybeA mistake,lustasassumin a lAnd•useplannerwithout experience in forestry can successWlly Implement A $ 4• t tree and vegetation protection progrern thAl a treeprote tionng inane WAY toward m Administer lag x that a tree protection ordinance 1s well adminlstered, t But more Is needed.Staff and citizen commissions must haveAdt.uatefundin 1 g And resourcts to conduct f Inventories,project reviews,and Inspection% For yyary,at ` �. exAmple, if the local decisloa•making body ti,'ants f', 4• ri 't at tc`H r, Accurate visual assessments of projects,the staff must ., r ����,+ . ,4,r eRher hAVe the necessary equipment or funding to k,, e � r, � `� sS ";(,. produce or buy grAphleFresentatkn,orcomputer f, G c�Q. '' slmuLitiom,or thhe statutory authority t0 require the ,. �� ApPlicAnt to provide sur,h inlormAtion. (See Appendit `„ i`ysr �• t .'e;w A ) Funds Also should be Provided to product etplanatorymarerinb And lechnlentmanual and developers. s foreitizen+ s r`�Y, ;; ✓ Education/Awards 1�' x o f ,1 ? Experience In many Communities demonstrate,that 3 aJyj `�1t� $ar fvethling problems with tree Conservation ordinances can best be Avoided 11 A strong education effort Is undertaken early on to explain what the law is Ail about, how It works,whAtPermitting procedures must be VITT followed,Arid the like.The dtvelopmenl communlly obviously neecb to be briefed.SOme local governments hold educational seminars for developers and " caniracton Others,like Chapel Hill,North I require short trAlning COUrscs to cerlifyyConstrut tionn r supervisors, end many rouittral ?equirt preapplicatlon + 1 1 representall es All of thfefe sh, CAM 80 A Long way in lfllllllfllllfllllllfl pf avoidingditficultles tArlyon, However,I!byyjust s, Inadvertently fire euputhe BhAtnlisaw And cut down trees r'!r_ r On shelf pro Arty In 18morArw articles of the law f ee protec110n ! 7 ,1 7t i b h d 111 can be invAluAble In thU ee Atd, news 0 r """t "Wit, Ghrnlhelnhermtallurethal�ee,hAVelormosf F P ro!r r \ 1',nd I+. n'ent p� 7 17 r F,rd,' !r+ ,rr'iit,v f r . t,, PtOPIe,such education efforts need not be boring or r •4'.7 J r t,+ L ' , ,r rl, restricted to ciassroom•uyle lectures.Tree walks,tree I ' � 4'f, t7. 7r1lrrKlil, r,jl,rrili f!ltil'alf, hAnd"M,tree•plantinaworkihors,volunteer { tree Inventory days—chest are gut a few of the " -------� ___ Infe'testingevent$and happenings that tommunlilea ' hAa'e organized to promote a belle?underslAnding of - SECTION 16 Page 44 � 32x ti 1 s it v Y " i 4 . #` Appendix B.Trees Make Cents By Elizabeth Brabec I P)Anners,activists,and decision make such efforts even more contribute significantly toairquality, makers are often required todefend cogpaing. It makes economic sense The study found that Air ppooltutlon municipal tree regulations or support for the community to spend money along freeways Is approximately tree planting and maintenance In the on trees when It Is clear that tals three times higher than that municipal budget The most money will be returned to the acceptable to man.Agreenbelt one- j commonly contested regulations and municipal coffers with Interest In half mile wide on either tide of a pro;rams Art. Increased property values and a highway could readjust this air • Street and shade tree ordinances healthy economy. balance by removing slgnittcant that control the cutting of trees on The following paragraphs will pollutants from the air(Nelson 1975), municipal property; present Information tosupport the Otherstudles have also found presence of trees and otherlandscope sIgnlficAntcost savings In health and r Subdivision ordinances and site plants In our communities,and show, piuperfy impacts by reducing air plan reviews that stAtt the type, In clear economic terms,that trees are pollution(Conftrencton Alternative number,and placement of trees good for the community. State and Local Policy 1934,and and other plantings that are Ridker and Henning 1967). requtml In new residential, H0W DO TREES AFFECT THE commercial,or industrial QUALITY OF LIFE? Noise developments; Trees perform A variety of Noise Is An Insidiousbutofter. Land clearing and grading functions In the lAnduape,all of Irritating form of pollution for the regulations that require A permit which affect the quality or our lives urban dweller,Sound can be reduced and our pocketbooks.Trees pi!'arm In intensity either by the distance it for the removal of existing vegetation on a site,and; engincerin functions,acting s,r,oise travels or by colliding with a barrier buffers, light shields,and that absorbs the soundwaves or r Municip,,tlyfunded programs for Impediments to runoff And soil reflects them In Another direction. planting nets,trees, replacing erosion.Trees also perform a variety The degree of transmission of the / 'silting trees that have died,and of environmental functions,reducing sound is also based on the humidity l tain6dning the existing trees in air pollution, helping to control of the Air,with high humidity the community. climate,and limiting water pollution. resulting Iii low transmission.Trees function in the sound reduction When surrorting municipol tree Air Pollution processbymodifyinghumldityand protection rne.isures,it Is Important Trees art on Important pArlof the climate,by absorbing sound,And by to be able to Advocate far bees not local and national fight Against air deflectlon And refraction. only on the basis of it heArifelt pollution And Against the progress of In A study of the economic effects reverence for their beauty And global worming. By remo%Ing carbon of expressway noise pollution, Roger molests,,but Also to be able to put this dioxide And other pollutAnb from the VAghan and Larry Hocking(1973) reverence into tconomlc terms,A air And releasing oxygen back into looked At the decline in Property dc,eloper may agree that the trees on the Air,trees Improve Air quality.Air values that could be Attributed to the o property slated fordevelopment pollution levels Are meAsured by the levelof noise In A neighborhood In are he,wtiful, but an erS'.,ment for AMMMI of particulate matter In the ChlrAgo.The estimates ranted from e tree preservA! on makes the most Air,high levels of ishlch Are IrfitAting high of$16 million to Iota of 68 impact when it Is linked to a sAViA$$ to the respiratory,system.Trees old In million. in development costs and an Increase removing particulate matter from the in the total Amount of profit that will Air by trapping particles on the llgbt Pollution be realized from the property. exposed surfaces of twigs and leaves. Trees can solve a variety of light The same holds true in municipal Looking at the overall effects of and glare problems In the landscape, budgeting.Voter turnout in support trees on nit quAlity,In a study of two although planting A Ira that will of tree programs and petitions streets,a street with trots was found grow to block thtoffending light will showing broAd support for tree to have 100 to 3,000 dustparticles per not solve the dbcomfori for some conservation will be noticed but litercompared to A strett without lime.However,light effects,both day Adding evidence of positive economic trots,where the concentration of dust And night,should beconsldsred O In+pact to the political effort w111 irticles was 10,000 to 12,000 per before removing trees. Peer,Therefore,the lack of trees on an urban street resutttd in four to 100 Soil Erosion vet,8rohxbarabr;is,drothLmdithlcs, times As much dust being present as Trees function asbothwlndbreaks .,linleaq'hilnluR fpal be k,a4bry1011, was presenton A sheet with trees and salt stabilizers,minimlzlnd tail p.C.Thif AdideoririnallyapicwdasA&mie (Nelson 1975). erosion.On the averede,croplandIn AmrrfeaTechnical Inforriailon bulletin Another look at air pollution alongg the United States loses 4A tons of tail - b,rs?2 freeways found that greenbeltstould per acre Annually,The Agricullural SECTION 16 Page 45 32x ❑ 4 Waszinaim 1 0 i } t Ij 1 III 1 production problems '. caused by this erosion energy increaso are estimated to cost 52 (Rodbell el al. 1991 billion annually.In ' tltion,the runoff of Living tend scapes .tlment carr•Ing 's, Improve Health s zsticides end `_M Trees and green herbicides causes an landscapes have a estimated$13 billion of profound effector our 3 additional damage to the *' ,f, health.Spending a day tcos)•stem(Clark lit al .;� In the woods or 1983). T �� ;3`y lunchtime in the park One study by the can leave us feeling Afeg9and Department Inrlgorated and of Natural Resources in s refreshed,ready to I the Gunpowder Falls 1� face lheppace of Basin shores that u kW's,' ��" ., soelety, Tr too and forestiandproduces ,J: ,,' / ^%� planted or natural About 50 tuns of r„ *' �� areas have the ability sediment per square ,� v to relax us, to lower mE1e per year, our heart rate,and to established urban and reduce stress, suburban land Inattudyof contributes So to 100 , - ._ _ ppatients in e tons,farmland, 1,000 to _-�,sr PtnnsyIvanla hospital, 5,000 Ions;and land Ulrich(1984)found a i stripped for 7 ;; — u marked difference construction,23,000 to a - between the 50,000 tuns. This ,mew , convalexing times of ^ � s h rdimententersthe � fi t'- •1 r�`jrt�KZ Patients with vlewsof hributarles of the ; " ~' t .; ': it landscaped arts and Chesapeake carrying those with gvlews of no rnts And pollutant± th,,t ,,rr buildint;., p,,rti ulorh durina;thr wall.HisresultsshowidntFatpa rick A ry killing the 8a (tbcnrvrk rumm�'r0\111`n,,,nTvs;,Uollallr r+ithnvlew'oftrtes spent only 7.9 1958) l,r.li I. days Cori tescing and requlred less Water Runoff it'ilhout tile dn0hn,4an,i potentpalnkillers,eomportdto8.7 TrerfflCtedSttheallL+untnttvdtrr m+'dcratiligv, CitoftreeIirind da)7 for those Overlooking the that runs off a siteb breokin iEie .rcanspacrsiroururl',, t nanlandscnpedsrea.Withel ht Impact of the rain andsh,,,inhth,, chinos lent•, ur1'an,tmas ron, ¢ 4 b, tier and dryer—a hut?iaand ,;cent he da)s s enI in the dw+,allo,ving time for „at,r to I spit,d,She national health cost nfiltratethesotl Forlostan;e.,l k 5 l,crct Apps+ Imahl1 fret„ lit saving,could boss large as several p,rent of the currew vlooric hundred mllllon dollars a year "ortst Service study sho„cd tl,,,r in ,, dcne,n,1 in 01" I+spant to an+ ne'irch ralnstorm over 12 wor. In 1 aaording to Ulrkh's figures. bulldints just ta,ontFF+,stair for the In other tests,Ulrlch(1979)found jolt Lake City,trees trducr,l surra 7 h, n,I Lend etfc,t. In Los Angclr.,this that a group of students it"lin6 cment ( lLrkreckongallau or l% inn+Li tee to 51t0,ltth!prrhourandEn strussrdbyehamsfellbelterafter �erctnl (Ebenreck198StThi. lla:inn •tan,[1 eduction has In,pticahans for tltr + C.,dose to 54it,r t0 riewing S0s1[des of natural scenes, •,frastructure costs of storm set,er per hour during peek ckllit while a control group who viewed Xahanally.the hourly cast marl+r as slides of urban scenes felt worse, ' opacity,the capacity of srrl a ' 11N 1,,ts S1 million 1R,+dl+ell et nL eatment plants,floodin•of rivars W'n, n d sires rr ms,and the lna.iint;of In addition to the Increase in THE TREES N OUR VALUE ON Milli and pollutanls Into river. Irntperoture,there is an increase lit CUUNITIES? nd streams. �111 drrnwe w{thoul trera,ln fhurnla, Trees end landscape valuelfon EEmateControl {rieon,t,for ctample,tile began primarily so a method to value , constructE,+n of a regional shopping casually losses for Insurance Research has shown Ihnl pn�pvrE,' :entry hxiltetil in n tit ercent Faced trees and landeca ,e la„ti„ ,, f tontpanles and the Internal Revenue i p r sera.: in pan evap tra8oit ratue,A 5rrviee.Although valuation ' m save 20 to 23 ercrut an s nrr,4v an, reNent rkr Increases out, ,e+r (e 1� the home(Heisler 114set. In t,at,r d,nland by a a+errs +udin+ continuues to serve these pu sou,It m ,rhoods with Iarge trees,there one prrcrnt. Thus.as theamounl i+f spptt,iali:ed method used whenever Pe a significant egg i ou vagetatiait in uur urban areas in the exact value of Irees or landscape mperature and tnergv use In rLILI �I, re,10rements for wafer and must be known. ' SECTION 16 Page 46 2S 32XID I r r • t 1 Plants can bi evaluate.11 n IIe basic The replacement and basic fo, -ula nual and wooded oreas, in which Inks, all leading to n dollar value, lnethode are the most commonly case+the repiacil and baste on.i all widely different used 1 Ahlation metlods,These two formula methods are Inappropriate. ( methods,ho ,tver,are appropriate The most common method of + r \ .rmf Fool or CV dreaad YAfrc. for use Ia111 In urban or otherwise %almation In natural Areas has been Suitable for use under forest br.1,copL\1 conditions. Both of these forcordlcood %Afire or lost crop conditions,partinilArlY when the methods Are used to%atue IAndscopt valor. Both of these methods have stand B composed of plants for in,uronce claims or income their dait%backs when valuing trees cammerci.dl%LI;ab1t spites,this IN diductians and,Al such,these based on their ecological contribution method should not be used when methods of%,tluarion are accepted as to the emironment, the stand holds additionAl valid in court cases. When A formula proposed by Franks and icolorkiil or aesthetic value. determining,a value for a group of Reeves llv<S recognizes the ecologic•d impact of trees. For rtAmple, tilt%cite the fAet that a standing sil%er nA}`le,24 Inches dlirl of breast height,containing trio, 1l logs had A cordwood H %.1h,e of it 1 in Illinois In 1997, By contrast,asording to the basic formula%,duation method• the same tree In an urban setting would have a value(it t1•e tree Lc ere 3n An excellent tocaton And eNcellent condition)of i $12,204 r eJLI,!. � _ 1 l Xeithrror these methods measures 1` - •.s, sr' '` the %Aloe of the tree in the ecosystem. Setting the basic ecological value of a forest tree of three Inches or more In diameter At breast lieight at S3 per L> s s� ore inch oftrtrnl.And usingthis$$ a�sse %G11le.a number of factors, Gyv!,II Gniu. Il,red on the Coot of I•lenlill a tr.c.111,1 it, moirtrnanct L1Ilnputed with, t�L crrrnJ'Mllld irtrrest, tllk r ivthtxl i• 5Q1,10rn oat' bslo}'. } Cl,;- l',riur I" 1It:, k the preKrretl a ~i %al.iahtln mrllovi It lien i•lant+ have a:•'� V, aing`lalwhg,cr.•psirl.r fro: ' tre%•,nul trLL• Chrl�lmas Il or l1 huihh's ring P;n'ulbr . Plot 1 ree:t rid a••1., Lmld iapeplantsare %ahtcdasttiv J dllltrtnit'by tl le!'ll the l'alllt Uf iq the land I,ith and a Ithaut the _ � plan- �� �°•' A' Rljdl.,- r' tafln'.Thlsvnluation mc ap lhod Is plied for tree$Of up to right Irlcber ht stem diameter Ilargeslsirefc a+IbletotrtnsFlarll tree. Old hmldscnFing till Arelldi l includingloCAIAnddiatAntecological and most L roes,shrubs, And small tile,hots ever,It has been shown that efilil'can adjust the value.For evergreens file basic formolA method doer not tnrtanfe,if found In A forest,the 6 Frsfr, Fri of ii Al, w,f This method Is '11%,A}s pro,ideart Aecuratt%few of bell silver maplt cited about O use,l loappraire trevi tlt,v in tai t,hat the mar1l%%ill Fa%for A treed could dove A% Ilue of from$1,356(for I,Ir:e to replace with nursery And/or 1 er,us,in untried lot IV"nales et al. tilt highest Fosstble ecological I eld rkk4, The formula requires the RNIi slgnifi,,Aneet to A t slue of$41 ppnflker toccnsider the cross• IAl$t1nling the least ecological seoional area of the tree at 4$feel Special Ecological Considerations algnlficance' Thus,A range of values Abil%r the g,rOtlltd,its 5peeiea,lit 11 ill Often neceblare to do cAn be found for trees within a coot lioit. And Its kmilion. 1 oluations of trees ori..i other plAnts In functioning ecosystem, SECTION 16 Page 47 2 10 C I The Value of Trees to Residential Property of the average houseincludes$2,100 value of IanduAping for residential NUmel"Ous studies hAVC been done for the presence of an avenge of five properties At 7.28 percent end for AbouIthevA1ueof trees10residenhaI ptrees.Therefore,an average of four commercial roperttirent n goperty.The studies show that ercent of the price of the average in a story on home renovations Inc le are willing to pay more for house war attributable to the es that are surrounded with trees Presence of Irees. Many mAgArine(April 1986),It was an Inastdyofcaping, Ina study ofappral$a, values, recoreryvAlueeof100�p20ppercent 4 in a study of the Town of Greece,a open land with no trees was "if it Is well done and harmonizes , uburb of Rochester,Nasf York,(reed AP raised at 51,500 per acre(1973 with foliage nearby."Since not all I^ vts sold for an average of 59,5pp dollars),while land that was N.O. I^rpros•emenb recover their value, "ore (18 percent higher)than thirds wooded a es appraised at this compares to the recoveryvalue nbred lots Ihgorafes et AT,1963),The $2,050 per acrt(Payne 1973),A 12• of kitchen remodelling at 73 to 125 tud)' used the real estate valuation Acre tract of land "'As selected,and percent,bathrooms at so to 120 +ethod In which the state v lu different Images of the site with percent,A ne6V deck orpatio 040 to "mparable houses with and without carying nuniben of trees were 70 ercent,Anda nvirr PAtI aturt tree cover were com aced.A PrepAred, These images were shown 20 to 50 ercent. g pool at s al of 44 homes were wM In the to real estate Appraisers who were A 1981 U.S. Tav Court case In udy.The homes were located In the Asked to estimate A per-acre Value. Arlington,VirgtniA,determintd thAI me test Area,newly constructed, On Average,trees contributed is the loss of a 10G•ytar•o1d black oak "I sold ocer the same heo•yeAr much as 27 percentotthe appraised tree on a property valued a black Oa p0 riod.NAIL the homes hAd 4ind value. reduced Its saiur by 515,000 or nine bstan"Al tree coVerAnd half had no In a survey of residents in a e cover.The Aversga sdlin rite In Point,Wisconsln, Percent. 8 P subdivision,it was found that the A Word to the SYlse Developer houses(In 1983 dolle St with no e cover was$51,109,And the Presence of trees was she most All of the statistics given above 'rage selling price of houses with f^Portant(Actor In Influencing the reface as dirrcely to the development A cover sass S60,614. The Authors Purchase of their property(Vander of new residential Areas As they do to tion thAt not all of the 59, Weit And hillier 1986) A mAJority of the sales of evbting homes. Price homeowners stated that more than 10 1)rVelopen,however,often find it er sn CCJ n be directly attribI percent of the rahrr of their homes De er per%,however residential find td It rees bfiAlr sthe uns,00ded lots could beattributed to VegetAtion. rather than W stn'And deal with the �t",iIt either closer ro the main road or A 1956 GAltup sun'ev on the value rrqulrrment of fret preservation.We I-ind that s,,u coned for rnsity develupment. of landscaptng found 16 hate strn that trtvsand landscaping --rchester,Connecticut,as indscaptng incrr,urs the VAtue of a can add thou, io the sates price As sir to nhre percent 01"the residtntia!or comet�rcf Y property of a new home.How does this relate sales price of a house could be (IYeyerhAeaser Com An 19$6). t°the Added costs of preserving frees :'Lite d Io"good tree cover" Conducted in Ati 50 stAits,the sun•ey on the construction Vie! 'ales 1950).A tot,,]of 60 homes luund that buyers of VfIv And In two studies of developers,one owerebe in the study.The preciously owned homes estimated In Amherst,h{assachusetts,And one s were between four And fire that IAndscaping added 14 67 percent in Athens,Georgia,It suss found that old,s,iih half orthe homes to the value of A home,5latylrvo In Athens, trees on Jill was A sound 19 A A substantial Amount of tree also felt that lands<A Ctrs awes esd economlcnt decision ISeIiA and And half with no tree cover P g Anderson 19821,In the Anthers! ses In rahre attributable to the 900t,or betterA home Improvement study,conducted in he A nine ""e" tree corer rAnged from remodelling And chat lendee of g builders reported An Average Cost of (serrn ppercent)In the least held or Improved it value as%Veil or About$1,000 t to clear heavily the btc ntrg n the od to 52,68; better than other Improvements, trees were to be eased, the o ercent) In the mostdesirAble In a survey of real estate orht o11 elf AringCosisand protection of the • me to five percent increase In felt thattlandscaping added IQ theenb Averaging nffes Wa higThs nine 93 Percent Of es prices s,GcorSIA, dollar VA1ue of real estate In Athens,Ccorg)A, a'as 111'ryerhaeuserGom an 19961. builders reported that they were i, led And the(�++resence of trees Trendnomics And the National Always able to recover theealrs cost son and Coreiel! 19921.The of preser in trees In A hlghet sales of Ihls study reflectactuAi real Gardening AsithTh S ci ah n"ket transActions,in tVhich f00PtrAtion with The Society of Real pries she Athens study,rind builders. 0 t^d buyers negotiated final EsiAle Appraisers,Conducted the aeresun'e Ysf ices. During the period from survey 01 1,234 Society embers. About Mee removal and Jtiinet '• y Presen'Ation practices for 106 houses t9S0. the sates were n nine Ptrica a of these they had built. The builders reported �J Im the local Board of respondent IndicAlN that 6-11 Public demand was higher for t;pte,972 r dfcted.In landscaping enhances the sales h Appeal Of residential real estets.The IneouuRSerdh reaaservind any extra Cosh the S}6,912 predicted price Appraisers surveyed Also fated the recovered In the final sates peke. preserving trees rees SECTION 16 Page 48 - - -�M 2 32X10 ?t r , } , t v � r v '} j � I � 51 • W. d i 'r. I ' I aswar f • 1 0 ;. li 1 e k MUNICIPAL TREE PROGRAMS construction dollar,25 cents goes to There are other studies that add Trees are the only part of the pavement and S2 cents goes to the further evidence to the ease for trees munldpal infrastructure that actustIy rovision of sewer and water as valuable pieces of mu nkl a P in value every p p C y year,roads, lac titles.Trees,with properly programs.In a survey of 150 " ,tydrants,and street lights prepared planting areas,cost only two residents of Detroit,respondents depreciate In value every year.Trees, cents of that dollar(Amerlon demonstrated a hl;h regard for tree however,Increase in individual value Forestry Association 1969). programs,rating them second only to ' f as well as adding to sdJacent Since trees add to a municipality's educational programs(Getz et al. Property values.These property economic health,tree planting 1932).Respondents indicated that values lead to Increased tax revenues programs are often an Important part they placed high values on trees In for the municipality and often to the of revitalization efforts.Some of the terms of:t)the influence of Trees on revitalization of residential dnd most visible areas to plant trees and their choice of a pla•,10 live;2)the commercial areas. encourage Investment are a city's influence that they perceive trees to The cities of Cinclrnati and airport,Interstate highway have on property values;and 3)the Milivaukee each have A unique way approaches,industrial opportunity advantages that they attribute to of recognizing this addition to the areas,and the central business having trees.EIghl out of 10 p munldpal coffers.In Clnclrtnati,the district(Bartenstein 1931).For respondents Indicated trees would dollar value of public trees slated for example,Seattle noticed a substantial have an Influence on the choice of a removal must be paid b),the Increase in lease rates and a decrease place to live,and 90 percent Indicated offending party before the tree is in vacancies on a commercial street that trees Increase property values In removed,Thus, If the utilitycompany planted with trees In preparation for excess of l0 percent,And,In a study wants to remove trees for it new the 1967 World's FAIT.Similar but of trees on residential property in utility Installation, They must pay the unplanted streets displayed no Athens,Georgis,Wescontributed city for their lost value. If a property significant change(Bartenstein 1981), directly to the annual tax revenues of owner wants to relocate a driveway, InKeenr, New Hampshire, in the community(Anderson and that owner must also pay for reforestation became the key of the Cordell 1932).Trees contributed }, replacement trees in the viclnity of downtown revitalization effort. between 51.46 million and$1.79 the tree removed(Sandfort and Recognizing the connection between million to the value of the homes l(uncL 1986)4 Mil4'aukee values Its the health of the trees and the health studied.Since trees caused this trees so highly that It includes the of the business district,community increase In property value,they costs of tree planting in the capital leaden made tree planting an contributed almost$20,000 to the 1( et for roadbullding,Of the Integral part of revitalization plans. community's tax revenues. References 4mtrican Fon•stry Association."Trees Mode the Difference Fbenreck,Saw"hieasurin the V'Alua of Teee{'America e ' Urban Forrsr Formpt a,no.i(196!). Foresee,July/August 19G,It,64. "The Street Construction (k�llar." Urban Fore!ForurN 9, Franks,Fdsvla C.•slid John W.Ren,as'A Formula for no 1 119691, Assessing the Ecological Value of Teets,"Journal of kneerson,L,ht.,and H, K.Cordell "Residential Property Arbar(cultnre 11,no. Values Improved by Landscaping with Trees'Sawhern Celf,Dale A.,AlexAnder Korow,snd),James Kielbaso."IAnet w , Jmn,ral of lfl+I(ie,f Fornrry(1952):162-68. City Prtferences for Trees and Urban Forestry Progtams.' 3arten5tetn,Fred "The Future of Urban Forestry.'Journal of low mat of Arborirulnve8,no.10(1982):25b61. Arburicldrure 7,no to(1931):261.6E Helsler,Gordon M."Energy Sovins with Trees,'Joeureaf of trlckman,Dick."Landscape Architecture:Dots Monty Senl Arboriudfurr17U986):111.2l. Translate to Lease•up?" Det'tloprntn),hlArch/April 1990, Ivlartin,Clay,"Invetin In Municipal Tree'Urbarfforest :lark,Edlvin,111,lenniler Hn trkamp,and witltam Forum 9, no,3!May/June 1989E " Chapman.Ero,f"19 SOifsr Trre 0fl'Farm Impods.Weshlnsion, D C. The Conservation Foundation,19$3, k1cPherson,E.GetEEaaory,and Sharon Biedtnbltndet."the Cost :onferenceonAlternath'e State and locol Policy.An JouSnaeof ASarleidurttfno9(19911:21;1Sheltm' 0 " Envlronntrodal Agowfo for tru!rates.Washinalort,D C.,19$4. Moll.W ry.'How Valuable Are Your Trees."Amukee Forests, h"'slle,D. R. "Manipulating Urban Vegttatlon for April 1961,8.8. identl a l E ne rg v Co nse rvs tion,"fn far&w(ngs of ll e .,r;orml Urban Forestry CmQererue,edited by 0 Hopkins. Morales,Dominic),"The Contribution of Trees to Residential S,,vracust,NN.:State University orNewYeACollegeof PropertyValus`Journnfo/ArBrrkuhart6,no.11(1980), EnvitonmentAiSciencesnd Forestry,1976,257.83, 10508, SECTION 16 Page 49 ?. �iK � ❑ 32x ❑ 0 'i: r r l.'� { n J i i n'^rR+ > �Ir n A .'.9 r�{� ,">< `e 5 ,is t ^ ., ',N�L a r, t r�'T r tr ,. 6 ) i r' F I I ,t „ f , y .':1 r y ty r Y-, • r 1 i� L:r F V , a n r rr . r 4 , y3 r• y , :.. + r � i f Y .�.. �.a Ji k.+r .«v,rv.:..r ..ve-+.sow ..w�.wve.u,w,•..�w...� h.i N �:.-.. � �-..t . t.F." .;r Frederick J.Mlcha,and Ronald L.Weber.`Two Methods Andlorl Ste+e,and Reno C.Runck'Trees Nerd Respect Toot, " of Valuating Trees on Raldentld Sites'Journal of Journal of Arborkulture 12,no.6(1986):141.15. Arbarkufture 9(19631:21.21. - Sella,Andrew,and Linda M.Anderson,1411maling Coals of 1y,Dan ed.Yduat(on of Lndsmpe Trm,SArubs,end Other Tree Presarvatbh on Residential Lob."Journal of trtnb.7th edition.Urbana,lit.,International Safety of Arbodculture 6,no.I(1932k 162-05. Arborkulture,IM. Utrkh R.S.*Natural Versus UrbanScen":Some Nelson,William R-4 r. in the Landscape:A Look Beyond PsyckophS stologieal Effects'Ene(ronrnrn)end 6rhaofor 13 the0bvious."J ourrurlof"PICulturt I11975):12t•20, (19611:S215d. Norms n J.M. The Influence of Trees on Climate.`Irt rpm for `View Through a Window May Influence Recovery from `g Various Uses:Papers of the 7th Aromal Trm r Nebraska Surgery." yy fo Sure Scterree224(19641:420.21. ! Confrrerre.Lincoln,Neb.,Nebraska Center for Continuing Eduation,1984,19.24. 'Visual Landscapes and Ps chologicai Well-?gins,"Payne,B.R.,and S.Strom."The Contribution of Trees to the Landscape Research 4(1979):17.23. ,i "pipnked Value of Unimproved Residential Land.' Vander Welt,Willtam J.,and Robert W.Miller:`The Wooded Vrtlnallon 22,no.211973):36^45. Lot:Homeowner and Builder Knowledge and Perception' iL Ridker,Ronald C,and john A,Henning,`The DelerminanU o! Journal of Arborlrulhne 12 no.511966):l29 34: y' Residentlat Property Values with Sppeeclai Reference to Alr Vaughan,Roger,and Larry Hucking. `The ECOnomiCl of Pollution.` rhr Rn en of Eronanrlc Slatutks 19,no.2(1967) Expressway Noise Pollution Abatement.'Unpubtished 246.57. manuscript.August 1975. z Rodbell,Phllllp,Greg McPherson,and Jim Geiger.•Planting S1'epperMeuser Company.The YaGu of Lenduapfng,Tacoma, c , .j the Urban Desert.•Urban Forest,June/July I991, Wash.t Weyerhaeuser Nursery Products Divwon,1986, R � , i r � r E L , d I • 1 r 4 j L i L SECTION 16 Page 50 32X e5F 1 1 :1 I 4 , , jV . N,& R , 0 4 1 } 1 :/� Nn� h��Yli'.��1.✓IT,4�M'k1<VCM'�4.S6A^.WY�1' Y.1'.I.N N1i.AA1�..Tl�p�A!}'V'IYMIL'M'^aYC,T„1.�.�..���'w�Q +��,r'�'�MaO.��1Klt:/9UM'�YiMY,.IiN✓YI.'v�..,,tir.MrvHt....ra Vrrv_.» _w.r.. I Table 1;Alternative Goals and Strategies for the jrbon Farest Goal Rationale Strategy 1 Strategy 2 Strategy 3 Comments Protect The largest, oldest Identify local trees Under the Under tha Trees have root Landmark trees provide a which are at least guidance of a guidance of a systems beyond Trees dramatic example 75%of the size of professional professional the standard of local natural the state or orborist, select only arborlst, identify critical root zone to history and a national champion noteworthy species the local protect themselves preferable seed tree of that species and preserve all champion trees of from drought and stock due to their and require the mature trees and vorlous species other harsh hardier, more preservation of the 90%of their critical and buy, negotiate conditions, drought and urban trees and 160%of root zones, easements for or Preserving 100%or reslstant nature, more of their otherwise preserve more of the root critical fool zones. the trees and 120% zone is necessary of their critical root for their tong-term zones survival. Prevent Streombonks are Establish buffer Allow full clearing Limit clearing In the It may be Streombonk easily erodable: zones 40 ft from the and grading along buffer zone to trees advisable to Erosion removal of trees hank along both streams on a and shrubs under 8 coordinate any along the bank sides of all seasonal basis, caliber inches, buffer zone with allows future storm waterways and requiring full protect 10096 of the the official 100 year 1 and (Josh flood preserve the reprinting of new critical root zone of flood plain, the events to remove critical root zone of trees and ground remaining trees Regulatory and bank and topsoil all trees In the cover before rainy and require the Review tones • and Increoses zone. Also, prohibit seasons begin, expedient olong the Trinity downstream water or limit the removal replanting of Rtver and velocities further of any trees or ground cover, community eroding sites underbrush In the greenwoy plans, beyond the buffer zone, removed tree,. N ' r O ' z N v f ro � r � I ❑ 32x ❑ O i i Goat al (COnnnued) Reduce Tree Planting on Require t Sfrale 2 Energy Costs shade bufldfng Require tree Set minimum lot Slrote 3 Comment' surfaces and Planting io dlmensfons to allow Moll out tree The southwest substantially Preservation t0 room for Icr a trees Planting quadrant Is tram reduce peak g information and to canopy o grow on single advertisements in dAolnt on the cooling needs, the AY farn!!y properties, the local electric south aide of the urban heat island he southwest of Require all building, effect and energy °mobuilders to bNI. the perlme er of demand, gY quadrantal! plant or preserve he bulyding to the commerclof and at least two frees in mldpotnt on the apo ings. the southwest west side of the buildings, quadrant of Ott building, Promote new residential Xorfscaping!s the By ordlnonco, sites. Xerlscoptng practtCe of utiflzin ttequfro the nallvo and locall g adopt on offldoI preservollon o f Require city staff to Xerlscdping is akin adapted y ust of native and groundcover and natrveavnd%or of f 0 °pAr�ormance vegetatfon to Iocatly adapted undergrowth within band In,ho sense Improve drought trees, shrubs, and the protected preferred specles that on ,t 9 groundcover and crt}lcol root tone of On require that N n. Ne Or resistance while allow Only the Ioovpy adopted reducing he plan Of specles otherwise planted trees and plants ore likely to wOfertng, fertillzfng ham that f 3 protected frees, 7596 Of all other grow wlth0ut f and maintenance Owner ground Cover ' ry cost of come from er MoIntenance In 4' landsco fn ofnclol kst, severe north Texas a oondltlons, o HN �U7 W I 7 � 10 32XID 'u ' a ti 5 i ' i;� 1. y n•¢i'!'f�C�.Spa'� �a`.L'��P7b'SIB°+.:'kf�..,r:i"', 2'^"+.W-1'�tYP:. Y1!kv"L`R:istkbvl7. ,•q',vt?1:;,X AV.v,O!F�,TK,J1!'CY4slW,.,Ylwx Table 1;Alternative Goals and Strategies for the Urban Forest(continued) Goal Rationale Strategy 1 Strategy 2 Strategy 3 Comments Promote The beauty of the To Insure Regardless of Require the To count any Quality overall city is reforestation, current tree cover, submission of existing tree Landscapes dependent upon require the require o minimum canopy cover map toward a the individual replacement of all of two frees per iot showing the landscape landowners. B caliper inch or in single family locotion. species requirement It is Minlmum greater trees residential areas and mature size of necessary to landscape removed outside of and one tree per existing and future preserve at least requirements help the building twenty parking tree,to document 75%of the critical maintain property foofprinl with trees spaces in other a minimum 33% root zone of the values by amounting to an areas. canopy cover tree. New trees In beautifying equal number of outside the porking lots require neighborhoods caliper Inches. bullding footprint. planters with at and commercial least 100 square ei,frlcts, feet of foot space. r Preserve Trees and forest As port of the local Coordinate During variances Notwol forest Open areas provide pork progrom, greenwoy encourage land or preserves form the Space and shelter, food and Idenilfy molof development financial donations backbone of the Wildlife quality habitat for forest resources along the 100 year to the open space urban forest. It Is • Habitat many species of and purchase, Boodploin to link fund, Mow Important to lInk wildlife. Fish need secure easements local preserves with automatic these areas In the treed streombanks for, promote leglonal administrotive urban fabric for shodo and clustered greenspaces along approval for land through smart aquatic diversity. developments the Trinity River. donations with greenways along N within or olhefvrise 125%or greater creeks and tree f n protect the areas existing coiiper fined streets. Open 1 • from development. Inches of trees meadows within a i • ocgacent to or forest provide j along planned valuable habitat i reenbells, diversl . ro i a w ro w �f, A • � �_l 32XIO r t Yl�h'M i " i e five Is an Goal 1 s ' Ro}tonale Sfrole i (aont6wed) MrtOMo Trees Imo frafe 2 Automobile prove air where space Strafe 3 Emissions qualify by reducing permits,maximize Revbe Require orl new Comments the urban heat Require To maximize the Island effect, shading of guidelines to allow developments to benefits of street filtering Poflutonts concrete by right of way for Provide rows of and exchanging Pianting large free y bees along streets, tree Piont g median and driveways arxlrnm a use of 9 9 species In oi! oxygen for carbon, existin m sldewaik tree Internal circula l edians planting, lion recommended and along existing routes. all roadways. Planting distances Control Tree canopy etween row trees. Runoff and pY and Minimize Reduce bark slows the Require As o condition Of descent of rainfall, surfaces by Impermeable As with The use of Hood holds water after o urge Parkin b'�ing permit Damages rain and works to Promoting the use la largo urban OpprOV°4 require a °bfe MkkV reduce peak flood of tottica work or ban the submission of o ° aces b� grid paving locks surface runoff into PPkOble to events, Tree rOafs Ond otherg forested wetlond C°may the ma OverflowpO stabilize son and surfaces in r�s Impoundments location the When uy Provide pormeoble lots. Parking prior to end Into locatron species around newly • surfaces for the creeks or sloorrm °�mature size of existing and future Punted trees fnlRtr ater of sewer system. trees to document Permeobie Pa rainwater. a minimum 33% surfaces can � canopy cover extend the root Outside the Zone of trees otherwise flrnited ° • foot t concrete. d ro °i r � x O ? LJ 32 x a r a. � 1 ., _r '•t a 4�1 t J.�: K i t r r. a a , r a r h a V , c+ r i x. F d , r lY i Table 1:Alternative Goals and Strategles for the Ur n forest(contkxred) Goal Rationale Strategy I Strategy 2 SWegy 3 Comments Promote Unless trees are Require minimum Require the posting Encourage that New trees take Heolthy properly standards for of a performance organic materials, time to become Trees maintained. new fencing arc rnd the bond for of tree ktckrding trees, established and ' planting and perimeter or the plantings and Identified for existing frees take preservation crlticol root zone of preservations, with removal from the tine to acW from requirements win trees identified for the stipulWlon that silo be used for the trouma of root be Ineffective, preservation during all new and compost on-site, and 6mb damage construction and preserved trees during development, must survive to the constnrctfon. Most third fag after trees take mote construction Is than one year to completed. die or show signs of e. i_ r., ,; i ; J�O� N z r ,�S � 10 32X10 I. P ji'-. Atid`' � e >� �) I L:r, FY ':' f� r•.`• �. r + �. � ''y V rot �,� V ryn YA.v [. E 1 l 1 ( article J.GenerctDevelopmentSrandarb DWrW3.1. GtiPmWskt 1 I 11, pmsioN 3.1 GENERAL PRovistoNS Sections: r 3.1.1 Applicability 4 3.1.2 Relation to Zone District Standards 3.1.1 Applicability V sAll development applications and building permit applications shall comply with the ' 1 applicable standards contained in Divisions 3.1 through 3.8 inclusive, except that t single family dwellings and accessory buildings and structures and accessory uses + that are permitted sub ject only to building S Pe rmit review as allowed in Article 4 need , Article 4 for the zone di w 'c to comply only with the standards contained in Am strict in In h PY Y r such uses are located and the standards contained In Division 3.8. 3.1.2 Relation to Zone District Standards(Article 4) ,- Cin the event tl f a conflict between a standard or requirement contained is Article 3 and Article 4, the standard in Article 4 shall prevail. - IT V , r 4' t pry of Foil Conlrd Land Ulf Cads Arrlde J.Pw J hop ssd A 1997 OWV u SECTION 18 Page 1 h 25 K 10 32X s J, ,t 0 l ,{ I i Artkre3,CenrralDn'eropmeneStandards I � . XWjsIO.,4 DivWonJ.$SI+ePll !�Seandards ` I Sections: " 3.2.1 Landscaping and Tree Protection 3'2'2 Pedestrian/Bicycle Circulation 3.2.3 Solar Access, Orientation,Shading 4 3.2,5 Site Lighting 3.2.1 Landscaping and Tree Protection (A) Applicability. This Section shall single family detached dwellings) it all development(except lots for development"CLOD') 8 ) the designated "limits of to Section 3.4.I )and natural area buffer Zones established according (Nahual Areas and Features). (B) Purpose. The intent of this Section is to require preparation of landscape and tree protection plans that ensure significant canopy shading to reduce glare and heat build-up,contribute to visual quality and continuity within and between developments, provide screening and mitigation of potential conflicts between activity areas and site elements,enhance outdoor spaces, reduce erosion and stormwater runoff, and mitigate enhance pollution,Outdoor (0) General Slandard All developments shall submit s landscape and tree Protection plan that: (1) reinforces and extends any existing patterns of Outdoor spaces and vegetation where practicable, (2) supports funotional Purposes such as spatial definition, visual screening, creation of privacy, management ofmicroclimate or drainage,(3)enhances the appearance ofthe development and neighborhood,(4)protects significant trees,natural systems and habitat, (5) enhances the pedestrian environment, (ti) identifies all landscape areas,(7)identifies all landscaping p area and(8) meets or exceeds the standards of this Section. landsca e e (D) Tree P14111ing Standards, All developments shall establish groves and belts of trees along All city streets,in and around pazldng lots,and in all landscape areas that are located within fifty(50) feet Of any building or structure in And order to establish at least a paztial urban tree may also be combined or interspersed with other andscape Areas In I remaining portions of the development to aecommodate land$and functions such as active recreation and storm drainage. I Q cry 0/ran comes Land Use code Meld!,Pele Proposed Jn11, 101 CAen jq . SECTION 18 Page 2 � ,; ! I p Y ! A l {ie •1 iu�' I t � 1 i r .y I I �! 1 , f ..I i , �� t A t S >4 l - i� }, f Article 3,General Development nandardt Dl vulan3.7,Site Planning andDeri=n5tandardi (1) Minimum Plantings/Description. These tree standards require at least a minimum tree canopy but are not intended to limit additional tree plantings in any remaining portions of the development. Groves and ,{ belts of trees shall be required as follows: •'r (a) parking lot landscaping in accordance with the parking tot landscaping standards as set forth in this Section and in Section 3.2.2.Access, Circulation, and Parking; (b) street tree planting in accordance with Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys, and Other public Ways or other street tree planting as defined in subsection (2)(b) or (c) below; (c) "full tree stocking" shall be required in all landscape areas j within fifty(50) feet of any building or structure as further described below. Each such landscape area in which full tree stocking is to occur (1) shall be provided in adequate numbers,locations and dimensions to allow full tree stocking to occur along all high use or high visibility sided of any y{ building or structure; (2) shall not be closer than seven (7) feet from any building or structure wail; (3)shall contain at least fifty five (55) square feet of non-paved ground area, I except that planting cut outs in walkways shall contain at least 16 square feet;and(4)shall include cutouts,planters or other i landscape areas for tree planting within any walkway that is twelve (12) feet or greater in width adjoining a vehicle use area that is not covered with an overhead fixture or canopy that would prevent growth and maturity, m1. ^ Full tree stocking shall mean formal or informal groupings of trees planted according to the following spacing dimensions: MinimumMMaxhrtrtm 1. Canopy Shade Trees 30!•40' spacing 2. Coniferous Evergreens 20'•30'spacing , 3. Ornamental Trees 20'•30'spacing Exact locations and spacings maybe adjusted at the option of 0 the applicant to support patterns of use,views,and circulation Ory offort Carlin, Lan d ule Code Article),Per J Propated Jnly,1991 CAav" SECTION 18 Page3 yr" r r 2 32X10 , t ev Ante lr3,CeneralDrvrlopmenrSrandardr � 1 .� Div lrlon3.],SiltP(annApandDrrf�St a as long as the minimum tree planting requirement is wet. Canopy shade trees shall constitute at least So% of all Ire e , plantings, Trees required in subparagraphs (a) or(b)above maybe used to contribute to this standard, (Z) Street Treat. Planting of street trees shall occur in the adjoining more street right of way in connection with the development by one or below.of the methods described in subparagraphs (a) through (c) (a) Wherever the sidewalk is separated from the street by a Parkway, canopy shade trees shall be planted at 30'- 401 intervals (spacing)in the center of all such parkway areas. Such street trees shall be placed at least eight(g) feet away from the edges of driveways and alleys, and forty (40) feet away from any street light. (b) Wherever the sidewalk is attached to the street in a manner that fails to comply with the Design and Construction fi Criteria, Standards and Specifications for Streets,Sidewalks Alleys and Other Public Ways, canopy shade trees shall be established in an area ranging from three(3)to seven (7)feet behind the sidewalk at thirty(3 0)to forty(40)foot spacing, Wherever the sidewalk is attached to the street and is ten(10) feet or more in width,or extends from the curb to the property line,canopy shade trees shall be established in planting cutout areas of at least sixteen(I6)square feet at thirty(30) to forty (40) foot skating, i (c) Ornamental trees shall be planted in substitution of the canopy shade trees required in subsection (DX2)(a) and (b) above where overhead lines and fixtures prevent normal growth and maturity. Ornamental trees shall be placed at least fifteen (IS) feet away from any street light. (3) Minimum Species Diversity. To prevent uniform ins suss tibiG ect or disease ase ty and eventual uniform rm se or in the adjacent area or the district species on a development site extensive monocultures arc prohibitedcies�diversity 1 following f Cquinid and 0 requirements shall apply to any development plan. • C1ry aJPon Cd&,j land()14 Codr Anlcle P,Pyr d Proposed-MY,, 10PICAdvrj SECTION 18 Page 4 PAW 2S - 10 . v . Xla � r ��, l�pw v p � Z � f r •1'' � " j i r,s i PRIULNUML v 0 ' Ankle 3,General Development S+anda4s Dfvtrton 3.2,Site Planning and Ds(p Srandardt Number of trees on site Maximum percentage� fly one apecies 10-19 50% 20-39 33% 40-59 25% 60 or more 15% (4) Tree Species and Minimum Sizes. The Director shall provide a recommended list of trees which shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade trees that may be used as street trees. The following minimum sizes shall be required: 4 Minimum Siu Canopy Shade Tree 2.0"caliper balled and burlapped or equivalent Evergreen Tree 6.0' height balled and buriapped or equivalent Ornamental Tree 1.5"caliper b alled and burlapped or equivalent Shrubs 5 gallon or adequate size consistent with design intent Canopy Shade Tree as a street tree on a Residential Local Street Only 1.25"caliper container or equivalent Any tree plantings that are in addition to those that are made as part of the approved landscape plan are exempt from the foregoing size requirements. (E) Landscape Standards. All development applications shall include landscape plan:,that meet the following minimum standards: (1) Buffering Between Incompatible Uses and Activities. In situations ` where the Director determines that the arrangement of uses or design ' of buildings does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses or building designs, one or more of the following landscape buffeting techniques shall be used to mitigate the conflicts. (a) Separation and screening with plant material:planting dense stands of evergreen trees, canopy shade trees, ornamental trees or shrubs; 0 i Gy o/fon Collty land Vie Code Anlcle 3,Pap I Pro1otedhly,1997 Chanps SECTION 18 Page 5 ! a 32XI0 rw_ , Y I t � 1 j�• norm . J M1 •VOrsr r ;. I" Anicle 3,General Developmrnt Sraldardf ` DivL•lon 3.7,Sue Plann (• t+y and Dulyn Srandmdt ,. (b) Integration with plantings:incorporating trees,vines, Or other plantings into the architectural the of buildings an ers an their outdoor spaces to subdue differenc ana and bulk and avoid harsh edges; es architecture (c) Establishing privacy:establishing vertical landscape elements to screen views into or between windows and defined outdoor spaces whew privacy is important, such as where larger buildings are proposed buildings; next to side or rear yards of smaller (d) Visual Integration of Fences or Walls: Providin g plant material in conjunction With a screen panel, arbor g wall, privacy fence or security fence to avoid tbevisual m effect created by unattractive screening or security fences; {e} Landform shaping: utilizing berming or Other grade changes to alter views,subdue sound, change the sense of proximity, m and channel pedestrian moveent. ' (Z) Landscape Area Treatment Landscape areas shall include all areas { on the site that are not covered by buildings, include paving as impervious andsca ous surface, Landscape areas shall consist only of landscaping. The selection and location of turf, ground cover or (including shrubs, grasses, perennials, flowerbeds, and slope shall be used retention), and pedestrian paving and other landscaping elements to prevent erosion and meet the functional and visual Purposes pa as defining spates, accommodating and directing building on patterns, managing visibility, attracting attention to building entrances and other focal points, and visually integrating buildings with the landscape area and with each other. A (a) Turf s grass. High-use areas shall be planted with irrigated turf grass. Non-irrigated shorigrasa prairie greases or other adapted grasses that have been certified as xeriscape landscaping may be established in re li mote, fow-use, low visibity areas, ` { (b) Planting beds, Shrub and ground coverplanting beds shall be • 0 separated from turf grass with edging surface areas covered with mulch. g and shall have open ��' { Crry ojAm Colknr land Vie We Anlale!,Paled Proposrdhrly, lDDlr;Aenty ," SECTIO14 18 page 6 10 32XIO I ! v 0 k. e ! Vi I I . r a Anlcte J,GenerdDevelopment Sranda dr Df"n!',Site Planntns and Destan Standards p i (c) Slopes. Retaining walls or slope revetment integrated with plantings shall be used to stabilize slopes that are steeper than " ' (d) Foundation Plantings. Exposed sections of building walls <° ' that are in high-use or high-visibility areas of the building exterior shall have planting beds at least 5 feet wide placed directly along at least fifty(50)percent of such walls. (e) Parkways. All adjoining street parkways shall be landscaped a in connection with the development in accordance with the Design and Construction Criteria, Standards and Specifications for Streets,Sidewalks,Alleys and Other Public Ways (f) Agricultural Use. If outdoor space is maintained in active agricultural use, the landscape surfaces and ground cover standards above shall not apply. (3) Water Conservation. All landscaping plans shall be designed to ' incorporate water conservation materisls'and techniques through application of xeriscape landscaping principles. Xeriscape landscaping principles do not include or allow artificial turf or plants, mulched (including gravel) beds or areas without landscape plant material,paving of areas not required for walkways,plazas or parking lots, bare ground, weed covered or infested surfaces or any T landscaping that does not comply with the standards of this section. Xeriscape landscaping principles shall be: (a) grouping plants with similar water requirements together on the same irrigation zones; u. 0 (b) limiting high-irrigation turf and plantings to appropriate high; f i use areas with high visibility and funcdonal needs; ' (c) use of low-water demanding plants and turf where practicable; j (d) use of efficient irrigation systems; 0 0 (e) incorporation of soil improvements; t Gq ajfan Cottlne Land Ure We Antele J,Paje! Propaedlap, l➢97 CAan,Jee t SECTION 10 Page 7 ,, ' ?5 K 0 32X' 10 I ,r•1 a. ,trllcfr 3,GrneralDnrfopmrnf Sfandardr ; 'I Division!.$Skr Plan"in$and Drsfpn Standards (� use of mulches; (g) Provision of regular and attentive maintenance. ' (4) Parking Lot Perimeter Landscaping. Parkin t landscaping (in the minimum setback areas required b Perim eter 3.2.2(1){Access, Circulation, and Parking)shall meet the fo locwing y Se minimum standards; (a) Trees shall be Provided at a ratio of one(1) tree five(25)lineaI feet along a public f ni and re e{ )Per twenty- forty(40)lineal feet along a side lot line ar tree per Trees maybe spaced irregularly in informal mg setback area d uniformly spaced, as consistent with larger groupings verall planting Patterns and organization. Perimeter landscaping along a street may be located In and should be integrated with the streetscape in the street right-of-way, (b) Screening. Parking lots with six or more spaces shall be screened from adjacent uses and from the street. Screening from residential uses shall consist of a fence or wall six(ti) feet in height in combination with Plant material and of sufficient opacity to block at least seventy-five (75)percent of light from vehicle headlights. Screening from the street and all non-residential uses shall be of sufficient height and opacity 10 continuously block percent at least the lowest twenty(20) a street or a I the cross section view of the Parking area from the adjacent W. These screening standards may be met in any number of different ways,including,but not limited to A garden wall,retaining wall, wooden fence, earthen berm, constructed planter, dense hedge, or combination of ways, Where screening from the street is required, Plans submitted for review shall include a graphic depiction of the parking lot • screening as seen from the street. Plant material used for the 6 required screening shall achieve required o act seasonal condition within three years of construction 'the vehicular use area to be screened, 1 (3) Parking Lot lntedorLandsca in , • Access,Circulation, and Parldrt g As required in Section 3.2.2(MXI) O • Of all parking lots with less than Is00 spaces , and ten(10)pen of City ojfoa Carnet Land tireCad# h Arrklr J,Pap 19 I � Propotrdluty,1997Chaa�rt ' SECTION IS Page B i, 25 32XID ' ' f ! i S! s l.. ♦ S 1, no n,~ .. n' k1 > � `B l lq� , y °ly r wl .. t"A e lr t,; i 4yt , t /i1C0A7 S; 0 �. r ; r icy , Ankle J.General Dewlopmenr Smndards MOW J.),Slu Plannrn f and Derfan Sw dar& ; the interior space of ali parking lots with l00 spaces or more shall be landscape areas. (See Figure 1). All parking lot islands, connecting ' walkways through parking lots,and driveways through or to parking lots shall be landscaped according to the following standards: (a) Visibility. To avoid landscape material blocking driver sight distance at driveway-street intersections, no plant material greater than twenty-tour(24)inches in height shall be located within fifteen(15)feet of a curbcut. (b) Maximized Area of Shading. Landscaped islands shall be evenly distn'buted to the maximum extent feasible, At a minimum, trees shall be planted at a ratio of at least one(1) canopy shade tree per one hundred fifty(150) square feet of internal landscaped area with a landscaped surface of turf, ground cover perennials,or mulched shrub plantings. r r 1 = , ! r it (c) Landscaped islands. In addition to any pedestrian refuge areas, each landscaped island shall include one or more canopy shade tree,be of length greater than eight(8)fee#in its smallest dimension,include at least eighty(80)square feek y of ground area per tree to allow for root aeration, and have raised concrete curbs. 1 (d) Walkways and Driveways. Connecting walkways through parking lots, as required in subsection 3.2.2(B)(5xa) I (Walkways) shall have one (1) canopy shade tree per forty (40) lineal feet of such walkway planted in landscape areas within 5 feet of such walkway. Driveways through or to parking lots shall have one (1) canopy shade tree per forty (40)foot lineal feet of and along each side of such driveway, k $ in landscape areas within five(5)feet of such driveway. r, a `rc (e) Engineering. Detailed specifications conneming parking lot f "` surfacing material and puking lot drainage detention are available from the Director of Engineering. 3 ' W (6) Screening. Landscape and building elem:nts shali be used to screen + y M areas of low visual interest or visually Intrusive site elements(such as trash collection, open storage, service areas, loading docks, and blank walls)from off-site view. Such screening shall be established Cry of fort Cofllns Land Vu Code Ardefe 1,Pass l! Propored J4tK 1991 Mans" SECTION 18 Pad'e 9 a. 32 C e 0 ApMew 1 Anic leJ,GenerarDeveropmen�Smadarde ( '1 L'ivltion J.?,Site Plannlnt and De.rrp„Srandardr on all sides of such elements except where ar opening is required for access, If access is possible only on a side that is visible from a Public street,a removable or operable screen shall be required. y'he screen shall be designed and established so that the area or element being screened is no more than twenty(20)percent visible through the screen, (a) ScreerungMaterials, Required screening shall be provided in the form of new or existing plantings, walls, fences, screen panels, topographic changes,buildings horizontal separation, or a combination of these ,techniques, (F) Tree Prorecllon and RePlacemenr, Existing within the Significant trees LOD and within natural area buffer zones shall preserved is the extent reasonably feasible and may help satisfy the landscaping requirements of this Section as set forth above. Such trees shall be considered"protected" trees within the meaning of this Section, subject to the exceptions contained in subsection(2)below. Streets s, buildings,and lot layouts shall be designed to PMinimize ans shall accuratelyaidentify theEoca'ex's specs ssi land condition landscape a , significant trees,each labeled showing the appl;cani's intent to either remove, ` transplant orprotect. Where it's not feasible to protect and retain significant existing tre•rs) or to transplant them to another tree(s)according t on-site location, the applicant shall replace such o the following schedule turd reqandards of this Sect ion. uirements. Replacement trees shall be used to satisfy the tree planting standards Replacement trees shall be planted either on the development site S the closest available planting site within one thousand three !iundred twenty (1,320) feet(I!4 mile)of the development site. (1) A sigr ificant tree that is removed shall be replaced With not less than the loss of value of the removed si.e ficem tree. The to mitigate • select either the City Forester or qualified landscape plicant shall determine such loss based urn an appra;sai of the tree to Appraiser moved by using the most recent published methods established by the Council of Tree and Landscape Appraisers. Replacement trees shall meet the following minimum size requirements; s COY sfFo„corhu t lend Ore Code Arr$!e J,Pa Jr!r Proporrd July,lJ97 CAen ju ' SECTIOti IS Page 10 " ICJ 32x ❑ f !1eaa0elle w* ` ' Q r j ( Article J.Genefol Development Standards Dfvfyfon 3.2,Sfte Plannfnj and Design Standards (a) Canopy Shade Trees 3,0" caliper balled and burlap or equivalent " (b) Ornamental Trees 2.5" caliper balled and burlap or equivalent (c) Evergreen Trees 8'height balled and burlap or equivalent (2) Trees that meet one or more of the following removal criteria shall be exempt from the requirements of this subsection: (a) dead, dying, or naturally fallen trees, or trees found to be e threat to public health,safety,or welfare; , (b) trees that are determined by the city to substantially obstruct clear visibility at driveways and intersections; (c) tree species that constitute a nuisance to the public such as cottonbearing cottonwood, siberian elm, russian olive, and female boxelder. Native cotton bearing cottonwood trees and female boxelder trees, when located in a natural area buffer zone, are not nuisance tree species. (3) All existing street trees that are located on c;ty rights-of-way adjacent to the development shall be accurately identified by species, size, i location, and condition on required landscape plans, and shall be preserved and protected in accordance with the standards of subsection(G). (G) TreePrc;ecrion Specificadons.The follwving tree protection specifications should be followed to the maximum extent feasible for all projects with protected existing trees. (1) Within the drip line of any protected existing tree,there shall be no cut or fill over a four inch(4") depth unless a qualified arborlst or forester has evaluated and approved the disturbance, (2) All protected existing trees shall be pruned to the City of Fort Collins Forestry standards. � 1 C GryoffonCol Jtns Land the Cade Article 3,Pop l t Proposed hdy,1001 C1ten ju i i SECTION 18 Page 11 i I j r 41 1 0 �. , 1 f 9 Arrldr 1,General Drvelopmrnl Srandardi l i Division l.1,SNr Plrnninir and Dogs,Ssaadarde (3) Prior to and during construction, barriers shall be erected around all Protected existing trees with such barriers to be of orange fencing a e minimum of 4'height, secured with metal t-posts,no closer than six (6) feet from the tmnk or one-half(ye)of the drip line,whichever is greater. There shall be no storage or movement of equipment, material, debris, or fill within the fenced tree protection zone. (4) During the construction stage of development, the a Prevent the cleaning of equipment or material or the storagtesand disposal of waste material such as paints, oils, solvents, asphalt, concrete,motor oil or any other material harmful to the life of A tree within the drip line of any protected tree or group of trees. (s) damaging attachment, an y protected tree, wires,signs,or permits may be fastened to any (6) Large property areas containing protected trees and separated from construction or land clearing areas, road tights-of-way and utility easements may be "ribboned off," rather than erecting protective fencing around each tree As required in subsection(0)(3) above, 'this { may be accomplished by placing metal t-post stakes a maximum of fifty(SO)feet apart and tying ribbon or rope from stake-to-stake along the outside perimeters Of such areas being cleared. (7) The installation of utilities, irrigation lines, or any underground fixture requiring excavation deeper than six inches shall be accomplished by boring trees under the root System of protected existing at a minimum depth of 24 inches. The auger distance is established from the face of the tree(outer bark)and is scaled from tree diameter at breast height as described In the chart below. Tree Dlamtw at grout HejtAt(inc}tee) j Aver Da Lute Frota Fece Of free ; 7 � 10.11 12 It • I!•19 7 � arrta 1� ,S 1s '�* Crq'o/forrCoJlrn,r I land Use Code Arrlclrl,Pair is Proposed hly,ID9f CAM,* SECTION 18 Page 12 K10 3 10 0 tae M • { 0 i Article).Cenerar Devdopmens Siandarb Dlvittan 3.2,Stte Planning and DeOp S+andardir (H) Placement and Interrelationship of Requirtd Landscape Plan,Elements. In approving the required landscape plan,the Director shall have the authority ' to determine the optimum placement and interrelationship of required landscape plan elements such as trees,vegetation,turf,irrigation, screening, buffering,and fencing,based on the following criteria: (1) protecting existing trees,natural areas and features; (2) enhancing visual continuity within and between neighborhoods; (3) providing tree canopy cover; (4) creating visual interest year round; (S) complementing the architecture of a development; (6) providing screening of areas of low visual interest or visually intrusive site elements; (7) establishing an urban context within mixed-use developments; (8) providing privacy to residents and users; (9) conserving water; (10) avoiding reliance on excessive maintenance; (11) promoting compatibility and buffering between and among dissimilar land uses. (12) establishing spatial definition. ' 0 (1) Landscape Materials,Maintenance and Replacement (1) Topsoil. To the maximum extent feasible,topsoil that is rtmoved during construction activity shall be conserved for later use on areas requiring revegetation and landscaping. i . (2) Soil amendments. Prior to installation of plant materials, areas that i O ' have been compacted or disturbed by construction activity shall be r ( thoroughly loosened. Organic amendments such as compost,peat,or r COY affortCOMM land Use Code Article 1,Pap IJ Proposad A*1007Oianpr SECTION 18 Page 13 1h K ! f 32 x ❑ aaawaw a y' ' rraa�,v Arficre 1,Oineral Develapmenl Standard; Dtvlrfon!.],SUN Plannlat and Design Srandards aged manure shall be thoroughly incorporated at a rate of at least 3 cubic yards of amendment per 1,000 square feet of landscape area, r (3) Plant materials. The selection of plant materials shall be based on the City of Fort Collins'climate and site conditions. A list of allowable and preferred plant species that are highly adaptable to the Fort Collins urban environment shall be available from the Director. (4) Plant quality. All plants shall be A-Grade or No. t Grade,free of any defects,of normal health, height, leaf density, and spread appropriate to the species as defined by American Association of Nurserymen standards, I (5) "stallation All landscaping shall be installed according to Sound horticultural practices in a manner designed to encourage quick establishment and healthy growth. All landscaping in each phase shall either be installed or the installation shall be secured with a letter of credit, escrow, or performance bond for 125% of the value of the landscaping prior to the issuance of a certificate ofoccupancy ' for any building in such phase, t k (6) Daintenance. Trees and vegetation,irrigation systems, fences,walls, and other landscape elements shall be considered as elements of the project in the same manner as parking,building materials,and other site details. The applicant landowner, or successors in interest shall be jointly and severally responsible for the regular maintenance of all landscaping elements in good condition. AlI landscaping shall be andscapesnucttueosuchlas fences eSand walls shall litter and d and replaced periodically to maintain a structurally sound condition. (�) Replacement. Any landscape element that dies, Or is otherwise removed, shall be promptly replaced based on the requirements of this Section. (8) Midgation. Healthy,mature trees that are removed by the applicant or by anyone acting On behalf of or with the approval of the applicant shall be replaced with not less than one (1) Or more than six (6) replacement trees Sufficient to mitigate the loss of value of the 0 removed tree. The applicant shall select either the City Forester or a qualified landscape appraiser to determine Such loss based upon an Cfry of ton Collins i land t/Je cD4 Arrrdr J,Pate Id { PropaaedJuy, tool Chaves SECTION 18 Page 14 0 r yrs� e Article 3,General Drurlopment Srandarde DIWslon 3.2,Site Planninj and Dint Standards appraisal of the removed tree, using the most recent published methods established by the Council of Tree and Landscape Appraisers. Larger than minimum sizes (as set forth in subsection (D)(4) above shall be required for such replacement trees. O Irrigation. Provision shall be made for permanent,automatic irrigation of all plant material,with the following exceptions: (1) Ce.tified xeriscape landscaping which does not require any ui igaGon fo s survival. (2) Trees and other plants used to landscape a residential local street parkway adjacent to lots for single family detached dwellings. (K) Utilities, Landscape and utility plans shall be coordinated. The following fist sets forth minimum dimension requirements for the most common tree/utility separations. Exceptions to these requirements may occur where utilities are not located in their standard designated locations,as approved by the Director. Tree/utility separations shall not be used as a means of avoiding the planting of required street trees. ( (I) Forty(40)feet between street trees and street lights. Fifteen(15)feet between omamental trees and street lights. (See Figure 2). (2) Ten(10)feet between trees and water or sewer lines. (3) Four(4)feet between trees and gas lines. (4) Street trees on local streets planted within the eight (8) foot wide utility easement may conflict with utilities. Additional conduit may be required to protect underground electric tines. A (L) Visual Clearance or Sight Distance Triangle. Except as provided in Subparagraphs (1) and (2) below, a visual clearance triangle, free of any structures or landscape elements over twenty-four(24)inches in height,shall be maintained at street intersections and driveways in conformance with the standards contained in the City of Fort Collins Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and 0 Other Public Ways. 0 0 City ojforr Wilms Land Use Code ankle J.Pale 11 Propored Ja0,1117 CAW" SECTION 18 PAge 15 I 0. r Article 3,Cenrrarprvrlopment5tandardt (` 1 Divl fl onl.1,SllrPlannlnf and&'(y„Srandardl l (I) Fences shall not exceed forty-two(42)inches fn height and 6114 be Of an open design. (2) Deciduous trees ma be permitted to encroach into the triangle provided the loy west clearance branch Of such tree shall be at least six(6) feet from grade, (M) Revegerarion. When the development causes any disturbance Within natural area buffer zone,redevelopment shall Occur as required in subsections 3. 4.1( Replacement).(Natural Area Buffer Zone) and 3.2.I(F)(Tree Protection and (N) Alternative Compliane4 Upon request by an applicant, the decision maker may approve an alternative Iandscape and tree protection plan that maybe Ns Section.substituted in whole or in part for a landscape plan meeting the standards of (1) Procedure. Altemative landscape plans shall be prepared and submitted in accordance with submittal requirements for landscape plans. Each such plan shall clearly identify modifications and alternatives proposed and the aays in which the ` Plan will better accomplish the purposes of this Section than would a Plan which complies with the standards of this Section. (2) Review Criteria. To approve must first E an alternative plan,the decision maker find that the proposed alternative plan accomplishes the t Purposes of this Section equally well or better than which comp iie vith the standards of this Section would a plan In reviewing the proposed alternative plan for determining whether it accomplishes the Poses °f required above, the decision maker shall Purposes se into whether the alternative preserves and incorporates existing vegetation in • excess of minimum standards, protects natural areas and features, maximizes tree canopy cover,enhances neighborhood continuity and connectivity,fosters non•vehicularaccess,ordemonsp 'esinnovative design and use of plant materials and other landscape ekrtents. • Q • CttyojforrCollins land Utr Code .Arab 1,Pap if P10potedA6 199rchtmer j SECTION 18 Page 16 7 (a v ', saws. • Arrtrd 1,Generat Dewtopment Smrdaeds Dmiton J.},Sae Planntnp and Design Srandards irrigation system has been completed in accordance with the requirements of the bond. 3.2,3 Solar Access,Orientation,Shading (A) Purpose. It is the city's intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses. While the use of solar energy systems is optional, the right to solar access is protected. Solar collectors require access to available sunshine during the entire year,includin3 between the hours of 9.00 AM and 3:00 PM, MST,on December 21,when the longest shadows occur. Additionally,a goal of this Section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners.Thus,standards are set forth to evaluate the potential impact of shade caused by buildings,structures, and trees. (B) Solar-Oriented Residential Lots. At least sixty-five (65)percent cf the lots less than fifteen thousand(15,000) square feet in area in single- and two- family residential developments must conform to the definition of a"solar. oriented lot" in order to preserve the potential for solar energy usage. �I (C) Access To Sunshfne. The elements of the development plan(e.g.,buildings, circulation,open space,and landscaping)shall be located and designed,to the maximum extent feasible, to protect access to sunshine for planned solar energy systems or for solar-oriented rooftop surfaces that can support a solar collector or collectors capable of providing for the anticipated hot water needs of the buildings in the project between the hours of 9:00 AM and 3:00 PM MST,on December 21, (D) Shading, (1) The physical elements of the development plan shall be, to the maximum extent feasible, located and designed so as not to cast a shadow onto structures within the site or on adjacent property greater than the shadow which would be cast by a twenty-five foot hypothetical wall located along the property lines of the project between the hours of 9:00 AM and 3:00 PM,MST,on December 21. t This provision shall not apply to structures within the following high-density zone districts: Downtown, Community Commercial, O r Cay aJt:orr Cotllnr Land Use Code Arrtele J.Page JJ Propored,kty, 199?CAAMU SECTION 18 Pa9b 17 aS 32XIO _ o 0 Ankle A Gtleral Drrclopmenr Srandardt ( i DIv(slon S.?,Siq planalny and Drslyn Saandarde (2) The impact of trees shall be evaluated on an individual basis considering the potential adverse impacts of the shading and the potential impacts that the Shading could create for the adjacent Property in terms of blocking sunlight in indoor living areas, outdoor activity areas, gardens,and similar spaces benefitting>rom access to sunlight, Shading caused by deciduous trees can be beneficial and is not pro'libited. (E) -41rern174ve Compliance- Upon request by an applicant, the decision maker may approve an alternative site layout that may be substituted in Part for a plan meeting the standards of this Section, whole or in (1) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this Section. modifications The plan shall clearly identify and discuss the Plan will bette and alternatives proposed and the ways in which the r accomplish the purpose of this Section than a plan which complies with the standards of this Section. (2) Review criteria. In approving an eltemative plan,the decision maker shall find that the•proposed alternative plan accomplishes tt, Purposes of tHs Section equally or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design neighborhoou a,ntinuity and conneetivi 8n ed- ,ces access, and prei'ryes existing natural t' to ' fosters non-vehicular the site• pogrephic conditions on 3,2.4 Site Lighting (A) Purpose- The intent of Us Section is to focus on the actual physical effects • of lighting, as well aS the effect that lighting may have on the surrounding neighborhood.Exterior fighting shall be evaluated to the development review Process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhood. The degree to which exterior nigh lighting affects a property owner or neighborhood will be examined considering the light source, level • of illumination, hours of illumination,and need for illumination in relation • • cry Vron Comm Land L're code Anlcli!,Palell � Propaed July, ID➢1 CASAPS j SECTION 18 Page 18 10 32X i • anas�+as Article S,Central Development Standards Divislon l.),Silo Planning andDO(en Srandardi to the effects of the lighting on adjacent property owners and the neighborhood. (B) General Standard All development,except developments that contain only single family residential uses,shall submit for approval a proposed lighting plan that meets the functional security needs of the proposed land use without adversely affecting adjacent properties or the community. (C) Lighting Levels. With the exception of lighting for public streets, all other project lighting used to illuminate buildings,parking lots,walkways,plazas or the landscape, shall be evaluated during the development review process. The following chart gives minimum lighting levels for outdoor facilities used at night. Area/Acdtity' Footcaodle Building surrounds(non-residential) 1.0 Bikeways along roadside Commercial areas 09 Intermediate areas 0.6 Residential are; 0.2 Wilk%ays along roadside Commercial areas 0.9 1 Intermediate areas 0 R I Residential areas 0.5 Park walkways OS t Pedestrian stairways 03 Loading and unloading platrorrns 200 Puking areas 1.0 ' Krvltrouod 6.0 'Illuminating Engineering Society(IES)Lighting Handbook (D) Design Standards. The lighting plan shall meet the following' design standards; (1) Site lighting that maybe confused with warning,emergency or traffic signals is prohibited. Cary ojforr Corlins [and Uri Code Artkle).Page!! PmposedhtpIMCAanto SECTION 18 Page 14 awl- - - ---- ,� R` I t� sz X I ti 1 .YMi3al Ankle J,Creerol Drvrlapmenl Srwda dr i Divrrton J.J,StrrP/anntnpand Dufan Srandardr (2) $ackground spaces like parking lots Shall be il! unobtrusively as possible to meet the functional needs of sate circulation and ofprotecting people and property, Foreground spaces, such as building entrances and plaza seating areas,shall utilize Ioca] lighting that defines the space without glare. (3) Light sources shall be concealed or shielded to them feasible to minimize the potential for gl aximum extent are and unnecessary diffusion on adjacent property, (q) The style of light Standards and fixtures shall be consistent with tt I Style and character of arci.ttecture proposed on the site. (3) Light Sources must produce accurate color rendition. Incandescent, mercury vapor and high pressure sodium light sources all have good color rendition and are permitted light sources, (6) Unique areas or neighborhoods within the city may have additional design guidelines for lighting as part of a neighborhood or area plan. The Community planning and Environmental Services Department can pro�ide information regarding neighborhood or area plans, !, (E) Aflernatree CoMpliance, Upon request by an applicant,the decision maker alternadve stn maybe bstituted fn whole or in part for a planmeeting the adard oft s Sec oa (1) Procedure. Alternative compliance and submitted in accordance with subJrrgttatl requirements fort lighting Plans s set forth in this Section. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this S-,r - i • {2) Review crireria. To approve an alternative plan,the decision maker must first find that the proposed alternative plan accompUshes the Purposes of this Section equally well or better than would a lighting plan which complies with the standards of this Section. , In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the proposed areas from light intrusion, enhances ighborhtood continuity and 1 Crrya/forrCo!!Iro t LandU+r Code SECTION 18 Page 20 A. J,Pap J6 � Proporrdh,y,lop?CAdV" r r 6 � 32x -eananaa �• S ArMe 1,Gmeml Development Smndardi DMdon 1.2,Sue Plannlnz emd Dnlpe Slandark a , connectivity, fosters non-vehicular access. and demonstrates innovative design and use of fixtures or other elements, i t q t a : r , ti; P S v . i yP' r i I .S C1 rV of fort CotjjU ' land the We AM&J.Pqe 21 PrVond A4. 1091 Chafts SECTION 18 Page 21 ,- r � 10 � ;32 x 0 . } _ e O Article 1,Gensra!Developmrrtr Srandordf i D1v lrlonl.l,£nJfntalntSlandar�le 1)IViSIt�V a 3 Fn to t am Sections: 3.3.1 PIat Standards 3,3.2 Development Improvements 3.3.3 Water Hazards 3.3.4 Hazards 3,3.5 Engineering Design Standards 3.3.1 Plat Standards (A) General Provisions. (I) shall be APPr No final Flat of a subdivision or development plan shall be approved and accepted by the city unless it conforms Provisions of this Land Use Code, to the (2) Jurisdicrion. ?his Division shall be applicable to all lands located xithin the city, (. (3) PlaI gener,l requirements. I (a) All plats of a subdivision of land within the city shall be fi led and recorded only after having been approved by the rosion ,with Such approval evidenced in wriaPpting on priatedeei the plat and maker signed by the City Clerk (b) Except with respect to Property which is platted as an official subdivision'orpart thereof)approved pr in adance with the arisions of this Land ccora Use Code, no ccor buildin certificate of occupancy shall be issued for gpetmft or S following and no person shall perform any of the ny of ithe I, construction ofany new Principal building; 2. enlargement of SAY principal building used for nonresidentid purposes by more than twenty-five(25) Percent of the existing Poor area of such building; C1ry ojfort C0111rts { Land U.rr Code Arr/de J,pap lf P'aporidhb; In?06W SECTION 18 Page 22 ' x Ira 32XIO i t 1 d � 'iOMPAI/ r e o r u i I Article 1,General Development Srandardi DivWon 11.Enllneerinl Standards (3) If the right to develop has lapsed or been abandoned pursuant to Sections 2.2,10 and 2.2.11 and no extension has been granted, any right to city participation,pursuant to this Section and Chapter 24 of the City Code,shall be limited to those improvements substantially completed and accepted by the Director of Engineering at the time of the termination. • 3.3.3 Water Hazards (A) Lands which are subject to flooding or are located in a natural drainageway shall not be approved for development or redevelopment unless the following :onditions are met: (1) The project development plan complies with the Basin Master Drainageway Plan as applicable, (2) The project development plan complies with city Stormwater Design Criteria and Construction Standards. f (3) The project development plan complies with the floodpiain regulations as established in Chapter 10 of the Code. (4) Any development in any 100 year floodplain is designed to as not to cause any adverse effects to the development or to surrounding properties from either increased flood heights,flow velocities, flow duration, rate of rise of flood waters,channel stability, or sediment transport. (5) Any mitigation measure proposed by the applicant to address adverse effects identified in subsection (4) above satisfies all applicable requirements contained in Section 3.4.1 relating to Natural Areas and ' Features. (6) All measures proposed to eliminate, mitigate, or control water hazards related to flooding or drainageways have been approved by the Water Utilities General Manager. (B) if a project includes a water hazard such as an irrigation canal,water body, • or other water channel, necessary design precautions shall be taken to • • minimize my hazard to life or property, and additional measures such as City effort cortins Land Use code Arilde 1.Pale 11 Pretend hby 1001 CAanjee SECTION 18 Pago 23 r r� x 32X0 MtlImW � ; l 11 Y W"ift i Arrlrre J.General Dnvfop.r,rnr Smndardr / Division!,!,Entlneerin t Sranda dr fencing,water depth indicators,and erection of warning signs shall be taken, to the extent reasonably feasible. (C) Any lands that are subject to high groundwater(meaning elevation such that basement flooding is reasonably groundwater at e Director of Engineering to occur)shall not be platted for r��g lots e basements unless adequate provisions to prevent groundwater from entering basements have been designed and approved by the Director of Engineering, 3,3.4 Hazards (A) if the project contains potential areas of natural or geologic hazard(such as unstable or potentially unstable slopes,faulting, landslides,rockfalls) or soil I (such as expansive soils) unfavorable to development, t applicant shall provide to the Director a study of such hazards he Produced he a geotechnlcal engineer licensed in the State of Colorado. Such study shall contain,where appropriate,recommendations for special mitigation measures Id engineering precautions that shall be taken to overcome those limitations. In the alternative, if determined to be a safe and reasonable option by the geotechnical engineer,such areas may be set side from development. l (B) Sleep or unstable land and areas having inadequate drainage shall not be subdivided into building lots unless the applicant makes adequate provisions to prevent the same from endangering life, health or other property, 3,3,5 Engineering Design Standards The project must comply with all design standards,requirements,and specifications for the following services as certified by the appropriate agency or variances must be such agency: granted by watersupply i ' sanitary sewer 1 • mass transit fire proteclioe I flood hazard areas ' telephone , ' walks/bikeways ' irrigation companies • electricity • � :� natwal gas Crey of Pon Collin: Land Vie Code Allele 1,Pate Id hoporedJ4 lop?CAater SECTION 18 Page 24 - � ST � 0 32x do e areaeaw WNROM I� l A tic7r 3,General Development Standards Div&ton 3.4,Envbonmental,Natural,and Cultural Standards Drvlsto:q 3.4 ENVIRONMENTAL,NATURAL AREA,RECREATIONAL AND CULTURAL RESOURCE PROTECTION STANDARDS .Sections. 3.4.1 Natural Areas and Features 3.4.2 Air Quality 3.43 Water Quality 3.4.4 Noise and Vibration 3.4.5 Hazardous Materials 3.4.6 Glare or Heat 3.4.7 Historic and Cultural Resources 3.4.9 Parks and Trails 3.4.1 Natural Areas and features (A) Purpose, The purpose of this Section is to ensure that when property is developed consistent with its zoning designation, the way in which the proposed physical elements of the development plan are designed and arranged on the site will protect the natural areas and features both on the site and in the vicinity of the site. (B) General Standard.To the maximum extent feasible,the development plan shall be designed and arranged to ensure that no disturbance shall occur to any natural area as a result of the development, and that impacts and disturbance to natural areas and the plants and wildlife inhabiting those areas shall be minimized through the use of natural area buffer zones. If any development generates a disturbance to a natural area or to a natural feature located in a natural area, the development project shall restore to the community such lost natural resource either on or off the cite. Any such restoration or replacement shall be roughly equivalent to the loss suffered by A the community because of the disturbance. (C) Bstabirshment of imla of Development and Natural Area Buffer Zones. For every development subject to this Division,the applicant shall propose, and the Director shall establish on the project development plan,a"limits of development"('101)')line(&)and a natural area buffer zone(s)according to S the c,iteria set forth below. 0 • C+ry of fort Collins Land Vse Code Article J.Pale 30 Proposed July,1991 Cbanles SECTION 18 PagA 25 25 32XIO ,,i Ik �. , � iii)'• 1 1 )IWNMW , Articte J.Cenerat DeLvlopment Standards AvWon 3.1,£avlronmentot,Nature),and Cuhurarsiandards i (1) Establishment of Ltmils of Development. The LOD shall indicate the specific area(%)of a site within which the developed project may be constructed and within which the development activity shall be contained. In establishing the LOD,which may be multiple and non- contiguous on a site, the Director shall consider and apply the following criteria: (a) If any portion of the development site Is identified as a natural area or feature on the city's Natural areas Inventory Map,the ecological and Wildlife use characterization of such identified areas shall be taken into account and protected through the establishment of the LOD.(The boundary of any natural area shown on the Natural ,Areas Inventory Map is only approximate. The actual boundary of any natural area to be shown on a project development plan shall be proposed by the applicant, and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural area in conjunction with the map.The Director may also require to be shown as natural areas on the project development plan,any areas not ` currently included on the Natural areas Invenroryltfap,but possessing such characteristics (e.g,wetlands, riparian areas, or foothills forest)as would have supported their inclusion on the:NaruralkeaslnventoryMap,if such areas are discovered dLdng site evaluation and/or reconnaissance associated with the development review process. (b) In establishing the boundaries of a wetland,the applicant and the Director shall use soil samples, ecological characterization, and hydrological evidence,to the extent that such arc in existence, and/or are requested of and provided by . the applicant•The Director may also utilize the standards and guidelines and/or the professional recommendations of the U.S. Army Corps of Engineers, the U.S, Fish and Wildlife Service, and/or the Colorado Division of Wildlife in establishing such boundaries. In no instance shall the boundary of a wetland be defined as less inclusive than that which would be included In the wetland according to the standards and guidelines In use by the U. S. Army Corps of 0 f Engineers at the time of development review, i 1 Cuy ojron Carhns Land Use Cade Atrtde J.Pate 11 Propoud Ju1y,1991 Chonjes SECTION 18 Page 26 1 25 x 10 32X 0 noownmummmmmiAN&MMML-MIRML�VRMLor� fnlclr 1,General DeWopmenl Standard., ( } Dfvplon l.4.Envl'onmenrar,Natural,and ahwa,'Srandardr (c) Iaccon esunt;tablishing the LOD,the following shall also be taken into 1 visual impacts,including but not limited to ridgeline protecion areas and protection ofscenic views. 2, erosion prevention and control, Including but not limited to protection of natural drainage channels end compliance with an approved stomtwater drainage managercnt plan. 3, preservation of significant native trees and other native site vegetation, including protection ofnatural area buffers zones, 4, conservation of water, including but not limited to preservation of existing native vegetation, reduction in amounts of Irrigated areas, and similar considerations. S• stream corridor and wetland protection and buffering. 6. site topography, including but not limited to such characteristics as steepness of slopes, existing drainage features,rock outcroppings, river and stream terraces, valley walls, ridgelines, and scenic topographic features. 7, floodplains and floodways, 8. wildlife movement corridors. 9• natural area buffer zones as delineated below. I 10. the practical needs of approved construcuion activity In terms of ingress and egress to the developed project and necessary staging and operational areas, �2) 6srabfishmexr ojNalural Area B p zone'hall range from one hundred(0p)f el to three(3 I area buffer from any Identified natural area. No development$hall occur In the natural Cr4'ojFon Colllnr Land pre Cadr .tnlele),Prjr f? Pan A, 'lop,Ckoetrr SECTION 18 Page 27 d 25k 10 32x Q MMWMMMW� e , , s , c i Ankle J.General DevelopmentSfandards Dlvtrlon l.l,Environmental,Nature?,end Cultural Stondarb area buffer zone except for the purposes and under the circumstances set forth in this Section; provided however, that when justified by ecological data and/or studies,or when there exists the potential for a substantial adverse impact to Sensitive or Specially Valued Species, or when strict application of this subsection will impose an exceptional and undue hardship upon the property owner or developer, the Director may increase or decrease the buffer zone requirement as reasonably appropriate under such circumstances.In establishing the natural area buffer zone(s), which may be multiple and non-contiguous on a site,the Director shall consider and apply the following criteria: (a) the foreseeable impacts of development on the wildlife usage or ecological character or function of the natural area. (b) the ecological and wildlife use characterization of the natural U031 I (c) the existence of wildlife movement corridors. l (d) the extent of floodplains and floodways. (e) the type,amount,and extent of existing vegetatit n on the site. (f) the existence of special habitat features such as key raptor habitat features, including nest sites, night roosts, and key feeding areas as identified by the Colorado Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas, and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant sgngbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPA; prairie dog colonies over fifty(50)acres in size as included on the Natural Areas Inventory map; key areas for rare, f migrant, or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic Insect diversity as Identified in the NAPP, remnant native prairie habitat; mixed foothill Q v shrubland; foothill ponderosa pine forest;plains cottonwood Crry ojfaH CofltN land Use Code AHIale L Pate l) Proposed At'1097 CAentes SECTION 18 Page 28 r ,f1 I 32 X I ❑ l I !AffiII/1 A r i Ankle),GenoalDmlopmrnt Srandardr l } DroBlort 1.f,fmlronmertlat Nc1ur¢(artd C}Jrura!Srandardr riparian woodlands; and (1/4)acre In size. any wetland greater than one-quarter (g) the character of the proposed development in terms of use density, traffic generation, quasi of off Wate lighting,and similar potential developme_impactsr� noise,, (h) site topography, including but not limited to such characteristics as Steepness of slopes, existing drainage features,rock outcroppings, river and stream terraces, valley walls,ridgelines, and scenic topographic features. (3) Ecological Characlerlrarion, If the development site contains or is within five hundred(500)feet of a natural area,or if it is determined by the Director, upon information or from inspection, that the Site likely includes areas with Wildlife, life, and�or other the site Possess in need of protection, and if the city does not then possess the information required by this subsection to establish the LOD tr the natural area buffer zone or to apply review standards set forth below, then the developer shall provide to the city a report prepared by a professional qualified in the areas of ecology,wildlife bio the follogy lowing orotherrelevan tdisciplinethatdesc6be s,withoutlitnitation, ; (a) the wildlife use of the natural area showing the species of wildlife using the area the times or seasons that the area is by those species and the "value' (meaning feeding, watering, cover, nesting, roosting, perching) that the area Provides for such wildlife species; (b) the boundary of wetlands in the area, as determined in " establishing the LOD, and a description of the ecological functions and characteristics provided by those wetlands; (c) any prominent views from or across the site; (d) the pattern, species, and location of an y si trees and othernative cite vegetation; grtt5cant native (at) the b ark, shoreline, and high water mark of any perertnial stream or body of water on the site; i7h 01fon Conlrte { Land t/r#We SECTION 18 Page 29 ,trrrele J.P¢ae J! ProporedJ„ly,101 Chou" , r , , KIa 32XID y Artlala J,General Dtvelapmen7 Slandarlr Dwon 3.1,Environmental,Nalural,and altmal Slandanda (E) areas inhabited by or frequently utilized by Sensitive and Specialty Valued Species; (g) special Habitat Features;and v (h) wildlife movement corridors. (i) the general ecological functions provided by the site and its features, (D) Development Standards and Guidelines. (1) LimiuolDevelopment, (a) No construction activity, including, without limitation, grading, excavation, or stockpiling of fill material shall be permitted within the limits of development, whether to provide for&building site,on-site utilities or services, or for any roads or driveways prior to the approval by the S tormwater Utili ry of the erosion and sedimentation control plan for the development. (b) To the maximum extent feasible,no development,grading,or vegetation removal or alteration shall occur as a part of the development project or associated construction activity outside the LOD except as provided in subsection(e)below. (c) The Director may allow disturbance or construction activity outside the LOD for the following limited purposes: 1. mitigation of development activities; 2, restoration of previously disturbed or degraded areas; 3, emergency public safety activities and utility installations when such activities and installations cannot reasonably be contained within the LOD or other nearby developed areas; 0 . 4, construction of a trail or pedestrian walkway that will JV provide public access for educational or recreational Cry eyforr Calltru land the Code Arrlde).P rJJ propoatdlay,lop?0440 SECTION 18 Page 30 25 o 32JO i samalrr� 'y, i i . e 0 Artfde J,Gtntral DrvrfaprntN S�andardl Dtvllfon 1,I,Envlranmrrtfal,Nafurai,and C�lmal Smrtdardt Purposes when Such trails or walkways cannot . reasonably be contained within the LOD or other nearby developed areas; S. the enhancement of the habitat values and/or other natural resource values of a natural area (�) Natural Area Buffer Zone, (a) No disturbance shall occur within any natural areas buffer zone and no person shall engage in any activity that will disturb,remove,fill,dredge, clear, destroy,or alter any area, including vegetation within natural areas including without limitation takes, ponds, stream corridor, and wetlands, except as provided in subsection(c)below. (b) If the development causes any disturbance within the natural area buffer zone, whether by approval of the Director, or otherwise, the applicant shall undertake restoration and ' mitigation measures within the natural area buffer zone such as regrading and/or the replanting of native vegetation. The ""cant shall undertake mitigation measures to restore any damaged or lost natural resource either on or off site at the shall be roughly equi discretion of the equi r. Any such mitigation or restoration valent to the loss suffered by the community because of the disturbance,ano shall be based on S"c`. mitigation and restoration plans and reports as have been requested, reviewed, and approved by the Director. Unless otherwise authorized by the Director, if existing vegetation (whether native or non-native)is destroyed or disturbed,such vegetation shall be replaced with native vegetation and landscaping, (c) The Director may allow disturbance or construction activity Within the natural area buffer zone(,)for the following limited purposes; 1 mitigation of development activities; 2' restoration of previously disturbed or degraded areas; CIO,of for Comm land the Code An1cl0 J,Pap Ja Propafrdh�,IJ97CAanpr SECTION 18 Page 31 32 ;: � ❑ AmicleJ,Central Developmenl$tamdardlr Dikltlonl.4,Environmental,Natural,artdCuGwarSmndarde 3. emergency public safety activities and utility installations when such activities and installations cannot reasonably be contained within the LOD or other nearby areas of development; 4, construction of a trail or pedestrian walkway that will provide public access for educational or recreational purposes when such trail or walkway cannot reasonably be contained within the LOD or other nearby areas of development. (E) Protection of11V Odl ijeXab ftarandEcologlcalCharacter (1) Conslrrrclion timing. Construction shall be organized and timed to minimize disturban:e of Sensitive or Specially Valued Species occupying or using onsite and adjacent natural areas. (2) Prairie dog removal. Before the commencement of construction on the development site,any prairie dogs inhabiting portions of the site within the limits of development shall be relocated or humanely eradicated by the developer by city approved methods as set forth in Chapter 4 of the Code, and when applicable, as reviewed and i approved by the Colorado Division of Wildlife, i (3) Sensitive or Specially Yatued Species. If the development site contains or is within SOO feet of a natural area, and the ecological characterization report required pursuant to subsection(Cx3)above shows the existence in such natural area of a plant or wildlife species identified by the city as a Sensitive or Specially Valued Species,or by state or federal agencies as "threatened" or`endangered",then the development plan shall include provisions to ensure that any habitat contained in any such naturei area or in the adjacent natural area buffer zone which is of importance to the use or survival of any,such species shall not be disturbed or diminished and,to the maximum extent feasible,such habitat shall be enhanced. (4) Connections, If the development site contains existing natural areas 4 . that connect to other offsite natural areas, to the maximum extent feasible the development plan shall preserve such natural area C 9 SO connections, If natural areas tie adjacent to(meaning in the region Cimmediately round about)the development site,brt such natural areas Cay of ran Collim land Vie We Arriele J.late 11 Prcposed has , 1991 Chantts SECTION 16 Page 32 MW � 5 10 32 x ` ❑ r 1 Anl cleJ, G:nrralDewlopmenr5+anda�di t � ' I DJv6fon 3.l,dm+rortmenlal,Nafurat,oeQ Cul�urerSrandards ' are not presently connected across the development site, then the development plan shall, to the extent reasonably feasible, provide j such connection. Such connections shall be designed and constructed to allow for the continuance of existing wildlife movement between natural areas and to enhance new connections the opportunity for the establishment connections between natural areas for the movement of wildlife. (S) wildlife conflicts, If wildlife that may create conflicts for the future occupants of the development(including, but not limited to,prairie dogs, beaver, deer and +lttlesnakes) are known to exist in areas 1 adjacent to or on the development site, then the development plan must, to the extent reasonably feasible, include provisions such as barriers, protection mechanisms for landscaping and other site features to minimize conflicts that might otherwise exist between such wildlife and the developed portion of the site. (F) LakevRiparlan Area Protection (1) Lakes,reservoirs, and ponds, if the development site contains a lake, reservoir or pond, the development plan shall include such 1 enhancements and restoration as are necessary to provide reasonable wildlife habitat and improve aesthetic quality in areas of shoreline transition and areas subject to wave erosion. The development plan shall also include a design that requires tuilform and ecologically and aesthetically compatible treatment among the lots or tracts surrounding a lake,reservc!ror pond with regard to the establishment Of erosion control protection and shoreline landscaping on or adjacent to such lots or tracts. Waterbodies and features such as reflecting pools and la oons constructed as new I&ndscitping development project shall be exempt from the Standards f contained in Ns subparagraph. (1) Streambank atabilizalion. When the StOrmwater Master Plans and' the Storm Drainage Design Criteria and Construction Standards of the city require streambank stabilization, native vegetation shall be Utilized for such purpose, and engineered stabilization techniques such as exposed tit)rap shall be avoided, to the maximum extent feasibly The use ofauive vegetation shall be the principal means of strearnbank stabilization, and the use of rip•rap for streambank O stabilization shall be restricted to locations where the use of vegetation techniques is Dot reasonably feasible. Crry of F0 n Ccr/1nr Land the('ode Ankle 3,Pqe!J Proporrd hly,l D97 CAansy SECTION 18 Page 33 32 x i ' S .A I S al*0p" i drtlde 3,General Development Standards DrvUlan 3.4.Envtranmental,Natural,and Cuhural Standards (G) Ridgeline protection (1) Ridgeline setback. So that strucoues blend more naturally into the landscape, rather than being a prominent focal point,no development shall intrude into any ridgeline protection area identified and designated by the Director during the development review process in conjunction with the establishment of the LOD and the natural areas buffer zone(s). For the purposes of this subsection, a designated ridgeline protection area shall include the crest of any hill or slope so designated,plus the land located within one-hundred(100)horizontal feet(plan view)on either sid,:of the crest of the hill or slope. (2) Building height and profile Multi-level Wild ings&hall foilow the general slope of the site in order to keep the building height and profile in scale with surrounding natural features. (H) Design and Aesthedes. Projects in the vicinity of large natural areas and/or natural r•ea corridors, including, but not limited to, the Poudre River Corr for and the Spring Creek Corridor,shall be designed to complement the f visual context of the natural area. Techniques such as architectural design, site design, the use of native landscaping, and choice of colors and building materials shall be utilized in such manner that scenic views across or through the site are protected, and manmade facilities are screened from off-site observers and blend with the natural visual character of the area (I) Stormwater Drainag&Trosion Control All stormwater drainage and erosion control plans shall meet the standards adopted by the city Stormwater Utility for design and construction and shall, to the maximum extent feasible,utilize non-structural control techniques,including but not limited to: (1) limitation of land disturbance and grading; • (2) maintenan:e of vegetated buffers and natural vegetation; (3) minimizr.!ion of impervious surfaces; (4) use of terraces,contoured landscapes,runoff spreaders,Vass or rock• • lined waterways; O • (5) use of infiltration devices; i CayejfonCoiGns land Ulf We article J.Paso 59 Proporr AJ ' 107 Choub i SECTION 18 Page 34 f idjM ,, o i , 1 I ,trrld e 1, Central tkwefopmen7 Srondardt t.. � - Olv4fon l.I,EnvrronmenPol.Natural,and Clrlrurol StandardtI, (6) use of recharge basins, seepage pits, dry wells, seepage beds, or ditches,porous pavement,or dutch drains; (J) lVarer rights. To the extent that a development plan proposes the creation of water features such lakes,ponds,streams or wetlands, the plan m ust Include clear and convincing evidence that such water features will be supplied with sufficient water whether by natural means or by the provision of sufficient approp.riative water rights. Ko development plan shall be approved whic would have the et of injuring or diminishing Any legally established water supply for any natural area h (K) Access to natural areas. In the event that the development plan contains or Abuts a publicly owned natural area, the development plan shall include such easements and rights of w•ay as are necessary to allow reasonable access for the public to such natural area,unless such access is deemed by the Director to be unnecessary and undesirable for the proper public utilization of the natural area. Any such Access requirement or dedication shall be credited (based upon a fair market value analysis)against any open apace dedication h or fee-in•lieu thereof required by the city. If the development site contains any Privately O%%med natural area,any access provided to such area,whether for private or public use,shall be designed and managed in such manner as to minimize the disturbance of existing wildlife using such area. mnn (L) S to"dards For Protection During Construction. (I) DerrB+rarion. LOD's and natural area buffer zones as a � Director shall be shown on the final plan for des U Approved by and natural area buffer zones shall be designated in the field prior to commencementofexcavation,grading, or construction with fencing or other methods approved by the Director. (2) Barrieejencing, Construction barrier fencing shall be provided at the 0 limits of development during construction. For the protection of trees and clumps of trees to be preserved within a natural area buffer zone that is to be disturbed, tree protection Subsection 3.2,1(0)(1)and(3) specifications as described in through(7) shall be followed. r (M) Proof of compliance. (1) If a proposed development will disturb an existing wetland, the developer shall provide to the city A written statement from the U,S. C11>�farr cerrrnt { land Uu Code +mdtl,Pan eo Proporrdhty, ID9f planru SECTION 18 Page 35 32XI E) 1 1 • L 4 F r h 4 1 r 1 r i• y Y, .'.. 1 + f K r r v w Y 1 1 0 1 1 ri i . M Y � 1. , ' I a ... alti r .. .. . .... nr. .... � `A ...•v.+w..w.r�we-.r _ Yr ,r ,Y � • ' l �, � .tntcle S.Centrot Dn'erop,nem S�ondardr plvtrlon 3.t,En+ironmtnn7at Nah,rot,and Cuhural handordi � f r Army Corp of Engineers that the development plan fully complies with all applicable federal wetland regulations as established in the federal Clean Water Act. .I` (2) The developer shall also provide to the city written statements from such other governmental agencies having jurisdiction and which have been identified in writing by the Director,that the development plan 1 fully complies with all applicable state(including county)and federal environmental regulations.Such written statements shall be provided to the Director prior to the scheduling of the hearing for the project development plan. 6 3.4.2 Air Quality 1 o ect shall conform to all applicable local state and federal air quality regulations and The r PP , project standards,including,but not limited to those regulating odo dust,fumes or gases which are noxious, toxic or corrosive,and suspended solid or liquid particles. 3.4.3 Water Quality The development shall comply with all applicable local, state and federal water quality standards, including,but not limited to, those regulating erosion and sedimentation,storm drainage and runoff control, solid wastes, and hazardous substances. Projects shall be , ' from the site is treated in accordance wtth the designed so that precipitation runoff flowing criteria set forth in the Storm Drainage Design Criteria and Construction Standards. Treatment measures may include, but shall not be limited to: minimization of impervious surfaces runoff spreaders infiltration device extended detention constructed wetlands ' • sand filters water quality inlets i Y: 1 s Clp'grfon Wha Land the Cod. ,trrkle J,Pale 6! propaad Jib,too?C RVU SECTION 18 page 36 � �t 25 X In 32do � Ft: Marietta! i i 0 1 i Neal I� City'of Dallis LANDSCAPE CHECKLIST(1"7) Ordinance 22053(Article X) ADDRESS: TRACE H MANDATORY PROVISIONS Protected Tree mitigation-caliper inch per caliper Inch replacement required;building permit or tree removal permit required;approved replacement trees are defined in:cc.31 A•10.134(b);tree survey and replacement plan maybe required Perimeter landscape buffer strip-minimum 10'width(from property line)where residential adjacency exists;must contain plant groups as defined in Sec.S IA-10,123(bx7) Screening of off-street loading spaces-from residential adjacency and adjacent public streets(except CS and Industrial districts;minimum 6'height see Sec. SIA4.602(bX3)for methods of screening Site requires_Provided_ Site trees-minknum 2"caliper;must have I tree per 4,000 square feet of lot area; t minimum of 4 trees Street frontage rcquires_Provided_Street trees-minimum 3"caliper;must have I large tree per SO feet of street frontage;minimum of 2 trees;must be located within 30'of projected street curb __Parking lot trees-minimum 2"caliper,all required parking spaces must be located within 120 feet of a large canopy tree;tree must be planted no closer than 2Y from paving or concrete DESIGN STANDARDS(must pick 2) Enhanced perimeter-eah arc a mandatory perimeter buffer strip from required l0'minimum width to a minimum average width equal to or greater than 15 feet;must contain plant groups as defused in Sea 31 A•10.123(bx7) Street buffers-along the entire public street frontage;minimum 10 feet or 10%lot depth(from property line)whichever Is less,must contain plant groups as defined in Sec,3tA•12123CbX7) Screening,of off-street parking-large evergreen shrubs 3'in height at time of installation(7.9 gallon),spaced Von center,"tending along the entire street frontage of the parking lot exclusive of driveways and visibility triangles;mandaroly in NO(A),LO(A), LO-1,LO-2,LO-3,MO(A),MO.1,MO.2,and MA)districts a Enhanced vehicular pavemect-ot least 25%of all outdoor sehicle pavement;the umepavement cannot satisfy this requirement and permeable vehicular pavement;brick,stone,or gross pavers,exposed tggresate concrete,stamped and 1 stained concrete _ Permeable vehlcuLr pavement-at least 2f44 of all outdoor vehlcular pavement;gravel is AS acceptable;the same pavement cannot satisfy this requirement and enhance vehicular pavement;permits water penetration to soil depth of to Inches or more • Pedestrian facilities-publ[cly accessible facilities such plans,covered walkways,fountains,lake do ponds,sesting area 0 and outdoor recreation facilities;must occupy at least$34 of ale 101 908 / Foundation planting strip.] foot wide bed along at least so%ofthe portion of the foundation that facts the street;must contain large evergreen shrubs Y height at installation(7.9gallon);spaced no more than 6 feet on center Understory preservation-preserved understory must occupy at least 3%of the lot area.;grouping of natural low•level woody,herbacew is,or ground cover species ; Enhaaeed pedtst ion walkways-must Occupy n least 3%Of the lot;erdtanced pavement Intended foe pedestrian use SECTION 18 Page 37 ?5 � � 32X10 1 0 , t f § 57A•10.101 Pad N of the Dallas Development Code 3 S1A•]0.101 l ARTICLE X (8) HUNDRED YEAR FREQUENCY , FLOOD means the flood having a one percent chance LANDSCAPE AND TREE PRESERVATION of being equalled or exceeded in any given year. This REGULATIONS. flood is based upon the drainage area being fully developed to current toning limitations. Division S1A•10.100. In General. (9) LANDSCAPE ARCHITECT means a person licensed to use the title of "landscape SEC. S1A•10.101. DEFINITIONS, architect" in the State of Texas in accordance with state law. In this article: (10) LANDSCAPE AREA means an area at (1) ARTIFICIAL LOT means an area least 80 percent of which is covered by natural grass, within the building site that is delineated by the ground cover, or other natural plant materials building official or the director of park and (excludingacreening). recreation for the sole purpose of satisfying the i I! requirements of this article (see Section S1A-10.122). (11) LANDSCAPE BUFFER STRIP means a landscape area that serves a buffer function. (2) CALIPER means the diameter of s tree trunk measured six inches above ground level up to (12) LARGE SHRUB means a shrub that and Including four inch caliper sire,and measured 12 normally reaches a height of six feet or more upon Inches above ground level if the measurement taken maturity. at six inches above ground level exceeds four Inches. If a tree is of a multi-trunk variety, the caliper of the (13) LARGE TREE means a tree of a tree is the average caliper of all of its trunks. species that normally reaches a height of 30 feet or more upon maturity. (3) CANOPY TREE means a species of tree that normally bears crown foliage no lower than six (14) LOT means: feet above ground level upon maturity. (A) a "lot" as defined In Section (4) ENHANCED PAVEMENT means any SSA•2.102,and permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use (B) an "artificial lot' as defined In Examples of enhanced pavement include brick or stone this section. pavers, grass paver, exposed aggregate concrete, and 1S LOT WITH RESIDENTIAL stamped and stained concrete. ( ) ADJACENCY metro any of the following: (5) EVERGREEN TREE OR SHRUB means a tree or shrub of a species that normally retains Its (A) A building site containing a Ieaves throughout the year, multifamily use that Is adjacent to or dtrectly across: (b) FLOOD PLAIN means any land area (1) a street 64 feet or less in j susceptible to inundation by the hundred year width, or frequency nood. (if) an alleys (7) GROUND COVER means r.atur l mulch or plants of species that normally reach a from private property In a single family, duplex, height of less than three feet upon maturity, townhouse,or CH district installed In such a manner so as to form a continuous cover over the ground. Dallas City Code SECTION 18 Page 38 4" , s c uaws�sa § 31A•ID.10t Part 11 of the Dallas Development Code S 31A•10.101 (B) A building site containing a (19) PROTECTED TREE means a tree nonresidential use that is adjacent to or directly having across: a caliper of eight Inches or more that is not Maple), A lanthu� aJe isimar(Trees afuHeaSven) width; or (I) ■ street 64 feet or less in Albizzia /utibrissen (Mimosa ( ee Of Heaven),avetb occldrnealisflaevfgata (Hackberry or Sugarberry), (it) on alley; irrarinus vrluhma (Arizona Ash), Maclura p°nh ra(female onl y) (Bois d'Arc or Horsapple), Ml rfla from private property In an agricultural, single Wil ow),c5ablumi ubifcrum (Chinese Tallow), and family, duplex, townhouse, CH, multifamily, or Willa pumps (Siberian rum Chin AiJi'd (Black manufactured housing district, (C) An artificial lot containing a (20) REMOVE means an act that causes a multifamily use if the lot is less than 200 feet fro m ItIncludes,lbut is not otlimited to: the cut Private dole a� private properly zoning a single family, duplex, tree, a compaction of&oil above the root system f of a a ' townhouse,orCHzon;ngdistrict, tree; & change of the natural grade above the root (D) An artificial lot contain in a system of a tree; an Injury to a tree from fire or other nonresidential use if the lot is less than 200 feet from Infestations;lhansapplication oOf herbicidal or of private property In an agricultural, single family, lethal chemicals; and placement of nonpermeable duplex, townhouse, CH, multitimily, or pavement over the root Sys It ofatree. ' manufactured housing zoning district. (16) NONPER IEABLE COVERAGE means that is (21) REP LiA�CEMEoNdTaTRe EWmeans a trot coverage with nonperme bl, pavement. 51It Is 39, Nonpermeable pavement"means any pavement that is not "permeable pavement" as defined in this section. (22)SCREENING means screening that complies with in construction maintenance (17) PERMEABLE PAVEMENT means a � paving material that permits water penetration to a regulations may be expressly modified In this ttrtlde, soil depth of 18 inches or more. Permeable pavement may consist of nonporous surface materials poured or species that normally teaches a height of Less than laid in sections not exceeding one square foot in area specie upon mormall, tree than n and collectively compriring less than two-thirds of the total surface area, (24)SOIL means a medium that plants%,,;ii (18) PRIVATE PROPERTY means any Vowim • Iroperty not dedicated to public use, except that private property" does not Include the following: natural lo(25) UN ERSTOR means around grouping o (A) A private street or alley, species. (B) Property on Which a utility and term *visibility) VISIBILITY. TRIANGLE lned JA Section s the undue service use listed in Section S1Aa.212 b being S1A•4.602. O - • onducned as a main use. (C) A railroad right•of•wa , (27)WATER COURSE means a nstur&i or con Y structed channel for the flow of water, (Ord, Nos, (D) A cemetery or mausoleum. 19455;20496,220$3) jECTION 28 Page 39 Dallas City Code - - �, 32x Q I I 1 avow 1 MOAROLML § S1A-10.102 Part 11 of the Dallas Development Code $S1A-10.106 SEC.S1A-10.102. PURPOSE. article, the use of high-quality, hardy, and , drought-tolerant plant materials is recommended and The process of development with Its alteration encouraged.(Ord.22053) of the natural topography, vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing increases in SEC.51A-10.304. SOIL REQUIREMENTS. air temperatures and accelerating the processes of runoff,erosion,and sedimentation. The economfcbase (a) Planting areas in general must have the of the city can and should be protected through the following soil depths and dimensions: preservation and enhancement of the unique natural beauty, environment, and vegetative space In this (1) For each large shrub or small tree area. Recognizing that the general objectives of this installation,a minimum of 24 inches of soil depth and article are to promote and protect the health, safety, 16 square feet of surface area(total of 32 cubic feet), and welfare of the public, the city council further declares that this article is adopted for the (2) For each large tree installation, a following specific purposes: minimum cf 36 Inches of soil depth and 25 square feeo of surface area(total of 75 cubic feet). (1) To aid in stabilizing the environment's ecological balance by contributing to the processes of (b) Planting areas located above underground air purification, oxygen regeneration, ground-water buildings or structures must have the following soil recharge, and storm water runoff retardation, while depths and dimensions: at the same t;me aiding in noise, glare, wind, and ` heat abatement, (1) For each large shrub or small tree ` installation, a minimum of 30 Inches of soil depth and (2) To provide visual buffering between 25 square feet of surface area (total of 62.5 cubic feet). land uses of differing character to alleviate the harshness of urban life. (2) For each large tree installation, a minimum of 40 inches of soil depth and 36 square feet (3) To enhance the beautification of the of surface area (total of 120 cubic feet). city. (c) The building official may waive the (4) To safeguard and enhance property minimum soil requirements If a landscape architect values and to protect public and private Investment. certifies that the proposed alternative soil depths and dimensions are sufficient to support the healthy (5) Toconserve energy. and vigorous growth of the plant materials affected. (Ord. 22053) ' (6) To provide habitat for wildlife. (7) To encourage the preservation of large SEC,SIA-10.105. PROTECTION OF trees which,once removed,can be replaced only after LANDSCAPE AREAS. generations. (Ord.Nos.19453,22053) Required areas for plant materials must be protected from vehicular traffic through the use of SEC, S1A•10.101. ACCEPTABLE LANDSCAPE concrete curbs, wheel stops, or other permanent 1 MATERIALS. barriers. (Ord,22053) I (a) No artificial plant materials may be used to satisfy the requirements of this article. SEC, S1A•10.106. IRRIGATION REQUIREMENTS, 1 (b) In satisfying the requirements of this All plant materials used as required sceeening i SECTION 18 bage 40 Dallas City Code 301 32XIO w ,,A xs r i I § S1A•10.706 Part If of the Dallas Development Code I § S1A•20.109 must be irrigated by an automatic irrigation system SEC. SIA•]0.109. ALTERNATIVE MMODS Installed to comply with Industry standards, Other Plant materials used to comply with this article must OF COMPLIANCE. be located within 100 feet of a verifiable water P supply. Proposed watering methods (irrigation or compliance with this Article Owner eplacemenptltrot on Otherwise)mustber the lot from which the protected tree was removed, (a) indicated on the landscape pier, if any;and requirelments comply with one of the three following In a heal thy,adequate wing the plant times.at(Ord� (1) Donate the tree to the city's park and recreation department, (2) the tree on other 22053) city within one Plant m a of his lot as long as he obtain&in the SEC.SIA•10.107. PLANTERS ALLOWED, the written permission of the property Planters may be used to satisfy the requirement lot where the tree is to be locte an the building of this article provided that the soil requirements in Section 31A-10104 are met. (Ord.22053) (3) Make a payment Into a special city Recount, to be known as the Reforestation Fund, in SEC. SIA•10.109, GENERAL accordance with Subsection(c). I MAINTENANCE. (b) i?k L.prppuU, lfa Property owner obtains (a) Required plant materials must be prperIn to plant owner l tthoty the ty, that shall ensure that maintained in a healthy, growing condition at all planting and maintenance of the tre times. The property owner is responsible for regular property e on the other complies with the requirements of this weeding, mot,Ing of grass, Irrigating, fertilizing, article that would otherwise pertain 10 the planting pruning, and other maintenance of all plantings as andma interstice ofthe treeon his property. needed. Any plant :hat dies must be replaced with another living pla,jt that complies with this article and the approves landscape plan, if any, within 90 (c) ' days after notification by the city, p shall Administer theoreforesdlation fund. The ffuunds (b} Any ramage to utility Iines resulting from must be used only for purchasing trees to plant on the negligence of the property owner or his $gents or P ublic prop"or ac uirin wooded property.in the Installation and maintenance of required plant materials in a utility easement Is the responsibility of the property owner. If a public calculated by using thenfo ula for oppralsing the utility disturbs a landscaped area In a utility value of a tree; as delved from thenmosturetatt! easement it shall make every reasonable effort to edition of the Guide/or Estabfishind Volude/Trea preserve the plant materials end return them to their end Other plants published by the Council of Tree 4 prior locations after the utility work. ]!, nonetheless, Landscape Appraisers, unless another publication to some plant materials die, it is the obligation of the designated by the building official. If more than one property owner to replace the plant materiae, (Ord, tree is being removed or not planted,the values of the 22053) trees are added when calculating the payment O q _ required, (Ord.Nos,22053;2MI) SECTION 18 page 4I ;02 DAI1At City Code 21) I o 32X a ss.n� y eeer!w } { § SIA40.110 Para 11 of the Dallas Development Code §SIA•10.121 SEC. 51A-10.110. SPECIAL EXCEPTION. DivislonSIA•10.120. Landscaping (a) The board may grant a special excel Eon to the requirements of this article upon making a special SEC.SIA•10.121. APPLICATION OF finding from the evidence presented that: DIVISION. (1) strict compliance with the (a) This division does not apply to the requirements of this article will unreasonably burden following: the use of the property;and (1) Property governed by a landscape plan (2) the special exception will not approved by the city council or the city plan adversely affect neighboring property. commission. (b) In determining whether to grant a special (2) Lots In the following districts: exception under Subsection (a), the board shalt consider the following factors: (A) The Dail as Arts District (Planned t Development District Nos. 143 and 145•H/16) (1) The extent to which there Is residential adjacency. (B) The Deep Ellum/Near East Side District (Planned Development District No, 269). (2) The topography of the site. (C) The Oak Lawn Special Purpose (3) The extent to which landscaping exists Distict (PIanned Development District No. 193). { for which no credit is given under this article. (D) Central area districts. (4) The extent to which other existing or proposed amenities will compensate for the reduction (3) Itestorstiorr of a building that has been of landscaping. damaged or destroyed by fire, explosion, flood, tornado, riot act of the public enemy, or accident of (c) The board may waive the filing fee for a any kind. For purposes of this paragraph, special exception under Subsection(a)when the board "restoration" means the act of putting back into a finds that payment of the fee would result In former or original state. financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as (b) Only Section S1A•10.125(s)of this division part of his appeal cr request that the matter be applies to lots containing single family or duplex placed on the board's miscellaneous docket for uses. predetermination. If the matter is placed on the miscellaneous docket the applicant may not file his (c) This division only becomes applicable to a • appeal until the merits of the request for waiver lot when in application is made for a building permit have been determined by the board, (Ord.220%) for constructlon work that within a 24-month period: (1) Increases the number of stories in a building on the lot; (2) increases by more than 39 percent or MOW square feet whichever is leas, the combined floor area of all buildings on the lot;or (3) Increases the nonpermeable coverage on the tot by more than 2,000&quart feel SECTION 18 Page 42 Dallas City Code 303 K � ) 32 x � Q' s snma`sr •r c ( § S1A•10.121 Part If of the Dallas Development Code §SIA•30,123 (d) When this division becomes applicable to a SEC. S1A-10.123. lot, its requirements are binding on all LANDSCAPE PLAN current and subsequent owners of the lot. SUBMISSION, (e) The city council shall, as a minima (a) If this division applies to a lot pursuant to impose landscaping requirements that are reasonably Submitted consistent 0the building caofRealnwith tthe be division nAs a Part oft Any ao ordinance establishing or Application ands epfor abuildin ptontlmust consist ofetwo amending +plarmed development district or granting blueline ore Plans prints. The plan must have o or amending a specific use permit. (Note: This scale of one inch equals 30 het or larger(e.g.one[rich subsection does not apply to ordinances that merely equals 40 feet one inch equals 30 feet etc.)and be on a renew A specific use permit when no substantive standard drawing sheet of a size not to exceed 36 changes are made other than to extend the time limit Inches by 48 inches, A plan which cannot be drawn in Of the permit,) All landscaping requirements its entirety on a 36 inch by 48 inch sheet must be imposed by the city council must be reflected in A drawn with appropriate match lines on two or more t landscape plan that complies In form and content sheets. with the requirements of Section SIA•10123. (Ord. Nos. 39455; 19786;20496;22053) (b) Any person may prepare the landscape plan required under this division. There is no requirement SEC. 51A•10.122. ARTIFICIAL LOT that the plan be prepared by a landscape architect or DELINEATION. byapersonengagedinthelandsupebusiness (a) asfnetal. If the building site Is over two division must amain the following Information: this acres in size, the applicant may request that the building official create an artificial lot to satisfy he requirements of this division. The building official names, addresses, a d+telephone Point umbersaof each the shall not create an artificial lot which would, In his property owner and the person preparing the plan. or her opinion, violate the spirit of the landscape I regulations. Any artificial lot created by the 2 buil'ing official must: O Locs Son Of existing boundary fines and dimensions of the lot the zoning classification of the (1) wholly Include the area on which the lot and the zoning classification of adjacent construction work is to be done;and properties. A vicinity m+p should also be attached to or made A part of the plan. (2) have in area that does not exceed SO oercent of the a•ea of the building site. water courses and theilocation Of the flood plain the 4 �i (b) rn c tv oar . ever f ve acre., Ind escarpment zone, and geologically Similar areas, u wee five acres in size, the director of parka and the those term$ Art location of o Article V,if pQplicable, equirt n may create an Aron. lot to satisfy the features, and the location and alie of existingnand equirements of this division. Any artificial tot proposed streets and alleys, utility easements, reated by the director of park and recreation must driveways,and sidewalks on or adjacent to the lot, 1 holly Include the area on which the construction cork Is to be done. 0 (4) Project n+me, +trees address, and lot p and b1or1 desMptlori (c) �a�-�ittgltfts;d. M Artificial lot need of be platted; however, it must be delineated or, �gO tans Approved by the building official prior to the proposed(5) Location, fe light, and material of 1, nuance of a building permit, (Ord.Nos. 19456;20496; o fi (with berms b be ) ?053) delineated by one•foot contour). 'I i k I SECTION 28 Page 43 4 DOW City Code 32X El 1 I I " ' I I I I I § S1A-10.123 Partll of the Dallas Development Code § SIA•10.125 ` (6) Locations and dimensions of proposed SEC.SIA•10,125. MANDATORY landscape buffer strips. PROVISIONS. I (7) Complete description cf plant (a) Single family and duplex uses. Except es materials shown on the plan, including names provided In Section SIA-10.127, a lot containing a (common and scientific name), locations, quantities, single family or duplex use established after May 29, container or caliper sizes at Installation, heights, 1990 must comply with this subsection before the spread, and spacing. The location and type of all final inspection of any building on the lot. The lot existing trees on the lot over six inches in caliper must must have at least three trees with a caliper equal to be specifically indicated. or exceeding two inches. At least two of these trees must be located In the front yard. The trees must be (8) Complete description of landscaping spectres listed in Section S1A-10.134(b). The trees may and screening to be provided in or near off-street be located in the public right-cf-way provided that parking and loading areas, including information as all private licensing requirements of the city code and to the amount (in square feet)of landscape area to be charter are met. provided internal to parking area and the number I and location of required off-street parking and (b) Other ,• .. Lots containing&use other than loading spaces. single family or duplex must comply with the following requirements: (9) An indication of which protected trees will be removed during constru&on and how existing (l) Perimeter landscape buffer sue. A healthy trees proposed to be retained will be landscape buffer strip must be provided along the protected from damage during construction. entire length of the portion of the perimeter of the lot { where a residential adjacency exists, exclusive of (10) Size, height, location, and material of driveways and accessways at points of Ingress and proposed seating, lighting, planters, sculptures, and tgress to and from the lot.The buffer strip must be at water features. least 10 feet wide, except that: I (11) A description of proposed watering (A) any portion of the buffer strip methods, adjacent to public street frontage need not exceed 10 percent of the lot depth;and (12) Location of visibility triangles on the lot (if applicable). (Ord. Nos. 19455;10496;22053) (8) any portion of the buffer ship in the front yard and adjacent to the side lot line need not exceed 10 percent of the lot width. � SEC.51A•10.124. LANDSCAPEPLAN ' REVIEW, (2) Screentngof off-street ioadknspaces. • The building official anal) review each (A) All off-street loading spaces on a landscape plan submitted to determine whether it lot with residential adjacency must be screened from complies with the requirements of this division. All that residential adjacency. landscape plans must comply with the mandatory provislons in Section S1A-10,125, In addition, all (8) In all districts except CS and y landscape plans must comply with at least two industrial districts, all off-street loading spaces on a "design standards" as described in Section lotmustbe screened from all public streets adjacent to l • 51A-10.126. The same landscape features and that lot. p j elements may be strategically placed so as 10 comply with more than one provision. (For example, the (C) The screening required under r/r same large trees might be located to as to be Subparagraphs(A)and (B)mutbe at least six feet in classified as "street trees" and "parking lot trees..") height measured from the horizontal plane passing (Ord.Nos. 19455;20496;22053) through the nearest point of the off-street loading SECTION 18 page 44 Dallas City Code 605 t . 1 r i r § S!A•10.125 Part 11 of the Dallas Development Code §S1A•10,126 space and may be prscre r,! by using any of the Section 51A•10.126 must contain one of the following methods for providing saee,Jng described in Section groups o[ plant materials at a minimum eves e " 51 A•4602(b)(3). a density of one group for each 50 linear feet of the (3) 51li1tJ1 sl. One tee having a caliper of buffer strip: square feet of lotsareastore(utionethereo(each w with large non-canopy tree, (A) One large canopy Mee and one n1inimum of four trees being provided. (4) kIXUt IMU. A large tree must be small trees. (B) One large canopy tree and three provided for each So feet of frontage, with a minimum of two trees being provided. These trees must be located within 30 feet of the projected street largeevergreen ahruObse large canopy tree and three curb. The trees may be looted in the pubIie right-of-way 'Provided that All private licensing purposes reclufrements of the city rode and charter are met. For trees,and one large One shrugy tree two small purposes of this paragraph, "projected street curb" means the future location of the street curb consistent i'•. with the city thoroughfare plan as determined by tree,and two lit a Oef large canopy tree, one small the director of public works and transportation. 8 green shrubs. is) 2ALL111e lot tree•. No required parking Nos.19455;19(F) 20496,o large 5 )nAnopytrees. (Ord. space may be located more than 120 feet from the ID trunk of a large canopy tree. Each tree must have a caliper of at least two inches and may not be planted ' closer than two and one-half feet to the payed SEC,51A•10.126. DESIGN STANDAI(DS portion of the parking lot An applicant shall comply with at least two of (6) Minim m .: ., Except as provided In the following design standards: Subsections (a), (b)(3), and (b)(S)of this section plant materials used to satisfy the requirements of this may enh nce the tlandscape buffer strip to division must comply with the knowing minimum s minimum Overage width equal to o pt�greater than is size requirements at the time of Installation: feet. 4 (A) Large trees must have a minimum Miner of three Inches, or a minimum height of six landscape buffer�eq� alonapplicant b tr�e�hontiSe 'eet, depending on the standard measuringtechnique or the species. The landscape buffer strip must • (B) Small trees must haver.minimum public street fron aaeldexclusive Ofedriveways-ind eight of six feet. secessways at points of ingress and egress to the Io4 (C) Lacaae evergreen shrubs must have and minimum height of three feet. (2) have a minimum width of 10 feet or 10 or purposes of this paragraph "height"is measured percent of the lot depth,whlchaver Is Ias. • om the top of the root ball or, if the plant Is In a 0 rntainer, from the soil level in the container. (c) r An applicant mey provide screening for a l orkln`h lots on the ,p (7) @offer plant matr,t t • A landscape buildln site of oil tadjacent ficial lot public eels is r `-' ,Ifer strip provided to comply with this season or accordable with the it g lsaragaphs. SECTION 18 Page 45 1 Dallas city code 3 101 mininginnom O I I § S1A•10.126 Part 11 of the Dallas Development Code $ S1Ad0.127 i i (1) The screening must be voluntary (not (h) ttnderstor�peeserveNon The applicant , required by ordinance). may preserve existing healthy under story. The preserved understory must occupy at least five percent (2) The screening must extend along the of the lot area, entire street frontage of the parking lot, exclusive of: (i) Enhanced podestrijin walkways. The (A) driveways and accessways at applicant may provide enhanced pedestrian points of ingress and egress to and from the loo and walkways. These walkways must consist of enhanced pavement Intended for pedestrian use and occupy at (B) visibility triangles. least five percent of the lot. (Ord. Nos. 19455; 20496; 22053) (3) The screening must be at least three feet in height. SEC.S1A•30.317. WHEN LANDSCAPING (4) Underground parking is considered to MUST BECOMPLFfED, be screened for purposes of this subsection. (a) Except as otherwise provided In Subsection (d) Enhanced yehictjl&r pavemrne. An (b), all landscaping must be completed before the applicant may provide enhanced pavement. This final Inspection of any building on the lot. If there Is pavement must be at least 25 percent of all outdoor an approved landscape plan for the lot, the vehicular pavement area on the lot. The same landscaping must comply with that plan before the pavement cannot satisfy both Subsections(d)and (e). final Inspection. (Note: All vehicular pavement must comply with the construction and maintenance provisions for (b) If the property owner provides the building off-street parking in this chapter.) official with documented assurance that the landscaping will be completed within six months, the (e) Pltmesble vehicular pavement. An building official may permit the property owner to applicant may provide permeable enhanced complete his landscaping during the six-month pavement, This pavement must be at least 25 percent period. For purposes of this substction, "documented of all outdoor vehicular pavement on the lot. The assurance" means, some pavement cannot satisfy both Subsections (d) and W. (Note:All vehicular pavement must comply (1) a copy of a valid contract to Install the with the construction and maintenance provisions for landscaping In accordance with the landscapt plan off-street parking In this chapter.) within the six-month period; or (I) Pedertrisn facilities. An applicant may (2) a set of deed restrictions containing a provide publicly accessible special pedestrian covenant to Install the landscaping In accordance facilities and features such as plaras, covered with the landscape plan within the six-month walkways, fountalm, takes and ponds, seating areas, period. The decd restrictions must: and outdoor recreation facilities. These facilities and features must occupy at least five percent of the (A) expressly pprovide that they may lot area. be enforced by the city of Dallas; ( (g) Foundation olaatlng_ W, An applicant (B) be approved as to form by the city rosy plant large shrubs along the foundation of the attorney; and 0 main building. The planting area for the shrubs must Q 0 be a minimum of three feet Inwidili and extend along (C) be filed in the deed records of the at least 50 percent of the portion of the foundation county in which the land is located. that faces a street. The shrubs must be spiced no more than six feet apart measured from trunk to trunk. (c) 14 at the end of the six-month period, the Dallas City Code 6ECTION 18 Page 46 goy -- - (`a 32x ❑ 1J '. " F t., of i ..a �� "� • , F`, h � r-�'.r tii Z ,�� y ,�y � y • r C iwfwa r 1 S1A•10.l17 Part 11 of the Dallis Development Code 1 61A•10,132 landscaping has not been Installed In accordance with the landscape plan, the owner of the property Is Division S1A40.130. Tree Preservatloa liable to the city for a civil penalty In the amount of $200 a day for each calendar day thereafter until landscaping n41 the !s SEC. 31A.10.131.Properly p p written Installed• The building �PL1�IfONOF official shall Iva wri DIVISION. 6 Ken n of lee to the roe r ow P owner of the amount owed to the city in ciW1 This di penaltles, and division sion I no applies ti the Ci to all fY attorn Property unpaid civil penalty, The city a ome shall Coiled except for P party in the city unpaid av;I en act P a1 p ties In a suit on the city's behalf, (a) lots smaller than two acres In size that (d) The civil penalty provided for In Subsection Contain single family or duplex uses,and (d Is in addition to any other enforcement remedies the city may have under city ordlnances and state landscaping and Pee preservvation r@#ull,tioro that law. (Ord.Nos. 19455;204%,22053) j vary appreciably from Article 3) a determined by the building official, (Ord.22053) SEC S]A40.I32 TREE REMOVAL REVIEW, (a) 1�en a tree ram- re4niLedr A tree removal a pllcation must be approved In accordance with this section before a person may removes protected tree from a lot (b) ate_ r ,_vim An application required under this section must be hied %ld; the building official on a form furnished by the city for chllowat pinurpose, The application must Include the fog; and signature o!the applicant-1l the-ippllrant Is number, the owner of the lot, he shall submll a letter from the owner authorizing him to act on the owner's behalf• (2) The name, address, and telephone number of each owner of the fat j (3) The street address of the lot (4) A tree survey that shows the loatior% Caliper, and name (both common and sdendfic)of all trees on the lot(tree-In close proximity that all have a caliper of fen than eight Inches may be desfgnated o as a group of trees` with only the number noted)does net or in dseap�e-irddtbiieet- Tree- not proposed for removal or located within g0 i feet of propo-ed construction activity need not be shown on the survey unless the building official SECTION 18 page 47 g Dallas City Code ,r, 10 32XIO , waearee i f (' § S1A•10.131 pert 11 of the Dallas Development Code § SSA-10.233 determines it would help evaluation of the (4) Whether the removal Is contrary to application. the public health, safety, or welfare. (5) Any other reasonable and pertinent (5) The impact of the removal on the urban information that the building official determines to and natural environment. be necessary for review, (Ord.22053) (6) Whether an economically viable use of the property will exist if the application Is denied, SEC. SIA•10.133, DECISION OF THE BUILDING OFFICIAL, (7) Whether the tree Is worthy of preservation. (a) Form of decision. Upon the filing of a complete tree removal a placation, the building (8} Whether the tree is diseased. official shall make a decision regarding the application within 30 calendar days of the tiling (9) The effect of the removal on erosion, date. That decision must take one of three forms: soil moisture retention, now of surface wafers, and drainage systems. (1) Approval, no conditions, (10)The need for buffering of residential (2) Approval,subject toconditionsnoted. areas from the noise, glare, and visual effects of nonresidential uses. (3) Denial, (11) Whether + landscape plan has been (b) Failure to decide. if the building official approved by the board of sdjuslmenp city plan fails to make a decision regarding the application commisston,or city council. within 30 calendar days of the filing date, the application is considered to be approved subject to (11) Whether the tree Interferes with a compliance with all applicable city codes, utility service. ordinances, rules, and regulations. (13) Whether the tree Is neat existing or (c) inenmplete app iutions. The time periods proposed structures. In this section do not begin to run until the appplicant provides all of the Information required In Section (14) Whether the proposed mitigation for 51A•10.132(b). in uses where the building official tree removal is sufficient. requests additional Information within 10 calendar days of the filing date, the time periods in this Notwithstanding the above, the building official section do not begin to run until the applicant shall grant a tree removal application when the provides the additional Information, proposed removal Is necessary to allow the construction of Improvements In accordance with a (d) Tree renppvd at■ndards, The building building permit. official shall deny a tree removal application if the removal is not in the public interest. This dedsion (e) Written dens■1. 11 the building official must be based on the following futon: henshall stateeIn writ ng the specific reasons (Of for (1) The feasibility of relocating a denial. ry proposed Improvement that would require the (f) �� Q removal. alternative to denial of a Mee removal a plicadon (2) The cost of preserving the tree under Subsection {d), the building official may approve the application sul jtd to conditions noted If (3) Whether the lot would comply with compliance otherwise constitutieNgroundslfor eliminate-nial. 1f the this article after the removal SECTION 19 Page AS Dallas City Code 609 i - -- i � 32X 4g S%$ _ Q § S1A•10.133 Fart 1101 the Dallas Dtvelopment Code g s1A40.133 ( building official approves the application subject to smNmz&cAAhz conditions noted, he shall state in writing the sapindu,arum o as _ specific requirements to be met before approval of the s^►�amwo WINNrn as application, An application approved subject to T.remua,awen+>n i��M4►ws Tarea um distd%m conditions noted 'hall not be considered as final) tAmu,a wbLa We[yr,� Approved, Until all conditions are met and the tnma,parvim'a coda v" official approves the application with no vaw„u,n rusdulmn to a>a conditions, the application a X-ty'laeh,r conditions shall be deemed denied. (Orda22053)subject to (e) LQgAt(GII. The replacement tree(') must be planted on the lot from which the proleded tree was removed. No replacement tree may be planted SEC. 51A-10,134, MITIGATIONOFTM Within a visibility triangle, a water course, or an REMOVAL existing or proposed street or alley, If the Mee removal application is Approve d, one (d) AdIaLM tMALU. A replacement tree must or more replacement trees must b lanted In have a caliper of a!least two inch'. accordance with the following requirements: (tt) TimEn;, equal,'n caliper, he c caliper Of the pro ected)tree st (1) Except as otherwise provided In removed. O Paragraph (21 all replacement trees must be planted within 30 days after the removal of the protected (b) 41dtii A replacement tree must be one of tree(s). the following tree; buildng(2officiale Property ith in affidav it that the Atrn n.Tn esrl•ra--=1 raw . L:UZ=ncN„n CQl�1�[x..m replacement trees will be planted withitf six months, A, , , the building official may permit the property owner I""r* t'rn Todd., Caddo Ma le to plant the replacement trees during Awe�(rr,neidmteh pp g the six-month , Arer 6ue•Bmenvm Batxrh Af,pfe period. Bum,li,l,nupnou TnernlA4Ft, Cer,„unxm❑ rt' Cerro eavd,nN r Feoan (3) A replacement tree that dies within I w Udaps hinges Iledbud two yeas of the date It was planted must be repleced ONO r«1o,n. D em mum by another replacement tree that complies with this r�a'F'>rw nraln,w lmde ordyl c"m "a subsection. (Ord,22053) Art n1re rraunu„mengn, Mh�don irreinw 10,pJs P;aq u'a,a�aNe ?eras r eMreOre SEC. 91A•10.tbs. RETENTION OF r ma c ►euwh w d1 Ilea romllon, Ikdduou,Fldtr PROTECIED TTtEE9, IuB!en,m�axarya T,upoe Hour turypen„a,hp Ta„Ilaywm„a Where an applicant plans to relan pprotleled r Igw-(f eHr:,,y 0 Fut" :`as,r trees on a site to be developed, the following siquneer, rod,flors requirement,must be met: �t,rnoli,Bruidifieq B"rrV'� Anur etdena b.:Iwm 1.LBneB. t1e,An,Mwdat a �.�� ����,�� RMW,r�I Auu9trimwIK,eRne flagged)with co--- ed vin All lk wrapped u`oundtth ,�r.m etunenn, leppaneee aua n main trunk at s height o!it lent four feet so p to be rarw W4lend Was OndrqwrllAaNe Q • N 2UM me.lauv Me,fn,trly visible to workete on loot or driving equipment. ?smut eeru,dd Daeam od rl.,. xf�s mmttM dl (b) I. ✓d' hem„mutarntR bdg- A protected tree that is t Iur hn t KM�d �,gin 4 must feet 01 construction encing or This iccess C11V ad completely enclose the drip line 01 the tree until . SECTION 18 Page 49 f0 Dallas City Code i 32XIEl 1 :..ar. 0 t m, l [t S1A-10,133 Part 1 1 0 f the Dallis Developar,..i Code S1A•SO.laO construction is completed. During construction, no SEC.S1A•10.139. FINES. excess soil, additional fill, equipment, liquids, or construction debris may be placed Inside the A person convicted of violating this division protective barrier,nor may any soil be removed from shall be subject to a fine of not less than $400.00. within the barrier. For purposes of this subsection, (Ord.22053) "drip line" means a vertical line that runs from the outermost portion of the crown of a tree to the ground. (Ord. 22053) SEC SIA•30.140. DEFENSES TO PROSECUTION, SEC.SIA•10.136. CRIMINAL It is a defense to prosecution under Section RESPONSIBILITY. S1A-10.136 of this division that the act Is Included in one of the enumerated categories listed in this A person is criminally responsible for a violation section. No approval of a tree removal application is of thls division if the person: required if the tm: (a) removes, or assists in the removal of, a (a) was dead and the death was not caused by protected tree without complying with the an intentonal or negligent act of the owner or an requirements of this division;or agent of t're owner, (b) owns part or all of the land where the (b) had a disease or Injury that threatened the violation occurs, (Ord. 22053) life of the tree and was not caused by in intentional act of the owner or an agent of the owner; ( SEC.S1A•10.137. NOTICE OF VIOLATION. (c) apai In danger of falling or had partially fallen and the danger or the fall was not due to an Before issuing a citation for a violation of this intentional act of the owner or an agent of the owner; division, the building official shall give a written notice to the person(s) criminally responsible. The (d) was In a visibility triangle (unless the notice must specify the location of the offense and the owner was legally required to maintain the tree corrective measures required, as well as require there)or obstructed a traffic sign; compliance within 30 days after service of the notice. The notice must be served either personally or by (e) Interfered with service provided by a certified mail. The building official may not Issue public utility within a public right-of-way; the citation within the 30-41ey period or after the 30-day period If the violation was corrected within (f) threatened public health or safety, as * the 30-day period. (Ord, 22053) determined by one of the following dry officials: • (1) the chief of the police department SEC. SIA•10,133. APPEALS. (2) the chief of the fire department; In considering an appeal from a decision of the j building official made In the enforcement of this (3) the director of public works and division, the sole Issue before the board of adjustment transportation; shall be whether or not the building official erred in • his or her decision. The board shall consider the (4) the director of streets, unitatiom and O • same standards that the building official was codetrforcement services;or k , required to consider In making the decision. (Ord, 22053) (5) the director of park end recreation; SECTION 18 Pagi 50 Daltu city Code sit X J.0 32X10 F i ! t �,, � ^ • 'qtr :,c a , i i ! A'NO N ^ ' i. !' t 0 n ` UMoroIi y i $S1Ad0.110 ' ?ad It a the Dallas V*Vefopment Code 9 I �S1A•10.t40 � +. ' i (g) was designated for removal In a landscape i. plan approved by the city council, city plan commission,or board of adjustment (h) interfered with coutruction or maintenance of a public utility; s l Including the operation of construction equipmeatin i normal manner, In accordance with Infrastructure engineering Plans approved under Article V of Chapter 49 or Section S1A-6.404; or W was removed to allow construction of improvements In accordance with a building permit (Ord. 22053) t , ' SECTION 10 Page 51 I t DOW city Cede , l xln 32XID I O t &Arno SECTION 27 LANDSCAPE AND BUFFER REOUIREMENTS i A. PURPOSE The purpose of the landscaping and buHer reou;rements is to provide for the orderly end seathste development of the City. It is the incert of these requirements to: t. A balance between the need lot landscape treatments and the need for commercial growth in the City. 2. Promote a flexible attitude of enforcement tuficlent to meet %;,e spirit and intent of these requirements, 3. Promote mutually beneficial improvements by utilix;no Incentives rather than penal%!*$, 4. To aid In stabltir;ng the environmental balance by contributing to the processes of a4 purification, oxygen regereratim groundwater recharge, atOrmwatet runoff ratardat;on { and erosion control. 5. provide for the separst;on end buHe'ing of incongruous uses and Intensity of activities and provide for the visual softening of building muses, 6. Reduce gore from paved surfaces, dust nuisances and the impact of note. i 7. Protect and promote the value of residential and commercial properties within the City. 8. Promote a positive Image for the ettract'on of now bus'ness enterpr;tas within the City. and 9. Encourage the protection of healthy vies and veoetst;on and promote the natural etiological, anvironmental and sesthet;c oval;tiea of the City, i S. BUFFERYARDS AND LANDSCAPING REQUIRED The requirements of this Section shell apply to all now nonresidential and multifamOv construction, ' f Buildings in existence an the effective date of Will ordinance shall be considered legally noneorfotming. Any new construction which exceeds 2,500 square fait, or ma: than a 30 percent expanelon of an existing building, shall be required to meet the nquiremenu herein. F ad she developments or ground Idiot developments ehaU be requited to pfov;da Isndscopino in accordance with the Interior landsesp;no 1 requ;rements of Station D. Buffervsrd and tondscopino fequiremsnts include fequired bufferyaids, Interior landscaping, and pork;ng lot landscaping. Each roqultement Is In addition to the others, C. BUFFERYARDS 8uHeryatds shall be required In accordance with this Section to capente diHefant IsAd uses from each other to el;rn;nate or min;m;so potential nuisencts such at din, Utter, nolse, glare of lights, slam, end unsightly bu;id ngs or park;ng orees, of to provide spacing to reduce adverse Impacts of noise, Odor or r danger hom fire or explosions. Both the amount of land and the type and amount Of planting and spseiflad simc%urss for each buffervard are dosioned to faun nu;otnces between sdtscent land uses at between I a land use and a public road. • i 117 713!01 SECTION 18 Page 52 a5 �, � El 32XI ❑ ' , t • i aalParllol ' Y ,wraoesrs , 1: location $ Nervsrds$hall be located within and eton Bueryud$may overlap dra;na;e altdlor 9 the outer peritn"r of imoede the flow of w utility easements; howevera lot or boundary line, an any portion of an t rist;n'thin a drainage easement. Buller r ' P antinos should not 0 or dedicated Public street or r;;htYof wa shall not ba located 1 2. BuHeryeld Requirements a, Tables 27.1 and 27.2 detsrm;ne the %Yoe of buffer r ediaeent Parcels or a ptrcel end a roadwa Ya d required between iwe the tables refer to the diNuant Duff r Y, The letter dastonatlons contained In Of Bufferyards in th;a Seedon. a Yafde described in FiGUra 27. The fattowtnq is a eumrnar 1, utustraYc, h Y or the bufferyseds: Width PNnt;n a er 100 fast euffer and Ifeatl Cano Trees Accent Trees SArubs Fence A a 1 Re u;rements r $ 10 ---�_.. _.._.,._.2 B none J C �0 3 — 10 none I D 10 4 4 f2 _ _ none E 10 1 a 18 none F1 10 2 3 a Beerm-81 F2 a a 10 4 6 Fenee•Ff 12 Fe11042 Plant ma;ar;+l shelf be Clad;tad to meat only one do not $atlsfy twe b buffer uHe r Yar ha ds l d He. Plants on cornea D' Es;stino Plant Credits, E$tstin Property line and h A tress which are within fifty feat f50'I of the I$ndsoloed area Mall b, a m'nimum of so Percent of a follows; granted credits toward reducOf the dr;P line within a 0 the required Plant;npe Stee of Tree Saved Cene Tree " - Undegtor Tree 6' to 12' cal; at 2 12• caliper or r 3 ewer 3 4 fK;efinG area between 1•fq• g . DuNeryard may be Granted ered;ts onpa One 40 bona bites which sea a within the este. ' i 4 • 713/97 1te SECTION le Page 53 --- / :) K 10 32 x 10 1 [Y. ;. .'R r !1 bti : 1 t 1 T" V ril •� >; 1}:'FL II 4 r I 1� 4 t n 1 r �. ewoore tl 1 't ' � .♦ � i I� O I \ 1 o r I i 1M , 1i r + t 4 r r r ..,.. .. ,. ..�+. i...♦,r .,en enrol... ;� :�.. .» ,�.,1. .... � .+ ` Table 27.1 '4 SUFFERYARDS ADJACENT TO OTHER LAND USES Zoning of Adrecent Tun Zoning of ; s Devefo in Tnct CF A. B BR C,CR, D E F. HC 0 H Mk CF C A A A A, B BR CRC D A F1 A A A A 4 E A F1 B A A Ft F. HC, 0 C F1 F1 A A • F1 k 0 F2 F/ F1 F{ A F1 MH C F1 0 A A • No buNeryard required Tobte 27.2 SuHsryarde Requlred adjacent to Streets Frontage On Frontage on Tnorau AfsreSlCollectors Frontage Zoning of Interstate an Devetooing Fronage Road or Across from Across From Residential Tract State Hi Awes Commsrusllindustriat Rastdent4t Str et CF E A B. OR B CA, C, 0 C A A A E E A A B F HC, 0 E E E E H 0 E E E a ! I ' Mk C 8 C D ' No buff"srd tequlnd e i k � I 1{s 713127 SECTION lE Ptq• 54 I ' r r 25x 32XIO pia ' ' ✓ F [ I� A a .t rll A ,{ni i{. rq 7i ;� 1 .4' . v 'Agave I r. O 1 1 F - 1 r r rIL 1 FIGURE 27.1 BUFFEAYAADS ILI i a BuHeryard •A• Minimum Width Is live fee �• r� A minimum width of ten felt (10,11 may used in combination with a twenty percent (2p%) r —SY� reduction In planting density � t $ Required Plants ° per 100 Linear Feet + Cen0 trees t pY es } , Understory Trees 2 3 C—LPJ-00—erry Una � BuHeryard •B• Minimum Width Is ten feet f10,) A minimum width of twenty feet (201) may be ) —"�--0-'�used in combinaBon with a twenty n Cercent (20Kreduction in Plentin o density ; Aequired Plants per 100 lia,er Feet e ° + 5 Canopy trees ' r Underito 2 Shrubs ry Trees 3 ; e --- CprcOlrrY ry Une Suflerysrd 'C• Minimum Width is ten feet (10'1 A minimum width of twenty feet (20'1 may be used in combination with a twent S 10' -s reduction in planting density Y Percent 1201A) Z) i e Required Plants per 100 Unear Feet z ` i CtnnpY trleJ , 3 , Understory Tree, E 1 t Shrubs 12 C PrOPerry Une r BuHeryard 'D' Minimum Width Is ten feet 110') 0 A minimum width of twenty Used In comb;nst;en with twee 120'1 may be ��----10'-.�.� reduction in plantino density Percent (20%) e t t Aequired Pants ' Ceno Per 100 Linear Feet 5 t 5 pY trees 4 Y . understor>I Trees t j snr�aJ to O ' Pr00orry Una 120 SECTION 18 Page 55 r ' 1a azxla r r r tr k Figure 27.1 continued i C � r Bufferyord 'E• Minimum Width is ten feet ISO') Berm - 81 A rninimurn width of twenty feet (20.1 may be 10, used In combination with a twenty percent 120%) reduction in ;Iantino density Required Plants per 100 Linasr Feet e Canopy trees 1 Underatory Tress 2 .� R ! cl Shrubs 8 Property Line ° Sufferyard 'F1 ' Minimum Width Is ten feat 001 Fenee ° F1 A minimum width of twenty fast 1201 may be N --�10, a� used in combinstion with a twenty percent 120%1 reduction In lsntin density ° i P 0 Y 5 ! Required Plants per 100 Linear Feet e ( Canopy trees 3 N t r Understory Trees 6 Shrubs 8 Property Una i I 1 BuHeryard 'F2' Minimum Width is ten feet 1101 Fenee ■ F2 I A minimum width of twenty feet 1201 maybe used In combinstion with a twenty percent (20%) 3 reduction to planting density ° Required Plants per 100 Untie Foot Canopy trees 4 t Understory Trees a �f 1 Shrubs 12 Property Una I i 1 71 r SECTION 19 Page 56 f 1 ' ^ r F 1 1 0 x 10 32 X I O 1 Figure 27.1 continued Fe A nce/Bran equb es ad Structure _ --mss 1 i , n { F Finished side t�� the fat Intense lice use Six foot f8 helgh7 minimum Wood Stockade fence F2 poured conerete, brick etc, Concrete block or hadiu block eilowed w I t h ornamental/textured face towards less Intensive use Six feet minimum height Masonry Well al .4 " 7hree foot 19+� r� minimvnl height Curved la . your , Cover Ssvanty•fl've Percent 1751 of total length Shrubs In a hedge may earthen bum subedtute for berm Q � , 713197 122 SECTION 18 Page 37 7 � � � 32xlc e ' xuteern ' O { I i ( C. Requirements for Plant Materials: Plant materials shall conform ; Paragraph F of this Section. All bufferyards, unless lawn grass or ground cover is already established, shall be seeded with lawn grass or planted with ground cover so as to assure coverage within three years. ' 3. Required Structures a. Wass and Fences: Whenever a wall or fence Is rewired wltW.n a bufferyard, it shall be six feet 16'1 in height and constructed in accordance with sp565cetiens set forth in the City's Design Standards and Criteds. A "F1' fence stay be wood stockede, a "F2' fence shall be of masonry construction. A 'finished side of a well or fence shall face the residential or less intense land use dde. b. Berms.Whenever a berm is required in a bufferyard,it shall be a minimum of three feet in height and constructed in accordance with the specifications set forth in the City's Designs Standards and Criteria. Seems shall have side slopes no steeper than 2:1. When possible, all berms shall be curvilinear, rather than strsight Berms ate not required to be continuous and are preferred to be broken petio6cally, but mur,covet* minimum of 75 percent of the length o! the property line to be buffered, A hedge of plants obtaining a mature height greater than three feet may be substituted for a berm. When plsnting, this hedge shall be a minimum of two feet in height and planted no further than 30 inches on center. 4. Dptional BLIferyards The applicant may choose to provide a more intense bufferyard than required, in order to reduce the number of plantings, according to the following: 8uf'eryerd P.pouired QbtlonilT 8uffervards A B, C, 0, li e C, 0, F1 C D, FI D Ft E 8, C, 0 F F2 F2 none B. Uses of Bufferyards: A bufferyard ntsy be used for pisslva reciestion, such as pedestrian, A bike or equestrian trails, provided that(a) no plant material is eliminated, (b) the total width of the bufferyard is maintaineJ, and (c) all other requirements of this section are met. 8ufferyards may not be used for playfields, stables, swimming pools,7ennis courts, accessory buildings, parking facilities or trash dumpster locations. D. INTERIOR IANOSCAPING REQUIREMENTS I , Interior Landscaping Requirements, The amount of landscape area tiquired on the interior of the lot (excluding bufferyatdal shall be baud on the square footage of th, building Q footprint of the proposed buildings. For single atone anchor tensnts having mere than 20.000 square feet of floor area, the building square footage shall be the front width of Cthe building multiplied by a depth of sixty feet (607. 123 713'97 SECYION 18 Bege 58 32x � � 'r ateasm :aoen=a, The toQv;red landsce e r _ the floor area in accordance wore the followings rict shalt be based on the Percentage p. Z°nin� D• E, F. HC, G CF 10 % H 10 % 10 % a• Plantng Requirements: The fottow;n I fandscepe arses g Plants shall be required within the interior � 1 Canopy Tree per 600 square fee 1 Understory Tree Per t 300 square t 1 shrub per 60 square teat eat Ground corer - 10% of required area b• Location requifemerts: A minimum of 75 percent of alt raquucd W;th;n the in;ertor landscape area shall be (n the /root or aeon building between the bV;idin dent materials g and the interior edge of the rongired tulle o of the c• Enhanced Pavement Credits: For eve ryards, area, the required interior landscape one square foot of enhanced The maximurn Cfedrt g-van for De area may be reduced by one-halls pavement required interior landscape area enhanced Davement aheil be ten quare foot. percent of to ` d' R'ght-Of•wey Landsca in reduced by a maximum of let, r sr The required tnteror land scope area ma ten pertens wen irrigate and maintain N.'fprass wittlln the the applicant phppala to ltgbl aA The Dercenf cred t p;ven virll be parkway along the front of their irrigated (!e, 50 percent Parkway rorated based on the Draperty, y irrigated provides 5 port;on of the wrkway E. Parking lot Landscapin Percent Cred;t.f p Requirements area for;each shall be all Pfo d in Park' areas on the bass of ten 1101 square feet of tandscape area for each aarkin Hells Cho :Provide he requi�ed landscarexamately one island per 16 the intends near D ea, however It shalt be the aal,,,;canh row of Park;no buildln a Buirding bu;ld;ng, throughout the Perktng or at the t s right to place o, Th p gk;c;al ma m end of the rows away it woufd be beneficuf to comb;ns Islands] the island requirement for each row in ay from the width of 8 feet back to back, tf me cwbed�ort9 foot edge t edge if er Curb q Provided.alt hov a r ;np l01 no landree ;n Planter tshnds shall have a minimum D p does not count toward the total required lntnior landscape arse, 1' ExtsGng Trees: The &Odin requirlrnents to preserve ex;s%,no ai may approve var;attgns to the minimum width of the Planter island Shell be follows;r0 Planter Island g areas, for extr.;no trees, he 6' esllpef of less 6' to 12' caliper 8' m;n;rnum width more than 12" Caliper 12 minimum wide 'a'rn;n;mum width 2 Planting Requirements: A m;r,;mum of 5o Percent of ell I shall conu;n a mintmum of one canopy tree with the rePla;n;n Planter Is?ands in parking areas 7/3;97 g area In shrubs, Ground 124 SECTION 18 Page :9 I , annexasse ( cover, Crosses or seasonal color.Planter Wendt which have light poles may svbsGtute two understorylaccent trees for the required canopy tree. F. Plant Materials 1. Oual:ty Standard: All plant material shall be of No. t grade, free from plant diseese, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the We of standards set forth in the current edition of the American Standard for Nursery Stock. 2. Recommended Plants: A list of recommended plants within each plant material type is intruded in Table 27.3. The applicant may riot.+se plants other than those listed if the plant is aporoprista for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. Plant materials shell be appropriate for the region and local soil conditions and shall be planted in accordant! Wi:h flood hort:culturei practice. Plants selected should requ;re only low maintenance and should be temperature and drought tolerant. i i 3. Size Requirements When Planted: All plants shell equal or exceed the follow;nq measurements when planted. Plants larger than specified may be used, but use of such 1 plants shall not decrease the size requirements of other proposed plants. A. Tree measurement: Canopy and undersiory trees with sing!* trunks shall be measured by caliper size one foot 11'i above the ground fine. Multi trunk trees shall be measured by the haght of the tree. b. Minimum sizes: The minimum plant size when planted shall be as follows: Runt Materiel Tun Minimum Slte Canopy Tree Single Stemltrvnk 1.112' caliper Mult;•trunk clump 6 feet high Understory Tree 4 feet high Shrub Oec;duous 15 Inches nigh Evergreen U inches Ngh Groundcover 4 inch conlsinars The Buildino Official may approve smaller site shrubs based on vnusuar growing ` circumstances andlor on a specific design which reflects the overall Intent of this • Section, G. LANDSCAPEPRRIGATION PLAN AE0UIREMENTs 1. QUALIFICATION TO PREPARE PLANS: For all lots greater than one acre, Landscape plans shall be prepared by a Registered landscape Architect. For lots less than one acre, A Landscape Des'•+gner or Landscape Contractor, knoMedotablo in plant materials end landscape deegn may also prepare the landscape plan. Irrigation plans stall be prepared • by a Licensed 1rr;gator or Landscape Architect. 0 r 125 713;97 SECTION 18 Page 60 ;, . » .• 3 2x � � r r r C 2sr7 w I r I Avon" vCi4g71 2, LANDSCAPE PLAN AEOUMEMENTS: The following required landscape pia,: items sRel1 be Provided on the a. Sheet sire 24" p b. Acceptable Seal,.1 or as approved, c• North arrow, r 10', 1'.20•. 1'.40•, or as a d C aphis and written SC; approved. Appropriate title (ia. "Landscape Plant e• Title block, inc!ud'no street address, fear!description, end date of r f• Name and address of owner g Name, address and telephone number of P eparsVon R• Property line shown with dimensions Person prepuin i• Existin g Plan, a d typ s (water, sewer, storm drain, gea. electric, Wbie TV lk Widih end type of bv'feryards labeled on all e.des h k• loess on,ce!i etc.) are to be r Per sire and species of all ex;srinp trees 6' carper or r 1 Preserved. Greater which Location, quantity. site and species of all Proposed M. Maintenance Nate isee paraq•sph H,t1 P Aosedplantmater;ols. n Label type of an enhanced f o. d w Vlai P ement P. Seal end trranghs shown Proposed. dated ; s gnatvre of tend Q. Plant list sups Architect fit applicable) r. Any berms delineated with ore•foot (1') contours 3, lRA;GATION PLAN t;o AEOUTAEMENTS, The fo%winp items shall be Provided Pn ir6oan plan: the requ;re0 a. Sheet sea! 24" b b e 35', or as approved f Acceptable eerie: 1' . 10', 1. 20• or 1'040'. or u a same $Cole as (ands:ape Plane PAroved C. North arroe,, r (Must be at d, C aPh'c end wr;Ren scale Appropriate Y're (ia, 'frlioation Plan'I C Title block including street eddresL legal description, a }• Name and address cf owner g' Name, address and t and date of preparation. h. Property line with d nx shorts number Oro arson preparin t i, Local;on of all eK;rin p plan. I• All P;Pla labeled as to size a 6' Wiipar or larger which are to be raved k• Ali sprinkler heads leoeled is to type (key is eccaplebta) t' 8ackffow prevenr;on device labeled with type and rise M. LoWtion of water meter and connection to water service o. Any existin0 uu!ities (water, newer, i Note fndip,no that ;ns v&-,;on must be Inapercted by Ben6rtook ca Authority (Telephone N Wale 7V, ate.) P' Maintenance R o; umber 249.1250), Water and Sewer r• Seat and datot, lr naQ�etof r f p o essional who prepared plan. Q I t26 SECTION 18 Page 61 . • ��, � �� 32XID J V t i G E 1� r ! i I ✓ r' 4,R.. e. a t r S`• or fig r If) tp w In t Y t Table 27.3 Recommended Plants Canopy Tree AccentlUrvierstor Trces Shrubs Ground Covers V nos Pecan Bradford Pear Photinia Juniper species Carolina Jasmine Cedar Elm Redbud Eteagnus Monkey Grass Halls Honeysuckle Red Oak Youpon Tree Dwarl Yaupon Holly Monde Gross Coral Honeysuckle Live Oak tritex Dwarf Burford Holly Asian Jasmine Lady Banks Rose Bur Oak Crops Myrtle Dwarl Chinese Holly Vlnco/Periwinkle N Lacebark Elm Japantse Black Pine Tam Juniper Pulpit Euonymus `+ Chinese Plstache Slash Pine Sea Green Juniper Austrian Pine Texas Mountain Laurel Jopancse Barberry Bald Cypress Sweeigum Flowering O'ulnce Honeylocusl Pulpit leaf Plum Taxes Sags Southern Magnolia Forsythia Spirsea Pam as Grass The City reserves the right to approve plants and planting through an appointed horticulturist, landscape architect, or other persons so arallPed. N 1 MM H O 7 z N 00.V of N t N 211 •• ! ❑ 32X � L �1 M1I \ I •i'l \ TMi I \, 1. 1 1 ^ .N: } V. `1. I . 5. r •,' 1 i ',r , 1y I I t6f11eEB ,I' J ! ,. • O r Jf , 1 f \ r j . .r rt.vea —1 1 •..rte f`) { Y ,, H. MAINTENANCE t GENERAL. The owner, t responsible forthe me;nievnae M aB landscaping agent. if any. r Y shall be jointly and aev r shah be mainuined in a nest and orderly manner at all times. This shall Include de mowing blY ` P' g and IrRpatlon. Al!required landacepibl edging, Pruning, fert;l;ring, watering. r. maintenance of landsce ;n g. weed:ng, and other such f, and other such mater;af or plants got a�are shall be kept freeto!t'11 Common to the be msintsined in a health Pont of the landscaping, all plant ter;weeds Vest, Al Irrigation heads or f,Gr wh hCondbronan and p t n'steriais shall repaired immediately to prevent the ward of water, Ppropriate for the season of the nd flow water shall be replaced o: 2, PLANT REPLACEWNT. Th 4f{! which Shows deed branchng o ew)SrP�cal t or mold sl the noral b arl n I re repair irrigation replacing ell Plant msceand Of Occupancy,syatent for period of one year from the date of issuance of A Pattern and n Plant materials which d a Shall be replaced with plan: mssetiat vat;ety and airrularirsdel sl:e. The Owner 6 shall aka such net: th PlAr the of s; case 30 days of nati6eetion by the City, of similar v aPlatemmta within t . rl • i 7/3197 ( 1 12B SECTION 18 Page 63 r, 25 x � ❑ 32x � C} t , l i �a►^Igo { SCREENING AND LANDSCAPE STANDARDS FEBRUARY 311987 LO INTENT The requirements established herein for the Installation and maintenance of landscaping and screening are deemed necessary by the City Council to protect and enhance the community's environmental, economic and aesthetic quality, thereby contributing to the overall objective of promoting the public health,safety and general welfare. More specIficelly,it is the purpose of this ordinance to: 1.1 Aid In stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge and retardation of stormwater runoff; 1.2 Aid In abatement of noise,glare,heat and dust; 1.3 Promote energy conservation and personal comfort by maximizing the cooling effects of vegetation; 1.4 Help delineate separation of spaces and activities, thereby reducing visual and functional conflicts between land uses and activity areas associated with a sites 1.5 Enhance community appearance, identity and unkque natural beauty; 1.6 Create visual Interest, variety and harmony and provide contrast and relief from the built-up envitormentl 1.7 Protect and enhance property values; 1.8 Establish the minimum landscaping and screening standards and criteria that are necessary to achieve the desired quality of life described by the purposes set forth above. 2.0 DEFMIOtJS Terms not defined herein shall have the meaning assigned to them In the Zoning Ordinance, Building Code, or other codes and ordinances of the City of Garland. Terms not def fined herein or in the Code of Ordinances shall have the meaning assigned to them by the latest edition of a recognized dictionary, 2.1 "Ad !cent to Residential District" means located In such a manner as to A be adjoining, contiguous with, ar abutting a residential district boundary fine; even when separated by alley rights-of-way, easements, or street p tights-of-way. 2.2 '8uildin9 Site" meansi 2.2.1 One or more lots es Identified by a subdivision plat filed In the plot recordA of the County of Dallas, Lxas. , SECTION 18 Page 64 .1. i P ala. ,,�rrij Jt „I 32 x 1 0 t r Masts / ' Q 1 2'2'2 An area within the platted lot or Iota that is delineated by the { applicant end approved re by u the Director of Planning for the tole Pu pose of fulfiElingthe qfrements of this section, 2.3 'Cal r means the diameter of the trunk measured six (6) Inches above ground level up to and Including four (4) inch caliper size, and measured twelve (12) Inches Above ground level if the measurement at six (6) trunk inches above ground level exceeds four (4)Inches. If a tree Is of a Multi ne-h variety, the caliper of one-half the tree is the sum of the largest trunk plus alf the total shave the rvotball. of all other trunks, measured at twelve (12) Inches 2.4 "Director of Plannin Planning or his designee, means the Director of the Department of 2.5 "District" means a zoning district as provided by 4 nn 4Ordlinance,Ordinance 3237, a, amended, the City of Garland 2.6 as an evergreen means a '?rub of a variety Identified In Section 5.7,3 as an evergreen shrub. 2.7 l'Groundcover" means plants of species which normally reach a height of ess ththroe (3) feet u form a continuous v maturity, InstuQed in such a manner so as to cover over r the ground. 2.8 'Heavy Vehi_le t oadlna Area" accommodate the maneuvetting, loading and unloading,loading,eand aligned to commercial vehicles having a length of of greater. twenty-seven (27)f set or 2.9 Landscape Architect" means a arson licensed to landscape architecture r�cture in the State of Texas pursuant to State low. tech 2,10 'tae tree. means a tree of a variety Identified I t Section 5.7.1 as e large tree. i 2.11 t-ItIt mmodateithe meneuvenng,'lomean end unloading, and parkin to means a paved area designed to commercial vehicles having a length of less than twenty-seven (27) feet.of 2.12 "Masonry wall" means en exterior well composed of atone, brick, • concrete, gypsum, hollow clay tiie, concrete block or tine or other similar building units or materials or combination of these materiels laid up unit by unit and set In mortar, or precast panels. 2'13 'Tdow E e t " means a projected concrete footing which is perpendicular o the base of the wail or fence and Is contiguous with the ground for the purpose of restricting the growth of weeds and grasses. • 2.I4 "Outdoor Store Area" means the storage of equipments O • goods, and supplles including the keeping of Automobiles, cks 0 Isles t trailers, buses, and lawn and garden equipment \ enclosed within a building end which are noto temperuy Eisplay for the Purpose of being immediately for $ale to the public at large (where permitted by the Zoning Ordinance). SECTION IS Page 65 ,2. „ K �.. 32 x � � ' r r Y 5 t r O Y I 2.15 'Rear Yard" means an open space extending the full width of the lot I \ between the rear lot line and the rear of a mein bullding. 2.16 'Side Yard" means an open space extending from the front yard to the rear yard between the side Iot line and the side of the main building. I 2.17 "Smallf0mamentaI Tree" means a tree of a variety identified in Section 0.2 as a sma ! ornamental tree. i 3.0 APPLICATION i 3.1 The Screening and Landscape Standards shall apply to all bullding sites located in the City of Garland except for the following: 3.1.1 Property governed by screening and landscape requirements approved by City Council as part of a Planned Development District unless the Planned Development Ordnance specifies compliance with the regulatlons set forth herein. In the event that a Planned Development Ordnance does not contain ' 1 screening and landscape requirements, then these standards shall a ppl Y. 3.1.1.1 The City Council may Impose screening and landscape requirements consistent with the purposes and standards set forth herein as a part of all ordinances establishing or amending Planned Development l districts. 3.1.2 Property within the State Highway 190 development corridor as defined by "Development Standards for the State Highway 190 Corridor", adopted by City Council on February 18, 1986. 3.1.3 Property Included as part of a master plan for a public park facility, 3.1.4 Public school and church sites shall be exempt from all provisions of Section 6.0. 3.2 Except as otherwise provided In Section 3r1, these standards shall apply to a building site at such time as an application for a bullding permit on ' such site Is made,unless the application is ton 3.2.1 A single-family or duplex residence) 3.2.2 Restoration, within 12 months, of a building that has been damaged or drrstroyed by fire, explosion, flood, tornado, riot, act of public enemy,or accident of any kindl 3.2.3 Restoration of a bullding having a City, County, State or p national historic designation If It can be demonstrated that S compliance with these landscape and screening standards will detract from the historic or architectural significance of the 1 structure,site or existing landscaping. . I .3. SECTION 18 Page 66 j 32X10 f I A , A 1 � 111 T, 1 A O r v A 3.2.4 ExpensIon or renovation of an existing structure that does not: ( J 3,2.4.1 Increase the area of any surface parking lot an the elte by forty (40)percent or greater. 3.2.4.1.1 Where the area of any Surface parking lot on the site Is Increased by forty (40) percent or greater, compliance with Section 9.4 shall be required for the affected parking lot. 3.2.4.2 Increase any loading end related maneuvering area on the Site by twenty (20) percent or greater. 3.2.4,2.1 Where the size of arty loading and related manuvering area on the site Is Increased by twenty (20) percent or greater, compliance with Sectiord 9.1 end 9.2 shat! be required for the affected area, 3.2.4.3 Increase the size or alter the layout of any outdoor storage area on the Site. 3.2.4.3.1 Where the I8yoL2 of any outdoor storage area on the Site Is altered or Its size Increased, compliance with Section 9.3 shall be required for the affected area. f 3.2,4.4 Provide additional refuse stora the locations of existing containers on the site. or alter 3.2.4.4.1 Where additional refuse storage contalners are provided or the IOCation of existing containers is altered, compI(arsce with Section 9.5 shell be required for the iners, 3.2.5 New construction affected cont a on a developed Site which d percentage of total floor Brea of all existing Structures an the Site Indicated by the following chart: Total Floor Area Of Exlstlna Structures Percentage of Less then 20,000 ft2 Total F�rc� 20,000 to I0O,00O ft2 40% Greater than 100,000 ft2 30% 20% Such construction shall, however, comply with the requirements of Section 3.2.4. 0 4.0 A0f"HSTRAT110N ANC)PR0C 0tJFtES ZOO 4.1 The 01rector of Planning landscape plarr end for I rprere responsible for Standards, f screening and SECTION 18 Page 67 -4- � � ' 10 32XIO MONSOON • i O i a>wxie 1 _ J . � I ( 4.2 The Environmental Code Enforcement Division is responsible for enforcement of these standards. 1 4.3 A site plan showing the proposed screening and landscaping shall be submitted as follows: 4.3.1 To the Plan Commission when a Detail Development Plan is required for Planned Development zoning or at the time of preliminary platttng of single-family or duplex subdivisions, on 4.3.2 To the Building Official prior to receiving a Building Permit. 4.4 The site plans) shall be prepared by a Landscape Architect, Professional Engineer or Architect registered and licensed to practice in the State of Texas. Plans shall be prepared on a standard sire drawing sheet and contain the following Information: 4.4.1 Project title, address, name of owner, date, north arrow and scale. 4.4.2 Boundary lines of the site, physical features of the Bite, Including but not limited to buildings, other structures, par;dng areas, loading areas, refuse containment areas, outdoor storage areas, walls and fences, adjacent paving such as streets, sidewalks, and alleys, utilities end related easements,drainage courses, existing and proposed grades, and existing rees six(6) inches in diameter or larger at four and Qne-half (41) feet above the adjacent grade. I 4.4.3 The location of required screening and plant materials by type, size and quantity. 4.4,4 The location of required landscape Irrigation system. This is re quired only prior to receiving a Building Permit. 4.4.5 Site drainage information necessary to verify that 'he proposed screening and landscaping is compatible with, arA does not adversely effect, site drainage as shown on the pion required by Section 22.24 of the Garland Code of Ordinances. 4.5 Design of masonry walls greater than four (4) feet In height which are { constructed on consolidated fill and all masonry walls, regardless of height, which are constructed on unconsolidated fill shall be sealed by a P rof as d one l Engi near. 4.6 The required screening and landscaping shall be in place prior to the Issuance of a Certificate of Occupancy; or within 160 days of that date with the approval of the designated administrative outhority and posting of assurances satisfactory to the designated administrative authority that the required tandscaping and screen',ng shell be completed. Q 4.7 The City may inspect each Vita periodically after Issuance of the C Certificate of Occupancy to ensure compliance with requirements of this 11 ordinance. -5^ SECTION 18 Page 66 32 X ' 7 ® E MAIM O -scan» I , I I I . DESIGN STANDARDS: SECTIONS 5.0 . 13.0 5.0 WTHODS AND MATERIALS The following shall be accepted methods and materials for required screening and landscaping; 5.1 Screeniqht, Except where other heights are Specified within this or other sections, III required screening shall have a minimum height of six (6) feet fm the highest grade Immediately mediatel adjacent to that portion of the screen. 4 5.2 Mason_ ry Wells: 5.2.1 Shall be treated on both aides with a finish compatible with the materials, textures, and colors of the architecture of the use , being screened, { 5.2.2 Sail have no greater than ten (10) percent of their surface ! composed of openings c: of non-maSOnr area II wrought iron, steel or anodized aluminum materials such as filigree panels. Wood tubing, pickets or Prohibited Products and ehaln link fencing are I es components of masonry walls, No Including spacing between narrmasonry elements opening, I sphere six (6) Inches or greater in diameter to elements, allow a 5.2.3 Pass through it. uth of ethree (3} feet ltoallowedforarea re4 Possessing Ilendsca in^mum specified by Section 5s2es , Such area shall be locatedpongthe aide of the wall which faces the activity being screened. 5.2.7.1 Landscaping shall be regllred adjacent to masonry walls and Shall consist of a minimum of one small/ornamental tree for each ten (10) linear feet,or one (1) large tr,a for each thirty (30)linear feet evenly distributed ono placed no closer than twenty-five (25) feet on center. This requirement Is In Addition required landscaping. to other 5.2.4 Where such masonry wall faces a street right-of-way line, a continuous reinforced concrete mow edge width of twelve (12) Inches shall be irbt ePossessing don ide edfa Ant to the street right•of•way, Such mow edge shall meet compression strength as required by Section edge a the Uniform Building Code as adopted by the City of GarI@rd, Mow edges shal reinl force have a' miNmum thlcimess of four (4) Inches and shall be d with a minlmurn of two (2} steel reinforcing bars 0 three-eighths (318) Inches In diameter, running continuously S through such mow edge, ssY t SECTION 18 Page 69 .6, f 'j sales - - - - -- Y , r ® I , Q ! r ( 5.2.4.1 Where masonry wails are used to screen the rear and sides of residential lots In conformance with Section 10.0, sldswa,la shall be placed contiguously with such wall in fulfillment of the requirements of this section or they shall be placed such that no point along the sidewalk Is closer then three (3) feet to the mow edge required by Section 5.2.4. i 5.3 Earthen Bermar 5.3.1 Shell have a maximum aide slope of three feet to one foot (3:1). 5.3.2 Shall be entirely vegetated with lawn grass or groundcover within two (2) years of the date of planting. 5.4 Live ScreenlnQ! 5.4.1 Shall consist of a hedgeraw of evergreen shrubs which will normally grow to or exceed the minimum height specified In this section. A. minimum three (3) foot wide bed shall be provided for the planting of such shrubs. 5.4.2 Sha11 be contained within the slte being screened by a chain link or wrought Iron fence possessing a minimum continuous height of five (5) feet. 5.4.2.1 Where such chain link or wrought Iron fence abuts or is within throe (3) feet of a street right-of-way line as measured from the face of the fence, a continuous reinforced concrete mow edge ahoil be InstaL'ed in such a manner as to both project twelve (12) Inches toward the street .fight-of-way as measured from the exterior of the fence post line and project a minimum of two (2) Inches toward the Bite being screened as measured from the Interior fence post line. The minimum width of the mow edge shall be sufficient to accomodate required projections end the installation of the fence. Construction standards shall meet the requirements specified inSectlon 5.2.4. 5.4.2.2 A chain link or wrought Iron fence shall not be required • where live screening is used to f:rill the requirements of Section 9.0. GRAPI-0C 5.5 Where evergreen shrubs are used to fulfill the requirements of Sections 5.4 and 5.6, the frequency of plantings shall accomplish the • formation of a solid viswl screen within three (3) years of the date of • • planting. The spacing of such shrubs shall not exceed thirty-six (36) Inches on center. -7. SECTION 19 Page 70 -- 25 ir3 32XI ❑. , • , 4 ` 5.5.1 Where It can be demonstrated that the plant variety amplo ed will form a solid Visual Screen with spacing greater than thIoye six (36) Inches on c inter, the Dir;: • of Planning may vary the requirement In Section S.5 to allow for greater distances between plantincp. . 5.6 Allowed CombInatlans. 541 A combination of evergreen shrubs et least thirty-e), ,7 1n helght, and earthen berms may be used to cc.mpiahh he required screening et.)",. The berms shall have an Ilsh the helght of three (3) 5.6.2 combination of a masonry walls with required landscaping and earthen berms may be used to accomplish the required acreening helght. , 5.7 Plant Llsti This list specifies Acceptable trees to meet mlrumum tree planting nequlrements and acceptable evergreen shrubs to meet screening requirements for sl x (6) foot high screens. Additional ron.required trees and shrubs rued on a site may be other then those listed herein. 5.71. Large_ Trees Acceptable large trees, Is apecifled herein, shell be 4 three (7)Inches In caliper at tir-e of planting, at least Red Oak (Qoercus s"Ardl) Live Oak (Quercus virglnlena) Cedar Elrn (Ulmuscrassifolle) Pecan (Cary& illlnoenals) Sweetgum (Llquldomber styraciflue) Me9noila (Magnallagrandiflora) t3eid Cypress (Taxodium distichwm) • Burt Oak (Quercus macrocarpa) { ChunkspinOak (Quercusmuehlenbergl) { Southern Red Oak (Quercus falcate) • Texas Red Oak • • (Quercus texana) SECTION 18 Page 71 .8. 32XIO f e , y � y • e t' J L ,J'It 1 11 i n 1 f American Eon (Ulmta americana) Chinese Eim (Utmus parvifolla) (Note: The Siberian Elm (Ulmue pumilla) 1s often confused with the true Chinese EM,but 11 not recommended) Green Ash (Fraxlnus pennsylvanta var. Lanceolate) White Ash (Fraxim:n americans) Chinese Pistache (Pisticls chtnenets) Texas Plateche (Pisticie texane) Chinese Tallowtres (Septum sebiferum) Ginkgo (Ginkgo bilobe) American Plane- Tree (Sycamore) (Plantanus occidentelis) 5.7.2 Small er/Omem ental Trees Acceptable small/ornamental trees, as specified herein, &hall be at least eight (6)feet In height at time of planting. Crape Myrtle (Legerstrosmia Indies) Yaupon Holly (Ilex vomltoria) Bradford Pear (Pyres calleryana) Red Cedar (JLniperua virglnlana) Crabapple (Halos floribunda) �1 Redbud (Cercle conedenals) A TexasSophora (Sophoraafflnls) Golden Rain Tree 0<oelreuterla penlculats) Dogwood (Comus florlde) i .i Mexican Plum (Pnnus mexicana) v ' $.7.7 Evergreen Shrub �.. ( Acceptable evergreen shrubs for six (6)foot high screens, as �l specified herein,shall be It least tNrty-six (36) Inches In height •9• SECTION 18 Page 72 A Id- -- �� �� 1�. � ❑ I 32xI � , asaeres r , 0 at time of planting and meet or exceed required screening heights and density within three (3) years of the date of planting. Red Cedar (Junlperus vlrginiana) Fraser'SPhotEnia (Photinla freseri) k Nellie R. Stevens E Holly (flex "Nellie R. Stevens') Burford Holly (flex cOmuta "Burfordip) 1Vaxleaf Ligustr�gn 'Llgustrum japonicum) JapaneseLigustrum (Llgustrum lucidum) Eleegnus (Eleagnue ebbing])or (Efeagnus angustifolla) 5.8 Automatic Irrigation shall be required and in piece at the time of Installation of all requlred landec requited and Ilya In place 6 0 SCREENING AND LANDSCAPING C1F NON-RESIDENrLAL YARDS FRO RESIM�--DEfYT'�—p T CTS • 6.1 Side and Rear Yards: ) 4 6.1.1 Side and rear yards of non-residential uses adjacent to residential districts and not separated from the district by a street right-of-way shall be screened In accordance with Section 5.00 unless such yard contains sit@ features requiring screening as Specified In Section 9.0, 6.1.1.1 Ali such screening shall be Installed along the entire Property line adjacent to the residential district boundary. 6.1.2 Side and rear yards of non-residential LOSS adjacent to residential districts which ere separated from the district by a street right-or-way shall be subject to the pro visions of Sections 7.0 and 9.0. 7.0 SC REEN1NG AND LA"XCAppNG OF �•�SIDEW AIL Y • 7.1 Ali Yards: A minimum ten (10) foot wide landscape buffer shalt be . adjacent to ell street rights-of-way and Shall be maintWnedldas p permanent green space- Drives, alleys and ddewalb shall not be contained within the required buffer buffer to provide access to the Site. except that they may cross the E SECTION 18 Page 73 .l0, 32XIII I i ( 7.1.1 One (1) large tree or three (3) small/ornamental trees, varieties as specified in Section 5.71 shall be provided for each five hundred (500) square feet (or any fraction thereof) of landscape buffer, and shall be planted within the landscape buffer. , 7.1.2 No screening or fencing other than earthen berms may be located within the required landscape buffer unless otherwise epecifled herein. 7.1.3 Where a pedestrian easement is respired in accordance with Section 4.1,2 of the 'rrraffic Management Standards;' such easement shall be ellovred to overlap the landscape buffer provided that a total width of ten (10) feet of permanent, irrigated green space is provided between the property line and the placement of site features including, but not limited to, buildings, parking areas, loading and maneuvering areas and outdoor storage. The ten (10) foot width may be divided Into two segments to allow for sidewalk placement. In no case hov,ever, shall the width of either segment be less than three (3i feet, nor the total width of both segments be less than ten (10) feet, not Including the width of the sidewalk. 7.1.4 If the area contained within the required landscape buffe6)on a site, excluding sidewalks, crossing drives and alleys, exceeds fifteen (15) percent of the total area of the site,a screening and landscape plan may be submitted to the Director of Planning under the provisions bf Section 13.0, AIternative Compliance. 7.2 Side and Rear Yardsi Where the side or rear yard of a non-residential use contains no site feature requiring screen;-,g as specified in Section 9.0, no further screening shall be required in addition to the ten (10) foot landscape buffer required by Section 7.1. 6.0 SCREENING AND LANDSCAPING OF MU.TIFAMLY RESIDENTIAL USES F FROM SINGLE ML ESI RDE D DWRICTS 8.1 Side and rear yards of multifamily residential uses adjacent to single-family residential end duplex districts shall be screened In accordance withSectlon 5.0. 9.0 SCREENING AND LANDSCAPING OF SITE FEATURES This section shall not waive the requirements of Section 5.0, 6.0, 7.0 and 8.0. Where a conflict exists between this and Sections 5.0, 6.0, 7.0 and 8.0, the more restrictive shall apply. t SECTION 18 Page 74 2'i K10 32XIO . I 9.1 He_ avv y cle Losdino Areasr (, Shalt be screened from Type A, $, C, & D thoroughfares as desi the City of Garland Thoroughfare Plan and adjacent residential district, , where required by the following provisions, i 4.1.I Where the yard containing the loading area Is adjacent to a tM tough'ere and the loading dock ap•-ings are so positioned as to be within forty-five (45) degrees of being parallel to a thoroughfare, screening for the loading area shalt meet the following requirements: 9,1.L1 Screening shall meet In addition, requirements of Section 5.0. , one large tree shall be planted and evenly distributed for each thirty (30) linear feet comprisin tha oldie of the loading area within forty-five (453 degrees of being parallel to the thoroughfare. Where the planting of tress is required under $creating options u Section 5r those this provision shall be used In � substitution for those requirements. Where the planting landscap of sees In a landscape buffer is required and such e buffer Is contlgueiy with the loa such trees as requlred by this s ding Brea, ection ay di and evenly distributed in the m planted landscape buffer In fulfillment of these requirements and those of Section ' 7.0. on { 9.1.1,2 Such screening (excluding required trees when pieced within the landscape buffer) $hall be located a distance not greater than ten (10) feet from the pavement edge Of the loading area. GRAPHIC 9.1.2 Where the loading area is located on property adjacent to a thoroughfare and the loading dock openings are poaItioned such that they are not within forty-five (45) degrees of being parallel to a thoroughfare, screening of the loading area $ball consist of wing we is, evergreen shrubs, earthen berms, or a combination thereof, and in conjunction with one (1) large tree or two (2) small/ornamental trees per thirty (30) linear feet of the required • screening, view of the Such materials $hall be placed so as to Screen the loading area from an angle of ninety (90) degrees in relation to the thoroughfare. 9,1.2,1 � Such screening shall have a minimum height of eight (a) feet. Where evergreen Shrubs are used to meet this requlrement, they shall have a minimum height of • thirty-six (36) Inches at time of planting end $hall meet • - or exceed the required height within three (3i yea,I of the time of planting. The spacing of Such Shrubbe.y $3Il otherwise be subject to the provisions of Sectlor { SECTION IS Page 7S •12. - - � ' A 9.1.2.2 The minimum length of the screen, beginning at the building wall containing the loading dock openings,shall be six (6) feet less than the distance from this wall to the interior line of the driveway or fifty (50) feet, whichever Is less. GRAPHIC 9.1.3 Screening of loading areas adjacent to residential districts shall meet the following requirements- 9.1.3.1 Where loading areas are contained within a aide or rear yard adjacent to a residential district and such yard is not separated from the district by a street right-of- way, screening shall meet the requirements of Section 5.0. In addition, one (1) large tree shall be planted and evenly distributed for each thirty (30) linear feet of property line adjacent to the residential district. Where the planting of trees Is required under the screening options of Section 5.2.3, this provision shall be used In substitution for those requirements. 9.1.3.2 Where loading areas are contained within a yard adjacent to a residential dlatrict, and such yard Is separated from the district by a street right-of-way (regardless of thoroughfare type), the loading area shall be screened In accordance with Section 9.1.1. 9.1.4 Where the Director of Planning determines that setback or topographical features accomplish the Intent of this section, the Director may lower or waive requirements. However, In no case may the requirements of Section 6.0 be lowered or waived. 9.2 Light Vehicle Loading Areas: 9.2.1 Shall be subject to the requirements of Section 9.1 with the following exceptions: 9.2,1.1 The planting of large trees as required In Section 9.1.1.10811 not be required In addition to the provisions of Section 5.0. i 9.2.1.2 The placement of screening as required by Sections 9.1.2 shall not be required. 9.3 Non-Residential Outdoor Storage Arean Where outdoor storage areas are located within a yard which Is adjacent to a residential district or public street, screening of such storage areas 0 shall meet the requirements of Section 5A, except that the planting of trees as required in Section 5.2.3.1 shall not be required. SECTION 10 P/ge 76 -13. 25 x ILA 32x10 9.4 Non-Residential And Multi-Famll Resldentia! Surface Parkin Areasr 9,4.1 A minimum of five S londeca ed, (3) percent of the total parking area shall be P Such of shall be distributed within the Parking area, occurring within medians, Islands, or Peninsulas. 9.4.1.I One (1) large tree or three (3) small/omamental trees shall be provided for each ten (10) parking spaces and Is shall one s hundred (00) feet from Parking apace tree, required 9.4.1.2 AA such landscape areas shall be protected by concrete curbing or other acceptable devices which vehicular access to these areas. prohibit 9.4.1,3 Bumper overhang shall not be Included as pert of required lsncbcaping, 9.4.1.4 A Permeable area no leas then four (4) feet by four (4) feet shall be provided surrounding each tree located In a surface parking area. 9.4.2 Parking areas other than those described for heavy vehicles shall i be screened from public streets and adjacent residential districts, Screening shalt consist of one or a combination of the following alternatives, in each case, screening shall have a cantinuote mlNmum helght of twentyfeur (24) Inches above the top of the adjacent parking area curb. 9.4.2,1 Masonry walls 9.4.2.2 Landscaped earthen berms 9.4.2.3 Evergreen shrubs 9.4.2.4 Any combination of the above 9.4.2.5 Landscaping Installed Section 9.4,2 shall be meet the requirements of be In addition to any landscaping Installed to meet the requirements of Section 9.4.1. 9.4,2.6 Where 01oPe, grade differential, or setback between In ekit gofr this section,then OIroPerti of accompli h the wr1 ve ra qui remente. 9.5 Non_Ftesldentlel And Multi-Famll Refuse Stora_ A��t � O • Re/use storage containers shall be screened from adJecant reeldential districts. Where they are not enUpeulyl,creened tram screened chi by meeting el +es by the constructionrot miaaariry willsali be nd { An SECTICN 16 Page 77 •14- : , � 4 32 I � 0 ,l / opening shall be provided on the fourth side for access by refuse l collectors. �lowever, the opening shall be aituated so thaat the conteilner Is not vlslbie at an angle grea er than lortyfive 45) degrees from adjacent public streets. Such openings shat have a minimum width of twelve (12) feet to eccomodate refuse collectlon. 10.0 SCREENING AND LANDSCAPNG OF SAIGLE AMLY { 10.1 Where subdivisions ar platted so that the rear or side yards of single-family or duplex lots are adjacent to a Tyype A B, C or D thoroughfare (as designated on the City of Gerrard Thoroughfare Plan) or are separated from a thoroughfare by an alley, screening shat be provided in compliance with all provisions of Section 5.0 with exception of the following: 10.1.1 The three (3) foot landscape area and trees adjacent to masonry wells as provided In Section 5.2.3shat not be required. 10.1.2 The five (5) foot chain link or wrought Iron fence in addition to evergreen shrubs as provided In Section 5,4 shall not be rewired. 10.13 Where earthen berms ere employed, easements in addition to pedestrian easements may be required when the berm Is not contained within existing right•of-wayor easement. 10.2 Where masonry wells as provided In Section 5.2 are employed to screen / ! residential subdivisions, the developer shall ensure the perpetual maintenance of such screening walls throigh one of the following methods: 10,2.1 Where maintenance of common areas Is required in addition to maintenance of required screening, the developer shall form a Homeowner's Association responsible for maintenance of the screening as required in Section 1Q0. The Homeowner's Association shall be approved by the City Attorney and the Director of Planning. The Homeowner's Association shall Include in the bylaws a provision allowing the City to assess the Homeowner's Association for maintenance in the event the Homeowner's Association defaults. A maintenance bond shall be provided by the developer Issued to the Horneowrier's Associatlon for a period of two (2) years. The maintenance bond shall be In the amount of fifty (50) percent of the total cost of Initinl construction of the screening. The establishment of the Homeowners' Association and provision of the maintenance bond shall occur prior to acceptance of the subdivision by the City. 10.2.2 Where no other common areas exist, the developer shall have the fotoNdng maintenance options for masonry watt � Q � 10.2.2.1 Form a Homeowner's Association to maintain the C required screening. The Homeowners Association shall %sue be approved by the City Attorney and the Director of -15• SECTION 18 Page 18 i 32XIEl t xsa�wis Planning. he Homeowner's 9 [On all a association shall Include In the bylaws a Associon allowing the City to sasess the Homeowner's is Asso on for maintenance in .`e event the Homeowners Association defaults, A maintenance bond shatl be provided by the developer issued to the Homeowner's Association for a period of two (2) years. The maintenance bond shall be In the amount of fifty (Sb) percent of the total cost of Initial construction of the screening. The establishment of the Homeowner's Association and pmvlalon of tie maintenance bond shall occur prior to acceptance of the subdivision by the City, 10.2.2,2 The City of Garland shall maintain the required screenng. A maintenance bond shall be provided by the developer Issued to the City of Grrlend for a period of two (2) years. The maintenance bond shall be in the amount of fifty (50) percent of the total cost of Initial construction of the screening. The developer ehaL lso pay twenty (20) percent of the total cost of lrsltaial construction to be placed In the City screening maintenaNe account. Both the bond Garland assess+nent shall be paid prior to acceptance of the subdivision by the City, 10,7 Where live screening or earthen berms as provided in Sections 5.3 and 5.4 are employed to screen res[denUal subdivisions, the developer shall ensure the perpetual maintenance of such live screening or earthen berms by forming a Homeowne>•s Associstion. The Homeowner's Association shell be approved by the City Attorney and the Director of Planning The Homeowner's AssoclItIon shall Include in the bylaws f maintenance ceoin t the City to assess the Homeowner's Association for maintenance b the event the Homeowners Association defaults, A maintenance bond shall o provided by the developer Issued to the Homeowner's Association for a period of two (2) years, The maintenance bond shall t in the amount of fifty (50) percent of the total cost of Initial construction of the screening. The establishment of the Homeowner's Association and provision of the rnatntenance bond shall occur prior to acceptance of tale subdivision by the City, 10.4 If residential develo development is permitted but 18 not expected dto be district e ominant land use, screening may be provided at the discretion of the residential developer, but not as a requirement of the Adjoining non residential use, Such screening shell be Installed In accordance with the provisions of Section 10.0. SECTION 18 Page 79 .16. 7 x 10 32XIO o 0 11.0 PRESERVATION OF EXISTING TREES AND NATLRAL LANDSCAPE I Preservation of existing tree: and natural landscape features shall be 1 encouraged. 11.1 When the location of exlsting trees Ina healthy and growing condition or significant natural landscape features Impedes strict compliance with { the standards set forth herein, then the submittal of an alternative landscape and screening plan which incorporates such existing features Into the overal! site design is encouraged. 11.2 Existing trees may be used to fulfill tree planting requirements if such trees are in a healthy and growing condition and if they are Included on the Plant List set forth in Section 5.7. The Director of Planning may approve exl:ting trees which are not Included on the Plant List as part of the landscape and screening plan upon determining that the tree is of an appropriate sizt and variety. 11.3 Existing trees ust4 to fulfill tree planting requlrements shall be 1 protected by barricades or other acceptable methods during site preparation and const•uctlon to provide an area having one foot of radius for each one (1) Inch of caliper, measured at four and one-half (4j) feet above the ground. 11.3.1 A minimum of seventy-five (75) percent of the protected area r shall be maintained as a permanent permeable fendacape area at grades existing prior to site development. 12.0 V1SBUTY Where rigid enforcement of these landscaping end screening standards creates a conflict with the provisions of Chapter 21 or other blind corner regulations. the blind comer regulation shall take precedence and the landscaping and screenino standards shall be reduced to the extent necessary to alleviate the conflict. 13.0 ALTERNATIVE COWL1ANCE i'ihem un!gje natural features such es golf characteristic, topography, geoi 4cal characteristles, water features, and significant vegetstlor4 or pec .llarly-shaped bullding sites; or location of existing structures and other built features on the site inhibit creative site design or pose unnecesaary constraints to appropriate development as a result of strict oompiisnee with the requirements set forth herein, the Director of Planning may approve on alternative landscape and screening plan upon determining that such plan rreets the intent of these standards and meets or exceeds a plan In strict compliance. Prior to submitting an alternative plan under this section, the applicant shall secure the written approval of the Director. 9 O SECTION IS Page 80 .17. -- ���,r., y4 7h .I 32x ❑ s xarocsii �' .ar r i r� xxxctw `, 14.0 WIRrENIANCE r { I4.1 _Masonry_ y ajls,C Link and Ilro ht Iron Fen ua cass r' All masonry walls, chain sink and wrong ? e and maintained In eon►ormance with Chapter 8 (Fe ce,)of shall Code of rdi na of O ices of the City of Garland and the Uniform 8:11ding Code es adop,_d by the City of Garland. 14,2 Land`scapinar r The owner, tenant, and their respective agents, if any, shall Jointly and severally be responsible for the maintenance of all landscaping, This shall Include, but not be limited to, pruning, fertilizing, watering, mowing, weeding, and other such activities necessary to the proper maintenance c oath on ig landscaping, No plant material shall be allowed to encroach on Nghts-of-way and easements to the extent that allowed v1siOn or vehicular traffic le Impeded. Automatic Irrigation facilities for watering squired plant materials shall be required and In place at time Of planting, and shall be maintained In proper Landscaped areas shall be kept free of trash, Iltter�weeQ9 condition, such materiels that are not a part of the landsceping. All plant r aterial for shall s aisoni of the year. All plant materialtlwhich is dies shall be PPropNate replaced with plant materiel of required variety and size, within thirty (3 t) days written notice by the Chy of Garland. This time period may be { extended if weather conditions Inhiblt Installation of new plebe materials. nt 14.3 Niow E dges t The structural integrity of concrete mow edges $hall be maintained. Maintenance shall be provided by the owner of the screened. Where mow edges are installed on City right-Of-way property being edge shall be maintalned by the owner of the Property y way the mow unless such maintenance has been accepted byth CiybOfnGarland es specified elsewhere In this sectlon, 1 15.0 APPEALS 15.1 The shall orders requirements c r andicie PPals which alleeo i la determination g Director Of Planning or the Building Official enforcement of these standards. In the Interpretation and 15.2 Wien the Plan Commission denies an appeal, a hearing before the City Council shall be get only when an appeal is filed by the epplicent with 1 the City Manager within fifteen (15)days of the date of denial, 0 Pl an 03 SECTION 18 Page Bl 32 X -le. s i i � h ,r t rrd r � r E• n ILLUSTMIONs i The following illustrations act as a guide for possible solutions to the preceding minimum standards. other solutions may be possible and it is not the intent of these illustrations to limit or otherwise hiaer creative site design. i � I i� I ri 1 • ` � 0 S r' a " 'gyp sil 14 SECTION 18 Page 62 ( 14 n 2 r L r' O i F < ! lNr6RloR ?V-p-.0 f Llu Ng I k�Y "fir �eof'rh9 Screen wall with sidewalk adjacent Section MAstnry 4(rem in� WA 11 Piibiio (enort46 Mow yid,✓wA1k -� Ed9a � 4FT"d1M?%"104141/p d"ill �df//lui� glr"Dil nii Screen wall with sidewalk and mow edge -Section 5.2A.1 M grj *;.tOmi W411 • Cone 4 Mcw LOrr l N�8R191� y�`jt—a: Teen wall with mow edge ctlon 8,2,4 SECTION 18 Page 83 2C 2 ti 32x ❑ 0 ' I 2- 'a'p"¢ fteborrh ��f: Gon eld 4v Mow edge detail 8ectlon 6.2.4 3�d \ St. �l 0A op 7owanfy ts. 2 g' N100 rpwfdv sfrot' 6iwfiuA 88D yl • OP t- l NrEFloa � , � o �� titre of yl��T Live screening contained within chain link fence section 6.4.2 21 SECTION 18 Page 84 Y . ,., 37xlQ L . I i �Lr'Ya ave rew By AYG. 3� height bGr►1� Combination berm and live evergreen screen Section r'' MAhohri� �✓�rC6hjr� { o sti jotL 11 V\ Md. 3'h 9h berm Combination berm and screening wall • Section 6,8.2 � � o � SECTION 18 Page JS 22 affix f 32xId 1 • A 0 ve CA A p IA* D Z Atm per OrWhn n&r I O . a til,�11 i t. 111 �' ' ' . ��• 1 rrr r t •� � Landscape buffer Section 7.1 h TIT i 2� �^Ix'' ovCrlun3 � 1 1 1 • 6 Lr�f •Fcr !{vc hcran 1111 { 111 1 1 11 I O r'r t �' Nini+nH►►1 A'PM <ilrAtA0.W. Combination pedestrian easement and tandsoepe buffer • o • Seaton T.4.3 23 SECTION 18 Page 86 i '''",� s, r� 32 X Q Y r ingKqf 1 I Y ! ay��. SS• /Iv4 Doc K S 0 \ / N4 A It SA vW 7ru�C��++, NIrGt, fHe ,Q TTyPe, A, f3; G .r 4 ,thorot�9h•�i�G Heavy vehicle loading area adjacent to public street Section 8.1.1 L0AD1N0 di h A F A ?� o� cquirO a Qc�c�n�n9 op Nwlro va# 1'1\�fgra A, 0, G or D ThorotdAh�4ro •.! .• .r, % • • ,r •r • • • ,•. , ., . r, .• n • • •,r Heavy vehicle loading area ad)aoent to publio street Sectlon 0.1.2 24 SECTION 18 PagF j I �] 32xIC1 I 1 1 'I 10AV IN y L 1 tOAPIN `} 4 , QbA �+REA r I Y A ron ,truck o I n IZL ( A ►7 rriULTI Pty-no6K GJI aC���°�7oGK Definition of loading area 8eotfona 6.1 end 9.2 I MINIM APROtV SPACE RE UIREI,lEA1T 4 Len,thot Tnetor• R'1Qtih et Apron railer Berth Spue —..�� Re Irett s! 10 J2 y� 11 or more • 10 12 42 14 or more 42 4S 12 37 k` 14 1 sp 11 or more sy SECTION 18 Page 88 26 2 � x 10 32x ❑ 1 1� • O i t'WO. born or ovcrha+rg pp} Allowa01, ay lbeoo arwv mi : for lomlveA rei Kirew& t. KGay�r�d. fi'res� at Rfio of'1 large frallo ofoe& S � �` Rcquirtd �b<r�Hir� btd. Wip M;n1 la doofed Ana Landscaping of non-residential and multi-family parking areas Section 9.4 \ t 1 rea, 9 aY6 �9 S Bumper overhang detall Section 9.4.1.3 26 SECTION 18 Page 89 32x ❑ r ,: •`: '` ' .:. dr . .. �'.:;r 5 ';'f ' r 1 i i K E s 1vjENIlAt ! f t h7R 1 G7 I 9 G y�rt�rt B u t•p l N _I '—oHrveoR (non•re*l&fi,��f 0@r0 ILA A6-� RcgHirr�t b' yira<.h , Pu 8G1 � y7l2E Screening of non -reafdentiaf outdoor storage area Section 8.3 �MA�ioHry fcruyi� 6' �� I r crooning of non-resfdentlef and multi-family refuse etora ' foliofcuo g;s" Qe area � 27 SECTION 18 Page 40 3 x1 ❑ i . t mara� b i P.6' �rdt4tria n I �iP�y w na vine ticrcCnrn1 tame ' i V S •a e , AI'C '�e ?ro�crt li�c Pyu�bl`w 4' h cce jk T fyl h 9 r D ' ricrfrxN MIn. arra , r . r c r�rd �r� 1p"I CZ��� wRJkP�u,ntM, 2.5' hnOfff varim n��y ycrunin� w�q � V . � t Alit • tie run�K o� iJN er e• un r ey . 8ldewalk placement options adjacent to slnple•tamlly subdlvlslon e_creenlnp 8aotlan 10 SECTION 18 Page 91 Z8 x10 32 x1 ❑ t 1 �U�nr Vlh iaN Y PV tit's • ro�crfi9 l�h� --�-- � � �B�yllY.cSi �iGYIG`j%jt9 Cylyft � e, __ . •G �NbIi { - titre c t R, o. ,w. Sfdewafk placement area and soreenfng easement area adjacent to aingle•family and duplex sub divfefone section 10 29 SECTION 18 Page 92 10 32XI .Ay 1 „ i , r '0 ' esesero . Chapter 33A LANDSCAPE AND SE'I'EACK& ( A+tide L la Oenaral J 13A4. Boa-kg W=tL i 33A•S.l. Paalp,eo.d+a+=jekt�3on+• Ankle U. Bstbum , ! 33A•2 TUM ba a 6wb required. I UA-3 Forty 9,a aotbark required. 1 i7A•41 T osb.e.etoot eem.rt armt. 1 33A•5 parklap I W.G. Cee7liea with Beim adlasnoss i 33A-7. ts6daa Lmldin6b. i ArUcU IM UbdeatPl+f Rb4r'1r*d 12dA•6, Lisd+tspe am sombl I AM drisaud LikotVaIdOse I13A3, Oeaaiti"A. ISA•10. Lasdocape du robmital preoau I13A.11. Applka6Jity 113A-12 MAW of Mind&tias. I3AA-13. Lsedu+podmloperAMMUru-049"7 1 33A-11 Sanw--Fs,l4 W. 133A-15. Prwvidosdrsutiyk+se 1 W-16 Pr tat"dtesdaoapea»as 113A-17. Sree credit UA•16 Arptaeeaxnt of prsarraoas trees. 81A 19. Crmur•ama dam tiln q Bouln'ardl, I UA•20, Laadrnpne u a 1WWky sasom"t 113A•21 Landomp..I is she rAtd srar etww put r L 1 UA-21 . S,&euomoot d ps 133A•23 IrActuon I33A.2{ En7oree014aL 4 33A•23. \Eaisreaaxo 4 13A•24. Apptl penis 133A•27. Seterud p14at 0st oEdlwl note,—OW No,4967,11,sdoptsd hM 1. 1969,regaled bftm CL 33A.H 13A.1-MA-23 u iu 40cm sad I I of ttu b7onoald ordiMaae {eatead new 9rb+1a6u u H SU,1—v3A•27.farm CIL 31A woo embpro d onN rrlad Oar cad denoed 6•oro an 1011o+i84Itewstiee n No. Ord Nd, Ott No. Ott Ne. 431 G 100 Ord eft 1 1096 {2111 e73 830 1123 4414 138 951 1179 4477 831 1017 1616 Ord.No.4967 e7utl uke afted an Sepunt+er 1, 1966,Soorim.4Iu 91aaa VAJW IuiNiaf 9btin apprehd 9im r Strtmmtwt '�. 9.1964, %UU eat be ouk"u"urMa of Ad erdYnt)e bed dhapar r CD33A:1 0 SECTION 18 Page 93 � } 32xIO i • L r11etlY1R r �. :i. 1 F ' _�3 iara3 airy OF !RUIN. r.,xh IiEV 4 qv y77C7 rr0.E63 t LOIDBCAPR AA'h SE'MCK "77CLE f. IN G1sTl RAL (2) State F1libwaY Spur 348: i Sac• 33A•1. BuUdingpermita. (3) StateHighs,a S The buildin y Dur 482, and I g Insl,ector is hereby prohibited f4) State Higbway 161. from 1lauing any building Derma which would i0rd. No. 4967, 1 2.6.6-861 Dtftt to la provisions 111 be muftleredkvul . any See, &U-4. R1t�" f�ofool (Ord, No, 4967, 12,6-2.661 teib�dc anea a". S3A.1,1. Penalty;eootin It shall Ell unhwful for ally Peraoa.em,torPo- radon or amod,tioo d t�CvlS of lira etruct, erns or reoonuructe�ulldica, lam, Chap A violation Of ter shell be p NshfiAl by a fine noltoer tie tug or lease. widdo t.enty.6re 123) feel of: five hundred dollamg500,001. seed (1) Stat0Hi6waYWberweenIrri Drive and the gut city limos. Rt Heis(hu Each day any violation of my e & separate of thin (Ord' No. 4967, g 2, 63.861 <hapur continues .11.11 eonsGluk a af• ( Anse, Uf— & A•s Puidn{, (Ord. No, 6863, § 3,, t#-6.901 (e) It .hall be uahawrul for any pesee. 6rm, A.R71CLELI, SETBACKS toallwdo4auaiatia.ofpetsonsorethereooty within 8 pe+mrt or MCOt&A A"r{of Ray bod Sac, S3A•2. wa dear (161 reel adjacent to any righll, E, T��y fool aeloaelc reQuired, y designated by this Chapter. It ah" be unlawful for nay person,form,COrpo. (b) it shall be as ration or usodetion 5f cution under this alt)rarative ddense u p, r .trust, erect or reconstruct fxrsons W build, con. within the rellowi 6eedon if the parkIng oavrr� tures or fences thi lhirt Y buildin . alrue• n6 d04ribed area: righto6t+ey of.• Y (30) feet of the Being a 0.104 sere 9A 8 M,O.kR g Was of land.hunted is the (1) Elite Highway 14cp 12; S-k& Carter S",AtdtrW No. 1462,mad I (2) State Hiehwey 183; qty,Fhatraet Na 377,Q'ty the Of Irving, Dallas County, TeAlga, yid 0,104 nor (3) Stale Highway 114; tract of land heir{maw Danlculuty dwuiDed (4l Belt Line Road; as follows: (6) Greuw ter CocrmencLV at a sot half lneh Iron rod fauad ^ Y Road belween State Highrey for thelwtrttafinkrseetioad I4oP 12 and State Highway 183;and right o •way Noe of litcon tbt soulbeuauerly • (6) State Wghway358 betweea Sowers Road tootr'(shl-0f•wsyludeaeribedbulevatdh !DO end State 2, &S.Highway 183. "Ydume 80O18,PAP 0019,of th U DnReeordsl (Ord. No. 4967, ¢ 2, 6 6.88) of Oal(y County,7t 2" with the nh><1P Reetrl bight oG.ay fiat o(Jobo W.Carpenter PrWWAY Sec• 33A�4, Forty-foot "llbaelc IStata H"Away 114,a e,aetable tridlb rt�lrt ef• It 111811 be unlawful fish as way); • retion or aaseelatian of nuns o' build, eoo rhea.South390Kras39ta1nutra08ser�ede , • • atruct, greet or recbMtrutteenoyn uildbuile. eon• Eu4 t dlatanet of 6.96 feet to the !rues or fences within fort g'• light• kg+nNng pawl of of-way Of., forty(40) Y rhenca'Out'39 d (1) [nkrstataHi Highway Eu4 a dLtanm of jjB2 enta gOAsec�rou+ g Y 636; after, SECTION IS Page 94 CD33Ac3 Arzomw �h � � CI 32xIQ . c ` 13146-5 MVtt40 CCTV CODE ` Thence at a distance of 15.00 feet from and pa,11(el with said no,:htasteriy right-of-way parallel with the aforementioned northeasterly line, a distance of 76,10 feet to the point of right-efway line of John W. Carpenter Free beginning; why, the following: ConWnirtg a computed area of 4,835 square South 05 dsgrea 16 m)nutes 41 seconds West, feet or 0.104 acres of land. a distance of 62.79 feet to a point for corner In a (Ord. No. 4967, 12. 6,586; Ord. No. 5561, 1 1, circular turvh to the right having a central 1.5.89) angle of 07 degrees 37 minutes 27 seconds and a radial bearing and d)stanee of South 52 des gK 33q,,, t.0�with twin gadbunam "a 10 minute 67 seconds West, 195338 feet; Southeasterly with said dreulu curve to the '1e budding and parking kAhwka established right for Southeasterly arc diatanoe of 259.95 feet end a b7 this chapter 00 kaka precedeam oyez buU& sherd bearing and s a rice ' South feet 34 t ands Ing and Parking setba ka established under any chord minutes 19 seconds East,e a South feet re the toning ordinance with the es• ptioo that the aaning ordinances may eatabll s seater sethaeka end of sold curve; than nxlulrri by We &melt South 32 decrees 05 minutes 21 seconds Eut, t (Ord. No. 4967, 0 2,6-SMl distance of 100.63 feet to a point for ear. er, South 37 degrees 39 minutes 27 seconds East,a get' 31A-7, Ezistla9 baildlag& distsnceo(82.84 feet toa point for corneranthe Any existing buildings or structures whether northerly line of that certain tract of land constructed or under toomtruction, which to- described by deed retarded In Volume 82117, Bch upon the setback required by this ehaptet Page 1045, Deed Records of Dallas County, ,t of the date of passage of this chapter may Tex u; Continue u ranconformloa encroachments. How. Thence South 32 degrees 61 minutes 51 secacds ever, In the event that any such enarDwAtng West along said northerly tine a dlstanceor9.85 building or structure Is demotiahed,datrvyed at feet to a point for comet, damaged to the extent of Rayons(61)Per oval or be Thence at a distance of 6.0 feet from and mom of lu value, there such building shad cwt repaired or reoonurueled within lbe required parallel with the aforementioned northeaaterly setback mss, right-of-way line of John W. Carpenter Fret (OH. No. 4987, ; 2,65-881 way, the following: North 37 degrees 39 minutcv 27 seconds Rest, e distance of 66.46 feet ,- ,)Ent for corner, AFM LE III. 1 WDSCAPING RXQUMRD � North 32 degrees 05 minutes 21 seconds Week, e distance of 10122 feet to a poi::forcorner In Sea 33A'B. peestehed,der' a circular curve to the left having 'a antral • angle of 07 degms 48 rainutes 411 seconds and The landscape provisions of this chapter &hall a radial bearing and dlstanee of South $9 do- apply to all lots, trute end Perav Wand 641• green 48 minutes 40 seconds WeAt, 1944,38 feet; cent to the right-0f way line os the (oillooiag Northwesterly with said circular curve to the des(tneted thoroughfares and fneewsys within left for an are dletaACe of 2&1.95 feet and a the dry Iim)ts: chord bearing a,1d distvtce of North 34 degsra (1) Interstate Highway 635 fLBd.1; 04 minutes 41 seconds Wet% 263.75 feet to a S (2) SLte Highway 114 (John Carlxater> 0 • point for corur; Thence North 06 degrees 16 minutes 41 eve• (3) Stale Higbway 193(A(epert Freeway); onds East, at a distance of 5.00 feet from and (4) State Highway 358(Irving Blvd.); 1 CD33A4 SECTION 18 Page 95 WAAfff- - — -- A ,� x 32x0 Mesa ;h r ' O i 761..'4 i UNDWAft AND srrtµ" IS) te Highway Loo elStaude; P 12 (µ'Mon Walker _ t6) State Hf y 482; Phaltt parld r art form, Coate [owe c lots sha)I as be coat;de !7J Stair Hi[haay 3i8 as landscape � (8) State flfghway 161: (h) 7)ve. (9) &It L(ne fiord. (1) A woody aing,1, or multi. (t)rd. No, 4967, 0 2, JLS86J wben It Maturity M� t+unk su see. 3+1A•9. Uefi4itloa.t, ured fouz((4))feM fr m when to Far the (2) A tyre Jistad +n wards and p hrases of this chapter, the foJloWJng v PC°� by the City��+LV' 1; 4 apecl;vel aphr�+ o tht have the meanings re• t3) A trot !is �� er Y aditved to them: T� b is the 'rr" of N, (a) Front yard An o (i! 7Yre y Robert �rtnes. lot or tract foci Pen. "Oocypled$putM c'(t�n The trtx esdJptr shad he v "oes the front fa lout and ettonding mnhod in which the city will m tide Property or bast between the Ifu u?muired by the asure U, p pe line,. See Illustration 1. of an�d� eitber ")cle. 71W ea)ip (b1 ln4riarparkwa , shall ry or 4G1ti line front or efd� The greenbelt Ire' Propose. Property lines ed'arenf t o the, idiaeaek by (aj2) ( r dedicated lo or tr thoroughfare to the eus4ty grade, the lot or treat.See Illustrateion p ln[ lone lj) Srrrelxoo (e) Etter Oar parkway. The tnrJudod within an 1 Points nu *bieb may be l the dedica grYenbelt Ire' In leading from +be frnnPe+Wrtdiculer June e� led right4Gway of a thorough. Property tine m t fare or stmt between the (1) A m edge of pavement and th back of curb or sin buitdiar Property lines, a front Of side 12) A Ulle Ike to the See )Ruslrstion 3, (dl Area allot. The total from �'Sidep�n� ' e' within lot lines, square feel eantalned the facade oft 7 ate to CO that side main building't'e'at fe) Lot depth The mean distance betty main line;or 13) A tine J"Ilel to front and rear lot lines, a" the ooghfare the +itoated tNor• (A Corner Jot A lot w here the later{or further fromm1 ee edge at a btuldint tso(2)& U"ent aldett st tSe late artgle of +boo snoeber main J AR° oY i two (2) streets is lea than one�ndred "me Property, G Illuatra the thirty-five (135) degrees, A lot and 6. teons 4, b upon r curved street or .insets abutting (k) y burle(i cantlderrd a turner Ion for the pores be try or r4vU n'W etrueyurr.Aaybuild• this chapter lithe are Le of less radius torn taro With puPporta or Js u cif Purposes ofrf�unctian ►ith the eaain atrueture ane hundred Gl1y(Jb41 fat, and theta n, 8enta to the curve, at the two (2) the Main awl Ponrtlrin to thst ell whoa the lot lines mat the curve er ink ( rear of the pr{ and !s located to the "11i of I W tha"it ended, form an lnterlor No' 4867, (I 2, &S48; Ord No, t>093 1°ar'y but! (135)degrees. red th(ny.Qve E 1, ([) 14n&'Pe area. • MY trea whi ouo and es Ch Is pervi. 0 • living[anfeornementalornrt . Plant mxtenir �✓ f CD33kb SECTION 18 Page 96 10 32 j i 1, r r , � t . . C i o i n r O r 1 r C �•�SA•9 i II ; ' M { «pke" w nor v!!v <� �'/�S^F r<r\\ 3Y ti vM'��y rhi�isf:; 3" { xo•�,x,.OF i•3� gc•�'., y1pN�Tt tY 111Ht) C%"t" Ir"I IO.W. ILLUSTRATION I. �ll i llReao i � path ome tM I - st"ll COX, t ILLUSTRATION 9. CDJ41lL8 SECTION 18 Page 97 Aff- 7 ► x 3 2 x l d , , 9 , . ,.O `' r CSi07i98 !•Ifni CITY a .. I 33n•1e 1RVWG CM CODE .. Sec. 33A•2B. Appeal proceu. Sec. SSA-27. Selected plant lis4 The landscape development criteria established The developer may select trees from the follow• in this chapter is intended to set standards and Ina plant Ust for fulftlllna the mquiremenuofthis guide property owners in the Iandscape.develop• chapter. in the event the developer us" trees net ment of their property. Identifled in the selected plant Uu, the requested Thrss aundards are intended to act as a mini• u" must be submitted to parks and recreecion depdepartment mum In the overall development of land adjacent l far appraisal. f to the thoroughfare as described In this chapter. Lrupe or Moc ium 71,x8 Art forms and other monuments may be tons d• harinttm Bred,in addition to or substituted for, a portion of Met ua Silver Maple the landscape requirements, Due to the wide Carya ilUaoeeuis Peon variety and quoUty of such features, the appeal Cedrus deciders Deadors Ceday shall be considered an a ease byease basis,by the Celds occidtntaUs Hackberry i planning and zoning commission and city council Cercia canadettsls Red Bud for compatibility and enhancement of the Cmtaevs rrvercbardi Hawthorne rlreetxape area. In the event the developer wished Pralinuspennsylvanics GreenAah to deviate from Itndsupe provisions from this Frerimua usensis TeraaAth chapter due to hardships crested by tepoersphy, Gleditals trfacantbos Honey Loewt Ingrese, egress, utility lasenents, environmen• Koelnenteria paniculata Golden Raintm tally sensitive areas, or itrcetsape areas greeter UquAtmbar etyrtsdiflue' Swaetgum then twohundred thousand(200.000)squutfeet, fdagnilispudinora Southern Napo• he may make written appeal stating the caaaons us for the appeal, orifenitopesseesisu between the Horus Alba 'fruitless' fifuJberry city and the developer due to Interpretation of gnus elliotiU Slash Pine this chapter. The developer abeli notify the city anus thumberei Japanem Black stn.ff of the decision to appeal. Staff will review Pine the appeal and/or landscape plan And make a Pin acia chlnensis Chinese Pista!hio recommendation to the planning and sotung eom• plateaus occidtntalis Sycamore misaian MW planning ud zoning cacuoiasion Prunus carolini'ma Cherry Laurel review, a written recommendation on the appeal Pyt+rs callcryua Bradfard Pau shall be sent forward to City Council.The council Quercus falcate Southern Red Oti will either approve ar deny the appeal on the Qarrus macrocraps Burt Oak basis of public health,safety,welfare utd aesthet• Quereus muhlenberpi Chloquspin Oak ice of the appeal. Quercus rubra Xee%hern Pad Oak • Querw sbtunArdd Shumard Oaf An erieting landicape plan may be amended by Querm virgwana Uwe Oak Ming ouch pinn with the department of building Seli: babylardta Willow inspection The amended plan must tntet Ali the Sapindut aaponana W e s t a r n ordinance ♦equirements of an original landwspe plan. SApium "ferurn Chinese Tallow' / � . . .. � � • ICI 'I SECTION IS Page 98 10 - 32x ❑ 0 'paw" LANDSCAPE AND StMCK F+SA f R f. MIO1q It lri lira?A.O.r. ttt[tw tus<la1 r ILLUSTRATION 3. 29COwelir tu,►r,�e s ateifri rN,w } `;�;, •" r���'• .. awrwwo t0o0 t.t• LK t MV1 tog SfAttf Cv" Loo 1 SIKH rCLH AMA ffAlRf It O.M. � I ILLUSTRATION 4. SECTION IS Page 99 32 x 0 Q MD40 cm cone ■Ul1D1441 I 4UILOlY6 � C 1 � i1MLOl01p f r r t ►A[[IYO ,S i1 ��'? r RRpt�t1 iy f4[rr *later tuft [rr ! R.O.i1 IT4turCAPS aiu ILLUSTRATION S. 1 I 1011[4104 ►IR41YA �. i Arelocip[yy Kj aT"tT 4,D.M. 4�tr tAM tMa ILLUSTRATION 6. i CDJ3k8 SECTION 18 Page I00 0 i xwomsa h sssaw i L%HW Ptt:AND SEISACK Illt.lt Bea 33A•10. Landscape plan aubmltl.al pro- (h) Location and site or poinu or inimm and Celt. egress to dedicated righu4way and the , NLatiag rurh libel or paveatcnt edge; Before the Issuing of a building pennil, the f1) Cen�Una ofe3diting water eouraes,drain• I{ owner or developer will be requi»d to submit to a feature$, floodwaY ea"""t and the the building Inspection department, a landscape ne hundred (100)Year floodpha* plan cad Irrigation plan. The landscape end Irrigation plan must Illus- G) 1.ocata a tad seas with and all stmt traae the following data! streets and alleys with to the site-, of alt stmt inursedion$ adjarrat W the du; (a) Date, scale, north arrow, name of owner, (k) Vicinity trap indicating the neighborhood (b) A tree survey will he required if the devil- in which the property is located; oper elects topro$erve adsting treat on the lot.The tree survey will locate and identify (I) Location and type ohigns and cign lighting alt trees three (3) Inches or greater In lummsriw and caliper for a depth of fifty (50) per ant of Im) All utility eaactneou either eristiag or pro- the lot; posed on or adjaamt to dw site. (e) Location or existing boundary lines and (Ord, Yo. 4967, 12. &W) dimension of the tract of lot of record; (d) Topography We for entire site plan; Sea. MA-11. A"LiabilltY• (a) Iii ustrouailroqulredbuUdingsetbaa:kLined; Implementation of this chapter shall apply to (f) Illustrate the proposed itreetsape area on the following: ( the landscape plan illustrating the follow- (a) building permit oppUestion for new decal• IaF opment oo vacant late or label ediaeeat to (1) Tots1 square feet in the street_tctpe the designated tboroughfara; arm (b) swwog permiu for redevelopment or it- (2) Twenty (20) per ant of streetsupe roodeUng on lots or taod s4aaot to desig- area to be landscape tree (seal in noted thoroughfares its outlined belrw: oquere feel); t1) Grant of a toning change wntlt the (3) Location,species and site of any ts;at• e:oeptlon or 5•P-1 1R•As), after the Ing tre" to be preserved; tirstUve date of this e•pter, (4) Area of any interior parkway; i41 Cmsrmcei000rremodel,ag costa whkh (6) Area of parka ng lot,drive access or any aimed fifty 1150)pet Beet oft"value of Impervious surfaces in the Itr WAP4 the structure only. area; (3) Increase In the overall square footage (6) Site and square footage of all land' allowed by fifty(50) per teat; Icape Islands and medians in the M Increase in the Vt,es parting la arc$ streeucape are$; and by forty(40) per ttet; and (7) The proposed plenting plan Ihall illue• (3) Awicatloe of this tlaptar "I rtes trace In detail the location, quantity, apply to savdum wW Lars been mtelnee site or tree caiiperandheights damaged by an ad of Clod, Le , terns- ` eomtnon names and bot$nfcal names of does, (load,eu. s11 proposed planted mster(als in the O • slrccuespe arse. (e) Nonresidential,uses and tanlrtg diatrleu; f / (R) Designate proposed general land use for all ( 6 No.Multifamily 2,�dS86� u�• l building area; CD33AA9 SECTION 18 Page 101 e$2 x I e WIN" 0 _ 1 133A 12 OWNG Crry CODE Sec. 33A•12• Method of calculation. developer cannot establish a permanent turf, be shall be required to ■ubillre the landscape arras The measurement of the stmueape area shall to prevent erveioo. be to the mein building for calculating the land- (c) For streetscape areas less than live thou. , scope In accordance with the definition of streetseape. sand (5,000) quve fat the developer atoll ad. here to the fotlowior.. Bull dings less thin twothoueand(2,000)quare (1) One(ll tree forever)Itbree hundred seeeoty fat shall be counted as stxessary buildings, and are (075) quAm fat in the deslrnated such area shall be used In the calculation of interior parkway, and landscape requirements. (2) Three(3)tre in the remt)aingsatetacape Secondary buildings shall not be counted in the Area• calculation of the eueetscape area for the site, (d) Forsuvetseape areas greeter thin are thou. sand (6,000) square fat, the following criteria Front property tine, for purports of this chap- $hall apply: ter, shall mean the property line abutung a des• (1) Within the Interior parkway. one t )) use Ignated tharoughfare, (Ord. No. 4967. } 2. fry-86) for every are hundred or fifty parkway square feet it the avertgs interior parkway rideh , Is trey ty(20)feet or lax;one tree for west' Sec. 33A•13. Landsospe development site• seven hundred fifty 1750)square fees if the s{s—Genaeylly. avenge width Is thirty t30) feet or lead but (a) A minim ten RReen•foot interior parkway VwW than fusty(20) fees' one tree for emy one thousand (1,000) muue feet if will ba required, Although the interior parkway the avenge width of the interior parkway may be crossed by pedestrian walkways not to is greater than thirty(30)feet: and exceed four (4) feet In width and driveways u required, the balance of this parkway shall re- (2) In the svtetseape arcs outside the Interior ( , main pervious, The Interior parkway shall be parkway, one 11) tree shall be planted for counted toward fulfilling the twenty(20)per ant r+roY two thousutd seven hundred(2,400) landscape area requirement The Interior park- way quart feet• hall be kept neat,clean and unobstructed b (e) For streeuxt once Y P Y pe greater than onehuo• trash, litter, car bumper overhangs and tempo. drod thousand (100,000) quire feet, the folio.• rary or portable aignage. Bumper stops shall be ing criteria shsdl apply. required for puking spaces adjacent to the Irate• (1) Within the interior parkway, one (1) tree rior pulway. for evasy five hundred fitly 1550) quaff (b) Twenty(20)per cent ofstreetscape area will fat if the average interior parkway width be required to be maintained as permanent Lend. Ist rents(2o)feet orIt":W*tiee for&my scope area. When the percentage rtquirtments seven hundred aAy(7S0)agttan fen ifthe for the Iandseape ins in the ttreetsclpe era,in avenge width Is thirty(30) feet or lean but conjunction with the req(uremsnia of the interior Prater than twenty 120) fee►; one troe fa parkway, escteds twenty(20) per cent, the devel• story one thousand (1,000) squire fast if cper shall only be requited to provide up to a the average width of the Interior parkway masintum of twenty-five (25) per tent landscapt is rrtster than thirty t30)feet; and area In the total stralscape area. The landscape (2) In the$treataape area outside the Interior area must support either a permanent turf,asound parkway, one 11) tree sha11 be planted for cover, seasonal color or shrubs. Due to seasonal every air thousand(6,000)o4usur feet plus eonslderations, If the developer cannot tstabl{sha twenty-one 421)um, t0 permanent turf, ground cover, seuena' color our (Ord. No. 4957, 12, 6-6M., Ord. No. 6096, } 2, O t shrubs. Due to seasonal considentiors, If the 3•S921 9•� CD33Ar 10 SECTION 18 Page 102 I {i i 4 IAN06CAAE AND SETMCt a iaA•tT 1� ' I Sec. 33-14. Same—Parlcinrlots. (2) The ayes belay the dripline shat) re- (e) My required tree shall be planted Ina main and stwWl either by cutting or li landscape sea of no less than sixty(801 square filling in the devclepaseet peeress feet with the narrowest dimension of landscape (3) The developerfowner shall not put an area being live (5) feet wids. impervious m*WW under the drtpline, Permeable psvm will be oon"red (b) No landscape area in the Weetsospe area as impervious materials; and shall be Rua than three(3)feet In t:!dth. (4) The drvebpWmmershaUconlyreoeive (e) one of the following criteria it required: * madmum of fifty 1501 per seat credit towards the overalt landscape are*and (t) No parkins spoee shall be located further tree requirements. than eighty(801 feet kom the trunk of any lord. No. 4967, a 2, 6286) tree in the streetscape area,or (2) The required landscape area and number S m 3SA-M Protection of landscape areas, of trees may be aggregated or 'clustered' The developer shall protect all laadsespe areas j Into areas within the remainlnsstreetadpe with a 94161 inch tnonaUthic curb. Whendevrl• area.Thisaggmiteda:clusteredelfactfor opment occurs adjacent to an unimpewed thor• landscape sea Is separate and indepen• oughfare, tboroughfares Ruled in Ilia capita) Im• dent of the landscape area rKu(fement provementa proomms or future boed programs, within the interior parkway. However, in the developer shall build the monolithle nub to no ass shall the landsape area W aggre• the right-or-way tine adjacent to the thorough gat9d or'clustered'in an area grater than fare. fifty (50) per cent of the remaining land- (Ord. No. 4967, 4 2,65.881 scape area to be distributed throughout the streetscape area. See. 35-17. Tree cabdll. (d) Tms planted in the streetacepe ths)I be a Thedevelop*downer will retainceditforpars• minimum of three (3) inches in caliper.The soli• eeostion of existing trees as outlined In the &I. per of the required trees mm%t be a minimum of lowing schedule: three(Vritheswhen meaittreu twtive(12)ynches from the bate of the trunk or the top of the ball. 8xisltng Thrrs Doe Cmda (Ord. No. 4967.4 2, 6.2.861 1 tm, 3' to 6' In caliper 1 See. 9SA•16. Pretervation of a proH, 1 tree, 61 to 9' in tali Wiper 2 �� 1 free, 9 to 12' Iq caliper 3 The developer/owner shall receive credit to- 1 tree, 12' to IS'(n Wiper 5 wards the landscape are9 requirement based on In order to preserve existing trees which will O the following criteria: impact the site, the developer slrsll only native (a) The developer shall receive eredit for 1.25 tree credit for presemdon of the trees fisted times the area directly below the dripline below: on the existing trees, I.e., five hundred pew (600) square feet of landscape area below thedripline shall recelveslx hundred twen• Cedar Elm • ty.flvs (625) square feet of landscape arts. Post Oak In order to receive the area ersdit, the O • developer must adhere to the fallowing Red Oak criteria; IJve Oak (I) Theasjttingtreesshallbeinahealthy, l Ogorcut gToVins condition; Whit* Oak CD33ti Il SECT?ON 18 Page 103 i d N > 0 C] '3 2 x Q , r • I 3 0 i i 1 31 t) tRVWOMYCODs Burr Oak Nsckberry 12) one t1)tree for every twenly.fiw t28) t feel of front.& hail be planted in the Water Oak Interior parkway, 101 Tbnw O)trees &hall be planted in to r Chinquapin Oak remaining 'tretsape arse: and Hickory (4) t4mh tree In the suwLseape aura tthsll be p(artted in a minemuD Iandsea Mesquite I8 Inches or era of Rfy(50) squarr rose with theme trunk) grater In caliper, single moat narrow dimenaien of the Red Bud land. ecape area heing Ova 46) feet_(Ord. No. 4967, 2, 6.2.86) (b) For sueetacape areas eo fata �e Rhouand(3,1001 eathe developer er 3e0, 33A•l8, m thall adhere to the f oiov of Rreeervation 11) A ten t101 foot interior tree& be roaintaloed as mgA#A y mwt ape Pertosnent land• the handacape p an die ec anAme preservation fter approval (2) �11) trse for every twenl . ofthelandsca Ca!offro& YRvet23) ocrupaney, th�wneroshall rap ce thertree with of tags shall be planted in the interfar parkway; the equivalent species or a trse which will obtain (31 One;t)tree for the Same height, spread and ^'try sit hundred filly ties. The replacement tree shall( behtr• ''teris• tt680) squan Pert in the designated inches in caliper and installed as directed by th3)) interior padmay areR however, if the I chapter, Failure to make the"Placements Within eroas aKtlen�°'tn�On of the interior ninety 1901 days after notincalion bythe city sha)I part' aY area eseeeda thirty (80)feet, result In a nne as outlined in this chapter one Ill tree for every seven hundred (Ord. No. 4967, if 2, 8.5.86) My (1501 square feel 'ball be h• quired; See. 30A•19. Conservation d (4) One tl1 tree 'ball be planted for every Boulevard). lstriel IIrvius ewe tautand seven hundred -2,7001 square feet of remaining sumtseape Use to the existing setback arm, and i (ng standards, overhead uGGly Itna and paving (S) Each tnt in this etendarQs, the follow; landscape �� area ths) eriteria has been established shed for the ate adj sat U planted in a tai (75)m !undrape to Irving noulevard(S.H. 356)boot Sower Read arse the A m (75) square Poet With the mat ttamrw dirosnaion of Ilan Solt to Irving lfeights Drive.The required twenty landscape area was five(S) feet. w (20) per cent landsope vas shelf be Waived in (e) T7te owner U required to Irrigate all lu,d- the redevelopment district; however, tea Bevel• �peareolbyoneof the methodaOutlined oper mu!t provfde the required landscape arse for in Mcdoa 39A•2.1. each tree. (Ord, No. 4967, 12, 45-86) i (a) For slreetsespe woes lees than five thou• Sind ins. thedevelopershtll �• x'20• L+�apiuf fa a utWty eaas. Sdhrre to the following. eaeaR � it) Afiive(5)foot fnterior parkway mustbe trenlelned a permanent landscape aoyyutisNty eaakloeni Withoutlwrit a pptm Lion Of the utility or utilities Invnlved. no developer � CDJ3A 12 l SECTION 18 Page 104 7�; � C 32XIO r I� i I 33 t! shall notify the utility company governing the spaced that it visual obotructioa tbst raprtdeats a easement(Texas Power and Light,Una Stu ass, traf& huard is not Created. No parking shall be ate.) or the proper departments of the City of allowed in the tight easement lasing (public worsts, trtfbe and transportation, (Ord. No. 4967, 12,6-5-86) code enforcement, eta) of the pending develop- went, adhering to the guldeltnes u set forth by See. SS11.23• irristtioo. I the utility company or the City of Irving. In the The de+sloperlowott that be «Auired to ion• event the developer is unable to obtain permis• u the required landscape area by Cot of the ,ton to instill the required landscaping, be shall get mainttln the fifteen 116) foot Interior Parkway following Methods, adjacent to the utility eaument And install the 11) A fully automatic or manual underground required tree+. Irrigation system; (Ord. No. 4967, 12, 6-5-86) (2) Hose attachment within MYt50l feet otall IuAaftpe arm and Sea 3SA•21. war,ecaPlag in the right•of• (3) Installation of pukk couplet system with A III Bray; e7terlor parkway vsh*s one bundrtd(t001 fat an tenter. The developer May landscape the r(ght-Of•w,y (Ord, No.4967, 12,6—&W) adjacent to his lot at his own option. The devel• oper mutt meet the followingaittris in landstap. See. UA-st WoroeateoL ing the exterior parkway. (1) Landscape guidelines established by the (it No edrvelote hoorupanry shall be issued state department of highways and public seeps the on file, complied with lht lard• transportation or the city of Irving must be not Ptah on file.In tltt went e t de► bw, may followed. IAndseape plans will require AP' not intlail the landscaping ope & due issued se team no- followed, of tither or both agencies before aidenuoo, the developer Shall nint 90)days. implementation;and nary artltieats o!ooeupstxy h (2) The city reserved the right to refuse or (b) It thall be tsdawful for the owner Or env delay landscaping In the esturior or Inw Pant of the proper+! to rag to comply with the rior parkway due to pending eastruttion provisions oftHschapter, Nonoomplianttthtllbe orthoroughfareimprovements Intheevent ,widget to a 6ne of up to fire hundred "an the city delayslandscaPe iaat,0110en of the tt500.00) per day fa each viotallon. lnte Hor Parkway, the developer/owner will (Ord, No. 4967, 12, $-$a; Ord, No. 6096, 13. be allowed to Install the landscaping after 3.5-92) • the improvements have bean eompleted or belnvio iauanorthisrhtpterandsublectto Sea 8SA•!b. Malptataaaee. .. fine, It Shall be unlawful for the owner or ootupaat of (Ore No, 4467, # 2, 6.5-6) pity on which A lan4xAPs Plan has been Set, 33A•22, Slight tAWASnt Clip& Approved,Porn living this Voipter,�itI then or maintain lO living Cad [t�rK The design and placement of the iandsaping plants Or Leta sbwit'Be Acid Pico. it shall be as S materials will be at the discretion*row owner or ami'trmative dereaw tol am tiOn wader thL sic• n If the t or tree required has bean pieta led dtey shall ate plat not obxpvet the tact, between ace pint dedicated streees pukln1 isles`oe Assets drives the eomplaiet. The Case ),hall not aim esaed Ere of parking lot,, Nothing at an elevation greater hundred dellari(6500.00)Per day for tats day of than the top-of curb plus two(2) foot allowed in violation• area except aingle•trunk tram Pruned to a height (Ord, No, 4961, 1 2, 6b66; Ord, No. 8096, 11, of,+van(7)feet.Tres ire to be of such sla and so 3.6.92) SECTION 18 Page 105 CD33k 13 2 � �] 32x ❑ i 1 1 FEB-23-98 KOH 18107 Citr of Plino FAX 1,10. 8724238587 P.02 fi 3-1200 LANDSCAPING REQUIREMENTS 1. Non-residential Landscaping Requirements- These standards shall apply to all non-residential districts except BG and 05-1. Any area within a planned development district or overlay district containing landscaping standards shall be regulated by the more restrictive standards. (ordinance No. e3-0 13) a. Landscaping Along Street Rights-of-Way - All commercial, Industrial and other non-residential uses shall comply with the following strootscape requirements: (1)A landscaped edge shall be provided adjacent to au streets. The landscaped edge shall be a minimum width of ten (10) feet, exclusive of street rights-of-wsy. Within the landscaped edge, one (1) shade tree (3" caliper minimum) or or, approved ornamental tree shall be planted per 600 square feet of landscaped edge (See ' Appendix Illustration 14). The number of required trees shall be calculated solely on the area of the required landscaped edge. (2)Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5 gallon minimum) shall be planted per 600 square feet of landscaped edge (See Appendix Illustration 14). The number of required shrubs shall be calculated solely on the area of the required landscaped edge. A berm may be placed within the landscaped edge In lieu of the required shrubs unless needed for a headlight screen. The bean must be 18 to 40 Inches above the average grade of the street and parting lot curbs. The slope of the berm shall not exceed a 3 to 1 grad... (3) If the parking lot Is bested 50 feet or r6we from the street right-of- way line, no shrubs or berms will be required unless needed for a headlight screen. (4) The applicant Is also encouraged to plant a variety of omamenW tree* and flowers in add'A3on to the required plantings. Any 0 permeable surface not occupied by trees. shrubs, planting beds, signs or other permitted fixtures shall be planted with turf.or other living ground cover, (S) The Planning a Zoning Commission may reduce the width of the required landscaped edge during site plan review when the reduction Is required for public Improvements. . 3-50 NA"QoAA7000 OMI V? SECTION 18 Page 106 -- - t Q 32X i • ' r 0 FEB-23-98 NON 16:07 Olt? of Plano FAX NO. 9724239587 P, 03 " (6) No site developed prior to the effective date of this section shall be required to conform to the landscaping requirements of this section unless the site Is being redeveloped or there is a thirty percent (30°x) or more increase in the existing square footage of building area and/or reconstruction of the existing parking lot b. Inteilirr Parking Lot Landscaping • Any non-residential parting area whio'.i contains more than 20 parking spaces shall provide interior landscaping in addition to the required landscaped edge: (1) Interior landscaping shall Include all areas Vdhln the paved boundaries of the parking lot as well as planting Islands, curbed areas, corner lots, parking spaces and all Interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas outside of the parking lot may not be used to meet the interior landscaping requirement (See Appendix Illustration 15). (2) There shall be eight(8)square feet of Interior landscaping for each parking space (180 square (est)or fraction thereof. (3)There shall be one (1) shade tree (3" caliper minimum) or an approved ornamental tree for every fifteen (15) panting spsoos or fraction thereof. (4) All landscaped areas shall be protected by a raised six (6) Inch concrete curb. Pavement shall not be placed closer than five (6) feet from the trunk of a tree unless a staff approved root barrier Is utirzed (6) Where art existing parking area Is altered or expanded to V&Se e the number of spaces to more than twenty (20). Interior landscaping shall be provided on the new portion of the tot In accordance with the above standards. " (6)The requirements listed above shall not apply to structured parking • garages. (7) Properties utilizing the reduced front building setback allowed In Section 3-514 must provide one three-Inch caliper tree per 760 square feet of landscaped area between the property line and the building face. (ordinsnos No.24.11-t q H.n►t�xo+�arseo 06e7n} 3-69 SECTION 18 Page 10' I I hK � Q 32XI ❑ r lA,j fi 1 �,'Y 1.' r " � •, ' J r ° i! �r�r ( ' �'r ( y r'Y r o • n r: FE8-23-88 NON 1608 city of PlAA0 FAX N0, 9724239587 P. 04 r' c. Landscaping For Comer Lots - Comer loft at the Intersection of type D or larger thoroughfares shall comply with the following landscaping requirements in addition to the required plantings for the landscaped edge and interior parting lot landscaping: (1)A minimum of 10%of the she area shall be devoted to landscaping; (2)A minimum 15 foot wade landscaped edge shall be located along all street right-of-way tines beginning at the comer and extending 176 feet or to the closest driveway. Beyond this point, the landscaped edge may be gradually reduced (over a distance of 26 feet) to 10 feet in width(see Appendix Illustration 16); Where the Development Services Department his determined there Is no need for a right-turn lane at a location, the landscaped edge may be reduced to a minimum of 7.6 feet (see Ingress and , Egress Section of the Thoroughfare Standards Ordinance); (3)A minimum landscaped area of 900 square feet shall be located at the intersection corner of the lot. This landscaped area shall be provided within an area measured a minimum distance of 40 feet from the projected comer of the Intersection on both sides of the lo! (see Appondbc Illustration 16); ` (4) No @Re developed prior to the effective date of this section shall be required to conform to the landscaping requirements of this section unless the site Is redeveloped or there Is a thirty percent (30%) or more Inetease In the existing square footage of building area and/or reconstruction of the existing parting lot d. Landscaping/Screening for Parking Lots Adjacent to Residential Areas - Where parking Is within 60 feet of residentially zoned property tthd is not screened from view by a wall, berm or other screen specified In Section 3.1000, a continuous screen of shrubs (S gallon minimum) must be placed adjacent to the parking. The required landscaping shall comply with the following regulations: (1)The required shrubs shall create a minimum three-foot tall screen a within two years of planting. r . • . l 3.60 N.AMOARTUO 05111n1 SECTION 18 Page 108 32X r O FEB-23-98 1110 16:08 City of P1+no FAX N0. 9724239587 PROS ( (2) Drought and freeze-resistant shrubs shall be used including but not limited to: ; y Phovnfa Dwarf Chinese Holly Other plants may be used with staff approval. e. Landscaping for below-grade open parking structures In the front yard of non-resldentialy zoned properties - Where below-grade open parking Is provided in the front yard setback, the required landscaping shall comply with the following regulations; M 964s; Orcftenoe No. 57.2- 15) (I)An 18-foot wide landscape edge shall be provided between the below-grade parking structure and the street right-of--way. The landscape edge Is exclusive of street rights-of-way; and (zc Ordinance No. 97.2.15) (2) The 18-foot landscape edge shall Include a minimum three-foot tall { berm, measured from the property line after grading. The berm shall not exceed a 31 slope. One shade tree (3-Inch caliper minimum) or an approved ornamental tree shall be provided per 50 feet of street frontage withim the landscape edge between the below grade open parking and the street right-of-way. IN 9"s; Ordlna%4 No. 97.2-15) 2. Residential Landscaping Requirements - These Standards shall apply to all residential districts, except C84. Any area within a planned development distrct or overlay district containing landscaping standards shall be regulated by u s more restrictive standards. a. Muhl-Family and Retirement Housing Landscaping Requirements: • (1)A landscaped edge shall be provided adjacent to all streets, The landscaped edge shall be o minimum width of ten (1b) feet exclusive of street rights-of-way. Within the landscaped edge, one (1) shade tree (3" caliper minimum) or an approved ornamental tree shalt be planted per 800 square feet of landscaped edge. The 1 number of required tree* shell be calculated solely on the area of the required landscaped edge. p N;PP7=4ltt3W 341 SECTION 18 Page 109 3 2 X1 El i I c e , o VAWVNU (2) Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5 gallon minimum) shall be planted per 600 square feet of landscaped edge. The number of required shrubs shall be calculated solely on the area of the required landscaped edge. A berm may be placed within the landscaped edge In lieu of the required shrubs unless needed for a headlight screen. The berm must be 19 to 40 imbea above the average grade of the street and parking lot curbs. The slope of the berm shall not exceed a 3 to 1 grade. (3)The applicant Is also encouraged to plant e variety of ornamental trees and flowers in addition to the required plantings. Any permeable surface not occupied by trees, shrubs, plantings beds, signs or other permitted fixtures shall be planted with turf or other living ground cover. (4) If the parking lot is located 60 feet or more from the street right-of- way line, no shrubs or berms will be required unless needed for a headlight screen. (5) The Planning 6 Zoning Commisslon may reduce the width of the required landscaped edge during she plan review when the reduction is required toe public Improvements. (6) Parking areas shall be landscaped In sddmon to the required landscaped edge. Seventeen (17) square feet of landscaping for each parking space shall be provided within the paved boundaries, Including one (1) shade tree (3" caliper minimum) or an approved ornamental tree per tan(10) parking spaces. i (7)AA landscaped areas shall be protected by a raised six (0) Inch concrete curb. Pavement shall not be placed closer than Ave (5) feet from the trunk of a tree unless a staff approved root barrier Is utilized. (8) Ono (1) shade tree (3" caliper minimum) or an approved ornamental tree per 1,000 square feet of required open spaoa shall be provided. 0 (5) No site developed prior to the offective date of this section shall be required to conform to the landscaping requirements of We section unless the she Is redeveloped or there is a thirty percent (30%) or more increase in the existing square footage of building area and/or reconstruction of the existing parking lot. kRAT1L0+1RTf16 o6rorgr 3.82 SECTION 18 Page 110 2ra • � lJ 32x � C1 r r •ik i r f v �, 1 r 1 , ' �Y u' r •IS .: t 1 i 1 Y r r FEB-23-98 MON 18;09 City of Piano FAX N0. 9724239587 F.07 y: Cb. Landscaping Requirements for Single Family, Patio Home, Single Family AttacW and Two Family Developmonts: j 'a (1) One shade tree (3" caliper minimum) or an approved ornamental " tree shall be provided in residential subdt*ions for each loL (2)All required trees must be planted prior to request for final building Inspection Of the dwelling unit. 3. Landscape Maintenance Requirements: o. All plant material shs11 be matnialned In a healthy and growing condWon, and must be replsced with plant maledsl of similar variety and size If damaged, destroyed,or removed, b, landscaped areas shall be kept free of trash, Utter, woods, and other loch materials or plants not a part of the landscaping. o. An automatic Irr(getioi r system is required for ball landscaping. d. The requirements listed under items a, b and c shall not apply to eingie family, patio home, single family attached and two famly platted lots. e. Any developer desiring to Install and maintain landscaptng materials l { and Irrigation facilities within the CNy right-of-way must first enter Into and execute a "Median Right-of-Way landscape and Irrigation Agreement" j f. Entryway or amenity features within City Nht-of-wsy may be E developed under the responslbHity of a Homeowners Association or Commercial Property Owners Association. Documents shall be submitted, reviewed, and approved by the City. f KRrrtiaunw onn+n>• 3.63 SECTION 10 Page 111 25 10' 32 x 10 - s FEB-23-98 WN 16:09 Cili of Plano FAX NO, 9724239587 P.08 ( 4. Recommended Trees For Tree Preservation ¢ New Plantings - The following is a Gst of recommended high quality, long 1'nring trees whkh are considered suitable for local soli conditions and climate. Other species may be aeoeptabie, with approval from the Development Services Department. Required trees shall be a minimum of seven M feet overall height Immediately after planti ng. (ZC 9644;Ordinance No. 97-3.19) Overstory (Shade)Trees: Height Range .30Z. (ZC 98-44;Ordinance No. 97-3•19) Bald Cypress Taxodfum distichurn Cedar Elm Ulmus crassifolls Lacebark(Drake) Elm Uimus parvifolla :Drake'.` Pecan Carya illinoinensis Chinese Pistache Pistacia chineneli Bur Oak Quercus macrocarps Shumard or Texas Red Quercus shumardll lorte)iaria Oak Sweet Gum Llquidambar styraciflua ( Green Ash Fraxlnus pennsylvanlra 'Marshsll Ss4fd(est':. Live Oak Quercus virginlans Western SoapbeTy Saptndus drummondi Ea.fern Red Cedar Junlperus virgirllans Hackberty' Collis occldenfalls Bois d'Arc' Maclurs pomNers Sycamore Platanus occidentalls Common Persimmon Diospyros virglnians Southern Magnolia Magnolia Qrandifiora American Elm Ulmus americans Slippery Elm Ulmus fubra Chinquapin Oak Quercus muehlenbergil Black Walnut_ Juglans nlgra ' Trees afe unacceptable for nowplanungs. p 3.64 N:RPMOART300 CHIA? � SECTION 19 Page 112 { i i � l 32XIo o , FEB-23-98 MON 16.09 Oily of P hno FAX N0. 9724239587 P.09 Accent(Ornamental) Trees, Height Range -10.20' (ZC 96-64; Ordinanu No. 97.3.10) Japanese Black Pine Pinus thunbergu , Afghan (Eldarica)Pine Pinus eldarica Redbud Cercis canadensls Crape Myrtle Lageratroemis India Youpon Holy (lox vomitods :'. ' Flowering Pear Pyrus caileryans 'Bradford','Capitar, 'Aristocrat' Texas Sophora Sophors offinis Mexican Plum Prunus Mexican& Purple Plum Prunus cerastfers . Crabapple Malus sugustifolis Deciduous Holy ilex deeldus. ' Chaste Tree Wex Agnus-castus Mexican Buckeye Ungn&dis spaefoss t Wax Myrtle Myrica carifers Desert Wiilow Chilopsls Nneerts The following ornamental trees, with Development Services Staff approval, may be substituted for the required shade trees: Flowering Pear, Redbud, Mexican Plum, Crabapple and Mexican Buckeye. These ornamental trees shall have a minimum caliper of 3 inches, (Zo 9161: Ordinance No 97.3-59) S. Land scapellaigation Pfan Approval: i 0 a. Landscape and irrigation plans shall be submitted with.an non- residential, multi-family and retirement housing development submisslons. Lendscepenrrigstion plans shall ensure proper location of vegetation within public rights-of-way, preserve vh ibllky triangles, maintain the overall integrdy and intent of Ilv(ng screens, and promote omamentaI planting within the City. per - 3-65 NAMOAAT110 0"1101 SECTION 18 Page 113 MOM 0 '9 1 FEB-23-99 MON 16: 10 City of Plano FAX NO. 9724239597 P, 10 h b. Submisslon of landscapeArNabon plans shalt be made to the Development SONk@s and Engineering Departments. The applicant shall be provided a landscape review check list that may include additional landscape requirements. City staff' shall evaluate the appropriateness of the landscape and Irrigation Plana and may approve them, or approve them subject to stipulations. t3. rT�f, Preservation and Protection - The purpose of this section Is to establish regulations for the preservation and/or replacement of exMng trees within the City of Plano and to provide requirements for the protection of trees during construction, development or redevelopment. (ZC o6•b1;Ordinance No.07.319) a• psSltlili4ni (1) Buildable Area - The portion of a lot axelusive, of required yard areas on which a structure or building Improvements may be 1 MOW. (ZC 94-64; Orftana No. 07.3.10) (2) Building Pad- The actual foundation area of a buikfing and a ten (10) foot clear area around the foundation necessary for �wnstruetfon and grade transitions. (ZC 90.61; Ordinance No.97.3.10) (3) Clear Cutting- The random cutting, plowing, or grubbing of trees without regard to type or size for the purpose of c)earing the land. (ZC 96.64;Ordinance No.97-3.10) (4) Development-any man made change to improved or unimproved real estate, including but not limited to, buildings end other structures, paving, dralnage or utilities, and agricuihual aotivttlss. (ZC 06-64:Ordlnano9 No.97.3.19) (S) Drip Line- A vertical line run through the outermost potion of the crown of a tree and extending to the ground, (zC 9e a4; Ordinarsee No. 07.3-19) (6) Tree - Any self-supporting woody perennial plant which has a S trunk diameter of four and one-half (4 112) Inches or more when measured by caliper Inch at a point of four(4) feet aboveground level and which nonnaly attains a height of at least flReen (I$) feet at maturity. (ZC Obra4;Ordmr4s No.97.3-10) b. ApppQy - The terms and provision of this section apply to all property as follows: (10 96-64;Ordinance No. 07.3.191 9 (1) All vacant end undeveloped property. (20 H44; Oedinenty No. 07-3- ++:+v7�toNrneo oeio,rn 36A SECTION 18 Page 114 32x I0 e (2) All property to be redeveloped, including additions and afterations, RC 9044;Ordinance No. 97-3.19) c• F.xstriItlt (1) This section does not apply to individual single-family, duplex, and single-fan.11y-attached lots after initial development and final Inspection of the dwelling units by the Building Inspection Department, or to properties for which an approved site plan, phase II land study, prellm)nary plat or preliminary rapist Is in ~^feet on the date of adoption of this ordinance. (Zc 96 a4; Grdinanoe tie.07.5.19) (2) For all single-family developments - The buildable area as defined above, plus the area needed to establish proper drains 9 e , public s ireet rtehts of way and public utility easements. (ZC 9e44:Ordinance No. 97. -19) i (3) For all eon-residentlal and mull-famiy developments - The building pals as dofined above and proposed public street right- 1 of-way, public utility easements, in off-street parking areas, driveways, fire lanes, or drive aisles. Sufficient area to allow the normal operation of construction equipment for these Impri.;emenis is also exempt. (ZC 96.84;Ordinance No. 97.3.19) (4) Durfng the period of an emergency such as a tornado, storm, / flood, or other natural disaster, the requirements of this ordinance may be waived as deemed necessary by the Emergency Management Coordinator or other designee of the City Manager. (ZC 90.64;Ordinance No.97.3.19) I (5) In addition to rights granted by easement, utility cornponies franchised by the city may remove trees during the period of an emergency that are determined by the company to be a danger to publlc safety and welfare by Intsdaring with utility sorviee. (ze 9e- 64; Ordrnana No.97.3.10) , (6) Any nursery, as defined by Section 1600 of this ordinance, shall be exempt from the terms and provisions of this ordnance only In relation to those trees planted and growing on the premises for • the sole or Intended sale to the public. (ZO 9044; ordinance No. 974- , (7) City rights-of-way, streets, parks, and any other public property under the jurisdiction of the City of Plano shall be governed by , the requirements of Ordinance o. - 1- a N 89 1 16. C 00-t11� In n q I , Ord s a No. 07.3 1p) • • • y 367 �; wa►rtaxruo obahv SECTION 16 Page 115 -- - 2s KI 1 El 32 x I O s , • i i I I i FEB-23-98 ICON 16: 10 Oily of PlIno FAX 110. 9724239587 P. 12 I d. Tree PreservafAn Reaufrement•. The following requirements must be met: RC 98-84; Ordinance No.97J-19) (1) No clear-cutting of land is allowed without a permit. (ze oa-s4; Offtance No. 91.3.19) (2) No tree eight Inches (86) In caliper or larger from the recommended tree lust in Section 4 of this article may be removed unless ft is located In areas specMcaliy exempted in Section c above or removal has been approved by the city. These species must be preserved unless the health and condition of the tree warrants removal, as determined by the City, (ZC 90-84; Ordinance No. 97.3-19) (3) The caliper of a tree shall be measured at four (4) feet above ground level for tree survey purposes. (2C 98.84; Ordinance No.19) e. 7tee_Survev and Preservation Plan Remitted, (1) Pteliminary Deielopment Plans • A general survey of natural vegetation showing tree groupings and anticipated tree losses shall be submitted with all preliminary she plan and Phase 11 land study applications. Required data Includes approximate locations and species of individual trees eight(6) Inches or larger In caliper, and a range of sizes and species for tree groupings. Photographs of the she showing tree cover are also required, QC 96.84; Ordinance No. 913.19) (2) Final Development Plans • A tree survey and tree preservation plan shall be submitted with all she plan and preliminary plat applications. The Development Services Department is authorized to maintain a list of required information for tree surveys and tree preservation plans. The tree survey shall Include the exact location, alto, condition H damaged or diseased. and common name of each tree eight (8) Inches In caliper or larger. The survey must also show existing and proposed spot elevations near the trunk of trees to be preserved., This document must be signed by the preparer. The 'roe preservation plan shall Indicate which trees are to be presssrved, which are to be removed, and the ma lner In which they VIII be protected during the construction pet'od, Projects will not be released for construction until a tree pretorvefon plan CR applicable) has been y� approved. (ze MU; onrnar,es No.07.3.19) 3-48 H,IIA11i0AllT7e0 OEAt A7 r SECTION 18 Page 116 10 32XIO i•" ne c FEB-23-98 MON Hill City of Plana FAX N0, 9724239587 P. 13 h (3) (fold Inspecbpns • Prior to the approval of a tree preservation plan, the applicant shall mark all trees to be preserved and notify the city of the marking. The city shall Inspect and verify the marking within two weeks. (ZO 96-84;ordinance No. 97-3-19) i Prior to the commencement of grading, all tree markings, protective fencing such as plastic mesh, and erosion control measures must be installed by the developer and must be Inspected by the city. (ZC 06.84;Ordinance No. 07.3-19) A stop-work order may be Issued by the ofty at any time If tree preservation requirements are not being mot. (ZO "3- ordinance No.97.3-19) Within two weeks of notification by the Engineering Division that final acceptance of the subdivision is Imminent, a find Inspection of the tree praservation methods must bo performed. (ZC Ordinance No.974.19) f. Reauiremeats for Tree Pre1;grvation . Developers shall adhere to the following tree protection measures on all constructlon shoo. (ZO 9644; Ordinance No.97-3,19) ' (1) Prior to grading, brush removal, or construction, the developer shall clearly tap or mark all trees to be preserved. (ZO 96 e4; Ord)nsnce No. 97.3.19) (2) The developer shall erect a plastic mesh fence a minimum of four (1)feet in height around each tree or group of trees to prevent the placement of debris or fill within the drip line. (Ze 9634; Ordinance No.97.3.19) (3) During the construction phase of development, the developer shall prohibit cleaning, parking, or storage of equipment or v materials under the canopy of any troa or group of trees being 1 preserved. The developer shall rot allow the disposal of any waste materlal such as, but not limited to, paint, all solvents, 0 esphatt, concrete, mortar, etc., In the canopy area. (ZO 99.81; Ordinance No. 97.119) i (4) No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree. (ZO 9684; Ordinance No. 97.3-10) 0 ; (S) No fill or excavation may occur within the drip lino of a tree to be 0 j preserved unless there Is a specIflc approved plan for use of tree # wells or retaining walls. Mejo: changes of grade (six (6) Inches or 3-69 NAIYflZ0 I'M 0691197 i SECTION 18 Page 117 32 XI e ♦ O FEB-23-88 fM 16: 11 Citr of Plara FAX N0. 9724239587 P, 14_� i { greater) will require additional measures to maintain proper oxygen and water exchange with the roots. In addition, the deve!oper should adhere to the following guidelines to protect the trees to be preserved: (ZC 96-84; Ord•Inance No.97-3.19) j (a) With grade changes, a reinforced retaining wail or tree well of a design approved by the city should be constructed around the tree no closer than half the distance between the trunk and the drip fine. The retaining wall should be constructed so as to maintain the existing grades around a tree or group of trees. (ZC 96.99;Ordinance No. 97319) (b) At no time should a wall, pavement or porous pavement be placed closer than five (5) feet or one (1) foot for every two (2) inches in caliper, whichever Is greater, to ft trunk of the tree. (ZC 9884;Ordinance No. 97-3-19) (c). Root pruning may be necessary when the critical root zone Is to be disturbed. (ZC 9654:Ordinance No. 97.3-19) (d). If a patio, sidewalk, drive, parting lot, or other paved surface must be placed within the drip line of an existing tree, material such as a porous pavement or other approved { construction method that will allow the passage of water and oxygen may be required. (ZC 96.54;Ordinance No. 97.3-19) g. Tree_Presery rtion Credits - This paragraph apps only to non- residential and multi-family development. For every tree (eight (8) inches in caliper or larger) preserved, the developer shall be given credit for two trees as required by this ordinance. Only trees In good condition, having been protected in accordance with the Tree Protection Requirements, shalt considered be f o r credit.o. A m ax 1 u m credit of one-third (113) of the required treos shall be allowed per aft. Determination of credks shall be made by the city, upon compietlon of site improvements. Field conditions may warrant submittal of a revised I landscape plant to determine the number of tree credits. Review may • Include a field Inspeatlon of the site, and the plan may be referred to other departments for review and recommendations. (ZC 9684; Ordinance No.97.3-19) h. gepJaotMgnt of Tree; - Replacement trees will be required it trees are , removed when:(ZC W94;Ordinance No.97.319) i • (f) The trees were Identified on the tree preservation plan for ■ O • preservation but were damaged or destroyed during construction. (ZC 96-84;Ordinance No.97-XI 9) 3-70 N'.RPT OART0a0 On IM SECTION 18 PAge 116 rsh ire, 32 x � ' • 'I t ,' i _ � r r n��'�,°if� ! vr i. r 51 v:!r rr t �� y'� 5 F , l I - � t i , 1 ' I , e Ltr It ill1RY FEB-23-98 MON 18: 11 City of Piano FAX 110. 9124239587 P. 15 _ P , (2) The trees were located in the 100-year floodpla in, Including areas t approved for reclamation, unless the city requires removal of trees for drainage purposes. (ZC 96-84;Ordinance No.974.19) (3) Trees shall be replaced at the following rates. Replacement trees are to be measured at twelve (12) Inches above the soil stain, and mist be chosen from the fist of recommended trees in Section 4. (ze 98-84;Ordinance No.97-3-19) A (a) Trees that are eight (a) to sixteen (16) Inches in Caliper shall i be replaced with two (?)traes with a minimum caliper of four (4) inches. Larger treEa may be used as long as a total of eight caliper inches is replaced. (zC W", Ordinanea No. 97-3- (b) Trees that are sixteen (16) to thirty (30) Inches in caliper r shall be replaced with three(3) trees with a minimw n caliper of four (4) Inches. Larger trees may be used as long as a total Cf twelve Caliper Inches is replaced. (zc 96.44; ordvWnca No. 97.3-19) (c) Trees that are larger than thirty (30) inches In caliper shah be replaced with four (4) trees with a minimum caliper of four ( (4) inches. Larger trees may be used as long as a total of sixteen caliper inches is replaced. (ze W44;Ordinance No.97.3- t 9) (5) Acceptable types of replacement trees are deagneted in the Recommended Trees list In SeMW. 4. (zc 98.44: Onr~os No.97.3- 19) (8) if the physical limitations of the subject property are such that all of the replacement trees cannot be properly located, the developer shall locate the extra trees in public right-of-way, In medians, on 1 private open space areas, or in public park land with the approval M of the Urban Forester. The developer may pay a fee to the City in lieu of tree replacement. (zC 9644:Cadniarm No. 97.3-19) � 3-71 N.MIYW�RTJ/0 90/01M I SECTION 19 Page 119 I - - ; , ?5x ❑ 32xlrl , 0 t i r ; x�mra FEB-23-98 MCA 18112 City of Plato FAX N0. 9724239587 P. I6 F ORDINANCE NO. 98-1-13 _ 1 (Zoning Case 97.31) { AN ORDINANCE OF THE CITY OF PLANO REVISING SUBSECTION 4 j (RECOMMENDED TREES FOR TREE PRESERVATION AND NEW PLANTINGS) j AND SUBSECTION 6 (TREE PRESERVATION AND PROTECTION) OF SECTION 3- f 1200 (LANDSCAPING REQUIREMENTS) OF ARTICLE 3 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY. ORDINANCE NO. 86-3-14, AS HERETOFORE AMENDED, TO PROVIDE NEW REGULATIONS FOR THE PRESERVATION AND PROTECTION OF TREES WITHIN THE CITY; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Secretary of Piano, Texas, directed that notices of a hearing be issued, as required by the Zoning Ordinance of the City of Piano and laws of the State of Texas, at a meeting of the City Council, to be held on the 12th day of January, 1998, for the purpose of considering a change in the Zoning Ordinance; and WHEREAS, the City Secretary of the said Chy accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation in the City of Plano. Texas, at least fifteen (IS) days prior to the time set for such hearing; and WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons washing to be heard loth for and against the aforesald change in the Zoning Ordinance, on the 12th day of January, 1998; and WHEREAS, the City Council is of the opinion and Ands that such change would 0 not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Plano, and as well, the owners and occupants thereof, and the City generally; IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, THAT: N OR02C97-31 ISM, ~ .. SECTION 18 Page 120 5 9 1 l .� r ul I • �, , r ' , I' I y I t i �IiiR1A 7 t ` I . ,i i • d 0 r { t' i ' I i FEB-23-98 KON 16112 Citr of Piano FAX NO. 9724239567 P. l� 7 ORDINANCE NO.98-1-13 (ZC 97.31) Page 24r.1 11 lion . Subsection 4 (Recommended Trees for Tree Preservation 8 New Plantings) of Article 3-1200 (Landscaping Requirements) of the Comprehensive Zoning ' Ordinance No. 86-3-14, as the same has been heretofore amended, is hereby revised to read in its entirety as follows: 04. Trees for Preservatlgn a New Plantina - The following Is a list of trees which must be preserved under the regulations contained in Subsection 6, and which are suitable for new plantings. Other species may be acceptable for new plantings, and the suitability of all species for the proposed planting area should be confirmed with the Development Services Department. Required trees shall be a minimum of seven (7) feet overall height immediately after planting. Oversto Shade Trees Ash Fraxinus Spe. ' Atlas Cedar Cedrus atlantica Bald Cypress Taxodiurn distichum Chinese Pistache Pistc6a chinensls Chittamwood Bumelia lams inoss Common Persimmon DiosDvros vir iniana Deodara Cedar Cedrus deodars Eastern Red Cedar Juniperus vir inlens Elms Ulmus S Eve's Necklace So ors affinis Hickories Ca rya S Leyland Cypress Cuprpssocyparis le landi Maples Acer $ . Mexican Plum Prunus Mexicans f Oaks Ouercus Spp- Pecan Ca illinoensis Southern Magnolia Msginolia arandiflofs j Sweet um Lt uidamber styracMuS I r Sycamore Plalanus I 0 Walnuts Ju lans Spp, ti Western Soa Der SS indus drum ondi NORCV M-11(sN; SECTION 18 Page lil - ---- �� 10 32XI ❑ a r i O FEB-23-99 110N 16:12 clip of Plano FAX N0. 9724239587 r'• 18 ( ORDINANCE NO. 9s-t-13 (ZC 97-31) Page 3 of 11 Accent Omamental Trees " Afghan Etdarlca Pine Pinus eldarica Chaste Tree Vitex a nut-castus Crabapple Malus au ustifolia Crape Myrtle Lacierstroemia Indica Deciduous Holly Ilex decidua Desert Willow Chilo sls linearis Flowering Pear P rus calleryana Japanese Black Pine Pinus thunber li Mexican Buckeye Un nadia speclose Purple Plum Prunus ceresifera Redbud Cercis canadensis Wax Myrtle M rica cerifere , Yau on Holly Ilex vomitoria Flowering Pears, Redbuds, Mexican Alums, Crabapples, and Mexican Buckeyes may be substituted for the required shade trees with staff approval. These ornamental trees shall have a minlmum caliper of three (3) inches.' Section 1 . Subsection 6 (Tree Preservation 6 Protection) of Article 3-1200 (Landscaping Requirements) of the Comprehenslve Zoning Ordinance No. 86-3-14, as the same has been heretofore amended, is hereby revised to read in its entirety as follows: -6. Tree Fmervation a Protection - The purpose of this section is to establish regulations for the preservation andror replacement of existing trees within the City of Plano and to provide requirements for the protection of trees during construction, development or redevelopment. a finition (1) Buildable Area - The portion of a lot exclusive of required yard areas on which a structure, driveway, or building improvements may be erected. (2) Guiding Pad - The adual foundation area of a bulldfng and a ten (10) foot clear area around the foundation necessary for construction and grade transitions. (3) Clear-Cubing - The removal of 10 or more treat listed in • Section 4, 8 Inches in caliper or larger, from a property within p any 90 day time period. HORO�rC97.Ndni .. SECTION 18 Page 122 32XIII i s Was" y 1 G2T.vw FEB-23-98 MCN 16:12 City of Plano FAX NO. 9724239587 Pr19 ORDINANCE NO.98-1-13 (2C 97.31) Page 4 of 11 (4) Development - Any manmade change to improved or unimproved real estate, including but not limited to, i buildings and other structures, paving, drainage or utilities, and agricultural activities. (5) Drip Line - A circular area beneath the canopy of a tree the radius of which is equal to the distance from the trunk to a vertical tine extending from the outermost portion of the canopy to the ground. (6) Tree - Any self-supporting woody perennial plant which has a trunk diameter of four and one-half (4%) inches or more when measured by caliper inch at a point of four and one- half (4 112) feet above ground level and which normally attains a height of at least fifteen (15)feet at maturity. b. AP.Plicabifil - The terms and provision of the section apply to au propEny es follows: (1) All vacant (without structures), undeveloped, and agricultural land, including floodplains. (2) All property to be redeveloped, including additions and alterations. C. Exemptions (1) This section does not apply to single-family, duplex, and single-family-attached lots offer initial development and final inspection of the dwelling units by the Building Inspections Department or to properties for which an approved sits plan, phase 11 land study, preliminary plat or preliminary ropial was in effect on March 17, 1997, the initial date of adoption of this ordinance, and is still valid (2) For all non-residential and mufti-family developments - The • building pads as defined above and proposed public street right-of-way, public utility easements, in off-street perking areas, driveways, fire lanes, or drlve aisles. Sufficient area will be exempted to allow the normal operetions of construction equipment for these Improvements while ' providing as much protection for the trees as Is reasonable. N.ORy2C4T•H(CNr I SECTION 18 Page 123 32 X I O t ( 1 OWAM FEB-23-98 lfOPl 1 6 1 1 3 C i l r of Plano FAX NO. 9724239587 P.20 I ORDINANCE No. 98-1-13 (ZC 9731) Page 5 of 11 l (3) During the period of an emergency such as a tornado, f storm, flood, or other natural disaster, the requirements of this ordinance may be waived as deemed necessary by the Emergency Management Coordinator or other designee of the City Manager. In addition to rights granted by easement, utility companies franchised by the city may remove trees during the period of an emergency that are determined by the company to be a danger to publle safety and welfare by interfering with utility service. (a) In the pursuit of maintaining or installation of its utilities. franchise companies or their contractors, agents, r '' successors and assigns shalt have the right to trim or remove trees in the right-of-way so as to prevent the branches of such trees from coming in contact with the , wires, cables, pipes or other facilities. Said trimming or removal shall be done in a manner such that the aesthetics and health of the trees are not destroyed and shall be done under the supervision and direction of the City Council or of any City official to whom said duties have been or may be de,egated. The City may require boring under trees within the driptine instead of trenching. Future franchise agreements s11311 include wording to insure compliance with this ordinance. i (5) Any nursery, as defined by Section 1-600 of this ordinance, shall be exempt from the terms and provlsions of this ordinance only in relation to those trees planted and growing on the premises for sale, either retail or wholesale (6) City rights-of-way, streets, parks, and any other public property under the jurisdiction of the City of Plano shall be l governed by this ordinance and the requirements of I Ordinance No. 69-11-15. 0 d, Tree Preservation Re ui ementa -The following requirements mint be met (1) No clear-cutting of land Is allowed. A permit Is required to remove any tree 25- or larger in caliper. Permits may be Issued with verification that the tree is damaged or � diseased. l t10RDSGfAlfl9Mp SECTION 1S page 124 4� �p V ;tl t 0 1 FEB-23-98 H N 16:13 City of Plano FAX N0, 8724239587 P. 21 i ORDINANCE NO. 98-1-13 (ZC 97-31) Page 6 of 11 c (2) Ail trees eight (8) inches in caliper and larger, listed in Subsection 4 of this ordinance, shall be preserved unless located in areas specifically exempted in Section c above or removal has been approved by the City. Other trees may be considered for tree preservation credits as stated in Section g, with approval of the Development Services Department. (3) The caliper of a tree shall be measured at four and one-half (4 1/2)feet above ground level for tree surrey purposes. e. Tree Survey and Preservation an Required (1) Preliminary Development Plans -A general survey of natural vEgetation showing tree groupings and anticipated tree losses shall be submitted with all applications for preliminary r site plans and Phase II land studies, Required data includes approximate locations and species of individual trees eight (8) inches or larger in caliper, and a range of sizes and species for tree groupings. Photographs of the site showing tree cover are also required. The city may require site plans and subdivision designs to be altered to minimize tree loss. Required changes may be appealed to the Planning &Zoning Commission. (2) Final Development Plans - A tree survey and tree preservation plan shall be submitted with all site plan and preliminary plat applications. The Development Services Department is authorized to maintain a list of required Information for tree surveys and tree preservation plans. The tree survey shall include the enact location, size, - condition if damaged or diseased, and Common name of each tree eight (8) inches in caliper or larger. The survey must also show existing and proposed spot elevations near the trunk of trees to be preserved. This document must be signed by the preperer, The tree preservation plan shall Indicate which trees are to be preserved, which are to be removed, and the manner in which they will be prolecded during the construction period Projects will not be released for construction until a tree preservation plan (if appllcable) has been rpproved. / 1 N ORWC9)-71(SN) SECTION 18 Page 125 i 32XIO I 191 1 ' O n , y , y - i FE8-23-98 MON 16:13 City of PISno FAX N0. 9724239567 P.22 ORDINANCE NO.99-1--13 (ZC 97-31) Page 7 of 11 (3) Groups of frees located in areas that are to remain undisturbed shall have a clearly identified boundary, Trees ' located to the interior of these groups are not required to ha specifically surveyed. Encroachment into these areas will require additional survey information. (4) Field Inspections - Prior to the approval of a tree preservation plan, the applicant shalt mark all trees to be preserved and notify the city of the marking. The city shall Inspect and verily the marking within two weeks. Prior to the commencement of grading, all tree markings, protective fencing such as plastic mesh, and erosion control measures must be installed by the developer and must be inspected by the city. r A stop-work order may be issued by the city at any time if tree preservation requirements are net being met. Efforts will be made to allow a developer or builder to comply before the project is shut down. Within two weeks of notification by the Englneering Division that final acceptance of the subdivision is imminent, a final Inspection of the tree preservation methods must be performed, f. Reouiremenis for Tree Preservation - Developers shall adhere to, but not be limited to, the following tree protection measures on all construction sites. (1) prior to grading, brush removal, or construction, the ueveloper shall clearly tag or mark all trees to be preserved. i (2) The developer shall Greet and maintain an approved protective fence a minimum of four (4) feet high with approved signage around arch tree or group of trees at or t j beyond the drip line to prevent any activity within the drip line (3) During the construction phase of devblopment, the r developer shall prohibit cleaning, parking, or storage of equipment or materials under the canopy of any tr!;, or • group of trees being preserved The developer shall not 0 • SECTION 18 Page 126 , 32x111 'I i J k of t ib d e.. I 1 [ s E I i ,• p , I 4- ` t '"It S.. I i S+ { 1 • 6' t t h i t 4 k r , r ! t p V1 , 1 r ` I 4 FEB-21-98 NCN 16:14 City of Pl+co FAX Na 9124218587 P.21 .'I I ORDINANCE N0.48_t_t3 (zC 97-31) Page 8 of 11 allow the disposal of any waste material such as, but not limited to, paint, oil solvents, asphalt, concrete, mortar, etc., In the canopy area. (4) The developer shall ensure that all subcontractors on site are made aware of City requirements of tree preservation. (5) No attachments or wires of any kind, other than those of a protective nature shall be attached to any tree. (6) No fill or excavation may occur within the drip line of a tree to be preserved unless there is a specific approved plan for use of tree welts or retaining walls. However, the building pad may encroach into the dripl'sne of a tree. (7) Major grade changes of six (6) Inches or greater will require additional measures to maintain proper oxygen and water exchange with the roots. In addition, the developer should adhere to the following guidelines to protect the trees to be preserved. a) With major grade changes, a reinforced retaining wall or tree well of a design approved by the city should be constructed around the tree no closer than half the distance between the trunk and the drip line. The retaining wall should be constructed so as to maintain the exis!'ng grades around a tree or group of trees, (b) At no time should a wall, pavement or porous pavement be placed closer than 5-feet or 1-foot for every two (2) inches in'cetiper, whichever is greater, to the trunk of the tree. (c) Root pruning may be necessary when the entical root Y, . r zone Is to be disturbed. 0 (d) If a patio, sidewalk, drive, parking lot, or other .paved k surface must be placed within the drip line of an existing tree, material such as a porous pavement or other approved construction method that w111 allow the passage of water and oxygen may be required ; 0 � 0 • rti re onvze»aYtsry SECTION 18 Page 127 t 32x ❑ 25 K � f� t S 7 '1 . , r 'i%VWM FEB-23-98 MON 16:14 City of Piano FAX R), 9724239587 P.24 r ORDINANCE NO. 9e-1-►3 (ZC 97-31) Page 9 of 11 g. ree Pres rvat,on Cre 'ls - This paragraph applies only to non-residential and multi-family development For every tree elght (8) inches in caliper or larger preserved, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition, having been protected in accordance with the Tree Protection Requirements, shall be considered for credit_ A maximum credit of one-third (113) of the required trees shall be allowed per site. Determination of credits shall be made by the City upon completion of site improvements. Field conditions may warrant submittal of a revised landscape plan to determine the number of tree credits. Review may include a field inspection of the site, and the plan may be referred to other departments for review and recommendations. h. Replacement of Trees - Replacement trees will be required if trees are removed when: (1) Tne trees were identified on the tree pre ervalion plan for preservation but were damaged r.i destroyed during C construction. i (2) The trees were located in the 100�jear flood plain in any zoning district, including areas approved for reclamation. Trees eight (8)inches in caliper and larger shall be replaced as required in this section, regardless of species, when removed from floodplain unless the city requires removal of trees for drainage purposes. (3) Trees shall be replaced at the following rates. Replacement trees are to be measured at 12-Inches above the soil stain, and must be chosen from the list of recommended trees in Section 4, (a) Trees that are eight (8) Inches up to and including t13 1 inches in caliper shall be replaced with a sufficient number of trees in caliper to equal at least 100% of the caliper Inches removed. Replacement trees shall be a minimum of three (3) Inches in caliper. 1 y i i N OQCdCY1•)ySN� i I SECTION 18 Page 128 32 X I I t •1 a 4 r FEB-23-98 WN 16 14 City of Plano FAX NO. 9724239587 P, 25 ORDINANCE N0. oa-1-ta _ (ZC 97-31) Page 10 of 11 (b) Trees greater than 16-inches up to and including 28 Inches In caliper shall be replaced with a suffreleni ' number of trees in caliper to equal at least 100% of the caliper inches removed. Replacement trees shall be a minimum of four(4) Inches in caliper. (c) Trees that are larger than 28-inches in caliper shall be replaced with a sufficient number of trees in caliper to equal at feast 200% of the caliper inches removed. Replacement trees shall be a minimum of six (6) inches in caliper. (d) Trees that are fisted on the Champion Trees of the Metroplex list kept by the Texas Forest Service or have been designated as an historic tree by the + Dallas Historic Tree Coalition shall be replaced with a sufficient number of trees in caliper to equal at least 200% of the caliper Inches removed. Replacement trees shall be a minimum of six (6)-inches in caliper. (4) Acceptable types of replacement trees are designated in the Recommended Trees list in Seetion 4. 1. (5) If the physfcal limitations of the subject property are such that all of the replacement trees cannot be properly located. the developer shall locate the extra trees in private open spaces or, with approval of the City, in the following locations: public right-of-way, medians, or public park Sand. The developer may pay a one-time fee per project to the City in lieu of tree replacement.' SIliction III. All provisions of the ordinances of the City of Plano In conflict with the provisions of this Ordinance are hereby repeated, and all other provisions of the Ordinances of the City of Plano, not in conflict with the provisions of this Ordinance. E shall remain in full force and effect. Section IV. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall nut be construed as abandoning any actlon now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue. or as affecting any fights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance. O +/ + SECTION 18 Page 129 I� t ! � 32XIO r f: 41 t FEB-23-98 MON 16:15 Citr of P1410 FAX Na 9724239587 P126 s' ORDINANCE NO, 48-1-17 - x (Zt, 97-31) Pape 77 oft t fi SeetioAY. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Piano, as heretofore amended, and , upon conviction shall be Wished b a fine not to exceed - a'--� punished Y ed the sum o► TWO THOUSAND AND NOl100 DOLLARS ($2,000.00) for each offense, and each and every day such violation shall continue shall Le deemed to constitute a separate offense, r 829tion Vi. It Is the intention of the City Council that this Ordinance, and evary r provision thereof, shaft be considered severable and the invalidity or partial invalid iry of any sarXion, clause or provision of this Ordinance shall not effect the validity of any other portion of this Ordinance. SoctlonVil. This Ordinance shall become effective immediately upon its , passage and publreation as required by law. PASSED AND APPROVED THIS THE DAY OF { ohn Longstrest, MAYOR ATST; Eialne Bealke, CITY SECRETARY ¢t`. APPROVED A TO FORM: ne C Wetherbee,CITY ATTORNEY 1 r n. SECTION 18 Page 130 10 ,r A , uamles" wnoww • O 17l19 9.•, 14: ?7 97,- 1r �.�• 'Tr C�.F M3,PvEe GaaF C11 II` _ Ore S1YE ^FAX Dt16 r l Ti 1, {� ` i • 7jO$ )1•'j/iN4AtAy�Ql, '� o�b°J r' — ,ian���� SIrCT10N 43 LANDSCAPE REQUIRPSItNTS c,"�'�' c�;f� . iYa c RPiarH Fiv^Ir� � � 1 L%ndseapinl rs aeapted o adding valu4 to property Ltd is!AN Inxreet of 1be jeaeral welfare of the city. Therefore,land spin 6 Is r m a lter rtquirad of ae w dt v elopm mt +xnp!iutlle•hmlly and apitulturel u let, ad)a cant to publte s»eta. W411•femilyults ere gtatrally not required to provide extepelva landurpins at the t!mt of development brcouss trey rarely fail IQ comply with the roqulremeats"I forth berlW 16 7 SCOPL AND F.NFORUM1N7 The standu6naderituiaeenalned w;ttlathh uertonLtdermedtobemiritnumatudardsLndsh+ll Lpply to all new, or shored(excerdinj Ntrty perc•tot(30%)of the oriiinal floes Lea), ton►truction otturrinj within the City, except thgt alnjledLinlly or d,plct dweL'inga$halt be exempt, no prohgtena of this itct!oo shall be administered by the Dueetor of Pta.nl:g or dedp;61 The Weise"standards In No socttoa apply only 14 norsnVeitnrlsl and muttl•famlly pantie. NC%resldenllal uses whtcb art a Lonvenlon or cbsnge in use st611 uplr►!e laadscapins on tilt Liu and moll hero mqu0tementeto the Went practical, s If At Any time afterthe itsuaace of I eertiLeateof occupancy,the approved landscap)ns is found to be Lid noneonformanea to the standards and e(iterli at approve!oo the lendsetpaplen,th+13ul1dins Official shall Issue notice to the owner, citing the vioLtion and discribinl what sent% Is required to comply with this $salon. The Oscar, Lenart or gloat lW: Live thlr y (30) days groin date of sold notice to ra;ere the landscop'sgasnegiAed Ir Atl andscapiajisnotreportdwithts64Allottedtime.suchPersonshabbohold In vlolstion of We ordinance. 463 PER,N)iTS No pe.1nito stall to luutd for Willing, p$vins, lred:n4 of eoneu iclion unnl a detailed lanleeapap!atl is aAtmlt!ed std appta.td by the Director of punning or dAlgnee. A Conceptual or generall Led lutdocLp+ pltn ehtl I be sho•an as pan of the site plan as nqulrad In Mallet 40. Prior to tat lsruane+of a errtitltaro of occupancy for Lay bulldinj of strucri all softraing sad Undscaping shall b, In ptxct is sccerdlrue with ibis landscape plan and a reptodueibli a:)lu cep)of%be lsndscapin j as installed shall be provided to the planolns dtputtrot for pnmaomt RIN in say ctu Li whlcb I eertlAa1,14 of occupancy Is sought 011 stuon of the year M which the Dirt CIO r ' planning dttertnL eI that it would b Irr,f,s:t'calto plait Inn,%hrubt a pus, er to by turf, a tam;o!,-^, cori lfl ealeofoceupa aty may toWrit:p:co,dedalertro fttlndaath`0en the VIOyplao ner1epfnts"to na•.injwbes the inftalialion shall e.r:r. All the b7 witrla six (6) roontb+ of this dab:.!the Isruutu of ILa teotperary etrtifieaee of oecupaoey. • 494 LANDSCAPE PLAN print to the isruaast of a building, pavins, sradin j or torelon ;)C=lt fcr any ace other than'Isgia• family twliod ar du Sex dwa11G6e,a landscape plan Iball bo timed to the department of Flam lot no fyi'snctor of plismits of designee shall review I;:h plans ar . !W approve Mile If alt+plans an to en juletiet . if u.t plan!ee: accordance wilt for cltarla of tbe bs accord they shall b+ diuypro,ed and shut be sccompan!edby a written statement st ,rl forth the ; Lajnneeetaary for eompllanea. • O • t,ptdenpingplar ''a!Ibeprepartdbyapenoalulow;edjtablelnpl+nlmLttriuocaj►aadlandxapldnae. (e.j ILadaape L chsoct laodseape toMtictoe,Iandectpe desijner,ate.)and shall eontaln 1111 lo"We"+'mt follow(ns InfoRaalloo: A 6'ttnlraUm H1111 Of one inch(I")equals Aly HN(507 R. Location,$let and spab$g of all vets to b+fresarvad(do not see'Wo stamps'wills alley Indklrtt s^ Copy• February, 1996 00. Dr . SECTION 18 age 131 mow 0 n adr Y7:5J?15Cn try cF r lot E, PAGE F' i no ells and location of uteo l C. L"ttlnnofa ll plan, and iaad asapinpmat eriol tobevoed,feelsdinjp;antl,fivInd,beaches.s neat, foublalm% autves, tarthon banns,paods (to Include depth Of water), lopopspby of site, or other lauduaPe f"I'mi D SpttieI and quan!klto of all plant material to be teal In a tabular f,rm Y. 3141 of all plant material to be used F. Spoolno of plear material where oppropdata 0. t.ayout old"ImliplionnfirriAll r, I piirklar,wMalornetemsI nclu&Iplacmcmofwetersourci; H. Parw,,(a)retpoasible fu the preparation at" ludscept plan t. MaAiddira!ins Nonb 1. Date urtbaimelicapeplan K plamioo delaih L, Perceb'mjt of Amet yard In permanent lendeceping bl. Dimennlorl of landscape butrer(inlertor parkway) N. Numbs of required tree;numbu pronidod p O All unduground tLlitirt ,hill be ehc,o on tits landttopep!W.. { 415 CL gfKAL 6i'A•'v'IrAAP9 Tbt following criteria and sludesdl shall apply to lwdseaps mattAall and iarullstion! A. AV rtga'utd lenlscmped open area aysll be tomplately, civaud %lib livlaj plant meterial. L"discapingmatodall sueh as wood Witsaad ptvelrnoy be used0r,ly'coder teats,shrubs Sad other plants. e plan(metal,hsbaileonfomtto the eaidudsoftRn,proradpiant list for the City ofMcKlhtey'(ate Appendix _„ for aka seproved plant lilt). Orue 1044 sod sad Otbat materbl abt11 be cleaa end roasomably 601 of waerdi aed naxlous Peru and tasecis. Tram 1b111 have an avernda +paid or crown of omsw than bAeen fast (Id') at matwity. Trees bavlma an evarlde IMMt ctowa of Ise aim fl8efa feet(W)may be evbuiruttd by poupin=She • mine co u to trine the equivalent of flpm fa((15') wlddl of crown. WAS tees &hill be a mlalmum of thee iacbu(1")in caliper(meuured six irchu(d")abevs the Wooed) sad Sipes hit (i')inbctghrnPmeofplanrino, small tress"I beg itimmumO ronoinchoiin wiper and mvo fen(S'I !n betobt A. ShNts Got of the dwarf relay shell be, a mlalmum of two feat(11) It he(ght when ;outing Immedurelyone plaatlnp. Hedges,wb,ra lanaQadfix sereMln;purposs,squired by this so Man 47,1hell b plamod sad maintatasd w u to foes a eoalLwous,unbroken, sclld visual won whfcb C wiV Da tLye Res p')high wlraie two(t)ytan aflettiral of plaarGp• ' P, vines sot Weeded go ground naves stall be a mlalroum oft**fen(I,)l7 bolo,Immediately maw / planting and may her wed IN eon)uacrlon with Racers,scroeae,as walb to meal Ladeaspe serem(ag 1 Dmh Copy• FebNa,7, 1996 )01 "SECTION 18 Page 132 32X L� weaeessv , 5 1 IF caaeesa _ I , Qli0�i143'v 1d:3? 3`25•t125•?S `I7v OF N*1P VV E,' FtiC,E 03 »quhments is eat torah. \ F. Graf$ taus shill bt Welded, pluufd, epdued,hydro multhed or lotdd except that edlid sod$ball i be uttd 11 swales, Orals aft AS&'tali be established wltb eomple f tov MAO,within a lie (6)momb period of time from pisnting atsd s)sll be n-trAbhoW,if neuuey,to f arc$gross eov"Ill ora l' Well, 0. Ground coven used In lieu of gnus In,bole and to pan $hall be Platted In such a mW#F as to pnstal a fmished+ppearmatand seasonably eompletedeovtrats within Or(1)you orpltrnln4 A Slid 4riLon tySieemd$bellabeta fled by sdquallAtd profatsloealmand Wall d bylt licensed irritator, 1. Any trees Proervsd on a Site meelinp Lht hueln$ptcifc4dons moy be ereditedtowKd meeting the eta nquirtment of any landtoeplr,g provielot of Oils s4etioa Iceording to the following tsblt' C$liplt of Credit Agsitst r�r +oa Tree" T[aeAle s mane 6" to " 2 trite 9' to 3+' s treat S1"10 46' S troll 41" or mere 1 tree Exlsdog Lses m:y rectiv s eredil if they Sn not on the City's approved pT¢J motMal list bur approved by the Director of Planmidg or 4o$lpto. Should any requind 1nt 4011gn4ud for Pteservetlon in the 1446$vape plan die, the owner $hell rtpiace the Vtt with a three Inch (S")tdinlmum eSlipettree In 4ccord ace with the $redid bno3 above. I. Earthen berms shall bfve side slopes not to acted)a(thee fill O')of horizantal dittuet for tech ere foot (1') of height), Ali beet, ehsll eonulrt 14fe4lary drsinsga provbions N may be ngiIrtd by the DActor of ErlinurinS. K No ties which bu a mature height of 2S feet or gnattr Ibil be Plante, *$moth an exhting of proposed cmehttd utility line. 41.6 NIIN)MUAf LANDSCAPL\G AL"QUOLEMENTS FOR\0\7tE5IDENTjALAND MULTI•F'AM1LY A For all norsrnldrertalandmultl•ter.•rilypuctlawit'r less tbmr wohamdradflltyfW050')offrontsto sdjocent to a dedlceted public right•e4way,at Iled f Mtn percent(liva)or the sheet yard shall be peraeneal ludsapa erg. NonresAmllol and niltl•bmily Panels WAS twe bundred GAy feet (140)or more of frontage shall have it Last twamy pert:ent(20%)of the street yard in ptnnanenl laadlcapewa. The groat ya rdzltalibedeAaedas the ug between the minlmtu ll oft bit llIlea end the from property lief. h. A minimum of ten percent(It%) of Me entire Bile $bill be devoted to Ilving landscape which ahall Irclude gets, jroued cover,plants,OWN or treat, C. For guollr a orrice Stations, S requ'rmmsnt of S minimum 6Alon pvml(15%)ludscepe uts for she entire site, ieeiudJng a nix hundred(600)siuue foot lWSUPe 1144 at Spprojodels interunioa comas,wMeh tan be eountd towurl the AMte Ptreaet(j i;%)ttqulmmmt. eP / {` D, A fablmvm len•foot(l0')iSndteePf bv,Yer(intfrict pukwsy)adf assn,'to sI{5t•o4way of Sty rose$ I$nqulred. If the lot is a am#, , two Aetiages Shfli be raquiredto obsfrvs the im-ft(t0') buffer. If mom than two eontagtf Gals%oleo the whit eot-oGMsy b"tagss Shall be rtquimd to Drah Copy • February, 1996 �� • •• SECTION 18 Page 133 ' - N, � !� Cl 32A ❑ O 1 have 00 more than seven snd ono.helf feet(1W) of landscaped axes. Developers shill N tequirad to pleat one(,)wits tree per forty(4o)I[near feet a portion thereof of street Rontaje. Trees troy be group"orclurtuedto(jell iute site dedgn, r os landscaped panioaoftat odor puk w+ys may be lneWded in the sequlnd landsupe area perstnuse. Tbt Lttedor pultway Is doAnd a that tree on privets proptrry batty ears the street right-of-wq ltne o•A the neJf eut'b of the paklaj uea or bn!lding , Mrs, P,. Luoseape uses w1min parlung Ion weld seaaxuty oe it irut oos parking space Lt e4e,vldr acv landscape uea lass that fifty(SO)squue feet In use. Landscape saes shall be no less than five for! (S')wide lad shall equal a tool of st least s!xtarn(16)+qtr"fast per parking apses. T)sh shill be a landscaped tau wish at least 0ae(I)seta within olxtyAvs Cret(6!') o!every parklas tpaN• There sb11t be a mialmum of one(1)tat planted in the puking trot for evm tea(10)puking specs witbla pu" lots with more 6sla twenty(20)apses. WithGt paklns Ion, landsupo snu should be located to derma puking wax and assist N eiulfytag approprl+le ttreuis!on Qstteraa, A ludKaps Island shall be located It"the terminus of each puking row,sad should cones t! 'ter;case tree. All landsupegnu shall be protected by a moaolith!e curb or wheal stops and rernr. �1 t oftrub,limo, aid eta bumper over?angs. F. All existing Ines which ors to be preserved shall be provided with a ptrmetbls surface under the exlstla{ dripl!ns of the we All new trite shall be provided with a"=cable surface under the d6pline a e%Wraum of four firs(4')by four feel(4'), G, At Ioul seventy.flvepercent(15%)of the frontage ofpuklat Lott, adjacent to a public rlglt•of-wry, w)thia the rvret yard,oball be screened from pubile streds W;-.h evtrgreeo shrubs atsalnlns a mtgimum height of woo feet(s') or a low rr,son:y wail of equal MIAL Via of I wall for parking lot scntn!nsabouid be seaornpaniedw ith isndreayepl4nt ass In ale fcrm of low shrubs end sfoundeovet to soften she appeirance of tM walt, K. A ML-11 um Of f fly percent(M) of 4to 10'11 trees ttQu!nd lot the property "ll be lugs trees as specified on the ep,-aovad planet tin. Small teas shall be used under exis as or proposed overhead utility lines. 1 Necenuy diveways hom the public right-of-wo) iWI N pectntritJ Mugh all tequGed landstepins in accordance with city rop:otlons, I wrmiveran off-sveotpukingaxaaer vehiculaausauesubuuanadjactatproperty line.aplrlmatn j { landscape tau of at Itut five feet(a')shall be maintained belwnn the edge of the pt MMI tau Md the @decent property lire. 11'her+sver the sd)sc1M property is used or staid for residential use, a !and►<apod was of all Taut tm feet (10')shall be Provided, (tees Section U for additlonal scranins wail requinrarots)planted with one lose tree for each forty (40) LOW feet or pottloa thereof of aQIseont expesute. 41.1 TKU PRESERVATION 1 roving uy conavuction of (and dsvtiepmom,6,e daveloprr absli eteerly mark 111 true to be maintained lad may W nqu!red to steel Md r ainttta prottetlw bsrtlets uouad all such tress er groups of troy Do der slofrt shall not allow the moveIDenl of equipment or she storage oraquipmeat,mitatialr,debfls or All to be plrced witbin the drip Ilan of uny troat Duets the ooattrua'on suite of devtloposent,she devilom shall got allow eltaaLts of sgstpmeat or ' mitrrl11 under the c000py of a2 f tree Of group of trial to ttm+'a ?41641 441111$developer allow the O dispnslofasywssurast erial ouch ubWrotllmlredto,paint,011, Inl vants,upb11t,aoncrete,mtrtu,ats•r O • yk undet the uaopy or say tree or Ircups of 0114110 ttotsin. r� No 1Metsmnt or wine of Ny kind, other that thole of a protective Mr1re,shall be asuehed to any tree, i V Drell Ctpy• iebrvary, 1096 102 l SECTION IS Page 134 r 32 X i u .t } . 11t3i 41:51 25$6 :ITY Or th> It:15Y FAGS d5 r r 411 SIGHT DISTANCE An VISINILITY Rlgld eompBanee with stet:It, +c+Fins tequlnmtnte lull not be$ach to to cam visibility obirrvean, andfor blind tomes it latlreeCtiani. Whtoever 1A lnttrlattlan Of two 0)or more public rithtsbf wYy ocelae,a Menplu visibility use,is dgen'btd below,shall be erate4, LaadA0Flcpwlthh1 the trisnpelar visibiliry aru shell be destpted to provide unobstrncttd uou•vbiblllty at a level lowma two(7)sad six (d) Get. Trees may be permitted to 611 sea provided they an hammed in suob a mermer that ao limbl or foliose eatsed into the clon•vlslbility uet. Tht triangular are"are: A Tko uu+of preporty en both fides of the intoraetloo of as alley aecestway and mttet rishtat way slut have a Ft*?#lu risibility aria with Me(l)oldie of ueh rriaatle b.W a mlobaum*(up feel (10')in Ise0 kra the POIat of inuructloe and 0r Shirt!fide being a fiat eoonuaBp the Inds of the other two(2)rider. B. The areas of property tocated it a comer formed by the kittKCtion of two(1)01 Mort'tree'"Skits' of way$hell have a triiatulu visibility area Whit two(1)side,of oech mantle b6q a minlmul of tweny five feet(2f') In Isnt h from she point of 641 Inuraeetioo and the Gird side Mail a line eoanoctint the ends of the outer two(])11641• Londscapint,except required grass and low prouad cover,shill not be loeand closer than 01:11 foal(1 ) from the 441 of icy puldnt ipaee• In the wear other-610iry obswedon,ue spparsni In the pmpostd ludseaps plan,to dettnnlned by the Dtreetor of plenaint,Lhi riquireminu set forth herein may bs reduced to the West 10 remove the edict 419 MAINTINANCE acr l of all oodua1epind. All 4 66 SpAu,irid I'nd+c4pleap shelllbe mlliatsSned 1111 Beall and oorndaitly mson all I'm"' This shall Include,but not w be Umhed to,mowint(of Pass of six iaahes(d')or hither),trio'',pntoiat, firttildap, watulnt, w1e01, sad ether such activities common to the mliotraanet of taadaaplat• Lsodscaped uea ahaU be kept fta of trssh,that,weroa,and other MIA M0111el of plants mot to pan of the landscspinp. All plans matedal aboli bemaintaNed in a heahby and pawing eoodhlon at le spprepslitt fm?Cho ewlshlnninery(90)d+yL Aall be lxiOCbn�hmauandMaiaty T four Inthel(14")above the Fowo4 auy be replaced with Ones of simllu varlinyshavllt/•trunk dlamrar of no lees rhea auto Inclttl(f')measured twinq four Ineha ��o64iSh of s�t or want mif oold iandsespo$ alt ire Bbeve the Mlatmuio nqulnd SmdVAPe pro P p which may stili result in the regAtem'nu of the mloltoum R&nda.'ds bee� met 0dm arte50cleae mss replaeetnat%twpt a rogttired to Mal Mote the ktetriry of the S'ndsuplag Ft. be Fated by the Director of Pianalat if sybstanlial tvldenco to pnsated IQ IBdicafe ad :' circurottaacesbeyond Ito Control of Cho w.11 Or bit&peel ?allure to m+int+la any landreape wu in compll'ote with Otis sectipa 11 eonsidead a Violation of ffiil Sated and to'y IM subject to peaaltles of SM16%_1 1 r4 Dnfl Copy•February, 6496 — SECTION is page ]�5 o • b Cede a 5.03 rambMInr and Smenfnt 0 S.03 Landscaping and Screening (a) Purpose. This section Is designed to provide standards for the installation and maintenance of landscaping, wails and screening devices to as to promote the general welfare of the community. This is accomplished by encouraging the creation of an attractive appearance along public streets and by screening from view those uses that may be unattractive to the public eye, Landscaping materials, Including ground covers, shrubs and trees further facilitate the control of erosion and the reduction of glare and dust, as well a,the visual softening of building masses. Walls and screening devices allow for the separation of incongruous uses and for ttv.buffering of intensive activities. Landscaping, walls, screening devices and the combination thereof, help to effectuate privacy, logical development, and the enhancement of property values. (b) Applicability. This section shall apply to the following. (1) Nonresidential. New nonresidential development in all districts shall be subject to all provisions of this section, provided that a one-time expansion of the floor srea of buildings on a lot or building tract not exceeding twenty-five percent w%)or the existing floor area shall not be subject to the requirements of this section. (2) Residential subdivisions and multi family. New residential development, Including new residential subdivisions, but excluding the construction of single-family detached, single-family attached or duplex dwellings on lots of record, shall be subject to the following provisions of this section. a. All such new residential development with street frontage on a Scenic, Country or Principal Roadway shall be subject to the standards of Section 5.03(d)(2),Stmt buffer landscaping, and Section 5.03(ex2), Street buffer trees, along the frontage with such roadway. b. bfuld-family development shall be subject to the standards of Section 5.03(8), Residential compatibility standards, (3) Residential lots. The development of single-family, duplex and multi-family uses shall be subject to the standards of Section 5.03(e)(5), Tree planting requirements-Residential lots. (c) General requirements. (l) landscape plan. Any proposed building or use shall be shown on a landscape plan Indicating the location of existing and proposed buildings, puking areas, street Improvements, locations and types of landscaped taw, wails, screening devkes and watering devices. The appropriate cumber of topics of the landscape plan as outlined in the application packet shall be submitted to the Director of Cornmultity Pot 19) SECTION 18 Page 136 3210 • o i I -'—'3-fbq�itr.!]•L�!Dn-l.1-r,iy�('py�� o f 03 I nwA J e Development or designated representative at the time any application fora 1' i development plan or site plan is submitted. The Director of Community Development or designated representative shall review and approve the landscape Plan prior to approval of any development plan or site plan for the property. All landscape plans shall be in conformity with any development plan or site plan submitted for the property. (2) approval body. if the building or site requires rezoning, variance, or specific use Permit approval, the landscape and site plan shall be reviewed and approved by the Zoning Board of Adjustments, Planning and Zoning Commission or Town Council, as applicable. (3) Location of utilities. Proposed utilities shall be located, when possible, so that their installation will not adversely affect vegetation to be retained on it site. (4) Installation. I.andsca-i-g, watering devices, trees, walls and screening structures shall be Installed In accordance with the approved final landscape and site plan prior to the Issuance of a final Certificate of Occupancy for the building or use. The Building Official may grant a temporary Certificate of Occupancy during the months when installation is Impractical or not feasible, subject to the filing of a I Town approved affidavit with the Director of Community Development to this j 1 effect, Indicating that said Installation is to be complete by March 1 of the following year in which the affidavit was filed. Failure to comply the requirements of this section shall be considered a misdemeanor, punishable as such by a fine in accordance with Chapter 1, Section 1.06, of this Code. (S) Removal of tap .roll prohibited. No person, firth or corporation shall strip, excavate or otherwise remove top soil etcept in connection with the construction or alteration of a building on such pretr,ises and excavation or grading incidental thereto. (6) Maintenance rdqulreMeAlL y a. Landscaped areas shall be reasonably maintained by the owner or the lessee Of the property, including pruning, trimming, watering, and' othet requirements necessary to create an attractive appearance for the development. b. Any plant material not surviving shall be replaced within thirty (30)days of Its demise. Variances because of seasonal requirements can be granted by the Director of Commut,lty Developmert or designated representative. C. Lick of maintenance of required landscaping material shall constitute a violation of this chapter, SECTION 18 Page 137 hri" . c } i ? 3 11121 tom'2Dwrtwmem Cale ___ 11,01 LandiWid#and Srreeninr (d) Landscaping standards. (1) Street yard landscaping. All undeveloped areas of the street yard shall be - landscaped. In addition, each lot or building tract shall be required to provide landscaped areas within the street yard equal to the following minimum amount. A. A minimum of twenty percent(20%)of the street yard of each lot or tract shall be landscaped. b. A minimum of fifty percent (50%) of the street yard of each lot or tract with frontage on a Scenic or Country Roadway shall be landscaped. C. Landscaping required to satisfy other provisions of this section and lying within the street yard may be used to satisfy the requirements of this subsection. (2) Street buffer landscaping. The area of the lot adjacent to the street tight-of-way line and extending into the lot for a minimum width as provided below shall& landscaped, except for necessary driveways. Street buffer landscaped area shall be counted toward the street yard landscaping requirement. a, The minimum width of the landscaped street buffer from the street right-of- way line adjacent to a Scenic Roadway shall be fifty feet (SOT b. The minimum width of the landscaped street buffer from the street right-of• way tine adjacent to a Principal or Country Roadway shall be twenty-five feet(25'). c. The minimum width of the landscaped street buffer from the street rightof• way line adjacent to all other streets shall be fifteen feet(13'). (3) Parking area landscaping. Landscaped areas shall be provided within off-street parking areas at a minimum ratio of ninety(90) square feet per twelve(12)puking 1 spaces, provided that off-street parking areas on lots or building tracts adjacent to { a Scenic Roadway shall be provided with one hundred seventy(170) square feet of landscaped area per twelve (12) parking spaces. However, notwithstanding the foregoing, churches and/or schools shall be required to provide landscaped area within off-street parking areas at a minimum ratio of forty-five(45) square feet per twelve parking spaces. Landscaped areas within parking lots shall be counted • toward the street yard landscaping requirement. 0 • (4) Irrigation. All required landscaped areas shall include an irrigation system as defined herein to insure the health and growth of the landscape. Medians, rights- of-way, visibility clips and other common stem that are landscaped shall be PW 191 SECTION 18 Page 138 0 • c ... ._.uwL+[YWlRGY1.ai�/IIQDN[10DI/1[/'I CQd! .: 15.03 lAndliw2bi e d du Irrigated, with irrigation plans for said landscaped areas approved by the Town t prior to the acceptance of public improvements for the development. (e) Tree planting standards, , (1) Street yard trees. Trees shall be planted or existing trees preserved w:thin the street yard of the nonresidential lot or building tract according to Oe following provisions. A. For street yards less than ten thousand (10,000)square feet in area, one (1) tree shall be provided per one thousand (1,000) square feet, or fraction thereof, of street yard. L For street yards between ten thousand (10,000) and one hundred ten thousand (110,000) square feet in area, one (1) tree per two thousand five hundred (2,500)square feet, or fraction thereof,of street yard area over ten thousand(10,000)square feet Is added to the requirement of ten (10) trees. c. For street yards over one hundred ten thousand (110,000) square feet in area, oie (1) tree per five thousand (5,000)square feet,or fraction thereof, of street yard area over one hundred ten thousand (110,000)square feet Is { aided to the requirement of fifty (50) trees. d. Street yard trees shall be a minimum of three Inch (3")caliper. e. Trees required to satisfy other provisions of this section and lying within the street yard may be used to satisfy the requirements of this subsection. (2) Street buffer trees. Trees shall be planted or existing trees preserved within the street buffer landscaping area required by Section 5.03(d)(2), Street buffer landscaping, according to 'e following provisions. a. Street buffer trees shall be provided in a ratio of one (1) tree for every thirty feet (30) of lineal frontage, except that a ratio of one (1) tree for every twenty-five feet (251) of lineal frontage shall be provided along Scenic Roadways. b. Street buffer trees shall be a minimum of three Inch(3")caliper. (3) Parking area trees. Trees shall be planted or existing trees preserved within off. 0 street parking areas according to the following provisions. a. One(1)tr:e shall be provided for each ten(10)puking spaces provided on the sitc, provided, however,that churches and/or schools Aill be required to provide(1) tree for each twanty (20)puking spaces provided on the site, t+ae 196 . SECTION 18 Page 13.1 1 w � LJ 32X111 r �I �.. —..c:a�:2:,(�ntrr.l2:L^^!rDrrrttyrn+rnr 'ode • :. a iO3lendrettnl�r end Scrnnlnt - - _:. b. Parking area trees shall be minimum of three Inch (3')caliper, except is provided In Section 5.03(e)(3)(d) herein. C. All parking spaces shall be located within fifty feet (50) of a tree that is located within the same parking area, measured from the trunk of the tree, provided, however, that for churches and/or schools, all parking spaces shall be located within one hundred feet (100') of a tree that is located within the same parking area, measured from the trunk of the tree. d. A maximum of thirty percent (30%) of the trees used to satisfy the requirements of this s0section (3) may come froin Section 5.08(h)(4), Approved median and right-of•way planting list. (4) Median and righr•of--way rrets. Trees may be planted In medians and tights-of-way only with the approval of the Town; provided mcb, trees are selected from Section , 5.08(h)(4), Approved median and right-of way pi+nting list (5) Residential lots. The following tree planting requirements shall be satisfied prior - to the Issuance of a Certificate of Occupancy for a single-family, duplex or multi. family use, a. A minimum of three (3) trees, with a minimum caliper width of two and one-half inches (21h') to three inches (30), and at least six feet (6') in height, #hall be provided on each singie-family and duplex lot prior to the Issuance of a Certificate of Occupancy. At least one (1) of the required trees shall be located within the front yard area of the lc:. b. A minimum of one (1) tree, with a minimum caliper width of two and one- half inches (2�i0) to three inches (3 r), shall be provided for each three thousand(3,000) square fat of gross lot area on each multi-family lot prior to the issuance of a Certificate of Occupancy. At least fifty percent(50%) r of the required trees shall be located within elther tie front or side yard area of the lot. C. From July 1 until September 1 of each year, only container grown trees shall be used to satisfy the requirements of this subsection. The builderldeveloper shall certify that said trees are container grown. d. Homeowners desiring to plant trees of a caliper width in excess of two(2) • times the requirements of this section may, from July I until September l O of each year, file a Town approved affidavit with the Director of Community Development to this effect. Said trees shall be planted by Match 1 of the following yen In which the affidavit was filed. Failure to comply with the requirements of this section shall be considered a t�yel9! SECTION 18 'Page 140 0 0 misdemeanor, punishable as such by a fine in accordance with Chapter !, Section 1.06, of this Code. (6) Tree species. Unless specified otherwise, only those tree species included in' Section 5.08(h)(3), Approved tree planting and replacement list, shall satisfy the tree planting requirements of this section. (t) Measurement of trees. Unless specified otherwise, tree caliper shall be measured at a height of twelve inches (12') above the ground; provided, however, that for trees with a trunk diameter of less than four Inches(4')at a height of twelve inches (12'), tree caliper shall be measured at a height of six inches (64) above the ground. Muld-trunk trees shall be measured with the largest trunk at full caliper added to one-half(1,J)of the remaining trunks at caliper. (fi) Credit for large trees. a. Trees that are newly planted of already established and growing shall be counted for credit against the requiiements of Sect-on 5.03(d)(I), Streel Yard landscaping and Section 5.03(4)(3), Parking area landscaping as follows, provided that they are located w£phin the strtat yard and/or parking area: 12' or greater diameter: 2,000 square feet 6' or greater diameter: 1,000 square feet No credit shall be allowed or given in the event that grade alterations surrounding the established tree are detrimental to the survival of the tree. 1 It shall be incumbent upon the developer to demonstrate the site I development follows recommended procedures to guarantee survival of established trees. If existing trees are to be retalaed In a parking lot arts, 1 sufficient ground (the drip line)shall be left ungraded around each tree to allow for the survival of the tree. Special consideration shall be given to the preservation of large oak,elm,pecan, and hickory trees. Preservation Of trees ahali be in conformance with Section 3.08, Tree preservation. b. Existing trees that have either been preserved or replanted and meet the minimum standards of the following tree credit schedule may be substituted or credited against the requirements of Section 3.03(e), Tree planting standards ss follows. Fractional measurements shall to rounded to the 0 nearest whole number. Caliper width shall be rnasur td a, a point four feet e (4');hove natural grade level TREE CREDIT SCHEDULE raliner R1se---XXd MnXhdi4 Less than 3 inches 0 SECTION 18 Page 141 Page 191 32X ❑ , i I k 'M _-----:-a'�t L,{�jptrr l2:lend Dtvrf�mr Cadr • a*.03 L�ecaoin�e.�Serrenln� '� 3-6 Inches I 7-10 inches 2 11.14 Inches 3 I5-20 inches 4 21.26 Inches 5 27.32 Inches 6 Greater than 32 inches 7 However, no tree credits shall be allowed or permitted for trees that are dead, dying, diseased, or infested with harmful insects; trees which have not been adequately protected using required tree protection measures, as defined in Section 5.08, Tree preservation, or which are otherwise likely to die; trees that are not included on the Protected Tree List; or trees that are located within recreational tracts, golf courses, or similar subareas of planned developments which are not intended to be developed for either residenticl or nonresidential uses.' (t) Screening standards, (1) Parking areas. Parking areas shall be screened from street view to a minimum height of three feet (3') above the Nilhest finished grade adjacent to the street or curb line nt the parking area. Such screening may be accomplished by the use of plants, earth berms, walls or fences,or natural topography, provided that walls or fences shall not be used for screening parking areas from Principal, Country or Scenic Roadways. However, notwihstanding the foregoing, schools shall be exempt from the requirements of this subsection. (2) Outdoor storage arras. A11 outdoor storage areas for materials, cash, mechanical equipment (to Include ground based satellite dishes), vehicles, or other similar items shall be screened from street view by a minimum sly.foot(6') high scrrening device. Such screening device shall consist either of plant material ter a will constructed of or finished with materials to match the main building of the site; provided, however, that wood fencing or screening shall be prohibited. (3) Roof mounted units and/or equipment. In all nonresidential developments, roof mounted mechanical units and/or equipment shall be scorned from view at a point of five and one-half feet(S,S')above the property line with a parapet wall,martsard root'or alternative architectural element. The height of the screening element shall Fu equal to or greater than the height of the mechanical unit(s) of equipment A provided that the element shall not extend more than rive feet(S') above the roof p on a one or two story building or more than thirteen feet(13')above the roof on a building of three or more stories. A mechanical unit which Is Wler than the wiximum lArmitted height of the screening feature shall be set back from the sctxn fivt feet (S') plus two feet(2') for each foot it exceeds the height of the i Pq�199 SECTION 18 Page 1• 32 h �i 1 _�.:L�'^mi1 ^ ADrvrloemenr � aTAilnA f� „A screen. Screening for mechanical units shall apply to new building construction only. (4) Loading and service bays. All loading, delivery, and service bays, except for + driveway openings, shall be screened from street view by A minimum six foot (6') high screening device. Such screening device shall consist either of plant material or a wood, brick, masonry wall with stucco or mortar wash, or compatible alternatives approved by the Planning and Zoning Commission, provided that only Plant material shall be used for screening such bays from Scenic or Country Roadways. Service bays in automobile service stations shall not be oriented to face any public street. (S) Outdoor lighting. All outdoor lighting shall be directed down and screened away from adjacent properties and streets, (6) Height of screening devices. The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened. _ (7) Screening Plant Selection List. Plants used to satisfy screening standards may include, but shall not be Ihnited to, the following species. Arborvitae (Arborvitae sp.) Azaleas (Rhododendron ap,) Cherry Laurel (Prunus carolinlana) Eiaeagnus (Elaeagnus sp.) Glossy Privet(Ligustrun lucidum) Hollies (ilex sp.) Indian Hawthorn(Raphiolepis indica) Junipers (luniperus sp,) Oleander (Nerium oleander) Pampas grass (Cortaderis selloana) Photinla (Photinia frasert) Pittosporum(Pittosporum tobirs) • Privet (Ligustrum sp.) Pyracantha (Pyracanthasp.) Sweet Viburnum(Viburnum sp.) Texas Purple Sage (Leucophyllum fruteseens) (9) Residential compatibility standards, • O • (1) Applicability. The residential comQatibility standards of this section apply to the { following; / 11 1 SECTION 10 Page 143 Pyi2fl0 - -- C] 32 x (� o c LAO" QgUr 12:Land;Qeye1qA>?t Cdr 15-03 1ltddWLnf and Serernlns a. Nonresidential development adjacent to or separated only by an alley from developed residential property or vacant land zoned or designated on the Comprehe:sive Master Plan for residential use. , -b. Multifamily development adjacent to or separated only by an alley from developed single-family detached residences or vacant land zoned or designated on the Comprehensive Master Plan for such use, (2) Comparlbiliry buffer. A landscaped buffer shall be located on the site of the nonresidential or multi-family use along all property lines adjacent io the existing or proposed residential uses, subject to the following standards. a. A brick wall, or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Such walls shall have no vehicular access point Into or from an alley and shall be a minimum of six feet (6') in height, except that the tint twenty-five feet (25') In from the street line may be stepped down to a minimum height of four feet(4'). However,notwithstanding the foregoing, churches and/or schools shall be exempt from the requiremenu of this subsection. ( b. For nonresidential development, except for churches and/or schools, the landscaped setback shall consist of a minimum twenty-five foot (25') landscaped buffer, including a continuous berm with a minimum height of three feet (3'). Understory plants of species included in Section 5.03(0(7), Screening plant selection list, shall be provided in order to achieve a continuous dense six-foot (6') screen. Native shade trees, a minimum o" three inch(3")caliper and of species Included In Section 5.08(h),Approved tree lists, shall be provided at a ratio of one (1)tree per four hundred (400) square feet of buffer area. C. For multi-family development, the landscape setback shall consist of a minimum fifty-foot landscaped buffer, including a continuous berm with a minimum height of three feet(3')• Understory plants of species Included in Section 5.03([)(7), Screening plant selection list, shall be provided In order to achieve a continuous dense six-foot(61) screen. Native shade trees, a minimum three Inch(3')caliper and of species included In Section 5.08(h), Approved tree lists, shall be provided at a ratio of one (1) tree per rive hundred (500)square feet of buffer area. d• For churches, the landscape setback shall consist of a minimum twenty-five + foot(25')landscape buffer, with native shade trees, a minimum three Inch (30)caliper and of species Included in Section 5.0$Ch), Approved tree lists, provided at a ratio of one (1) tree per five hundred (500) square feet of buffer area, Additionally, churches shall be exempt from the requirements Pap 201 SECTION 18 Page 144 32 X A y I 'i w I , n 1 � of sub mlon a. herein, requiring the construction of a brick wall, or ( + I masonry wall with stucco or mortar wash finish. e, For schools, the landscape setback shall consist of a minimum twenty.tive' foot(43')landscape buffer, with native shade trees, a minimum three Inch (3') caliper and of Species pec included in Section 5.08 Approved rov ed tr e lists, ! provided at a ratio of one(1) tree per eight hundred (800) square feet of buffer area, Additionally, schools shall be exempt from the requirements of subsection a, herein, requiring the construction of a brick wall, or masonry wall with stucco or mortar wash finish, and instead shall provide A chain-link fence with a minimum height of four feet(4). ' I L Waiver or modocatlon of buffer requirement. The Town Council, as part of its normal approval of a site plan or on appeal of a disapproval of a site plan by the Planning and Zoning Commission, may waive or modify the compatibility buffering requirements. (3) Compartblllry setback: a. One (1)story, non residential or muld•family buildings, main or accessory, shall be set back from the property adjacent to an existing or proposed residential use sixty fee(60'), b. Nonresidential or multi-family buildings,more than one (1)story, main or accessory, shall be set back from the property line adjacent to an existing or proposed residential use five feet($') for every one foot (1) of building height. C. Schools shall be set back from the property adjacent to an existing or Proposed residential use sixty feet (601). I r 1, fv SECTION 18 Page 145 i Put M ?5 � ❑ 32 x10 ZONING 14-100 ' ARTICLE XIV LANDSCAPE AND SCREENING STANDARDS I Section 14-100 Puryose A. Pose: The Comprehensive Plan establishes a long-range vision of Arlington which recognizes that the aesthetics, amenities and infrastructure of a city are more than just luxuries for its residentsi they are vital ingredients to maintain and create cultural and economic value for the members of the community. The purposes of this ordinance are to preserve the existing natural environment whenever possible and to provide landscape amenities, setbacks and screening which promote a positive city image reflecting order, harmony and pride for new development in the city. The results ----of this effort will be a strengthening of the economic aeabiiity of, Arlington's business, cultural and f residential areas . B. objectives: The goal of maintaining the aesthetic image of Arlington is intended to contribute to a strong sense of neighborhood and community. The objectives of' this ordinance, are as follows : 1 . To safeguard and enhance property values and protect public and private investment . 2 . To promote quality development. 3 . To significantly impact the City's future quality of life. 4 . To provide buffering and screening between different intensities of land use. 51 To promote orderly growth and aesthetic quality in our city. 6 . To preserve and enhance our natural environment and aid in stabilizing the environment's ecological balance, 7. To encourage the preservation of trees which O promote clean air, provide shade, beautify the environment, reduce the amount of soil runoff and O - minimize erosion. XIV - I. 6/26/95 I ' SECTION 18 Page 146 i - - w �S � Io 32xI � ZONING 14-100 i 8 . To prohibit the indiscriminate removal of trees . These objectives are to be pursued in applying the specific standards of this Article. section 14.200 Administration A. AR 1t9-bility. preservation or replacement, landscaping ping and irrigation systems shall be required on all developments, except for single family and duplex residential development in "A", "E", "R", "R-1", "R-Z", °TH", "D", and "PD" zoning districts, in accordance with the terms and provisions of this Article. Mobile home parks shall only be required to comply with Sections 14.300 (A) , 14-300 (1) , 14-300 (K) , and 14-300 (L) and shall be exempt from other provisions of this artic?e. (Amend Ord 95-137, 10/3/95) 1 . A landscape lan registered landscapeigarchitect ' ethatfithe bplan complies with tho provisions of this article shall be submitted to the Building Official prior to the D issuance of a building permit for any development for which building permits are required and to which this article applies. However, lots half an acre and less need not have the plan prepared or signed by a landscape architect. 2 . No development whose building permit, or original building permit in the case of reconstruction of a destroyed or damaged structure, was issued prier to September 6, 1991 shall be compelled to conform to the landscaping requirements of this article unless new construction increases the overall square footage of the total site's or unified development' s structures by 304 or more over the square footage existing on September 6, 1991. No " development in a "BP" prefix zoning district whose building permit was issued prior to March 3, 1987, • shall be compelled to conform to the landscaping requirements of this Article unless new construction increases the overall square footage total of the structure by 30titor amore of unified square development 's Permitted on March 3, 1987 , • Square footage removed from a building cannot be • • counted toward the overall square footage of the XIV - 2 6/24/97 SECTION 18 Page 147 ,, .�., 25 -1 I D 37 x I D ii I , ZONING 14-200 j site. (For example: A development contains a ) 10,000 square foot building which is to be demolished and replaced with a 12, 000 square foot , building. For purposes of this Article, the amount of square footage added to the inventory shall be considered 12, 000 square feet.l There shall be no such pre-existing exemptions from the tree preservation requirements contained in Subsection 14-300 (G) and (H) , Tree Points. When expansion regvires conformance to the landscape standards, the entire development, including any parking lot, must be brought into conformance. Parking lots including but not limited to: truck parking, motor vehicle display, loading or storage area, boat sales or other paved surfaces which expand (where a structure is not expanded or where the structure is expanded less than 304) shall only be required to landscape and screen the new portion of the lot. Any parking lot expansion shall provide for 'replacement of protected tree loss as required in Subsection 14-300 (0) . (Amend { Ord 97-89, 6/24/97) 3 , Building sites which have an unexpired development plan approved prior to September 6, 1991 shall not be compelled to conform to the landscaping { requirements of this ordinance. 4 . If the lot is over two acres in size and the developer does not want to landscape the entire k lot or tract, the applicant may propose a building site delineation. The Building Official must determine that the site delineation satisfies the requirements of this article. The Building Official shall not approve a building site delineation which would in his opinion violate the spirit of the landscape regulations. The portion of the lot approved by the Building Official as a delineated building site must: a. wholly include the area on which the construction work is to be doner b. result in a tract that is determined to be O • viable for future developmentr k t XIV - 3. 6/24/97 SECTION 18 PAge 148 �5K o 3 xis I1 ZONING 14-200 c• need not be plattedr however, it must be { delineated on plans approved by the Building Official prior to the issuance of a building permitr and d. have no disturbance of existing trees outside the delineated area. If protected trees outsidE the delineated area are disturbed in orycause erits destructions tthenrthec loss of r the protected tree shall be mitigated through Treeal iRemovuPermit Subsection 4 RequirementsonProperty Where No Building Permit is Being Sought, including obtaining a tree removal prior to removing any trees on thee llot outside the delineated area. (Amend Ord 97- 89, 6/24/97) S . The landscape architect shall certify that the landscaping and irrigation systems are in place according to the approved plan prior to the issuance of a certificate of occupancy unless the Building Official approves a written request with / an opinion from the landscape architect that l weather or seasonal conditions warrant delay. Upon that determination, one three-month extension may be granted by the City Arborist. 6• The City Arborist, Building Official, or an authorized representative, shall have the authority to place a Stop Work Order on any or requiredchtrees, ocr ivisY contrary protected ethis ordinance. The Building Official, or an authorized representative, may deny all Permits and Certificates of Occupancy for any site which is not in compliance with this ordinance. (Amend Ord 95-137, 10/3/95) • 7 . Removal of trees from existing rights-of-way by other than a public utility require approval from the City Arborist . Trees removed by a public utility do not require City Arborist approval. (Amend Ord 95-137, 10/3/95) 8. The following are exempted from the tree point t•_ provisions of this Article: 0 • XIV - 4 l 6/24/97 SECTION I8 Page 149 E) n. 25 . 10 J 32X 1 I ' ' I eauwm a 0 ZONING 14-200 a . Trees removed in a dedicated right-of-way, utility and/or drainage easement by a public utility or contractor of a public utility, as authorized by the City Arborists (Amend Ord 95-137, 10/3/95) b. Property owned by the Parks and Recreation Department when performing maintenance and upkeep of the City' s parks or when making improvements to the City' s parks for nature trails, roads or paths; C. The removal of a tree which has disrupted a public utility service or otherwise presents itself as a danger to the public due to some catastrophe . However, only that portion of a tree may be removed which is necessary to restore normal utility service or public safety] and d. Diseased dying or dead trees as determined by the City Arborist. 9 . Property to which this ordinance applies and which { is across a public street right-of-way from, and adjacent to property zoned "F" Festival, shall conform to the festival street tree planting program requirements. b. eneral Requirements ` 1 . All landscape plans must comply with the requirements in Section 14, 200, 14-300, and 14- - 400. 2 . Tree points are awarded for preservation of qualified existing trees and/or planting of new trees of a certain size and species. The number of tree points required -dill vary based on the A existing number of protected trees on a lot, and the intent to remove these trees . 3 . Lots which do not contain any protected trees or protected trees which, by demonstration of the landscape plan are not to be disturbed, are not required to earn tree points since there is no loss of protected trees on the lot . 0 • XIV - 5 6/24/97 SECTION IS Page 150 h � C� 32x ❑ a laawei '^! ZONING 14-200 i 4 • Unless otherwise stated in this ordinance, all numbers 0.5 or greater shall be rounded up to the next whole number. All numbers less than 0.5 shall be rounded down to the next whole number. (Amend Ord 97-89, 6/24/97) C. SubatSSuta Plan 1. In lieu of the requirements contained in Section 14-300 and Section 14-400, a substitute landscape plan may be submitted to the Planning and zoning Commission for their consideration after public hearing and notification as required for zoning change. 2 . To obtain "tree points" required in Subsection 14- 300 (0) , offsite tree planting may be approved as a means of Compliance, or payment of funds into a tree replacement fund, as determined by City Council for reforestation of public lands, may be approved as a means of compliance, 3 • In order to protect certain trees of historical significance within the community, the City Arborist may defer the approval of landscape plans to the Planning and Zoning Commission in instances where a tree of historical significance is Proposed to be removed. Such consideration shall occur after a public hearing and notification as required for zoning change, The Planning and Zoning commission may enact additional replacement standards or require a cash payment to be deposited to the tree replacement fund to offst, the cost of future tree planting on public plan. (Amend Ordy97h89,a6/24/97) of the landscape D. 1�P.2uiresea s of a su+ stlttte Lsaderapa Plaa • 1. Such substitute landscape plan shall be submitted on reproducible mylar and 25 bluelines and shall demonstrate all the site development characteristics necessary for adequate evaluation by the Commission, 2 . The requirement of 14-300(H) , • must still be met, O • XIV - 6 6/24/97 SECTION 18 Page 15I 32X1 ❑ ZONINC3 14-200 3 . Prior to approval, the Commission shall find that such plan meets or exceeds the purpose and intent of this article . ' EXCEPTION: Transitional buffer and screening requirements contained in Section 14-300 (C) may be waived or reduced by the Commission in areas adjacent to those parts of athletic fields, recreational areas, playgrounds, and similar open spaces located at a church, school or park facility without a finding that the proposed substitute plan meets the purpose and intent of this article when no buildings, bleachers, paved surfaces, athletic field lights or outdoor speakers are located within twenty feet (201 of a common residential property line. The Commission shall not waive or reduce the transitional buffer or screening requirements for those portions of ' the recreational areas, athletic fields or open spaces where such improvements described above are located within twenty feet (201 ) of a common property line . (Amend Ord 95-117, 8/29/95) 4 . The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. written appeal must be made to the Director. of Planning and Development Services within ten (10) calendar days of the Commissions decision. Upon receiving an appeal, a "Consideration for Public Hearing" will be scheduled on the earliest possible City Council agenda. If the Council denies the Consideration, no further action is taken and the request fails. :f the Council approves the Consideration, then the substitute plan shall be scheduled for public hearing and notification. (Amend Ord 95-163 , 11/14/95) S . ypriatioas From as ADDtoved pl The Building • official or an authorized representative may approve minor changes from the approved substitute landscape plan when it is determined that actual site conditions require alterations, or the r equested variation has no impact o n adjacent , properties, and the landscape plan is not diminished towards compliance. (Amend Ord 95-137, ! 10/3/95) • ! XIV - 7- 11/14/95 SECTION 18 Page 152 � Q 32XID r�mr. i I ZONING 14-200 E• 8�iniatrat<ve Anp�oval of S W=A-Ma".. A l � Substitute Plan may be submitted to the Director of Planning and Development Services without submittal to the Dlanning and Zoning Commission under the following conditions : I. When an expanding development is required to plant trees internal to its existing parking lot . The substitute plan must show the same number of trees as required in the parking lot but planted in the landscape setback and internal and peripheral to the parking lot . The Director of Planning and Development Services must find that the overall intent of the ordinance is being met. 2 . when an expanding development has existing trees and landscape islands internal to parking areas which are smaller than required and/or the spacing does not comply with the ordinance requirements. 3 . New development on lots with trianrle shapes, or other odd configurations, or lots with existing easements which cause minor encroachments into the required transitional buffer. The encroachment must not remove more than 20k of the required transitional buffer of the original buffer, and the original number of trees must be provided. 4 . The Director of Planning and Development Services shall have the authority to withdraw approved substitute landscape plans at the request of the property owner, (Amend Ord 97-89, 6/24/97) 51 The Director of Planning and Development Services must determine the external impacts on adjacent properties are not significantly increased and the overall intent of the ordinance is being met. rf the Planning Director denies a request for an administrative change, the request automatically is forwarded to the Planning and Zoning • Commission, unless withdrawn. (Amend Ord 97-89,, . 6/24/97) F. 1!kM-it Reanirementfi: A landscape plan submission must consist of 2 copies of blueline or blacklins Prints. The plan must have a scale of 1" equals so, or larger (e.g, , 1" equals 401 , 1" equals 301 , etc.) and 0 • • be on a standard drawing sheet of a size not to exceed 24" by 36". A plan which cannot be drawn in its xlv - e 6/24/97 SECTION I8 Page 153 h ' ii nn I Y I { 1 r ^ , r r f jr 5 I ry s O f 4 i ZONING 14-200 entirety on a 24" by 36" sheet must be drawn with appropriate match lines on two or more sheets . Such plans shall comply with the provisions of this article and shall include the following: 1 . Date, scale, north point, and the names, addresses and telephone numbers of both the property owner and the person preparing the plan. 2 . Location of existing boundary lines and dimensions of the lot, the zoning classification of the lot, and the zoning classification of adjacent properties . A vicinity map shall be attached to or made a part of the plan. 3 . Approximate centerlines of existing water courses, the lo:ation of the floodway, and the location of existing and proposed streets and alleys, utility easements, driveways, and sidewalks on or adjacent to the lot . 4 . Project name, street address, and lot and block description. S . Location, height and material of proposed screening and fencing (with berms to be delineated by 11 contours at a maximum 3 to 1 slope) . (Amend Ord 97-89, 6/24/97) 6. Locations and dimensions of proposed landscape setbacks and transitional buffers, in addition to the level of transitional buffer required. 7 . Complete description of plant materials shown on the plan, including names (common and botanical name) , locations, quantities, container or caliper sizes, heights, spread and spacing at installation. ' • r 8 . If tree points for existing tree preservation.,are claimed under Section 14-300 (0) , Point Accumulation, the landscape plan must identify all trees for which credits or points are claimed, indicating their calipers, species, whether they are classified as a canopy or understory tree and • the number of credits and/or points claimed for O • each tree. (Amend Ord 97-89, 6/24/97) i XIV • 9 I 6/24/97 SECTION 18 Page 154 32 x I V l C ZONING 14-200 I 9 . Inventory and indicate the location of all trees Of 8" and greater caliper. Complex sites may. require trees to be tagged in order to verify the survey. Trees shall be identified by size, species, and as to whether they are classified as a canopy or understory type. (Amend Ord 95-137, 10/3/95) 10 . Identify all required replacement trees as determined in Subsection 14.300 (G) , Tree Points, including size, species name, whether they are classified as a canopy or understory tree and general location to. be planted and the number of points each replacement tree earns based on the criteria in Subsection 14-300 (G) . (Amend Ord 97- 89, 6/24/97) 11 . A description of how existing healthy trees Proposed to be retained will be protected from damage during construction. 12. Parking layout and number of parking spaces provided. 13 . Size, height, location and material of proposed ') seating, lighting, planters, sculptures and water features. , 14 . A description of proposed watering methods. I 15. Location and dimensipns of visibility triangles on the lot. 16. Certification that the plan meets the requirements of the landscape standards, signed and sealed by the landscape architect. (Amend Ord 97-89, 6/24/97) G. 1nforcemeat o! Tree Preservation Slsadnrde 1• Offeas Each tree removed in violation of this Article shall constitute a distinct and separate offense. i 2 . Affirmative Def rse a. It is an affirmative defense to any enforce- O r ment action for trees removed in violation of l XIV - 10 6/24/97 SECTION 18 Page 155 25 x 1 � 32XIO l 4 l , •i 1i l O u ZONING 14-zoo this Article that replacement trees have been planted in accordance with this Article. b. It is an affirmative defense to any enforcement action for trees removed in violation of this A*.title that payment of funds for removal of the trees have been made into the tree replacement fund in accordance with this Article. C . It is an affirmative defensa to any enforce- ment action for trees removed in violation of this Article that a waiver has been granted in accordance with subsection (3) below. _ . Waiver of Tree Remoyal Recuirementa. Following a public hearing , the City Council may, in its sole discretion, grant a waiver from the tree removal requirements of this ordinance upon a written agreement to transfer property to the City- for park or other public land upon a finding that such furthers the public interest of preservation of trees and/or establishment of parks and open spaces which are beneficial to the health, comfort and pleasure of the citizens of Arlington. (Amend Ord 97-39, 3/25/97) • Section 14-300 Requirements A. Minimum width of Laadacaoe Setback: There shall be an area with a minimum width required in subsection (1) below, adjacent to all public street rights-of-way in which there is no paving or buildings and in which there shall be landscaping, Roof overhangs and awnings are permitted vithin this area as long as no conflict exists with the required landscaping. (Amend Ord 95- i 137, 10/3/95) 1 . Minimum Width of Lands cgya 8atback a. The landscape setback shall be measured from the right-of-way line as shown on the Thor- oughfare Development Plan for major streets and from the existing right-of-way for all non-Thoroughfare Development Plan Streets. I b. Twenty feet adjacent to controlled access �N freeway. O • I XIV - 11 10/3/95 i SECTION 18 Page 156 (' ;�S .I ❑ 32x ❑: k C ZONING 14 -300 i C. Ten feet adjacent to other public streets, excluding alleys. d, where a deceleration/acceleration lane and r transition area has been dedicated, a parking facility may encroach into the required setback area abutting such lane and transition area, provided, however, that : (1) The Building Official may authorize encroachments into a landscape setback where unique property characteristics exist. The reduction in landscape width shall not allow a reduction in other required elements of this ordinance . (a) No parking facility shall be located within 10, of a right-of- ` way line of a controlled access freeway; or (b) Within 51 of a right-of-way line of any other public street; and I (c) Required landscaping (shrubs, i trees, ground covers) and wheel stops required provided; ired may ybeclusteredein remaining setbacks not adjacent to the acceleration/ deceleration lane. (Amend Ord 97-89, 6/24/97) 2. Ccveraaa a. Landscape setback shall not be covered with any impervious surface except sidewalks and drive approaches and shall be planted with ground cover or grass'. All sidewalks and drive approaches shall be approved by the Building Official and shall not defeat the • intent of the landscape standards. b. Loading areas, outside storage and outside display areas shall not encroach into the J landscape setback. 1 3 . Aecuir�d Trees= a . One tree for every 35 linear feet of public street frontage, excluding drive approaches. ` I XIV - 12 6/24/97 SECTION 18 Page 157 # Q 32x ❑ !, c t � r , . i '1 f f 1 1. 1 20NINfl r 14-300 b. Trees may be spaced 20 ' to So' apart . ` e, Parking Lot Screeninc: Parking, maneuvering, loading areas for people, or vehicular display and storage and boat areas which are not screened by on-site buildings or fences shall be screened from view of public { streets. (Amend Ord. 95-41, 4/25/95) 1 . The screening shall be a minimum height of 31 above the grade of the parking lot and adjacent to the parking lot. Schools shall screen parking lots with a minimum 2' screen. 2 . Screens - Screening shall be opaque and consist of one or a combination of the followingo a. Screening shrubs. b. Walls . C. Berms, 3 . plant t2ecifications - Screening shrubs shall be spaced a maximum of 3 ' on center and shall be a minimum of five gallon containers, and shall be capable of reaching a minimum height of 3 ' within 18 months of planting. 4 . This screen shall occur within the landscape setback or within the area where it is most effective . (Amend Ord 97-89, 6/24/97) 5. Wall structures shall be masonry. 6 . Minim= grade. The maximum acceptable grades for screening areas, such as sodded berms and planting beds shall be 1 to 3 (i.e. , for every one foot in height, the berm must be 3 in widthl . 1 . Wheel stops shall be provided for pat-king spaces adjacent to a landscape setback to prohibit any car overhang over the planting area. Wheel scope shall be located 21 from the landscape setback. ,Y t r x6/24/97 SECTION 18 page 15� , 4 K 10 32 0. 11 !r l a .L' i rS •'I. , i f,�. � •.�f:.r I :� y� � 1 1•' ( •L 1 • `y K t• VI 1 h I• r . I Ill I i 1 . S A ZONING 14-300 i I I I Figure 7 F Landscape Setback Parkway Sidemlk\ Vslb7ity Triangle STREET Right-Of-Way Line + + + Landscape - Setback I One Tree + + r every 35 linear feet s paced 20 to 5 � 0 feet apart Restauunt 24 + ~+ ' Screening Shrubs } niLLLLLU • I 1 j • I 1 It ' • ! r' XIV - 14 6/24/97 SECTION IS Page 159 f i - - 75K10 , aXla t} r A 1 O 11 1 I•� t} r r • ... r .',ll�rr ter' ZONING 14-300 C. Transitional Buffers: Transitional buffers are I required along common property lines of incompatible zoning districts which are not adjacent to a public street right-of-way. Alleys do not count as public streets and thus still require transitional buffers . Certain types of land uses require more parking, storage of raw materials, more traffic, or are visually incompatible with land uses than are others. Therefore, three different levels of transitional buffers are provided. Any given parcel may require different levels of transitional buffering depending on the zoning designation of the adjacent properties . 1 . Only those properties which are adjacent to properties with less restrictive zoning districts are required to have transitional buffers as established in Table A. Unified developments do not require transitional buffers internal to the site. 2 . Nonresidential uses in residential zoning districts shall be treated as if zoned "MF14", in terms of determining the required level of transitional buffer. However, elementary and junior high schools ' transitional buffers shall be limited to a minimum of 10' . 3 . The required transitional buffer for non- residential uses allowed in a residential zoning district and located in a more intensive district shall not be required to exceed Level 1 when abutting properties zoned for low density residential uses but actually used for non- residential uses . Use of this subsection is allowed regardless of the zoning district of the subject property. (Amend Ord 95-33, 03/28/95) . , 4 . Playgrounds or parks which do not contain' a structure or paving within 30' of a common residential property line are not required to have any transitional buffer. j S . Loading areas, outside storage and outside display) areas shall not encroach into the transitional 1 1 buffer area. f XIV - 15. 6/24/97 SECTION 18 Page 160 � I r 25 10 32X I � 4 - ZONING i . 14-300 I a 6. The three levels of transitional buffers shall consist of strips of landscaped open space according to the following standards. (Amend Ord ` 97-89, 6/24/97) } ' Figure 2 Amount of Transitional P,jffer Required Between Adjacent Zoning intensities G I realest , Amount Of Buffer Level Three INDUSTRIAL (4Q7 ZONING ' SINGLE' FAMILY Level Two OFFICEI ZONING (3Q� ZON GERCIAL I Level One (20'} MULTI-FAMILY ILY ` Least ! •} Amount Of Buffer i I I r t t • RIv - 16 6/24/97 Ii SECTION 18 Page 161 32 x ❑ e>swee� , , • • r moommommmoremmm r, 0 i M t? ZONING 14-300 Table A Levels of Transitional Buffers Zoning of Subject Property E,R, MF•14, 0,NS, R•1, R-2, MF48, CS, 8, DA D•" MF•22 f• U, IM E. R. R•1,R•2,TH, D a L� t L Level 20) (301 (4P> MFT4, Leve12 Level MF•18,FAF•22 � El (307 (40) 9 O,NS, CS Ft. Level 1 , o SCTPB•SCTBS a 0' (�1 S,Li, IM, 0' ED N SCTLI •SCTM2 p 0 "PD" Planned DaveiopmenNe dependent on the dansity ordevelo ment. Uru6ed development not squired to tun Mdemai IranWlonel buffers. ' For nonresldeMlal use adjaaM to resdenial use m'F'dtetrld,tha tran"Mal buffer shall be W. • • C N'M o n n ti inter m S 01'MOrMIiAdmenp t"r eVtrivadl enol ol U lt"amai However,Elemrntry aM hmar Mp &0 oe DaRer sho1 loo li ntmoend toe mnmum or ten heL e d • "8P" No traneltian buffers than be required for'8P'Pre Pe d evkb sbuttlng oNet P'd'sblds. No banslWn bung,rim n nquired'aP'prelGed thorn"aburiing monr'8P•ronaesidentlald'vsbkls. kred Tran"on buffers for'8P'prebt cyst"abutling none Bp'pr a residential districts Mao be determined by the SOL%41"shown In Table A. 1rhe rules abe ve for traneltionai buffers•Mrs$10 APP Y to Pr"Pe"m toned'SCT•8P'. z. LsveI 1 : s (1) Width requirement of transitional buffer 0 shall be a minimum of 20 ' . (2) When residential adjacency exists (along f common propnrty lines with properties 2Oned "fi", "R", "R1" , "R2"v "TH" or "D") J the provisions of Article XIII shall apply. when industrial zoning exists adjacent to office/commercial zoning screening XIV - 12 6/24/97 SECTION 18 Page 16 IRR- 32x ❑ i 1 q'1 r - 51 •1 o Q r' � ' 1 •`r I r,wnnrcv ZONING 14-300 i I 1 II it shall of Article XIII, Table B l apply. (3) Trees required - One tree within every - 600 square feet of the transitional buffer. (Amend Ord 97-89, 6/24/97) Figure 3 Level One Transitional Buffer L I MULTIFAMILY r20'Trens%nel BuNer One Tree wfthln every 600 sq 4 I &Ix Foot Screen 4 SINGLE FAMILY RESIDENTIAL ZONING Aropertyune k I b. Level 2 ; (1) Width requirement of transitional buffer shall be a minimum of 301 , (2) When residential adjacency exists (along ' .' common" property lines with properties S zoned B , eR", "R1", "R2", "TS" or "D") p the provisions of Article XIII shall 1 - apply. 1 ; (3) Trees required - one tree within every 600 square feet of the transitional 'I p buffer. (Amend Ord 97-89, 6/24/97) XIV - 18 6/24/97 SECTION 18 Page 163 �t r, , 7, P c f I , ,p.' f �.3 �f 't.l� , Y v,• '. k I r �. V '- ."� i n i • I fFy w T,, j �. I A 1 1 1 4 • r ZONING 14-300 f Figure 4 Level Two Transitional Buffer I + + + I 5.. ry; Office/Commercial �e 3' 30'Transitional Buffer One Tra wtNln wary 600 aq A I + + ♦ + + + Slx Foot Screen , Property Line SINGLE FAMILY RESIDENTIAL ZONING LE•� _I 1 : (1) Width requirement of transitional buffer shall be a minimum of 401 . ~ . (2) When residential adjacency exists (along common property lines with properties zoned "E" 1 "R", "R1" "R2", "TS" or "D") the provisions of Article XIII shall apply. (3) Trees required - One tree within every 600 square feet of the transitional . buffer. {Amend Ord 97-89, 6/24/97) a XIV 19 6/24/97 SECTION 16 Page 166 j 1 i ' � 1 z 1 1 r I 1` 1 Il e ZONINC3 , a 14-300 Figure 5 Level Three Transitional Buffer � G Industrial & Manufacturing f y f =.r 10'TrensMomef Buffer One Tree wHhfn every 600 eq R , I s T r` Sfx Fool Screen Property Une SINGLE FAMILY RESIDENTIAL ZONING , f ,+ I , r 1 XIV - 20 f 6/24/97 t SECTION 16 Page 165 t, r i ' i . ,� L i :f � i 6 "fir • ".1 . f fitaa+ex i 0 2NAWMM i ZONING 14-300 Figure 6 Berms Combination Berm and Screening Wall /3'Masonry Screening rte/ Screening Height sw96 ! Awnga 3'Height Berm te Combinslion Berm and live Evergreen Screen 3'the Evergreen Semen 8' screening Height g�oPe Avenge 3'Height Berm S e' ' n D. bandscaciag interrll To parking Areasr Any parking area which contains more than 20 parking spaces, which are not adjacent to a required public street right-of-way, shall provide interior landscaping in addition to the required perimeter landscaping. Tanden, parking spaces are not included in the calculation. 1 . Required Landscape Area • Q 0 XIV - 21' 6/24/97 SECTION 10 Page 166 �It r : 9 { 1" f IZ�° 1 1 etil *gin ^ X t N'rnC ,f k' y hty ': ' i t •,�. 1 . • l v i%` 5 1 . r • TT c. j ZONING 14-300 $. Required landscape islands shall be no { smaller than a standard parking space (162 square feet) . b. There shall be one landscaped area for every I4 20 spaces or fraction thereof . I C. Required landscape islands shall not be separated by more than 40 parking spaces . d. Every required landscape island must include one tree. e. All landscaped areas shall be protected by a raised concrete curb. f• No paving shall be permitted within 4' of the , center of a tree. g. For purposes of determining tree spacing, parking spaces can be counted in any rational sequence . h. In order to preserve a protected tree on- Site, the Building official may authorize up / { to a five percent (54) reduction in the ` } reQiired number of parking spaces, or a five percent (54) reduction of certain parking space sizes, if the City Arborist determines that reduction in the number or size of certain parking spaces will preserve a protected tree that would otherwise be ired Nothing in thisidsection rshalled ppAllowkithe i Building Official the authority to reduce the entire required parking space size or number by more than 54 . This provision must be enacted only in instances whare a protected { ^ tree is to be preserved. f ' i 1 r x1v - 22 6/20/95 SECTION 18 Page 169 4 r 3 2 x I D r 1 r � 1 r Manseem q ZONING 14-300 Figure 7 Landscaping Internal to Parking Area r Vls1bjlityT0ng1e STREET Parkway Sidewalk r l + -e-Property lJne Landscape Setback Shrubs Wheel Slo s One landscaped area D par 20 rkingepaas 1 ! ! 4 1 1 1 1 / 11 U a fraction to oral. lellnde/hell nol w separated by more � than 10 epacee, 1! 14 15 16 17 16 1 ♦1 2 1 I 1 One tree per regWrod landscaped area 1 rl i 7 1 f 10111? I� II t! 161716 + I ! ! a ! et a aloft / Required landscaped areas 1 T a minlmum of 1021¢ft ath 11 1! 11 15 16 17 11 I ! ! 1 + S 1 7 6 110 II 11 tl 11131117 i 1B 1 + 1 ! 7 4 1 1 7 1 1 10 11 19 U . Conn"re'Il Building 1 I i • 2 . Exemptions a . Parking garages are not required to have s landscaping interior to the parking area. ri b. Parking spaces abutting a public street e l right-of-way are not required to have internal landscaping because they benefit O • XIV - 23 6/29/95 SECTION 18 Page 168 r' 5 * 10 32XIO 0 ZONING 14-300 from the requirements of the landscape setback. Figure 8 Exempt Parking Spaces from Landscaping Parkway STREET Sidewalk Ltndeape Setback(10') L � Y 111111{St Excluded kom the requirtmonh OF Into mat land so@ ping _ y"�'� ``J2 MYt wr � f',. 'h`. ��.' i,��. w nr� i lil I.1 ,� �ll iTl. , , d + E• Additioaal Ra irnd TzeaDua to OverearkjAg. Additional trees not otherwise required by this Ordinance, shall be required to be planted or preserved on-site when parking for all uses, except churches, is 4 provided which is greater than lot of that required by ordinance , The number of additional trees to be Planted or preserved on-site shall be equal to 1 tree per 3 parking Spaces provided which are in excess of the required amount of parking spaces, plus lot . (For example, a commercial use is required to provide loo parking spaces, Another 25 parking spaces above that required by ordinance are provided, Exempting the first lot of excess spaces - i ,e. lot of 100 required spaces is 10 spaces - an excess of 15 spaces are provided. The applicant is required to provide, on- site, 1 additional tree per 3 excess parking spaces, for a total of 5 additional trees .) (Amend Ord 95-337, 10/3/95) F' l ss�4� _Sxlstlna Tree With the concurrence of the City Arborist existing trees may be used to satisfy the tree planting requirements, The City Arborist Shall consider the location, type and size of trees, their health, and the degree of protection received both during and after construction. Exampler An 0 existirg tree internal to the parking lot may only be XIV - 24 6/24/97 SECTION IS Page 169 10 32XIO O y ZONING 14-300 applied toward the requirements for landscaping in the parking lot . (Amend Ord 97-89, 6/24/97) G. Tree Points. This section provides for a methodology for tree removal and replacement. Tree points shall only be determined when there are trees 8" or greater caliper which are being destroyed or removed. The intent is to protect certain size trees and require that their loss be mitigated through replacement . one tree point shall be equal to one caliper inch . Fractions shall be rounded to the nearest one-half inch. Compliance with this section shall be obtained when the number of tree points earned through replacement or retention equals the number of tree points removed. 1 . Determining Tree Points Lost on a Lots To determine the number of tree points required by this section, inventory and combine the total caliper inches of all protected trees which are to b, timoved and which are: a. Located within the Building Pad and are at least 30" or greater in sizei and b. Located elsewhere on-site and are at least 8" or greater in size. C . This list of tree points shall be separated into caliper inches removed of canopy or shade trees and those classified as understory or ornamental trees. If there is a question as to classification, determination will be made by the City Arborist, The total of the requited inventories represents the number of tree poince which must be earned through tree replacement or retention of existing • trees. Canopy or shade tree inventory must be replaced with canopy or shade tree inventory and understory or ornamental tree inventory must ba replaced with understory or ornamental tree inventory. • 2 . Determining Tree Points sarneds To determine the number of tree points earned, inventory and Q • XIV - 25 6/24/97 SECTION 18 page 170 I. I 11 1 l 1 1 •euua� 0 ,ter 1 1 ZONING 14-300 f � combine the total which are: caliper inches of all trees a• Preserved trees identified on the landscape andn between 3 and 8 caliper inches in sizes 1 b. Newly planted trees identified on the landscape plan 3 caliper inches or greater in size, The total of the two inventories represents the number of tree points earned, Trees planted in accordance with Subsection 14-300, Requirements, may be counted toward tree points . All replacement trees installed must bf: at least three inches (3 ") of caliper at the tine of planting in order to earn tree points. C. Additional tree points may be earned for the following: (1) Bonus trees, as set forth shall earn one-half additional tree points per caliper inch planted or preservedt and { (2) Trees meeting the definition of ' significant stand" anti identified on the landscape plan as "to remain" shall earn one-half additional tree points per caliper inch preserved. (3) Bonus Tree List : Trees whose Preservation is encouraged through the granting of additional points when preserved. For Ordinance, the following purposes trees shall be granted bonus points according to the " terms and conditions of this Ordinance. These trees are native to the Arlington area: Canopy-types American Elm (Ulmus americaaa) Bigelow Oak (Quercus sinuata) Black Hickory (Cary& texan&) r Black oak (Quercus velutina) O • Black Walnut (Juglans nigra) 1 XIV - 26 6/24/97 SECTION 18 Page 171 i xlo 32x1 ❑ q5 `� '1'. � t �ll 'r p• t , y�4 , ' , " ai- T M, { St " S ,�� � . 1 r 'i . p,. �, , , r •i i ZONING 24-300 Blackjack Oak (Quercus marilandica) 1 Bur Oak (Quercus macrocarpa) Cedar Elm (Ulmus crassifolia) + Chinquapin Oak (Quercus muehlenbergi) Eastern Red Cedar (Juniperus virginiana) Eve' s Necklace (Sophora affinis) j Green Ash (Fraxinus pennsylvanica) Gum Bumelia (BUmelia lanuginosa) Live Oak (Quercus fusiformis) Mesquite (Prosopis glandulosa) Pecan (Cn r}'a Illinoensis) Past Oak (Quercus stellata) Red Mulberry (Morus rubra) Rusty Blackhaw (Viburnum rufidulum) Shumard Red Oak (Quercus shumardi) Texas Ash (Fraxinus texensis) Texas Oak (Quercus texans) Texas Walnut (Juglans microcarpa) Thornless Honeylocust (Gleditsia triacanthos v inermis) Western Soapberry (Sapindus drummondi) White Ash IFraxinus americans) Winged Elm (Ulmus alata) Underatory Treess Black Cherry (Prunus serotina) Carolina Buckthorn (Rhamnus caroliniana) Deciduous Holly (ilex decidua) Hercules Club (Zanthoxylum Java-herculis) Mexican Plum (Prunus mexicana) Native Hawthorne (crataegus spp. ) Green Cockspur, Downy, Reverchon and Little-hip Permsimmon (Diospyroe virginiana) Prairie Flame-leaf Sumac (Rhus lancsobta) Redbuds (Cercis Spp, ) Texas Buckeye (Aesculus arguta) + ` Other trees, as identified by the City Arborist as being deairable in this area, may be credited additional bonus points in accordance with the provisions of this ordinance. x6/24/97 k SECTION 18 Page 172 � a x 10 32XI ❑ B r 1 � f 1 i ZONING 14-300 ! s Protected Trees Removed Canopy Trees Understory Trees sit Ca 12" none removed. 31H •601 Canopy Tree Points -0 Understory Tree Points Trees Preserved and Planted Canopy Trees Tree Pointe Bonus Points Bonus Pointe Post Oak 14- 0 native species significant stand Post Oak an 7 0 Post Oak 70 0 4 4 { Post Oak 40 7 3.6 3.5 Post oak 6- 4 T 2 Cottonwood 6- 6 3 3 Live Oak 30 6 0 0 Live Oak 3- 3 3 Chinese Pietache 3.... 0 0 f 7 ...........2].S- .................7 \ , Positive Tree Points ).1 67 total Negative Tree Points {.) 60 f+) 7 Positive Tree Points No additional mitigation is needed XIV - 28 6/24/97 SECTION 18 Page 173 4�fr Teti,... 25 x 10 32 X I O. A7 "LI i�` +, n• �1 .� .% � � �.� 1 .5 [� , 4 ,�1�11h4 Ir� 1 1`,°F'"t ���4 � � � ' aH � " � i i. In i. x � • t� � , a. r t I ` 0 Y r .. I t . � 1, T • M _.r';'y. .n Y.ui: �' � ' n:�. ... � e... .�•K,.,.afsMN�ntl�n�l1N'PA'Ir�a. .r r�, .,' w ! ZONING 14-300 4 I Figure 9 Illustration of Tree Point System . ..- - - ..- -..,......................./........_.. ...._._........._ . ..... ...._� h r -Drainage Swale "'8�`S' r . . r . . + +e cw Parking •s• Building E w Area (�� _ (� Si E _ rQ '+ s *� ' •24' I � I i 'Q d sa . I LO LO C + g Po - Loan; + Removed or Impeded Tree Type of Tree PO- Post Oak O Proposed Tree CW-Cottonwood. LO-LNeOak Preserved Tree CP-Chinese Pistachio O i , r jV_ XIV - 29 ! 6/24/97 SECTION It Palle 171 I 3 2X 10 l a � • 0 n 4 r ZONINti 14-300 r 3• Compliance With This Section, Compliance with ` this section shall be obtained when the number of tree points earned through replacement or retention equals the number of tree points removed, Points for preserved (existing undisturbed) trees shall be granted by the City Arborist subject to the certification by the landscape architect that the preserved trees indicated on the approved landscape plan conform to the following conditionsr a. A minimum of 754 of the critical root zone (CRZ) shall be preserved at natural grade, with natural ground cover. b. No disturbance of the soil greater than 4^ will be located closer to the tree trunk than one-half the CRZ radius distance. This statement shall be included in the written notification filed with the City Arborist as required in Subsection 14- f 200 (A) (S) . `r C. If' the City Arborist determines that an otherwise protected tree is in danger of Arborist@ may crequiretadditionalc tree hpoints be earned to offset the potential loss of the affected tree. d• Tree Protection, The following measures shall be undertaken prior to the commencement Of constriction activity on-site in order to preserve trees, (1) Tree flaggingr All trees to be preserved shall be (legged by the developer with brightly colored vinyl tape w r heightofpapproximately 41 ortmo a such that the tape is visible to workers on foot or driving equipment . (2) Protective fencing, All preserved trees remaining on-site shall have protective 0 fencing, installed at the expense of the developer, located approximately at the XIV - 30 i 6/24/97 SECTION 19 Pase 175 I , i 25 r 10 32x10 S i ZONING 14-300 \1 tree' s drip line. The protective fencing may be comprised of brightly colored vinyl construction fencing, chain link fencing or other similar fencing with a 4 ' approximate height . In instances where the City Arborist determines protective fencing is not practical, the tnink of the preserved tree shall be protected by enclosing the entire circumference with lumber encircled with wire or other stabilizing means which does not damage the tree. (Amend Ord 97-89, 6/24/97) H. Tree Removal Permit Re jizem eeatm on P_rgyerty Where No Building Permit Is Being Sought 1 . Applicability, This subsection shall apply in situations where no building permit is being sought. EXCEPTIONr Properties zoned "A" , "E", "R" , "R-1" , "R-2"1 11TH", "D" and "MH" districts and intended for single family, duplex, or mobile home purposes, and "PD" plans approved for such uses; 2 . Procedures a , Before any tree can be removed, cut down or dPstroye�:, a tree removal permit rest be obtained from the City Arborist , in accordance with the terms and provisions of this Article. Diseased, dying or dead trees may be removed, by permit, and without mitigation, if approved by the City Arborist . b. In order to remove trees at least eight (8) caliper inches in size or greater, on property on which a building permit is not being sought, a tree removal permit must be obtained from the City Arborist prior to, any action which removes or causes the destruction of a protected tree , C . Obtaining a tree removal permit will require the payment of two types of fees . A tree removal permit is assessed in all instances O when tree removal is being sought. Additionally, a tree replacement fee will be XIV - 31 6/24/97 SECTION 18 Page 1 3 2x � �r MMMM���M%JLMJUJLMW ® r ,*Nam ' Q lid .. ZONING 14-300 assessed when the tree to be removed is not t replaced, by caliper inches on a 1 to 1 ratio on-site. In that instance, a tree replacement fee will be assessed to fund the reforestation of the community on publicly owned lands. The tree replacement fee may be waived by the City Arborist in cases where replacement trees will be installed on-site. d. A tree removal permit will only be issued after a tree removal permit fee and tree replacement, as authorized by City Council, are paid, and/or the applicant replaces the removed tree (s) with tree (s) equaling the total number of caliper inches as those removed by permit . e. Replacement tree planting must be provided j on-site unless authorized in writing by the City Arborist. If replacement trees are planted in lieu of payment of a tree replacement fee, the permit shall indicate the location by legal description or street address where replacement trees are located and the installation date, as agreed to by the City Arborist, f . The City Arborist shall determine the feasibility of planting replacement trees off-site. If it is determined that replacement trees cannot be feasibly located on-site, payment to the City of a tree { replacement fee is authorized as determined addition Ctonany tree iremoval hpermit feedand Shall be held in a separate account to be used exclusively for future installatior, of trees within public lands owned by the City ; of Arlington. ♦ g. In order to protect certain trees of historical significance within the community, the City Arborist may defer the decision regarding a tree removal permit to the planning and zoning Commission after a public hearing and notification as required for . zoning change. In instances where a tree of p significance removed, the lanning s and Zoning Commission XIV - 32 I 6/24/97 SECTION 18 Page 177 32X n e c ZONING 14-300 r ` may enact additional replacement standards, require a cash payment to be deposited to the tree replacement fund to offset the cost of future tree planting on public property, or deny the approval of the landscape plan. The applicant may appeal the decision of the Planning and Zoning Commission by procedures described in 14-200(D) (4) . h. In instances where tree preservation is occurring, the tree flagging provisions contained in Subsection 14-300 (G)d, Tree Protection, shall be enacted to aid in preserving trees to remain. (Amend Ord 97- 89, 6/24/97) I . Visibility Triangles Maintained 1. Visibility triangles shall be maintained on all plans following the stated regulations in Article IX of the "Streets" Chapter of the Code of the City of Arlington. 2 . Nothing in this ordinance shall be construed as / permitting any obstruction to view which may constitute a traffic7 hazard as specified in Article IX of the "Streets" Chapter of the Code of the City of Arlington. On the contrary, it shall be unlawful for any person to erect or place or cause to be erected or placed on any property under his control any hedge, tree, shrub or other growth or any fence or wall or other stricture in such r. manner or at such location as to constitute an obstruction to view creating a traffic hazard. 3. It shall be unlawful to set Out, maintain or permit or cause to be set out or maintained any tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having a height greater than 2 ' as measured from the top of the curb of the adjacent streets within any visibility triangle as defined herein. This restriction shall not apply to permanent buildings authorized by the Zoning Ordinance or to traffic control signs, traffic controller cabinets, traffic control hardware and equipment, traffic control • fix,:ures, street signs, traffic control signals, fire hydrants, utility poles and any other XIV - 33- 6/24/97 SECTION 18 Page 178 { 2 ) 32 x � l i.. , 1 1, .4' • f" Y I 1 , O : 1 Y l 1 1 IY I rd ' i .. .eau. Wrrn.-.r. . . ..... i a. r ... -. .. � � • � ZONING 14-300 I utility-related equipment placed within such area \ by authority of the City Council . 4 . It shall be unlawful to set out, maintain or permit or cause to be set out or maintained any tree, shrub, plant, soil, fence, retainer wall or other view obstruction within any parkway area ' which exceeds 2' in height above curb level . This Prohibition shall not apply to trees within the Parkway area not more than IV in diameter, when !' measured 21 above curb level, when such trees are t. trimmed at all times, so that no branch or growth is less than 10, above any portion of a City street or 71 above curb level at all other points . (Amend Ord 97-89, 6/24/97) a / P ' „ ' r �A '8 , I XIV - 34 6/24/97 R SECTION 18 Page 179 ; .. 2.r) 32XID et} N IMMAE 1 "View" ZONING 14-300 Figure 10 Figure ? Figure2 Uncontrolled Intersection 1-2 Way Stop or Yield Controlled I � l .Iwla I I i l rn I ' �Pro;arty Line ___ Property Una i I T STREET 25 Curb STREET Curb stop or g Yield sign I I Typical II lI 25'X 25'Vrsiblity Triangle 7 x 67 V34 T11 140 Typical on All 4 Corriere Typical on Ail 4 Comae Figure 3 Figure 4 3-4 Way Stop or Traffic Signal Controlled High Usage Driveway at any Public Street I pro rty A e STREET T Curb DRIVEWAY j SIoD or Yield Sign Typical a el ' Two 7r z 60' YslbiVy Triangles V X 77 0sibliry Tdangla Typical ! Typical on an 4 Comae Variable Distanoe •A Minimum of Eight(8)Feet Clearance Must Be Mairdained XIV -'- 35 6/24/97 SECTION 18 Page 1 32X � LJ is A ; . 1 ZONING 14-300 i - I J. Geaeral Main e. and Irriearioa. 1 . Maintenance Required: a. Landscaping installed as part of the requirements of the landscape standards must be maintained in a healthy, growing condition at all times. b• The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings, including parkways, as (Amend Ord 95.137, 10/3/95) C . Any plant or tree which is planted as a result of the requirements of this ordinance, , credited or is of the requirements a ofedthisntordinan.e result that dies must be replaced immediately with another plant or tree that complies with the approved landscape plan. 2. Irrigation Required: a . All landscaped areas shall be irrigated with an irrigation system capable of providing the proper amount of water for the particular type of plant material used. irrigation will be provided by an underground sprinkler system, or a subterranean drip system as approved by the City Arborist. Exception: Hose bibs may be used in land- scapo areas not required by ordinance or on commercial developments whose total lot area is one-half acre or less in size, and placed so that any portion of the landscaped area can be reached with a fifty foot (50') home. 0 (Amend Ord 95-137, 10/3/95) b. Automatic underground sprinkler systems shall be equipped with a freeze guard set at 38°F. C. Areas of open space which contain preserved Arborist a determines i irriga ionf would Cibe 3 0 1 harmful to the preserved trees. l XIV - 36 6/24/97 SECTION 18 Page 181 I O q ZONING 14-300 r \ K. Prohibited Plant List. The plants on the following list shall not be used in order to fulfill the planting requirements of this ordinance. However, they may be used to supplement the requirements, if desired. (Amend Ord 97-89, 6/24/97) 1 . Trees Common Neme Scientific Name Arizona Ash Fraxinus velutina "Arizonia• Bois D'arc Maclura pomifera Cottonwood Populus deltcides Siberian Elm Ulmus pumila Silver Maple Acer saccharinum Mimosa Albizzia julibrissen Mulberry Morus albs Lombardy Populus nigra italics Poplar Chinese Sapium sebiferum Tallow Arborvitae Thule accidentalis Weeping Salix babylonica Willow 2 . Shrubs Common Neme scientific Name Euonymus Euonymus japonicus Ligustrum Ligustrum laponicum Pittosporum Pittosporum tobbira Loquat Eriobotrya japonice Oleander Nerium oleander Section 14-400 Site Features Screened A. Outside Storage Areas and Loading Docks - All storage areas and loading docks not screened by an intervening building, shall be screened from view from any public street right-of-way. In addition, storage and loading areas must be screened from view from any adjoining property when that property requires a transitional buffer as identified in Table A of this Article . In addition, property zoned industrial must screen from view all outside storage areas when adjacent to nonindustrial zoned property. A. Screening shall be accomplished by an opaque screen consisting of one or a combination of the followings • 0 • a. Freestanding walls, wing walls or fences . XIV - 37 6/24/97 SECTION 18 Page 182 R ( t 32X { ❑ OPT, � l a; ,'I I � ' I o b i „ •�t L1 i 1 �i t. � ,d � �' < a • w orr r. n 4 , G � � I p I F aOy/taN I r " I, ZONING e 14-400 I b. Earthen berms in conjunction with trees and other 1 landscaping, C. Landscaping, which must be opaque and a ' in height , within 18 months of planting. t C. Screening shall be a minimum height of a, to screen truck berths, loading docks, areas designated for r ' permanent parking or storage of heavy vehicles and equipment or materials. f } D. Screening shall be of a length to screen the maximum size trailer which can be accommodated on Bite. Sites which can accommodate a full size tractor-trailer shall provide a 48 ' wing wall, where wing walla are used. I I "I l f XIV - 38 6/24/97 SECTION 18 Page 183 ' C 32 loww= •i. {�'� �v r +n. a� yvl l� ��1 �,� lk rlY " il M1rte 'r +.R �' t?� 74�'iv f ♦ 'l 1 a. 1 �', ,h Vr v., rye•. t a t, h r1" jX vi, rV i. ...Y 9i 4� r „w J} •.v� I { _ a + +MRldr77 v Y. � I � r r , s ij -All �Ll ZONING 14-400 ; . 4 r'. 1 P y: Figure 11 Screening of Loading Dock Ca= 3� r Eight foot high , opaque swoon zi 1: t a1 4r .oar. STREET 4 0 : i • .1 i XIV - 39, 6/24/97 i SECTION 18 Page 164 ti 5 ' ' J 'r r : f l� r � t ti• a {; Y /a v " � "f F t P M � � ' ' F C�S N x 1 � :' r r4 f i t� t 1 .' y A 1 C• r 41 '± r r I t , ZONING � r 14-400 ; E. Refuse Facility Screened. Each refuse facility shall , be completely screened from view of public streets and adjoining nonindustrial zoned properties by: 1. meeting the requirements of the other sections of this ordinance; or 2. Screening on three sides by masonry walls not less l than the height of the bin or container. An opening shall be situated so that the container is not visible from adjacent properties and public ' streets unless the opening is equipped with an opaque gate. Gates must have tie backs to secure in the open position, F. New refuse facilities placed on existing development ' shall be screened in accordance with this Section. ✓' Figure 12 Dumpster Screening MR not teas 1 Opaque gate than the height t s wfth to-tack of the conte4?u i 174 f f r ?. XIV - 49 6/24/97 SECTION 18 Page 185 � ': i c ' a ♦ 3.YI« A ' > ` "F J 1 1` �"' wn�� fr M ? Ru'..r, 4'J ;U % i� r i V� �i .�I Ij t M �1'! r . n > v✓f x k5R t /N.p o Ye t E,1 � t, ln J t y y� yf ib y r .I n .N a . ' f 'J'R ,✓ " ♦ ,y I t t I i tiv' 7 I 1C •� ' 1 I , d ZONING 14-400 C. 8 . Stacking Lanes for Drive-Through Service Windows Screened. Stacking lanes for drive-through ; service windows shall be screened according to the following: a. Stacking lanes for drive-through service windows adjacent to a public street shall be I 6 screened to a height of 31 . ?' b. Screening shall be opaque and consist of one ., or a combination of the following: (1) Screening shrubs . (2) Walls. (3) Berms. � i r C. Plant Specifications - Screening shrubs shall be spaced a minimum of 3 ! on center and shall be a minimum of five gallon containers and ' shall be capable of reaching a minimum height of 3 ' within 18 months of planting. (Amend Ord 97-89, 6/24/97) J • 1 I 1 t i : 1 i %IV - 41 6/24/97 SECTION 18 Page 166 a� 2! 10 �32 X I ❑ • > ,ti a r , f� • i V - c nta�� it gets aj[JL " EPA downgrades will likely be forced to comply temperatures are high."Ozone with standards set for serious Action"days arc often declared Nletroplex rating polluteraunderEPAguidelines in advance when those condi• j By,oharles81tertus by November 1999.A plan for tiuns nro expected to occur to- Stafrwriter improving air quality must be gctlwi. submitted to the federal gov- Uuzcns of :cientilic taste Not unexpectedly, Denton ernment by the state by No. nonce I9SU have shown that County — along with the rest vember, she said. of the bletroplex—was reclas- Also under the new classifi- sified by the U.S. Eavironmen• cation, new industry locating to IrnprOUtng the atr in . . tal Protection Agency Thurs- the area will be required to ob- the Dallas/Fort day as a "serious"polluter for tain re-construction permits failing to meet air quality Stan- P p. Worth area will dards set by the federal Clean that match the more stringent pollution requirements at• require everyone ... t0 Air Act. • lathed to the "serious" classifi• work together. The reclassification from cation, she said. "moderate"to serious —which iii meet the higher air qualt• Jerry Clifford, during the last several months t), standard. county residents was made known as a likely could be forced to change driv. EPA administrator; development — came because ing habits,officials have said. . recant pollution monitoring Residents eventually may be those with lung or heart condi-. tests showed the region"failed compelled to curtail the use of tions and others suffgr,:itk tomtet the health-based one- drive-through windows at health effects on dayswherithe t hour eir quality standard for banks and fast-food restau• Iec'eIs of airborne pollutants ground-level ozone by the Nov, rants and to endure restric• are high, said Dave Bary, an 15, 1996 Clean Air Act dead- tiuns on ocher things that the EPA spokesman in the Dallas line," a statement released by federal agency say's affect the area. the agency said, amount of ozone in the air,otfi. Taking action is not Just a f For Denton County rest- dais said The new regulations waste•of time,either,he said. . dents,reclassification probably wuuld in sonic cases require Efforts to reduce the amount will not result in any immedi- permits and requirements of pollutants in the air have ate lifestyle changes but could would likely be enforced by the proven effective In many U.6, eventually result in such state's Natural Resource Cen- cities Including Pittsburgh and things as tighter vehicle emis- nervation Commission, an EPA Cincinnatl. he said. In 1990,88 t sion controls as state legisla, official said. cities with high pollution levels; tors attempt to bring sit qua "Improving the ntr in the implemented ozone reduction; *1 ty to acceptable levels, said quire everyonerthindividuals, prom p Seven years later, " II Cheryl Bochstetler,spokesper• q y he sold, pollution in ni of the' son for EPA in Dallas. business and industry leaders cities had dropped significant• • and government officials — to _ shesaid,l"R ally hastafdotwith work together,"Jerry Clifford, IyFailure to make an carne t' kicking in time lines on when EPA acting regional adminis• effort to moot EPA air quality, the atate has to comply." lrator, said in a written state levels could prompt the.federal E The new classification re- Mont, "To protect public government to withhold hS li-I h S quires a reduction In ozone- health. it ie imperatrge t at vve vvay funds although that is, i forming air emissions from redouble our efforts coward seen as on empty threat, of9•-1 • 1996 levels by at least 9 per- this wmnion goal." cialr have said ; cent. The amount of ozone in the The EPA's class ifications'an, O • air�c mesas serious classification Dallas, emissions increases marginal, moderate, tettoub,i severe and extreme. Goals are' Collin and Tarrant counties other equipment are expelled designed to help areas progreds into the environriont and then toward meeting Clean Air A�t; heated during the afternoon standards in o timely manner,: Pollution is twrst on days according to the statement rf when there is little wind and leased by tho EPA. i9 SECTION 19 Page "I f :, '; , ? J� , �« •,� d r�1 tc; r .!L t4 Y ! „ � � � 1'1 i yr 3 .r WF � �� ➢ 'ti � } � d��}R '�t/ '�l�i ,,, , M F f� � , ! � ➢. �� ,��� � 4. , b associates, i i , � t e i r I 1 ! S{ 'f• A 3 1 p State may miss cleansiair deadline By Randy Lee Loftis Texas official Warns pollution sources a far a t74 miles 1"4,0"e"reiwdrnef ikeDenatiorniaaxen from the metro Ares. State officials Texle top environmental orricia local leaders during also could seekmhevetlaner-Dorn• spent much of Thursday trying to Ing gasoline sold throughout East limit expectations for the state's Arlington meeting Texas, as well As requiring vapor emerging clean-air strategy for the controls on gas pumps in outlying Dallas-Fort Worth area choking crone late next year,the U.S. areas. Environmental Protection Agency The conservation commission al• Appearing In Arlington and In might hove to downgrade the area's so Is zonsldering controls on more F Delves,Texas Natural Resource Con• status for the second time In as meny typo of pollutants and is working to � ' r; ry McBee Commission ld that opt ons betag con nazi bring older Industrial plants ex• f; ryMc&eSlldthetoptlotaDelogcon• y The EPA on Feb. S finalized Its emptedrrompermitrequlrementsby sidered might not save the state from decision to redesignate the area from law—Into compliance with modern blowing Its next cleat-air deadline a"moderate" vioiotor of the federal nendards. it In late 1999 or early 7000. It's unlikely that Texas could ozoae oundard to a"serious" viola. At the meeting with elected orfltp ;- tor. Cont make enough meJor chi aces by then inued smoggy Air In 1991 clels, the EPA's acting regional ad• to make the metropolitan Ira's air and 1999 could lead to another demo- ministutor,Jerry Clifford, said ihio meet federal health standards, Mr. don,this one to"severe"—the label stile had outlined a bold strategy. that Houston his now. But he echoed Mr.McBee s warn McBee told local elected officials at a ing s That would bring more crack• that success Isn't by the r morning meeting In Arlington, downs on pollution, could slow In• next desdlfne. "I'm not ready to false the white dwtrlal growth sad might pox a Mr. Clifford said the EPA would 1110 completely, but the hill is very new Image problem for local officials strive to find enough leeway in dead. steep• be said. trying to recru it at w businesses.One lines set by federal law, as It did Mr.Mc Bee assn spoke before the such official,Fort Worth Mayor Kea- recently for St Louls. editorial board of The Dallas Morn. neth Barr,told Mr.McBee Thursday St Louis,like Dallas,was due for a N Ing News and at a statrsfonsored that people want action now. change from moderate to serious otr "town bell"forum In Arlington. "I find It very frustrating that pollution nelus The EPA held off O— Under the federal Clean Air Act, progress is slow and difficult and making that change,despite the foci N air quillty In the Dellalrort Worth we're talking about more of the that the letter of the law required It "J Area must meet health standards by same,"Mr, Barr sold. He pressed Mr, Mr,Clifford sold. November 1999.State and federal of. McBee to identify uncontrolled in Dallas shouldn't count on a ofml•'- ficials say such an Achievement dwtdol polluters and get them locus let gift to save it from legally me sit ,p could be out of reach,given the re• emissions as soon as posslble. dated deadlines, be Slid In the St ad ; Stan's recent(allure to make enough The states now packsa of Pow. Louis use. Mr. Clifford acknowl:; Improvements. ble options, announced Jan. 77, In. edged,"If was were to be sued, we'd If the Air still has too much lung- cludes scorching for big, Industrial Irga." r I, e s . . • ` t SECTION 19 Page 2 j , 25X 10 32X � ❑ • I '/ f J ' i I dA91111id� � e , 0 r .:.•..." rT n : r;r.:..ry..y:r.l wa-.ti.!51.:r.X.Y•�r.rrYMMaa. ' .,o�.1F.NtY YwR'"I.RV.h',,Q-h<L1d.Y+(AriwN l'A'.h:^gi'i'IMF.':?r.��n••S•tYe,t±11j'0.'! f.!"'aJ.trvl•'.ryb•2'M9!'^k':Mre.w:y..:MeN,�,r..e.,Nr'•wa w4'�:.:ryr..w. N..RYi':r:F'.f/r1+ 1.': 1 Ile, " f x1ay,MucA:J,1'N8 N in landscaping plan are denounced f Changes p , menu late yesterday by Hirt and ! 5' JACK Z,SerTN Fort Worth councilwomen say its approval in jeopardy Haskin put the necessary five-vote s.-teke ve um w,tar majority in doubt. FORT WORTH — Two City Council..embers who have strongly said "fie fact of the manet is, we stores,cm dealerships,office build- ings. holy is vcheduledto vote on the ad• The ordinance would require of trees. shrubs urged adoption of a landscape ordi- art more contemns about making o np, sch wls,churches and govern• Hall,�'�vote could del yed d and pmnd coversfor new develop- handful tentatively scheduled fora handful of developers happy. . Nee merubuddings tiat final vote today. say amendments don't have the courage b do the right et The by fie Fat WonhasChamber tnd H kln declined w say e p rd by n kos3 Otp�erunoti and designed to appease developers thing" 1 would crippk it. Has and Hirt tomplair ed about of Cortunntt and Lsl Koh Hi Bevel• how they will vote until they see SAf The tat "The ordinance, with those a proposed amendment that would open oil indttsrialitt Koh Hickrrun wfiatfuwl famine adnarxeula, The latest dlafl d the ordinance E changes we're talking about..• isn't reduce the required landscape area majority owner of the Stockyards With the proposed s endmena, conWits about 15 proposed changes. wonh the payer it is wriuen on:' for new conrtercud,Inst ru inal and Stauoe retail and restaurant devckp- Hirt said, the chorea could De One amendment shat the "arxdwo Pap Becky Raskin said industrial developments. merY on the north side, between"no onllnanee al all and 1 try's Bond of Adjustment would fx Councilwoman Cathy Hirt was the amendment would deduct The comol s b discus the Mi- rery.very bad orurunce. empowered ro approve var enco equally critical, parking space before calculating nance in re Ours adch wok snCity week dsccapordinance� f due toespe cal conditions" at fa 'rl really believe we tae letting what percentage of the site requires today Npre<wtnlcharnbersatCity pp down the nnaens of Fort Worth."she landscaping at sites such as retail Hall. The nine-member goveming would be approved, But the coQmo development suc. rn 5�-0.r' -'S' �\2�PCk n 3 z J X10 ro ' a w m w - o ' ' o . s :f.s;q ,v S x ;a,r ,w s"WaFrd•�" , ,•^�.< 'r ., , , . . . ,._ . ... Y y Landscaping law approved / The Fort Worth City Council me.111* real lent broken. approves the ordinance,S-4, fans a gaeee b!Ftbna said."coubcil- woman Becky me.but wad."Ua a very aFtef two hOUns debate minimd adinaxe,but a lean we lure before a packed audience. womedungno the books DOW." "I think it will make Fort Worth a Bx gtta Z S%nTH greener place."wild film Beeler,residers w.nvrv,sou W. of Cullum td Quality NeigbboAlaads FORT WORTH—In a dramatic $4 drink we're going to see an improremem vote due drew them from neighborhood ...throughout the entire city." groups,the City Council awmved a land- Developers and reef estate brokers scare ordinance yesterday that was rorecK however,that some develtapncm opposed by many developer and eom. (Mon on LANbSCMa a PW w) SC0.T —TO0 Vol,rry 3/2$ !Q$ The new orimance%pecrrres Oommum Maya Kenneth Barr and counil mem. After the meeting.Hickman said. I'm result in h lywry quabry development ben. Landscape innivi of trees, %hruhs and grswtW ernes ten Cathy Hirt dim lane,Ralph NI Claud extremely lad that it didn't work out" nfy the city and provide environmental required Gat new CumrMr[1a1, imutu&M,1 and Hatun wined for the ordinance.Coup- An obviously upset Wentworth,a few- benefits such as reducing morm-ester From Page I and indusinal developmenis, as well a cal members Clyde Puht Chuck Silcox, met Fort Worth CMmber of Commerce loved. The ordinance will efsmtaate con. .. ._.._�._._ ?_ ewung develprrents that are expanded at Eugene M%Cray and kff Wentworth voted chairman and mired bank executive wbu lout iron of huge retail parking lots devoid Icat 30 perccm and 3.000 iquart feat ngansl a tepievs nu much of went Fat Word,voted dgreenery,backers see N iniv --ranmulady m hew-and nxrder• For esery Sp) square reel of rry�ired Haskin, Hirt and other critics of the against the Ordinance without the island. Yesterday's vote followed a pasiunme o:o>,wnc anti—woutdhe killed by des landscape area,one tree and 10 shrubs failed amendment rid it would have mesa He laid he dsoughl as law as Sunday debate in cnuncd chamber, ,I'r t.om ply ing w.th the Ordinance must be PtelEd 0 a encM rule,Mgaunn reduced the portion of many sites Ihm must cigM dial a compromise dud been rem Boiler told the council he resented h.I-w,n I rake a n locl scienun tO p�rce- sysiems are also required be landscaped to u link as e pastern a S to include the amendment. "personal attacks"made on Haskin becwse . vsr r..hat*ill hypen."svd fknwood But. The Ordinance —which tikes effect in percent —far below des level required by For comnsercial and insumuoml sitet, she vtgoreu%ly wnpprxned pawing n ordl- t r, commercial real ratite broker and eta monthl—govems such devebpxnenu ordinances in,Iher North Tea»nom ilia the ordinance require am M kit to per. nett. i.vrloprr °The ordinance will dose "office huddinp, sexes.reaaumnty,fan would have greatly educed the 'visual ant of eve"m site art,"of a devefopment Clem Canon,a real estaie broker and i.csnn and huunevvet away fmm those tones,gover nment buiMingi,wh ools,hot. impact'Of the landscaping.Most uid be landscaped,The net site is the hand site sppniter,pointedl told the council that tads and eerbde tames parks.Single-fmi Under the amendment,parking spec- minus but di ngt and other critic nuTf.Fo the ordinance reprnenn in inotion of In.pprOVmg me landmuk legivuhon. ly home%, apartmeet buildings and the would have been deduned in calculating hdusMal stws, r kao J pence must be property righu,rather than Jute a quality• e umnv d adrpad a msmori by Hadun is Juwmuwn butmcvs dkinct art raemrt. the required landscape area. Wd%aped, of-bre issue. N ,rvivr i key amendment hacked by the Allier more than two hours'debate frevelopen including Holt Hickmm, peve&spen wM tenth vuy nom ntrsct 'To be blunt and pobtieaoy kteomem I '. it tv„Oh CTamter of COmmerca many before s packed auditnce as City Haft.des owner of the Stockyards Station mail and rcpt;remenu 'two odrnance mwyy''weer don't ,now a Ile any of de m- she. of e H seb•Irrs and lather buvinns nrrcsenn- e(sunetl narrowly approved the ordinance reuauma complex to the north fide,dud approval fmm dt!city's Bond aAdlun duscouncil weRettougAlOhaven tiya . The amerdment would have reduced Neighborhood advocates erupted In suW they could suppxt an ordinance d the ment dwTmng to me what my quality of Ifs is or xr �,urrourn t(lurdscalnng requucd, apphuve and victory wtxropt. r amendment weft Included. Proponena of the urdina -my N VAN should be.”he said. D ro w des ro a I J •v; lire 'v. a ! cl 32x � ❑